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15975 Union Ave- Staff Report & Exhibits 1-9• TOWN OF LOS GATOS · PLAL~"'ING COMMISSION STAFF REPORT Meeting Date: January 27, 2016 ITEM NO: 3 PREPARED BY: APPLICATION NO: LOCATION: APPLICANT/ CONTACT PERSON: PROPERTY OWNER: Erin Walters, Associate Planner ewalters@losgatosca. gov Jennifer Savage, Senior Planner jsavage@losgatosca. gov Subdivision Application M-15-001 Architecture and Site Applications S-15-009 through S-15-0 11 15975 Union Avenue Oocated at the northwest comer of Union A venue and Blossom Hill Road) Gary Kolhsaat Betchart Union Av e Joint Venture Partnership APPLICATION SUMMARY: Requesting approval to demolish an existing single-family residence, subdivide one lot into three lots, construct three new single--family residences, and remove large protected trees on property zonedR~1:10 . APN 523-42~017 . RECOMMENDATION: PROJECT DATA: DEEMED COMPLETE: December 23, 2015 FINAL DATE TO TAKE ACTION: June 23,2016 Approve, subject to Conditions of Approval General Plan Designation: Zoning Designation: Low Density Residential R-1:10-Single-Family Residential, 1 0,000-square foot lot minimum Applicable Plans & Standards: General Plan; Residential Design Guidelines; Hillside Development Standards and Guidelines Parcel Size: 43 ,103 square feet Surrounding Area: Existing Land Use General Plan Zoning North Residential Low Density Residential R-1 :8 East Residential Low Density Residential R-1:10 Sout~ Residential Hillside HR.-1 West Residential Low Density Residential R~l:lO Planning Commission Staff Report-Page 2 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 January 27, 2016 CEQA: FINDINGS: CONSIDERATIONS: ACTION: EXHIBITS: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures and Section 15315: Minor Land Divisions. • As required, pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, this project is Categorically Exempt, Section 15303 : New Construction or Conversion of Small Structures and Section 15315: Minor Land Divisions. • As required by Section 29.10.09030(e) of the Town Code for the demolition of a single-family residence. • As required by the Residential Design Guidelines that the project complies with the Residential Design Guidelines. • As required by Section 664 7 4 of the Subdivision Map Act if the Planning Commission denies the subdivision application. • As required by Section 29.20.150 of the Town Code for granting approval of Architecture and Site applications. The decision of the Planning Commission is final unless appealed within ten days. 1. Location Map 2. Findings (two pages) 3. Recommended Conditions of Approval (18 pages) 4 . CDAC Meeting Minutes (two pages) 5. Project Data Sheets (three pages) 6 . Applicant's Letter, received April10, 2015 (five pages) 7. Applicant's Summary of Changes, received November 24, 2015 (three pages) 8. Applicant's Arborist Report, received on February 10, 2015 (34 pages) 9. Town's Consulting Arborist Report, received on April3, 2015 (nine pages) 10. Original Development Plans, received on February 10,2015 and reviewed by the Town's Consulting Architect (32 pages) 11. Town's Consulting Architect report, received April6, 2015 (five pages) 12. Drainage Issues and Solutions Memorandum from nearby subdivision (three pages) Planning Commission StaffReport-Page 3 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 January 27,2016 BACKGROUND: 13. Public Comments received July 26,2015 through 1:00 p.m. January 21, 2016 (22 pages) 14. Currently proposed Development Plans, received on November 24, 2015 (36 pages) The existing site contains a single-family dwelling and a detached garage. The current property access is located at the northeast comer of the site from Union Avenue. The site contains 67 protected trees and underlying vegetation. The site slopes downward from the southwest comer to the northeast comer and sits well below Blossom Hill Road in some areas. Preliminary plans were reviewed by the Conceptual Development Advisory Committee (CDAC) on August 13, 2014. CDAC meeting minutes are included as Exhibit 3. The applicant provided responses to CDAC comments in the applicant's letter (Exhibit 6). The project was reviewed by the Development Review Committee (DRC) on August 4, 2015. Public notices were mailed on July 24, 2015. Beginning on July 26, 2015, neighbors submitted comments raising several concerns including structure height and site drainage. These concerns are discussed in the Analysis Section below. The applicant and staff have worked to address the neighbor's concerns, including revisions to the storm water drainage plan. The applicant met with the neighbors to discuss the project, concerns, and revisions. For reference purposes Sheet A4.1 of Exhibit 14 shows adjacent properties, house numbers, and streets. The applicant's letter (Exhibit 6) describes the project and its design. Exhibit 7 describes the changes the applicant made following the DRC meeting in August. The project is being forwarded to the Planning Commission because neighbors have concerns that could not be resolved. PROJECT DE SCRIPTION: A. Subdivision Application The applicant is proposing to subdivide one lot into three lots. All three lots would have frontage on Blossom Hill Road. The eastern most lot would also have frontage on Union Avenue. Lot 1 would be approximately 12,941 square feet, Lot2 would be approximately 11,351 square feet, and Lot 3 would be approximately 11,353-square feet. All three lots would be accessed by a shared driveway from Union A v enue, located in the same area as the existing access. Planning C ommission StaffReport-P age 4 1597 5 Union Av enue/M-15 -001/S-15-009 through S-15-011 January 2 7 , 2016 B . Architecture and Site Applications The applicant is proposing to construct three single-family residences with attached garages. Lot 1 would contain a residence of 3,368 square feet and a 760-square foot garage. The residence would have a maximum height of27 feet, one inch. Materials would include: painted wood lap siding and shingles; vinyl clad windows with wood trim; and a composition shingle roof. Lot 2 would contain a residence of 3,3 3 8 square feet and a 73 7 -square foot garage. The residence would have a maximum height of 26 feet, nine inches. Materials would include: sand finish stucco; vinyl clad casement windows with stucco molding trim; and a tile roof. Lot 3 would contain a residence of3,338 square feet and a 737-square foot garage. The residence would have a maximum height of 27 feet, eight inches. Materials would include: painted wood lap siding; wood windows with wood trim; and a composition shingle roof. A color and material board will be available at the Planning Commission meeting and Exhibit 4 includes general project data. C. Location and Surrounding Neighborhood The project site is located at the northwest comer of Union A v enue and Blossom Hill Road. Across Blossom Hill Road to the south, the properties are zoned Hillside Residential (Exhibit 1). All surrounding properties contain single-family residences. D. Zoning Compliance The proposed subdivision application complies with minimum lot frontage , depth, and size requirements. The proposed Architecture and Site Application comply with the height, structure coverage limitations, setback requirements, and required parking is being provided on-site. The zoning permits three lots and a single-family residence on each lot. ANALYS IS: A . Subdivision The applicant is proposing three lots that meet the minimum lot dimensions (see table below) required by Town Code: Planning Commission Staff Report -Page 5 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 January27, 2016 Lot Dimension Analysis I Lot Required Proposed Required Depth Jlepth Frontage Lot 1 100 142 90 Lot2 100 142 80 Lot3 I 100 142 80 Proposed Frootage i 113 . i 80 • 80 I I I Town Code Section 29.10.087, Lot frontage, requires all lots to have frontage. Lot frontage is defined Town Code Section 29.10.020 as the property line of a lot abutting on a street, which affords access to a lot other than the side line of a corner lot. Lots 2 and 3 have frontage along Blossom Hill Road. This satisfies the lot frontage definition because the opportunity for access from Blossom Hill Road exists. Access for Lots 2 and 3 is provided from Union Avenue because Union Avenue has a lower traffic volume than Blossom Hill Road. The proposed subdivision lot sizes are comparable to other lot sizes in surrounding subdivisi on s. These subdivisions include two on Lasuen Court and one for Leewood Court (see aerial, page 3 ofExhibit 11). I -t ~ BLOSSOM · · ·· Hill··· ·RD ··-· · ' i ~3C ll ·· I ... ~ LJ D Further to the west is Nimrick Lane (see map above). Nimrick Lane provides access to properties similar to the proposed subdivision which are sloped upwards towards Blossom Hill Road, elev ated above residences to the north, and the accessed by a shared driveway. The properties are not located in Los Gatos but provide context for residences along Blossom Hill Road without a driveway from Blossom Hill Road. Planning Commission StaffReport-Page 6 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 January 27, 2016 Neighbors are concerned that the proposed project was not properly communicated by onsite markers. Prior to noticing for the Planning Commission meeting, the applicant installed markers to indicate property lines and revised the height poles to reflect the revised plans. Neighbors asked if the project could be a two-lot, flag lot subdivision. While the applicant could request two lots, instead of three, the proposed three-lot subdivision complies with applicable policies, regulations, and guidelines. Additionally, the General Plan discourages corridor lots (also known as flag lots) but allows the subdivider to demonstrate a corridor lot proposal meets certain provisions (See General Plan Policy LU-4.5). B. Vehicle Access and Parking The proposed shared driveway would be 18 to 20 feet wide. This width allows for fire vehicle access. The shared driveway must remain clear as well as the garage apron for Lot 3 which contains the fire vehicle turnaround. The fire department access requirements are not served from Blossom Hill Road due to the grade difference -as high as 14 feet between the finished elevation at the southwest comer of Lot 3 and the right-of-way elevation (Sheet 7 of Exhibit 14). The shared driveway and Lot 3's driveway apron are required to be signed and marked (Condition #58 of Exhibit 3). The requirement to keep these areas clear must be included in the CC&Rs (Condition #58 of Exhibit 3). The shared driveway would exit onto Union Avenue. At the August 13, 2014 CDAC meeting, site access off ofUnion Avenue was preferred for the subject site (Exhibit 4). Access from Union A venue is preferred over Blossom Hill Road because the: traffic volumes on Union Avenue are lower than those on Blossom Hill Road; residents will be able to tum right or left; there are adequate gaps in traffic flow to allow left turns onto Union A venue; and the distance from Blossom Hill Road allows adequate visibility. Each lot would contain a three car garage. Three car garages are compatible with the three car garages on Leewood Court and Lasuen Court. An additional two uncovered parking spaces would be located on Lot 1. The current design does not include pervious pavers for the garage aprons or driveway (see Drainage section below). Staff recommends stamped concrete at the driveway entry and the garage aprons to provide texture and interest that the pervious pavers would have provided (Condition #16 ofExhibit3). Neighbor concerns regarding vehicle access and parking include: • Whether sidewalks should be required. • That parking be prohibited along Union Avenue. • Lights and noise associated with opening and closing the garage for Lot I will disturb 100 Lasuen Court. Planning Commission Staff Report -Page 7 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 January 27,2016 • The shared driveway is too close to the property line and more space, curbs, and a sidewalk should be required. • Whether the width of the driveway accommodates one vehicle and emergency vehicles. • Why the driveway is called a driveway when it can accommodate two-way traffic. • Requested the garages to be set back from the shared driveway. Sidewalks are required as a condition of approval along Blossom Hill Road and Union Avenue (Condition #71 of Exhibit 3). The proposed driveway does not require a sidewalk. Currently, it is possible to park along1he curb in the public right-of-way on Union Avenue just south ofLasuen Court, north of the proposed shared driveway. This condition will remain. After public improvements, there will be space for parking south of the proposed driveway. Parking spaces would not be marked and parking would be permitted unless it conflicts with public improvements. The applicant's landscape plans show a six-foot tall fence and tall shurbs (Pittosporum tenuifolium) that would help shield noise and light from Lot 1 's garage to 100 Lasuen Court. The tall shrubs proposed along the fence line are fast growing shrubs with a height of20 to 30 feet at maturity. Staff included a condition (Condition #9 of Exhibit 3) for the tall shrubs proposed along that fence to be planted at a 24 inch box size to provide landscape screening sooner. Staff also included an option for an eight foot ~1 fence, where it does not interfere with traffic visibility, to help shield light and noise (Condition #14 of Exhibit 3). The driveway is set four feet from the property and the project includes landscaping and fencing to provide separation from adjacent properties. A curb is also included as part of the project. The width of the driveway allows room for pedestrians and vehicles to pass. Vehicles will be able to turnaround in the garage aprons with the exception of Lot 1, where vehicles will be able to turnaround in the two surface parking spaces. The width of the shared driveway accommodates two vehicles and meets the fire department's access requirements. Town Code requi~ that all off street parking garages be connected to streets by driveways as long as they are no less than 18 feet wide and provide both ingress and egress which this project provides. The shared driveway is accessed from Union A venue, and there is driveway access to each property. The proposed garages meet setbacks and are set forward from the residence. The proposed setbacks for the garages exceed the minimum required setbacks (the structures are setback further than front and rear setbacks would require). The garages on Lasuen Court also meet required setbacks and are set forward from the residence. Planning Commission Staff Report-Page 8 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 January 27, 2016 C. Public Improvements In addition to public right-of-way dedications for Union Avenue and Blossom Hill Road, the project requires public improvements which include: curb, gutter, and sidewalks along Union A venue and Blossom Hill Road; traffic signal relocation; upgrading signal lights to LED fixtures; and pedestrian crossing improvements. A public improvement plan is required prior to issuance of building permits or recordation of a parcel map (Condition #71,73 and 74 ofExhibit 3). The following public improvements will be included: • Parking on Union Avenue along the project's eastern property line may possible but would not be marked. • There would be one straight/left turn lane and a lane to turn right. • The project would not result in two lanes traveling southbound on Union A venue except for the small length of delineation for right turns onto Blossom Hill Road. • Parking may possible on Blossom Hill Road. A diagram of the public improvements will be provided in a Desk Item. D. Floor Area Based on Town and County records, the residences in the immediate neighborhood range in size from 2,211 square feet to 3,761 square feet. The floor area ratios (FAR)range from 0.04 FAR to 0.32 FAR. The proposed residences would be 3,338 to 3,368 square feet with 0.26 to 0.29 FAR. Pursuant to Town Code, based on the proposed lot sizes and averages slopes, the maximum square footage for the lots are 3,697 for Lot 1, and 3,396 for Lots 2 and3 . Planning Commission Staff Report-Page 9 15975 Union Avenue/M-15-001/S-15-009 through S-15 -011 January 27, 2016 The following Neighborhood Analysis table reflects current conditions of the immediate neighborhood. Neighborhood An~ysis Address House Garage Lot size FAR 15055 Blossom Hill Road 2,211 480 10,000 0.22 15085 Blossom Hill Road 3,487 528 15,792 0.22 100 Lasuen Court 3,199 587 10,018 0.32 15054 Blossom Hill Road 3,761 816 43,560 0.09 15010 Blossom Hill Road 2,734 660 46,575 0.06 14970 Blossom Hill Road 2,247 506 50,460 0.04 101 Leewood Court 3,128 560 10,000 0.31 106 Leewood Court 3,128 560 10,174 0.31 100 Leewood Court 3,164 632 10,937 0.29 15975 Union Ave-Lot 1 3,368 760 12,941 0.26 15975 Union Ave-Lot 2 3,338 737 11,351 0.29 15975 Union Ave-Lot 3 3,338 737 11,353 0.29 The Residential Design Guidelines specify that consideration will be given to the existing F ARs, residential square footages, and lot sizes in the neighborhood. With proposed square footage between 3,338 and 3 ,368 square feet, the residences would be compatible with homes in the immediate neighborhood in terms of square footage. With proposed FAR between 0 .26 and 0.29, the residences would be compatible with homes in the inunediate neighborhood in terms ofF AR. Pursuant to Town Code, based on the proposed lot sizes, the maximum square footage for the garages are 1,004 square feet for Lot 1, and 933 square feet for Lots 2 and 3. The proposed garage sizes of737 and 760 are under the maximum garage square footage. Although they would not be the largest garage (15054 Blossom Hill Road hac; a garage of 816 square feet), staff considered whether the proposed garage size was appropriate. Given the garage location and that they are not visible from the street, staff believes the proposed three-car garages are consistent with the Residential Design Guidelines (guideline 2.4.2). Additionally, there are three car garages on Lasuen and Leewood Courts. E . Architectural Considerations Staff requested that the Town's Architectural Consultant review the project (Exhibit11) to provide recommendations regarding architecture and neighborhood compatibility. The Consultant found the homes to be well designed with visual variety and appropriate details Planning Commission Staff Report-Page 10 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 January 27, 2016 for the proposed architectural styles. He also found the footprint size of the homes to be similar to those nearby. The Consultant identified two issues (Exhibit 11 ). The first issue, less front porch depth than required by the Residential Design Guidelines, was acceptable given that the porches for Lots 2 and 3 do not face the street and both homes have private open space elsewhere. The second issue was inconsistent paving material between plan sheets. The current design (Exhibit 14) will require impervious driveway and garage aprons to capture drainage onsite as opposed to allowing water to draining directly to the storm drain system. To provide texture and interest, staff is requiring stamped concrete at the driveway entrance and the garage aprons (Condition 16 of Exhibit 3). Neighbors raised concerns that the proposal was not in keeping with the surrounding neighborhood. The Residential Design Guidelines specify that residential development shall be similar in mass, bulk, and scale to the immediate neighborhood. Although the consultant found the proposed mass to be in keeping with the surrounding properties, the applicant revised the plans to lower the height (see analysis below) in an attempt to address neighbor's concerns. F . Height The Residential Design GUidelines specify that residential dev elopment shall be similar in mass, bulk, and scale to the immediate neighborhood. The majority of homes in the immediate neighborhood are two stories with attached garages. Most of the homes located south of Blossom Hill Road are one story. However, these homes are located in the Hillside zone upslope from the subject site with larger lots and greater setbacks. The project has similar mass and scale as the homes to the west, north, and east (see Streetscapes on Sheet A4.2 of Exhibit 14). Neighbors requested that the applicant reduce the height of the structures and add landscaping screening. The applicant describes the changes they made to the project to address neighbor concerns (Exhibit 7) including: • Moving the footprints away from the properties to the north • Reducing the roof pitch for Lot 2. • Modifying the garage design for Lot 2. Neighbors also raised concerns regarding the plate height of the proposed structures. The applicant considered the concern and explains why the plate height cannot be reduced in Exhibit 7. Planning Commission Staff Report-Page 11 15975 union AvenueM-15-001/S-15-009 through S-15-011 January 27,2016 G. Shadows Neighbors raised concerns regarding the shadows that would result from the proposed project. Shadows created during the winter and summer solstices are iilustrated on Sheet A4.3 of Exhibit 14 during three different times (9:00am, 12:00 noon, and 3:00pm). Shadows are created on neighboring properties during the middle of winter in the morning and late afternoon hours. H. Privacy A neighbor raised concerns regarding lack of privacy from the new residence's windows into the backyard of their home. The second floor of Lot 2 is 89 to 110 feet away from the adjacent property (see Sheet A4.4 of Exhibit 14). Additionally, the neighbor's existing trees provide some landscape screening. A concern was also raised regarding ~terior lighting. Exterior lighting is required to be kept to minimum by Town Code and Condition #3 of Exhibit 3. Town Code also requires limiting glare onto neighboring properties. Staff included an additional condition to check that installed lighting is directed away from properties to the north or shielded to be directed on-site. The project also includes proposed landscaping and staff included conditions regarding replacement tree size and landscape screening (Conditions #8 and 9 of Exhibit 3). I. Drainage The project originally included storm water site design measures to drain towards the shared driveway, penneate through pervious pavers, and then enter the storm drain system through a perforated pipe installed underground (Sheet 6 of Exhibit 10). The Town's C.3 Consultant found the design did not meet required California State Water Board site design requirements for stormwater runof£ During the DRC public hearing process, Town staff was reminded by the neighbors that the area has historically experience high soil moisture content, high water tables during storms, and flooding. Many of the nearby homes have basement pumps to extract the water from their basements. Some water pumps have failed in the past which emphasizes concerns regarding drainage. The applicant's geotechnical investigation did attempt to locate the groundwater level but was unable to do so since the area is experiencing a drought. The low moisture level did not reflect the drainage and flooding experienced by surrounding neighbors during past storms. In addition, the public storm water system does not have the capacity to handle the originally proposed storm water from the proposed project. Planning Commission Staff Report-Page 12 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 January 27, 2016 The applicant redesigned the project to capture the site's water onsite in three bioretention ponds (one on each new lot; see Sheet 6 of Exhibit 14). Water from individual sites is directed by gentle slopes around the homes and into the biorentention ponds. The biotreament swale along Union Avenue is also included in the project design. The Town's C.3 (Storm water) Consultant reviewed the revised design and determined that the design meets C.3 storm water requirements. The current design also reduces the capacity demand of the public storm water system by retaining most of the water onsite in the bioretention ponds. Finally, the bioretention ponds are designed in such a way that excess rain water during a large storm event will be conveyed directly to the Town's storm drain system, thus greatly reducing the possibility of the water draining towards the neighboring properties and infiltrating the groundwater system. Neighbors raised the following concerns regarding drainage: • Drainage patterns, due to the area's topography, coupled with the proposed project would make adjacent property drainage issues worse. • Storm drain catch basin near the southwest comer of the site is not connected to the storm drain system and causes issues for properties to the east of the site. • Drainage was an issue for the subdivision located at 15928 Union Avenue, located north east of the subject project. • Sump pump failures which neighbor's raised during the public review process for the subject application. • Clay type soil and high water tables. The current storm water drainage design captures the project's storm water onsite and, in the case of a heavy storm, directs overflow to the public storm drain system. This reduces the potential impact of storm water to other properties. In the existing condition, leaves and debris gather and buildup during the Fall and Winter months at the existing storm drain catch basin immediately adjacent to the southwest comer of the site in the Blossom Hill right-of way. Currently this existing catch basin is nottied into the public storm drain system but instead drains into an existing public service easement on the neighboring property west of the development. Curb, gutter and sidewalk does not exist east of this structure along the development's Blossom Hill Road frontage; however, as a part of this project new curb, gutter, and sidewalk will be constructed in this area, continuing around the northwestern comer of the intersection with Union A venue, then continuing north along Union Avenue. New curb cuts will be provided with the Union A venue improvements for stormwater conveyance into a new bioretention swale, allowing for a portion of the drainage currently being conveyed into the public service easement to instead be ultimately directed to the new swale. These improvements would reduce the load on the storm drain catch basin in question reducing the impact on the Planning Commission Staff Report-Page 13 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 January 27, 2016 affected properties at 15065 and 15055 Blossom Hill Road. The project would not repair drainage facilities on the private property of 15065 and 15055 Blossom Hill Road. This project meets the requirements to capture storm water onsite. Although the project is not responsible for past sump pump failures, the project's design will reduce the impact of storm water for adjacent properties by capturing water onsite and facilitating better water flow along the street. The current design includes lined bioretention ponds (Sheet 10 of Exhibit 14). These do not facilitate infiltration into the clay soils with potentially high water tables. Stormwater conveyed to the bioretention ponds filter through the bio-treatment soil. These ponds also include a perforated pipe underdrain at the bottom of the facility to collect and convey any excess or standing water to the Town's storm drain system. In conclusion, the applicant has redesigned the project's proposed stormwater treatment facilities to address the neighbor's concerns regarding surface drainage and the presence of the high groundwater table. J. Tree Impacts The project site contains 112 trees (on-site and adjacent); 67 are protected trees, 45 are not protected. The applicant is proposing to remove all on-site trees. Thirteen (13) of the protected trees proposed for removal are large fruit or nut trees, but also include an 84-inch Blue Gum Eucalyptus, and a 30-inch Willow. The applicant provided an Arborist report for the site (Exhibit 8) which was reviewed by the Town's Consulting Arborist (Exhibit 9). The Consulting Arborist made recommendations to attempt to save the redwood tree (tree #1723) located on the eastern portion of the site. The Consultant found, like the applicant's arborist, that the tree is only in fair condition. Due to the new public sidewalk, required biotreatment swale, and the house's front porch, the tree could not be saved. The Consultant also made recommendations for protecting the four trees on the neighbor's property. Tree protection is required as a condition of approval (Condition # 7 of Exhibit 3) and shown on the plans (Sheet L1 of Exhibit 14). If the project is approved, tree protection measures would be implemented prior to and during construction. Replacement trees will be planted to mitigate the loss of trees being removed pursuant to Town Code. The number of trees and size of replacement trees will be determined using the canopy replacement table in the Town Code. Town Code requires a minimum 24-inch box size replacement tree. If all replacement trees cannot be reasonably planted on the subject property, a combination of replacement trees and an in-lieu payment will be paid. Planning Commission Staff Report-Page 14 15975 UnionAvenue/M-15-001/S-15-009 through S-15-011 January 27, 2016 K . Environmental Review The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures and Section 15315: Minor Land Divisions. PUBLIC COMMENTS: The Town received public comments when the project was scheduled for the Development Review Committee meeting. These comments and additional comments are included in Exhibit 13 . The applicant informed staff that they have met with and continue to communicate with adjacent neighbors. COORDINATION: Planning staff coordinated with the Parks and Public Works Engineering and Traffic divisions and the Santa Clara County Fire Department. SUMMARY AND RECOMMENDATION: A. Summary As currently proposed, the project would create three lots with three single-family residences that are compatible with the immediate neighborhood. The project would also comply with the Residential Design Guidelines and with zoning requirements. The applicant has attempted to address neighbor's concerns regarding structure height and site drainage. Staff also included conditions to increase privacy, provide repla cement trees pursuant to Town Code, and provide texture for driveway materials. B. Recommendation Staff recommends approval of the Subdivision and Architecture and Site applications based on the summary above. If the Planning Commission finds merit with the proposed project, it should: 1. Make the required finding pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, that this project is Categorically Exempt, Section 15303: New Construction or Conversion of Small Structures and Section 15315: Minor Land Divisions; and 2. Make the required findings as required by Section 29.10.09030(e) of the Town Code for granting approval of demolition of a single-family residence (Exhibit 2); and 3. Make the finding that the project is in conformance with the Residential Design Guidelines (Exhibit 2); and Planning Commission Staff Report-Page 15 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 January 27,2016 4. Do not make the finding required by Section 66474 of the Subdivision Map Act to deny the subdivision application. 5. Make the required considerations as required by Section 29.20.150 of the Town Code for granting approval of Architecture & Site applications (Exhibit 2); and 6. Approve Subdivision Application M-15-001 and Architecture and Site Applications S-15-009 through S-15-011 with the conditions contained in Exhibit 3 and development plans attached as Exhibit 14. ALTERNATNES: Alternatively, the Commission can: 1. Continue the matters to a date certain with specific direction; or 2. Approve the applications with additional and/or modified conditions; or 3. Deny the applications. prov by: Erin Walters oel Paulson, AICP Associate Planner Interim Community Development Director JSP:EMW:cg cc: Gary Kohlsaat, 51 University Avenue, Suite L, Los Gatos, CA 95030 Betchart Union Avenue Joint Venture Partnership, 349 Front Street, Los Altos, CA 94022 N:\DEV\PC REPORTS\20 16\UnionlS97S.docx This Page Intentionally Left Blank 15975 Union Avenue EXHIBIT 1 This Page Intentionally Left Blank PLANNING COMMISSION-January 27, 2016 REQUIRED FINDINGS FOR: 15975 Union Avenue Subdivision Application M-15-001 Architecture and Site Applications S-15-009 through S-15-011 Requesting approval to demolish an existing single-family residence, subdivide one lot into three lots, construct three new single-family residences, and remove large protected trees on property zoned R-1:10. APN 523-42-017. PROPERTY OWNER: Betchart Union Ave Joint Venture Partnership APPLICANT: Gary Kohlsaat, Architect FINDINGS Required fmding for CEQA: • The project is Categorically Exempt pursuant to the adopted Guidelin.es for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures and Section 15315: Minor Land Divisions. Required finding for the demolition of a single-family residence: • As required by Section 29.10.09030(e) of the Town Code for the demolition of a single- family residence: 1. The Town's housing stock will be maintained as the single-family residence will be replaced. 2. The existing structures have no architectural or historical significance, and are in poor condition. 3. The property owner does not desire to maintain the structures as they exist; and 4. The economic utility of the structures was considered. 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 fmdings to deny a Subdivision application: • As required by Section 66474 of the State Subdivision Map Act the map shall be denied if any of the following findings are made: None of the fmdings could be made to deny the application. a. That the proposed map is not consistent with all elements of the General Plan. b. That the design and improvement of the proposed subdivision is not consistent with all .EXHIBIT 2 Page 2 of2 1597 5 Union A venue/M -15-00 1/S-15-009 through S-15-0 11 January 27 , 2016 elements of the General Plan. c. That the site is not physically suitable for the proposed development. d. That the site is not physically suitable for the proposed density of development. e. That the designs of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f. That the design of the subdivision or type of improvements is likely cause serious public health problems . g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large , for access through or use of, property within the proposed subdivision. CONSIDERATIONS Required considerations in review of Architecture & Site applications: • As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. N :\DEV\FINDINGS\20 16\Unionl5975.docx PLANNING COMMISSION-January 27, 2016 CONDITIONS OF APPROVAL 15975 Union Avenue Subdivision Application M-15-001 Architecture and Site Applications S-15-009 through S-15-011 Requesting approval to demolish an existing single-family residence, subdivide one lot into three lots, construct three new single-family residences, and remove large protected trees on property zoned R-1:10. APN 523-42-017. PROPERTY OWNER: Betchart Union Ave Joint Venture Partnership APPLICANT: Gary Kohlsaat, Architect TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as received by the Town on November 24, 2015. 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 u sed 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 exi sting 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 Monarch Consulting Arborists LLC and Deborah Ellis , MS , identified in the Arborist reports, dated as received February 10 ,2015 and April3 , 2015, 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. 8. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being removed. The number of trees and si ze of replacement trees shall be determined using the EXHIBIT 3 canopy replacement table in the Town Code. Town Code requires a minimum 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. LANDSCAPE SCREENING: Landscape screening shall be planted along all property lines. Shrubs and tall shrubs shall be planted with larger than 5-gallon size plants for faster landscape screening. A minimum 24-inch box size trees shall be planted, including some along the project's eastern property line, and large size trees shall be considered. 10. 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 ofbuilding 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. 11 . SALVAGE OF BUILDING MATERIALS : Prior to the issuance of a demolition permit, the developer shall provide the Community Development Director with written notice of the company that will be recycling the building materials. All wood , metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting the type and weight of materials, shall be submitted to the Town prior to the Town 's demolition inspection. 12. STORY POLES : The story poles on the project site shall be removed within 30 days of approval ofthe Architecture & Site application. 13. BLOSSOM HILL ROAD FENCE HEIGHT : Fence height is limited to six feet from grade along Blossom Hill Road. Where fences are constructed on top of walls, the wall will count towards the total height, which may not exceed six feet. 14. OTHER FENCE HEIGHT: Fence height for fences not along Blossom Hill Road are limited to eight feet from grade and may not conflict with traffic view areas. Where fences are constructed on top of walls, the wall will count towards the total height. 15. BUILDING PERMIT PLANS: The building permit plans shall include correct calculations for allowable floor areas . The building permit plans shall be consistent between plan sheets, including references for retaining wall and fence details, fence heights, pavers, pipes, and chimneys. The applicant must include this information in the building permit plans prior to issuance of building permits. 16. DRIVEWAY MATERIAL: Stamped concrete shall be used at the driveway entrance and the garage aprons . Stamped concrete at these locations shall be shown on the building permit plans prior to issuance and be installed prior to final of building permits. 17. 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 action 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. Building Division 18. PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the existing single-family residence and associated accessory structures and a Building Permit the construction of each new single-family residence with attached garage. A separate plan set is required for each lot. Separate permits are required for electrical, mechanical , and plumbing work as necessary. 19 . CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the Building Permit application detailing how the Conditions of Approval will be addressed. 20. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36", maximum size 30" x 42". 21. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District Application from the Building Department Service Counter. Once the demolition form has been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed form to the Building Department Service Counter with the Air Quality Di strict's J# Certificate, PG&E verification, and three (3) sets of site plans showing all existing structures, existing utility service lines such as water, sewer, and PG&E. No demolition work shall be done without first obtaining a permit from the Town. 22. BUILDING ADDRESSES: Submit requests for new building addresses to the Building Division prior to submitting for the Building Permit application process. 23. SOILS REPORT : A Soils Report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics. 24. FOUNDATION INSPECTIONS : A pad certificate prepared by a licensed Civil Engineer or Land Surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report, and that the building pad 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 Surveyor or registered Civil Engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation comer locations d. Retaining Walls 25. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with adaptability features for single family residences per Town Resolution 1994- 61: a. Wood backing (2 " x 8" minimum) shall be provided in all bathroom walls at water closets, showers, and bathtubs, located 34-inches from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32-inches wide on the accessible floor. c. Primary entrance shall be a 36-inch wide door including a 5 'x5 ' level landing, no more than l-inch out of plane with the immediate interior floor level with an 18-inch clearance at interior strike edge. d. Door buzzer, bell or chime shall be hard wired at primary entrance. 26. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined, i.e. directly printed, onto a plan sheet. 27 . BACKWATER 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 Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12-inches above the elevation of the next upstream manhole. 28. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance or a gas appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet of Chimney. 29. FIRE ZONE: The project requires a Class A Roof assembly. 30. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban High Fire Interface Area and must comply with the materials and construction methods for exterior wildfire exposure requirements of Section R327 of the 2013 California Residential Code. 31. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building 32. BLUE PRINT 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 for a fee of $2 or at ARC Blue Print for a fee or online at www .losgatosca.gov/building. 33 . APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development -Planning Division: Erin Walters at (408) 354-6867 b. Engineering/Parks & Public Works Dept.: Mike Weisz at (408) 354-5236 c. Santa Clara County Fire Department: ( 408) 3 78-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit Issuance. f. Bay Area Air Quality Management District: ( 415) 771-6000 TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS : Engineering Division 34. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. All work shall conform to the applicable Town ordinances . The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued. The Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the Developer's expense. 35 . APPROVAL: This application shall be completed in accordance with all the conditions of approvals listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer. 36. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. It is the responsibility of the Applicant/Developer 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 Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Division of the Parks and Public Works Department prior to releasing any permit. 37. PUBLIC WORKS INSPECTIONS: The Developer or his 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 rejection of work that went on without inspection. 38. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Developer'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 Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 39 . SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction . 40 . STREET CLOSURE: Any proposed blockage or partial closure of the street requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 41. 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. 42. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Parcel Map . 43. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to altered work is started. The Applicant's project engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as-built " plans .. 44. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos, Community Development Department. 45. 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. 46 . GRADING PERMIT: Grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of the Town 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, 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. 47. DRIVEWAY: The driveway conform to existing pavement on Union Avenue shall be constructed such that existing drainage patterns will not be obstructed. 48 . DRAINAGE STUDY: Prior to the issuance of any grading permits, the following drainage studies shall be submitted to and approved by the Town Engineer: A drainage study of the project including diversions, off-site areas that drain onto and/or through the project, and justification of any diversions; a drainage study evidencing that proposed drainage patterns will not overload existing storm drains; and detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows , catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 1 00-year flood. 49. DRAINAGE IMPROVEMENT: Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or 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 necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and c) Provide recorded copy of any required easements to the Town. 50. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit/building permit. 51. 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. 52 . PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 53. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre-construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval , and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 54. 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. 55. CERTIFIFATE OF COMPLIANCE: A Certificate of compliance shall be recorded. Two copies of the legal description for each lot configuration, a plat map (8-Yl in. X 11 in.) shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. The submittal shall include closure calculations, title reports less than 90 days old and the appropriate fee. The certificate shall be recorded before any permits may be issued. 56. CERTIFICATE OF LOT LINE ADJUSTMENT: A Certificate of Lot Line Adjustment shall be recorded. Two copies of the legal description for each new lot configuration, a plat map (8-Y2 in. X 11 in.) and two copies of the legal description ofthe land to be exchanged shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. The submittal shall include closure calculations, title reports le ss than 90 days old and the appropriate fee. The certificate shall be recorded before any permits may be issued. 57. PARCEL MAP: A parcel map shall be recorded. Two copies ofthe parcel map shall be submitted to the Engineering Division of the Parks and Public Work s Department for review and approval. Submittal shall include closure calculations, title report s and the appropriate fee. The map shall be recorded before any permits for new construction are issued. The Applicant/Subdivider shall provide the Engineering Division with an electronic copy (in PDF format) and two hardcopies of the signed recorded map along with a CAD drawing of the Parcel Map after it is recorded. 58. CC&Rs : The Applicant/Subdivider shall record CC&Rs at the time of recordation of the parcel subdivision map. These CC&Rs shall be subject to the review and approval of the Town prior to recordation of the parcel map. The owners of the three properties shall be responsible for the maintenance of all private utilities, wildland fire and buffer areas , storm water treatment facilities (including the three bioretention ponds,and bio-treatment swale) landscape areas, and other common areas/facilities within the proposed subdivision. The owners of the three properties shall be responsible for keeping the shared driveway signed, marked , free and clear for fire department access at all times. The property owner of Lot 3 shall keep Lot 3 's driveway apron signed, marked , free and clear for fire vehicle turnaround at all times. 59. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision or tract maps with respect to the subject property or properties, or immediately prior to the issuance of a sewer connection permit, which ever event occurs first. Written confirmation of payment of these fees shall be provided prior to map recordation. 60. PRIVATE UTILITIES-STREET: Prior to the recordation of a subdivision map the Applicant/Subdivider shall place a note on the map, in a manner that meets the approval of the Town Engineer that states: "The private streets, utilities constructed within this map shall be owned, operated and maintained by the Developer, successors or as signs." 61. DEDICATIONS: The following shall be dedicated on the parcel map by separate instrument. The dedication shall be recorded before any permits are issued: a. Union Avenue: A 25-foot right-of-way dedication b. Blossom Hill Road: A I5-foot right-of-way dedication with a 36-foot radius at the intersection with the newly-dedicated right-of-way line ofUnion Avenue. c. A 3-foot wide sidewalk easement along Union Avenue. d. A reciprocal Ingress & Egress Easement (ISE) by separate easement, recorded concurrently with the Parcel Map. e. Emergency Vehicle Access Easement: A 24-foot wide easement through Lots I thru 3, in addition to a 20-foot wide easement for turnaround, as shown on Lot 3. 62. DEMOLITION: The existing building shall be demolished prior to recordation of the parcel map affected by this existing building. 63. 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 design, retaining wall design, and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. 64. SOILS REVIEW: Prior to issuance of any permit, 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. 65. 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. 66. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological recommendations contained in the Geotechnical Investigation by Silicon Valley Soils Engineering, dated November 2014, 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. 67. IMPROVEMENTS AGREEMENT: The Applicant shall enter into an agreement to construct public improvements that are part of the development in a form acceptable to the Town in the amount of I 00% (performance) and I 00% (labor and materials) prior to issuance of any permit. The Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. 68. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town prior to recordation of a map. The joint trench plans shall include street and/or site lighting and associated photometries. A letter shall be provided by PG&E stating that public street light billing will by Rule LS2A , and that private lights shall be metered with billing to the owners of the three properties. Pole numbers, assigned by PG&E, shall be clearly delineated on the plans . 69. WATER DESIGN : Water plans prepared by San Jose Water Company must be reviewed and approved prior to issuance of any permit. 70. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted b y the Town before a Certificate of Occupancy for any new building can be issued. a. Union A venue & Blossom Hill Road: curb, gutter, sidewalk, tie-in paving, signing, striping, storm drainage and sanitary sewers, street lights , traffic signal , intersection improvement, as required. b. Union A venue & Blossom Hill Road: an appropriate structural pavement section for the half-width immediately adjacent to the project frontage of both Union A venue and Blossom Hill Road shall be constructed to the centerline. 71. FRONTAGE IMPROVEMENTS: The Applicant shall be required to improve the project 's public frontage to current Town Standards. These improvements may include but not limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal , street lighting (upgrade and/or repaint) etc. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued . 72. FRONTAGE IMPROVEMENTS (STREET LIGHT): Remove existing street light on PG&E power pole and replace with a Town standard octaflute street light pole with LED light fixture. 73. FRONT AGE IMPROVEMENTS (TRAFFIC): The Applicant shall construct and modify the Blossom Hill Road /Union A venue intersection improvements as required including, and may not be limited to , curb, gutter, sidewalk, asphalt concrete pavement, pork chop island, median island, signs, striping, traffic signal poles, conduits, and equipment, etc ., as directed by the Town Engineer. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 74. FRONTAGE IMPROVEMENTS (SIGNALIZED INTERSECTION): The Applicant shall upgrade existing traffic signal to current Town standards including, and may not be limited to , the following : a. Replace non-LED signals with LEDs b . Replace 8" signal heads with 12" signal heads c . Install pedestrian signal countdown heads d . Install ADA compliant pedestrian push buttons e . Install two video detection cameras f. Install LED safety lighting fixture g. Install EMTRAC fire preemption device h. ADA-compliant pedestrian improvements including curb ramps and pork chop islands i. Others as applicable The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued . 75. ADA COMPLIANCE: The Applicant shall be required to meet all ADA standards, which must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. This may require additional construction measures as directed by the Town. 76. UTILITIES: The Developer 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 . The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 77 . UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility easements. The deed restrictions shall specify that no trees , fences, or hard scape are allowed within the easement boundaries, and that maintenance access must be provided. The Town will prepare the deed language and the Applicant's surveyor shall prepare the legal description and plat. The Applicant shall pay any recordation costs. 78. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany any proposed private easement. Access driveway shall be within the recorded access easement. New private access easement shall be recorded prior to issuance ofbuilding permit. The easement(s) and associated agreement(s) shall be recorded simultaneously with the Parcel Map. 79 . TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed subject to the following requirements: a. The Town standard "T" trench detail shall be used. b. A Town approved colored controlled density backfill shall be used. c. All necessary utility trenches and related pavement cuts shall be consolidated to minimize the impacted area of the roadway. d. The total asphalt thickness shall be a minimum of 3-inches, meet Town standards, or shall match the existing thickness, whichever is greater. The final lift shall be 1.5- inches ofhalfinch medium asphalt. The initiallift(s) shall be of three quarter inch medium asphalt. e. The Contractor shall schedule a pre-paving meeting with the Town Engineering Construction Inspector the day the paving is to take place. f. A slurry seal topping may be required by the construction inspector depending his assessment of the quality of the trench paving. If required, the slurry seal shall extend the full width of the street and shall extend 5-feet beyond the longitudinal limits of trenching. Slurry seal materials shall be approved by the Town Engineering Construction Inspector prior to placement. Black sand may be required in the slurry mix. All existing striping and pavement markings shall be replaced upon completion of slurry seal operations. All pavement restorations shall be completed and approved by the Inspector before occupancy. 80. SIDEWALK REPAIR : The Developer 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. 81. CURB AND GUTTER: The Developer 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. 82. DRIVEWAY APPROACH: The Developer shall install one Town standard residential driveway approach at the project's vehicular point of entry along Union Avenue. The new dri veway approach shall be constructed per Town Standard Plans and must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be iss ued . New concrete shall be free of stamps, logo s, 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. 83. CURB RAMPS: The Developer shall construct all curb ramps in compliance with ADA Standards which must be completed and accepted by the Town before a Certificate of Occupancy for an y new building can be is sued. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identifi ed that is displaying a stamp or equal shall be removed and replaced at the Contractor's so le expense and no additional compensation shall be allowed therefore. 84. FENCING: Any fencin g proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 85. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, shall abide by Town Code Section 23.1 0.080, 26.1 0.065 , 29.40.030. 86. FENCES: Fences between all adjacent parcels shall be located on the property lines/boundary line s. Any existing fences that encroach into the neighbor 's property shall be removed and replaced to the correct location of the boundary line s before a Certificate of Occupancy for any new building can be issued. Waiver of this condition will require signed and notari zed letters from all affected neighbors. 87. TRAFFIC IMPROVEMENTS (OFF-SITE IMPROVEMENT): Off-site improvement plans shall be prepared by the Developer's design consultants and s ubmitted to Town Engin eer for approval prior to construction. The Applicant is required to designate necessary right of way for the required widening. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 88. STREET LIGHTS AND TRAFFIC SIGNAL INSPECTION FEES: The Developer shall pay for the Town's inspection of street lights and traffic s ignal related work installed by the de veloper. The fees, $2,000, shall be due at time of building permit application. 89. TRAFFIC STUDY: Any development ofland use that generates greater traffic impacts than those assumed in the traffic study report may be required an updated traffic study in accordance with Town 's traffic impact policy. 90. TRAFFIC IMP ACT MITIGATION FEE: The Developer 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 traffic impact mitigation fee for this project shall be calculated from the final plans using the rate schedule and current fee schedule in effect at the time the building permit is issued, using a trip generation rate based on a comparison of the site's current and proposed uses. 91. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of a Grading Permit, the project applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35-mm or digital video camera. The results shall be documented in a report and submitted to the Town for review. 92. POSTCONSTRUCTION PAVEMENT SURVEY: The project applicant will complete a pavement condition survey and pavement deflection analysis to determine whether road damage occurred as a result of project construction and whether there were changes in pavement strength. Rehabilitation improvements required to restore the pavement to pre- construction condition and strength shall be determined using State of California procedures for deflection analysis. The results shall be documented in a report and submitted to the Town for review and approval before a Certificate of Occupancy for any new building can be issued. The Applicant shall be responsible for completing any required road repairs prior to release of the faithful performance bond. 93. CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated gro ss vehicle weight exceeding ten thousand (1 0 ,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior to approval from the Town Engineer. 94. TRAFFIC CONTROL PLAN : Traffic control plan is required and must be submitted and approved prior to issuance of any work in the public right-of-way. This plan shall include, but not be limited to, the following measures: a . Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b. Flag persons shall be placed at locations necessary to control one-way traffic flow . All flag persons shall have the capability of communicating with each other to coordinate the operation. c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation. 95. TRAFFIC SIGNAL MODIFICATION PLAN: A Traffic Signal Modification Plan is required and must be submitted and approved prior to issuance of any work in the public right-of-way. This plan shall be prepared by a licensed traffic engineer. 96. HAULING OF SOIL: Hauling of soil on or off-site shall not occur during the morning or evening peak periods (between 7:00a.m. and 9:00 a.m. and between 4:00p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the Developer shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the Developer/Owner to place construction notification signs noting the dates and time of construction and hauling acti vities , or providing additional traffic control. Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand, and other loose debris . 97 . CONSTRUCTION HOURS: All subdivision improvements and site improvements construction activities, including the delivery of construction materials, labors , heavy equipment, supplies, etc. shall be limited to the hours of8:00 a.m . to 8:00p.m., weekdays and 9:00 a.m. to 7:00p.m. weekends and holidays . The Town may authori ze on a case-by- case basis alternate construction hours. The Applicant/Subdivider shall provide written notice 24 hours in advance of modified construction hours . Approval of this request is at discretion of the Town. 98. CONSTRUCTION NOISE : Between the hours of 8:00a.m. to 8:00p.m., weekdays and 9 :00 a.m. to 7:00p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 99. CONSTRUCTION MANAGEMENT PLAN : Prior to the issuance of any permits, the Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, materials storage area(s), construction trailer(s), concrete washout(s) and proposed outhouse locations . 100. MAINTENANCE ACCESS: Prior to the issuance of any permits, the Applicant shall propose maintenance access improvements for the Town Engineer to review, comment on, and approve. The Engineering Division of the Parks and Public Works Department shall approve the surface materials over each public easement. 101. COMMON PRIVATE DRIVEWAY: The common private driveway accessing the Project Site shall be kept open and in a safe, drive-able condition throughout construction and in perpetuity after construction has been completed . If temporary closure is needed , then formal written notice shall be provided at least one week in advance of closure . 102 . WVSD (WEST VALLEY SANITATION DISTRICT): Sanitary Sewer Clean-out shall be installed for each property at the property line, or a location specified by the Town. 103 . SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304 .8 mm) above the elevation ofthe 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 issuance of a building permit. I 04. STORMW ATER MANAGEMENT: Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs 1 acre or more which are part of a larger common plan of development which disturbs less than 1 acre are required to obtain coverage under the construction general permit with the State Water Resources Control Board. The Applicant is required to provide proofofWDID# and keep a current copy of the storm water pollution prevention plan (SWPPP) on the construction site and shall be made available to the Town of Los Gatos Engineering Division of the Parks and Public Works Department and/or Building Department upon request. 105. 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 . I 06. STORMW A TER DEVELOPMENT RUNOFF: All new development and redevelopment projects are subject to the Stormwater development runoff requirements. Every applicant shall submit a storm water control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Increases in runoff volume and flows shall be managed in accordance with the development runoff requirements in such a way that post-development flows meet or are below pre-development flows. I 07. SITE DESIGN MEASURES: All projects shall incorporate the following measures: a . Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas. d. Use landscaping to treat stormwater. 108. LANDSCAPING: In finalizing the landscape plan for the biotreatment area, it is recommended that the landscape architect ensure that the characteristics of the selected plants are similar to those of the plants listed for use in bioretention areas in Appendix D of the SCVURPPP C.3 Stormwater Handbook. I09. 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 Notice oflntent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy sea son . Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences , fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C .14 of most current Santa Clara County NPDES MRP Permit. Monitoring for erosion and sediment control is required and shall be performed by the QSD or QSP as required by the Construction General Permit. Stormwater samples are required for all discharge locations and projects may not exceed limits set forth by the Construction General Permit Numeric Action Levels and/or Numeric Effluent Levels. A Rain Event Action Plan is required when there is a 50% or greater forecast of rain within the 48 hours , by the National Weather Service or whenever rain is imminent. The QSD or QSP must print and save records of the precipitation forecast for the project location area from (http://www.srh.noaa.gov/forecast) and must accompany monitoring reports and sampling test data. A Rain gauge is required on site. The Town of Los Gatos Engineering Division of the Parks and Public Works Department and the Building Department will conduct periodic NPDES inspections of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations . I I 0. 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 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 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 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 111. 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 ABAG Manual of Standards for Erosion & Sediment Control Measures , 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. 112. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled/signed with appropriate "NO DUMPING-Flows to Bay" NPDES required language. On-site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be placed 10' minimum from adjacent property line and /or right-of-way. 113. STORM WATER MANAGEMENT PLAN: A storm water management plan shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of the Municipal Regional Stormwater NPDES Permit, Order R2-2009-074. The plan shall delineate source control measures and BMP 's together with the sizing calculations. The plan shall be certified by a professional pre- qualified by the Town. In the event that storm water measures proposed on the Planning approval differ significantly from those certified on the Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The Applicant may elect to have the Planning submittal certified to avoid this possibility. 114. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the storm water management plan: "The biotreatment soil mix used in all stormwa ter treatment landscapes shall comply with the specifications in Attachment L of the MRP . Proof of compliance shall be submitted by the contractor to the Town of Los Gatos 30 days prior to delivery of the material to the job site using the Biotreatment Soil Mix Supplier Certification Statement." 115 . STORM WATE R MANAGEMENT PLAN CERTIFICATION: Certification from the biotreatment soils provider is required and shall be given to Engineering Division Inspection staff 30 days prior to delivery of the material to the job site. Additionally deliver tags from the soil mix shall also be provided to Engineering Division Inspection staff. Sample Certification can be found here: http://www.scvurppp-w2k.com/nd_wp .shtml?zoom_highlight=BIOTREATMENT+SOIL 116 . AGREEMENT FOR STORMW ATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS: The owners of the three properties shall enter into an agreement with the Town for maintenance of the stormwater treatment facilities required to be installed on this project by Town 's Stormwater Discharge Permit and all current amendments or modifications. The agreement shall specify that certain routine maintenance shall be performed by the owners of the three properties and shall also specify facility maintenance reporting requirements. The agreement shall also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 117 . SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of contractor and home owner 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. 118. 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 storing of goods and /or materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued . The Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-wa y according to this condition may result in the Town performing the required maintenance at the Developer's expense. 119. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The Applicant shall initiate a weekly neighborhood e-mail notification program to provide project status updates. The e-mail notices shall also be posted on a bulletin board placed in a prominent location along the project perimeter. 120. PERMIT ISSUANCE: Permits for each phase; reclamation, land scape, and grading, shall be issued simultaneously. 121. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. 122. FUTURE STUDIES: Any post project traffic or parking counts, or other studies imposed by Planning Commission or Town Council shall be funded by the Applicant. 123. SUBDIVISION IMPROVEMENT AGREEMENT: The Applicant shall enter into an agreement to construct public improvements in accordance with Town Code Section 24.40.020 . The Applicant shall supply suitable securities for all public improvements that are part of the development in a form acceptable to the Town in the amount of 100% (performance) and 100% (labor and materials) prior to issuance of any permit. Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. 124. UTILITY COMPANY REVIEW : Letters from the electric, telephone, cable, and trash companies indicating that the proposed improvements and easements are acceptable shall be provided prior to recordation of the parcel map. 125. ABOVE GROUND UTILITIES: The Applicant shall submit a 75-percent progress printing to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water meters, off-street valve boxes, hydrants , site lighting, electrical/communication/cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by Community Development prior to issuance of any permit. 126. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the parcel map. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 127. WILDLAND-URBAN INTERFACE: This project is located within the designated Wildland-Urban Interface Fire Area. The building construction shall comply with the provisions of California Building Code (CBC) Chapter 7 A. 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. 128. FIRE SPRINKLERS REQUIRED: An automatic residential fire sprinkler system shall 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 I ,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 modification or upgrade of the existing water service is required. A State of Cali fornia 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. CRC Sec. 313.2 as adopted and amended by LGTC. 129. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI- 7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chapter 33. 130. ADDRESS IDENTIFICATION. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters . Numbers shall be a minimum of 4 inches ( 101 .6 mm) high with a minimum stroke width of 0 .5 inch (12. 7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. CFC Sec. 505.1 131. FIRE DEPARTMENT ACCESS: The minimum clear width of fire department access roads shall be 20 feet. Modifications to the design or width of a fire access road, or additional access road(s) may be required when the fire code official determines that access to the site or a portion thereof may become compromised due to emergency operations or nearby natural or manmade hazards (flood prone areas, railway crossings, bridge failures, hazardous material-related incidents, etc. Refer to SCCFD SD&S A-1 and A-6 , available on our web site www.sccfd.org in the Fire Resources and Services Section, Fire Prevention CFC Chapter 5. 132. FIRE LANE MARKING: Detailed plans showing the location of the lanes may be required . Fire apparatus access roads, driveways and access ways shall not be marked as fire lanes without first obtaining Fire Department approval. Fire lanes shall be identified by red curb marking, signage or roadway surface marking as specified in our SD&S A-6. CFC Chapter 5. 133. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder's Office that requires that the owners of the three properties be responsible for keeping the shared driveway signed, marked, free and clear for fire department access at all times. The property owner of Lot 3 shall keep Lot 3' s driveway apron signed, marked, free and clear for fire vehicle turnaround at all times. N:\DEV\CONDITIONS\20 16\Union 15975.docx TOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95032 (408) 354-6874 SUMMARY OF DISCCSSION OF A REGULAR MEETING OF THE CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE OF THE TOWN OF LOS GATOS FOR WEDNESDAY, AUGUST 13, 2014, HELD IN THE TOWN COUNCIL CHAMBERS, C IVI C CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFOR NIA. The m eeting was call ed to order at 4:30 p.m. ATTENDANCE Members Present: Absences: Staff Present: Applicant: ITEM 1: Barbara Spector, Margaret Smith, Joanne Talesfore Marcia Jensen, Kendra Burch Laurel Prevetti, Assistant Town Manager/Community Developme nt Director Joel Paulson, Planning Manager Gary Kohlsaat, Architect 15975 Union Avenue Conceptual Development Advisory Committee CD-14-00 I Requesting review of conceptual plans for a Subdivision Application to s ubdivide one lot into three lots . APN 523-42-017. PROPERTY OWNER: De Nardi Group APPLICANT: Gary Kohlsaat, Architect Comments: • Corridor lot concept is interesting. • Double frontage lots are a concern . • Orientation, s treet presence, site layout, compatibility, and fencing on Blossom Hill Road wi ll need to be addressed. • The applicant is advised to work with the neighbors. • Side loaded garages are preferred. • Loss of the vegetation on the northern portion of the property is a concern . • Shared access is a challenge. • Some Committee members prefer the Yz cul-de-sac option. • Concept B presents access challenges on Union Avenue given the typical backup of tra ffic from Blossom Hill Road. • Normally, the Town discourages flag lots, but Concept B is the least objectionable. • The Committee expres sed concerns about driveways and access on Un ion A venue. • These will be challenging lots on challenging s treets. ADJOURNMENT Meeting adjourned at 5: I 0 p .m . The next regular meeting of the Conceptual EXHIBIT 4 Conceptual Development Advisory Committee AUh'USt 13 ,2014 Page 2 Prepared by: Development Advisory Committee is Wednesday, September I 0, 2014. This meeting has been cancelled and the October meeting is scheduled for Wednesday, October 8, 2014. 1cc : Planning Commission Chair N :•D I:V \CDAC \M INt:TES\20 14\K-13-14 .doc 15975 UNION AVENUE (LOT 1) ~ROJECT DATA EXISTING PROPOSED CONDITIONS PROJECT Zoning district R-1 :10 same Land use Single Family Residential Same General Plan Designation low density residential same Lot size: Square feet/acres 43,103 sg fV.99 acres 12,941 sq fV.30 acres 3 Exterior materials: siding Wood Wood Lap Siding trim Wood Wood windows Wood Vinyl Clad roofing Wood Shakes Composition Building floor area (sq. ft.): first floor 2,180 sq ft 1,750 sq ft second floor 1,555 sq It garage 600 sq ft 763 sq It cellar Setbacks (ft.): front 70 '-2" 37 .5 ' rear 95 '-0" 31 '-2" side 6 '-7" R 17'-6" side street 79 '-6 " L 17-6" Maximum height (ft.) 27'-1" Building coverage (%) 7 .1% 19.4% Floor Area Ratio (%) house 5 .1% 25 .5 % garage 1.4% 5.9% Parking 2 3 Tree Removals ye s, all but one See Landscape Plan Sewer or septic Sewer Sewer REQUIRED/ PERMITTED - - - 10 ,000 sq. ft. min . -RECEI\J -n ~; ~ uH'" "'"' - TOWN OF LO Dl L·.!-.'NING 0 - - - - 25 feet minimum 20 feet minimum 1 0 feet minimum 15 feet m inimum 30 feet max imum 40% maximum sq . ft. max imum sq. ft. maximum two spaces m inimum canopy replacement - ED 016 GATOS VISION lEXlllBIT 5 -·- 15975 UNION AVENUE (LOT 2) PROJECT DATA EXISTING PROPOSED REQUIRED/ CONDITIONS PROJECT PERMITTED Zoning district R-1 :10 same - Land use Single Family Residential Same - General Plan Designation low density residential same - Lot size: Square feet/acres 43 ,103 sg fV .99 acres 11 ,351 sq tv.26 acres 10 ,000 SQ . ft. min. 3 Exterior materials: siding Stucco - trim Wood - windows Vinyl Clad - roofing Concrete "S"-tile - Building floor area (sq. ft.): first floor 1,646 sq ft - second floor 1,701 sq It - garage 736 sq It - cellar - Setbacks (ft.): front 32 ' 25 feet minimum rear 17'-6" 20 feet minimum side L 14'-6" R 12'-0" 10 feet minimum side street 15 feet minimum Maximum height (ft.) 26'-9" 30 feet maximum Building coverage (%) 21 % 40% maximum Floor Area Ratio (%) house 14.5 % SQ . ft. maximum garage 6 .5% SQ . ft . maximum Parking 3 two spaces minimum Tree Removals See Landscape Plan canopy replacement Sewer or septic Sewer - "" 15975 UNION AVENUE (LOT 3) PROJECT DATA EXISTING PROPOSED REQUIRED! CONDITIONS PROJECT PERMITTED Zoning district R-1 :10 same - Land use Single Fam ily Residential Same - General Plan Designation low dens ity residential same - Lot size: Square feeUacres 43 ,103 sg fU.99 acres 11 ,353 sq ft/.26 acres 10 ,000 sq. ft. min . 3 Exterior materials: s i ding Wood Lap Siding - trim Wood - windows Vinyl Clad - roofing Composition - Building floor area (sq. ft.): first floor 1,646 sq ft - second floor 1,722 sq ft - garage 736 sq ft - cellar - Setbacks (ft.): front 31 '-6 " 25 feet min imum rear 27 '-6" 20 feet minimum side L=12 ', R=14 '-6" 10 feet minimum s ide street 15 feet minimum Maximum height (ft.) 27'-8" 30 feet maximum Building coverage (%) 21 % 40% maxi mum Floor Area Ratio (%) house 14.5% sq . ft. maximum garage 6 .5% sq . ft. maximum Parking 3 two spaces minimum Tree Removals See Landscape Plan canopy replacement Sewer or septic Sewer - This Page Intentionally Left Blank ARCHITECTURE Development Review Committee Community Development Department, Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Re: UNION AVENUE ESTATES, Proposed 3 Lot Subdivision 15975 Union Ave@ Blossom Hill Rd Members of the Committee: RECEIVED APR 1 0 2015 TOWN OF LOS GATOS PLANNING DIVISION April9, 2015 We are seeking approval for a proposed three lot subdivision in Northeast Los Gatos, located at the NW comer of Union Avenue and Blossom Hill Road . The property is zoned R -1:10 and is just over of 43 ,000 square feet . Once the required street dedications are subtracted , the net lot area equals 35,645 sf. The three proposed parcels meet or exceed all of the minimum development standards. The property had been occupied by one family for many years , and is mostly overgrown with trees and shrubs. The house is not historical nor does it have any architectural value or merit. The overall average slope of the lot, prior to street dedications is 10.3 %. The average slope of the net lot, after deducting 15 feet along Blossom Hill and 25 feet along Union Ave , is approximately 8%. Each individual lot will have average slopes less than 10%. The properties on the South side of Blossom Hill are in the Hillside zone and mostly hidden from the road . All of the adjacent properties that lie on the North side of Blossom Hill Road are zoned R:1 -10 and have been subdivided and developed in various manners. The parcel immediately to the West was split into four and utilizes a shared, central access road from Blossom Hill . None of these homes have a real "presence" on the street, with a six foot tall redwood fence blocking most if not all of the facades. The subdivision to the rear (Lasuen Ct.) is a cul-de-sac design with ten large semi-custom homes . The property to the East, across Union Avenue (Leeward Ct.) is another cul-de-sac, divided into eight parcels with simple but relatively uninspired homes . PROPOSED SUBDIVISION The proposed subdivision conforms to all of the development standards for new lots, including the added depth required (125ft) for properties fronting a designated Arterial Route (Blossom Hill Road). Street dedications of 25 feet on Union and 15 feet on Blossom Hill are included, which will provide a major upgrade to this intersection that will greatly benefit the general public . The added street width to Blossom Hill will conform with the nei ghbor's line, ~EXHIBIT 6 51 University Avenue, S uite L • Los Gatos, CA 95030 • 408.395-2555 UNION AVENUE ESTATES, LOS l..:iATOS, CA PAGE2 OF5 completing the sidewalk and bike path, while providing extra parking and expanded vision for drivers . This portion of the original property is the only area with average slopes exceeding 10%. The Hillside Development Standards and Guidelines Checklist has been completed for all applicable items pertaining to this portion. All three parcels will have vehicular access via a twenty four foot wide shared ingress/egress easement along the Northerly property line, fronting onto Union Avenue. This approach came about as a direct result of the CDAC meetings and will eliminate dangerous access to Lots 2 and 3 from Blossom Hill road. This design concept is very logical on several levels, especially given the incline of Blossom Hill in relation to the proposed pad heights. The road also inclines after crossing Union Ave, and raises above the majority of the property. This situation makes for a less than desirable vehicular egress unless suitable on-site turnarounds can be fashioned without dominating the streetscapes. By placing the driveways in the rear, the amount of required grading is reduced significantly, as compared to the efforts needed to build up the driveways for direct access from Blossom Hill Rd. This road is so busy, it is hard to imagine how having a front door on Blossom Hill is desirable for a homebuyer. The South-facing orientation of the rear yards is better from a landscape/end user point of view. There is no reason the architecture can not be equally as attractive on the rear facade as on the front. And there is ample room for tree screening along the road. PROPOSED ARCHITECTURE The overall architectural concept for the project is to create a small enclave, drawing inspiration from iconic Los Gatos neighborhoods, where an eclectic mix of traditional styles blend harmoniously. As per our market research for the type of units desired by Los Gatos residents, the targeted buyers for these homes are families with young children. The diversity of styles adds interest and the appearance of a custom built community rather than a cookie cutter approach. Three of the most common and popular styles were chosen: Craftsman, Spanish and Traditional Hampton style. Each home will be two stories and have five bedrooms, four to five and one-half bathrooms and ample exterior entertaining areas. The proposed home on the corner is oriented toward Union Avenue, with a three car garage to the side (accessed from the easement). This home is a two story Craftsman style, picked to create the sense that this home could have been an original orchard/ranch home. The Craftsman style is evident with horizontal siding, gabled roofs and typical details like tapered front porch columns, knee braces, stone accents and shingled gable ends. The window frames will be wood/ vinyl clad with grids, and will have wide flat trim . The front porch, with square columns and decorative railings, welcomes guests while providing added interest to the front facade. The style chosen for the middle property (Lot 2) is Spanish Mediterranean, with an off white stucco exterior, S tile roof and simple forms. The front porch provides cover for guests and is the focal point of the entry. The stair tower in the corner adds authentic detail and dark brown door and window frames provide for a real wood look. Wood corbels and support posts help to complete the home. UNION AVENUE ESTATES, LOS \2ATOS , CA PAGE3 OFS And finally, the third property (Lot 3) will be done in a more traditional east coast (Hampton) style, with horizontal siding and prominent soffitted eaves . The blue-gray walls will be accented with white gridded windows, trim and detailing . The front porch has square painted columns and a hipped roof, which breaks up the two story facade . Subtle details like a trellis over the garage doors and shaped corbels fill out the exterior and add interest to this simple yet balanced exterior. FEATURES All three homes have been designed to focus the views to the front and rear yards , thus preserving privacy not only to adjacent neighbors but to each other, too . The pad elevations are such that these homes will be set low and not be imposing . All three homes are under the maximum FAR and also have greater than the minimum required setbacks , so they do not look crammed onto tiny lots . Sustainable, all -new landscaping will be planted strategically to not only provide appropriate shade and screening , but also for maximum livability. And all three homes are designed to have suitable roofs (uninterrupted , South facing) for installing ample solar panels. Since Blossom Hill Road is a heavily traveled route, six foot tall redwood fences are proposed along the new sidewalk . This will continue the existing pattern of the properties to the West while adding privacy and a security feature for the rear yards of the development. The fence will be stacked on top of the retaining walls that are necessary to support the new roadbed, using steel columns that will provide excellent and durable support . Several trees are proposed throughout the three lots to replace the ones removed . The access driveway will be screened along the north property line , and all of the perimeters are planted . Drought-tolerant shrubs and plants are specified for all publicly viewed landscaped areas. The entire length of the driveway will have permeable pavers over a stormwater infiltration area . CDAC MEETING & INPUT This project was heard by the Conceptual DevelopmentAdvisory Committee on August 20, 2014. Three concepts were presented to the committee and all had both pros and cons. Solid feedback was provided, as well as a general consensus was reached that a fourth/hybrid solution would be the most desirable design. This concept calls for a shared ingress and egress easement for all three homes to use from Union Avenue and is the one proposed with this application. Specifically, the proposed application addresses and responds to the following CDAC Comments as follows: 1. Corridor Lot concept is interesting- • This is essentially how the project is designed, although they are technically not "corridor" lots , as these are generally not supported by the Town. 2. Double frontage lots are a concern- • Double frontage lot designs eliminated . 3. Orientation , street presence , site layout , compatibility, and fencing on Blossom Hill Road will need to be addressed- • I UNION AVENUE ESTATES, LOS uATOS, CA PAGE40F 5 • Since the proposed comer home is oriented in a conventional manner, only Lots 2 and 3 are "unconventional" in that the front facades do not face the street. However, this orientation mimics the adjacent parcels as well as several more along blossom Hill Rd . The elevation of the road in comparison to the houses diminishes their impact on the streetscapes, and the cedar privacy fences, which continue the established pattern, further reduce the street presence. The overall design will actually have more of the effect of one single family residence, as the other homes will not be highly visible. 4. The applicant is advised to work with the neighbors- • The neighbors to the north have been notified, and now that the Town's architectural peer review has come back positive, the designs will be shared with the remainder of the neighbors asap . 5 . Side loaded garages are preferred- • All garages are side facing in relation to the entrance doors and access roads/drives. 6. Loss of vegetation on the northern portion of the property is a concern- • The northern portion of the lot is the only viable location for the access drive. Three trees-two pines and one buckeye are being removed, along with some privet hedges . The screening along this boundary will be replanted after grading and will provide more attractive and water conscious hedges that will be sustainably effective. Additionally, the layouts of the new homes present little infringement of privacy to the Northern neighbors, as the primary focus is towards Blossom Hill. 7. Shared access is a challenge- • The access driveway will be a shared easement for ingress and egress, but each property will own their portion of the easement. Each buyer will be aware of the situation prior to making any purchase. 8. Some committee members prefer the 112 cul-de-sac option- • Through many iterations it was determined that a cul-de-sac style would not allow for the creation of three conforming lots. 9. Concept B presents challenges on Union Avenue given the typical backup of traffic from Blossom HilJ Road- • The access drive outlet is located at the farthest point away from Blossom Hill Road. With the new traffic configurations at this intersection as a result of this project, the traffic flow should be dramatically improved . 10. Normally, the Town discourages flag lots, but Concept B is the least objectionable- • The proposed configuration is a Hybrid, but technically not a series of flag lots. 11. The Committee expressed concerns about driveways and access on Union Avenue- • See response to #9 above 12 . These will be challenging lots on challenging streets- • Agreed! This is a challenging project but with a lot of hard work, the design team has put forth an excellent project, with three well designed homes on legal, conforming lots. Vehicular access has been grouped and located in the least problematic location. CONCLUSION The comer of Blossom Hill Road and Union Avenue is one of the gateways into Town. Union Estates converts an overgrown, derelict property into a small community that will have the look and feel of Los Gatos. The architecturally designed homes will compliment each other and UNION AVENUE ESTATES, LOS l.:iATOS, CA PAGE 5 OF 5 provide an attractive enclave that neither speaks too loud nor is too diminutive for this comer. Along with the added street improvements, this development is a win -win for all. Sincerely, Gary Koh aat Architect C19245 This Page Intentionally Left Blank UNION AVENUE ESTATES , LOS GATOS, CA PAGE 2 OF3 This reduction in the site retaining wall was achieved by several methods, one of which was to lower the finish floors of the homes on Lot 1 (11"), Lot 2 (19 112") and Lot 3 (24"). Additional grading was done in the rear yards which happened to increase the south retaining walls along Blossom Hill, done under the Town's observation . The front home on Union (Lot 1) was moved to the South by 24" and the two interior homes (Lots 2 & 3) were also moved to the South by 28". ARCHITECTURE: The roof pitch of the middle house (Lot 2) was reduced from 5:12 to 4:12, resulting in a net reduction of 15" at the highest ridgeline (second floor roof). Additionally, the roof over the garage was changed from a gable end that faced the northerly neighbor to a shed roof sloping up to the second floor to further reduce bulk on this end. NEIGHBORHOOD SITE MEETING: On the evening of Oct 21, we held a neighborhood meeting to review the revised drainage and architectural plans. All of the immediate neighbors were invited and most showed up . Attending were Joni and Gideon Gimlan, Jan Murray and Peter Costigen, Susanne Belshe, Orv Blessing, Tom Manzgawu and Jazmin Jonson . Ian Carney and Tim Cronin represented the ownership group, and Amanda Wilson from Hanna Brunetti Civil Engineers along with myself represented the design team . We displayed the revised drainage plan , a traffic plan for the Union and Blossom Hill intersection, expanded site cross sections through each Lot, and an architectural exhibit depicting the proposed building pads as they sit in relation to the existing grades. We provided background of the previous process , then introduced the new drainage concepts to the group. We explained that the story poles did not reflect these latest changes. We then tried to answer as many questions as possible , both in the group setting and individually as well. We estimate that 90% of the neighbors concerns centered around site drainage and runoff. Amanda Wilson described the new scheme. The revamped design essentially stops a11 storm water from flowing across the Northerly property line. The first lines of defense is the new curb and gutter to be installed on Blossom Hill Road, capturing a serious amount of surface water that now flows onto the site. Then, the two stepped retaining walls along Blossom hill will act as a giant french drain to collect and reroute subsurface water that also historically ran onto the property (and beyond?). The new bioswale system will that the site collected water, treat it and then direct it the storm water system instead of the previous design, which encouraged infiltration . And finally, the last line of defense is the North site retaining wall, which will again catch subsurface water before it migrates downhill to the neighbors' yards . The other concerns were about the height of the homes, particularly the middle home on Lot 2. Jan Murray and Peter Costigen live directly behind Lot 2 and were the most vocal in their concern of privacy and loss of mountain views. Using the building pad drawings, we explained bow only a portion of the proposed house was to be above the current grade. The home has 10 foot high plates on the first floor (the industry UNION AVENUE ESTATES , LOS GATOS, CA PAGE30F3 standard) and 9 ' -6" plate heights on the second floor , with the exception two gabled rooms that face the side and rear yards so they don't come into play. Even though we are planning for 10 foot plates , the majority of the ceilings will be dropped with soffits to 9 feet (from the finished floor) in order to accommodate the heating and air conditioning duct work. This ductwork is normally run under the house, but the high water table bas dictated the use of concrete slab floors instead of a raised floor system. HVAC ducting is extremely difficult and problematic to run through the concrete slabs, so this is non-negotiable. We also pointed to the cross sections that show the distance between the two homes to equal to 89 feet (from the second story over the garage) and a full 110 feet to the second floor over the living room . With the amount of existing landscape screening and the proposed screening on the North border, we feel that the screening is more than adequate. This, of course, is simply our professional opinion, based on our experience, and is not meant to be offensive to Jan and Peter, so we hope they don't take this too personally. We agreed to adjust the story poles of Lot 2 to better represent the new proposed house , showing how the entire house was lowered by 19", plus the reduced roof pitch also lowered the overall height and mass by an additional 8-15". We have agreed to provide her with a set of the plans. The new poles are scheduled to be reset for all three homesites in early December. Jan was also concerned about the amount of shading on her property from the new homes . Based on the updated shadow studies, the only time the the homes cast shadows is in the middle of winter during the early morning and late afternoon hours . These shadow studies were created with our 3D software, without any trees taken into consideration, and are highly accurate. SUMMARY: Captured rainwater will no longer recharge the water table and will be directed off site after being "treated". The houses have been lowered 1-2 feet and moved away from the houses to the North by 28". The retaining wall along the North line has been reduced by 2-3 feet in height. And on Lot 2, the roof has been lowered by an additional 15". The architectural plans have been updated to include these changes, including new building elevations, locations, streetscapes and shadow studies. Additionally, a sheet including three cross sections cut through each house , from Blossom Hill to Lasuen 0 has been included in the set. Please consider these revisions and efforts when analyzing this application, and let us know if you'd any further information or explanations . With Regards, Gary Koh at Architect Cl9245 Enclosures: Site Graphic of House Pads on Existing Grades This Page Intentionally Left Blank Tree Inventory, Assessment, and Protection Plan 15975 Union Avenue Los Gatos, CA 95032 Prepared for: Carney Construction Consulting, I nc. January 5, 2015 Prepared By: Richard Gessner ASCA -Registered Consulting Arborist ® #496 /SA-Board Certified Master Arborist® WE-434JB /SA -Tree Risk Assessor Qualified P.O. Box 1010 Felton, CA 95018 831 . SS1 . 8982 Consulting Arborists LLC © Co pyri ght Monarc h Consulting Arborists LLC, 2015 RECEIVED FEB 1 0 2015 TOWN OF LOS GATOS PLANNING DIVISION EXHIBIT 8 15975 Union Avenue Tree In ventory, A ssessment, and Protection Plan January 5 , 2015 Table of Contents Table of Contents .................................................................................................... 1 Summary ................................................................................................................ 1 Background ............................................................................................................. 1 Assignment ............................................................................................................. 1 Limits of the assignment ......................................................................................... 1 Purpose and use of the report ................................................................................ 2 Observations ........................................................................................................... 2 Discussion .............................................................................................................. 3 Tree Inventory ......................................................................................................... 3 Condition Rating ..................................................................................................... 5 Suitability for Preservation ...................................................................................... 6 Influence Level ........................................................................................................ ? Tree Protection ....................................................................................................... 8 Critical Root Zone ................................................................................................... 9 Conclusion ............................................................................................................ 1 0 Recommendations ................................................................................................ 1 0 Bibliography .......................................................................................................... 11 G lossary of Terms ................................................................................................. 12 Appendix A: Tree Inventory Map ........................................................................... 13 Appendix B : Tree Inventory Table ......................................................................... 14 Appendix C : Photographs ..................................................................................... 21 C1: Site From Union Avenue ................................................................................ 21 C2: Neighbor's Redwoods .................................................................................... 22 C3: Site Interior ..................................................................................................... 23 C4: Leaning Coast Live Oaks ............................................................................... 24 C5: Privets ............................................................................................................ 25 Appendix 0: Tree protection specifications ........................................................... 26 Pre-Construction Meeting with the Project Arborist .............................................. 26 Tree Protection Zones and Fence Specifications ................................................. 26 Monitoring ............................................................................................................. 26 Restrictions Within the Tree Protection Zone ....................................................... 26 Monarch Consulting Arborists LLC -P.O Box 1010, Felton , CA 95018 831 .331 .8982-rick@monarcharborist.com Page 1 of 2 15975 Un io n Avenue Tree In ve ntory, Assessment, and Protection Plan January 5, 20 15 Root Pruning ......................................................................................................... 27 Boring or Tunneling ............................................................................................... 27 Timing ................................................................................................................... 27 Tree Pruning and Removal Operations ................................................................ 27 Tree Protection Signs ........................................................................................... 27 Appendix E: Tree Protection Signs ....................................................................... 28 E1: English ............................................................................................................ 28 E2: Spanish .......................................................................................................... 29 Qualifications, Assumptions , and Limiting Conditions .......................................... 30 Certification of Performance ........ : ........................................................................ 31 Monarch Consulting Arborists LLC -P.O Box 1010, Felton , CA 95018 831.331 .8982 -rick @monarcharborist.com Page 2 of 2 15975 Union Avenue Tree Inventory, Assessment, and Protection Plan January 5 , 2015 Summary The property is located on the northwest corner of Union Avenue and Blossom Hill Road and contains 112 trees comprised of 39 different species . Sixty-nine (69) trees have trunk diameters less than twelve inches and two ofthose are coast live oaks (Que rc us agrifolia). Forty-three (43) trees have trunk diameters twelve inches or greater and consist primarily of the conifers on site and some coast live oaks . Seventy trees were considered to be in fair overall condition. Two trees are dead and thirty-one are in poor condition . Nine trees are in good condition including the neighbor's coast redwoods and several of the deodar cedars. Most of trees within the project area are not suitable for retention under a development setting. Although many trees are in fair condition most of the species or individuals would not be compatible with another use for the site. Six trees have good suitability including two on the neighboring property. Twelve trees have fair suitability and the remaining ninety-four are poorly suited for retention. Approximately 100 trees will be highly affected by the project and require removal. Trees located along the north property boundary and on the neighbor 's property will be moderately influenced and some tree protection will be required . The grading of the site and the improvements to extend the sidewalk around to Blossom Hill Road will all require significant tree removal to accommodate the development. The neighbor's coast redwoods will need to have their root zones protected at a distance of five times their trunk diameters to avoid unnecessary damage. Background Carney Construction Consulting, Inc. asked me to assess the site, trees , proposed footprint plan, and to provide a report with my findings and recommendations to help satisfy the Town of Los Gatos planning requirements. Assignment 1. Provide an arborist 's report that includes an assessment of the trees within the project area. The assessment is to include the species, size (trunk diameter), condition (health and structure), and suitability for preservation ratings. 2. Provide tree protection specifications and influence ratings for the trees that will be influenced by the project. Tree protection will be placed on a provided map if necessary. Limits of the assignment 1. No tree risk assessments were performed. 2. The information in this report is limited to the condition of the trees during my inspection on December 10 , 2014 . 3. The plans reviewed for this assignment were as follows: Sheet A-2 dated 12/12/2014 provided by Kohlsaat & Associates. No grading, drainage, utility plan or landscape plan was reviewed. Monarch Consulting Arborists LLC -P.O Box 1010, Felton , CA 95018 831.331.8982-rick@monarcharborist.com Page 1 of 31 15975 Union Avenue Tree Inventory, Assessment , and Protection Plan January 5 , 2015 Purpose and use of the report The report is intended to identify all the trees within the plan area that could be affected by a project. The report is to be used by Carney Construction Consulting, Inc ., their agents , and the Town of Los Gatos as a reference for existing tree conditions to help satisfy the Town of Los Gatos planning requirements. Observations The property is located on the northwest comer of Blossom Hill Road and Union Avenue in Los Gatos (Image 1). There is a residence and detached garage located near Union Avenue. All the vegetation on the property is overgrown and has not been maintained and the lot is vacant. There are several volunteer privets (Ligu s trum luc idum) growing throughout the property along with several other species of trees. Many trees along Blossom Hill have been topped to accommodate the high voltage lines and there are two dead Monterey pines (Pinus radiata) near the southwest comer. There is one large double stem coast redwood (Sequoia sempe rvire ns) and two leaning coast live oaks (Appendix C). Along the north boundary are three coast redwoods on the neighbor 's property and two are close to the fence . Throughout the site there are several mature deodar cedar (Cedrus deodara) and some eastern black walnut (Juglans nigra). Image 1: Site overview. Courtesy of Google Maps 2015. Monarch Consulting Arborists LLC -P.O Box 1010, Felton, CA 95018 831 .331 .8982-rick@monarcharborist.com Page 2 of 31 15975 Union Avenue Tree Inventory, Assessment , and Protection Plan January 5, 2015 Discussion Tree Inventory The tree inventory consists of trees protected by the Town of Los Gatos that are located on the site and those in close proximity on neighboring properties. The Town of Los Gatos protects all trees with a trunk diameter greater than (4) four inches at (36) thirty six inches above grade on vacant or underdeveloped lots (Appendix A and B). All trunk diameters were measured with a standard tape measure. Heights and crown radii are estimates. Aluminum tree tags have been affixed to all trees and neighboring trees have tags on the fence. The site and adjacent properties contain 112 trees comprised of 39 different species (Chart 1). Most of the trees are invasive volunteers as evidenced by the quantity of privets on site . There are several other invasive species as well including silk oak, black acacia, black walnut, silver acacia, Catalina cherry to name a few. The table below lists the average trunk diameters, heights, and crown crown radii (Table 1 ). Table 1: Average Trunk Diameter, Height, Crown Radii r Trunk Diamet~r Height Crown Radii 11 inches 15 feet 8 feet Sixty-nine trees have trunk diameters less than twelve inches and two of those are coast live oaks . The majority of these small trees are privets or fruit trees and most are concentrated around the perimeter near Blossom Hill Road. Forty-three trees have trunk diameters twelve inches or greater and consist primarily of the conifers on site and some coast live oaks. Monarch Consulting Arborists LLC -P.O Box 1010, Felton, CA 95018 831.331.8982 -rick@monarcharborist.com Page 3 of 31 15975 Union Avenue Tree Inventory, Assessment, and Protection Plan January 5 , 2015 The c hart below lists the species and quantity of tre es within the project area (Chart 1) Chart 1 : Species Distribution Aleppo pine (Pinus halapensis) Apple (Malus domestica) Black acacia (Acacia melanoxylon) California buckeye (Aesculus californica) Canary Island pine (Pinus canariensis) Carob (Ceratonia siliqua) Catalina cherry (Prunus ilicifolia) Cherry (Prunus serrata) Chinese elm (Ulmus parvifolia) Coast live oak (Quercus agrifolia) Coast redwood (Sequoia sempervirens) Crape myrtle (Lagerstroemia indica) Deodar cedar (Cedrus deodara) Eastern black walnut (Juglans nigra) Elm (Ulmus americana) English walnut (Juglans regia) Giant sequoia (Sequoiadendron giganteum) Holly oak (Quercus ilex) Hollywood juniper (Juniperus chinensis 'Torulosa' Lemon (Citrus limon) Loquat (Eriobotrya japonica) Madrone (Arbutus menziesii) Mooterey pine (Pinus radiata) Mulberry (Morus alba) Pear (Pyrus communis) Pittosporum (Pittosporum eugenoides) Plum (Prunus sp.) Podocarpus (Podocarpus macrophyllus) Privet (Ugustrum lucidum) Pyracantha (Pyracantha angustifolia) Shamel ash (Fraxinus uhdei) Silk oak (Grevillea robusta) Silk tree (Aibizia julibrissin) Silver acacia (Acacia dealbata) Silver dollar eucalyptus (Eucalyptus polyanthemos) Southern magnolia (Magnolia grandifl ora) Stone pine (Pinus pinea) Tristania (Tristania lorina) Willow (Salix babylonica) 6 12 18 Monarch Consulting Arborists LLC -P.O Box 1010 , Felton , CA 95018 831 .331.8982-r ick@ monarcharborist.com 24 30 Page 4 of 31 15975 Union Avenue Tree Inventory, Assessment, and Protection Plan January 5, 2015 Condition Rating A tree's condition is a detem1ination of its overall health and structure based on five aspects : Roots, trunk, scaffold branches, twigs , and foliage . Th e assessment considered both the health and structure of the trees for a combined condition rating. The crown , trunk, trunk flare , and above ground roots were inspected from the ground. • Exceptional = Good health and structure with significant size, location or quality. • Good =No apparent problems, good structure and health, good longevity for the site. • Fair= Minor problems, at least one structural defect or health concern, problems can be mitigated through cultural practices such as pruning or a plant health care program. • Poor= Major problems with multiple structural defects or declining health, not a good candidate for retention. • Dead/Unsta ble = Extreme problems, irreve rsible decline, failing structure, or dead. The majority of trees were considered to be in fair overall condition with some problems. Two trees are dead and thirty-one are in poor condition. Nine trees are in good condition including the neighbor 's coast redwoods and several of the deodar cedars around the site. The chart below list the condition ratings and the relative quantity of each category (Chart 2). Good Fair Poor Dead 0 14 Chart 2: Condition Rating • Quantity 28 42 56 70 Monarch Consulting Arborists LLC -P.O Box 1010, Felton , CA 95018 831.331 .8982-rick@monarcharborist.com Page 5 of 31 15975 Union Avenue Tree Inventory, Assessment, and Protection Plan January 5, 2015 Tree Protection Tree protection focuses on protecting trees from damage to the roots , trunk , or scaffold branches from heavy equipment (Appendix D). The tree protection zone (TPZ) is the defined area in which certain activities are prohibited to minimize potential injury to the tree. The TPZ can be determined by a formula based on species tolerance, tree age , and diameter at breast height (DBH) (Matheny, N. and Clark, J. 1998) or as the drip line in some instances. The tree protection zones for this project should simply be located at the tree drip line distances. For this project I would require fence at the drip line, primarily because the trees are small or at the property boundary where they would only be influenced on one side (Figure 1). Preventing mechanical damage to the main stems from equipment or hand tools can be accomplished by wrapping the main stem with straw wattle (Figure 2). The wattle will create a porous barrier around the trunk and prevent damage to the bark and vascular tissues underneath. Trees that are to be moderately affected by the project without adequate fence protection should be wrapped in wattle. Straw Wattle Wrap trunka with atraw wattle up to 6 feet Sturdy TPZ Fencing 6 ft. high Figure 1: Tree protection distances Figure 2: Trunk protection with straw wattle Monarch Consulting Arborists LLC -P.O Box 1 010 , Felton , CA 95018 831.331.8982-rick@monarcharborist.com Page 8 of 31 15975 Union Avenue Tree Inventory, Assessment , and Protection Plan January 5 , 2015 Conclusion The tree inventory consists of trees protected by the Town ofLos Gatos that are located on the site and those in close proximity on neighboring properties. The site and adjacent properties contain 112 tree s comprised of 39 different species. Most of the trees are invasive volunteers with little or no maintenance . Sixty-nine (69) trees have trunk diameters less than twelve inches and two ofthose are coast live oaks. The majority of these small trees are privets or fruit trees and most are concentrated around the perimeter near Blossom Hill Road. Forty-three ( 43) trees have trunk diameters twelve inches or greater and consist primarily of the conifers on site and some coast live oaks. The majority of trees were considered to be in fair overall condition with some problems . Two trees are dead and thirty-one are in poor condition. Nine trees are in good condition including the neighbor's coast redwoods and several of the deodar cedars around the site. Most of trees within the project area are not suitable for retention under a development setting. Although many trees are in fair condition most of the species or individuals would not be compatible with another use for the site. Six trees have good suitability including two on the neighboring property. Twelve trees have fair suitability and the remaining ninety-four are poorly suited for retention. Most of the trees will be highly affected by the project and require removal, approximately 100 trees. Trees located along the north property boundary and on the neighbor 's property will be moderately affected and some tree protection will be required. The grading of the site and the improvements to extend the sidewalk around to Blossom Hill Road will all require significant tree removal to accommodate the development. The neighbor 's coast redwoods will need to have their root zones protected at a distance of five times their trunk diameters to avoid unnecessary damage . Recommendations 1 . Obtain all necessary permits from the Town of Los Gatos prior to removing or significantly altering any tree . 2 . Refer to Appendix D of this document for general protection guidelines and specifications. 3. Protect the neighbor's trees by not allowing encroachment into their critical root zones. Monarch Consulting Arborists LLC -P.O Box 1010, Felton , CA 95018 831.331.8982-rick@monarcharborist.com Page 10 of 31 15975 Union Avenue Tree Inventory, Assessment, and Protection Plan January 5, 2015 Bibliography American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management : Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction)(Part 5). Londonderry, NH: Secretariat, Tree Care Industry Association, 2012. Print. ISA. Glossary of Arboricultural Terms. Champaign: International Society of Arboriculture, 2011. Print. Matheny, Nelda P. Trees and development: A technical guide to preservation of trees during land development. Bedminster, PA: International Society of Arboriculture, 1998. Smiley, E. Thomas, Fraedrich, Bruce R ., and Hendrickson, Neil. Tree Risk Management. 2nd ed. Charlotte, NC: Bartlett Tree Research Laboratories, 2007 Monarch Consulting Arborists LLC -P.O Box 1 010, Felton, CA 95018 831.331.8982-rick@monarcharborist.com Page 11 of 31 15975 Union Avenue Tree In ventory, Assessment, and Protection Plan January 5, 2015 Glossary of Terms Defect: An imperfection, weakness, or lack of something necessary. In trees defects are injuries , growth patterns, decay, or other conditions that reduce the tree 's structural strength . Diameter at breast height (DB H): Measures at 1.4 meters ( 4.5 feet) above ground in the United States, Australia (arboriculture ), New Zealand, and when using the Guide for Plant Appraisal, 9th edition; at 1.3 meters (4 .3 feet) above ground in Australia (forestry), Canada, the European Union, and in UK forestry ; and at 1.5 meters (5 feet) above ground in UK arboriculture . Drip Line: Imaginary line defmed by the branch spread or a single plant or group of plants. Mechanical damage: Physical damage caused by outside forces such as cutting, chopping or any mechanized device that may strike the tree trunk, roots or branches. Scaffold branches: Permanent or structural branches that for the scaffold archi tecture or structure of a tree . Straw wattle: also known as straw wonns, bio-logs, straw noodles, or straw tubes are man made cylinders of compressed , weed free straw (wheat or rice), 8 to 12 inches in diameter and 20 to 25 feet long . They are encased in jute, nylon, or other photo degradable materials, and have an average weight of 3 5 pounds . Tree Protection Zone (TPZ): Defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees , especially during construction or development. Tree Risk Assessment: Process of evaluating what unexpected things could happen , how likely it is, and what the likely outcomes are. In tree management, the systematic process to determine the level of risk posed by a tree, tree part, or group of trees . Trunk: Stem of a tree. Volunteer: A tree, not planted by human hands, that b egins to grow on residential or commercial property. Unlike trees that are brought in and installed on property, volunteer trees usually spririg up on their own from seeds placed onto the ground by natural causes or accidental transport by people. Normally, volunteer trees are considered weeds and removed, but many desirable and attractive specimens have gone on to become permanent residents on many public and private grounds. This Glossary oftenns was adapted from the Glossary of Arboricultural Terms (ISA, 2011). Monarch Consulting Arborists LLC -P.O Box 1010 , Felton , CA 95018 831.331.8982-rick@monarcharborist.com Page 12 of 31 15975 Union Avenue Tree In ventory, A ssessment, and Protection Plan January 5 , 2015 1 Tree Species # Trunk Diameter -Height -Crown Radius Condition Suitability Influence Level t Podocarpus (Podocarpus . macrophyllus) I I 1661 i 15 6 . Poor for Preservation ·Fair I ; Mode rate C~ast red~ood----·-·;--166; ------;-!-. ----~;-----·~--Good ·----.. ~ Good (Sequoia i ! Moderate sempervirens) I r ·--· i Coast redwood ·(Sequoia . sempervirens) Lemon (Citrus T---- , 1663 4 l limon) . ---· ----· -----------·+-------l ! 1664 i I ' Holly oak (Quercus i 1665 ; 9 And 9 ; ' 45 i I ! 10 ' I · ilex) 1 I r ·~-. ------! ---___ _j_. I , Deodar cedar I 1666 · 16 ' 45 I (Cedrus deodara) , 10 1 Good ,---· 5 I Poor ·--1 ·------· 8 : Fair --;------- 10 ! Good f--------~--------.;---------~-----i Mulberry (Morus !1667 1 ' alba) I ' 11 I 25 i ·-------·-·--· ·---·-+--I ; ---,-~ 30 i 35 ! Shamel ash : 1668 . (Fraxinus uhde1) L ... --.. . - 1 Mulberry (Morus ' alba) 1 Eastern black "'!" ---· -: ---, ___ ....... j 1669 ' 10 ! I I -i __ ... - -_ .. , ·-... j .. _. ________ _ 20 I 1 1670 i 14 1 25 I . ' , walnut (Juglans : nigra) i i -------.. -____ l ... ----·-'i _ .. ·-·--· 1- , Privet (Ugustrum . 1671 ' 6 1 20 ' : lucidum) ! : • I ~---------·-____ ! ____ .L _________ .,.. __ -- i Eastern black 1672 1 14 ! 25 , walnut (Juglans 1 1 1 5 Poor 8 ; Poor 6 Poor J -·-------i·-·- 8 Poor --. -;·-- 5 : Good 10 I Poor · nigra) : ! 1 .~-------. --, ___ ;-------·-~----·---:----::;t ----------- :Coast redwood ! 1673 i 16 , 14 , ! 45 1 10 ·Fa ir . (Sequoia , 10,4 i 8 Poor sempervirens) , • I I Easter~-b ~c-k ---··· -~-1-6;;;·-... -1~T.---~~~- , walnut (Juglans I . --1------- Good I I I Moderate i ' ----------.. I -- . --· ~ 1 Poor 1 Poor -·1----- 1 Good I :High I I ; :High ----· 1 Moderate ~ I ; "1----------, --·----, Poor i High · ' :Poor --- --.L ----~ 1 High Poor High ! Poor ! High ; Poor i High I ---------4-- ·Poor , High --.J i I . -------_____ ..J__ ---_____ ! I I j i Poor :High ·Poor I I I ! :High I ·-"'1 i l --------1 1 Giant sequoia · nigra) 1 ; j ·-1-67~! . --·-~; ! ·---·;-~ t---;; Po~~---· I ! --------... J.._ -• ' Poor 1 High ( Sequoiadendron · giganteum) -----------___ 1._ ·--·- Monarch Consulting Arborists LLC -P.O Box 1010 , Felton , CA 95018 831.331 .8982-rick @monarcharborist.com i ._-___ j Page 15 of 31 15975 Union Avenue Tree Inventory, Assessment , and Protection Plan January 5, 2015 ! Tree Species # Trunk -Height -Crown I Diameter Radius Condition Suitability for Preservation Influence Level Coast live oak (Quercus agrifolia) ; 1693 i I ' 4 1 10 ! ' ! ' --------~-----------------------·-I · Eastern black ' 1694 ' 30 : walnut (Juglans 6 : Poor I ------....!------. 10 ! Poor I : nigra) 1 • 1--• -· -----··· '"'Y ---·: -·· __ ___] ___ , • -• ----~ --·-• •• . ' I I Privet (Ligustrum : 1695 1 8 ; 15 · 6 . Fair · lucidum) . ! - ---------~~---~~---~- 1 Privet (Ligustrum lucidum) ' 1696 ' I ~ -·-----.... ---------- ' : Privet (Ligustrum v~c!dum) 1697 i i ---+- 8 ' a ! I I 1 Privet (Ligustrum ! 1698 8 : I lucidum) ; i I 15 : i I __ _]_- 15 1 i I I 15 ' 6 Fair ; I ' ---------· 6 1 Fair I --! . - 6 , Fair Poor 1 High 1 Poor ; High i _j_ _______ ----!--- 1 Poor I High ' I ! J . ·---. Poor 1 High I ' ' Poor ! Hi~h ! i Poor I High ! ~---·------;--__ : ___ ---· ______ __, __ .------- 1 I ' , Madrone (Arbutus 1 1699 ' 6 1 15 ; 6 I Fair I I Poor ----,-.-----: I High i i menziesil) : j ! ! •· ··--·--------·. ~--.---·--r-· -·. ----4-----··"-------r---- · Coast live oak , (Quercus agrifolia) I I ----·-· ------ I Privet (Ligustrum l lucidum) 1 , 1700 : 14 · 25 j 10 I Fair ' ---· ------i· : 1701 ! 16 1 I ., ... 35 i I I ----,---... - 12 1 Fair _j ____ __j I --I" -- Fair i High . "] :Poor ! High I -------------_j --:l----.. -~-----' ._,. .. _. ------- : ~~~~~~igustrum . 1702 10 ! ---25 L ____ 1:.~F~:r__ :Poor l High ~ -Sil ~ o ;k(G r~v~~~-:· ~-~0-;: --16 I 25 : 10 i Poor ; Poor --~Hig-h -------. . r~~us~------------------~-----I ---!---------,---------_______ ~----------l 1 Coast live oak 1704 : 9 1 20 1 8 : Fair Fair · High ; (Quercus agrifolia) i 1 ' J I 1 1 r----------------~-------------T----------~ -------'---------------- , Silk oak ( Grevillea , 1705 i 17 1 25 : 1 0 ! Poor 1 Poor I High I ! ~f:::~~igus;,~~ · i ;;osi ---8 i 20 i ---~~ ~~~;-: ~~o~ -----: H~h ' lucidum) : l ! ' ! I D~odar ~~ar ---:-~-70~ i -----4 ! ;~-! ·--;-yG~~d .. -~~o~ -------l·~-i~h : : (Cedrus deodara) ; ! · 1 J iC oast 11ve~ak ---~-~~;; ~-----~j --;o+----Gi F~----;p;;-----~-~~gh ---i (Quercus agrifolia) 1 ; I 1 ;Coast li~~;k ______ . 170 ~ r----~-~I ... 25 : 8 i Fair ' Poo ;----i 'H i~h ----. ~:~:~grifolia~ ___ ; _____ i ___ 1 _____ I ____ J ___________________ 1-----------i 1 Aleppo pine (Pinus ' 1710 j 24 ! 30 ! 8 ! Poor ' Poo r l High ' [_~~~~~~sis) ___ -~ _____ j .. _ ; _________ i _ _ _ _ _ I Monarch Consulting Arborists LLC -P.O Box 1010, Felton , CA 95018 831 .331 .8982-rick @monarcharborist.com Page 17 of 31 15975 Union Avenue Tree Inventory, Assessment, and Protection Plan Appendix C: Photographs C1: Site From Union Avenue Monarch Consulting Arborists LLC -P.O Box 1010, Felton , CA 95018 831.331.8982-rick@monarcharborist.com January 5, 2015 Page 21 of 31 15975 Union Avenue Tree Inventory, Assessment, and Protection Plan C2: Neighbor's Redwoods Monarch Consulting Arborists LLC -P.O Box 1 010, Felton, CA 95018 831 .331 .8982 -rick@monarcharborist.com January 5, 2015 Page 22 of 31 15975 Union Avenue Tree Inventory, Assessment , and Protection Plan C3: Site Interior Monarch Consulting Arborists LLC -P.O Box 1010, Felton , CA 95018 831 .331 .8982-rick @ monarcharborist.com January 5, 2015 Page 23 of 31 15975 Union Avenue Tree Inventory, Assessment, and Protection Plan C4: Leaning Coast Live Oaks Monarch Consulting Arborists LLC -P.O Box 1010, Felton, CA 95018 831.331 .8982-rick@monarcharborist.com January 5, 2015 Page 24 of 31 15975 Union Avenue Tree Inventory, Assessment, and Protection Plan CS: Privets Monarch Consulting Arborists LLC -P.O Box 1010, Felton, CA 95018 831 .331.8982-rick@monarcharborist.com January 5, 2015 Page 25 of 31 15975 Union Avenue Tree Inventory, Assessment, and Protection Plan January 5, 2015 Appendix D: Tree protection specifications Tree protection locations should be marked before any fencing contractor arrives. Pre-Construction Meeting with the Project Arborist Prior to beginning work, all contractors involved with the project should attend a pre construction meeting with the project arborist to review the tree protection guidelines. Access routes, storage areas, and work procedures will be discussed. Tree Protection Zones and Fence Specifi cations Tree protection fence should be established prior to the arrival of construction equipment or materials on site. Fence should be comprised of six-foot high chain link fence mounted on eight- foot tall , 1 7 /8-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. Once established, the fence must remain undisturbed and be maintained throughout the construction process until final inspection. The fence should be maintained throughout the site during the construction period and should be inspected periodically for damage and proper functions. Fence should be repaired, as necessary, to provide a physical barrier from construction activities. A final inspection by the city arborist at the end of the project will be required prior to removing any tree protection fence and replacement tree shall be planted at this time. Monitoring Any trenching, construction or demolition that is expected to damage or encounter tree roots should be monitored by the project arborist or a qualified ISA Certified Arborist and should be documented. The site should be evaluated by the project arborist or a qualified ISA Certified Arborist after construction is complete, and any necessary remedial work that needs to be performed should be noted. Restrictions Within the Tr ee Protection Zone No storage of construction materials , debris, or excess soil wi ll be allowed within the Tree Protection Zone. Spoils from the trenching shall not be placed within the tree protection zone either temporarily or petmanently. Construction personnel and equipment shall be routed outside the tree protection zones . Monarch Consulting Arborists LLC-P.O Box 1010, Felton , CA 95018 831 .331 .8982-rick@monarcharborist.com Page 26 of 31 15975 Union Avenue Tree Inventory, Assessment , and Protection Plan January 5, 2015 Root Pruning Root pruning shall be supervised by the project arborist. When roots over two in ches in diameter are encountered they should be pruned by hand with loppers, handsaw, reciprocating saw, or chain saw rather than left crushed or torn. Roots should be cut beyond sinker roots or outside root branch junctions and be supervised by the project arborist. When completed , exposed roots should be kept moist with burlap or backfilled within one hour. Boring or Tunneling Boring machines should be set up outside the drip line or established Tree Protection Zone. Boring may also be performed by digging a trench on both sides of the tree until roots one inch in diameter are encountered and then hand dug or excavated with an Air Spade® or similar air or water excavation tool. Bore holes should be adjacent to the trunk and never go directly under the main stem to avoid oblique (heart) roots. Bore holes should be a minimum of three feet deep. Timing If the construction is to occur during the summer months supplemental watering and bark beetle treatments should be applied to help ensure survival during and after construction . Tree Pruning and Removal Operations All tree pruning or removals should be perfonned by a qualified arborist with a C-61/D-49 California Contractors License. Tree pruning should be specified according to ANSI A-300A pruning standards and adhere to ANSI Z 133 .I safety standards. Trees that need to be removed or pruned should be identified in the pre-construction walk through. Tree Protection Signs All sections of fencing should be clearly marked with signs stating that all areas within the fencing are Tree Protection Zones and that disturbance is prohibited. Text on the signs should be in both English and Spanish (Appendix E). Monarch Consulting Arborists LLC -P.O Box 1010, Felton, CA 95018 831 .331 .8982-rick@monarcharborist.com Page 27 of 31 15975 Union Avenue Tree Inventory, Assessment, and Protection Plan January 5, 2015 Appendix E: Tree Protection Signs E1: English +-' ~ -0 Q) ..c c +-' c ·-0 Q) ~ en c "'0 '-- 0 Q) Q) c.~ N > 0"'0 (].) (.!) E Q) '--c ca N z 0 Q) ·-en '--·-..c 0 ·--....., ..c z u +-' ...c +-' 0 +-' a: Q) :::s '--c (].) ....., ctS +-' ~ 0 -~c - '--co -(].) (L ..c c ~ C/)Q ca Q) Q) • E Q) (.) -c ca '--> 1-Q) 0 -LL C/) ·~ '--0 en c. .0 '-·-c. <( ..c -co (.) Q) ~ •--. 0 '-a.. Monarch Consulting Arborists LLC • P.O Box 1 010 , Felton, CA 95018 831.331.8982 • rick@monarcharborist.com Page 28 of 31 15975 Union Avenue Tree Inv entory, Assessment, and Protection Plan January 5 , 2015 E2: Spanish 0 u 0 c ell ·-N -c en ·-"-·-ell 0 ....... ....., (]) u ::J -· ·-+-' > ell ell (]) 0 -Q) 0 ~ E ell "-ell a.. c Q) 0 0 ell "--en ....., <:( 0 ell "-en "-Q) Q) 0 .0 Q) c.. c ~ en -<:( o.2 Q) :::> ell c 0 () (]) ellCJ) "-ell 0 (.) "-• ....., "-c c Q) ca 0 Q) (.) ·-c ro (.) 0 ell ..... +-' .0 C/) en "i:: N 0 w 0 .0 I... "-<( c.. ..... (.) ell (1) ·-0 I... 0.. Monarch Consulting Arborists LLC -P.O Box 1010, Felton , CA 95018 831 .331 .8982-rick@monarcharborist.com Page 29 of 31 15975 Union Avenue Tree Inventory, Assessment , and Protection Plan January 5 , 201 5 Qualifications, Assumptions, and Limiting Conditions Any legal description provided to the consultant is assumed to be correct. Any titles or ownership of properties are assumed to be good and marketable . All property is appraised or evaluated as though free and clear, under responsible ownership and competent management. All property is presumed to be in confonnance with applicable codes, ordinances, statutes , or other regulations. Care has been taken to obtain infonnation from reliable sources. However, the consultant cannot be responsible for the accuracy of information provided by others. The consultant shall not be required to give testimony or attend meetings, hearings , conferences, mediations, arbitration, or trials by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services. This report and any appraisal value expressed herein represent the opinion of the consultant, and the consultant's fee is not contingent upon the reporting of a specified appraisal value, a stipulated result, or the occurrence of a subsequent event. Sketches, drawings , and photographs in this report are intended for use as visual aids , are not necessarily to scale, and should not be construed as engineering or architectural reports or surveys . The reproduction of information generated by architects, engineers, or other consultants on any sketches , drawings , or photographs is only for coordination and ease of reference . Inclusion of said information with any drawings or other documents does not constitute a representation as to the sufficiency or accuracy of said information . Unless otherwise expressed: a) this report covers only examined items and their condition at the time of inspection ; and b) the inspection is limited to v isual examination of accessible items without dissection , excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that structural problems or deficiencies of plants or property may not arise in the future. Monarch Consulting Arborists LLC -P.O Box 1010, Felton , CA 95018 831 .331.8982-rick@monarcharborist.com Page 30 of 31 15975 Union Avenue Tree Inventory, Assessment, and Protection Plan January 5 , 2015 Certification of Performance I Richard Gessner, Certify: That I have personally inspected the tree(s) and/or the property referred to in this report , and have stated my findings accurately. The extent of the evaluation and/or apprai sa l is stated in the attached report and Terms of Assignment; That I have no current or prospective interest in the vegetation or the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved ; That the analysis, opinions and conclusions stated herein are my own ; That my analysis, opinions, and conclusions were developed and this report ha s been prepared according to comm o nl y accepted Arboricultural practices; That no one provided significant professional assistance to the consultant, except as indicated within the report. That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessmen t, the attainment of stipulated results , or the occurrence of any other subsequent events ; I further certify that I am a Regi stered Consulting Arborist® with th e American Society of Con~ulting Arborists, and that I acknowledge, accept and adhere to the ASCA Standards of Professional Practice. I am an International Society of Arboriculture Board Certified Master Arborist® and Tree Ri sk Assessor Qualified . I have been involved with the practice of Arboriculture and the care and study oftrees since 1998. Richard J. Gessner ASCA Registered Consulting Arborist® #496 ISA Board Certified Master Arborist® WE-4341B ISA Tree Risk Assessor Qualified Copyright © Copyright 2015, Monarch Cons ulting Arborists LLC. Other than specific exception gran ted for copies made by the client for the express u ses stated in thi s report, no parts of this publicatio n ma y be rep rodu ced , stored in a retrieval system, or transmitted in any form or by any means, electronic, m echanical , recording, or otherwise wi thout the express, written p ermi ssion of the author. Monarch Consulting Arborists LLC -P.O Box 1010, Felton, CA 95018 831 .331.8982-rick@monarcharborist.com Page 31 of 31 Deborah Ellis, MS Con1 ultlng Arborlst & Horticulturist Jennifer Savage Town of Los Gatos Community Planning Department 110 E. Main Street los Gatos, CA 95031 Apri13, 2015 15975 Union Avenue Subdivision AppllcaHon M-15·001 Arborlst Review of Plans and Previous Arborfst Report Photo #1. Project site at the corner of Union Avenue and Blossom Valley Road. Union Avenue is in the foreground. An arrow points to coast ... dwood tree #1723. Dear Jennifer: Service since 1984 RECEIVED APR -3 2015 . •. TOWN OF LOS GATOS PLANNING DtvrSJON Photo #2. Redwood t..ee #1723 viewed from the site, looking toward Union Avenue in the background . I reviewed the following documents before visiting the project site on February 13, 2015 : • Tree lnventorv, Assessment and Protection Plan for 15975 Union Avenue . Monarch Consulting Arborists, Richard Gessner, January 5, 2015. · • Project Plan se t with cover sheet date of February 5, 2015. Kohlsaat Architects. EXHIBIT 9 PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http://www.decah.com. 15975 Union Ave . Arborist Review #1. April 3, 2015. Page 1 of 7 Deborah Ellis, MS Consulting Arborlst & Horticulturist Servia since 1984 Summary: The existing single-family house and outbuildings are proposed to be demolished and the lot subdivided into 31ots each containing one single-family, two-story house. The site is currently unkempt jungle of tangled growth and debris. Many of the trees are crowded and shaded and would not be good candidates for preservation even if enough undisturbed space remained around them. All existing trees and other vegetation on the lot are proposed to be demolished with the exception of one multi-trunk coast .-edwoodi ta-ee #1723 located near the east perimeter of the site, close to the corner of Union Avenue and Blossom Hill Road. This is a large redwood tree with trunk diameters (at 3 feet) of 28, 32, 10 and 6 inches. I estimate the height of the tree to be 45 to 50 feet tall, and its canopy spread to be 30 to 35 feet. Proposed improvements (sidewalk, house porch, drainage pipe and landscaping) are much too close to this tree, and must be moved farther from the trunk if this tree is to remain. Discussion: Redwood #1723 is a stump sprout tree1 that is not in good condition. My own evaluation as well as the evaluation of arborist Richard Gessner in his January 5 report lists the tree's condition as only "Fair". This can be evidenced by looking at the tree's canopy_density, which decreases relative to the tree's height (see photo #3, page 3). This lack of vigor is likely caused by several years of drought and lack of irrigation to compensate for this. Despite the lack of irrigation however, the tree has a couple of things in its favor-a relatively undisturbed site with a thick mulch layer and sheltering understory vegetation (see photo #4, page 3). Lack of pruning, a good thing in this case, has also allowed live low branches to remain on the tree which help to shade the root system and increases humidity. Unfortunately I all of the good things going for redwood #1723 will be taken away from the tree as the property is developed. Site clearing, removal of lower branches of the tree to increase visibility, the removal of mulch, loss of roots due to nearby improvements, compaction of the soil due to construction-all of this will be very detrimental to this tree which is not in good condition to begin with. Perhaps it is better to remove the redwood tree now and revegetate with new trees and other vegetation. Then you will not have to work around all of the redwood tree-related constraints that are necessary for the tree's long-term survival. Richard Gessner's report also lists the Suitability for Preservation of this tree as "Poor". If this redwood is to remain, improvements must be moved farther from the trunk. There should be no soil disturbance within a minimum of 20 feef2 on all sides of the tree. The sidewalk could be moved so that it is flush with Union Avenue: thus eliminating the parkstrip planter between sidewalk and street. In addition the lower live branches of this tree should be retained to continue to shade the root system, and the natural layer of thick mulch (the tree's own leaf and twig litter on top of the 1 Terms highlighted at their first occurrence in this report are explained in the Glossary on pages 6 and 7. 2 20 feet is the calculated 5xDBH distance for this tree. 12.5 feet is the 3xDBH distance. See page 6 for an e lanation of these root rotection distances. PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http://www.decoh.com. 15975 Union Ave. Arborist Review #1. April 3, 2015. Page 2 of 7 Deborah Ellis, MS Consulting Arborist & Horticulturist Service rinc:e 1984 ground surface) must remain within the protected root zone area around the tree. An irrigation system must also be supplied for the tree (see page 4). A second but less desirable optjon for redesign jn the v!cjnity of the redwood would be to move improvements as follows. Improvements will cause no soil disturbance within a minimum of 20 feet on all sides of the tree except for the sidewalk to the east, which should be moved as far as possible from the trunk, eliminating the planter between sidewalk and street within 20 feet of the redwood. The planter strip can remain farther than 20 feet and the sidewalk can curve toward the street within 20 feet of the redwood's trunk. Sidewalk construction under the dripline and within 20 feet of the edge of the trunk of the tree (whichever Is greater) shall be constructed by hand digging and carefully and cleanly cuffing roots that must be removed. The tree must be well hydrated (by supplemental irrigation) prior to construction and for at least a year afterward. A qualified consulting arborist (the project arborist) must supervise and document this work including tree irrigation. It is possible that large and/or many roots will need to be cut for the sidewalk construction and the arborist may determine that the redwood tree should be removed for reasons of safety. A third option which could be considered In conjunction With the option above. would be to construct the sidewalk so that It is raised above the roots (e.g. wood decking portion) on raised piers, or in some other manner-to eliminate or reduce root removal. Photo #3 Cleft): upper half of the canopy of redwood #1723, looking somewhat sparse. Sparseness increases with height. Photo #4 (right}: note the sheltered, shaded condition around redwood #1723, as well as the thick naturol mulch layer. PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http://www.decah.com. 15975 Union Ave . Arborist Review #1. April 3, 2015. Page 3 of 7 Deborah Ellis, MS Consulting Arborlst & Horticulturist Neighboring Trees : There are two coast redwood trees listed in Richard Gessner's report. These are trees #1662 and 1663 with trunk diameters of 30 and 24 inches, respectively. They are located across from the existing garage on the Home #2 Lot, across from a roadway/fire truck turnaround area. I would like the proposed roadway moved another 12 inches from the property line to better protect these trees. Right now the roadway is 5 feet from the property line. Please move the roadway so that it is no closer than 6 feet from the property line. The canopies of these trees also overhang the project site by about 15 feet -so the canopies should be fenced off at the tree's driplines until roadway construction begins. When construction begins the fencing may be moved back toward the trees to a distance of 12 inches behind the edge of the roadway across from the trees. Recommendations: 1. Redwood#1723: Servia since 1984 a. Decide to save or remove the tree. If the tree will be retained, follow the recommendations explained in the Discussion section of this report, on pages 2 and 3. b. If redwo~d #1723ls saved, H must be clearly shown on all sHe-based plans along with Its tree number. c. Redwood #1723 shall have dedicated Irrigation (irrigation separate from the irrigation of other plants or planting areas on site) as follows:. Netafim™ in-line drip irrigation tubing, installed on top of the ground surface but underneath them mulch layer that is to remain around the tree. The drip tubing shall be installed throughout the entire root protection zone around the tree as described in the Summary on page 1. Emitters in the dripiine shall be space 12 inches on center and the lines shall be arranged 12 inches on center. The irrigation should be run so that the soil is wetted to a depth of 12 -18 inches deep once per month during rainless months or whenever the soil is dry to a depth of 6 inches. Trenching for connection to the water line shall take place out of the root protection area designated for this tree. d. Landscaping around redwood #1723: there shall be no planting within a minimum radius of 12 feet from the trunk. Beyond 12 feet there may be sparse planting of plants with similar water requirement as coast redwoods (high water requirement, as per the current PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http://www.decah.com. 15975 Union Ave. Arborist Review #1. April 3, 2015. Page 4 of 7 Debo r ah E llis, MS Consulting Arborlat & Horticulturist S ervia ma 1984 WUCOLS list, e.g. fems) of plants from no larger than 1-gallon containers. Planting holes for these plants shall be dug by hand using no power equipment. 2. For those trees that will be retained on the site, follow the Tree Protection SpecHicatlons In Richard Gessner's January 5, 2015 reporl as well as the Town of Los Gafos Tree Protection Dlrecllons. A separate copy of the Town Directions is enclosed and must be incorporated into the project final plans. Richard Gessner's Tree Protection Specifications must also be incorporated into the plans. 3. Neigbl»ol'l•g ndwood b'ee• #1662 and 1663 must be numbered and shown on all site- based as well, along with the Type 1 tree protection fencing to be installed around these trees. Move the proposed roadway/fire truck turnaround to at least 6 feet from the existing fence near the property line. 4 . I should review all site-based plans for this project: I have reviewed the plans fisted on page 1. Additional improvements on plans that were not reviewed may cause additional trees to be impacted and/or removed. Examples of important plans to review are: the Existing and Proposed Site Plan, Demolition, Construction Staging, Erosion Control, Grading &·Drainage, Underground Utilities, Landscaping & Irrigation, Building Elevations & Sections, Roof Plan and Construction & Landscape Details showing improvements that may impact trees. Therefore the tree dispositions (Save, Remove or Debatable )listed in this report may change if and when additional plans for this project ore re viewed, or if plans that I have reviewed are revised . Plans reviewed by the arborist should be full-size, t o-scale and with accurately located tree trunKs and canopy driplines relative to proposed improvements. Scale should be 1 :20 or 1 :1 0. 5. Construction or landscaping work done undemeath the drlpline of existing trees should preferably be done by hand, taking care to preserve existing roots in undamaged condition as much as possible and cutting roots cleanly. by hand when first encountered, when those roots must be removed. A qualified consulting arborist (the project arborist) should be hired to monitor tree protection and supervise all wort undemeath the dripllne of trees. This also appRes to trees on neighboring properties whose canopies overhang the work site. 6. General Tree Maintenance: Do no unnecessary pruning, ferlillzaHon or other tree work. Pre- construction pruning should be limited to the absolute minimum required for construction clearance. A qualified tree service should be hired to provide such pruning. PO Box 3714, Saratoga, CA 95070. 408-725-1357. decoh@pccbell.net. http://www.decah.com. 15975 Union Ave. Arborist Review #1. April3; 2015. Page 5 of 7 Deborah Ellis, MS Consulting Arborist & Hort!culturis1 Seftlice since 1984 ****************************** 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 service again. Please call me if you have questions or if I can be of further assistance. ~UL Deborah Ellis, MS. Consulting Arborist & Horticulturist Certified Professional Horticulturist #30022 ASCA Registered Consulting Arborist #305 I.S.A. Board Certified Master Arborist WE-4578 I.S.A. Tree Risk Assessment Qualified Enclosure: Los Gatos General Tree Protection Directions. Glossary 1. 3 to 5 X DBH: No one can estimate and predict with absolute certainty how far a soil disturbance such as an excavation must be from the edge of the trunk of an individual tree to effect tree stability or health at a low, moderate or severe degree--there are simply too many variable involved that we cannot see or anticipate. 3xDBH however; is a reasonable "rule of thumb· minimum distance (in feet) any excavation should be from the edge of the trunk on one side of the trunk. This is supported by several separate research studies including (Smiley, Fraedrich, & Hendrickson 2002, Bartlett Tree Research Laboratories). DBH is trunk "diameter at breast height" (4.5 feet above the ground). This distance is often used during the design and planning phases of a construction project in order to estimate root damage to a tree due to the proposed construction. It tends to correlate reasonably well with the zone of rapid taper, which is the area in which the large buttress roots (main support roots close to the trunk) rapidly decrease in diameter with increasing distance from the trunk. For example, using the 3X DBH guideline an excavation should be no closer than 4.5 feet from the trunk of an 18-inch DBH tree. For trees with multiple trunks, an adjusted DBH is often calculated using 100% of the largest trunk plus 50% of the remaining smaller trunks. Such distances are guidelines only, and should be increased for trees with heavy canopies, significant leans, decay, structural problems, etc. I will generally not recommend a root protection distance of less than 3 feet for any tree, even very small trees. It is also important to understand that in actual field conditions we often find that much less root damage occurs than was anticipated by the guidelines. 3xDBH may be more of an aid in preserving tree stability and not necessarily long-term tree health. 5X DBH or greater is the "preferred" minimum distance which should be strived for, and this distance or greater should probably be used when there are multiple trenches on more than one side of the trunk. The roots beyond the zone of rapid taper form an extensive network of long, rope-like roots one to two inches in diameter. These woody perennial roots are referred to as transport roots because they function primarily to transport water and minerals. Maintaining a 5xOBH tree protection zone or greater around a tree will preserve more of these transport roots, which will have less of an impact on tree health than if the excavation were closer to the trunk. PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@pocbell.net. http://www.decoh.com. 15975 Union Ave. Arborist Review #1. April 3, 2015. Page 6 of 7 Deborah Ellis, MS Consulting Arborlet & HorUcuHurist SerW:e .rina 1984 2. Arborlst, Project, The arborist who ls appointed to be in charge of arborist services for the project. That arborist shall also be a qualified f;Onsulting arborist (either an International Society of Arborlc1,.1lture (ISA) Board-Certified Master Arborist or an American Society of Consulting Arborists (ASCA) Registered Consulting Arborist) that has sufficient knowledge and experience to perform the specific work required. For most construction projects that work will include inspection and documentation of tree protection fencing and other tree protection procedures, and being available to assist with tree-related issues that come up during the project. 3. Arborist. Qualified Consulting: must be either an International Society of Arboriculture (I SA) Board- Certified Master Arborist or an American SOciety of Consulting Arborists (ASCA) Registered Consulting Arborlst that has sufficient knowledge and experience to perform the specific work required. 4. CanoPY densltv refers to the percentage of leaf cover In a tree canopy (after full leaf expansion and maturation), which varies with tree species and age. A lower than normal canopy density can indicate tree decline or some other problem such as insect or pathogen-caused defoliation. 5. Drlpllne: the area under the total branch spread of the tree, all around the tree. Although tree roots may extend out 2 to 3 times the radius of the dripline, a great concentration of active roots is often In the soil directly beneath this area The dripline is often used as an arbitrary •tree protection zone". 6 . Qual!fltd Tree Service: A tree service is a company that performs tree pruning and tree removals as their main business. A Qualified Tree Service is a tree service with a supervis ing arboriat who has the minimum certification level of ISA (International Society of Arboriculture) Certified Arborist and acta in a supervisory position on the job site during execution Of the tree work. The tree service shall have a State of California Contractor's license for Tree Service (C61-049) and provide proof of Workman 's Compensation and General Liability Insurance. The person(s) performing the tree work must adhere to the most current of the following arboricultural industry tree care standards : • Best Management Practices, Tree Pruning. 2008 . International Society of Arboriculture, PO B.ox 3129 , Champaign,IL81826-3129. 217-355-9411 • ANSI A300 Pruning Standards. 2008 Edition. Ibid. (Covers tree care methodology). • ANSI Z133.1 Safety Requirements for Aiboricultural Operations. 2006 Edition. Ibid. (Covers safety); 7. Stump sprout trees are the result of a tree trunk being cut down to a short stump close to the ground. If the tree survives, it sends out many small shoots (suckers) from around the cut stump. Some of these suck'rs may survive and grow to become signifiCant trunks. These trunks are spaced very close together and usually have included bark between them, which reduces the strength of their union . Such trunks are prone to failure. Stump sprout trees can be very structuraly unsound, particularty as they become large and old. There is often a great deal of decay associated with the mother stu'mp, which can also reduce mechanical stability. 8. WUCOLS:.Waler Requirements as referenced in th is report refer to W.U.C.O.L.S. (Water Use Classification of Landscape Species - a Guide to the Water Needs of Landscape Plants). This is now available online at: http://www.water.ca.gov. Go to this web site, then type 'WUCOLS" in the Search box. Then see the Species Ewluation Ust beginning on page 83. The entire fde path is: http:/Jwww.water.ca.gov/wateruseefficiency/docslwucolsOO.pdf PO Box 3714, Saratoga, CA 95070. 408-725-1357. decoh@pacbell.net. http://www.decah.com. 15975 Union Ave. Arborist Review #1. April3, 2015. Page 7 of 7 LOS GATOS GENERAL TREE PROTECTION DIRECTIONS Note that the following is excerpted from Division 2 (rree Protection) of the Los Gatos Town Code and does not constitute the complete Division 2 text. The owner/applicant is responsible for Implementing all pertinent requirements of the Code relative to tree protection. August 7, 2014 Sec. 29.10.1000 New Property Development (l l The final approved Tree Preservation Report shall be included in the building permit set of development plans and printed on a sheets titled: Tree Preservation Instruction !Sheet T -1. T-2. etc.!. These Sheets shall be referenced on all relevant sheets {civil, demolition, utility, landscape, irrigation) where tree impacts from improvements may be shown to occur. (3.b.l The site or landscape plans shall indicate which trees are to be removed. However. the olans do not constitute approval to remove a tree until a separate permit is grqnted. The property owner or applicant shall obtain a protected tree removal permit, as outlined in section 29.10.0980 for each tree to be removed to satisfy the purpose of this definition. !3.e.l Protective fencing inspection: Prior to issuance of any demolition, grading or building permit, the applicant or contractor shall submit to the building department a written statement verifying that the required tree protection fence is installed around street trees and protected trees in accordance with the Tree Preservation Report. (3.g.) An applicant with a proposed development which requires underground utilities shall avoid the installation of said utilities within the dripline of existing trees whenever possible. In the event that this is unavoidable, all trenching shall be done using directional boring, air- spade excavation or by hand, taking extreme caution to avoid damage to the root structure. Work within the dripline of existing trees shall be supervised at all times by a certified or consulting arborist. Section 29.10.1005 Protection ofTrees During Construction a) Protective tree fencing shall specify the following: 1) Size and materials: A five (5) or 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 1 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. ~: 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 1• ~: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 1 If it is not possible to place Type 1 or Type 2 tree protection fencing at the dripline due to the construction, then place the fencing as far from the trunk as possible, including as much of the dripline as possible, while still allowing for enough room to build improvements. If this happens to be within all or some of the dripline, then so be it. But the contractor must try to fence off as much area under the canopy as possible, do not be irresponsible about this. Los Gatos General Tree Protection Directions. Page 1 of 2 bound securely on the outside. Caution shall be used to avoid damaging any bark or branches. 3) Duration of Type I, II, Ill fencing. Fencing shall be erected before demolition, grading or construction begins and remain in place until final landscaping is required. 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 prominentry displayed an 8.5 x 11-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". A template sign has been provided to be used on the project site. b) All persons. shall comply with the following orecautions: 1} Prior to the commencement of construction, install the fence at the dripline, or tree protection zone (TPZ) when specified in an approved orborist 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 or vehicles inside the fence. The dripline shall not be altered in any way so as to increase the encroachment of the construction. 2} Prohibit excavation, grading, drainage and leveling within the drlpllne of the tree unless approved by the director. 3) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the drlpllne of or In drainage channels, swales or areas that may lead to the dripline of a protected tree 4) Prohibit the attachment of wires, signs or ropes to any protected tree. 5) Design utility services and Irrigation lines to be located outside of the dripline wh~n feasible. 6) Retain the services of the certHied or consulting arborist for periodic monHorlng of the project site and the health of those trees to be preserved. The certified or consulting arborist shall be present whenever activities occur that pose a potential threat to the health of the trees to be preserved. 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. SecHon 29.10.1010 Pruning and Maintenance All pruning of protected trees shall be consistent with the current edition of Best Management Practices -Tree Pruning, established by the International Society of Arboriculture (ISA) and any special conditions as determined by the Director. For developments, which require a tree preservation report a certified or consulting arborist shall be in reasonable charge of all activities involving protected trees including cabling, and fertilizing if specified. 1 ) Any public: utility installing or maintaining any overhead wires or underground pies or conduits in the vicinity of a protected tree shall obtain permission from the Director before performing anywortc. including pruning. which may cause injury to a protected tree (e.g. cable TV /fiber optic trenching, gas, water, sewer trench. etc.) 2) Pruning for clearance of utility lines and energized conductors shall be performed in compliance with the current version of the American National Standards Institute (ANSI) A300 (Part 1) -Pruning, Section 5.9 Utility Pruning. Using spikes or gaffs when pruning is prohibited. Los Gatos General Tree Protection Directions. Page 2 of 2 This Page Intentionally Left Blank