2025-069 - ADOPTING FINDINGS REQUIRED BY GOVERNMENT CODE 655895 f 6 D iv IN RESPONSE TO NOTICE OF CHALLENGED CONDUCT SUBMITTED TO THE TOWN ON 100225 RESOLUTION 2025-069
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ADOPTING FINDINGS REQUIRED BY GOVERNMENT CODE§65589.5(0(6)(D)(iv)
IN RESPONSE TO NOTICE OF CHALLENGED CONDUCT
SUBMITTED TO THE TOWN ON OCTOBER 2,2025
PROPERTY LOCATION:14288 CAPRI DRIVE
APN:406-30-016
ARCHITECTURE AND SITE APPLICATION:S-24-044
PROPERTY OWNER:LOS GATOS LLC
APPLICANT:SOCAL INDUSTRIAL EQUITIES
WHEREAS,the Government Code Section 65589.5(h)(6)(D)defines"disapprove the housing
development project"to include any instance in which a local agency fails to cease a course of conduct
undertaken for an improper purpose, including to harass or to cause unnecessary delay or needless
increases in the cost of a proposed housing development project,that effectively disapproves the
proposed housing development without taking final administrative action if certain conditions are met;
and
WHEREAS,Government Code Section 65589.5(h)(6)(D)(i) provides that the applicant for a
proposed housing development project must provide a local agency with written notice detailing the
challenged conduct and why it constitutes disapproval;and
WHEREAS,Government Code Section 65589.5(h)(6)(D)(iii) bars the local agency from making a
determination on a Challenged Conduct Notice until at least 60 days after the project applicant provides
the local agency with the written Challenged Conduct Notice;and
WHEREAS,Government Code Section 65589.5(h)(6)(D)(iv) provides that within 90 days of
receipt of the applicant's written Challenged Conduct Notice,the local agency shall issue written
statement that it will immediately cease the challenged conduct,or issue written findings that(1)
articulate an objective basis for why the challenged course of conduct is necessary, and (2) provide clear
instructions on what the applicant must submit or supplement so that the local agency can make a final
determination regarding the next necessary approval or set the date and time of the next hearing;and
WHEREAS,on August 23, 2024,SoCal Industrial Equities submitted Architecture and Site
Application S-24-044 for 119 dwelling units;and
WHEREAS,Architecture and Site Application S-24-044 was deemed complete on September 17,
2025;and
WHEREAS,on October 2, 2025,SoCal Industrial Equities submitted a Challenged Conduct Notice
pursuant to Government Code Section 65589.5(h)(6)(D)(i),as described in Exhibit A and attached as
Attachment A;and
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Resolution 2025-069 December 16,2025
WHEREAS,within five working days of receiving the Challenged Conduct Notice,the Town
posted the notice on the Town's website and filed the notice with the Santa Clara County Clerk. No
person had made a written request for notice under Public Resources Code Section 21167(f);and
WHEREAS,the Town considered all objections,comments,evidence and concerns about the
project and the applicant's written notice and did not make a determination until at least 60 days after
receipt of the applicant's written notice; and
WHEREAS,on December 16, 2025,the Los Gatos Town Council reviewed the Challenged
Conduct Notice and proposed findings at a public meeting and considered all public testimony and all
written materials provided to the Council;and
WHEREAS, based on substantial evidence and the totality of the record,the Town Council
resolves as follows.
NOW,THEREFORE,BE IT RESOLVED,THAT THE TOWN COUNCIL HEREBY FINDS THAT BASED
ON SUBSTANTIAL EVIDENCE IN THE RECORD:
1. The foregoing recitals are true and correct and are incorporated by reference into this
action.
2. The Town Council adopts the findings,attached hereto as Exhibit"A,"including all
attachments and linked documents, in response to the Challenged Conduct Notice provided
by SoCal Industrial Equities on October 2, 2025.
PASSED AND ADOPTED at a meeting of the Town Council of the Town of Los Gatos,California, held on
the 16th day of December, 2025, by the following vote:
TOWN COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Matthew Nudes, Mary Badame, Mayor Rob Moore
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
AYOR, LOS GATOS TOWN COUNCIL
ATTEST:
TOWN-CIA K
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Resolution 2025-069 December 16,2025
EXHIBIT"A"
December 16,2025
VIA ELECTRONIC MAIL
Ben Eilenberg
SoCal Industrial Equities
eilenberglegal@gmail.com
socalindustrialequities@gmail.com
RE: Findings in Response to Challenged Conduct Notice (Gov't Code Section
65589.5(h)(6)(D)Regarding Vista Capri Housing Development Project
This Exhibit provides the findings of the Town of Los Gatos (the "Town") in response to the
Challenged Conduct Notice (the "Notice") submitted to the Town on October 2, 2025 by SoCal
Industrial Equities (the "Applicant") for a 119-unit housing development project (the "Project")
located at 14288 Capri Drive in the Town.
In response to the receipt of the Notice, and as required by the Government Code Section
65589.5(h)(6)(D)(ii)1, the Town posted the Notice on the Town's website on October 9, 2025
(https://www.losgatosca.gov/2371/C) and filed the Notice with the Santa Clara County Clerk on
October 9, 2025 (See Attachment A). No person has made a request for notices under Public
Resources Code Section 21167(f).
As required by Section 65589.5(h)(6)(D)(iv), this letter describes why the challenged course of
conduct was necessary and provides clear instructions on what the Applicant must submit or
supplement so that the Town can make a final determination regarding the next necessary approval
or set the date and time of the next hearing.
Background and Project History
On March 5, 2024, the Applicant filed a preliminary application for the Project containing all the
information required by Section 65941.1. On August 23, 2024,the Applicant filed Architecture and
Site Application No. S-24-044 (the "Application") for approval of demolition of an existing
commercial building, construction of a multi-family residential development containing 119 units,
and site work requiring a grading permit. The Town found the application to be complete on
September 17,2025, pursuant to Section 65943.
If the Town considers a proposed housing development project to be inconsistent, not in
compliance, or not in conformity with any applicable "plan, program, policy, ordinance, standard,
requirement, or other similar provision,"Section 65589.5(j)(2) requires the Town to provide written
documentation identifying the provision and an explanation of the reasons that the development is
non-compliant within 30 days after the application is found to be complete under Section 65943. In
accordance with this requirement of state law, the Town provided written documentation of the
Project inconsistencies to the Applicant in a letter dated September 17, 2025(the "Staff Technical
1 All further references are to the Government Code unless otherwise stated.
Review Letter"), in the same letter in which the Town found the Project to be complete (See
Attachment B).
On September 17, 2025, the Applicant's legal counsel, Richard Jacobs, sent a letter to the Town
detailing the Applicant's position that the Project qualifies for the statutory exemption from the
California Environmental Quality Act ("CEQA") contained in Public Resources Code Section
20180.66 and requesting a response by September 26,2025(See Attachment A).
On September 18,2025,Jacobs sent another letter to the Town,this time raising various objections
to requests in the Staff Technical Review Letter(See Attachment A).
On October 2, 2025, the Applicant's representative, Ben Eilenberg, sent an email to the Town
regarding the September 17 and September 18 letters. Eilenberg's email stated, in relevant part:
"Please consider this our request to move forward with the administrative process set forth in
Government Code Section 65589.5(h)(6)(D)."Eilenberg's email attached Jacobs'September 17 and
September 18 letters (See Attachment A). Based on the foregoing, the Town determined that the
Applicant's Challenged Conduct Notice - which includes Eilenberg's email and both of Jacobs'
letters-was submitted on October 2,2025.
Section 65589.5(h)(6)(D)(iii) does not allow the Town to make any determination about the Notices
until at least 60 days after the Notice is filed,so that that the Town could not make any determination
regarding the issues raised in the Notice before December 1, 2025. The Town must make a
determination within 90 days after the Notice.
Actions Challenged
A course of conduct "effectively disapproves" a proposed housing development if the course of
conduct was"undertaken for an improper purpose,such as to harass or to cause unnecessary delay
or needless increases in the cost of the proposed housing development,"and that course of conduct
"effectively disapproves the proposed housing development"[Section 65589.5(h)(6)(D)].
The Notice challenges several actions taken by the Town regarding the Project,as follows:
Issues Related to CEQA Compliance
• The Applicant's contention that the Project is eligible for the exemption from CEQA provided
by Public Resources Code Section 21080.66 (September 17,2025 Letter).
• The Town's request for additional information to determine what environmental analysis
should be completed for the Project and the Town's note that future fees may be required to
complete the required environmental analysis(Items 3 and 4 in September 18,2025 Letter).
Other Issues Contained in September 18.2025 Letter
• The Town's requirement that the Project apply for a Conditional Use Permit and ask not to
include commercial uses in the Project(Item 1).
• The Town's requirement that the Applicant pay outstanding fees related to review by the
Town's Consulting Arborist and Consulting Architect(Items 5 and 6),
• The Town's recommendation that the Applicant reach out to all necessary outside agencies
and neighboring properties to provide any required notification regarding the Project(Item
7).
• The Town's determination that the Project Description/Letter of Justification and the Project
floor plans do not demonstrate how the Project complies with the Town's Below Market
Price(BMP)program requirements(Items 8 and 10).
Challenges to Town's Actions under CEQA
The September 17 letter states that the Project qualifies for the statutory exemption from CEQA in
Public Resources Code Section 20180.66. Items 3 and 4 in the September 18 letter state that any
attempts from the Town to require additional reports on environmental matters are improper
because the Project is exempt from CEQA.
However,the Town's actions"in furtherance of complying with[CEQA],including,but not limited to,
imposing mitigation measures, shall not constitute project disapproval under this
subparagraph" (i.e., pursuant to a Challenged Conduct Notice) [Section 65589.5(h)(6)(D)(vi)].The
requests included in Items 3 and 4 in the Staff Technical Review Letter(challenged in the September
18 letter),copied below,were in furtherance of complying with CEQA:
3) CEQA: Clarify whether the applicant team anticipates providing any technical studies
related to environmental analysis (traffic, habitat, cultural, air quality, noise,soils, etc.)
for peer review by the Town Environmental Consultants. If not provided, the studies
determined to be required by the Environmental Consultant will be prepared by the Town
Environmental Consultants at the cost of the applicant.
• You previously indicated via email that your team will prepare an Arborist Report and
Traffic Study. Please confirm.Additionally, an email was forwarded to your team on
9/13/24, requesting some additional information in the Phase l ESA and the Noise
Report. Please provide a response.
• The response letter uploaded in July 2025[a response from the applicant quoted by
the Town] states that, "under the new laws passed, CEQA no longer applies to this
project." Please specify which CEQA exemption you believe applies to this project,
and provide substantial evidence that the project meets each requirement of the
exemption.Staff will then review to determine eligibility.
4) CEQA: Staff is coordinating with Town Environmental Consultants to determine what
environmental analysis will be required for the project. Environmental analysis is
required at cost to the applicant.Staff will require payment of a deposit at a future date.
• The response letter uploaded in July 2025 states that, "under the new laws passed,
CEQA no longer applies to this project."See response to#[3]above.
The Applicant has challenged both of these items based on the Applicant's contention that no further
environmental review can be required because the Project is eligible for the statutory exemption
from CEQA provided by Section 21080.66. Both items were requested by the Town in furtherance of
complying with CEQA. As a result,the Town's request for that information cannot constitute project
disapproval pursuant to a Challenged Conduct Notice.
The September 17,2025 letter asserts that the Project is eligible forthe statutory exemption provided
by Public Resources Code Section 20180.66.The Town was reviewing the letter but had not reached
a conclusion when the Challenged Conduct Notice was filed on October 2,2025.The Town's review
of the request was in furtherance of complying with CEQA by determining whether the Project was
eligible for the proposed exemption. As a result, the Town's actions cannot constitute project
disapproval pursuant to a Challenged Conduct Notice.Note that because no response can be made
to a Challenged Conduct Notice for 60 days,the Town's response has been substantially delayed.
All of the issues raised regarding the Town's actions in furtherance of complying with CEQA are not
a proper subject for a Challenged Conduct Notice and will not be further discussed further.
The HousingAccountability Act establishes a specific procedure for an applicant to challenge a local
agency if the applicant believes a project is eligible for a CEQA exemption (See Section 65589.5.1).
The Applicant has not invoked or followed this process.
Objective Basis for the Challenged Course of Conduct.
The findings below respond to the remaining items challenged in the Applicant's letter of September
18, 2025. All of the challenged conduct relates to items contained in the Staff Technical Review
Letter, dated September 17, 2025, regarding the Project's consistency with Town standards and
requirements.Agency conduct is not consistent with State law if it is taken for an improper purpose.
In respond ingto the Notice,the Town must first provide findings that articulate an objective basis for
why the challenged course of conduct was necessary. In this case, the Town's course of conduct
was both required by and complies with state law, is consistent with the Town's local objective
requirements,and was not undertaken for an improper purpose.
A. The Town's Challenged Course of Conduct Was Required by State Law.
Government Code Section 65589.5(j)(2)(A) requires the following actions by the Town:
"If the local agency considers a proposed housing development project to be inconsistent,
not in compliance, or not in conformity with an applicable plan, program, policy,ordinance,
standard, requirement, or other similar provision as specified in this subdivision, it shall
provide the applicant with written documentation identifying the provision or provisions,and
an explanation of the reason or reasons it considers the housing development to be
inconsistent, not in compliance,or not in conformity as follows:
"(i) Within 30 days of the date that the application for the housing development
project is determined to be complete, if the housing development project contains
150 or fewer housing units."
After the Project application was found to be complete on September 17,2025 under Section 65943,
the Town was required to notify the Applicant within 30 days of any standard with which the Project
was inconsistent.Town Staff reviewed each applicable"plan,program,policy,ordinance,standard,
requirement,or other similar provision"adopted by the Town.On the same day that the Town found
the application was complete,the Town sent the Applicant the Staff Technical Review Letter,which
contained the required written documentation identifying the provisions with which the Project was
inconsistent,including an explanation of the reasons it considered the housing development project
to be inconsistent. The purpose of a consistency letter is to enable an applicant to correct any
deficiencies so that a housing development project may be approved. An applicant may elect to
achieve consistency by some combination of design modifications, requests for rezoning or other
discretionary approvals, or specific requests for concessions and waivers of the various standards
that were not met,as permitted under state density bonus law(See Sections 65915 etseq.).
The requirements of State law provide an objective basis why this course of conduct was necessary:
the Town was required to provide the Applicant with written documentation identifying those Town
standards with which it considered the Project to be inconsistent.
B. The Town's Determinations of Inconsistency are Supported by Local and State Law.
The Applicant challenges several of the conclusions in the Staff Technical Review Letter. These
actions by the Town constitute a disapproval only if they were taken for an improper purpose, such
as to harass or to cause unnecessary delay or needless cost increases [Section 65589.5(h)(6)(D)].
The sections below present the Town's objective bases for the challenged course of conduct.
9. Conditional Use Permit Requirement.
Town Requirement. The project site is zoned C-1 (Neighborhood Commercial). The Town's Zoning
Code provides that"the activities listed in the table in section 29.20.185 are allowed[in the C-1 Zone]
if a conditional use permit is issued" (Town Code § 29.60.215).Among the conditionally permitted
uses for the C-1 Zone is "Multiple-family dwelling (in a mixed-use project)" (Town Code §
29.20.185(8)(c))(See Attachment C).The requirement to apply for a Conditional Use Permit(CUP)is
applied uniformly to all projects that propose multi-family residences in the C-1 zone.
The Staff Technical Review Letter explains that multi-family residential is not a principally permitted
use in the C-1 Zone,and that the C-1 Zone allows'multiple-family dwelling(in a mixed-use project)'
with a conditional use permit.Accordingly,the Staff Technical Review Letter provides that because
the Project proposes to construct multi-family dwellings but no commercial in the C-1 Zone, the
Applicant"must apply for a Conditional Use Permit,"and request that mixed-uses not be required.
Applicant Objection.The Notice states that the "primary issue [is that]CUP's are not an allowable
requirement for Builder's Remedy projects...because Government Code Section 65589.5 [the
"Housing Accountability Act," or "HAA"] deems projects to be consistent with zoning and general
plans once the planning application is complete." To support this assertion, the Notice cites to
Section 65589.5(f)(6)(D)(iii),which provides "Notwithstanding paragraphs (1)to (5), inclusive, all of
the following apply to a housing development project that is a builder's remedy project Any project
that complies with this paragraph shall be deemed consistent,compliant,and in conformity with an
applicable plan, program, policy, ordinance, standard, requirement, redevelopment plan and
implementing instruments, or other similar provision for all purposes, and shall not be considered
or treated as a nonconforming lot, use,or structure for any purpose."
The Notice further challenges the Town's requirement that the Project apply for a CUP on the basis
that"CUP's are, by their very nature, discretionary."The Notice states that because "with Builder's
Remedy projects all discretion must be exercised in favor of the approval and provision of housing
(Gov.Code§89(a)(2)(L)),"then"CUP process is both irrelevant and improper."
Basis for the Town's Course of Conduct. The Project does not qualify as a "builder's
remedy project"as defined by the version of the HAA that went into effect on January 1,2025.
The provisions that the Notice quotes from Section 65589.5 apply only to projects meeting
the definition of a"builder's remedy project"contained in Section 65589.5(h)(11).
The Project is Not a "Builder's Remedy Project" As Now Defined by the HAA. Section
65589.5(h)(11) provides that a "builder's remedy project" must not have a density that
exceeds the greatest of the following: (a) 50 percent greater than the minimum density
deemed appropriate to accommodate housing for the jurisdiction (which is 30 dwelling
units/acre for the Town); (b)three times the density allowed by the general plan,zoning, or
state law,whichever is greater;or(c)the density that is consistent with the density specified
in the housing element[Section 65589.5(h)(11)(C)(i)].Where any portion of the site is located
in a high or highest resource census tract,then the greatest allowable density is 35 units per
acre more than the amount allowable pursuant to clause(i)[Section 65589.5(h)(11)(C)(ii)].
Here,the maximum density allowed on the site by the general plan and zoning is 20 dwelling
units per acre; no provisions of state taw set density for the site.Three times the maximum
density is 60 dwelling units per acre, plus 35 dwelling units per acre because the site is in a
high opportunity census tract.The maximum density is thus 95 dwelling units per acre.
For the 0.53-acre Project site,the base density allowed is 51 units(rounded up).The Project
is proposed to have 24 low income units,entitling the project to a 50 percent density bonus,
and so allowing 77 units.The Applicant is proposing to construct 119 units,well in excess of
the maximum density for a"builder's remedy project"as defined by Section 65589.5(h)(11).
Therefore,the provisions to which the Notice cites do not apply to the Project because the
Project is not a "builder's remedy project"for the purposes of the cited sections.
The Project May Utilize the"Builder's Remedy" Provisions Contained in the 2024 Version of
the HAA. Nonetheless, because the Project submitted a preliminary application prior to
certification by the California Department of Housing and Community Development (HCD)
of the Town's Sixth Cycle Housing Element,the Project is a"builder's remedy project"under
the 2024 version of the HAA [Section 65589.5(f)(7)(A)]. That version of the HAA stated that,
"nothing in this section shall be construed to prohibit a local agency from requiring the
housing development project to comply with objective, quantifiable, written development
standards, conditions, and policies appropriate to, and consistent with, meeting the
[Town's] share of the regional housing need" so long as the ordinance, policy, or standard
being applied was adopted and in effect at the time that the project submitted its preliminary
application [Sections 65589.5(f)(1),(o)]. The Town may therefore require the Project to
comply with objective standards in effect when the preliminary application was filed,even if
the Town may not be able to deny the project under Section 65589.5(d)(5)(2024).
The HAA Allows the Town to Require a CUP. The requirement to apply for a CUP is an
objective,written standard that was in effect at the time that the preliminary application for
the Project was submitted.Specifically,the Town's Zoning Code provides that"the activities
listed in the table in section 29.20.185 are allowed[in the C-1 Zone]ifa conditional use permit
is issued" [Town Code §29.60.215 (emphasis added)]. Among the conditionally permitted
uses for the C-1 Zone is "Multiple-family dwelling (in a mixed-use project)" [Town Code §
29.20.185(8)(c)].The requirement to apply for a CUP is applied uniformly to all projects that
propose a multi-family residential use in the C-1 zone.2
Further,the contention that the review of an application for a CUP is inherently discretionary
is entirely speculative. For one, the Staff Technical Review Letter merely requires that the
Applicant submit the application fora CUP,which,as explained, is an objective requirement
in and of itself. More importantly, the Staff Technical Review Letter does not state or imply
that the Town will consider or require the Project to comply with any subjective standards to
issue the CUP.
2. Town ConsultingArborist Fee.
Town Requirement. The Staff Technical Review Letter states that review by the Town's Consulting
Arborist is required to provide a peer review of the arborist report submitted by the Applicant, and a
deposit of$2,750 is required.
Applicant Objection. Citing to the standards in Section 29.10.0990 of the Town Code, the Notice
challenges the Town's requirement for payment for a fee for review by the Town's Consulting Arborist
on the basis that "the standards of review for the Town Arborist are, by their very nature,
discretionary."The Notice states that because "with Builder's Remedy projects all discretion must
be exercised in favor of the approval and provision of housing"then "the consulting arborist review
is both irrelevant and improper."The Notice also states that because"the Town cannot create new
standards that apply to the project after the submission of the SB330 Preliminary Application under
Government code Sections 65941, et seq., the Town's Arborist cannot perform the discretionary
review called for in the Town's Municipal Code."
Basis for the Town's Course of Conduct.As explained above,the Project does not qualify
as a "builder's remedy project" under the 2025 version of the HAA. Accordingly, the Town
may, under the 2024 version of the HAA, require the Project "to comply with objective,
quantifiable, written development standards, conditions, and policies appropriate to, and
consistent with,meeting the[Town's]share of the regional housing need pursuant to Section
65584"so long as the ordinance,policy,or standard being applied was adopted and in effect
at the time that the housing development project submitted its preliminary application
[Section 65589.5, subs. (f)(1);(o)]."Ordinances,policies,and standards"include"permit or
processing fees"[Section 65589.5(o)(4)].
The Town has adopted a Tree Protection Ordinance (Division 2 of Chapter 29 of the Town
Code)which applies"to every property owner and to every person,corporation, partnership,
sole proprietorship or other entity responsible for removing,maintaining or protecting a tree"
2 Even if the Project is redesigned to meet the 2025 definition of a "builder's remedy project,"the Town could still
require an application for a conditional use permit. For projects meeting the 2025 definition,the statute provides
that the applicant cannot be required to apply for a legislative approval,such as a general plan or zoning amendment,
and cannot be required to apply for any permit not generally required of a project of the same type and density as
proposed by the applicant.(§65589.5(f)(6)(D)(i),(ii).)A conditional use permit is not a legislative approval.The Town
requires all applicants for multifamily projects in commercial zones to apply for a use permit and may require the
same for builder's remedy projects proposing multifamily uses in commercial zones.
which trees are enumerated in the Code (See Town Code § 29.10.0960). Where any new
development proposes the removal of or impact to one or more protected trees, the Town
requires that the application for the development project "include a Tree Survey Plan and
Tree Preservation Report based on this survey"[Town Code§29.10.1000(a)].The Tree Survey
and Tree Preservation Report (together,the "Arborist Report") are to be prepared by either
the applicant's certified arborist or the Town's consulting arborist [Town Code §
29.10.1000(a);(c)]. Where the Arborist Report is completed by the applicant's certified
arborist,the Town's consulting arborist is required to peer review the Arborist Report[Town
Code§§29.10.1000(b); (c)(2)].The Arborist Report is required to be submitted as part of the
project application and included as part of the staff report to the Town reviewing body upon
consideration of the application for a development project [Town Code § 29.10.1000(a);
(c)(1); (d)](See Attachment D).
Since the requirement to provide an Arborist Report as part of the application for a new
development is provided in the Town Code and applies uniformly to all projects that propose
the removal or impact to a protected tree, this requirement is an objective standard with
which the Town can require compliance.Similarly,the requirement to pay a fee to have the
submitted Arborist Report reviewed by the Town's Consulting Arborist is also a written,
objective standard that can be found in Town's Comprehensive Fee Schedule for Fiscal Year
2023/243.The Fee Schedule was published on the Town's website at the time that the Project
submitted its preliminary application. On page 26, under"Development Services,"the Fee
Schedule provides that fees for "consultation" shall be equal to actual cost on an hourly
basis.Although that provision establishes a deposit of$2,000,provisions regarding"Fees for
Major Projects,"on page 15, state:
If it is anticipated that the application processing costs of selected major projects
will significantly exceed the following fees,the Director of Community Development
may collect a deposit and charge actual time spent to process the applications
based upon current hourly rates.
Here, the staff emailed the Consulting Arborist,who stated that the cost of the review was
estimated at $2,500. The Town's Fee Schedule, on page 21, imposes a 10 percent
Administrative Fee on all other fees. The Administrative Fee for the Consulting Arborist's
review totaled$250,resulting in the requested deposit of$2,750.
The requirement to pay for a Consulting Arborist's review is an objective, written standard
that was in effect at the time that the preliminary application for the Project was submitted.
Further, the contention that the Arborist's review is inherently discretionary is entirely
speculative.The Staff Technical Review Letter merely requires that the Applicant submit the
deposit for the review, which is an objective requirement in and of itself. More importantly,
the Staff Technical Review Letter does not state or imply that the Town will consider or
require the Project to comply with any subjective standards.
3 The Town's fee schedule is published on the Town's website.The fee schedule applicable to this Project is
available here:https://www.losgatosca.gov/DocumentCenter/View/35733/FY23-24-Fee-Schedule?bidld=.
3. Town Consulting Architect Fee.
Town Requirement. The Staff Technical Review Letter states that review by the Town's Consulting
Architect requires payment of an$8,250 deposit.
Applicant Objection.The Notice challenges that Town's requirement for payment of a fee for review
by the Town's Consulting Architect on the basis that"it is unsupported by[the Applicant's]review of
the Town's Municipal Code"meaning that the Applicant"did not find any reference to a requirement
that the Town's Consulting Architect."The Notice also objects to this requirement on the basis that
"any review of the project is limited the Town'[sic]objective design standards"which"is traditionally
in the purview of the Planning Staff, not an outside architectural consultant" and accordingly
requests that the Town provide(1)statutory authorization delegating the power to conduct objective
design standard review to the Town's Consulting Architect and (2) a copy of the contact with the
Town's Consulting Architect demonstrating that their duties include review of projects for objective
design standards.
Basis for the Town's Course of Conduct. The Project does not qualify as a "builder's
remedy project" under the 2025 version of the HAA. Accordingly,the Town may, under the
2024 version of the HAA, require the Project"to comply with objective, quantifiable,written
development standards, conditions, and policies appropriate to, and consistent with,
meeting the[Town's]share of the regional housing need pursuant to Section 65584"so long
as the ordinance,policy,or standard being applied was adopted and in effect at the time that
the housing development project submitted its preliminary application [Section 65589.5,
subs. (f)(1); (o)]. "Ordinances, policies, and standards" includes "design review standards
and criteria"and "permit or processing fees"[Section 65589.5(0)(4)].
The Town Council has established the roles and responsibilities of the Town's Planning
Commission and Consulting Architect by resolution [See Attachment E (Town Council
Resolution No. 2002-25)]. The Resolution provides that the "architectural consultant will
review plans and provide guidance to applicants to ensure plans are in compliance with
applicable design standards and guidelines, specific plans and the General Plan" and that
"[r]eports on projects that reviewed by the Planning Commission will include the
recommendations of the architectural consultant and plans that have been revised to
incorporate those recommendations."(Id.)The Town's contract with the current Consulting
Architect, Cannon Design Group, incorporates the duties established by Resolution No.
2002-25 into the scope of services [See Attachment F (Agreement for Consulting Services,
Article II, section 2.1)].
Since the requirement for review by the Consulting Architect applies uniformly to all projects
that require review by the Planning Commission, this requirement is an objective standard
with which the Town can require compliance.Similarly,the requirement to pay a fee to have
the plans reviewed by the Town's Consulting Architect is also a written, objective standard
that can be found in Town's Comprehensive Fee Schedule for Fiscal Year 2023/244.The Fee
Schedule was published on the Town's website at the time that the Project submitted its
preliminary application.On page 26,under"Development Services,"it provides that fees for
4 The Town's fee schedule is published on the Town's website.The fee schedule applicable to this Project is
available here:https://www.losgatosca.gov/DocumentCenter/View/35733/FY23-24-Fee-Schedule?bidld=.
"consultation" shall be equal to actual cost on an hourly basis. Although that provision
establishes a deposit of$2,000, provisions regarding"Fees for Major Projects," on page 15,
state:
If it is anticipated that the application processing costs of selected major projects
will significantly exceed the following fees,the Director of Community Development
may collect a deposit and charge actual time spent to process the applications
based upon current hourly rates.
Here, the staff called the Consulting Architect, who stated that the cost of the review was
estimated at $7,500. The Town's Fee Schedule, on page 21, imposes a 10 percent
Administrative Fee on all other fees. The Administrative Fee for the Consulting Arborist's
review totaled$750,resulting in the requested deposit of$8,250.
The requirement to pay for a Consulting Architect's review is an objective,written standard
that was in effect at the time that the preliminary application for the Project was submitted.
Further, the contention that the Architect's review is inherently discretionary is entirely
speculative.The Staff Technical Review Letter merely requires that the Applicant submit the
deposit for the review, which is an objective requirement in and of itself. More importantly,
the Staff Technical Review Letter does not state or imply that the Town will consider or
require the Project to comply with any subjective standards.
4. Notification to Outside Agencies and Neighboring Properties.
Town Requirement.The Staff Technical Review Letter requests that the Applicant provide a response
letter to VTA's comments,which were provided to Staff on May 29,2025 and thereafter forwarded by
Staff to the Applicant,to explain which of VTA's comments have been addressed.
Applicant Objection.The Notice challenges the request to respond to VTA's comments on the basis
that traffic impacts are part of CEQA analysis and therefore do not need to be addressed since the
Project is exempt from CEQA. Additionally, the Notice states that "there does not appear to be a
basis for imposing exactions from Caltrans and VTA"and that"VTA's own addition in its email dated
May 29,2025 that it is not providing ADA compliant facilities two blocks away from[the Project]does
not obligate [the Applicant] to pay for the VTA coming into compliance with the ADA." The Notice
requests a basis for imposing this exaction on the Project.
Basis for the Town's Course of Conduct.While the request to respond to VTA's comment
was included in the "consistency" letter, it was a recommendation only. Neither the
continued processing of the Project application nor scheduling the Project for public hearing
are contingent upon the requirement that the Applicant provide a written response to VTA's
comments.
5. Town's Below Market-Rate Program Requirements.
Town Requirement.The Staff Technical Review Letter provides that the"floor plans and the`Project
Description/Letter of Justification' need to specify which units are Below Market Price (BMP) and
specify how compliance with the Town's BMP requirements at met."Specifically,the Staff Technical
Review Letter states that the"Project Description/Letter of Justification does not mention the Town's
BMP program"and requests that the Applicant provide justification(s)if they do not intend to comply
with the BMP unit size or other standards. The Staff Technical Review Letter requests that the
Applicant provide a written statement in the Project Description/Letter of Justification about how the
Project will comply with the BMP requirements or alternatively, if the Project will not comply any of
the BMP requirements, a justification for any such deviation.
Applicant Objection.The Notice challenges both of these aforementioned requirements on the basis
that the "Town's BMP Program is superseded by the California State Housing Laws for this project,
including the Housing Crisis Act, the Housing Accountability Act, the Permit Streamlining Act and
the related measures. (Cal. Const. Art. XI, Sec. 7.)" Therefore, the Notice concludes, "the Town's
BMP Program is irrelevant to this project."
Basis for the Town's Course of Conduct. The Project does not qualify as a "builder's
remedy project" under the 2025 version of the HAA. Accordingly, the Town may, under the
2024 version of the HAA, require the Project"to comply with objective, quantifiable,written
development standards, conditions, and policies appropriate to, and consistent with,
meeting the [Town's]share of the regional housing need pursuant to Section 65584"so long
as the ordinance,policy,or standard being applied was adopted and in effect at the time that
the housing development project submitted its preliminary application [Section 65589.5,
subs. (f)(1); (o)]. "Ordinances, policies, and standards" includes "zoning" and "any other
rules,regulations,requirements,and policies of a local agency,as defined in Section 66000,
including those relating to development impact fees...and other exactions" [Section
65589.5(o)(4)].
The Town's BMP program is codified in Division 6 of Article VIII of Chapter 29 of the Town
Code and further detailed in the Town's Below Market Price Housing Program Guidelines(the
"Guidelines").5 The BMP Program is applicable to all residential projects that include five(5)
or more residential units or parcels (Town Code§29.10.3025).As applicable to this Project,
the BMP Program requires that"all projects in excess of one hundred (100)market rate units
must provide a number of BMP units equal to twenty(20)percent of the market rate units.s6
(Id.) The Guidelines establish additional requirements related to the characteristics of the
BMP units, including the size, location and finish of said units(Guidelines,section III).
The requirement to provide BMP units is a written,objective standard that was in effect at the
time that the Applicant submitted the preliminary application for the Project. As such,the
Town may request additional information to determine how and whether the Applicant
intends to comply with the requirement to provide BMP units, or alternatively, whether the
5 The Town's BMP Program Guidelines are published on the Town's website and are available here:
https://www.losgatosca.gov/DocumentCenter/View/2773/BMP-POLICIES?bid Id=.
6 To qualify as a builder's remedy project under the 2024 version of the HAA,the Project must be"housing for very
low,low,or moderate income households"meaning that either(a)at least 20 percent of the total units shall be sold
or rented to lower-income households(as defined in Health and Safety Code Section 50079.5)or(b)100 percent of
the units are sold or rented to persons and families of moderate income (as defined in Health and Safety Code
Section 50093)or persons and families of middle income(as defined in Section 65008).(Section 65589.5(d);(h)(3).)
Applicant is seeking a waiver from the BMP requirements and the basis for the requested
waiver.
State law also requires that occupants of the affordable housing units within a mixed-income
multifamily structure shall have the same access to the common entrances and common
areas and amenities of that structure as the occupants of the market-rate housing units and
that a mixed-income multifamily structure shall not isolate the affordable housing units
within that structure to a specific floor or an area on a specific floor(Health and Safety Code
§ 17929).The Town needs to know the location of the BMP units to confirm that the Project
conforms with this requirement.
Finally, state and federal fair housing laws do not allow discrimination against families with
children.The Town needs to know the size and number of bedrooms and baths to ensure that
the units have the same proportion of bedrooms and baths as the market-rate units and are
not all designated for studio and one-bedroom units that are unsuitable for children.
C. There Is No Evidence that the Course of Conduct was Undertaken for an Improper
Purpose, Such as to Harass or to Cause Unnecessary Delay or Needless Increases
in the Cost of the Proposed Project.
The Notice provides no evidence that the Town's course of conduct in providing the Staff Technical
Review Letter was undertaken for the purpose of harassing the Applicant, causing unnecessary
delay, or causing needless increases in Project costs. None of the requirements that the Applicant
objects to would necessarily require changes in the Project, nor would they cause an unnecessary
delay or increase in cost.The statute cannot be interpreted to mean that an applicant can submit a
project inconsistent with Town ordinances, polices, guidelines and standards and then argue that
the Town's actions in pointing out those inconsistencies was taken for an improper purpose.
The Applicant disagrees with some of the requirements contained in the Staff Technical Review
Letter. However, even if the Applicant's arguments are correct, disagreements about the
interpretation of State law cannot be considered to have been made for an improper purpose unless
the Town's conclusions were made in bad faith, that is, "frivolous, pretextual, intended to cause
unnecessary delay, or entirely without merit" [Section 65589.5(l)]. As described above and in the
record, the Town has provided reasoned, good faith arguments for the conclusions in the Staff
Technical Review Letter. Many of the arguments made by the Applicant are based on provisions of
state law that are not even applicable to its Project.
Without evidence of an improper purpose for the Town's actions, its actions cannot constitute an
"effective disapproval"under Section 65589.5(h)(6)(D).
Instructions on What the Applicant Must Submit or Supplement
Findings in response to a Challenged Conduct Notice must provide "clear instructions on what the
Applicant must submit or supplement so that the local agency can make a final determination
regarding the next necessary approval or set the date and time of the next hearing" [Section
65589.5(h)(6)(D)(iv)(II)].
The Applicant must submit or supplement the following so that the Town can make a final
determination regarding the next necessary approval and set the date and time of the next hearing:
1. Submit an application for a Conditional Use Permit, and request that the mixed-use
component of the conditional use not be required as part of the CUP application. Contact
the Project planner, Ryan Safty,when prepared to pay the CUP application fee of$2,358.26
and indicate whether you will be paying the fee by check or credit card.
2. Submit a deposit fee of$2,750 for the Town's Consulting Arborist to complete a peer review
of the arborist report you have submitted, and indicate whether you will be paying the fee by
check or credit card.
3. Submit a deposit fee of$8,250 for the Town's Consulting Architect to complete a review of
the Project plans,and indicate whether you will be paying the fee by check or credit card.
4. Submit revised floor plans for the Project specifying which units will be designated as BMP
units and detailing the floor plan and number of bedrooms and baths for each BMP unit.
5. Submit a written statement in the Project Description/Letter of Justification either (a)
explaining how the Project intends to comply with each of the four BMP Program
requirements and state law,or(b)alternatively,if the Project will not complywith one or more
of the BMP Program requirements,providing a justification for the requested deviation.
The Town will respond to the request regarding the Project's eligibility for the CEQA exemption
provided by Public Resources Code Section 21080.66 within 30 days. If you disagree with this
determination,you may elect to utilize the procedure established under the Housing Accountability
Act to assert that the Project is eligible for a CEQA exemption(See Section 65589.5.1).
Attachments:
A. Challenged Conduct Noticed Filed with Town on October 2,2025
B. Town's Fifth Planning Staff Technical Review Letter,dated September 17,2025
C. C-1 Zoning District Standards and Town Code Section 29.20.185
D. Tree Protection Ordinance(Town Code Sections 29.10.0950—29.10.1050)
E. Resolution No.2002-25,Resolution of the Town Council of the Town of Los Gatos Governing
the Design Review Process and Clarifying the Roles and Responsibilities of the Town
Planning Commission and Architectural Consultant
F. Agreement for Consultant Services, dated July 1, 2022, by and between the Town of Los
Gatos and Larry Cannon of Cannon Design Group
G. Email with Estimate of Arborist Consulting Costs
Cc: Richard B.Jacobs Kurt Anderson,Architect
richardjacobslaw@gmail.com
•
County of Santa Clara-Clerk-Recorder's Office
State of California
j�ouNTVII% File Number: ENV25842
/1 ENVIRONMENTAL FILING
No.of Pages: 14
��•• Total Fees:$0.00
�e,, File Date: 10/09/2025
„N� Q.� Expires: 11108/2025
7`n CV- LOUIS CHIARAMONTE,Clerk-Recorder
By:Corinne Vasquez, Deputy Clerk-Recorder
SANTA CLARA COUNTY CLERK
.I)4aCEt]A FILING COVER SHEET THIS SPACE FOR CLERKS USE ONLY
Complete and attach this form to each CEOA Notice filed with the County Clerk
TYPE OR PRINT CLEARLY
Check Document being Filed:
Environmental Impact Report(EIR)
Firing Fee(new project)
Q Previously Paid F&W(must attach F&W receipt and project titles must match)
QNo Effect Determination(F&W letter must be attached)
Mitigated Negative Declaration(MND)or Negative Declaration(ND)
Filing Fee(new project)
❑Previously Paid F&W(must attach F&W receipt and project titles must match)
ID No Effect Determination(F&W letter must be attached)
Q Notice of Exemption(NOE)
®Other(Please fill in type):
Government Code Section 65589.5(h)(6)(D)-Challenged Conduct Notice
1. LEAD AGENCY: Town of Los Gatos
2. LEAD AGENCY EMAIL: rsafty@losgatosca.gov
9. PROJECT TITLE: 14288 Capri Drive
4. APPLICANT NAME: Kurt B.Anderson,AlA —PHONE (408)202-5462
5. APPUCANTEMAIL: kanderson@andarchinc.com
8. APPLICANTADDRESS: 120 W. Campbell Ave, Suite D, Campbell, CA 95008
7. PROJECTAPPUCANT IS A: ❑Local PublicAgency ❑School District ❑other special District QStateAgency['Private Entity
8. NOTICE TO BE POSTED FOR 30 DAYS.
Filing fees are due at the time a Notice of Determination/Exemption is filed with our office.For more information on tiling fees
and No Effect Determinations,please refer to California Code of Regulations,Title 14,section 753.5.
Rev 8/2023
ATTACHMENT
County of Santa Clara cot iA,,,,,._
Clerk-Recorder's Office +�`�..`�r��'!
sr
110 West Tasman Drive,First Floor �1'1.A cv,
San Jose, California 95134
(408)299-5688
11/10/2025
TOWN OF LOS GATOS
110E. Main St.
Los Gatos, CA 95030
Re: CALIFORNIA ENVIRONMENTAL QUALITY ACT POSTINGS
Dear Lead Agency:
Enclosed please find the public copy posted in Santa Clara County
Clerk-Recorder's Office for 30 days per CALIFORNIA CODES PUBLIC
RESOURCES CODE SECTION 21152 (c)
Sincerely,
County Clerk-Recorder 44,aa061,
*
By:
Mike Louie , Depu Clerk-Recorder
Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg, Margaret Abe-Koga
County Executive: James R. Wiliams
From: SoCal Industrial Equities
To: Ryan Softy;Kurt Anderson;Den Eilenberq;Richard Jacobs
Subject 14288 Capri Drive-Follow-up re:September 17,2025 and September 18,2025 letters
Data: Thursday,October 2,2025 2:14:29 PM
Attachments: 9-18-2025 Letter.pdf
9-17-2025 Letter.pdf
[EXTERNAL SENDER]
Ryan,
I am following up on our letters sent two weeks ago. We have not received a substantive
response to either one.
To remind you,the September 17,2025 letter outlined the CEQA exemption in Public
Resources Code Section 20180.66. The September 18,2025 letter addressed the improper
fees and requirements for the project imposed by the Town.
Please get back to us with a response from the Town on or before October 7,2025.
Please consider this our request to move forward with the administrative process set forth in
Government Code Section 65589.5(h)(6)(D). We will consider withdrawing the request
depending on the substantive response. The violations are set forth in detail in the September
17,2025 and September 18, 2025 letters,both of which are attached.
Thank you in advance.
Ben
LAW OFFICE OF RICHARD B.JACOBS
September 17,2025
The Town of Los Gatos
Sent via email to Ryan Safty and uploaded
RE: CEQA Exemption under Public Resources Code Section 65589.5 for the project located at
14288 Capri Drive
As per the meeting this morning regarding this project located at 14288 Capri Drive I have been
requested to prepare a short memorandum on the question of CEQA exemption for the project.
As you may be aware,AB-130 was recently passed by the Legislature and signed by Governor
Newsom. Among other matters,AB-130 added Section 20180.66 to the Public Resources Code.
For your convenience,the link to AB-130 is
htt)s:1leginfo.legislature.ca.gov;facesjbillNavClient.xhtml?bill id=202520260AB130.
Section 21080.66(a)sets forth an 8-part test to determine whether a project is exempt from
CEQA. I have included each of the 8 parts below with an explanation of how this project meets
the criteria:
1. The project must be less than 20 acres,or if it is a Builder's Remedy project,the project
must be less than 5 acres. (§21080.66(a)(1)(A)&(B).)
a. This project is a Builder's Remedy project. Therefore it must be less than 5 acres.
b. This project is less than 1 acre.
2. The project site must be either within the boundaries of an incorporated municipality or
be located within an urban area as defined by the U.S.Census Bureau.
(§21080.66(a)(2)(A)&(B).)
a. This project is located within the Town of Los Gatos.
b. The Town of Los Gatos was incorporated in 1887.
3. The project must be on a parcel that meets any of the following criteria: (A)the parcel
was previously developed with an urban use;or(B) at least 75%of the perimeter of the
site adjoins parcels that are developed with urban uses; or(C)at least 75%of the area
within one-quarter mile radius of the site is developed with urban uses;or(D)for sites
with 4 sides,at least 3 of the 4 sides are developed with urban uses and at least 2/3 of
the perimeter of the parcel adjoins parcels that are developed with urban uses.
a. While any of the four preceding criteria are acceptable,this project meets all of
the four different methods of satisfying this question.
b. For convenience, I have included a satellite image of the project site:
LAW OFFICE OF RICHARD B.JACOBS
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c. The project parcel is already developed for urban use.
d. At least 75%of the surrounding parcels are developed for urban use.
e. At least 75%of the area within one-quarter mile is developed for urban use.
f. All 4 of the 4 sides are developed with urban uses and over 2/3 of the perimeter
of the site adjoin parcels that are developed for urban uses.
4. The project is consistent with the general plan and/or zoning.
a- This is a Builder's Remedy project subject to Government Code Section 65589.5.
b. As per Government Code Section 65589.5(f)(6)(D)(iii), "(f)(6) Notwithstanding
paragraphs(1)to(5), inclusive, all of the following apply to a housing
development project that is a builder's remedy project: ...(D)(iii)Any project that
complies with this paragraph shall be deemed consistent, compliant,and in
conformity with an applicable plan, program,policy, ordinance,standard,
requirement, redevelopment plan and implementing instruments, or other
similar provision for all purposes,and shall not be considered or treated as a
nonconforming lot, use,or structure for any purpose."
c. Summarized, Builder's Remedy projects are deemed consistent with general
plans and zoning for all purposes.
d. As this is a Builder's Remedy project, it is therefore legally deemed consistent
with the general plan and zoning.
5. The project will be at least one-half of the applicable density specified in subparagraph
(B) of paragraph (3) of subdivision (c)of Section 65583.2 of the Government Code.
a. This is also known as the"Mullin Density."
b. This means that the project must be at least five units per acre for an
unincorporated area in a nonmetropolitan county, 10 units per acre in a
suburban jurisdiction, and 15 units per acre in a metropolitan jurisdiction.
LAW OFFICE OF RICHARD B.JACOBS
c. As this is a project in a suburban jurisdiction,the project must have at least 10
units per acre.
d. The project has more than the requisite units per acre.
6. The project satisfies the requirements specified in paragraph (6)of subdivision (a)of
Section 65913.4 of the Government Code.
a. Government Code Section 65913.4(a)(6) requires that a project not be on a site
that is any of the following:
i. An area of the coastal zone subject to paragraph (1)or(2)of subdivision
(a) of Section 30603 of the Public Resources Code.
ii. An area of the coastal zone that is not subject to a certified local coastal
program or a certified land use plan.
iii. An area of the coastal zone that is vulnerable to five feet of sea level rise,
as determined by the National Oceanic and Atmospheric Administration,
the Ocean Protection Council,the United States Geological Survey,the
University of California,or a local government's coastal hazards
vulnerability assessment.
iv. In a parcel within the coastal zone that is not zoned for multifamily
housing.
v. In a parcel in the coastal zone and located on either of the following:
1. On, or within a 100-foot radius of,a wetland,as defined in Section
30121 of the Public Resources Code.
2. On prime agricultural land,as defined in Sections 30113 and
30241 of the Public Resources Code.
b. This project is not in a coastal zone,therefore none of the above criteria are
implicated.
7. The project does not require the demolition of a historic structure.
a. There are no historic structures on the site.
8. For a project that was deemed complete on or after January 1, 2025, no portion of the
project is designated for use as a hotel, motel, bed and breakfast inn, or other transient
lodging.
a. This project was deemed complete afterJanuary 1, 2025.
b. No portion of this project is designated for use as a hotel, motel, bed and
breakfast inn,or other transient lodging.
Therefore,as set forth in detail above,this project falls within the CEQA exemption created by
AB130 and codified in Public Resources Code Section 21080.66(a).
Please confirm to me and my client that the Town will comply with Public Resources Code
Section 21080.66(a)and issue a determination that this project is CEQA exempt on or before
September 26,2025.
Sincerely,
Richard B.Jacobs
LAW OFFICE OF RICHARD B.JACOBS
September 18,2025
The Town of Los Gatos
Sent via email to Ryan Safty and uploaded
RE: Improper Requirements And Fees for the project located at 14288 Capri Drive
As per the meeting yesterday morning regarding this project located at 14288 Capri Drive I have
been requested to prepare a short memorandum on the question of whether there are
improper requirements and fees being demanded by the Town of Los Gatos. There are.
This letter specifically addresses the items listed in the September 17, 2025 Staff Technical
Review for the project.
1. Project Consistency Related Items: Letters
a. Item 1—"Multi-Family Residential is not a principally permitted use (or an
allowed conditional use)in the C-1 zone.The C-1 zone allows"multiple-family
dwelling(in a mixed-use project)"with a conditional use permit.You must apply
for a Conditional Use Permit,and request that the "mixed-use" component of
the be removed as a part of the application. • Contact project planner when you
are ready to pay the CUP fee, and staff will invoice. Please also confirm if you will
be paying by check or credit card. • Previous deficiency comment moved to
consistency. •This remains outstanding.The fee is now$3,524.26 based on the
Town's new fee schedule:See the Town's letters from March 3, 2025, and May
27, 2025, addressing this comment and applicant responses in detail.The
application materials continue to make the same argument,without responding
to the Town's responses. •The response letter submitted on July 18,2025, as
well as the letter from the Law Office of Richard Jacobs dated May 16, 2025,state
that this requirement is not in the"New Residential Submittal Requirements."As
noted in the staff's response to the May 16, 2025, letter,the "New Residential
Submittal Requirements" is not the Town's submittal checklist for a discretionary
planning application.The "New Residential Submittal Requirements" is a
checklist for Building Permit submittals"
i. The primary issue that CUP's are not an allowable requirement for
Builder's Remedy projects. This is because Government Code Section
65589.5 deems projects to be consistent with zoning and general plans
once the planning application is complete.
1. As per Government Code Section 65589.5(f)(6)(D)(iIi),
"(f)(6) Notwithstanding paragraphs(1)to(5), inclusive,all of the
following apply to a housing development project that is a
builder's remedy project:._.(D)(iii)Any project that complies with
this paragraph shall be deemed consistent, compliant,and in
conformity with an applicable plan,program,policy, ordinance,
standard, requirement, redevelopment plan and implementing
LAW OFFICE OF RICHARD B.JACOBS
instruments, or other similar provision for all purposes, and shall
not be considered or treated as a nonconforming lot, use, or
structure for any purpose."
2. CUP's are only required for projects that are inconsistent with the
"by right" uses for a zone. In this case,Government Code Section
65589.5(f)(6)(D)(iii) makes this project consistent with the "by
right"uses for the zone.
ii. The second issue is that CUP's are, by their very nature, discretionary.
1. According to Section 29.20.180 of the Town's Municipal Code,
"Conditional use permits.The adoption of this chapter is based on
the premise that there are uses which can be specified for each
zone which, in practically all instances,will be mutually
compatible. In addition,there are other uses which might be
compatible with ordinarily allowed uses if properly located and
regulated.These are called conditional uses.They are listed in
section 29.20.185. However,the listingof a conditional use does
not indicate that the use must be allowed.There will be locations
or instances where a specified conditional use is inappropriate in a
zone regardless of the extent of regulation."
2. However,with Builder's Remedy projects all discretion must be
exercised in favor of the approval and provision of housing. (Gov.
Code§89(a)(2)(L).) Therefore, any discretion must be exercised in
favor of the project, meaning that the CUP process is both
irrelevant and improper.
iii. The third issue is that CUP's do not address the only five questions that
may be addressed by the Town under Government Code Section
65589.5(d)(5).
1. As noted above,this project is a Builder's Remedy project under
Government Code Section 65589.5. As this project was submitted
while the Town's Housing Element was non-compliant,the five
questions that may be addressed are encapsulated in Government
Code Section 65589.5(d)(5). They are:
a. (1)The jurisdiction has adopted a housing element
pursuant to this article that has been revised in accordance
with Section 65588, is in substantial compliance with this
article,and the jurisdiction has met or exceeded its share
of the regional housing need allocation pursuant to Section
65584 for the planning period for the income category
proposed for the housing development project, provided
that any disapproval or conditional approval shall not be
based on any of the reasons prohibited by Section 65008.
If the housing development project includes a mix of
income categories,and the jurisdiction has not met or
exceeded its share of the regional housing need for one or
LAW OFFICE OF RICHARD B.JACOBS
more of those categories,then this paragraph shall not be
used to disapprove or conditionally approve the housing
development project.The share of the regional housing
need met by the jurisdiction shall be calculated
consistently with the forms and definitions that may be
adopted by the Department of Housing and Community
Development pursuant to Section 65400. In the case of an
emergency shelter,the jurisdiction shall have met or
exceeded the need for emergency shelter, as identified
pursuant to paragraph (7)of subdivision (a)of Section
65583. Any disapproval or conditional approval pursuant
to this paragraph shall be in accordance with applicable
law, rule,or standards.
b. (2)The housing development project or emergency shelter
as proposed would have a specific, adverse impact upon
the public health or safety, and there is no feasible method
to satisfactorily mitigate or avoid the specific, adverse
impact without rendering the development unaffordable
to low- and moderate-income households or rendering the
development of the emergency shelter financially
infeasible.As used in this paragraph,a "specific, adverse
impact" means a significant, quantifiable,direct, and
unavoidable impact,based on objective, identified written
public health or safety standards, policies,or conditions as
they existed on the date the application was deemed
complete.The following shall not constitute a specific,
adverse impact upon the public health or safety:
i. (A) Inconsistency with the zoning ordinance or
general plan land use designation.
ii. (B)The eligibility to claim a welfare exemption
under subdivision(g)of Section 214 of the Revenue
and Taxation Code.
c. (3)The denial of the housing development project or
imposition of conditions is required in order to comply
with specific state or federal law, and there is no feasible
method to comply without rendering the development
unaffordable to low-and moderate-income households or
rendering the development of the emergency shelter
financially infeasible.
d. (4)The housing development project or emergency shelter
is proposed on land zoned for agriculture or resource
preservation that is surrounded on at least two sides by
land being used for agricultural or resource preservation
LAW OFFICE OF RICHARD B.JACOBS
purposes, or which does not have adequate water or
wastewater facilities to serve the project.
e. (5) On the date an application for the housing
development project or emergency shelter was deemed
complete,the jurisdiction had adopted a revised housing
element that was in substantial compliance with this
article,and the housing development project or
emergency shelter was inconsistent with both the
jurisdiction's zoning ordinance and general plan land use
designation as specified in any element of the general
plan.
i. (A)This paragraph shall not be utilized to
disapprove or conditionally approve a housing
development project proposed on a site, including
a candidate site for rezoning,that is identified as
suitable or available for very low, low-, or
moderate-income households in the jurisdiction's
housing element if the housing development
project is consistent with the density specified in
the housing element, even though the housing
development project was inconsistent with both
the jurisdiction's zoning ordinance and general plan
land use designation on the date the application
was deemed complete.
ii. (B) If the local agency has failed to identify a zone
or zones where emergency shelters are allowed as
a permitted use without a conditional use or other
discretionary permit, has failed to demonstrate
that the identified zone or zones include sufficient
capacity to accommodate the need for emergency
shelter identified in paragraph (7)of subdivision (a)
of Section 65583,or has failed to demonstrate that
the identified zone or zones can accommodate at
least one emergency shelter,as required by
paragraph (4)of subdivision (a) of Section 65583,
then this paragraph shall not be utilized to
disapprove or conditionally approve an emergency
shelter proposed for a site designated in any
element of the general plan for industrial,
commercial,or multifamily residential uses. In any
action in court,the burden of proof shall be on the
local agency to show that its housing element does
satisfy the requirements of.paragraph (4)of
subdivision (a) of Section 65583.
LAW OFFICE OF RICHARD B.JACOBS
f. A CUP does not fit this five point analysis.
b. Item 3—"CEQA: Clarify whether the applicant team anticipates providing any
technical studies related to environmental analysis(traffic, habitat, cultural, air
quality, noise, soils etc.)for peer review by the Town Environmental Consultants.
If not provided,the studies determined to be required by the Environmental
Consultant will be prepared by the Town Environmental Consultants at the cost
of the applicant. • You previously indicated via email that your team will prepare
an Arborist Report and Traffic Study. Please confirm. Additionally,an email was
forwarded to your team on 9/13/24, requesting some additional information in
the Phase I ESA and the Noise Report.Please provide a response. • The
response letter uploaded in July 2025 states that, "under the new laws passed,
CEQA no longer applies to this project?' Please specify which CEQA exemption
you believe applies to this project, and provide substantial evidence that the
project meets each requirement of the exemption.Staff will then review to
determine eligibility.
i. This item has already been addressed in my letter dated September 17,
2025,a courtesy copy of which is attached hereto as Exhibit 1.
ii. I will also note,to the extent that the Town wishes to attempt to seek
additional reports on environmental matters that would be addressed in
the CEQA process,those reports are now unnecessary as this project is
CEQA exempt.
c. Item 4—"CEQA:Staff is coordinating with Town Environmental Consultants to
determine what environmental analysis will be required for the project.
Environmental analysis is required at cost to the applicant. Staff will require
payment of a deposit at a future date. •The response letter uploaded in July
2025 states that,"under the new laws passed,CEQA no longer applies to this
project." Please see response to#9 above."
i. This item has already been addressed in my letter dated September 17,
2025,a courtesy copy of which is attached hereto as Exhibit 1.
ii. I will also note,to the extent that the Town wishes to attempt to seek
additional reports on environmental matters that would be addressed in
the CEQA process, those reports are now unnecessary as this project is
CEQA exempt.
d. Item 5—"Review by the Town's Consulting Arborist is required to provide a peer
review of the arborist report submitted by the applicant. A deposit payment of
$2,750 is required. •This continues to remain outstanding."
i. The primary issue is that the standards of review for the Town Arborist
are, by their very nature,discretionary.
1. According to Section 29.10.0990 of the Town's Municipal Code,
"Standards of review.
2. The Director or deciding body shall review each application for a
tree removal permit required by this division using the following
standards of review.The standards of review are intended to serve
as criteria for evaluating tree removal requests and the basis upon
LAW OFFICE OF RICHARD B.JACOBS
which the Director or the deciding body will subsequently
determine whether or not one(1)or more of the Required
Findings listed in section 29.10.0992 can be made. (1)The
condition of the tree or trees with respect to: (a)disease, (b)
imminent danger of falling, (c)structural failure, (d) proximity to
existing or proposed structures, (e)structural damage to a
building, or(f) a public nuisance caused by a tree.The
International Society of Arboriculture (ISA) Best Management
Practices for Tree Risk Assessment shall be used where
appropriate in determining a Tree Risk Rating.(2)The condition of
the tree giving rise to the permit application cannot be reduced to
a less than significant level by the reasonable application of
preservation, preventative measures or routine
maintenance.(3)The removal of the tree(s)will not result in a
density of trees or tree cover that is inconsistent with the
neighborhood.(4)The number of trees the particular parcel can
adequately support according to good urban forestry practices, or
whether a protected tree is a detriment to or crowding another
protected tree.(5)In connection with a proposed subdivision of
land into two(2) or more parcels,the removal of a protected tree
is unavoidable due to restricted access to the property or deemed
necessary to repair a geologic hazard(landslide,repairs,
etc.).(6)Except for properties located within the hillsides,the
retention of a protected tree would result in reduction of the
otherwise-permissible building envelope by more than twenty-five
(25) percent.(7)The Hillside Development Standards and
Guidelines.(8)Removal of the protected tree(s)will not result in a
substantial adverse change in the site's aesthetic and biological
significance;the topography of the land and the effect of the
removal of the tree on erosion,soil retention,or diversion or
increased flow of surface waters.(9)Whether the Protected Tree
has a significant impact on the property.Significant impact from a
tree is defined in section 29.10.0955. Definitions.(10)The species,
size(diameter,canopy, height),estimated age and location on the
property of the protected tree."
3. However,with Builder's Remedy projects all discretion must be
exercised in favor of the approval and provision of housing. (Gov.
Code§89(a)(2)(L).) Therefore,any discretion must be exercised in
favor of the project, meaning that the consulting arborist review is
both irrelevant and improper.
4. As the Town cannot create new standards to apply to the project
after the submission of the SB330 Preliminary Application under
Government Code Sections 65941 et seq.,the Town's Arborist
LAW OFFICE OF RICHARD B.JACOBS
cannot perform the discretionary review called for in the Town's
Municipal Code.
e. Item 6—"Review by the Town's Consulting Architect requires payment of a
$8,250 deposit. •This continues to remain outstanding."
i. The primary issue for this requirement is that it is unsupported by my
review of the Town's Municipal Code. I did not find any reference to a
requirement that the Town's Consulting Architect be retained to review
the project.
ii. The second issue is that any review of the project is limited to the Town'
objective design standards in place at the time of the submission of the
SB330 Preliminary Application. (Gov. Code§ 65589.5(f).) Review of the
objective design standards is traditionally the purview of the Planning
Staff, not an outside architectural consultant. If you contend that the
Town's Consulting Architect is the party conducting the Town's objective
design standard analysis, please provide the following:
1. The statutory authorization delegating that power to the Town's
Consulting Architect; and
2. The contract for the Town's Consulting Architect showing that
his/her duties include the review of projects for objective design
standards.
f. Item 7—"Please reach out to all necessary outside agencies and neighboring
properties regarding this project(Caltrans,VTA, FAA for the helipad,etc.). •
plan.review@vta.org•This remains outstanding.The July 2025 response letter
says that VTA communication has already been provided.Staff has not been
provided with this information.Staff reached out to VTA,who provided
comments on 5/29/25,which were forwarded to your team. Provide a response
letter to VTA's comments,explaining what has been addressed."
i. There is no helipad on this project, so the FAA is irrelevant.
ii. My clients have already posted all required signage regarding the
development providing notice to the neighbors. Please send us any
statutory authority for additional requirements regarding noticing the
neighbors.
iii. As to Caltrans and VTA,traffic impacts are part of the CEOA analysis. This
item has already been addressed in my letter dated September 17, 2025,
a courtesy copy of which is attached hereto as Exhibit 1.
iv. Finally,there does not appear to be a basis for imposing exactions from
Caltrans and VTA. The VTA's own admission in its email dated May 29,
2025 that it is not providing ADA compliant facilities two blocks away
from my client's project does not obligate my client to pay for the VTA
coming into compliance with the ADA. Please provide any basis for
imposing this exaction on the project.
g. Item 8—"Below Market Price Units:The floor plans and the"Project
Description/Letter of Justification" need to specify which units are Below Market
Price(BMP)and specify how compliance with the Town's BMP requirements are
LAW OFFICE OF RICHARD B.JACOBS
met. Detailed floor plans for each unit must be provided.The fetter should
respond to each of the four characteristics listed in Section III below, and the
plans should contain enough information so that staff can determine that the size
of units are compatible with the market rate,that the location of BMP units are
dispersed throughout the proposal,that the exterior appearance be indiscernible
from the market rate units,and that all project facilities and amenities be
available to the BMP units. Pursuant to the Town's Below Market Price Housing
Program, Section III (Characteristics of BMP Units):A.Size of units: BMP dwelling
units should to the extent possible, be consistent with the market rate units in
the project.The Town and developer may negotiate regarding the size of units if
more units than required are to be provided. BMP units should be provided
proportionately in the same unit type mix(number of bedrooms)as the market
rate units.In consideration of the household size of the households on the
current program interest list,the Town and developer may negotiate to provide
a greater proportion of a particular unit type.There should to the extent
possible, not be a significant identifiable difference between the BMP and
market-rate units visible from the exterior.The size and design of the BMP units
should to the extent possible, be consistent with the market-rate units in the
development.The goal of the BMP Program is for a seamless integration of the
BMP units with the market-rate units in a development. B. Location of units: BMP
units shall be dispersed throughout the development,to the extent feasible, in
all buildings, on each floor, and in each project phase.A concentration of BMP
units in one location is not desirable and will generally not be allowed. C. Finish
of units:The external appearance of BMP units should be indiscernible to that of
the market rate units in the project.The internal finish of BMP units should be
identical to that of the market rate units in the project, except that the developer
may request Town approval of substitutions for luxury interior finishes,
appliances, or fixtures, if such substitutions do not violate any Town code
requirement. D. Project Facilities:All project facilities and amenities, including
parking, must be available on the same basis to the BMP units as to the market
rate units in the project,to the extent feasible, unless the deciding body
approves a reduction in parking for the BMP units. •This remains outstanding.
The Project Description/Letter of Justification does not mention the Town's BMP
program. If the Town's BMP program would not be complied with regarding BMP
unit size or other standards, please provide the justification for this deviation."
i. The Town's BMP program is superseded by the California State Housing
Laws for this project, including the Housing Crisis Act,the Housing
Accountability Act,the Permit Streamlining Act and the related measures.
(Cal. Const.Art.XI,Sec. 7.) Therefore,the Town's BMP program is
irrelevant to this project.
h. Item 10—"Project Description/Letter of Justification: (Updated 7/17/25)-Staff is
requesting that this information be included in the revised "Project
Description/Letter of Justification". •See comment above regarding BMP
information included in the letter.The letter needs to also specify the exact
LAW OFFICE OF RICHARD B.JACOBS
number of proposed BMP units(not a percentage). •This continues to remain
outstanding(BMP information).The July 2025 response letter says that this was
included in the plans. However, staff is asking for a written statement in the
Project Description/Letter of Justification. If the Town's BMP program would not
be complied with regarding BMP unit size or other standards, please provide the
justification for this deviation."
i. The Town's BMP program is superseded by the California State Housing
Laws for this project, including the Housing Crisis Act,the Housing
Accountability Act,the Permit Streamlining Act and the related measures.
(Cal. Const.Art. XI,Sec, 7.) Therefore,the Town's BMP program is
irrelevant to this project.
While my client is happy to work with the Town on any items that do not conflict with the State
Housing Laws,these items do conflict with those laws and therefore are improper restrictions
and exactions on the project.
Please confirm to me and my client that the Town will comply with the State Housing Laws and
rescind the foregoing requirements.
Sincerely,
Richard B.Jacobs
4,,,A,r I,
TOWN OF LOS GATOS
'. "-.x, 7A. FIFTH STAFF TECHNICAL
REVIEW COMMENTS
STAFF TECHNICAL REVIEW
PLANNING DIVISION
September 17, 2025
ITEM 4: 14288 Capri Drive
Architecture and Site Application S-24-044
Requesting Approval for Demolition of an Existing Commercial Building, Construction
of a Multi-Family Residential Development (119 Apartment Units), Site Work Requiring
a Grading Permit, and Removal of Large Protected Trees Under Senate Bill 330(SB
330) on Property Zoned C-1. APN 406-30-016. CEQA Review is Pending.
PROPERTY OWNER: Los Gatos LLC.
APPLICANT: Kurt B. Anderson.
PROJECT PLANNER: Ryan Safty
LAST REVIEWED BY STAFF: 9/18/24, 1/8/25, 4/23/25, 8/14/25
SUBMITTAL DATE: 8/23/24
DETERMINATION:This planning application resubmitted to the Town on August 22,2025,is
deemed COMPLETE effective September 17,2025. In conformance with Section 65589.5(j)(2),
this letter provides written documentation identifying the applicable plans, programs,
policies,ordinances,standards,requirements,and similar provisions that the project is
inconsistent with, and the reasons the project is inconsistent.
The Town is currently seeking a judicial determination regarding the correct interpretation of
Government Code Section 65941.1(e). Under the Town's interpretation,the vesting provided
by your preliminary application has expired prior to this completeness determination.
However, if requested by you,the Town will continue to process this planning application,at
your own risk, under the vesting provided by your preliminary application, pending a judicial
determination regarding the effect of Government Code Section 65941.1(e) upon any vesting
provided by your preliminary application.
The following comments apply to the most recent submittal. Resubmittal of plans and
application materials to address inconsistencies noted herein is required. Comments that have
been resolved are shown in strut, additional notes are provided in for those that
remain outstanding.
When resubmitting, please continue to provide the Town with two printed,full-sized plan sets(24"
by 36").
Community Development Department• Planning Division • 110 E.Main Street
408.354.6872 •www.losgatosca.gov•www.facebook.com/losgatosca
Page 1 of 25
ATTACHMENT B
I�' ` { TOWN OF LOS GATOS
;` FIFTH STAFF TECHNICAL
GA REVIEW COMMENTS
ENVIRONMENTAL: CEQA review is pending.
SUBMITTAL NOTE:The July 2025 resubmittal documents erroneously refer to the "New
Residential Submittal Requirements" as the appropriate application package and submittal
requirements to follow.This is not the application package for a discretionary planning
application. Instead,this is a Building Permit Application submittal guide. If you click on the link
to the (incorrect)application package which your letters refer to, "New Residential Submittal
Requirements",you will see the following:
https://www.losgatosca.gov/Docu mentCenter/View/23918/New-Residential-Su bm itta(-
Requirements-and-Application-PDF?bidld=
TOWN OF LOS GATOS
q,"•r.-; BUILDING PERMIT APPLICATION
VDUpload Completed Application via your Citizen's Portal Account:
�F' �i https://permits.losgatosca.gov/Login-and-Manage-My-Records
INCOMPLETE APPLICATIONS WILL RESULT IN EXTENDED PROCESSING TIME
'PROJECT ADDRESS *APNJI
*PROPERTY OWNER NANME `PHONE-REQUIRED E-MAIL
'STREET ADDRESS *CITY,STATE,ZIP FAX
APPLICANT NAME PHONE E-MAIL
,\i.I
ilfs
TOWN OF LOS GATOS
A Nn
; NEW RESIDENTIAL SUBMITTAL REQUIREMENTS
in order to process your request for a building permit,please submit the items listed below and include this
completed checklist in your submittal.We do not accept submittals by mail or courier.A plan check fee will
be required after the preapplication process is completed.If one or more required items are not submitted,
the application will be considered incomplete and will not be accepted.
The correct application package, which is what your team signed and submitted when applying
for this application, can be found via the link below.
https://www.losgatosca.gov/DocumentCenter/View/361/Development-Review-Applicatio
Package-PDF?bidld=
PROJECT DEFICIENCIES RELATED TO APPLICATION COMPLETENESS: NONE
Community Development Department• Planning Division •110 E. Main Street
408.354.6872 •www.losgatosca.gov•www.facebook.com/losgatosca
Page 2 of 25
0r II
1„ ',•.�. ! TOWN OF LOS GATOS
FIFTH STAFF TECHNICAL
45 cri"S' REVIEW COMMENTS
CONSISTENCY ISSUES:While conducting the completeness review of your planning
application,staff had previously identified consistency issues that were observed and had
provided them as"courtesy consistency comments"while the application was incomplete.
The following list constitutes the Consistency Review for Planning,in conformance with
Section 65589.5(j)(2). Items underlined are new(consistency)comments based on new
information provided as part of the July and August 2025 resubmittal to the Town. Although
a resubmittal occurred in August 2025,only the outstanding completeness items were
addressed and no response letters were received,so these consistency comments from
August 14,2025, remain outstanding.
PROJECT CONSISTENCY RELATED ITEMS: LETTERS
1) Multi-Family Residential is not a principally permitted use (or an allowed conditional use) in
the C-1 zone.The C-1 zone allows"multiple-family dwelling (in a mixed-use proiect)"with a
conditional use permit.You must apply for a Conditional Use Permit, and request that the
"mixed-use" component of the be removed as a part of the application.
• Contact project planner when you are ready to pay the CUP fee, and staff will invoice.
Please also confirm if you will be paying by check or credit card.
• Previous deficiency comment moved to consistency.
• This remains outstanding.The fee is now$3,524.26 based on the Town's new fee
schedule.See the Town's letters from March 3,2025,and May 27, 2025, addressing
this comment and applicant responses in detail.The application materials continue to
make the same argument,without responding to the Town's responses.
• The response letter submitted on July 18, 2025, as well as the letter from the Law
Office of Richard Jacobs dated May 16,2025,state that this requirement is not in the
"New Residential Submittal Requirements."As noted in the staffs response to the May
16, 2025, letter,the "New Residential Submittal Requirements" is not the Town's
submittal checklist for a discretionary planning application.The "New Residential
Submittal Requirements" is a checklist for Building Permit submittals.
"c,r:street i ..s(Ccoglc) and-dc not include the interior of the lot and existing-,---i----
3) CEQA: Clarify whether the applicant team anticipates providing any technical studies related
to environmental analysis(traffic, habitat, cultural,air quality, noise,soils etc.)for peer
review by the Town Environmental Consultants. If not provided,the studies determined to
be required by the Environmental Consultant will be prepared by the Town Environmental
Consultants at the cost of the applicant.
• You previously indicated via email that your team will prepare an Arborist Report and
Traffic Study. Please confirm. Additionally, an email was forwarded to your team on
Community Development Department•Planning Division •110 E.Main Street
408.354.6872 •www.losgatosca.gov•www.facebook.com/losgatosca
Page 3 of 25
v . 'I
ow
TOWN OF LOS GATOS
� � FIFTH STAFF TECHNICAL
_. REVIEW COMMENTS
9/13/24, requesting some additional information in the Phase 1 ESA and the Noise
Report. Please provide a response.
The response letter uploaded in July 2025 states that, "under the new laws passed,
CEQA no longer applies to this project." Please specify which CEQA exemption you
believe applies to this project, and provide substantial evidence that the project meets
each requirement of the exemption.Staff will then review to determine eligibility.
4) CEQA: Staff is coordinating with Town Environmental Consultants to determine what
environmental analysis will be required for the project. Environmental analysis is required
at cost to the applicant. Staff will require payment of a deposit at a future date.
• The response letter uploaded in July 2025 states that, "under the new laws passed,
CEQA no longer applies to this project." Please see response to#9 above.
5) Review by the Town's Consulting Arborist is required to provide a peer review of the
arborist report submitted by the applicant. A deposit payment of$2,750 is required.
This continues to remal )utstanding.
6) Review by the Town's Consulting Architect requires payment of a $8,250 deposit.
• This continues to remain outstanding.
7) Please reach out to all necessary outside agencies and neighboring properties regarding this
project(Caltrans,VTA, FAA for the helipad, etc.).
• plan.review@vta.org
This remains outstanding.The July 2025 response letter says that VTA communication
has already been provided.Staff has not been provided with this information. Staff
reached out to VTA,who provided comments on 5/29/25,which were forwarded to
your team. Provide a response letter to VTA's comments, explaining what has been
addresses'
8) Below Market Price Units:The floor plans and the "Project Description/Letter of
Justification" need to specify which units are Below Market Price (BMP) and specify how
compliance with the Town's BMP requirements are met. Detailed floor plans for each unit
must be provided.The letter should respond to each of the four characteristics listed in
Section III below, and the plans should contain enough information so that staff can
determine that the size of units are compatible with the market rate,that the location of
BMP units are dispersed throughout the proposal, that the exterior appearance be
indiscernible from the market rate units,and that all project facilities and amenities be
available to the BMP units. Pursuant to the Town's Below Market Price Housing Program,
Section III (Characteristics of BMP Units):
A.Size of units: BMP dwelling units should to the extent possible, be consistent with
the market rate units in the project.The Town and developer may negotiate
regarding the size of units if more units than required are to be provided. BMP
units should be provided proportionately in the same unit type mix(number of
bedrooms) as the market rate units. In consideration of the household size of the
households on the current program interest list,the Town and developer may
negotiate to provide a greater proportion of a particular unit type.There should to
the extent possible, not be a significant identifiable difference between the BMP
Community Development Department• Planning Division •110 E.Main Street
408.354.6872 •www.losgatosca.gov•www.facebook.com/losgatosca
Page 4 of 25
.' : :1 TOWN OF LOS GATOS
t l FIFTH STAFF TECHNICAL
'9`s C-AliqY REVIEW COMMENTS
and market-rate units visible from the exterior.The size and design of the BMP
units should to the extent possible, be consistent with the market-rate units in the
development.The goal of the BMP Program is for a seamless integration of the
BMP units with the market-rate units in a development.
B. Location of units: BMP units shall be dispersed throughout the development,to
the extent feasible, in all buildings, on each floor,and in each project phase.A
concentration of BMP units in one location is not desirable and will generally not
be allowed.
C. Finish of units:The external appearance of BMP units should be indiscernible to
that of the market rate units in the project.The internal finish of BMP units should
be identical to that of the market rate units in the project, except that the developer
may request Town approval of substitutions for luxury interior finishes, appliances,
or fixtures, if such substitutions do not violate any Town code requirement.
D. Project Facilities:All project facilities and amenities, including parking, must be
available on the same basis to the BMP units as to the market rate units in the
project,to the extent feasible, unless the deciding body approves a reduction in
parking for the BMP units.
• This remains outstanding.The Project Description/Letter of Justification does not
mention the Town's BMP program. If the Town's BMP program would not be complied
with regarding BMP unit size or other standards, please provide the justification for this
deviation.
9) Contact the garbage and recycling service provider to ensure the gash rooms and trash
pickup(once shown an the pl..ns)are adequately sited farthhe-p-repesed uses and that they
have adequate ^^^^—for pick up. Provide correspondence from provider.
10) Project Description/Letter of Justification: (Updated 7/17/25)-Staff is requesting that this
information be included in the revised "Project Description/Letter of Justification".
• See comment above regarding BMP information included in the letter.The letter needs
to also specify the exact number of proposed BMP units (not a percentage).
• This continues to remain outstanding (BMP information).The July 2025 response
letter says that this was included in the plans. However,staff is asking for a written
statement in the Project Description/Letter of Justification. If the Town's BMP
program would not be complied with regarding BMP unit size or other standards,
please provide the justification for this deviation.
• The Existing Property Description states that the property is located at the southwest
corner of Winchester and Highway 25.Thies is not accurate.The property is north of the
• The Existing Property Description states that the project is surrounded on three sides by
streets and parking.This is not accurate. It is surrounded on two sides by streets,and
the third side is an existing residence.
• The letter states that, "the exterior facade incorporates stone and [....],"yet stone is not
,L..-,....-. J.-. +h,.. ..I.,..r
• Clarify if the rooftop uses arc exclusively for the residents, or if they arc also available to
Community Development Department• Planning Division • 110 E. Main Street
408.354.6872 •www.losgatosca.gov•www.facebook.com/losgatosca
Page 5 of 25
017 j.
1> M TOWN OF LOS GATOS
. FIFTH STAFF TECHNICAL
REVIEW COMMENTS
the public and provide a summary of the-roof top uses.
e Provide details on how the mechanical p...rking spaces will work.
4. Are the spaces going to be used exclusively for residents?Will someone need to be
eft-site to maintain tb ?LJ meone's car i of bl ki ?
... ��r.—.�ntl'��P.-'f9�-eC�u�sr�9-rrc, ,
Are some of the space- reserved for the leasing office?
• Provide justification for the helipad, which is a prohibited use per Town Code Section
20.10.045.
• !f no commercial or public tires arc proposed,-this multi family residential use-is not
allowed in the C 1 zone (whether principally, crmitted or a conditional use). Provide
• The letter states that each residential level has the same number of units and unit types.
That is not accurate. Level 12 is different from the others.
This continues to remain outstanding.The July 2025 response letter says that this
"is updated to state that levels 5 through 11 have 15 units and that level 12 has 14
units.The letter continues to say the following: "There are eight stacked residential
levels which are comprised of five studios,7 one-bedroom units, 2 two-bedroom
units and 1 three-bedroom unit per level," but doesn't explain the configuration of
level 12.
• The letter says that all units ha c exterior balconies that exceed the Town's
requirements.That is not accurate.The juliet balconies arc much smaller than the
required 60 square feet per wnit.
• The plans and response letter refer to guest parking, reserved unit parking, and office
parking. Please provide a statement within the letter to how this will work. Do the larger
units get additional spaces, or are not all of the resident spaces "reserved"?
• This remains outstanding.The question will come up at public hearings (as wk-
other projects). 181 stalls are proposed for the 119 residential units. Does your team
know how these will be distributed? If so, please specify in your letter.
• Specify which Town Requirements are not being complied with for this project.
• The July 2025 letter now includes a list of(some)of the items that are not being
complied with, but only the ones from the Objective Design Standards checklist.
Note:Town Code and the General Plan also include objective standards. Please
include all of the exceptions; such as: max lot coverage (General Plan and Town
Code), max building height(General Plan and Town Code), max density(General
Plan), max FAR(Town Code), max height (Town Code), setbacks(Town Code), cul-
de-sac radius (Town Code), parking garage minimum turn radius (Town Code),
allowed uses(Town Code),etc. Ensure that all items listed as not compliant (marked
"no") in the Objective Design Standards checklist are included here.
• Pro ide bars:p oject infor ..a ion (lot size ilding size, a isting buildin e+ h
demolished, proposed use, height, etc.).
Community Development Department•Planning Division • 110 E. Main Street
408.354.6872 •www.losgatosca.gov•www.facebook.com/losgatosca
Page 6 of 25
911111
w - TOWN OF LOS GATOS
FIFTH STAFF TECHNICAL
r�s rai>t�� REVIEW COMMENTS
• The letter should speak to how the project complies with the 2020 General Plan Land
Use and Community Design elements.
I. II Ib144\.4 III LII4 Lam.L4G1 V1 J4J1.111__,....
o The letter should speak to the required conditional use permit findings per the Town's
d The letter should speak to the structural condition of the (previously) residential
• The letter now erroneously refers to the "New Residential Submittal Requirements" as
the appropriate application package and submittal requirements to follow.This is not
the application package for a discretionary planning application. Instead,this is a
Building Permit Application submittal guide. If you click on the link included in your
letter,you will see that this is referring to Building Permit submittals.
• Some of the plans now show a turning radius along the cul-de-sac that is below the
Town requirement 32 feet. If this is proposed, justification is needed here to ensure that
adequate space is provided for cars and emergency vehicles.See comment from Santa
Clara County Fire on this item.
• The revised letter now states that CEQA is not required. Please see earlier responses to
#9 and#10 above.
• The revised Proposed Development Description section refers to a new landing pads
which has been removed from the proposal based on the latest plans. Remove mention
to the landing pad from the Proposed Development Description.
• The Compliance with the Objective Design Standards Section states that the application
is meeting VTA's short-term parking recommendation.Specify what VTA's
recommendation is. Per the cover sheet of the plans,VTA's recommendation is 1 space
for every 20 stalls for GUEST bike parking.What do they recommend for the tenants?
• The Compliance with the Objective Design Standards Section states that the "items that
do not comply are addressed below."The second item listed (long-term bike parking)
states: "we are in compliance."As noted in the Objective Design Standards Checklist,
the required number of bike spaces is complied with, but the location is not. Update
accordingly.
• Justification for Item A.3.4 is not applicable.The justification is related to the number of
spaces required (which should be A.3.2).A.3.4 refers to dimensions of bike rooms,
which also needs separate justification as the height is not complied with in Diagram 8.
11) Objective Design Standard Checklist:The Objective Design Standard Checklist is incomplete
41-was filled out incorrectly. Please see attached for staffs comments. When resubmitting,
please follow the format provided in staffs comments.The Excel document can be provided
to you upon request,and there is a column for the applicant's response.Additionally,when
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411 t 4. .,
TOWN OF LOS GATOS
`s ? FIFTH STAFF TECHNICAL
REVIEW COMMENTS
noting the sheet that the objective standard is located on,ensure that the level of specificity
is also detailed on the sheet for staff to verify the project's compliance. Describe how each
Objective Design Standard is being achieved. Provide exhibits, details, and dimensions in
planning set as necessary to illustrate and quantify how each applicable standard is
achieved.
This remains outstanding.A large portion of the previous comments were successfully
addressed, but staff still needs additional details(see attached updated ODS Checklist).
When responding"no"to any of the items, please provide brief justification within the
"applicant response" section.Alternatively, a separate letter of exceptions can be
Zubmitted which provides this justification.
12) Provide response letters to the Town' review letters. No responses provided this last round.
PROJECT CONSISTENCY RELATED ITEMS: PROJECT PLANS
Cover Sheet:
13) Project Details:
•
#nr rin.J•r-.+•.-., \
p C "tf.,*L.n.-sv;.-4-ilner h..ii,inn r.M .
• Specify the size of the office/leasing area.
• Specify existing and proposed lot coverage.
• Specify existing and Correct the proposed floor area ratio.
N Y '' r v i j Ai 1'R-YR9 1>pTp 1 I'QfiT�A'i'ITCY-1�Y"C9-TITL
14) Project Surr mary•
• Specify the size and height of the existing structures to be removed.
15) Grosss Qui!dinb Floor pe Floor:
a Provid a separate column which shows the countable floor area of each floor
l rnmr...i nn+Lie k-,1.- nrl rinrLr\
16) Parking Table.:"
• Specify if any of the spaces are reserved. Does each unit get reserved spaces?Arc there
any spaces f^r the !casing office and employees?
17) oicy.ic. Parking:
• Use the ',��. a =dgy-heat-the Townuses-("Sho Term y's "Lvi cn
differentiating the type and num r of spaces provided.
18) nn...,Space:
• Use the same terminology as the Town ('landscape area", "Private-Recreation Space",
"y.. ..i+.. Recreation Space").
• Specify the proposed amount of each area,and highlight each area on the plans. The
"provided private open space"section is blank.
19) Project Summary:
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TOWN OF LOS GATOS
c FIFTH STAFF TECHNICAL
REVIEW COMMENTS
• The#etc! `,eight of the building is 163' 4" per Sheet A7.0, not 154'.The plans need to
c.. st-ntl sh.-. this maximum height.
20) Add the dedicated office parking spaces to the Vehicle Parking Requirement& Provided
21) The Unit Data table contains a "total"column that is unclear.Specify what"total"this is
showing. If it is floor area,the math is wrong. This table is on several sheets,
22) The required parking shown is wrong (Town Code requires 300 spaces).
ibis continue. nain outstanding.The plans say "required parking", implying that
the Town's standard parking requirement is not 300 spaces. Please also add a line for
"Town's required parking". If the intent here is to use a different parking requirement
(i.e. per State Density Bonus Law), please clarify.As of now,the statement appears to be
saying that the Town Code requirement is 145 spaces, which is not accurate.
• The response letter claims that Town Code does not require 300 spaces.See Town Code
parking breakdown below:
i. 1.5 parking spaces per unit= 179 spaces
ii. 1 visitor parking space per unit= 119 spaces
iii. Office parking is 1 space/235 sf= 2 spaces
iv. Total = 300 spaces
23) ........ ... ,. • .,
the provided bike parking totals accordingly.
24) •The fir. s Buildiw Cleve n r.a �.r Floo table sho s le`�c is 6 y_`_pL] bei.,. 1 67A sf Th fl
I., ..ho . 10 643 f l l ,j-,t„ according)
y.
25) Please update all renderings to show trees at time-"4 lasting,or add a nate stating how
long it will take the trees to get to this size. !t-seems aeiWely that the palm trees on Capri
Drive be w1 feet tall at ti
me will #me of planting.
height shown on the survey sheet.
27) The proposed floor area ratio that was ,^'''' " this last rcund is incorrect. It should be
roughly
28) The proposed parking counts table do not match the numbers shown throughout the
floorplans. Please ensure consistency throughout plan sheets.
This remains outstanding. The table shows 187 spaces, yet the Project Details to the left
show 188 stalls. It appears the error stems from the Parking Stalls Provided table, as
level 1 is shown with a total of 102 spaces,yet DG0.1 shows 102 spaces here.
29) Th` pr posed setbacks that�';ere added are-incorrect.Th„ p „a side,,arils ., Sh t
2.0 are roughly 16' and 1'.The cover she t shows 0'.
30) The required setbacks that were added are incorrect.The required front setback along Capri
is 175' (see Town Code for additional height requirements when a building is across the
street from a residential zone and over 20 feet in height).The rear setback along
Winchester is 15' (see Town Code definition of"through lot").The required side setbacks
are 0'.
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or. 'I.
' TOWN OF LOS GATOS
�)i 1 FIFTH STAFF TECHNICAL
IMI
REVIEW COMMENTS
• This remains outstanding.The response letter says that this is a Builder's Remedy
project and that setbacks don't have to be met. That said, your plans list"required
setbacks"which are not consistent with the Town's requirements. Revise accordingly.
31) The Total Grand Floor Area (275,197) does not match the Gross SF Grand Total (274,980 sf)
in the table below.
This remains outstanding as these totals are still not consistent in the plans. The updates
now show total countable floor area as both 244,951 sf and 242,612 sf, and show the
total gross sf as both 274,536 sf and 272,808 sf.The plans need to be consistent.
• Note that in the Floor Area Table,the basement should not be included in the
"countable sf".
32) Please add the Town's required bike parking to the Bicycle Parking Table that was added.
• This remains outstanding.The table currently doesn't make sense.The table shows the
Town's requirement(1 per unit)and then shows the VTA's recommended guest bike
parking (1 per 20 units)for a "total required"of 125, when the Town requires 119. It
would be helpful if you could use the Town's standard language "short-term"vs "long-
term". Is VTA's guest parking requirement supposed to supplement the Town standard
for short-term bike parking?
• Additionally,the "long-term (residence)" bike parking shows 126 at levels 1 though 4,
while the counts on DG0.1 and DG0.2 add up to 138.
33) Project Summary: ensure the existing (14'N,s 16') and proposed (167'vs 171') building
he hts lilted in th' +able a_ etent. ,ith the heights show th la
....ig..�., leer seep.., ... .........., .... .r,
34) The landscape area table does not match what is shown in the landscape plans.
35) Update the submittal dates on the title sheet to reflect this August 22, 2025, submittal.
Old Sheet C1.0 f New Sheet C2.0):
36) Labe! existing setback-.
37) The-survey shows an existing 4,292 sf building to be removed. Based on Google Maps,
County Assessor's office,and site pictures, the existing-building is closer to 2,100 sf and
there arc several sheds at the rear of the site. Update the survey accordingly.
38) The existing tree table is missing information(see submittal item comments above).
• This continues to remain outstanding.See comments above regarding height.
39) Provide a legend for the symbols and abbr viationr used.
on this sheet.The neighbor tree-at 14274 Capri Drive are-missing. Also label the-(what
�o be) shr .hs alo Wi cheste Bo le rd
41) The arberist report, once updated per comment above, needs to provide protection
recommendation for the missing tree.
42) Ensure driplines arc included for a!!trees idcrtificd. For example, trees 9 and 10 don't have
.lr:..iine.-1,...... pips shown nd there shown that n't .. mere.
43) Who owns Tree 31? (town or neighbor?)
44) Specify which of the trees are considered fruit-bearing. Now that canopy spread and tree
height was provided, staff calculated the tree replacement requirement as being (108) 24"
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TOWN OF LOS GATOS
1` A ; FIFTH STAFF TECHNICAL
le
- REVIEW COMMENTS
box trees or(54) 36" box trees.As proposed,only (23) 36" box trees are proposed, which
would be short of the requirement by (31) 36" box trees or(62) 24" box trees.This would
require an in-lieu payment of$15,500 per Town Code. However, several of these trees may
be exempt from the replacement requirement if they are determined to be "fruit-bearing"
iTrees 10, 17, 20, 21, 26, 27, 30-36, and 39).This could drastically reduce the in-lieu fee.
Old Sheet C2.0(New Sheet C3.0):
45) Utilities arc shown overhead.C rfiF- ,`wi h PP..L if he .di I r ife .,4 .J•
46) The Earthwork Notes show Maylmurri site fill-0'.The plans show 275 cubic yards of fill,
�.hich means+ha+ e+bar 0'of fill a' "^ sed. ge , ..,. ^ .F: th. corm +' .
47) Show the dedication area and include dimensions and total area.
48) Provide an additional section running through the length of the site.
49) Dimensions the property boundaries.
50) Dimension the sidewalks,r rb` eaciw, ys e+�1 loser m +i_�` lh rli..� n rl1
Dimension, ..... ..,,.. .., r u y,., ..�.. gyp....��,.,.� �� ..��,�*o*,��
51) Show traffic dire-A-;,...on the streets.
52) Specify location of the fill area (this should also be labeled in the civil sections).
53) Provide details on the "temporary loading/staging zone".The arrow is pointing to the
54) Would any physical barrier be proposed between the southern edge of the cu! de sac and
Winchester Div,)
55) There is a "proposed driveway" note on 14333 Capri Drive.
56) Put an on the (visible)trees that arc proposed for removal.
57) Thsidewalk around Tree I slur. s the butt + ,�h'nn 'nt +h bi-k 1 + '
e�, ..v.4 , ,,... .,.... .,. �-E�ro�:-:.�-.b-;-. ��oe al c �a„�-�-.-c,,,�a,;:
Sheet CI.0 show`this being removed. Ensure the plans are consistent.
58) Provide a legend for the symbol` and abb`c5iations used.
59) The area to the north of the building would create a dead end area (see area highlighted
below). (-onsid r fencing this area off so as rot*c create a safety issue.
60) Pleaseprovide the followingctback` (sec below).
s ti.,
61) The plans now show a dog park and fenced area at the southern end of the cul-de-sac. On
this sheet,the site plan, or the landscape plan, provide additional details(fence height,
design, lighting, landscaping,etc.). Please also ensure that coordination with Parks and
Public Works continues to occur as this is proposed within the Town's right-of-way.
- ,ne response letter says that the dog park has been removed from the proposal, yet the
landscape plans still show it.
62) Now that the arborist report shov's Fecon+mertdad-tree protection, show it on this sheet or
note it somewhere in the plan set.
63) Dimension the depth of the roof overhang, noted as "Outline of Floor Above."
64) The bulb out along Winchester has been removed, but(what appears to be)a driveway
approach is now shown,which would lead to a 13-story wall. Please confirm what is
proposed here.
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Page 11 of 25
%N 1' jr,
)1 � TOWN OF LOS GATOS
` 'A FIFTH STAFF TECHNICAL
REVIEW COMMENTS
• This remains outstanding.See screenshot below.
V RRE SERVICE ~
Ili 4FDC
6 KM 1 S32'33'25•W 101.44'
4ZM y — —
i PROPOS:
R * D 10n
PROPOSE
AND SIDE
mime --
65) 4-i:.,5. ^e c ti etcd loca one str cti^ sta g he ho tho l- +
66) Sbecifv the surfacing materials of the parking garage.
• Previous deficiency comment moved to consistency. Please specify these materials.
New Sheet C3.1:
67) Remove the scale at the bottom of the sheet as it is not accurate.
68) ,,...... existine u. N d ,, ,
Till .1,...+h l_
Old Shoot C3 0 (new Sheet C4.0):
69) The total site area is shown here as 29,305 sf, while the rest of the-plans show 23,225 sf.
70) Specify the percent of increase/replacement.
New Sheet DG0.1:
71) s shoot a 1..'
72) The plans say 53 "guest bicycle parking" ro sou. Use the correct terminology("short
+.. m") and correct the ........... .12 are proposed;the indn.
73) The short term/guest parking spaces would block the sidewalk. Revise accordingly.
74) Provide details of vehicular gate(50%open rule).
75) clh ..,.ilia^ h.,i.,h+in +hc bi':e roo";s.
76) Label widths of pedestrian entrances.
This remains outstanding.The door to the parking garage (north of the mail room) is not
dimensioned.
77) Provide Mulls of tine-!s g term bike park for compliance with the ect;vrDesign
78) Put an "X" on the (visible)trees that arc proposed for removal.
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€`1 i' %F.,..
fira( TOWN OF LOS GATOS
,* '0 ` FIFTH STAFF TECHNICAL
REVIEW COMMENTS
79) The.re is a miscellaneous double line adja,.ent to the angled parking stall in Level 1.
80) Keynote 4 says that ground mounted utility cabinets will be screened.The plans (perhaps
the Landscape plan) need to show this detail.
This remains outstanding.The plans do not specify height of utility cabinets. See related
comments in ODS checklist.You can estimate the height for now.
81) 'lease fix the setback annotations that arc blocked by trees.
82) Specify how far the entrances are recessed per related comments on ODS Checklist.
• This remains outstanding.The door to the parking garage (north of the mail room) is not
dimensioned.The other entrances were added.
along Winchester dated comments on ODS Checklist.
85) New-F Dorm-Note 2 p ovid, a good Fespeflsei-justification for the short term parking
rce,uircmcnt ex'-options. Please provide this in the ODS Checklist response or in the
justification letter a requested.
86) Add the north arrows back to this sheet.They were removed in this submittal.
87) The long-term bike parking was modified, and now the floor plan note is not legible. It
appears to show 32 spaces, while the table shows 34. Update accordingly.
88) A dashed green line was added and dimensioned (30') adjacent to the leasing office, but it is
not labeled. Staff does not know what this is showing.
89) The"R" numbers throughout the parking areas no longer add up. For example, the numbers
go from "R1 thru R19" and then lumps up to "R25 thru R49."The numbers were changed in
this submittal and are no longer accurate.
90) Please note that the math provided for Floor Plan Note 2 is not accurate. It notes that"119
x 20=5.96".
New Sheet DG0.2:
91) Fl. lan note ' s tho 120 i bik
92) Floor plan no+e 2 says to see detail DG0.1/3 for long term bike parking details. Detail
DCO 9 /3 is a short term space.
93) Plans were updated and now the long term bike parking notes are inconsistent. Ensure that
in each table below, the floor plan matches the actual floor plan. For example, Level 3 floor
11 . -.. tics 1onunuUusl
LEVEL 3 PARKING GARAGE Stop See N.
19,749 GSF
1. AS PER OBJECTIVE DESIGN STANDARD,A.3.2,ONE LONG TERM BICYCLE SPACE IS
I
REQUIRED PER DWELLING UNIT.
-TOTAL NUMBER OF DWELLING UNITS=119
-TOTAL NUMBER OF LONG TERM BICpKING PROVIDED jAT LEVELS 2,3 AND 44= 9
LTOTAL °=1` 40 I
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TOWN OF LOS GATOS
: Y.
,.0 X k ,,,V FIFTH STAFF TECHNICAL
y REVIEW COMMENTS
plan table shows 52 long term bike spaces,while the call-out notes show 32 and 24 (56
total), and the call-out for 24 bike spaces is pointing to bike room 3, which shows 20 bikes.
Similarly, Floor Plan Note 1 needs to be updated as the updated count is no longer 140, and
bike parking is proposed on the first floor and not lust levels 2-4.See below screenshot.
94) A new"continuous wheel stop see note 2"call-out was added, but note 2 does not
correspond to wheel stops. Update accordingly.
95) A new"sunshade device outline" call-out was added, but the dimension is not noted.
Specify how far it overhangs beyond the wall.
96) The dimensions for the southernmost architectural awning (above the lounge)are not
accurate.The dimensions measure to the property line, and this awning does not extend
that far.
New Sheet DG0.3:
97) Floor plan note 2, "tetal pr i zItc sp~:cc provided" is blank. Please note that the rule states
that each unit needs 50 square feet.This is not complied with.
98) What do the fc!!c:.ir nu:rber s represent?(see below).
99) Provide a scale.
100) As noted above, spc'ify lo'-ation of BMP units somewhere in the plans.
101) The common open space note was updated on Sheet A3.0 and the Cover Sheet, but not this
sheet.
102) New notes are added to the floor plans for Level 5 and Levels 6-11 that show building sizes
that do not match the tables directly_below. Revise accordingly.See below for an example.
Ls 1r23I, F { 1;
LEN,�
iu I1 -r ;?
ill
II
°grwnr•t id
j1/
l 9,l,;
ig,; LAY 1 air _1,I',,
�.' // LEVEL 5 RESIDENTIAL FLOOR PLAN
3 ~:a' I'/ TOTAL UNITS 15
OVERALL GROSS AREA=20,123 SF
:. ,� GROSS AREA EXCLUDING BALCONIES 17089 SF
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TOWN OF LOS GATOS
�; �'� FIFTH STAFF TECHNICAL
REVIEW COMMENTS
New Sheet DG0.4:
103) �abe! the osod a,� s n the ace-plat .
104) Add the following �to Note 1 "the mechanical equipment will be shorter than the proposed
rnnf— r. "
105) A new"metal screen tall fence" call-out is shown along the play-court.Specify the height
and design somewhere in the plans.
106) New boxes are shown in the play-court which are not legible.What are these showing?
ch..e+ Alf.
107) Label the addresses of the properties shown.
pi lures provided are from Googlc Strcctview and do not show inside the property fence.
Sheet A2.0:
Capri Dr
110) Labe!the trees.Staff is assuming these arc proposed.
111) Provide vide dimension-for the sidewalks(plans must be fully dimensioned).
112) Specify a!! setbacks, the setback along the southern edge of the building.
pe y u including
113) Labe! and dimension the property lines.
114) The majority of the items in the C.S. ch 'cklist say they are complied with on this Sheet.
Anytime the 0.S.checklist references this sheet,there should be annotations or dimensions
115) Show the full extent of Winchester Blvd.
116) In the Site Data table,specify the lot size before and after dedication.
117) Show the required building setbacks.This is a submittal requirement(noted above).
118) The sidewalk around Tree 1 shows the bulb out encroachinginto+he bike 1. e+ a•„
Sheet C1.0 shows this being removed. Ensure the plans are consistent.
119) Several of the(-etback labels along Winchester Blvd are not legible.
120) Please provide the following setbacks (see below).
121) Fix the proposed and required setbacks as noted above in the Cover Sheet comments.
• This remains outstanding.The response says that required setbacks were updated
(which they weren't), and the response references North 40.This is not a North 40
project.
122) Fix the FAR as noted away in the Cover Sheet comments.
123) Provide details of the proposed fencing here or somewhere in the plans.
• This remains outstanding.Thank you for providing details for the metal panel fence;
however, staff is still looking for location details for the 6' tall concrete wall.
124) A new, Proposed Landscaping Calcs, table was added.The total shown (2,504 sf) does not
match the totals shown throughout the rest of the plan set.Additionally, specify what"LA"
refers to, as each area is numbered "LA1, LA2,..." etc.
125) Per Town Code Section 29.10.06702, minimum turning radius is 32'.This sheet shows that
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TOWN OF LOS GATOS
liar. FIFTH STAFF TECHNICAL
REVIEW COMMENTS
30.5'are proposed. Ensure that the turning radius is consistent between the sheets, and if
under 32 feet is proposed, include justification in the project description letter on how the
proposed radius can accommodate cars and emergency vehicles.The letter currently just
talks about the transformer location and the need for an easement.
126) The sheet says"(E) cul-de-sac."There is no existing cul-de-sac at the site.
127) Specify the ROW width of the new cul-de-sac.Town code requires 42'. If this is not met,
provide justification.
Sheet A2.1:
128) The revised cul-de-sac radius note (32') does not match the rest of the plans.
129) The sheet says"(E)cul-de-sac."There is no existing cul-de-sac at the site.
Sheet A3.0:
130) Provide dimensions throughout the parking garages (i.e. drive aisle, parking space
dimensions, radius of angled spaces, turn around area,turn radius, etc.).
131) Labe!and dimension the property lines.
132) Provide fu-ll road details (full extent of drive aisles, center line, etc.).
133) ,own .,de, .0
by the Town Engineer. Each level of the parking garage has a dead end area.
134) Picvidc details of t!•e bike parking areas(what type of bike parking, number of spaces,
indieidua! bike lockers or one larger room, etc.). See the Town's Objective Design Standards
checklist for m"rc detail.
sheet).You need to show how much room each parking lifts takes, and how the Town's
requircrrerts for drive aisles arc still complied with.
136) Labe!the size of the !ease office area.
137) Specify if a vehicular g..tc is proposed. If so, provide details on design and location.
138) Level 1 is shown with a 19' clear ceilingheight,yet the elevation shows a 16'plate height.
b
Which is accurate?
139) Shew rod cuver-A-My of the angled parking stall(north eastern corner of the-garage) in
n�.MVL..4N1..
relation to the two ay ramp immediate! adjacent.
140) What is meant by"PIT PARKIN "? Does this refer to the bottom of the mechanical lifts?
141) Show how trash pick up will be accessed. Does the truck- ve int„the parkin arage?
142) Per the spec sheet,the mechanical lifts have a stall depth-of 18.3',yet the plans only show
1Q feet. En +hat the lifts c_e-s-_fi+
143) Per the spec sheet,the "n'y way to get a 3 pa-rking space lift is to have some sort of tandem
configuration. No tandem configuration is shown. Confirm that the 3 spaces per stall can
work in this config ration.
145) Pk b ��„jacent toe wall-(i e � e 4 2) w + h f a 5 id
146) LLp date hort term and low +err bik rk' h � +he S t
I f'fl 'I
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0- ,if
W# TOWN OF LOS GATOS
1 FIFTH STAFF TECHNICAL
REVIEW COMMENTS
147) Town Code requires es one continuo s curb for wheel stops.
148) Specify the height of the proposed concrete wall.
149) Parking rtai!s with a 60 degree angle(space 60)mast have a depth e€19! 8" per Town Code.
150) There arc two parking spaces numbered 61.
151) The front elevation shows a shade element/roof element over the door adjacent to the mail
room.Show depth of overhang on this sheet per applicable ODS Checklist comments.
This remains outstanding.They are not shown or dimensioned on this sheet, but they
were added to DG0.2. Update this sheet as well.
152) Specify how far the proposed prefab concrete wall extends.
• This remains outstanding.
153) Show the Town's standard double-striping in plans(see attached).
• This remains outstanding. Would the mechanical lift spaces contain the double-striping?
154) There is a new note along the vehicular entry to the garage that says"slope".Specify what
the slope would be.
155) The Level 1 table shows 101 parking stalls, while the floor plans shows 97.The spaces
shown adjacent to Stair 2 are shown as 24 spaces on this sheet,and 29 on DG0.1. Update
accordingly.
156) Specify the exact location of the concrete wall. It is not clear if it extends all the way to the
Capri Drive frontage (which would not be allowed).
• Previous deficiency comment moved to consistency.
157) A new bold line was added south of the building(see below).Specify what this is for.
I \\:\ i ' /
L_i
IA 1
\, 14
Q
\ . 1 / -•----._ / I r// i
Sheet A4.0:
159) Labe! and dimension the property lines.
160) Per Town Code,dead end areas in a parking garage must have-turn around space approved
b .the T �h I 1 f th ki n rag h d d d o
,.'� �..., r�`J$? i?blil£er—�� o ccdto-o-i co c-par eciir6�vgc-ncr��cau��rnayrca.
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Page 17 of 25
41,1;1: it\,
FF TOWN OF LOS GATOS
A, '. FIFTH STAFF TECHNICAL
REVIEW COMMENTS
161) Provide details of the bike parking areas (what type of bike parking, number of spaces,
individual bike lockers or one larger room, etc.). See the Town's Objective Design Standards
checklist for mere detail.
c....1anati,,n :..+he `etter of Justification.
163) Please note that the lounge areas count toward the Community Recreation Space
.equi ement.
164) Level 4 has 31 total spaces(20 single stalls). The plans say 32 total spaces(30 single stalls).
165) .,. .,. gl. r b
167) The minimum inside turning radius in the parking garage is 20' per Town Code.The plans
show a turning radius of only 10-11 feet.
This continues to remain outstanding and non-conforming.The turning radius shown
does not comply. Explain how the reduced turning radius can accommodate auto
movements within the garage and provide justification for the reduction.
This needs to be shown on the plans.
169) Specify if key access is provided for the bike rooms.
170) provide detail-or notes en the continuous curb that is shown,ensuring compliance with
Town standard-.
171) New notes were added for the architectural metal awnings and sunshade device. Provide
dimensions of each.
Sheet A4.1:
172) As the turn-around spaces have been reconfigured, show how parking space R1 (adjacent to
the mail room)would back-out.
Sheet A4.2:
173) The turn-around exhibit for parking space R116 shows that the vehicle would need to drive
outside of the building walls to make that turn. Revise accordingly.
New Sheet A4.3: (in the future,when adding a new plan sheet, please create a new page number
since we are tracking comments per sheet number).
174) This sheet appears to be included to justify an exception to the minimum turning radius
within a parking garage. Reference to this sheet should be included in your justification
letter.
175) Include the centerline of the ramps.As drawn, it appears that a Ford Escape would extend
beyond the drive aisle.
Sheet A4.4 (Previously Sheet A4.3):
176) Jim s+h. bike st a !e gth : Dia 3 n nd � ODS St a d n 3
Community Development Department•Planning Division •110 E.Main Street
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Page 18 of 25
\NCI:..._`�•
TOWN OF LOS GATOS
�� FIFTH STAFF TECHNICAL
REVIEW COMMENTS
177) u,
arrangement in Diagram 2 is what is shown on the plans.
178) a ", ib . . . .
179) .he bik .king ta .e
arc actua!!f located on flacre. 1 4.
180) Diagram 3 now shows two bike spaces adjacent to the workstand and pump station. Specify
the dimensions and type of bike parking proposed here.
Sheet AC 1•
181) This sheet z„.,- inc!udcd trice in thc elan set.
Sheet AC 0.
182) Provide setback dimensions along thc entire building.
183) Label and dimension the property lines.
184) Specify the size of each balcony and include dimensions so staff can confirm the "private
recreation sp,.'c" requirements arc met.
185) Confirm that the unit sizes shown arc not including the balconies.
186) Level 5 and Levels 6 12 look identical,yet the overall gross area is Foughly 500 square feet
different. P!case confirm this is accurate.Again, decks don't count as gross square footage.
187) Specify the corridor width.
188) Confirm what the shaded area of Level 5 represents(roof below?).
189) Why are the open space areas for Level 5 labeled as decks when they are above grade?
Unit A).
191) ,,, „
showing. If it is floor area,the math is wrong.This table is on several sheets.
192) b
19,674 sf. The floor plans show 19,643 sf. Update accordingly.
Sheet A6.0:
193) Provide setback dimensions along the entire building.
194) Labe! and dimensicr,the property lines.
195) .s an,thing prop.. .. u ,
197) Confirm if the roof top acthitics arc solely for the use of residents.
198) Specify the size of the covered clubhouse.
199) The Level 13 data shows 8,255 sf of"total-copy open space",while the Community
Open Space table at the bottom of the sheet says a total of 18,166 sf of community open
space is provided at the roof terrace. Update accordingly.
200) Add the three trees along the sports court, per the landscape plans.
201) The size of the quiet open deck is no longer legible.
202) A new, Proposed Landscaping Calcs,table was added.Specify what"LA" refers to, as each
Community Development Department• Planning Division • 110 E.Main Street
408.354.6872 •www.losgatosca.gov•www.facebook.com/losgatosca
Page 19 of 25
vvi, _J
'7 TOWN OF LOS GATOS
�� FIFTH STAFF TECHNICAL
s gat REVIEW COMMENTS
area is numbered "LA1, LA2,..." etc.
203) The total in the Proposed Landscape Area table (1,242 sf) does not match the total shown in
the level 13 table (1,277 sf)
204) The total community recreation space (12,134 sf—in the Level 13 table) does not match
what is shown in the Community Open Space table(18,166 sf at roof terrace level 13).
205) Please specify the height of the new metal screen fence along the outdoor play-court.
Sheet A7.0 and A7.1:
206) Labe!existing and proposed grade on all cic1ation and section drawings.
207) €ivc cardinal dirccticros for the elevation titles.
208) Provide a!!four side "f the hhrildina
b•
209) Provide Information on proposed exterior materials.The color scheme legend is not correct
glass .,ling.
210) se N.vvidc a see io „ ning ..v b .
what is proposed within this building. Is the helipad technically a 14th story?
211) Provide finished floor heights along each story of the building.
212) Show neighboring struct res in the "Front Elevation along Capri Drive."
213) Labe!the vehicular and pedestrian entry points.
214) There is a (roughly)h! ) 10'difference between the two elevations.All the elevationa„d .�TT
��
drawings need to shove the maxis um proposed height.
215) This sheet shows the total height at 168',while the streetscape shows 167'.
216) Labe! the vertical clearance below the sunshade device (front elevation).
217) Items"F"through "I" are mis,ing in the color scheme.
218) The neighboring structure on the Icft elevation is cart off and missi-ng its height dimension.
219) Show the new trees along the Left Elevation and Rear Elevation.
220) Provide the address and height for a!! shown.The office building on the front
elevs.ti.,• i.s missing this
...�.va+a..... w .�n,.sn�b this.
221) Now that existing grade is shov'n, ensure that building height is measured to existing grade
on al! section and elevation drawings.
222) Provide material callout for the garage gate on the front elevation ("K").
• This remains outstanding.The"K"call-out does not have an arrow and is currently on
top of the residence at 14274.
223) Label the metal screen around the play court,specify the height, and include a material call-
out.
224) On the left elevation,the cypress trees are cut-off, and notes to the old Brisbane box trees
(removed from the landscape plans) are still shown.
225) Provide details on the new exterior molding/band proposed.
Sheet A8.0:
226) Labe! existing, and proposed grade on all elevation and section drawings.
227) Labe! building heights (existing neighboring buildings and proposed building).
Community Development Department• Planning Division •110 E. Main Street
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Page 20 of 25
TOWN OF LOS GATOS
•I.G� FIFTH STAFF TECHNICAL
REVIEW COMMENTS
228) Specify proposed materials,
229) Labe! property Lind.
230) Provide finiahed floor heights along each story of the building.
231) Provide the address and heights of all neighbors shown.
232) Labe! the v-ehicu,ar and pedestrian entry points.
233) The•,Wirehe.�.. "
.:ou!d arguable be just as wide as the Capri Drive street view. Instead,this looks like a street
view from the soLthcrn corner of the building. Rename accordingly.
234) Labe!the location of each elevation and street view within the smaller Site Plan on this
sheet.
235) is shown on the Capri Drive Str ectview? (see below).
Whata,pr . t�
236) Add the missing Winchester Blvd Strcctscapc.
237) Labe! maximum tote1 height on each strectscape.Left elevation isn't maximum height.
Left elevation shoes 154', but it isn't pointing to the top of the scr cent ndditio all
,
the sections show this area as 155'.
238) See comment Wbovc regarding different max heights shown between streetscapes a�-d
240) Specify the heights of the residences in the new Rear Elevation.
Sheet A9.0:
241) Provide a site pia-)showing where ch view is taken from.
242) Label cxt^rior materials.
243) ;;;c;,ad n u.I.J: ,. .,h...� Iieab!e.
b �.b - ".o�a arr•
244) "View 1 Along Capri Drive" not"facing west." Revise accordingly.
245) Eithe. sh-e.. ,
tom:
Sheets A10.0 and A10.1:
246) include a north arrow ow in the Kep-Map and label the streets.
247) Labe! existing and proposed grade on ail elevation and section drawings.
248) Specify the finished floor heights.
249) Show buildings 1 "neighboring ^ (notinb g addresses and height).
250) ' "
,
The maximum prop
251) C 'eY � _W"cif. .. ah „ m Thies h ph+ em + h t bel +he
252) There it a Capri i Dr" label-+�+h.. loft..f+h < etie-n h' h h I.J t b tC'pr ,
253) What does this "x" represent?(see below).
254) Section B B shows hetep o rooftop-at 155', while the elevations- how454
255) Now that existing grade shown, ensure that building height is mea&ed to existing grade
Community Development Department•Planning Division •110 E. Main Street
408.354.6872 •www.losgatosca.gov•www.facebook.com/losgatosca
Page 21 of 25
vv r 'F
Oft
TOWN OF LOS GATOS
,1 FIFTH STAFF TECHNICAL
REVIEW COMMENTS
on all section and elevation dra ings
256) The address added on A10.1 is incorrect.There is no "579" across Capri Drive.
Sheet A11.0-A11.3:
257) Specify the size(square feet) of each unit's balcony.
258) Ensure that the unit size shown does not include the balcony.
259) Provide width and depth dimensions of all the balconies(Unit B is missing the width).
260) Ensure that the full extent of the balcony is shown (missing on A11.2 and A11.3).
261) ...e U t ,.a a ab ins „
262) Thee arc two different"Unit H"floor plans, but only one "H" cokimn in the table.
263) ".. " u. .. '
264) Units F, C, H, I, H (there arc two "H"floor plans) are missing the second depth dimension
265) S-heat A11.9-w�aael wed rise t.. -:-
266) The Total Private Open Space shown in the table on these sheets is 21,003 sf,while the
cover sheet shows 17,656.
267) The Key Map on Sheet A11.2 is not displaying correctly.
268) The summary table on Sheet A11.3 is cut-off.The "total"column should say "total private
open space"to match the other tables.
Sheet Al2.0
269) T"e shadow study is incomplete, and the shadow« ^u+_„ Ze ,.+,,, +h, .. l.,
views show the full extent of the shadows.
270) Include addresses and number of stories of each neighbor shown.
271) The March 21st(3pm)shadow study does not show the full extent of the shadow.
Sheet A 1] 0•
272) he plans ne�
New Sheet A16.0:
274) for Diagram*2, staff is unclear where the "stepbacks"are taken from. For example, when
the wall plane- ays "2'stcpback",what is it stepping back from?
275) For the Level 13 diagram on A16.1,what is the 5' 11"dashed line represent?
Sheet PL-1:
276) Include a planting pan with a proposed tree table (see application packet for details).
277) Is any fencing proposed?The O.S. Checklist calls for at least 5 trees along the rear property
line and a masonry wall.
• This remains outstanding +ease clearly call out fencing proposed on the northern
property line.
Community Development Department• Planning Division •110 E.Main Street
408.354.6872 •www.losgatosca.gov•www.facebook.com/losgatosca
Page 22 of 25
li ' 4.
\"I Is '
, TOWN OF LOS GATOS
(i -..\A FIFTH STAFF TECHNICAL
.' REVIEW COMMENTS
278) Specify the percentage of the site that is landscaped.
279) Specify the percentage of the community open space that has landscaping.
280) Specify the percent of the front setback area that is landscaped. Note that the landscape
area highlighted extends into the public right of way. Only the on site landscaping counts.
281) Ensure that the total landscape area (4,645 4)-dees-Ret-ihelude-the-le-nel.sea-pi-ng-in-t.he
pubic right of way.A d;
282) The electric transformer must be screened from view. Provide details on how this will be
accomplished.
• This remains outstanding.Specify(or estimate)the height of the transformer.
cad ends and would present a possible safety issue.
284) The !ta!ian Cypress is missing from the tree list on this sheet.
285) The palm trees were removed, but they are still shown on this sheet.
286) Fix the call-out line for the electrical transformer now that it has moved.
Sheet PL
287) Specify the size of trees at maturity(submittal requirement).
288) Note that: lie .fees will be d +h h l� +* es d of t
�"�"Ri1T p-QT;SiT iria�i��r-cn rc'�racc���c��c ucco aycy�wc ���ccc
r„ „ r„,-1„
Sheet PL-3:
289) Staff is having difficulty telling the difference between the (new)_Trumpet Vine and the
Toyon plants. Revise accordingly.
nit Sheet Ea le:
290) Lighting is needed every 30' per the Town's Objective Design Standards(A.7.1).The lighting
plan needs to note distances between exterior lights.
291) Ad i...o.ma io ..,
1\1n...Ck..n+ Eli 9 G•
292) L nb i., ...tided-every 30' per the Teo Objecctive es n Standards (A.7.1).The lighting
pie a n`eds t di t s here. + 1' h+
293) The-step lights along the "quick deck" would not meet the he• h+
.. iSi 1 c re qa i r^crncnts-v frrrrci.
294) Specify the height of wall mount lights and SW3 within the sports court.
295) n u ....
+ n Stan foal n � �
Sheet E0.50:
296) Erfurt there is an image for each of the callouts in the kimineke schedule.51, SWI, D1, and
SAA13 arc missing.
297) S„ecif mounti„ height for each O„ly a few h „ So ela+ + ODD
Community Development Department• Planning Division • 110 E. Main Street
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Page 23 of 25
i a1�`(1�{li�'fr!)f}r/fii
TOWN OF LOS GATOS
i FIFTH STAFF TECHNICAL
:jii0 REVIEW COMMENTS
Genera!Comments:
1) Please modify plans per the above comments and resubmit to Planning via the Town's
Online Permitting Service with a compliance memorandum and any other supporting
documents. Please also submit 2,full-size printed sets to Town Hall.
2) This Architecture and Site application is required to follow the Town's Height Pole and
Netting Policy. Height poles/renderings and project identification signs will be required
prior to the public notice of any pending approval.
3) Pursuant to the adopted fee schedule, in the event additional processing services by the
Town are required due to changes, modifications, additions, errors, omissions, or
discrepancies caused by the applicant of his/her agents or representatives,the applicant
shall pay an additional fee as determined by the Director of Community Development to
cover the actual cost.
4) Pursuant to the adopted fee schedule, if the requested information from any of the
Tech Review Staff is not submitted within 180 days of this meeting, the applicant will be
required to pay a fee of 10%of the current application fee at the time the requested
information is submitted. Any resubmittal after one year from September 17, 2025 will
be processed as a new application, subject to new fees.
5) Pursuant to the adopted fee schedule, if after three meetings, any additional review is
required by the Technical Review Committee and/or DRC, there will be an additional fee
based on time and material cost.
6) The project is subject to WELO- New construction projects with an aggregate landscape
area equal to or greater than five hundred 500 square feet or rehabilitated landscape
projects with an aggregate landscape area of 2,500 square feet are subject to the State's
Model Water Efficiency Landscape Ordinance (WELO). A complete WELO Landscape
Documentation Package is required prior to issuance of building and/or grading permits.A
completed WELO Certificate of Completion is required prior to final inspection/certificate of
occupancy. Review by the Town's Consulting Landscape Architect for WELO requires a
payment of a $5,500 deposit.
The application is complete but contains inconsistencies as identified above. Please resubmit
and provide a compliance memorandum showing how all the deficiencies,corrections,and
general comments have been addressed. When resubmitting, please include two printed,
full-sized,24"by 36"plan sets.
Community Development Department• Planning Division •110 E.Main Street
408.354.6872 •www.losgatosca.gov•www.facebook.com/losgatosca
Page 24 of 25
TOWN OF LOS GATOS
FIFTH STAFF TECHNICAL
REVIEW COMMENTS
cat5,..
Ryan Safty
Associate Planner
RSafty@losgatosca.gov
(408) 354-6802
N:\DEV\PLANNING PROJECT FILES\Capri Drive\14288\S-24-044-SB 330 Formal App\Staff Comment Letters\R5-Complete\PLN-14288 Capri Drive-Complete
Letter 9-17-25.docx
Community Development Department•Planning Division •110 E. Main Street
408.354.6872 •www.losgatosca.gov•www.facebook.com/losgatosca
Page 25 of 25
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Sec. 29.20.185.Table of conditional uses.
An"X"indicates that an activity is allowed in a zone if a conditional use permit is issued.Activities listed in
this table are only allowed where a conditional use permit is issued,or where the activity is specifically listed in the
permitted uses for the zone.
TABLE OF CONDITIONAL RC HR R1 RD R- R- RMH 0 C-1 C-2 CH LM CM
USES M 1D
(1) Commercial
a. Banks X X X
b. Reserved
c. Drive-up window for any X X X
business
d. Supermarket X X X
e. Super drugstore X X X
f. Department store X X X
g. Shopping center X X X
h. Motel X X
i. Hotel X X
j. Restaurant including those X X X X X
with outdoor dining areas
or takeout food _
k. Establishment selling
alcoholic beverages for
consumption on-premises
1. In conjunction with X X X X
a restaurant or
specialty food
retail use
2. Without food X
service(bar)
3. Tap/tasting room X X X X
I. Establishment selling X X X
alcoholic beverages for
consumption off-premises
(this provision only applies
to establishments
commencing or expanding
off-premises sales after
April 23,1981)
1. In conjunction with X X X X
a specialty food
retail use
m. Convenience market X X X
n. Reserved
o. Formula retail business X X X X
greater than 10,000 s.f
p. Reserved
q. New office building X X X
approved or constructed
after May 1,2006
r. New retail sales of X
firearms,ammunition
Created: 2025-06-09 15:45:24 [EST]
(Supp.No.97)
Page 1ot5
ATTACHMENT C
and/or destructive devices
as set forth in section
_29.70.100
(2) Recreation
a. Commercial recreation X X X X
and amusement
establishment
b. Theater X
c. Outdoor entertainment X
d. Swimming pool for non- X X X X X X X X X X X X
incidental use
e. Private sports recreation X X X X X X X X X X
club
f. Golf course X X X X X
(3) Community Services
a. Public building;police, X X X X X X X X X X X X
fire,community center,
library,art gallery,
museum
b. Club,lodge,hall,fraternal X X X X X X X X X X
organization -
_
c. Church,monastery, X X X X X X X X X X X
convent,and other
institutions for religious
observance
d. Mortuary,columbarium, X X X X
mausoleum
e. Public transportation and X X X X X X X X X X X X
parking facilities
f. Park,plaza,playground X X X X X X X X `X X X X
g. Nonprofit youth groups X
(4) Schools
a. Public schools or college X X X X X X X X X X X
not otherwise specified
b. Private school or college X X X X X X X X X X X
not otherwise specified;
including a new private
school or college to be
located on grounds or
within buildings formerly
occupied by a public
school
c. Nursery school/day care X X X X X X X X X X X
center,provided that each
shall be on a site not less
than 20,000 square feet in
area and in a building not
less than 2,000 square
feet in floor area _
d. Family daycare home X X X X
e. Reserved
f. Vocational or trade school X X X
g. Business or professional X X X X X
school or college _
h. Art,craft,music,dancing X
school,group classes _
(5) Health Services
Created: 2025-06-09 15:45:24 [EST]
(Supp.No.97)
Page 2 of 5
a. Hospital X
b. Convalescent hospital X X X X X X X
c. Residential care facility- X X X X
small family home
d. Residential care facility- X X X X X X X X X X
large family home
e. Residential care facility- X X X X X X X X X X
group home
(6) Transmission Facilities/Utilities
a. Public utility service yard, X X X X X X X X X X X X
station,transmission lines,
storage tank,drainage or
communication facilities
b. Antenna facilities X X X X X X X X X X X X
operated by a public or
private utility for
transmitting and receiving
cellular telephone and
other wireless
communications
c. Radio and/or broadcast X X X X X X
studios
(7) Automotive(Vehicle sales,service
and related activities)
a. Vehicle sales and rental X X - X
b. Reserved
c. Vehicle tires and X X
accessories,sales,
servicing,recapping
d. Vehicle body repair and X - X
painting
e. Vehicle repair and service X - X
(garage)
f. Service station X X X X
g. Parking lots or storage X X
garages,not accessory to
another use
h. Car wash X
i. Truck terminal X X
j. Recreational vehicle and X X X
equipment storage yard
k. Temporary auto storage X X X X X X X X X X X X
for automobile dealers
I. Parking lots that serve a X
nearby commercial use
located on a previously
unimproved property in
the R-1:12 zone on an
arterial street
m. >Sales,service,and repair X X X
of electric vehicles as set
forth in Section 29.10.020
(8) Residential Uses
a. One-family dwelling(in a X X X
mixed-use project)
b. Two-family dwelling(in a X X X
mixed-use project)
Created: 2025-06-09 15:45:24 [EST]
(Supp. No.97)
Page 3 of 5
•
c. Multiple-family dwelling X X X X
(in a mixed-use project)
d. Mobile home park X
e. Caretaker residence X X
f. Reserved
g. Conversion of a mobile X X
home park to any other
_ use
•
h. Live/work units X X X X X
(9) Agriculture and Animal Services
a. Botanical nursery X X X X X X X X X X X X
b. Dairying X X
c. Veterinary hospital X X X X
(without kennel)
d. Kennel X X X
e. Commercial and private X X X X X
stables and riding
academies
f. Wineries that have been X
legally and continuously
operating for at least 50
years or is operated in
conjunction with a
vineyard
g. Aviaries and other X X X
wholesaling animal-raising
facilities
h. Vineyards,orchards,and X X X
agricultural or farming
activities greater than
3,000 s.f.
(10) Light Industrial
a. Large recycling collection X X
facilities
b. Large recycling collection X X X X X X X X X X X X X
facilities operated by a
public agency
c. Equipment rental yard X X X
d. Construction materials X X
yard
e. Bulk fuel storage and sales X X
f. Dry cleaning plants X X X
g. Hazardous waste X
management facility
(11) Other
a. Outdoor storage X X X
b. Changing the activity in a X X X X X X X X X X x X
nonconforming building
c. 24 hour businesses or X X X X X X
businesses open between
the hours of 2:00 a.m.and
6:00 a.m.
(Ord. No. 1316,§5.20.205,6-7-76;Ord.No. 1363,8-1-77;Ord.No.1367,9-19-77;Ord.No.1369, 10-3-77;Ord. No.
1375, 11-21-77;Ord. No.1405,9-5-78;Ord. No.1417,2-20-79;Ord. No. 1476,9-15-80;Ord.No.1483, 12-2-80;
Created: 2025-06-09 15:45:24 [EST]
(Supp. No.97)
Page 4 of 5
Ord.No. 1493,3-17-81;Ord.No. 1506,7-6-81;Ord. No. 1531,4-20-82;Ord.No.1546,8-16-82;Ord. No. 1555, 10-
25-82;Ord. No.1571,3-7-83;Ord. No.1596,10-24-83;Ord. No.1654,4-22-85;Ord. No. 1667, 12-2-85;Ord. No.
1701, 12-15-86;Ord.No.1724,5-18-87;Ord. No.1725,6-1-87;Ord. No.1729,6-15-87;Ord. No.1732,7-20-87;
Ord. No. 1737,§V,11-2-87;Ord.No. 1746,3-21-88;Ord.No.1835,§III,7-16-90;Ord. No.1842,§II,4-1-91;Ord.
No. 1896,§I,4-6-92;Ord. No.1961, §I, 11-15-93;Ord. No. 1993,§I, 1-3-95;Ord. No.2006,§HA, 11-6-95;Ord. No.
2011,§I,3-4-96;Ord. No.2107,§II, 11-4-02;Ord. No.2115,§III,9-15-03;Ord. No.2131,§I,5-3-04;Ord. No.
2132, §II,5-17-04;Ord. No.2149, §I,5-1-06;Ord. No.2220,§I(Exh.A),10-7-13;Ord. No.2222,§I(Exh.A), 10-21-
13;Ord.No.2233,§I(Exh.A),8-5-14;Ord. No.2273,§I,5-1-18;Ord. No.2280,§I,3-19-19;Ord. No.2304,§II,2-
18-20;Ord. No.2306,§I,4-21-20;Ord. No.2310,§I,8-4-20;Ord. No.2342,§§X,XI,8-1-23)
Created: 2025-06-09 15:45:24 [EST]
(Supp.No.97)
Page 5 of 5
-CODE
Chapter 29-ZONING REGULATIONS
ARTICLE I.-IN GENERAL
DIVISION 2.TREE PROTECTION
DIVISION 2. TREE PROTECTION1
Sec. 29.10.0950. Intent.
This division is adopted because the Town of Los Gatos is forested by many native and non-native trees and
contains individual trees of great beauty.The community of the Town benefit from preserving the scenic beauty of
the Town,preventing erosion of topsoil,providing protection against flood hazards and risk of landslides,
counteracting pollutants in the air,maintaining climatic balance,and decreasing wind velocities. It is the intent of
this division to regulate the removal of trees within the Town in order to retain as many trees as possible
consistent with the purpose of this section and the reasonable use of private property.While trees provide
multiple benefits,it is also the intent of this division to acknowledge that a portion of the Town is located in a Very
High Fire Hazard Severity Zone,as defined by the California Department of Forestry and Fire Protection(CAL FIRE)
and the associated wildfire threat that exists for the community. It is the intent of this division to preserve as many
protected trees as possible throughout the Town through staff review and the development review process.
Special provisions regarding hillsides are included in section 29.10.0987 of this division in recognition of the unique
biological and environmental differences between the hillside and non-hillside areas of the Town.This section does
not supersede the provisions of Chapter 26 of this Code.
(Ord. No.2240,§I(Exh. B),6-2-15;Ord.No.2303,§II,2-4-20)
Sec. 29.10.0955. Definitions.
The following words,terms and phrases,when used in this division,shall have the meanings ascribed to
them in this section:
Building envelope means the area of a parcel(1)upon which,under applicable zoning regulations,a structure
may be built outside of required setbacks without a variance or;(2)that is necessary for the construction of
primary access to structures located on the parcel,where there exists no feasible means of access which would
avoid protected trees.On single-family residential parcels,the portion of the parcel deemed to be the building
envelope access shall not exceed ten(10)feet in width.
Certified or consulting arborist means an individual in the profession of arboriculture who,through
experience,education,and related training,possesses the competence to provide a tree report,tree survey or
supervise the care and maintenance of trees;and who is certified by the International Society of Arboriculture,a
member of the American Society of Consulting Arborists or approved by the director.
Damage means any action undertaken intentionally or negligently which causes short-term or long-term
injury,death,or disfigurement to a tree.This includes but is not limited to mechanical injury,cutting of roots or
limbs,poisoning,over-watering,relocation or transplanting a tree,or trenching,grading,compaction,excavating,
paving,or installing impervious surface within the root zone of a protected tree.
'Ord. No.2240,§I(Exh. B),adopted June 2,2015,amended Div.2 to read as herein set out.Former Div.2,§§
29.10.0950-29.10.1045, pertained to similar subject matter,and derived from Ord. No.2114,§§I, II,
adopted Aug.4,2003.
Los Gatos,California,Code of Ordinances Created: 2025-06-09 15:45:21 [EST]
(Supp.No.97)
Page 1 of 20
ATTACHMENT D
Dead tree means a tree that cannot be restored to good health and has at least one(1)of the following
characteristics:
(1) Is completely devoid of life;
(2) Has no leaves at a time when it should;
(3) Exhibits no buds if dormant;
(4) Is incapable of translocating food and water between leaves and roots;or
(5) Has a high likelihood of imminent death in the opinion of the Town Arborist.
Destroy means to cause the premature decline of tree health or life as evaluated and determined by the
Town Arborist.
Defensible Space means an area around the perimeter of a structure in which vegetation,debris,and other
types of combustible fuels are treated,cleared,or reduced to slow the rate and intensity of potentially
approaching wildfire or fire escaping from structures.
Development means any work upon any property in the Town which requires a subdivision,rezoning,
planning permit,variance,use permit, building permit,demolition permit,grading permit or other Town approval
or which involves survey work,story pole placement,excavation,landscaping,construction,etc.,or clearing and
grubbing within the dripline or any area that would affect a protected tree.
Diameter means measurement of the trunk diameter for the purpose of applying this section shall be made
four and one-half(4.5)feet(fifty-four(54)inches)above natural grade. Measurement of multi-trunked trees shall
be determined by the sum of all trunk diameters measured at four and one-half(4.5)feet(fifty-four(54)inches)
above natural grade.
Director means the Director of Community Development or the Director's designated representative.
Dripline area means the area around the trunk of the tree extending out a distance ten(10)times the
diameter of the trunk,or the perimeter of the tree canopy,whichever is greater.
Heritage tree means a tree or grouping of trees specifically designated by action of the Town Council,upon
the recommendation of the Historic Preservation Commission,that possess exceptional aesthetic,biological,
cultural,or historic value and is expected to have a continuing contribution to the community,
Hillside means all properties located within the area defined by the hillside area map as contained in the
Town of Los Gatos Hillside Development Standards and Guidelines.
Large protected tree means any oak(Quercus),California buckeye(Aesculus californica),or Pacific madrone
(Arbutus menziesii)which has a 24-inch or greater diameter(75-inch circumference);or any other species of tree
with a 48-inch or greater diameter(150-inch circumference).
Mechanical injury means injury done to a tree either intentionally or negligently that leads to deviation from
normal growth or physical damage or death to the tree.Common causes of mechanical injury are landscape
maintenance equipment,staking damage,vehicles,or vandalism.
Multi-trunk tree means a tree that has more than one(1)major supporting stem or trunk growing from a
single root mass located at ground level or just above the trunk flare.
Native means any tree that is found in the immediate natural habitat. For instance,redwood trees are native
to the Santa Cruz Mountains but they are not native to the oak woodlands and chaparral areas of Los Gatos.
Pollarding means a pruning technique where the ends of the branches of a tree are terminated with a
heading cut to a predetermined length,and then resultant epicormic shoots that emerge from just below the
heading cut are cut back on an annual basis,forming an enlarging"knob"or knuckle"at the end of the remaining
branches over time. Pollarding should be done on small branches no more than two(2)inches in diameter and is
Created: 2025-06-09 15:45:20 [EST]
(Supp.No.97)
Page 2 of 20
only allowed without a permit on fruitless mulberry trees(Morus alba)or other species approved by the Town
Arborist.
Protected tree means a tree regulated by the Town of Los Gatos as set forth in Section.29.10.0960,Scope of
protected trees.
Pruning means the selective removal of plant parts to meet specific goals and objectives,including but not
limited to:safety and risk reduction;clearance;health maintenance;aesthetic improvement;growth control;and
to enhance performance or function by developing and preserving tree structure and health.All pruning shall be in
accordance with the current version of the International Society of Arboriculture Best Management Practices-Tree
Pruning and ANSI A300-Part 1 Tree,Shrub and Other Woody Plant Management-Standard Practices,(Pruning).
Public nuisance, means any tree,shrub, plant or part thereof growing in,or overhanging,a public street or
right-of-way,interfering with the use of any public street or public place in the Town,or tree which,in the opinion
of the Director,endangers the life,health,safety,comfort or property of any persons using such public street,or in
such public place,because of the tree's or shrub's location,condition of its limbs,roots or trunk,or because of its
diseased condition,is hereby declared to be a public nuisance.
Public place means any road or street,or public school,or place of public assemblage,or real property,
building,or other space or area which is open to public access,and which is under public control,or maintained at
public expense,or which the Town or the County of Santa Clara,or the State of California,or the United States,as
the case may be,owns some or all interest or which it leases.
Public street means all or any portion of territory within the Town set apart and designated for the use of the
public as a thoroughfare for travel,including the sidewalks,curb and gutter.
Remove means any of the following:(1)Complete removal,such as cutting to the ground or extraction,of a
protected tree or one(1)of its multi-trunks;(2)Taking any action foreseeably leading to the death of a tree or
permanent damage to its health; including but not limited to severe pruning,cutting,girdling,poisoning,
overwatering, unauthorized relocation or transplanting of a tree,or trenching,excavating,altering the grade,or
paving within the dripline area of a tree.
Severe pruning means topping or removal of foliage or significant scaffold limbs or large diameter branches
so as to cause permanent damage and/or disfigurement of a tree,and/or which does not meet specific pruning
goals and objectives as set forth in the current version of the International Society of Arboriculture Best
Management Practices-Tree Pruning and ANSI A300-Part 1 Tree,Shrub and Other Woody Plant Management-
Standard Practices,(Pruning).Severe Pruning shall also include pruning as described in section 29.10.1010(3)of
this chapter.
Shrub means a bushy,woody plant,usually with several permanent stems,and usually not over fifteen(15)
feet high at maturity.
Significant impact on a property from a tree means an unreasonable interference with the normal and
intended use of the property.In determining whether there is a significant impact,the typical longevity of the
subject tree species,the size of the tree relative to the property,and whether the condition can be corrected shall
be considered. Normal maintenance,including but not limited to pruning not requiring a permit under this
division,and leaf removal and minor damage to paving or fences shall not be considered when making a
determination of significant impact.
Street tree means a tree in a public place,or along or within a public street or right-of-way.
Topping means the practice of cutting back large diameter branches of a tree,including but not limited to
cutting of a central leader,to some predetermined lower height to reduce the overall height of the tree,where the
remaining buds,stubs or lateral branches are not large enough to assume a terminal role.
Tree means a woody perennial plant characterized by having a main stem or trunk,or a multi stemmed trunk
system with a more or less definitely formed crown,and is usually over ten(10)feet high at maturity.
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Tree canopy replacement standard means a replacement tree formula to mitigate removal of a protected
tree.The standard is based on measuring the widest distance across the canopy of a tree for the purpose of
determining the mitigating size and number of replacement trees.
Tree protection zone(TPZ)means the area of a temporary fenced tree enclosure under the tree's dripline or
as specified in a report prepared by a certified or consulting arborist.The TPZ is a restricted activity zone before
and after construction where no soil disturbance is permitted unless approved and supervised by the certified or
consulting arborist.
Tree Risk Rating means a categorization of risk based on an assessment of the likelihood of failure and
impact and the consequences such failure and impact would have on life,property,utilities,or essential
transportation systems. For purposes of this division,Tree Risk Rating shall be the rating of tree risk as provided for
in the International Society of Arboriculture(ISA)Tree Risk Assessment Best Management Practices Tree Risk
Rating Matrix,which categorizes risk as Extreme, High, Moderate or Low.
Tree value standard means the method of appraising a tree's value to a property using the Trunk Formula
Method or Replacement Cost Method as described in the most recent edition of the Guide for Plant Appraisal
published by the Council of Tree and Landscape Appraisers(CTLA)and the Species Classification and Group
Assignment by the Western Chapter of the International Society of Arboriculture(ISA).
Trunk means the primary structural woody part of the tree beginning at and including the trunk flare and
extending up into the crown from which scaffold branches grow.
Trunk flare means the area at the base of the plant's trunk where it broadens to form roots and is the
transition area between the root system and the trunk.
(Ord. No.2240, §I(Exh. B),6-2-15;Ord. No.2303,§II,2-4-20;Ord. No.2331,§1,5-3-22)
Sec. 29.10.0960.Scope of protected trees.
This division shall apply to every property owner and to every person,corporation,partnership,sole
proprietorship or other entity responsible for removing, maintaining or protecting a tree.The trees protected by
this division are:
(1) All trees which have a twelve-inch or greater diameter(thirty-seven and one-half-inch circumference)
of any trunk or in the case of multi-trunk trees,a total of eighteen inches or greater diameter(fifty-six
and one-half-inch circumference)of the sum of all trunks,where such trees are located on developed
residential property.
(2) All trees which have an eight-inch or greater diameter(twenty-five-inch circumference)of any trunk or
in the case of multi-trunk trees,a total of eight inches or greater diameter(twenty-five-inch
circumference)of the sum of all trunks,where such trees are located on developed Hillside residential
property.
(3) All trees of the following species which have an eight-inch or greater diameter(twenty-five-inch
circumference)located on developed residential property:
a. Blue Oak(Quercus douglasii);
b. Black Oak(Quercus kellogii);
c. California Buckeye(Aesculus californica);
d. Pacific Madrone(Arbutus menziesii).
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(4) 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.
(5) Any tree that existed at the time of a zoning approval or subdivision approval and was a specific subject
of such approval or otherwise covered by subsection(6)of this section(e.g.,landscape or site plans).
(6) Any tree that was required by the Town to be planted or retained by the terms and conditions of a
development application, building permit or subdivision approval in all zoning districts,tree removal
permit or code enforcement action.
(7) All trees,which have a four-inch or greater diameter(twelve and one half-inch circumference)of any
trunk and are located on property other than developed residential property.
(8) All publicly owned trees growing on Town lands,public places or in a public right-of-way easement,
which have a four-inch or greater diameter(twelve and one-half-inch circumference)of any trunk.
(9) A protected tree shall also include a stand of trees,the nature of which makes each dependent upon
the other for the survival of the stand.
(10) The following trees shall also be considered protected trees and shall be subject to the pruning permit
requirements set forth in section 29.10.0982 and the public noticing procedures set forth in section
20.10.0994:
a. Heritage trees;
b. Large protected trees.
(Ord.No.2240,§I(Exh. B),6-2-15)
Sec. 29.10.0965. Prohibitions.
Except as provided in section 29.10.0970,it shall be unlawful:
(1) To remove or cause to be removed any protected tree in the Town without first obtaining a permit
pursuant to this chapter.
(2) To prune,trim,cut off,or perform any work,on a single occasion or cumulatively,over a three-year
period,affecting twenty-five(25)percent or more of any protected tree without first obtaining a
permit pursuant to this chapter.
(3) To prune,trim,or cut any branch or root greater than four(4)inches in diameter(twelve and one-half
(12.5)inches in circumference)of a Heritage tree or large protected tree without first obtaining a
permit pursuant to this chapter.
(4) To conduct severe pruning as defined in section 29.10.0955 without first obtaining a permit pursuant
to this chapter.
(5) For any person or business entity engaged in the business of removing trees or tree care to perform
work requiring a permit under this division without first obtaining a permit under this division.The
permit shall be posted on-site at all times during the removal or permitted pruning of a tree and must
be made available upon request from the Chief of Police,Code Compliance Officer,Director of Parks
and Public Works Department,or their designee.After a second violation,the Los Gatos business
license of the violating person or entity shall be suspended for a period of one(1)year.
(Ord.No.2240,§I(Exh. B),6-2-15;Ord. No.2331,§1,5-3-22)
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Sec. 29.10.0970. Exceptions.
The following trees are excepted from the provisions of this division and may be removed or severely pruned
without Town approval or issuance of a tree removal permit:
(1) A fruit or nut tree that is less than eighteen(18)inches in diameter(fifty-seven-inch circumference).
(2) Any of the following trees that are less than twenty-four(24)inches in diameter(seventy-five(75)
inches in circumference):
a. Black Acacia(Acacia melanoxylon)
b. Tulip Tree(Liriodendron tulipifera)
c. Tree of Heaven(Ailanthus altissima)
d. Blue Gum Eucalyptus(E.globulus)
e. Red Gum Eucalyptus(E.camaldulensis)
f Other Eucalyptus(E.spp.)-Hillsides only
g. Palm(except Phoenix canariensis)
h. Privet(Ligustrum lucidum)
(3) Any removal or maintenance of a tree to conform with the implementation and maintenance of
Defensible Space per Chapter 9-Fire Prevention and Protection with the exception of any tree listed in
subcategories(3)and(10)of Section 29.10.0960-Scope of Protected Trees.
(Ord.No.2240,§I(Exh.B),6-2-15;Ord. No.2303,§II,2-4-20)
Sec. 29.10.0975. Emergency action.
A protected tree may be removed or severely pruned without a permit where it presents an imminent
danger to life,property, utilities or essential transportation systems and a Tree Risk Rating of Extreme or High is
present. In such event,the property owner or representative shall be responsible for the following:
(1) Notify the Town Parks and Public Works Department during business hours or the Police Department
after business hours and request authorization of the proposed emergency action, including removal or
severe pruning.
(2) Emergency action may be authorized by the Director,Town Manager, Parks and Public Works Director,
Town Arborist or their designees,or a member of the police or fire department or other emergency
personnel when the situation and conditions warrant immediate action to protect life or property and
other Town officials are unavailable.
(3) No later than seventy-two(72)hours after the emergency action has been taken the property owner
shall submit photo documentation and written verification to the Town confirming the emergency
condition and describing the action taken.
If the Director determines that the condition was not reasonably determined to have been an emergency
requiring immediate action,the person responsible for removing or damaging the protected tree shall be subject
to fines and penalties as set forth in section 29.10.1025.
(Ord.No.2240,§I(Exh. B),6-2-15)
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Sec. 29.10.0980.Applications for a tree removal or severe pruning permit.
Applications for a protected tree removal or severe pruning permit for trees on private property shall be
available from and filed with the Town as indicated on the application.Application submittals for the removal of
trees on public property(street trees)are provided for in section 26.10.060 of the Town Code.Applications for
tree removal or severe pruning on private property may be granted,denied or granted with conditions.Application
submittals for removal or severe pruning of trees on private property shall include the following minimum
information for staff review:
(1) A completed tree removal application form,signed by the property owner.
(2) A written explanation of why each tree(s)should be removed or pruned and how it meets the Town's
Standards of Review.
(3) Photograph(s)of the tree(s).
(4) If required by the Director,a certified or consulting arborist's written assessment of the tree's
disposition shall be provided for review by the Town.The report shall be signed by the arborist and
include tree size(diameter,height,crown spread);location on the site; numbered on a site plan or
arborists tree survey(if there is more than one(1)tree);condition of health;condition of structure;
and if tree risk findings apply,a Tree Risk Assessment and Rating must be completed using the most
recent version of the Tree Risk Assessment Best Management Practices or any successor document
published by the International Society of Arboriculture.Other information,images,etc. may be
included in the report.
(5) If structural damage to a building,major landscape feature,or appurtenance, including utilities is the
basis for the request,a report from a licensed architect or engineer may also be required in addition to
an arborist report.This additional report shall describe what modifications to buildings,structures,
improvements or utilities would be required to mitigate the damage(s)directly caused by the tree.
(6) Payment of permit fee,as established by Town resolution.
(Ord. No.2240,§I(Exh. B),6-2-15)
Sec. 29.10.0982.Applications for heritage and large protected tree pruning permit.
A pruning permit is required where pruning of branches or roots greater than four(4)inches in diameter is
proposed for any Heritage tree or large protected tree.Applications shall be available from and filed with the
Town.Applications for pruning may be granted,denied or granted with conditions.Application submittals under
this section shall include the following minimum information for staff review:
(1) A completed pruning permit application,signed by the property owner.
(2) A written description of the proposed pruning including the pruning objectives and pruning methods to
be used consistent with International Society of Arboriculture Best Management Practices-Tree
Pruning and ANSI A300-Part 1 Tree,Shrub and Other Woody Plant Management-Standard Practices,
(Pruning).
(3) Photographs of the tree indicating as best possible where pruning is to occur.
(4) If required by the Director,a certified or consulting arborist's written report describing the proposed
pruning.
(5) If structural damage to a building,major landscape feature,or appurtenance,including utilities is the
basis for the request,a report from a licensed architect or engineer may be required in addition to an
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arborist report.This additional report shall describe what modifications to buildings,structures,
improvements or utilities would be required to mitigate the damages directly caused by the tree.
(6) Payment of permit fee,as established by Town resolution.
(Ord. No.2240,§I(Exh. B),6-2-15)
Sec. 29.10.0985. Determination and conditions of permit.
The Director shall determine whether to grant a permit.The Director may consult with other Town
departments or outside agencies at his/her discretion.When a development application for any zoning approval,
or subdivision of land, including lot line adjustment,is under consideration by the Planning Commission,the
determination on the tree removal permit shall be made concurrently by the Planning Commission with the
related matter.The Director or the deciding body may mpose,except when removal is permitted if the tree is dead
or a Tree Risk Rating of Extreme or High is present,as a condition on which a protected tree removal permit is
granted that two(2)or more replacement trees of a species and a size designated by the Director or designee,
shall be planted in the following order of preference:
(1) Two(2)or more replacement trees,of a species and size designated by the Director,shall be planted
on the subject private property.Table 3-1,Tree Canopy-Replacement Standard shall be used as a basis
for this requirement.The person requesting the permit shall pay the cost of purchasing and planting
the replacement trees.
(2) If a tree or trees cannot be reasonably planted on the subject property,an in-lieu payment in an
amount set forth by the Town Council by resolution shall be paid to the Town Tree Replacement Fund
to:
a. Add or replace trees on public property in the vicinity of the subject property;or
b. Add or replace trees or landscaping on other Town property;or
c. Support the Town's urban forestry management program.
Table 3-1—Tree Canopy—Replacement Standard
Canopy Size of Removed Tree' Replacement Single Family Residential
Requirement2.4 Replacement Option3.4
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 Four 15-gallon trees
Two 36-inch box trees
More than 40 feet to 55 feet Six 24-inch box trees;or Not Available
Three 36-inch box trees
Greater than 55 feet Ten 24-inch box trees;or Not Available
Five 36-inch box trees
Notes
' To measure an asymmetrical canopy of a tree,the widest measurement shall be used to determine canopy
size.
2 Often,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.
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3 Single Family Residential Replacement Option is available for developed single family residential lots under
n thousand(10,000)square feet that are not subject to the Town's Hillside Development Standards and
Guidelines.All fifteen-gallon trees must be planted on-site.Any in-lieu fees for single family residential
shall be based on twenty-four-inch box tree rates as adopted by Town Council.
4 Replacement 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 but is required for Hillside properties,as per section 29.10.0987,Special Provisions
Hillsides,with tree species per Hillside Development Standards and Guidelines Appendix A.
(Ord. No.2240, §I(Exh. B),6-2-15;Ord.No.2331,§1,5-3-22)
Sec. 29.10.0987.Special provisions-hillsides
The Town of Los Gatos recognizes its hillsides as an important natural resource and sensitive habitat which is
also a key component of the Town's identity,character and charm. In order to maintain and encourage restoration
of the hillside environment to its natural state,the Town has established the following special provisions for tree
removal and replacement in the hillsides:
(1) All protected trees located thirty(30)or more feet from the primary residence that are removed shall
be replaced with native trees listed in Appendix A Recommended Native Trees for Hillside Areas of the
Town of Los Gatos Hillside Development Standards and Guidelines(HDS&G).
(2) All protected trees located within thirty(30)feet of the primary residence that are removed shall be
replaced as follows:
(a) If the removed tree is a native tree listed in Appendix A of the HDS&G,it shall only be replaced
with a native tree listed in Appendix A of the HDS&G.
(b) If the removed tree is not listed in Appendix A,it may be replaced with a tree listed in Appendix
A,or replaced with another species of tree as approved by the Director.
(c) Replacement trees listed in Appendix A may be planted anywhere on the property.
(d) Replacement trees not listed in Appendix A may only be planted within thirty(30)feet of the
primary residence.
(3) Replacement requirements shall comply with the requirements in Table 3-1,Tree Canopy—
Replacement Standard of this Code.
(4) Property owners should be encouraged to retain dead or declining trees where they do not pose a
safety or fire hazard, in order to foster wildlife habitat and the natural renewal of the hillside
environment.
(Ord. No.2240,§I(Exh. B),6-2-15)
Sec. 29.10.0990.Standards of review.
The Director or deciding body shall review each application for a tree removal permit required by this
division using the following standards of review.The standards of review are intended to serve as criteria for
evaluating tree removal requests and the basis upon which the Director or the deciding body will subsequently
determine whether or not one(1)or more of the Required Findings listed in section 29.10.0992 can be made.
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(1) The condition of the tree or trees with respect to:(a)disease,(b)imminent danger of falling, (c)
structural failure,(d)proximity to existing or proposed structures,(e)structural damage to a building,
or(f)a public nuisance caused by a tree.The International Society of Arboriculture(ISA)Best
Management Practices for Tree Risk Assessment shall be used where appropriate in determining a Tree
Risk Rating.
(2) The condition of the tree giving rise to the permit application cannot be reduced to a less than
significant level by the reasonable application of preservation, preventative measures or routine
maintenance.
(3) The removal of the tree(s)will not result in a density of trees or tree cover that is inconsistent with the
neighborhood.
(4) The number of trees the particular parcel can adequately support according to good urban forestry
practices,or whether a protected tree is a detriment to or crowding another protected tree.
(5) In connection with a proposed subdivision of land into two(2)or more parcels,the removal of a
protected tree is unavoidable due to restricted access to the property or deemed necessary to repair a
geologic hazard(landslide,repairs,etc.).
(6) Except for properties located within the hillsides,the retention of a protected tree would result in
reduction of the otherwise-permissible building envelope by more than twenty-five(25)percent.
(7) The Hillside Development Standards and Guidelines.
(8) Removal of the protected tree(s)will not result in a substantial adverse change in the site's aesthetic
and biological significance;the topography of the land and the effect of the removal of the tree on
erosion,soil retention,or diversion or increased flow of surface waters.
(9) Whether the Protected Tree has a significant impact on the property.Significant impact from a tree is
defined in section 29.10.0955. Definitions.
(10) The species,size(diameter,canopy,height),estimated age and location on the property of the
protected tree.
(Ord.No.2240,§I(Exh.B),6-2-15)
Sec. 29.10.0992. Required findings.
The Director, Director's designee,or deciding body shall approve a protected tree removal permit,severe
pruning permit,or pruning permit for Heritage trees or large protected trees only after making at least one(1)of
the following findings:
(1) The tree is dead,severely diseased,decayed or disfigured to such an extent that the tree is unable to
recover or return to a healthy and structurally sound condition.
(2) The tree has a tree risk rating of Extreme or High on the ISA Tree Risk Rating Matrix as set forth in the
ISA Tree Risk Assessment Best Management Practices,or successor publication.
(3) The tree is crowding other protected trees to the extent that removal or severe pruning is necessary to
ensure the long-term viability of adjacent and more significant trees.
(4) The retention of the tree restricts the economic enjoyment of the property or creates an unusual
hardship for the property owner by severely limiting the use of the property in a manner not typically
experienced by owners of similarly situated properties,and the applicant has demonstrated to the
satisfaction of the Director or deciding body that there are no reasonable alternatives to preserve the
tree.
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(5) The tree has,or will imminently,interfere with utility services where such interference cannot be
controlled or remedied through reasonable modification,relocation or repair of the utility service or
the pruning of the root or branch structure of the tree;or where removal or pruning is required by a
public utility to comply with California Public Utility Commission(CPUC)or Federal Energy Regulatory
Commission(FERC)rules or regulations.
(6) The tree has caused or may imminently cause significant damage to an existing structure that cannot
be controlled or remedied through reasonable modification of the root or branch structure of the tree.
(7) Except for properties within the hillsides,the retention of the protected tree would result in reduction
of the otherwise-permissible building envelope by more than twenty-five(25)percent.
(8) The removal of the tree is unavoidable due to restricted access to the property.
(9) The removal of the tree is necessary to repair a geologic hazard.
(10) The removal of the tree and replacement with a more appropriate tree species will enhance the Town's
urban forest.
(11) The removal of the tree is necessary to conform with the implementation and maintenance of
Defensible Space per Chapter 9-Fire Prevention and Protection per direction by the Fire Chief or
his/her designee.
(Ord.No.2240,§I(Exh.B),6-2-15;Ord. No.2303,§II,2-4-20)
Sec. 29.10.0994.Additional procedures for heritage and large protected tree removal or
pruning permits.
(1) These procedures are established for the review of Heritage tree and large protected tree removal or
pruning permit applications where a permit is requested for a tree that is not dead,severely disfigured,
profoundly diseased,or an Extreme or High Risk on the ISA Tree Risk Rating Matrix,and where findings(1)or
(2)above cannot be made.
(2) In addition to the fee and application materials required by section 29.10.0980 or section 29.10.0982,the
applicant will be required to submit one(1)set of stamped,addressed envelopes for neighboring residents
and property owners.The Planning Department will assist the applicant in determining the properties to be
notified(all properties abutting the applicant's parcel, properties directly across the street and the two(2)
parcels on each side of it).
(3) The Director shall review the application using the Standards of Review set forth in section 29.10.0990 and
the Required Findings set forth in section 29.10.0992.
(4) If the Director intends to approve the application,a"Notice of Pending Issuance of Tree Removal or Pruning
Permit"will be mailed to neighboring residents and property owners including any applicable conditions,and
required tree replacement requirements.The notice will describe the proposed tree removal or pruning,and
that the permit will be issued unless there is an objection.Any interested party shall have ten(10)days from
the date of the"Notice of Pending Issuance of Tree Removal or Pruning Permit"to notify the Director in
writing of any concerns or problems.
(5) If a written objection is not filed within the ten-day period,the permit will be issued. If a written objection is
filed and a resolution is found that meets all parties'concerns then the permit will also be issued.
(6) If an objection is filed in a timely manner and a mutually acceptable resolution cannot be agreed upon with
the Director within ten(10)days,the objecting party shall be so advised and shall be provided an additional
five(5)days to file a formal appeal of the tree removal or pruning permit with the Town,which shall be
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scheduled for consideration by the Planning Commission.All property owners and residents notified under
section 29.10.0994(4)shall be notified of the Planning Commission meeting.
(7) Trees removed illegally or damaged shall require the issuance of a retroactive tree removal permit.Once this
retroactive permit is issued,and all conditions fulfilled,along with any assessed monetary penalties paid and
replacement requirements completed,then any Stop Work Order shall be removed.
(Ord.No.2240, §I(Exh. B),6-2-15;Ord.No.2331,§1,5-3-22)
Sec. 29.10.0995. Disclosure of information regarding existing trees.
(a) Any application for a discretionary development approval,or for a building,grading or demolition permit
where no discretionary development approval is required,shall be accompanied by a signed tree disclosure
statement by the property owner or authorized agent which discloses whether any protected trees exist on
the property which is the subject of the application,and describing each such tree,its species,size(diameter,
canopy dripline area,height)and location.This requirement shall be met by including the following
information on plans submitted in connection with the development application.
(b) The location of all trees on the site and in the adjacent public right-of-way which are within thirty(30)feet of
the area proposed for development,and trees located on adjacent property with canopies overhanging the
project site,shall be shown on the plans,identified by species,size(diameter,canopy,dripline area, height),
and location.
(c) Within the dripline area or area that would affect a protected tree,the location of shrubs and other
vegetation subject to development shall be shown on the plans.
(d) The director may require submittal of such other information as is necessary to further the purposes of this
division including but not limited to photographs.
(e) Disclosure of information pursuant to this section shall not be required when the development for which the
approval or permit is sought does not involve any change in building footprint nor any grading,trenching or
paving.
(f) Knowingly or negligently providing false or misleading information in response to this disclosure requirement
shall constitute a violation of this division.
(Ord. No.2240, §I(Exh.B),6-2-15)
Sec. 29.10.1000. New property development.
(a) A tree survey shall be conducted prior to submittal of any development application proposing the removal of
or impact to one(1)or more protected trees.The development application shall include a Tree Survey Plan
and Tree Preservation Report based on this survey.The tree survey inventory numbers shall correspond to a
numbered metal tag placed on each tree on site during the tree survey.Tree survey inventory number tags in
place from previous tree surveys,if easily visible,shall be retained and used in any new tree survey report.
The tree survey plan shall be prepared by a certified or consulting arborist,and shall include the following
information:
(1) Location of all existing trees on the property as described in section 29.10.0995;
(2) Identify all trees that could potentially be affected by the project(directly or indirectly-immediately or
in long term),such as upslope grading or compaction outside of the dripline;
(3) Notation of all trees classified as protected trees;
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(4) In addition,for trees four(4)inches in diameter or larger,the plan shall specify the precise location of
the trunk and crown spread,and the species,size(diameter,height,crown spread)and condition of
the tree.
(b) The tree survey plan shall be reviewed by the Town's consulting arborist who shall,after making a field visit
to the property,indicate in writing or as shown on approved plans,which trees are recommended for
preservation(based on a retention rating of high/moderate/low)using,as a minimum,the Standards of
Review set forth in section 29.10.0990.This plan shall be made part of the staff report to the Town reviewing
body upon its consideration of the application for new property development;
(c) When development impacts are within the dripline of or will affect any protected tree,the applicant shall
provide a tree preservation report prepared by a certified or consulting arborist.The report, based on the
findings of the tree survey plan and other relevant information,shall be used to determine the health and
structure of existing trees,the effects of the proposed development and vegetation removal upon the trees,
recommendations for specific precautions necessary for their preservation during all phases of development
(demolition,grading,during construction,landscaping);and shall also indicate which trees are proposed for
removal.The tree preservation report shall stipulate a required tree protection zone(TPZ)for trees to be
retained,including street trees,protected trees and trees whose canopies are hanging over the project site
from adjacent properties.The TPZ shall be fenced as specified in section 29.10.1005:
(1) The final approved tree preservation report shall be included in the building permit set of development
plans and printed on a sheet titled:Tree Preservation Instructions(Sheet T-1).Sheet T-1 shall be
referenced on all relevant sheets(civil,demolition, utility, landscape,irrigation)where tree impacts
from improvements may be shown to occur;
(2) The Town reviewing body through its site and design plan review shall endeavor to protect all trees
recommended for preservation by the Town's consulting arborist.The Town reviewing body may
determine if any of the trees recommended for preservation should be removed,if based upon the
evidence submitted the reviewing body determines that due to special site grading or other unusual
characteristics associated with the property,the preservation of the tree(s)would significantly
preclude feasible development of the property as described in section 29.10.0990;
(3) Approval of final site or landscape plans by the appropriate Town reviewing body shall comply with the
following requirements and conditions of approval:
a. The applicant shall,within ninety(90)days of final approval or prior to issuance of a grading or
building permit,whichever occurs first,secure an appraisal of the condition and value of all trees
included in the tree report affected by the development that are required to remain within the
development using the Tree Value Standard methodology as set forth in this Chapter.The
appraisal of each tree shall recognize the location of the tree in the proposed development.The
appraisal shall be performed in accordance with the current edition of the Guide for Plant
Appraisal published by the Council of Tree and Landscape Appraisers(CTLA)and the Species and
Group Classification Guide published by the Western Chapter of the International Society of
Arboriculture.The appraisal shall be performed at the applicant's expense,and the appraisal shall
be subject to the Director's approval.
b. The site or landscape plans shall indicate which trees are to be removed.However,the plans do
not constitute approval to remove a tree until a separate permit is granted.The property owner
or applicant shall obtain a protected tree removal permit,as outlined in section 29.10.0980,for
each tree to be removed to satisfy the purpose of this division.
(d) Prior to acceptance of proposed development or subdivision improvements,the developer shall submit to
the Director a final tree preservation report prepared by a certified or consulting arborist.This report shall
consider all trees that were to remain within the development.The report shall note the trees'health in
relation to the initially reported condition of the trees and shall note any changes in the trees'numbers or
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physical conditions.The applicant,or their successors,will then be responsible for the removal or loss of any
tree at any time during development that was not previously approved for removal. For protected trees
which were removed,the developer shall pay a penalty in the amount of the appraised value of such tree in
addition to replacement requirements contained in section 29.10.0985 of this Code.The applicant shall
remain responsible for the health and survival of all trees within the development for a period of five(5)
years following acceptance of the public improvements of the development or certificate of occupancy.
(e) Prior to issuance of any demolition,grading or building permit,the applicant or contractor shall submit to the
Building Department a written statement and photographs verifying that the required tree protection fence
is installed around street trees and protected trees in accordance with the tree preservation report.
(f) If required by the Director and conditioned as part of a discretionary approval,a security guarantee shall be
provided to the Town. Prior to the issuance of any permit allowing construction to begin,the applicant shall
post cash,bond or other security satisfactory to the Director,in the penal sum of five thousand dollars
($5,000.00)for each tree required to be preserved,or twenty-five thousand dollars($25,000.00),whichever
is less.The cash, bond or other security shall be retained for a period of one(1)year following acceptance of
the public improvements for the development and shall be forfeited in an amount equal to five thousand
dollars($5,000.00)per tree as a civil penalty in the event that a tree or trees required to be preserved are
removed,destroyed or severely damaged.
(g) An applicant with a proposed development which requires underground utilities shall avoid the installation
of said utilities within the dripline of existing trees whenever possible.In the event that this is unavoidable,
all trenching shall be done using directional boring,air-spade excavation or by hand,taking extreme caution
to avoid damage to the root structure.Work within the dripline of existing trees shall be supervised at all
times by a certified or consulting arborist.
(h) It shall be a violation of this division for any property owner or agent of the owner to fail to comply with any
development approval condition concerning preservation,protection,and maintenance of any protected
tree.
(Ord. No.2240, §I(Exh. B),6-2-15;Ord.No.2331,§1,5-3-22)
Sec. 29.10.1005. Protection of trees during construction.
(a) Protective tree fencing shall specify the following:
(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, Ill 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.
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(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."
(b) 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.
(Ord. No.2240,§I(Exh. B),6-2-15)
Sec. 29.10.1010. Pruning and maintenance.
Tree pruning must not be done in a manner that is detrimental to the tree.Any action undertaken which
intentionally or recklessly causes or tends to cause injury,death,or disfigurement to a tree is considered to be
detrimental.Examples of actions which are detrimental to trees may include excessive cutting,poisoning, burning,
over-watering,relocating,or transplanting a tree.
All tree pruning shall be in accordance with the current version of the International Society of Arboriculture
Best Management Practices-Tree Pruning and ANSI A300-Part 1 Tree,Shrub and Other Woody Plant Management-
Standard Practices,(Pruning)and any special conditions as determined by the Director.For developments,which
require a tree preservation report,a certified or consulting arborist shall be in reasonable charge of all activities
involving protected trees,including pruning,cabling and any other work if specified.
(1) Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the
vicinity of a protected tree shall obtain written permission from the Director before performing any
work,including pruning,which may cause injury to a protected tree(e.g.cable TV/fiber optic trenching,
gas,water,sewer trench,etc.).
(2) Pruning for clearance of utility lines and energized conductors shall be performed in compliance with
the current version of the American National Standards Institute(ANSI)A300(Part 1)-Pruning,Section
5.9 Utility Pruning. Using spikes or gaffs when pruning,except where no other alternative is available,is
prohibited.
(3) No person shall prune,trim,cut off,or perform any work,on a single occasion or cumulatively,over a
three-year period,affecting twenty-five percent or more of the crown of any protected tree without
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first obtaining a permit pursuant to this division except for pollarding of fruitless mulberry trees(Morus
alba)or other species approved by the Town Arborist.Applications for a pruning permit shall include
photographs indicating where pruning is proposed.
(4) No person shall remove any Heritage tree or large protected tree branch or root through pruning or
other method greater than four(4)inches in diameter(twelve and one-half(12.5)inches in
circumference)without first obtaining a permit pursuant to this division.
(Ord. No.2240,§I(Exh.B),6-2-15;Ord. No.2331,§1,5-3-22)
Sec. 29.10.1015. No limitation of authority.
Nothing in this division limits or modifies the existing authority of the Town under Division 29 of Title 29
(Zoning Regulations),Title 26(Public Trees)or the Hillside Development Standards and Guidelines to require trees
and other plants to be identified,retained,protected,and/or planted as conditions of the approval of
development. In the event of conflict between provisions of this division and conditions of any permit or other
approval granted pursuant to Chapter 29 or Chapter 26 of the Town Code or the Hillside Development Standards
and Guidelines.The more protective requirements shall prevail.
(Ord. No.2240,§I(Exh. B),6-2-15)
Sec. 29.10.1020. Responsibility for enforcement.
The Town shall vigorously enforce the provisions of this Chapter.All officers and employees of the Town shall
report violations of this division to the Director of Community Development.Whenever an Enforcement Officer as
defined in section 1.30.015 of the Town Code determines that a violation of this Code has occurred,the
Enforcement Officer shall have the authority to issue an administrative citation pursuant to the provisions of
section 1.30.020 of the Town Code.
Whenever an Enforcement Officer charged with the enforcement of this Code determines that a violation of
that provision has occurred,the Enforcement Officer shall have the authority to issue an administrative citation to
any person responsible for the violation.
(Ord. No.2240,§I(Exh.B),6-2-15;Ord. No.2331,§1,5-3-22)
Sec. 29.10.1025. Enforcement—Remedies for violation.
In addition to all other remedies set forth in this code or otherwise provided by law,the following remedies
shall be available to the Town for violation of this division.While these remedies can be levied against any person,
property owner,firm or corporation who intentionally or negligently violates any of the provisions of this chapter
or any permit issued pursuant to it,or who fails to comply with any condition of any discretionary permit which
relates to protected tree preservation,it is not the Town's intention to pursue such remedies against homeowners
who unintentionally have minor violations of this chapter.These remedies are reserved for those entities who
should have knowledge of such regulations from previous interactions or activity with the Town,such as
information given during a previous or current application,and have nevertheless intentionally violated this
chapter:
(1) Tree removals in absence of or in anticipation of development.
a. If a violation occurs in the absence of or prior to proposed development,then discretionary
applications and/or building permit applications will not be accepted or processed by the Town
until the violation has been remedied to the reasonable satisfaction of the Director.Mitigation
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measures as determined by the Director may be imposed as a condition of any subsequent
application approval or permit for development on the subject property.A mitigation plan shall
include specific measures for the protection of any remaining trees on the property,and shall
provide for the replacement of each hillside tree that was removed or damaged illegally with a
new tree(s)in the same location(s)as those illegally removed or damaged tree(s).In-lieu fees
shall not be an option for this violation.The replacement ratio shall be at a greater ratio than that
required in accordance with the standards set forth in section 29.10.0985 of this division.If the
court or the Director directs a replacement tree or trees to be planted as part of the remedy for
the violation,the trees shall be permanently maintained in a good and healthy condition.The
property owner shall execute a five-year written maintenance agreement with the Town. For
those trees on public property,replacement is to be determined by the Director of Community
Development or by the Director of Parks and Public Works.
b. The second violation of any provisions in this division during the conduct by any person or
business of a tree removal,landscaping,construction,or other business in the Town shall
constitute grounds for a one(1)year suspension of any business license issued to such entity.The
Town shall require the property owner to disclose the name and address of the violating business
as a necessary condition for removal of any Stop Work Order issued by the Town.
(2) Pending development applications.
a. Incomplete applications will not be processed further until the violation has been remedied. If an
application has been deemed complete,it may be denied by the Director or forwarded to the
Planning Commission with a recommendation for denial at the Director's discretion. Mitigation
measures as determined by the director may be imposed as a condition of approval.A mitigation
plan shall include specific measures for the protection of any remaining trees on the property,
and shall provide for the replacement of each hillside tree that was removed or damaged illegally
with a new tree(s)in the same location(s)as those illegally removed tree(s).In-lieu fees shall not
be an option for this violation.The replacement ratio shall be at a greater ratio than that
required in accordance with the standards set forth in section 29.10.0985 of this division.If the
court or the Director directs a replacement tree or trees to be planted as part of the remedy for
the violation,the trees shall be permanently maintained in a good and healthy condition.The
property owner shall execute a five-year written maintenance agreement with the Town. For
those trees on public property,replacement is to be determined by the Director of Community
Development or by the Director of Parks and Public Works.
b. The second violation of any provisions in this division during the conduct by any person or
company of a tree removal, landscaping,construction,or other business in the Town shall
constitute grounds for a one(1)year suspension of any business license issued to such entity.The
Town shall require the property owner to disclose the name and address of the violating business
as a necessary condition for removal of any Stop Work Order issued by the Town.
(3) Projects under construction.
a. If a violation occurs during construction,the Town may issue a stop work order suspending and
prohibiting further activity on the property pursuant to the grading,demolition,and/or building
permits)(including construction, inspection,and issuance of certificates of occupancy) until a
mitigation plan has been filed with and approved by the Director,agreed to in writing by the
property owner(s)or the applicant(s)or both,and either implemented or guaranteed by the
posting of adequate security in the discretion of the Director.A mitigation plan shall include
specific measures for the protection of any remaining trees on the property,and shall provide for
the replacement of each hillside tree that was removed illegally with a new tree(s)in the same
location(s)as those illegally removed tree(s). In-lieu fees shall not be an option for this violation.
The replacement ratio shall be at a greater ratio than that required in accordance with the
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standards set forth in section 29.10.0985 of this division.If the court or the Director directs a
replacement tree or trees to be planted as part of the remedy for the violation,the trees shall be
permanently maintained in a good and healthy condition.The property owner shall execute a
five-year written maintenance agreement with the Town. For those trees on public property,
replacement is to be determined by the Director of Community Development or by the Director
of Parks and Public Works.
b. The second violation of any provisions in this division during the conduct by any person or
company of a tree removal, landscaping,construction,or other business in the Town shall
constitute grounds for a one(1)year suspension of any business license issued to such entity.The
Town shall require the property owner to disclose the name and address of the violating business
as a necessary condition for removal of any Stop Work Order issued by the Town
(4) Criminal penalties. Notwithstanding section 29.20.950 relating to criminal penalty,any person who
violates any provision of this chapter and is convicted of a misdemeanor shall be punished by a fine of
not more than one thousand dollars($1,000.00)or by imprisonment of not more than six(6)months or
by both such fine and imprisonment. Each person convicted may be deemed guilty of a separate
offense for every day and for every violation,as defined in Sec.29.10.1031,during any portion of which
any violation is committed.
(5) Civil penalties. Notwithstanding section 29.20.950 and Section(4)above,relating to criminal penalty,
any person,property owner,firm,or corporation who intentionally or negligently violates any of the
provisions of this chapter or any permit issued pursuant to it,or who fails to comply with any condition
of any discretionary permit which relates to protected tree preservation,shall be liable to pay the
Town a civil penalty as prescribed in subsections a.through d.
a. As part of any administrative and/or civil action brought by the Town,a hearing officer and/or
court may assess against any person who commits,allows,or maintains a violation of any
provision of this division an administrative and/or civil penalty in an amount not to exceed five
thousand dollars($5,000.00)per violation. For damaged trees,in addition to civil penalties,the
property owner will be required to obtain the services of an ISA certified arborist to determine
the future viability of the tree and if salvageable,create a maintenance plan to restore the tree.
b. Where the violation has resulted in removal of a protected tree,the civil penalty shall be in an
amount not to exceed five thousand dollars($5,000.00)per tree unlawfully removed,or the
replacement value of each such tree,whichever amount is higher. If the tree removal is related
to any development or subdivision then the civil penalties shall be the value of the tree times
four,plus all related staff costs.Such amount shall be payable to the Town and deposited into
the Tree Replacement Fund. Replacement value for the purposes of this section shall be
determined utilizing the most recent edition of the Guide for Plant Appraisal,as prepared by the
Council of Tree and Landscape Appraisers and the Species and Group Classification Guide
published by the Western Chapter of the International Society of Arboriculture.
c. If the court or the Director directs a replacement tree or trees to be planted as part of the
remedy for the violation,the trees shall be permanently maintained in a good and healthy
condition.The property owner shall execute a five-year written maintenance agreement with the
Town.
d. The cost of enforcing this division,which shall include all costs,staff time,and attorneys'fees.
(6) Injunctive relief.A civil action may be commenced to abate,enjoin,or otherwise compel the cessation
of such violation.
(7) Costs. In any civil action brought pursuant to this division in which the Town prevails,the court shall
award to the Town all costs of investigation and preparation for trial,the costs of trial,reasonable
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expenses including overhead and administrative costs incurred in prosecuting the action,and
reasonable attorney fees.
(8) Remedies not exclusive.To the maximum extent permitted by law,administrative remedies specified in
this chapter are in addition to and do not supersede or limit any and all other provided for herein shall
be cumulative and not exclusive.
(Ord.No.2240,§I(Exh.B),6-2-15;Ord.No.2331, §1,5-3-22)
Sec. 29.10.1030. Fees.
The fee,as adopted by Town Resolution,prescribed therefore in the municipal fee schedule shall accompany
the removal or pruning permit application submitted to the Town for review and evaluation pursuant to this
division.
(Ord. No.2240,§I(Exh.B),6-2-15)
Sec. 29.10.1031. Fees schedule for remediation of tree protection ordinance violations.
These monetary fines are in addition to any remediations described elsewhere in this section.Any person,
firm or corporation,whether as principal,agent,employee or otherwise,violating any of the provisions of this
chapter is guilty of a violation of the Town Code.Such person,firm or corporation shall be deemed to be guilty of a
separate offense for each and every day during any portion of which any violation of this chapter is committed,
continued,or permitted by such person and shall be punishable as herein provided.To expand,violating any
portion of this chapter for any tree will count as one(1)violation. For instance,if a tree is excessively trimmed
using illegal spikes,then two(2)violations are committed. If two(2)such violations were committed to two(2)
trees,then that totals to four(4)separate violations.Violations would also include those remediations required by
a Town's Consulting Arborist,to be accrued at the rate of one(1)violation/day for each and every requirement.
Each violation is subject to a fine of five hundred dollars($500.00).For continuing violations,the fee
schedule is five hundred dollars($500.00)for the first day and one thousand dollars($1,000.00)for each
subsequent day.
(Ord. No.2331,§1,5-3-22)
Sec. 29.10.1035. Severability.
If any provision of this division or the application thereof to any person or circumstance is held to be invalid
by a court of competent jurisdiction,such invalidity shall not affect any other provision of this division which can
be given effect without the invalid provision or application,and to this end the provisions of this division are
declared to be severable.
(Ord. No.2240,§I(Exh. B),6-2-15)
Sec. 29.10.1040. Notices.
All notices required under this division shall conform to noticing provisions of the applicable Town Code.
(Ord. No.2240, §I(Exh. B),6-2-15)
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Sec. 29.10.1045.Appeals.
Any interested person,as defined in section 29.10.020 of the Town Code,may appeal a decision of the
director,including the one-year suspension of a business license,pursuant to this division in accordance with the
procedures set forth in section 29.20.260 of the Town Code.All appeals shall comply with the public noticing
provisions of section 29.20.450 of the Town Code.
(Ord.No.2240,§I(Exh.B),6-2-15;Ord.No.2331,§1,5-3-22)
Sec.29.10.1050. No liability upon the town.
Nothing in this chapter shall be deemed to impose any liability upon the Town or upon any of its officers or
employees,nor to relieve the owner or occupant of any private property from the duty to keep in safe condition
any trees and shrubs upon that private property or upon sidewalks and planting areas in front of that property.
(Ord. No.2331, §1,5-3-22)
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I r
RESOLUTION 2002.25
RESOLUTION OF TIN TOWN COUNCIL OF THE TOWN OF LOS GATOS
GOVERNING THE DESIGN REVIEW PROCESS AND CLARIFYING
THE ROLES AND RESPONSIBILITIES OF THE TOWN PLANNING COMMISSION
AND ARCHITECTURAL CONSULTANT
WHEREAS,the Town of Los Gatos Town Council has determined that there is a need to
modify the Town's design review process; and
WHEREAS,a goal of the Town is to streamline the planning process; and
WHEREAS, the use of an architectural consultant will improve customer service while
evolving projects to achieve architectural:excellence; and
WHEREAS,Cannon Design Group(herein referred to as the"architectural consultant")has
been hired to review the architecture for development proposals;
WHEREAS, the architectural consultant is highly qualified to review and critique
architecture and will work with applicants to design projects that are compatible with their site and
surroundings; and
RESOLVED,by the Town Council that the following policies shall govern the architectural
review process:
A. The architectural consultant will review plans and provide guidance to applicants to
ensure plans are in compliance with applicable design standards and guidelines,
specific plans and the General Plan. Reports on projects that are reviewed by the
Planning Commission will include the recommendations of the architectural
consultant and plans that have been revised to incorporate those recommendations.
B. The Planning Commission must make one of the following findings to modify the
consulting architect's recommendations:
ATTACHMENT E
r r
• That the recommendations of the consulting architect were made based on
erroneous information provided by the applicant.
• That the consulting architect made amistake of fact.
That there is compelling evidence,received through public testimony that
there is a privacy or other neighborhood impact to warrant plan modification.
C. The Planning Commission should give courteous regard and respect to the
professional expertise of the consulting architect. Rather than focus.on the design
detail of proposed projects,the Planning Commission should look for trends in the
design of proposed projects that reflect the need for.changes to the design standards.
When changes to design standards are needed, the Planning Commission should
request that staff initiate changes as appropriate and return to the Planning
Commission with revised design standards that address the areas of concern.
D. Whenever possible,the Planning Commission:should develop conditions of approval
to address issues that surface during a public hearing rather than continuing an
application and requiring an applicant to return with revised plans.
2
(
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 4th day
of March,2002,by the following vote.:
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve Glickman,Joe Pirzynski,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF TOWN 01 .•S GATOS
LOS GATO , CALIFORNI
ai... ..zi ATTEST:
.111,
CLERK OF THE TOWN OF LO lir ATOS
LOS GATOS, CALIFORNIA
....._. ..
3
DocuSign Envelope ID:96873599-452C-40F7-A59E-94FFFDA5DDDC
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on July 1, 2022 by and between TOWN OF LOS
GATOS,a California municipal corporation, ("Town") and Larry Cannon, CANNON DESIGN GROUP,
("Consultant"),whose address is 700 Larkspur Landing Circle,Suite 199, Larkspur, CA 94939. This
Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to review architecture and site design for
development applications; revise design standards and guidelines as needed; consult with
and meet with staff,applicants,and decision makers; and attend public meetings as
needed.
1.2 The Consultant represents and affirms that it is willing to perform the desired work
pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience,
and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in the certain services
listed below.
Administrative Duties
When needed by Town, provide architecture and site design review for development
applications and make recommended changes as needed based on the Town's approved
design standards and guidelines. This shall include evaluating plans for development
proposals, reviewing site layout and architectural plans, conducting site visits, and/or
identifying design recommendations and conditions of approval.
a. When needed by Town, conduct site design review and review and critique the
architecture for development applications, including additions, remodels, and new
buildings.
b. When needed by Town, conduct field investigations and develop recommendations
for compliance with applicable design standards and guidelines,specific plans, and
the General Plan,and prepare reports summarizing findings and recommendations
(typically with a 10 to 15 day turnaround).
Larry Cannon,CANNON DESIGN GROUP Agreement for Consultant Services Page 1 of 8
ATTACHMENT F
DocuSign Envelope ID:96873599-452C-40F7-A59E-94FFFDA5DDDC
c. When needed by Town,consult with staff and/or applicants to discuss
recommendations or project specific issues.
d. When needed by Town, conduct special studies or projects including but not
limited to: updating the Town's design standards and guidelines;and preparation
of a checklist for content of architectural plans for application packets.
e. When needed by Town,attend meetings with Town staff, public officials,
community leaders,developers, contractors,and the general public.
f. When needed by Town,advise,support,and assist Town departments,
committees, commissions,and Town Council. In addition,act as a liaison between
Town and federal,state, and regional agencies.
g. When needed by Town,attend Town Council, Planning Commission,and special
study session meetings when:project applications with architectural or design
issues are being considered;and architectural review processes or a design related
document is being discussed.
h. As requested by Town, provide copies of draft and final draft work products of
reports and studies prepared for Town. Consultant shall provide electronic file
copies of these documents as needed.
Other Miscellaneous Services
The Town may occasionally have the need for other services not specifically listed in this
document that the Consultant has the necessary experience and capabilities to provide.
Town may authorize Consultant to perform such selected services on an as-needed basis.
2.2 Term and Time of Performance. The services of Consultant are fixed for a five-year period
that will commence upon the execution of the contract.At the end of this period, should
the Town not renew the contract,the contract shall automatically expire. The individual
time of performance schedule for each project referred to the Consultant is required to be
performed as outlined in the scope of services section of this Agreement.
2.3 Compliance with Laws. The Consultant shall comply with all applicable laws,codes,
ordinances, and regulations of governing federal,state, and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications,and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
Larry Cannon,CANNON DESIGN GROUP Agreement for Consultant Services Page 2 of 8
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2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all
reports and supportive data prepared by Consultant under this Agreement are the Town's
property and shall be delivered to the Town upon the completion of Consultant's services
or at the Town's written request. All reports, information, data,and exhibits prepared or
assembled by Consultant in connection with the performance of its services pursuant to
this Agreement are confidential until released by the Town to the public,and the
Consultant shall not make any of the these documents or information available to any
individual or organization not employed by the Consultant or the Town without the
written consent of the Town before such release. The Town acknowledges that the
reports to be prepared by the Consultant pursuant to this Agreement are for the purpose
of evaluating a defined project,and Town's use of the information contained in the reports
prepared by the Consultant in connection with other projects shall be solely at Town's risk,
unless Consultant expressly consents to such use in writing. Town further agrees that it
will not appropriate any methodology or technique of Consultant which is and has been
confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed the
established hourly rates, as set forth in the Fee Schedule(Exhibit A),which is attached
hereto and incorporated herein by reference. Payment shall be based upon Town
approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty(30)days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by
whom at what rate and on what date. Also, plans, specifications, documents or other
pertinent materials shall be submitted for Town review, even if only in partial or draft
form.
Payment shall be net thirty(30)days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos,CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not
less than three years following completion of the work under this Agreement. Consultant
shall make these records available to authorized personnel of the Town at the Consultant's
offices during business hours upon written request of the Town.
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2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed,shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent,the Consultant may perform some obligations
under this Agreement by subcontracting, but may not delegate ultimate responsibility for
performance or assign or transfer interests under this Agreement. Consultant agrees to
testify in any litigation brought regarding the subject of the work to be performed under
this Agreement. Consultant shall be compensated for its costs and expenses in preparing
for,traveling to, and testifying in such matters at its then current hourly rates of
compensation, unless such litigation is brought by Consultant or is based on allegations of
Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives nor shall it enter
into any such holdings or agreements. In addition, Consultant warrants that it does not
presently and shall not acquire any direct or indirect interest adverse to those of the Town
in the subject of this Agreement,and it shall immediately disassociate itself from such an
interest,should it discover it has done so and shall, at the Town's sole discretion, divest
itself of such interest. Consultant shall not knowingly and shall take reasonable steps to
ensure that it does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it has employed a
person with a direct or indirect interest that would conflict with its performance of this
Agreement, Consultant shall promptly notify Town of this employment relationship, and
shall,at the Town's sole discretion,sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age,sex,
color, race, marital status,sexual orientation,ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment and Housing Act.
Larry Cannon,CANNON DESIGN GROUP Agreement for Consultant Services Page 4 of 8
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III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
Consultant agrees to have and maintain,for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000)combined single
limit per occurrence for bodily injury, personal injury,and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000)combined single
limit per accident for bodily injury and property damage.
iii. Consultant shall provide to the Town all certificates of insurance,with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Consultant agrees to have and maintain,for the duration of the contract,
professional liability insurance in amounts not less than one million dollars
($1,000,000)which is sufficient to insure Consultant for professional errors
or omissions in the performance of the particular scope of work under this
Agreement.
General Liability:
i. The Town, its officers,officials, employees, and volunteers are to be
covered as insured as respects: liability arising out of activities performed by
or on behalf of the Consultant; products and completed operations of
Consultant; and premises owned or used by the Consultant. This
requirement does not apply to the professional liability insurance required
for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects
the Town,its officers, officials, employees, and volunteers. Any insurance
or self-insurances maintained by the Town,its officers,officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees,or
volunteers.
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iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended,voided, cancelled,or reduced in coverage or in limits
except after thirty (30)days' prior written notice by certified mail, return receipt
requested,has been given to the Town. Current certification of such insurance shall be
kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers' Compensation. In addition to these policies, Consultant shall have and maintain
Workers' Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement. Further,
Consultant shall ensure that all subcontractors employed by Consultant provide the
required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Consultant shall save, keep, hold harmless,and indemnify and
defend the Town its officers,agent, employees, and volunteers from all damages,
liabilities, penalties,costs,or expenses in law or equity that may at any time arise or be set
up because of damages to property or personal injury received by reason of, or in the
course of performing work which may be occasioned by a willful or negligent act or
omissions of the Consultant,or any of the Consultant's officers, employees,or agents or
any subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed,shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate
this agreement with or without cause by giving not less than fifteen (15) days written
notice of termination. In the event of termination,the Consultant shall deliver to the
Town all plans,files, documents, and reports performed to date by the Consultant. In the
event of such termination,Town shall pay Consultant an amount that bears the same ratio
to the maximum contract price as the work delivered to the Town bears to completed
services contemplated under this Agreement, unless such termination is made for cause,
in which event,compensation, if any,shall be adjusted in light of the particular facts and
circumstances involved in such termination.
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4.4 Amendment. No modification,waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.5 Disputes. In any dispute over any aspect of this Agreement,the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid,and addressed to:
Town of Los Gatos Larry Cannon
Attn: Town Clerk Cannon Design Group
110 E. Main Street 700 Larkspur Landing Circle, Suite 199
Los Gatos,CA 95030 Larkspur, CA 94939
Or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict,contradiction,or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement,then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits,constitutes the complete and
exclusive statement of the Agreement between the Town and Consultant. No terms,
conditions, understandings, or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound,shall be binding on
either party.
Larry Cannon,CANNON DESIGN GROUP Agreement for Consultant Services Page 7 of 8
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IN WITNESS WHEREOF,the Town and Consultant have executed this Agreement.
Town of Los Gatos by: Consultant, by:
r DocuSigned�b`y: Doeus.gned by:
�,aLtVLI Pfh C w
w9'.0_- /FHAI1 G 14/tl...
Laure'Prevetti, Town Manager Larry �.cannon,AIA, AICP
Cannon Design Group
Recommended by:
Lr
DocuSigned by:
Jo0332t:Tson,
Community Development Director
Approved as to Form:
DocuSigned by:
Gti ridk UJ,t tiA,
Gaarle'ire Whelan,Town Attorney
Attest:
i-DocuSigned by:
Weniy Wad, CMC
Town Clerk
Larry Cannon,CANNON DESIGN GROUP Agreement for Consultant Services Page 8 of 8
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Peer Review
Design Services Proposal
May 16,2022 Pagr 3
TOTAL NUMBER OF STAFF PROVIDING SERVICES
Larry Cannon personally has provided all design review services to the Town of Los Gatos as well as to all
other design review clients throughout his long career.This has provided objectivity and consistency to all
reviews,with familiarity and easy access to the thousands of personal digital images of examples to clearly
convey recommendations.
ABILITY TO PERFORM ON SHORT NOTICE AND UNDER TIME CONSTRAINTS
I have consistently provided review letters within two to three weeks of receiving drawings and authorization
from staff to proceed.When projects are needed sooner.Los Gatos projects are given priority.
STATEMENT OF UNDERSTANDING
The Town of Los Gatos is a very special place with residents and elected and appointed officials who are
acutely aware of the Town's unique scale and character.When I was selected to provide design review services
in 2002,I met individually with each member of the Planning Commission and Town Council.Each told me
that the two highest review priorities were in this order:
• Neighborhood Compatibility
• Design Excellence
I have been guided by those two priorities in all reviews since that time.
SERVICES APPROAL.
I implement a disciplined and consistent approach for all projects that emphasizes neighborhood compat-
ibility and design excellence. It is a highly graphic approach that utilizes a review and recommendations letter
including the following:
• Neighborhood Context
Aerial photo with identification of the site location and photos of the site and surrounding structures gathered from Google
Barth Pro and other photos from previous project reviews.
• Issues and Concerns
Annotated applicant drawings with issues and concernsgraphicaly called out
• Recommendations
Recommended changes over annotated applicant drawings showing recommendations along with photo images illustrating
similar solutions within the Town of Los Gatos and other locations
ESTIMATED HOURS AND FEE ESTIMATES
$150 per hour for time actually spent plus limited actual expenses at cost plus 15%up to the Town's autho-
rized maximum deposit.Most projects are accomplished within an intial authorization of$2,500. Follow up
reviews utilize any funds left from the intial authorization plus addional hours billed at the hourly rate above.
EXHIBIT A
CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE .SUITE 199 . LARKSPUR.CA . 94939
DocuSign Envelope ID:96873599-452C-40F7-A59E-94FFFDA5DDDC
TOWN OF LOS GATOS MEETING DATE: 06/21/2022
y
r
' , 4 COUNCIL AGENDA REPORT
ITEM NO:8
GO'
DATE: June 16,2022
TO: Mayor and Town Council
FROM: Laurel Prevetti,Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Consultant
Services with Larry Cannon,Cannon Design Group to Provide Services as
Architectural Consultant to the Town.
RECOMMENDATION:
Authorize the Town Manager to execute an Agreement for Consultant Services with Larry
Cannon,Cannon Design Group to provide services as Architectural Consultant to the Town.
BACKGROUND:
In 2005,the Town Council approved a contract with Larry Cannon of Cannon Design Group to
serve as Architectural Consultant to the Town. Since that time,the architectural peer review
consultant process continues to be a successful component of the planning process.
The Town distributed a Request for Qualifications in April 2022 and received three proposals
from: Larry Cannon,Cannon Design Group (Attachment 1); Mammarella Architecture;and
Lindsay Toscano Architect. Staff determined that Larry Cannon of Cannon Design Group is the
most qualified to serve as the Architectural Consultant to the Town,based on the quality of the
proposal and past services provided.
DISCUSSION:
The Architectural Consultant serves in a similar capacity to other Town development peer
review consultants such as arborist,geotechnical,and environmental consultants. Typical tasks
that the Architectural Consultant may provide include the following:
PREPARED BY: Tania Maheu
Administrative Analyst
Reviewed by:Town Manager,Assistant Town Manager,Town Attorney,Community Development
Director,and Finance Director
110 E.Main Street Los Gatos,CA 95030•(408)354-6832
www.losgatosca.gov
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PAGE 2 OF 3
SUBJECT: Larry Cannon, Cannon Design Group
DATE: June 16, 2022
DISCUSSION (continued):
• Architecture and site design peer review and critique for development applications,
including residential and non-residential additions, remodels,and new buildings;
• Evaluation of architecture and site design for neighborhood compatibility and compliance
with applicable design standards and guidelines,specific plans,and the General Plan;
• Development of design recommendations and preparation of reports summarizing
findings and recommendations;
• Consultation with staff and/or applicants to discuss recommendations or project specific
issues;
• Special studies or projects, including,but not limited to: preparation of a checklist for
content of architectural plans for application packets; and
• Attendance at public meetings as needed.
CONCLUSION:
Cannon Design Group was determined to be the best candidate to continue serving as the
Town's Architectural Consultant for the following reasons:
• Extensive experience and specialization providing architecture and site design peer review
and preparing design guidelines;
• Successful provision of architectural review services to the Town since 2005;
• Strong use of graphics to make reports user-friendly and easy to understand;
• Larry Cannon, principal, is both a registered architect and a certified planner;
• Good understanding of the Town's codes, policies,and design guidelines (contributing
author of the Commercial and Residential Design Guidelines);and
• Experience with historic preservation.
COORDINATION:
The draft Agreement for Consultant Services (Attachment 2)was prepared in coordination with
the Town Attorney.
FISCAL IMPACT:
Architectural review for development proposals are paid for by the project applicant. The
typical consultant review deposit for a single-family home is$2,500. The actual cost is based on
the scope of work and the consultant's fee schedule(see Attachment 1). An administrative fee
of 10 percent is also charged by the Town. The purpose of the administrative fee is to
reimburse the Town's cost of administering the peer review.
To m• ITEM
Subject: Re:New Review-14288 Capri Drive-Estimate Requested
Date: Friday,September 6,2024 9:44:31 AM
[EXTERNAL SENDER]
HI Ryan,
It doesn't look like an inordinate number of trees.I think$2500 to $3000 for the life of the
project would be sufficient.
Rick
Richard Gessner-Consulting Arborist.
Monarch Consulting Arborists LLC
On Sep 5,2024,at 1:43 PM,Ryan Safly<RSafty a,,losgatosca.gov>wrote:
<image001.png>
Hi Rick,
The Town has received a formal SB 330 application that is invoking builders
remedy for a new multi-family development at 14288 Capri Drive. Project
documents can be found here: https://www.losgatosca.gov/2216/Pending-
Planning-Projects
The proposed project consists of a 120 unit apartment building,which would be
13 stories tail,with approximately 275,197 square feet of residential building area
(including 5 stories of garage area).The site is approximately 0.53 acres.This
would replace the existing small commercial building(which appears to
previously have been a residence).
Staff's initial review will be completed by September 18th.
Please provide an estimated deposit to complete a review on this proposal.They
would be removing all existing trees on the site.
Respectfully,
Ryan Safty•Associate Planner
ATTACHMENT G
Community Development Department•110 E.Main Street,Los Gatos CA 95030
Ph:408.354.6802•rsaftyalosgatosca.gov
www.losgatosca.gov•https://www.facebook.com/losgawsL,
COMMUNITY DEVELOPMENT HOURS:
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be completed at the counter.For more information on permit submittal,resubmittal,and
issuance,please visit the Building and Planning webpages.
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