Item 03 - 16350 Blackberry Hill Rd - Staff Report & Exhibits 1-9TOWN OF LOS GATOS ITEM NO: 3
PLANNING COMMISSION STAFF REPORT
Meeting Date: August 12, 2015
PREPARED BY:
APPLICATION NO:
LOCATION:
APPLICANT/
CONTACT PERSON:
PROPERTY OWNER:
Jocelyn G. Puga, Assistant Planner
j puga@l osgatosca. go v
Architecture and Site Application S-14-067
16350 Blackberry Hill Road (north of Az tec Ridge Dri ve)
Malika Junaid
Li ly Sarafan and Amir Ghorbani
APPLICATION SUMMARY: Requesting approval to exceed the maximum floor area and the
maximum bui lding height for an addition to a s ingle-family
residence on property zoned HR-2 ~. APN 532-26-085.
RECOMMENDATION:
PROJECT DATA:
CEQA:
DEEMED COMPLETE: June 26,2015
FINAL DATE TO TAKE ACTION: December 26, 2015
Denial.
General P l an Designation: Hillside Residential, 0-1 dwelling
units/acre
Zoning Designation: HR-2 ~ -Hillside Residential ,
2 ~ to 10 acres per dwelling unit
Appli cable Plans & Standards: General Plan; Hillside
Development Standards &
Guidelines
Parcel Size: 4.48 acres
Surrounding Area:
! Existing Land Use I General Plan
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North I Sing l e Family l Hillside Res idential --------·r--·-~·---------EaS~-~i_~le-Family ) Hill~~~ Resi def!_tial
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West I Single Family l Hillside Residential
I Zoning
l f-iR:=2 1h
1 HR-2 ~ -
!. !{~~?..~ .... :.-
1 HR-2 ~
The project is Categorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California
Environmental Quality Act, Section 15301: Existing Facilities.
Planning Commission Staff Report -Page 2
16350 Blackberry Hill Road/S-14-067
August 12 , 2015
FINDINGS:
CONSIDERATIO NS:
ACTION:
EXHIBITS:
• As required , pursuant to the adopted Guidelines for the
implementation of the California Environmental Quality Act,
this project is Categoricall y Exempt, Section 15301: Existing
Facilities.
• As required by the Hillside Development Standards &
Guidelines for granting an exception to the maximum
allowed floor area greater than 6,000 square feet in gross
floor area.
• As required by the Hillside Development Standards &
Guidelines for granting an exception to the maximum
allowed height of 18 feet.
• As required by the Hillside Development Standards &
Guidelines for granting an exception to the maximum
allowed height of 28 feet of a building's talle st elevation
measured from the lowest part of the building to the highest
part.
• As required by the Hillside Development Standards &
Guidelines that the project complies with the Hillside
Development Standards & Guidelines.
• As required by Section 29 .20 .150 of the Town Code for
granting approval of an Architecture and Site application.
The decision of the Planning Commission is final unless
appealed within ten days.
1. Location Map
2. Findings and Considerations
3. Recommended Conditions of Approval (six pages)
4. Project Data Sheet, received March 18, 2015 (two pages)
5. Project Description, received September 8, 2014 (one page)
6. Letter of Justification, received June 17 ,2015 (two pages)
7. Consulting Arborist Report , received May 20, 2015 (twenty
seven pages)
8. Viewing Platform Photograph Analysis , received July 28 ,
2015 (six pages)
9. Materials Sheet, received June 5, 2015 (one page)
10 . Development Plans, received July 22 , 2015 (23 pages)
Planning Commiss ion Staff Report -Page 3
16350 Blackberry Hill Road/S-14-067
August 12,20 15
BAC KGROUN D:
The subject property i s 4.48 acres and contains an existing 4 ,946-sq u are foot s ingle-famil y
resid ence and a I ,45 2 -s quare foot attached garage. The existing single-famil y residence is the
third largest residence in the immediate neighborh ood in terms of square footage. The maximum
s quare footage for the lot size is 6,400 square feet.
The Architecture and Site application is being considered b y the Planning Commission because
the proposal wo uld exceed:
• 6 ,000 square feet in gross floor area;
• The m ax imum all owed FAR ; and
• The maximum allowed building height.
Section IX.F of the Hills ide Development Standards and Guidelines (HDSG) states that
exceptions to the maximum floor area and building he ight may be granted after carefully
considering the constraints of the site, and that the burden of proof s hall be on the a pplicant to
s how that there are compelling reasons for granting the reques ted exceptio n.
PROJ EC T DESCRIPTION:
A. Location and Surrounding Neighb orhood
The property is located at 16350 Blackberry Hill Road, north of Aztec Ridge Dri ve.
Surrounding properties contain single-family d wellin gs.
B. Pro ject Summary
T h e applicant i s proposing to construct a 33 1-square foot ad diti o n to the east side of the
rear e levati o n and a 38 0-square foot a ddition to the west s ide of the rear elevation, for a
total of 7 11 square feet. In additi o n, the applicant is also proposing to construct a n ew
527-s quare f oot d eck exten s ion along th e r ear of the re sidence.
C . Zonin g Compliance
A si ng le-famil y res idence is a permitted u se in the HR zone. The project is in compli ance
with setbacks and on-site parking requirements.
Planning Commission Staff Report -Page 4
16350 Blackberry Hill Road/S-14-067
August 12, 2015
ANALYSIS:
A. Architecture and Site Analysis
The applicant is proposing to construct a 711-square foot addition to the ex1stmg
residence for a total of 4,661 square feet. The total proposed floor area including the 996-
square foot basement and 1,052-square foot detached garage is 6,709 square feet. The
applicant has an existing lower level with 2,252 square feet of floor area that IS
considered a cell ar and not included in the floor area total pursuant to Town Code.
The applicant is also proposing a new 527-square foot deck extension lo cated on the rear
ofthe residence (see Sheet Al.2 ofExhibit 10).
Floor Area Chart
Existing SF Proposed SF Counts
Towards FAR
Main Level 3 ,950 4 ,661 4,661
Basement 996 No change 996
Cellar* 2 ,252 No change 0
Garage ** 1,452 No cha nge 1,052
Total 8,650 9,361 6,709
*Purs uant to Sec. 29.10.020 a cellar is defin ed as an enclosed area that do es not extend more
than f our (4) f eet above the existin g or finished g rade in any location. Ce llars, as defined here,
shall not be included in th e flo or area ratio calculation for residential developments. That area qf
a cellar wh ere th e building heig ht exceeds.four (4)feet above existing orfinished g rade shall not
be included in this definition and s hall be included in th e floor ar ea ratio calc ulatio n. For
p urp ose s qf this definition whi chever grade (ex is tin g or proposed) r esults in th e lowes t building
profile of a building s hall be used.
**Pursuant to th e HDSG g arages up to 400 square f eet in area are not included in th e floor area
ratio calculation .
The propos ed addition to the east and west side of the rear of the single-family residence
would maintain the existing structure height of 28 feet , nine inches. The propo sed
additions would maintain the existing building height and would not increase the overall
height of the residence. The addition would consist of stucco , wood trim, and a concrete
tile roof to match the existing stucco , window trim , and roof material. Story poles have
been placed on the site to aid in the review of the project.
B. Neighborhood Compatibility
Based on Town and County records , the re sidences in the immediate neighborhood range
in size from 2 ,238 square feet to 8 ,857 square feet. The FAR ranges from 0.01 to 0.08.
Planning Commission Staff Report-Page 5
16350 Blackberry Hill Road/S-14-067
August 12 , 2015
The applicant is proposing a 5,657-square foot home (not including cellar and garage
square footage) on a 195 ,149-square foot parcel (0.03 FAR). The maximum allowed
square footage for the lot size is 6 ,400 square feet.
The Neighborhood Analysis table below reflects the current conditions in the immediate
neighborhood.
Address House Garage Lot Size House
SF SF SF FAR
16348 A z tec Ridge Dr. 8 ,857 1,372 756,202 0.01
16349 A z tec Ridge Dr . 5 ,299 908 129,896 0.04
15405 Blackberry HI. Rd. 2,23 8 400 102,366 0.02
16480 Blackberry HI. Rd. 2,542 440 225 ,202 0.01
1548 1 Blackberry HI. Rd. 2,269 600 47,4 80 0.05
15950 Blackberry HI. Rd. 4,492 805 57,543 0.08
16477 Eugenia Wy. 2,878 896 50,965 0.06
17575 Mireval Rd. 3,504 1,049 82,328 0.04
16350 Blackberry HI. Rd. (E) 4,946 1,452 195,149 0.02
16350 Blackberry HI. Rd. (P) 5,657 1,452 195,149 0.03
The application is being considered by the Planning Commission because the residence
wou ld be greater than 6,000 square feet in gross floor area and exceed the maximum
allowable FAR. The maximum floor area is determined by the HDSG. However,
pursuant to the HDSG, exceptions may be granted after carefully considering the
constraints of the site. At 5,657 square feet, the residence would be the second largest
based on square footage. Including the 1,052 square feet of garage floor area the
residence would be 6, 709 square feet, 309 square feet larger than the maximum allowable
FAR.
The applicant provides rationale for the proposed project (Exhibit 6) stating that the lot
coverage, setbacks, and FAR of the proposed project are compatib le with the
development on the surroundings lots.
C. Building Height
The app lication is also being considered by the Planning Commission because the
residence would exceed the maximum allowed building height pursuant to the HDSG.
Planning Commission StaffReport-Page 6
16350 Blackberry Hill Road/S-14-067
August 12 , 2015
The existing home is visible from three of the four established viewing platforms located
at the:
1. Southwest comer of Los Gatos Boulevard and Blossom Hill Road;
2. West of the Intersection of the Southbound Highway 17 on-ramp and Los Gatos-
Saratoga Road (Highway 9); and
3. Northwest Comer of the Intersection ofW. Main Street and Bayview Avenue.
As a result, the maximum building height from grade is 18 feet and the maximum height
from the lowest point to the highest point is 28 feet. However, pursuant to the HDSG, the
Planning Commission or Town Council may grant exceptions after carefully considering
the constraints of the site.
The applicant installed story poles and took photographs from the viewing platforms
located at Los Gatos Boulevard and Blossom Hill Road, the Highway 17 on-ramp and
Los Gatos-Saratoga Road , and the intersection of W. Main Street and Bayview Avenue
(Exhibit 8). The photographs show the existing house is visible from the three viewing
platforms and the proposed additions would also be visible . However, the applicant states
that the proposed addition to the west side of the rear elevation is enclosing an existing
balcony and would not create additional roof. The proposed addition to the east side of
the rear elevation would create new roof area (Exhibit 6).
The proposed addition on the east side of the rear elevation would result in maximum
height of 16 feet, five inches from grade and the maximum height from the lowest point
to the highest point is 28 feet , nine inches (see proposed north elevation -east side, Sheet
A3 .4 , Exhibit 1 0). The proposed addition on the west side of the rear elevation would
result in maximum height of 21 feet from grade and the maximum height from the lowest
point to the highest point is 28 feet, nine inches (see proposed north elevation -west side,
Sheet A3 .4 , Exhibit 1 0), which exceeds the 18 foot height limitation from grade and 28
foot height limitation from the lowest point to the highest point. The applicant is not
proposing to create additional roof, but is proposing to enclose an existing covered area.
The applicant provides rationale for the proposed project (Exhibit 6) stating that the
building height for the addition would help blend with the exi sting res idence and
maintain consistent architecture.
Staff supports the proposed building height exception because:
• The proposed addition to the east side of the rear elevation would meet the height
standards of the HDSG for a visible home.
• The proposed addition to the west s ide of the rear elevation does not meet the HDSG
building height standards for a visible home; however, the existing residence
Planning Co mmi ssion Staff Report -Page 7
16 3 50 Blackberry Hill Road/S-14-067
August 12 , 2015
c urrentl y exceeds the building he ight. The proposed addition is enclosing an existing
roofed area that is 28 feet, nine inches and not increasin g the height or creating
addi tion al roof.
D. Tree Impacts
The project plans were r eviewed by the Co nsulting Arborist and a report was prepared
(Exhibit 7). There are fi ve protec ted tree s within the proposed constructi o n a rea, w hi ch
include four Coast Live Oaks and one Blue Atlas Cedar. The proposal does not invol ve
the removal of any existing trees to the property. The Town Arborist identified o ne five-
inch Co ast Live Oak as "debatable" due to the cl ose pro ximity of the tree to a pier for the
new deck ext ensio n. In this case, a debatable designation means that there may be a
problem retaining the tree due to its location. If necessar y, the Coast Li ve Oak is
recommended to be trans pl anted. Tree protection measures are incorporated as conditions
of approval to protect the trees remaining on the subject pro perty within the development
area.
E. General Plan
The goals and policies of the 2020 General P lan applicabl e to this project includ e but are
not limited to :
• Policy LU-6.8 -New construction, remodel s, and additions sh all be co mpatible a nd
blend with the existing neighb o rhood .
• Po li cy C D-1.2 -New structures, remodels , landscapes, and hardscapes shall be
d es igne d to harmoni ze a nd blend with the scale a nd rh yt hm of the n e ighb o rhoo d and
natura l features in the area.
• Goal CD-14 -To preserve th e n atu ra l topography and ecosystems within the hill side
area b y regulating grading, land scaping, and li g htin g.
F. CEQA Determination
The project is Catego ri call y Exempt pursuant to the adopted Guidelines for the
Impl e mentation of the Cali fo rnia Env ironmenta l Quality Act, Section 1530 I : Existing
Faci liti es.
PUBLIC COMMENTS:
At the time of thi s report's preparation, the Town has not received a ny public comment.
Planning Commission Staff Report -Page 8
16350 Blackberry Hill Ro ad/S-14-067
August 12, 2015
SUMMARY AND RECOMMENDATION:
A. Summary
The project complies with the HDSG except for the request to exceed the maximum
allowed floor area and building height.
Pursuant to the HDSG, the Town Council or Planning Commission may grant an
exception from the maximum floor area and building height standards. Exceptions may
be granted after considering the constraints of the site and any compellin g reasons for
granting an exception.
B. Recommendation
This application is being considered by the Planning Commission because the applicant is
requesting an exception to the maximum allowable FAR and building height.
The applicant 's request to exceed the maximum building height would maintain external
consistency with the architecture of the residence. The proposed addition to the east side
of the north elevation would create new roof area; however, the proposed height would
meet the standards of the HDSG for a visible home. The proposed addi ti on to the west
side of the north elevation does not meet the HDSG building height maximum for a
visib le home; however, the proposed addition is enclosing an existing roofed area and not
creating additional height.
While staff supports the height exception, staff is recommending denial of the application
because the proposal would exceed the maximum allowable FAR pursuant to the HDSG.
C . Alternatives
Alternatively, the Commission can:
1. Approve the application with additional or modified conditions of approval ; or
2. Continue the matter to a date certain with specific direction.
If the Commission finds merit with the project and would like to approve the application,
it should take the following actions:
1. Find that the proposed project is Categorically Exempt, pursuant to Section 15301 of
the California Environmental Quality Act as adopted by the Town (Exhibit 2); and
2. Make the required findings as required by the HDSG for granting an exception to the
maximum allowed floor area gr eater than 6,000 square feet in gross floor ar ea; and
Planning Commi ssion Staff Report -Page 9
16350 Blackberry Hill Road/S-14-067
August 12 , 20 15
3. M ak e the required findin gs as required by the HDSG for granting an exce pti o n to the
maximum allowed height of 18 feet ; and
4. Make the required findings as required b y th e HDSG for granting an exception to the
maximum allowed height of 28 feet of a building 's tall est e levation measured from
the lowest part of the building to the hi ghest part; and
5. Make the finding that o th er than th e exception to maximum allowed floor area and
building height the project co mplies w ith the HDSG; and
6. Make the required considerations as required by Sectio n 29.20.150 of the Town Code
for granting approval of an Architecture and Site application (Exhibit 2); and
7. Approve Architecture and Site Application S-14-067 with conditions contained in
Exhibit 3 and development plans attached as Exhibit 10.
It sh o uld b e noted that staff could not make all of the findin gs in Exhibit 2. Exhibit 2 must
be modified with respect to the HDSG and the r equ est to exceed the maximum floor area if
the Planning Commission find s merit to approve the proj ect. The Commissio n should
identify s pecific fact s to s upport the findings such as the circumstances of this application.
Jocelyn G. Puga
Assistant Planner
LRP:JGP:cg
Approved b y:
Laurel R . Prevetti
As si stant T ow n Manager/ Directo r of
Community Development
cc: Malika Junaid, 4546 El Camino R eal Suite 223, Los Altos, CA 94022
Lily Sarafan and Amir Ghorbani, 16350 Bl ac kberry Hill Ro ad, Los Gatos, CA 95030
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16350 Blackberry Hill Road
£XHIBIT 1
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PLANNING COMMISSION -August 12, 2015
REQUIRED FINDINGS & CONSIDERATIONS FOR:
16350 Blackberry Hill Road
Architecture and Site Application S-14-067
Requesting approval to exceed the maximum floor area and the maximum allowed
building height for a single-family residence greater than 5,000 square feet on property
zoned HR-2 Yz. APN 532-26-085.
PROPERTY OWNER: Lily Sarafan and Amir Ghorbani
APPLICANT: Malika Junaid
FINDINGS
Required finding for CEQA:
• The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
Exception to Maximum Floor Area:
• The Commission may grant an exception to the maximum allowed floor area greater than
6 ,000 square feet in gross floor area pursuant to Chapter IV , section C. of the Hillside
Development Standards & Guidelines ifthe following conditions are satisfied:
1. The development will not be visible from any of the established viewing platforms.
The existing single-family residence and proposed additions will be visible from
three of the four established viewing platforms located at the:
( 1) Southwest comer of Los Gatos Boulevard and Blossom Hill Road ;
(2) West of the Intersection of the Southbound Highway 17 on-ramp and Los
Gatos-Saratoga Road (Highway 9); and
(3) Northwest Comer of the Intersection ofW. Main Street and Bayview A ve nue.
2. There will be no significant impacts on protected trees, wi ldlife habitat or movement
corridors.
There are five protected trees within the proposed construction area with one five-
inch Coast Live Oak identified as debatable by the Consulting Arborist due to the
close proximity of the tree to a pier for the new deck extension.
3. Any grading necessary to accommodate the building area that exceeds the allowed
FAR or any accessory building will be minimized.
No grading is proposed as part of this application.
4. All standards and applicable guidelines are being met.
The project complies with the Hillside Development Standards and Guidelines
except for the request to exceed the maximum allowed floor area and building
height.
IXBIBIT 2
5. Compliance to Title 24 Energy Efficiency Standards are shown usmg computer
methods. The compliance margin must be at least 1 0.0.
A preliminary Build It Green checklist was completed by the applicant and shows
that the project will exceed the minimum number of points (50) needed to achieve
certification with a score of I 02.
6. The house will be pre-wired for future photovoltaic (PV) installation.
The residence is not pre-wired for future photovoltaic (PV) installation.
7. A minimum of 25% of hardscape material is permeable (certain types of interlocking
pavers, grasscrete, pervious concrete, etc.)
The property has 7,705 square feet of paved area for a total of3.9 percent the total
gross lot area that contains hardscape material.
8. A significant cellar element is included in the design, unless it conflicts with other
standard s.
The existing single family residence has a 2,252-square foot cellar.
9. There will not be a significant visual impact to neighboring properties.
The most immediate property is approximately 125 feet to the east. The proposed
additions are on the rear of the property and will not cause a significant vis ual
impact to the immediate neighbor to the east.
Exception to Maximum Allowable Building Height:
• The Commission may grant an exception to the maximum allowed height of 18 feet
pursuant to Chapter IX, section F. of the Hill si de Development Standards & Guidelines
for single-family residences visible from the established viewing platforms. Any deviation
shall include the rationale and evidence to support the granting of an exception. An
exception to maximum allowed height of 18 feet is supported because the height of the
existing si ngle-family res idence is 21 feet and currently exceeds the maximum allowable
building height. The applicant is not proposing to increase the height of the existing
residence or create additional roof.
• The Commission may grant an exception to the maximum allowed height of 28 feet of a
building 's tallest elevation measured from the lowest part of the building to the highest
part purs uant to Chapter IX, section F. of the Hillside Development Standards &
Guidelines for single-family residences vi s ible from the established viewing pl atfonn s.
Any deviation shall include the rationale and evidence to suppo rt the granting of an
exception. An exception to the maximum allowed height of 28 feet is supported because
the height of the existing single-family residence is 28 feet, nine inches and currently
exceeds the maximum allowable building height. The applicant is not proposi ng to
increase the height of the existing residence or create additional roof.
Required compliance with Hillside Development Standards & Guidelines:
• Other than the exceptions to maximum floor area and maximum allowed building height,
the project is in compliance with the Hillside Development Standards & Guidelines.
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.
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PLANNING COMMISSION -August 12,2015
CONDITIONS OF APPROVAL
16350 Blackberry Hill Road
Architecture and Site Application S-14-067
Requesting approval to exceed the maximum floor area and the maximum allowed building
height for a single-family residence greater than 5,000 square feet on property zoned HR-2
Yz. APN 532-26-085.
PROPERTY OWNER: Lily Sarafan and Amir Ghorbani
APPLICANT: Malika Junaid
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 April 20, 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 (June 26, 2017)
pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. GENERAL: All existing trees shown to remain on the plan are specific subjects of
approval of this plan and must remain on site.
4. EXTERIOR COLOR : The exterior color of the house shall not exceed a light reflectivity
value of 30, shall blend with the natural vegetation, and match the existing residence.
5. 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
all exterior paint colors to be maintained in conformance with the Town's Hillside
Development Standards and Guidelines.
6 . DEMOLITION: This project must comply with the Town's Demolition Ordinance.
7 . DEMOLITION AFFIDAVDIT: Prior to issuance of a building permit, a demolition
affidavit must be submitted and signed by the property owner, project architect, project
engineer and contractor.
8. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees
prior to issuance of demolition and building permits and shall remain through all phases of
construction. Fencing shall be six foot high cyclone attached to two-inch diameter steel
posts driven 18 inches into the ground and spaced no further than 1 0 feet apart. Include a
tree protection fencing plan with the construction plans.
9. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Deborah Ellis, MS, identified in the Arborist's report, dated as
received May 20, 2015, 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 pennit plans , and completed prior to
issuance of a building permit where applicable.
1 EXHIBIT 3
10. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
11. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum , and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security. The
lighting plan shall be reviewed during building plan check.
12 . TOWN INDEMNITY : Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend ,
indemnify, and hold harmless the Town and its officials in any 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.
13. COMPLIANCE MEMORANDUM: A memorandum , in compliance with standard Town
practice, shall be prepared and submitted with the building permit detailing how the
conditions of approval will be addressed.
Building Division
14. PERMITS REQUIRED: A Building Permit shall be required for the demolition of portions
of the existing single family residence and the construction of alterations and addi tions to
the existing single family residence. Separate permits are required for the electrical,
mechanical, and plumbing work as necessary.
15. 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.
16. SIZE OF PLANS: Four sets of construction plans , minimum size 24 " x 36", maximum size
30" X 42".
17. 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. As an alternate, the necessary foundation elements can be
designed by a licensed Engineer to the minimum requirements of Chapter 4 of the 2013
California Residential Code.
18. 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 comp li ance with the recommendations as specified
in the soi ls 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 civi l engineer for the
following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
19. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue-lined, i.e. directly printed, onto a plan sheet.
2
20. 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 .
21. HAZARDOUS FIRE ZONE: The project requires a Class A Roof assembly.
22. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface
High Fire Area. However, compliance with Section R327 of the California Residential
Code is only required for new buildings, not additions and remodels.
23. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN : Prepared by a
California licensed Architect or Landscape Architect in conformance with California
Public Resources Code 4291 and California Government Code Section 51182.
24 . PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Architect or
Landscape Architect certifying that the landscaping and vegetation clearance requirements
have been completed per the California Public Resources Code 4291 and Government
Code Section 51182.
25. 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 fonn 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.los gatosca.gov/building
26. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County
Valley Nonpoint 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 San Jose Blue Print for a fee or online at
www .losgatosca. go v /building.
27. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development-Planning Division: Jocelyn Puga (408) 354-6875
b. Engineering/Parks & Public Works Department: Michael Weisz (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.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
28. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. 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 a special permit is i ssued. The developer's repres entative in charge
3
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.
29. 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 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.
30. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
issuance of a building permit.
3I. TREE PROTECTION : Tree protection shall be provided for any tree near the construction
area. Building plans shall show tree protection fencing and details necessary to protect the
remaining trees.
32. RETAINING WALLS: A building permit, issued by the Building Department at II 0 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
rev1ew process.
33. FENCES: Fences between all adjacent parcels will need to be located on the property
lines/boundary lines . Any existing fences encroached into the neighbors will need to be
removed and replaced to the correct location of the boundary lines. Waiver of this
condition will require signed and notarized letters from all affected neighbors.
34. EXISTING IMPROVEMENTS: Any existing improvements encroaching into the
neighbor 's property will need to be covered by easements, moved back onto the property or
removed completely.
35. PRECONSTRUCTION PAVEMENT SURVEY: (Private Road with more than four
neighbors) 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 survey shall extend from Blackberry Hill Road to the
project site.
36. POSTCONSTRUCTJON PAVEMENT SURVEY: (Tailor to match Pre-Con requirements)
The project Applicant will complete a pavement condition survey and to determine whether
road damage occurred as a result of project. Rehabilitation improvements required to
restore the pavement to pre-construction condition shall be determined. The results shall be
documented in a report and submitted to the Town for review and approval. The Applicant
shall be responsible for completing any required road repairs.
37. CONSTRUCTION STREET PARKING: No vehicle having a manufacture 's rated gross
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.
38. HAULING OF SOIL: Hauling of soil on or off-site shall not occur during the morning or
evening peak periods (between 7 :00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering 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
activities, or providing additional traffic control. Coordination with other significant
4
projects in the area may also be required. Cover all trucks hauling soil, sand, and other
loose debris.
39. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and
9:00 a .m. to 7:00 p.m. weekends and holidays , 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. 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.
40. SHARED PRIVATE STREET: The private street accessing Project Site shall be kept open
and in a safe, drive-able condition throughout construction. If temporary closure is needed,
then formal written notice shall be provided at least one week in advance of closure.
4l. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used or
reused. Sanitary Sewer Clean-out is required for each property at the property line or
location specify by the Town.
42. SAN IT AR Y SEWER BACKWATER VALVE: Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative. The Town shall not incur
any liability or responsibility for damage resulting from a sewer overflow where the
property owner o r 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 functiona l
operation condition. Evidence of West Sanitation District's decision on whether a
backwater device is needed sha ll be provided prior to issuance of a building permit.
43. BEST MANAGEMENT PRACTICES (BMP's): The applicant is responsible for ensuring
that all contractors are aware of all storm water quality measures and 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 placed 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 orders.
44. SITE DESIGN MEASURES: All projects must 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 permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
45. 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
Ero sion & 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.
5
46 . SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibili ty of contractor and
home owner to make sure that all dirt tracked into the public right-of-way is cleaned up o n
a daily bas is . Mud, si lt, concrete and other construction debris SHALL NOT be washed
into the Town 's storm drains .
47. PRIVATE SEW AGE DISPOSAL SYSTEMS : Private sewage di sposal systems shall
consist of a septic tank and a system of underground drains for the di sposal of the tank
effluent. Such tank and drain s shall be constructed per Town Code and the pre liminary
DEH approval dated mm dd , yyyy. Final DEH signoff shall be provided prior to issuance
of a certificate of occupancy.
48. GOOD HOUSEKEEPING: Good hou sekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction s ha ll be dili gentl y
performed by a person or person s authorized to do so at all times during working ho urs.
The storing of goods and /or material s on the sidewalk and/or the street will not be allowed
unl ess a special permit is is sued by the Engineering Division. The adjacent public right-of-
way shall be kept clear of a ll job rel ated dirt and debris at the end of th e day. Dirt and
debris s hall not be washed into sto rm drainage faci liti es. The storing of goods and mate rial s
o n the sidewalk and/or the street will not be allowed unl ess a s peci a l permit is issued. The
developer's representative in charge shall be at the job site during a ll working hours.
Fa ilure to maintain the public right-of-way acco rding to this condition m ay re sult in the
Town performing the required maintenance at the developer's expense.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
49. F IR E SPRINKLERS: If the existing structure is equipped with a fire spri nkl er system, then
th e system shall be modified and extended into the proposed addition.
N:\D EY\CON D I T I O NS\20 15\BiackberryH iii Rd 16350.docx
6
RECEIVED
16350 Blackberry Hill Road -PROJECT DATA
NAR 18 2015
·r.
'-' ••• ,.VI LV;:) I.:JAIU::S
EXISTING CONDITIONS PROPOSED PROJECT R~~~~q,~~mtD
Zoning district HR-2 Yz same -
Land use Sing le-fami ly residence Single-fami ly re side nce -
General Plan Designauon Hillsi de Residential Hillsi de Residential -
Gross lot size (sq. ft.) 257,004 same 40,000 sq. ft . minimum
Net lot size (sq. ft.) 195 ,149 sa me 40,000 sq. ft . minimum
Exterior materials:
siding Stucco Match Existing -
trim Wood painted white Match Existing -
windows Wood painted white Match Existing -
roofing Ceramic Tile Match Existing -
Building floor area:
first floor 3,950 sq. ft . 4 ,66 1 sq. ft. -
second floor N/A N/A -
garage 1,45 2 sq. ft. Sa me 400 sq. ft . exemption
basement 996 sq . ft . Sa me
cellar (e xem pt} 2,252 sq. ft. Same
Total 6,709 sq . ft. 6,400 sq . ft . maximum
(4,661 + 996 + 1,05 2)
Setbacks (ft.):
front 415 '-4" 412 '-7" 30 feet min imum
232 '-2" Same 2 5 fe et minimum rea r
left side 21 8 '-7" 211 '-9" 20 feet minimum
right s id e 16 '-9" same 20 feet minimum
Maximum h eight (ft.) 28 '-9" sa me 25 feet maximum
F.XHllill 't
Floor Area Ratio(%) 2.3 2.6
Parking 5 Same 2 spaces required
Tree Removals N/A N/A -
sewer Same -
Sewer or Septic
N :\DEV\JOC EL YN\P roj ectDataSheets\ 16350Blac kbenyH ill. doc
September 5, 2014
Dear Sir or Madam:
Thank you in advance for your time and consideration of our proposed changes to our residence
located at 16350 Blackberry Hill Road. My husband and I have lived in Los Gatos for more than
seven years and moved from our previous home on Bicknell Road to our new home a year ago in
September 2013. Since that time, we have been considering how to tum this house into a home
that will suit our plans to start a family.
The existing home has ample living space but is configured in such a way that it does not
naturally accommodate fluidity or connection within the home. For instance, there is a Master
bedroom upstairs and three other bedrooms downstairs that are not easily accessible from the
upstairs bedroom. Our proposed changes include the addition of two bedrooms adjacent to the
Master to alleviate this issue and prepare for the arrival of children in the near future.
Additionally, the current family room is the furthest room on the main floor from the kitchen.
Having lived only in homes where the family room was adjacent to the kitchen, we can sense the
discord and lack of unity in our home when we have family and friends over and can project
experiencing the same sense of disconnection dl,lring a future time in which there are young
children present. Therefore, we are proposing building a family room directly adjacent to the
kitchen. The remaining updates primarily serve to bring a sense of warmth and light into the
home; with its cold and dark tile floors , narrow entrance to the kitchen and enclosed stairs to
access the bottom floor, the house is not as bright and inviting as would reflect our taste and
preferences.
We believe the changes we are proposing would greatly improve the functionality and aesthetic
of our home in countless, positive ways. We look forward to establishing our permanent
residence here on Blackberry Hill with your support and appreciate your consideration of our
plans.
You may feel free to contact me directly if you have any questions.
Lily Sarafan-Los Gatos CSSC Commissioner
Amir Ghorbani , DDS
16350 Blackberry Hill Road
Los Gatos, CA 95030
Stanford2003 @ gmail.com
(650) 380-4585
IRJECE~VEIO
SEP 0 8 2014
TOWN OF LO S GATOS
PLANNING DIVISION
5-I L{ -D61 EXHIBIT 5
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June 101h 2015
Town of Los Gatos
Planning Department
110 E. Main St.
Los Gatos, CA 95030
Subject: Sarafan-Ghorbani Residence/16350 Blackberry Hill Rd.
Dear Ms Puga:
RECEIVED
JUN 1 7 2015
TOWN OF LOS GATOS
PLANNING DIVISION
This letter is to describe the purpose of the proposed changes at the existing residence at 16350
Blackberry Hill Rd. The Sarafan-Ghorbani family wishes to modify their home in preparation
for their growing family. They are planning to have children in the near future and hope to
redesign their home in a way that is better suited to the daily functions of their family. While the
existing home has ample square footage, it is currently configured in a way that is discordant
with the needs of their growing family; they wish to have an efficient space for daily living that
is also conducive to easy interaction amongst and connection between the family.
Therefore, the proposed changes include: adding two bedrooms near the existing master
bedroom so they can be in close proximity to their children's bedrooms in the future. They also
wish to add a family room off of the existing kitchen so they can be close to their children's'
daily activities and readily available to them even when they are involved in their own activities .
Due to the configuration of the home we are adding mostly under the existing roof structure. The
only room that is having a new roof is the family room. The existing roof of the house is
currently set at 28 '-9". The new family room has a height of 25 ', which exceeds 18' required by
Town of Los Gatos. The only way we can give a 10' ceiling height in this new room , maintain
the floor levels and keep the architecture consistent externally is to maintain a minimum 25'
height. We, as the architects, have looked at different scenarios to reduce the height but we have
realized that lowering the roof more then 25' will greatly affect the existing architecture and
building lines. We have held the new addition back from the existing house line by a few feet
just for the purpose of blending in and creating the new addition as if it was part of the original
home. Even though the two roof heights are not the same, we believe we have managed to
address th e height issue with an elegant architectural roofline.
4546 EL Camin o Real Suite 223 • Los Alto s.CA.94022 • 650.565.9036 • (f) 949 .625.7869 •
www.md esignsarchitects.com
EXHIBIT 6
Where the findings are concerned we believe the project meets all the findings:
1) The Design theme, scale, materials and details are all consistent with: -
a. The appli c able landmark and historic preservation zone
b. Specific plan
c . Residential development
2) The lot coverage, setbacks and FAR of the proposed project is compatible with the
development on surrounding lots.
The Sarafan-Ghorbani family believes these changes will greatly affect their family in a positive
way. They are open for recommendation from the commission to add landscaping if necessary.
We hope that th e commission can see the benefit of this project and will approve this so that the
homeowners can proceed forward with their future planning.
You may fee l free to contact me directly if you have any questions .
Sincerely,
Malika Junaid
Architect
( 408) 43 1 -9289
4546 EL Camino Real Suite 223 ·Los Altos.CA.94022 • 650 .565 .9036 • (f) 949 .625.7869 •
www.mdesign sa rchite cts.co m
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i
~
Deborah Ellis, MS
Consulting Arborist & Horticulturist
ARBORIST REPORT
Tree Inventory, Tree Descriptions and Recommendations Relative to Proposed Constructio n
Project Address :
16350 Blackberry Hill Road
Los Gatos, CaiHornia
Property Owne r:
Lili Sarafan & Amir Ghorbani
16350 Blackberry Hill Road
Los Gatos, CaiHornla 95030
Prepared for:
Jocelyn Puga
Town of Los Gatos Community Planning Department
110 E. Main Street
Los Gatos, CA 95031
Prepared by:
Deborah Ellis, MS.
Consulting Arborist & Horticulturist
Registered Consultin g Arborist #305. American Society of Consulting Arboris ts
Board C ertified Master Arborist WE-0457B . International Society of Arboriculture
C ertified Pro fessional Horticulturist #30022. American Society for Horticultural Science
MAY 20,2015 RECEIVED
PO Box 3714, Saratoga , CA 95070. 408-725.fliJU7.! ~ldJI~acbell.net . http://www.decah .com .
TOWN OF LOS GATOS
PLANNING DIVISION
Service since 1984
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service since 1984
Table of Contents
TREE MAP ..•..••••••••••.••..•.......••.••..•••..•..••......•..••.•..•..•....••.••.....•........•..•.•.•.........•.........•.•..•..•.....•..•••••.•..•..•••..••..•..•.••..•..•••.•••..•.••..•.......••.•••.•••.......•.....•••......•.. 1
SUMMARY .•..•....•...............••..................••...........••.••.••.••........•.••..•.••..•...•••.......•.••.••..•..•.•......••••.••..•.••.••.••.•••••.••....•..•..••....••....•.••.•••.••••..•.•..•..•.••..•..•..•..•.••.•... 2
The Project ................................................................................................................................................................................................................................. 2
The Trees & the Project ............................................................................................................................................................................................................ 2
Table 1 Summary Tree Ta ble ................................................................................................................................................................................................. 2
RECOMMENDATIONS .......................................................................................................................................................................................................... 3
INTRODUCTION .................................................................................................................................................................................................................... 6
Purpose & Use of Report ........................................................................................................................................................................................................ 6
Plans Reviewed ......................................................................................................................................................................................................................... 6
METHODOLOGY ................................................................................................................................................................................................................... 7
OBSERVATIONS .................................................................................................................................................................................................................... 8
Site Conditions ........................................................................................................................................................................................................................... 8
Trees on Neighboring Properties ............................................................................................................................................................................................ 8
APPENDIX ............................................................................................................................................................................................................................. 9
Table 3 Complete Tree Table ................................................................................................................................................................................................ 9
Explanation of Tree Table Data Columns: ..................................................................................................................................................................... 12
Tre e Protection Distances ..................................................................................................................................................................................................... 16
3 t o 5 x DBH .......................................................................................................................................................................................................................... 16
OTPZ (Optimum Tree Protection Zone) ........................................................................................................................................................................... 16
Los Gatos General Tree Protection Directions .................................................................................................................................................................. 17
Tre e Ph o tos .............................................................................................................................................................................................................................. 20
Assumptions & Limitations ..................................................................................................................................................................................................... 22
G loss ary .................................................................................................................................................................................................................................... 24
Cover photo : coast live oak #3 in the backyard , which will be near a proposed deck extension, is pictured. All photos in this report were
t aken bv D. Ellis on Mav 14, 2015.
PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http://www.decah.com .
TREE MAP
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Deborah Ellis, MS
Consulting A rborlst & Horticulturist
NOT FOR CONSTRUCTIO. D~FJ_REVIEW 9 !'JL Y.
G~-c J .•
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Service since 1984
r PO Box 3i14~,:;~~~A-95070 . 408-725-1357. decah@pacbell.net. http://www.decah .com . I
Arborist Report for 16530 Blackberry Hill Rd . May 20, 2015 . Page 1 of 25
!
SUMMARY
THE PROJECT
An existing two-story house and basement will be remodeled , including an addition .
THE TREES & THE PROJ ECT
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service since 1984
There are 5 protected trees • adjacent to propose d construction. A summary of all trees is p rovided in Table 1 below, and a more
detailed description of the trees is provided in Table 3 (the Complete Tree Table) beginning on page 9. The Complete Tree Table also
provides recom mended minimum root protection distances for thos e trees that will or may be saved , as well as other important
information about i ndividual trees.
TABLE 1 SUMMARY TR EE TA BLE
Tree Common !Trunk Diam. Preservation Expected I # Name @3ft. Suitability Construction Action Reason I
(in.) Impact I
I
1 coast live oak 19 Good Low/ Save
I Moderate
l 2 !coast live oak I 5 !Fair/Good !Uncertain Joebatable JConstruction l
! 3 !coast live oak I 19,22 JGood !Low/Moderate Jsave I
I 4 !coast live oak I 8 'Good 'Low !Save I
(@1 .5 ft.)
· s !blue Atlas cedarT 13 _ _ JGood_ -==-~ l Low____ Jsave __ I ___ _
1 For t he purpose of this project, a protected tree in Los Gatos as defined in the Los Gatos Town Code. Division 2 Tree Protection. Section 29.10.0960. 12/3/2010 the
Scooe of Protected T ree s is any tree with a 4-inch or greater d iameter of any trunk, when removal relates to any review for which zoning approval or subdivision
a ooroval is reauired. Town Street trees of anv size are orotected . Fruit trees less than 18 inches in trunk diameter are ex emot.
PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http://www.decah .com .
Arborist Report for 16530 Blackberry Hill Rd . May 20, 2015. Page 2 of 25
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service since 1984
RECOMMENDATIONS
1 . Existing trees to be saved or removed should be numbered on all site-based plans to match the tree tag numbers that are used in this
arborist report.
2. Trees listed as "Debatable" are: #2 and 3 . Read about these two trees in the Notes Section of the Complete Tree Table in order to
determine what to do with them (will they be saved or removed)? A "Debatable" designation means that there is a problem with
retaining that tree, such as a tree that is shown to be saved but is a poor species for the site , or in poor condition. Another common
cause is that the tree is shown to be saved but construction may be too close to it. The reason for the "Debatable" designation can
be found in the "Reason" and "Notes" column of the Complete Tree Table. Additional action or decisions are necessary on the part
of the tree owner, project architects or others involved in the project design and construction are necessary in order to resolve
whether a debatable tree will be saved or removed .
3. For those trees that will be retained on the site, follow the Town of Los Gatos Tree Protection Directions, included in this report on pages
17 through 19. A separate copy of the Directions is enclosed and must be incorporated into the project final plans . Additional tree
protec tion information is also available from Deborah Ellis if necessary.
a. Regarding coast live oak #1 , the opening below the existing patio/deck must be fenced off and have tree protection
signage placed on the fencing so that workers will not store materials and equipment in this area . Above the deck the trunk
of the tree up to the height of the lowest branch facing the house must be wrapped w ith Type 3 Tree Protection (straw wattle
roll).
4. Neighboring trees: whose canopies overhang the project site adjacent to construction must receive tree pro tection in the same
manner as existing trees to remain on the project site ; for example tree protection fencing and signage. The general contractor shall
fence off the dripline of these trees as much a s possible in order to avoid damaging branches and compacting the soil beneath the
canopy. If pruning is necessary in order to avoid branch breakage, the general contractor shall hire a qualified tree service to
perform the minimum necessary construction clearance pruning.
5. I should review all site -based plans for this project: I have reviewed the plan sheets listed on page 6. Additional improvements on
plans that were not reviewed or have been revised may cause additional trees to be impacted and/or removed. Plans re viewed by
the arborist should be full-size , to-scale and with accurately located tree trunks and canopy driplines relative to proposed
improvements . Scale should be 1 :20 or 1:10.
I PO Bo x 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http://www.decah.com. I
Arborist Report for 16530 Blackberry Hill Rd. May 20, 2015 . Page 3 of 25
De borah Ellis, M S
Consulting Arborist & Horticulturist
Service since 1984
6. As a part of the design process, try to keep Improvements (and any additional over-excavation or work area beyond the
Improvement) as far from tree trunks and canopies as possible. SxDBH2 or the dripline of the tree, whichever is greater, should be
used as the minimum distance for any soil disturbance to the edge of the trunk. 3xDBH should be considered the absolute minimum
distance from any disturbance to the tree trunk on one side of the trunk only, for root protection. Farther is better, of course. For
disturbances on multiple sides of the trunk, then 5xDBH or greater should be used, and farther is also better here. Tree canopies must
also be taken into consideration when designing around trees . Don't forget the minimum necessary working margin around
improvements as you locate those improvements. Disturbance usually comes much closer to trees than the lines shown on the plans!
7. Construction or landscaping work done underneath the drlpllne 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 work underneath the dripline of trees. This also applies to trees on neighboring properties whose canopies overhang the
work site.
8. Landscaping:
a . New landscaping and irrigation can be as much or more damaging to existing trees than any other type of construction . The
same tree root protection distances recommended for general construction should also be observed for new landscaping.
Within the root protection zone it is usually best to limit landscape changes to a 3 to 4-inch depth of coarse organic mulch
such as wood or bark chips or tree trimming chippings spread over the soil surface. The environment around existing trees
should be changed very carefully or not at all -please consult with me regarding changes in the landscape around existing
trees and/or have me review the landscape and irrigation plans for this project.
b. This site contains oaks that are native to the immediate area (coast live oaks #1, 2, 3 and 4 ). This tree species fares best
with no irrigation during the normal dry months of the year. The best treatment of the ground beneath the canopies of native
oaks is nothing but their own natural leaf and twig litter mulch. Exceptions to irrigation restriction include during the winter in
extended drought periods, as temporary compensation for root loss due to construction, and for newly planted trees during
their 2 to 3 year establishment period after installation. Native oak species are often killed due to inappropriate landscaping
that is installed around them; mostly commonly landscaping that requires frequent irrigation such as lawns or other high water-
use plants . Large drought tolerant trees such as native oaks can become dangerous when exposed to frequent irrigation,
especially close to their trunks. California native oaks that are treated in this manner may contract root rot diseases and fall
2 3 & SxDBH : See oaae 16 for an exolanation of these calculations which are used to estimate root orotection distances for trees .
PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http://www.decah .com.
Arborist Report for 16530 Blackberry Hill Rd. May 20, 2015. Page 4 of 25
Deborah Ellis, MS
Consulting Arborist & Horticulturist
S ervice si nce 1984
over at the roots; often causing great damage and personal injury I there are targets in their vicinity such as h omes, cars and
people. It is important to landscape c orre c tly around our native oaks; e.g. summer dry. I have attached a publication
entitled living among the Oaks, to assist in best managing the oaks on the property, as well as the directions to follow in items
'b' and 'c' below.
c. Around th e native oaks: there shall be no planting or irrigation (including drip irri gation} within a minimum radius of 10 fe et
from the trunks of the oaks or the inner half of the dripllne of the tree, whichever is greater. Farther is better. Within this 10-foot
(or greater} radius around the trunk a 3 to 4-inch depth of coarse organic mulch such as wood or bark chips or tree trimming
chippings sha ll be spread over the soil surface. Shredded redwood bark is not allowed. Keep the mulch off the root collar of
the trees. Beyond this 10-foot (or greater) protective, mulched area only drought-tolerant, summer-dry plant species,
preferably plant species that are na tive to the immediate area and grow commonly in association with the native oaks, may
be planted. Only summer-dry tolerant plants are allowed within the outer half of the dripline of the tree or 20 feet from the
trunk, whichever is greater. Suc h plants may be planted from no larger than 1-gallon cans in holes that are hand-dug
manually with a shovel (no power equipment such as augers allowed). The se plants must be spaced sparsely (e.g. p lanted no
closer than 4 feet apart) and watered with drip irrigation. The planting zone around these plants shall be mulched in the same
manner previously described. The drip irrigation for these plants should preferably be abandoned after a 2 to 3 year
es tablishme nt period.
9. General Tree Maintenance:
a. The root collars and lower trunks of some of the trees were obscured from view by vegetation, excess soil or other covering. Such
portions of the tree should be uncovered and the tre e re-evaluated by the arborist.
b. Do no unnecessary pruning, fertilization or other tree work. Pre-cons tru c ti on pruning should be limited to the absolute minimum
requi red for construction clearance. A qualified tree service should be hired to provide such pruning.
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Arborist Report fo r 16530 Blackberry Hill Rd. May 20, 2015. Page 5 of 25
De b o ra h Elli s, M S
Consulting Arborist & Horticulturist
Seroiu since 1984
INTRODUCTION
PURPOSE & USE OF REPORT
Thi s survey a nd report was required by the Town of Los Gatos as a part of the building permit process for this project. The purpose of the
report is to identify and describe the existing protected trees on site --their size , condition and suit a bility for preservation. The audience
for this report is the property owner, developer, project architects and contractors, and Town of Lo s G atos authorities concerned with
tree preservation and tree removal. The goal o f this report is to preserve the existing protected trees on site that are in acceptable
c ondition, are good species for the area and will fit in well with the proposed new use of the site.
PLANS REVIEWED
Table 2
PLAN DATE SHEET REVIEWED NOTES
Existing Site Topographic Map
including existing tree trunk locations
Proposed Site Layout 3/16/15 A1.2 X
Demolition
Construction Stag ing
Grading/Drainage I
Erosion Control I
Underground Utility
Site & Building Sections -3/16/15 A1 .31 X
Building Exterior Elevations 3/16/15 A3.1-3.5 X
Roof
Shadow Study
Construction Details that wo uld
affect trees (for example building
foundations, pavement installation
including sub-grade preparation,
underground utility installation)
Landscape Planting
Irrigation Plan
Landscaj)e & Irrigation Details
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Arborist Report for 16530 Blackberry Hill Rd . May 20, 2015 . Page 6 of 25
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service si11ce 1984
METHODOLOGY
I performed a brief evaluation of the subject trees on May 14, 2015. Tree characteristics such as form, weight distribution, foliage color
and density, wounds and indicators of decay were noted. Surrounding site conditions were also observed. Evaluation procedures were
taken from:
• Guide for Plant Appraisal, 9th edition, 2000, authored by the Council of Tree and Landscape Appraisers (CTLA) and published by the International
Society of Arboriculture (ISA).
• Species Classification and Group Assignment published by the Western Chapter of the International Society of Arboriculture (WCISA), 1992.
The above references serve as industry professional standards for tree and landscape evaluations.
I measured the trunk diameter of each tree w ith a diameter tape at 3 feet above the ground, which is the required trunk diameter
measurement height of the Town of Los Gatos. Trunk diameter was extrapolated to DBH (diameter at breast height, 4.5 feet above the
ground) because DBH is also used calculate tree protection distances and other tree-related factors. The DBH figure is not included in
the Tree Tables, but I have used it to estimate construction impacts to trees. Trunk diameter was rounded to the nearest inch. I estimated
the tree's height and canopy spread. Tree Condition (structure and vigor) was evaluated and I also recorded additional notes for trees
when significant. Tree species and condition considered in combination with the current or (if applicable) proposed use of the site yie lds
the Tree Preservation Suitability rating. The more significant trees (or groups of trees) were photographed with a digital camera. Some of
these photos are included in this report, but a ll photos are available from me by email if requested.
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Arborist Report for 16530 Blackberry Hill Rd. May 20, 2015. Page 7 of 25
OBSERVATIONS
SITE CONDITIONS
Deborah Ellis, MS
Consulting Arborlst & Horticulturist
Seroice since 1984
There is an existing two-story, single-family house on the site; also a pool and landscaping that is typical for the Los Gatos hillside area .
Site topography is level around the house, but then slopes steeply down to the North. Most of the vegetation on the site is native and
probably of natural growth, although there are some non-native ornamental plants planted near the house . Landscape maintenance
is of a moderate level.
TREES ON NEIGHBOR ING PROPERTIES
There are some large native oak trees that overhang the North perimeter of the site, near coast live oak # 1 . The canopies of these
trees have been pruned to be fairly high, but the trunks of some of the trees are close to the fence between the two properties. There is
one large coast live oak in particular, shown in the photo on page 20, whose canopy should be fenced off as much as possible in order
to reduce soil compaction caused by construction traffic and storage.
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Arborist Report for 16530 Blackberry Hill Rd . May 20 , 2015. Page 8 of 25
Debo rah Ellis , MS
Consult i ng Arbori st & Horticulturist
Service sirtce 1984
APPENDIX
TABLE 3 COMPLETE TREE TABLE
Th is Tab le is continu ed th ro ugh page 11. Data fields in the Table are e xplained on pages 12 to 15
TREE ROOT
~ONDITION PROTECTION
Tree Species Trunk DISTANCES
& Diam. Preservation Expected
# Common @3ft. Size CD Suitability Constructio n A ction Reason Notes ... ... J: J: ::I Impact N
Name (in.) 0 .... In In a.. Cl u 0 0 ~ > ::I ... )( )( 0 .... C") It)
Ill
I 1 Quercus 19 35.25 80 60 Good Low/ Save Construction : a room will be added to the 5 8 14 :
agrifolia , Moderate house and the existing roof will be modified ' ' I
I coast live at a distance of 13 feet from the trunk. I
oak Roof construction may interfere with the i
I canopy of this tree somewhat, although i
I past pruning has kept the canopy mostly !
away from the house. Erect story posts
I and have a qualified tree service provide I
he minimum necessary pruning prior to ! .
I demo and construction in order to allow ' I
construction workers to complete their work
! jwithout damaging branches of the tree. !
C ondition : the trunk of this tree grows I
I
hrough a 3x3 ft . hole cut into the paved i
patio above. The base of the trun k is about I
I 6 feet below the patio. Around the base of ;
I 1 ~he tree there is a storage area open to the I
northeast so that the lower trun k can be l
I accessed . The root collar of this tree is
buried by 6 inches or more of duff which !
I should be removed and the covered area ! -.. J __ I re-examined_ by a qualified arborist .. --····--· ---.. -. -·-~-~· I PO Bo x 3714 , Sarat~a . CA95070. 408-725-1357~ decah@p~~bell .net . http ://ww;.decah.~om . -----I
Arbor is t Re port for 16530 Blackbe rry Hill Rd . May 20 , 2015. Page 9 of 25
De b orah Ellis, MS
Consulti ng Arborist & Horticulturist
Service since 1984
TREE ROOT
CONDITION PROTECTION
Tree Species Trunk DISTANCES
& Diam. Preservation Expected
# Common @3ft. Size I!! Suitability Construction Action Reason Notes ... :I Impact ::z: ::z: N
Name (in.) 0 -ID ID D. 0) u 0 0 1-·s; :I )( )( 0 ... -(') It)
II)
2 coast live 5 16*12 60 70 Fair/Good Uncertain Debatable Construction Construction : this small tree is not shown 3 4 5
oak on any of the plans, but it is of protected
size and may be close to a pier for the new
' ~eck extension above , or even within the
proposed deck extension. This tree should
I
be accurately shown on the plans so that
construction impact can be assessed . The
I oak can be transplanted elsewhere if
I necessary.
I 3 coast live 19,22 50*40 80 60 Good Low/Moderate Save Construction : a pier for the deck extension 8 13 24
I
'
oak is 5 feet from the trunk. The new stairs will
extend from the existing upper deck to the I new lower deck, so there will be no ground
i disturbance for that. I spoke with the I
I architect and she was agreeable to move I ~e pier slightly farther from the trunk of the I
I itfee and cantilever the remaining comer i
I and edge of the deck near the tree. If
I possible try to move the pier so that there
I ~II not be soil disturbance closer than 8 I
I feet from the trunk . The nearest edge of
i the new roof extension is 19 feet from the
I ~ok whld1 will probably oot be a problem I
i ative to the canopy of the tree, but erect
I ory posts to verify if any construction
' earance pruning will be necessary.
I 4 coast live 8 16*15 80 70 Good Low Save Construction : this small tree is not shown 3 4 5
I oak (@1 .5 on any of the plans, but it is of protected
i ft.) size and it is between trees #3 and #5 ' -·· ---·--------·-·-·· .. -----· ·--·-·-··----·-
-------r -··~. PO Bo x 3714 , Saratoga, CA 95070. 408-725-1357. decah@pacbell .net. http:/ /www .decah .com . I
Arborist Report for 16530 Blackberry Hill Rd . May 20, 2015. Page 1 0 of 25
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service si11 ce 1984
TREE ROOT
~ONDITION PROTECTION
Species Trunk DISTANCES
Tree & Diam. Preservation Expected
# Common @3ft. Size e Suitability Construction Action Reason Notes ... ;::, Impact ::t: ::t: N Name (ln.) 0 -Ill Ill a.. = u 0 0 1-'): ;::, )( )( 0 ... -C") It)
Ill
-
I !which are adjacent to where work will be i ! occurring. Therefore this tree should be ' I
I I accurately shown on the plans . I do not ' I know if workers will be walking and ' I I ' I transporting materials and equipment in this
' I area around the side of the house. It will be
i empting to throw things into the shrubby I
!
I area here, and so this tree should be ' I
I surrounded by the standard Los Gatos tree I
i protection fencing and s ign age. I
I 5 Cedrus 13 25*18 80 70 Good Low Save Construction: this tree is not shown on any 3 5 6 I
atlantica of the plans , but I estimate it is about 20 !
i 'Giauca ', feet from the proposed first floor addition . I I blue Atlas Because of the same reaso ns mentioned I cedar for oak #4 above , this tree should also be I I
!
i included on the plans and receive tree '
I protection fencing and signage . I
'
i Condition : some upslope soil over the root I
' collar should be removed. ··--... ~---~··-···'--··-· .... --~-·------------..-.---··--------------------------·---· ------·---·-. ----_..._,. ____ ., ------· ---_____ ,
End of Table
.·
l PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http://www .decah .com. I
Arbori st Report for 165 30 Blackberry Hill Rd . May 20, 2015. Page 11 of 25
De b orah E llis, MS
Consulting A rboris t & Horticulturist
S ervice sin ce 1984
EXPLANATION OF TREE TABLE DATA COLUMNS:
1) Tree Number (the field tag number of the existing tree). Each existing tree in the field is tagged w ith a 1.25 inch round alumi num number tag that
corresponds to its tree number referenced in the arborist report, Tree Map, Tree Protection Directions and any other project plans where ex isting trees
must be shown and referenced.
2) Tree Name and Type:
Species: The Genus and species of each tree. This is the unique scientific name of the plant, for example Quercus agrifolia where Quercus is the Genus
and agrifolia is the species. The scientific names of plants can be changed from t ime to time, but those used in this report are from the most current
edition of the Sunset Western Garden Book (2012) Sunset Publishing Corporation. The scientific name is presented at its first occurrence in the Tree
Table, along with the regional common name. After that only the common name is used .
3) Trunk diameter (at 3 feet above the ground). This is the trunk diameter measurement height required by the Town of los Gatos, in lieu of DBH3
• For
multi-trunk trees, trunk diameter is measured for the largest trunk and estimated for all smaller trunks . A number in parentheses (e.g. 2) after the trunk
diameter(s) indicates that it was not possible to measure the trunk at 3 feet (due to tree architecture) and so the diameter was measured at th is
alternate height (in feet), which reflects a more realistic trunk diameter for the tree.
Examples: an "18" in the Diameter column means that the tree has a diameter of 18 inches at 3 feet above the ground. An "18 (2)" means that
trunk diameter wa s 18 inches measured at 2 feet above the ground. "18, 7, 5" means that this is a multi-trunk tree with trunk diameters of 18,
7 and 5 inches at 3 feet above the ground.
4) Size : tree size is listed as height x width i n feet, estimated and approximate and intended for comparison purposes.
5) Condition Ratings: Trees are rated for their condition on a scale of zero to 100 with zero being a dead tree and 100 being a perfect tree (which is rare-
like a supermodel in human terms). A 60 is "average" (not great but not terrible either). There are two components to tree condition -vigor and
structure, and each component is rated separately. Averaging the two components is not useful because a very low rating for either one could be a
valid reason to remove a tree from a site--even if the other component has a high rating. Numerically speaking for each separate component:
100 is equivalent to Excellent (an 'A' academic grade), 80 is Good (B), 60 is Fair (C), 40 is Poor (D), 20 is Unacceptable (F) and 0 is Dead .
3 DBH is t ree t runk diameter m mches "at breast heigh t", measured at 4.5 feet above ground level. This is the fo restry and ar boricultural standard measurement
heiaht t hat is also used in manv tree-related calculations.
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Arborist Report for 16530 Blackberry Hill Rd . May 20 , 2015. Page 12 of 25
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Se rvice since 1984
6) Relative to the scope of work for this report, tree Condition has been r ated but not explained in detail and recommendations for the management of
tree condition have not been included . The tree owner may contact Deborah Ellis for additional information on tree conditio n an d specifi c
recommendations for the general care of individual trees relative to their condition.
7) The Condition of the tree is considered relative to the tree species and present or future intended use of the site t o provide an opinion on the tree's
Preservation Suitability Rating (i.e . "Is this tree worth keeping on this site , in this location, as expla ined in Table 4 below. This is based upon the scen ari o
that the tree is given enough above and below-ground space to survive and live a long life on the site. Ratings such as "Fair/Good" and "Fa ir/Poor" are
intermed iate i n nature . The Preservation Suitability rating is not always the same as the Condition Rating becau se (for example) some trees with poor
co ndition or structure can be significantly improv ed with just a small amount of w ork-and it would be worthwhile to keep t he tree if this were done.
Table 4 P 1tion SuitabilitY Ratina E 'I ~r-
Such trees are rare but they have unusually good health and struct ure and provide
Excellent multiple functional and aesthetic benefits to the environment and the users of the s ite.
These are great trees with a minimum rating of "Good" for both vigor and structure .
Equivalent to academic grade 'A '.
These trees may have some minor to moderate structural or condit ion flaws that can be
Good improved with treatment. They are not perfect but they are in relatively good condition and
provide at least one significant functional or aesthetic benefit to the environment and the
users of the site. These are better than average trees equivalent to academ ic grade · B'.
These trees have moderate or greater health and/or structural defects that it may or may
not be possible to improve with treatment. These are "average" trees -not great but not
so terrible that they absolutely should be removed . The majority of trees on most s ites
Fair tend to fall into th is category. These trees will require more intensive management and
monitoring , and may also have shorter life spans than trees in the "Good" category.
Retention of trees with moderate suitability for preservation depends upon t he degree of
proposed site changes . Equivalent to academic grade ·c·.
These trees have significant structural defects or poor health that cannot be reasonably
improved with treatment. These trees can be expected to decline regardless of
Poor management. The tree species themselves may have characteristics that are undesirable
in landscape settings or may be unsuitable for high use areas. I do not recommend
retention of trees with low suitability for preservation in areas where people or property will
be present. Equivalent to academic grade ·o ·.
These trees are dead and /or are not suitable for retention in their location due to ris k or
None other issues. In certain settings however, (such as wilderness areas, dead trees are
beneficial as food and shelter for certain animals and plants including decomposers.
-------------------j;gl,!iy~IEmt t() ~cademif_flr~de_·F'. --
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Arborist Report for 16530 Blackberry Hill Rd. May 20 , 2015. Page 13 of 25
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service since 1984
8) Action (Disposition):
a) Save : it should be no problem save this tree utilizing standard tree protection measures.
b) Remove: this recommendation is based upon tree condition, preservation suitability, expected impact of construction, poor species for the site or
any combination of these factors.
c) Debatable: there is a problem with potentially retaining this tree. Find out why in the Reason and Notes columns of the Complete Tree Table.
Examples are:
• The tree is shown to be saved (and may be a desirable tree to save) but proposed construction is too close or is uncerta in and may cause too
much damage to retain the tree. Design changes may be recommended to reduce damage to the tree so that it can be saved.
• Further evaluation of the tree is hecessary (e.g. the tree requires further, more detailed evaluation that is beyond the scope of this tree survey
and report. Examples are advanced internal decay detection and quantification with resistance drilling or tomography, a "pull test" to assess
tree stability from the roots, or tissue samples sent to a plant pathology laboratory for disease diagnosis.
• Condition : the tree is in "so-so" or lesser condition and an argument could be made to either save or remove the tree as it stands now. In
some cases the owner will make the decision to save or remove the tree based upon the information provided i n this report as well as the
owner's own preferences .
• Species: the tree may be a poor species for the area or the intended use of the developed site.
• Uncertain construction impact
• Other (as explained for the individual tree)
9) Reason (for tree removal or to explain why a tree is listed as "Debatable" or "Uncertain"). Multiple reasons may be provided, with the most significant
reason listed first. Reasons can include but are not limited to:
• Construction (excessive con struction impact is unavoidable and it is not worthwhile to try and save the tree)
• Condition (e .g. poor tree condition-either vigor, structure or both)
• Landscaping (the tree is being removed because it does not fit in with or conflicts with proposed new landscaping)
• Owners Decision (f or some rea son the owner has decided to remove this tree)
• Species (the tree is a poor species for the use of the site)
• Risk (the tree presents moderate to excessive risk to people or property that cannot be sufficiently mitiga ted)
10) Notes: This may include any other information that would be helpful to the client and their architects and contractors within the scope of work for this
report, such as a more detailed explanation of tree condition or expected construction impact.
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Arborist Report for 16530 Blackberry Hill Rd . May 20, 2015. Page 14 of 25
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service sirt ce 1984
11) Tree Protection Distances (See page 16).
a) Root Protection :
i) 3 and SxDBH : Both the 3 an d SxDBH distances are listed for each tree. For multi-trunk trees 100% of the DBH of the largest trunk is added to
50% of the DBH for all other trunks in order to compute the operational DBH to use for these the Tree Protection Dista nc e calculations. For
practical purposes, the minimum 3xDBH distance listed is 3 feet and the m inimum SxDBH distan ce is 4 feet. If disturbance cannot be ke pt at
lea st 3 feet from the trunk of a tree, the tree should norma lly be removed .
ii) OTPZ (Optimum Tree Protection Zone): Thi s is calculated as per the text, Trees & Development. Matheny et al., International Society of
Arboriculture, 1998. Thi s method takes into account tree age and the particular t ree sp ecies tolerance of root d isturbance. Becau se it may not
be possible to maintain the OPTZ di stance recommended for trees on many projects due to crowded site cond itions, the Arborist may omit th is
r equ irement and list only the 3 and SxDBH distances.
b) Canopy Protection : Additional space beyond root zone protection d ista nce s ma y be necessary for canopy protection .
c) I have increase d a few of the calculated tree protection distances for individua l trees based u po n my professional judgment re lative to site
constraints.
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Arborist Report for 16530 Bla ckberr y Hill Rd. May 20,2015. Page 15 of 25
TREE PROTECTION DISTANCES
3 TO 5 X DBH
Debo ra h Ellis, MS
Consulting Arborist & Horticulturist
Service sin ce 1984
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 affect 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 ex-cavation 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.
DBHis 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 toper,
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, us ing the 3X DBH guideline an excavation should be no closer than 4.5 feet from the trunk of an 18-inch DBH tree. Such distances
are guidel ines only , and should be increased for trees with heavy canopies, significant leans, decay , structural problems , etc. 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 gu idelines. 3x DBH 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 5xDBH 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.
OTPZ (OPT IMUM TR EE PRO TECTION ZONE)
OTPZ is the distance in feet from the trunk of the tree, all around the tree, that construction or other disturbance should not encroach within. If this
zone is respected, then chances of the tree surviving construction disturbance are very good . This method takes into account tree age , DBH and the
particular species tolerance to root disturbance. Although there are no scientifically based methods to determine the minimum distance for construction
(for example , root severance) from trees to assure their survival and stability , there are some guidelines that are often used in the arboricultural
industry. The most current guideline comes from the text, Trees & Development, Matheny et al., International Society of Arboriculture, 1998. The tree
protection zone calculation method in this text was used to obtain the OTPZ's provided in this report. Due to the crowded, constrained nature of many
building sites it is often not be possible to maintain the OPTZ distance recommended for many of the trees --therefore I have also listed alternate
distances of 3 and 5X DBH (see paragraph above).
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Arborist Report for 16530 Blackberry Hill Rd . May 20, 2015 . Page 16 of 25
Deborah Ellis, MS
Consulting Arborist & Horticulturist
S ervice si11 ce 1984
LOS GATOS GENERAL TREE PROTEC TI ON DIREC TIO NS
Note that the following is excerpted from Division 2 (Tree 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. 29.10.1 ooo New Property Development
( 11 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 plans do not constitute approval to
remove a tree until a separate permit is granted. The property owner or applicant shall obtain a protected tree removal permit, as
outlined in section 29.10.0980 for each tree to be removed to satisfy the purpose of this 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 Rep ort.
(3.g.l 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 cauti o n to avoid damage to the root structure. Work within the dripline of existing
trees shall be supervised at all times by a certified or co nsulting arborist.
Section 29.1 0.1005 Protection of Trees during Construction
a) Protective tree fencing shall specify the following:
1) Size and materials: A five (5) or six (6) f oot high chain link fencing , mounted on two-inch d iameter 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 a rea that will not be
demolished and when stipula ted in a tree preservation plan, posts may be supported by a concrete base.
I PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http://www.decah .com. I
Arborist Report for 16530 Bla ckberry Hill Rd. May 20, 2015 . Page 17 of 25
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service sin ce 1984
2) Area type to be fenced . .IyruU: 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 arborist4 • ~: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 {s uch as
d o wntown): orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with 2 inch wooden
boards bound securely on the outside . Substitute the orange plastic fencing and wooden boards with straw wattle roll {normally
used for so il erosion c ontrol). Caution shall be us e d to avo id damaging any bark or branches.
3) Duration of Type I, II, Ill fencing. Fencing shall be erected before demolition, gra d ing or construction begins and remain in place
until final landscaping is required . Contractor shall first obtain the approval o f the projec t arborist on re c ord prior to removi ng a tree
pro tectio n fence.
4) Warning sign . Each tree fence shall have prominently displayed an 8.5 x 11-inch sign stating: "Warning-Tree Pr otection Zone-this
f e nce shall not be rem oved and is subject to penalty according to Town Code 29 .10 .1025". A template sign has been provi ded to
be used on the project site.
b) All persons, shall comply with the following precautions:
1) Prior t o the commencement of construction, Install the fence at the dripline, or tree protection zone {TPZ) when specified in an
approved arborist report, around any tree and/or vegetation to be retained which could be affec ted by the c onstruction and
pro hibit any storage o f c onstruction materials or o ther materials or vehicles insi de the fen c e . Th e dripline shall not be altere d in any
w ay so a s to in c rease the enc roachment of the c onstruction .
2) Prohibit excavation, grading, drainage and leveling within the dripllne of the tree unless approved by the d irector.
3) Prohibit disposal or depositing of oil, gasoline, chemicals o r other harmful materials within the dripline of or in drainage channels,
swales or areas that may lead to the driplin e of a protected tree
4) Prohibit the attachment of w ires, signs or ropes to any p rotected tree .
5) Design utility services and irrigation lines to be located outside of the dripline when feasible .
6) Retain the services of the certified or consulting arborist for periodic monitoring of the project site and th e health of those trees to
b e 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 a ny damage that occurs to a protected tree during construc t ion so t hat
proper treatment may be administered.
• If it is not possi ble to place Type 1 or Type 2 tree protection fencing at the dripline due to the construction, then place the fencing as f ar from the trunk as possible,
incl uding as much of the dripline as possible, while sti ll 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 trv to fence off as much area under the canoov as oossible. do not be irresoonsible about this.-
PO Bo x 3714 , Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http:/ /www.decah.com.
Arborist Report for 16530 Blackberry Hill Rd . May 20 , 2015 . Page 18 of 25
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service si11ce 1984
Section 29 .10.1010 Pruning and Maintenance
All pruning of protected trees shall be consistent with the current edition of Best Management Practices -Tree Pru ning , 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 utiiHy 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 any work, including pruning, which may cause injury to a protected tree (e.g.
cable TV /fiber optic trenching, gas, water, sewer trench, etc.)
2) Pruning for clearance of utiiHy lines and energized conductors shall be performed in compliance w ith the current version of the
American National Standards Institute (ANS I) A300 (Part 1) - Pruning, Section 5.9 Utility Pruning . Using spikes or gaffs when pruning is
prohibited.
[ PO Box 3714 , Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http://www.decah .com . ]
Arborist Report for 16530 Blackberry Hill Rd . May 20 , 2015. Page 19 of 25
TREE PHOTOS
De bo rah Ellis, MS
Consulting A rborist & Horticulturist
S eroice since 1984
Left photo: coast live oak #1 f rom the south , growing through a hole cut in the
e x istmg upper patio .
Right photo : coast live oak can be seen at nght, with the neighbol''s
ovel'hanging lal'ge coast live oak (white arrow points to trunk) at left.
I PO Box 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.net. http://www .decah.com. I
Arborist Report for 16530 Blackberry Hill Rd . May 20 , 2015 . Page 20 of 25
Deborah Elli s, MS
Consulting Arborist & Horticulturist
5
Up per Left photo : coast live oak #Z , which may be With i n or
very clo se to the proposed lower deck extens 1on .
Up per Center : coast live oak #3 v1ewed from the west.
Up per Right : blue Atlas cedar #5 .
Lower Photo : coast live oak #4
I PO Bo x 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell.~-hff;/;~;.decah.com. I
Arborist Report for 16530 Blackberry Hill Rd . May 20 , 2015. Page 21 of 25
Deborah Ellis, MS
Consulting Arborist & H orticulturist
S ervice since 1984
AS SU M PTIONS & LIM ITATIONS
1. Tree locations were provided b y an unknown party and are shown on the Tree Map on page 1 of this report. The tree map is a
reduced partial copy of the proposed Site Plan that I was given. Tree locations are assumed to be accurate but should b e veri fied
in the field.
2. Some of the trees described In this report were not Included on the plans (trees #2, 4 and s ) and so we tentat ively plotted t he
approximate locations of the trunks of these trees on the Tree Map. At least tree #2 should be accurately shown on all si te-based
plans so that I can accurately estimate the impact of construction to this tree.
3. A Basic Evaluation of the subject trees described In this report was performed on May 14. 2015 for the purpose of this report. A bas ic
evaluation is a visual evaluation of the tree from the ground. wi thout c limbing into the t ree o r performing detailed tests such as
extensive digging. boring or removing samples. This is a n initial screening of th e tree after which the evaluator may recommend that
additional. more detailed examination(s) be performed if deemed necessary .
4. Trees on neighboring properties were not evaluated. They were only viewed cursorily from the proj ect site. I d id not enter the
neighboring property to inspect these trees up close .
5. Some trees had their root collars and or lower trunks covered with soil. vegetation o r debris and were obs tructed fro m view w hen I
conducted my tree evaluation. If these trees may remain . the obstructions should be removed and I should re -examine these
previously covered areas.
6. Any Information and descriptions provided to me for the purpose of my Investigation In this case and the p reparation of this report
are assumed to be correct. Any titles and ownerships to any property are assumed to be good and marketable. I assume no
responsibility for legal matters in character nor do I render any opinion a s t o the quality of any title.
7. The Information contained In this report covers only those items that were examined and reflects the conditi on of those items at the
time of in spection.
8. Loss or removal of any part of th is report invalidates the entire report.
9 . Possession of this report. or any copy thereof. does not Imply right of publication for use for any purpose by any person othe r than to
whom this re p ort is addressed without my written consent beforehand.
10. This report and the ratings or values represented herein represent my opinion. My fee is in no way contingent upon t he reporting of
a specified value or upon any finding or recommendation reported.
11 . This report has been prepared In conformity with generally acceptable appraisal/diagnostic/reporting methods and procedures
a nd is consistent with practices recommend ed by the In t e rnati o nal Socie ty of Arboricu lture and the American Society of Consu ltin g
Arborists.
12. My evaluation of the trees that are the subject of this report Is limited to visual examination of accessible items without dissection.
excavation. probing or coring. Th ere is no warranty or guaran tee. expressed o r implied. that problems or deficiencies o f the plants
o r property in question may no t arise in the future.
I PO Bo x 3714, Saratoga, CA 95070. 408-725-1357. decah@pacbell .net. http://www.decah .com . I
Arb or ist Report for 165 30 Blackberry Hill Rd . May 20 , 2015 . Page 22 of 25
Deborah Ellis , MS
Consulting Arborlst & Horticulturist
Service since 1984
13. I take no responsibility for any defects In any tree's structure. No tree described in this report has been climbed and examined from
above the ground, and as such, structural defects that could only have been discovered have not been reported, unless otherwise
stated. Structural defects may also be hidden within a tree, in any portion of a tree. Likewise , root collar excavations and
evaluations have not been performed unless otherwise stated.
14 . The measures noted within this report are designed to assist In the protection and preservation of the trees mentioned here in, should
some or all of those trees remain, and to help in their short and long term health and longevity. This is not however; a guarantee
that any of these trees may not suddenly or eventually decline, fail, or die, for whatever reason. Because a significant portion of a
tree's roots are usually far beyond its dripline, even trees that are well protected during construction often decline, fail or die.
Because there may be hidden defects within the root system, trunk or branches of trees , it is possible that trees with no obvious
defects can be subject to failure without warning. The current state of arboricultural science does not guarantee the accurate
detection and prediction of tree defects and the risks associated with trees. There will always be some level of risk associated with
trees , particularly large trees. It is impossible to guarantee the safety of any tree . Trees are unpredictable.
******************************
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.
Sincerely,
~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 Ris k Assessment Qualified
Encl osures :
• Town of Los Gatos General Tree Protection Directions (to be included in the final project plan set)
• Los Gatos Tree Protection Sign template (to be placed on tree protection fencing)
• Living among the Oaks -a Management Guide for Landowners. Johnson . University of California Cooperative Extension , Natural
Resources Program. No date.
I PO Bo x 3714, Saratoga , CA 95070. 408-725-1357. decah@pacbell.net . http://www.decah.com . I
Arborist Report for 16530 Blackberry Hill Rd . May 20 , 2015. Page 23 of 25
Deborah Ellis, MS
Consulting A rborist & Horti cult urist
Seroice sin ce 1984
GLOSSARY
1. Arborist. Project. T he arborist who is appointed to be in charge of arborist services for the project. That arborist shall also be a qualified
c onsulting arborist (either an International Society of Arboriculture (ISA) Board-Certified Master Arborist or an American Soc iety 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.
2. Arborist. Qual ified Consulting: must be either an International Society of Arboriculture (ISA) Board-Certified Master Arborist or an Ameri can
Society of Consulting Arborists (ASCA) Registered Consulting Arborist that has sufficient knowledge and e xperience to perform the specific work
required .
3. Dri plin e: 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".
4. Tree Service. Qualified: 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 supervising arborist who has the min imum certification level of ISA (International Society of Arboriculture)
Certified Arborist and acts 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-D49) 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 :
5. Best Management Practices, Tree Pruning. 2008. International Society of Arboriculture , PO Box 3129, Champaign , IL 61826-3129. 217-
355-9411
6. ANSI A300 Pruning Standards. 2008 Edition. Ibid . (Covers tree care methodology).
7. ANSI Z1 33.1 Safety Requirements for Arboricultural Operations . 2006 Edition. Ibid. (Covers safety).
8. Root collar & root collar excavation and examination: The root collar (junction between trunk and roots) is critical to whole-tree health and
stability. A root collar excavation carefully uncovers this area (with hand digging tools , water or pressurized air). The area is then examined to
assess its health and structural stability. Buttress roots may be traced outward from the trunk several feet. Decay assessment of t he large roots
close to the trunk (buttress roots) involves additional testing such as drilling to extract interior wood with a regular drill, or the use of a resistance-
recording drill to check for changes in wood density within the root ; as would be caused by decay or cavit ies. It is important to note that root
decay often begins on the underside of roots, which is not detectable in a root collar excavation unless the entire c ircumference of the root is
excavated and visible. Drill tests may detect such hidden decay. Note that it is not possible to uncover and evaluate the entire port ion of the
root system that is responsible for whole-tree stability. Decayed roots t hat are inaccessible (e.g. underneath the trunk) can be degraded to the
extent that the whole tree may fail even though uncovered and e xamined roots in accessible locations appear to be sound.
9. Root r o t d isease is caused by wet, poorly aerated soil cond itions . Deg radation of roots (root rot) and sometimes the lower trunk (crown rot)
ensues on weakened , susceptible plant species not adapted to such a soi l environment. Opportunistic plant root pathogens (such as watermold
fungi) are often the secondary cause of the problem . Root rot is a particular problem among drought tolerant plants that are not adapted to
frequent irrigation during our normally rain-free months, such as many of our California native plants. The problem is often worsened in fine-
I PO Bo x 3714 , Saratoga, CA 95070. 408-72 5-135 7. decah@pac bell .net. http://www .decah.com . I
Arborist Repo rt f o r 16 5 30 Blac kb e rry Hill Rd . May 20, 2015. Page 24 of 25
D e b o r a h Ellis , M S
Consult ing A rborist & Horticulturist
Seroice siu cc 19 84
textured heavy clay soils that retain water more than do the coarser, fast-draining soils such as occur in the natural environment of many of our
native plants.
10. Summer Dry: Our native oak species are adapted to our "summer dry" climate. When the soil in their root system is kept moist during our
normally dry months, these oaks are predisposed to attack by fungal root rot pathogens that are usually present in our soils. Therefore it is
important to keep irrigation as far from the tree trunk (preferably beyond the mature dripline) as possible. The best landscape treatment
underneath native oaks is non-compacted soil covered with a 3 to 4-inch depth of oak wood, leaf and twig litter (the tree's natural litter). Keep
this mulch 6 to 12 inches away from the root collar (junction of trunk and roots). An exception to the no summer water rule would be newly
planted oaks (for the first 2 to 3 years after planting , until they are "established") and also during droughts that occur during the normal rainy
season .
[ ---. --.. n---Poii~;371-~r~t-;;~.cA95om 408-725~57decah@pa~!;u~net . http://www .decah .com. I
Arborist Report f or 16530 Blackberry H ill Rd . May 20 , 2015 . Pag e 25 of 25
SOUTHWEST CORNER OF INTERSECTION OF BLOSSOM HILL ROAD & LOS GATOS BOULEVARD
DISTANCE -50 mm
a
H
t::d
H ....;
00
RECEIVED
JUL 2 8 2015
TOWN OF LOS GATOS
PLANNING DIVISION
SOUTHWEST CORNER OF INTERSECTION OF BLOSSOM HILL ROAD & LOS GATOS BOULEVARD
DISTANCE • 300 mm
RECEIVED
JUL 2 8 2015
TOWN OF LOS GATOS
PLANNING DIVISION
WEST OF INTERSECTION OF THE SOUTHBOUND HIGHWAY 17 ON RAMP & LOS GATOS-SARA TOGA ROAD (HIGHWAY 9)
DISTANCE -50 mm
RECElVED
JUL l e 2015
TOWN OF LOS GATOS
PLANNING DIVISION
·wEST OF INTERSECTION OF THE SOUTHBOUND H~GHWAY 17 ON RAMP ~& LOS ·G~TOS-S~R_ATCGA _ROAD (HIGHWAY
DISTANCE -300 mm
RECEIVED
I
I
NORTHWEST CORNER OF INTERSECTION OF
WEST MAIN ST. & BAYVIEW AVE. --
DISTANCE • 300 mm
Slide ohcw
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