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26 Alpine Ave- Staff Report and Exhibits 2-14 PREPARED BY: JOCELYN PUGA Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 07/26/2017 ITEM NO: 4 DATE: JULY 21, 2017 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ARCHITECTURE AND SITE APPLICATION S-16-052 AND MITIGATED NEGATIVE DECLARATION ND-17-001. PROJECT LOCATION: 26 ALPINE AVENUE. APPLICANT: TOM SLOAN. PROPERTY OWNER: TOBY AND SUSAN COREY. REQUESTING APPROVAL TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND REMOVE A LARGE PROTECTED TREE ON VACANT PROPERTY ZONED R-1:20. APN 529-37-042. DEEMED COMPLETE: JUNE 27, 2017 FINAL DATE TO TAKE ACTION: DECEMBER 27, 2017 RECOMMENDATION: Approval, subject to the recommended conditions of approval. PROJECT DATA: General Plan Designation: Low Density Residential Zoning Designation: R-1:20, Single-Family Residential, minimum lot size 20,000 square feet Applicable Plans & Standards: Residential Design Guidelines and Hillside Development Standards and Guidelines Parcel Size: 20,000 square feet Surrounding Area: Existing Land Use General Plan Land Use Designation Zoning North Residential Medium Density Residential R-1D South Residential Low Density Residential R-1:20 East Residential Low Density Residential R-1:20 West Residential Low Density Residential and Medium Density Residential R-1:8 and R-1D PAGE 2 OF 8 SUBJECT: 26 ALPINE AVENUE/S-16-052 AND ND-17-001 JULY 21, 2017 N:\DEV\PC REPORTS\2017\Alpine 26.docx 7/21/2017 9:04 AM CEQA: It has been determined that this project will not have a significant impact on the environment. Adoption of a Mitigated Negative Declaration, Errata, and Mitigation Monitoring and Reporting Program to mitigate potential impacts to a less than significant level is recommended. FINDINGS:  As required by CEQA for adopting the Mitigated Negative Declaration.  As required by the Residential Design Guidelines that the project complies with the Residential Design Guidelines.  As required by the Hillside Development Standards & Guidelines that other than the exception to the Least Restrictive Development Area, the project complies with the applicable sections of the Hillside Development Standards & Guidelines. CONSIDERATIONS:  As required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application. ACTION: The decision of the Planning Commission is final unless appealed within ten days. BACKGROUND: The subject property is the remaining undeveloped lot of a three lot subdivision which was approved by the Planning Commission in 1991. During the course of the subdivision hearing, several Planning Commissioners and neighbors raised concerns over the future lot development including “grading, tree removal, impact on the creek, privacy, shadow studies, the square footages of the buildings, and how obtrusive they might be” on surrounding properties. It was decided that the subdivision of the property located at 38 Alpine Avenue into three lots could be approved if conditions were set to limit the square footage of the future houses to no more than 2,500 square feet, protect specimen trees, and meet hillside grading and drainage standards. The Commission should note that pursuant to the State Subdivision Map Act, these types of conditions restricting the development of the site cannot be imposed. However, this direction can be considered during the Architecture and Site approval process. On July 27, 1993, the issue of modifying the 2,500-square foot maximum was discussed by the Conceptual Development Advisory Committee. The Committee determined that they would recommend an increase in the allowable square footage if such an increase was not in conflict with the adjacent neighborhood. However, the Committee expressed concerns about allowing PAGE 3 OF 8 SUBJECT: 26 ALPINE AVENUE/S-16-052 AND ND-17-001 JULY 21, 2017 N:\DEV\PC REPORTS\2017\Alpine 26.docx 7/21/2017 9:04 AM any significant square footage increases on two of the lots that had the steepest slopes, which included the subject parcel. Subsequently, applications for Architecture and Site approval for the subject property were applied for in 1995 and 1998; both applications were withdrawn due to concerns from neighbors regarding the size of the home and potential construction impacts. On June 30, 2004, another Architecture and Site application was filed to construct a 2,500-square foot multi-level home with a 1,382-square foot cellar for a total of 3,882 square feet with a 740- square foot attached garage. On May 27, 2009, the Planning Commission considered the application and continued the item to July 8, 2009. At the applicant’s request, the item was continued to August 12, 2009. On August 12, 2009, the Planning Commission denied the application due to concerns regarding the mass of the home. The applicant appealed the decision by the Planning Commission and on October 5, 2009, the Town Council considered the appeal and remanded the project back to the Planning Commission with direction that the project be modified as the Planning Commission requested to reduce the mass of the right elevation and that the applicant work with staff. Following the Town Council decision, the applicant did not resubmit plans for Planning Commission consideration. Although the property is zoned R-1:20, it has a slope greater than 10 percent and as a result is subject to Chapter 2, Chapter 3, and Section C. of Chapter 6 of the Hillside Development Standards and Guidelines (HSD&G). The project is being considered by the Planning Commission due to the applicant’s request for an exception to the Least Restrictive Development Area (LRDA) pursuant to the HDS&G. PROJECT DESCRIPTION: A. Architecture and Site Application Architecture and Site approval is required to construct a new residence. B. Location and Surrounding Neighborhood The subject site is a vacant lot located approximately 300 feet north of East Main Street (Exhibit 2). The lot is 20,000 square feet with an average slope of 41 percent, extensive tree cover, and a creek along the western portion of the property. The project site is accessed from Alpine Avenue. C. Zoning Compliance A single-family residence is permitted in the R-1:20 zone. The proposed residence is in compliance with the allowable floor area for the property. Additionally, the proposed PAGE 4 OF 8 SUBJECT: 26 ALPINE AVENUE/S-16-052 AND ND-17-001 JULY 21, 2017 N:\DEV\PC REPORTS\2017\Alpine 26.docx 7/21/2017 9:04 AM residence is in compliance with height, setback, building coverage, and on-site parking requirements. DISCUSSION: A. Architecture and Site Analysis The applicant is proposing to construct a new single-family home with 1,993 square feet of living floor area, 1,439 square feet of cellar, and a 415-square foot attached garage. The maximum height of the proposed building would be approximately 29 feet. The project proposes a contemporary style home with cedar siding, stone walls, and glass railing. Additionally, the project proposes sustainable design elements which include solar panels, a green eco roof, recycled and reclaimed building materials, and radiant floor heating. A color and materials sheet is included as Exhibit 11. A color and materials board will be available at the public hearing. Due to the slope of the lot, staff analyzed the project with the applicable sections of the HDS&G, including site selection, grading, drainage, driveways, parking, geologic safety, and retaining walls. The site does not contain a building area that is within the LRDA. The applicant has designed the house to be set into the hillside, appearing as a single-story along the front elevation to reduce the mass of the home from Alpine Avenue and as two stories at the rear and right elevations from Jackson Street. The Commission should note that a house cannot be designed at this site that is completely within the LRDA due to the fact that the majority of area with a slope of less than 30 percent is located within the required front and left side setbacks or within the required creek setback pursuant to the Guidelines and Standards for Land Use Near Streams (see creek discussion later in this report). Please see the applicant’s letter of justification (Exhibit 6) for additional information regarding the proposed project. B. Design and Compatibility The Town’s Architectural Consultant reviewed the project to provide recommendations regarding the architecture and neighborhood compatibility. The Consulting Architect noted that while the architectural style is different from others in the immediate neighborhood, the scale of the home related to Alpine Avenue would be complementary to the streetscape. In addition, the substantial tree cover would largely obscure views to the home from Jackson Street (Exhibit 7). The Consulting Architect had one recommendation to consider eliminating the circular driveway at the front of the home even though the existing curb cut for the driveway exists. PAGE 5 OF 8 SUBJECT: 26 ALPINE AVENUE/S-16-052 AND ND-17-001 JULY 21, 2017 N:\DEV\PC REPORTS\2017\Alpine 26.docx 7/21/2017 9:04 AM The applicant proposes to keep the circular driveway due to the fact that there is no on-street parking permitted at this end of Alpine Avenue to accommodate off-street parking. C. Neighborhood Compatibility The immediate neighborhood is made up of single and two-story residences and includes a mix of architectural styles. Based on Town and County records, the surrounding residences range in size from 1,316 square feet to 5,021 square feet. The floor area ratios (FAR) range from 0.06 FAR to 0.36 FAR. The applicant is proposing a residence of 1,993 square feet on a 20,000- square foot parcel (0.10 FAR). The following Neighborhood Analysis table reflects current conditions of the immediate neighborhood: ADDRESS House Garage Gross Lot Area House FAR Stories 38 Alpine Avenue 4,309 1,062 21,671 0.20 2 50 Alpine Avenue 3,120 824 21,671 0.14 2 27 Jackson Street 1,316 440 3,750 0.35 2 23 Jackson Street 1,577 399 4,376 0.36 2 19 Alpine Avenue 2,715 400 43,847 0.06 1 25 Alpine Avenue 5,021 795 44,523 0.11 2 47 Alpine Avenue 2,398 400 33,040 0.07 1 57 Alpine Avenue 3,827 764 26,100 0.15 2 26 Alpine Avenue (N) 1,993 415 20,000 0.10 2 26 Alpine Avenue (E) 0 0 20,000 0 0 The proposed residence would be the seventh largest home in the immediate neighborhood in terms of square footage and the seventh largest in terms of FAR. Pursuant to the HDS&G, properties with an average slope greater than 30 percent are subject to a net lot reduction of 60 percent. After the slope reduction, the maximum allowed square footage is 2,608 square feet. PAGE 6 OF 8 SUBJECT: 26 ALPINE AVENUE/S-16-052 AND ND-17-001 JULY 21, 2017 N:\DEV\PC REPORTS\2017\Alpine 26.docx 7/21/2017 9:04 AM D. Trees The Town’s Consulting Arborist completed a peer review of the applicant’s arborist report dated June 26, 2016 (Exhibit 8). The Consulting Arborist had two recommendations (Exhibit 9), which noted that the tree protection sheets should be included in the plan set and that four existing trees that are outside of the proposed development area should be shown on the site plan. Comments by the Consulting Arborist were incorporated in the plan set and addressed in the memorandum dated January 17, 2017 (Exhibit 10). The project proposes to remove 12 protected trees, of which one is considered to be a large protected tree. Eight of the 12 protected trees to be removed (trees #10, #12, #32, #33, #34, #35, #36, #37, and #57) are Coast Live Oaks, California Bays, or California Buckeyes which are proposed to be removed to accommodate the proposed residence. The project proposes to retain 21 Coast Live Oak trees (trees #1, #3, 4, 6, 8, 9, 14, 15, 18, 22, 23, 24, 27, 30, 42, 43, 44, 46, 47, 52, and 55), five Valley Oak trees (trees #17, 21, 25, 51, and 54), eight California Bay trees (trees #16, 20, 26, 29, 38, 41, 45, and 53), six California Buckeye trees (trees #28, 39, 40, 49, 50, and 56), two Prunus trees (trees #19 and 48), and two Blue Gum trees (trees #2 and 13) If the project is approved, tree protection measures would be implemented prior to and during construction. Replacement trees would be required to be planted pursuant to Town Code. Tree protection measures are incorporated as conditions of approval (Exhibit 4) to protect the trees to remain on the subject property and within the development area. E. Creek Setbacks The applicant is proposing a 26-foot 10-inch, setback from the top of bank, adjacent to the creek. The proposed setback conforms to the Guidelines and Standards for Land Use Near Streams which recommends a 20 to 25-foot setback from top of bank with an additional five feet of setback for parcels larger than 10,000 square feet. For the project’s 20,000-square foot parcel, the recommended setback for the proposed structure is 25 to 30 feet. F. Grading/Geotechnical Review The applicant submitted geologic investigations that were reviewed by the Town’s Geotechnical Consultant. As noted above, the average slope of the lot is 41 percent. The project proposes the excavation of approximately 1,550 cubic yards of soil with an export of 1,520 cubic yards being exported off-site during the construction. Although the site has very steep slopes, the investigations concluded that development of the site is feasible from a geologic and geotechnical engineering viewpoint. Conditions of approval have been included requiring compliance with the geotechnical recommendations. PAGE 7 OF 8 SUBJECT: 26 ALPINE AVENUE/S-16-052 AND ND-17-001 JULY 21, 2017 N:\DEV\PC REPORTS\2017\Alpine 26.docx 7/21/2017 9:04 AM G. Environmental Review An Initial Study and Mitigated Negative Declaration (MND) (Exhibit 1) have been prepared for the project by the Town’s Environmental Consultant, Kimley-Horn and Associates (available online at www.losgatosca.gov/26Alpine). The 30-day public review period began on June 23, 2017 and will end on July 24, 2017. The project will not result in a significant effect on the environment because mitigation measures have been added for Air Quality, Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Quality, mitigating potential impacts to a less-than-significant level. An Errata is included in Exhibit 12 illustrating changes and clarifications to the Initial Study and Mitigated Negative Declaration. A Mitigation Monitoring and Reporting Program has also been prepared for the project and is included in Exhibit 13. PUBLIC COMMENTS: Story poles and signage were installed on the site and written notice was sent to property owners and tenants within 300 feet of the subject property. Staff has received a public comment regarding the project from a neighbor with concerns regarding tree removal, construction noise, view impacts, roof and chimney height, and construction parking (Exhibit 14). CONCLUSION: A. Summary The proposed project would allow the applicant to construct a new single-family residence on a vacant lot. As proposed, the project would create a 1,993-square foot residence with a 1,439-square foot cellar, and a 415-square foot attached garage. Due to the slope of the site, the applicant is requesting an exception to the LRDA pursuant to the HDS&G. The MND prepared for the project found no significant environmental impacts from the construction of the proposed project. B. Recommendation Based on the analysis above, staff recommends approval of the Architecture and Site application subject to the recommended conditions of approval (Exhibit 4). If the Planning Commission finds merit with the proposed project, it should: 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Exhibits 1 and 13), including the Errata Sheet (Exhibit 12); 2. Make the required finding that the project complies with the Residential Design Guidelines (Exhibit 3); PAGE 8 OF 8 SUBJECT: 26 ALPINE AVENUE/S-16-052 AND ND-17-001 JULY 21, 2017 N:\DEV\PC REPORTS\2017\Alpine 26.docx 7/21/2017 9:04 AM 3. Make the finding that the exception to the Least Restrictive Development Area is appropriate and the project is otherwise in compliance with the applicable sections of the Hillside Development Standards and Guidelines (Exhibit 3); 4. Make the required considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture & Site application (Exhibit 3); and 5. Approve Architecture & Site Application S-16-052 with the conditions contained in Exhibit 4 and the development plans in Exhibit 15. C. Alternatives Alternatively, the Commission can: 1. Continue the matter to a date certain with specific direction; or 2. Approve the application with additional and/or modified conditions; or 3. Deny the applications. EXHIBITS: Previously received under separate cover: 1. Mitigated Negative Declaration Received with this Staff Report: 2. Location Map 3. Required Findings and Considerations (one page) 4. Recommended Conditions of Approval (14 pages) 5. Project Description, received July 20, 2017 (two pages) 6. Letter of Justification, received July 20, 2017 (six pages) 7. Consulting Architect’s Report, received August 29, 2016 (five pages) 8. Applicant’s Arborist Report, dated June 26, 2016 (21 pages) 9. Consulting Arborist’s Peer Review Report, dated November 8, 2016 (two pages) 10. Applicant’s Addendum to Arborist Report, dated January 17, 2017 (one page) 11. Color and Material Sheet, received August 3, 2016 (one page) 12. Errata Sheet (two pages) 13. Mitigation Monitoring and Reporting Program (seven pages) 14. Public comments received by 11:00 a.m., Friday, July 21, 2017 15. Development Plans, received July 3, 2017 (29 sheets) Distribution: Toby and Susan Corey, 122 8th Avenue, Santa Cruz, CA 95062 Tom Sloan, 1475 S. Bascom Avenue, Suite 208, Campbell, CA 95008 26 Alpine Avenue E MAIN ST EXHIBIT 2 This Page Intentionally Left Blank PLANNING COMMISSION -July 26, 2017 REQUIRED FINDINGS & CONSIDERATIONS FOR: 26 Alpine Avenue Architecture and Site Application S-16-052 Mitigated Negative Declaration ND-17-001 Requesting approval to construct a new single-family residence on vacant property zoned R-1:20 APN 529-37-042. PROPERTY OWNER: Toby and Susan Corey APPLICANT: Tom Sloan FINDINGS Required findings for CEQA: • It has been determined that this project will not have a significant impact on the environment. Adoption of a Mitigated Negative Declaration, Errata, and M itigation Monitoring and Reporting Program to mitigate potential impacts to a less than significant level is adopted. Required Compliance with the Residential Design Guidelines: • The project is in compliance with the Residential Design Guidelines for single-family homes not in hillside residential areas . Required Compliance with Hillside Development Standards and Guidelines (HDS&G): Parcels with an average slope of 10 percent or greater outside of the Town of Los Gatos Hillside Area which shall be governed by the Residential Design Guidelines and the following sections of the Hillside Development Standards and Guidelines: Constraints Analysis and Site Selection excluding the standards for the visibility from off site and ridge line view protection, Site Planning for grading, drainage, driveways and parking, geologic safety, and Site Elements for retaining walls. • The project is in compliance with the applicable Hillside Development Standards and Guidelines with the exception to the Least Restrictive Development Area due to the slope of the site which has been determined to be acceptable . CONSIDERATIONS: Considerations in review of Architecture & Site applications: • As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. N:\DEV\FI NDINGS\2017\Alpine 26.docx EXHIBIT 3 This Page Intentionally Left Blank PLANNING COMMISSION -July 26, 2017 CONDITIONS OF APPROVAL 26 Alpine Avenue Architecture and Site Application S-16-052 Mitigated Negative Declaration ND-17-001 Requesting approval to construct a new single-family residence and remove a large protected tree on vacant property zoned R-1:20. APN 529-37-042. APPLICANT: Tom Sloan PROPERTY OWNER: Toby and Susan Corey TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT : Planning Division 1. APPROVAL : This application shall be completed in accordance with all ofthe conditions of approval listed below and in substantial compliance with the plans approved and noted as received by the Town on June 27, 2017. Any changes or modifications to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes . 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29 .20 .320 of the Town Code , unless the approval has been vested . 3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. 4 . GENERAL : All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan , and must remain on the site . 5 . TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit. 6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations made by Gareth Jones, identified in the Arborist reports, dated as received June 26, 2016 and January 17, 2017, in addition to the peer review report prepared by Deborah Ellis on November 8, 2016, respectively, on file in the Community Development Department . A Compliance Memorandum shall be prepared by the applicant and submitted with the building permit application detailing how the recommendations have or will be addressed . These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable. 7. TREE FENCING : Protective tree fencing shall be placed at the drip line of existing trees and shall remain through all phases of construction. Fencing shall be six foot high cyclone attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. EXHIBIT 4 8. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being removed. The number of trees and size of replacement trees shall be determined using the canopy replacement table in the Town Code. Town Code requires a ~inimum 24-inch box size replacement tree. New trees shall be double staked with rubber ties and shall be planted prior to final inspection and issuance of occupancy permits. 9. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan, including landscape and irrigation plans and calculations, shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. The final landscape plan shall be reviewed by the Town's consultant prior to issuance of building permits. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. 10. FRONT YARD LANDSCAPE : Prior to issuance of a Certificate of Occupancy the front yard must be landscaped. 11 . STORY POLES: The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application. 12 . TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any act ion brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 13. BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-1: Special-status and Migratory Bird Species. The following avoidance measures shall be required to avoid the project's potential effects on special-status and migratory bird species. a. The removal of trees and shrubs shall be minimized to the extent feasible. b. If tree removal, pruning, grubbing and demolition activities are necessary, such activities shall be conducted outside of the breeding season (i.e ., between September 1 and January 31), to avoid impacts to nesting birds. c. If tree removal, pruning, grubbing and demolition activities are scheduled to commence during the bird breeding season (i.e., between February 1 and August 31), a preconstruction survey shall be conducted by a qualified biologist no more than two weeks prior to the initiation of work. The preconstruction survey shall include the project footprint and up to a 300-foot buffer, access and sight-lines permitting. If no active nests of migratory birds are found, work may proceed without restriction and no further measures are necessary. If work is delayed more than two weeks, the preconstruction survey shall be repeated, if determined necessary by the project biologist. d. If active nests (i.e . nests with eggs or young birds present, or hosting an actively breeding adult pair) of special-status or migratory birds are detected, the project biologist shall designate non-disturbance buffers at a d istance sufficient to minimize disturbance based on the nest location, topography, cover, species, and the type/duration of potential disturbance . No work shall occur within the non- disturbance buffers until the young have fledged, as determined by a qualified biologist. The appropriate buffer size shall be determined in cooperation with the CDFW and/or the USFWS . If, desp ite the establishment of a non-disturbance buffer it is determined that project activities are resulting in nest disturbance, work shall cease immediately and the CDFW and the USFWS shall be contacted for further guidance. e. If project activities must occur within the non-disturbance buffer, a qualified biologist shall monitor the nest(s) to document that no. take of the nest (i.e., nest failure) will result. If it is determined that project activities are resulting in nest disturbance, work shall cease immediately and the CDFW and the USFWS shall be contacted for further guidance . 14. BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-2: Special -s tatus Bat s. The following avoidance measures shall be required to avoid the project's potential effects on special- status bats . a. Prior to the removal or significant pruning of trees and the demolition of buildings, a qual ified bat biologist shall as sess them for the potential to support roo sting bats . Suitable bat roosting sites include trees with snags, rotten stumps, and decadent trees with broken limbs, exfoliating bark, cavities, and structures with cracks, joint seams and other openings to interior spaces. If there is no evidence of occupation by bats, work may proceed without further action. b. If suitable roosting habitat is present, the bat biologist shall recommend appropriate measures to prevent take of bats . Such measures may include exclusion and humane eviction (see "c" below) of bats roosting within structures during seasonal periods of peak activity (e .g., February 15 -April 15, and August 15 -October 30}, partial dismantling of structures to induce abandonment, or other appropriate measures. c. If bat roosts are identified on the site, the following measures shall be implemented: • If non-breeding/migratory bats are identified on the site within a tree or building that is proposed for removal, then bats shall be passively excluded from the tree or building. This is generally accomplished by opening up the roo st area to allow airflow through the cavity/crevice, or installing one-way doors. The bat biologist shall confirm that the bats have been excluded from the tree or building before it can be removed. • If a maternity roost of a special-status bat species is detected, an appropriate non- disturbance buffer zone shall be established around the roost tree or building site, in consultation with the CDFW . Maternity roost sites may be demolished only when it has been determined by a qualified bat biologist that the nursery site is not occupied. Demolition of maternity roost sites may only be performed during se asonal periods of peak activity·(e .g., February 15 -April 15, and August 15 - October 30). • No additional mitigation for the loss of roosting bat habitat is required. 15 . BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-3: Tree Planting Plan. The applicant shall comply with the recommendations in the arborist report prepared for the proposed project by Gareth Jones on June 26, 2016 and January 17, 2017, in addition to the peer review report prepared by Deborah Ellis on November 8, 2016 . The Tree Planting Plan shall include the following : a. Removal of all protected trees (all with 30-35 feet canopy diameters) will be replaced by four 24-inch box trees or two 36-inch box trees per tree removed. Replacement trees must be species from the Town of Los Gatos' approved tree species list. b. Removal of riparian tree species should be mitigated by additional plantings in the project area . Planting additional trees in the riparian set back is not advised due to the heavily shaded nature of the existing canopy cover. c. Ecologically suitable native understory plants should be planted on the hillside above the riparian set back. d. All landscaping shall be done with plants that are not known to be invasive. Use a reputable nursery to source native plants that are genetically similar to those found in the Santa Cruz Mountains. 16. BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-4: Sudden Oak Death Syndrome. a. Prior to removal or trimming of any potentially infected tree or carrier tree species, samples will be taken by a qualified arborist and sent to a laboratory to determine the presence or absence of SODS. If a positive test result occurs, the applicant shall immediately consult with the Oak Mortality Task Force and follow all applicable recommendations for further tree removal, trimming, disposal of vegetation, and for decontamination of equipment. 17. ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS MITIGATION MEASURE CUL-1: a. In the event that archaeological traces are encountered, all construction within a 50- meter radius of the find will be halted, the Community Development Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations. b. If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines char the remains are not subject to his authority, he will notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans. c. If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted . Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5( e). If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. d . A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site . The final report will include background information on the completed work, a description and list of identified resources, the disposition and cu ration of these resources, any testing, other recovered information, and conclusions. 18 . GEOLOGY AND SOILS MITIGATION MEASURE GE0-1: Geotechnical Report Recommendations . a. The project applicant shall implement all of the recommendations of the project geotechnical report, and any associated updates or revisions, related to site preparation and grading, foundation design, driveways, retaining walls, and drainage improvements. To ensure correct implementation, the geotechnical engineer shall review project plans and observe geotechnical-relevant aspects of proposed initial construction of roads and infrastructure. The geotechnical eng ineer shall submit an "as built" letter to the Director of Public Works stating that the project has been constructed in conformance with the recommendation s of the geotechn ical report . 19. HYDROLOGY AND WATER QUALITY MITIGATION MEASURE HWQ-1: GHG-1 : a. Pr io r to the is suance of grading permits or improvement plans in l ieu of grading permits, the applicant shall demonstrate to the satisfaction of the Town Engineer that the project's stormwater quality control mea sures, including the erosion control features described in the project's final Erosion Control Plan have been incorporated into the project design . 20. COMPLIANCE MEMORANDUM : A memorandum shall be prepared and submitted with the building plan s detailing how the Conditions of Approval will be addressed. Building Division 21. PERMITS REQUIRED : A Building Permit is required for construction ofthe new single- family residence . This is a combination Building Permit which includes all required electrical , mechanical, and plumbing work as necessary. A separate Building Permit is required for any site retaining walls. 22 . APPLICABLE CODES: The current codes as amended and adopted by the Town of Los Gatos as of January 1, 2017, are the 2016 California Building, Electrical , Mechanical, Plumbing, Fire, and Energy Code s and the 2016 California Residential Code and 2016 California Green Build ing Standards Code -Mandatory Measures on ly. 23 . CONDITIONS OF APPROVAL : The Cond itions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed . 24 . SIZE OF PLANS : Submit four sets of construction plans, minimum size 24" x 36 ", maximum si ze 30" x 42". 25. SOILS REPORT : A Soils Report (Geotechnical Investigation), prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with Building Permit Application . 26 . FOUNDATION INSPECTIONS : A pad certificate prepared by a licensed Civil Engineer or Land Surveyor shall be submitted to the project building Inspector at foundation inspection . Thi s certificate shall certify compliance with recommendations as specified in the soils report and that the building pad elevation and on-site retaining wall locations and elevations have been prepared according to the approved plans . Horizontal and vertical controls shall be set and certified by a licensed Land Surveyor or Civil Engineer for the following items: a. Bu i lding pad elevation b . Fini sh floor elevation c. Foundation corner locations d. Retaining wall locations and elevations 27. TOWN RESIDENTIAL ACCESSIBILITY/ADAPTABILITY STANDARDS: The new residence shall be designed with adaptability features for single-family residences per Town Resolution 1994-61 as follows : a. Wood backing (2" x 811 minimum) shall be provided in all bathroom walls at water closets, showers, and bathtubs, located 34-inches from the floor to the center of the backing, suitable for the installation of grab bars in needed in the future. b . All passage doors shall be at least 32-inches wide on the accessible floor level. c. The primary entrance shall be a 36-inch wide door with a 5' x 5' level landing no more than 1-inch out of plane with the immediate interior floor level and with an 18-inch clearance on the interior strike edge . d. A door buzzer, bell or chime shall be hard-sired at the primary entrance. 28. TITLE 24 ENERGY COMPLIANCE : All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed) onto a sheet of the plans. 29. BACKWATER SEWER VALVE : The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6 .50 .025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos and West Valley Sanitation District (WVSD) require backwater valves on drainage piping serving fixtures that have flood level rims less than 12-inches above the elevation of the next upstream manhole. 30. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance or gas appliance per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 31. FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies . 32 . WILDLAND-URBAN INTERFACE : This project is located in a Wildland-Urban Interface High Fire Area and new buildings must comply with Section R337 of the California Residential Code regarding materials and construction methods for exterior wildfire exposure. 33. DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN : Provide a Defensible Space/Fire Break Landscaping Plan prepared by a California licensed Landscape Architect in conformance with California Public Resources Code 4291 and California Government Code Section 51182 . 34. FIRE BREAK LANDSCAPING FINAL INSPECTION: Prior to Final Inspection, provide a letter from a California licensed Landscape Architect certifying that the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and California Government Code Section 51182. 35 . SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the architect or engineer of record shall prepare an inspection program that shall be submitted to Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building 36. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County Valley Non point Source Pollution Control Program Sheet (24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter or ARC Blue Print for a fee or online at www.losga tosc a.gov/building 37. APPROVALS REQUIRED: The project requires the following departments and agencie s approval before issuing a building permit: a. Community Development -Planning Division : Jocelyn Puga (408} 354-6875 b . Engineering/Parks & Public Works Department: Kevin Bagley (408) 395-5340 c. Santa Clara County Fire Department: (408) 378-4010 d . We st Valley Sanitation Di strict: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS : Engineering Division 38. GENERAL : All public improvements shall be made according to the latest adopted Town Standard Plan s, Standard Specifications and Engineering De sign Standards. All work shall conform to the applicable Town ordinances . The adjacent public right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of the day . Dirt and debris shall not be washed into storm drainage facilities . The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an e nc roachment pe rmit is iss ued by the Engineering Divi sion of the Park s and Publi c Works Department. The Applicant's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may re sult in the iss uance of correction notices, citations, or stop work orders and the Town performing the required m aintenance at the Applicant's expen se. 39. APPROVAL: This application shall be completed in accordanc e with all of the condition s of approval li sted below and in substantial compliance with the latest reviewed and approved development plan s. Any changes or modifications to the approved plan s or condition s of approvals shall be approved by the Town Engineer. 40 . ENCROACHMENT PERMIT : All work in the public right-of-way will require a Con struction Encroachment Permit. All work over $5,000 will r equire construction security. It is the re spon sibility of the Applicant to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of Tran sportation (Caltran s). Copie s of any approvals or permits must be submitted to the Town Engineering Divi sion of the Park s and Public Works Department prior to relea sin g any permit . 41. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The property owner shall enter into an agreement with the Town for all existing and proposed private improvements within the Town's r ig ht-of-way. The Owner shall be solely re spon sib le for maintaining the improvements in a good and safe condition at all time s and shall indemnify the Town of Los Gatos. The agreement mu st be completed and acc epted by the Town Attorney, and a copy of the recorded agreement shall be submitted to the Engineering Division of the Parks and Public Works Department, prior to the issuance of any permits. 42. PUBLIC WORKS INSPECTIONS: The Applicant or their representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result in penalties and rejection of work that went on without inspection . 43. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Applicant's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor's sole expense and no additional compensation shall be allowed therefore. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. The Applicant shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 44. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction. 45. STREET /SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 46. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 47. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of any permits. 48. PLANS AND STUDIES : All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California, and submitted to the Town Engineer for review and approval. Additionally, any studies imposed by Planning Commission or Town Council shall be funded by the Applicant. 49. GRADING PERMIT: A grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading Ordinance). The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks and Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location(s), driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas . Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street, is needed for grading within the building footprint. SO . GRADING ACTIVITY RESTRICTIONS : Upon receipt of a grading permit, any and all grading activities and operations shall not commence until after the rainy season, as defined by the State Water Resources Control Board (October 1-April 30), has ended . Sl. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES : All grading activities and operations shall be in compliance with Section Ill ofthe Town's Hillside Development Standards and Guidelines. All development shall be in compliance with Section II of the Town's Hillside Development Standards and Guidelines. S2. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading/improvement permits, whichever comes first, the Applicant shall : a) design provisions for surface drainage; and b) design all nece ssary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and c) provide a recorded copy of any required easement s to the Town . S3. TREE REMOVAL : Copies of all necessary tree removal permits shall be provided prior to the issuance of a grading permit/building permit. S4. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall: top of wall elevations and locations. b . Toe and top of cut and fill slopes . SS . RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls . Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. S6 . SOILS REPORT: One copy of the soils and geologic report shall be submitted with the application . The soils report shall include specific criteria and standards governing site grading, drainage, pavement de sign , retaining wall design, and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 673S of the California Business and Professions Code . S7. GEOLOGY AND SOILS MITIGATION MEASURE: A geotechnical investigation shall be conducted for the project to determine the surface and sub-surface conditions at the site and to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab-on-grade construction, excavation, drainage, on -site utility trenching and pavement sections . All recommendations of the investigation shall be incorporated into project plan s. S8 . SOILS REVIEW : Prior to issuance of any permits, the Applicant's engineers shall prepare and submit a design-level geotechnical/geological investigation for review and approval by the Town. The Applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. Approval of the Applicant's soils engineer shall then be conveyed to the Town either by letter or by signing the plans. 59 . SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and grading shall be inspected by the Applicant's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing shall be documented in an "as-built" letter/report prepared by the Applicant's soils engineer and submitted to the Town before final release of any occupancy permit is granted. 60. SOIL RECOMMENDATIONS: The proj ect shall incorporate the geotechnical/geological recommendations contained in the Geotechnical Update Report & Supplemental Recommendations by Pollak Engineering. Inc., dated August 5, 2016, and any subsequently required report or addendum. Subsequent reports or addendum are subject to peer review by the Town's consultant and costs shall be borne by the Applicant. 61. WATER DESIGN : Water plans prepared by San Jose Water Company must be reviewed and approved prior to issuance of any permit. 62. UTILITIES: The Applicant shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27 .50.015(b). All new utility services shall be placed underground . Underground conduit shall be provided for cable television service . The Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 63. SIDEWALK REPAIR: The Applicant shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. All new and existing adjacent infrastructure must meet current ADA standards. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor's sole expense and no additional compensation shall be allowed therefore. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project . The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued . 64. CURB AND GUTIER REPAIR: The Applicant shall repair and replace to existing Town standards any curb and gutter damaged now or during construction .of this project . All new and existing adjacent infrastructure must meet Town standards. New curb and gutter shall be constructed per Town Standard Details . New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor's sole expense and no additional compensation shall be allowed therefore. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued . 65. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, will need to abide by Town Code Sections 23.10 .080, 26.10 .065, and 29.40.030. 66. FENCES : Fences between all adjacent parcels will need to be located on the property lines/boundary lines. Any existing fences that encroach into the neighbor's property will need to be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued. Waiver of this condition will require signed and notarized letters from all affected neighbors. 67 . TRAFFIC IMPACT MITIGATION FEE: The Applicant shall pay the project's proportional share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued . The fee shall be paid before issuance of a building permit. The final traffic impact mitigation fee for this project shall be calculated from the final plans using the current fee schedule and rate schedule in effect at the time the building permit is issued, using a comparison between the existing and proposed uses. 68. CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer. The contractor would need to provide one-lane 2-way traffic control if they want to use a portion of the street for construction purposes, if approved by the Town Engineer . 69 . HAULING OF SOIL: Hauling of so il on-or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9 :00 a.m . and between 4 :00 p .m. and 6:00 p.m .), and at other time s as specified by the Director of Parks and Public Works. Prior to the issuance of a building permit, the Applicant shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off of the project site. Thi s may include, but is not limited to provisions for the Applicant/Owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand and other loose debri s. 70. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p .m., weekdays and 9:00 a.m . to 7:00 p.m. weekends and holidays, con struction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as pos sible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 71. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any permits, the Applicant shall submit a con struction management plan sheet (full-s ize) within the plan set that shall incorporate at a minimum the Earth Movement Plan, Project Schedule, site security fencing, employee parking, construction staging area , materials storage area(s), concrete wa shout(s) and propo se d outhouse location(s). 72. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used. A Sanitary Sewer Clean-out is required for each property at the property line, or at a location specified by the Town . 73. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Building Official. The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve as defined in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operation condition . Evidence of West Sanitation District's decision on whether a backwater device is needed shall be provided prior to the issuance of a building permit. 74. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders. 75. SITE DESIGN MEASURES: All projects shall incorporate the following mea sures : a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas . d . Use permeable pavement surfaces on the driveway, at a minimum . e. Use landscaping to treat stormwater. 76. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks and Public Works Department. A maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final land sca ping, shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and detail s), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention ba sins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The Town of Los Gatos Engineering Division of the Park s and Public Works Department and the Building Department will conduct periodic NP DES inspection s of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulation s. 77 . DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site . All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three (3) times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets shall be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m . and 5 p .m. and shall include at least one (1) late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed twenty-five (25) miles per hour (MPH). All trucks hauling soil , sand, or other loose debris shall be covered . 78 . CONSTRUCTION ACTIVITIES : All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 79. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb dra i ns will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled/signed with appropriate "NO DUMPING -Flows to Bay " NPDES required language. On-site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be placed a minimum of ten (10) feet from the adjacent property line and/or right-of-way. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property. 80. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 81. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The Applicant's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in penalties and/or the Town performing the required maintenance at the Applicant's expense. 82. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT : 83. WILDLAND -URBAN INTERFACE: This project is located with i n the designated Wildland- Urban Interface Fire Area . The building construction shall comply with the provisions of Sect ion R327 of the Cal ifornia Residential Code or the California Building Code (CBC) Chapter 7 A ., as applicable. Note that vegetation clearance shall be in compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning Department for related landscape plan requirements. 84. FIRE SPRINKLERS REQUIRED : An automatic resident ial fire-sprinkler system sha l l be installed in one-and two-family dwellings as follows: In all new one-and two-family dwellings and in existing one-and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception : A one-time addition to an existing building that does not total more than 1,000 square feet of building area . Note: The owner(s), occupant(s), and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modifications or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application, and appropriate fees to this department for review and approval prior to beginning their work. CFC Section 313.2 as adopted and amended by LGTC. 85. CONSTRUCTION FIRE SAFETY : All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification Sl-7 . Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chapter 33. 86. ADDRESS IDENTIFICATION : New and existing bu i ldings shall have approved addres s numbers, building numbers or approved building identification placed in a position that is plainly legible and vi sible from the street or road fronting the property. These numbers shall contrast with their background . Where requ ired by the fire code official, address numbe rs shall be provided in additional approved locations to facilitate emergency response . Address numbers shall be Arabic numbers or alphabetical letters. Numbe r s shall be a minimum of 4 inches (101 .6 mm) high with a minimum stroke width of 0.5 inch (12 .7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other signs or means shall be used to identify the structure. Address numbers shall be maintained. CFC Section 505 .1 N:\DEV\CO NDITI ONS\2017\Alpine 26.docx July 20, 2017 Dear Lo s Gatos Planning Com mi ssion a nd Community, RECEIVED JUL -2 0 2017 TOVVN OF LOS GATOS PLANNING DIVISION My wife Susan and I are sure you've heard many stories of families with th e same dreams ofliving in the Town of Los Gatos. Although our 'story' may look like a long read from thi s letter, I'll provide yo u with the succinct point and then you ca n read our family story below. My wife and I moved to Los Gatos 25 years ago and this is where we want to stay through our retirement and the birth of our first grandchild early next year. Los Gatos is the only home and neighborhood our daughters have ever known. They have been shaped by the community here and have chosen to make Los Gatos their home as they start to raise their own families. Our s tory probably mirrors m any of the young Los Gatos families living an exci ting life at the epicenter of Silicon Valley; experiencing the greatest innovation era of all tim e. Our California journey began in 1988 with a technology company relocating our family with an 8-month-old daughter in-toe from Connecticut. We toured many South Bay areas looking for the right sense of community, schools, great weather and vibrant culture for our new hom e, and instantly connected and fell in lov e with the beauty and serenity of Los Gatos. At that early s tage of our family life, we couldn't afford to buy a home in Lo s Gatos, but we never gave up on our drea m . Finally in 1992, as a young family, with two beautiful daughters and our o ld est entering kindergarten, we moved to a rental property on Cherry Blossom Lane in the Manor. As w e settled into our life in Los Gatos w e reali zed the town we h a d hoped to call hom e was indeed the b es t place to raise our young family and four years later we were lu cky enough to be able to afford our very firs t Los Gatos home on Johnson Avenue. Our girls Alexandra a nd Jordan attended Louise V an Meter Elementary School. We especially lov ed the insane yearly Halloween parade of 'Trick or Treaters' on Johns on Avenue. The n e ighborhood came a li ve with everyone trying to show their s pirit of the holiday with the scariest house. In 2001, with teenage girls and now lots of ni eces and nephe w s who moved n earby, w e need e d a bigger home. We w ere able to purchase a beautiful fam il y home at 38 Alpine Avenu e that was a s pecial place for u s. No t only did we get to stay in the same neighborhood and continue to build on the friendships we had ma de there, but it a ls o beca me a pl ace for the Lo s Ga tos middle and hi gh sc hool kids to hang out Th ere w ere always large groups of kid s at our house either hanging out in the s wimming pool or enjoying out 'rec room' on the ground floor. There was n ever a dull moment and made for many enduring m emories. We called 38 Alpine Avenue home for 15 years and loved every minute of our time there as a family. Recently, our oldest daughter Alexandra and h er hu s band purchased a hom e in Los Gatos not far from where s h e grew up and they are pregnant with our first grandchild. We've always been a fam ily that loved a nd respect ed n a ture and grew to love it more with the setting of our house on Alpine Avenue that was s urrounded by beautiful native trees a nd a creek running behind our house. As so m eone who truly cares about th e planet, our environme nt and th e b eauty and power of nature, I was fortun ate e nough to b e asked to join the Board of Directors at WildLife Direct with Dr. Richard Leakey as our Chairman. Dr. Leaky authored the book "The Sixth Extinction: Patterns of Life and the Future of Humankind" wher e he predicted the devastating impacts of climate change. In 2012, fo llowing my unwavering commitment to doing wha t I could to do my p a rt to e n s ure a future of sustainability a nd a nurturing of our beautiful planet, I acce pted a two-year executive position at SolarCity -an Elon Mu s k company-where we lead a solar revolution r a di cally r educing fo ssil fu e l e lectricity consumption and thereby elim inating half a million metric tons of C0 2 from the atmosphere. I then was asked to return in 2016 to h elp orchestrate the Tes la acquisition ofSolarCity, EXHIBIT 5 integrate the companies and run the Tesla Energy Sales and Customer Experience groups. I'm sure you're wondering why all this matters in the context of this letter. Several years ago we purchased a lot on 26 Alpine Avenue to build our retirement home, right next door to 38 Alpine Avenue, where we lived for 15 years. We thoughtfully selected 26 Alpine Avenue because of the beautiful hillside, abundant trees, creek and serene setting. We partnered with local Architect, Tom Sloan, who helped establish the Los Gatos Hillside Development Standards and Guidelines, and long-time local Los Gatos Builder, Dave Zicovich. We set out with a vision to create a home that would follow the natural beauty of the hillside, preserve the tranquil habitat, produce a low environmental footprint, enhance the community and create a Zen influenced environment for my wife, our daughters and grandchildren. We are proud of our unique, custom, "Zen" home, it's a design that fulfills our lofty goals and brings value to the Los Gatos community. The new home design literally grows out from the natural contours of the property with no over-bearing and intrusive retaining walls or destructive grading. The design of the house and surrounding landscape allows us to retain over 80% of the trees which was critically important to us and we will preserve the natural beauty of the property. We are grateful for having spent a quarter of a century living and contributing to our home community of Los Gatos . Our family continues to experience the "magic" of Los Gatos and we are excited to build our retirement home in a place that has provided us with a unique lifestyle, a balance of nature and nurture and an opportunity for our expanding family to call home for generations to come. Thank you for listening to our story, Toby and Susan Corey METRO DESIGN GRO U P Corey Residence 26 Alpine Avenue Project Description RECEIVED JUL 2 U 2017 TOWN OF LOS GATOS PLANNING DIVISION The site is located within the R-1-20 zoning district with steep topographic conditions and an average slope of 41 % and extensive tree coverage. The site includes several natural features such as a seasonal water course, steep grades, multiple mature trees and 2 street frontages on Alpine Ave . as well as Jackson St. These distinctive site conditions within an established neighborhood dictate that design opportunities for the residence are limited . The home is designed on two levels that assimilate into the natural terrain and natural contours of the site. Grading for the home is limited essentially within the footprint thus enabling the residence to appear as if it has grown out from the site rather than placed upon a level graded surface that would result in an un-natural contrived appearance . The siting of the home preserves the most healthy and valuable trees in site that result in framing the residence from Alpine and screening the residence from Jackson Street. The proposed residence is sited well below the neighbor located uphill and has an excessive setback distance to the downhill neighbor. This sensitivity to providing visual privacy benefits the owner as well as the neighbors. The Architectural style uses contemporary forms that respect the characteristics of the site rather than traditional home styles that are usual constructed on flatter lots. The building materials and architectural elements harmonized together with contrasting light and shadow to emulate the site natural features. The floor area for the proposed residence is of modest size relative to other surrounding homes and includes private outdoor living space that integrates directly to the habitable spaces . The home incorporates minimal outdoor spaces into the architectu re of the residence, leaving the remaining site in its natural state. The inhabitants of the home are treated to a lifestyle that brings in the surrounding natural setting inside the home's primary living spaces. Daylighting into the residence along with privacy is provided in portions of the home using a highly insulated, fire-resistant product called Ka/wall. Natural sunlight into the main living space is only provided by the south facing widows located within a light well. £X HIBll.6 1475 SOUTH BA SCO M , SUITE 208, CAMPBE LL, CA 95008 •TELEPHONE (408) 871 -1071 •FAX (408) 871 -1071 Sustainable Design Elements and Green Building Products used in the design include but are not limited to the following: • Pre-wired for integrated PV Solar Panels and electric vehicles • Green -Eco Roofing system • Recycled and reclaimed Building Materials • Precast Concrete Permeable Eco -Pavers • Radiant Floor Heating System • Kalwall -translucent wall panels • Compliance with Residential Design Guidelines 1.) The Allowable Floor Area for the residence is 2,614 sq.ft. and the proposed Floor Area for the residence 1,993 sq.ft .. The allowable Garage area is 735 sq .ft. and the proposed Garage is 558 sq .ft. A substantial portion of additional floor area for this residence is integrated with a subterranean "cellar" level, daylighting on the downhill side of the residence. 2.) The Street Presence of this home skillfully integrates the floor area into a contemporary massing which steps gracefully with the natural contours of the site. An eclectic and varied neighborhood architectural character and setback distance from the street along with an atypical site necessitates a creative architectural solution. The proposed house uses diminishing building height to emulate greater setbacks from the street and a low profile, deeply articulated fac;ade to relate to the natural setting. 3.) The Form and Mass of the proposed residence are intended to relate and augment the dramatic site conditions then to maintaining a typical neighborhood street edge. The entrance was comprehended as negative space between the forms of the building rather than prominent and conspicuous architectural elements 4.) The Garage is also designed to be conspicuous; deploying a surface that matches the typical buildings siding and no distinctive door frame, the garage virtually vanishes as an architectural element. Additionally it is positioned along with a short driveway to take advantage of the difficult site conditions while providing safe ingress and egress. The project intends to take advantage of existing curb cuts in the street and reuse the existing driveway a safe way to for guests to park on site. On-street parking along Alpine Avenue's narrow roadway in not considered as a safe option. 5.) The intent for the Site Development is to leave much of the existing natural landscape in place . The residence is sited to complement and maintain the wooded character of the existing site to the greatest extent possible was seen as being sensitive to the existing neighbor's concerns. 6.) The Building Design Principles that were used for this project did not assimilate the incongruence of architectural styles and elements established along Alpine Avenue. Rather, as discussed above, it was the outcome of the complex site conditions and passion to undertake a sustainable design that lead to the p arti pris. A compilation flat roof planes at varying heights have been designed to support solar panels and a vegetated eco-green roofing system that mutually work together to create a sustainable and environmentally friendly residence . Exterior building materials were selected solely because they were high quality, sustainable, green, maintenance free, and fire-resistive. The proposed res idence combines timeless bu ilding materials and modern structural technology and design into a naturalist's aesthetic. The primary building finish is the exterior cedar siding. Using an ancient Japanese woodworking technique called "Shou Sugi Ban", the cedar siding planks are hydrated then charred on the exterior surface, transforming it to a dark gray glaze that in turn creates a fireproof finish . The dark coloring will reduce the visual impact of the house and recede into the forested background. Additionally, rustic horizontally stacked stone walls will accent and bifurcate the massing elements while diminishing the bulk and mass of the residence . The jagged texture of the stone walls will appear darker because of the shadows being cast upon itself. The transparency of the glass guard railings are intended to recede and accentuate the modulating wall and roof plains. Deep overhanging balcony and roof planes were designed to cast shadows upon the walls that ultimately fuse the entire residence into the forested context. Windows and Doors are not designed as simple openings in wall planes but rather as transparent and absent wall planes that provide the occupant and observer an ability to communicate the exterior and interior environments. The taller wall and roof planes highlight this inside fo outside relationship and create a living environment that is highly interconnected to the natural environment that surrounds the residence . The taller walls in the main living space are also required to allow south facing natural light to enter the home above the retaining walls located on the uphill side of the residence. The roof surface will be a combination of an eco-green roof and metal standing seam. The metal standing seam will be a dark bronze color that matches the metal clad door and window frames and balconies support elements. The Eco Green Roof is proposed on an uphill portion of the residence that is closest to the large surrounding oak trees that loom nearby and is likely to continuously shed their leaves. The eco-green roof system requires less maintenance and is more sustainable, is a tremendous insulator of air and sound, reduces storm water runoff and associated pollutants and reduces the "heat-island" effects and provides an agreeable aesthetic surface facing the neighbors. Together, both roof systems will harmonize with the natural environment and provide the uphill neighbor with a direct view over the top if the new residence. The driveway will be paved with a permeable pre-cast concrete paver system that is 100% permeable, allowing storm water to dispose into the natural aquifer and capture pollutants and heavy metal particulates from runoff into the local streams. Compliance with the Guidelines & Standards for Land Use Near Streams • Unlike neighboring properties that gain access to the site over an ephemeral/ seasonal watercourse located along the easterly side of Jackson Street, this site is accessed from Alpine Avenue. Also unlike the neighboring sites, there will be no disturbance or diversion of the watercourse proposed along the Jackson Street for this project. A Soil Stability Analyses was completed for this property that addresses both the steep site gradients as well as the hydrological conditions such as a potential of liquidation during a seismic event. The Geotechnical Report indicates "the proposed construction will improve the site stability". • The Guidelines & Standards for Land Use Near Streams section II.(E) indicates that a Soils Stability setback of 20 to 25 feet plus an additional 5 feet due to the site being larger than 10,000 sq.ft. Due to the source of the water-course being storm water run-off, it could be categorized as an "ephemeral stream". A required setback of 25 to 30 feet from the "top of bank" is required . As designed, the project has a cantilevered overhang 26'-10" away from the top of creek bank with the nearest foundation element setback 30 feet from the top of creek bank. • The closest manmade disturbance proposed will be setback greater than the minimum 25 feet from the top of the bank. • Storm drainage outfall is located up hill and a great distance away from the top of back to ensure that any storm water that should be deposited into the stream will be treated from several source controls that have been integrated into the Grading and Drainage Plans for the project. Compliance with a portion of the Hillside Design Standards 8r. Guidelines • Justification for Development outside the LRDA -With the vast majority of the site having a slope of over 30 percent, the solution for this dwelling required a non- traditional solution in order to fulfill the "vision" of the HDS&G. Siting the entire development within the LRDA was not going to be possible and meet the owner's modest necessities for a home. The largest areas of the LRDA are located within the setback areas leaving 2 small and irregular areas to locate the proposed development. The architect sought to find the best location that could create an outstanding project meeting the intent of the HDS&G by 1.) Maintaining the open wooded character of the site, 2.) Harmonize with the natural setting, 3.) Conserve the natural landforms, 4.) Preserve the natural habitat, and 5.) Protect the view-sheds. The one area that provides the most level surface to construct a residence is located at lowest portion of the site and along the northwesterly property line. This location would create privacy impacts between the neighbors living at 27 Jackson Street and the owners of the proposed residence. This level area on the site has several oak trees that could provide screening from the alternate building site and would otherwise need to be removed in order to construct a new residence. It is also an area disposed to to flooding. The best and preferred alternate location to site the residence has an LRDA extending the entire length of the Alpine Road frontage, providing a gently sloping frontage facing Alpine Avenue that follows most moderate contours of the site. The proposed driveway enters the site straight into the Garage providing safe and level egress and ingress and requiring virtually no amount of grading. While a portion of the existing house is located outside the LRDA, an observer on Alpine Road views the residence as being within an LRDA due to the residence's complete integration into the hillside; following the natural contours and landforms. All retaining walls are integrated into the architecture, thus rendering them imperceptible from any surrounding location thus meeting the intent of Section III of the HDS&G for Site Planning to reduce physical and visual impacts. Storm Water collected on the roof and paved surfaces are all collected at the source and directed into vegetated swales and drainage courses that have been designed to integrate into the natural contours and collect and disburse storm water uniformly into the natural aquifer. • Justification for the Ma in Floor plate height -relative to the immediate neighborhood. The architecture of this project is derived out the site conditions, sustainable design principles and the dient's necessities. Within the significantly wooded site, natural sunlight is a limited . The orientation of the hillside dictates that the largest wall surfaces face downhill and to the north. Taller glass surfaces will provide sunlight into the residence providing daylighting and eliminating the need to supplement with electrical lighting. The taller window and door planes achieve a deeper, highly interconnected relationship between the interior living environment and the encompassing, natural environment. The taller walls in the main living space are a required to allow south facing natural light to enter the home above the retaining walls located on the uphill side of the residence . Natural sunlight is required to provide a healthy interior environment and provide for the health and welfare of the residents. There is a long list of health benefits that come from natural sunlight that includes killing bacteria, lowering cholesterol and one's blood pressure and building the immune system. The project has traded the removal of an urban forest to provide outdoor space with a smaller footprint and smaller outdoor areas that have been integrated into the architecture of the home . Professionally Submitted, Tom Sloan AIA Principal Architect August 29, 201 6 Ms. Joyce lyn Puga C ommunity Development D epartment Town of Los Gatos 110 E. Mai n Street Los Gatos, CA 95031 RE: 26 Alpine Avenue Dear Jo cely n: ARCHITECI1JRE PLANNING URBAN DESIGN I reviewed the draw in gs, and v isited the site. I previously reviewed a proposed n ew ho me o n chis site in 2006. My comments and recommendations are as follows: Neighborhood Context The site faces both Alpine Avenue and Jackson Street on steeply sloped site with h eavy tree cover. The adjacent co ntex t on Alpine Ave nue is very eclectic with both smaller homes and much larger homes in close prox imity. Photographs of the n eig hbo rhood are shown o n the following page. 700 LA RKS PU R LANDI NG CIRC LE . SU ITE 199. LA RKS PU R . CA . 94939 EXHIBIT? TE L: 4'15 .33 '1.3 7 9 5 CDGPL AN @ PAC BHI .NET View to t he site on Jackson St reet Immediatel y adjacent home t o t he left on Al p ine Avenue Nearby home on A lp ine Avenue Nearby home on Alpine Avenue CANNON DESIGN GROUP 26 Alpine Avenue Design Review Comments August 29, 20 16 Page 2 View lo t he site on Alpine Avenue Immediately adjacent home lo the right on Al pine Avenue Nearby home on Alpine Avenue Nearby home on Alpine Avenue 700 LARKSPUR LANDING CIRCLE . SUITE 199 . LARKSPUR . CA. 94939 Issues and Recommendations 26 Alpine Avenue Design Review Comments August 29, 2016 Page 3 The proposed house is contemporary in arch it ectu ral style and very well designed with a grea t deal of articu lation and d etail appropriate to its style -see Alpine Avenue sketch and other proposed elevation s below. Proposed Rear f/evation Proposed Left Side Llevation Proposed Right Side [/evation CANNON DESIGN C RO U P 700 LARKSPUR LANDI NG C IRCLE . SUITE 199 . LAR KSPU R . CA. 94939 26 Al p in e Avenue Design Review Comments August 29, 2016 Page 4 Whil e the architectu ral style is different from others in the immediate n eigh borhood, the scale of the h ome related to Alpine Ave nue and other near by ho m es would b e complementary to the streetscape. The substantial tree cover will largely obscu re views to the h o use from Jackson Srree t and w ill filter views at the Al p ine Ave nue facade -see context aerial photo below. My o nly recommend ation would b e to consider eliminating th e circul ar driveway element at th e front of t he house. Although the • vestiges of a driveway currently exist in that location, the circular d riveway would be inconsistent with Res idential Design G uide- line 2.4.4. Landscaping in lieu of paving unless i--__,~.__~~· absolutely necessary for egress CANNON DESIGN GROUP 700 LARK SP UR LANDING C I RC LE . SUITE 199 . LARKSPUR. CA. 94939 I have no other recommendations for changes. 26 Alpine Avenue Design Review Comments August 29, 2016 Page 5 Jocelyn , please let me know if you have any question s, or if there are other issues thac I did noc address. Sincerely, CANNON DESIGN GROUP Larry L. Cannon CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE. SUITE 199 . LARKSPU R . CA . 94939 This Page Intentionally Left Blank r I ~rtiilan 1Lanbilcapeg -~rboriilt ~erbiceil Gareth Jones, Certified Arhorist WE-8379A ArtisanLandEscape s@ Gmail . Com 12150 HWY 9, Boulder Creek, Ca. 95006 (408) 674-7856 P ag e I I PRELIMINARY TREE SURVEY PLAN & TREE PRESERVATION REPORT Rev . 2 June 26 , 2016 Attn: Susan B. Corey 26 Alpine A venue Los Gatos, Ca. 95030 FOR 26 ALPINE A VE, TOWN OF LOS GATOS Note: This is revision 2 of this arborist report, Dated 6/6/2017. Revised to address Jocelyn Puga 's review letter dated May 25 1 \ 2017 . Table of Contents Table of Contents .......................................................................................................................................... 1 Assignment ................................................................................................................................................... 2 Methods ........................................................................................................................................................ 2 Purpose ......................................................................................................................................................... 3 General Site Observations ............................................................................................................................ 3 General Suggestions for proposed development. ......................................................................................... 4 Tree specific and Proposed Development Specific Notes: ........................................................................... 5 Appendix A-Complete Tree Survey Table .................................................................................................... 11 Explanation of Tree Table Columns ........................................................................................................... 11 Appendix B -City of Los Gatos Tree Protection Standards .......................................................................... 16 Appendix C -Glossary of Terms .................................................................................................................... 17 Appendix D -Works Cited ............................................................................................................................. 19 Appendix E -Certification of Performance .................................................................................................... 20 Appendix F -Tree Survey Drawing and Tree protection Plan Gareth Jones , Certified Arborist WE-8379A-ArtisanLandEscapes@ Gmail.com (408) 674-7856 12150 HWY 9, Boulder Creek , Ca. 95006 JEXfflBIT 8 ( ( Pag e 12 Assignment Mrs. Corey contacted me on June 151\ 2016 and asked if! would like to perform the arborist reporting duties for a proposed developme nt of new Hills ide property in Los G a t os. I rev iewed the town code and agreed to b egin by performing a preliminary Tree Survey Plan & Tree Preservation Report. Sec. 29.10.1000. New property development. (a) A tree survey s hall b e conducted prior to submittal of any development application proposing the removal of or impact to one or more protected trees. The development applicati on shall include a Tree Survey Plan and Tree Preservation Report based on thi s survey. The tree survey inventory numbers shall correspond to a numbered metal tag placed on each tree on site during the tree s urvey . The tree survey plan shall be prepared by a certified or consulting arborist, and shall includ e the following information: (I) Location of all existing trees on the property as described in section 29.10.0995 ; (2) Identify all tre es that could p otentially be affected by th e p roject (directl y or indirectly-immediately or in lon g term), such as up slope grading or compaction outside of the dripline; (3) Notation of all trees classified as protected tre es ; (4) In addi tio n , for trees four (4) inches in diameter or larger, the plan shall spec ify 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 s urvey plan shall be reviewed by the Town 's consulting arborist who shall, after making a field visit to the property, indicate in writing o r as shown on approved pl ans , whi ch trees are recommended fo r preservation (based on a retention rating of high/moderate/low) u sing, as a minimum, the Standards of Review set forth in secti on 29.10.0990. This plan shall be made part of the staff report to the Town reviewin g body upon its consideration of the application for new property development ; Methods On June 161h I visited the site and v isually inspected the crowns, branches, trunks, root collar s , above ground roots, cavities, and s ite conditions of all the trees 4" and larger in diameter a t breast heigh t (DBH) within. 15 ' of the PL. I nailed a numbered aluminum tag to each tree, measured th e DBH (Diameter at breast heigh t) with a loggers/diameter tape, meas ured the approximate height and w idth of canopy with a di stance la ser, a nd recorded sp ecies , standard condition r a tings for various parts of th e tree and tree specific ~rtisan Jl.anbscapes · ~rborlst ~erbices Gareth Jones, Certified Arborist WE-8379A -ArtisanLandEscapes@Gmail.com (40 8) 674-7856 121 50 HWY 9, Boulder Creek, Ca. 95006 f ' Page 13 notes for trees potentially affected by the proposed project. I compiled this information in this report and locations on the recent topographical survey attached. I also rated them per "The Guide for Plant Appraisal (9th edition, 2000)" and assigned rough values based on the Trunk Formula Method described therein using values given by the "Supplemental Species Classification and Group Assignment-A Regional Supplement to the CTLA guide for plant appraisal, 9th ed. (WCISA, 2004)" . I performed a rough test of reasonableness by checking that the total of the tree values (approximately 300k) against the property value. Trees have been known to contribute up to 20% of the value to a property, so this does not seem totally out of line. I also reviewed the latest proposed plans "Proposed Site Plan -Corey Residence" by Metro Design Group, dated 7-28-16. See Attached Tree Preservation Plan for this. Purpose The purpose of this survey is to satisfy section 29. l 0.0990 for new Hillside Development and more specifically for review by the towns 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. General Site Observations 1. The Site is a densely wooded hillside falling into a riparian corridor with a nice mix of a typical young native forest , an understory of coast live oak, bay and buckeye overarched by some larger live oaks and quite a few fine young valley oaks climbing up from the creek. 2 . There is a pocket of Phytopthera ramorum (The not always lethal fungus responsible for sudden oak death ) that apparently came through the front of the property (Live oaks #6 & #8) show signs of healed over P.ramorum cambial dieback at the base) and down into the riparian corridor (Quercus agrifolia #36 has an active canker) and perhaps some of the surrounding bays as indicated by some leaf spots) and will now work its way upstream from the base of the hill. This could be slowed by removing some of the small bays in between infected trees and those that are apparently free of disease. (Tedmund J. Swiecki, 2008) l!lrtisan Jl.anbscapes -l!lrborist ~erbices Gareth Jones, Certified Arborist WE-8379A -Arti sanLandEscapes@Gmail.com ( 408) 6 74-78 56 12150 HWY 9, Boulder Creek, Ca. 95006 / I General Suggestions for proposed development. ( 1. Tree Protection Distances: Predicting where the actual roots are is very difficult but some standard distances may be applied for design consideration. The ideal protection zone would be 1 foot of tree protection for every inch of diameter, thus a 12" DBH tree would have a 12 ' diameter protection zone around it. If absolutely nece ssary one can encroach up to 3x the DBH on one side and 5 x the DBH on several sides and retain most of the structural roots. These exceptions will allow a younger and more vigorous tree to survive construction but care must be taken with older or weaker trees as the y are much more sensitive to change. These distances are shown on the Tree Protection Plan as the 3 dotted circles surrounding trees that are affected by construction. 2. Driveway Paving: Pervious pavers are shown on the proposed plan. The concept of pervious pavers is good, however in actuality they are often specified for installation over very deep sections (2-4 ') of impermeable class 2 base rock compacted to 95%. This totally negates any water passing through and requires excavating to a great depth, effectively destroying any existing roots. It also requires an even deeper retaining structure. By using a more traditional impervious paving such as concrete one typically only needs 4" of base excavation, little or no edge retention and one might even retain the existing base section and place any new required base on top of this . This of course is up to the client, architect and engineer but I thought it was an observation worth noting as trees #2, 3, 6 & 8 will have large roots in the area to be repaved . #2 may have large structural roots, and #6 & 8 are older and more sensitive to change and must be given every advantage possible. §rtis-an JLanbS'capeS' -§rboriS't i>erbiceS' Gareth Jones, Certified Arbori st WE-83 79A -Arti sanLandEsca pes@Gmail.com (408) 674-78 56 12 150 HWY 9, Boulder Creek, Ca. 95006 ' I 'Page 15 3. Fencing/Retaining wall structure: I would , as shown on the attached tree protection plan, place all of the rest of the site behind a tree protection fence. I don't know what kind of retaining structure will be specified on the uphill side, but perhaps a gunnite style wall might be considered, if feasible, in order to maintain as much of the root system for trees 6 , 7 & 9 as possible. Normal retaining walls require 3-4' of over excavation, construction of forms and placement of drainage structures. Gunnite walls can have bored footings, and insulation/drainage structures placed directly against the dirt and then gunnite applied directly to this, requiring almost no over excavation. I am not an engineer or class A contractor so I don't know if this is feasible, or perhaps if smaller over excavations are possible but merely as suggestions toward using a retaining wall system that minimizes the intrusion into the tree protection zone and delicate surface root mat of 6 , 8 and 9 who are all mature, and therefore more sensitive to change. 4. All excavation that is within the defined tree protection zone (Inches DBH in feet) as shown on the attached tree protection plan shall be performed under the the supervision of a certified arborist. This is pretty much all the demolition of the driveway and the excavation of the new driveway and retaining structures, including the back of the proposed residence. All roots over%" should receive clean cuts with a pruning saw. 5. Tree protection will be according to Los Gatos Tree Protection Standards. See Appendix B. 6. The viewshed would not be affected from either Alpine or Jackson. The percent of tree cover would still be more than approximately triple any of the neighboring parcels. The net reduction in canopy area for the proposed removals would be less than %13 ( 2,027sq ft/16,238sq ft) sq ft from cad) and the site would still have 71 percent canopy cover. Tree specific and Proposed Development Specific Notes: All trees and their ratings and protected status are g iven in appendix A. #1-(Retain and Protect) This young coast live oak is nice but its proximity to the existing paving edge will create problems for it. The designers have changed the driveway to give this tree adequate room to flourish in the long run. Demolition of the existing driveway should be done with care next ~rtisan Jlanbscapes -~rborist ~erbicrs Gareth Jones, Certified Arbo ri st WE-8379A -ArtisanLandEscapes@ Gm a il.com (408) 6 74 -785 6 12150 HWY 9, Boulde r Creek, Ca. 95006 ( (,- P n g e l 6 to this tree. Backfill after removal of driveway should be uncompacted. #2-(Retain and Protect) Big blue gum mostly located on neighboring parcel. Some care should be taken protecting roots in paving operations and protection of the root zone during construction. #3-(Retain and Protect) Nice Live oak, lopsided from being under previously removed eucalyptus but should fill in nicely over time. Again root zone needs protection during construction. #4-(Retain and Protect) Same as 3. #5-NA (no tag in numbered set) General comment for # 6, 8 &9; Once oaks reach maturity, they have less tolerance for changes in root area and canopy. They can survive off of reserves for a while but then several years later succumb to whatever pest or fungus is around as they cannot mount a sufficient defense. These trees just went through a historic drought, survived sudden oak death attacks, which reduce cambium and nutrient supply up and down the trunk, have perhaps a quarter of the canopy a wild oak would have, have either recent development or hardscape on one side and so they are most likely pretty fairly low on reserves. You must be very sensitive to development and th e root zones must be preserved as much as practically possible in order for them to make it through the next 3 years following construction. #6 -(Retain and Protect) Nice established coast live oak that appears to have survived and healed over a virulent attack of P. ramorum judging by the scarring and healing over at the base. Has some scaffold cavities and a pretty sparse canopy .. #7-(Proposed remove) A black acacia that in addition to being a virulent pest is well situated so as to broadcast seed into the waterway, has a codominant trunk with extreme angle and should be removed from an environmental and structural standpoint. Suggest removal then immediately panting the stump with more than 55% glyphosate in order to kill the root system. Dispose of chips s eparately at the county waste facility so as to not spread seeds everywhere. #8 -(Retain and Protect) Another nice established live oak that appears to have nicely healed over from a P . ramorum lower cambial die-back and has a little fuller canopy than #6 also with some ~rtiS'an llanbS'capeS' · ~rboriS't ~erbiceS' Gareth Jones, Certified Arbori st WE-8379A -Arti sanLandEscapes@Gmail.com (4 08) 674-7856 12150 HW Y 9 , Boulder Creek, Ca. 9500 6 Poge 17 cavities in the main scaffold. This also needs fierce protection of the root zone in order to keep it from the tipping point as it, #6 & #9 are a focal centerpieces. #9-(Retain and Protect) An established older live oak straddling the property that needs as much protection of the root zone during construction as possible. The adjacent side has been fairly recently disturbed with hardscape & landscaping. See general notes on proposed site development for ideas on maximizing protected root zone to give this old veteran and focal centerpiece a fighting chance. #10-(Proposed remove) A coast live oak shown below to the right who appears to have lost most of its main trunk a while back. There a large oozing pocket of rot working its way down the middle of the trunk from the break. It retained a side branch and has regrown a small canopy from epicormic sprouts that have a larger possibility of failure down the line once they eventually support a full canopy. This coupled with the large rotting canker working its way down the broken trunk indicate poor chances of it eventually recovering into a structurally sound, established tree. I believe the proposed plans call for its removal and while it does have some wildlife value its removal would not alter the overall canopy view shed from either adjacent streets or houses. #11-(Proposed Remove) An ancient peach? Shown above to the left, that is rather long in the tooth §rtlS'an Jlanl:JS'taptS' -§rboriS't ~trbittS' Gareth Jones , Certified Arbori st WE-8379A -Arti sanLandEscapes@Gmail.com (408) 674-7856 12150 HWY 9, Boulder Creek, Ca. 95006 ( Page 18 and lost most of its scaffold branches in the last drought. # 12-(Proposed Remove) Another Oak that would need to be removed in order to build the presently proposed residence. It has a fairly nice canopy although all of the tree is leaning to one side of the trunk which would indicate a higher propensity to fall over in a saturation event and it is over the house electrical drop for the neighbors. The top of this oaks canopy is just barely visible from Jackson St. and fairly visible from Alpine but there are trees behind it to protect the green viewshed, were it to be removed. Trees # 13 through #31 would be unaffected by the development proposed in the reviewed plans, Excepting #s 21, 22 and 26 who may lose some root mass to grading and excavation. They are fairly young and vigorous and should be ok but care needs to be taken with clean root pruning cuts. #32-(Proposed Remove) An 8" bay tree shown below to the left, of little use except as a vector for P . ramorum . #33 -(Proposed Remove) A 24 " DBH live oak seen below in the middle that appears to have lost its trunk from about 6 ' up some time ago . The previous normal branch structure has been replaced with epicormic sprouts forming a very small canopy (for DBH) that will never form solid unions with trunk. The tree has little long term value as it will eventually suffer failure of its improperly joined codominant scaffold limbs as they gain leaf mass and be eroded from within by cavities from the old wound underneath . #3 4-(Proposed Remove) A small Oak with heavy lean shown below on the right. m:rtisan 1!.anbscapes -m:rborist ~erbices Gare th Jones, Certifi ed Arbo ri st WE-8379 A -ArtisanLand Escapes@Gmail.com (408 ) 6 74 -78 56 121 50 HWY 9 , Boulde r Creek, Ca. 95 0 06 #35-(Proposed Remove) A small buckeye being choked out by the ascending forest. #36-(Proposed Remove) A s ma ll oak with an oozing, active P. ramorum canker. P ag e /9 #37-(Proposed Remove) A small bay with what may be P. ramorum spots on leaves but is s ure to be infected due to proximity to #36 and shou ld be removed before it broadcasts more active inoculum from high in the canopy. #38-through #56 would be unaffected by the development proposed in the reviewed plans . ~r t iS'an JLanbs-capeS' · ~rboriS't ~er\JiceS' Gareth Jones, Cert ifi ed Arbori st WE-8379A-Arti sanLa nd Escapes@ Gmail.com (408) 6 74-78 56 12 150 HWY 9 , Boulder Creek, Ca. 95 006 I I ( #57-(Proposed Remove) A leaning bay with codominant stems and poor structure. Pagel JO #58-(Proposed Remove) An ancient Mexican elderberry with a half dead and decayed trunk that is being choked out by the ascendant forest. mrtisan Jlanbscapes . mrborist ~erbices Gareth Jones, Certified Arborist WE-8379A -ArtisanLandEscapes@Gmail.com (408) 674-7856 12150 HWY 9, Bo ulder Creek, Ca. 95006 ( Page Ill Appendix A-Complete Tree Survey Table Explanation of Tree Table Columns • ID#: Number on aluminum tag on tree and number on attached plans. • Species: Scientific name for the tree. • Affected By Proposed Construction: Yes or no to whether the tree will be affected by the proposed construction. • Proposed Action: Removal or protection of specified tree required for impl ementation of proposed construction. • Protected Tree: Y=yes or N=no whether it is a protected tree according to LG code. • Approximate Height in feet: Distance from ground to top of canopy, measured with a distance laser. • Diameter at Breast Height in". Diameter of the trunk measured at 4.5 ' above the ground level in inches. • Canopy Spread in FT. Distance across canopy at widest point in feet. • Species Rating: A value assigned by the regional plant appraisal committee of the value of a particular type of tree in this particular region. For example a native , long lived tree =1 or 90% and a short lived invasive pest would be a 5 or 10%. • Condition Rating %: An overall condition rating which is an average of the Roots, Trunk, Scaffold Branches, Branches and Twigs, and Foliage and bud ratings. • Roots%: Condition of the roots expressed as a percentage. • Trunk%: Condition of the trunk expressed as a percentage. • Scaffold Branches%: Condition of the scaffold branches expressed as a percentage. • Foliage and buds%: Condition of the Foliage and buds expressed as a percentage. ~rtiS'an J!.anbS'tapeS' -~rboriS't SS>erbiceS' Gareth Jones, Certified Arbori st WE-8 3 79A -Arti san LandEscapes@Gmail.com ( 408) 6 74-7856 12 150 HWY 9 , Bo ulder Creek, Ca. 95006 I Pag e 112 • Location Rating %: An average of site, contribution and placement ratings. • Site%: Relative value of property based on location. • Contribution % : How much the tree adds to the site. • Placement % : The trees placement. • Adjusted Trunk Area in Sq. ": The area in square inches of the trunk. Because value is not related to size directly after a certain size it shifts to a quadratic equation to more accurately capture real value increase with size. • Cost per square inch of trunk: A value based on local nursery and installation costs. The values were obtained from the regional plant appraisal committee. • The basic tree cost: Is the cost per square inch multiplied by the adjusted trunk area for a perfect tree in the perfect location. This value is then multiplied by the location, condition and species modifiers to obtain the Estimated Tree Value. • Estimated Tree Value: The estimated value of the tree as appraised per "The Guide for Plant Appraisal (9th edition, 2000)" using the Trunk Formula Method described therein Some values were obtained from the "Supplemental Species Classification and Group Assignment-A Regional Supplement to the CTLA guide for plant appraisal , 9th ed . (WCISA, 2004) " • l!lrtisan llanbscapes · l!lrborist ~er\Jices Gareth Jones, Certified Arbo ri st WE-8379A -Arti sanLandEscapes@Gm ai l.c om ( 4 08) 6 74-7856 12150 HW Y 9 , Bo ulde r C reek, Ca. 95006 0 ~ : .s - 0 "' @ s-...... 0 = -~ Q ~ 5i (!> 0. -~ c: f-I:. 0 0 t> ..... ! c: " -ti: ,,. Q) .E -,,, 0 0 § I 5 I s _§ ~ .. 0 g CD c i a. i g ~ !? -~ a ~ "' a: j i i § (/J I ~ i >-• <.'l g ,. .. a g 8. 0 8' i i J .. § 0 0 c 'O ~ 0:: 0:: 8 8 ~ ~ N 0 "'1 ::l. ~-...,. ~ 0 :ii :I: ~ ::::: ~ t;l'1 ~ -< 00 :ii ..,, ::s .'-0 .....i Q' '-0 lft. o:i )> s 0 I ti c ~. !"> 0:: lft. (!> .., "' Q "' ~ = g ~ "'1 C' :r 0 0 p 0. "'1 t'l'1 ;;,· "' -(') '-0 ~ ~ ...,. 0 ct !"> 0 "' "'1 °' ® er- 0 ;::; 3 !"> lft. ~ (') 1 Qu:ercus Mrl1a!ia y ~e tam & Protect y 25 35 10 1 87 2 Eu catvmvs o!obu!vs y Rota in & Prolctt y 55 35 32 5 71 J OuefC!Jl$ a~t1fol1a v Retain & Prot~ v 45 40 18 1 85 4 Oueu;us ?Qrifolia v Re tain & Protect y 45 30 18 1 85 5 11:01 U sed 6 O t10rcus al}r lfa~!.-y Re tain & Protr:ci y 45 ~45 26 1 81 7 AC<?cia m ('!ano~y<o n y Remove y 30 lO 12 4 69 8 O ..i.,n:us agn~ct.la v Ret.im & Prolecl y 45 3t) 30 1 88 9 ~cus ag "folia y Retain & Ptotect v 45 40 26 1 79 10 Ooo,cus an n'O"fa v Remove y 25 lO 14 1 61 t1 Pru nus SOP v Remo ve y 20 5 6 4 73 12 Ouercus awrto'ia v Remove v 30 30 18 1 83 13 Eut:a ~-mus lt.obu'us N Retain & Protea v &n 40 45 5 86 14 Ouercus a13rdo!ta N Retam & Protect v 45 30 12 1 91 t S Ouercus aanfa'13 N Retam & Protect y 50 JS 15 1 89 16 Umbel'ulana ca!ifomica N Retam & Protect y 20 20 4 2 82 t i Ouercus ICCafa N ~etain & ProtEct y 50 40 14 1 87 18 Ouercus aun10111 N Retain & Proted v 35 30 14 1 83 0 3 t9 Prunvs son N Reta in & Ptott'ci y zo to 6 4 70 ,-.. ""' 20 Urnb~ria caltlcm!r;a N Reta rtt & Protect v 35 25 11 2 87 0 00 .._, 21 Ou ercu s lcJbat;i y R~m&Protect y 45 35 12 1 90 °' .....i 22 0.1etcus a~ri10!1a v Reta ln & Protect y so 30 13 , 90 ""' .'..i Cll 00 ...,. °' ~~ ,. "" to" t,?. ~ ...., OI 0 i .. , OI g ,_ B c -::: .. ~ ,_.~ t! • c ~ a: m 0 II) c B ~ ;/t. "O ! ..2 (II ..., ~ 0 ~ Cl 1i ;?. 8 :i:: s ~ 5 llJ "' 8 ~ ;:; ~ m 0 ~ a: LL -' 75 90 90 90 90 68 90 85 7 5 55 85 75 75 85 90 75 85 85 85 es 85 90 90 90 85 85 85 85 85 90 90 90 85 75 75 85 75 93 90 95 35 50 75 85 90 67 90 55 85 90 90 90 85 93 91> 95 56 90 75 85 80 95 95 95 45 50 65 75 85 88 90 90 85 85 65 65 65 53 90 20 80 75 85 85 90 87 90 85 65 85 90 85 90 75 90 85 90 95 90 90 90 90 90 90 90 85 90 93 90 90 90 90 90 50 90 90 90 90 90 90 85 85 85 90 85 90 90 so 90 75 8S 85 80 90 90 90 85 50 65 65 8S 77 90 90 75 90 90 90 90 90 9t> 9 0 90 90 90 90 go 90 90 90 90 90 80 90 90 90 90 90 1 : c i E Cl 0 e ~ c .. -c 0 ... ~ ":$ ~'!. ~ :::> E c:T J "" (II & ~ Gt ~ .:!. § a: : 30 79 45.5 90 788 364 90 254 45.5 90 254 45.S 95 531 45.5 55 113 455 95 707 45.5 95 531 45.5 85 154 45.5 50 28 n 85 254 <l5.5 50 1353 364 90 113 455 90 177 455 90 13 77 90 154 77 90 154 45.5 so 28 n 90 95 n 90 113 n 90 133 455 ~ u g .... I- u 0 ..; m $3.~9 $28.636 $t 1,5$2 $11.562 $24.124 $5,139 S3 2,1t7 $24,t24 $6,994 S2.177 S11 .562 $49.200 $5,139 $8.029 $968 $1 1,853 $6.994 $2.177 $7.318 $8.109 $6.031 • ~ ~ ~ ... J I • Ill S1.9Ul S1,73Cl $8.DDll $8.GOCl $1&.400 $71Cl $23,700 $16.JOCI $3.670 S25Cl $7.SOC $3,17Cl $3,79Cl $5..llOtl S50Cl S8.44nl S4.7Ut $350 S401C $6..JUt $4,40( ~ .,, (J~ (1) \>) ......... ) - Q • ~ .s: a e; ~ ..... 0 ::l Jl ~ ::11 2. iii .c c 0 t Q u c ! i -G: .,. :E -ell : § 2> .~ DI • .e c Cl) "C .. .,, 0 I :I: co ID .5 i a -~ .. * Q) -i9 >. ... ~ • .0 c:t g 't> 't> E .! ell i (II Cl) i ·;c & = QI & g j ! 0 ti 0 } -c% ~ 0 ~ 0 8 < ... ct "C 0.. 23 Ouercus agrifolla N Retain & Protect y 25 15 7 1 88 ~ ~ '"I t-.) - VI a· iA." 0 -:::> ::i:: ~ :::: ~ til ~ Oo :::> <.;> :::: .ID -l O' \0 ISl t:O > s 0 I 't:: c: 0: > !'I) 0 ::I. ISl .., ;;;· ~ I» ~ ::l r '"I 0 Cl" ·"'" ::l 0 f,? 0. '"I f;;1 ;;.· .g - \0 ~ VI 0 0 !'I) 0 "' '"I °' ® g: Cl .... 3 !'I) ISl ~ 0 0 3 24 Ouercus aarifolla N Aelain & Protect y 20 15 6 1 85 25 Ouercus lobata N Retain & Protect y 50 55 24 1 89 26 Umbellularia californica y Reta in & Protect y 25 30 12 2 72 27 Quercus anrifolia N Retain & Protect y 45 45 18 1 80 28 Aosculus califomica N Retain & Protcd y 25 15 10 2 84 29 Umbellularia ealilornlca N Retain & Protect y 35 20 12 2 78 30 Ouercus aarifolia N Retaln & Protect y 40 30 12 1 88 31 Not Used 32 UmbeHularia calilornica y Remove y 35 20 8 2 90 33 Ouercus agrifolia y RenioV8 y 40 30 24 1 79 34 Ouercus aQrifolla y Remove y 25 15 11 ·1 88 35 Aesculus calitomica y Remove y 15 10 7 2n 36 Ouercus aQritolia y Remove y 38 15 10 1 89 37 Umbeflularia calilornica y Remove y 30 10 8 2 90 38 Umbeflularia calilornica N Retain & Protect y 40 15 1 2 90 39 Aesculus califomica N Retain & Protect y 40 30 15 2 90 40 Aescutus calilomica N Retain & Protect y 25 10 8 2 87 41 Umbenularia calilornica N Retain & Protect y 40 25 14 2 75 42 Quercus aarlfolia N Retain & Protect y 35 20 8 1 90 ..-. "'" 0 00 .._. 43 Ouercus agrifolia N Retain & Protect y 39 20 9 1 90 44 Quercus aQrilolia N Retain & Protect y 40 20 9 1 89 °' -l "'" 45 Umbellularia calilornica N Retain & Protect y 35 15 10 2 83 ..'...i 00 VI °' a<>. ~~ ell ..:.• ~! 0 o · en "i ~ ~ GI ... c ;: -a! 1? co i c: co ~ ci5 g i I 1 ~ ... "O "' Q) 0 g> ':fl ~ .x u c: z::: ~ 0 8 ~ G> ~ :g ffi a: u.. -' 85 85 90 90 90 88 90 85 90 80 85 85 85 87 90 85 90 es 90 90 90 93 90 95 50 40 90 90 90 47 90 25 85 80 65 75 85 73 85 85 90 70 70 85 90 87 90 85 90 so 70 80 90 47 90 25 85 85 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 35 45 90 90 90 90 90 85 85 90 90 90 90 90 90 80 45 65 85 90 90 90 90 85 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 9{) 75 90 90 92 90 95 95 85 85 90 90 92 90 95 90 75 90 90 90 77 90 50 85 80 65 65 80 87 90 75 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 90 85 90 90 90 90 90 90 85 75 85 85 85 90 90 90 z. .. c s i • 0 ! =. • u c: ~ ·-c Q) ia ;:, ~ ... ;:i ... ~ g J & i ., .i. lll ~ J a: u 90 38 45.5 85 28 45.5 95 452 77 2S 113 77 50 25' 45.5 85 79 45 .5 25 113 77 90 113 45.5 90 50 n 90 452 45 .5 90 95 45 .5 90 38 45.5 90 79 45.5 90 50 77 90 38 77 90 177 45.5 90 !50 45 .5 95 154 77 90 50 45.5 90 64 45.5 90 64 45.5 90 79 77 iii 0 (.) * .::: u ·c1; Ill Cl) $1 ,749 $1.285 $34.834 $8.709 $11.562 $3.569 $8,709 $5.139 $3.870 $20.555 $4 .318 $1.749 $3.569 $3,870 $2.963 $8.029 $2.284 $11.853 $2.284 $2.891 $2,891 $6 .048 • 3 • > I ... J I ~ S1.22C S850 $26,000 $2.050 $6.100 $1,820 $2.220 $3,660 $2.190 $13.200 $3,080 S850 $2,570 $2,190 $1,710 $4.640 $1,070 $5.3!Hl $1,660 $2.110 $2.080 $3,1tit '"O Q) (J::J ~ -~ ~ § : , ~ .s Cl a :r ._ 0 t:l ~ ~ 5i 2. iii ~ c: t GI Q (.) ! c: i -t '# E -Ill i § Et .5 CD .s c Qi ~ ~ 0 0 * J:: CD c • a. u 0 Cl> i a: ~ c% ->-co I-~ Cl c a: c i i I 0 U'I 'C a ~ l = 41 ¢1 .,, ~ u ti ~ t ~ j q) 41 ~ n ~ ~ ct .. cs 8 0.. 46 Oueccu s aa•rtclla N Retain & Protect y 40 30 11 1 93 ~ ta r::r '"' 47 Ouercus agrifolia N Reta in & Protect v 45 30 11 1 95 N 0 :l. ~- Vl "' 0 -;ii ::i:: ~ ::I ~ t;1 ~ -< 00 ;ii w ::I :0 -.J a IO IA. t:D > £ 0 I ts c: 5: > ... IA. n ::1 .... ;;;· (') "' ~ iil ::s n r C' .T ::s 0 (') 0.. '"' rT1 -· ?' IA. \!l - IO "' ~ Vl ..., 0 ~ ... 0 '"' 0\ ® S:. ~ .... ... IA. 48 Pru nus soo N Retain & Protect v 25 10 10 4 72 ·19 Aesculus cahf omica N Reta in & Protea y 20 35 10 2 85 50 Aesculus cahforruca y Retain & Protect y 30 35 24 2 90 51 O uercus labara N Rota rn & Protect y 35 40 18 1 78 52 Oueri:us agritalia N Retain & Protect v 35 35 13 1 89 53 Umbe!tulana californica N Rel3in & Protea y 35 30 22 2 85 54 Ouercus lcbata {Dead; N Retain & Pro!ect y 25 0 24 1 0 55 Ouercus aQutclla N Retain & Protect y 40 20 13 1 85 56 AeSCtJl us califomiea N Retain & Protect y 25 35 12 2 85 57 Umbellularia Cl\hforn11:a y Remove y :ro 30 20 2 82 58 Sambucus me xicana v Remove y 20 35 6 4 45 ~ 8 3 .-.. ""' 0 ~ 0\ -.J ""' ..'..i 00 l.n 0\ ~4 "' # Ill -;l # OI .,, ·;: ~ ~ al .... .E ... ,c -g D -O' fl ..,, l:> 5 f'3 as c ll llS c ~ ?,t ... 't) .2 ..... 0 ~ i:a en .!IC g g' § -..?. ! I ] = ~ I'S ~ C) a; ~ LL -' 85 95 95 95 95 90 90 90 95 95 95 95 95 90 90 90 85 8 0 80 65 6 5 55 90 25 85 85 85 85 85 90 90 90 90 90 90 90 90 90 90 90 60 80 90 80 90 90 90 95 90 95 90 85 90 93 90 95 eo 85 85 85 90 90 90 95 0 0 0 0 0 72 90 75 85 85 85 85 85 90 9 0 90 85 85 85 85 85 90 90 90 85 65 75 85 90 83 90 75 35 15 35 55 6 5 73 90 65 .:IC r c i ::l ::: 0 • t! £ • s J/t Cl> c iii 2 i'~ g. .... ~ J UI 8. J • 3. i.i ~ 0 u 90 95 45_5 go 95 45.5 50 79 n 90 79 45 5 90 452 45.5 85 254 77 95 133 45.5 85 380 n 50 452 n 90 133 45_5 90 113 455 85 314 n 65 28 45.5 iii 0 u a: ...... I- ~ en ~ $4.318 $4,318 $6.048 $3.569 $20.555 $19.594 $6.03, $29,271 $34,834 $6.031 $5,139 $24.19 1 $1.285 .. :::s ii > I .... 1 -! -• w $3.250 $3,320 sm $1.,910 $11,TIMl $12.AOc: S4.51 0 $15.700 $0 S4,15Cl $2750 $11,eoc: $130 " ti> (JO (1) VI .... , ) ( r Page I 16 Appendix B -City of Los Gatos Tree Protection Standards Sec. 29.10.1005. Protection of trees during construction. (a) Protective tree fencing shall specify the following: (I) 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 I 0-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 Ill: 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 2- inch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or branches. (3) Duration of Type I , ll, III fencing. Fencing shall be erected before demolition, grading or construction permits are issued and remain in place until the work is completed. Contractor shall first obtain the approval of the project arborist on record prior to removing a tree protection fence. ( 4) Warning sign. Each tree fence shall have prominently displayed an 8.5 x I I-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 speci tied 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 drip line 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. 2114, §§ l, II, 8-4-03) Gareth Jones, Certified Arborist WE-8379A -ArtisanLandEscapes@Gmail.com (408) 674-7856 12150 HWY 9, Boulder Creek, Ca. 95006 r t ( ' Pagel l7 Appendix C -Glossary of Terms • Butt : The base of a trees trunk. • Canker : A discrete area of dead or malformed bark caused by a pathogen. • Canopy: Extent of the outer layer of leaves of a tree or group of trees . • Cavity : A hole or space within that is significantly different than the surrounding tissue, usually hollow or filled with decayed matter. • Codominant: 2 or more main stems (or "leaders") that are about the same diameter and emerge from the same location on the main trunk and have the same diameter and canopy. These form little to no connective tissue and are significantly weaker than a connection involving a bigger (dominant) and smaller branch . • Conk : Another term for a fruiting body. • Crown : Upper part of a tree, measured from the lowest branch, including all the branches and foliage. • Epicormic Growth : Epicormic growth is a shoots growing from an epicormic bud, which lies latent underneath the bark of a trunk, stem, or branch of a plant. These are normally suppressed by plant hormones but after a topping cut they sprout to form the new canopy. Their connections are only bark deep and attached to an open decay column at the topping cut thus forming branches prone to failure in the future. • Fruiting Body : The fruitbody is part of the sexual phase of a fungal life cycle, with the rest of the life cycle being characterized by vegetativemycelial growth and asexual spore production. • Included Bark : A codominant union that grows together, so the tree forms bark inside the space where trunks should be connected, greatly weakening the union. ~rtiian llanl:licapei -~rboriit ~erbicei Gareth Jones, Certified Arbori st W E-8 379A -Arti san La ndE scapes@ Gmail.com (408) 674-7856 12 150 HW Y 9 , B oulder C reek, Ca. 9 5006 ( Page l18 • Phytopthera ramorum: A fungal disease responsible for sudden oak death. Forms necrotic pockets of cracked and oozing bark at the base of the tree. • Probe : A thin metal rod for poking into soft wood. • Resistograph : is a trademark characterizing electronic high-resolution needle drill resistance measurement devices, developed by Frank Rinn (since 1986 in Heidelberg/Germany), for inspecting trees and timber. • Scaffold Branches : The main branches that come off the trunk . • Root collars : The slight bulge and slight change in bark that separates the trunk from the roots in a tree. • Topping cuts : A cut that does not leave a side branch at least 'h to 2/3rds diameter of the removed branch so the tree will be forced to grow epicormic sprouts as the remaining branch cannot absorb the plant growth regulation hormones. • Trunk: A trees central superstructure or the main wooden axis of a tree . ~rtiS'att 1LattbS'capeS' -~rboriS't ~ertJiceS' Gareth Jones, Certified Arborist WE-8379A-ArtisanLandEscapes@Gmail.com (408) 674-7856 12150 HWY 9, Boulder Creek, Ca. 95006 Pag e 1 19 Appendix D -Works Cited Appraisers, C. o. (2000). Guide for Plant Appraisal. (9th . ed.). Champaign, Illinois : Internationa l Society of Arboriculture. Dunster, J . A ., Smiley, T., Matheny, N., & Lilly, S . (2013). Tree Ris k Assessment Manual. Champaign, IL.: International Society of Arboriculture. ISA. (2011). Glossary of Arboricultural Terms . Champaign , IL: Intern ational Society of Arboriculture. Smiley, E . M ., & Lilly, N. (2011 ). Best Management Practices: Tree Risk Assessment. Champaign, IL: International Society of Arboriculture. Tedmund J. Swiecki, E. A. (2008). Increasing Distance from California Bay reduces the ri s k and severity of Phytopthera ramorum canker in coast live oak. Proceedings of th e Sudden Oak D eath Third Science Symposium (pp. 181-194). Albany: Pacific Southwest Research Station: USDA Forest Service. Puhl. Gare th Jones, Certifi ed Arbori st WE-8379A-Arti sanLandEscapes@Gmail.com (408) 674-7856 12150 HW Y 9, Boulder Creek, Ca. 95006 P a g e I 20 Appendix E -Certification of Performance I , Gareth B. Jones, certify: • That I personally inspected the trees and property referred to in this report, and have stated my findings accurately. • The scope of the evaluation is stated in the report section 'Assignment' • I have no current or future interest in the vegetation or the property that is the subject of this report or in the work su ggested in my report. • I have no personal interest or bias with respect to the parties involved. • The analysis, opinions and conclusions stated herein are my own an d were developed and according to commonly accepted Arboricultural practices. • Nobody else provided significant professional assistance to m yself. • My compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any other subsequent events • I am an International Society of Arboricult ure Certified Arborist. I have been so s in ce 2008. I have been involved with the practice of Arboriculture and the care and stud y of trees since 200 I . Gareth B . Jones ISA Certified Arborist WE-8379A ~rtisan Jlanbscapes · ~rborist ~erbices Gareth Jones, Certified Arborist W E-8379A -Art isan LandEscapes@Gmail.com (408) 674-78 56 12150 HWY 9, Boulder Creek, Ca. 95006 · ... .... ,~<.... '?-s 0 /44 .-/43 /42 TREE PROTECTION PLAN ~ LEGEND: STANDARD TREE PROTECTION ZONE (1" Dia =1 ' TPZ Rad.) 3 X DBH & 5X DBH ENCROACHMENT LIMI TS . --<>--SUGGESTED TR EE P ROTECTION ZONE FENCING SUGGESTED TREE PROTECTI ON ZONE APPROXIMATE EDGE OF CANOPY x SUGGEST REMOVE EXISTING TRE E ... i .. ' .' I ' ' I I I 1-___ __ /' / ---------------------------- '\A 3i 8 ~ ~o~ ~ . -°' w (/)~;j °ltt W08_· ~~~~h = ffi~~~~ re ~~~~~ "'·-ill"-O:i ·e~~ = ~~<.,;:!.. m ~~1~ ... ""') n):c t: ~(!)§ l~ <3 ~ ~Ii &II ¥•- z 0 I-~ i l) ~~ ~ w 5:0 ~~ I-0(1) ~ 0 UJO ~ ~ .... ! O:::Ci:~a~ a..~~ H lli e ~ 0::: ""TP-0 .1 CNG.OWC....t:JiJllL ....... ........,.___ ""'- Deborah Ellis, MS Consulting Arbo rist & Horticulturist Jocelyn Puga Communit y Development Department, Town o f Los Gatos 110 E. Main Street, Los Gatos, CA 95030 November 8, 20 16 26 Alpine Avenue, Review of Arborist Report & Tree Protection Plan Dear Jocelyn: Seri ice si11 ce 1984 I have reviewed the following documents that you sent me last week relative to the above project: 1. Preliminary Tree Survey Plan & Tree Preservation Report for 26 Alpine Avenue. June 26, 2016. Twenty pages. Gareth Jones , Artisan Landscapes. Note that this is an updated version of document #4 below although both documents have the same date and no referen ce to revision. 2. Tree Protection plan shee t TP -0.1. Ibid. July 10, 2016. 3. Tree Survey plan sheet TS-0.1. Ibid . In addition, I previously reviewed these documents and commented to you by email (due to deficiencies in these documents) on Sept ember 14, 2016 and November 2, 20 16: 4. Preliminary Tree Survey Plan & Arborist's Notes for 26 A lpine Ave., Town of Los Gatos. June 26, 2016. Five pages. Gareth Jones, Ar tisan Landscapes. 5. Tree Survey plan sheet TS-0.1 . Ibid. July 10, 2016 Comments: 1. The second June 26, 2016 report (the revised 20 page report) is muc h better than the original 5 page report. I did not go to the site t o check any of the trees, but the report looks re asonable and the recommendations seem reasonable. The author did in c lude estimated tree values in the second report, which I recommended in my September 14 e mail, and also recommendations for tree protection. 2. It would be helpful if the tree protection plan sheets were included in the report as well as attached as separate documents. Separat e sheets like this t end to get lost. 3. Trees missing on the plan sheets: PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@ pacbell .net. http://www.decah.com. 26 Alpine Ave . Arborist Report Review . November 8, 2016 . Page 1 of 2 EXHIBIT 9 Deborah Ellis, MS Consulting Arborist & Horticulturist Service si11ce 1984 • Tree numbers 5 and 31 were not used (I discovered this in the text of the report). It would be helpful to include a note about this on the plan sheets. • Tree numbers 30 and 40 are not shown on the plans. In the text of the report I read that these trees are far enough away from proposed improvements so that they will not be affected . These tree trunk locations and numbers should be included on the plan sheets in any case, so that we can be sure of this . •••••••••••••••••••••••••••••• I certify that the information contained in this report is correct to the best of my knowledge, and that this report was prepared in good faith. Thank you for the opportunity to provide servi ce again. Please call me if you have questions or if I can be of further assis tance. Deborah Ellis, MS. Cons ulting Arborist & Horticulturist Certified Professional Horticulturist #30022 ASCA Registered Consulting Arborist #305 LS.A. Board Certified Master Arboris t WE-457B LS.A. Tree Risk Assessment Qualified PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. htt p://www.decah.com. 26 Alpine Ave . Arborist Report Review . November 8, 2016. Page 2 of 2 ( r P ageJ l ~rtigan 1Lanbgcapeg -~rborigt ~erbiceg Response letter to Deborah Ellis' comments letter dated November 81h , 2016. January 17, 2017 Attn: Jocelyn Puga FOR 26 ALPINE A VE, TOWN OF LOS GATOS Community Development Department, Town of Los Gatos 110 E. Main Street Los Gatos, Ca. 95030 Dear Jocelyn, Please find corrections and clarifications following in response to Deborah E lli s' comments in her letter dated November 8, 2016. I have used her numbering and sometimes added a sentence fragment to aid in following along. In response to her first 3 items, I added a current date and revision 1 to all documents and drawings. In re sponse to her Comments: section, 2. "It would be helpful if the tree protection plan sheets were included ... " The tree survey and protection plan sheets are part of the same pdf and scaled as Tabloid in order to be folded and stapled in the back of the report. Printing th em as letter may make for difficult reading. 3. "Trees missing on the plan sheets:" "Tree numbers 5 & 31 were not used ... " I ad ded note to this effect on plan sheets with rev cloud. "Tree numbers 30&40 are not shown" #3 0 was th ere but #40 I bad failed to copy from my original field drawings & notes. I added 40 and rev. clouded both on tree survey and tree protection plan. Please feel free to contact me if you hav e any questio ns or concerns, Sincerely, (408) 674-7 856 Sllrtisan 1Lanbscapes -Sllrborist ~erbices Gareth Jones, Certified Arb orist WE-8379A -Art isanLandEscapes@Gmail.com (408) 6 74-7856 121 50 HWY 9, Boulder Creek, Ca. 95006 EXHIBIT 1 0 This Page Intentionally Left Blank RECE\VED AUG 0 3 2016 COREY RESIDENCE 26 ALPINE AVE LOS GATOS, CA 95030 FINISH BUILDING MATERIALS : MET R 0 DESIGN GR 0 UP ROOFING GREEN ROOF SYSTEM: GAF 'EVERGUARD ® EXTENSIVE GARDEN ROOF TPO', CLASS "A" BY "HYDROTECH USA" -MANSARD BROWN COLOR EXTERIOR WINDOWS/DOORS. RAILINGS. EXTERIOR WALLS METAL CLAD ALUMINUM WOOD CLAD / ALUMINUM CLAD 'DARK BRONZE' ANODIZED ALUMINUM ---------------1 EXTERIOR WALL FINISH&. GARAGE DOORS: GREY WOOD SIDING -8" EXPOSURE ROOF FASCIA CUSTOM 24 GA. PRE-PAINTED 'GALVALUME' METAL I I I r I 1 EXTERIOR KALWALL PANEL SYSTEM: TRANSLUCENT PANELS EXTERIOR WALL FINISH : 'COOPER STONE' -CHESTNUT LEDGESTONE - NATURAL THIN STONE VENEER RETAINING WALLS. PLANTERS: DRIVEWAY. WALKWAYS AND GREY POURED IN PLACE CONCRETE PATIOS PERMEABLE PAYERS ECO -FRIENDLY 'PERMEABLE MISSION PAVEMENr -PREMIUM PETALUMA CO LOR BY 'BASALITE' 1475 S BASCO M AVE SUITE 208 •CAMPBE LL , CA 9S008 • (408) 871 -1071 PH• (408) 87 1 -107~f[ l 1 7-28-16 This Page Intentionally Left Blank Errata Sheet Initial Study and Mitigated Negative Declaration 26 Alpine Avenue Architecture and Site Application S-16-052 Mitigated Negative Declaration ND-17-001 Changes and clarifications to the Initial Study (IS) text and Mitigated Negative Declaration (MND), as outlined below, were initiated by staff subsequent to publication of the IS to add additional information received after the release of the IS. None of the text changes result in new significant environmental impacts not previously disclosed in the IS. The following changes should be made in the IS and MND dated June 2017 (added text is underlined and deleted text is shown as strikeout): CUL-l: Archaeological Resources and Human Remains. MND, page 6, and IS, pages 43 and 44, Mitigation Measure CUL-1: Prior to the issuance of any building permits or grading permits, the applicant shall submit to the satisfaction of the Director of Community Development, evidence that the following measures have been completed or have been incorporated into the construction documents. In order to avoid impacts to archaeological resources, tribal cultural resources and human remains during project implementation, the measures outlined below shall be implemented. With the incorporation of the following measures, significant impacts on these species would be avoided. a. In the event that archaeological traces or tribal cultural resources are encountered, all construction within a 50-meter radius of the find will be halted, the Community Development Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations. b. If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines the remains are not subject to his authority, he will notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans. c. If the Community Development Director finds that the archaeological find or tribal cultural resource is not a significant resource, work will resume only after the submittal EXHIBIT 1 2 of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5{ e). If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the s ite. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. Tribal Cu ltural Resources IS, page 64, paragraphs 1 and 2 : Tribal cultural resources as defined in Public Resources Code section 5020.l{k) have not been previously identified within the project site and are considered unlikely to be present given the sloped topography of the site. The project site is undeveloped and does not contain any existing structures or extant historical tribal cultural resources with the potential for inclusion on the California Register of Historical Resources or a local register. Furthermore, the Town has not been contacted by any tribes who are traditionally and culturally affi liated with the geographic area of the Town pursuant to Public Resources Code section 21080.3 subd . (b). ·Mitigation Measure CUL-1 has been included with the project to ensure construction activities are halted if archaeological resources, tribal cultural resources, or human remains are discovered . As such , potential impacts on historic tribal cultural resources are considered less than significant. 2 I ::i """" \N SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 26 ALPINE AVENUE PROJECT Mitigation Measures AQ-1: BAAQMD-Recommended Bas ic Construction Mitigation Measures T o limit the project's construction -related dust and criteria pollutant emissions, the foll owin g BAA Q MD- recommended Basic Con structi o n Mitigation Measures s hall be included in the project's g rading plan, building pl ans, and contract speci fi cations: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. Recycled water sho uld b e used wherever feasible. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All vis ibl e mud or dirt track-out onto adjacent public roads shall be removed usin g wet power vacuum street sweepers at lea st o n ce p er day. The use of dry power sweeping is prohibited. d. All veh icle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalk s to b e paved s hall be completed as soon as possible. f . Idling times shall be minimiz ed ei ther by shutting equipment off w hen not in use or reduc in g th e maximum idling time to five minutes (as required by th e Californ ia airborne toxic s control measure Titl e 13 , Section 2485 of Cal ifornia Code of Regul ation s jCCRJ). Clear signage s hall b e provided for construction workers at all access points. g. All construction equipment sh all be maintained and p ro perly tuned in accordance w ith manufacturer's Party Responsible for Implementation Project Engineer and Construction Contracto r Implementatio n Trigger/Timing Prior to issuance o f grading p ermit / during construction Agency Responsible for Monitoring Planning Division, Community Development Department (C OD) 26 Alpine Avenue S-1&-052 ND-17-001 Mitigation Monitoring and Reporting Program Timing and Monitoring Review specifications; monitor prior to and during regular insp ections Monitoring Compliance Record (Name/Date) I nitials: Date: ___ _ Initials: D ate: __ _ lnitiak Date: ___ _ Initials: Date: ___ _ '°.DIIBIT 1 3 SUMM ARY OF MITIGATION M EASURES AND MONITORING PROGRAM FOR THE 26 ALPINE AVENUE PROJECT {CONTINUED) specificatio ns. All equipment shall be checked by a certified mec hanic and determined to be running in proper condition prior to operation. h. Post a publicl y visibl e sign with the telephone num ber and person to contact at the Town regarding dust complain t'" This perso n shall resp ond and take corrective actio n within 48 hours. T he BAA QMD's phone number shall al so be visible to ensure compliance with ap plicable regulatio n s. BT0-1: Spec ial-statm; and !Vfigratory Bird Species Prior to t he iss uance of any grad in g permits or improv ements plans , t he applicant shall submit to the satisfaction of the Director o f Community D evelopm ent, evidence that the foll owing measures have been completed o r have been in corporated into the construction documents. a. The removal o f trees an d sh rubs shall be minimi zed to the ex tent feasib le. b. I f tree removal, pruning, grub bing and de mo lition activities arc necessary , such activities shall be conducted outside o f t he breeding season (i.e., between Se ptember 1 and January 31 ), to avoid impacts to nesting bird s. c. If tree removal, pruning, grubbing and demolitio n activities are sc heduled to commen ce during the bird breeding season (i.e., betwe en Fe bruary 1 and August 31 ), a preconstruction survey shall be conducted by a qualified b iologist no more than two weeks prior to the initiation of work. The p reconstruction survey shall include the proj ect footprint a nd up to a 300-foot buffer, access and sight- lines permitting. If no ac ti ve n ests of migratory birds a rc found, work may proceed without restriction and no furth er m eas ures are n ecessary. If work is delayed more than two weeks, the preconstructio n survey shall be repeated, if determined necessary b y th e project biologist. Project ap pli cant- con tracted biologist Prior to the issuan ce o f grading permits o r improvement plans. 2 Planning Divisio n, Community Development D epartment (C DD) 26 Alpin e Avenue S-16-052 ND-17-00 1 Mitigation Mo nitorin g and Reportin g Program Prior to issuance o f g rading permit, ensure m eas ures are incorpora ted into project plan s; monitor during construction Initials: Date: __ _ Initials: Date: __ _ Initials: Date: __ _ Initials: Date: ___ _ SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 26 ALPINE AVENUE PROJECT (CONTIN UED) d. If active nests (i.e. n es ts with eggs or yo ung birds present, or hosting an actively breeding adult pair) of spec ial -s tatus or migratory birds are d etecte d, the project biologist shall d esignate no n-disturbance buffers at a distance sufficient to minimi ze disturbance b ased on th e nest location, topograph y, cover, sp ecies, and the ty pe/ duration of potential disturbance. No work shall occ ur within th e non-disturbance buffers until the young have Aedged, as d etermined by a qualifi ed biologist. The appropriate buffe r siz e shall be d etermined in cooperation with the CDf'W and/or the USf'WS. I f, despite the establishment of a n on -disturbance buffe r it is determined that project activities arc resulting in n est disturbance, work shall cease immediately and th e C Df'W and the USFWS shall be co ntac ted for further guidance. e. If project activities must occur within t he non- disturbance buffer, a qualified biologist shall monitor the n cs t(s) to document that no take of the nest (i.e., nest failure) will re sult. If it is determined that project activities arc resu lting in nest disturbance, work shall cease immediately and th e C Df'W and th e USFWS shaU b e contacted for furth er gu idance. BI 0-2 Special -s tatus Bats Prior to the issuance of any grading p ermi ts o r improve ments plans, th e applicant shall submit to th e satisfaction of th e Direc tor of Community Development, evidence that the following measures have been com pleted or have been in corporated into th e construction docume nts. a. Prior to the rem oval o r significant pruning of trees and th e demolition of buildings, a qualified bat biologist shall assess them for th e potential to support roosting bats. Suitable bat roosting si te s include trees with snags, rotten stumps, and d ecadent trees with broken limbs, exfoliating bark , cavities, and structures with cracks, joint seam s and other openings to interior spaces. If there is no evid ence of occupation by bars, work may proceed without furth e r Project applicant- contracted bat-bio logist Prior to the iss uance of grading permits or improvement plans .. 3 Planning D iv ision , Community D evelopment Department (C OD) 26 Alpine Avenue S-16-052 ND-17-001 Mitigation Monitoring and Reporting Program Prio r to issuance o f grading permit, ensure measures ar e inco rporated into project plans; monitor du ring con struction Initial s: Date: ___ _ Initial s: Date: ___ _ Initi als: Date: ___ _ Initials: Date: ___ _ SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 26 ALPINE AVENUE PROJECT (CONTINUED) action. b. If su itab le roosting habitat is present, the bat biologist shall recommend appropriate m easu res to prevent tak e of bats. Such measures may include exclu sio n and humane eviction (see "c" below) of bats roosting within structures during scawnal periods of peak activity (e.g., February 15 -April 15 , and August 15 -October 30), partial dismantling o f structures to induce abando nment, or other appropriate measures. c. 1 f bat roosts are identified o n th e site, the following measu res shall be implemented: • If non-breeding / migratory bats arc id entified on the site within a tree or build ing that is proposed for removal, then ba ts shall be passively exclud ed from th e tree or b uilding. This is ge nerally accomplished by o pening up the roost area to allow airfl ow through the cavity/crevice, or in stallin g one-way doors. The bat bi o logist shall confirm that th e bats have been excluded from th e tree or building before it can be removed. • If a maternity roost of a special-s tatu s bat species is d etected, an appropriate n on-disturbance buffer zone shall b e es tablished around th e roost tree or building site, in consultation with the CDFW. Maternity roost sites may be demolished only when it has been determined by a qualified bat bio logist th at the n ursery site is not occupied. D emolition of maternity roost sites may only be p er for med during seasonal periods of peak activity (e.g., February 15 -April 15, a nd August 15 - October 30). • No additio nal mitiga tion for the loss o f roosting bat hab itat is required. BI0-3: Tree Pl anting Plan Prior to th e issuan ce of any grading permits or improvements plans, the applicant shall s ubmit to th e satisfaction of the Director of Community Development, evidence that th e following measures regarding P roject applicant- contracted arborist Pri or to issuance of any grading permit or improvem ent plan. 4 Planning Division, Community Development Department (C OD) and Parks and Public Works 26 Al pi ne Avenue S-16-052 ND-17-001 Mitiga tion Monitorin g and Reporti ng Prog ra m Prior to and d uring removal of and replanting of trees, and prior to and during land scaping activities . Initial s: Date: ___ _ Initials: Date: SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 26 ALPINE AVENUE PROJECT (CONTINUED) development of a Tree Pl anting Plan have been completed or hav e b een incorporated into the construction documents. The Tree Planting Plan shall includ e the following: a. Removal of the 5 prote cted trees (all with 30-3 5 feet ca nopy diameters) will be replaced by four 24-inch box trees o r two 36-inch box trees p er tree removed. Replaceme nt trees must be species from the T own of Los Gatos' approved tree specie s list. b. Removal of 3 riparian tree species should be mitigated by additional plantings in the project area. Planting additional trees in the ri parian set back is not advised due to the heavily shaded nature of the existing canopy cover. c. Ecologically suitable native understory plants should be p lanted o n the hill side above the riparian set back. d. All landscaping shall be done with pla nes that are not known to be inva sive. Use a reputable nursery to source native plants that are ge neticall y simil ar to those found in t he Santa Cruz Moun tains. B l0-4: Su dden Oak Death Sy ndrome Prior to the issuance of any grading pe rmi ts or improvements pl ans, th e appli cant shal l submit to the satisfaction of the Director o f Com m unity Developme nt, evidence that the followi ng measures have been completed or have been incorporated into the construction documents. Prior to removal or trimming of any potentiall y infected tree o r carrier tree species, sa mples will be taken by a qualified arbo ri st and se nt to a labo ratory to determine th e p resence or absence of SODS . If a positive t es t result occurs, the applicant shall immediately consult with the Oak Mortality Task Force and follow all applicable recommendations for further tree removal, trimming, d isposal of vegetation, and for decontamination of equ ipment. CUL-1: Archaeological Resources and Human Remains Proj ect appl icant- contracted arborist Project applicant Prior to issua n ce of any grading permit or improvement plan Prior to issuance of building permit 5 Plannin g Division, Community Development Department (C DD), an d Oak Mortali ty T as k Force Planning Division, Community 26 Alp ine Avenue S -16-052 ND -17--00 1 Mitigation Monitoring and Reporting Program Prior to and during tree removal incorporate tree testing Prior to iss uance of grading permit and Initials: Date: __ _ Initials: Date: ___ _ Initials: Date: ___ _ Initials: Date: ___ _ Initials: Date: ___ _ Initials: Date: ___ _ Initials: Date: SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 26 ALPINE AVENUE PROJECT (CONTINUED) Prior to the issuance of any grading permits or improvements p lans, the applicant shall submit to t he satisfaction of the Director of Community Development, evidence that the following meas ures hav e been completed or have been incorporated into th e construction documents. a. In the event that archaeological traces arc encountered, all construction within a SO-m e ter radius of the find w ill b e halted, th e Community D evelopment Director will be notified, and an archaeologist will be retain ed to examine t he find and make appropriate recomme ndations. b. If human remains are discovered, the Sa nta Clara Coun ty Coroner w ill be notified. T he Coron er will determine whether or not the remains are Native American. If the Coroner determines char the remains arc not subject to his authority, he will notify the Native A merica n Heritage Commission, who sh all attempt to identi fy d escendants of the d eceased Native A merica ns. c. I f th e Community Development Director finds that the archaeological find is not a sign ifi cant resou rc e, work wil l resum e only after the submittal of a p reliminary arc haeological report and after provisions for reburial and o ngoin g monitoring are accepted. Pro vis io n s for identifying descenda nts o f a deceased Native American and for re burial w ill foll ow the protocol se t forth in CEQA G uide lines Section 15064 .5( e). If the site is found to be a signi fica nt archaeological site, a mitigation program wil l be prepared and submitted to the Community D evelopme nt Director for con sideration an d approval, in con formance wit h the protocol set forth in Pub lic Resources Code Sec tio n 21083.2. d. A final report s hall be p repared when a find is determined to be a significant archaeological site, and/ o r when Native American remains are found on the site. The final report will include background information on th e completed work, a desc ripti on and list of identified resources, the disposition and curation of these resources, any testi ng, o th er recovered information, and conclusio ns. 6 Development Department (CDD), County Coroner, and Native American lle ritage Commission 26 Alpine Avenue S-16-052 ND-17-001 Mitigation Monitoring and Repo rting Program during grading ac ti vities. Initial s: Date: ___ _ Initials: Date: ___ _ Initials: Date: ___ _ SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 26 ALPINE AVENUE PROJECT (CONTIN UED) G E0-1: Geotechnical Report Recommendations. The project applicam shall implement all of the recommendation s of t he project gcotcchnical report, and any associated updates or revisions, related to site preparation and grading, foundati o n design, driveways, retain in g walls, and drainage improvements. To emure correct implementation, the geotec hnical engineer shall re view project plan s and o b serve geotechnical-re lcvant aspects of propose d initial construction of roads and infrastru cture. The geotechnical e ngin eer shall submit an "as built" le tter to the Direc tor o f Public Works stating that the project has been constructed in con formance with th e recommendations of the geotcchnical rep o rt. HWQ-1: Cons truction E rosio n Control Me asures. Pri o r to the iss uance of grading p ermits or improvement plans in li eu of g rading permits, th e applicanc shall: D emo nstrate to the satisfactio n of the Town Engineer that th e project's stormwate r q uality control measures , including the erosion control features described in the project's final Erosion Control Plan have been incorporated into th e project d esign. Proj ect appli cant Proj ect applicant Prior to issuan ce of b uilding permit Prior to th e issuance of grading p ermits 7 Planning Division, Community D evelopment D epartment (C DD) and Parks and Public Works T own E ngin eer 26 Alpine Avenue S-16-052 ND-17-001 Mitigation Monitori ng and Repo rting Program Prior to issuance of Initials: building permit, Date: ens ure d es igns arc im plemented during construction Initials: Date: Initials: Date: Initi al>: Date: Prio r to the iss uance Initi al s: of grading permits Date: Initi al s: Date: A TREE #9 Removal of additional trees Co ncern ab out root sys tem, BOT H o f our tree since it is on property line Need opinion from Consulting Arb o ris t , not Arborist , but a Co ns ulting Arborist Initial arborist said di gging u n d e r the tree fo r pool will kill it (da mage t o ro ot syst em) How will the tree b e prot ect ed during construction What is the remedy if the tree dies as a result of construction (old g rowth Oak Tree) Why two p ermits fo r r emoval of trees, why the n ee d t o r emove mor e? ... _ ... Barrie D. Coate and Coate, Barrie. Cert. 23535 S ummit Road Office: 408-3 53-1052 Associat es A rb orist # 1897. Los Gatos. CA 95033-9307 Fax : 408-353-1238 'LPINE AVE NUE Consulting Arboris t #23 7 Ccn. in Honiculturc, UC Santa Cn1z. 1991. PROPOSED RESIDEN CE 26 ALPINE AVENUE Stree t Profil e A RECEIVED NAME FROM: Bill B erridge Tr ee Div. Manage r Certified Arborist #WE-5525 v . (40 8 ) 288-294 0 F. (4 08) 392-9014 C. (4 0 8 ) 595-8455 1 AV EN UE ' \. J,I ... ~~ ..., - - l fu L.\ PRO POSED RESll 26 ALPINE AVE IXBIBIT 1 4 B NOISE AND VIBRATIONS DRILLING, BLASTING, DIGGING How are they digging into the hill? Who is monitoring the noise a nd vibration levels? If digging impacts our home, what is the remedy? TQ\XI N OF I.OS GATOS 2 0 2 0 G E N E R A l P I . A N :-l O I SE E LE M E :-.IT Action N Ol-7.3 Any Environmental Review document prepared for the Town fo r a project that identifies n oise factors shall relate the n oise data to the Town's Noise Ordinance to give the Planning Commission and Town Council a standard for comparison. c VIEW The house was sold to us with a "view'', the Corey's told u s repeatedly that we would not see the new home at all. As you can see from the photos of the story poles, our view is being obstructed and we can see the home. Once again, we were told by Susan Corey and Micheal Riese that we would NOT see the home once it was built. They even markete d the view it in brochures, see copies of the marketing material. We asked to see the drawings of the home and was told by both Mrs. Corey and Mr. Riese that the drawings were not available, they had not begun the process. Please note, they submitted the drawings for the proposed home days after closing of 38 Alpine Ave. This is all on record. Closing of 38 Alpine Aye ,July 19, 2016. The drawings that I see at Los Gatos are from August 29, 2016. This suggested that the drawings were drawn and approved within 1 month according of closing, clearly this is not possible. To prove that, my husband was asked to review drawings at the Architects office in November 2016, and the drawings were actually dated January 2016, seven months before we purchased the house! Clearly the Corey's chose to not properly disclose their plans. even when repeatedly asked. D ROOF AND CHIMNEY HEIGHT My husband met with the Architect in Novembe r 2016. H e expressed his concern about the roof and chimney height. Neither the Corey's nor the Architect have contacted my husband since he expressed his concern. E WORK SCHEDULE Dropping off of equipment and materials . My husband was already blocked in the street by work trucks, r eturning home from work, and this was only for the poles were being ins talled. This is just the beginning. How is the work schedule being regulated and controlled? Please note all the justifiable concerns that the neighborhood exp ressed during the parking discussions with the town . If trucks are parked on both sides of the street, how are emergency vehicles going to pass. Please refer to notes at the recent town hall meeting approving the Alpine Ave. 90 Minute Parking Restrictions. Construction trucks should abide by all the rules approved and upheld in recent sessions. F 90 MINUTE PARKING Who is enforcing this? Who do we call? G Contact Person Who do we contact if we have a concern regarding, Construction, Parking or No ise Levels? How does it get resolved. Not th e Corey's directly , a town planner in Los Gatos or working on the project H POOL LOCATION Once again, the Corey's stated at tour of the house that we would not see the n ew home. Pl ease note, they designed a pool at the property line. When they sold u s 38 Alpine there are three sitting areas t o enjoy the view of the woods. One is a courtyard (photo), one has an outdoor fireplace and a deck on the second floor. All three will have a direct view of the home. I PENALTIES I doubt anything would be intentionally circumvented, but in the event any restrictions are not followed, how will that be rectified, what are the penalties? There needs to be established ground rules up front. J FENCE Since the proposed home is so close to the property line, additional bushes and trees should be planted on the constructio n side, to block workers looking into my Family Ro om K ADDITIONAL WORK ON STREET Additional project across the street from proposed site There will be an additional project across the street, how will the two be reconciled? . ' .... l OFFERED AT $5,145,00~ ... .. -t >,,. '~.. • •. I nt~wri &ta~:,. · -' 1 .~ .:.t . . .. .t ..... 4) ' f ' { • • • ?> • • :~ ' • • .. l : Rare~ does one find ~ P!Qpe,rty such as this. An elegaMSy de$igned and app(>ir\ted borne boasting unrivaled curb appeal a'ntt priyacy' sltuateid irt 8'18 of tbe prerntet doWritown los Gatos locations. Located on Alpine Avenue, Qne of th~ rare gems of ~,-this home offer.s immediate accem to downtown Los Gatos ame~ wf;i" offering the stately .elegan"€e of an expansive, ~~ YJ ~re ~·. . . · ·, ~ _. • . • ~:: "l . ., .; : •_ • . , . . · · , ,. . . . 'r·.: -: .. ~ , ·_'. .._ . ··.. ' . .. I : Set bad from th&~ ~d el~~ i ·~ ~~of green 1aw n a mature landsc.aping, • .. -.. ,_ • ' * • ~ ., ,... • one is iinmedia~ struCk by,..-the Ofd world el~nce anct ~i-gn of the home.' From the stamped cbncrete-driveway to . the cast concrete steps and walkwaysr no exterior aeiail has been ovet1ooked. ..... Upon entering the home one is immediate_!Ystrutk :byihe ~lted tellings and amazing flow of the home, a combinatiOn of etegant design ~With~ amenlt~)lld comforts . • .• I .• . ., .. SUMMARY OF THE HOME Elegant and timeless estate home situated on a very privat-e 112 acre in down~ Los Gatos . Breathtaking circular entrance with elegant and --~iaetm grass-cloth wall coverings • Tom T. Travers designed home and interiors <.JOl'CJe!(). us master suite with attached balcony ering privacy and views of surrounding hills • using the finest materiab · · Multiple outdoor areas to entertain It'd unwfnd, \nc\ud\~ ¥\ ouuioat ~ f\tep\a<.~- · · • SePJirate ground-floor bonus room or au pair/ ~'Y. maintained and updated ho~ : · . gitest suite with abitlty to add walk·m closet withd.es~~r, lightiflg and fixtures~ -. . . . Tremendous bonus room with kitchen ~~ m\\\t-j tot ext~ Cj\fe'f>t~fau-?a\{ 0{ entertainment space . . · • .ure and metieulously maintained Custom -cabinetry, woodwork a nd trim · scaping with tremendous privacy throughout · Custom front doors feat wing natural fight .~ -. • Solid wpotldt>Or s 1811d windoWs with t-~ .• ' . . <.·~ ; · :~ ~; , ;tremendous nature~ light • Gorgeously flmshe~ !~n~ r~ with double washer and ~s:. ··-. _ · . " •! • ' . . ~~/ . ... .. '. ·~ t. " .... ~.1 • ' r ~.:: .... •. -~ ~.,. Gtea~i~ ~tiart Pie~~ f't<>M · ··· ~ -r~ · · · · • •· Four-car garage wt.th ability to convert to five or ' • · · ~r effle~t/gr~rt home wttn pre-paid solar · use as workshop, featuring sol\d wood carriage system and -$2Sk of energ~ efficiency upgra~s doors . ... ~ . ' . . ... . ~ ., ., A short stroll .ta Los Gatos High School, Library. anddowntown · · r. l \,.. .. . . . .. .... .:& ;...:... ~---,f, Q .... •• ...;... • 1 ...... rl' . -_ ... 'fvHCRAEL RIESE 408 .781 .7692 650.209.0613 michael .rie se@cbnorc al.com Riese Rea I Estate . com CalBRE #01366625 . .. Coldwell Banker Team This Page Intentionally Left Blank