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Item 1 - Staff Report with Exhibits 1 through 10. 17020 Los Cerritos Drive
PREPARED BY: Erin Walters Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 07/10/2024 ITEM NO: 1 DATE: July 5, 2024 TO: Planning Commission FROM: Joel Paulson, Community Development Director SUBJECT: Requesting Approval for Site Improvements (Retaining Walls) Requiring a Grading Permit on Property Zoned HR-1. Located at 17020 Los Cerritos Drive. APN: 532-21-012 and -013. Architecture and Site Application S-24- 005. Categorically Exempt Pursuant to CEQA Guidelines Section 15304: Minor Alterations to Land. Property Owner: Sandra Campbell. Applicant: David Fox. Project Planner: Erin Walters. RECOMMENDATION: Consider approval for site improvements (retaining walls) requiring a grading permit on property zoned HR-1, located at 17020 Los Cerritos Drive. PROJECT DATA: General Plan Designation: Hillside Residential Zoning Designation: HR-1, Hillside Residential Applicable Plans & Standards: General Plan; Hillside Development Standards and Guidelines; and Hillside Specific Plan Parcel Size: 2.56 acres (111,513 square feet) Surrounding Area: Existing Land Use General Plan Zoning North Residential Hillside Residential HR-1 South Residential Hillside Residential HR-1 East Residential Hillside Residential HR-1 West Residential Low Density Residential R-1:8 PAGE 2 OF 11 SUBJECT: 17020 Los Cerritos Drive/S-24-005 DATE: July 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\07-10-2024\Item 1 - 17020 Los Cerritos Drive\Staff Report. 17020 Los Cerritos Drive.docx CEQA: Categorically Exempt Pursuant to CEQA Guidelines Section 15304: Minor Alterations to Land. FINDINGS: ▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15304: Minor Alterations to Land. ▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations). ▪ The project is in compliance with the applicable sections of the Hillside Development Standards and Guidelines (HDS&G) other than the requested exceptions for: grading outside of the Least Restrictive Development Area (LRDA); exceeding the maximum allowable retaining wall height (five feet); and exceeding the maximum allowable fill depths (three feet) for yards. ▪ The project is in compliance with the Hillside Specific Plan. CONSIDERATIONS: ▪ As required by Section 29.20.150 of the Town Code , the considerations in review of an Architecture and Site application were all made in reviewing this project. ACTION: The decision of the Planning Commission is final unless appealed within ten days. BACKGROUND: The subject property is 2.56 acres and contains an existing 4,692-square foot residence with a 525-square foot attached garage and associated site improvements. On May 22, 2012, the Development Review Committee (DRC) approved an Architecture and Site application (S-11-090) to remodel and construct an addition to the house. In September of 2012, building permits were issued and construction began on the house. In 2013, a building permit application was submitted for a new pool and site retaining walls , but was not issued as the proposed retaining walls did not meet the HDS&G. In February of 2016, the Building Department issued a stop work order for work that was done without permits on the subject property. The stop work order was issued because the work included site improvements requiring a grading permit, grading of 50 cubic yard s or more, PAGE 3 OF 11 SUBJECT: 17020 Los Cerritos Drive/S-24-005 DATE: July 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\07-10-2024\Item 1 - 17020 Los Cerritos Drive\Staff Report. 17020 Los Cerritos Drive.docx BACKGROUND (continued): without receiving approval of an Architecture and Site Application. In addition, retaining walls were built without approval of a building permit. In October of 2016, the applicant submitted an Architecture and Site application for the site improvements requiring a grading permit. On February 13, 2019, the Planning Commission considered the application and continued the matter to April 10, 2019, with direction to the application to provide a feasibility analysis for an alternative to restore the hillside areas (rear yard area and driveway area) to the grades that existed prior the construction of the unpermitted retaining walls. The Commission requested the applicant provide alternatives to mitigate the construction of the unpermitted retaining walls by meeting the following HDS&G to the maximum exten t possible: • Maximum exposed retaining wall heights of five feet; • Maximum exposed uninterrupted retaining walls lengths of less than 50 feet; and • Minimal exceptions for exceeding the maximum allowable cut and fill depths. The meeting minutes are included in Exhibit 4. The staff report can be found online here: www.losgatosca.gov/17020LosCerritosDr_PCFeb132019 The video of the meeting can be found online here: www.losgatosca.gov/17020LosCerritosDr_YouTubePCFeb132019 On April 10, 2019, the Planning Commission considered and approved design Alternative One for the driveway area and the rear yard alternative for Architecture and Site Application S-16- 065. The meeting minutes are included in Exhibit 5. The staff report can be found online here: www.losgatosca.gov/17020LosCerritosDr_PCApr102019 The video of the meeting can be found online here: www.losgatosca.gov/17020LosCerritosDr_YouTubePCApr102019 Architecture and Site Applications expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested by issuance of building permits and successful completion of first foundation inspection. On April 10, 2021, the Architecture and Site Application’s two-year expiration date was extended by an additional two years due to the COVID-19 Urgency Ordinance, resulting in a new expiration date of April 10, 2023. By virtue of the Governor’s Executive Order No. N-38-20, the expiration date was extended to May 28, 2023. PAGE 4 OF 11 SUBJECT: 17020 Los Cerritos Drive/S-24-005 DATE: July 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\07-10-2024\Item 1 - 17020 Los Cerritos Drive\Staff Report. 17020 Los Cerritos Drive.docx BACKGROUND (continued): On August 8, 2022, Building Permit B19-1154 was issued, however, no work has been performed on site in reliance on the building permit. Architecture and Site application S-16-065 was not vested before the expiration date of May 28, 2023, and expired. An Architecture and Site application is being considered by the Planning Commission as the applicant requests approval of a new Architecture and Site Application in order to complete the mitigation work that was approved by the Planning Commission on February 13, 2019. The scope of work has not changed. PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The property is located at 17020 Los Cerritos Drive, located on the west side of Los Cerritos Drive, approximately 180 feet ease of Crescent Drive (Exhibit 1). Surrounding properties contain single-family hillside residential development to the north, east, and south; and low-density single-family residential development to the west. B. Project Summary The applicant is requesting approval of an Architecture and Site application for site improvements requiring a grading permit. Unpermitted Work The unpermitted work occurred within two areas of the site (Exhibit 9, Sheet G4.0): a portion of the driveway area (northeastern section); and a portion of the rear yard (southwestern section). The following summarizes the scope of the work that was completed in the field without the benefit of permits: • Grading outside of the LRDA (on slopes over 30 percent) within the rear yard and driveway area; • Construction of a seven-foot tall retaining wall in the rear yard; • Cutting a maximum depth of nine feet, one-inch in the rear yard; • Construction of 100 continuous linear feet of retaining wall in the rear yard; • Construction of a 12-foot, four-inch retaining wall in the driveway area; • Cutting a maximum depth of 12 feet, one-inch in the driveway area; and • Construction of 122 continuous linear feet of retaining wall in the driveway area. The applicant’s proposed remedy is to retain the unpermitted retaining walls and construct additional shorter walls in front of the walls to create t iered walls. This would reduce the PAGE 5 OF 11 SUBJECT: 17020 Los Cerritos Drive/S-24-005 DATE: July 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\07-10-2024\Item 1 - 17020 Los Cerritos Drive\Staff Report. 17020 Los Cerritos Drive.docx PROJECT DESCRIPTION (continued): exposed retaining wall heights, break up portions of the continuous retaining wall lengths, and add landscaping between tiers. The remedy also includes the addition of buttresses to the existing retaining walls in order to meet structural requirements. The applicant has provided a scope of work and a letter of justification (Exhibit 6) describing the unpermitted completed work and proposed remedy with justification. The applicant has provided development plans showing existing conditions with the construction of the unpermitted walls (Exhibit 9, Sheet C6 of 7) and the proposed wall remediation plan (Exhibit 9, Sheet C2 of 7). C. Zoning Compliance A single-family residence is permitted in the HR zone. DISCUSSION: A. Architecture and Site Application Pursuant to the Town Code, an Architecture and Site application is required in order to apply for a grading permit. A grading permit is required for total cut and fill volumes greater than 50 cubic yards. The site was graded and retaining walls were constructed without permits. The applicant has proposed to build tiered walls in front of the unpermitted walls to reduce the exposed retaining wall heights, to break up the continuous retaining walls, and add landscaping at both the rear yard and driveway areas as described in Exhibit 9, Sheet C2 of 7, and discussed further below. B. Proposed Driveway Area Mitigation The project proposes to implement mitigation for the driveway area retaining walls. This proposed mitigation would include adding structural buttressing to the unpermitted retaining walls and terrace the retaining walls to bring the current site conditions into substantial conformance with the HDS&G (Exhibit 9, Sheet S1.0). Some of the grades outside of the LRDA would be restored to pre-violation conditions. Maximum exposed retaining wall heights would be reduced from 12 feet to seven feet. The uninterrupted retaining wall lengths would be reduced to approximately 33 feet. Additional engineered fill depths of four feet would be required (Exhibit 9). The proposed driveway area mitigation would require exceptions to the HDS&G as described on the following page. PAGE 6 OF 11 SUBJECT: 17020 Los Cerritos Drive/S-24-005 DATE: July 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\07-10-2024\Item 1 - 17020 Los Cerritos Drive\Staff Report. 17020 Los Cerritos Drive.docx DISCUSSION (continued): 1. Grading outside of the LRDA (on slopes over 30 percent); 2. Exceeding the maximum allowable retaining wall height of five feet; 3. Exceeding the maximum allowable fill depths (three feet) for yards. C. Proposed Rear Yard Area Mitigation The project proposes to implement mitigation for the rear yard area retaining walls. This proposed remedy would include adding structural buttressing to the unpermitted retaining walls beneath one tiered wall to bring the current site conditions into substantial conformance with the HDS&G (Exhibit 9, Sheet S2.0 and S2.1). Some of the grades outside of the LRDA would be restored to pre-violation conditions. Maximum exposed retaining wall heights would be reduced to five feet and uninterrupted retaining wall lengths would be reduced to approximately 23 feet. Additional engineered fill depths of three feet would be required (Exhibit 9). The proposed rear yard area mitigation would require the following exception to the HDS&G: 1. Grading outside of the LRDA (on slopes over 30 percent). D. Exceptions to the HDS&G In order to implement the proposed tiered mitigation walls the applicant is requesting several exceptions to the HDS&G. The analysis of the requested exceptions is summarized below. • HSD&G Section II.C. Standard 1- Grading outside of the LRDA The HDS&G requires that each development application identify and map the LRDA. This is to identify the most appropriate area or areas on the lot for locating buildings in the least constrained areas. One of the elements in determining the LRDA is topography with slope less than 30 percent. Grading and the construction of retaining walls occurred outside of the site’s LRDA in areas where slopes exceeded 30 percent in the rear yard area and driveway area (Exhibit 9, Sheet C2 of 7). The proposed remediation of introducing a series of tiered walls in front of the existing unpermitted walls does not mitigate grading work completed outside of the LRDA. The applicant’s request an exception from this standard. PAGE 7 OF 11 SUBJECT: 17020 Los Cerritos Drive/S-24-005 DATE: July 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\07-10-2024\Item 1 - 17020 Los Cerritos Drive\Staff Report. 17020 Los Cerritos Drive.docx DISCUSSION (continued): • HDS&G Section III.A. Standard 1- Exceeding the maximum allowable fill depths (three feet) for yards The HDS&G requires that the development of yards meet the required a maximum fill depth of three feet (Table 1 of the HDS&G, page 20). Absent adequate justification, cut and fill in excess of maximum levels are considered excessive and contrary to the objectives of the HDS&G. Project should only grade the minimum amount necessary to accommodate building and site structures consistent with slope contours. The proposed remediation introduces shorter walls to be built in front of the existing walls. The applicant requests an exception to the HDS&G to exceed the maximum allowable graded fill depth of three feet to accommodate the tiered retaining walls. The chart below summarizes the maximum graded cut and fill for the project. Maximum Graded Cut and Fills – HDS&G Maximum Cut Depths (feet) Maximum Fill Depths (feet) Allowed Unpermitted Cut Proposed Remediation Cut Allowed Unpermitted Fill Proposed Remediated Fill Site Work 4 feet Driveway 12 feet and 1 inches Rear Yard 9 feet and 1 inches Driveway 0 feet Rear Yard 0 feet 3 feet Driveway 3 feet Rear Yard 3 feet Driveway 4 feet Rear Yard 3 feet Bold- requires exception to the HDS&G • HDS&G Section VI.C. Guideline 1- Exceeding the maximum allowable retaining wall height (five feet) The HDS&G state that retaining walls should not be taller than five feet. Where additional retained portions are necessary due to unusual or extreme conditions (e.g., lot configuration, steep slope, or road design), the use of multiple-tiered lower retaining structures is preferred. The remediation at the driveway wall would introduce a tiered planter wall with the maximum height of seven-foot, four-inches in front of the unpermitted 12-foot, four- inch wall. The proposed remediation wall for the driveway wall would exceed the HDS&G five-foot wall height requirements. PAGE 8 OF 11 SUBJECT: 17020 Los Cerritos Drive/S-24-005 DATE: July 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\07-10-2024\Item 1 - 17020 Los Cerritos Drive\Staff Report. 17020 Los Cerritos Drive.docx DISCUSSION (continued): The retaining wall maximum height chart below provides a comparison of the allowed, unpermitted and proposed remediated wall height: Retaining Wall Height Maximum Height Allowed Unpermitted Walls Remediated Walls Driveway 5 feet 12 feet and 4 inches Proposed 7 feet and 4 inches Rear Yard 5 feet 7 feet Proposed 4 feet Bold - requires exception to the HDS&G • HDS&G Section VI.C. Guideline 4- Exceeding retaining wall lengths that run in a continuous direction for more than 50 feet without a break, offset, or planting to break up the long flat horizontal surface The applicant has proposed tiered planter walls to break up the continuous retaining walls at both the rear yard and driveway areas. The walls have a natural textured surface to help blend with the natural hillside (Exhibit 8). The applicant has included a conceptual landscape plan that will help screen the walls to mitigate their visual impact (Exhibit 9, Sheets L-2). A Condition of Approval has been included that the final landscape plan shall be in compliance with the HDS&G (Exhibit 3, Condition of Approval 9). The proposed Architecture and Site Application remediation plan for the unpermitted grading and retaining walls were approved by the Planning Commission on April 10, 2019 (Exhibit 4), and building permits were issued for the project, however the applicant let the Architecture and Site application expire. The proposed project is the same scope of work as approved by the Planning Commission on April 10, 2019. E. Grading/Geotechnical Review The property, in its current condition, features unpermitted retaining walls and grading activities, which include an estimated 1,360 cubic yards of cut. The proposed remediation tiered retaining walls will require additional fill (an estimated 86 cubic yards). The applicant’s structural engineering firm evaluated the unpermitted walls and determined that the walls are inadequate and required a buttress system to be installed. The proposed design includes adding a buttress system. The applicant submitted geologic investigations for review by the Town’s Geotechnical Consultant. The consultant concluded that the investigation and associated documents were satisfactory and complete. PAGE 9 OF 11 SUBJECT: 17020 Los Cerritos Drive/S-24-005 DATE: July 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\07-10-2024\Item 1 - 17020 Los Cerritos Drive\Staff Report. 17020 Los Cerritos Drive.docx DISCUSSION (continued): F. Tree Impacts On April 29, 2024, the Town’s Consulting Arborist revisited the site and provided an updated report providing the current condition of the trees on site (Exhibit 7). Tree protection will be provided on site per the report recommendations. G. CEQA Determination The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15304: Minor Alterations to Land. PUBLIC COMMENTS: Project identification signage was installed on the site and written notice was sent to property owners and tenants located within 500 feet of the subject property. Public comments received by 11:00 a.m., Friday, July 5, 2024, are included as Exhibit 10. Based on the public comment received by a neighboring property owner, Condition of Approval #3 has been included to restrict construction work hours to Monday through Friday from 8:00 a.m. to 5:00 p.m. and construction work is prohibited on Town Holidays to reduce noise for surrounding neighbors. CONCLUSION: A. Summary The project includes the following mitigation to both the driveway and the rear yard areas: adding structural buttressing; and terracing the unpermitted retaining walls to bring the current site conditions into substantial conformance with the HDS&G. The revised project would include maximum exposed retaining wall heights of five feet at the rear yard area, reducing the 12-foot exposed retaining wall height to seven feet at the Driveway Area, reducing the maximum exposed uninterrupted retaining wall lengths to less than 50 feet, and adding landscaping between the terraces. The proposed project would require exceptions to the HDS&G including grading outside of the Least Restrictive Development Area (LRDA); exceeding the maximum allowable retaining wall height (five feet); and exceeding the maximum allowable fill depths (three feet) for yards. Should the Planning Commission find merit with the proposed project the Commission may grant the exceptions to the HDS&G. PAGE 10 OF 11 SUBJECT: 17020 Los Cerritos Drive/S-24-005 DATE: July 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\07-10-2024\Item 1 - 17020 Los Cerritos Drive\Staff Report. 17020 Los Cerritos Drive.docx CONCLUSION (continued): B. Recommendation Based on the analysis above, staff recommends approval the Architecture and Site Application subject to the recommended conditions of approval (Exhibit 3). If the Planning Commission finds merit with the proposed project, it should: 1. Find that the proposed project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Quality Act, 15304: Minor Alterations to Land (Exhibit 2); 2. Make the finding the project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) (Exhibit 2); 3. Make the finding that the project is in compliance with applicable sections of the Hillside Development Standards and Guidelines other than the requested exceptions for: grading outside of the Least Restrictive Development Area (LRDA); exceeding the maximum allowable retaining wall height (five feet); and exceeding the maximum allowable fill depths (three feet) for yards (Exhibit 2); 4. Make the finding that the project is in compliance with the Hillside Specific Plan (Exhibit 2); 5. Make the required considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application (Exhibit 2); and 6. Approve Architecture and Site Application S-24-005 with the conditions contained in Exhibit 3 and the development plans in Exhibit 9. C. Alternatives Alternatively, the Commission can: 1. Continue the matter to a date certain with specific direction; or 2. Approve the application with additional and/or modified conditions; or 3. Deny the application. PAGE 11 OF 11 SUBJECT: 17020 Los Cerritos Drive/S-24-005 DATE: July 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\07-10-2024\Item 1 - 17020 Los Cerritos Drive\Staff Report. 17020 Los Cerritos Drive.docx EXHIBITS: 1. Location Map 2. Required Findings and Considerations 3. Recommended Conditions of Approval 4. February 13, 2019 Planning Commission Meeting Minutes 5. April 10, 2019 Planning Commission Meeting Minutes 6. Project Description and Letter of Justification 7. Consulting Town Arborist Report Month, Day, Year 8. Color Board 9. Development Plans 10. Public Comments Received Prior to 11:00 a.m., Friday, July 5, 2024 This Page Intentionally Left Blank C R E S C E N T D R LO S C E R R I T O SVISTA DE SIERRABOND CT VISTA DEL MONTE17020 Los Cerritos Drive 0 0.250.125 Miles ° EXHIBIT 1 This Page Intentionally Left Blank PLANNING COMMISSION – July 10, 2024 - DRAFT CONDITIONS OF APPROVAL 17020 Los Cerritos Drive Architecture and Site Application S-24-005 Requesting Approval for Site Improvements (Retaining Walls) Requiring a Grading Permit on Property Zoned HR-1. APN 532-21-012 and -013. Categorically Exempt Pursuant to CEQA Guidelines Section 15304: Minor Alterations to Land. PROPERTY OWNER: Sandra Campbell APPLICANT: David Fox TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. CONSTRUCTION HOURS: Construction work hours for this project are restricted to Monday through Friday, 8:00 a.m. to 5:00 p.m. and no construction on Town observed holidays. 4. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit. 5. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site. 6. TREE FENCING: Protective tree fencing and other protection measures shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall remain through all phases of construction. Include a tree protection plan with the construction plans. 7. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties. 8. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations identified in the Arborist’s report dated as receiv ed April 29, 2024 prepared by Monarch Consulting Arborists, for the project on file in the Community Development Department. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable. 9. LANDSCAPE PLAN: Prior to issuance of a building permit a landscape plan shall be provided and be incompliance with the Hillside Development Standards and Guidelines. 10. WATER EFFECIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. EXHIBIT 2 11. NESTING BIRDS: To avoid impacts to nesting birds, the removal of trees and shrubs shall be minimized to the greatest extent feasible. Construction activities that include any tree removal, pruning, grading, grubbing, or demolition shall be conducted outside of the bird nesting season (January 15 through September 15) to the greatest extent feasible. If this type of construction starts, if work is scheduled to start or if work already occurring during the nesting season stops for at least two weeks and is scheduled to resume during the bird nesting season, then a qualified biologist shall conduct a pre-construction surveys for nesting birds to ensure that no nests would be disturbed during project construction. If project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys. Two surveys for active nests of such birds shall occur within 14 days prior to start of construction, with the second survey conducted with 48 hours prior to start of construction. Appropriate minimum survey radius surrounding each work area is typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activitie s and increase the buffer if birds show signs of unusual or distressed behavior (e.g. defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. 12. SPECIAL-STATUS BATS: Approximately 14 days prior to tree removal or structure demolition activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees to be removed, in trees within 50 feet of the deve lopment 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 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 pre -construction surveys determine that there are bats present in any trees to be removed, exclusion structures (e.g. 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/stru cture 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. 13. ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS: a. In the event that archaeological traces are encountered, all construction within a 50- meter radius of the find will be halted, the Community Development Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations. b. If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines the remains are not subject to his authority, he will notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans. c. If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5( e). If the site is found to be a significant archaeological site, a mitigation program wi ll be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. d. A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. 14. DUSKY-FOOTED WOODRATS: This project will implement the following standard measures to minimize impacts on woodrats and active woodrat nests on the project site. • PRECONSTRUCTION SURVEY. A qualified biologist will conduct a preconstruction survey for San Francisco dusky-footed woodrat nests within 30 days of the start of work activities. If active woodrat nests are determined to be present in, or within 10 feet of the impact areas, the conditions below (Avoidance and/or Nest Relocation) will be implemented, as appropriate. If no active woodrat nests are present on or within 10 feet of impact areas, no further conditions are warranted. • AVOIDANCE. Active woodrat nests that are detected within the work area will be avoided to the extend feasible. Ideally, a minimum 10-foot buffer will be maintained between project activities and woodrat nests to avoid disturbance. In some situations, a small buffer may be allowed if, in the opinion of a qualified biologist, nest relocation (below) would represent a greater disturbance to the woodrats than the adjacent work activities. • NEST RELOCATION. If avoidance of active woodrat nests within and immediately adjacent to (within 10 feet of) the work areas is not feasible, then nest materials will be relocated to suitable habitat as close to the project site as possible (ideally, within or immediately adjacent to the project site). Relocation efforts will avoid the peak nesting season (February-July) to the maximum extent feasible. Prior to the start of construction activities, a qualified biologist will disturb the woodrat nest to the degree that all woodrats leave the nest and seek refuge outside of the construction area. Disturbance of the woodrat nest will be initiated no earlier than one hour before dusk to prevent the exposure of woodrats to diurnal predators. Subsequently, the biologist will dismantle and relocate the nest material by hand. During the deconstruction process, the biologist will attempt to assess if there are juveniles in the nest. If immobile juveniles are observed, the deconstruction process will be discontinued until a time when the biologist believes the juveniles will be capable of independent survival (typically after 2 to 3 weeks). A no-disturbance buffer will be established around the nest until the juveniles are mobile. The nest may be dismantled once the biologist has determined that adverse impacts on the juveniles would not occur. 15. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, includin g without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is no t obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation. 16. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed. Building Division 17. PERMITS REQUIRED: A Building Permit will be required for all retaining walls that support a surcharge. 18. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2017, are the 2016 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12. 19. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 20. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”. 21. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official, containing foundation, and retaining wall design recommendations, shall be submitted with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics. 22. SHORING: Shoring plans and calculations will be required for all excavations which exceed five (5) feet in depth, or which remove lateral support from any existing building, adjacent property, or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall confirm to the Cal/OSHA regulations. 23. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project Building Inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the Soils Report, and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the following items: a. Retaining wall(s) locations and elevations. 24. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the Architect or Engineer of Record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit. The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available online at www.losgatosca.gov/building. 25. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building. 26. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 27. GENERAL: All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Applicant's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of-way according to this condition may result in the issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Applicant's expense. 28. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer. 29. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to the Town on a yearly basis. In addition to general coverage, the policy must cover all elements encroaching into the Town’s right-of-way. 30. PUBLIC WORKS INSPECTIONS: The Applicant or their representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right -of-way. Failure to do so will result in penalties and rejection of work that went on without inspection. 31. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Applicant's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. Existing improvement to be repaired or replaced shall be at t he direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. The Applicant shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existi ng conditions. 32. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction. 33. STREET CLOSURE: Any proposed blockage or partial closure of the street requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 34. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 35. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of any permits. 36. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California, and submitted to the Town Engineer for review and approval. Additionally, any post-project studies imposed by Planning Commission or Town Council shall be funded by the Applicant. 37. GRADING PERMIT: A grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading Ordinance). After the preceding Architecture and Site Application has been approved by the respective deciding body, a new grading permit application (with grading plans and associated required materials and plan check fees) shall be made to the Engineering Division of the Parks and Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location(s), driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). Prior to Engineering signing off and closing out on the issued grading permit, the Owner/Applicant’s soils engineer shall verify, with a stamped and signed letter, that the grading activities were completed per plans and per the requirements as noted in the soils report. 38. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading activities and operations shall not commence until after the rainy season, as defined by the State Water Resources Control Board (October 1 -April 30), has ended. 39. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES: All grading activities and operations shall be in compliance with Section III of the Town’s Hillside Development Standards and Guidelines. 40. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading or building permits, whichever comes first, the Applicant shall: a) design provisions for surface drainage; and b) design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and c) provide a recorded copy of any required easements to the Town. 41. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the issuance of a grading permit. 42. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall: top of wall elevations and locations. b. Toe and top of cut and fill slopes. 43. PRECONSTRUCTION MEETING: Prior to the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre -construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub -contractors have read and understand them as well prior to commencing any work, and that a copy of the project conditions of approval will be posted on-site at all times during construction. 44. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan r eview process. 46. SOILS REPORT: The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conf ormance with Section 6735 of the California Business and Professions Code. 47. GEOLOGY AND SOILS MITIGATION MEASURE: The geotechnical study shall provide recommendations for site grading as well as the design of retaining walls, excavation, and drainage. All recommendations of the investigation shall be incorporated into project plans. 48. SOILS REVIEW: The Applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. Approval of the Applicant’s soils engineer shall then be conveyed to the Town either by letter or by signing the plans. 49. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and grading shall be inspected by the Applicant’s soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing shall be documented in an “as-built” letter/report prepared by the Applicant’s soils engineer and submitted to the Town before final release of a ny certificate of occupancy is granted. 50. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological recommendations contained in the project’s design -level geotechnical/geological investigation as prepared by the Applicant’s engineer(s), and any subsequently required report or addendum. Subsequent reports or addendum are subject to peer review by the Town’s consultant and costs shall be borne by the Applicant. 51. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works Department will not sign off on a Temporary Certificate of Occupancy or a Final Certificate of Occupancy until all required improvements within the Town’s right-of-way have been completed and approved by the Town. 52. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right- of-way will only be allowed if it does not cause access or safety problems as determined by the Town. 53. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes, traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for review and approval by the Town Engineer prior to the issuance of a grading or building permit. 54. HAULING OF SOIL: Hauling of soil on- or off-site shall only occur during Monday through Friday between 8:00 am and 5:00 pm (no holidays). Prior to the issuance of a grading or building permit, the Applicant shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off of the project site. This may include, but is not limited to provisions for the Applicant/Owner to plac e construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand and other loose debris. 55. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday (no holidays). 56. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday (no holidays), construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 57. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or building permits, the Applicant shall submit a construction management plan sheet (full - size) within the plan set that shall incorporate at a minimum the Earth Movement Plan, Project Schedule, site security fencing, employee parking, construction staging area, materials storage area(s), concrete washout(s) and proposed outhouse location(s). Please refer to the Town’s Construction Management Plan Guidelines document for additional information. 58. WVSD (West Valley Sanitation District): A Sanitary Sewer Clean-out is required for each property at the property line, or at a location specified by the Town. 59. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders. 60. SITE DESIGN MEASURES: All projects shall incorporate at least one of the following measures: a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas. d. Use permeable pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater. 61. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks and Public Works Department. A maximum of two (2) 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 method 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. Provide erosion control measures as needed to protect downstream water quality during winter months. The Town of Los Gatos Engineering Division of the Parks and Public Works Department and the Building Department will 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. 62. DUST CONTROL: 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. Further, 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 (3) times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets shall be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, 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 (1) late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed twenty-five (25) miles per hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered. 63. CONSTRUCTION ACTIVITIES: All construction 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 ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 64. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to Bay” NPDES required language. On-site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property. 65. SITE DRAINAGE – EARTH BERM: Prior to the issuance of a grading or building permit, an earth berm to divert the conveyance of drainage away from the property immediately to the west (APN 532-34-043) shall be proposed to the satisfaction of the Town Engineer. 66. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and homeowner to make sure that all dirt tracked into the public right -of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town’s storm drains. 67. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The Applicant's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in penalties and/or the Town performing the required maintenance at the Applicant's expense. 68. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 69. The fire departement has no comments or conditions. The plans are approved as submitted. 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 may not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.6] N:\DEV\CONDITIONS\2024\Los Cerritos Drive, 17020- A&S COA - PC 07-10-24 DRAFT.docx This Page Intentionally Left Blank PLANNING COMMISSION – July 10, 2024 REQUIRED FINDINGS & CONSIDERATIONS FOR: 17020 Los Cerritos Drive Architecture and Site Application S-24-005 Requesting Approval for Site Improvements (Retaining Walls) Requiring a Grading Permit on Property Zoned HR-1. APN 532-21-012 and -013. Categorically Exempt Pursuant to CEQA Guidelines Section 15304: Minor Alterations to Land. PROPERTY OWNER: Sandra Campbell APPLICANT: David Fox FINDINGS Required Finding for CEQA: ▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, 15304: Minor Alterations to Land. Required compliance with the Zoning Regulations: ■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations). Required Compliance with Hillside Development Standards and Guidelines (HDS&G): ▪ As required by the Hillside Development Standards and Guidelines (HDS&G), the project is in compliance with the applicable sections of the HDS&G other than the requested exceptions for: grading outside of the Least Restrictive Development Area (LRDA); exceeding the maximum allowable retaining wall height (five feet); and exceeding the maximum allowable fill depths (three feet) for yards. The applicant has provided compelling reasons and evidence to support the granting of exceptions to the HDS&G. Compliance with Hillside Specific Plan ■ The project is in compliance with the Hillside Specific Plan in that it is site work for an existing single-family residence. The proposed development is consistent with the development criteria included in the Specific Plan. CONSIDERATIONS Considerations in review of Architecture & Site applications: ■ As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. N:\DEV\FINDINGS\2024\Los Cerrritos Dr, 17020- A&S Findings- PC 7-10-24.docx EXHIBIT 3 This Page Intentionally Left Blank 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING FEBRUARY 13, 2019 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, February 13, 2019, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Chair Matthew Hudes, Vice Chair Melanie Hanssen, Commissioner Mary Badame, Commissioner Kathryn Janoff, Commissioner Reza Tavana, and Commissioner Tom O'Donnell Absent: Commissioner Kendra Burch PLEDGE OF ALLEGIANCE Chair Hudes led the Pledge of Allegiance. The audience was invited to participate. VERBAL COMMUNICATIONS Heidi Owens -She serves on the Bicycle and Pedestrian Advisory Commission and will be its delegate to the Planning Commission. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1.Approval of Minutes – January 23, 2019 MOTION: Motion by Commissioner O’Donnell to approve adoption of the Consent Calendar. Seconded by Commissioner Badame. VOTE: Motion passed unanimously PUBLIC HEARINGS 2.11 Peralta Avenue Minor Residential Development Application MR-18-008 APN 510-42-073 Property Owner: Wendy Fan Kandasamy EXHIBIT 4 PAGE 2 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF FEBRUARY 13, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\LOS GATOS ACTION MINUTES 2-13-19.docx Applicant: Tony Jeans Project Planner: Erin Walters Requesting approval for construction of an addition to an existing second story of a pre- 1941 single-family residence on property zoned R-1:8. Continued from December 12, 2018 and January 23, 2019. Erin Walters, Associate Planner, presented the staff report. Opened Public Comment. (Objecting Neighbor) -He and his wife live at , immediately adjacent, below, and south of the subject property. Six of the seven immediate neighbors to 11 Peralta oppose the property expansion due to current onsite parking limitations, which would become worse with the additional cars if the project is approved. Every neighbor is concerned about the majestic oak tree bordering between his property and the subject property. They are concerned about the proposed increase in mass, and the loss of privacy that would occur if 11 Peralta increases 25-33 percent in the back and rises up three stories above them. They are one story below the subject property, so that that second story would be three stories above, and it looks directly down into their back yard, kitchen, and breakfast nook area. Three new entrances on the back side of the proposed home would be on their property line, plus the unnecessary second floor patio would further contribute to their loss of privacy. Mr. Jeans’ written representations that the project has no impact on the neighborhood and that the parties are close to resolving their differences is not true. The privacy issue is their largest concern and could be easily resolved by planting Italian Cypress trees, which if they were planted, they could withdraw their objection to the proposed expansion of the length of the house and the mass that that expansion would entail, and also to the large outside second floor deck. They request the Commission require the owners to build at least four onsite garages to house the tenants’ cars. They also ask for a $15,000 bond to ensure the oak tree does not become injured during construction. Tony Jeans -The property is configured currently as one single-family unit, one Accessory Dwelling Unit, and one legal nonconforming Accessory Dwelling Unit, and it would be configured the same after the project is complete. The immediate priority is to remodel the Victorian and keep the three units. They plan to build better garages at the rear of the property, if affordable, and also consistent with sequencing, because they need to access the property from the rear during construction, so some of what they would do at the rear cannot be done until construction on the Victorian is complete. They performed neighborhood outreach and incorporated the neighbors’ input into the plans, specifically agreeing to keep the tree when Mr. Fox objected to their plan to remove it. They moved the house 3 feet farther away from Mr. Fox’s property to lessen his privacy concerns. They could not come PAGE 3 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF FEBRUARY 13, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\LOS GATOS ACTION MINUTES 2-13-19.docx to a resolution on all the concerns of the neighbors at 9 Peralta but did most. The square footage of the home would increase 400 square feet, or 20 percent, so the mass of the home would only increase 11 percent, not the 25-33 percent Mr. Fox asserted. The height at the back is lower than the current home. The balcony is 20 feet away from the Fox’s property line and the view from it is blocked by the fence. They would plant trees that would grow to 12 feet to provide privacy for 9 Peralta and still give mountain views to 11 Peralta. They propose trees that would allow light to filter through but could not be seen through. They plan to convert the original rear six-car garage into a two-car garage and a three-car garage. They do not object to the garages, but they are not part of this application. -He lives at , directly across the street from the subject site. Parking is an ongoing problem. The tenants at the subject site have to park in the street because the garages are unusable, so Peralta becomes a parking lot, and it would get worse. He asked for a commitment that the garages would be made usable for the tenants. -He lives at , three houses down from the subject site. He agreed with Mr. Winn’s comments regarding the garages and wished they were part of the original permit, because parking is a real problem. He objects to the mass of the home, and he can see from the story poles that his view of the mountains would be cut off. -He and his wife live at on the northern boundary of the merged lot known as 11 and 15 Peralta. The two parcels form a merged lot under Town Code due to common ownership, but both parcels have sold simultaneously on two occasions in the last 15 years to identical new owners, and such events likely void the certificate of compliance on the property that was filed in 2000. -She lives at . She supports the project as it has been modified, because it meets all the Town’s obligations for ADUs; does not request any changes to nonconforming legal structures, the garages; it maintains the ADUs; and the applicant has been extremely generous in agreeing to move the house three feet farther from the property line. She agreed with Mr. Jeans that a person on the balcony could not see into 9 Peralta’s yard. -She lives in the neighborhood and objects to the plan in terms of the mass of the building and the parking problem. The added bedrooms would bring in more tenants and cars on the street. The proposed mass of the building would turn a beautiful, historical street into a parking lot. PAGE 4 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF FEBRUARY 13, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\LOS GATOS ACTION MINUTES 2-13-19.docx Tony Jeans -The view issue from 37 Peralta is three homes away, and the relative portion of the view they blocked would be infinitesimal based on the view from his street. The focus from 9 Peralta is away from his client’s property, not toward it. 9 Peralta is also the largest house on the street. The photo in Mr. Fox’s PowerPoint presentation showing his view is dramatically stretched out to make the view he sees appear much larger, when in fact a very small portion of his view would be interrupted. The arborist report states the oak tree may not survive construction; that opinion did not come from him. -He did not request the proposed house be moved back three feet; Mr. Jeans suggested it. The applicant plans to access the property through a 12-foot strip of land existing between his property and the garages, so the applicant could correct the garages today without any impact to access. The applicant and Mr. Jeans have told him they cannot afford to build the garages and could not guarantee they would build it within a year of occupying the property, or even five years. His contractor and landscaper ran site lines and suggest trees at 18-20 feet to screen the proposed house. They are not locked into Italian Cypress trees for screening, just something that would block the view of the house. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner O’Donnell to approve a Minor Residential Development Application for 11 Peralta Avenue, with added conditions of approval pursuant to the offer of the applicant that prior to the completion of the project as approved the applicant will file all necessary applications to take the three existing garages on the subject property and make them into garages which otherwise comply with present requirements, and that action on pursuance of the permit be done forthwith a responsible time. Seconded by Commissioner Badame. Commissioners discussed the matter. Chair Hudes requested the motion be amended so that if the drawing submitted by the applicant at the hearing were to be made part of the record, the record would show that the privacy trees along the southern property line are to be a minimum of 12 feet in height. The maker of the motion accepted the amendment to the motion. The seconder of the motion accepted the amendment to the motion. Commissioners discussed the matter. VOTE: Motion passed unanimously. PAGE 5 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF FEBRUARY 13, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\LOS GATOS ACTION MINUTES 2-13-19.docx 3.17020 Los Cerritos Drive Architecture and Site Application S-16-065 APNs 532-21-012 and 013 Property Owner: Sandy Campbell Applicant: Glenn Katz Project Planner: Erin Walters Requesting approval for site improvements requiring a grading permit on property zoned HR-1. Erin Walters, Associate Planner, presented the staff report. Opened Public Comment. Glenn Katz -The homeowner is an individual owner who plans to stay in the home but wants to remodel. There has been confusion about the retaining walls in the pool area. The applicant extended the walls without permits due to bad advice from her contractor, and this work led to the applicant greatly exceeding the 50 cubic yard limitation. They tested using ground penetrating radar and coring, they reviewed soils reports, and did a structural analysis and found that it would be better to reinforce the walls. They ultimately arrived at a wall buttressing strategy to bring them up to the current structural standards, with terraced walls in front to help meet the Hillside Design Guidelines, and they used the same strategy in the rear yard. Although the amount of cut exceeds the Hillside Design Guidelines, it would be difficult to put it back in place; it would not be practical, safe, or stable. -She lives at , behind and abutting the subject property; they share a fence and their entire back yard faces the applicant’s property. They were aware that the applicant was doing construction, and the applicant did notify the neighbors several years ago. A storm drain pipe runs along their shared fence, and because they are directly downhill from the subject property they are concerned about flooding or mudslides, given that they are directly in the path of the water. Lee Quintana -She asked if it is possible to remediate this back to what it was before the unauthorized grading was done, not necessarily by removing all the retaining walls, but by making intermediate retaining walls and filling the slope in, in other words burying the retaining walls, and making a stable hill and bringing back the natural topography. The Commission should ask for a technical review that provides possible solutions closer to the Hillside Standards for grading. PAGE 6 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF FEBRUARY 13, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\LOS GATOS ACTION MINUTES 2-13-19.docx Glenn Katz -Regarding drainage and the adjacent property, their engineering and civil engineering staff are working to guarantee proper drainage from the site. There was never unwillingness to explore other options for restoring the hillside, but the solution they proposed has always been the apparent best option that would meet most of the Hillside Guidelines, not all, but meets the intent of at least the visual side, and in a practical manner that is less disruptive and less costly. Michael Goodhue - It is difficult to talk to about the LRDA, because it is where those steep walls were, and the LRDA from the original site went quite a bit into the flat area than the walls built in the seventies or eighties. It would be difficult to put the dirt back on that steep of a slope and have it remain stable, so they are trying to mimic that slope with the terraced walls in the locations where they made the walls taller. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner O’Donnell to continue the public hearing for 17020 Los Cerritos Drive to a date certain, subject to Planning Commission direction. Seconded by Commissioner Hanssen. Commissioners discussed the matter. The maker of the motion agreed to amend the motion to include direction from planning commissioners. The seconder of the motion agreed to amend the motion to include direction from planning commissioners. It was determined that the date certain for the next public hearing for 17020 Los Cerritos Drive would be held on April 10, 2019. VOTE: Motion passed unanimously. PAGE 7 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF FEBRUARY 13, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\LOS GATOS ACTION MINUTES 2-13-19.docx OTHER BUSINESS 4.Report from the Director of Community Development Joel Paulson, Director of Community Development •Town Council met 2/5/19; introduced a Short-Term Rentals Ordinance; recommended implementing a parklet pilot; and directed staff to move forward with annexing county pockets in the flatlands into the Town’s jurisdiction. SUBCOMMITTEE REPORTS/COMMISSION MATTERS None. ADJOURNMENT The meeting adjourned at 10:28 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the February 13, 2019 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin This Page Intentionally Left Blank 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING APRIL 10, 2019 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, April 10, 2019, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Chair Matthew Hudes, Vice Chair Melanie Hanssen, Commissioner Mary Badame, Commissioner Kathryn Janoff, Commissioner Reza Tavana, and Commissioner Tom O'Donnell Absent: Commissioner Kendra Burch PLEDGE OF ALLEGIANCE Commissioner Tavana led the Pledge of Allegiance. The audience was invited to participate. VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1.Approval of Minutes – March 27, 2019 2. 460 Monterey Avenue Architecture and Site Application S-19-009 APN 410-16-022 Property Owner/Applicant: Edward Morimoto Project Planner: Sean Mullin Requesting approval of a modification to an approved Architecture and Site application for removal of a condition requiring utilities to be placed underground on property zoned R1-D. Continued from March 27, 2019. MOTION: Motion by Commissioner O'Donnell to approve adoption of the Consent Calendar. Seconded by Commissioner Badame. VOTE: Motion passed unanimously. EXHIBIT 5 PAGE 2 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 10, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\LOS GATOS ACTION MINUTES 4-10-19.docx PUBLIC HEARINGS 3. 17020 Los Cerritos Drive Architecture and Site Application S-16-065 APNs 532-21-012 and 013 Property Owner: Sandy Campbell Applicant: Glenn Katz Project Planner: Erin Walters Requesting approval for site improvements requiring a grading permit on property zoned HR-1. Continued from February 13, 2019. Erin Walters, Associate Planner, presented the staff report. Opened Public Comment. Glenn Katz/Applicant - In the driveway and rear yard areas they propose a series of stepped retaining walls to mitigate height, so all walls are within the Hillside Guidelines. They have prepared a restoration analysis and two mitigation alternatives for the driveway area, and with one mitigation measure in the rear yard they are able to meet most of the guidelines. In the driveway area the basic scheme would be the existing wall stays, structural buttresses would be provided across the front of the wall, then a terraced retaining wall added in front so as to avoid benching the terrain, which would lead to large loads of dirt coming and going to and from the site. Two mitigation alternatives are: 1) The wall is continued all the way across, and 2) Put two terracing walls in the area with the same buttressing scheme, bringing everything completely within the scheme of the height restrictions as well as the uninterrupted wall length. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner O'Donnell to approve Alternative One for the driveway area and the rear yard alternative of an Architecture and Site Application for 17020 Los Cerritos Drive. Seconded by Commissioner Badame. VOTE: Motion passed 4-2 with Vice Chair Hanssen and Commissioner Janoff opposing. PAGE 3 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 10, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\LOS GATOS ACTION MINUTES 4-10-19.docx 4. Town Code Amendment – Hillside Fences Town Code Amendment Application A-19-001 Applicant: Town of Los Gatos Project Planner: Sean Mullin Consider amendments to Chapter 29 (Fences, hedges, and walls) of the Town Code regarding fences, hedges, and walls in the hillside area. Commission discussion continued from March 13, 2019. Sean Mullin, Associate Planner, presented the staff report. Commissioners discussed the matter. MOTION: Motion by Commissioner O'Donnell to continue Commission discussion regarding Town Code Amendment – Hillside Fences to the meeting of May 8, 2019. Seconded by Commissioner Badame. VOTE: Motion passed unanimously. OTHER BUSINESS 5. Report from the Director of Community Development Joel Paulson, Director of Community Development • Town Council met April 2, 2019: o Considered the Greenridge Terrace Planned Development and scheduled a second reading of the ordinance at the next meeting; made changes to require scenic easements; and removed some of the findings that will come back later for the houses. o Considered and denied the Peralta project appeal and approved the project. • The Town continues to recruit for adult commission appointments with the deadline extended to June 7, 2019. Information and a list of vacancies can be found on the Town Clerk's web page. SUBCOMMITTEE REPORTS/COMMISSION MATTERS General Plan Advisory Committee Commissioner Hanssen - The Town has released a draft of the background report, which is the basis for looking at the trends happening over the next 20 years. GPAC's next meetings will be held April 23, 2019 and April 30, 2019 to work on the plan's vision and review the background document. PAGE 4 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 10, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\LOS GATOS ACTION MINUTES 4-10-19.docx ADJOURNMENT The meeting adjourned at 9:47 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the April 10, 2019 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin May 20, 2024 Planning Commission Town of Los Gatos 110 East Main Street Los Gatos, CA 95030 Re: 17020 Los Cerritos Drive APN 532-21-013 Project Description and Letter of Justification The applicant is requesting re-approval of an Architecture & Site application that was approved by the Planning Commission on April 10, 2019 (S-16-065) for retaining walls and site improvements requiring a grading permit. Following Planning Commission approval, construction plans were prepared and submitted to Building, however, the remediation work was not completed. Because the Architecture & Site Application has expired, a new application has been submitted requesting to have the project re-approved. The scope of the project has not changed. The following narrative was provided to the Planning Commission in 2019. Scope of Work •Site grading and construction of new retaining walls for work completed in February 2016: o Cut totaling 1360 cubic yards of earth in two areas of the project site (along the rear yard property line at the southwestern edge of the property and in the existing driveway area at the northeast corner of the renovated residence. o Construction of 100 lineal feet of new retaining wall at the rear yard area (shown as Alignment 1 on the site plans). o Construction of 122 lineal feet of new retaining wall in the driveway area (shown as Alignment 2 on the site plans). •Proposed remediation measures to bring the exposed height of most, but not all of the existing retaining walls, to the limitations prescribed by the Hillside Development Standards & Guidelines. Justification for Proposed Remediation/Mitigation Measures Project History/Prior Work Over the summer and fall of 2015, site grading and construction of two new retaining walls occurred on the project site. This work proceeded without the required permits due to a series of misunderstandings and confusion about the permit approval status for the planned work: •A major renovation to the existing residence on the property was in progress at that time under building permits B12-0649 and B12-0657. EXHIBIT 6 17020 Los Cerritos Drive Project Description & Justification Page 2 •As part of this renovation project, the retaining walls in the former pool area (to the east of the residence) were replaced using a retaining wall detail provided by the project architect. •The homeowner misunderstood the extent of the retaining wall work authorized under the building permit for the residential renovation. A prior contractor led the homeowner to believe that additional retaining wall work was authorized under the building permit and proceeded to construct two new sections of retaining wall using the same detail that had been provided for the pool area retaining wall replacement. •To the best of the homeowner’s understanding, the retaining wall changes completed in 2016 had been approved as part of the residential renovation building permit, but in fact, a separate approval for the grading and new retaining wall work was required and had not been completed. Work Done without Permits The following work was completed on the project site in 2016 without permits: •Site grading and cutting of 1,360 cubic yards of earth in two areas of the project site: ○Driveway area: in the existing driveway area at the northeast corner of the recently renovated residence. ○Rear yard area: along the rear yard property line at the southwestern edge of the property. •Construction of new retaining walls: ○Driveway Area: 122 lineal feet of new retaining wall at driveway area (shown as Alignment 2 on the site plans). ○Rear Yard Area: 100 lineal feet of new retaining wall at the rear yard area (shown as Alignment 1 on the site plans). Hillside Development Standards and Guidelines Conformance The work completed in 2016 without permits is not in conformance with the Hillside Development Standards and Guidelines as follows: 1.Site grading has been performed outside the LRDA. 2.The cut depth at many points along the new retaining wall alignments exceeds the maximum cut depth of 4 feet allowed per HDS&G Table 1 (page 17): ○Driveway area: Maximum cut depth (on Alignment 2) is 12.1 feet. ○Rear yard area: Maximum cut depth (on Alignment 1) is 9.1 feet. 3.The retaining wall heights, as built in 2016, exceed the height limitation recommended in the HDS&G. ○Per HDS&G/VI. Site Elements/C. Retaining wall (page 45): 17020 Los Cerritos Drive Project Description & Justification Page 3 ■Retaining walls higher than five feet are discouraged. ■Multiple-terraced, lower retaining structures should be used in unusual or extreme conditions. ○The maximum retaining wall heights completed in 2016 are: ■Driveway area: Maximum wall height (on Alignment 2) is 12.3 feet. ■Rear yard area: Maximum wall height (on Alignment 1) is 7 feet. ○The mitigation strategies included in this Architecture & Site Application will bring these retaining walls into full compliance with the height limitations recommended in the HDS&G. Requested Exceptions from Hillside Development Standards and Guidelines This application includes a request for two exceptions from the Hillside Development Standards and Guidelines: 1.Site grading performed outside of the LRDA (on existing slopes greater than 30%). 2.Cut depths exceeding the allowable 4 foot cut depth for landscape areas. Feasibility Analysis of Restoring the Hillsides/Prior Retaining Wall Locations The restoration of the site to the locations of the prior retaining walls using engineered fill was analyzed and was not recommended by the project design team for the following reasons: ●Removing the retaining walls completed in 2016 that have been constructed outside of the LRDA could destabilize the soil on the hillside and create a potentially dangerous geotechnical condition. ●Adding engineered fill to the site to recreate the original grades will require: ○Additional cut into the existing hillside to provide a stable foundation for the new engineered fill (“benching”). ■Driveway area: Additional cut required is 10 feet deep (587 CY). ■Rear yard area: Additional cut required is 7.8 feet deep (162 CY). ○Additional engineered fill will be required to recreate the grades. ■Driveway area: Additional fill required is 14 feet deep (1,114 CY). ■Rear yard area: Additional fill required is 9.9 feet deep (442 CY). ●The transportation of this additional cut soil and engineered fill to the site will greatly impact the local roads and create a significant disturbance to the neighbors. ○Additional cut: 749 CY will require approximately 75 truckloads. ○Additional engineered fill: 1,556 CY will require approximately 156 truckloads. 17020 Los Cerritos Drive Project Description & Justification Page 4 Allowing the retaining walls completed in 2016 to remain in place with the proposed mitigation of adding structural buttressing and multiple-terraced walls is recommended as the safest and least disruptive option to bring the current site conditions into substantial conformance with the HDS&G. Proposed Remediation The project team proposed implementing a mitigation strategy using the multiple-terraced retaining walls (as recommended in the Hillside Development Standards and Guidelines) to bring the site conditions into substantial compliance with the limitations recommended in the HDS&G. Two alternatives were provided and on April 10, 2019 the Planning Commission approved Mitigation Alternative 1. This Mitigation Alternative includes the following: •Adding a series of 14 concrete buttresses at 5 foot on center to brace the wall completed in 2016 along the portions that exceed 5.5 feet of exposed wall height. •Adding a terraced retaining/planter wall in front of the wall to reduce the maximum exposed wall height to 4 feet, meeting the HDS&G recommendation. •Adding two offsets to both the upper and lower retaining walls to reduce the maximum uninterrupted wall length to 22 feet 10 inches, meeting the HDS&G recommendation. •Adding a terraced retaining/planter wall to separate the upper and lower levels of the rear yard. This retaining and planter wall combination will have a maximum exposed wall height of 3 feet, meeting the HDS&G recommendation. •Softening the appearance of the wall by planting native landscaping as shown on the renderings and landscape plans. In summary, the proposed project meets the former approval of the Planning Commission, and the applicant is requesting approval of the same design as the Architecture & Site Application approval that has expired. Thank you for your consideration. You are welcome to contact the project team if you have any questions or further clarification is needed. Sincerely, David Fox Scott Crawford Homeowner Landscape Architect Contractor Suzanne Avila Consultant Planner Tree Inventory, Assessment, and Protection Report 17020 Los Cerritos Drive Los Gatos, CA 95032 Prepared for: Town of Los Gatos April 29, 2024 Prepared By: EXHIBIT 7 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Table of Content Summary ...............................................................................................................1 Introduction ...........................................................................................................1 Background ............................................................................................................1 Assignment .............................................................................................................1 Limits of the assignment ........................................................................................1 Purpose and use of the report ................................................................................2 Observations .........................................................................................................2 Tree Inventory .........................................................................................................2 Analysis .................................................................................................................4 Discussion .............................................................................................................5 Condition Rating .....................................................................................................5 Expected Impact Level ...........................................................................................6 Tree Replacement ...................................................................................................6 Tree Protection .......................................................................................................6 Conclusion ............................................................................................................7 Recommendations ...............................................................................................8 Bibliography ..........................................................................................................9 Glossary of Terms ...............................................................................................10 Appendix A: Tree Inventory Map and Site Plan ................................................12 A1: Proposed Site Plan and Tree Locations .........................................................12 Appendix B: Tree Inventory and Assessment Tables ......................................13 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Appendix C: Photographs ..................................................................................15 C1: Trees #970, #971, #972 ..................................................................................15 C2: Trees #973, #974, #975 ..................................................................................16 C3: Trees #976 and #977 ......................................................................................17 C4: Trees #978 and #979 ......................................................................................18 C5: Trees #980 and #981 ......................................................................................19 C6: Trees #982, #983, and #984 ...........................................................................20 Appendix D: Tree Protection Guidelines ...........................................................21 D1: Plan Sheet Detail S-X (Type I) ........................................................................21 D2: Plan Sheet Detail S-Y (Type III) ......................................................................22 D3: Section 29.10.1005. - Protection of Trees During Construction ....................23 Tree Protection Zones and Fence Specifications .................................................23 All persons, shall comply with the following precautions .....................................24 Prohibited Activities ..............................................................................................24 Monitoring ............................................................................................................25 Root Pruning .........................................................................................................25 Boring or Tunneling ...............................................................................................25 Tree Pruning and Removal Operations .................................................................25 Appendix E: Tree Protection Signs ....................................................................26 E1: English ............................................................................................................26 E2: Spanish ...........................................................................................................27 Qualifications, Assumptions, and Limiting Conditions ...................................28 Certification of Performance .............................................................................29 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Summary The retaining walls need to be shored up adjacent to the trees. The inventory contains fifteen (15) trees comprised of three (3) different species. There are five Large Protected and 10 Protected, none are Exempt or Street Trees. Nine trees are in good condition, five fair, and one coast live oak is in very poor shape (#979 has failed and destroyed the fence). No trees are expected to be highly impacted or caused to be removed. The plan is to add to the existing retaining walls for support in front of those walls. Tree protection shall consist of fence around the trees in the front and above the retaining wall. There is existing orange snow fence around some trees and this should be removed and replaced with chain link as per ordinance requirements. Trees should be fenced as four groups as follows in Appendix A: group 1 #971 and #972, group 2 973, #974, 975, group 3 #982, #983, #984, and group 4 #980 and #981.. There were fifteen (15) protected trees appraised for a rounded depreciated value of $92,520.00. Introduction Background The Town of Los Gatos asked me to assess the site, trees, and proposed footprint plan, and to provide a report with my findings and recommendations to help satisfy planning requirements. Assignment •Provide an arborist’s report including an assessment of the trees within the project area and on the adjacent sites. The assessment is to include the species, size (trunk diameter), condition (health, structure, and form), and suitability for preservation ratings. Affix number tags on the trees for reference on site and on plans. •Provide tree protection specifications, guidelines, and impact ratings for those affected by the project. •Provide appraised values using the Trunk Formula Technique. Limits of the assignment •The information in this report is limited to the condition of the trees during my inspection on April 11, 2024. No tree risk assessments were performed. •Tree heights and canopy diameters are estimates. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 1 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 •The plans reviewed for this assignment were as follows (Table 1)Purpose and use of the report The report is intended to identify all the trees within the plan area that could be affected by a project. The report is to be used by the Town of Los Gatos and the property owners as a reference for existing tree conditions to help satisfy planning requirements. Observations Tree Inventory The inventory consists of trees protected by the Town of Los Gatos located on site and those in close proximity on neighboring properties. Sec. 29.10.0960. - Scope of protected trees. All trees which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk, when removal relates to any review for which zoning approval or subdivision approval is required. (Appendix A and B). Los Gatos Town Ordinance 29.10.0970 Exceptions (1) states the following: “A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference). Table 1: Plans Reviewed Checklist Plan Date Sheet Reviewed Source Existing Site Topographic Proposed Site Plan Erosion Control Grading and Drainage Utility Plan and Hook-up locations Exterior Elevations Landscape Plan 04/01/21 L1 - L7 Yes PVLMA Landscape Architecture Irrigation Plan T-1 Tree Protection Plan Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 2 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 The inventory contains fifteen (15) trees comprised of three (3) different species (Chart 1). There are five Large Protected and 10 1 Protected, none are Exempt or Street Trees . 2 3 Large protected tree means any oak (Quercus spp.), California buckeye (Aesculus californica), or Pacific madrone (Arbutus menziesii) which has a 24-inch or 1 greater diameter (75-inch circumference); or any other species of tree with a 48-inch or greater diameter (150-inch circumference). A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference). Species listed in 29.10.0970 subsection (2).2 Street tree means a tree in a public place, or along or within a public street or right-of-way.3 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 3 29 Quantity 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Analysis Tree appraisal was performed according to the Council of Tree & Landscape Appraisers Guide for Plant Appraisal 10th Edition, 2019 (CLTA) along with Western Chapter International Society of Arboriculture Species Classification and Group Assignment, 2004. The trees were appraised using the “Cost Approach” and more specifically the “Trunk Formula Technique” (Appendix B). “Trunk Formula Technique” is calculated as follows: Basic Tree Cost = (Unit tree cost x Appraised trunk area), Appraised Value = (Basic tree cost X functional Limitations (percentage) X Condition (percentage) X External Limitations (percentage)). The trunk formula valuations are based on four tree factors; size (trunk cross sectional area), condition, functional limitations, and external limitations. There are two steps to determine the overall value. The first step is to determine the “Basic Tree Cost” based on size and unit tree cost. Unit tree cost is calculated by dividing the nursery wholesale cost of a 24 inch box specimen and its replacement size (cost per square inch trunk caliper) which is determined by the Species Classification and Group Assignment, 2004 Western Chapter Regional Supplement. The cost of the 24 inch box wholesale specimen was determined through personal communications with BrightView and Normans nurseries in Farmington and Central Wholesale in San Jose for an average of $214.00. The second part is to depreciate the tree’s Basic Cost through an assessment of condition, functional limitations, and external limitations. The condition assessment guidelines and percentages are defined in the “Condition Rating” section of this report. Functional limitations are based on factors associated with the tree’s interaction to its planting site that would affect condition, limit development, or reduce the utility in the future and include genetics, placement, and site conditions for the individual tree. External limitations are outside the property, out of control of the owner and also affect condition, limit development, or reduce the utility in the future (i.e power lines, municipal restrictions, drought adaptations, or species susceptibility to pests). There were fifteen (15) protected trees appraised for a rounded depreciated value of $92,520.00. Appraisal worksheets are available upon request. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 4 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Discussion Condition Rating A tree’s condition is a determination of its overall health, structure, and form. The assessment considered all three criteria for a combined condition rating. •100% - Exceptional = Good health and structure with significant size, location or quality. •61-80% - Good = Normal vigor, well-developed structure, function and aesthetics not compromised with good longevity for the site. •41-60 % - Fair = Reduced vigor, damage, dieback, or pest problems, at least one significant structural problem or multiple moderate defects requiring treatment. Major asymmetry or deviation from the species normal habit, function and aesthetics compromised. •21-40% - Poor = Unhealthy and declining appearance with poor vigor, abnormal foliar color, size or density with potential irreversible decline. One serious structural defect or multiple significant defects that cannot be corrected and failure may occur at any time. Significant asymmetry and compromised aesthetics and intended use. •6-20% - Very Poor = Poor vigor and dying with little foliage in irreversible decline. Severe defects with the likelihood of failure being probable or imminent. Aesthetically poor with little or no function in the landscape. •0-5% - Dead/Unstable = Dead or imminently ready to fail. Nine trees are in good condition, five fair, and one coast live oak is in very poor shape (#979 has failed and destroyed the fence) (Chart 2). Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 5 29 Quantity 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Expected Impact Level Impact level defines how a tree may be affected by construction activity and proximity to the tree, and is described as low, moderate, or high. The following scale defines the impact rating: •Low = The construction activity will have little influence on the tree. •Moderate = The construction may cause future health or structural problems, and steps must be taken to protect the tree to reduce future problems. •High = Tree structure and health will be compromised and removal is recommended, or other actions must be taken for the tree to remain. The tree is located in the building envelope. No trees are expected to be highly impacted or caused to be removed. The plan is to add to the existing retaining walls for support in front of those walls. Encroachment into the tree root areas has already occurred. The primary three coast live oaks are situated below grade in “tree wells” and there is a general landscape area around these trees with the driveway outside this area. Tree Replacement For this portion of the project there are no required replacements. There may be other required replacements on file from prior approved projects. Tree Protection Typically there are three different tree protection schemes which are called Type I (Appendix D1), Type II and Type III (Appendix D2) trunk protection only. The tree protection zone (TPZ) is the defined area in which certain activities are prohibited to minimize potential injury to the tree and should encompass the critical root zone. There are two tree protection zones determined which include the “calculated” and “specified” tree protection zones. The “calculated” tree protection zone is determined by a multiplication factor based on species tolerance, tree age/vigor/health, and trunk diameter (Table 3). The “specified” tree protection zone is adjusted in size and shape to accommodate the existing infrastructure, planned construction, and specific site constraints. This “specified” zone includes tree canopy conformation, visible root orientation, size, condition, maturity, and species tolerances (Gilpin, R, Hauer, R, Matheny, N, and Smiley, E.T. 2023). Tree protection shall consist of fence around the trees in the front and above the retaining wall. There is existing orange snow fence around some trees and this should be removed and replaced with chain link. Trees should be fenced as four groups as follows: #971 and #972, 973 and #974, and #982, #983, #984, and #980 and #981. These four groups should all be enclosed together. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 6 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Conclusion The retaining walls need to be shored up adjacent to the trees. The inventory contains fifteen (15) trees comprised of three (3) different species. There are five Large Protected and 10 Protected, none are Exempt or Street Trees. Nine trees are in good condition, five fair, and one coast live oak is in very poor shape (#979 has failed and destroyed the fence). No trees are expected to be highly impacted or caused to be removed. The plan is to add to the existing retaining walls for support in front of those walls. Encroachment into the tree root areas has already occurred. The primary three coast live oaks are situated below grade in “tree wells” and there is a general landscape area around these trees with the driveway outside this area. For this portion of the project there are no required replacements. There may be other required replacements on file from prior approved projects. Tree protection shall consist of fence around the trees in the front and above the retaining wall. There is existing orange snow fence around some trees and this should be removed and replaced with chain link as per ordinance requirements. Trees should be fenced as four groups as follows: #971 and #972, 973 and #974, and #982, #983, #984, and #980 and #981. There were fifteen (15) protected trees appraised for a rounded depreciated value of $92,520.00. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 7 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Recommendations 1.Place tree numbers on all the plans including the Grading and Drainage plans.. 2.Place tree protection fence around the four groups of trees as indicated in Appendix A group 1 #971 and #972, group 2 973, #974, 975, group 3 #982, #983, #984, and group 4 #980 and #981. 3.Protect the trunks of trees #970, #976, and #977 as indicated in Appendix D2. 4.All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49 California Contractors License. Tree maintenance and care shall be specified in writing according to American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management: Standard Practices parts 1 through 10 and adhere to ANSI Z133.1 safety standards and local regulations. All maintenance is to be performed according to ISA Best Management Practices. 5.Refer to Appendix D for general tree protection guidelines including recommendations for arborist assistance while working under trees, trenching, or excavation within a trees drip line or designated TPZ/CRZ. 6.Place all the tree protection fence locations and guidelines on the plans including the grading, drainage, and utility plans. Create a separate plan sheet that includes all three protection measures labeled “T-1 Tree Protection Plan.” 7.Provide a copy of this report to all contractors and project managers, including the architect, civil engineer, and landscape designer or architect. It is the responsibility of the owner to ensure all parties are familiar with this document. Arrange a pre-construction meeting with the project arborist or landscape architect to verify tree protection is in place, with the correct materials, and at the proper distances. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 8 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Bibliography American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management : Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction)(Part 5). Londonderry, NH: Secretariat, Tree Care Industry Association, 2019. Print. Gilpin, R, Hauer, R, Matheny, N, and Smiley, E.T. Managing trees during construction, Third edition. Champaign, IL: International Society of Arboriculture, 2023. ISA. Guide For Plant Appraisal 9th Edition. Savoy, IL: International Society of Arboriculture, 2000. Print. ISA. Guide For Plant Appraisal 10th Edition. Savoy, IL: International Society of Arboriculture, 2018. Print. ISA. Species Classification and Group Assignment, 2004 Western Chapter Regional Supplement. Western Chapter ISA Matheny, Nelda P., Clark, James R. Trees and development: A technical guide to preservation of trees during land development. Bedminster, PA: International Society of Arboriculture 1998. Smiley, E, Matheny, N, Lilly, S, ISA. Best Management Practices: Tree Risk Assessment: International Society of Arboriculture, 2017. Print Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 9 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Glossary of Terms calculated tree protection zone: A TPZ calculated using the trunk diameter and a multiplication factor based on species tolerance to construction and tree age. It is often plotted on a plan as a circle or other arbitrary shape and can be used as a guide for establishing the specified TPZ. critical root zone: a conceptual soil area containing the minimal amount of all the essential parts of the root zone needed to sustain tree health and structural integrity. There are no universally accepted methods to calculate the CRZ. basic Tree Cost: The cost of replacement for a perfect specimen of a particular species and cross sectional area prior to location and condition depreciation. cost Approach: An indication of value by adding the land value to the depreciated value of improvements. defect: An imperfection, weakness, or lack of something necessary. In trees defects are injuries, growth patterns, decay, or other conditions that reduce the tree’s structural strength. diameter at breast height (DBH): Measures at 1.4 meters (4.5 feet) above ground in the United States, Australia (arboriculture), New Zealand, and when using the Guide for Plant Appraisal, 9th edition; at 1.3 meters (4.3 feet) above ground in Australia (forestry), Canada, the European Union, and in UK forestry; and at 1.5 meters (5 feet) above ground in UK arboriculture. drip Line: Imaginary line defined by the branch spread or a single plant or group of plants. The outer extent of the tree crown. form: Describes a plant’s habit, shape or silhouette defined by its genetics, environment, or management. health: Assessment is based on the overall appearance of the tree, its leaf and twig growth, and the presence and severity of insects or disease mechanical damage: Physical damage caused by outside forces such as cutting, chopping or any mechanized device that may strike the tree trunk, roots or branches. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 10 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 scaffold branches: Permanent or structural branches that for the scaffold architecture or structure of a tree. specified tree protection zone (specified TPZ): a TPZ that is adjusted in size or shape to accommodate the existing infrastructure, planned construction, and aspects of the site, as well as the tree canopy conformation, visible root orientation, size, condition, maturity, and species response to construction. straw wattle: also known as straw worms, bio-logs, straw noodles, or straw tubes are man made cylinders of compressed, weed free straw (wheat or rice), 8 to 12 inches in diameter and 20 to 25 feet long. They are encased in jute, nylon, or other photo degradable materials, and have an average weight of 35 pounds. structure: Evaluation focused on the crown, trunk, trunk flare, above ground roots and the site conditions contributing to conditions and/or defects that may contribute to failure. Tree Protection Zone (TPZ): Defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees, especially during construction or development. Tree Risk Assessment: Process of evaluating what unexpected things could happen, how likely it is, and what the likely outcomes are. In tree management, the systematic process to determine the level of risk posed by a tree, tree part, or group of trees. trunk: Stem of a tree. Trunk Formula Technique: Method to appraise the monetary value of trees considered too large to be replaced with nursery or field grown stock. Based on developing a representative unit cost for replacement with the same or comparable species of the same size and in the same place, subject to depreciation for various factors. Contrast with replacement cost method. volunteer: A tree, not planted by human hands, that begins to grow on residential or commercial property. Unlike trees that are b drought in and installed on property, volunteer trees usually spring up on their own from seeds placed onto the ground by natural causes or accidental transport by people. Normally, volunteer trees are considered weeds and removed, but many desirable and attractive specimens have gone on to become permanent residents on many public and private grounds. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 11 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Appendix A: Tree Inventory Map and Site Plan A1: Proposed Site Plan and Tree Locations Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 12 29 Defensible Fire Space Guidelines Keep your property lean and green to help protect your family and home. Defensible space, coupled with home hardening, is essential to improve your home’s chance of surviving a wildfire. Defensible space is the buffer you create between a building on your property and the grass, trees, shrubs, or any wildland area that surround it. This space is needed to slow or stop the spread of wildfire and it helps protect your home from catching fire—either from embers, direct flame contact or radiant heat. Proper defensible space also provides firefighters a safe area to work in, to defend your home. Defensible Space Zones Zones 1 and 2 currently make up the 100 feet of defensible space required by law. Assembly Bill 3074, passed into law in 2020, requires a third zone for defensible space. This law requires the Board of Forestry and Fire Protection to develop the regulation for a new ember-resistant zone (Zone 0) within 0 to 5 feet of the home by January 1, 2023. The intensity of wildfire fuel management varies within the 100-foot perimeter of the home, with more intense fuels’ reduction occurring closer to your home. Start at the home and work your way out to 100 feet or to your property line, whichever is closer. Defensible Space Zones Zone 0 - Ember Resistant Zone Zone 0 extends 5 feet from buildings, structures, decks, etc. The ember-resistant zone is currently not required by law, but science has proven it to be the most important of all the defensible space zones. This zone includes the area under and around all attached decks, and requires the most stringent wildfire fuel reduction. The ember-resistant zone is designed to keep fire or embers from igniting materials that can spread the fire to your home. The following provides guidance for this zone, which may change based on the regulation developed by the Board of Forestry and Fire Protection. Use hardscape like gravel, pavers, concrete and other noncombustible mulch materials. No combustible bark or mulch Remove all dead and dying weeds, grass, plants, shrubs, trees, branches and vegetative debris (leaves, needles, cones,bark, etc.); Check your roofs, gutters, decks, porches, stairways, etc. Remove all branches within 10 feet of any chimney or stovepipe outlet Limit plants in this area to low growing, nonwoody, properly watered and maintained plants Limit combustible items (outdoor furniture, planters, etc.) on top of decks Relocate firewood and lumber to Zone 2 Replace combustible fencing, gates, and arbors attach to the home with noncombustible alternatives Consider relocating garbage and recycling containers outside this zone Consider relocating boats, RVs, vehicles and other combustible items outside this zone Zone 1 – Lean, Clean and Green Zone Zone 1 extends 30 feet from buildings, structures, decks, etc. or to your property line, whichever is closer. Remove all dead plants, grass and weeds (vegetation). Remove dead or dry leaves and pine needles from your yard, roof and rain gutters. Remove branches that hang over your roof and keep dead branches 10 feet away from your chimney. Trim trees regularly to keep branches a minimum of 10 feet from other trees. Relocate wood piles to Zone 2. Remove or prune flammable plants and shrubs near windows. Remove vegetation and items that could catch fire from around and under decks, balconies and stairs. Create a separation between trees, shrubs and items that could catch fire, such as patio furniture, wood piles, swing sets, etc. Zone 2 – Reduce Fuel Zone Zone 2 extends from 30 feet to 100 feet out from buildings, structures, decks, etc. or to your property line, whichever is closer. Cut or mow annual grass down to a maximum height of 4 inches. Create horizontal space between shrubs and trees. (See diagram) Create vertical space between grass, shrubs and trees. (See diagram) Remove fallen leaves, needles, twigs, bark, cones, and small branches. However, they may be permitted to a depth of 3 inches. All exposed wood piles must have a minimum of 10 feet of clearance, down to bare mineral soil, in all directions. Zone 1 and 2 “Outbuildings” and Liquid Propane Gas (LPG) storage tanks shall have 10 feet of clearance to bare mineral soil and no flammable vegetation for an additional 10 feet around their exterior. Local Ordinance Many local government agencies have local ordinances for defensible space or weed abatement. These local ordinances will often be more stringent than the State’s minimum requirements listed above 1). Check with your local fire department or fire protection district for any additional defensible space or weed abatement ordinance requirements. Plant and Tree Spacing The spacing between grass, shrubs, and trees is crucial to reduce the spread of wildfires. The spacing needed is determined by the type and size of brush and trees, as well as the slope of the land. For example, a property on a steep slope with larger vegetation requires greater spacing between trees and shrubs than a level property that has small, sparse vegetation. Vertical Spacing Remove all tree branches at least 6 feet from the ground. Allow extra vertical space between shrubs and trees. Lack of vertical space can allow a fire to move from the ground to the brush to the treetops like a ladder. This leads to more intense fire closer to your home. To determine the proper vertical spacing between shrubs and the lowest branches of trees, use the formula below. Minimum Vertical Clearance image showing the amount of space needed between ground and tree limbs lowest to ground.Example: A five-foot shrub is growing near a tree. 3x5 = 15 feet of clearance needed between the top of the shrub and the lowest tree branch. Horizontal Spacing Horizontal spacing depends on the slope of the land and the height of the shrubs or trees. Check the chart below to determine spacing distance. Minimum Horizontal Clearance image Fire Wise Landscaping Proper landscaping for wildfire isn’t necessarily the same thing as a well-maintained yard. This type of landscaping focuses on plant characteristics, properties, and maintenance to resist the spread of fire to your home. The good news is that you don’t need to spend a lot of money to make your landscape wildfire resilient and reduce the risk to your home. Through proper planning and routine maintenance, you can conserve water and create a beautiful landscape. L-7LANDSCAPEARCHITECTURE650-270-0966www.PVMLA.comPVMLAFIRE DEFENSIBLEPERIMETERCAMPBELL RESIDENCE17020 LOS CERRITOS DR.LOS GATOS, CA 950303-22-2022UPUPUPUPUPZONE 1 DEFENSIBLE SPACE 30' AROUND BUILDINGS ZONE 2 DEFENSIBLE SPACE 100' more ZONE 2 DEFENSIBLE SPACE 100' more ZONE 2 DEFENSIBLE SPACE 100' more 970 971 972 973974975 976 977 979 978 980 981 982 983 984 Group 1 Group 2 Group 3 Group 4 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Appendix B: Tree Inventory and Assessment Tables Table 2: Inventory and Assessment Summary Tree Species I.D. #Trunk Diameter (in.) ~ Canopy Diameter (ft.) Condition Expected Impact Protection Status Rounded Depreciated Value Calculated Protection Radii (ft.) coast live oak (Quercus agrifolia)970 13, 11 15 Fair Low Large Protected $2,880.00 11 coast live oak (Quercus agrifolia)971 15 20 Good Low Protected $3,130.00 10 coast live oak (Quercus agrifolia)972 7 15 Good Low Protected $680.00 5 coast live oak (Quercus agrifolia)973 32 30 Good Low Large Protected $14,300.00 21 coast live oak (Quercus agrifolia)974 17 30 Good Low Protected $4,020.00 11 toyon (Heteromeles arbutifolia)975 4 15 Fair Low Protected $290.00 3 coast live oak (Quercus agrifolia)976 19 20 Fair Low Protected $3,590.00 13 coast live oak (Quercus agrifolia)977 17 20 Fair Low Protected $2,870.00 11 Japanese maple (Acer palmatum)978 5 10 Good Low Protected $590.00 3 coast live oak (Quercus agrifolia)979 18 15 Very poor Low Protected $970.00 12 Japanese maple (Acer palmatum ‘Bloodgood’) 980 Multi 4 15 Good Low Protected $1,110.00 6 Japanese maple (Acer palmatum)981 Multi 4 15 Good Low Protected $1,890.00 6 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 13 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 coast live oak (Quercus agrifolia)982 40 40 Fair Low Large Protected $15,900.00 27 coast live oak (Quercus agrifolia)983 36 40 Good Low Large Protected $18,000.00 24 coast live oak (Quercus agrifolia)984 40 40 Good Low Large Protected $22,300.00 27 Tree Species I.D. #Trunk Diameter (in.) ~ Canopy Diameter (ft.) Condition Expected Impact Protection Status Rounded Depreciated Value Calculated Protection Radii (ft.) Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 14 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Appendix C: Photographs C1: Trees #970, #971, #972 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 15 29 970 971 972 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 C2: Trees #973, #974, #975 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 16 29 973 974 975 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 C3: Trees #976 and #977 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 17 29 976 977 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 C4: Trees #978 and #979 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 18 29 978 979 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 C5: Trees #980 and #981 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 19 29 980 981 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 C6: Trees #982, #983, and #984 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 20 29 982 983 984 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Appendix D: Tree Protection Guidelines D1: Plan Sheet Detail S-X (Type I) Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 21 29 TREE PROTECTION Crown drip line or other limit of Tree Protection area. See tree preservation plan for fence alignment.4'-0"Maintain existing grade with the tree protection fence unless otherwise indicated on the plans. 2" x 6' steel posts or approved equal. Tree Protection fence: High density polyethylene fencing with 3.5" x 1.5" openings; Color- orange. Steel posts installed at 8' o.c. 5" thick layer of mulch. Notes: 1- See specifications for additional tree protection requirements. 2- If there is no existing irrigation, see specifications for watering requirements. 3- No pruning shall be performed except by approved arborist. 4- No equipment shall operate inside the protective fencing including during fence installation and removal. 5- See site preparation plan for any modifications with the Tree Protection area. SECTION VIEW KEEP OUT TREE PROTECTION AREA 8.5" x 11" sign laminated in plastic spaced every 50' along the fence. URBAN TREE FOUNDATION © 2014 OPEN SOURCE FREE TO USE Tree protection fence: Fencing shall be comprised of six- foot high chain link mounted on eight- foot tall, 1 7/8-inch diameter galvanized posts, driven 24 inches into the ground. Minimum 4” thick mulch layer Crown diameter drip line distance equal to the outer most limit of foliage.Notes: •All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49 California Contractors License. Tree maintenance and care shall be specified in writing according to American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management: Standard Practices parts 1 through 10 and adhere to ANSI Z133.1 safety standards and local regulations. •All maintenance is to be performed according to ISA Best Management Practices. Notes: The Tree Protection Zone (TPZ) may vary in radius from the trunk and may or may not be established at the drip line distance. See arborist’s report and plan sheet for specifications of TPZ radii.6’-0”Modified by Monarch Consulting Arborists LLC, 2019 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 D2: Plan Sheet Detail S-Y (Type III) Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 22 29EVCHARGINGONLYEVCHARGINGONLYNOPARKINGNOPARKINGCLEAN AIRVAN POOLE.V.CLEAN AIRVAN POOLE.V.CLEAN AIRVAN POOLE.V.327 328 329329327328E1E1E1E5E5AE5CC ?W ?W ?WPLANTING PLAN BYJONI JANECKI & ASSOCIATESSEE LIBRARY PLANS GUSHEE STREET PLANTING PLAN BYJONI JANECKI & ASSOCIATESSEE LIBRARY PLANSPLANTING PLAN BYJONI JANECKI & ASSOCIATESSEE LIBRARY PLANSPARKING AND BUILDING BYTEALL MESSER ARCHITECTSEE LIBRARY PLANSPLANTING PLAN BYJONI JANECKI & ASSOCIATESSEE LIBRARY PLANSLIBRARY LANDSCAPE PLAN BYJONI JANECKI & ASSOCIATES L.O.W.L.O.W.L.O.W.L.O.W.L.O.W.L.O.W.L.O.W.L.O.W.L.O.W.L.O.W.L.O.W.L.O.W.BULL CREEK FLOWLINEFUTURELIBRARY XXXXXXXXXXXXXXXXX X X X X X X X X X X KIRBY STREETXXXSEE L2.0 MATERIALS PLAN FOR DISCOVERY PARKIMPROVEMENTSSEE L2.0 MATERIALS PLAN FOR DISCOVERY PARKIMPROVEMENTS (E) CHAINLINK FENCE AND GATE TO REMAIN APPROXIMATE LIMIT OF WORK (L.O.W.)LEGEND (E) TREE TO BE PROTECTED(E) TREE TO REMAINNOTE:1.SEE C3.0 EROSION CONTROL PLAN FOR TREEPROTECTION IN EXISTING RIPARIAN AREA.2.TREE SURVEY PROVIDED BY IFLAND SURVEY, 10/09/18.3.CONTRACTOR SHALL PROTECT ALL TREES WHICH ARELOCATED WITHIN 10' OF EQUIPMENT MOVEMENT.1L1.0(E) FENCE TO BE REMOVEDARBORIST NOTES:1.ALL TREE MAINTENANCE AND CARE SHALL BEPERFORMED BY A QUALIFIED ARBORIST WITH AC-61/D-49 CALIFORNIA CONTRACTORS LICENSE. TREEMAINTENANCE AND CARE SHALL BE SPECIFIED INWRITING ACCORDING TO AMERICAN NATIONALSTANDARD FOR TREE CARE OPERATIONS: TREE, SHRUBAND OTHER WOODY PLANT MANAGEMENT: STANDARDPRACTICES PARTS 1 THROUGH 10 AND ADHERE TO ANSIZ133.1 SAFETY STANDARDS AND LOCAL REGULATIONS.ALL MAINTENANCE IS TO BE PERFORMED ACCORDING TO ISA BEST MANAGEMENT PRACTICES. 2.TREE PRUNING - IF TREE PRUNING FOR OVERHEAD CLEARANCE IS REQUIRED OR NECESSARY PRUNING SPECIFICATIONS SHALL BE IN WRITING PRIOR TO ANY CUTTING. CUTTING SHALL BE PERFORMED BY A QUALIFIED TREE CARE PROFESSIONAL OR SUPERVISED BY THE PROJECT ARBORIST. NO LIMBS GREATER THAN FOUR INCHES (4”) IN DIAMETER SHALL BE REMOVED WITHOUT APPROVAL. 3.ROOT MANAGEMENT - PRIOR TO REMOVING ROOTS GREATER THAN TWO INCHES (2”) IN DIAMETER EACH TREE SHALL BE EVALUATED BY THE PROJECT ARBORIST TO HELP DETERMINE ITS LIKELIHOOD OF FAILURE AFTER ROOT LOSS. IF ROOTS OVER TWO INCHES IN DIAMETER ARE ENCOUNTERED THEY SHOULD BE PRUNED BY HAND WITH LOPPERS, HANDSAW, RECIPROCATING SAW, OR CHAIN SAW RATHER THAN LEFT CRUSHED OR TORN. ROOTS SHOULD BE CUT BEYOND SINKER ROOTS OR OUTSIDE ROOT BRANCH JUNCTIONS AND BE SUPERVISED BY THE PROJECT ARBORIST. WHEN COMPLETED, EXPOSED ROOTS SHOULD BE KEPT MOIST WITH BURLAP OR BACKFILLED WITHIN ONE HOUR. NO ROOTS SHALL BE CUT WITHIN SIX TIMES THE TRUNK DIAMETER DISTANCE IN FEET ON ONE SIDE WITHOUT ARBORIST APPROVAL. 4.TRUNK PROTECTION - PREVENTING MECHANICAL DAMAGE TO THE MAIN STEMS FROM EQUIPMENT OR HAND TOOLS CAN BE ACCOMPLISHED BY WRAPPING THE MAIN STEM WITH STRAW WATTLE. 5.SITE OCCUPANCY - HAVE A QUALIFIED ARBORIST PERFORM A LEVEL 2: BASIC TREE RISK ASSESSMENT AS DESCRIBED IN BEST MANAGEMENT PRACTICES: TREE RISK ASSESSMENT: INTERNATIONAL SOCIETY OF ARBORICULTURE, 2017 TO HELP IDENTIFY ANY NEW RISK FACTORS AFTER CONSTRUCTION UPON NEW SITE OCCUPANCY. DEMOLITION AND TREE PROTECTION PLAN L1.0 1"= 20' LANDSCAPE ARCHITECTBASE LANDSCAPE ARCHITECTUREPROJECT TEAMPROJECT NAME & ADDRESSFELTON LIBRARYDISCOVERY PARKGUSHEE STREETFELTON, CA, 95018REVISION#Date Description STAMP SHEET TITLE Scale: Date: Drawn by: Checked by: Project No.: PHASE BID SET No. 5579 Ren. 9/30/2020LICENSED A R CHI TECTST A TEOF CA L IF O RNIAAL E N DA CS P 1802 PA / AS NM 04/19/2019 CIVIL ENGINEERMME CIVIL + STRUCTURAL ENGINEERINGSAN FRANCISCO / PORTLANDwww.baselandscape.comIRRIGATION DESIGNRMA IRRIGATIONCLIENTSANTA CRUZ COUNTY DEPARTMENT OF PARKS,OPEN SPACE, AND CULTURAL SERVICES 0 feet40 1" = 20' 20 60 80 NORTHSECTION TREE TRUNK 12" Ø STRAW FILLED BURLAP WATTLES TREE PROTECTION WITHOUT FENCE 3/8" = 1'-0"4'-0"ROOT PROTECTION ZONE. SEE SPECS FOR REQUIREMENTS 1 SCHEDULE TREES TO BE PROTECTED: 20 TREES TO BE REMOVED: 0 04-19-20191 Planning Review Comments1 SECTION VIEW TRUNK PROTECTION WITH WATTLES-Y 6’-0” Excavation Trenches: 1. When any roots are cut or torn during construction, it is critical that you sharply cut all the ends of any exposed roots immediately. Failure to do so will leave crushed and torn roots. This leads to decay and inhibits growth of new roots. 2. Pile soil on the side of the trench opposite the tree. If this is not possible, place the soil on a plastic tarp, plywood or a thick bed of mulch. 3. Do not compact the backfill on the trench more than its original firmness. 4. Water the backfill to allow the roots to begin healing. Trenching near a tree can kill as much as 40%-50% of the tree’s roots. If the tree you are working around is in a confined space and your equipment will be coming close, it is important for you to protect the trunk. Wrap the tree trunk in old tires or place 2” x 4” studs around the tree and rope or band them together. ROOT PRUNING DETAIL PLEASE KEEP THIS SHEET FOR REFERENCE 2” x 4” or 2” x 2” Dimensional Lumber Sturdy Strap (steel, nylon, or synthetic rope) 2” x 4” ’or 2” x 2” - 6 to 8 Feet Tall Dimensional Lumber Spaced 3” Apart Sturdy Strap (steel, nylon, or synthetic rope) Bridge With 4” - 6” Deep Course Woody Debris or 4” x 4” Dimensional Lumber and 3/4” Plywood or Steel Road Plate. Note: See Local Ordinance Requirements and Arborist’s Report for Additional Protection Specifications and Guidelines. Trunk Protection Vertical Timber Detail 6’ MIN. 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 D3: Section 29.10.1005. - Protection of Trees During Construction Tree Protection Zones and Fence Specifications 1.Size and materials: Six (6) foot high chain link fencing, mounted on two-inch diameter galvanized iron posts, shall be driven into the ground to a depth of at least two (2) feet at no more than ten-foot spacing. For paving area that will not be demolished and when stipulated in a tree preservation plan, posts may be supported by a concrete base. 2.Area type to be fenced: Type I: Enclosure with chain link fencing of either the entire dripline area or at the tree protection zone (TPZ), when specified by a certified or consulting arborist. Type II: Enclosure for street trees located in a planter strip: chain link fence around the entire planter strip to the outer branches. Type III: Protection for a tree located in a small planter cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with two-inch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or branches. 3.Duration of Type I, II, III fencing: Fencing shall be erected before demolition, grading or construction permits are issued and remain in place until the work is completed. Contractor shall first obtain the approval of the project arborist on record prior to removing a tree protection fence. 4.Warning Sign: Each tree fence shall have prominently displayed an eight and one-half-inch by eleven-inch sign stating: "Warning —Tree Protection Zone—This fence shall not be removed and is subject to penalty according to Town Code 29.10.1025.” Text on the signs should be in both English and Spanish (Appendix E). Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 23 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 All persons, shall comply with the following precautions 1.Prior to the commencement of construction, install the fence at the dripline, or tree protection zone (TPZ) when specified in an approved arborist report, around any tree and/or vegetation to be retained which could be affected by the construction and prohibit any storage of construction materials or other materials, equipment cleaning, or parking of vehicles within the TPZ. The dripline shall not be altered in any way so as to increase the encroachment of the construction. 2.Prohibit all construction activities within the TPZ, including but not limited to: excavation, grading, drainage and leveling within the dripline of the tree unless approved by the Director. 3.Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected tree. 4.Prohibit the attachment of wires, signs or ropes to any protected tree. 5.Design utility services and irrigation lines to be located outside of the dripline when feasible. 6.Retain the services of a certified or consulting arborist who shall serve as the project arborist for periodic monitoring of the project site and the health of those trees to be preserved. The project arborist shall be present whenever activities occur which may pose a potential threat to the health of the trees to be preserved and shall document all site visits. 7.The Director and project arborist shall be notified of any damage that occurs to a protected tree during construction so that proper treatment may be administered. Prohibited Activities The following are prohibited activities within the TPZ: •Grade changes (e.g. soil cuts, fills); •Trenches; •Root cuts; •Pedestrian and equipment traffic that could compact the soil or physically damage roots; •Parking vehicles or equipment; •Burning of brush and woody debris; •Storing soil, construction materials, petroleum products, water, or building refuse; and, •Disposing of wash water, fuel or other potentially damaging liquids. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 24 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Monitoring Any trenching, construction or demolition that is expected to damage or encounter tree roots should be monitored by the project arborist or a qualified ISA Certified Arborist and should be documented. The site should be evaluated by the project arborist or a qualified ISA Certified Arborist after construction is complete, and any necessary remedial work that needs to be performed should be noted. Root Pruning Roots greater than two inches in diameter shall not be cut. When roots over two inches in diameter are encountered and are authorized to be cut or removed, they should be pruned by hand with loppers, handsaw, reciprocating saw, or chain saw rather than left crushed or torn. Roots should be cut beyond sinker roots or outside root branch junctions and be supervised by the project arborist. When completed, exposed roots should be kept moist with burlap or backfilled within one hour. Boring or Tunneling Boring machines should be set up outside the drip line or established Tree Protection Zone. Boring may also be performed by digging a trench on both sides of the tree until roots one inch in diameter are encountered and then hand dug or excavated with an Air Spade® or similar air or water excavation tool. Bore holes should be adjacent to the trunk and never go directly under the main stem to avoid oblique (heart) roots. Bore holes should be a minimum of three feet deep. Tree Pruning and Removal Operations All tree pruning or removals should be performed by a qualified arborist with a C-61/D-49 California Contractors License. Treatment, including pruning, shall be specified in writing according to the most recent ANSI A-300A Standards and Limitations and performed according to ISA Best Management Practices while adhering to ANSI Z133.1 safety standards. Trees that need to be removed or pruned should be identified in the pre-construction walk through. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 25 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 Appendix E: Tree Protection Signs E1: English Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 26 29 Warning Tree Protection Zone This Fence Shall Not Be Removed And Is Subject To Penalty According To Town Code 29.10.1025 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 E2: Spanish Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 27 29 Cuidado Zona De Arbol Pretejido Esta valla no podrán ser sacados Y está sujeta a sanción en función de Código Ciudad del 29.101025 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 2024 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. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 28 29 17020 Los Cerritos Drive Tree Inventory, Assessment and Protection Report April 29, 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. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 29 29 Color Materials Exhibit For 17020 Los Cerritos Retaining Wall Vertical Surfaces Stacked Stone Kelly Moore #KM5792 LRV 26 Retaining Wall Cap Sausalito Ridge Kelly Moore #KM5800 LRV 13 EXHIBIT 8 This Page Intentionally Left Blank -----Original Message----- From: Ian Smith Sent: Tuesday, June 25, 2024 5:20 PM To: Erin Walters <EWalters@losgatosca.gov> Subject: 17020 Los Cerritos Drive [EXTERNAL SENDER] Hi Erin, I live opposite this site at Los Cerritos Drive. The original work in 2015/16 created a lot of noise/trucks/loud beeping even at weekends. If this project is reapproved I’d ask that work and truck access be restricted to reasonable weekday hours 8-5. Thanks, Ian Smith EXHIBIT 10 This Page Intentionally Left Blank