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Exhibit 5 - Letter of Justification3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com REQUEST FOR EXEMPTION Town of Los Gatos Community Development Department 110 E. Main Street | Los Gatos, CA 95031 www.losgatosca.gov Plan Check: S-24-045 Architecture and Site Development Application Address: 16511 Cypress Way | Los Gatos, CA Description: Garage & Breezeway Replacement LRV Exceeding 30 The colors, textures and materials will match the primary structure. The scale of the structure is within zoning height limitations and complies with the Hillside Development Standards. Other attributes are discussed further in detail in the section above including architectural style, height, bulk, scale, roofs, windows, materials, architectural features, privacy, sustainable design and fire-life safety. An exemption has been requested for the LRV exceeding 30 since the intent for the proposed garage assembly is to have the same materials, textures and colors to match the existing residence for what is already established on site. The colors, textures and materials will match the primary structure. Exterior cladding is stucco and will match the main residence Roof is asphalt shingle tiles and will match the main residence Trim, gutters and facia will match the main residence Doors will match the stucco color Lattice and breezeway wall will match the existing nearby bbq terrace EXHIBIT 5 2 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Cut and Fill Exceeding Maximum Allowed Maximum grade cuts are based upon the existing terrain, preserving natural features and drainage and utilizing the existing garage location. Note that the garage foundation level is being maintained in the addition thus the noted maximum cut noted in the garage line item. A request for exemption is requested due to existing conditions on site. The garage is maintaining the same pad elevation as the existing removed. Due to the existing site configuration and constraints, cutting an additional 5.5’ is necessary to maintain the same pad elevation. Elevating the garage would require significantly more grading and asphalt modifications. The same is true for the additional 7’ of cut for the miscellaneous hardscape and additional 3’ of cut for the landscaping. 3 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com 4 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Additional Trees Removed & In Lieu Fee Request Tree removal is necessary to accommodate the new garage size with the grading and drainage required. The Town’s Arborist report identifies 4 trees to be removed, however this was based upon the original submittal before comments were received. The resubmittal has shown a total of 8 trees to be removed in order to comply with the requirements in the Hillside Development Standards for retaining walls limited to 5-foot high and WUI (Wildland Urban Interface) requirements through AMMC (25-0417). The site is located in a very high fire hazard severity zone (VHFHSZ). Tree replacement is not being proposed due to WUI requirements as planting new trees will result in a greater fire hazard than the original condition, especially when the trees are fully mature. Tree canopies in Zone 1 shall not touch in order to accommodate a reasonable fire break. Planting any new tree would not accommodate this. In-lieu fees are being requested instead of planting any new trees.