Agenda packet, special meeting — Los Gatos City Council, August 18, 2026 (part 2 of 4)

ITEM NO. 1.
operations and intended routing during various runoff conditions (i.e., treatment runoff vs. Hydrologic Modification controls) and the rationale for the pump size selected relative to the treatment flow rate. The Applicant shall update the BAHM analysis to conform to project conditions to the satisfaction of the Town Engineer and include a summary of the changes made to the BAHM analysis since the entitlement plan review for review by the C3 consultant. The Applicant must select and indicate bioretention area plants capable of withstanding and surviving the higher design ponding conditions.

If pumps are proposed, the Applicant must:
a. Provide pump discharge rates that receiving bioretention areas are capable of treating, to avoid consistently overwhelming the bioretention areas. b. The Applicant must include an alarm system that will notify the owner or operator of a pump failure.
c. If off-site improvements modify the quantities of regulated and unregulated offsite impervious area, the Applicant must update Section 2, item “d” and Section 8 of the C.3 Data Form to reflect those changes.

67. CHANGES IN BAY AREA HYDROLOGIC MODIFICATION – The Applicant shall verify and provide geotechnical report documentation of site soil characterization and associated infiltration rate, then update the BAHM, if necessary. The Applicant shall verify and updated the underdrain diameters, underdrain orifice, riser height, and riser diameter for the storm treatment measures (“STM”) 1 through 30 (Planters), STM 38-44 (Oka Road), and STM 34 to match the plan sheet data details.

68. DEVELOPER STORM WATER QUALITY RESPONSIBILITY – The Applicant is responsible for ensuring that all contractors including subcontractors are aware of all stormwater quality measures and implement such measures. The Applicant shall perform all construction activities in accordance with approved Improvement Plans, Los Gatos Town Code Chapter 12 – Grading, Erosion and Sediment Control, and the National Pollutant Discharge Elimination System (NPDES) General Permit. Failure to comply with these rules and regulations will result in the issuance of correction notices, citations, or a project stop order.

69. SITE DRAINAGE – The applicant must construct the onsite stormwater conveyance and treatment system in compliance with California Water Board regulations. No through curb drains will be allowed. Any storm drains (public or private) directly connected to public storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to Bay” NPDES required language using methods approved by the Town Engineer on all storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be designed to serve exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not permitted in the Town of Los Gatos. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.

70. OFF-SITE DRAINAGE – The applicant must construct the offsite stormwater conveyance and treatment system in compliance with California Water Board regulations. The Applicant shall not alter any existing drainage patterns without approved Improvement Plans.

71. CLEAN, INSPECT, AND REPAIR STORM LINE – If the project will connect to the public storm drainage system, the Applicant is required to evaluate the conditions of the

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existing storm lines along the project frontage by videotaping and providing the result to the Town Engineer. The Applicant shall clean and inspect (via remote TV camera) the storm line from the manhole upstream to the manhole downstream of the project area.

The video inspection shall be done by a professional video inspection company and be completed prior to building permit issuance. The video of the inspection shall be reviewed with PPW and any cracked, broken, or otherwise compromised integrity is found, the areas of the line along the project frontage shall be repaired by the Applicant at the applicant’s expense. The Applicant shall include the required repairs on the Improvement Plans submitted. All necessary repairs to the storm line shall be completed and approved prior to the project connecting to the storm drainage system

72. GRADING & DRAINAGE WINTER MORATORIUM – All grading activity shall comply with the Municipal Regional Stormwater Permit and Chapter 12 of the Town Code. There shall be no earthwork disturbance or grading activities between October 15th and April 15th of each year unless approved by the Town Engineer. In order to be considered for approval, the Applicant must submit a Winterization Erosion Control Plan certified by a California certified QSD to the Town Engineer for review and approval. If grading is allowed during the rainy season, a maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on the exposed area. The submission of a certified plan does not guarantee approval. Any approved and executed plan must be kept on-site while the project is under construction.

73. SWPPP AND EROSION CONTROL – The Applicant shall prepare and submit a comprehensive stormwater pollution prevention plan (SWPPP) inclusive of interim and final erosion control plans to the Town Engineer for review and approval. The interim erosion control plan(s) shall include measures carried out during construction before final landscaping is installed. Multiple phases of interim erosion control plans may be necessary depending on the complexity of the project. Interim erosion control best management practices may include silt fences, fiber rolls, erosion control blankets, Town approved seeding mixtures, filter berms, check dams, retention basins, etc. The Applicant shall ensure a Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) monitors erosion and sediment control as required by the Construction General Permit. The Applicant must take measures to ensure continuous compliance with the Construction General Permit, and shall install, maintain, and modify the erosion control measures as needed to continuously protect downstream water quality. In the event an emergency modification is deemed necessary, the Applicant is to implement necessary measures to protect downstream waterways immediately and then submit the changes made within 24 hours to the Town Engineer for review and approval. The Applicant shall provide the Town Engineer with the assigned Notice of Intent (NOI) permit number received after filing a Notice of Intent under the Construction Stormwater General Permit. The erosion control plans and SWPPP shall comply with applicable measures contained in the most current Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). All tests submitted to the regional board must also be submitted to the Town Engineer. Any fees or penalties assessed against the Town in response to the Applicant’s failure to comply with the Permit must be paid by the Applicant. The Applicant must permit Town staff onsite to conduct periodic NPDES inspections throughout the

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recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations.

74. SITE TRIANGLE AND TRAFFIC VIEW AREA – Fencing, landscaping, and permanent structures shall not visually obstruct line of sight between three-feet and 7.5-feet in height if located within the driveway view area, traffic view area, or corner sight triangle. The driveway and intersection site triangles are represented on Town Standard Drawing ST-231. The traffic view area and corner sight triangle are shown on Town Standard Drawing ST-232. This includes all above ground obstructions including utility structures, for example electric transformers. The various clearance lines shall be shown on the site plan to demonstrate compliance.

75. GEOTECHNICAL REVIEW – Prior to building permit issuance, the Applicant’s Geotechnical Engineer shall submit a design level geotechnical report. The design level geotechnical report shall address the following:
a. Clarify what the quantitative improvement will be if the upper 2 to 4 feet of soil were improved by over excavating and replacing as engineered fill, as they have suggested in Section 6.3;
b. Given that pad grades will be raised by up to about two feet, the Geotechnical Consultant should revisit their settlement calculations, calculate new settlement magnitudes, especially for the units closest to the Los Gatos Creek Channel, and evaluate if mitigation measures (deep foundation, ground improvement, etc.) are warranted for the additional settlement; and
c. Confirm with Balance that they use Cornerstone’s recommended Soil Group/infiltration rate for their stormwater modelling.

The report will require a peer review by the Town’s geological and geotechnical consultant. A deposit and fee for the peer review will be required per the Town’s current fee schedule, unless there are any remaining deposit funds from the entitlement phase. The Town will route the design level geotechnical report to the Town’s peer review consultant once the report is submitted and deposit and fee are available. Once approved, the geotechnical engineer shall review the grading and drainage plan and proposed pavement and foundation design to verify that the design is in accordance with their recommendations. The Applicant’s Geotechnical Engineer’s approval shall be conveyed to the Town either by letter or by signing and stamping the plans. All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. The Applicant shall add this condition to the general notes on the grading plan.

76. GEOTECHNICAL ENGINEER OBSERVATION – All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the Town of Los Gatos for each phase of construction stating that all grading activities were performed in conformance with the requirements of the project’s design level geotechnical report. The Applicant shall submit a Final Geotechnical Construction Observation and Testing Summary in an “as-built” letter/report prepared and submitted to the Town prior to issuance of the certificate of occupancy. The Applicant shall add this condition to the general notes on the grading plan.

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77. FLOODPLAIN MANAGEMENT – Unless otherwise approved by the Town Engineer, the Applicant shall submit to the Town Engineer a letter stamped and signed by the Engineer in Charge stating that: 1) all requirements of Chapter 29, Article 9 of the Town Code have been satisfied; 2) all other required state and federal permits have been obtained; 3) the site is reasonably safe—a state where hazards and conditions leading to harm are controlled, and a person can expect an environment to be free from dangers that a reasonable person would anticipate—from flooding; and 4) the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this article, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1) foot at any point. If the site is filled above the base flood elevation, the lowest pad and floor elevations shall be certified by a California registered professional engineer or land surveyor and provided to the Town Engineer.

78. PRECONSTRUCTION MEETING – After the issuance of any Grading or Encroachment permit and before the commencement of any on or off-site work, the Applicant shall request a pre-construction meeting with the PPW Inspector to discuss the project conditions of approval, working hours, site maintenance, and other construction matters. At that meeting, the Applicant shall submit a letter acknowledging that:
a. They have read and understand these project Conditions of Approval; b. They will require that all project sub-contractors read and understand these project Conditions of Approval; and,
c. They ensure a copy of these project Conditions of Approval will be posted on-site at all times during construction.

79. STREET RESURFACING - The project construction is expected to impact Oka Road. To mitigate this damage, the project shall grind and pave the entire width of Oka Road from lip of gutter to lip of gutter along the entire project frontage or to the nearest pavement marking with a minimum 2.5” hot mix asphalt concrete including pavement section dig-outs and repairs, as directed by the Town Engineer. The extent of the digouts and local repairs is to be determined by the Town Engineer. Prior to resurfacing the street, the utility trench shall be backfilled using the Town’s standard “T” trench detail including Town-approved controlled density fill. The asphalt thickness of the T trench section shall be a minimum of four (4) inches, meet Town standards, or shall match the existing pavement thickness, whichever is greater. The final lift of the grind and overlay shall be 1.5-inches of one-half (½) inch medium asphalt. The initial lift(s) shall be of three-quarter (¾) inch medium asphalt. The Contractor shall schedule a pre-paving meeting with the PPW Inspector on the day the paving is to take place. Restoration of a street under moratorium must be restored in kind as determined by the Town Engineer.

Restoration materials shall be approved by the Town Engineer prior to placement. All existing striping and pavement markings shall be replaced in-kind with thermoplastic upon completion. All pavement restorations shall be completed and approved by the Town Engineer before occupancy.

80. GARBAGE/RECYCLE STORAGE AND SERVICE – The Applicant shall provide adequate area for the purposes of storing garbage, composting and recycling collection containers for

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ITEM NO. 1.
scheduled servicing by the Town’s solid waste collection provider. The collection containers shall not be placed in the public rights-of-way except during the period of time necessary to allow removal of the waste. brought to the service area on the day of service and returned to the storage enclosure by the property owner that same day. The containers are not to be in public view or in the public rights-of-way prior to or beyond the scheduled service times. A letter from West Valley Collection and Recycling confirming serviceability and site accessibility shall be provided to the Town Engineer for approval prior to the approval of an occupancy permit.

81. OVERHEAD UTILITY CLEARANCE – For projects that have overhead utility lines on-site that travel over new buildings, the Applicant shall obtain a letter from the utility company indicating that there is adequate overhead clearance from the utility to the proposed building. The letter shall be submitted with the first set of improvement plans submitted. The plans shall show the existing utility pole, any necessary proposed pole protection (including overhead clearance warning identification), and shall be confirmed satisfactory with the utility company. The letter shall be to the approval of the Town Engineer.

82. SITE LANDSCAPING COORDINATION – The Applicant shall coordinate the overall site landscaping and the stormwater treatment area landscaping. Stormwater treatment areas should be identified on the site first, and then site landscaping to make sure the correct plant material is identified for each area. Some site landscaping plant material may not be suitable in stormwater treatment areas due to the nature of the facility.

Sanitary sewer facilities cannot be aligned through stormwater treatment facilities.

83. TRANSPORTATION DEMAND MANAGEMENT (“TDM”) PLAN – The Applicant shall submit a Transportation Demand Management Plan prior to the issuance of any building permit. The TDM plan shall include measures such as bicycle facility provisions, shower facilities, local shuttle service, transit passes and subsidies, carpool incentive, designated car share parking, and other measures that may be required by the Town Engineer to obtain a goal of a 15 percent vehicle trip reduction. The TDM plan shall also include a TDM Coordinator and identify the requirement for an annual TDM effectiveness report to be submitted to the Town of Los Gatos.

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE APPROVAL OF THE FINAL MAP OR

PARCEL MAP, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME

84. DEDICATION – PUBLIC RIGHT OF WAY – The Applicant or owner shall dedicate in fee to the Town a five (5) foot wide strip of land adjacent to Oka Road to meet the Town’s right-of-way width requirements in accordance with the Vested Tentative Map. This dedication shall be included in the Owner’s Statement on the Final Map. The Applicant shall include on the Final Map a statement of Town Council acceptance of the fee title of the dedication

85. DEDICATION – SIDEWALK EASEMENT - The Applicant shall dedicate a 2.4-feet sidewalk easement to the Town for public use that is located on the property side of the 5-foot dedication made under the previous Condition of Approval as shown on the Vested Tentative Map. This dedication shall be included in the Owner’s Statement on the Final

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Map. The Applicant shall include on the Final Map a statement of Town Council acceptance of the public easement dedication.

86. QUITCLAIM OF EASEMENT(S) – The Applicant shall abandon a 10-ft Sanitary Sewer Easement as shown on the approved vested tentative map. This abandonment shall be recorded, and an electronic copy (PDF) of the recorded quitclaim shall be submitted to the Engineering Division of the Parks and Public Works Department, prior to issuance of a grading or building permit.

87. TEMPORARY CONSTRUCTION EASEMENT – Prior to the issuance of a grading or building permit, it shall be the sole responsibility of the project to obtain any and all proposed or required easements and/or permissions necessary to perform any work on neighboring private property herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.

88. SUBDIVISION (FINAL) MAP – The Applicant shall have a Final Map prepared by a person authorized to practice land surveying in California that delineating all parcels created or deleted and all changes in lot lines in conformance with the Los Gatos Town Code and the Subdivision Map Act. Existing buildings shall be demolished prior to the recordation of the map if they conflict with any newly created lot line(s). The Town Council must approve all Final Maps. The Town Council meeting will be scheduled approximately fifty (50) days after the Final Map, Public Improvement Plans, Stormwater Treatment Facilities Maintenance Agreement, Landscape Maintenance Agreement, and Subdivision Improvement Agreement are approved by the Town Engineer. The Final Map shall be approved by PPW and recorded by the County Recorder’s Office prior to the issuance of the first building permit. In lieu of the Town Clerk’s Office coordinating the recordation of the Final Map(s) with the County, the Applicant may submit a map guarantee by the Applicant’s title company for the release of the signed Final Map to the title company for recording. Prior to the Town’s release of the Final Map, the Town Engineer may require the Applicant to submit to the Town an electronic copy of the map in the AutoCAD Version being used by the Town at the time of recordation. It is the Applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after Town approval.

89. SUBDIVISION IMPROVEMENT AGREEMENT (“SIA”) – The Applicant shall enter as a contractor into an agreement with the Town per Town Code Section 24.40.020, Gov.

Code Section 66462(a), and shall arrange to provide Payment and Performance bonds each for 100 percent of the cost and a Warranty Bond valued at 10 percent of public infrastructure improvements to be constructed in the public right-of-way. These improvements shall include, but not be limited to, roadway construction, sidewalks, curb and gutter, storm lines, and streetlights. Additionally, a Monument Bond must be provided in the amount equal to the engineer’s estimated costs to install. Town Standard insurance shall be provided per the terms of the agreement. The agreement will be forwarded to the Town Council for approval with project Final Map. The SIA shall be approved by the Town Council prior to the Final Map recordation.

90. MONUMENTS – The Applicant shall arrange for the engineer to have all monuments set per the recorded map. A certificate letter from the Surveyor or Engineer stating the monuments are set per plan shall be provided to the Town Engineer prior to occupancy.

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91. COVENANTS, CONDITIONS & RESTRICTIONS (CC&R) – The Applicant shall prepare and submit draft project Covenants, Conditions and Restrictions (CC&R) for the project. The CC&Rs shall be submitted with the project map for review and approval of the Town Engineer, the Town Attorney, and the Planning Manager. The CC&Rs shall include relevant project Conditions of Approval and shall include language that restricts the Homeowner’s Association from making changes to the CC&Rs without first obtaining approval from the Town. References to the Stormwater Treatment Facilities Maintenance Agreement obligations shall be incorporated. The CC&Rs shall be reviewed and approved prior to the Town Council approval of the Final map.

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL

INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER OCCURS FIRST, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.

92. ELEVATION CERTIFICATE – An elevation certificate per FEMA requirements must be completed by a Land Surveyor or Civil Engineer. The elevation certificate shall be submitted and approved by the Town Engineer prior to issuance of the first building certificate of occupancy.

93. RECORD DRAWINGS – The Applicant shall submit a scanned PDF set of stamped record drawings and construction specifications for all off-site improvements to the Department of Parks and Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The Applicant shall also provide the Town with an electronic copy of the record drawings in the AutoCAD Version being used by the Town at the time of completion of the work. The Applicant shall also submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first.

94. RESTORATION OF PUBLIC IMPROVEMENTS – The Applicant shall repair or replace all existing improvements not designated for removal that are damaged or removed during construction. Improvements such as, but not limited to curbs, gutters, sidewalks, driveways, signs, streetlights, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired or replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Existing improvement to be repaired or replaced shall be at the direction of the PPW Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the PPW Inspector shall be completed before the issuance of a certificate of occupancy. The Applicant shall request a walkthrough with the PPW Inspector before the start of construction to verify existing conditions.

95. PAVEMENT RESTORATION – Due to construction activities, new utility cuts along the project frontage, and the anticipated project’s truck traffic, the Applicant shall grind and provide a 2.5” overlay with asphalt concrete the south side of Los Gatos-Saratoga Road along the entire property length between the center median island and the property frontage. Prior to overlay, any base failure repair or required dig-outs identified by the

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PPW Inspector shall be completed. The Town Engineer shall approve the roadway repair prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first.

96. STORMWATER TREATMENT FACILITIES MAINTENANCE AGREEMENT – The Applicant shall execute and record a Stormwater Treatment Facilities Maintenance Agreement to ensure perpetual maintenance of the regulated project’s treatment facilities. The agreement shall outline the operation and maintenance (O&M) plan for the permanent storm water treatment facilities. The Town-Standard Stormwater BMP Operation and Maintenance Agreement will be provided by PPW upon request. The agreement shall be executed prior to the issuance of any occupancy permit and include the following:
a. The property owner shall operate and maintain all on-site stormwater treatment facilities in good condition and promptly repair/replace any malfunctioning components.
b. The property owner shall inspect the stormwater treatment facilities at least twice per year and submit an inspection report to PPW at [email protected] no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report.

Written records shall be kept of all inspections and shall include, at least, the following information:
i. Site address;
ii. Date and time of inspection;
iii. Name of the person conducting the inspection;
iv. List of stormwater facilities inspected;
v. Condition of each stormwater facility inspected;
vi. Description of any needed maintenance or repairs; and vii. As applicable, the need for site re-inspection.
c. The property owner shall not make any design changes to the system with the Town’s approval.
d. The property owner(s) shall develop a maintenance and replacement schedule for the stormwater treatment facilities that describes maintenance frequency and responsibility. This maintenance schedule shall be included with the approved Stormwater Treatment Facilities Maintenance Agreement. e. The property owner(s) shall reimburse the Town for the cost of site inspections required under the Municipal Regional Permit.
f. The property owner(s) shall authorize Town Staff to perform maintenance and/or repair work and to recover the costs from the property owner in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety.

97. STORMWATER MANAGEMENT FACILITIES INSPECTION – Prior to final inspection, the Applicant must facilitate the testing of all stormwater facilities by a certified QSP or QSD to confirm the facilities are meeting the minimum design infiltration rate. All tests shall be done on 20-foot x 20-foot grid pattern over the surface of the completed stormwater facility unless otherwise approved by the Town Engineer. All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer.

Percolation tests (using Double Ring Infiltrometer Testing) at horizontal and vertical (at

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the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50 percent safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. Sequence of construction for all stormwater facilities (bioswales, detention/ retention basins, drain rock, etc.) shall be done toward final phases of project to prevent silting of the stormwater treatment facilities.

98. LANDSCAPE MAINTENANCE AGREEMENT – The Applicant shall enter into a Landscape Maintenance Agreement with the Town of Los Gatos in which the property owner agrees to maintain the vegetated areas along the project’s Oka Road frontage located within the public right-of-way. The agreement must be accepted by the Town Attorney prior to the presentation of the SIA to Town Council.

99. EMERGENCY RESPONDER RADIO COVERAGE SYSTEM - All new buildings, including other structures such as, but not limited to, parking garages, storage facilities, etc., shall have approved radio coverage for emergency responders throughout their interiors. Prior to issuance of the final occupancy permit, the developer shall conduct a radio signal survey demonstrating compliance with Section 510 of the California Fire Code and the applicable provisions of NFPA 72 (“National Fire Alarm and Signaling Code”) and NFPA 1221 (“Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems”). Radio coverage must meet a minimum signal strength of - 95 dBm, ensuring at least 95 percent coverage throughout general building areas and 99 percent coverage within critical areas, as defined by these standards. If the survey shows inadequate coverage, the developer shall install an approved Emergency Responder Radio Coverage System (“ERRCS”), such as an FCC-certified signal booster or distributed antenna system (DAS), meeting the requirements of the California Fire Code and referenced NFPA standards. All ERRCS installations must include battery backup, monitoring systems, and shall be tested and approved by the Fire Marshal (or designee) prior to occupancy.

THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE

CONSTRUCTION PHASE OF THE PROJECT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A

CONDITION, AT THAT TIME
100. PROJECT CONSTRUCTION SETUP – All storage and office trailers will be kept off the public right-of-way.
101. PUBLIC WORKS CONSTRUCTION NOTICE – The contractor shall notify the PPW Inspector at least ten (10) working days prior to the start of any construction work. At that time, the Contractor shall provide an initial project construction schedule and a 24-hour emergency telephone number list.
102. PROJECT CONSTRUCTION SCHEDULE – The contractor shall submit the project schedule in a static PDF 11”x17” format and Microsoft Project, or an approved equal. The Contractor shall identify the scheduled critical path for the installation of improvements to the approval of the Town Engineer. The schedule shall be updated monthly and submitted to the PPW Inspector in the same format as the original.

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103. PROJECT CONSTRUCTION HANDOUT – The Contractor shall provide to the Town Engineer an approved construction information handout for the purpose of responding to questions the Town receives regarding the project construction. 104. PROJECT CONSTRUCTION SUPERVISION – The Contractor shall always provide a qualified supervisor on the job site during construction.
105. PUBLIC WORKS CONSTRUCTION INSPECTION – All work shown on the Improvement Plans shall be inspected to the approval of the Town Engineer. Uninspected work shall be removed as deemed appropriate by the Town Engineer.
106. PROJECT CONSTRUCTION HOURS – Construction activities related to the issuance of any PPW permit shall comply with Town Code Section 16.20.035 which restricts construction to the weekday between 8:00 a.m. and 6:00 p.m. and Saturday 9:00 a.m. to 4:00 p.m.

No work shall be done on Sundays or on Town Holidays unless otherwise approved by the Town Engineer. Please note that no work shall be allowed to take place within the Town right-of-way after 5:00 p.m. Monday through Friday. In addition, no work being done under Encroachment Permit may be performed on the weekend unless prior approvals have been granted by the Town Engineer. The Town Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. Onsite project signage must state the project construction hours. The permitted construction hours may be modified if the Town Engineer finds that the following criteria is met:
a. Permitting extended hours of construction will decrease the total time needed to complete the project without an unreasonable impact to the neighborhood. b. Permitting extended hours of construction is required to accommodate a construction requirement such as a large concrete pour or major road closure.

Such a need would be presented by the project's design engineer and require approval of the Town Engineer.
c. An emergency situation exists where construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the Town may waive any of the remaining requirements outlined below.
d. The exemption will not conflict with any other condition of approval required by the Town to mitigate significant environmental impacts. e. The contractor or property owner will notify residential and commercial occupants of adjacent properties of the modified construction work hours. This notification must be provided three days prior to the start of the extended construction activity.
f. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.
g. The Town Engineer may revoke the extended work hours at any time if the contractor or owner of the property fails to abide by the conditions of extended work hours or if it is determined that the peace, comfort, and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction.

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h. The waiver application must be submitted to the PPW Inspector ten (10) working days prior to the requested date of waiver.
107. PROJECT CONSTRUCTION BMPs – All construction activities shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinances, the project specific temporary erosion control plan, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 108. PROJECT CONSTRUCTION EXCAVATION – The following provisions to control traffic congestion, noise, and dust shall be followed during site excavation, grading, and construction:
a. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards.
b. Travel speeds on unpaved roads shall be limited to fifteen (15) miles per hour. c. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. d. Water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to ensure proper control of blowing dust for the duration of the project.
e. Watering on public streets and washing down of dirt and debris into storm drain systems is prohibited. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the PPW Inspector, or at least once a day.

Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. Recycled water shall be used for construction watering to manage dust control where possible, as determined by the Town Engineer. Where recycled water is not available, potable water shall be used. All potable construction water from fire hydrants shall be coordinated with the San José Water Company.
f. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the work week to the satisfaction of the Construction Inspector.
g. Construction grading activity shall be discontinued in wind conditions in excess of 25 miles per hour, or that in the opinion of the PPW Inspector cause excessive neighborhood dust problems.
h. Site dirt shall not be tracked into the public right-of-way and shall be cleaned immediately if tracked into the public right-of-way. Mud, silt, concrete and other construction debris shall not be washed into the Town’s storm drains. i. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation.

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j. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site.
k. Prior to issuing of any permit, the Applicant shall submit any applicable pedestrian or traffic detour plans to the satisfaction of the Town Engineer for any lane or sidewalk closures. The temporary traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans and in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of-way. l. During construction, the Applicant shall make accessible any or all public and private utilities within the area impacted by construction, as directed by the Town Engineer.
m. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The Applicant shall require the soils engineer submit to daily testing and sampling reports to the Town Engineer. 109. MATERIAL HAULING ROUTE AND PERMIT – For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck size as defined by FHWA Standards, the Applicant shall submit a truck hauling route that conforms to Town of Los Gatos Standards for approval. Note that the Town requires a Haul Permit be issued for any hauling activities. The Applicant shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. The haul route for this project, unless otherwise approved by the Town Engineer, shall be Oka Road to Lark Avenue to Highway 17. A letter from the Applicant confirming the intention to use the designated haul route shall be submitted to the Town Engineer for review and approval prior to the issuance of any Town permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the Applicant. Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Town Engineer. The Applicant must provide an approved method of cleaning tires and trimming loads on site. All material hauling activities shall be done in accordance with applicable Town ordinances and conditions of approval.
110. HERITAGE TREE PROTECTION MEASURES – The Applicant shall submit a tree protection plan showing how all on- and off-site heritage trees will be protected during construction. All approved and installed Heritage Tree protection measures shall be installed prior to any site activities and maintained throughout the period of construction. The Project Arborist shall complete inspections on an as-needed basis during the construction period and shall submit a monthly report of findings in an email or letter to the Town Engineer and Town Planner assigned to this project. 111. PROJECT CLOSE-OUT – Prior to requesting a Final Inspection, the Applicant shall submit to the Town Engineer a letter indicating that all project conditions have been met, and all improvements are complete. All work must be completed to the satisfaction of the

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Planning Director and Town Engineer prior to the first occupancy. All public improvements, including the complete installation of all improvements related to streets, fencing, storm drainage, underground utilities, etc., shall be completed and attested to by the Town Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, including those for water and sanitary sewer services, such installation shall be verified as having been completed and accepted by those agencies. In addition, the Applicant shall submit an itemized final quantities list of all public improvements constructed on-site and within the public right-of-way. The final quantities list shall be prepared by the project engineer and be to the approval of the Town Engineer. The final quantities list shall be broken out into on-site and off-site improvements based on the format provided by the Town. Until all the required improvements are fully completed and accepted by Town, the Applicant shall be responsible for the care, maintenance, and any damage to such improvements. Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Applicant.
112. CONSTRUCTION WORKER PARKING – The Applicant shall provide a Construction Parking Plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the Town Engineer prior to issuance of Town permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the Town permits. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§15.40.070).
113. SITE WATER DISCHARGE – In accordance with the Town Code, Prohibition of Illegal Discharges (Los Gatos Town Code Section 22.30.015), the Town Engineer may approve in coordination West Valley Sanitation District the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the Town Engineer.

THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES THAT THE USE

PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES
114. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP) – Post construction storm water pollution prevention requirements shall include:

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a. The Applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private stormwater facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair if the treatment facility is no longer able to meet performance standards or has deteriorated. Any abatement activity performed on the Applicant’s property by Town staff will be charged to the Applicant at the Town’s adopted fully loaded hourly rates.
b. Maintenance of the storm drain inlets “No Dumping – Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available at www.flowstobay.org.
c. All process equipment, oils, fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum-based waste, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times. d. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations.
e. Garbage and recycling receptacles and bins shall be designed and maintained with permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system. f. It is the responsibility of the property owner(s)/homeowners association to implement a plan for street sweeping of paved private roads and cleaning of all storm drain inlets.

TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
115. Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.
116. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet C8.0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2. 117. FIRE ALARM REQUIREMENTS: (As Noted on Sheet C8.0) Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop drawings (3 sets) and a permit application to the SCCFD for approval before installing or altering any system. Call (408)

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341-4420 for more information.
118. PUBLIC/PRIVATE FIRE HYDRANT(S) REQUIRED: (As Noted on Sheet C8.0) Provide public/private fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 2,812 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C. 119. REQUIRED FIRE FLOW: The minimum require fireflow for this project is 2812 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.1]
120. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED: (As Noted on Sheet C8.0) Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 50 feet outside and 30 feet inside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.
121. FIRE DEPARTMENT CONNECTION: (As Noted on Sheet C8.0) The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2”) inch national standard threaded inlet couplings.

Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard].
122. BUILDINGS AND FACILITIES ACCESS: (As Noted on Sheet C8.0) Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1].
123. GROUND LADDER ACCESS: (As Noted on Sheet A.10 and sheet A.16) Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. With the climbing angle of seventy five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear.

Landscaping shall not be allowed to interfere with the required access. CFCSec. 503 and 1031.2 NFPA 1932 Sec. 5.1.8 through 5.1.9.2.
124. FIRE LANES REQUIRED: (As Noted on Sheet C8.0) The minimum clear width of fire department access roads shall be 20 feet. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code.
125. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor

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ITEM NO. 1.
supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
126. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters.

Numbers shall be a minimum of 6 inches high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 127. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
128. This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6] N:\DEV\CONDITIONS\2026\Oka Rd, 14789- M- A&S - ND- PC 05-27-26.docx

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OKA RD

N CREEK TRAIL

BONNIE VIEW MHP

WILLOW HILL CT
14789 Oka Road
0 0.125 0.25
Miles
°
EXHIBIT 4

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UC Oka Road, LLC
99 S Almaden Blvd Suite 500
San Jose, CA 95113
Oka Road Townhome Project
14789 Oka Road
APN: 424-08-035, 424-08-074
Project Site
The proposed project site contains two parcels consisting of approximately 6.78 acres.

Proposed Project
The project proposes 138 townhome units along Oka Road in Los Gatos, California. There will be 2-bedroom and 3-bedroom units available for purchase. The floor plans range from 1414 to 2028 square feet in size. The building area is approximately 302,940 square feet. The project will create 18 separate lots to accommodate each new building.

The site plan is carefully designed to reflect the context of the site and its surroundings. The buildings are located parallel to Oka Lane to create a strong urban design presence along the street. This alignment also reduces the visual mass of the buildings from the two adjacent uses, as the buildings are side-on to those uses.

The buildings along Oka Road have front doors that face the public street, creating a pedestrianfriendly streetscape. A public sidewalk connecting to the existing sidewalk will be provided along the Oka Lane frontage, offering a valuable community benefit. All the units are alleyloaded, so the garages are hidden from public view. The front doors of the units are located along Oka Lane or on internal paseos.

The two entry lanes and landscaped edges provide ample buffer to adjacent uses. The site's circulation is designed as loops rather than dead-end streets, allowing for better traffic dispersion and flexibility in access for both residents and visitors.

EXHIBIT 5

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Parking
Each townhome would contain 2 garage parking spaces per unit, totaling 276 spaces. About 40% of garages are tandem parking and the remaining are side-by-side. An additional 22 surface parking spaces would be available for guest use as well. The 298 parking spots are well above the 231 parking spaces required based on the State Density Bonus Law.

Transportation Demand Management (TDM)
The project also will include a robust Transportation Demand Management (TDM) Plan that would result in a substantial decrease in the number of trips generated and parking demand compared to typical projects of this use and size.

Architectural Design
In keeping with the context and the prevalent architectural vocabulary of the town, the project design utilizes a traditional style and details. It employs changes in materials, varied roof forms and lines, and articulation of planes and massing to convey an enduring design quality that is appropriate in scale, mass, and character. The project is designed to respond to the site's location by breaking down the massing of the proposed building into smaller elements that relate to the surrounding uses and varied project frontages while incorporating pedestrian-scale amenities and design elements. The project also proposes a cohesive pedestrian circulation pattern on this block to promote connectivity and pedestrian safety in the area.

Sidewalk, Landscaping, and Street Tree Improvements
The project’s landscaping will include significant green space, around 200 new trees, and gathering spaces. On the northern end of the property, a community open space will be provided for people and pets to gather. There are also areas for walking between homes that will be landscaped with trees and shrubs and offer room for our public art installation.

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This firm represents Urban Catalyst (the “Applicant”) in connection with its application for construction of a “housing development project” pursuant to the Housing Crisis Act of 2019 (“SB 330”) and the Housing Accountability (the “HAA”)1 including the “Builder’s Remedy” provision, on the property on Oka Road with APNs 424-08-035 and 424-08-074 (the “Property”) in the Town of Los Gatos (the “Town”), California. The project consists of 138 townhomes including 28 low income units (the “Project”). The Applicant is seeking Architecture and Site Approval and a Conditional Use Permit (“CUP”).2
The Applicant is in receipt of the Town’s June 4, 2025 comments for the Applicant’s consideration.

The enclosed responses and supplemental/revised materials are submitted in response to the Town’s comments.

The letter also serves as the Applicant’s “Letter of Justification” pursuant to the Town’s “Development Review Application Package” checklist and the further scope requested in the Town’s February 26, 2025 and June 4, 2025 comments.
1 As explained in previous communication, the Project is proposed under the “Builder’s Remedy” provision of the HAA. Gov. Code § 65589.5(d)(5). Further, the Property is a housing inventory site in the Town’s Housing Element, in the “Lark Avenue Area” (See Housing Element Appendix D, Figure D-30), for which “by right” approval is required for a development containing at least 20% lower income units, because the Property was included in the previous Housing Element cycle but was not developed during that cycle. Id., page D-43; Gov. Code Section 65583.2. 2 While the Applicant has agreed to apply for a CUP at the Town’s request to allow increased density, it remains the Applicant’s position that the Applicant is not legally required to seek this approval due to the applicability of the “Builder’s Remedy.” The Town is prohibited from denying the Project for noncompliance with maximum density standards.

EXHIBIT 6

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August 15, 2025

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Justification Letter3
Evolution of the Project
We note that as explained above and in more detail in our previous communication, the Project is not required to and therefore has not been designed to comply with certain aspects of the General Plan land use designation. To the extent that the Town’s General Plan contains other legally applicable, objective and mandatory requirements, the Project has been designed to comply. The Project’s evolution is also addressed above – the Applicant submitted an SB 330 preliminary application on May 2, 2024, submitted its first formal application for the Project on September 13, 2024, consistent with the HAA and the “Builder’s Remedy” specifically. The Applicant received and responded to the Town’s October 8, 2024 Incompleteness Letter, and received a completeness determination on November 20, 2024. The Applicant responded to further comments provided on February 26, 2025, and is now responding to further comments received on June 4, 2025. Please also see the enclosed Project Description and Plan Set for further Project information.

Required Findings
With regard to required findings, the Applicant is seeking approval of an Architecture and Site Approval entitlement for the Project. As described in the Town’s code, the purpose of Architecture and Site Approval is to regulate the height, width, shape, proportion, siting, exterior construction and design of buildings to ensure that they are architecturally compatible with their surroundings.

Section 29.20.150 of the Town Code lists the matters that the Town must consider when reviewing applications for Architecture and Site Approval. Section 29.20.150 does not specify objective standards for residential projects, but the Applicant has filled out the enclosed Objective Design Standards chart to help substantiate the Town’s ability to make the required findings.

We further note here that with regard to “traffic safety and traffic congestion,” the Project has been designed to meet all traffic safety requirements, and will include a robust Transportation Demand Management program to address congestion. With regard to “outdoor advertising,” the Project does not currently contemplate any, but may seek to in the future. With regard to “landscaping,” the project has been designed to comply with all relevant requirements, except to the extent permitted by law, see above. The project’s landscaping will include significant green space, around 200 new trees, and gathering spaces. With regard to “site layout” and the “exterior architectural design of buildings and structures,” on the northern end of the property, a community open space will be provided for people and pets to gather. There are also areas for walking between homes that will be landscaped with trees and shrubs and offer room for our public art installation. The project design utilizes a traditional style and details, while also incorporating materials to convey 3 While the Applicant has removed the “State Density Bonus Law application section of this letter, it remains our position that the Applicant qualifies despite the Town’s disagreement, but that the Town is also able to make findings to approve the Project even without the State Density Bonus Law, and without in any way abandoning the Applicant’s assertions about the effect of the Builder’s Remedy. The Applicant has not in any way abandoned its argument that the State Density Bonus Law applies.

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August 15, 2025

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an enduring design quality and provide for a building design in context with the surrounding buildings in the project area.

The project is designed to respond to the site location, by breaking down the massing of the proposed building into smaller elements that relate to the surrounding uses and varied project frontages, while incorporating pedestrian scale amenities and design elements. The project also proposes a cohesive pedestrian circulation pattern on this block further to promote connectivity and pedestrian safety in the project area. With regard to “lighting and street furniture,” the Project has been designed to comply with all applicable requirements. With regard to “access for physically disabled persons,” the Project has been designed to comply with all applicable requirements. With regard to “the location of a hazardous waste management facility,” the Property is not located within 500 feet of such facility, and the Project does not propose any such facility.

The Project is also seeking a Conditional Use Permit (“CUP”).4 While the Project is not required to be consistent with the Town’s CUP findings in order to be approved (the Town must approve the Project pursuant to the HAA), the Applicant does feel that the Town can make the CUP findings. Further, addressing the state’s housing crisis and providing both market rate and 20% affordable housing units to the Town, are essential functions of the Project, and therefore desirable and do further the public welfare. With regard to the Project’s impact on the integrity and character of the zoning district, we note that the Project is being approved pursuant to a time-limited provision of the HAA that only applies when a jurisdiction is out of compliance with Housing Element Law, known as the Builder’s Remedy. Accordingly, the Project’s approval at a higher density than would otherwise be allowed in the district, will have no impact on other sites in the zoning district, or the integrity of the district as a whole. Further, the property is zoned for housing, and in the Applicant’s opinion an increase in density is not a negative impact on character or integrity. Further, there is no evidence that the Project will cause negative impacts to public health, safety, or general welfare. Rather, the Project is meeting an important goal to provide housing to help address a statewide crisis, and will assist in the Town in meeting its RHNA targets. Further, the Project will be required to comply with all mandatory, objective health and safety standards per the HAA. With regard to “harmony with the various elements or objectives of the General Plan and the purposes of [the Zoning] Ordinance,” while the Project has not been designed to comply in all respects with the General Plan and the Zoning Ordinance due to the applicability of the Builder’s Remedy, it does many requirements of the Zoning Ordinance, and provides high quality housing in an appropriate location, in close proximity to a variety of other uses that further the community’s ability to shop, work, and recreate close to where they live. The General Plan and the Zoning Ordinance have long planned for housing in this location, which the Project provides. 4 While the Applicant has agreed to apply for a CUP at the Town’s request to allow increased density, it remains the Applicant’s position that the Applicant is not legally required to seek this approval due to the applicability of the “Builder’s Remedy.” The Town is prohibited from denying the Project for noncompliance with maximum density standards.

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August 15, 2025

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Deviations from City Standards
Reference Regulation/Standard Applicant’s Justification General Plan Land Use Element
2020 General Plan
Land Use Element
General Plan
Amendment
General Plan
Amendment
Public
Low Residential
The Project is not required to comply with the
density limit of the General Plan’s land use
designation, due to the applicability of the
Builder’s Remedy provision of the HAA. The
Project’s use (housing) is consistent with the
General Plan.

Zoning
Rezone R1:8
R-1:8/HEOZ
The Project is not required to comply with the
Zoning Code, due to the applicability of the
Builder’s Remedy provision of the HAA.

Town Zoning Code

29.80.510 (b)
R-1:8: HEOZ - Maximum
Density/Total Units 0-5
du/acre, 33 units max.

The project proposes a density of
approximately 20.35 du/acre. The Project is
not required to comply with the density limit
of the Zoning Code, due to the applicability
of the Builder’s Remedy provision of the
HAA. The Project’s use (housing) is
consistent with the Zoning Code.

29.40.405 (a) and

29.80.510 (b)
Setbacks
Front: 25 ft.

Sides: 8 ft.

Rear 20 ft.

The Project is not required to comply with the
Zoning Code, due to the applicability of the
Builder’s Remedy provision of the HAA. The
Project complies with side setbacks for
overall existing lot. Enforcement of the front
and rear setbacks require an additional 21’
beyond the setbacks currently proposed,
which would result in the loss of a row of
buildings, or 23 units.

Setbacks
Front: 8.5 feet min
Sides: 45.3 feet min
Rear: 15.2 feet min

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29.40.410 and

29.80.510 (b)
Maximum
allowable
height 30 feet
max.

The project proposes a maximum height of
43'- 3 1/8". The Project is not required to
comply with the Zoning Code, due to the
applicability of the Builder’s Remedy
provision of the HAA. Compliance with
the required height would cause the direct
loss of many units' top floors and therefore
drastically change the projects’ makeup
and density.

29.10.150 (c) (1)
Total Parking Spaces
2 parking spaces per unit = 276
minimum
Total Parking Spaces
2 parking spaces per unit = 276 minimum.

Trash/recycling and bike parking are not
counted toward a parking space.

The Project is not required to comply with
the Zoning Code, due to the applicability of
the Builder’s Remedy provision of the
HAA. Providing side-by-side parking
instead of tandem parking would require
each of the current tandem units to grow by
additional 10’ in width. This would result in
a loss of approximately 36 units.

29.10.150 (c)
Visitor Parking Spaces
1 parking space per unit= 138
minimum
Visitor Parking Spaces = 20. The Project
is not required to comply with the Zoning
Code, due to the applicability of the
Builder’s Remedy provision of the HAA.

Additionally, 138 visitor parking spaces at

8.5 x18’ would take up a minimum of
21,114 SF (excluding any necessary drive
aisles), which would eliminate a minimum
of four buildings, or 28 units.

Town’s BMP
Program
See body of this letter, below.

Objective Design Standards
A.2 Site Standards ODS
A.2.1 ODS
Short-term bicycle parking space
shall be located within 50 feet of the
primary pedestrian building entrance.

We understand the Town’s Objective
Design Standards to be have been
adopted pursuant to the Town’s Zoning
Ordinance, and to function as zoning in

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A.2.2 ODS
Short-term bicycle parking shall be
provided at a rate of one space per
dwelling unit and one space
per 2,000 square feet of non-residential
floor area.
that they impose specific design
standards on development proposals.

Accordingly, the Project is not required
to comply with this requirement due to
the applicability of the Builder’s
Remedy provision of the HAA.

The project does not provide any shortterm bicycle parking spaces within 50 feet of the primary pedestrian building
entrance. Providing 138 bike spaces
(and meeting all of the other short-term
bike related requirements associated
with those spaces and identified at left)
would require a minimum of 1932sf
(138 x 7' x 2') of land area to be
dedicated to bike parking which would
decrease the developable area, thus
negatively affecting the Project’s
density.

A.2.3 ODS
Each short-term bicycle parking
space shall be a minimum of seven
feet in length and two feet in width.

A.2.4 ODS
If more than 20-short term bicycle
spaces are provided, at least 50 percent
of the spaces shall be covered by a
permanent solid-roofed weather
protection structure.

A.7 Utilities
A.7.1 ODS
Pedestrian-oriented lighting shall be
provided along all pedestrian paths
in community recreation spaces.

Exterior lighting fixtures shall be a
minimum of three feet and a
maximum of 12 feet in height. Light
fixtures shall be placed along the
pedestrian path at a spacing of no
more than 30 linear feet.

Lights are 12’ tall. Lights are placed along
pedestrian path at a spacing of a maximum
of 90 linear feet. Placing the lights a
minimum of 30’ apart would provide over 3
times the recommended light levels for
pedestrian paths. We understand the Town’s
Objective Design Standards to be have been
adopted pursuant to the Town’s Zoning
Ordinance, and to function as zoning in that
they impose specific design standards on
development proposals. Accordingly, the
Project is not required to comply with this
requirement due to the applicability of the
Builder’s Remedy provision of the HAA.

A.8 Landscape and Screening

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A.8.2 ODS
A minimum 10-foot-wide landscape
buffer shall be provided along the full
length of the shared property line
between multi-family or Residential
Mixed- Use development and abutting
residential properties. The buffer shall
include the following:
a. A solid masonry wall with a sixfoot height, except within a streetfacing setback where walls are not permitted; and
b. Trees planted at a rate of at least
one tree per 30 linear feet along the
shared property line. Tree species
shall be selected from the Town of
Los Gatos Master Street Tree List
and shall be a
minimum 15-gallon size.

We understand the Town’s Objective
Design Standards to be have been adopted
pursuant to the Town’s Zoning Ordinance,
and to function as zoning in that they
impose specific design standards on
development proposals. Accordingly, the
Project is not required to comply with this
requirement due to the applicability of the
Builder’s Remedy provision of the HAA
The project proposes 5' landscape buffer,
with additional buffer provided by the
private street, parking areas and sidewalks.

Buildings are located a minimum of 45'
from the shared property line. Increasing
the landscape buffer to 10' would result in
the loss of 4 units (one each in lot 1, 6, 9 a
minimum 15-gallon size. and 12).
a. A 6 ft. solid masonry wall will be
constructed along the north-east property
boundary. See Sheet C3.0 and Sheet L4.
b. Trees are planted at a rate of at least one
tree per 30 linear feet along shared
property line. Trees species was selected
from Town of Los Gatos Master Street
Tree List and is Ginkgo Biloba (Princeton
Centry). They are a minimum of 15-
gallon size. See Sheet L.5.

A.11 Landscaped, Private and Community Recreation Spaces A.11.b ODS
Private recreation space: The
minimum horizontal dimension is six
feet in any direction and a minimum
area of 60 square feet. The minimum
vertical clearance required is eight
feet. Private recreation space shall be
directly accessible from the
residential unit. Landscaped sections
of private recreation space shall not
count towards required landscaping
requirements.

We understand the Town’s Objective
Design Standards to be have been adopted
pursuant to the Town’s Zoning Ordinance,
and to function as zoning in that they impose
specific design standards on development
proposals. Accordingly, the Project is not
required to comply with this requirement
due to the applicability of the Builder’s
Remedy provision of the HAA.

The project does provide private ground
floor open space ranging from 75 sf to over
200 sf. Refer to Sheet A.33. dimension of
10'. For all the units to meet this
requirement, the buildings would have to be
setback further away from the rear and front

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August 15, 2025

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#525910363_v1
property lines and also have a greater
spacing when fronting each other. Increasing
the setbacks and spacing would result in the
loss of 30 units.

We understand the Town’s Objective
Design Standards to be have been adopted
pursuant to the Town’s Zoning Ordinance,
and to function as zoning in that they impose
specific design standards on development
proposals. Accordingly, the Project is not
required to comply with this requirement
due to the applicability of the Builder’s
Remedy provision of the HAA.

See below for square footage for each
category. The code requires 120 sf of
space with a minimum dimension of
10’. For all units to meet this
requirement, the buildings would have
to be set back further away from the rear
and front property lines and also have
greater spacing when fronting each
other.

Each ground floor dwelling unit shall
have a minimum of 120 square feet of
usable private recreation space.

Increasing the setbacks and spacing would
result in the loss of 30 units, in violation of
the HAA. The project does provide private
ground floor open space range from 75 sf to
over 200 sf. Refer to sheet A.33.

B.1 Massing and Scale - ODS
B.1.2
Upper floors above two stories shall be
set back by a minimum of five feet
from the ground-floor façade.

The project does provide
for articulation and some setbacks. The
project does not comply with setting back
the 3rd floor of all the buildings since this
would result in the loss of 138 units and
would prohibit the project to be
constructed at the density and with the

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August 15, 2025

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concessions requested. Refer to Sheet
A.30 for exhibit.

Compliance With the Town BMR Program
With regard to compliance with the Town’s BMR Program (the “BMP”), the Project is not required to comply. The Town’s BMP is “governed by Division 6 of Article VIII of Chapter 29 of the Town Code,” and the Town is therefore prohibited from denying the Project notwithstanding any noncompliance with the BMP due to the Builder’s Remedy provision of the HAA. The Project complies with the HAA’s requirement for at least 20% of the units to be affordable. The Project includes 138 townhomes including 28 affordable units which would be limited to the maximum income level for “low income” units pursuant to the HAA. The BMR units are in the following locations marked with asterisks (*), as also shown in the Plan Set on Sheet A.3:

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August 15, 2025

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Consistent with the Builder’s Remedy provision of the HAA, the Applicant has selected BMR units that ensure the feasibility of the Project, while not complying in all respects with the Town’s BMR Guidelines. In particular, the Project differs from the Guidelines in the following ways:
 The Project’s affordable units consist of 2 bedroom, 2 bath units, which conflicts with BMP Guidelines III.A.
 The Project proposes units that are affordable at up to the maximum for a “low income” unit as defined by state law, and proposes not to comply with any inconsistent requirements in BMP Guidelines V.B.

We appreciate your continued attention to this Project.

Sincerely,

HOLLAND & KNIGHT LLP
Genna Yarkin

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EXHIBIT 7

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January 16, 2025
Ms. Erin Walters
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
RE: 14789 Oka Road
Dear Erin:

I reviewed the drawings, and evaluated the site context. My comments and recommendations are as follows:

NEIGHBORHOOD CONTEXT
The site is located in a mixed use neighborhood of residential, office, recreational facility and agricultural uses.

It has been used as an orchard. Photographs of the site and its surrounding context are shown on the following page.

EXHIBIT 8

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ITEM NO. 1.
14789 Oka Road
Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE
The Site: Street looking south
Office project to the immediate left Residential neighborhood to the immediate right Vacant parcel across Oka Road Nearby house to the right on Oka Road The Site: Street looking north

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Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE

PROPOSED PROJECT

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CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE

PROPOSED PROJECT

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January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE

PROPOSED PROJECT

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Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE

PROPOSED PROJECT

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January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE

PROPOSED PROJECT

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Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE

ISSUES AND CONCERNS

OVERVIEW
The Town of Los Gatos has grown incrementally over many decades with a strong self-sense of its small scale and small town feeling and reputation. While trends and family needs have changed over time, the town has always emphasized small scale, well landscaped and architecturally detailed design and neighborhood compatibility as core principles in guiding its growth. As a result the Town of Los Gatos has maintained qualities highly prized by families seeking homes in the South Bay and sales prices have reflected that desirability. To maintain those special qualities that have defined the community, the town over time has prepared a variety of standards and guidelines to set forth community expectations and provide guidance to applicants for design in the spirit of those expectations.

CHALLENGES
While this proposed project will provide much needed housing in the community, it has many conditions and features that are inconsistent with the current town character and scale.

In recent years, as residential development in the community has expanded to include more multifamily developments, many applicants have worked with the town to modestly adjust their designs to be more in alignment with the scale and qualities that have made the Town of Los Gatos uniquely special and attractive.

The material below outlines some of the concerns with the proposed design as it has been presented along with modest solutions and techniques used in similar developments in Los Gatos and other nearby communities to address similar issues.

AREAS OF CONCERN
The adjacent illustration groups the areas of concerns on the proposed site plan.

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Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE
AREA A: STREET FRONTAGE
ISSUES
Overall, the Oka Road frontage is very repetitious with small setbacks, limited landscaping and architectural detail, long facades, uniform heights and diminished entry delineation and character.

1. The setbacks from Oka Road are quite small.

2. Frontage landscaping appears limited to street trees.

3. The residential facades facing Oka Road are quite repetitive with little individual unit identity.

4. Residential entries are all rather bland and lacking in any individual identity..

5. Recessed entries appear to each contain a rectangular box element which I assume is the HVAC air conditioning condenser equipment.

Oka Road Frontage Elevation
Oka Road Frontage Elevation
Left: 8-Plex A
Oka Road Frontage Elevation
Middle: 8-Plex B
Oka Road Frontage Elevation
Right: 7-Plex A

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Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE

LOS GATOS AND SIMILAR PROJECT EXAMPLES
Front Entry Patios and Gardens
Change in Unit Type Along Frontage
Arbor Rose: San Mateo Arbor Rose Street Frontage: San Mateo San Mateo
Los Gatos Los Gatos
San Mateo Rivermark: San Carlos
San Mateo

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ITEM NO. 1.
14789 Oka Road
Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE
Varied Facade Articulation and Prominent Entry Porches

TAKEAWAYS
• Unified front patios and yard landscaping can add rich color, visual interest and individual unit identity to street frontages.
• Porches can add a stronger sense of residential unit entries and individuality. • Air conditioning condensers at front entries are undesirable. • Strong projecting overhangs and balconies can add a sense of human scale to the street frontage facade.
• End units step down can add variety and better human scale.

Street Frontage Step Downs
Cupertino
North 40 Phase 1: Los Gatos
North 40 Phase 1: Los Gatos

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14789 Oka Road
Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE
AREA B: END UNIT DESIGN
ISSUES

1. The end elevations along the side access drives and the north-south pedestrian paseos are quite repetitive.

2. Many end walls are an unbroken three stories tall which has always been discouraged in the town’s various design guidelines.

3. There is no variations in setbacks or building heights which leads to a box-like project look which is at variance with community expectations.

LOS GATOS AND SIMILAR PROJECT EXAMPLES
End Elevation Entries
San Mateo: Arbor Rose San Mateo: Arbor Rose
End Elevations: East Access Drive
7-Plex A 7-Plex B

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14789 Oka Road
Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE
End Elevation Porch And Balcony Wrap
End Elevation Private Open Space
End Elevation Step Downs
Los Gatos
Cupertino
North 40: Los Gatos
Rivermark: Santa Clara
North 40 Phase 1: Los Gatos
End Elevation Integration with Front Elevation

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14789 Oka Road
Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE

TAKEAWAYS
• Locating entries on the end elevations can enhance the streetscape and enliven that sense of entry for visitors.
• Extending front elevation elements and features around onto end elevations can enhance the residential character and scale of the structure. • Better integration of end elevations with front elevations can provide a more unified design. • Reducing building height on end elevations can reduce the appearance of a “project” and enhance the individuality of the structures.
• Fencing and substantial landscaping at end elevations can provide a visual step up in building mass.

AREA C: PEDESTRIAN ENTRY PASSAGEWAYS
ISSUES

1. The pedestrian passageways linking
unit entries to the guest parking
driveways seem adequate in width
but details on how the spaces between buildings is not yet adequate to understand the intent and scale
of these important areas.

2. The significant issues would appear
to be the sameness and flatness of
the facing facades and the non-distinctive recessed unit entries seem like a lost opportunity to provide
visual interest along the roughly
475 feet combined facade frontages.

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ITEM NO. 1.
14789 Oka Road
Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE
One way to assess this long frontage is to compare it to a similar length three structure frontage in the recently completed North 40 Phase 1,
The proposed project frontage is much flatter, more repetitious and lacking in unit entry interest than that of the similar frontages on North 40.

LOS GATOS AND SIMILAR PROJECT EXAMPLES
North 40 Phase 1 End Structures

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14789 Oka Road
Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE

TAKEAWAYS
• Facade variety adds visual richness and a sense of home individuality. • Facade articulation through horizontal plane offsets enhances a sense of individual homes. • Projecting porches enhances a sense of individual home entries.

AREA D: PEDESTRIAN PASEOS
ISSUES

1. The pedestrian paseos are typical and appear to include passive activities along their length. However, the adjacent side elevations, like the front and rear elevations, are very repetitive.

2. The adjacent building elevations have three story tall unbroken walls along a significant portion of their length which is a condition that has been strongly discouraged in the town’s Residential Design Guidelines.

LOS GATOS AND SIMILAR PROJECT EXAMPLES

TAKEAWAYS
• More facade variety and human scale element along paseos can increase the sense of neighborhood. • Having more of the common open space closer to the units are often very desirable.

Paseo Corner Porches
Periodic trellises to break up vistas Wider paseo to bring common open space

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14789 Oka Road
Design Review Comments
January 16, 2025
CANNON DESIGN GROUP 6729 FAIRFIELD DRIVE
AREA E: NORTH EDGE PEDESTRIAN ENTRY FRONTAGE
ISSUES

1. The Los Gatos Trail frontage is as important in relating to the wider community as the Oka Road frontage. The issues are the same with the added likelihood of the trail frontage being even more pedestrian and bike oriented.

AREA F: COMMON AREA
ISSUES

1. The Common Area is located at the far extremity of the project which may not serve the residents as well as one more centrally located. It will however, being located immediately adjacent to the Los Gatos Creek trail, potentially serve a broader swath of the Los Gatos community. This mix of users may not be the most advantageous for the residents of this community.

AREA G: RESIDENTIAL BUILDINGS DESIGN
ISSUES

1. The 138 building facades, front, rear and end, throughout the project are highly repetitive and not indicative of the norm of more variety and individuality in Los Gatos. While there are two styles for the 7-Plex and 8-Plex structures, the difference between the 7 and 8-Plex facades would be perceived as essentially the same.

2. There are a number of three story tall unbroken facades which would not be consistent with the community expectations as reflected in the town’s Residential Design Guidelines.

3. There are a number of locations on the facades where material and color changes are made in the same plane which would not be consistent with the community expectations as reflected in the town’s Residential Design Guidelines.

RECOMMENDATIONS

1. Staff should encourage the applicant refine their current design to incorporate more of the features illustrated in the past similar development examples above to better customize the project design to the character, scale and community expectations of Los Gatos.

2. Some suggestions would include:
• Provide more building facade elevation variety.
• Provide more individualized unit entry gardens and porches. • Enhance the two entry drives with facing project entries and balconies. • Break up three story walls.
• Explore lowering the height of end units to improve the entry drive and interior paseos scale. • Eliminate material and color changes in the same plane. • Explore bringing more of the Common Open Space into a centralized location. • Improve the Paseos by breaking up long vistas with landscaping and trellises. • Enhance the 475 feet long auto courts with more landscaping, facade variety and articulation. • Relocate the utility equipment at the front entries.
• Upgrade fencing (e.g., Laurel Mews).

CANNON DESIGN GROUP
Larry L. Cannon

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UC Oka Road, LLC
99 S Almaden Blvd Suite 500
San Jose, CA 95113
RE: Architecture Peer Review From CDG
14789 Oka Road
APN: 424-08-035, 424-08-074
The recommendations provided by Cannon Design Group’s Larry Cannon on January 16, 2025 regarding the Oka Road townhome project were the following:

RECOMMENDATIONS

1. Staff should encourage the applicant to refine their current design to incorporate more of the features illustrated in the past similar development examples above to better customize the project design to the character, scale, and community expectations of Los Gatos.

Response: Noted by the applicant

2. Some suggestions would include:
● Provide more building facade elevation variety. Suggestion noted. ● Provide more individualized unit entry gardens and porches. Suggestion noted. ● Enhance the two entry drives with facing project entries and balconies. Suggestion noted. ● Break up three-story walls. Suggestion noted.
● Explore lowering the height of end units to improve the entry drive and interior paseos scale. Suggestion noted.
● Eliminate material and color changes in the same plane. Suggestion noted. ● Explore bringing more of the Common Open Space into a centralized location.

Suggestion noted.
● Improve the Paseos by breaking up long vistas with landscaping and trellises. Suggestion noted.
● Enhance the 475-foot-long auto courts with more landscaping, facade variety and articulation. Suggestion noted.
● Relocate the utility equipment at the front entries. Suggestion noted. ● Upgrade fencing (e.g., Laurel Mews). Suggestion noted.

We understand the Town’s Objective Design Standards to be adopted pursuant to the Town’s Zoning Ordinance, and to function as zoning in that they impose specific design standards on development proposals. Accordingly, the Project is not required to comply with this requirement due to the applicability of the Builder’s Remedy provision of the HAA. Mandatory objective design requirements are all that can be required.

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Oka Road, Los Gatos CA
Arborist Report 2024
Prepared For:

UC Oka Road LLC
Site: Oka Rd,
Los Gatos, CA
Submitted by:

David Beckham
Certified Arborist
WE#10724A
TRAQ Qualified
EXHIBIT 10

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Arborist Report & Tree Protection Plan
Date: June 28, 2024
Attn: UC Oka Road LLC
Attn: Erik Hayden & Joshua Burroughs
99 S. Almaden, Suite 500
San Jose, CA, 95113
Phone: 408-624-5423
Site: Oka Rd, Los Gatos
Subject: Tree protection plan for Oka Rd, Los Gatos
Dear UC Oka Road LLC,

INTRODUCTION AND OVERVIEW
Kielty Arborists Services LLC visited the property at Oka Rd on June 25, 2024, to evaluate the trees present with respect to the proposed construction project. The report below contains the analysis of the site visit conducted on June 25, 2024. UC Oka Road LLC is planning to build 126 multi-family residential units in 18 attached townhome Buildings at Oka Rd. The current site consisted of an old Walnut orchard. The findings and recommendations presented in this report are based on the SB330 preliminary application dated 4/18/24 titled "Oka Rd, Los Gatos" by HMH. These plans were electronically provided to us via email. By thoroughly analyzing these plans in conjunction with our field observations, we have developed an accurate and reliable assessment of the tree conditions and how best to mitigate potential impacts.

Showing existing walnut orchard
376 trees were surveyed for writing this report. 4 trees are protected (#17, 64, 374*, and 375). One of the protected trees is considered a “Large Protected Tree” (#375). One of the protected trees is a neighboring tree (#374*)
Data Summary:

Total Trees Protected Trees Large Protected Trees
376 3 1
*Tree #253a was originally missed and added at the time of the survey visit on June 25, making the total tree # at 376.

All of the trees on the lot (375 trees) are proposed for removal, as they are in decline or conflict with proposed project features. Neighboring mulberry tree #374 is to be retained and should be retained and protected as detailed in the recommendations below. With proper protection and cultural practices, all retained trees are expected to survive and thrive during and after construction.

Kielty Arborist Services LLC - P.O. BOX 6187 San Mateo, Ca 94403 - 650-532-4418 - www.KieltyArborist.com 1

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ASSIGNMENT
At the request of UC Oka Road LLC, Kielty Arborists Services LLC conducted a site visit on June 25, 2024 to prepare a comprehensive Tree Inventory Report/Tree Protection Plan for the proposed construction project. This report is a requirement when submitting plans to the town of Los Gatos. The analysis in this report is based on the plans received from HMH dated April 18, 2024.

The primary focus of this report is as follows:
● Identification and assessment of trees on the construction site that may be affected by the proposed development. ● Determination of potential impacts on tree health and stability, considering factors such as root damage and crown damage.
● Provision of recommendations for tree protection and preservation measures during the construction process to mitigate potential impacts.
● Ensuring compliance with local regulations pertaining to tree preservation, protection, and removal within the construction plans.

Please note that the report will provide specific details regarding tree assessments, impacts, and preservation measures.

The town of Los Gatos requires the following tree-reporting elements for development projects:

1. Map of tree locations.

2. Tree protection or removal recommendations for all protected trees.

3. Tree Protect Plan for all protected trees.

LIMITS OF THE ASSIGNMENT
As part of this assessment, it is important to note that Kielty Arborists Services LLC did not conduct an aerial inspection of the upper crown, a detailed root crown inspection, or a plant tissue analysis on the subject trees. Therefore, the information presented in this report does not include data obtained from these specific methods.

Furthermore, it is essential to clarify that no tree risk assessments were completed as part of this report unless stated otherwise. The focus of this assessment primarily centers on tree identification, general health evaluation, and the potential impacts of the proposed construction.

While the absence of these specific assessments limits the scope of the analysis, the findings and recommendations provided within this report are based on available information and observations made during the site visit.

METHOD OF INSPECTION
The inspections were conducted from the ground without climbing the trees. No tissue samples or root crown inspections were performed. The trees under consideration were identified based on the provided site plan. To assess the trees, their diameter at 54 inches above ground level (DBH or diameter at breast height) was measured using a D-Tape. For the surveying of multi-trunk trees, our methodology aligns with town ordinances. In cases where the town does not offer specific guidelines for measuring multi-trunk trees, we adhere to the standards outlined in the "Guide for Plant Appraisal, 10th Edition, Second Printing" by the Council of Tree and Landscape Appraisers. Additionally, the protected trees were evaluated for their health, structure, form, and suitability for preservation with the following explanation of the ratings:

Kielty Arborist Services LLC - P.O. BOX 6187 San Mateo, Ca 94403 - 650-532-4418 - www.KieltyArborist.com 2

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EVALUATION FIELDS
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* - Indicates a neighboring tree
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OBSERVATIONS
Species List:

Condition ratings and frequency of occurrence of trees at Oka Rd.

Common Name Scientific Name
Condition
Total
Poor Fair Good
Coast live oak Quercus agrifolia 1 1
English walnut Juglans regia 22 22 330 374
Mulberry Morus alba 1 1
Total 22 23 331 376
Trees Proposed For Removal:
375 trees are proposed for removal. Three of the trees that are proposed for removal are protected (#17, 64, 375). Coast live oak #375 to be removed is a “large protected tree” .

Total Removed Trees Protected Trees Large Protected Trees 375 2 1
Protected trees to be removed:

Tree Tag #375: Coast Live Oak (Quercus agrifolia)
This Large Protected tree, with a trunk diameter of 32 inches, stands 40 feet tall with a canopy spread of 50 feet. It is codominant at 10 feet with fair attachments and is situated 10 feet from the road. The tree has a dense canopy with heavy limbs and crown reduction pruning is recommended. This tree is within the footprint of the proposed construction area, making its removal necessary to facilitate the building project. Removal is recommended to prevent any risk to nearby infrastructure and to comply with safety standards outlined in the town ordinances, ensuring the construction can proceed safely and without obstructions. If the tree were to be retained, a construction off set distance of 26.6’ from the tree (10x diameter) would be needed.

This would make a new sidewalk impossible to build an likely would result in the loss of a unit. The proposed large protected tree removal matches the following criteria as noted in the town’s ordinance: (1) The condition of the tree or trees with respect to:
(a) disease, (b) imminent danger of falling, (c) structural failure, (d) proximity to existing or proposed structures, (e) structural damage to a building, or (f) a public nuisance caused by a tree.

The International Society of Arboriculture (ISA) Best
Management Practices for Tree Risk Assessment shall be used where appropriate in determining a Tree Risk Rating. (4)The Kielty Arborist Services LLC - P.O. BOX 6187 San Mateo, Ca 94403 - 650-532-4418 - www.KieltyArborist.com 21

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retention of the tree restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly situated properties, and the applicant has demonstrated to the satisfaction of the Director or deciding body that there are no reasonable alternatives to preserve the tree.

Tree Tag #17: English Walnut (Juglans regia)
This protected tree, with multiple trunks measuring 8, 4.8, and 7.2 inches in diameter, reaches a height of 20 feet with a canopy spread of 15 feet. Although it is well-maintained for walnut production, the orchard tree's proximity to proposed construction activities necessitates its removal. This action aligns with town ordinances to ensure safety and prevent any interference with construction work. Replacement with suitable species is planned as per the town's guidelines.

Tree Tag #64: English Walnut (Juglans regia)
This tree, with an 18.3-inch trunk diameter, stands 16 feet tall with a canopy spread of 16 feet. It is in severe decline with poor vigor, abundant dead wood, and a history of limb loss. Rated poor in health, structure, and form, the tree's removal is critical to prevent any potential hazards. This action complies with town ordinances for removing trees that pose a danger due to poor health and structural integrity. The replacement will follow the town's regulations to restore the ecological balance.

Non-Protected Trees to be Removed:

The 374 non-protected English Walnut trees (Juglans regia) listed in the inventory are to be removed. These trees, varying in trunk diameters from 1 to 16.1 inches and heights from 5 to 20 feet, are all maintained for walnut production within an orchard setting. Most of these trees are in fair to good health and structure, with a few in poor condition or already dead.

The young orchard trees, recently planted, need to be removed to optimize space within the orchard and ensure better management practices. According to town ordinances, a permit is not required for the removal of fruit or nut trees with diameters less than 18 inches. Therefore, all these English Walnut trees qualify for removal under this exemption. Their removal is essential for effective orchard management and does not necessitate any special permits or additional approvals from the town. This bulk removal will facilitate the overall health and productivity of the orchard.

Replacement Tree Plan:

To comply with the town ordinances and ensure the continued ecological balance and aesthetic value of the area, we propose a comprehensive replacement plan for the three protected trees being removed. The plan includes the planting of suitable native species that align with the town's guidelines for tree replacement.

Tree Tag #375: Coast Live Oak (Quercus agrifolia)
Replacement Plan: This tree will be replaced with six (6) 24-inch box Coast Live Oaks (Quercus agrifolia). These trees will be strategically planted within the property to ensure optimal growth conditions and to restore the ecological benefits provided by the removed tree. Each replacement tree will be placed in locations that will not interfere with existing infrastructure or future construction plans.

Tree Tag #17: English Walnut (Juglans regia)
Replacement Plan: This tree will be replaced with three (3) 24-inch box native shade trees, such as Valley Oaks (Quercus lobata) or California Sycamores (Platanus racemosa). These species are chosen for their suitability to the local climate and their ability to provide substantial ecological benefits. The trees will be planted in designated areas that allow for their full mature growth potential, ensuring they do not impede future development.

Tree Tag #64: English Walnut (Juglans regia)
Replacement Plan: This tree, which is in poor health, will be replaced with three (3) 24-inch box native trees, such as Black Walnuts (Juglans hindsii) or California Buckeyes (Aesculus californica). These replacements are selected to Kielty Arborist Services LLC - P.O. BOX 6187 San Mateo, Ca 94403 - 650-532-4418 - www.KieltyArborist.com 22

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enhance biodiversity and provide long-term benefits to the local environment. The planting locations will be chosen to maximize the trees' chances of thriving without conflicting with existing or planned structures.

Additional Details:
● Planting Schedule: All replacement trees will be planted within six months of the removal of the protected trees, preferably during the appropriate planting season to ensure high survival rates. ● Maintenance Plan: Newly planted trees will receive regular watering, mulching, and protection from pests. A certified arborist will monitor their health and provide necessary care during the first two years to ensure successful establishment.
● Reporting: Progress reports will be submitted to the town's Parks and Public Works Department at regular intervals, detailing the health and growth of the replacement trees. Photos and site inspections will accompany these reports to verify compliance with the replacement plan.

This replacement plan not only adheres to the town’s requirements but also contributes to the long-term sustainability and beauty of the urban forest, ensuring that the loss of mature trees is mitigated by the introduction of new, healthy ones.

Showing Los Gatos Replacement Guide

PROJECT PLAN REVIEW
Plan Review for Oak Rd, Los Gatos (Plans titled Oak Rd from HMH dated 4/18/2024) The plans for the Oak Rd site in Los Gatos propose the removal of all trees on-site, with only one neighboring tree, identified as tree #374*, potentially affected by the construction. However, this tree is located far enough from the proposed construction activities to remain unaffected. It will require Type 1 fencing for the project's duration, and no additional mitigation measures are necessary, ensuring that no other trees will be impacted by the proposed construction.

To minimize impacts when working within ten times the diameter of any preserved tree, it is crucial to follow specific excavation and root management practices. Excavation within the TPZ should be conducted by hand using tools such as an air knife, rotary hammer with clay spade attachment, or shovels, under the direct supervision of the Project Arborist.

All roots encountered that are 1.5 inches in diameter or larger should be retained for inspection by the Project Arborist.

After inspection, these roots should be cleanly cut using a hand saw or loppers. The cut ends on the tree side should be treated with a tree pruning sealer or grafting compound and covered with three layers of wetted-down burlap to prevent root desiccation. The burlap should be kept moist daily while exposed. Additionally, the area between the tree and the Kielty Arborist Services LLC - P.O. BOX 6187 San Mateo, Ca 94403 - 650-532-4418 - www.KieltyArborist.com 23

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foundation should be irrigated every other week during the dry season until the top foot of soil is saturated to mitigate minor impacts.

Prior to issuing associated demolition and building permits, a tree protection verification letter from the Project Arborist is required. This involves installing tree protection measures in compliance with the Arborist Report, followed by a visit from the Project Arborist to verify the measures, take photos, and prepare a verification letter for town Arborist review.

Following these guidelines and recommendations will minimize the impact on neighboring tree #374*, ensuring its health and longevity during and after the construction process on Oak Rd, Los Gatos.

TREE PROTECTION PLAN
Detailed Tree Protection Plan
For the aforementioned tree protection plan, this detailed guide has been designed by Kielty Arborists Services LLC. The following section offers an in-depth perspective on the recommended tree preservation guidelines. The aim is to ensure the conservation, vitality, and beauty of trees during construction and developmental endeavors, mitigating any potential detrimental effects. Adherence to these guidelines is essential to uphold both the ecological significance and visual allure of trees within the designated project vicinity. Effective tree protection during construction or development projects requires the use of fencing to demarcate and protect sensitive areas around trees. Should you have any questions or require further clarification, please contact Kielty Arborists Services directly.

Fencing Specifications:

The tree protection fencing should be established and maintained throughout the entire length of the project. It's essential that no equipment, materials, or debris are stored or cleaned inside these protection zones. The zones should remain free from human activity unless explicitly authorized. The choice of fencing type depends on the tree's location and the nature of the surrounding environment.

Type I Tree Protection:

Description: This is the most comprehensive form of tree protection fencing. It encompasses the full canopy dripline or Tree Protection Zone (TPZ) of trees designated for preservation.

Application: Typically used in areas where trees are a significant distance away from construction activity or when trees have a large canopy spread.

Specifications:

The fencing shall remain intact throughout the duration of the project or until activities within the TPZ are finalized. Tree protection fencing should be a 6-foot-tall metal chain link type supported by 2-inch thick diameter metal posts pounded into the ground to a depth of no less than 2 feet, ensuring stability even in challenging conditions. Poles should be spaced no more than 10 feet apart from center to center, providing a consistent and strong barrier. For trees near existing hardscapes or structures, tree protection fencing shall be placed as close as possible while still allowing access. Sensitive areas may require a landscape barrier if fencing needs to be reduced for access reasons. The location for tree protection fencing for the protected trees on site should be placed at 10x the tree diameters where possible (TPZ). All other non-protected trees are recommended to be protected by fencing placed at the drip line. No equipment or materials should be stored or cleaned inside protection zones. Signs should be placed on fencing signifying “Tree Protection Zone - Keep Out”. If fencing needs to be reduced for access or any other reasons, the non-protected areas must be protected by a landscape buffer. All tree protection and inspection schedule measures, design recommendations, watering, and construction schedules shall be implemented in full by the owner and contractor. Tree #374* is to be protected by Type I tree protection fencing.

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Type I Fencing
Landscape Barrier Zone
If for any reason a smaller tree protection zone is needed for access, a landscape buffer should be used, composed of wood chips layered to a depth of six inches, complemented by plywood atop the wood chips where tree protection fencing would typically be situated. The plywood should be ¾-inch thick for maximal durability and efficacy. This landscape buffer plays a crucial role in mitigating soil compaction within the tree's vulnerable root zone. For optimum stability, it is advisable to securely join the plywood boards, thus preventing any unwanted shifts in the plywood or underlying wood chips.

Landscape Barrier Zone
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TREE PROTECTION MAP - TYPE ONE FENCING IN PINK
Staging
All tree protection measures must be in place before the start of construction. An inspection prior to the start of construction is often required by the town. All vehicles must remain on paved surfaces if possible. Existing pavement should remain and should be used for staging. If vehicles are to stray from paved surfaces, 6 inches of chips shall be spread, and plywood laid over the mulch layer. This type of landscape buffer will help reduce the compaction of desired trees. Parking will not be allowed off the paved surfaces Root Cutting
If for any reason roots are to be cut, the work shall be monitored and documented. Large roots (over 2 inches in diameter) or large masses of roots to be cut must be inspected by the site arborist. The site arborist, at this time, may recommend irrigation or fertilization of the root zone. All roots needing to be cut should be cut clean with a saw or lopper. Roots to be left exposed for a period of time should be covered with layers of burlap and kept moist.

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Trenching/excavation
Trenching or excavation for irrigation, drainage, electrical, foundation, or any other reason shall be done by hand when inside the dripline of a protected tree. Hand digging and the careful placement of pipes below or besides protected roots will significantly reduce root loss, thus reducing trauma to the tree. All trenches shall be backfilled with native materials and compacted to near their original level, as soon as possible. Trenches to be left open for a period of time (24 hours), will require the covering of all exposed roots with burlap and be kept moist. The trenches will also need to be covered with plywood to help protect the exposed roots.

Grading
All existing grades underneath the dripline of a protected tree shall remain as is where possible. Grading within the dripline of a protected tree is required to be done under the supervision of the project arborist.

Irrigation
Non native trees- Irrigating the retained mature trees in the landscape is important to ensure their health and vitality.

Proper watering can help the trees continue to thrive. Deep irrigation is recommended to take place every other week during the dry season. During the dry season, trees typically need deep, infrequent watering. Watering every 2 weeks is sufficient for the retained trees on this site. Applying water slowly and consistently until it penetrates at least 12-18 inches into the soil is recommended. Avoid spraying water directly on the trunks, as this can lead to disease and decay. Mulch is recommended to be maintained with mulch added overtime as needed. Mulch helps retain soil moisture, regulates temperature, and prevents weeds, which can compete with the tree for water. The use of soaker hoses or an inline drip emitter system set up in a grid like manner to provide deep irrigation during the dry season is recommended. The irrigation system should be placed on top of grade and require no excavation. This will help to keep the trees healthy.

Native oak trees- Native oak trees are recommended to only be irrigated during the months of May and September or if their root zones are traumatized. Frequent irrigation during dry summer months can significantly raise the risk of oak trees developing oak root fungus disease and is the leading cause of oak tree death and failure in the urban landscape.

Tree Pruning
Tree pruning during construction is not just about aesthetics and safety; it's also about adhering to best practices and standards set by professional bodies like the International Society of Arboriculture (ISA) and the American National Standards Institute (ANSI A300 Pruning Standards) . The ISA sets rigorous standards to ensure trees are cared for sustainably and scientifically. Under these guidelines, and for the well-being of trees during construction, it's imperative to have an expert arborist oversee any pruning. Their knowledge guarantees that only the necessary branches are removed, ensuring both safety and tree health. The guideline to prune no more than 25% of the tree's total foliage is grounded in sound arboricultural practices. This safeguards the tree's photosynthetic capability, reduces undue stress, and preserves the balance between its roots and canopy. Homeowners should be aware of these standards and ensure they are being met, trusting in the expertise of their arborist and keeping open communication about their tree care decisions. This approach not only ensures the tree's compatibility with new construction aesthetics but also its long-term health and vitality.

Traffic Within TPZs
Strictly prohibit driving vehicles or heavy foot traffic on bare soil within the TPZs of protected trees. Such activities can crush roots directly and compact the soil, impeding oxygen and water infiltration. In areas without existing pavement, use temporary anti-compaction materials, such as wood chips covered with plywood, to prevent damage to tree roots (landscape barrier). Temporary pathways or boardwalks can be constructed to facilitate access while minimizing soil compaction within the TPZ.

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Chemical and Material Handling
Store chemicals and construction materials away from TPZs to prevent accidental spills or exposure that may harm tree health. Follow proper handling and disposal procedures for chemicals to ensure compliance with environmental regulations. Minimize the use of toxic materials near trees and opt for environmentally friendly alternatives whenever possible.

Monitoring and Inspection
Regularly monitor and inspect the tree protection measures throughout the construction process to ensure their effectiveness and compliance with the Tree Preservation Plan. Assign a qualified individual, such as a project arborist or certified arborist, to conduct periodic inspections and provide recommendations for any necessary adjustments or improvements. Maintain detailed records of inspections, including dates, findings, and any actions taken.

Post-Construction Maintenance
After construction is completed, continue monitoring the health and condition of preserved trees to address any potential issues promptly. Implement post-construction maintenance practices such as watering, mulching, pruning, and fertilization as needed to support the recovery and long-term health of the trees. Regularly assess the trees for signs of stress, disease, or structural instability and take appropriate measures, including consulting with a certified arborist if necessary.

Compliance with Environmental Laws
Ensure full compliance with all applicable local, state, and federal environmental laws, regulations, and permit requirements pertaining to tree protection during construction. Familiarize yourself with specific regulations regarding tree preservation in your jurisdiction and consult with local authorities or arborists for guidance if needed.

Responsibility
Designate a responsible person or team within the project organization to oversee the implementation and enforcement of the Tree Preservation Plan. Clearly communicate the roles and responsibilities of all parties involved in the construction project regarding tree protection.

Emergency Procedures
Develop clear procedures to follow in the event of emergencies that may impact tree preservation, such as severe storms, accidents, or unexpected tree health issues. Ensure that emergency response plans address prompt actions to mitigate potential risks to trees and contact qualified professionals, such as arborists or tree care companies when needed.

Communication and Training
Facilitate effective communication among all project stakeholders, including contractors, subcontractors, architects, engineers, and landscape professionals, regarding the importance of tree preservation and the specific guidelines to follow.

Conduct training sessions or workshops to educate personnel.

PURPOSE & USE OF THE REPORT
This report informs tree management decisions for the construction project and provides recommendations to maximize tree survival. It serves as a valuable resource for stakeholders, facilitating informed discussions and sustainable tree management practices.

TESTING & ANALYSIS
In order to assess the trees, a thorough examination was conducted using a variety of methods. For trees with accessible trunks, precise measurements of the Diameter at Breast Height (DBH) were taken using a specialized diameter tape Kielty Arborist Services LLC - P.O. BOX 6187 San Mateo, Ca 94403 - 650-532-4418 - www.KieltyArborist.com 28

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measure. In cases where the trunks were not readily accessible, visual estimations were employed to determine the DBH.

As part of the inventory process, all trees exceeding a specific DBH threshold stated in town code were included.

To evaluate the health of the trees, multiple factors were considered, including their overall appearance and our team's extensive experiential knowledge of each species. This holistic approach ensured a comprehensive understanding of the tree’s well-being.

To accurately document the location of each tree, a GPS smartphone application was utilized during the data collection process. This enabled us to create detailed maps that are included in this report. However, it is important to note that despite our efforts to minimize errors, inherent limitations of GPS data collection, coupled with slight discrepancies between GPS data and CAD drawings, may result in approximate tree locations depicted on the map.

TREE WORK STANDARDS AND QUALIFICATIONS
To ensure high-quality tree work, including removal, pruning, and planting, the following standards and qualifications will be adhered to:
● Industry Standards: All tree work will be performed in accordance with industry standards established by the International Society of Arboriculture (ISA). These standards encompass best practices and guidelines for tree care and maintenance.
● Contractor Licensing and Insurance: The contractor undertaking the tree work must possess a valid State of California Contractors License for Tree Service (C61-D49) or Landscaping (C-27). Additionally, they must have comprehensive general liability, worker's compensation, and commercial auto/equipment insurance coverage. ● Workmanship Standards: Contractors must adhere to the current Best Management Practices of the International Society of Arboriculture (ISA) and the American National Standards Institute (ANSI). These standards, including ANSI A300 and Z133.1, outline guidelines for tree pruning, fertilization, and safety. Compliance with these standards ensures the use of proper techniques and practices throughout the tree work process.

By adhering to these established standards and qualifications, we can ensure the provision of professional and safe tree services that meet the industry's best practices and promote the health and longevity of the trees.

SCHEDULE OF INSPECTIONS
Kielty Arborists Services LLC:

We will conduct the following inspections as needed for the project:
● Pre-Equipment Mobilization, Delivery of Materials, Tree Removal, and Site Work: Our project arborist will meet with the general contractor and owners to review tree protection measures. We will identify and mark tree-protection zone fencing, specify equipment access routes and storage areas, and assess the existing conditions of trees to determine any additional necessary protection measures. ● Inspection after Installation of Tree-Protection Fencing: Upon completion of tree-protection fencing installation, our project arborist will inspect the site to ensure that all protection measures are correctly implemented. We will also review any contractor requests for access within the tree protection zones and assess any changes in tree health since the previous inspection.
● Inspection during Soil Excavation or Work Potentially Affecting Protected Trees: During any work within non-intrusion zones of protected trees, our project arborist will inspect the site and document the implemented recommendations. We will assess any changes in tree health since the previous inspection to monitor the well-being of the trees.

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● Final Site Inspection: Prior to project completion, our project arborist will conduct a final site inspection to evaluate tree health and provide necessary recommendations to promote their longevity. A comprehensive letter report summarizing our findings and conclusions will be provided to the town of Los Gatos.

Our inspections aim to ensure proper tree protection, health, and adherence to project requirements.

ASSUMPTIONS AND LIMITING CONDITIONS
● Legal Descriptions and Titles: The consultant/arborist assumes the accuracy of any legal description and titles provided. No responsibility is assumed for any legal due diligence. The consultant/arborist shall not be held liable for any discrepancies or issues arising from incorrect legal descriptions or faulty titles. ● Compliance with Laws and Regulations: The property is assumed to be in compliance with all applicable codes, ordinances, statutes, or other government regulations. The consultant/arborist is not responsible for identifying or rectifying any non-compliance.
● Reliability of Information: Though diligent efforts have been made to obtain and verify information, the consultant/arborist is not responsible for inaccuracies or incomplete data provided by external sources. The client accepts full responsibility for any decisions or actions taken based on this data. ● Testimony or Court Attendance: The consultant/arborist has no obligation to provide testimony or attend court regarding this report unless mutually agreed upon through separate written agreements, which may incur additional fees.
● Report Integrity: Unauthorized alteration, loss, or reproduction of this report renders it invalid. The consultant/arborist shall not be liable for any interpretations or conclusions made from altered reports. ● Restricted Publication and Use: This report is exclusively for the use of the original client. Any other use or dissemination, without prior written consent from the consultant/arborist, is strictly prohibited. ● Non-disclosure to Public Media: The client is prohibited from using any content of this report, including the consultant/arborist's identity, in any public communication without prior written consent. ● Opinion-based Report: The report represents the independent, professional judgment of the consultant/arborist.

The fee is not contingent upon any predetermined outcomes, values, or events. ● Visual Aids Limitation: Visual aids are for illustrative purposes and should not be considered precise representations. They are not substitutes for formal engineering, architectural, or survey reports. ● Inspection Limitations: The consultant/arborist's inspection is limited to visible and accessible components.

Non-invasive methods are used. There is no warranty or guarantee that problems will not develop in the future.

ARBORIST DISCLOSURE STATEMENT
Arborists specialize in the assessment and care of trees using their education, knowledge, training, and experience. ● Limitations of Tree Assessment: Arborists cannot guarantee the detection of all conditions that could compromise a tree’s structure or health. The consultant/arborist makes no warranties regarding the future condition of trees and shall not be liable for any incidents or damages resulting from tree failures. ● Remedial Treatments Uncertainty: Remedial treatments for trees have variable outcomes and cannot be guaranteed.
● Considerations Beyond Scope: The consultant/arborist's services are confined to tree assessment and care. The client assumes responsibility for matters involving property boundaries, ownership, disputes, and other non-arboricultural considerations.

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● Inherent Risks: Living near trees inherently involves risks. The consultant/arborist is not responsible for any incidents or damages arising from such risks.
● Client’s Responsibility: The client is responsible for considering the information and recommendations provided by the consultant/arborist and for any decisions made or actions taken.

The client acknowledges and accepts these Assumptions and Limiting Conditions and Arborist Disclosure Statement, recognizing that reliance upon this report is at their own risk. The consultant/arborist disclaims all warranties, express or implied.

CERTIFICATION
I hereby certify that all the statements of fact in this report are true, complete, and correct to the best of my knowledge and belief, and are made in good faith.

David Beckham
Signature of Consultant
David Beckham
Certified Arborist
WE#10724A TRAQ Qualified
June 28, 2024
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14789 Oka Road Arborist’s Review December 12, 2024
December 12, 2024
Erin Walters
Community Development Department
110 E. Main Street
Los Gatos, CA 95030
Summary and Assignment
I was asked to review the plans and the applicant’s arborist report and provide findings and recommendations. I visited the site on December 12, 2024.

The arborist’s report was provided by Kielty Arborist Services LLC dated June 28, 2024. The report contains some required information for the proposed project.

The site is comprised of an English walnut (Juglans regia) orchard. The report indicates two walnuts have a trunk diameter greater than eighteen inches along with one Large Protected coast live oak. The remaining trees are considered Exempt within the ordinance.

There is one discrepancy within the plans. Sheet C2.0 indicates the Large Protected coast live oak is to be retained. However the remaining plans and the arborist report (along with the expected impacts around the tree based on my review) indicate the tree is to be removed.

The only deficiency within the report and assessment is no “numbered metal tags” were placed on the trees for reference in the field. However, based on the nature of the proposed plans I am not recommending returning to the site to accomplish this task because it would be frivolous at this point considering all the trees are to be removed.

The report provides recommendations for replacement trees and the applicant should replace the trees according to the ordinance requirements as indicated in Sec. 29.10.0985. Determination and conditions of permit. Table 3-1.

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Qualifications, Assumptions, and Limiting Conditions
Any legal description provided to the consultant is assumed to be correct. Any titles or ownership of properties are assumed to be good and marketable. All property is appraised or evaluated as though free and clear, under responsible ownership and competent management.

All property is presumed to be in conformance with applicable codes, ordinances, statutes, or other regulations.

Care has been taken to obtain information from reliable sources. However, the consultant cannot be responsible for the accuracy of information provided by others.

The consultant shall not be required to give testimony or attend meetings, hearings, conferences, mediations, arbitration, or trials by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services.

This report and any appraisal value expressed herein represent the opinion of the consultant, and the consultant’s fee is not contingent upon the reporting of a specified appraisal value, a stipulated result, or the occurrence of a subsequent event.

Sketches, drawings, and photographs in this report are intended for use as visual aids, are not necessarily to scale, and should not be construed as engineering or architectural reports or surveys. The reproduction of information generated by architects, engineers, or other consultants on any sketches, drawings, or photographs is only for coordination and ease of reference.

Inclusion of said information with any drawings or other documents does not constitute a representation as to the sufficiency or accuracy of said information.

Unless otherwise expressed: a) this report covers only examined items and their condition at the time of inspection; and b) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that structural problems or deficiencies of plants or property may not arise in the future.

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14789 Oka Road Arborist’s Review December 12, 2024
Certification of Performance
I Richard Gessner, Certify:

That I have personally inspected the tree(s) and/or the property referred to in this report, and have stated my findings accurately. The extent of the evaluation and/or appraisal is stated in the attached report and Terms of Assignment;
That I have no current or prospective interest in the vegetation or the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved; That the analysis, opinions and conclusions stated herein are my own; That my analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted Arboricultural practices; That no one provided significant professional assistance to the consultant, except as indicated within the report.

That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any other subsequent events; I further certify that I am a Registered Consulting Arborist® with the American Society of Consulting Arborists, and that I acknowledge, accept and adhere to the ASCA Standards of Professional Practice. I am an International Society of Arboriculture Board Certified Master Arborist®. I have been involved with the practice of Arboriculture and the care and study of trees since 1998.

Richard J. Gessner
ASCA Registered Consulting Arborist® #496
ISA Board Certified Master Arborist® WE-4341B
Copyright
© Copyright 2024, Monarch Consulting Arborists LLC. Other than specific exception granted for copies made by the client for the express uses stated in this report, no parts of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, recording, or otherwise without the express, written permission of the author.

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Urban Catalyst – Oka Road - Community Outreach
o Rachel Hinojosa - Gerry Mirassou - Owner of Bonnie View Park (Gerry is Rachel’s Dad) ▪ Called Rachel - 408-356-3200 - [email protected] - voicemail 4/23/25, Spoke 4/24/25 – Met in person 5/2/25
▪ Discussed Builder’s Remedy, CEQA, traffic, focus on concrete boarder wall, retaining wall, trees, root barriers, sound, smell and danger from cars on boarder road. Discussed bike lane and street parking.
▪ Email correspondence –5/21/25 – Rachel sent water and sewer maps showing sewer along property line on Bonnie View Park Property – requested more details of concrete wall
▪ Changes made to plans in response to requests/comments:
▪ Six Foot Concrete Wall - between Bonnie View Park and Oka property (instead of wood fence) – sound protection and more protection from cars hitting fence and entering backyards/homes of Bonnie View Residents – incorporated into 8/15/2025 Plan Set – Site Plan C3.0
▪ Alternative Trees - along property border between Bonnie View Park and Oka property. Both the original proposed trees and the alternative proposed trees meet the town guidelines. The original proposed trees have a large root ball that would interfere with Bonnie View Park existing sewer and water lines that run 2-3 feet off the property line on the Bonnie View Park property. New trees have smaller root balls. Also, the concrete wall will have footings that will further block the root balls and protect the water/sewer lines. – incorporated into 8/15/2025 Plan Set – Landscape Plan L4
o Lana Gerasimova - Resident of Bonnie View Park – in communication with Rachel (owner of Bonnie View Park).
▪ Lana email: [email protected]
▪ Email 9/29/26 - 5-6 emails back and forth
▪ Discussed moving entrance road along property border between Bonnie View Park and Oka property away from the property line. She sent pictures of the request. Wanted to move the road away from the property line so that there would be less risk of cars not fully making the turn, and hitting the concrete wall and impacting the back yards of the residences.
▪ Changes made to plans in response to requests/comments:
▪ Move Entrance of Road Away From Property Line – Urban Catalyst agreed to move the entrance of the northern entrance road approximately 15 feet away from the property line as long as it was done during the construction documentation period and could still meet all of the requirements of the Town and responsible agencies. Reviewed by Civil Engineer HMH, and it should work. Exhibit drawn by HMH was sent to Planning on 1/29/26 along with some written descriptions. Planning plans to address this in Conditions of Approval. o Shelli Denevi, Chris Denevi, and Lauren Denevi - Owners of Los Gatos Swim and Racquet Club
EXHIBIT 13

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▪ Called Chris (408) 655-2596 - Spoke with Chris and Patrick King (General Manager of the club) on 4/24/25 for 30 min.
▪ Discussed road across from their entrance, street parking and onsite parking, how to not have our residents park in their lots, traffic, promotional materials to new residents ▪ Spoke with Chris 1/28/26 - Discussed driveway entry realignment, sidewalk along Oka, construction timeline, Timing of Town Council approval, amenities (or lack of amenities) - he is supportive of the project as to him it means more folks sign up for his club, o Daniel Klein - CEO of the Addison-Penzak Jewish Community Center (APJCC) ▪ 408-358-3636 - Spoke with Daniel Klein for 30 min on 4/24/25 ▪ Discussed overall project - will bring to his board – overall supportive of the project ▪ Voicemail 1/28/26
o Edward Morimoto - Owner of properties across Oak Road ▪ Spoke with Edward for 30 min on 4/25/25
▪ Spoke with Edward for 30 min 1/30/26

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ITEM NO. 1.
408 203 7002 | 99 S ALMADEN BLVD, SUITE 500, SAN JOSE, CA 95113 | WWW.URBANCATALYST.COM August 15, 2025
Los Gatos Planning Division
110 E Main Street
Los Gatos, CA 95030
Re: Revised SB 330 Preliminary Application
Dear All:

Below is a summary of all public outreach to neighbors that has been done to date regarding the Oka Road project. More public outreach will be conducted prior to Planning Commission and Town Council meetings. An update to this document will be submitted to planning at that time.

What neighbors you have spoken to (name and address)
Rachel Hinojosa - Owner of Bonnie View Park
Chris Denevi - Owner of Los Gatos Swim and Racquet Club Patrick King - General Manager of Los Gatos Swim and Racquet Club Daniel Klein - CEO of the Addison-Penzak Jewish Community Center (APJCC)
Edward Morimoto - Owner of properties across Oak Road from project site When you met with neighbors
Rachel Hinojosa - Spoke 4/23/25 and 4/24/25 - onsite meeting conducted 5/1/25 Chris Denevi - Spoke 4/24/25
Patrick King - Spoke 4/24/25
Daniel Klein - Spoke 4/24/25
Edward Morimoto - Spoke 4/29/25
Regards,
Erik Hayden
CEO
Urban Catalyst

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From: Elizabeth Nelson <
Sent: Wednesday, October 2, 2024 4:58 PM
To: Planning <[email protected]>
Subject: proposed project: 14789 Oka Road
[EXTERNAL SENDER]
2024.10.02
Re: 14789 Oka Road, Los Gatos, CA
Dear Los Gatos Community Development Department:

I am a homeowner in the Bonnie View Community located at . My neighbors and I were recently alerted to the proposed development project for an almond orchard located at 14789 Oka Road.

I am concerned that a development of this size would cause serious hardship to my community.

At that section, Oka Road is a 2-lane country road. It is the only entrance/exit for the neighborhoods of Bonnie View and Mozart Road. Should an emergency arise, the additional number of people the new development would house would deny adequate egress for residents who live Northeast of the proposed development site.

Please picture the same two-lane Oka Road full of construction vehicles….these vehicles would cause traffic issues, as well as impede emergent vehicles access to those who need attention in a timely manner.

In addition, as we look from Bonnie View south toward the mountains, we enjoy a lovely sight of both mountains and sky. A three-story high-density housing project would obliterate that view.

I realize that more housing is needed, but can this proposed development be toned down considerably? Perhaps take the building height down to 1 or 2 stories? Please consider the safety and peace of mind of current residents as you review this proposed project.

Thank you,
Elizabeth Nelson
EXHIBIT 14

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ITEM NO. 1.

From: Lana Gerasimova < >
Sent: Tuesday, October 22, 2024 7:32 PM
To: Erin Walters <[email protected]>; Council <[email protected]> Cc:

Subject: Concerns Regarding Proposed Development at 14789 Oka Road [EXTERNAL SENDER]
Dear Members of the Planning Department,
I am writing to express my concerns about the proposed development at 14789 Oka Road, which plans to transform a 6.38-acre property into 138 three-story townhomes. While I understand the need for additional housing, the current proposal raises significant issues that must be addressed to ensure the safety, privacy, and well-being of the residents at 14685 Oka Road, which borders this development.

1. Privacy and Proximity to Current Residents
The design places the entry road alarmingly close at just 5 feet from our community. This proximity leads to several pressing concerns:
• Significant Safety Risks: The proposed main entrance road features a sharp left turn of approximately 82 degrees. This design significantly increases the likelihood of vehicles veering off course and potentially crashing into our property at unit , which is situated at a standard 90-degree angle from the turn. This is especially concerning as my children's bedrooms are located right at that side, as well as my one-year-old nephew’s who lives at . I welcome you to tour our bedrooms and property.

Whether it’s was intentional or not, the builder’s 3D visuals may misrepresent the actual danger of this layout. With the current proposed entrance design, it is only a matter of time before an accident occurs, posing serious risks to our children’s safety. If you know the history of speedy driving on Oka Rd (with numerous reports to LGPD for speed violation), a violent car crash happened over speedy turn to Bonnie View MHP. This raises the likelihood that another reckless driver could miss the turn at much sharper angle and a lot narrower entrance. Given this history and the proposed plans, this layout fails to adequately protect existing residents from potential accidents." I've used an online tool (https://www.ginifab.com/feeds/angle measurement/) to illustrate the turn angle, but I strongly encourage you to visit the site in person to fully visualize the dangers posed by this proposal.

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• Noise and Pollution: Our current peaceful environment, overlooking orchards and mountains, will be disrupted by the anticipated influx of over 200 vehicles passing near our windows every day and every night, resulting in constant traffic noise and air pollution. • Loss of Privacy: The close proximity of the road, combined with the height of the proposed three-story buildings, will fully compromise our views and privacy. We are enjoying daily views of the mountains. The developers propose us to look at 3-story buildings. It’s completely unfair tradeoff.

To mitigate these risks, I urge the city to require the developer to:
- Relocate the entrance road to minimize any potential risks of property damage with vehicle. This would help address safety, noise, pollution, and privacy concerns. - Preserve the view of the nature and provide a revised plan

2. Compliance with Landscaping Requirements (SDBL A.8.1)

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ITEM NO. 1.

The proposed development exceeds the minimum density of 127.6 units by approximately 10 units.

The reduction of extra units would:
• Increase the percentage of landscaped areas well above required 50% (currently only at 40.9%).

As builder states: reducing the project by 8 units would allow the proposed development to comply with the SDBL A.8.1 requirement.
• Create more space for a landscaped buffer zone between 14685 Oka Road and the development, enhancing privacy and reducing noise and pollution
• Reducing the project by 10 units could lead to ~20 fewer cars using currently congested Oka Road and Lark Avenue multiple times a day.

3. Increased Traffic and Road Safety
The addition of 138 units will substantially increase traffic on Oka Road, exacerbating congestion at the already limited access points at Oka Road and Lark Avenue. I request the city to:
• Assess the potential impact on traffic and road closures during construction. • Consider the need for an alternative evacuation route. With such a large amount of new homes added to our on dead-end street, our only exit may become inadequate in an emergency— whether due to flooding, as we are located in a flood zone, fire, or other unforeseen circumstances. Additionally, it's important to note that another neighborhood on the opposite side of the 85 highway also relies on Oka Road as its sole exit. • Require the installation of speed humps or similar traffic-calming measures to address existing speeding issues and accommodate the additional traffic load.

4. Construction Dust and Impact on Current Residents
The construction process will inevitably generate dust and debris that could affect our homes and backyards. We would like to know how the developer plans to mitigate these impacts and protect the health and well-being of current residents during this period.

I hope the City of Los Gatos takes these concerns seriously and collaborates with the developer to adjust the project to better meet the needs and safety of existing residents. I appreciate your attention to these matters and look forward to your response.

Thank you!
Sincerely,
Lana Gerasimova

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ITEM NO. 1.

From: <
Sent: Friday, November 15, 2024 1:13 PM
To: Erin Walters <[email protected]>;
Cc: Council <[email protected]>;
Subject: Urgent Follow-Up: Safety Concerns Regarding Proposed 14789 Oka Lane Entry Road Near My Home
[EXTERNAL SENDER]
Dear Erin Walters and Urban Catalyst Developers,
I hope this message finds you well. I am writing to follow up on my previous email regarding the proposed entrance road for the new development near my home. As a mother of three young children, I am extremely concerned about the significant risks posed by this proposal, particularly the road's extreme proximity to my home and the sharp ~80-degree turn that will directly affect my family’s safety.

Despite my initial communication, I have yet to receive a response or acknowledgment addressing these serious concerns. I feel it is crucial to reiterate the urgency of this matter. The proposed road, which will be positioned just five feet from my children’s bedroom, creates not only an immediate traffic hazard but also poses a threat to their safety, well-being, and quality of life. Specifically:

1. Safety Risks: The sharp turn so close to our home presents a significant risk of vehicle accidents, with the potential for vehicles to lose control and crash into our home. This is especially troubling given the volume of traffic the development will generate, with more than 250 cars using this road multiple times a day. According to the National Highway Traffic Safety Administration (NHTSA) and the Insurance Institute for Highway Safety (IIHS), roughly 1 in 5 of all crashes in the U.S. are run-off-road accidents. In 2022, there were approximately 16,000 run-offroad fatalities in the U.S., representing about 23% of all traffic fatalities. Furthermore, about 12- 15% of all traffic accidents involve a vehicle colliding with a fixed object, such as a building, utility pole, or guardrail. I am deeply concerned about the danger to my children’s lives.

2. Constant Disruptions: In addition to the safety risks, the road’s proximity will result in constant vehicle noise pollution, including the sounds of cars, engines, and horns. My children sleep best when they can get fresh air from an open window, which will be impossible if this road remains in its proposed location. The impact on my children’s sleep is especially worrying, as their bedrooms are directly adjacent to the turn. The noise will disturb their rest, even if their windows are closed.

3. Flashing Lights: With vehicles navigating a sharp turn, flashing headlights will constantly disturb our home, particularly at night. This will not only affect the sleep patterns of my children but also contribute to ongoing stress for our family.

As a parent, it is my fundamental duty to ensure my children's safety and well-being. I cannot, in good conscience, accept a development proposal that creates such obvious and preventable risks. Therefore, I

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am prepared to take all necessary steps to advocate for a safer solution. Some of my first steps will include:
• Gathering support from our neighbors, local schools, and the wider community to raise awareness of the planned development and the dangers posed by the current road design.

Together, we will work to ensure that the safety of residents—and especially our children—is prioritized. This will also bring attention to the addition of 138 new homes, which will result in more than 250 additional cars on the already busy Lark Avenue. • Launching a petition to gather signatures from concerned community members who will support the cause for children’s safety.
• Sharing my story through social media and local news outlets to raise awareness of this safety issue and urge the town and developer to reconsider the road placement. I believe the community’s collective voice can make a significant impact. • Writing letters to the town council, the planning commission, and other relevant officials to express the collective concerns of our neighborhood and demand action. • Attending public hearings, town council meetings, and planning commission discussions related to this development to ensure that my concerns—and those of my neighbors—are heard loud and clear.
• Organizing a rally to highlight the risks this development presents to families in the area, further emphasizing the urgent need for a safer alternative.

I strongly urge you to carefully consider my concerns and revisit the proposed road design. I believe a solution that reallocates the road away from our homes, modifies the sharp turn, and includes necessary safety measures—such as barriers, traffic calming, and appropriate signage—will protect the safety of all residents while still supporting the development.

As a mother, I will do everything in my power to ensure that my children—and all the children in our community—are safe. This development proposal, as it currently stands, is a direct threat to that safety. I am fully committed to taking action to prevent it, and I respectfully ask for your immediate attention to this critical issue.

Thank you for your time and understanding. I look forward to hearing from you and hope that we can work together to find a safer solution for our community.

Sincerely,
Lana Gerasimova

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ITEM NO. 1.

From: S SERVER
Sent: Thursday, November 21, 2024 9:52 AM
To: Erin Walters <[email protected]>;
Cc:

Subject: Oka Rd Proposed Housing Development
[EXTERNAL SENDER]
November __21___, 2024
Dear LG Planning Department & Urban Catalyst ,
I am writing to express my strong opposition to the proposed housing development in our neighborhood.

While I understand the need for affordable housing in our city, I believe that this project would have a detrimental impact on our community.

First and foremost, TRAFFIC IMPACT on Oka Road. The addition of 138 units will add at least 200+ cars using the street as ingress and egress. These 200+ cars will be making multiple trips in one day. The US Department of Transportation estimates a household makes 5+ car trips in one day. The proposed complex would add at least another 690+ car trips on Oka a day. Oka road residents currently have issues at the traffic lights leaving and entering Oka Road. These issues include:

1. Waiting through multiple lights to turn on to Lark Ave

2. Cars blocking the intersection to try to make the light -this also makes it difficult for oncoming opposing traffic to go in the direction necessary and could potentially block the intersection for emergency vehicle access

3. 3 Cars speeding and running lights to try to make the next light Furthermore, EMERGENCY ACCESS will be impacted. If there were ever to be an emergency requiring evacuation of Oka Road, it would be virtually impossible to get out with the one point of ingress and egress. Below are the number of homes and businesses that are currently on Oka Rd.

1. BVP- 71 homes

2. Mozart (homes past BVP)- 74 homes

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ITEM NO. 1.

3. 3. Los Gatos Gardens Apts-96 homes

4. JCC, LG Swim and Racquet Club, Legacy Community Church & Los Gatos Orthopedic TherapyNumbers will fluctuate depending on time of day-I am guessing at least 100+ cars during business hours.

5. People leaving Oka Road would also encounter issues competing to evacuate with the people using Lark Avenue from LG Blvd and Winchester.

6. Between the current residents, the patrons of the businesses on Oka Road, there are at least 650+ cars using Oka Road every day. If the proposed complex is approved for construction on Oka Road, that will add an additional 200+ cars. In my opinion, it will be impossible for residents to get out of Oka Road with the one point of ingress and egress in an emergency evacuation situation.

Finally, DIMINISHED QUALITY OF LIFE

1. Loss of orchard and mountain view.

2. Height of buildings blocking natural light in homes and yards.

3. Landscaping planned for the complex becomes a problem for our residents as it will hang over the fence and trees will drop leaves and limbs in our yards.

4. Height and proximity of buildings creates a loss of privacy, people will be able to see down into yards and homes.Proximity of the street to entrance & exit the complex is just 5 feet from the fence line. Some houses will be just 8 feet away from the cars entering and exiting. The turn is sharp and located in a narrow section of street. This will cause a safety issue for many residents.

If a car misses or misjudges the turn they could end up in a yard or a home.

5. Proximity of vehicular traffic using the road will cause exposure to air, noise, and light pollution.

In conclusion, I strongly urge you to reconsider this proposed housing development. While I recognize the need for affordable housing, I believe that this project is simply not the right fit for our neighborhood. I think a location better suited for this type of development would be on Winchester Blvd, Los Gatos Blvd or Blossom Hill Rd, where there are more than one point of ingress and egress and more than two lanes of traffic. Thank you for your attention to this matter.

Sincerely,
Susan Server

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ITEM NO. 1.

From: Emma R. Kessler
Sent: Friday, November 22, 2024 2:48 PM
To: Erin Walters <[email protected]>
Subject: Concern about Oka Lane project
[EXTERNAL SENDER]
Good afternoon,
I am writing to express my objection to the new project proposed at 14789 Oka Lane. The additional traffic this development will cause in the area is going to cause increased frustration, anger, and danger for pedestrians and drivers. I also understand that there are safety concerns for a young family whose home is adjacent to the proposed development.

I am a resident in the Lark/17 area. My family walks and/or drives every day on Lark. I have written to the Town's Traffic/Parking Sergeant in the past about the almost daily red light violations I see at Lark/Oka and Lark/17 and the danger it poses to families trying to cross these streets.

Some of the violations are accidental - people seem to overlook the light facing towards Winchester at the intersection of Oka and Lark, and drive through the light as if it's not there. Most of the violations appear intentional - folks speeding up to get through a yellow or red light, even when pedestrians are present.

More cars trying to get through these intersections will inevitably mean more frustrated and entitled drivers trying to get places faster than they can, running lights and putting pedestrians in harm's way.

There are also two houses on Oka that will be greatly impacted by this development. My understanding is that the family who owns these homes feels their children's safety could be at risk based on the road placement the developer has proposed in order to squeeze in as many units as possible.

I hope that you will consider rejecting this development, or at the very least require a significant reduction in the number of units and a relocation of the road abutting the existing properties on Oka.

There has been far too much development slated for this area in recent years, and the infrastructure is not in place to keep up with it.

Thanks for your attention to this matter.

Emma Kessler

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ITEM NO. 1.

From: Anjali Bagora
Sent: Monday, December 2, 2024 10:21 PM
To: Erin Walters <[email protected]>;
Subject: Oka Road Townhome Project 14789 Oka Road APN: 424-08-035, 424-08-074 [EXTERNAL SENDER]
Dear Erin, Mallory, Rachel,
I am writing to formally express my opposition to the proposed development of 130+ housing units on 14789 Oka Road.

The roads in this area are single lane, super narrow, with significant challenges posed by on-street parking that limits maneuverability and creates chaotic conditions. We have two recreation centers (Jewish Community Center + Los Gatos Swim and Racquet club), an apartment complex (Los Gatos Gardens), and a Mobile park (Bonnie View) nearby which all overflow their cars onto the main street, limiting visibility, and has made navigating these streets stressful and hazardous. Adding a substantial number of new housing units will only compound these problems.

I have firsthand experience of the dangers presented by current road conditions. I was involved in a tbone accident (me on Oka Road and a car coming from one of the recreation centers) due to parked cars on the streets, thus causing blind spots.

The additional burden of 130+ houses will also reduce the overall quality of life for residents. It could impede access for emergency vehicles to inner street homes, posing a serious safety risk to the community. Our neighborhood infrastructure simply cannot support this level of development without significant adverse impacts.

I urge you to reconsider this project and prioritize the safety and well-being of current residents.

Investing in road improvements, addressing existing congestion, and maintaining the character of the neighborhood should take precedence over new housing developments in this area.

Optionally, maybe a park, or open space would be a better use of the land keeping the orchard, fruit farm legacy intact in Los Gatos.

Thank you for considering my concerns. I look forward to your response.

Regards, Anjali Bagora - a proud Los Gatos Resident since 2016

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From: [email protected] <[email protected]>
Sent: Tuesday, December 3, 2024 9:55 PM
To: Planning <[email protected]>
Subject: Online Form Submission #15286 for Town Contact Form [EXTERNAL SENDER]
Town Contact Form
First Name Sudhanshu
Last Name Bagora
Email Address (Required)
Phone Number
Message (Required) Regarding 14789 Oka Lane
Application Number
Architecture and Site Application S-24-052 Conditional Use Permit Application U-24-016 Subdivision Application M-24-017 Hi, This project is super crazy to begin with. 138 houses, not enough parking spaces in the community, single lane Oka Road which is super congested with cars parked outside (2 rec centers, one church, 1 apartment complex, one mobile park) all on Oka Road and cars lined on the sides of Oka Road all day long - leading to blind spots...

I also read the letter from the lawyers back to Planning commission - and bike parking spaces is being requested to be waived, 20-25 feet from the front is being requested to be waived...

I would also like to learn about the 'affordable housing' - how much will they cost? and will they truly be affordable? This is a farce, under the 'Housing crisis', 'Affordable housing act' and not well planned.

The streets will need to be widened (2 lanes on each side at a

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minimum), parking spaces added - NO PARKING ON OKA LANE allowed for safety purposes; TRAFFIC lights added for residents entering OKA Road, and ALL CITY requirements met - no
exceptions - and only then this should be approved.

I can be reached at I have
been a resident of Los Gatos and using OKA ROAD multiple times a day since 2016. I have seen many traffic accidents (my wife was involved in one of them); SEVERAL blind spots - people entering OKA ROAD from all these places mentioned above; and TONNES of CARS parked OVERNIGHT on OKA ROAD
limiting visibility; and TRAFFIC congestion and safety hazard for AMBULANCES to COME IN / OUT
Which Department do you
want to submit this
message to? (Required)
Community Development: Building & Planning
Add an attachment Field not completed.

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ITEM NO. 1.

From: Jega A
Sent: Tuesday, December 10, 2024 7:53 PM
To: Erin Walters <[email protected]>
Subject: Proposed building for 14789 Oka Road
[EXTERNAL SENDER]
To:

Erin Walters
Town of Los Gatos Associated Planner
I live on Oka Lane by the percolation ponds.

Saw a plan of the proposed building by Oka Road where the orchards are now.

I am writing to express my concerns regarding the proposed construction project in our town. As a resident of Los Gatos, I am deeply concerned about the potential impact this project will have on our community. Below are the key concerns I would like to bring to your attention:

1.Traffic Congestion:

Traffic in our area is already a significant issue. For instance, it often takes two cycles of traffic signals to get from Oka Road to Lark Avenue, particularly during peak hours when commuters are heading to Highway 17. The addition of a large construction project will exacerbate this congestion and create further delays and frustration for residents.

2.Safety Concerns:

Oka Lane has only one road for ingress and egress. In the event of an emergency, such as a fire or natural disaster, the limited access could jeopardize the safety of residents. This lack of alternative routes is a critical safety concern that must be addressed before approving such a project.

3.Construction Impacts:

We have already experienced significant disruption from the recently completed office complex construction at 1700 Dell Avenue, which is directly behind my house. Despite established regulations, the builders disregarded rules, resulting in excessive noise and environmental issues for Oka Lane residents. Despite petitions to both Campbell and Los Gatos, little action was taken. A larger construction project raises even greater concerns about the impact on the quality of life for residents in the area.

4.Town Character and Long-Term Vision:

When I purchased my home in Los Gatos, I was assured by real estate agents that the town’s strict rules and regulations would prevent high-rise developments. However, projects such as the North 40 development and now this new proposal contradict the town’s traditional character. Future homebuyers should be made fully aware of potential high-rise projects to make informed decisions.

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5.State Mandates vs. Local Autonomy:

I understand that California’s recent policies have limited local governments’ ability to control such developments. However, it is disheartening to see the unique character of our town being eroded by state mandates that prioritize large-scale development over community input. This shift risks making Los Gatos less livable and may lead to affluent residents leaving the area, further altering the social and economic fabric of our community.

As a town planner, you have a vital role in safeguarding the norms and values that make Los Gatos a desirable and livable place. I urge you to carefully consider the long-term implications of this proposal and take a firm stand to prevent projects that negatively impact the quality of life for residents.

Thank you for your attention to this matter. I trust you will prioritize the well-being of our community in your decisions.

Jega Aravandy
Oka Lane, Los Gatos

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December 3, 2024
Dear Town of Los Gatos Planning Department & Urban Catalyst My family has owned Bonnie View Mobile Home Park since 1959. My grandfather bought it in 1959 after selling his orchard land on Harwood Road in San Jose. Our community abuts the proposed 14789 Oka Road development. We understand the need for development and importance of progress but find issue when it comes at the expense of those who surround the project. This complex, which will provide much needed housing opportunities for the area, is completely unsuitable on Oka road for many reasons.

The design creates the following issues for our community:

1. The Costal Redwood trees located in the 5-foot landscape buffer adjoining our fence line create a host of major issues.
a. We have brand new sewer and water lines that are 1.5-3 feet deep located just 2 feet away from the shared fencing, less than 10 feet away from these proposed redwoods. A redwood tree’s extensive root systems are extremely invasive and spread horizontally 60-80 feet. The top 3 feet of the soil is where most of the tree’s root system exists. Planting them this close to our sewer system poses an inevitable disaster for our new infrastructure and our tenant’s foundations, some of which are within 3-5 feet of the fence line. Within time, these trees will also pose issues for your development’s underground infrastructure as well as sidewalks and the roads.
b. The sheer height of Redwood trees makes them difficult to maintain. The slightest breeze will drop leaves and branches, filling our tenant’s yards with debris. The proximity of the redwoods to the homes bordering the fence line is also extremely dangerous. Inevitable weak branches that may fall during storms, will cause extensive damage to homes, property and potentially threaten tenant life. There are bedrooms and living quarters within 10 feet of the proposed tree locations.
c. The height of the trees and the proximity to the fence will take the natural light away from the homes & yards of the tenants.

2. The second tier of trees proposed in the development plan are California Black Oaks.

Their root systems also extend up to 90 feet from the base of the tree and are considered shallow and invasive. To remain healthy, they should be planted 40-50 feet way from other trees as they grow very large. These trees will eventually become an issue growing into underground infrastructure and causing cracks in pavements, sidewalks, and roads.

In place of the Redwoods and Oaks, we would like to work with you to find a species of tree or large shrub that will create the privacy we need and aesthetic you are trying to create. I

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have spoken to an arborist from Bartlett Tree Services about the issue and he recommended Italian Cypress or Carolina Laurels. In conducting my own research, trees with non-invasive root systems include Amur Maples, Serviceberry, Smoketree, Crepe Myrtles and Eastern Redbuds.

3. The proximity of the service road to the homes located in our community poses the potential for great risk to life and diminishes the quality of life for our residents. a. Within 10 feet of the entrance to the complex is a child’s bedroom. The street is narrow and the turn in to the complex is sharp, it is just a matter of time before it is misjudged by a driver and a vehicle ends up smashing into the child’s bedroom. This is an avoidable tragedy.
b. There are bedrooms and living quarters within 10 feet of the street used to enter and exit your complex. Cars utilizing the road throughout the day will create noise, light and air pollution for our tenants. They will no longer be able to enjoy having their windows open. That “simple” experience will now be replaced by car exhaust, engine noises, music from cars and people passing by. Headlights coming in and out as well as turning from the feeder streets inside your complex will be shining into bedrooms and living areas throughout the night.

We recommend increasing the landscape buffer to 20 feet, installing privacy shrubs along the fence line, and creating a safety buffer of bollards and dense landscaping along the entrance of the complex to prevent misguided drivers from running into homes.

4. The insufficient amount of guest parking for your complex will create a major issue for the residents and businesses on Oka Road. According to your plans, each home has 2 car parking in a garage and there are only 22 guest spots available. This is a gross underserving of the parking necessary to accommodate a complex as large as you propose.
a. We are a 71-unit community, and every tenant also has two car parking at their home. We have 30 guest parking spots. Parking is a struggle in our community.

Most of our guest parking is taken by residents who have multiple drivers. b. It is safe to assume that over ½ of the people moving into a 2–3-bedroom townhome will have more than two vehicles or more than two drivers occupying the home. This will create at least 65 cars need spots beyond the 2-car garage parking allotted. With 22 guest parking spaces utilized by whomever gets to them first, the are now 43 cars looking for a place to park. i. If parallel parking is available along the front of the complex, 15 cars max will fit along the street. This creates many safety hazards by further narrowing the existing narrow street. The cars lining the road in front of your complex will restrict driver visibility and reduce driver reaction time for people driving on Oka. When you add vehicles entering and exiting your complex, our community and the Swim and Racquet Club, it creates a very dangerous situation. All our service roads are within 20-30 feet of one another. Accidents are inevitable.

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ii. The lack of parking your complex provides, then becomes the problem for our community, the LG Swim & Racquet Club and the JCC. Residents of your community, struggling to find a place to park, will use our parking as an alternative. This exacerbates the parking calamity facing Oka Road.

5. The addition of 138 units will create an estimated 200 additional vehicles using Oka Road daily. In 2017, The Bureau of Transportation Statistics, conducted a study on the average daily vehicle trips per household throughout the United States. In our area, each household generated 5-6 vehicle trips a day. With this figure, assuming only 1 car per household is in operation, we would have 828 additional car trips utilizing Oka Road and Lark Avenue daily.
a. Currently, there are issues for residents living on Oka Road turning onto Lark Avenue. Cars using Lark Avenue to access Los Gatos Boulevard block the intersection trying to make the light.
i. This generates a dangerous situation with people blocking Lark Ave and the shoulder of the road. This creates dangerous impacted traffic conditions that would make emergency vehicle passage virtually impossible. The cars are gridlocked.
ii. It takes several lights for a vehicle to turn on to Lark Avenue from Oka Road. This creates back ups down Oka Road which in turn block the ingress and egress for those trying to enter and exit the establishments and the apartment complexes at the top of Oka Road.
b. If there ever to be an emergency needing evacuation, the number of additional vehicles added by this complex, would create a dangerous evacuation process.

There is one point of ingress and egress on Oka Road.…there is NO alternate route. Currently, there are 241 households on Oka Road. This does not count any members at the LG Swim & Racquet Club, the JCC or the Legacy Church.

There are schools and daycare centers at the JCC and the Legacy Church. The impact of trying to evacuate Oka Road as it is now would pose major lifethreatening complications. Adding 138 additional homes would make evacuation disastrous.

6. The construction of the complex will dimmish the quality of life for our residents and those living on Oka Road.
a. It will replace the existing greenery and open space with 45-foot-tall high-density housing. Not only will residents lose their view, but also lose their sense of privacy with windows from your complex looking into our yards and homes. b. It will also block natural light in homes and yards. People will lose the ability to garden and enjoy their once sunny yards.
c. It will reduce the peace and tranquility of the homes in our community. The noise created by the cars, residents and homes in your proposed development will create an infringement on our residents.

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d. Any landscaping planted in the landscape buffer or along the fence line, now becomes a problem for our tenants who border the area. Debris from trees will fill their yards and during periods of heavy wind or rain, limbs from trees may threaten their homes and yard structures.
e. Home values have already begun to suffer. I have a resident that lives along the orchard fence line. She is attempting to sell her home and buyers have been turned off by the potential development that may be looming over the home.

The points raised above are just some of the concerns my family and I share regarding the impact this development will have upon our community, our resident and the other citizens living on Oka Road. We understand development is inevitable and it is just a matter of time before this last remaining orchard is turned into homes. The major issues lie in the density at which you are wanting to build. It demonstrates blatant disregard for the obvious negative impact your proposal will have on those that live on Oka Road. This development makes sense on a major street, not on a quaint neighborhood with limited access and space.

I strongly hope you to reconsider some major aspects of the development plan and address the above concerns. I believe open communication and collaboration are essential to ensure the project benefits both the developer and the community. I would appreciate the opportunity to discuss these issues further and explore potential mitigation strategies that could minimize the negative impacts on our neighborhood.

Thank you for your time and consideration.

Sincerely,
Rachel Mirassou-Hinojosa
For the Mirassou Family, Owners of Bonnie View Park

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From: Sashi Balasingam <
Sent: Tuesday, December 17, 2024 10:28 PM
To: Erin Walters <[email protected]>;
Cc: Gitika Balasingam
Subject: Issues with Oka Road housing development
[EXTERNAL SENDER]
Dear Ms.Walters, and Ms.Menne,
I am writing as a long time resident in Oka Lane (Los Gatos), highly concerned with the newly proposed housing development on Oka Road. There are numerous factors related to this project that will create significant negative impact to our small community here. However, I would like to at least emphasize the following -

1. Safety hazards - Entire Oka road community has only one entry off Lark Ave, and its a dead-end on the far side. As such, any natural disasters related evacuation could be significantly worsened by the extra 138 family adding to extreme congestion and inevitably causing a catastrophe, having to use only one exit from the neighborhood.

2. Traffic overload - Oka road is only a single lane, and this development will significantly increase the congestion, and again, can cause significant delays for emergency vehicle access for any medical or fire incident down this road.

3. Large development - I understand this was supposed to be only a 68 housing unit project that was initially approved, but somehow it got doubled to 138 units now. Was this increase properly approved by the Los Gatos town council ?
Please address the above concerns in a realistic manner, and do re-consider this large development in our small Oka road community.

Sincerely,
Balasasindran Balasingam and Gitika Balasingam
, Los Gatos, CA)

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proposal for redwood trees must absolutely be eliminated, as redwood roots extend widely and could damage existing Bonnie View sewer and water pipes.

This modification probably reduces the number of townhouse units, but that is a good thing. The traffic impacts from the townhouses would be severe; we must minimize this as much as possible. We are next to the Los Gatos Creek floodplain. For decades, we in Northern California have been used to moderate weather, but with global warming, we can expect more violent, quickly forming storms that might produce several inches of rain per hour, as often happens in the Midwest and other parts of our country. Flooding in our area would be disastrous, as Oka Road is the only exit route for residents of Bonnie View, the West Mozart Avenue neighborhood, and the potential new townhouse complex. It would be unconscionable to make this potentially terrible situation even worse.

In summary, this proposal is ideally better suited for a location on Winchester or Los Gatos Boulevard, which are major thoroughfares in our area, rather than on a quiet residential street by the Los Gatos Creek like Oka Road. With the reality of the Builder’s Remedy law, it seems that the 14789 proposal will be developed in some fashion. However, it must be modified in a number of ways, including those I have specified.

Sincerely,
James Drozdiak
(Word file of this email is attached)

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December 15, 2024
Dear Los Gatos Planning Department and Urban Catalyst,
As a resident of Bonnie View mobile home park and as someone who cares deeply about the future of our wonderful town of Los Gatos, I am responding to the 14789 Oka Road development proposal.

This potential development will severely impact the North Los Gatos community, and you will certainly receive substantial feedback. Please include the following three modifications to the development proposal.

1. The 14789 proposal includes the removal of a protected oak tree. This tree is part of what gives Los Gatos its special character of rustic beauty in an urban setting, and must be preserved. The plan should be modified, such as curving the sidewalk around the tree and having buildings a reasonable distance away from the tree.

2. All of the buildings in the Oka Road area are two-story buildings, but the 14789 proposal includes three-story buildings. This would block views, restrict natural lighting and could violate privacy for both Bonnie View and new townhouse residents. Please set a limit of two stories.

3. The 14789 proposal only has 22 spaces for guest parking. This is far less than what is needed.

Currently, on any given day, there are no available parallel parking spaces on Oka Road by the JCC and the Los Gatos Gardens apartment complex, or by Bonnie View. This situation is very inconvenient for residents and visitors, and since Oka Road is only two lanes wide, it is potentially dangerous, as people accessing cars, as well as delivery trucks, often obstruct traffic. This would be made much worse by the 14789 proposal.

Bonnie View has about 30 visitor parking spaces for 71 units, and even that is not really enough.

The 14789 proposal should have at least 60 spaces. The best place for these would be along the edge of the north side of the 14789 property, next to Bonnie View, extending from Oka Road to the property boundary by Los Gatos Creek.

The current proposal for redwood trees must absolutely be eliminated, as redwood roots extend widely and could damage existing Bonnie View sewer and water pipes.

This modification probably reduces the number of townhouse units, but that is a good thing. The traffic impacts from the townhouses would be severe; we must minimize this as much as possible.

We are next to the Los Gatos Creek floodplain. For decades, we in Northern California have been used to moderate weather, but with global warming, we can expect more violent, quickly forming storms that might produce several inches of rain per hour, as often happens in the Midwest and other parts of our country. Flooding in our area would be disastrous, as Oka Road is the only exit route for residents of Bonnie View, the West Mozart Avenue neighborhood, and the potential new

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townhouse complex. It would be unconscionable to make this potentially terrible situation even worse.

Sincerely,
James Drozdiak

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* There's so much traffic coming in and out of Oka Road at Lark Ave, around a car every 2-5 minutes, and more during rush hours. The road is already inundated.
* In emergency situations, requiring evacuation of Oka Road, it would be virtually impossible to get out with the one point of ingress and egress.
- BVP (Bonnie View Park) = 71 homes
- Mozart (homes past BVP) = 74 homes
- Los Gatos Gardens Apts = 96 homes
- JCC & LG Swim and Racquet Club. Numbers will fluctuate depending on time of day = I am guessing at least 100+ cars during business hours.
* In emergency situations, an on/off-ramp could be installed in between Mozart and Lark, just past the water district property, that extends to Winchester Blvd. The off-ramp would be necessary as an additional exit route, if Oka to Lark Ave is blocked/impassable. * People leaving Oka Road would also run into issues competing to evacuate with the people using Lark Avenue from LG Blvd and Winchester.
* Entrance is already negatively affected, near entrance/exit points for our BVP community and the swim & racquet club, as well as traffic coming to and from Mozart, where Oka dead ends. * This will cause major congestion for all properties on a narrow section of road. * Evacuations create a dangerous situation as drivers currently must nudge in the street to make sure cars are not oncoming, for example: Delivery trucks and US Mail vehicles. * Unclear if there is any street parking along the front of the complex. If there is, this poses additional safety issues narrowing road and blocking entrance and exit viability. * Cars congesting the intersection to try to make the light. This also makes it difficult for oncoming opposing traffic to go in the direction necessary and could potentially block the intersection for emergency vehicle access.

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* Cars speeding and running lights to try to make the next light.

Alternative Solutions:

Development of this size makes sense on a major street (Example: LG Blvd, Winchester). Not on a quiet residential street with limited access.

I believe there are more suitable locations in the area where such housing developments could be built without compromising the existing quality of life for residents in our neighborhood. I urge the city to explore alternative options that better align with the community's needs and concerns.

In light of the above concerns, I kindly request that the city reconsider the approval of this housing development in its current proposed location. Thank you for taking the time to review my concerns. I hope that the city will carefully consider the potential implications of this development on our community's well-being and choose a course of action that best serves the interests of all residents.

Thank you,
Laura Katicich
Los Gatos, CA 95032
_____________________________________________________________ Other properties to consider, currently on the market:
https://www.loopnet.com/Listing/550-Showers-Dr-Mountain-View-CA/32959830/ https://www.redfin.com/CA/Los-Gatos/54-Cleland-Ave-95030/home/1503382 https://www.loopnet.com/Listing/209-Milbrae-Ln-Los-Gatos-CA/33909541/ https://www.loopnet.com/Listing/1282-1300-White-Oaks-Rd-Campbell-CA/31482072/ https://www.redfin.com/CA/Los-Gatos/105-Forrest-Ave-95032/home/1421352

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https://www.loopnet.com/Listing/16227-Maya-Way-Los-Gatos-CA/29451978/ Prime mixed-use building with established tenant in Downtown Palo Alto, steps away from University Avenue. Well-maintained 12,300 sqft two-story building with 50 ft frontage on Waverley Street in the heart of Palo Alto Commercial District
https://www.jeffreyhansen.com/homes/558-560-Waverley-St/Palo-Alto/CA/94301/158530889/ https://www.redfin.com/CA/San-Jose/3101-Starburst-Ct-95127/home/12180959 https://www.loopnet.com/Listing/20600-Aldercroft-Hts-Los-Gatos-CA/29992158/ https://www.mlslistings.com/property/ml81983618/5680-monterey-rd-gilroy-ca-95020 https://www.loopnet.com/Listing/2994-Huff-Ave-San-Jose-CA/31866067/

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From: BONNIE VIEW PARK
Sent: Thursday, February 6, 2025 12:40 PM
To: Erin Walters <[email protected]>;
Cc: [email protected]
Subject: Request for Meeting Regarding Oka Road Development Near Bonnie View Mobile Home Park [EXTERNAL SENDER]
Dear Mallory Menne & Team,
I hope this message finds you well. My family owns Bonnie View Park which abuts the proposed 14789 Oka Road development. I am writing on behalf of my family and the residents in regard to the proposed development.

We fully recognize and support the urgent need for additional housing in our area. However, in order to ensure that the development is mutually beneficial, we would appreciate the opportunity to discuss several concerns that we believe should be addressed for the benefit of both our community and the development project. These concerns include:
1 The potential impact on our new sewer system.
2 Proximity to our water main controls and backflow device. 3 The road’s close distance to our homes.
4 The sharp left turn at the entrance, which could pose a safety hazard, particularly for the children in the corner houses, whose bedrooms are only a few feet away from the turn. 5 Insufficient guest parking.
6 Evacuation routes and emergency access.

We are confident that, by working together, we can identify solutions that will allow the development to proceed in a way that minimizes disruption and maximizes safety for everyone. We also have some ideas on how we can adjust the plans to address these concerns, and we would welcome the opportunity to discuss them with you directly.

We believe a collaborative approach is key to ensuring that this development works for all stakeholders.

A site visit would provide the ideal forum to explore these issues in greater detail, and we would greatly appreciate the chance to meet with you at your earliest convenience.

Thank you for your time and consideration. We look forward to your response.

Best regards,
Rachel Hinojosa
Operations Manager
Bonnie View Park

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From: Karen Ettinger < >
Sent: Sunday, February 9, 2025 7:45 PM
To: Council <[email protected]>
Cc: Planning <[email protected]>; [email protected]; Rob Rennie <[email protected]>; Mary Badame <[email protected]>; Matthew Hudes <[email protected]>; Maria Ristow <[email protected]> Subject: SB330 & “Builder’s Remedy” Projects
[EXTERNAL SENDER]
Please do not succumb to developers with greedy eyes on our sacred local environment under State Bill 330 mandates with their “Builder’s Remedy” projects designated New Town, Ace, Blossom Hill, Capri, Union 76, etc.!
Town residents (& business owners who wisely know that our town’s unique village character draws tourism) are counting on you to disallow such inner-city style density and high-rise structures that close in our beautiful open skies and mountain vistas.

The imposition of universal density across our state is a threat to quality of life in California. The threats to our very existence were made obvious by the disastrous firestorms that have wiped out so much in our state’s southern communities recently.

Dense housing increases statistical risks:
>that more accidents can occur (such as a fire in an apartment kitchen or garage) >that more innocent people can be affected (with closer and more numerous neighbors) >that emergency responses will be more difficult (to reach and provide) >that escape is hampered (by congestion)
>that illnesses are more likely to spread
>that garbage & sewage can back up
>that water & power supplies can fail
>that air quality can deteriorate
>that natural animal & vegetal environments can be destroyed.

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As Los Gatos homeowners since 1969 and town residents since 1968, my family values local uniqueness — as well as the different characters of all communities that contribute to our state’s diversity of heritages and lifestyles.

We welcome neighbors of any culture, faith, ethnicity, sexuality or social status; but we ask you to defend local density and design restrictions that preserve the quality of life in which all of us have invested hard work and resources.

Although homelessness is a serious concern that I share, it has many causes other than “lack of housing supply.” Universal density development will not help those most vulnerable and needy (those disabled by mental illness and/or addiction, those untrusting of offered help, some who dislike structured living, etc.) — they need better public and charitable assistance programs.

For others, I believe the lack of affordable housing supply is caused more by the predominance of ownership by real estate investor groups and individuals — some out of state and country — whose only motive for ownership is to profit by renting or “flipping” sales of multiple properties at “whatever the market will bear”. In my opinion, such ownerships should be limited by law if we are really to solve the problem of housing monopoly and affordability.

Please stand up to state mandates on local zoning regulations and join other local governments in doing so.

With thanks for your service to Los Gatos,
Karen Ettinger
Sent from my iPhone

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From: Jim Drozdiak <
Sent: Monday, February 17, 2025 4:49:09 PM
To: Matthew Hudes <[email protected]>; Rob Moore <[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Maria Ristow <[email protected]>; Jim Drozdiak <[email protected]> Subject: For the Town Council: My response to the 14789 Oka Road proposal [EXTERNAL SENDER]
Town Council members,
As a resident of Bonnie View mobile home park, I want to make sure the Town Council considers the input from those of us affected by the 14789 Oka Road proposal.

As I noted in my email to the Town Planner (see below), we have a number of concerns about this project. One of the most important involves the Strategic Priority of Emergency Safety recently approved by the Town Council. Those of us in Bonnie View, as well as in the Los Gatos Gardens apartments and the West Mozart Avenue neighborhood, are entirely dependent on Oka Road for entrance and egress to our homes. During a disaster, such as flooding at the nearby Los Gatos Creek (which is now more likely due to increased risk of heavier rainstorms from global warming), we would be put in much greater danger because of the 14789 Oka Road development.

Ideally, there would be no such development on a two-lane road near Los Gatos Creek. But if, because the Builder's Remedy law, this project goes forward, it must be modified.

Currently, there are always - ALWAYS - cars parked on all parallel parking spaces on Oka Road near the Jewish Community Center, Los Gatos Gardens apartments and Bonnie View. The proposed plan for visitor parking
at the new development does not include enough spaces for visitor parking. It must be modified so that Hayden Lane (in the Revised Development Plan) is widened to include more visitor parking spaces from Oka Road to Los Gatos Creek. This could be done by eliminating the end units on the 7A and 7B sections of the Plan.

We would still be greater potential danger because of the 14789 development, but this modification would at least lessen the danger.

Sincerely,
James Drozdiak
----- Forwarded Message -----
From: Erin Walters <[email protected]>
To: 'Jim Drozdiak'
Cc: '[email protected]' <[email protected]>

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Sent: Monday, December 23, 2024 at 09:22:44 AM PST
Subject: RE: My response to the 14789 Oka Road proposal Hello Jim,
Thank you for your email regarding the proposed project at 14789 Oka Road.

Application
The application is currently pending and under review. The project requires Environmental Review. Currently there are no scheduled public hearings at this time. The project materials and project status can be found at the Town’s Pending Projects website page:
https://www.losgatosca.gov/2388/O
Public Comments
Your comments will be forwarded to the applicant and added to the public record. Your comments will be provided in the staff report packet when this item goes before the Planning Commission.

SB330 Applications
Information regarding the Town’s Senate Bill 330 development process, as well as a comprehensive list of the Senate Bill 330 preliminary and formal development applications that the Town has received are available for public review online at the following link:
https://www.losgatosca.gov/2875/Senate-Bill-SB-330.

Persons with questions or wishing to provide public comments on a specific project may email them to [email protected].

Joint Study Session – State Housing Laws: Senate Bill (SB) 330, Builder’s Remedy, and Density Bonus:

A Special Joint Town Council and Planning Commission Study Session was held to review State housing laws that apply to applications for housing projects in the Town, including:
o Senate Bill 330
o The "Builder's Remedy"
o Density Bonus Law
o The California Environmental Quality Act (CEQA)
The Staff Report and PowerPoint are available at the following link:
https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Packet0eba642b239048ed9537918c42769f0f.pdf You may also view the video recording on YouTube at the following link:
https://www.youtube.com/watch?v=GpUCPtROw48

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Notify Me
If you are interested in being notified of upcoming Planning Commission and Town Council public hearings, please sign up through the Town’s Notify Me information service: https://www.losgatosca.gov/list.aspx
Let me know if you have further questions.

Sincerely,
Erin Walters ● Associate Planner
Community Development Department ● 110 E. Main Street, Los Gatos CA 95030 Ph: 408.354.6867 ● 408-354-6872
www.losgatosca.gov ● [email protected]
COMMUNITY DEVELOPMENT HOURS:

Counter Hours: 8:00 AM – 1:00 PM, Monday – Friday
Phone Hours: 8:00 AM – 5:00 PM, Monday – Friday
TOWN CLOSURE NOTICE: Town offices will be closed from December 24, 2024, through January 1, 2025. Town offices will resume normal business hours on Thursday, January 2, 2025.

All permit submittals are to be done online via our Citizen’s Portal platform. All other services can be completed at the counter. For more information on permit submittal, resubmittal, and issuance, please visit the Building and Planning webpages.

Confidentiality Disclaimer
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this email and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.

P Think Green, please consider the environment before printing this e-mail.

From: Jim Drozdiak
Sent: Sunday, December 15, 2024 2:08 PM

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To: Bonnie View < Erin Walters <[email protected]>; Jim Drozdiak <
Subject: My response to the 14789 Oka Road proposal
[EXTERNAL SENDER]
December 15, 2024
Dear Los Gatos Planning Department and Urban Catalyst,
As a resident of Bonnie View mobile home park and as someone who cares deeply about the future of our wonderful town of Los Gatos, I am responding to the 14789 Oka Road development proposal.

3. The 14789 proposal only has 22 spaces for guest parking. This is far less than what is needed.

Bonnie View has about 30 visitor parking spaces for 71 units, and even that is not really enough. The 14789 proposal should have at least 60 spaces. The best place for these would be along the edge of the north side of the 14789 property, next to Bonnie View, extending from Oka Road to the property boundary by Los Gatos Creek.

Furthermore, there should be a hedge between the parking stalls and Bonnie View, to provide a sound barrier and to preserve as much privacy as possible, for both Bonnie View and new townhouse residents. A landscape designer should recommend plants for the hedge, which should grow to a reasonable height and be maintained by gardeners employed by the townhouse complex. The current proposal for redwood trees must absolutely be eliminated, as redwood roots extend widely and could damage existing Bonnie View sewer and water pipes.

This modification probably reduces the number of townhouse units, but that is a good thing. The traffic impacts from the townhouses would be severe; we must minimize this as much as

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ITEM NO. 1.
possible. We are next to the Los Gatos Creek floodplain. For decades, we in Northern California have been used to moderate weather, but with global warming, we can expect more violent, quickly forming storms that might produce several inches of rain per hour, as often happens in the Midwest and other parts of our country. Flooding in our area would be disastrous, as Oka Road is the only exit route for residents of Bonnie View, the West Mozart Avenue neighborhood, and the potential new townhouse complex. It would be unconscionable to make this potentially terrible situation even worse.

Sincerely,
James Drozdiak

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ITEM NO. 1.

From: Aleks Gerasimov
Sent: Wednesday, February 19, 2025 3:08 PM
To: Erin Walters <[email protected]>; Janette Judd <[email protected]>; Council <[email protected]>;
Subject: Proposed Development on Oka Rd - not Oka Ln! Please don't confuse LG residents [EXTERNAL SENDER]
Attached is my letter regarding concerns about the proposed development on Oka Road. I kindly ask you to review it and follow up at your earliest convenience.

Alelsandr Gerasimov
Los Gatos, CA
95032

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From: Aleks Gerasimov
Sent: Wednesday, February 19, 2025 3:16 PM
To: Erin Walters <[email protected]>; Janette Judd <[email protected]>; Council <[email protected]>;
Subject: Re: Proposed Development on Oka Rd - not Oka Ln! Please don't confuse LG residents [EXTERNAL SENDER]
On Feb 19, 2025, at 3:08 PM, Aleks Gerasimov > wrote:

Attached is my letter regarding concerns about the proposed development on Oka Road. I kindly ask you to review it and follow up at your earliest convenience.

Alelsandr Gerasimov

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Los Gatos, CA
95032
<Town Council Letter.pdf>

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February 18, 2025
Urgent Safety Concerns Regarding Oka Road Development Proposal Dear Ms. Walters, Mr. Judd, Los Gatos Town Council, and Ms. Menne, I am writing to formally express my deep concerns regarding the proposed development of 138 homes on Oka Road. Today, at approximately 1:00 PM - outside of peak traffic hours - a car accident occurred near the Lark Avenue intersection, completely blocking the road. This serves as a stark reminder of the already critical safety and accessibility issues on Oka Road.

As you are aware, Oka Road functions as a single-entry, single-exit route, making it particularly vulnerable in emergencies. Currently, the number of homes (homes that are north from JCC end of property towards Mozart Ave not including LGSRC) along this stretch is roughly equivalent to the 138 homes proposed for development. This means the project would double the number of households relying on this limited access road. If a single accident during nonpeak hours can cause a complete shutdown, what will happen when emergency vehicles, school buses, and residents all depend on this route daily? Today's accident personally impacted me - I was stuck in traffic for an extended period and was late for an important business appointment as a result. If this is the reality with current traffic levels, adding 100+ more homes will only make matters worse.

Additionally, I am extremely concerned about the safety implications of the proposed turn that directly impacts my home. Not only is this turn not standard, but it is also extremely sharp, increasing the danger for drivers and dramatically raising the risk of an accident. With an estimated 150+ vehicles entering daily, that translates to 54,750 vehicle entries per year. This significantly increases the chances of a vehicle-related incident. For context, the Storefront Safety Council estimates that approximately 60 vehicle-into-building crashes occur daily in the U.S., resulting in about 500 fatalities annually. Given the projected traffic increase near my home, the estimated probability of a vehicleinto-building crash occurring at this location is approximately 1.19% per year.

That number may not sound high to any of you, but if this were your property, I am 100% sure you would all join me in opposition and demand immediate action if the risk was even 0.01%. This is not just a statistic-it is my family's upcoming daily reality.

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From: [email protected] <[email protected]>
Sent: Tuesday, March 25, 2025 12:31 PM
To: Planning <[email protected]>
Subject: Online Form Submission #15733 for Community Development Contact Form [EXTERNAL SENDER]
Community Development Contact Form
First Name Rachel
Last Name Hinojosa
Email Address
(Required)
Phone Number
Tell Us About Your
Inquiry (Required)
Comment Regarding A Planning Project
Address/APN you are
inquiring About
(Required)
14789 Oka Road
Message (Required) The projects density is to high for the street. It would add upward of an additional 800+ vehicle trips a day on Oka Road.

Accessing Lark from Oka is already very difficult at peak times.

In the case of an emergency, the residents on our street would be trapped as accessing Lark would be impossible as Lark, Winchester and Los Gatos Blvd are all emergency evacuation routes laid out by the town. We only have one way in and out on Oka Road. There is no other possible alternative evacuation route. The proposed SB 330 builds within 1 mile of Oka road could add over 1,482 units to the area. This will impact the area significantly. I believe ALL of the projects need to be examined in a group EIR. These builds will create major safety hazards for all residents on Oka, Lark and surrounding streets.

Add An Attachment if
applicable
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From: [email protected] <[email protected]>
Sent: Tuesday, April 1, 2025 1:29 PM
To: Planning <[email protected]>
Subject: Online Form Submission #15767 for Community Development Contact Form [EXTERNAL SENDER]
Community Development Contact Form
First Name Carolyn
Last Name Drozdiak
Email Address
(Required)
Phone Number
Tell Us About Your
Inquiry (Required)
Comment Regarding A Planning Project
Address/APN you are
inquiring About
(Required)
14789 Oka Rd
Message (Required) How in the world is this project (and others now proposed) allowed to transgress so many of the reasonable requirements of planned developments in Los Gatos? Surely we can look holistically at our town's traffic congestion (current & future) and meet our Housing Element requirement some other way! We are a town of bright, connected people--we should NOT allow a small group of financially motivated developers to ruin the entire character of our town!
Are we STILL out of compliance with the H.E. modifications recommended by the HCD letter to Joel Paulson on Jan. 12, 2023?
Are we still NOT in substantial compliance over two years later??
Were the “necessary rezones” to put us in “substantial
compliance” not completed YET?
Were we actually sued by the attorney General and is that why NONE of the proposed HUGE developments now have to
comply with any reasonable constraints???
We have a town attorney, we have the smarts to look at the impact of GIANT developments (especially all clustered North

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of downtown) to wreak havoc on traffic & quality of life for our entire population!! Why are we not fighting harder??
Sen. Josh Becker said he/his staff had been able to work on a "technicality" angle in Menlo Park to mitigate the Builder's Remedy sledgehammer tactic there. PLEASE get serious
about our unique town & be passionate & resourceful &
relentless about fixing this problem!
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leave my wife and kids in car and carried a big grocery bag, walked 10min back home to avoid a melting ice cream.

There're a lot of seniors living inside, and my next neighbor needs to go to hospital on regular basis for chemotherapy.

Imaging what would happen if such situation happens and someone needs to head out for emergency. Also on 1/8/2025 a car rushed down the highway ramp, causing another road
blocking under the overpass (picture attached), and I was held for 5min before the police let me go in. That's two incidents within just years. The beyond regular high density plan could raise the potential hazardous situation more frequently.

2. Traffic congestion concern. As you also know, traffic is already bad for our small town. Every morning I need to leave home no later than 7:50 to send my kids to Van Meter
Elementary, which is merely 2.5 miles away to avoid tardy. On rainy days it takes even longer as everyone is sending kids via cars. Traffic is usually congested at the right turn from Lark to LG Blvg, and right before entering the school when there becomes only 1 lane. I see lots of car cuttings and rushes which also makes me hesitate to ride with the kids to school, as the road is already narrow, leaving very few room for the bike lane. There's also many traffic going in&out of this
neighborhood for the JCC and racquet and swim club. If more high density units are added, it would make the commute like a nightmare even before merging into Lark Ave. I personally got t-bone during this February ski break, when I was making a left turn from Oka to Lark after the light turning green and the other guy just trying to rush the red light and hit me. I won't be surprise for more such dangerous rushing behavior if people are stuck in this only one egress/ingress road.

3. This project is right next to the LG creek which is a wild life active area. I'm not an expert here and am sure your
environmental report will cover it well. I'm just curious what would be the potential future and long term impact with such a big high density project.

Thank you so much for your time reading my long comments and thoughts, and I really appreciate your time for considering my concerns. I totally understand the California and bay area housing crisis and our town also needs to comply with the state requirement. But this density is still too much for this small enclosed neighborhood. IMHO a more reasonable density

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setup should help the town increase the housing development requirement while not overwhelming the residents living inside.

Sincerely,
Mingwei
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From:

Sent: Friday, April 11, 2025 2:35 PM
To: Erin Walters <[email protected]>
Subject: 138-unit proposal on Oka Rd and SB 330
[EXTERNAL SENDER]
Hi Erin, hope you are well. Attached is a letter regarding the proposed project. Please distribute to all interested parties. Thank you, Gerry Mirassou

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April 8, 2025
To: Town of Los Gatos
From: Gerry Mirassou
Re: Proposed 138-unit Builder’s Remedy residential development on Oka Rd.

I, and my brother Clovis, are owners of Bonnie View Park which abuts the above-mentioned property to the north. My daughter, Rachel, has written to you earlier regarding our concerns of how this project will negatively impact our property as well as all the properties on Oka Rd. We have owned and operated Bonnie View since 1959 and have cooperated with the Town to maintain Bonnie View as a well operated and maintained development for low-and-moderate income households. We are currently undergoing a substantial investment in the entire infrastructure to ensure the long-term existence of Bonnie View. The proposed 138-unit project will negatively impact our residents as well as all the residents of Oka Rd.

I would venture that Bonnie View provides the most low-and-moderate income housing (71 units) in one site than anywhere else in the Town. In the early 2000’s we formed an ad hoc committee comprised of a Town representative, mobile home owners and ourselves to hammer out a mobile home park ordinance. The ordinance assures that the rents will remain consistent with CPI and that mobile home owners are protected upon resale. We have a well-maintained living environment and have always respected and worked with the Yuki family (owner of the parcel in question) on common issues throughout the years. Yet, we have not been contacted once by them or the developers regarding problems that may arise due to the construction of this project. In fact, we have reached out to the developer on at least two occasions and they have yet to respond.

I have zoomed in on both presentations with the joint Town Council and Planning Commission sessions regarding SB 330 and remained deeply concerned that the information presented by Ms. Kautz presumes that any SB 330 proposed project should be approved as a right with very few exceptions existing for denial or changes to submitted plans. It should be noted, however, that Ms. Kautz represents a law firm supporting affordable housing, and that there may be other opinions that may be less conclusive regarding outright approval of SB 330 projects. An opinion written by Christopher Elmendorf, a UC Davis School of Law Professor, points out the ambiguities of SB 330, especially those related to “development standards”. What are quantifiable development standards and which may be applied to SB 330 projects? During the sessions there was some discussion regarding SB330 projects and compliance with State regulations. If this is the case, then Oka Rd. is already not in compliance with State regulation regarding the length of dead-end roads (Ca. Code Regs. Title 14 subsection 1273.08).

The maximum length far exceeds State standards for parcels less than one acre to 5-19.99 acres.

Parcels on Oka Rd to the single-family Mozart area just north of the Hiway 85 overpass range from less than one acre to less than 10 acres. Thus, the maximum length for parcels under 0ne acres should be 800 feet, and for those up to ten acres should be 2,640 feet. Oka Rd and the

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dead-end Roads accessing Oka Rd. are far greater. Furthermore, Cal. Code Regs Title 14 subsection 1273.05 requires turnarounds of a minimum 40’ in diameter and where parcels are zoned five acres are larger, turnarounds shall be provided at a maximum of 1,320 foo intervals Oka Rd. has no turnarounds and should have at least 3. Thus, the proposal only further exacerbates the already existing nonperformance on Oka Rd.

Traffic and Parking are also substantial negative impacts of the proposed project. A 2010-2014 Weekday Traffic Volume chart for Los Gatos Streets indicates 3,634 vehicle per day on Oka. I could not locate a more recent study, but I would presume it has only increased due to the additional services provided by the JCC and church. This project will add an additional 828 units per day. When the remaining residentially zoned properties on Oka are developed an additional 1,140 trips will be generated, which will add a total of 1,968 trips per day on Oka, for a total of 5,602 trips day. Trip generation data was derived from Institute of Traffic Engineers data. (see attached chart)
On-street parking is already an issue on Oka Rd. Anywhere along developed portions of Oka Rd., there are few vacant parking spaces. Bonnie View has 33 off-street parking spaces on site, yet the on-street parking in front of the swim and racquet club is always full. The proposed project is providing only 22 off-street spaces and will have about twice as many units. It is unclear if there will be any on-street parking in front of the proposed project for overflow parking, but even if there is, there will be few available legal parking spaces near the project. I just do not understand how traffic and parking impacts cannot be considered major impacts. They already are creating difficulties and the proposed project will only make it worse.

Other impacts that directly affect us include the driveway to the project being so close to mobile homes in our park that it creates a constant noise impact. Proposed tree planting so close to the north property line that will, over time, impact water and sewer lines along our south property line, and the visual and privacy intrusion of three stories so close to mobile homes is disconcerting. What is most concerning, as mentioned earlier, is that we have not been contacted by the property owner nor the developer about their project and how it might impact us. Even after we have reached out to them, they have not responded. Perhaps, they realize the negative impacts they will create and just don’t care.

In closing, I wish to relate how disappointed and disillusioned we are regarding this entire situation with SB330 in general and to us in particular. Had the Town done its due diligence and submitted an acceptable and timely Housing Element, we would not be in this situation. Now, in order to accommodate low-and-moderate-income housing, it is in a reactionary mode with developers taking advantage of the development liberties provided to pad their bottom lines.

Jurisdictions in Silicon Valley have known for decades that growth was imminent and that the inelastic demand for real estate would imminently drive up prices. Yet, jurisdictions only chipped away at the problem rather creating long-term proactive plans to confront the problem. Now that it is a major problem and situations like SB330 are in place to deal with the lack of affordable housing, surrounding neighborhoods have to deal with the negative consequences of these knee-jerk and impacting proposals.

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Yes, it surely is helpful to local jurisdictions like Los Gatos, because it assists them, in a more timely manner, to meet their state mandated affordable housing goals. However, the surrounding residents bear the brunt of the impacts so that the jurisdictions can meet their mandated housing objectives. I certainly hope that the Town of Los Gatos will take into consideration our concerns and all the concerns related to you by its residents regarding the consequences of these SB330 projects. They violate sound planning and safety principles created over the years to avoid conflicting land uses and the problems they create. It appears developers recognize this and are using it to their advantage. The Town of Los Gatos is ultimately responsible for the health, safety and general welfare of its citizens, and I trust that will be foremost in your consideration of this matter. Thank you for your consideration.

Sincerely,
Gerry Mirassou
Co-owner, Bonnie View Park

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OKA ROAD DAILY TRIPS ASSESSMENT

EXISTING
Oka Rd. Residential Existing Units trips/day
Bonnie View Park 71 5/unit = 355
Mozart 74 9/unit = 666
Los Gatos Gardens 96 6/unit = 576
TOTAL 241 1,597
Oka Rd. non residential
JCC, office, church, Los Gatos S&R 4 2,037
Total Existing Trips 3,634
(Weekday traffic Volumes 2010-14)

TRAFFIC IMPACT WITH REMAINIG RESIDENTIAL BUILD OUT
Oka Rd. Total units (Lark Ave. Area)
(Town Housing Element – proposed) New Units trips/day
CalTrans Right of Way 69 6/unit = 414
Proposed project 138 6/unit = 828
East Side Parcels 121 6/unit = 726
Estimated Total Added Daily Trips 328 1,968
Total Daily Trips After Build Out 5,602
------------------------------------------------------------------------------------------------------------------------------------------ The proposed project will add 828 daily trips to Oka Road which will increase the daily trips on Oka Rd. from 3,634 to 4,462. Also, when the CalTrans property is developed (the parcel between Bonnie View and Hiway 85) with 69 units and the orchard abutting and behind the apartments is developed with 121 units, The total Oka Rd. trips will increase to 5,602.

Furthermore, in the North Forty development we can expect 800 total residential units that will create 4,800 vehicle trips/day and 81,000 square feet of commercial/office space that will create 3,708 daily vehicle trips. This totals 8,508 that will be beginning and ending trips on Lark Ave. and Los Gatos Blvd. If the Ace Hardware property is developed with 182 residential units, as proposed, another 1,092 vehicle trips will be added to the Lark Ave./Los Gatos Blvd. corridors. Thus, 9,600 vehicle trips will be added once the Noth Forty and Ace Hardware site are completed.

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From: [email protected] <[email protected]>
Sent: Thursday, May 1, 2025 9:55 PM
To: Planning <[email protected]>
Subject: Online Form Submission #15863 for Community Development Contact Form [EXTERNAL SENDER]
Community Development Contact Form
First Name Field not completed.

Last Name Field not completed.

Email Address
(Required)
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Tell Us About Your
Inquiry (Required)
Comment Regarding A Planning Project
Address/APN you are
inquiring About
(Required)
143-151 E. Main St
Message (Required) Letter to Council requesting EIR for SB 330 projects Add An Attachment if
applicable
scan0789.pdf
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From: [email protected] <[email protected]>
Sent: Friday, May 9, 2025 7:53 PM
To: Planning <[email protected]>
Subject: Online Form Submission #15894 for Community Development Contact Form [EXTERNAL SENDER]
Community Development Contact Form
First Name Julia
Last Name Morcos
Email Address
(Required)
Phone Number
Tell Us About Your
Inquiry (Required)
Comment Regarding A Planning Project
Address/APN you are
inquiring About
(Required)
14789 Oka Road
Message (Required) Hello! I just wanted to let you know that I am in full support of this housing development! California needs more housing. I'll try to be at the meeting this Thursday to say this in person, but I wanted to send a message in case I can't make it. Thank you! Add An Attachment if
applicable
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From: [email protected] <[email protected]>
Sent: Wednesday, May 14, 2025 4:19 PM
To: Planning <[email protected]>
Subject: Online Form Submission #15926 for Community Development Contact Form [EXTERNAL SENDER]
Community Development Contact Form
First Name Brent
Last Name Ventura
Email Address
(Required)
Phone Number
Tell Us About Your
Inquiry (Required)
Comment Regarding A Planning Project
Address/APN you are
inquiring About
(Required)
14789 Oka Rd
Message (Required) Letter requesting EIR for project
Add An Attachment if
applicable
scan0791.pdf
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Diane Dreher
Sent: Monday, May 19, 2025 5:47 PM
To: Erin Walters <[email protected]>
Subject: Concern about the proposed Oka Road development [EXTERNAL SENDER]
Dear Erin Walters and the Los Gatos Town Planning Department Members:

As a concerned Los Gatos citizen, I am writing to express my strong opposition to the proposed 14789 Oka Road development. I believe it is crucial to share my concerns about this development project.

While we need to increase our housing options to meet the needs of the growing population with thoughtful planning and responsible action, the proposed Oka Road project is not a viable option because of fire evacuation danger.

Oka Road would not allow the residents to evacuate in case of fire. They would be trapped on this narrow, two-lane road with no other way to escape. The danger of fire is a vital concern to Los Gatos major Matthew Hudes, and being addressed by the Los Gatos Town Council this week.

There are other proposed developments—15 total in fact—in Los Gatos, which would increase our town’s population dramatically. I am concerned that the current infrastructure—water, sewage, etc—could not support such a dramatic rise in population.

I'd like to see an environmental impact study conducted, with the results shared at a future Town Council meeting.

I appreciate your attention to this matter as we work together to create a better future for our town of Los Gatos.

Sincerely
Diane Dreher
Los Gatos, CA 95032
--

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From: Emma R. Kessler < >
Sent: Monday, May 19, 2025 3:18 PM
To: Erin Walters <[email protected]>
Subject: Oka Rd Development Issues
[EXTERNAL SENDER]
Erin,
I am writing to express my opposition to the proposed development at 14789 Oka Road.

This project will impact public safety and the quality of life in our neighborhood and these concerns must be addressed:

1. Public Safety and Emergency Access: The location of this project has only one viable point of ingress and egress from the neighborhood, posing a critical risk in the event of an emergency evacuation. This limitation could endanger the hundreds of residents who live down Oka Road, the patrons at the JCC (many of whom are children and seniors), and emergency responders alike. We have already seen this risk play out with the fire at the Los Gardens complex a few years ago, which resulted in Oka Rd being closed to residents in both directions on a school day.

2. Traffic Congestion and Safety: We are all already familiar with the frustrating and dangerous traffic on Lark and Los Gatos Blvd. These issues would be even further exasperated with the addition of more condensed housing in this area. I have expressed my concern about this previously to the LG-Monte Sereno Police Dept, as I fear for my children's safety each time we cross Lark on the way to and from school. I see someone run that red light almost daily, even with a child waiting to cross at the crosswalk. We have already seen this risk play out in this neighborhood, with a father being killed after being hit by a car on the corner of Lark and Garden Hill several years ago.

3. Viable Alternatives: There are more appropriate locations in the region that could accommodate new affordable housing without disrupting established residential areas or adding tons of overpriced units that will sit vacant for years (see North 40). I strongly encourage Los Gatos to consider these alternatives to preserve neighborhood integrity and public safety. I also would ask the town to push back on the number of units the developer can squeeze into this space, and require them to

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pay to increase the traffic infrastructure nearby (such as paying to have red light cameras installed) as a condition of their development.

Given these issues, I respectfully urge the city to deny approval for this project in its current form and consider the alternatives above. The risks and consequences to our community are too great to overlook.

Thank you for your attention to this matter.

Sincerely,
Emma Kessler
Los Gatos, CA

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From: S SERVER
Sent: Sunday, May 18, 2025 11:37 AM
To: Erin Walters <[email protected]>; [email protected] Cc: [email protected]
Subject: 14789 Oka Rd Development
[EXTERNAL SENDER]
May 18, 2025
To Whom It May Concern,
I hope this letter finds you well. I am writing to express my strong opposition to the proposed 14789 Oka Road development that is currently under consideration. As a concerned resident and taxpayer in our community, I believe it is crucial to voice my concerns about this development project. While I understand the importance of responsible urban planning and addressing housing needs of our growing population, I am deeply concerned about the potential negative impact this development could have on the surrounding neighborhood and, specifically, my property.

My primary concerns are as follows:

1. **Safety Concerns – In an emergency situation where an evacuation would be necessary on Oka Rd, there is one point of ingress and egress, at the intersection of Oka Rd and Lark Ave. In a situation where the road to Lark Ave is closed or blocked off, there would be no way for the residents of Bonnie View MHP to safely evacuate.

The residents of Bonnie View Park have been told there is a locked gate at the back of our MHP we can climb, then walk roughly .75 mile to another locked gate near Lark Ave we can climb to escape. As a senior citizen with mobility issues, that would not be an option for me. I can neither climb a fence nor walk for .75 mile.

2. **Traffic Impact – In an emergency situation where an evacuation would be necessary on Oka Rd, there is one point of ingress and egress, at the intersection of Oka Rd and Lark Ave. In a situation where the road to Lark Ave is open, there would be so many residents trying to evacuate from the apartments on Oka Rd and the townhouse development on Oka Rd, it would be impossible for the residents of Bonnie View MHP to safely evacuate. Oka Rd is a one lane road, it can not

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accommodate the number of vehicles that would need to evacuate in an emergency situation, especially if emergency vehicles were needed on the street at the same time.

3.**Alternative Solutions: – I believe there are more suitable locations in the area where such housing developments could be built without compromising the safety of residents in our neighborhood. I urge the city to explore alternative options that better align with the community's needs and concerns. In light of the above concerns, I kindly request that the city reconsider the approval of this housing development in its current proposed location.

Thank you for taking the time to review my concerns. I hope that the city will carefully consider the potential implications of this development on our community's well-being and choose a course of action that best serves the interests of all residents.

Thank you,
Susan Server
, Los Gatos

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From: Carolyn Drozdiak
Date: Fri, Jun 6, 2025 at 12:45 AM
Subject: Re: Safety suggestions for the 14789 Oka Road, Los Gatos, CA development proposal
To: BONNIE VIEW PARK , <[email protected]>,
<[email protected]>,
To: Los Gatos Planning Department , LG Town Council,
Urban Catalyst & Erin Walters
Cc: Rachel Hinojosa
From: Carolyn Drozdiak
Date: June 6, 2025
Re: Safety suggestions for14789 Oka Road, Los Gatos, CA development proposal Dear all,
I am a long time Los Gatan and currently reside on Oka Road in Los Gatos.

I support the building of “affordable” housing in Los Gatos & other CA municipalities. I also understand the economics of building conventional affordable housing here appear to demand higher densities for developers to make a profit. I even like much of the look of this proposed 14789 Oka Road development.

However, there are a few realities with respect to safety for all that I think we need to address as this project proposal goes forward:
· There is only one way for residents of Oka Road to get to their homes—that is through the intersection of Lark Ave. & Oka Road.
· Currently the single intersection of Lark Ave & Oka Road handles 1548 residential ingress & egress trips daily
And 1500 business ingress/egress trips daily
Together that is over 3,000 entrances into that one intersection daily!

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So managing vehicular volume (residential safety along a short narrow road where pedestrian residents walk to the Los Gatos Creek Trail along Oka Road daily) is CRITICAL.

SITUATION:

It is a given that we cannot legally object to the high (138 unit) density project based on the invocation of the Builder’s Remedy, and the many allowed waivers re: setbacks, height constraints, parking spaces, etc. allowed under the State Density Bonus Law.

The 14789 Oka Road project will probably be built substantially as proposed…. However… I do have a few suggestions which I believe could help this new development work MUCH better for the safety of all who live (and will live) on Oka Road.

ISSUE/CHALLENGE: ENSURING SAFETY FOR ALL OKA ROAD PEDESTRIANS Residents of Oka Road & the Mozart neighborhood walk and bike to the Creek Trail along Oka Road daily. Many more from the new 14789 complex will likely also do so.

As there will be so much more traffic on this very short stretch of Oka Road daily, it will be important to ensure that the speed of all this additional car traffic is kept to a reasonable 25 mph or less. Where there is currently school traffic and probable foot traffic to the Los Gatos Creek Trail, it will be important to slow down traffic quite a bit.

SOLUTION 1-- SPEED BUMPS:

We will need to install speed bumps along Oka between Lark Ave and the 85 overpass. Sadly, not all currently follow the existing speed limit of 25, so it is really important to prepare for additional busy commuters and pedestrians who will be using this very small stretch of Oka Road daily (and often at dusk after work & school).

SOLUTION 2--WELL DESIGNED SIDEWALKS & BIKE LANES:

Even if cars drive more slowly, Oka Road is still only a single lane in and out for both current and future residents. Therefore, the proposed sidewalks should be wide, and allow safe passage for bikes (separate lane) and foot traffic all along the side where Bonnie View, the new 138 home 14789 Oka Road development, the JCC (Jewish Community Center) and Legacy Church are located.

ISSUE/CHALLENGE: POTENTIAL TRAFFIC ACCIDENTS, BOTTLENECKS There is already traffic congestion in the morning and evening (during commute times especially) on Oka Road where patrons enter the LGSRC (Los Gatos Swim & Racket Club)

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parking lot, residents enter & exit the Bonnie View complex and residents of the Mozart neighborhood drive along Oka Road heading to or from Lark Ave.

On the drawings I have seen, one leg of new 14789 development’s “U shaped” road is currently placed very close to both the Bonnie View homes along the current orchard fence…AND it is placed directly across from the vehicular entrance to the LGSRC. This does not look very safe or wise to me.

It is very important to ensure that this new development does not worsen that congestion or create an unsafe pedestrian environment.

SOLUTION 1—DEVELOPMENT’S VEHICLE ENTRANCE/INGRESS PLACEMENT To avoid a lot of congestion at that single point where the LGSRC and Bonnie View entrances already have enough traffic (especially during mornings and after work!) I suggest that the entrance to the new 14789 development (the ingress leg of the 14789 “U shaped” road) needs to run parallel to Lark Ave. and be immediately adjacent to the JCC parking lot. This logical adjustment prevents bottlenecks especially in the evening as vehicles seek to turn into both Bonnie View and the LGSRC at that same time.

SOLUTION 2—DEVELOPMENT’S VEHICULAR FLOW
The 14789 “U shaped” road needs to be one way and proceed in a one-way clockwise direction into (and through) the new 14789 complex. The one-way road should allow Urban Catalyst to minimize the width required for the “U shaped” road (perhaps allowing more park space within the complex).

SOLUTION 3—DEVELOPMENT’S EXIT/EGRESS: ADJUSTED PLACEMENT I propose that the placement of the “exit leg” of the14789 development’s “U shaped” road be modified slightly. The last egress/exit leg of the 14789 development’s “U shaped” road should run parallel to Lark Ave (and back out to Oka Road) through the middle of the new 14789 development. At a minimum, at least one row of the new 14789 buildings (from front to back) should be put next to the Bonnie View complex’s fence, such that at least one row of buildings would be between the Bonnie View complex’s fence and the new egress/exit leg of the 14789 complex’s “U shaped” road.

This adjusted placement will prevent vehicles exiting from the 14789 complex from running right into vehicles turning left onto Oka Road from from the LGSRC driveway! MODIFICATIONS A WIN/WIN-- FOR URBAN CATALYST & OKA ROAD COMMUNITY:

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By implementing these modifications to the current 14789 development proposal, I believe Urban Catalyst development team will earn the appreciation of both current and future residents of Oka Road, as well as the patrons of the LGSRC and Mozart area residents.

Truly listening to and addressing these safety concerns can and will foster much good will and appreciation from the community AND help to brand the Urban Catalyst group as a preferred partner in future community development proposals.

Carolyn Drozdiak

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From: Lana Gerasimova
Sent: Monday, September 29, 2025 11:00 AM
To: [email protected]
Cc: BONNIE VIEW PARK < >; Erin Walters <[email protected]>; Gary Heap <[email protected]>; [email protected]; Joel Paulson <[email protected]>
Subject: Proposal to Enhance Safety and Flow at Oka Rd Development Entrance [EXTERNAL SENDER]
Dear Urban Catalyst,
I hope you’re doing well. As current residents of the Bonnie View community, we’ve been following the plans for the Oka Rd development with a lot of interest and appreciation for the thoughtful work going into it. We also understand the unique challenges of this neighborhood from living here dayto-day, and we know you can bring the expertise and resources to make this project successful for everyone.

With that in mind, I’d love to share one idea that could improve both safety and the arrival experience for future residents. I’ve attached some images to illustrate it. The idea is to shift the entrance slightly to the left:
• This would soften what is currently a sharp 82-degree turn, making the entry safer and more natural for incoming traffic.
• It would also create a safer buffer for Bonnie View homes, where children’s bedrooms, play area, electrical panel and water hitter face the proposed entrance. • The road would follow the angle of the first two buildings, reinforcing a natural flow into the community.
• It even opens the possibility for nicer landscaping, better visual separation between two communities and a future community name sign at the entry, if desired.

We truly appreciate your plan to add a concrete fence for safety. At the same time, because the fence will sit less than 5 feet from the corner of the first Bonnie View house (our house), we’re concerned it might not withstand a heavy vehicle impact (such as delivery truck) and could pose risks to the home’s electrical panel and water heater setting our house on fire, or running straight into our kids bedrooms. This small adjustment to the entrance location may help address that concern in a more lasting way.

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Overview of current proposed entrance:

Overview of safer entrance:

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Currently proposed entrance design:

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Safer Entrance Design:

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Since this change doesn’t impact unit count, it feels like a rare win-win! One of those moments where a slight design shift can dramatically improve both livability and safety. We’d love the chance to explore this together with you, combining your expertise with our local perspective to make the best outcome for everyone.

Thank you for your time and consideration. We look forward to working together on this.

Warm regards,
Lana

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From: BONNIE VIEW PARK
Sent: Tuesday, May 19, 2026 11:50 AM
To: Planning <[email protected]>; Erin Walters <[email protected]>; Lana Gerasimova
Subject: 14789 Oka Road Development.
[EXTERNAL SENDER]
Letter To Los Gatos Planning Commission & Town Council – 14789 Oka Road Dear Members of the Planning Commission & Town Council, I will be out of town for the next month beginning tomorrow and, unfortunately, will be unable to attend the May 27th meeting regarding the proposed development at 14789 Oka Road.

I looked for the meeting agenda so I could direct my comments to the appropriate agenda item and recipient, but I was unable to locate a posted agenda at this time. As a result, I am submitting the following comments in hopes they may still be included as part of the written public comment record for this project.

While I understand the Town is facing significant challenges related to Builder’s Remedy projects, I do have concerns regarding the proposed development and its impacts on the surrounding neighborhood. I sincerely hope careful consideration is given to neighborhood safety, the effects on existing residents, and the practical impacts this project may have on the community. I also hope Urban Catalyst is held accountable for the commitments and representations it has made to us and the surrounding area.

I am writing regarding the proposed Builder’s Remedy project at 14789 Oka Road, which is immediately adjacent to our mobile home community on Oka Road.

As the neighboring property owner/operator, I have met with the developer, Eric Hayden, to better understand the project and to discuss practical measures to help reduce impacts on

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ITEM NO. 1.
our residents. I appreciate his willingness to engage directly with both myself and one of our residents, Lana Gerasimova, on specific site-related concerns.

Through these discussions, several project adjustments and mitigation measures were presented by the developer:

Tree placement and infrastructure protection: Trees previously proposed in close proximity (approximately three feet) to our property line and near newly installed sewer infrastructure—originally identified as redwoods—have been discussed as being replaced with less intrusive species, specifically Ginkgo biloba ‘Princeton Sentry’ trees. This shift from redwoods to a more narrowly structured and less intrusive tree species is an important consideration given the close proximity to our property line and existing underground infrastructure. In addition, the developer indicated that in-ground root barriers would be installed along the shared property line to further protect underground utilities.

Perimeter buffering: A substantial concrete wall along the shared property line was proposed to serve as a buffer for noise and light between the two properties, helping to preserve the livability of our community.

Site access and safety improvements: In response to concerns about a potentially hazardous entry configuration—specifically the risk of vehicles making improper turns toward a nearby home and children’s bedroom—the developer reviewed and expressed support for a revised entry design concept prepared by our resident, Lana Gerasimova. This alternative design improves both safety and overall site aesthetics, and we understand it is intended to be incorporated into the project plans.

My intent in sharing this information is simply to document the coordination that has taken place and the measures that have been discussed as part of that process. These items are meaningful to our residents, as they directly affect safety, infrastructure protection, and day-to-day quality of life along the shared boundary. It is our understanding that these previously discussed measures would be incorporated into the project as part of any

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ITEM NO. 1.
approval by the Town, and we look to the developer to be accountable for their implementation.

Separately, I note that due to the nature of Builder’s Remedy projects, the proposed development is not subject to typical local parking standards. As a neighboring property with already limited guest parking, we are mindful of the potential for overflow impacts.

While I understand the broader regulatory context, this remains an important consideration for our community.

We are committed to being constructive neighbors and to maintaining open communication if the project moves forward. Thank you for your time and consideration.

Sincerely,
Rachel Hinojosa
Operations Manager
Bonnie View Park

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
1 May 2026

INTRODUCTION
Section 15097 of the California Environmental Quality Act (CEQA) requires all State and local agencies to establish monitoring or reporting programs for projects approved by a public agency whenever approval involves the adoption of either a “mitigated negative declaration” or specified environmental findings related to environmental impact reports.

The following is the Mitigation Monitoring and Reporting Program (MMRP) for the 14789 Oka Road Project (proposed project). The intent of the MMRP is to ensure implementation of the mitigation measures identified within the Initial Study/Mitigated Negative Declaration (IS/MND) for this project. Unless otherwise noted, the cost of implementing the mitigation measures as prescribed by this MMRP shall be funded by the applicant.

COMPLIANCE CHECKLIST
The MMRP contained herein is intended to satisfy the requirements of CEQA as they relate to the IS/MND for the proposed project, prepared by the Town of Los Gatos. This MMRP is intended to be used by Town staff and mitigation monitoring personnel to ensure compliance with mitigation measures during project implementation. Mitigation measures identified in this MMRP were developed in the IS/MND that was prepared for the proposed project. The MMRP will provide for monitoring of construction activities as necessary and in-the-field identification and resolution of environmental concerns.

The proposed project IS/MND presents a detailed set of mitigation measures that will be implemented throughout the lifetime of the proposed project. Mitigation is defined by CEQA Guidelines, Section 15370, as a measure that:
• Avoids the impact altogether by not taking a certain action or parts of an action; • Minimizes impacts by limiting the degree or magnitude of the action and its implementation;
• Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment; • Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project; or
• Compensates for the impact by replacing or providing substitute resources or environments.

Monitoring and documenting the implementation of mitigation measures will be coordinated by the Town of Los Gatos. The applicant will be responsible for fully understanding and effectively implementing the mitigation measures contained within the MMRP. The Town will be responsible for monitoring compliance.

MITIGATION MONITORING AND REPORTING PROGRAM
The following table indicates the item number, the checklist questions the measure is designed to address, the measure text, the monitoring agency, implementation schedule, and an area for sign-off indicating compliance.

MITIGATION MONITORING AND REPORTING

PROGRAM
EXHIBIT 15

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
2 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
IV. Biological Resources
IV-a Have a substantial
adverse effect, either
directly or through
habitat modifications, on
any species identified
as a candidate,
sensitive, or special
status species in local
or regional plans,
policies, or regulations,
or by the California
Department of Fish and
Wildlife or U.S. Fish and
Wildlife Service?
Nesting Raptors and Migratory Birds
IV-1 If tree removal or ground disturbing activities
are scheduled to commence during the
breeding season (February 1st through August
31st), a pre-construction nesting bird survey
shall be conducted by a qualified biologist
within seven days prior to such activities to
identify possible nesting activity. Survey
results shall be submitted to the Town of Los
Gatos Planning Division. If active nests are not
found, further mitigation is not required. If one
or more active nests are found, a constructionfree buffer of suitable dimensions shall be established around any active raptor or
migratory bird nest for the duration of the
project, or until an on-site qualified biologist
has determined that the chicks have fledged
and are foraging independently from their
parents. The buffer shall be identified on the
ground with flagging or fencing. The buffer
distance shall be determined by the on-site
qualified biologist based on the species, level
of disturbance activity, location of the nest, and
the topography between the nest and the
construction activity; the construction-free
buffer shall consist of a minimum starting
distance of 250 feet for raptors and 25 feet for
other birds. Proof of compliance with this
mitigation measure shall be provided to the
Town of Los Gatos Planning Division.

Special-Status Bat Species
IV-2 Approximately 14 days prior to tree removal or
structure demolition activities, a qualified
Town of Los
Gatos Planning
Division
Town of Los
Gatos Planning
Within seven days
prior to tree removal
or ground disturbing
activities, if such
activities are
scheduled to
commence during
the nesting season
(February 1st through
August 31st)
Approximately 14
days prior to tree

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
3 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
biologist shall conduct a habitat assessment
for bats and potential roosting sites in trees to
be removed, in trees within 50 feet of the
development footprint, and within and
surrounding any structures that may be
disturbed by the project. These surveys will
include a visual inspection of potential roosting
features (bats need not be present) and a
search for presence of guano within the project
site, construction access routes, and 50 feet
around these areas. Cavities, crevices,
exfoliating bark, and bark fissures that could
provide suitable potential nest or roost habitat
for bats shall be surveyed. Assumptions can
be made on what species is present due to
observed visual characteristics along with
habitat use, or the bats can be identified to the
species level with the use of a bat echolocation
detector such as an “Anabat” unit. Potential
roosting features found during the survey shall
be flagged or marked.

If no roosting sites or bats are found, a letter
report confirming absence will be prepared
and no further measures are required.

If bats or roosting sites are found, a letter
report and supplemental documents will be
prepared prior to grading permit issuance and
the following monitoring, exclusion, and
habitat replacement measures will be
implemented:
a. If bats are found roosting outside of
the nursery season (May 1 through
Division removal or structure
demolition activities

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
4 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
October 1), they will be evicted as
described under (b) below. If bats are
found roosting during the nursery
season, they will be monitored to
determine if the roost site is a maternal
roost. This could occur by either visual
inspection of the roost bat pups, if
possible, or by monitoring the roost
after the adults leave for the night to
listen for bat pups. If the roost is
determined to not be a maternal roost,
then the bats will be evicted as
described under (b) below. Because
bat pups cannot leave the roost until
they are mature enough, eviction of a
maternal roost cannot occur during the
nursery season. Therefore, if a
maternal roost is present, a 50-foot
buffer zone (or different size if
determined in consultation with the
CDFW) will be established around the
roosting site within which no
construction activities including tree
removal or structure disturbance will
occur until after the nursery season.
b. If a non-breeding bat hibernaculum is
found in a tree or snag scheduled for
removal or on any structures
scheduled to be disturbed by project
activities, the individuals will be safely
evicted, under the direction of a
qualified bat biologist. If preconstruction surveys determine that there are bats present in any trees to
be removed, exclusion structures (e.g.

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
5 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
one-way doors or similar methods)
shall be installed by a qualified
biologist. The exclusion structures
shall not be placed until the time of
year in which young are able to fly,
outside of the nursery season.

Information on placement of exclusion
structures shall be provided to the
CDFW prior to construction.

If needed, other methods conducted under the
direction of a qualified bat biologist could
include: carefully opening the roosting area in
a tree or snag by hand to expose the cavity
and opening doors/windows on structures, or
creating openings in walls to allow light into the
structures. Removal of any trees or snags and
disturbance of any structures will be
conducted no earlier than the following day
(i.e., at least one night will be provided
between initial roost eviction disturbance and
tree removal/structure disturbance). This
action will allow bats to leave during dark
hours, which increases their chance of finding
new roosts with a minimum of potential
predation.

IV-e. Conflict with any local
policies or ordinances
protecting biological
resources, such as a
tree preservation policy
or ordinance?
IV-3 Prior to approval of final project improvement
plans, the project applicant shall prepare a tree
replacement plan for the three protected trees
being removed to comply with the Town
ordinances. The plan shall include the planting
of suitable native species that align with the
Town's guidelines for tree replacement. The
tree replacement plan shall include the
following standards and requirements:

Town of Los
Gatos Planning
Division
Prior to the approval
of final project
improvement plans

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
6 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
• All replacement trees shall be planted
within six months of the removal of the
protected trees, preferably during the
appropriate planting season to ensure
high survival rates.
• Newly planted trees shall receive
regular watering, mulching, and
protection from pests. A certified
arborist shall monitor their health and
provide necessary care during the first
two years to ensure successful
establishment.
• With respect to Tree #375: the tree
shall be replaced with six, 24-inch box
Coast Live Oaks (Quercus agrifolia).

The replacement trees shall be
strategically planted within the
property to ensure optimal growth
conditions and to restore the
ecological benefits provided by the
removed tree. Each replacement tree
shall be placed in locations that would
not interfere with existing
infrastructure or future construction
plans.
• With respect to Tree #17: the tree shall
be replaced with three, 24-inch box
native shade trees, such as Valley
Oaks (Quercus lobata) or California
Sycamores (Platanus racemosa). The
foregoing species would be suitable to
the local climate and would provide
substantial ecological benefits. The
trees shall be planted in designated

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
7 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
areas that would allow for their full
mature growth potential, ensuring the
trees would not impede future
development.
• With respect to Tree #64: the tree,
which is in poor health, shall be
replaced with three, 24-inch box native
trees, such as Black Walnuts (Juglans
hindsii) or California Buckeyes
(Aesculus californica). The
replacement trees would enhance
biodiversity and provide long-term
benefits to the local environment. The
planting locations shall be chosen to
maximize the trees’ chances of
thriving without conflicting with
existing or planned structures.

Progress reports shall be submitted to the
Town’s Planning Division at regular intervals,
detailing the health and growth of the
replacement trees. Photos and site inspections
shall accompany the reports to verify
compliance with the replacement plan.

V. Cultural Resources
V-b;
V-c
Cause a substantial
adverse change in the
significance of a unique
archaeological resource
pursuant to Section
15064.5; or disturb any
human remains,
including those interred
outside of dedicated
cemeteries?
V-1 If historic, archaeological, or paleontological
resources are encountered during subsurface
excavation activities, all construction activities
within a 100-foot radius of the resource shall
cease until a qualified archaeologist
determines whether the resource requires
further study. The Town shall require that the
applicant include a standard inadvertent
discovery clause in every construction contract
to inform contractors of this requirement. Any
Town of Los
Gatos Planning
Division
During construction,
if historic,
archaeological, or
paleontological
resources are
encountered during
subsurface
excavation activities

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
8 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
previously undiscovered resources found
during construction shall be recorded on
appropriate California Department of Parks
and Recreation forms and evaluated for
significance in terms of California
Environmental Quality Act (CEQA) criteria by
a qualified archaeologist. Potentially significant
cultural resources consist of, but are not
limited to, stone, bone, fossils, wood, or shell
artifacts or features, including hearths,
structural remains, or historic dumpsites.

If the resource is determined to be significant
under CEQA, the Town and a qualified
archaeologist shall determine whether
preservation in place is feasible. Such
preservation in place is the preferred
mitigation. If such preservation is infeasible,
the qualified archaeologist shall prepare and
implement a research design and
archaeological data recovery plan for the
resource. The archaeologist shall also conduct
appropriate technical analyses, prepare a
comprehensive written report and file the
report with the appropriate information center
(California Historical Resources Information
System), and provide for the permanent
curation of the recovered materials.

V-2 If human remains, or remains that are
potentially human, are found during
construction, all work shall be halted
immediately within 100 feet, and a professional
archeologist shall ensure reasonable
protection measures are taken to protect the
Town of Los
Gatos Planning
Division
Santa Clara
County Coroner
During construction,
if human remains, or
other remains that
are potentially
human, are found

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
9 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
discovery from disturbance. The archaeologist
shall notify the Santa Clara County Coroner
(pursuant to Section 7050.5 of the State Health
and Safety Code). The provisions of Section
7050.5 of the California Health and Safety
Code, Section 5097.98 of the California Public
Resources Code, and Assembly Bill (AB) 2641
will be implemented. If the Coroner determines
the remains are Native American and not the
result of a crime scene, then the Coroner will
notify the Native American Heritage
Commission (NAHC), which then will
designate a Native American Most Likely
Descendant (MLD) for the project (Section
5097.98 of the Public Resources Code). The
designated MLD will have 48 hours from the
time access to the property is granted to make
recommendations concerning treatment of the
remains. If the applicant does not agree with
the recommendations of the MLD, the NAHC
can mediate (Section 5097.94 of the Public
Resources Code). If an agreement is not
reached, the qualified archaeologist or MLD
must rebury the remains where they will not be
further disturbed (Section 5097.98 of the
Public Resources Code). This will also include
either recording the site with the NAHC or the
appropriate Information Center, using an open
space or conservation zoning designation or
easement, or recording a reinternment
document with the county in which the property
is located (AB 2641). Work cannot resume
within the no-work radius until the lead agency,
through consultation as appropriate,
NAHC, if the
Santa Clara
County Coroner
determines
remains are
Native American

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
10 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
determines that the treatment measures have
been completed to the Town’s satisfaction.

VII. Geology and Soils
VII-aiii;
VII-aiv;
VII-c
Directly or indirectly
cause potential
substantial adverse
effects, including the
risk of loss, injury, or
death involving:
seismic-related ground
failure, including
liquefaction; or
landslides; or be located
on expansive soil, as
defined in Table 18-1B
of the Uniform Building
Code (1994), creating
substantial direct or
indirect risks to life or
property?
VII-1 Prior to approval of any building permits, the
project Civil Engineer shall show on the project
plans that the project design adheres to all
engineering recommendations provided in the
site-specific Geotechnical Investigation
prepared for the proposed project by
Cornerstone Earth Group to ensure that the
recommended standards are incorporated into
the project design and construction, including
all relevant CBSC standards, to the
satisfaction of the Town’s Engineer. Such
recommendations shall include, but are not
limited to, the following:
• Foundations shall be designed to
tolerate the anticipated total and
differential settlements, consistent
with Section 8: Foundations, of the
Geotechnical Investigation;
• Surficial soils underlying on-site
locations intended for project
improvements, including buildings and
pavement areas, shall be removed to
avoid settlement;
• The removed surficial soils shall be
replaced with engineered fill,
consistent with Section 6: Earthwork,
of the Geotechnical Investigation; and
• Compliance with all applicable 2022
California Building Code (CBC)
standards shall be required, as
Town of Los
Gatos Building
Division and
Engineering
Division
Prior to approval of
any building permits
for the project

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
11 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
detailed in Section 7 of the
Geotechnical Investigation.

All grading and project improvement plans
shall be reviewed by a licensed engineer and
approved by the Town of Los Gatos Building
Division and the Parks and the Town of Los
Gatos Engineering Division.

X. Hydrology and Water Quality
X-a;
X-ci;
X-cii;
X-ciii
Violate any water quality
standards or waste
discharge requirements
or otherwise
substantially degrade
surface or ground water
quality; or substantially
alter the existing
drainage pattern of the
site or area, including
through the alteration of
the course of a stream
or river or through the
addition of impervious
surfaces, in a manner
which would: Result in
substantial erosion or
siltation on- or off-site,
substantially increase
the rate or amount of
surface runoff in a
manner which would
result in flooding on- or
offsite, or Create or
contribute runoff water
which would exceed the
X-1 Prior to any ground-disturbing activities, the
project applicant shall prepare and submit an
erosion and sediment control plan for review
and approval by the Town of Los Gatos
Engineering Division of the Parks and Public
Works Department. A Notice of Intent (NOI)
and Storm Water Pollution Prevention Plan
(SWPPP) shall be submitted to the San
Francisco Bay Regional Water Quality Control
Board for projects disturbing more than one
acre. A maximum of two weeks is allowed
between clearing of an area and
stabilizing/building on an area if grading is
allowed during the rainy season. Interim
erosion control measures, to be carried out
during construction and before installation of
the final landscaping, shall be included. Interim
erosion control methods shall include, but are
not limited to: silt fences, fiber rolls (with
locations and details), erosion control
blankets, Town standard seeding
specification, filter berms, check dams,
retention basins, etc. The project contractor
shall provide erosion control measures as
needed to protect downstream water quality
during winter months. The grading, drainage,
Town of Los
Gatos
Engineering
Division
Prior to any grounddisturbing activities

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
12 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
capacity of existing or
planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff?
erosion control plan and SWPPP shall be
prepared in compliance with applicable
measures contained in the amended
provisions C.3 and C.14 of most current Santa
Clara County National Pollutant Discharge
Elimination System (NPDES) Municipal
Regional Permit (MRP). Monitoring for erosion
and sediment control is required and shall be
performed by the Qualified SWPPP Developer
(QSD) or Qualified SWPPP Practitioner (QSP)
as required by the Construction General
Permit. Stormwater samples are required for
all discharge locations and projects may not
exceed limits set forth by the Construction
General Permit Numeric Action Levels and/or
Numeric Effluent Levels. A Rain Event Action
Plan (REAP) shall be developed 48 hours prior
to any likely precipitation event, defined by a
50 percent or greater probability as determined
by the National Oceanic and Atmospheric
Administration (NOAA), and/or whenever rain
is imminent. The QSD or QSP must print and
save records of the precipitation forecast for
the project location area from
(https://www.cpc.ncep.noaa.gov/) which shall
accompany monitoring reports and sampling
test data. A rain gauge is required on-site. The
Town of Los Gatos Engineering Division shall
conduct periodic NPDES inspections of the
site throughout the recognized storm season
to verify compliance with the Construction
General Permit and Stormwater ordinances
and regulations.

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
13 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
XIII. Noise
XIII-a Generate a substantial
temporary or permanent
increase in ambient
noise levels in the
vicinity of the project in
excess of standards
established in the local
general plan or noise
ordinance, or applicable
standards of other
agencies?
XIII-1 Prior to approval of grading permits, the
following criteria shall be established and
noted on grading plans, subject to review and
approval by the Town:
• Ensure that construction activities are
limited to the hours of 8:00 AM to 6:00
PM on weekdays and between the
hours of 9:00 AM and 4:00 PM on
Saturdays. Construction shall not be
permitted on Sundays or holidays;
• Temporary eight-foot noise barriers
shall be constructed along the north
and south property lines of the project
site to shield adjacent sensitive
receptors and residential land uses
from ground-level construction
equipment and activities. The noise
barriers shall be solid over the face
and at the base of the barrier to
provide a five dBA noise reduction;
• Equip all internal combustion enginedriven equipment with intake and exhaust mufflers that are in good
condition and appropriate for the
equipment;
• Unnecessary idling of internal
combustion engines shall be strictly
prohibited;
• Locate stationary noise-generating
equipment, such as air compressors
or portable power generators, as far
as possible from sensitive receptors
as feasible. If the equipment must be
Town of Los
Gatos
Engineering
Division
Prior to approval of
grading permits

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
14 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
located near receptors, adequate
muffling (with enclosures where
feasible and appropriate) shall be
used to reduce noise levels at the
adjacent sensitive receptors. Any
enclosure openings or venting shall
face away from sensitive receptors;
• Construction staging areas shall be
established at locations that would
create the greatest distance between
the construction-related noise sources
and noise-sensitive receptors nearest
the project site during all project
construction;
• Locate material stockpiles, as well as
maintenance/equipment staging and
parking areas, as far as feasible from
residential receptors;
• Control noise from construction
workers’ radios to a point where radio
noise is not audible at existing
residences bordering the project site;
and
• Designate a disturbance coordinator
responsible for responding to any
complaints about construction noise.

The disturbance coordinator shall
determine the cause of the noise
complaint (e.g., bad muffler, etc.) and
shall require that reasonable
measures be implemented to correct
the problem. Conspicuously post a
telephone number for the disturbance
coordinator at the construction site
and include the number in the notice

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ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
15 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
sent to neighbors regarding the
construction schedule.

Proof of compliance with the above measures
shall be submitted to the Town of Los Gatos
Building Department for review.

XIII-b Generate excessive
groundborne vibration
or groundborne noise
levels?
XIII-2 Prior to commencement of project construction
activities, the project applicant shall prepare a
Construction Vibration Plan to reduce
construction vibration levels to less than or
equal to 0.5 in/sec PPV. The project contractor
shall ensure compliance and implementation
of the plan throughout the construction period.

All plan tasks shall be in accordance with
industry-accepted standard methods. The
Construction Vibration Plan shall be submitted
to the Town of Los Gatos Community
Development Department and include, but not
be limited to, the following measures:
• A list of all heavy construction
equipment known to produce high
vibration levels to be used for this
project (e.g., dozers, graders,
excavators, saws, trucks, and
vibratory rollers) shall be submitted to
the Town, as well as a list of smaller
equipment (less than 18,000 pounds)
to be used near the northern project
site boundaries.
• A smaller vibratory roller similar to a
Caterpillar model CP433E vibratory
compactor shall be used when
compacting materials within 30 feet of
any adjacent residential buildings. For
Town of Los
Gatos Building
Division
Prior to the
commencement of
project construction
activities

Page 267 ends

ITEM NO. 1.

Mitigation Monitoring and Reporting Program
14789 Oka Road Project
16 May 2026

MITIGATION MONITORING AND REPORTING PROGRAM
14789 OKA ROAD PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
all other equipment, smaller
equipment (less than 18,000 pounds)
shall be used within areas 15 feet
adjacent to existing residential
buildings. The smaller equipment shall
be individually identified among the list
of equipment as a subset of
equipment allowed for use at the
project site boundaries.
• Avoid dropping heavy equipment and
using vibratory rollers within 30 feet of
the sensitive receptors adjoining the
project site. Use alternative methods
for breaking up existing pavement,
such as a pavement grinder, instead
of dropping heavy objects, within 30
feet of adjacent buildings to the north.
• Select orchard tree removal methods
that do not involve large impact tools
within 15 feet of the shared property
line with the residences to the north.

Portable jackhammers, saws, or
grinders shall be used to minimize
impacts to the ground.
• Designate a Disturbance Coordinator
responsible for registering and
investigating claims of excessive
vibration. The contact information of
the coordinator shall be clearly posted
on the construction site.

XVII. Transportation
XVII-c;
XVII-d
Conflict or be
inconsistent with CEQA
Guidelines section
15064.3, subdivision
XVII-1 Prior to approval of final improvement plans,
the plans shall include all relevant
recommendations as included in the
Transportation Analysis prepared by Hexagon
Town of Los
Gatos
Engineering
Division
Prior to approval of
final improvement
plans

Page 268 ends

Los Gatos City CouncilAugust 18, 2026

Los Gatos City Council
August 18, 2026