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Exhibit 9 - Applicant’s response to the Consulting Arborist’s Report, dated August 18, 202008.18.20 Walter Levison Contract Town Arborist Town of Los Gatos 110 E. Main Street Los Gatos, Ca 95030 RE: 62 Ellenwood Avenue – Demolition of an existing single-family residence, construction of a new single-family residence, removal of a large protected tree, and site improvements requiring a Grading Permit on property zoned R-1:12. First Round Technical Review Comments Dear Walter: Responses to the comments in the letter dated June 3, 2020 Line Items: 1)Tree# 901 Valley Oak. Eliminate all proposed subbase prep and base section prep for the new driveway, such that there will be no excavation below the elevation of the existing asphalt. Response: Per planning code the driveway would need to increase in width to a minimum of 18’-0” and excavation and compaction will be needed based on Geotech recommendations. 2)Tree# 902 Valley Oak. Eliminate all proposed subbase prep and base section prep for the new driveway, such that there will be no excavation below the elevation of the existing asphalt. Response: Per planning code the driveway would need to increase in width to a minimum of 18’-0” and excavation and compaction will be needed based on Geotech recommendations. 3)Tree# 905 Deodar Cedar. Note existing distance from trunk edge to asphalt driveway edge is 3 feet, with root system assumed to extend at least 20 feet radius beneath asphalt to the residence footprint. Proposed new offset distance is zero feet from trunk edge to new dog run shown on sheet L0.0 as artificial turf. Typical artificial turf installs involve excavation for base section below grade, which could destroy the entire root zone of tree #905. Response: The Artificial turf has been removed from the new dog run and will incorporate mulch within the area so it does not destroy the tree’s roots. 3)Tree# 905 Deodar Cedar. Note existing distance from trunk edge to asphalt driveway edge is 3 feet, with root system assumed to extend at least 20 feet radius beneath asphalt to the residence footprint. Proposed new offset distance is zero feet from trunk edge to new dog run shown on sheet L0.0 as artificial turf. Typical artificial turf installs involve excavation for base section below grade, which could destroy the entire root zone of tree #905. Response: The Artificial turf has been removed from the new dog run and will incorporate mulch within the area so it does not destroy the tree’s roots. arcanum architecture, inc. 329 bryant street, suite 3c san francisco, ca 94107 415/ 357 4400 tel 415/ 357 4404 fax EXHIBIT 9 4) Tree #906 Deodar Cedar. Current asphalt is roughly 3 feet from trunk edge. Roots assumed to extend at least 20 feet radius to existing residence. Response: Gravel pathway has been removed near dog run and stepping stones will be incorporated. 5) Tree# 907 Deodar Cedar. Current asphalt is roughly 3 feet from trunk edge. Roots assumed to extend at least 20 feet radius to existing residence. Response: Gravel pathway has been removed near dog run and stepping stones will be incorporated. 6) Tree# 908 Deodar Cedar. Current asphalt roughly 3 feet from trunk edge, assumedly with poorly compacted base section. Proposed walkway will encroach to approx. the same distance from trunk edge (3 feet offset) with possible severe root loss. Proposed SD storm drain pipe trench shown on sheet C3.1 will encroach to roughly 8 feet offset from trunk edge. Response: Gravel pathway has been removed near dog run and stepping stones will be incorporated. See Civil response letter regarding SD placement. 7) Tree #909 Coast Live Oak. Distance from existing residence: 19 feet. Distance from proposed narrow walkway: 3.5 feet. Distance from proposed spa and wide walkway: 8 feet. Proposed SD storm drain pipe trench per sheet C3.1 is 8 to 9 feet from trunk edge. Response: Gravel pathway has been removed near dog run and stepping stones will be incorporated. Spa (hot tub) has been removed in this area and has been relocated on the opposite side of the property. Patio foot print has narrowed to 11’-0” to lessen to patio footprint. See Civil response letter regarding SD placement. 8)Tree# 910 Coast Live Oak. Pool patio will encroach to within 12 feet southwest of trunk edge, and finish elevation indicates the patio surface will be approximately at existing soil grade, which means that the proposed new patio base section would be excavated down approximately 18 to 24 inches below existing grade. Response: The pavement foot print near tree #910 has been reduced to more than 50% of the area within the drip zone compared to the previous design. 9) Tree#915 European Birch. Proposed storm drain pipe trench shown on sheet C3.1 is 6 to 7 feet offset from trunk edge. Response: See civil response letter for storm drain pipe trench adjustments. 10) Tree# 916 Valley Oak. Note tree is lopsided eastward, in close proximity to the proposed solar cell array area. But given that the tree is slightly north of the array, there may not be any solar access issues affecting the panels, since the typical sun track arc throughout the year will either be canted southward (winter/spring) or directly overhead (summer). Proposed storm drain pipe trench shown on sheet C3.1 is 6 to 7 feet offset from trunk edge Response: See civil response letter for storm drain pipe trench adjustments. 11) Tree# 921 Douglas Fir. Existing deep excavation is 16 feet offset from trunk. Existing putting green has damaged the root system of this tree most likely, and the tree has been limbed up (pruned) to remove all lower elevation limbs. The tree may not actually be worth retaining, given its current impacted state. Sheet C2.1 shows new retaining wall at 8 feet from trunk edge, which would be a severe violation of the Critical Root Zone. Response: Given the design of the project and recommendation from the Arborist, Tree #921 will be planned to be removed. 12) Tree# 923 Valley Oak. Existing distance from trunk edge to deep excavation cuts ranges from 17 to 30 feet +/-. Existing putting green extent of damage to lateral woody roots is unknown. Proposed new storm drain SD deep trench to be rough 10 or 11 feet offset from trunk edge per sheet C3.1. Proposed new outdoor restroom facility shown between 12 and 19 feet offset from trunk on sheet C2.1. Proposed new putting area (turf) base section excavation depth unknown (see landscape sheet L0.0) Response: The putting green has been removed from the scope of the project. Please see civil and architecture response. 13) Tree# 924 Per applicant’s plan, tree to be removed Response: None 14) Tree #925 Valley Oak. The existing residence foundation is 7 feet south, 5 feet west, and 11 feet east of trunk edge. The existing concrete patio is assumed to have a deep baserock base foundation that likely required excavation and re-compaction during installation, resulting in severe root loss to the tree. It is not clear as to how tree #925 has survived through severe root loss on four sides of the root zone, at distances all less than the Critical Root Zone structural stability minimum offsets. Proposed new work will encroach to distances approximately at (or farther than) existing 100-year-old residence foundation footing conditions. Given that this tree is already in “poor” overall condition per the CTA’s tree data table, it may prematurely die within 10 to 15 years, regardless of proposed new construction buildout. Response: Tree is planned to remain. If tree regresses further in health, the tree will be re-evaluated and removed at a later time if needed. 15) Tree #950 Coast Redwood. Existing root zone intact. Neighbor-owned tree (not surveyed by project team) appears to be located near to where the proposed wooden steps will encroach in closest proximity to the north property line fence. Proposed wooden steps will be approximately 5 to 6 feet offset from the trunk edge of this tree. The impacts of the steps in terms of root loss to redwood #950 will depend on whether the stairs are simply supported by standard 4X4 wooden posts in dug pier holes in the ground, or whether the stair system will involve more substantial engineered landings and foundation footings in addition to small- diameter piers/posts. Note that significant damage to this tree’s root system is not an option, given that the tree is relatively very valuable, and owned by the neighbor to the north. Applicant shall verify proposed wood step footing types and layout. Response: Pathway will consist of uncompacted gravel and steps will simply be 4x4 or 6x6 timber garden steps with #4 rebar driven to the ground on either side to fasten it. Any critical roots will be avoided as much as possible. 16) Tree #951 Valley Oak. Neighbor-owned valley oak specimen was not plotted by applicant’s project team. Trunk location appears to be 6 feet to 8 feet southwest of the property line wall. Applicant shall plot accurate trunk location of this neighbor tree on sheets for review by Town planning division. The canopy extends some 25 to 30 feet over the property line into the 62 Ellenwood lot. Sheet C3.1 shows a stormwater detention system that will cut to within 6 feet of property line. Response: Location of Valley Oak Tree#951 has been added to the plans. The detention system has been relocated on the opposite end of the property, closer to the pool equipment and away from trees drip zone. Please contact me if any additional information is required. Sincerely, Lisa Nichols