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Staff Report with Exhibits 1 through 10.119 Harwood Ct PREPARED BY: Suray Nathan Assistant 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: 03/12/2025 ITEM NO: 4 DATE: March 7, 2025 TO: Planning Commission FROM: Joel Paulson, Community Development Director SUBJECT: Consider a Request for Approval to Demolish an Existing Single-Family Residence and Construction of a New Single-Family Residence, Remove Large Protected Trees, and Site Work Requiring a Grading Permit on Property Zoned HR-2½. Located at 119 Harwood Court. APN 527-56-027. Architecture and Site Application S-24-040. Categorically Exempt Pursuant to CEQA Guidelines Section 15303(a): New Construction or Conversion of Small Structures. Property Owners: Donal and Maire Conroy. Applicant: Gary Kohlsaat. Project Planner: Suray Nathan. RECOMMENDATION: Consider a request for approval to demolish an existing single-family residence and construct a new single-family residence, remove large protected trees, and site work requiring a Grading Permit on property zoned HR-2 ½, located at 119 Harwood Court. PROJECT DATA: General Plan Designation: Hillside Residential (0-1 dwelling unit/acre) Zoning Designation: HR-2½ - Hillside Residential Applicable Plans & Standards: Town Code, General Plan, Hillside Development Standards and Guidelines Parcel Size: 29,556 square feet Surrounding Area: Existing Land Use General Plan Zoning North Residential Hillside Residential HR-2½ South Residential Hillside Residential HR-2½ East Residential San Jose N/A West Residential Hillside Residential HR-2½ Page 161 PAGE 2 OF 9 SUBJECT: 119 Harwood Court/S-24-040 DATE: March 7, 2025 CEQA: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303(a): New Construction or Conversion of Small Structures. FINDINGS:  The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303(a): New Construction or Conversion of Small Structures;  As required by Section 29.10.09030 (e) of the Town Code for the demolition of existing structures;  The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations);  The project is in compliance with the Hillside Development Standards and Guidelines for single-family residences with the exceptions to build outside the Least Restrictive Development Area (LRDA) and to construct a retaining wall exceeding 50 linear feet in a continuous direction; and  The project complies 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 located on the east side of Harwood Court, approximately 0.70 miles south of Blossom Hill Road (Exhibit 1). All surrounding properties are zoned Hillside Residential and developed with single-family residential uses. The property is zoned HR-2½ and has a gross lot size of 29,556 square feet. The average slope of the property is 34.4 percent and the resulting net lot size is 11,822 square feet. On May 16, 2024, the Town approved a Senate Bill 9 (SB 9) Urban Lot Split submitted by the current owners for this Architecture and Site application. The Urban Lot Split divided a 64,993- square foot lot into two parcels: a 35,437-square foot lot developed with a 4,402-square foot two-story dwelling; and the subject property, a 29,556-square foot lot developed with a 1,184- square foot two-story dwelling. On July 30, 2024, the applicant applied for an Architecture and Site Application (S-24-040) for a Page 162 PAGE 3 OF 9 SUBJECT: 119 Harwood Court/S-24-040 DATE: March 7, 2025 proposed 3,245-square foot two-story residence with an attached garage. The project includes 1,933 square feet of below-grade square footage that would not count toward the size of the residence. The proposed project meets the technical requirements of the Town Code for floor area, height, setbacks, and on-site parking. The project is being considered by the Planning Commission due to the applicant’s request for an exception to the LRDA and a retaining wall exceeding 50 linear feet without a break pursuant to the Hillside Development Standards and Guidelines (HDS&G). PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The subject property is located on the east side of Harwood Court, approximately 0.70 miles south of Blossom Hill Road (Exhibit 1). All surrounding properties are zoned Hillside Residential and developed with single-family residential uses. B. Project Summary The applicant is proposing a new 3,245-square foot two-story residence with an attached garage. The project includes areas of below-grade square footage that would not count toward the size of the residence. The proposed house would be located at the northern end of the hillside property. The proposed residence would have a maximum height of 17 feet, 10 inches. The project requires exceptions to the HDS&G for a building located outside the LRDA and to construct a retaining wall exceeding 50 linear feet in a continuous direction without a break. C. Zoning Compliance A single-family residence is permitted in the HR-2½ zone. The proposed residence is in compliance with the allowable floor area, height, setbacks, and on-site parking requirements. DISCUSSION: A. Architecture and Site Analysis The applicant proposes construction of a new 3,245-square foot, two-story residence with an attached two-car garage (Exhibit 10). The project proposes a contemporary style residence with subdued natural colors to blend with the surrounding hillside environment. The applicant provided a Letter of Justification detailing the project and the requested exceptions to the HDS&G (Exhibit 4). In addition to the 3,245 square feet of countable FAR, the residence includes 1,933 square feet of below-grade square footage. The residence includes an attached 1,094 square-foot garage, of which 972 square feet is located below Page 163 PAGE 4 OF 9 SUBJECT: 119 Harwood Court/S-24-040 DATE: March 7, 2025 grade and does not count toward FAR. The remaining 122 square feet of the garage located above grade is within the 400 square feet allowed for a garage on the property. A summary of the floor area for the proposed residence is included in the table below. Floor Area Summary Proposed Above Grade Square Footage Proposed Below Grade Square Footage Total (gross) Upper Level 2,021 0 2,021 Lower Level 1,224 961 2,185 Garage (Lower Level) 122 972 1,094 Total (gross) 3,367 1,933 5,300 Garage Credit (up to 400 sf) (122) Below Grade Square Footage, not countable toward FAR (1,932) Total Countable Floor Area 3,245 B. Building Design The Town’s Consulting Architect reviewed the proposed contemporary-style project on August 12, 2024 (Exhibit 5). The Consulting Architect had no issues or concerns and stated in the report that the proposed home is well designed and well-integrated into its sloping hillside site. The Consulting Architect provided no recommendations for changes. C. Neighborhood Compatibility Pursuant to the Town Code and the HDS&G, the maximum allowable floor area for the subject parcel is 3,900 square feet. The following table reflects the current conditions of the immediate neighborhood and the proposed project: FAR Comparison - Neighborhood Analysis Address Zoning House SF Garage SF Total FAR Lot Size Building FAR No. of Stories 119 Harwood Ct (E) HR-2 1/2 963 1,464 2,427 29,556 0.03 2 119 Harwood Ct (P) HR-2 1/2 3,245 1,094 4,488 29,556 0.11 2 119 Harwood Ct (Parcel A) HR-2 1/2 4,402 1,395 5,797 35,437 0.12 2 125 Alerche Dr HR-1 2,275 500 2,775 38,333 0.06 1 5760 Harwood Rd (County) N/A 4,501 0 4,501 101,930 0.04 2 16641 Harwood Rd HR-2 1/2 5,134 600 5,734 84,071 0.06 2 115 Harwood Ct HR-2 1/2 5,425 784 6,209 53,579 0.10 2 118 Harwood Ct HR-2 1/2 5,410 825 6,235 86,249 0.06 2 551 Santa Rosa Dr HR-2 1/2 5,704 1,580 7,284 58,806 0.10 2 Page 164 PAGE 5 OF 9 SUBJECT: 119 Harwood Court/S-24-040 DATE: March 7, 2025 104 Harwood Ct HR-2 1/2 4,146 720 4,866 48,352 0.09 2 108 Harwood Ct HR-2 1/2 4,790 782 5,572 52,272 0.09 2 The immediate neighborhood is predominantly two-story single-family residences. Based on Town and County records, the residences in the immediate area range in size from 2,275 square feet to 5,704 square feet. The floor area ratios range from 0.04 to 0.12. The proposed residence would be 3,245 square feet with a floor area ratio of 0.11. The proposed residence would be the second largest home in the immediate neighborhood in terms of FAR and the ninth in terms of floor area. D. Building Height and Visibility The proposed home is not visible per the HDS&G’s visibility analysis criteria as less than 24.5 percent (5.6 percent) of the north elevation can be seen from the viewing platform at the intersection of Selinda Way and Los Gatos–Almaden Road (Exhibit 10, Sheet A-3). The proposed two-story residence has a maximum height of 17 feet, 10 inches, which is below the maximum allowable height of 25 feet per the HDS&G for non-visible residences. The proposed two-story residence has a low-to-high height of 23 feet, 10 inches tall, where a maximum low to high height of 35 feet is allowable in the HDS&G. E. Least Restrictive Development Area The HDS&G includes a standard requiring buildings to be located within the LRDA. The purpose of mapping the LRDA is to identify the most appropriate area or areas on the lot for locating buildings in the least constrained areas. Topography is one of the elements used to determine the LRDA, which has a slope limitation of less than 30 percent. A portion of the proposed building footprint would extend beyond the existing LRDA (Exhibit 10, Sheet A-4). In their Letter of Justification, the applicant indicates that before the existing structure was built, the entire lot had no areas with slopes less than 30 percent and the existing LRDA was created for the existing structure and the driveway. Additionally, the applicant states that any addition to the existing house would not be located in the LRDA unless the addition is a detached structure and hinders the functionality of the house (Exhibit 4). Due to site constraints, the applicant requests an exception to allow a portion of the building to be located outside of the limited LRDA. The diagram below illustrates the area of the building that is proposed to be located outside of the LRDA, as highlighted by the bold red line. Page 165 PAGE 6 OF 9 SUBJECT: 119 Harwood Court/S-24-040 DATE: March 7, 2025 F. Retaining Walls The Site Elements Section of the HDS&G includes a guideline requiring that retaining walls not run in a straight, continuous direction for more than 50 feet without a break, offset, or planting pockets to break up the long flat horizontal surface. A proposed retaining wall located approximately four feet from the rear of the residence, is approximately 67 feet long. The applicant notes in the Letter of Justification that the guidelines’ intention is for aesthetic reasons. The proposed retaining wall is behind the residence and would not be visible and its purpose is to hold the hill back for more efficient drainage and safe access around the house. Additionally, the applicant states that providing a break in the wall would increase grading (Exhibit 4). The applicant requests an exception to allow the retaining wall to be longer than 50 feet. The following diagram illustrates the location of the proposed 67-foot long retaining wall, as highlighted by the bold red line. Page 166 PAGE 7 OF 9 SUBJECT: 119 Harwood Court/S-24-040 DATE: March 7, 2025 G. Tree Impacts The development plans were reviewed by the Town’s Consulting Arborist (Exhibit 6). The inventory contains 20 protected trees comprised of six different species: eight coast live oaks; four buckeyes; three blue oaks; two black oaks; two toyons; and one valley oak. The project proposes removal of two of the protected trees (#261 and #263), one of which is a large protected tree (Exhibit 10, Sheet L4.1). The Consulting Arborist provided recommendations for tree preservation and planting eight replacement 24-inch box trees to offset the proposed tree removal (Exhibit 10, Sheet L6.0). The development plans show that 14 trees would be planted to offset the tree removal. H. Parking and Guest Parking Pursuant to Section 29.10.150 (c)(1) of the Town Code, a single-family residence requires two on-site parking spaces. The applicant has satisfied the requirement by including an attached three-car garage (Exhibit 10, Sheet A-7). The Hillside Specific Plan requires four additional guest parking spaces, and four guest spaces are proposed on the north side of the existing driveway (Exhibit 10, Sheet A-4). I. Neighbor Outreach The applicant provided a sample letter and the list of homes where they hand-delivered the letter (Exhibit 8). No public comment has been received at the time of this report's preparation. Page 167 PAGE 8 OF 9 SUBJECT: 119 Harwood Court/S-24-040 DATE: March 7, 2025 J. CEQA Determination The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. PUBLIC COMMENTS: Story poles and project signage were installed on the site by January 8, 2025, in anticipation of the March 12, 2025, Planning Commission hearing (Exhibit 9). Written notice was sent to property owners and residents within 500 feet of the subject property. No public comment has been received at the time of this report's preparation. CONCLUSION: A. Summary The applicant is requesting approval of an Architecture and Site application to demolish an existing single-family residence and construct a new single-family residence, remove large protected trees, and site work requiring a Grading Permit on property zoned HR-2 ½. The project is consistent with the property's zoning and General Plan Land Use designation. The project is in compliance with the objectives standards of the Town Code related to allowable floor area, height, setbacks, and on-site parking requirements. Due to the desired architectural program and the site's constraints, the applicant requests exceptions to the HDS&G for a building located outside of the LRDA and to construct a retaining wall exceeding 50 linear feet in a continuous direction without a break and has provided a Letter of Justification discussing these requested exceptions (Exhibit 4). Aside from the requested exceptions, the project complies with the Zoning Code, HDS&G, and Hillside Specific Plan. B. Recommendation Staff recommends that the Planning Commission consider the request and, if merit is found with the proposed project, take the following steps to approve the Architecture and Site application: 1. Find that the proposed project is Categorically Exempt pursuant to the adopted Guidelines for the implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures (Exhibit 2); 2. Make the findings as required by Section 29.10.09030 (e) of the Town Code for the demolition of existing structures (Exhibit 2); 3. Make the finding that the project complies with the objective standards of Chapter 29 of the Town Code (Zoning Regulations) (Exhibit 2); 4. Make the finding that the project complies with the Hillside Development Standards and Guidelines, with the exception to build outside of the Least Restrictive Development Page 168 PAGE 9 OF 9 SUBJECT: 119 Harwood Court/S-24-040 DATE: March 7, 2025 Area (LRDA) and to construct retaining walls that exceed 50 linear feet in a continuous direction (Exhibit 2); 5. Make the 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-24-040 with the conditions contained in Exhibit 3 and the development plans in Exhibit 10. C. Alternatives Alternatively, the Planning Commission can: 1. Continue the matter to a date certain with specific direction; 2. Approve the application with additional and/or modified conditions; or 3. Deny the application. EXHIBITS: 1. Location Map 2. Required Findings 3. Recommended Conditions of Approval 4. Letter of Justification 5. Consulting Architect’s Report 6. Consulting Arborist’s Report 7. Applicant's response to the Consulting Arborist's Report 8. Applicant’s neighborhood outreach efforts 9. Story Pole Photos 10. Development Plans Page 169 This Page Intentionally Left Blank Page 170 HARWOOD RDHARWOOD CT ALERCHE DR RI D G E T R A I L 119 Harwood Court 0 0.250.125 Miles ° Update Notes: - Updated 12/20/17 to link to tlg-sql12 server data (sm) - Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label - Updated 10/8/20 to add street centerlines which can be useful in the hillside area - Updated 02-19-21 to link to TLG-SQL17 database (sm) - Updated 08-23-23 to link to "Town Assessor Data" (sm) EXHIBIT 1 Page 171 This Page Intentionally Left Blank Page 172 N:\DEV\PLANNING PROJECT FILES\Harwood Court\119\S-24-040\Public Meeting Documents\Planning Commission\ PLANNING COMMISSION – March 12, 2025 REQUIRED FINDINGS AND CONSIDERATIONS FOR: 119 Harwood Court Architecture and Site Application S-24-040 Consider a Request for Approval to Demolish an Existing Single-Family Residence and Construct a New Single-Family Residence, Remove of Large Protected Trees, and Site Work Requiring a Grading Permit on Property Zoned HR-2 ½. APN 527-56- 027. Categorically Exempt Pursuant to the CEQA Section 15303(a): New Construction or Conversion of Small Structures. Property Owners: Donal and Maire Conroy Applicant: Gary Kohlsaat Project Planner: Suray Nathan FINDINGS Required finding for CEQA: ■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303(a): New Construction or Conversion of Small Structures. Required finding for the demolition of existing structures: ■ As required by Section 29.10.09030(e) of the Town Code for the demolition of an existing residence: 1. The Town's housing stock will be maintained as the single-family residence will be replaced; 2. The existing structure has no architectural or historical significance; 3. The property owner does not desire to maintain the structure as it exists; and 4. The economic utility of the structures was considered. Required compliance with the Zoning Regulations: ■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations). Required compliance with the Hillside Development Standards and Guidelines: ■ As required by the Hillside Development Standards and Guidelines (HDS&G), the project is in compliance with the applicable sections of the HDS&G with the exceptions to build outside the least Restrictive Development Area (LRDA) and to construct a retaining wall exceeding 50 linear feet in continuous direction without a break. EXHIBIT 2 Page 173 N:\DEV\PLANNING PROJECT FILES\Harwood Court\119\S-24-040\Public Meeting Documents\Planning Commission\ Compliance with Hillside Specific Plan ■ The proposed development is consistent with the development criteria included in the Specific Plan. CONSIDERATIONS Required considerations in review of Architecture and 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. Page 174 PLANNING COMMISSION – March 12, 2025 CONDITIONS OF APPROVAL 119 Harwood Court Architecture and Site Application S-24-040 Consider a Request for Approval to Demolish an Existing Single-Family Residence and Construct a New Single-Family Residence, Remove of Large Protected Trees, and Site Work Requiring a Grading Permit on Property Zoned HR-2 ½. APN 527-56-027. Categorically Exempt Pursuant to the CEQA Section 15303(a): New Construction or Conversion of Small Structures. Property Owners: Donal and Maire Conroy Applicant: Gary Kohlsaat Project Planner: Suray Nathan TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR: 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. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. 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. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations identified in the Arborist’s report 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. 7. TREE FENCING: Protective tree fencing and other protection measures consistent with Section 29.10.1005 of the Town Code 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. 8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties. 9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard EXHIBIT 3 Page 175 must be landscaped. 10. WATER EFFICIENCY 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. 11. STORY POLES/PROJECT IDENTIFICATION SIGNAGE: Story poles and/or project identification signage on the project site shall be removed within 30 days of approval of the Architecture and Site application. 12. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside Development Standards and Guidelines. 13. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that requires all exterior materials be maintained in conformance with the Town’s Hillside Development Standards and Guidelines. 14. MAINTENANCE AGREEMENT: Following the issuance of a certificate of occupancy, the property owner shall execute a five-year maintenance agreement with the Town that the property owner agrees to protect and maintain the trees shown to remain on the approved plans, trees planted as part of the tree replacement requirements, and guarantees that said trees will always be in a healthy condition during the term of the maintenance agreement. 15. TREE DEED RESTRICTION: Prior to issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that identifies the on-site trees that were used to provide screening in the visibility analysis and requires their replacement if they die or are removed. 16. 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 Page 176 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 activities 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. 17. 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 development footprint, and within and surrounding any structures that may be disturbed by the project. These surveys will include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked. If no roosting sites or bats are found, a letter report confirming absence will be prepared and no further measures are required. If bats or roosting sites are found, a letter report and supplemental documents will be prepared prior to grading permit issuance and the following monitoring, exclusion, and habitat replacement measures will be implemented: a. If bats are found roosting outside of the nursery season (May 1 through 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 Page 177 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/structure disturbance). This action will allow bats to leave during dark hours, which increases their chance of finding new roosts with a minimum of potential predation. 18. 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 will 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. 19. DUSKY-FOOTED WOODRATS: This project will implement the following standard measures to minimize impacts on woodrats and active woodrat nests on the project site. a. 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 Page 178 be implemented, as appropriate. If no active woodrat nests are present on or within 10 feet of impact areas, no further conditions are warranted. b. 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. c. 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. 20. 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, including 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 not 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, Page 179 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. 21. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed. Building Division 22. PERMITS REQUIRED: a. A Building Permit is required for the renovation and construction of the single-family residence and attached garage. b. Additional Building Permits will be required for retaining walls that are not part of a building foundation and that support a surcharge. c. A separate Building Permit will be required for the PV System and must be finaled prior to the issuance of Certificate of Occupancy. 23. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12, including locally adopted Reach Codes. 24. CONDITIONS OF APPROVAL: The Conditions of Approval must be included on plan sheets within 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. 25. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process. 26. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”. 27. 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. 28. 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. 29. 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. Building pad elevation b. Finish floor elevation Page 180 c. Foundation corner locations d. Retaining wall(s) locations and elevations 30. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e., directly printed, onto a plan sheet. 31. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed with adaptability features for single-family residences per Town Resolution 1994-61: a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs, located 34 inches from the floor to the center of the backing, suitable for the installation of grab bars if needed in the future. b. All passage doors shall be at least 32-inch-wide doors on the accessible floor level. c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level landing, no more than 1 inch out of plane with the immediate interior floor level and with an 18-inch clearance at interior strike edge. d. A door buzzer, bell or chime shall be hard wired at primary entrance. 32. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.40.020. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole. 33. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies. 34. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High Fire Area and must comply with Section R337 of the 2022 California Residential Code, Public Resources Code 4291 and California Government Code Section 51182. a. Provide defensible space/fire break landscaping plan prepared by a California licensed Landscape Architect in conformance with California Public Resources Code 4291 and California Government Code Section 51182. b. Prior to final inspection, provide a letter from a California licensed Landscape Architect certifying the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182. 35. 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. 36. 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. The specification sheet is available online at www.losgatosca.gov/building. 37. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: Page 181 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 38. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. 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 Owner’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 Owner’s expense. 39. PAYMENT OPTIONS: a. All payments regarding fees and deposits can be mailed to: Town of Los Gatos PPW – Attn: Engineering Dept 41 Miles Avenue Los Gatos, CA 95030 Or hand deliver/drop off payment in engineering lock box Checks made out to “Town of Los Gatos” and should mention address and application number on memo/note line. 40. APPROVAL: This application shall be completed in accordance with all 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. 41. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website. 42. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or occupancy of any non-residential condominium space, the buyer or the new or existing occupant shall apply to the Community Development Department and obtain approval for Page 182 use determination and building permit and obtain inspection approval for any necessary work to establish the use and/or occupancy consistent with that intended. 43. 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. 44. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer 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 any work that occurred without inspection. 45. FENCES: Any fencing proposed within two hundred (200) feet of an intersection shall comply with Town Code Section §23.10.080. Fences between all adjacent parcels will need to be located on the property lines/boundary lines. Any existing fences that encroach into the neighbor’s property will need to be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued. Waiver of this condition will require signed and notarized letters from all affected neighbors 46. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or their representative shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Owner, Applicant and/or Developer or their representative'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 the direction of the Engineering Construction Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the Engineering Construction Inspector shall be completed before the issuance of a certificate of occupancy. The Owner, Applicant and/or Developer or their representative shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 47. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited with the Engineering Division of the Parks and Public Works Department prior to the commencement of plan check review. 48. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction. 49. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of permits or recordation of maps. 50. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any and all altered work. The Owner’s project engineer shall notify, in writing, the Town Engineer at least seventy-two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as-built” plans. Page 183 51. 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 traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Owner, Applicant and/or Developer. 52. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: All grading work taking place with this application and related applications/projects within a two-year time period are considered eligible for the grading permit process and will be counted toward the quantities used in determining grading permit requirements. In the event that, during the production of construction drawings and/or during construction of the plans approved with this application by the Town of Los Gatos, it is determined that a grading permit would be required as described in Chapter 12, Article II (Grading Permit) of the Town Code of the Town of Los Gatos, an Architecture and Site Application would need to be submitted by the Owner for review and approval by the Development Review Committee prior to applying for a grading permit. 53. GRADING: Any grading work, cut/fill, earthwork or combination thereof (completed or proposed on submitted plans) on the parcel over the upcoming two-year period are combined with regards to grading permit thresholds. This also applies to adjacent parcels with identical owners, applicants and or developers. 54. ILLEGAL GRADING: Per the Town’s Comprehensive Fee Schedule, applications for work unlawfully completed shall be charged double the current fee. As a result, the required grading permit fees associated with an application for grading will be charged accordingly. 55. 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 (20) miles per hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered. For sites greater than four (4) acres in area: a. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). b. Limit traffic speeds on unpaved roads to fifteen (15) miles per hour. c. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. Page 184 d. Replant vegetation in disturbed areas as quickly as possible. e. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). 56. 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. 57. 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. 58. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. 59. 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 Owner’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 Owner’s expense 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 porous or pervious pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater. 61. CONSTRUCTION HOURS: All improvements and 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 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. The Town may authorize, on a case-by-case basis, alternate construction hours. The Owner, Applicant and/or Developer shall provide written notice twenty-four (24) hours in advance of modified construction hours. Approval of this request is at discretion of the Town. 62. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays, 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. 63. DELAYED/DEFERRED REPORTS AND REVIEWS: TLGPPW strongly recommend that reports requiring a peer review be submitted and completed prior to committee approval/building permit stage. Note that these reviews may require a design change by the applicant and/or additional studies. Applicants who chose to defer assume risk that required changes may send project back to planning stage. Page 185 64. WATER METER: Water meters currently in public right-of-way shall be relocated within the property in question, within 30” of the property line / the public right-of-way line. The Owner, Applicant and/or Developer shall repair and replace to existing Town standards any portion of concrete flatwork within said right-of-way that is damaged during this activity prior to issuance of a certificate of occupancy. 65. SANITARY SEWER CLEANOUT: Sanitary sewer cleanouts currently in public right-of-way shall be relocated within the property in question, within one (1) foot of the property line per West Valley Sanitation District Standard Drawing 3, or at a location specified by the Town. The Owner, Applicant and/or Developer shall repair and replace to existing Town standards any portion of concrete flatwork within said right-of-way that is damaged during this activity prior to issuance of a certificate of occupancy. 66. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or the commencement of any site work, the general contractor shall: a. Along with the Owner, Applicant and/or Developer, setup a pre-construction meeting with Eric Christianson, Senior Public Works Inspector echristianson@losgatosca.gov (408) 354-6824 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. 67. 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. 68. PRIVATE UTILITIES: Private utilities in town right of way is prohibited and should be located on parcel which it serves, unless otherwise allowed via easement. 69. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of a grading/building permit the Owner shall pay the project's proportional share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The amount based on the current resolution is $10,421.76. The fee shall be paid before issuance of any grading or building permit. The final traffic impact mitigation fee for this project shall be calculated from the final plans using the current fee schedule and rate schedule in effect at the time, using a comparison between the existing and proposed uses 70. GRADING PERMIT REQUIRED: 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). All grading work taking place with this application and related applications /projects within a two year time period are considered eligible for the grading permit process and will be counted toward the quantities used in determining grading permit requirements. After the preceding Architecture and Site Application has been approved by the respective deciding body and the appeal period has passed, the grading permit application with grading plans and associated required materials shall be submitted via email to the PPW engineer assigned to the A&S review. Plan check fees (determined after initial submittal) shall be sent to the Engineering Division of the Parks and Public Works Page 186 Department located at 41 Miles Avenue. 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’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. A separate building permit, issued by the Building Department, located at 110 E. Main Street, is needed for grading within the building footprint. 71. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading activities and operations shall not commence until after/occur during the rainy season, as defined by Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15-April 15). 72. 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. All development shall be in compliance with Section II of the Town’s Hillside Development Standards and Guidelines. 73. DRIVEWAY: The driveway conform to existing pavement on Harwood Court shall be constructed in a manner such that the existing drainage patterns will not be obstructed. The Owner, Applicant and/or Developer shall install a Town standard residential driveway approach. The new driveway approach(es) shall be constructed per Town Standard Plans and must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 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. 74. GEOTECHNICAL/GEOLOGICAL ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and grading shall be inspected by the Owner’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 Owner’s soils engineer and submitted to the Town before a certificate of occupancy is granted. 75. GEOTECHNICAL/GEOLOGICAL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological recommendations contained in the project’s design-level geotechnical/geological investigation as prepared by the Owner’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 Owner, Applicant and/or Developer. 76. 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. 77. UTILITIES: The Owner, Applicant and/or Developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other Page 187 communications lines underground, as required by Town Code Section 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. The Owner, Applicant and/or Developer is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 78. ON-SITE/OFF-SITE PARKING: Parking spaces shall be paved with a compacted base not less than four (4) inches thick, surfaced with asphaltic concrete or Portland cement concrete pavement or other surfacing (e.g.: permeable paving materials, interlocking pavers and ribbon strip driveways) approved by the Town Engineer. Mike Vroman, Senior Traffic Engineer MVroman@losgatosca.gov (408) 399-5777. 79. HAULING OF SOIL: Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to the issuance of a grading or building permit, the Owner and/or Applicant or their representative 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 the project site. This may include, but is not limited to provisions for the Owner and/or Applicant to place 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. 80. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used. A Sanitary Sewer Clean-out is required for each property at the property line, within one (1) foot of the property line per West Valley Sanitation District Standard Drawing 3, or at a location specified by the Town. 81. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and/or Developer 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. 82. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater, or cause hazardous domestic waste materials to be deposited in such a manner or location as to constitute a threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay. Unlawful discharges to storm drains include, but are not limited to: discharges from toilets, sinks, industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning or vehicle cleaning. 83. 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 Page 188 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. 84. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant emissions, the following the Bay Area Air Quality Management District (BAAQMD)- recommended basic construction measures shall be included in the project’s grading plan, building plans, and contract specifications:  All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, or otherwise kept dust-free.  All haul trucks designated for removal of excavated soil and demolition debris from site shall be staged off-site until materials are ready for immediate loading and removal from site.  All haul trucks transporting soil, sand, debris, or other loose material off-site shall be covered.  As practicable, all haul trucks and other large construction equipment shall be staged in areas away from the adjacent residential homes.  All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day, or as deemed appropriate by Town Engineer. The use of dry power sweeping is prohibited. An on-site track-out control device is also recommended to minimize mud and dirt-track-out onto adjacent public roads.  All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour.  All driveways and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.  Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within forty-eight (48) hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Please provide the BAAQMD’s complaint number on the sign: 24-hour toll-free hotline at 1-800-334-ODOR (6367).  All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed twenty (20) miles per hour.  Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established. Page 189 85. 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. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 86. GENERAL: Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 87. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A1) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 88. REQUIRED FIRE FLOW: (Letter received) The minimum require fireflow for this project is 875 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3] 89. WATER SUPPLY REQUIREMENTs: (As Noted on Sheet A1) Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water- based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 90. ADDRESS IDENTIFICATION: (As Noted on Sheet A1) New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical Page 190 letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 91. CONSTRUCTION SITE FIRE SAFETY: (As Noted on Sheet A1) All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 92. GENERAL: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance [CFC, Ch.1, 105.3.6]. Page 191 This Page Intentionally Left Blank Page 192 September 18, 2024 Planning Department Community Development Department, Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Re: The Residence, Formerly 119 Harwood Court Project Description/ Letter of Justiﬁcation To Whom it May Concern: On behalf of I am pleased to present this new project to the Town of Los Gatos. The proposed project is the remodel and addition of an existing garage and accessory structure which will become a new single family residence as part of an SB-9 lot split. The Town considers this a Technical Demo. This letter accompanies the submitted building plans and additional exhibits for the above referenced project, and contains descriptions of the property, the neighborhood, and how it complies with the Residential Development Standards. EXISTING PROPERTY DESCRIPTION This hillside neighborhood has many large two story homes, several of which are mediterranean or Tudor in style. Many of the homes are not entirely visible from the street. The property sits at the juncture of Harwood Court and Harwood Road. The original main property being divided is located on Harwood Court with street frontage both at the top and bottom of this property. The newly created lot is the lower half of 119 Harwood Court. It is steeply sloped uphill from front to back and enjoys direct frontage on Harwood Court. The current structure on site consists of a garage on the lower level that is mostly submerged into the hillside. Above it, sits an accessory structure that is partially buried as well. The style of the structure is Mediterranean and matches the style of the home on the upper portion of the lot. A dense hedge of oleander and Oak trees mostly obscure the view of the building from the street. There are several oak trees on the site, only one of which is proposed to be removed. PROPOSED DEVELOPMENT DESCRIPTION The existing structure on site will not be completely demolished. We propose a major addition (approx. 2,300 SF) and remodel to create a new single family residence with a 3 car garage. The existing retaining walls of the structure are in excellence condition and will continue to be utilized. A continuation of the lower and upper ﬂoors are proposed on the eastern side. The addition of the lower ﬂoor will be 12” down from the existing to allow for greater ceiling heights without going up. Most of the existing garage will remain, but some area will be converted into living area. The new home will be 3,367 SF, with 1,933 SF of buried basement area. The proposed home is well below the maximum allowed (3,900SF + 400SF) and well below the average home size of the neighborhood, around 5,150SF. 51 University Avenue, Suite L • Los Gatos, CA 95030 • 408.395-2555 K O HLSAA T&ASSOCIATES A R C H I T E C T U R E EXHIBIT 4Page 193 THE RESIDENCE, FORMERLY 119 HARWOOD COURT, PAGE of 2 4 The existing roof and second ﬂoor walls will be removed so that the home can take the shape of a new more contemporary style. It will have some single sloped roofs and some ﬂat roofs. A blend of stucco and wood siding is proposed in darker neutral colors, with stone accent walls. The doors and windows will be dark metal framed. The project requires no exceptions to the zoning code and complies with all development standards. LANDSCAPING A preliminary landscape plan is included with the application. The existing driveway and associated retaining walls will remain. To the east of that, the landscaping will buffer the driveway and entry from the private yard area also in the front. Because of the extensive slope, the views and the existing ﬂatter areas of the site, it makes the most sense to have the private yard area in the front. A ﬁn wall also helps create this separation between the covered entry and covered veranda. The existing lower driveway retaining wall will be lengthened and two additional low terracing site walls are proposed to allow for more usable yard area. Several large trees are proposed around the perimeter of the home which will provide both privacy and shade. ADDENDUM: FLATTER TURF AREA The maximum cut and ﬁll quantities are being met. The area that is proposed to be retained and made level is relatively small compared to the size of the site; 1,000sf of 30,000 sf. It is also the ﬂattest portion of the site. About 25,000 sf of the 30,000 sf lot will be left untouched. ADDENDUM: BUILDING OUTSIDE THE LRDA The existing site as shown on sheet 1 (page 5) of the plan set shows the newly created lot and existing topography. We’ve also added the LRDA and dashed lines indicating probably predevelopment contours. Before the existing structure was built, the entire lot had no slopes less than 30% at all. The only LRDA now is what was created for the existing structure and the driveway in front of it. The LRDA is basically an outline of the structure and driveway, that’s it. And it’s entirely artiﬁcial. Since we are trying to keep the existing structure and driveway access, the only remaining LRDA to build in is a driveway that sits in front of and downhill of the home. There is no reasonable way to place an addition that does not extend out of the LRDA. If it were to stay in the LRDA, it would have to be almost completely detached with a small 10’ wide section that would connect from the existing house to the addition. This would make no sense from a functionality stand point. In order to reduce disturbance, the existing structure is being utilized and the addition is placed where the grades have previously been disturbed and are not natural terrain. In order to build any house at a size close to the allowed ﬂoor area, the footprint of the house must expand out of the LRDA. ADDENDUM: SITE WALL LONGER THAN 50’ There is one wall behind the house that is proposed at 67 feet long without a break. This wall is behind the house where no one, not even the owners can see it. This wall does not create recreation area. It is purely functional for two purposes; to hold the hill back off the house so that drainage is better directed, and also for safe access around the house. The guideline was created for aesthetic reasons, but since the wall is not visible, that is not an issue. The wall could have a break in it, but that would be purely to satisfy this rule and would add more grading and disturbance since the jog in the wall would have to turn uphill. 51 University Avenue, Suite L • Los Gatos, CA 95030 • 408.395-2555Page 194 THE RESIDENCE, FORMERLY 119 HARWOOD COURT, PAGE of 3 4 COMPLIANCE WITH RESIDENTIAL DEVELOPMENT STANDARDS The proposed home speciﬁcally addresses the Residential Design Guidelines as follows: SITE/ PLANNING: §The driveway location has been reutilized, which maintains existing trafﬁc patterns. §The existing structure will be remodeled and added onto for minimal sit disturbance. §Short terracing walls are proposed versus taller walls. HARMONY/COMPATIBILITY: §The proposed home utilizes rich darker neutral colors that will blend in with the hillside. §Existing privacy screening at the front will remain. SCALE AND MASS: §Because the home is signiﬁcantly buried on the ﬁrst ﬂoor and some of the second, the home is well below the height limit. §Low sloped roofs diminish the massing of the home. The proposed roof line is no taller than the existing roof line. §The garage frontages are being reduced from one double and one single car garage doors to 2 single car garage doors. EXTERIOR MATERIALS: §High quality materials adorn this home, including the use of smooth-troweled 4-coat stucco, large format stone tiles, cedar wood siding and high-end metal framed windows and doors. ENERGY CONSERVATION: §The house will employ high quality dual glazed, low E wood windows, ultra-high performance insulation packages and high efﬁciency mechanical systems for heating, cooling and domestic hot water. §Strategically placed windows throughout the house will illuminate the interior to reduce the need for artiﬁcial lighting during the daytime. §Cross ventilation is provided to allow natural cooling in order to reduce the need for A/C. PRIVACY: §The two story home does not pose any privacy issues to any adjacent neighbor. The proposed home is well away from any of the neighbors. Proposed larger windows and doors face the front street. LANDSCAPING: §All proposed landscaping shall comply with the Town’s Landscaping Policies as well as the California WELO. §Proposed drought tolerant plants and landscape materials have been chosen to enhance both the architecture and the setting of the property. COMPLIANCE WITH HILLSIDE DESIGN STANDARDS & GUIDELINES The proposed home speciﬁcally addresses the Hillside Design Standards & Guidelines as follows: II. CONSTRAINTS ANALYSIS: §The proposed home preserves views and is not visible from any viewing platform. §The proposed home utilizes an existing structure and driveway on a steep lot, thereby reducing grading. 51 University Avenue, Suite L • Los Gatos, CA 95030 • 408.395-2555Page 195 THE RESIDENCE, FORMERLY 119 HARWOOD COURT, PAGE of 4 4 §The entire site has no available LRDA. The proposed home uses the existing home with an addition that takes advantage of the existing driveway ﬂat areas. III. SITE PLANNING: §The proposed home will sit at the same approximate ﬂoor levels of the existing structure. §Proposed activity areas are on or near the existing driveway and terraced to allow for short retaining walls. §Existing drainage courses are proposed to remain, while new drainage is below grade. IV. DEVELOPMENT INTENSITY: §The proposed home ﬂoor area is well below the maximum allowed. V. ARCHITECTURAL DESIGN: §The materials proposed are natural wood and stucco with dark warm tones that will blend into the hillside. §Additional square footage is added away form any adjacent homes. §The home sits nestled into the hillside and does not protrude more than the existing home. §Existing screening trees are to remain. §Roofs are designed to face south where solar photovoltaic panels can be the most efﬁcient. §In order to take advantage of South facing light, a patio and proposed at the upper ﬂoor. VI. SITE ELEMENTS: §No entry gates are proposed. §Existing retaining walls are proposed to remain. §Short retaining walls are proposed with nothing over 4 feet tall. §Terraced retaining walls are proposed rather than single taller walls. §Only the driveway and covered patios are proposed impervious areas. VII. LANDSCAPE DESIGN: §All proposed plantings are California natives and/or drought tolerant. §Landscaping is proposed at all retaining walls to soften their appearance. §Proposed trees and shrubs are located in a natural and irregular pattern to blend with the natural landscape. CONCLUSION This house has been conceived from the beginning to be compatible with both the neighborhood and the site. By utilizing the existing structure, the owner saves on construction costs, but also disturbs less site area and helps maintains the feel of the neighborhood. Sincerely, Gary Kohlsaat Architect C19245 51 University Avenue, Suite L • Los Gatos, CA 95030 • 408.395-2555Page 196 August 12, 2024 Mr. Suray NathanCommunity Development DepartmentTown of Los Gatos110 E. Main StreetLos Gatos, CA 95031 RE: 119 Harwood Court Dear Suray: I reviewed the drawings and evaluated the neighborhood context. My comments and recommendations on the design are as follows: NEIGHBORHOOD CONTEXT The site is located at the intersection of two roads in a low density, large lot hillside neighborhood. Photos of the site and its surrounding neighborhood are shown on the following page. EXHIBIT 5Page 197 119 Harwood Court Design Review Comments August 12, 2024 Page 2 THE SITE View up Harwood Court View up adjacent Harwood Road THE SITE Page 198 119 Harwood Court Design Review Comments August 12, 2024 Page 3 PROPOSED PROJECT Proposed Front Elevation Proposed Rear Elevation Proposed Right Side Elevation Proposed Left Side Elevation Page 199 119 Harwood Court Design Review Comments August 12, 2024 Page 4 ISSUES AND RECOMMENDATIONS The proposed home is well designed and well integrated into its sloping hillside site. It steps back and up away from its two lower fronting street property lines in accordance with town standards and guidelines. I have no recommendations for changes. Suray, please let me know if you have any questions or if there are any issues that I did not address. Sincerely, CANNON DESIGN GROUP Larry L. Cannon Page 200 Tree Inventory, Assessment, and Protection Report 119 Harwood Court Los Gatos, CA 95032 Prepared for: Town of Los Gatos September 12, 2024 Prepared By: EXHIBIT 6 Page 201 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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 Mitigation for Removals ..........................................................................................6 Expected Impacts ...................................................................................................7 Tree Protection .......................................................................................................7 Conclusion ............................................................................................................8 Recommendations ...............................................................................................9 Bibliography ........................................................................................................10 Glossary of Terms ...............................................................................................11 Appendix A: Tree Inventory, Site Plan, and Protection ....................................13 Appendix B: Tree Inventory and Assessment Tables ......................................14 Appendix C: Photographs ..................................................................................16 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page 202 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 C1: Oaks in front 255 -258 ...................................................................................16 C2: Tree #259 .......................................................................................................17 C3: Trees #260 and #261 ......................................................................................18 C4: Trees #273 and #274 ......................................................................................19 Appendix D: Tree Protection Guidelines ...........................................................20 D1: Plan Sheet Detail S-X (Type I) ........................................................................20 D2: Plan Sheet Detail S-Y (Type III) ......................................................................21 D3: Section 29.10.1005. - Protection of Trees During Construction ....................22 Tree Protection Zones and Fence Speciﬁcations .................................................22 All persons, shall comply with the following precautions .....................................23 Prohibited Activities ..............................................................................................23 Monitoring ............................................................................................................24 Root Pruning .........................................................................................................24 Boring or Tunneling ...............................................................................................24 Tree Pruning and Removal Operations .................................................................24 Appendix E: Tree Protection Signs ....................................................................25 E1: English ............................................................................................................25 E2: Spanish ...........................................................................................................26 Qualiﬁcations, Assumptions, and Limiting Conditions ...................................27 Certiﬁcation of Performance.............................................................................28 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page 203 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 Summary The applicant is requesting approval for demolition of an existing single-family residence and construction of a new single-family residence, and site work requiring a grading permit on property zoned HR-2 1/2. APN 527-56-027. The project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines, Section15303(a): New Construction. The inventory contains twenty trees comprised of six (6) different species. There are five Large Protected trees and none are Exempt or Street Trees. Ten trees are in good condition, nine fair, and one is in poor shape. The two toyon and coast live oak #259 are probably in the worst shape. Four tree will be highly impacted and likely need to be removed and include #259, #260, #261, and #263. Only #263 is indicated for removal on the plans. There is a new sewer and other infrastructure adjacent to the other trees along the side of the property (plan view east). The applicant will be required to replace four protected trees. Tree protection will consist of fence around those to be retained at a specified distance of either eight times their trunk diameter in radius or along existing hard-scapes (driveway or roadway for the trees in front). There were twenty protected trees appraised for a rounded depreciated value of $99,980.00. 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 September 12, 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 28 Page 204 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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 01/24 1 Yes Hannah Brunetti Proposed Site Plan 07/06/24 A-3 Yes Kohlsaat & Associates Erosion Control Grading and Drainage 06/10/24 L1.0 Yes David Fox Utility Plan and Hook-up locations Exterior Elevations 07/06/24 A9/A10 Yes Landscape Plan 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 28 Page 205 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 The inventory contains twenty (20) trees comprised of six (6) different species. There are five Large Protected trees and none are 1 Exempt or Street Trees (Chart 1). 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 28 Quantity Page 206 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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 twenty protected trees appraised for a rounded depreciated value of $99,980.00. 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 28 Page 207 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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. Ten trees are in good condition, nine fair, and one is in poor shape. The two toyon and coast live oak #259 are probably in the worst shape (Chart 2). Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 5 28 Quantity Page 208 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 Mitigation for Removals The table below indicates the recommended replacement values (Table 2). The applicant will be required to replace four protected trees. Alternatively it may be possible to create an approved landscape plan or provide an in-lieu payment. The landscape plan does not indicate any replacement trees. 1To measure an asymmetrical canopy of a tree, the widest measurement shall be used to determine canopy size. 2Often, it is not possible to replace a single large, older tree with an equivalent tree(s). In this case, the tree may be replaced with a combination of both the Tree Canopy Replacement Standard and in-lieu payment in an amount set forth by Town Council resolution paid to the Town Tree Replacement Fund. 3Single Family Residential Replacement Option is available for developed single family residential lots under 10,000 square feet that are not subject to the Town’s Hillside Development Standards and Guidelines. All 15-gallon trees must be planted on-site. Any in-lieu fees for single family residential shall be based on 24” box tree rates as adopted by Town Council. 4Replacement Trees shall be approved by the Town Arborist and shall be of a species suited to the available planting location, proximity to structures, overhead clearances, soil type, compatibility with surrounding canopy and other relevant factors. Replacement with native species shall be strongly encouraged. Replacement requirements in the Hillsides shall comply with the Hillside Development Standards and Guidelines Appendix A and Section 29.10.0987 Special Provisions—Hillsides. Table 2: Town of Los Gatos Tree Canopy - Replacement Standard Canopy Size of Removed Tree (1) Replacement Requirement (2)(4) Single Family Residential Replacement Option (3)(4) 10 feet or less Two 24 inch box trees Two 15 gallon trees More than 10 feet to 25 feet Three 24 inch box trees Three 15 gallon trees More than 25 feet to 40 feet Four 24 inch box trees or two 36 inch box trees Four 15 gallon trees More than 40 feet to 55 feet Six 24 inch box trees; or three 36 inch box trees Not available Greater than 55 feet Ten 24 inch box trees; or ﬁve 36 inch box trees Not available Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 6 28 Page 209 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 Expected Impacts 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. Four tree will be highly impacted and likely need to be removed and include #259, #260, #261, and #263. Only #263 is indicated for removal on the plans. There is a new sewer and other infrastructure adjacent to the other trees along the side of the property (plan view east). 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. There are two tree protection zones determined which include the “calculated” and “specified”. The “calculated” tree protection zone is determined by a multiplication factor based on species tolerance, tree age/vigor/health, and trunk diameter. 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 will consist of fence around those to be retained at a specified distance of either eight times their trunk diameter in radius or along existing hard-scapes (driveway or roadway for the trees in front). Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 7 28 Page 210 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 Conclusion The inventory contains twenty trees comprised of six (6) different species. There are five Large Protected trees and none are Exempt or Street Trees. Ten trees are in good condition, nine fair, and one is in poor shape. The two toyon and coast live oak #259 are probably in the worst shape. Four tree will be highly impacted and likely need to be removed and include #259, #260, #261, and #263. Only #263 is indicated for removal on the plans. There is a new sewer and other infrastructure adjacent to the other trees along the side of the property (plan view east). The applicant will be required to replace four protected trees. Tree protection will consist of fence around those to be retained at a specified distance of either eight times their trunk diameter in radius or along existing hard-scapes (driveway or roadway for the trees in front). There were twenty protected trees appraised for a rounded depreciated value of $99,980.00. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 8 28 Page 211 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 Recommendations 1.Place tree protection fence around the trees to be retained as indicated in Appendix A. 2.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. 3.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. 4.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.” 5.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 9 28 Page 212 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 Bibliography 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 10 28 Page 213 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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 11 28 Page 214 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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 12 28 Page 215 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 Appendix A: Tree Inventory, Site Plan, and Protection  Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 13 28 X X X X TPZ Fence TPZ Page 216 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 Appendix B: Tree Inventory and Assessment Tables Table 3: 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)255 5 8 Good Low Protected $520.00 3 coast live oak (Quercus agrifolia)256 17 35 Good Low Protected $6,000.00 11 coast live oak (Quercus agrifolia)257 15 35 Good Low Protected $4,700.00 10 coast live oak (Quercus agrifolia)258 8, 7 15 Fair Low Protected $1,690.00 7 coast live oak (Quercus agrifolia)259 27 35 Fair High Large Protected $10,900.00 18 toyon (Heteromeles arbutifolia)260 6, 6, 2 15 Fair High Protected $1,920.00 6 toyon (Heteromeles arbutifolia)261 9, 8 15 Fair High Protected $3,670.00 8 buckeye (Aesculus californica)262 12 25 Good Low Protected $5,100.00 8 coast live oak (Quercus agrifolia)263 25 25 Good High Large Protected $13,100.00 17 buckeye (Aesculus californica)264 8 15 Fair Low Protected $1,620.00 5 black oak (Quercus kelloggii)265 13, 13 25 Fair Low Large Protected $5,000.00 12 blue oak (Quercus douglasii)266 18 20 Fair Low Protected $4,830.00 12 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 14 28 Page 217 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 black oak (Quercus kelloggii)267 24 35 Good Low Large Protected $6,700.00 16 blue oak (Quercus douglasii)268 24 35 Good Low Large Protected $12,000.00 16 coast live oak (Quercus agrifolia)269 6, 5 15 Fair Low Protected $910.00 5 coast live oak (Quercus agrifolia)270 18 15 Fair Low Protected $4,830.00 12 buckeye (Aesculus californica)271 11 15 Good Low Protected $4,290.00 7 buckeye (Aesculus californica)272 10 15 Good Low Protected $3,540.00 7 blue oak (Quercus douglasii)273 16 20 Good Low Protected $5,300.00 11 valley oak (Quercus lobata)274 15 20 Fair Low Protected $3,360.00 10 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 15 28 Page 218 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 Appendix C: Photographs C1: Oaks in front 255 -258  Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 16 28 Page 219 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 C2: Tree #259  Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 17 28 Page 220 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 C3: Trees #260 and #261 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 18 28 Page 221 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 C4: Trees #273 and #274 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 19 28 Page 222 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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 20 28 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 postsinstalled at 8' o.c. 5" thick layer of mulch. Notes: 1- See specifications for additional treeprotection 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" signlaminated in plastic spacedevery 50' along the fence. URBAN TREE FOUNDATION © 2014OPEN 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 Page 223 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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 21 28EVCHARGINGONLYEVCHARGINGONLYNOPARKINGNOPARKINGCLEAN 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 GATETO 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 C HI TECTST ATEOF CAL I F O R NIAAL ENDACSP 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 STRAWFILLED BURLAPWATTLES TREE PROTECTION WITHOUT FENCE 3/8" = 1'-0"4'-0"ROOT PROTECTIONZONE. SEE SPECS FORREQUIREMENTS 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.Page 224 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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 22 28 Page 225 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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 23 28 Page 226 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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 24 28 Page 227 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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 25 28 Warning Tree Protection Zone This Fence Shall Not Be Removed And Is Subject To Penalty According To Town Code 29.10.1025 Page 228 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 E2: Spanish Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 26 28 Cuidado Zona De Arbol Pretejido Esta valla no podrán ser sacados Y está sujeta a sanción en función de Código Ciudad del 29.101025 Page 229 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 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 27 28 Page 230 119 Harwood Court Tree Inventory, Assessment and Protection Report September 12, 2024 Certiﬁcation of Performance I Richard Gessner, Certify: That I have personally inspected the tree(s) and/or the property referred to in this report, and have stated my findings accurately. The extent of the evaluation and/or appraisal is stated in the attached report and Terms of Assignment; That I have no current or prospective interest in the vegetation or the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved; That the analysis, opinions and conclusions stated herein are my own; That my analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted Arboricultural practices; That no one provided significant professional assistance to the consultant, except as indicated within the report. That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any other subsequent events; I further certify that I am a Registered Consulting Arborist® with the American Society of Consulting Arborists, and that I acknowledge, accept and adhere to the ASCA Standards of Professional Practice. I am an International Society of Arboriculture Board Certified Master Arborist®. I have been involved with the practice of Arboriculture and the care and study of trees since 1998. Richard J. Gessner ASCA Registered Consulting Arborist® #496 ISA Board Certified Master Arborist® WE-4341B Copyright © Copyright 2024, Monarch Consulting Arborists LLC. Other than specific exception granted for copies made by the client for the express uses stated in this report, no parts of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, recording, or otherwise without the express, written permission of the author. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page of 28 28 Page 231 This Page Intentionally Left Blank Page 232 Town of Los Gatos September 23, 2024 Planning Division 110 E. Main Street Los Gatos, CA 95030 Re: The Residence, Formerly 119 Harwood Court, Architecture & Site App.: S-24-040, Arborist Comments Attn: Suray Nathan Below is our response to arborist comments and recommendations. As described in the Expected Impacts and Conclusion sections, the arborist has identified 4 trees that are highly impacted and likely need to be removed. Of these 4 trees, we’d like to remove only two trees, 263 and 261. We’d like to keep trees 260 and 259. We would like to provide a change to the plan to help ensure their survival, we have moved the proposed route for the sanitary sewer line to 13 feet and 11 feet, respectively, away from these trees. The path and stairs near tree 260 are gravel with wood railroad ties and on grade, no footings. These should not impact this tree. The steps near tree 259 are on or above grade within 7’ of the trunk. We would like to propose hand digging for any work under the drip line to best preserve the roots system in this area. Further, we are will to provide tree replacement for this tree in case it does not survive. We will do everything suggested by the arborist in order to keep this tree. 1. Tree protection fencing is now shown on the site plan and tree protection plan. Addition tree protection is now shown at trees 259 and 260. 2. A qualified arborist will perform any tree maintenance and care. 3. Appendix D will be referred to. 4. Tree protection fencing is now shown on the site plan, and grading plan. A tree protection plan, sheet T-1 has been added. 5. A copy of the arborist report has been provided to all parties. If you have any questions regarding the revisions made, please give me a call. Sincerely, Jaclyn Greenmyer 51 University Ave., Suite L Los Gatos, CA 95030 Tel: (408) 395-2555 EXHIBIT 7Page 233 This Page Intentionally Left Blank Page 234 EXHIBIT 8 Page 235 We have already had an email of support from Fred Falterstack which was very nice. We knocked on every available door, however, no neighbors were available in person at the time. We have chatted with the Hennessys about the project and they have no objections either. Donal & Maire Conroy Los Gatos CA 95032 United States Hi Neighbor, My name is Maire Conroy. My Husband, Donal and I have lived at for the last 10 years. We love our home and our neighborhood however, feel our house is too large for us now. We have decided to downsize by remodeling the guesthouse at the bottom of our property, which we plan to be our long term home. Our new home is a very simple, low profile modern design which we truly believe will be a lovely addition to the neighborhood while blending seamlessly into the hillside. If you have any questions or concerns we would be more than happy to meet with you in person. Please feel free to text me anytime at . Best wishes, Maire & Donal Page 236 EXHIBIT 9 Page 237 Page 238 Page 239 Page 240 Page 241 Page 242 Page 243 Page 244 Page 245 This Page Intentionally Left Blank Page 246 Page 247 Page 248 Page 249 Page 250 Page 251 Page 252 Page 253 Page 254 Page 255 Page 256 Page 257 Page 258 Page 259 Page 260 Page 261 Page 262 Page 263 REVISIONS DATE: SCALE:51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555S H E E TA NEW RESIDENCE:THE RESIDENCE(FORMERLY 119 HARWOOD COURT, LOS GATOS, CA)AS SHOWN A-9 PROPOSED ROOF PLAN 07/08/24 09/25/24A. 12/09/24B. 01/16/25C. BA-12 CA-13 DA-13 DA-13 1'-0"2'-53/4"1'-0"14'-6"3'-0" 1'-0"2'-0"3'-0"RECTANGULAR METAL GUTTER RECTANGULAR METAL GUTTER RECTANGULAR METAL GUTTER RECTANGULAR METAL GUTTER PARAPET CURB W/ METAL CAP PARAPET CURB W/ METAL CAP PARAPET CURB W/ METAL CAP EXISTING HALF WALL W/ NEW RAILING ABOVE PVC MEMBRANE ROOFING PVC MEMBRANE ROOFING PVC MEMBRANE ROOFING STONE VENEER CLADDED FIN WALL W/ METAL CAP FIXED SKYLIGHTS LOW SLOPE ROOF LOW SLOPE ROOF LOW SLOPE ROOF LOW SLOPE ROOF LOW SLOPE ROOF 1/12 1/12 1/12 1/12 TILED BALCONY AA-12 PVC MEMBRANE ROOFING SCALE: 1/4" = 1'-0" PROPOSED ROOF PLAN * SKYLIGHTS SHALL HAVE A FLAT PROFILE AND AND SHALL BE SELECTED TO REDUCE GLARE AT NIGHT. Page 264 Page 265 Page 266 Page 267 Page 268