Staff Report with Exhibits 1-14.17291 Wedgewood Avenue
PREPARED BY: SEAN MULLIN, AICP
Senior Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 08/24/2022
ITEM NO: 2
DATE: August 19, 2022
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of the Development Review Committee Decision to
Approve a Request for Construction of a New Single-Family Residence and
Site Improvements Requiring a Grading Permit on Property Zoned R-1:8.
Located at 17291 Wedgewood Avenue. APN 409-14-013. Architecture and
Site Application S-21-027. PROPERTY OWNER: Young Kim. APPLICANT: Edick
Lazari. APPELLANT: Douglas Scott Maynard. PROJECT PLANNER: Sean Mullin.
RECOMMENDATION:
Deny the appeal of the Development Review Committee (DRC) decision to approve the
construction of a new single-family residence and site improvements requiring a Grading Permit
on property zoned R-1:8.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8
Applicable Plans & Standards: General Plan; Residential Design Guidelines
Parcel Size: Gross: 14,065 square feet (0.32 acres)
Net: 12,225 square feet (0.28 acres)
Surrounding Area:
Existing Land Use General Plan Zoning
North Single-Family Residential Low Density Residential R-1:8
South Open Space/Recreation Open Space R-1:20
East Single-Family Residential Low Density Residential R-1:8
West Single-Family Residential Low Density Residential R-1:8
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SUBJECT: 17291 Wedgewood Avenue
DATE: August 19, 2022
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CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303: New Construction.
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction.
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations).
▪ The project is in compliance with the Residential Design Guidelines.
CONSIDERATIONS:
▪ As required by Section 29.20.150 of the Town Code for granting approval of an Architecture
and Site application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located on the northwest corner of the intersection of Wedgewood
Avenue and Browns Lane (Exhibit 1). The property is currently developed with a single-story
residence of approximately 720 square feet.
On July 12, 2022, the DRC considered a request for construction of a new single-family
residence and site improvements requiring a Grading Permit on the subject property (Exhibit 4).
Following a summary of the project from staff, a presentation of the project from the applicant,
and public comments from neighbors including the appellant , the DRC made the required
Findings and Considerations and unanimously approved the application with modified
Conditions of Approval (Exhibit 5).
On July 22, 2022, the property owner of 17323 Wedgewood Avenue Drive appealed the
decision of the Committee (Exhibit 6). The appeal form lists an additional address for the
appellant at 14344 La Rinconada Drive, which is owned by William Maynard. The appellant
notes that this is their son and that the two properties connect, sharing their rear yards. The
appeal form was submitted and signed solely by the owner of 17323 Wedgewood Avenue,
Douglas Scott Maynard, herein referred to as the appellant.
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SUBJECT: 17291 Wedgewood Avenue
DATE: August 19, 2022
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PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the northwest corner of the intersection of Wedgewood
Avenue and Browns Lane (Exhibit 1). The property is currently developed with a single-
story residence of approximately 720 square feet. The surrounding properties are single-
family residential and open space/recreation uses.
B. Project Summary
The applicant is requesting approval for construction of a new single-family residence and
site improvements requiring a Grading Permit (Exhibit 14). The DRC approved the
application on July 12, 2022 (Exhibit 5). The property owner of 17323 Wedgewood Avenue
is appealing the DRC’s approval of the application (Exhibit 6). The property owner’s
response to the appeal is included as Exhibit 7.
C. Zoning Compliance
A single-family residence is permitted in the R-1:8 zone. The proposed residence is in
compliance with the zoning regulations for allowable floor area, height, setbacks, and on-
site parking requirements for the property.
DISCUSSION:
A. Architecture and Site Analysis
The subject property is located on the north side of Wedgewood Avenue having a gross lot
area of 14,065 square feet. The proposed development requires that 30 feet be dedicated
to the Town along Wedgewood Avenue for future right-of way improvements. The net lot
area after dedication will be 12,225 square feet.
The applicant proposes construction of a new 2,585-square foot, two-story residence with
an attached 774-square foot garage (Exhibit 14). The project proposes a residence with
traditional forms and exterior materials including a composition roof, cementitious board
lap siding, window trim, and exposed gable trusses at the garage and front entry. The
applicant provided a Written Description and a Letter of Justification detailing the project
(Exhibits 8 and 9). The residence includes 900 square feet of below-grade area that does
not count toward the allowed floor area for the property, and a 774-square foot attached
garage. A summary of the floor area for the proposed residence is included in th e table on
the following page.
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SUBJECT: 17291 Wedgewood Avenue
DATE: August 19, 2022
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DISCUSSION (continued):
Floor Areas
Main Floor 1,325 sf
Upper Floor 1,260 sf
Below-grade 900 sf
Garage 774 sf
The proposed residence would be sited on the southern portion of the property, in front of
the existing residence, which would be converted into an accessory dwelling unit (ADU).
The maximum height of the proposed residence is 28 feet, where a maximum of 30 feet is
allowed by the Town Code. A new driveway would provide access from the north side of
Wedgewood Avenue serving the attached garage. The project requires a Grading Permit for
site improvements including earthwork quantities exceeding 50 cubic yards.
B. Building Design
The applicant proposes a residence with traditional forms and materials, including a
composition roof, cementitious board lap siding, window trim, and exposed gable trusses at
the garage and front entry (Exhibit 14). The residence primarily includes hipped roof forms,
with two gable end roof forms on the front elevation above the entry and the garage with
exposed trusses. The partial second-story steps in from the first floor adding to the
articulation of the residence. The main floor of the residence includes the primary living
areas, a bedroom suite, an office, and the garage. The second floor includes an additional
bedroom and a main bedroom suite with a balcony on the front elevation.
The proposed residence was reviewed by the Town’s Consulting Architect on August 27,
2021 (Exhibit 10). The Consulting Architect remarked that the project is modest in size, with
an overall mass and articulation sympathetic to the immediate neighborhood. The
Consulting Architect identified several issues with the project that were inconsistent with
the Residential Design Guidelines and provided six recommendations for design changes to
increase consistency with the Residential Design Guidelines. The Consulting Architect’s
recommendations are provided below, followed by a summary of the applicant’s response
in italics.
1. Lower the entry gable eave line to match the remainder of the first floor.
The entry gable eave line was lowered by approximately one-foot, three-inches to match
the first-floor eave line.
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SUBJECT: 17291 Wedgewood Avenue
DATE: August 19, 2022
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DISCUSSION (continued):
2. Increase the entry roof projection.
The easternmost post supporting the entry roof is located at the limit of the front
setback; therefore, extending the entry roof further forward was not possible. To
address the Consulting Architect’s recommendations, the front wall of the kitchen was
moved back resulting in the entry roof projection increasing by approximately one-foot,
five-inches.
3. Increase the roof slope of the entry gable.
The entry gable roof slope was increased from 5:12 to 8:12.
4. Reduce the second-floor balcony size and better integrate it into the overall design by
continuing the first-floor eave and sloped roof across its frontage.
The depth of the balcony was reduced by approximately 50 percent, from 19 feet, eight
inches, to nine feet, 11 inches. By reducing the depth of the balcony, the applicant was
able to extend the pitched roof above the first floor across the front elevation,
integrating the balcony into the front of the residence.
5. Consider increasing all roof overhangs.
Typical eave depths were increased from eight inches to one-foot, four inches.
6. Recess the garage door consistent with Residential Design Guideline 3.4.1
The garage door was recessed one-foot from the garage façade.
The applicant responded to the Consulting Architect’s issues and recommendations through
design revisions. Staff determined that the applicant adequately addressed all issues and
recommendations raised in the Consulting Architect’s report.
C. Neighborhood Compatibility
Pursuant to the Town Code, the subject property includes a maximum allowable floor area
of 3,545 square feet for the residence and 978 square feet for a garage. The table on the
following page reflects the current conditions of the homes in the immediate area and the
proposed project.
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SUBJECT: 17291 Wedgewood Avenue
DATE: August 19, 2022
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DISCUSSION (continued):
FAR Comparison - Neighborhood Analysis
Address Zoning Lot Area
SF
Residential
SF
Garage
SF
Total
SF
FAR
No. of
Stories
14330 Browns Ln R-1:8 13,392 2,487 625 3,112 0.19 1
14331 Browns Ln R-1:8 9,518 1,247 0 1,247 0.19 1
14340 Browns Ln R-1:8 6,459 748 440 1,188 0.12 1
14341 Browns Ln R-1:8 8,884 1,046 400 1,446 0.11 1
17265 Wedgewood Ave R-1:8 6,841 2,617 435 3,052 0.29 2
17275 Wedgewood Ave R-1:8 6,514 574 418 992 0.09 1
17311 Wedgewood Ave R-1:8 8,703 2,339 440 2,779 0.27 2
17323 Wedgewood Ave R-1:8 9,797 2,430 713 3,143 0.26 1
17291 Wedgewood Ave (E) R-1:8 14,065 720 0 720 0.05 1
17291 Wedgewood Ave (P) R-1:8 12,225 2,585 774 3,359 0.21 2
The properties in the immediate neighborhood are developed with one- and two-story
residences and include a mix of architectural styles. The property sizes within the
immediate neighborhood range from 6,459 square feet to 13,392 square feet. Based on
Town and County records, the square footage of the residences located in the immediate
neighborhood range from 574 square feet to 2,617 square feet. The applicant is proposing
a 2,585-square foot residence with an attached 774-square foot garage on a 12,225-square
foot parcel. The proposed project would be the second largest in terms of square footage
and fourth largest in terms of FAR.
D. Tree Impacts
The development plans were reviewed by the Town’s Consulting Arborist on September 9,
2021 (Exhibit 11). The Consulting Arborist inventoried eight protected trees within the
project area and made recommendations for their preservation. The applicant responded
to the recommendations of the Consulting Arborist by locating the proposed utilities
outside of the dirplines of the existing trees and adjusting the grading and driveway plans to
limit impacts to the existing trees. No trees are proposed for removal.
Tree protection measures would be implemented prior to construction and maintained
for the duration of construction activity. Arborist reco mmendations for tree protection
have been included in the Conditions of Approval to mitigate impacts to protected trees
(Exhibit 3).
E. Grading
The project includes site improvements with grading quantities exceeding 50 cubic yards,
which requires approval of a Grading Permit. The new driveway and site contouring would
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SUBJECT: 17291 Wedgewood Avenue
DATE: August 19, 2022
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DISCUSSION (continued):
require 52 cubic yards of fill. The Town’s Parks and Public Works Engineering staff have
included a condition of approval requiring submittal and evaluation of a Grading Permit in
parallel with the required Building Permits (Exhibit 3).
F. Neighbor Outreach
The owners have indicated that they contacted the surrounding neighbors to discuss the
proposed project. A summary of their outreach efforts is included as Exhibit 12.
G. Development Review Committee
On July 12, 2022, the DRC considered a request for construction of a new single-family
residence and site improvements requiring a Grading Permit on the subject property
(Exhibit 4). The applicant submitted a Project Description and Letter of Justification for the
project (Exhibits 8 and 9). The Committee received a summary of the project from staff, a
presentation of the project from the applicant, and public comments from neighbors
including the appellant (Exhibit 4). Staff provided clarification on a number of items raised
during public comment and the DRC made the required Findings and Considerations and
approved the request with modified Conditions of Approval (Exhibit 5).
H. Appeal to Planning Commission
The decision of the DRC was appealed by the property owner of 17323 Wedgewood
Avenue, Douglas Scott Maynard, on July 22, 2022 (Exhibit 6). The property owner’s detailed
response to the appeal is included as Exhibit 7.
Pursuant to Section 29.20.257 of the Town Code, the decision of the DRC may be appealed
to the Planning Commission by any interested party as defined by Section 29.10.020 within
10 days of the decision. For residential projects an interested person is defined as, “a
person or entity who owns property or resides within 1,000 feet of a property for which a
decision has been rendered and can demonstrate that their p roperty will be injured by the
decision.” The appellant meets these requirements.
Pursuant to Town Code Section 29.20.265, the appeal shall be set for the first regular
meeting of the Planning Commission in which the business of Planning Commission will
permit, more than five (5) days after the date of filing the appeal. The Planning Commission
may hear the matter anew and render a new decision and/or impose additional Conditions
of Approval in the matter.
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SUBJECT: 17291 Wedgewood Avenue
DATE: August 19, 2022
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DISCUSSION (continued):
The appellant states that the appeal should be granted to preserve their privacy, the
neighborhood character, and the peace and quiet of the neighborhood (Exhibit 6). The
appellant’s letter raises eight points in support of their appeal:
• The proposed residence impacts their privacy and the DRC’s approval did not
adequately address these concerns;
• The two-story residence is not compatible with the immediate neighborhood;
• The Brutalist design of the residence should not be permitted;
• It is the intent of property owner to create four rental units;
• The immediate neighborhood was not defined correctly;
• The proposed residence will increase freeway noise to the neighborhood;
• There are other options available to the property owner other than a two-story
residence; and
• There is a history of unpermitted work.
The property owner’s response to the appeal is included as Exhibit 7. Staff’s analysis of
each of these eight points is provided below .
The proposed residence impacts their privacy and the DRC’s approval did not adequately
address these concerns.
The appellant states that the proposed residence will have privacy impacts on their
backyard/swimming pool area and that the DRC’s approval with conditions does not
adequately address these concerns. Letters from the appellant and a neighboring property
owner expressing this concern were forwarded to the DRC ahead of the hearing on July 12,
2022. These letters are included in the appeal documents (Exhibit 6). The authors of the
letters spoke at the hearing during public testimony. Staff provided clarification on a
number of items raised during public testimony and the DRC made the required Findings
and Considerations to approve the request with two additional conditions addressing the
privacy concern (Exhibit 5). The Conditions of Approval, as reflected in Exhibit 3 require
that the second-floor bathroom window on the left (west) side elevation use obscured or
frosted glass and that mature trees be planted along the property line shared by the
applicant and the appellant.
The two-story residence is not compatible with the immediate neighborhood .
The appellant states that the neighborhood is a one-story neighborhood and that all the
residences in the entire neighborhood are one-story residences except those abutting
Highway 85 and others east of the subject property. As indicated by staff at the hearing on
July 12, 2022, there are no neighborhoods in the Town that are restricted to one-story
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SUBJECT: 17291 Wedgewood Avenue
DATE: August 19, 2022
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DISCUSSION (continued):
residences (Exhibit 4). During review of the application, staff evaluated the surrounding
and immediate neighborhoods to establish the locations of other two-story residences. The
Town’s Residential Design Guidelines recognizes the immediate neighborhood as those
properties where nearby homeowners are most likely to be confronted with the new house
or addition on a daily basis, and where other residents driving by are most likely to see the
new structure in the context of the nearby homes. As shown in Exhibit 13, the immediate
neighborhood includes two two-story residences located at 17265 and 17311 Wedgewood
Avenue. The proposed residence would not be the first two-story residence in the
immediate neighborhood. Four other two-story residences are located east of the
immediate neighborhood along Wedgewood Avenue. These two-story residences, along
with the proposed residence, would be confronted by the surrounding property owners on
a daily basis and the proposed residence would be seen in the context of these n earby two-
story residences.
The appellant also states that the applicant lied in their application and during the hearing
on July 12, 2022, by indicating that the residence located at 17311 Wedgewood Avenue,
immediately west of the subject property, is a two-story residence. While evaluating the
application, staff reviewed Town records for this property and found that a Notice of
Violation for illegal construction that occurred around 1998 was filed on March 12, 2000,
including:
• Conversion of existing attic space in the residence into habitable area (705 sf), addition
of stairs, and interior improvements; and
• Construction of a habitable loft area in the detached garage with a maximum building
height of 17 feet.
A new second-story addition on a residence requires Town approval of a discretionary
permit, called a Minor Residential Development application at the time that the work
occurred. Additionally, the Town Code limits accessory structures to a single story with a
maximum height of 15 feet. To remedy the violation, the owner of 17311 Wedgewood
Avenue applied for approval of a second-story addition on the residence on June 25, 1999.
Following issuance of public notice, which included the appellant, the request was approved
on August 16, 1999, with the condition that the detached garage be brought into
compliance by removing the habitable loft and lowering the roof so that the maximum
height of the garage does not exceed 15 feet. Building permits for the work on the
residence and garage were issued on February 5, 2002. The residence was finaled on
August 16, 2002, and the garage was finaled on November 17, 2003. The residence at
17311 Wedgewood Avenue meets the Town standards of a two-story residence.
Lastly, as detailed above, the proposed residence was reviewed by the Town’s Consulting
Architect on August 27, 2021 (Exhibit 10). The Consulting Architect remarked that the site is
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SUBJECT: 17291 Wedgewood Avenue
DATE: August 19, 2022
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DISCUSSION (continued):
located in an older neighborhood containing a mix of one and two-story residences and that
new residences are beginning to replace smaller, older residences. Further, the Consulting
Architect remarked that the project is modest in size, with an overall mass and articulation
sympathetic to the immediate neighborhood. The Consulting Architect identified several
issues with the project that were inconsistent with the Residential Design Guidelines and
provided recommendations for design changes to increase consistency with the Residential
Design Guidelines. In response, the applicant incorporated all recommendations into
therevised design of the residence.
The Brutalist design of the residence should not be permitted.
The appellant states that the ‘Brutalist’ design does not include second-story windows on
the right (east) elevation and only one bathroom window on the left (west) elevation,
resulting in the appearance of a prison cell block. The applicant indicated to staff that
second-story windows were not included on the side elevations to avoid privacy impacts to
neighboring properties. The applicant agreed to obscuring or frosting the glass of the
second-story bathroom window on the left (west) elevation to increase privacy. Further,
the proposed residence includes a pitched roof with projecting eaves, an articulated second
story, and traditional residential materials including a composition roof, cementitious board
lap siding, window trim, and exposed gable trusses at the garage and front entry.
As detailed above, the proposed residence was reviewed by the Town’s Consulting Architect
on August 27, 2021 (Exhibit 10). The Consulting Architect provided six recommendations
for design changes to increase consistency with the Residential Design Guidelines. The
applicant responded to the Consulting Architect’s issues and recommendations through
design revisions. Staff determined that the applicant adequately addressed all issues and
recommendations raised in the Consulting Architect’s report.
It is the intent of property owner to create four rental units.
The appellant states that it is the intent of the property owner to create four residential
units on the property through construction of the proposed residence, permitted
conversion of the existing residence into an ADU, and unpermitted conversion of the below-
grade area beneath the new residence and a portion of the garage into two additional living
units. The subject property is zoned R-1:8 (Single-family residential, 8,000 square-foot
minimum). The R-1 single-family residential zone allows for one single-family residence,
and the Town’s ADU Ordinance allows for an ADU and a Junior ADU. The sizes of the
residence and ADU/JADU are controlled by the nominal size limitations included in the
Town Code and summarized in the table on the following page.
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SUBJECT: 17291 Wedgewood Avenue
DATE: August 19, 2022
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DISCUSSION (continued):
Summary of Development
Maximum Allowed Existing Proposed
Residence 3,545 sf 720 sf 2,585 sf
Garage 978 sf 0 sf 774 sf
ADU/JADU 1,200 sf 0 sf 720 sf
Converted residence
The subject Architecture and Site application includes a proposal to construct a new single-
family residence. In the application materials, the applicant disclosed their intent to
convert the existing 720-square foot residence to an ADU. While not the subject of th is
Architecture and Site application, a condition was included in the DRC’s approval requiring
the existing residence be converted to an ADU (Exhibit 3). By converting the existing
residence into an ADU, the size of the existing residence would be attributed to the
property’s ADU allowance of 1,200 square feet. Therefore, the conversion of the existing
residence into an ADU does not impact the property’s nominal limit for a residence since
the floor area limitations for an ADU and a residence are mutually exclusive. Should the
property owner wish to introduce a JADU to the property in the future, this could be
achieved with approval of an ADU permit and a Building Permit, both ministerial actions not
subject to review by the Planning Commission or DRC.
Below-grade square footage is common with new residential projects in the Town. The
proposed below-grade area does not count toward the maximum allowed floor area for the
property. The Building Code requires light/air/egress light wells be provided for below-
grade areas and it is common that residential light wells include stairs in place of a ladder as
the means of emergency access to the surface. The Town Code does not limit the size of
light wells when they are located within the required building setbacks, as is the case with
the proposed residence. The proposed residence includes a 900 square feet of below-grade
square footage with a single light well on the north side of the residence measuring 16 -feet,
nine-inches, by seven-feet, eight-inches. The light well includes a staircase providing access
from the below-grade area to the surface above. The floor plan for the below-grade area
includes an approximately 565-sqaure foot open room with a sink and countertop, a full
bathroom, and two unlabeled rooms of approximately 54 and 27 square feet. No cooking
facilities are proposed. The floor plan of the below-grade area does not meet the
requirements of an ADU.
The maximum allowed garage size for the subject property is 978 square feet. The
applicant is proposing a 774-square foot garage. The minimum interior clear dimensions for
two parking spaces within a garage is 20 feet by 20 feet. It is common for a single-family
development proposal in the Town to include garages with sizes exceeding the minimum
required parking area, which allows for other garage uses such as storage. Inclusion of a
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SUBJECT: 17291 Wedgewood Avenue
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DISCUSSION (continued):
utility sink within a garage is also common. The floor plan of the garage does not meet the
requirements of an ADU.
Any future work requiring a permit and/or the creation of a living unit completed without
first obtaining the necessary entitlements and permits is subject to the Town’s Code
Compliance process.
The immediate neighborhood was not defined correctly.
The appellant states that their property (17323 Wedgewood Avenue) and their son’s
property (14344 La Rinconada Drive) are located within the immediate neighborhood. The
Town’s Residential Design Guidelines recognizes the immediate neighborhood as those
properties where nearby homeowners are most likely to be confronted with the new house
or addition on a daily basis, and where other residents driving by are most likely to see the
new structure in the context of the nearby homes. The following diagram from the
Residential Design Guidelines shows two interpretations of the immediate neighborhood in
a standard subdivision.
Immediate Neighborhood Definition
Source: Residential Design Guidelines, Section 1.6
The subject property is located in an older neighborhood with an irregular subdivision
pattern with a golf course on the southern edge. In determining the immediate
neighborhood for the subject property, staff endeavored to include those properties that
would be confronted on a daily basis by surrounding residents. With no residential
properties located across Wedgewood Avenue, the immediate neighborhood was limited to
properties on the north side of Wedgewood Avenue. The subject property is located on the
corner of Wedgewood Avenue and Browns Lane. The immediate neighborhood includes
the appellant’s property, but not their son’s property. Exhibit 13 includes the surrounding
and immediate neighborhoods.
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SUBJECT: 17291 Wedgewood Avenue
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DISCUSSION (continued):
The proposed residence will increase freeway noise to the neighborhood.
The appellant states that the addition of a two -story residence will increase the freeway
noise for all residents north of the subject property. The appellant requests that, if a two -
story residence is considered, the applicant should be required to pay f or a neutral scientific
study of the impact of freeway noise bouncing off the back of the proposed residence. The
Town does not require noise impact studies for single-family residential projects. The
Planning Commission may hear the matter anew and rend er a new decision or include
additional conditions if merit is found in the appeal.
There are other options available to the property owner other than a two -story residence.
The appellant states that the applicant has other options other than the proposed two-story
residence. The properties in the immediate neighborhood are developed with one - and
two-story residences and include a mix of architectural styles. The net lot area of the
subject property after the required street dedication is 12,225 square feet. The lot is
currently developed with a 720-square foot, single-story residence. The applicant proposes
to construct a new two-story residence and convert the existing residence to an ADU.
While there is myriad of other options available to the applicant, this is the proposal under
review of this application. Staff, including Planning, Building, Engineering, Fire, Consulting
Architect, and Consulting Arborist, have reviewed the application and deemed it complete.
The proposed project was approved by the DRC on July 12, 2022. The Planning Commission
may hear the matter anew and render a new decision or include additional conditions if
merit is found in the appeal.
There is a history of unpermitted work.
Upon receipt of the appellant’s letter dated July 5, 2022, in which the appellant states that
the property owner had completed work on their property without the benefit of permits,
Planning staff, the Town Arborist, and the Code Compliance Officer conducted a site visit at
the subject property. Staff determined that interior improvements to the kitchen and the
enclosing of a patio were completed without permits. The Town Arborist determined that
the tree pruning that had occurred did not require a permit. As reflected in Exhibit 3, the
DRC’s approval included a condition that all permits required for any work found to be
completed without the benefit of permits be obtained and any fees and penalties be paid
prior to issuance of a Building or Grading permit for the project.
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SUBJECT: 17291 Wedgewood Avenue
DATE: August 19, 2022
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PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. At the time of this report’s preparation, the Town has not received any public
comment.
ENVIRONMENTAL REVIEW:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303: New Construction.
CONCLUSION:
A. Summary
The property owner of 17323 Wedgewood Avenue is appealing the DRC approval of the
application and requests that the appeal be granted in order to preserve their privacy, the
neighborhood character, and the peace and quiet of the neighborhood (Exhibit 6). The
property owner’s response to the appeal is included as Exhibit 7.
B. Recommendation
Based on the analysis provided in this report, staff recommends that the Planning
Commission deny the appeal and uphold the DRC approval of the Architecture and Site
application by making the required Findings and Considerations included in Exhibit 2 and
subject to the recommended Conditions of Approval in Exhibit 3.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Grant the appeal and deny the application; or
3. Approve the application with additional and/or modified conditions.
PAGE 15 OF 16
SUBJECT: 17291 Wedgewood Avenue
DATE: August 19, 2022
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EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Development Review Committee Meeting Minutes for July 12, 2022
5. Development Review Committee Action Letter, July 12, 2022
6. Appeal of the Historic Preservation Committee, received July 22, 2022
7. Property owner’s response to the appeal, received August 4, 2022
8. Project Description
9. Letter of Justification
10. Consulting Architect Report
11. Consulting Arborist Report
12. Neighbor outreach
13. Neighborhood Exhibit
14. Development Plans
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BROWNS LNLA RINCONADA DRMULBERRY DR17291 Wedgewood Avenue
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Update Notes:- Updated 12/20/17 to link to tlg-sql12 server data (sm)- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label- Updated 10/8/20 to add street centerlines which can be useful in the hillside area- Updated 02-19-21 to link to TLG-SQL17 database (sm)
EXHIBIT 1
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PLANNING COMMISSION – August 24, 2022
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
17291 Wedgewood Avenue
Architecture and Site Application S-21-027
Requesting Approval for Construction of a New Single-Family Residence and Site
Improvements Requiring a Grading Permit on Property Zoned R-1:8.
APN 409-14-013.
PROPERTY OWNER: Young Kim
APPLICANT: Edick Lazari
PROJECT PLANNER: Sean Mullin
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 and 15303, New Construction.
Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code
(Zoning Regulations).
Required compliance with the Residential Design Guidelines:
■ The project is in compliance with the Residential Design Guidelines for single-
family residences not in hillside areas. The project was reviewed by the Town’s
Consulting Architect who noted that the project is modest in size, with an overall
mass and articulation sympathetic to the immediate neighborhood. The Town’s
Consulting Architect made recommendations to improve the consistency of the
project with the Residential Design Guidelines to which the applicant responded.
CONSIDERATIONS
Required considerations in review of Architecture and 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.
EXHIBIT 2
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PLANNING COMMISSION – August 24, 2022
CONDITIONS OF APPROVAL
17291 Wedgewood Avenue
Architecture and Site Application S-21-027
Requesting Approval for Construction of a New Single-Family Residence and Site
Improvements Requiring a Grading Permit on Property Zoned R-1:8.
APN 409-14-013.
PROPERTY OWNER: Young Kim
APPLICANT: Edick Lazari
PROJECT PLANNER: Sean Mullin
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 and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission depending on the
scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
4. ACCESSORY DWELLING UNIT PERMIT: An approved accessory dwelling unit (ADU) permit
shall be obtained to reclassify the existing residence as an ADU prior to issuance of Building
and/or Grading Permits.
5. 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.
6. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
7. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
8. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report for the project, on file in the
Community Development Department. These recommendations must be incorporated in
the building permit plans and completed prior to issuance of a building permit where
applicable.
EXHIBIT 3
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9. TREE FENCING: Protective tree fencing and other protection measures 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. Include a tree protection plan with the
construction plans.
10. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
11. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
12. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town
of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape
Ordinance, whichever is more restrictive. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans are
submitted for review.
13. UNPERMITTED WORK: Prior to issuance of a Building or Grading Permit, the property
owner or authorized agent shall obtain all permits required for any work found to be
completed without the benefit of permits and shall pall all associated fees and penalties.
14. BATHROOM WINDOWS: The second-floor bathroom window on the left (west) side
elevations shall be use obscured or frosted glass.
15. PRIVACY SCREEN: Provide mature tree planting for privacy screening along the shared
property line with 14344 La Rinconada Drive.
16. 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 cond ition 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.
17. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
18. PERMITS REQUIRED: A Building Permit is required for the construction of the new single -
family residence and attached garage. An additional Building Permit will be required for
the PV System if the system is required by the California Energy Code.
19. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos
as of January 1, 2020, are the 2019 California Building Standards Code, California Code of
Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.
20. 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.
21. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
22. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
23. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted with
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the Building Permit Application. This report shall be prepared by a licensed Civil Engineer
specializing in soils mechanics.
24. SHORING: Shoring plans and calculations will be required for all excavations which exceed
five (5) feet in depth or which remove lateral support from any existing building, adjacent
property, or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall confirm to the Cal/OSHA regulations.
25. FOUNDATION INSPECTIONS: A pad certificate prepare d by a licensed civil engineer or land
surveyor shall be submitted to the project Building Inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the Soils
Report, and that the building pad elevations and on-site retaining wall locations and
elevations have been prepared according to the approved plans. Horizontal and vertical
controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the
following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
26. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet.
27. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed
with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom wal ls, at water
closets, showers, and bathtubs, located 34 inches from the floor to the center of the
backing, suitable for the installation of grab bars if needed in the future.
b. All passage doors shall be at least 32-inch wide doors on the accessible floor level.
c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level landing,
no more than 1 inch out of plane with the immediate interior floor level and with an
18-inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
28. 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.
29. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
30. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
Architect or Engineer of Record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the Building Permit. The
Town Special Inspection form must be completely filled-out and signed by all requested
parties prior to permit issuance. Special Inspection forms are available from the Building
Division Service Counter or online at www.losgatosca.gov/building.
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31. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program Sheet (page size same as submitted drawings) sh all be
part of the plan submittal as the second page. The specification sheet is available at the
Building Division Service Counter for a fee of $2 or at ARC Blueprint for a fee or online at
www.losgatosca.gov/building.
32. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874
b. Engineering/Parks & Public Works Department: (408) 399-5771
c. Santa Clara County Fire Department: (408) 378-4010
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
33. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept
clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of
the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless an
encroachment permit is issued by the Engineering Division of the Parks and Public Works
Department. The Owner and/or Applicant's representative in charge shall be at the job
site during all working hours. Failure to maintain the public right-of-way according to this
condition may result in the issuance of correction notices, citations, or stop work orders
and the Town performing the required maintenance at the Owner and/or A pplicant's
expense.
34. APPROVAL: This application shall be completed in accordance with all the conditions of
approval listed below and in substantial compliance with the latest reviewed and approved
development plans. Any changes or modifications to the app roved plans or conditions of
approvals shall be approved by the Town Engineer.
35. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1
(Construction Plan Requirements) of the Town’s Engineering Design Standards, which are
available for download from the Town’s website.
36. ENCROACHMENT PERMIT: All work in the public right -of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security. It is the
responsibility of the Owner/Applicant to obtain any necessary encroachment permits from
affected agencies and private parties, including but not limited to, Pacific Gas and Electric
(PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of
Transportation (Caltrans). Copies of any approvals or permits must be submitted to the
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Town Engineering Division of the Parks and Public Works Department prior to releasing any
permit.
37. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner and/or Applicant or their
representative shall repair or replace all existing improvements not designated for removal
that are damaged or removed because of the Owner and/or Applicant or their
representative's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc., shall be repaired and replaced to a condition equal to or better
than the original condition. Any new concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor’s sole expense and no additional compensation shall be
allowed therefore. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector and shall comply with all Title 24
Disabled Access provisions. The restoration of all improvements identified by the
Engineering Construction Inspector shall be completed before the issuance of a certificate
of occupancy. The Owner and/or Applicant or their representative shall request a walk -
through with the Engineering Construction Inspector before the start of construction to
verify existing conditions.
38. STREET CLOSURE: Any proposed blockage or partial closure of the street requires an
encroachment permit. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may be required.
39. DRIVEWAY: The driveway conform to existing pavement on Wedgewood Avenue shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
40. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Owner
and/or Applicant. Plans for those improvements shall be prepared by a California
registered civil engineer, reviewed and approved by the Town, before the issuance of any
grading or building permits. The improvements must be completed and accepted b y the
Town before a Certificate of Occupancy for any new building can be issued.
a. Wedgewood Avenue: signing, striping, and sanitary sewers, as required.
b. Wedgewood Avenue: 2” overlay from the centerline to the northern edge of
pavement, or alternative pavement restoration measure as approved by the Town
Engineer.
41. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
42. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited
with the Engineering Division of the Parks and Public Works Department prior to the
commencement of plan check review.
43. GRADING PERMIT FEES: All fees associated with the grading permit shall be deposited with
the Engineering Division of the Parks and Public Works Department prior to the issuance of
a grading permit.
44. GRADING PERMIT: A grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gato s
(Grading Ordinance). After the preceding Architecture and Site Application has been
approved by the respective deciding body, the grading permit application (with grading
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plans and associated required materials and plan check fees) shall be made to the
Engineering Division of the Parks and Public Works Department located at 41 Miles
Avenue. The grading plans shall include final grading, drainage, retaining wall location(s),
driveway, utilities and interim erosion control. Grading plans shall list earth work quantities
and a table of existing and proposed impervious areas. Unless specifically allowed by the
Director of Parks and Public Works, the grading permit will be issued concurrently with the
building permit. The grading permit is for work outside the building footprint(s). Prior to
Engineering signing off and closing out on the issued grading permit, the
Owner/Applicant’s soils engineer shall verify, with a stamped and signed letter, that the
grading activities were completed per plans and per the requirements as noted in the soils
report. A separate building permit, issued by the Building Department, located at 110 E.
Main Street, is needed for grading within the building footprint.
45. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to the commencement of any and all altered work. The Owner
and/or Applicant’s project engineer shall notify, in writing, the Town Engineer at least
seventy-two (72) hours in advance of all the proposed changes. Any approved changes
shall be incorporated into the final “as-built” plans.
46. PLANS AND STUDIES: Any studies imposed by the Planning Commission or Town Council
shall be funded by the Owner and/or Applicant.
47. DRAINAGE IMPROVEMENT: Prior to the issuance of an y grading/improvement permits,
whichever comes first, the Owner and/or Applicant shall: a) design provisions for surface
drainage; and b) design all necessary storm drain facilities extending to a satisfactory point
of disposal for the proper control and disposal of storm runoff; and c) provide a recorded
copy of any required easements to the Town.
48. PRECONSTRUCTION MEETING: Prior to the commencement of any site work, the general
contractor shall:
a. Along with the Owner and/or Applicant, attend a pre -construction meeting with the
Town Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval and will make certain that all project sub-contractors have read and
understand them as well prior to commencing any work, and that a copy of the project
conditions of approval will be posted on-site at all times during construction.
49. DEDICATIONS: The following shall be dedicated by separate instrument. The dedication
shall be recorded before any grading or building permits are issued:
a. Wedgewood Avenue: Thirty (30) feet of property frontage immediately adjacent to the
current Wedgewood Avenue right-of-way (which currently extends to the centerline)
shall be dedicated in fee.
50. SOILS REPORT: One electronic copy (PDF) of the soils and geologic report shall be
submitted with the application. The soils report shall include specific criteria and
standards governing site grading, drainage, pavement design, retaining wall design, and
erosion control. The reports shall be signed and "wet stamped" by the engineer or
geologist, in conformance with Section 6735 of the California Business and Professions
Code.
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51. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and
grading shall be inspected by the Owner and/or Applicant’s soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design-level geotechnical report and recommend appropriate changes in
the recommendations contained in the report, if necessary. The results of the construction
observation and testing shall be documented in an “as-built” letter/report prepared by the
Owner and/or Applicant’s soils engineer and submitted to the Town before a certificate of
occupancy is granted.
52. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project’s design-level geotechnical/geological
investigation as prepared by the Owner and/or Applicant’s engineer(s), and any
subsequently required report or addendum. Subsequent reports or addendum are subject
to peer review by the Town’s consultant and costs shall be borne by the Owner and/or
Applicant.
53. WATER METER: The existing water meter, currently located within the Wedgewood
Avenue right-of-way, shall be relocated within the property in question, directly behind the
public right-of-way line after the dedication required as part of this appli cation. The Owner
and/or Applicant shall repair and replace to existing Town standards any portion of
concrete flatwork within said right-of-way that is damaged during this activity prior to
issuance of a certificate of occupancy.
54. SANITARY SEWER CLEANOUT: The existing sanitary sewer cleanout, currently located
within the Wedgewood Avenue right-of-way, shall be relocated within the property in
question, within one (1) foot of the property line per West Valley Sanitation District
Standard Drawing 3, or at a location specified by the Town. The Owner and/or Applicant
shall repair and replace to existing Town standards any portion of concrete flatwork within
said right-of-way that is damaged during this activity prior to issuance of a certificate of
occupancy.
55. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works
Department will not sign off on a Temporary Certificate of Occupancy or a Final Certificate
of Occupancy until all required improvements within the Town’s right-of-way have been
completed and approved by the Town.
56. FRONTAGE IMPROVEMENTS: The Owner and/or Applicant shall be required to improve the
project’s public frontage (right-of-way line to centerline and/or to limits per the direction
of the Town Engineer) to current Town St andards. These improvements may include but
not limited to curb, gutter, sidewalk, driveway approach(es), curb ramp(s), signs,
pavement, raised pavement markers, thermoplastic pavement markings, storm drain
facilities, traffic signal(s), street lighting (upgrade and/or repaint) etc. The improvements
must be completed and accepted by the Town before a Certificate of Occupancy for any
new building can be issued.
57. UTILITIES: The Owner and/or Applicant shall install all new, relocated, or temporarily
removed utility services, including telephone, electric power and all other communications
lines underground, as required by Town Code Section 27.50.015(b). All new utility services
shall be placed underground. Underground conduit shall be provided for cable tele vision
service. The Owner and/or Applicant is required to obtain approval of all proposed utility
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alignments from any and all utility service providers before a Certificate of Occupancy for
any new building can be issued. The Town of Los Gatos does not approve or imply
approval for final alignment or design of these facilities.
58. SIDEWALK/CURB IN-LIEU FEE: A curb and sidewalk in-lieu fee of $12,880.00 shall be paid
prior to issuance of a grading or building permit. This fee is based on 92 linear feet of cu rb
at $68.00 per linear foot and 414 square feet of 4.5 -foot wide sidewalk at $16.00 per
square foot in accordance with Town policy and the Town’s Comprehensive Fee Schedule.
The final curb and sidewalk in-lieu fee for this project shall be calculated using the current
fee schedule and rate schedule in effect at the time the fee is paid.
59. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of any building/grading permit(s),
the Owner/Applicant shall pay the project's proportional share of transportation
improvements needed to serve cumulative development within the Town of Los Gatos.
The fee shall be paid before issuance of any grading or building permit. The final traffic
impact mitigation fee for this project shall be calculated from the final plans using the
current fee schedule and rate schedule in effect at the time, using a comparison between
the existing and proposed uses.
60. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right-of-
way will only be allowed if it does not cause access or safety problems as determined by
the Town.
61. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes,
traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for
review and approval by the Town Engineer prior to the issuance of an encroachment,
grading or building permit.
62. 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. a nd 6:00
p.m.), and at other times as specified by the Director of Parks and Public Works. Cover all
trucks hauling soil, sand and other loose debris.
63. CONSTRUCTION HOURS: All construction activities, including the delivery of construction
materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m.
to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays, holidays excluded. The Town
may authorize, on a case-by-case basis, alternate construction hours. The Owner and/or
Applicant shall provide written notice twenty-four (24) hours in advance of modified
construction hours. Approval of this request is at discretion of the Town.
64. 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 from the source. If the device is located within a
structure on the property, the measurement shall be made at distances as close to twenty -
five (25) feet from the device as possible. The noise level at any point outside of the
property plane shall not exceed eighty-five (85) dBA.
65. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or
building permits, the Owner and/or Applicant’s design consultant shall submit a
construction management plan sheet (full-size) within the plan set that shall incorporate at
a minimum the Earth Movement Plan, Project Schedule, employee parking, construction
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staging area, materials storage area(s), concrete washout(s) and proposed outhouse
location(s). Please refer to the Town’s Construction Management Plan Guidelines
document for additional information.
66. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood
level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system serving
such drainage piping shall be protected from backflow of sewage by installing an approved
type backwater valve. Fixtures above such elevation shall not discharge through the
backwater valve, unless first approved by the Building Official. The Town shall not incur
any liability or responsibility for damage resulting from a sewer overflow where the
property owner or other person has failed to install a backwater valve as defined in the
Uniform Plumbing Code adopted by the Town and maintain such device in a functional
operation condition. Evidence of West Sanitation District’s decision on whether a
backwater device is needed shall be provided prior to the issuance of a building permit.
67. BEST MANAGEMENT PRACTICES (BMPs): The Owner and/or Applicant is responsible for
ensuring that all contractors are aware of all storm water quality measures and that such
measures are implemented. Best Management Practices (BMPs) shall be maintained and
be placed for all areas that have been graded or disturbed and for all material, equipment
and/or operations that need protection. Removal of BMPs (temporary removal during
construction activities) shall be replaced at the end of each working day. Failure to comply
with the construction BMP will result in the issuance of correction notices, citations, or
stop work orders.
68. SITE DESIGN MEASURES: All projects shall incorporate at least one of 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 porous or pervious pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
69. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks and Public Works Department. A
maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building
on an area if grading is allowed during the rainy season. Interim erosion control measures,
to be carried out during construction and before installation of the final landscaping, shall
be included. Interim erosion control method shall include, but are not limited to: silt
fences, fiber rolls (with locations and details), erosion control blankets, Town standard
seeding specification, filter berms, check dams, retention basins, etc. Provide erosion
control measures as needed to protect downstream water quality during winter months.
The Town of Los Gatos Engineering Division of the Parks and Public Works Department and
the Building Department will conduct periodic NPDES inspections of the site throughout
the recognized storm season to verify compliance with the Construction General Permit
and Stormwater ordinances and regulations.
70. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
S:\PLANNING COMMISSION REPORTS\2022\08-24-2022\Item 2 - 17291 Wedgewood Avenue\Exhibit 3 - Draft Conditions of Approval.docx
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present
and in use at the construction site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town, or a minimum of three (3) times daily,
or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging
areas at construction sites in order to insure proper control of blowing dust for the
duration of the project. Watering on public streets shall not occur. Streets shall be cleaned
by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at
least once a day. Watering associated with on -site construction activity shall take place
between the hours of 8 a.m. and 5 p.m. and shall include at least one (1) late -afternoon
watering to minimize the effects of blowing dust. All public streets soiled or littered due to
this construction activity shall be cleaned and swept on a daily basis during the workweek
to the satisfaction of the Town. Demolition or earthwork activities shall be halted when
wind speeds (instantaneous gusts) exceed twenty (20) miles per hour (MPH). All trucks
hauling soil, sand, or other loose debris shall be covered.
71. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant
emissions, the following the Bay Area Air Quality Management District (BAAQMD)-
recommended basic construction measures shall be included in the project’s grading plan,
building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day, or otherwise kept dust -free.
b. All haul trucks designated for removal of excavated soil and demolition debris from site
shall be staged off-site until materials are ready for immediate loading and removal
from site.
c. All haul trucks transporting soil, sand, debris, or other loose material off -site shall be
covered.
d. As practicable, all haul trucks and other large construction equipment shall be stage d in
areas away from the adjacent residential homes.
e. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day, or as deemed appropriate by
Town Engineer. The use of dry power sweeping is prohibited. An on-site track-out
control device is also recommended to minimize mud and dirt -track-out onto adjacent
public roads.
f. All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour.
g. All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
h. Post a publicly visible sign with the telephone number and person to contact at the
lead agency regarding dust complaints. This person shall respond and take corrective
action within forty-eight (48) hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations. Please provide the
BAAQMD’s complaint number on the sign: 24-hour toll-free hotline at 1-800-334-ODOR
(6367).
i. All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed twenty (20) miles per hour.
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j. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in
disturbed areas as soon as possible and watered appropriately until vegetation is
established.
72. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any
grading or building permits, all pertinent details of any and all proposed stormwater
management facilities, including, but not limited to, ditches, swales, pipes, bubble -ups, dry
wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be
provided on submitted plans, reviewed by the Engineering Division of the Parks and Public
Works Department, and approved for implementation.
73. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction Activities
and New Development and Redevelopment, the Town's grading and erosion control
ordinance, and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
74. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. On-site drainage systems for all projects shall include one of the
alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These
include storm water reuse via cisterns or rain barrels, directing runoff from impervious
surfaces to vegetated areas and use of permeable surfaces. No improvements shall
obstruct or divert runoff to the detriment of an adjacent, downstream or down slope
property.
75. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and
homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on
a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town’s storm drains.
76. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The Owner and/or
Applicant's representative in charge shall be at the job site during all working hours.
Failure to maintain the public right-of-way according to this condition may result in
penalties and/or the Town performing the required maintenance at the Owner and/or
Applicant's expense.
77. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
78. GENERAL: Review of this Developmental proposal is limited to acceptability of site access,
water supply and may include specific additional requirements as they pertain to fire
department operations, and shall not be construed as a substitute for formal plan review
to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
79. FIRE SPRINKLERS REQUIRED: (As Noted on A1.0) An automatic residential fire sprinkler
system shall be installed in all new one- and two-family dwellings. Sprinklers are required
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for the new residence only unless additions are made to the existing residence being
converted to an Accessory Dwelling Unit (ADU).
80. REQUIRED FIRE FLOW: The fire flow for this project is 2,000 GPM at 20 psi residual
pressure. Since an automatic fire sprinkler system will be installed, the fire flow will be
reduced by 50%, establishing a required adjusted fire flow of 1,000 GPM at 20 psi residual
pressure. Note: The minimum required number and spacing of the hydrants shall be in
accordance with CFC Table C102.1. Letter received. Hydrant is capable of meeting required
fire flow.
81. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall
be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7
mm). Where access is by means of a private road and the building cannot be viewed from
the public way, a monument, pole or other sign or means shall be used to identify t he
structure. Address numbers shall be maintained. CFC Sec. 505.1.
82. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC
Chp. 33.
83. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of
the potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
84. GENERAL: This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A
permit presuming to give authority to violate or cancel the provisions of the fire cod e or
other such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
DEVELOPMENT REVIEW
COMMITTEE REPORT
MINUTES OF THE DEVELOPMENT REVIEW COMMITTEE MEETING
JULY 12, 2022
The Development Review Committee of the Town of Los Gatos conducted a Regular
Teleconference Meeting on July 12, 2022, at 10:00 a.m.
This meeting was conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic and was conducted via Zoom. All committee members and staff participated from
remote locations and all voting was conducted via roll call vote. In accordance with Executive
Order N-29-20, the public could only view the meeting online and not in the Council
Chambers.
ROLL CALL
Present: Joel Paulson, CDD Planning; Robert Gray, CDD Building; Corvell Sparks,
PPW Engineering; Kenny Ip, SCCFD; and Janice Chin, PPW Engineering.
Absent: None.
Staff: Erin Walters, CDD Planning; Jocelyn Shoopman, CDD Planning; and Sean Mullin, CDD
Planning.
MEETING CALLED TO ORDER AT 10:00 AM
VERBAL COMMUNICATIONS
-None.
CONSENT ITEMS
1.Approval of Minutes – July 5, 2022
MOTION: Motion by Robert Gray to approve the consent calendar. Seconded by
Kenny Ip.
VOTE: Motion passed unanimously 4-0.
EXHIBIT 4
PAGE 2 OF 5 DEVELOPMENT REVIEW COMMITTEE MINUTES OF JULY 12, 2022
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PUBLIC HEARINGS
2. 17291 Wedgewood Avenue
Architecture and Site Application S-21-027
Requesting Approval for Construction of a New Single-Family Residence and Site
Improvements Requiring a Grading Permit on Property Zoned R-1:8. APN 409-14-013.
PROPERTY OWNER: Young Kim
APPLICANT: Edick Lazari
PROJECT PLANNER: Sean Mullin
The project planner presented the staff report.
Opened Public Comment.
Edick Lazari, Designer
He has worked with Mr. Kim for 15 years. Mr. Kim is a contractor. This project is like
other projects they have done in Palo Alto and Saratoga. He is familiar with the guidelines and
the importance of privacy.
The main item was deciding between a one or two-story structure. There are other two-story
houses nearby. The neighborhood is mixed. Another item is that the 14,000-square foot lot
looks large, but its useful area is limited. There is a 45 ft front setback, a second unit at the
back, trees, and the street. 54 percent of the lot is taken up. There is only 2,100 square feet
max available for a one-story house.
To maintain neighborhood privacy, there are no windows on the right side. There are only two
or three windows on left side. There are windows at the back for bedroom egress. To be
consistent with the neighborhood, they will use matching materials such as, siding and
composition shingles. They lowered the size to midsize. In addition to the Town arborist, they
hired an arborist for access. The window glass can be tinted. They can add screening trees in
back for privacy.
Douglas Maynard, Neighbor
The description of mixed one- and two-story neighborhood is not true. The neighbor
next door is a one-story house. They did unpermitted work and sheet the attic. They added a
second-story on the garage, but were made to take it down by the Town. The only two-story
homes are next to the freeway. This house overlooks our backyard which has a pool and
garden. The proposed home is ugly with no windows on the right hand side. The house has a
big basement of 955 square feet. This is a one story neighborhood. The ADU in the back also
has a basement. I ask that it be made as a one-story house.
Will Maynard, Neighbor
He is Douglas Maynard’s son. He wants to keep the privacy that they have had for 30
years. Screening trees were not a complete solution. There is plenty of room for a one-story
home with a basement.
PAGE 3 OF 5 DEVELOPMENT REVIEW COMMITTEE MINUTES OF JULY 12, 2022
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Young Kim, Owner
He served honorably in the US army for three years. He has lived in bay area since 1977
and raised their kids here. In November 2020, he and his wife bought this house. The home
was very outdated, and the yard had not been maintained for many years. They currently live
in the ADU. His wife, a florist, works daily on the garden. They thoughtfully designed the house
to minimize impact on their neighbors. The neighbors were shown the site plan, floor plan, and
elevations. Most of the neighbors are supportive and happy to see the property improved. He
and his wife hope to grow old in this home.
Edick Lazari, Designer
The term, mixed use, was used in an architectural consultant firm report. It described
the neighborhood context as “the site is located in an older neighborhood containing a mix of
one- and two-story homes”. The neighboring house to the left, has a second story in the back.
This statement is completely true based on what they see. Whether the second story is legal,
or illegal, is not his job.
Closed Public Comment.
Staff,
The Town does not contain any single story neighborhoods where houses are limited to
a single story. The Town looks at neighborhood compatibility. A detached accessory structure
has restrictions and can only be one story unless it is an ADU. Regarding the property to the
left, this is in fact a two-story residence as the Town sees it. An attic conversion was approved
by the Town in 1999 and permitted. It added a 200 sf. Family room. An illegal loft area in the
garage was removed. Regarding the claim of unpermitted work on the subject property, the
Project Planner, Code Compliance Officer, and Arborist visited the site. Some of the work at the
existing residence/future ADU will need permitting. The owner is amenable to retroactively
permitting this work. Staff has added a Condition of Approval requiring that the unpermitted
work be permitted prior to the issuance of a Building Permit for the proposed residence. The
Town Arborist confirms that the tree pruning done did not require permitting. How far is the
proposed home from the closest corner of where the Maynard property begins? It is
approximately 41 feet away.
MOTION: Motion by Robert Gray to approve with required findings and
recommended conditions of approval. Seconded by Corvell Sparks.
Additional Conditions:
• Obscure the window glass in the bathroom on the west elevation.
• Plant fast growing screening trees on the property line between
the Kim and Maynard properties.
VOTE: Motion passed unanimously 4-0.
Appeal rights were recited.
PAGE 4 OF 5 DEVELOPMENT REVIEW COMMITTEE MINUTES OF JULY 12, 2022
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3. 68 Fairview Plaza
Architecture and Site Application S-22-007
Requesting Approval for Construction of an Addition to a Single-Family Residence to
Exceed the Floor Area Ratio (FAR) on Property Zoned R-1:8. APN 510-43-009.
PROPERTY OWNER: Jan and Irena Blom
APPLICANT: Jay Plett
PROJECT PLANNER: Jocelyn Shoopman
The project planner presented the staff report.
Opened Public Comment.
Thomas Krulevitch, Architect
The project is a 200-square foot addition to expand a family room and create a study
nook. The owners are a growing family with three kids. The allowed FAR is .35. They are
proposing .389. It is a non-conforming lot. It is the smallest lot in the neighborhood. There are
five neighbors with larger homes. One neighbor has a larger FAR. The addition is not visible
from the street. The property slopes down from the street. The addition will be tucked under
the upper floor and into a covered patio. The project is viewable to one neighbor who was
shown the plans and is supportive of the project.
Closed Public Comment.
MOTION: Motion by Corvell Sparks to approve with required findings and
recommended conditions of approval. Seconded by Kenny Ip.
VOTE: Motion passed unanimously 4-0.
Appeal rights were recited.
4. 205 Mistletoe Road
Architecture and Site Application S-22-006
Requesting Approval for Construction of a Second Story Addition to an Existing Single-
Family Residence on Property Zoned R-1:10. APN 407-15-016.
PROPERTY OWNER: Ya Tang and Li (Leo) Li
APPLICANT: LELdesign
PROJECT PLANNER: Erin Walters
The project planner presented the staff report.
PAGE 5 OF 5 DEVELOPMENT REVIEW COMMITTEE MINUTES OF JULY 12, 2022
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Opened Public Comment.
Leo Li, Owner/Architect
They are proposing a new 524-square foot one-story addition, and a 119-square foot
second-story addition. All additions are within existing home boundaries. The home is
surrounded by one- and two-story homes on higher land. The subject lot is located at a lower
elevation than the adjacent properties. Five homes located in the immediate neighborhood are
two-story homes and four are one-story homes. The design follows the consulting architect’s
suggestions in keeping the Ranch style but with a taller ceiling height. The proposed FAR is 0.24
which is in the midrange even though the lot is large. This will be the dream home for the
owner, his wife, and son.
Closed Public Comment.
Committee members discussed the matter.
MOTION: Motion by Kenny Ip to approve with required findings and recommended
conditions of approval. Seconded by Robert Gray.
VOTE: Motion passed unanimously 4-0.
Appeal rights were recited.
OTHER BUSINESS
- None.
ADJOURNMENT
The meeting adjourned 10:47 a.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
July 12, 2022 meeting as approved by the
Development Review Committee.
Prepared by:
________________________________________
/s/ Joel Paulson, CDD Director
This Page
Intentionally
Left Blank
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TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
July 12, 2022
Edick Lazari
6154 Royal Acorn Place
San Jose, CA 95120
Via Email
RE: 17291 Wedgewood Avenue
Architecture and Site Application S-21-027
Requesting Approval for Construction of a New Single-Family Residence and Site Improvements
Requiring a Grading Permit on Property Zoned R-1:8. APN 409-14-013.
PROPERTY OWNER: Young Kim
APPLICANT: Edick Lazari
At its meeting of July 12, 2022, the Town of Los Gatos Development Review Committee approved the
above referenced application subject to the enclosed amended draft conditions.
PLEASE NOTE: Pursuant to Section 29.20.257 of the Town Code, this approval may be appealed to the
Planning Commission within 10 days of the date the approval is granted. Therefore, this decision should
not be considered final and no permits by the Town will be issued until the appeal period has passed.
All approvals will expire two years from the date of approval (July 12, 2024), unless the approval has been
vested. Section 29.20.335 of the Town Code defines what constitutes vesting an approval. Reasonable
extensions of the time not exceeding one year may be granted upon application to and approval by the
Development Review Committee. Extensions can be granted only if approved by the Committee prior to
the expiration of the approval. Therefore, it is recommended that applications for a time extension be
filed with the Community Development Department at least 60 days prior to the expiration of the
approval.
If you have any questions, please contact Sean Mullin at SMullin@losgatosca.gov.
Sincerely,
Sean Mullin, AICP
Senior Planner
cc: Young Kim, via email
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
EXHIBIT 5
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DEVELOPMENT REVIEW COMMITTEE – July 12, 2022
CONDITIONS OF APPROVAL
17291 Wedgewood Avenue
Architecture and Site Application S-21-027
Requesting Approval for Construction of a New Single-Family Residence and Site
Improvements Requiring a Grading Permit on Property Zoned R-1:8.
APN 409-14-013.
PROPERTY OWNER: Young Kim
APPLICANT: Edick Lazari
PROJECT PLANNER: Sean Mullin
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 and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission depending on the
scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
4. ACCESSORY DWELLING UNIT PERMIT: An approved accessory dwelling unit (ADU) permit
shall be obtained to reclassify the existing residence as an ADU prior to issuance of Building
and/or Grading Permits.
5. 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.
6. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
7. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
8. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report for the project, on file in the
Community Development Department. These recommendations must be incorporated in
the building permit plans and completed prior to issuance of a building permit where
applicable.
9. TREE FENCING: Protective tree fencing and other protection measures shall be placed at
the drip line of existing trees prior to issuance of demolition and building permits and shall
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remain through all phases of construction. Include a tree protection plan with the
construction plans.
10. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
11. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
12. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town
of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape
Ordinance, whichever is more restrictive. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans are
submitted for review.
13. UNPERMITTED WORK: Prior to issuance of a Building or Grading Permit, the property
owner or authorized agent shall obtain all permits required for any work found to be
completed without the benefit of permits and shall pall all associated fees and penalties.
14. WINDOWS: The windows on the west elevation of the upper story shall not exceed two-
feet, six-inches by two-feet, six-inches and the glass in these windows be obscured or
frosted.
15. BATHROOM WINDOWS: The second-floor bathroom window on the left (west) side
elevations shall be use obscured or frosted glass.
16. PRIVACY SCREEN: Provide mature tree planting for privacy screening along the shared
property line with 14344 La Rinconada Drive.
17. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend, indemnify,
and hold harmless the Town and its officials in any action brought by a third party to
overturn, set aside, or void the permit or entitlement. This requirement is a condition of
approval of all such permits and entitlements whether or not expressly set forth in the
approval, and may be secured to the satisfaction of the Town Attorney.
18. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
19. PERMITS REQUIRED: A Building Permit is required for the construction of the new single -
family residence and attached garage. An additional Building Permit will be required for
the PV System if the system is required by the California Energy Code.
20. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos
as of January 1, 2020, are the 2019 California Building Standards Code, California Code of
Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.
21. 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 Approva l
will be addressed.
22. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
23. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
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24. 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.
25. SHORING: Shoring plans and calculations will be required for all excavations which exceed
five (5) feet in depth or which remove lateral support from any existing building, adjacent
property, or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall confirm to the Cal/OSHA regulations.
26. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project Building Inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the Soils
Report, and that the building pad elevations and on -site retaining wall locations and
elevations have been prepared according to the approved plans. Horizontal and vertical
controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the
following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
27. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet.
28. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed
with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water
closets, showers, and bathtubs, located 34 inches from the floor to the center of the
backing, suitable for the installation of grab bars if needed in the future.
b. All passage doors shall be at least 32-inch wide doors on the accessible floor level.
c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level landing,
no more than 1 inch out of plane with the immediate interior floor level and with an
18-inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
29. 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.
30. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
31. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
Architect or Engineer of Record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the Building Permit. The
Town Special Inspection form must be completely filled-out and signed by all requested
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parties prior to permit issuance. Special Inspection forms are available from the Building
Division Service Counter or online at www.losgatosca.gov/building.
32. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program Sheet (page size same as submitted drawings) shall be
part of the plan submittal as the second page. The specification sheet is available at the
Building Division Service Counter for a fee of $2 or at ARC Blueprint for a fee or online at
www.losgatosca.gov/building.
33. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874
b. Engineering/Parks & Public Works Department: (408) 399-5771
c. Santa Clara County Fire Department: (408) 378-4010
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
34. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept
clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of
the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless an
encroachment permit is issued by the Engineering Division of the Parks and Public Works
Department. The Owner and/or Applicant's representative in charge shall be at the job
site during all working hours. Failure to maintain the public right-of-way according to this
condition may result in the issuance of correction notices, citations, or stop work orders
and the Town performing the required maintenance at the Owner and/or Applicant's
expense.
35. APPROVAL: This application shall be completed in accordance with all the conditions of
approval listed below and in substantial compliance with the latest reviewed and approved
development plans. Any changes or modifications to the approved plans or conditions of
approvals shall be approved by the Town Engineer.
36. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1
(Construction Plan Requirements) of the Town’s Engineering Design Standards, which are
available for download from the Town’s website.
37. ENCROACHMENT PERMIT: All work in the public right -of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security. It is the
responsibility of the Owner/Applicant to obtain any necessary encroachment permits from
affected agencies and private parties, including but not limited to, Pacific Gas and Electric
(PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of
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Transportation (Caltrans). Copies of any approvals or permits must be submitted to the
Town Engineering Division of the Parks and Public Works Department prior to releasing any
permit.
38. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner and/or Applicant or their
representative shall repair or replace all existing improvements not designated for removal
that are damaged or removed because of the Owner and/or Applicant or their
representative's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc., shall be repaired and replaced to a condition equal to or better
than the original condition. Any new concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor’s sole expense and no additional compensation shall be
allowed therefore. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector and shall comply with all Title 24
Disabled Access provisions. The restoration of all improvements identified by the
Engineering Construction Inspector shall be completed before the issuance of a certificate
of occupancy. The Owner and/or Applicant or their representative shall request a walk-
through with the Engineering Construction Inspector before the start of construction to
verify existing conditions.
39. STREET CLOSURE: Any proposed blockage or partial closure of the street requires an
encroachment permit. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may be required.
40. DRIVEWAY: The driveway conform to existing pavement on Wedgewood Aven ue shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
41. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Owner
and/or Applicant. Plans for those improvements shall be prepared by a California
registered civil engineer, reviewed and approved by the Town, before the issuance of any
grading or building permits. The improvements must be completed and accepted by the
Town before a Certificate of Occupancy for any new building can be issued.
a. Wedgewood Avenue: signing, striping, and sanitary sewers, as required.
b. Wedgewood Avenue: 2” overlay from the centerline to the northern edge of
pavement, or alternative pavement restoration measure as approved by the Town
Engineer.
42. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
43. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited
with the Engineering Division of the Parks and Public Works Depart ment prior to the
commencement of plan check review.
44. GRADING PERMIT FEES: All fees associated with the grading permit shall be deposited with
the Engineering Division of the Parks and Public Works Department prior to the issuance of
a grading permit.
45. GRADING PERMIT: A grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos
(Grading Ordinance). After the preceding Architecture and Site Application has been
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approved by the respective deciding body, the grading permit application (with grading
plans and associated required materials and plan check fees) shall be made to the
Engineering Division of the Parks and Public Works Department located at 41 Miles
Avenue. The grading plans shall include final grading, drainage, retaining wall location(s),
driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities
and a table of existing and proposed impervious areas. Unless specifically allowed by the
Director of Parks and Public Works, the grading permit will be issued concurrently with the
building permit. The grading permit is for work outside the building footprint(s). Prior to
Engineering signing off and closing out on the issued grading permit, the
Owner/Applicant’s soils engineer shall verify, with a stamped and signed letter, that the
grading activities were completed per plans and per the requirements as noted in the soils
report. A separate building permit, issued by the Building Department, located at 110 E.
Main Street, is needed for grading within the building footprint.
46. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to the commencement of any and all altered work. The Owner
and/or Applicant’s project engineer shall notify, in writing, the Town Engineer at least
seventy-two (72) hours in advance of all the proposed changes. Any approved changes
shall be incorporated into the final “as-built” plans.
47. PLANS AND STUDIES: Any studies imposed by the Planning Commission or Town Council
shall be funded by the Owner and/or Applicant.
48. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading/improvement permits,
whichever comes first, the Owner and/or Applicant shall: a) design provisions for surface
drainage; and b) design all necessary storm drain facilities extending to a satisfactory point
of disposal for the proper control and disposal of storm runoff; and c) provide a recorded
copy of any required easements to the Town.
49. PRECONSTRUCTION MEETING: Prior to the commencement of any site work, the general
contractor shall:
a. Along with the Owner and/or Applicant, attend a pre -construction meeting with the
Town Engineer to discuss the project conditions of approval, workin g hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval and will make certain that all project sub-contractors have read and
understand them as well prior to commencing any work, and that a copy of the project
conditions of approval will be posted on-site at all times during construction.
50. DEDICATIONS: The following shall be dedicated by separate instrument. The dedication
shall be recorded before any grading or building permits are issued:
a. Wedgewood Avenue: Thirty (30) feet of property frontage immediately adjacent to the
current Wedgewood Avenue right-of-way (which currently extends to the centerline)
shall be dedicated in fee.
51. SOILS REPORT: One electronic copy (PDF) of the soils and geologic report shall be
submitted with the application. The soils report shall include specific criteria and
standards governing site grading, drainage, pavement design, retaining wall design, and
erosion control. The reports shall be signed and "wet stamped" by the engineer or
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geologist, in conformance with Section 6735 of the California Business and Professions
Code.
52. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and
grading shall be inspected by the Owner and/or Applicant’s soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design-level geotechnical report and recommend appropriate changes in
the recommendations contained in the report, if necessary. The results of the construction
observation and testing shall be documented in an “as-built” letter/report prepared by the
Owner and/or Applicant’s soils engineer and submitted to the Town before a certificate of
occupancy is granted.
53. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project’s design-level geotechnical/geological
investigation as prepared by the Owner and/or Applicant’s engineer(s), and any
subsequently required report or addendum. Subsequent reports or addendum are subject
to peer review by the Town’s consultant and costs shall be borne by the Owner and/or
Applicant.
54. WATER METER: The existing water meter, currently located within the Wedgewood
Avenue right-of-way, shall be relocated within the property in question, directly behind the
public right-of-way line after the dedication required as part of this application. The Owner
and/or Applicant shall repair and replace to existing Town standards any portion of
concrete flatwork within said right-of-way that is damaged during this activity prior to
issuance of a certificate of occupancy.
55. SANITARY SEWER CLEANOUT: The existing sanitary sewer cleanout, currently located
within the Wedgewood Avenue right-of-way, shall be relocated within the property in
question, within one (1) foot of the property line per West Valley Sanitation District
Standard Drawing 3, or at a location specified by the Town. The Owner and/or Applicant
shall repair and replace to existing Town standards any portion of concrete flatwork within
said right-of-way that is damaged during this activity prior to issuance of a certificate of
occupancy.
56. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works
Department will not sign off on a Temporary Certificate of Occupancy or a Final Certificate
of Occupancy until all required improvements within the Town’s right-of-way have been
completed and approved by the Town.
57. FRONTAGE IMPROVEMENTS: The Owner and/or Applicant shall be required to improve the
project’s public frontage (right-of-way line to centerline and/or to limits per the direction
of the Town Engineer) to current Town Standards. These improvements may include but
not limited to curb, gutter, sidewalk, driveway approach(es), curb ramp(s), signs,
pavement, raised pavement markers, thermoplastic pavement markings, storm drain
facilities, traffic signal(s), street lighting (upgrade and/or repaint) etc. The improvements
must be completed and accepted by the Town before a Certificate of Occupancy for any
new building can be issued.
58. UTILITIES: The Owner and/or Applicant shall install all new, relocated, or temporarily
removed utility services, including telephone, electric power and all other communications
lines underground, as required by Town Code Section 27.50.015(b). All new utility services
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shall be placed underground. Underground conduit shall be provided for cable television
service. The Owner and/or Applicant is required to obtain approval of all propo sed utility
alignments from any and all utility service providers before a Certificate of Occupancy for
any new building can be issued. The Town of Los Gatos does not approve or imply
approval for final alignment or design of these facilities.
59. SIDEWALK/CURB IN-LIEU FEE: A curb and sidewalk in-lieu fee of $12,880.00 shall be paid
prior to issuance of a grading or building permit. This fee is based on 92 linear feet of curb
at $68.00 per linear foot and 414 square feet of 4.5 -foot wide sidewalk at $16.00 per
square foot in accordance with Town policy and the Town’s Comprehensive Fee Schedule.
The final curb and sidewalk in-lieu fee for this project shall be calculated using the current
fee schedule and rate schedule in effect at the time the fee is paid.
60. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of any building/grading permit(s),
the Owner/Applicant shall pay the project's proportional share of transportation
improvements needed to serve cumulative development within the Town of Los Gatos.
The fee shall be paid before issuance of any grading or building permit. The final traffic
impact mitigation fee for this project shall be calculated from the final plans using the
current fee schedule and rate schedule in effect at the time, using a comparison between
the existing and proposed uses.
61. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right-of-
way will only be allowed if it does not cause access or safety problems as determined by
the Town.
62. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes,
traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for
review and approval by the Town Engineer prior to the issuance of an encroachment,
grading or building permit.
63. 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.), and at other times as specified by the Director of Parks and Public Work s. Cover all
trucks hauling soil, sand and other loose debris.
64. CONSTRUCTION HOURS: All construction activities, including the delivery of construction
materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m.
to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays, holidays excluded. The Town
may authorize, on a case-by-case basis, alternate construction hours. The Owner and/or
Applicant shall provide written notice twenty-four (24) hours in advance of modified
construction hours. Approval of this request is at discretion of the Town.
65. 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 exceed ing eighty-
five (85) dBA at twenty-five (25) feet from the source. If the device is located within a
structure on the property, the measurement shall be made at distances as close to twenty -
five (25) feet from the device as possible. The noise level at any point outside of the
property plane shall not exceed eighty-five (85) dBA.
66. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or
building permits, the Owner and/or Applicant’s design consultant shall submit a
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construction management plan sheet (full-size) within the plan set that shall incorporate at
a minimum the Earth Movement Plan, Project Schedule, employee parking, construction
staging area, materials storage area(s), concrete washout(s) and proposed outhouse
location(s). Please refer to the Town’s Construction Management Plan Guidelines
document for additional information.
67. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood
level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system serving
such drainage piping shall be protected from backflow of sewage by installing an approve d
type backwater valve. Fixtures above such elevation shall not discharge through the
backwater valve, unless first approved by the Building Official. The Town shall not incur
any liability or responsibility for damage resulting from a sewer overflow whe re the
property owner or other person has failed to install a backwater valve as defined in the
Uniform Plumbing Code adopted by the Town and maintain such device in a functional
operation condition. Evidence of West Sanitation District’s decision on whether a
backwater device is needed shall be provided prior to the issuance of a building permit.
68. BEST MANAGEMENT PRACTICES (BMPs): The Owner and/or Applicant is responsible for
ensuring that all contractors are aware of all storm water quality measures and t hat such
measures are implemented. Best Management Practices (BMPs) shall be maintained and
be placed for all areas that have been graded or disturbed and for all material, equipment
and/or operations that need protection. Removal of BMPs (temporary removal during
construction activities) shall be replaced at the end of each working day. Failure to comply
with the construction BMP will result in the issuance of correction notices, citations, or
stop work orders.
69. SITE DESIGN MEASURES: All projects shall incorporate at least one of 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 porous or pervious pavement surfaces on the drivewa y, at a minimum.
e. Use landscaping to treat stormwater.
70. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks and Public Works Department. A
maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building
on an area if grading is allowed during the rainy season. Interim erosion control measures,
to be carried out during construction and before installation of the final landscaping, shall
be included. Interim erosion control method shall include, but are not limited to: silt
fences, fiber rolls (with locations and details), erosion control blankets, Town standard
seeding specification, filter berms, check dams, retention basins, etc. Provide erosion
control measures as needed to protect downstream water quality during winter months.
The Town of Los Gatos Engineering Division of the Parks and Public Works Department and
the Building Department will conduct periodic NPDES inspections of the site throughout
the recognized storm season to verify compliance with the Construction General Permit
and Stormwater ordinances and regulations.
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71. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present
and in use at the construction site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town, or a minimum of three (3) times daily,
or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging
areas at construction sites in order to insure proper control of blowing dust for the
duration of the project. Watering on public streets shall not occur. Streets shall be cleaned
by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at
least once a day. Watering associated with on -site construction activity shall take place
between the hours of 8 a.m. and 5 p.m. and shall include at least one (1) late -afternoon
watering to minimize the effects of blowing dust. All public streets soiled or littered due to
this construction activity shall be cleaned and swept on a daily basis during the workweek
to the satisfaction of the Town. Demolition or earthwork activities shall be halted when
wind speeds (instantaneous gusts) exceed twenty (20) miles per hour (MPH). All trucks
hauling soil, sand, or other loose debris shall be covered.
72. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant
emissions, the following the Bay Area Air Quality Management District (BAAQMD)-
recommended basic construction measures shall be included in the project’s grading plan,
building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day, or otherwise kept dust -free.
b. All haul trucks designated for removal of excavated soil and demolition debris from site
shall be staged off-site until materials are ready for immediate loading and removal
from site.
c. All haul trucks transporting soil, sand, debris, or other loose material off -site shall be
covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged in
areas away from the adjacent residential homes.
e. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day, or as deemed appropriate by
Town Engineer. The use of dry power sweeping is prohibited. An on-site track-out
control device is also recommended to minimize mud and dirt -track-out onto adjacent
public roads.
f. All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour.
g. All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
h. Post a publicly visible sign with the telephone number and person to contact at the
lead agency regarding dust complaints. This person shall respond and take corrective
action within forty-eight (48) hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations. Please provide the
BAAQMD’s complaint number on the sign: 24-hour toll-free hotline at 1-800-334-ODOR
(6367).
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i. All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed twenty (20) miles per hour.
j. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in
disturbed areas as soon as possible and watered appropriately until vegetation is
established.
73. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any
grading or building permits, all pertinent details of any and all proposed stormwater
management facilities, including, but not limited to, ditches, swales, pipes, bubble -ups, dry
wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be
provided on submitted plans, reviewed by the Engineering Division of the Parks and Public
Works Department, and approved for implementation.
74. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction Activities
and New Development and Redevelopment, the Town's grading and erosion control
ordinance, and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
75. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. On-site drainage systems for all projects shall include one of the
alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These
include storm water reuse via cisterns or rain barrels, directing runoff from impervious
surfaces to vegetated areas and use of permeable surfaces. No improvements shall
obstruct or divert runoff to the detriment of an adjacent, downstream or down slope
property.
76. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and
homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on
a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town’s storm drains.
77. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The Owner and/or
Applicant's representative in charge shall be at the job site during all workin g hours.
Failure to maintain the public right-of-way according to this condition may result in
penalties and/or the Town performing the required maintenance at the Owner and/or
Applicant's expense.
78. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
2. GENERAL: Review of this Developmental proposal is limited to acceptability of site access,
water supply and may include specific additional requirements as the y pertain to fire
department operations, and shall not be construed as a substitute for formal plan review
to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
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3. FIRE SPRINKLERS REQUIRED: (As Noted on A1.0) An automatic residential fire sprinkler
system shall be installed in all new one- and two-family dwellings. Sprinklers are required
for the new residence only unless additions are made to the existing residence being
converted to an Accessory Dwelling Unit (ADU).
4. REQUIRED FIRE FLOW: The fire flow for this project is 2,000 GPM at 20 psi residual
pressure. Since an automatic fire sprinkler system will be installed, the fire flow will be
reduced by 50%, establishing a required adjusted fire flow of 1,000 GPM at 20 psi residual
pressure. Note: The minimum required number and spacing of the hydrants shall be in
accordance with CFC Table C102.1. Letter received. Hydrant is capable of meeting required
fire flow.
5. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall
be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7
mm). Where access is by means of a private road and the building cannot be viewed from
the public way, a monument, pole or other sign or means shall be used to identify the
structure. Address numbers shall be maintained. CFC Sec. 505.1.
6. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC
Chp. 33.
7. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of
the potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
8. GENERAL: This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A
permit presuming to give authority to violate or cancel the provisions of the fire code or
other such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
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August 4, 2022
Planning Commission
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Applicant’s Response to the Appeal of the July 12,2022 Decision of the Development Review
Committee for 17291 Wedgewood Avenue
Dear Planning Commissioners,
My wife and I are the owners of the property at 17291 Wedgewood Avenue. Please find our responses
to the Appeal of the Decision of Development Review Committee below. We thank you in advance for
taking the time to review our responses and believe you’ll find that the proposed plan not only meets all
of the applicable zoning regulations and design guidelines but has also been thoughtfully designed in
careful consideration of our neighbors.
1.We have absolutely zero intent to convert the property into four rental units.
The Appellant's letter appealing the decision of the Development Review Committee is predicated
on baseless assumptions of our intended plans for the property and defamatory remarks about my
character. While we believe many of the fallacious statements do not merit a response, I would like
to take a moment to provide some facts about ourselves and our intent for the property.
My wife and I have lived in the Peninsula and South Bay area for 40 years and raised our children
here. We have lived in nearby towns like Menlo Park, Palo Alto, and San Jose, but have always
hoped to one day make beautiful Los Gatos our home, where we have enjoyed visiting friends,
dining at restaurants and making our weekend shopping trips to the farmer’s market downtown. So
when we had the opportunity to purchase the property at 17291 Wedgewood Avenue, we were
extremely excited to build our dream home together.
We currently live in a small house located at the back of the property, which we plan to turn into an
ADU. When we purchased the property, the house was in very poor condition and inhabitable. Prior
to moving in, we completed some minor repairs so that we could live at the property. The yard was
littered with debris and dead vegetation, which was a visible eyesore to the neighborhood. Since the
first day of living on the property, we have spent a considerable amount of time, money, and energy
making the property our home. My wife, who is a former florist, has planted many flowers, fruits,
and vegetables all around our property, and spends over 2 hours every day tending her garden.
While the appellant claims that our proposed design is “clearly set up” and “obviously intended” to
serve as multiple rental units, our design is in fact a function of our true intent for this property to
become our forever home, where my wife and I can grow old together after my retirement. We
designed a comfortable home where we will be able to spend time together, entertain friends and
neighbors, and have our children and grandchildren visit and stay with us for the holidays.
EXHIBIT 7
2
Incidentally, if our true intent was indeed to convert the property into four rental units as the
appellant alleges, we would have utilized the California SB-9 law to process the permits ministerially,
which would have allowed us to bypass any discretionary review. But because we have absolutely
no other intention than to build a home for us to live in, we submitted an Architecture and Site
Application which would subject our plans to a lengthy design review process and discretionary
approval.
2.I am a general contractor with a great track record.
The offensive references to me as “a rule-breaking contractor” with a “history of violating the law”,
and a person who “does not consider the concerns of any of the neighbors, so long as he feels that
his actions have a benefit to him” are slanderous, defamatory, and could not be further from the
truth. I have built a business in the Bay Area as a general contractor for four decades with an
excellent track record. My reputation in the business is of utmost importance to me and conduct
myself in accordance with my values. The majority of my business comes from repeat clients and
referrals from those clients, which I believe is a testament to the professionalism, standard of care,
and most importantly, the integrity in which I conduct myself and my business.
While my wife and I were extremely disheartened to read the appellant’s statement that I am “not a
member of (his) community, and an outsider who will leave the area as soon as he completes this 4
unit development”, we are comforted by the support we’ve received from many of our other
neighbors, who have welcomed us with open arms into a community that we are already very much
a part of.
3.The proposed design maximizes the available ground floor space after accounting for Town code
and utility requirements, existing site constraints, and code-permitted uses and floor areas
allotted for each and the placing the entirety of the proposed second floor square footage at the
ground level is infeasible.
Our decision to design a 2-story home was largely a result of several site constraints that limit the
amount of buildable area on the ground level. In addition to the code-required property setbacks,
the Town requires a 20’ right-of-way dedication and an additional 10’ utility easement, both of
which span the entirety of the property’s 92’ frontage. These requirements significantly restrict the
available buildable area of the ground level. Additionally, there are several existing trees that will
remain on our property that require construction offsets ranging from 15’ to 25’, and further restrict
the amount of buildable area.1
We have spent significant time and resources into making the existing house on the property a nice
home to live in. The appellant’s demand that it be demolished is unwarranted and given that both
the State and Town codes permit the conversion of our current home into an ADU. Because we
intend to keep the existing structure on the property and provide it with comfortable separation
from the proposed home, the available buildable area on the ground level is further restricted.
1 The Architecture and Site Application S-21-027 Amended Draft Conditions of Approval No. 8 requires that the applicant “shall
implement, at their cost, all recommendations identified in the Arborist’s report for the project (Consulting Arborist Report,
Levison, W., Contract Town Arborist, 9/9/2021)” and that the “recommendations must be incorporated in the building permit
plans and completed prior to issuance of a building permit where applicable.”
3
The proposed 775 sf garage is well below the code allowed maximum of 975 sf. We intend to use
our garage for parking our two vehicles, which includes a pick-up truck with an extended truck bed I
use as an active general contractor. We also intend to use the garage as overflow storage, which is
arguably the most common way homeowners use their garage. Our garage will include a window to
allow daylight into the space and is plumbed so we can install a utility sink.
We likely will use the proposed basement as a playroom for our grandchildren and an entertainment
room. Because the space is in fact, a basement, and therefore is located below the ground level, we
feel it is important to the comfort and usability of the space to have a wide enough entry that not
only provides convenient outdoor access, but also lets in natural sun light and helps us reduce our
ongoing energy costs.
Lastly, the ground floor level of the home could not be increased any further and still accommodate
a modest amount of backyard space
The exhibit below depicts all of the site’s existing constraints at the ground level and demonstrates
that the proposed ground floor plan maximizes the available area after accounting for all of the
factors mentioned above.
4
Based on all of the factors mentioned above, the appellant’s demand that the proposed square
footage of the second floor be placed entirely on the ground floor is infeasible and unreasonable. It
would also render the home design inconsistent with many provisions of the Town of Los Gatos
Single and Two Family Residential Design Guidelines (“Design Guidelines”), not least of which would
create a large monolithic building without any articulation in the facades of the home.
4. The architecture of the home is contemporary Craftsman style, and the proposed plans are in
conformance with all required zoning code regulations, and consistent with the Town of Los Gatos
Single and Two Family Residential Design Guidelines.
Our home’s Architecture and Site Application meets all of the required zoning regulations, including,
setbacks, building height, and FAR, and includes no requests for variances.
It also meets all of the applicable Town Design Guidelines. The proposed architecture of the home is
contemporary Craftsman, with a mix of gable and hip roofs, and variations in setbacks and massing,
to reduce perceived bulk, and minimize its impacts on the streetscape and neighbors. The design
incorporates a mix of colors and materials that are compatible with the character of Los Gatos.
Confirmation of these items were indicated in the Consulting Architect’s Report, in which Mr.
Cannon states, “the project is modest in size, with an overall mass and articulation sympathetic to
the immediate neighborhood”. He also makes note of the fact that “new homes are just recently
beginning to replace smaller, older homes”. Please be advised that all of the recommended
modifications within his report were followed and incorporated into the current design.
Lastly, the approval of our application by the Development Review Committee during its July 12th
meeting, where the proposed project was determined to meet all required findings and
considerations for approval, is further affirmation of our proposed plan’s compliance and
conformance with all the Town’s applicable codes, regulations, and Design Guidelines.
5. The proposed plans were designed, revised, and refined over the past 21 months with input from
Town staff, the Town Consulting Architect, and neighbors.
As soon as we purchased the property, we reached out to our neighbors to letting them know about
the repairs we would be making to the existing home, to share our proposed plans to build our
home, and to start a dialogue with each of our neighbors regarding their possible concerns. We are
pleased to report that with the exception of the appellant and his son, all of our immediate
neighbors, including our immediate neighbors to the north and west, provided positive responses,
and expressed they thought our proposed home would be a “beautiful addition” to our
neighborhood. The Neighbor Notification & Response forms from our neighbors are attached with
this letter for your reference.
When we received feedback from the appellant and his son regarding potential impacts to their
privacy, we understood the importance of addressing those concerns in our proposed plans. It
should be noted however, that in a smaller lot single family residential neighborhood like ours, some
visibility of one another’s yards or even homes is unavoidable and an inherent part of living in a
neighborhood where homes are spaced closer together. Nevertheless, we have worked diligently
throughout the past 21 months to design, revise, and refine a plan for the home that not only meets
6
D. Further, as directed by the DRC during its July 12th hearing, we will be obscuring the clerestory
window of the primary bathroom and planting mature trees along the 20’ of shared property line
with .
Separately, a few months after we moved into our property, the appellant approached us with his plan
to replace an old fence one along the 20’ of the shared property line with his son’s at
for privacy reasons. He asked us to split the cost of installing a new 6’ fence, and as
neighborly gesture of good faith, we agreed without hesitation, and have paid for half the cost of the
work.
In spite of the many significant changes that were made to the proposed plans to address the appellant
and his son’s privacy concerns, he asserts the Planning Commission should require the elimination of all
rear windows on the second story, and completely restrict any visibility out of the second floor of our
home. As shown in the aerial image below, the limited visibility if any, from the second floor windows
would be restricted to a small sliver of the backyard of . Therefore, the
appellant’s demands are unreasonable and are not commensurate with the minimal impact our second-
floor windows may have on the very edge of his son’s property. Lastly, his demand for eliminating all
rear windows run counter to one of his other primary complaints that the proposed home would look
like a “prison cell block”, which he attributed to the lack of windows on the left and right elevations.
Original Plan Current Plan
8
Based on the Town’s available online Building Permit Records2, homeowners began renovating or
constructing 2-story homes in our immediate neighborhood prior to 1994. The 1-story homes that the
appellant referenced in his appeal letter are an incomplete portrayal of the history of home
construction in the area. The table below clearly shows that homes in the immediate area of ours have
been improved at various points over the past 30 years as 2-story homes. The addresses shown in red
are those 1-story homes referenced in the appellant’s letter, while the addresses shown in blue are the
2-story homes that exist in our neighborhood today. As shown below, the homes referenced by the
appellant in his letter were selected out of context to depict a false reality of our neighborhood.
Address Stories Permit Final Date
17177 Wedgewood 2 story Before 1994*
17211 Wedgewood 2 story Before 1994*
17481 Wedgewood 2 story Before 1994*
14294 La Rinconada 2 story Before 1994*
14300 La Rinconada 2 story Before 1994*
14314 La Rinconada 2 story Before 1994*
17311 Wedgewood 1 story Before 1994*
17323 Wedgewood 1 story 1992
14292 Mulberry 2 story 1995
14299 Mulberry 2 story 1997
2 Town of Los Gatos, Building Search Records. https://permits.losgatosca.gov/Building/Search-Records
9
14264 Mulberry 2 story 1998
17501 Wedgewood 2 story 1998
14330 Browns 1 story 1998
14322 Mulberry 2 story 2002
14330 Mulberry 2 story 2004
17159 Wedgewood 2 story 2006
17471 Wedgewood 1 story 2008
14317 La Rinconada 2 story 2009
17251 Wedgewood 2 story 2015
17265 Wedgewood 2 story 2015
14325 Mulberry 1 story 2016
14333 Mulberry 2 story 2018
14340 Mulberry 1 story 2016
14350 La Rinconada 1 story 2021
14311 Mulberry 2 story 2021
*Town’s Building Permit History records prior to 1994 are
not available online and therefore assumed to have been
completed prior to then.
As depicted in the exhibit below, 2-story homes within a two-block radius of our home, constitute
nearly third of all homes in the immediate neighborhood.
The proposed design of our home is a culmination of nearly two-years’ worth of discussions with our
design team, project planner, and most importantly, our neighbors. The plan has been thoroughly
studied and refined through the design process, and meets all of the required Town code regulations
and Design Guidelines, with any requests for variances.
10
We believe the current design has addressed all of the concerns from our neighbors, including those of
the appellant, to the extent that is feasible and reasonable.
My wife and I are incredibly happy to be part of this wonderful community and look forward to your
approval of our proposed plans on August 24th and allowing us to begin building our forever home.
Thank you very much for your time and consideration.
Sincerely,
Young Kim
Owner of 17291 Wedgewood Avenue
LAZARI DESIGN
6154 Royal Acorn Pl.
San Jose CA 95120
Tel: (408) 781-8374
Fax: (408)323-9522
Email: elazari@comcast.net
Date: July 13th, 2021
Re: 17291 Wedgewood Ave.
Los Gatos, CA
Written Description
The current owner of this property when purchased it in 2020, there was a small house on it
which we are trying to convert it to an ADU and a garage/shed almost demolished with no
foundation.
We have included a photo of that garage just to show the situation of that in the plans. That
garage does not exist and all we have now is a small house with many trees on the lot. After
survey, the owner decided to have a new 2-story house on the lot and after receiving comments
for the dedications, he decided to add abasement as well. The proposed plans are for a new
2-story house with 2846.0 SF living space, 760.0 SF garages, 955.0 SF basement and 720.0 SF
converted house to ADU.
EXHIBIT 8
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LAZARI DESIGN
6154 Royal Acorn Pl.
San Jose CA 95120
Tel: (408) 781-8374
Fax: (408)323-9522
Email: elazari@comcast.net
Date: Sep 30th, 2021
Re: 17291 Wedgewood Ave.
Los Gatos, CA
Letter of Justification
Fortunately, the owner of this project is a contractor. He was working on a two-story house in
Los Gatos, so it was easier to convince him to follow the guideline.
This project is in area of combination of one and two-story houses, so we decided to go for two
story. We started with bigger house but now, by some modifications, the proposed project size is
almost same as mid-size houses in neighborhood. Please note we’ve reduced the size more than
250 SF in current submittal.
In terms of style, we tried simple architectural design considering Los Gatos traditional houses
by using siding walls and composition shingles to keep our respect to the surrounding
neighborhood. There were some minor items which after receiving Architectural consultant
comments, we corrected them like the size of balcony which is half of original design and
integrate that into the design by some modifications. The balcony is at the front and open only to
the golf course. We also lowered the porch plate height to match with guideline 3.5.3.
At the right side, upper floor, we have no window and at the left side, only one small with 5’ sill
height to protect privacy of neighbors. Both side walls have bigger setback at the second floor.
We’ve tried to have a shed roof between floors and to avoid stacked walls. Pitch of the roof is
5:12 which match with most neighborhood houses.
Lazari Design
EXHIBIT 9
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August 27, 2021
Mr. Sean Mullin
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
RE: 17291 Wedgewood Avenue
Dear Sean:
I reviewed the drawings and evaluated the site context. My comments and recommendations are as follows:
NEIGHBORHOOD CONTEXT
The site is located in an older neighborhood containing a mix of one and two-story homes. New homes
are just recently beginning to replace smaller,older homes. Photos of the site and surrounding neighbor-
hood context are shown on the following page.
EXHIBIT 10
17291 Wedgewood Avenue
Design Review Comments
August 27, 2021 Page 2
The Site
The site viewed from the side street Homes to the rear on the side street
Nearby house to the immediate left on Wedgewood Ave.Nearby house to the right on Wedgewood Avenue
17291 Wedgewood Avenue
Design Review Comments
August 27, 2021 Page 3
ISSUES AND CONCERNS
The project is modest in size, with an overall mass and articulation sympathetic to the immediate neighbor-
hood - see elevations below.
PROPOSED FRONT ELEVATION
PROPOSED LEFT SIDE ELEVATION
PROPOSED REAR ELEVATION
PROPOSED RIGHT SIDE ELEVATION
17291 Wedgewood Avenue
Design Review Comments
August 27, 2021 Page 4
I only identified a few issues, as follows:
1. The entry is out of scale with the proposed architectural style and the other homes in the immediate
neighborhood, and it would not be consistent with Residential Design Guidelines 3.6.2 and 3.6.3.
3.6.2 Design home entries with sensitivity to the architectural style
• Most architectural styles have a distinctively unique entry type. Avoid using an entry type that is not part
of the style. For example, avoid using projecting entries, especially those with an eave line higher than
the first floor roof, for Ranch Style houses or in Ranch Style neighborhoods.
3.6.3 Design entries with sensitivity to the surrounding neighborhood
• Avoid large and formal entries unless that is the norm for nearby houses. It is often best to start the
design consideration with an entry type (e.g., projecting or under eave porch) that is similar to nearby
homes.
2. The very large second floor balcony is not well integrated into the overall design.
3, The roof overhangs are small for the architectural style, and result in some awkward small first floor roof
segments. They may not be consistent with Residential Design Guideline 3.5.3.
3.5.3 Relate roof overhangs to the architectural style and to the surrounding neighborhood
• Some architectural styles (e.g., Mission and Spanish Eclectic) often come in small and large overhang
versions. In those circumstances, tailor the roof overhangs to the general character of the surrounding
homes.
17291 Wedgewood Avenue
Design Review Comments
August 27, 2021 Page 5
RECOMMENDATIONS
1. Lower the entry gable eave line to match the remainder of the first floor.
2. Increase the entry roof projection.
3. Increase the roof slope of the entry gable.
4. Reduce the second floor balcony size and better integrate it into the overall design by continuing the first
floor eave and sloped roof across its frontage.
5. Consider increasing all roof overhangs.
6. Recess the garage door consistent with Residential Design Guideline 3.4.1.
Sean, please let me know if you have any questions, or if there are other issues that I did not address.
Sincerely,
CANNON DESIGN GROUP
Larry L. Cannon
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Site Address: 17294 Wedgewood, Los Gatos, CA Version: 9/9/2021
Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture
Walter Levison 2021 All Rights Reserved
Assessment of Eight (8) Protected-Size Trees
at and adjacent to
17294 Wedgewood
Los Gatos, California
Prepared for:
Mr. Sean Mullin, Associate Planner
Town of Los Gatos Community Development Department
110 E. Main Street
Los Gatos, CA 95030
Field Visit:
Walter Levison, Contract Town Arborist (CTA)
8/28/2021
Report by CTA
9/9/2021
EXHIBIT 11
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Site Address: 17294 Wedgewood, Los Gatos, CA Version: 9/9/2021
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Walter Levison 2021 All Rights Reserved
Table of Contents
1.0 Summary ___________________________________________________________________________ 3
2.0 Assignment & Background _____________________________________________________________ 9
3.0 Town of Los Gatos – What Trees are Protected? ___________________________________________ 10
4.0 Recommendations ___________________________________________________________________ 12
5.0 Tree Protection and Maintenance Directions per Town Code _________________________________ 18
6.0 Tree Replacement Standards – Los Gatos Town Code ______________________________________ 22
7.0 Author’s Qualifications ________________________________________________________________ 24
8.0 Assumptions and Limiting Conditions ____________________________________________________ 25
9.0 Certification ________________________________________________________________________ 26
10.0 Digital Images _____________________________________________________________________ 27
11.0 Tree Data Table ____________________________________________________________________ 34
12.0 Tree Location & Protection Fence Map Mark-up by the Applicant and the CTA __________________ 43
13.0 Attached: Appraisal Worksheet by the CTA ______________________________________________ 44
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Site Address: 17294 Wedgewood, Los Gatos, CA Version: 9/9/2021
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Walter Levison 2021 All Rights Reserved
1.0 Summary
a. Below is a matrix style overview of protected-size trees (non-exempt species, 4-inches diameter at 4.5 feet above grade). In the table, the CTA
(Contract Town Arborist) has outlined expected impacts to each tree, along with suggestions for adjustments to the plan set (if applicable) that will optimize
tree survival over the long term.
The CTA calculated the appraised value of each tree, which can be used as a tool for determining the proper security bond amount to have the applicant
post with the Town as a hedge against site plan-related tree damages (if applicable). Appraised values can also be used to determine damage fees if trees
are determined during or after construction to have been damaged such that mitigation is required.
Mitigation replacement rate and size is noted for each tree in the case that removal or damage to trees occurs.
Only trees within relatively close proximity of proposed work are included in this tree study (e.g. tree trunks located between approximately zero and 30
linear feet of current proposed new grading, utility trenching, excavation, haul routes, landscaping, etc. as shown on proposed plans, and trees with
canopy driplines that encroach onto the subject property.
New Staff Protocols / High Risk Trees and Dead Trees
Per my communications with Town Planning Division Staff in 2021, all trees with a TRAQ risk rating of “high” or “extreme”, and all trees in “dead” (i.e. 0 to
5% overall condition ratings) are allowed to be removed as no-fee removals, without any canopy replacement fees or plantings required, when a site is
undergoing entitlement review. The reference f or this no-fee/no-replacement removal standard is tree ordinance section 29.10.0985.
Author’s Side Notes Regarding the 17294 Wedgewood Submittal Set of Plans:
1. Missing Plans:
The applicant’s set of plans from March, 2021 does not include utility hookup trench routing, drainage pipe and area drain trenching routes, electrical
lighting conduit trenching routes, landscape planting plans, or irrigation pipe trenching plans. Therefore, these elements or a subset of these items will
need to be reviewed by the CTA at a later time, under a separate contract in addition to and distinct from this initial tree assessment and arborist report
preparation to 9/9/2021, in order to fully evaluate the various expected (potential) negative impacts that construction of these items will have on the
health and structure of trees being protected and retained.
2. RPZ Root protection zone fencing:
It is not clear at the time of writing whether routing of the RPZ fencing per the author’s suggested perimeters will be feasible, or whether it will partial
hinder construction staging, storage, work, ingress, egress, etc.
The way it is shown on the CTA’s tree protection map markup at the end of this report is considered “optimal” in terms of maximizing root system
preservation around trees being retained, though even if fencing is set up along the routes suggested by the CTA, there will still be significant root loss
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Site Address: 17294 Wedgewood, Los Gatos, CA Version: 9/9/2021
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Walter Levison 2021 All Rights Reserved
east of tree #21, and south of tree #27 (unless the basement footprint is pushed southward to 18 feet offset from trunk edge of tree #27, as was stated
by the applicant during the CTA’s field visit to this site in September, 2021).
Table 1.0(a) (REFER TO THE CTA’S TREE MAP MARKUP IN SECTION 12.0 WHEN REVIEWING THIS MATRIX)
Line
Number
Tree Tag
Number
Expected Tree
Disposition
Appraised
Value
(per 10th Edition of
Guide for Plant
Appraisal, for
Trees Being
Preserved
Suggested Changes to Applicant’s Proposed Plans to
Boost Tree Conservation Suitability Rating (TCS) to
“Moderate” or “Good”
Replacement
Rate Per Canopy
Lost
Replacement
Size Tree
1 21 Retain $15,000.
Minimize or eliminate all excavation for the proposed
driveway and for any scarification/compaction related to
“subbase preparation” below the proposed driveway base
materials, within approximately 25 linear feet of the trunk
edge. In order to accomplish this, the only methods and
materials known to the author are to use a very high
performance model of triaxial geogrid or biaxial geogrid laid
down over the existing soil grade surface, which then
provides increased load bearing performance and eliminates
the need for any subbase preparation.
In the author’s recent 2021 experience with projects
throughout the Bay Area, there may be a fire truck rating
required for the drive, on the order of +/- 70,000 lbs of load
bearing capacity. The author has worked on various
driveway, walkway, and parking lot projects over the past
few years at Stanford University where subbase preparation
was completely eliminated, and we used Tensar TX160
triaxial geogrid laid over existing soil grade to achieve this
level of performance. The project engineers and County
engineers signed off on this “non-standard” build spec.
($250 per each
24” Box)
X 10 = $2,500.
24” Box
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Site Address: 17294 Wedgewood, Los Gatos, CA Version: 9/9/2021
Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture
Walter Levison 2021 All Rights Reserved
Line
Number
Tree Tag
Number
Expected Tree
Disposition
Appraised
Value
(per 10th Edition of
Guide for Plant
Appraisal, for
Trees Being
Preserved
Suggested Changes to Applicant’s Proposed Plans to
Boost Tree Conservation Suitability Rating (TCS) to
“Moderate” or “Good”
Replacement
Rate Per Canopy
Lost
Replacement
Size Tree
2 22 Retain $2,390.
No changes to plans required.
Note however that this tree will require chain link root
protection zone (RPZ) fencing, and the degree to which the
root system can be protected and preserved will depend
completely on the ROUTE of the chain link fence in terms of
fence offset distance from trunk, which should be at least
15 to 20 feet offset radius from trunk, or more, in all
directions.
($250 per each
24” Box)
X 3 = $750.
24” Box
3 23 Retain $3,220.
No changes to plans required (caveat: the applicant does
not appear to have submitted certain plan sheets such as
grading, drainage, irrigation, etc. that would have allowed
the CTA to assess specific negative impacts to this tree
related to trenching, grading, etc. These impacts are
considered “unknown” at this time).
This tree will require chain link root protection zone (RPZ)
fencing, and the degree to which the root system can be
protected and preserved will depend completely on the
ROUTE of the chain link fence in terms of fence offset
distance from trunk, which should be at least 15 to 25 feet
offset radius from trunk, or more, in all directions, per the
CTA’s tree map markup.
($250 per each
24” Box)
X 3 = $750.
24” Box
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Site Address: 17294 Wedgewood, Los Gatos, CA Version: 9/9/2021
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Walter Levison 2021 All Rights Reserved
Line
Number
Tree Tag
Number
Expected Tree
Disposition
Appraised
Value
(per 10th Edition of
Guide for Plant
Appraisal, for
Trees Being
Preserved
Suggested Changes to Applicant’s Proposed Plans to
Boost Tree Conservation Suitability Rating (TCS) to
“Moderate” or “Good”
Replacement
Rate Per Canopy
Lost
Replacement
Size Tree
4 24 Retain $17,100.
No changes to plans required (caveat: the applicant does
not appear to have submitted certain plan sheets such as
grading, drainage, irrigation, etc. that would have allowed
the CTA to assess specific negative impacts to this tree
related to trenching, grading, etc. These impacts are
considered “unknown” at this time).
This tree will require chain link root protection zone (RPZ)
fencing, and the degree to which the root system can be
protected and preserved will depend completely on the
ROUTE of the chain link fence in terms of fence offset
distance from trunk, which should be at least 15 to 25 feet
offset radius from trunk, or more, in all directions, per the
CTA’s tree map markup.
($250 per each
24” Box)
X 6 = $1,500.
24” Box
5 25 Retain $3,480.
No protection is required for this tree, given that it is a
neighbor-owned specimen behind an existing fence that is
to remain as-is, and overhangs an existing residence roof
peak that will remain as-is.
($250 per each
24” Box)
X 4 = $1,000.
24” Box
6 26 Retain $1,610.
This low-value tree has been severely pruned to clear
airspace around existing utility wires, etc. The tree in its
current position is slightly blocking ingress-egress to the
proposed construction area. However, the CTA expects that
the builder will access the site only from the south (i.e. from
Wedgewood), as opposed to entering the project from
Browns Lane, which would necessarily cause excessive
traffic around trees #26, 27, 28.
The CTA suggests that Staff formally create a project
condition of approval (COA) that states that all site plan
work for main residence construction and all related ancillary
construction be performed using only Wedgewood as the
ingress and egress point, and specifically note that
contractor access through Browns Lane will not be allowed.
($250 per each
24” Box)
X 3 = $750.
24” Box
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Line
Number
Tree Tag
Number
Expected Tree
Disposition
Appraised
Value
(per 10th Edition of
Guide for Plant
Appraisal, for
Trees Being
Preserved
Suggested Changes to Applicant’s Proposed Plans to
Boost Tree Conservation Suitability Rating (TCS) to
“Moderate” or “Good”
Replacement
Rate Per Canopy
Lost
Replacement
Size Tree
7 27 Retain $8,000.
This tree is located in an existing gravel parking area in front
of the existing smaller residence that is accessed from
Browns Lane.
In order to better preserve and protect the south and west
portions of this tree’s horizontally-extended root system, it
would be beneficial if we could draw up a planning division
condition of approval (COA) that restricts all contractor site
access to Wedgewood, and states specifically that site
access through Browns Lane will not be allowed. By
restricting site access only through Wedgewood, we will be
able to erect chain link RPZ fencing over a much larger
portion of the root system, since the contractors will not
access the site from Browns Lane.
Note also that the current drawing from March, 2021 shows
the distance between trunk base edge and basement limit of
excavation at roughly 11 feet offset radius. This tree has a
Critical Root Zone (CRZ) of approximately 20 feet radius in
terms of recommended construction offset from edge of
trunk. Therefore, the CTA recommends that the offset
distance be increased to roughly 20 feet. I did speak with
the applicant on site, who informed me that he had recently
resubmitted a new site plan drawing to planning division
which apparently shows a modified basement excavation
offset of much farther south than currently shown on the
CTA’s tree map markup (e.g. 20 feet or more southwards
offset, etc.).
The CTA suggests that planning staff provide the CTA with
an updated “finalized” layout of the proposed new residence
and basement excavation limits, showing correct scale, with
an offset distance of at least 20 feet or more between
basement cut limit and tree #27 trunk base edge, so that the
south side of the tree’s root system is verified as being
retained according to the accepted Critical Root Zone
standard offset distance.
($250 per each
24” Box)
X 4 = $1,000.
24” Box
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Line
Number
Tree Tag
Number
Expected Tree
Disposition
Appraised
Value
(per 10th Edition of
Guide for Plant
Appraisal, for
Trees Being
Preserved
Suggested Changes to Applicant’s Proposed Plans to
Boost Tree Conservation Suitability Rating (TCS) to
“Moderate” or “Good”
Replacement
Rate Per Canopy
Lost
Replacement
Size Tree
8 28 Retain $6,700.
This tree is located in the front yard/gravel parking lot area
of the existing smaller residence, and is accessed off of
Browns Lane.
There is no fencing required for the tree per-say. However, it
would be beneficial, as noted above in this report summary
table 1.0(a), if planning staff could create a planning division
condition of approval (COA) that prohibits contractor access
to/from Browns Lane, and restricts ingress/egress to
Wedgewood only, so that the root system is not
unnecessarily compacted by m onths or years of
construction-related vehicle and machinery traffic.
Even though the tree’s root system is covered with gravel
and would appear to be “impacted” by presence of the
existing driveway/parking area, these older open soil root
zone areas cov ered with gravel tend to be far less
compacted than modern engineered surfaces, and therefore
the tree #28 root system may be far more extensive and far-
reaching in terms of radial extension out from trunk edge,
and in much better condition, than might be expected.
Therefore, any and all methods of excluding contractor
staging, storage, movement, etc. within 30 feet of the tree
would be beneficial for protection and preservation of the
root system.
Side note: coast redwoods tend to have root systems far
more extended than their canopy dripline radii, sometimes
as far as 3x or 4x the canopy dripline distance from trunk
edge.
($250 per each
24” Box)
X 4 = $1,000.
24” Box
2021-22 Town of Los Gatos In-lieu fee equivalent = $250 per each required 24” box mitigation tree planting not installed on the site.
15-gallon size trees are only allowable as new plantings for properties measuring < 10,000 square feet, but the same $250 per-tree fee still applies
when calculating in-lieu fees for all required canopy replacement trees that will not actually be installed on the site by the applicant.
This particular property measures +/-14,000 sq. ft., and is therefore not eligible for the 15-gallon size replacement tree standard.
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2.0 Assignment & Background
Walter Levison, Contract Town Arborist (CTA) was directed to tag and assess all Protected-Size (4-inch diameter and greater) trees in relatively
close proximity to the proposed site plan project area, including off-site trees on neighboring properties which were expected to be negatively
impacted by the applicant’s planned work.
The CTA assessed the entire set of 2021 plans. Tree data were collected and assembled by the CTA in section 11.0 of this report. Tree tags were
affixed by the CTA to the mainstems of both the on-site and neighbor-owned trees. These tags were racetrack shaped aluminum tags numbering
“21” through “28” (eight total trees assessed).
Missing Plan Sheets
This application did not include various standard plan sheets such as grading, drainage, utilities, irrigation, etc. Therefore, the CTA did not review
any impacts to the trees from proposed construction, except for basic impacts from excavation related to the driveway and main residence footprints
themselves. The CTA will need to review additional documents at a later time in order to fully assess expected construction-related impacts to trees
being retained.
Privets, fruit trees, and palms were excluded from the study, as these are considered non-regulated “exemption trees” per the Town tree ordinance.
The CTA’s recommendations in section 4.0 of this report are based on published information in various standard arboriculture texts, such as the
series of Best Management Practices (BMP) companion publication (booklets) published by International Society of Arboriculture that are
periodically updated over time. The series of BMP booklets accompany the ANSI-A300 USA standards for tree care used by U.S.-based tree care
companies.
Additional supporting information includes digital images archived by the CTA as section 10.0, a tree map markup JPEG embedded as section 12.0.
The CTA utilized a forester’s D-tape to determine tree mainstem (trunk) diameters at 4.5 feet above grade. The D-tape is a circumferential tape that
converts actual trunk circumference to an averaged diameter in inches and tenths of inches. Tree heights were determined using a digital Nikon
Forestry Pro 550 hypsometer. Tree canopy spread diameters were estimated visually or paced off.
Side Note on Fencing
The applicant discussed their plans with the CTA on site during the field assessment, and how they had recently resubmitted to planning with a
different layout for the basement and residence footprint which pushes the massing farther southward than shown on the March 2021 site plan
reviewed by the CTA and used to create the tree map markup included in this report. The “revised” sheet apparently shows the basement cut at 18
feet south of tree #27 trunk base edge (though this cannot be confirmed at the time of writing, since the CTA has not reviewed that updated site plan
sheet).
The preserv ation of tree #27 will depend on the extent to which we can fence off its root system and prevent unnecessary compaction and other
construction-related soil root zone damages. The CTA included a “suggested” route for the fencing around tree #27 on the tree map markup in this
report, based solely on the existing March 2021 proposed site plan layout, which according to the applicant is now an obsolete drawing. It is
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expected that the fencing can be set further southward than currently shown on the CTA’s tree map markup, if the new layout of the proposed
basement and residence foundation footprint has now been shifted to 18 feet south of the tree #27 trunk base edge.
3.0 Town of Los Gatos – What Trees are Protected?
Per the most recent (2015) iteration of the Town of Los Gatos tree ordinance (Town Code Chapter 29 – Zoning Regulations, Article 1), the following
regulations apply to all trees within the Town’s jurisdiction (wordage adjusted):
1. All trees with at least a single mainstem measuring four (4) inches diameter or greater at 4.5 feet above grade are considered “Protected Trees” when
removal relates to any development review.
2. 12 inch diameter (18 inch multistem total) trees on developed residential property not currently subject to development review.
3. 8 inch diameter (8 inch multistem total) blue oak (Quercus douglasii), black oak (Quercus kellogii), California buckeye (Aesculus californica), and
Pacific madrone (Arbutus menziesii) on developed residential lots not currently subject to development review.
4. 8 inch diameter (8 inch multistem total) trees on developed residential property not currently subject to development review, on lots in the designated
Hillside Area per the official Town map.
5. All trees with a single mainstem or sum of multiple mainstems totaling 48 inches diameter or greater at 4.5 feet above grade are considered “Large
Protected Trees” (LPT).
6. All oak species (Quercus spp.), California buckeye (Aesculus californica), and Pacific madrone (Arbutus menziesii) with one or more mainstems
totaling 24 inches diameter or more at 4.5 feet above grade are considered “Large Protected Trees” (LPT).
7. Section 29.10.0965. Prohibitions: A permit is required to prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over a three-
year period, affecting 25% or more of any Protected Tree (including below ground root system).
8. Section 29.10.0965. Prohibitions: A permit is required to prune, trim, or cut any branch or root greater than four (4) inches in diameter of a Large
Protected Tree.
9. Section 29.10.0965. Prohibitions: A permit is required to conduct severe pruning on any protected tree. Severe pruning is defined in section
29.10.0955 as “topping or removal of foliage or significant scaffold limbs or large diameter branches so as to cause permanent damage and/or
disfigurement of a tree, and/or which does not meet specific pruning goals and objectives as set forth in the current version of the International Society
of Arboriculture Best Management Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub, and Other Woody Plant Management-Standard
Practices, (Pruning).”
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10. Exceptions:
Severe Pruning Exception in Town Code section 29.10.1010(3) “…..except for pollarding of fruitless mulberry (Morus alba) or other species approved
by the Town Arborist….”.
Protected Tree Exceptions:
a. Edible fruit or nut bearing trees less than 18 inches diameter (multistem total or single stem), including fruiting olive trees.
b. Acacia melanoxylon (blackwood acacia) less than 24 inches (multistem total or single stem)
c. Liriodendron tulipifera (tulip tree) less than 24 inches (multistem total or single stem)
d. Ailanthus altissima (tree of heaven) less than 24 inches (multistem total or single stem)
e. Eucalyptus globulus (Tasmanian blue gum) less than 24 inches (multistem total or single stem)
f. Eucalyptus camaldulensis (River red gum) less than 24 inches (multistem total or single stem)
g. Other eucalyptus species (E. spp.) not noted above, less than 24 inches (multistem total or single stem)
(REMOVAL O.K. ONLY AT HILLSIDE AREA LOCATIONS PER OFFICIAL TOWN MAP):
www.losgatosca.gov/documentcenter/view/176
h. All palm species (except Phoenix canariensis) less than 24 inches (multistem total or single stem)
i. Ligustrum lucidum (glossy privet) less than 24 inches (multistem total or single stem)
Note that per the exception in part ‘a’ above, fruiting olive trees with main stems totaling less than 18 inches are considered
non-protected.
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4.0 Recommendations
1. Project Arborist (“PA”):
Initial Signoff
It is recommended that a third party ASCA registered consulting arborist or ISA Certified
Arborist with good experience with tree protection during construction be retained by the
applicant, to provide pre-project verification that tree protection and maintenance measures
outlined in this section of the arborist report are adhered to. Periodic (e.g. monthly) inspections
and summary reporting, if required as a project condition of approval, are suggested in order to
verify contractor compliance with tree protection throughout the site plan project. This person
will be referred to as the project arborist (“PA”). The PA should monitor soil moisture within the
root protection zones of trees being retained, using a Lincoln soil moisture probe/meter or
equivalent. If required, inspection reports shall be sent to Mr. Sean Mullin, Associated Planner
(smullin@losgatosca.gov ). Sample wordage for a condition of approval regarding monitoring of
tree protection and tree condition:
“The required protective fencing shall remain in place until final landscaping and inspection of
the project. Project arborist approval must be obtained and documented in a monthly site
activity report sent to the Town. A mandatory Monthly Tree Activity Report shall be sent at
least once monthly to the Town planner associated with this project (smullin@losgatosca.gov )
beginning with the initial tree protection verification approval letter”.
2. Project Team Pre-Project Adjustments, Clarifications, and Limits Suggested or Required:
2a. DRIVEWAY BASE SECTION, EDGE RESTRAINTS, ROUTING, AND WIDTH:
DRIVEWAY BASE SECTION:
Limit driveway base rock base section excavation cuts to less than or equal to 6 inches of cut below existing soil surface grade elevations to
avoid severe damage to roots extending from tree #21 being retained in close proximity to drive.
Eliminate any “over-excavation” or “re-compaction” proposed for subbase prep, within 25 linear feet of tree #21. Geogrid materials may or may not be
required to be laid over soil surface grade in order to achieve this type of restricted base prep depth (see photo at right of a recent 2020 geogrid install
on a project overseen by the CTA in Menlo Park, CA, using a high performance triaxial geogrid TX160 TriAx, with the highest available load-bearing
ratings. Baserock was laid directly over the grid and tamped down to 90% Proctor, after this photo was taken. Use of a high rated type geogrid over
the existing soil surface means that zero scarification and zero recompaction needs to be performed, which avoids damage to or loss of the root
systems of nearby trees being retained).
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Note: there may be a County fire department regulation that governs the
load bearing capacity of the driveway, such as “70,000 lbs. min.” or
similar, such that fire response vehicles can utilize the drive without
causing severe damage to the drive. Consult with geogrid manufacturers
and distributors, as well as geotechnical engineers, to determine the load-
bearing capacity of a “no dig” type driveway built up over grade without
subbase prep, using a high performance type triaxial geogrid
underlayment to provide lateral load dispersal qualities.
DRIVEWAY EDGE RESTRAINTS:
Important: Eliminate all cut depths for installation of the driveway “edging”
(aka “pavement or paver restraint”) along the west edge of the driveway
facing tree #21. Use an edging treatment that can be laid directly over
existing soil grade elevation to avoid all excavation cuts related to edge
installation. This can be accomplished through use of steel edging pinned
in place using long steel pins. Note that if a standard deep cut depth type
edge restraint is used, it would effectively nullify all of the tree root
preservation benefits of the “no dig” geogrid system, rendering the special
system useless.
DRIVEWAY FOOTPRINT ROUTING:
If possible, push the proposed driveway footprint farther eastward than currently proposed, to further minimize root loss/damage east of the trunk of
tree #21
Above right: Close-up image of a WLCA project at Stanford where TriAx TX160 triaxial geogrid was used as a geogrid underlayment over the soil
surface, to allow the construction to proceed as a “no dig” system where no subbase prep was performed at all. The grid was laid over the existing soil
surface, and baserock and asphalt laid directly over that baserock after the baserock was compacted to a 90% or 95% rate.
Note that in this system, the subbase is not prepared with any initial scarification/recompaction, and is simply left at the existing “background natural
compaction rate” such as 83-85%, which allows for continued normal tree root growth through the subbase area. With this type of system, there is
continued tree root expansion and elongation underneath the geogrid footprint over time.
Engineers all signed off on this alternative specification type “no-dig” build, the actual load-bearing capacity of which is not known, but is assum ed to
be at least +/- 70,000 lb or greater (i.e. fire truck capacity), though this cannot be verified.
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2c. BASEMENT EXCAVATION LIMIT / REDWOOD #27:
The property owner confirmed with the CTA verbally in August, 2021 that the finalized plan distance from redwood #27 trunk base edge to basement
excavation limit would be greater than +/-20 linear feet. However, per the existing March, 2021 site plan sheet A1.0 reviewed by the CTA for this
arborist report, the proposed distance from trunk base edge is only +/- 11 feet offset radius: well below the Critical Root Zone of approximately 20 feet
calculated for tree #27.
It is suggested that Town Planning Staff verify that updated “final” construction site plan sheet(s) indicate a basement excavation offset radius of at
least 20 to 25 feet linear distance between the limit of main residence construction and the trunk base edge of redwood #27. Note that the basal area
of this tree is roughly 5 to 6 feet diameter, which means that the actual scaled offset should be measured from approximately 3 feet south of the tree
#27 trunk plot center point as shown on the applicant’s site plan sheet.
2d. CONTRACTOR EXCLUSION FROM EXISTING SMALL RESIDENCE AND EXISTING PARKING AREAS ACCESSED FROM BROWNS LANE:
In order to further protect and preserve the root system extending from redwood #27, which may extend as far as 2x to 3x the canopy dripline radius
(i.e. 50 feet southward extension radius from trunk edge), the CTA suggests that Town Planning Staff prepare a planning condition of approval (COA)
that prohibits all contractor site work from using Browns Lane, and requires that all site plan construction-related work use only the Wedgewood
access point for ingress, egress, staging, storage, work, hauling, etc.
Toward this end, it is further suggested that Town Staff require that an exclusion fence of chain link steel material be erected across the entire width of
the site in an east-west trajectory, to exclude all movement between the (existing residence and parking lot areas in the north 1/3 of the site), and the
south 2/3 of the site where the new main residence is to be built.
The location of this east-west oriented exclusion fence would ideally be 5 to 8 feet north of the basement excavation limit, which would give
contractors a narrow but adequately-wide “construction corridor” area to work in, for exterior finishing, scaffold erection, etc. along the
north side of the proposed new main residence and basement.
For reference, a typical build site in San Francisco, for instance, requires at least 4 to 5 feet of construction corridor width, for scaffold erection around
a new construction footprint or around an existing structure undergoing renovation.
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3. Trunk Buffer Wrap Type III Protection:
Prior to demolition commencement, install trunk buffers around all trees being retained on-site:
Wrap one (1) entire roll of orange plastic snow fencing around the trunk of each single
on-site tree, between grade and 6 to 8 feet above grade to create a padding of at least 1 to 2
inches thickness around each tree trunk. Stand 2x4 wood boards upright, side by side, around
the entire circumference of the orange plastic wraps. Affix using duct tape (do not use wires or
ropes). See spec image above right showing the wooden boards correctly mounted against
one entire roll of orange snow fencing, such that the wood does not actually touch the trunk at
all.
Trees to be wrapped at this site: All surveyed trees noted in this CTA report, except for
neighbor tree #25.
No storage, staging, work, or other activities will be allowed inside the RPZ except with
PA monitoring.
4. Signage: The RPZ fencing shall have one sign affixed with UV-stabilized zip ties to the chain
link at eye level for every 20 linear feet of fencing, minimum 8”X11” size each, plastic
laminated or printed with waterproof ink on waterproof paper, with wordage that includes the
Town Code section that refers to tree fence protection requirements (wordage can be
adjusted):
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TREE PROTECTION ZONE FENCE
ZONA DE PROTECCION PARA ARBOLES
-NO ENTRE SIN PERMISO-
-LLAME EL ARBOLISTA-
REMOVAL OF THIS FENCE IS
SUBJECT TO PENALTY ACCORDING TO
LOS GATOS TOWN CODE 29.10.1025
PROJECT ARBORIST:
TELEFONO CELL: EMAIL:
Note: Walter Levison, Contract Town Arborist is an independent consultant retained under contract with Town of Los Gatos Planning Division
Staff, and is not the “PROJECT ARBORIST”.
5. Chain Link Fencing Type I and/or Type II Root Protection Zone (RPZ):
Prior to demolition commencement, erect chain link fencing panels set on moveable
concrete block footings (see sample image below right). Wire the fence panels to iron
layout stakes pounded 24 inches into the ground at the ends of each fence panel to
keep the fence route stabilized and in its correct position. Do not wire the fence panels
to the trunks of the trees. These panels are available commonly for rent or purchase.
Alternative Fencing / Tube Posts and Rolled Chain Link: Using a professional grade
post bounder, pound 7-foot long 2-inch diameter iron tube posts 24-inches into the
ground, at 6 to 10-foot spacing maximum on-center, and hang steel chain link fencing
mater ial minimum 5-feet height on the tube posts. These materials are available for
purchase at many retail and wholesale construction supply houses such as Home
Depot, Lowe’s, Grainger’s, White Cap, Harbor Freight, etc.
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Pre-construction fence routes:
Per the red dashed lines on the tree map mark-up attached to this WLCA arborist report:
(Routes may be subject to change, depending on the finalized limit of basement excavation, which is expected to be 20 feet or greater linear
offset from the trunk base edge of redwood #27).
As noted above in this recommendations section of the CTA report, the CTA suggests that Town Planning Staff create a planning condition
of approval that prohibits ingress/egress via Browns Lane, and restricts all contractor activity to use of the Wedgewood access point only,
in order to minimize root damage to redwoods #27 and #28. Toward this end, the “ideal” RPZ fence erection route would span east-west
across the entire width of the property to effectively prohibit all contractor access via Browns Lane.
RPZ f encing must be erected prior to any heavy machinery traffic or construction material arrival on site.
The protective fencing must not be temporarily moved during construction. No materials, tools, excavated soil, liquids, substances, etc. are to be
placed or dumped, even temporarily, inside the root protection zone or “RPZ”.
No storage, staging, work, or other activities will be allowed inside the RPZ except
with PA monitoring.
6. Tree Pruning and Maintenance:
6a. ROOT CROWN EXCAVATION (RCX):
Retain the services of an ISA Certified Arborist to perform root crown
excavation between zero and 2 horizontal feet of the trunk edge of oak #21, in
order to unbury the natural flaring buttress roots that would normally extend
outward from the trunk base.
See the image at right showing the correct elevation of soil around a trunk
(courtesy of Bartlett Tree Research Labs, USA).
The reason that soil needs to be removed from the root collar down to the
indicated elevation is because this is the transition point where trunk tissue
becomes root tissue. Trunk tissue is not resistant to being moist from soil contact
at all times and will rot from digestion by wood decay-causing organisms,
whereas root tissue can remain under soil cover at all times without rotting. Thus,
when soil is present above the indicated “maximum height” line where trunk tissue
begins to merge with root tissue, a tree can actually decay and die from
proliferation of fungal pathogens that digest wood tissue. When soil is removed
down to the indicated level, the root collar can “breath” and remain healthy.
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6b. ASTRO+PENTRABARK SPRAY:
Spray Astro and Pentrabark solution onto the lower 8 feet of the mainstems of oak #21, as a prophylaxis for (assumed) bark beetle attack.
7. Irrigation Temporary (During Work Period):
Apply approximately 1x/week to 3x/week heavy irrigation to redwood
specimens being retained, during the proposed site work, using any and all
methods and equipment, such as soaker hoses, garden hose, water truck, tow-
behind water tank and spray apparatus, etc.
Apply water over a large square footage of the trees’ root zones (i.e. not at trunk
base). Irrigation should occur between zero and 30 feet out from trunk edge.
Volume: +/- 100 to 150 gallons per large redwood tree per week.
Right: Image of a spray tank apparatus on one of the CTA’s projects, used to
irrigate coast redwood specimens adjacent to the roadway. When using spray
tanks, the application needs to be at least 3x to 4x/day on a single irrigation day,
because a large amount of water is being applied relatively quickly. Spray tank
application of irrigation water can often cause runoff and soil erosion without
actually penetrating down into the root zones of trees, unless multiple heavy
applications are performed over a few hour period. Use of straw wattles and
other “dams” (watering berms) are set up to force water directly downward into
the root zones of trees being retained.
5.0 Tree Protection and Maintenance Directions per Town Code
The following is excerpted directly from the 2015 iteration of the Town of Los Gatos tree ordinance sections which provide specific tree protection directions
and limitations on root pruning and above-ground pruning:
Sec. 29.10.1000. New property development.
(a) A tree survey shall be conducted prior to submittal of any dev elopment application proposing the rem oval of or impact to one or more protected
trees. T he development application shall inc lude a T ree Survey Plan and T ree Preservation Report based on this surv ey. T he tree surv ey inventory
num bers shall correspond to a num bered metal tag placed on each tree on site during the tree surv ey. The tree surv ey plan shall be prepared by a certified
or consulting arborist, and shall inc lude the followi ng inform ation:
(1) Location of all exi sting trees on the property as described in section 29.10.0995;
(2) Identify all trees that could potentiall y be aff ect ed by the project (directl y or indirectly- immediately or in long term), such as upsl ope grading or
com paction out side of the dripline;
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(3) Notation of all trees classified as protected trees;
(4) In addition, for trees f our (4) inches in diam eter or larger, the plan shall specif y the precise location of the trunk and crown spread, and the
species, si ze (diam eter, height , crown spread) and condition of the tree.
(b) T he tree surv ey plan shall be reviewed by the T own’s consulting arborist who shall, after m aking a field visit to the propert y, indicat e in writing or as
shown on approv ed plans, which trees are recommended f or preserv ation (based on a retention rating of high/moderate/low) using, as a minim um, the
Standards of Review set f orth in section 29.10.0990. This plan shall be m ade part of the staff report to the Town reviewing body upon its consi deration of the
application f or new property development;
(c) W hen developm ent impacts are wi thin the dri pline of or wi ll affect any protect ed tree, the applicant shall provide a tree preserv ation report prepared
by a certified or consulting arborist. The report, based on the findings of the tree surv ey plan and other relevant inf ormation, shall be used to determine the
health and structure of exi sting trees, the eff ect s of the proposed dev elopm ent and v egetation removal upon the trees, recommendations f or specific
precautions necessary f or their preserv ation duri ng all phases of development (dem olition, grading, during construction, landscaping); and shall also
indicat e which trees are proposed f or rem oval. T he tree preservation report shall stipulat e a required tree protection zone (TPZ) for trees to be
retained, including street trees, protected trees and trees whose canopies are hanging over the projec t site f rom adjacent properties. T he T PZ shall be
f enced as specified in section 29.10.1005:
(1) T he final approv ed tree preservation report shall be included in the building permit set of development plans and printed on a sheet titled:
T ree Preservation Instructi ons (Sheet T -1). Sheet T-1 shall be ref erenced on all relevant sheets (civil, dem olition, uti lity, landscape,
irrigation) where tree im pacts from improvem ents m ay be shown to occur;
(2) T he T own rev iewing body through its site and design plan review shall endeav or to protect all trees recommended f or preservation by the
Town’s consulting arborist. The Town reviewing body m ay determine if any of the trees recomm ended for preserv ation should be rem oved, if
based upon the evidence submitt ed the reviewing body determines that due to special site grading or other unusual characteristics
associated wi th the property, the preserv ation of the tree(s) would significantly preclude feasible development of the propert y as described in
section 29.10.0990;
(3) Approv al of final site or landscape plans by the appropriat e T own rev iewi ng body shall comply wit h the foll owi ng requirem ent s and conditions of
approv al:
a. T he applicant shall, wi thin ninety (90) days of final approv al or prior to issuance of a grading or building permit, whichev er oc curs
first, secure an appraisal of the condition and v alue of all trees inc luded in the tree report affected by the dev elopm ent that are required to
rem ain within the development using the T ree Value Standard m ethodology as set f orth in this Chapter. The appraisal of each tree shall
recognize the location of the tree in the proposed dev elopment. The appraisal shall be performed in accordance wi th the current edition of
the Guide f or Plant Apprai sal published by the Council of T ree and Landscape Appraisers (CT LA) and the Species and Group Classification
Guide published by the W estern Chapter of the International Societ y of Arboriculture. T he appraisal shall be perf ormed at the applicant's
expense, and the appraisal shall be subject to the Director's approv al.
b. T he site or landscape plans shall indicate which trees are to be rem oved. However, the plans do not constitute approval to rem ove a
tree until a separate permit is granted. T he property owner or applicant shall obtain a protected tree remov al permit, as outlined in section
29.10.0980, f or each tree to be rem ov ed to satisf y the purpose of this divisi on.
(d) Prior to acceptance of proposed dev elopm ent or subdivision im provements, the developer shall submit to the Director a final tree preserv ation
report prepared by a certified or consulting arborist. This report shall consider all trees that wer e to remain wit hin the dev elopm ent . T he report shall note
the trees' health in relation to the ini tiall y reported condition of the trees and shall note any changes in the trees' num bers or physical conditions. T he
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applicant wi ll then be responsi ble f or the loss of any tree not previously approved f or removal. For protected trees, which were rem ov ed, the
dev eloper shall pa y a penalty in the am ount of the appraised v alue of such tree in addition to replacem ent requirements contained in section
29.10.0985 of this Code. T he applicant shall remain responsible f or the health and survival of all trees wi thin the development for a period of five (5) years
f oll owi ng acceptance of the public im provem ent s of the dev elopment or certificat e of occupancy.
(e) Prior to issuance of any dem olition, gr ading or building permit, the applicant or contractor shall submit to the Buil ding Departm ent a written
statem ent and photographs v erif ying that the required tree protection f ence is installed around street trees and protected trees in accordance with the tree
preservation report.
(f) If required by the Director and conditioned as part of a di scretionary approval, a security guarantee shall be prov ided to the T own. Prior to the
issuance of any permit all owing construction to begin, the applicant shall post cash, bond or other security satisf actory to the Director , in the penal
sum of five thousand dollars ($5,000.00) f or each tree required to be preserv ed, or twenty-fiv e thousand dollars ($25,000.00), whichever is less. T he
cash, bond or other security shall be retained f or a period of one (1) year f oll owing acceptanc e of the public improvements f or the developm ent and shall
be f orf eited in an am ount equal to fiv e thousand dollars ($5,000.00) per tree as a civil penalt y in the ev ent that a tree or trees required to be preserv ed
are rem ov ed, destroyed or severel y damaged.
(g) An applicant wit h a proposed dev elopment which requires underground utilities shall av oid the inst allation of said utilities wit hin the dripline of
existing trees whenev er possi ble. In the ev ent that this is unav oidable, all trenching shall be done using directional bori ng, air-spade excavation or by hand,
taking extrem e caution to avoid dam age to the root structure. W ork within the dripline of existing trees shall be supervised at all times by a certified or
consulting arborist.
(h) It shall be a violation of thi s division f or any propert y owner or agent of the owner to fail to com ply with any development approval condition
concerning preserv ation, protec tion, and m aintenance of any protected tree.
(Ord. No. 2114, §§ I, II, 8-4-03)
Sec. 29.10.1005. Protection of trees during construction.
(a) Protectiv e tree f encing shall specif y the f ollowing:
(1) Size and m aterials. Six (6) f oot high chain link fencing, m ounted on two-inch diameter galv anized iron posts, shall be driven into the ground
to a depth of at least two (2) f eet at no m or e than 10-f oot spacing. For paving area that will not be dem olished and wh en stipulated in a tree
preserv ation plan, posts m ay be supported by a concrete base.
(2) Area t ype to be f enced. T ype I: Enclosure with chain link fencing of either the entire dripline area or at the tree protection zone (TPZ), when
spec ified by a certified or consulting arborist. Type II: Enclosure f or street trees located in a planter strip: chain link fence around the entire
planter strip to the outer branches. Type III: Protection for a tree located in a sm all planter cutout only (such as downtown): orange plast ic
f encing shall be wrapped around the trunk from the ground to the first branch with 2-inc h wooden boards bound securely on the outside.
Caution shall be used to avoid dam aging any bark or branches.
(3) Duration of Type I, II, III f encing. Fencing shall be erected bef ore dem olition, grading or construction permits are issued and rem ain in
place until the wor k is com pleted. Contractor shall first obtain the approval of the project arborist on record prior to rem oving a tree protection
f ence.
(4) W arning sign. Each tree fence shall have prominentl y displayed an 8.5 x 11-inch sign stating: "W arning—T ree Protection Zone-this f ence shall
not be rem oved and is subject to penalt y according to Town Code 29.10.1025".
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(b) All persons, shall com ply with the f ollowing precautions:
(1) Prior to the commencem ent of construction, inst all the f ence at the dri pline, or tree protection zone (TPZ ) when specified in an approv ed arborist
report, around any tree and/or v egetation to be retained which could be affected by the construction and prohibit any storage of construction
materials or other m aterial s, equipment cleaning, or parking of vehicles wi thin the TPZ. T he dripline shall not be altered in any way so as to
increase the encroachment of the construction.
(2) Prohibit all construction activities within the TPZ, including but not limited to: excavation, grading, drainage and lev eling wi thin the dripline of
the tree unless approv ed by the Director.
(3) Prohibit disposal or deposi ting of oil, gasoline, chemicals or other harmf ul m aterials wit hin the dripline of or in drainage channels, swales or
areas that m ay lead to the dri pline of a protected tree.
(4) Prohibit the attachm ent of wires, signs or ropes to any pr otected tree.
(5) Design utility services and irrigation lines to be located outsi de of the dripline when f easi ble.
(6) Retain the serv ices of a certified or consulting arborist who shall serv e as the project arborist for periodic monitoring of the project site and the
health of those trees to be preserved. The project arborist shall be present whe never activities occur which m ay pose a potential threat to the
health of the trees to be pr eserved and shall docum ent all site visits.
(7) T he Di rect or and project arborist shall be notified of any dam age that occurs to a protected tree during construction so that proper treatment m ay
be admini stered.
(Ord. No. 2114, §§ I, II, 8-4-03)
Sec. 29.10.1010. Pruning and maintenance.
All pruning shall be in accordance with the current version of the International Societ y of Arboriculture Best Managem ent Practices—T ree Pruning
and ANSI A300-Part 1 T ree, Shrub and Other W oody Plant Managem ent—St andard Practices, (Pruning) and any special conditions as determined by the
Director. For developments, which require a tree preservati on report, a certif ied or consulting arborist shall be in reasonable charge of al l activities involving
protected trees, incl uding pruning, cabling and any other work if specified.
(1) Any public utility installing or m aintaining any overhead wires or underground pi pes or conduits in the vicinity of a protect ed tree shall obtai n
permission from the Director before performing any work, including pruning, which m ay cause injury to a protected tree. (e.g. cable TV/fiber optic
trenching, gas, water, sewer trench, etc.).
(2) Pruning f or clearance of uti lity lines and energized conductors shall be perf ormed in com pliance wit h the current versi on of the American
National Standards Institute (ANSI) A300 (Part 1)- Pruning, Section 5.9 Utility Pruning. Using spikes or gaffs when pruning, ex cept where no
other alternative is available, is prohibited.
(3) No person shall prune, trim, cut of f, or perf orm any work, on a singl e occasion or cum ulativel y, over a three-year period, aff ecting twenty-five
percent or m ore of the crown of any protected tree without first obtaining a permit pur suant to this division ex cept f or pollarding of fruitless
mulberry trees (Morus alba) or other species approv ed by the T own Arborist. Applications f or a pruning permit shall include photographs indi cating
where pruning is proposed.
(4) No person shall rem ove any Heritage tree or large protected tree branch or root through pruning or other m ethod greater than four (4) inches in
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diameter (12.5” in circumference) wit hout first obtaining a permit pursuant to this division.
(Ord. No. 2114, §§ I, II, 8-4-03)
6.0 Tree Replacement Standards – Los Gatos Town Code
(Excerpted from Town Code 29.10.0985 and 29.10.0987)
(1) T wo (2) or m or e replacement trees, of a species and size desi gnated by the Director, shall be planted on the subject privat e property. T able 3-1
T he T ree Canopy—Replacem ent Standard shall be used as a basis for this requirem ent . The person requesti ng the perm it shall pay the cost
of purchasing and planting the replacement trees.
(2) If a tree or trees cannot be reasonabl y plant ed on the subject property, an in-lieu paym ent in an am ount set f ort h by the T own Council by
resolution shall be pai d to the Town Tree Replacement Fund to:
a. Add or replace trees on public propert y in the vicini ty of the subject propert y; or
b. Add or replac e trees or landscaping on ot her T own propert y; or
c. Support the Town’s urban f orestry managem ent program. (Ord. No. 2114, §§ I, II, 8-4-03)
T abl e 3-1 - T ree Canopy - Replacem ent Standard
Canopy Size of Removed Tree 1
(Staff is using 24” box size as the
Replacement Standard for SFR
Projects as of 2016 for
properties >10,000 sq.ft.) 2,4
Single Family Resi dential
Replacement for
Properties <10,000 sq.
ft.3,4
10 feet or less Two 24 inch box trees Two 15 gal lon trees
More than 10 feet to 25 f eet Three 24 inch box trees Three 15 gallon trees
More than 25 feet to 40 feet
Four 24 inch box
trees; or Two 36
inch box trees
Four 15 gal lon trees
More than 40 feet to 55 f eet
Six 24 inch box
trees; or Three
36 inch box
t
Not Available
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Greater than 55 feet
Ten 24 inc h box
trees; or Five 36
inch box trees
Not Available
Notes
1T o m easure an asymm etri cal canopy of a tree, the widest m easurem ent shall be used to determine canopy size.
2Of ten, it is not possible to replace a single large, older tree wit h an equivalent tree(s). In this case, the tree m ay be replaced wit h a com bination of
both the T ree Canopy Replacem ent Standard and in-lieu payment in an am ount set f ort h by T own Council resolution paid to the T own T ree
Replacem ent Fund.
3Single Famil y Residential Replacem ent Option is av ailable f or developed single f amily resi dential lot s under 10,000 square f eet that are not
subject to the Town’s Hillside Developm ent Standards and Guidelines. Al l 15-gallon trees m ust be planted on-site. Any in-lieu fees for singl e
family residential shall be based on 24” box tree rates as adopted by Town Council.
4Replacement Trees shall be approved by the T own Arborist and shall be of a species suited to the available planting location, proximity to structures,
ov erhead clearances, soil type, com patibilit y with surrounding canopy and other relevant f actor s. Replacem ent wit h native species shall be strongl y
encouraged. Replacem ent requirements in the Hillsides shall com ply wi th the Hillside Developm ent Standards and Guidelines Appendix A and
Section 29.10.0987 Special Provisions--Hillsides.
Sec. 29.10.0987. Special Provisions—Hillsides
T he T own of Los Gatos recognizes its hillsides as an im portant natural resource and sensi tive habitat which is also a key com ponent of the
T own’s identity, character and charm . In order to maintain and encourage restoration of the hill si de env ironm ent to its natural state, the Town
has established the f oll owing special provisions f or tree rem oval and replacement in the hillsides:
(1) All protected trees locat ed 30 or m or e f eet from the prim ary residence that are rem oved shall be replaced with native trees listed in Appendix A
Recommended Native Trees for Hillside Areas of the Town of Los Gatos Hillside Development Standards and Guidelines (HDS&G).
(2) All protected trees located wit hin 30 f eet of the primary residence that are remov ed shall be replaced as f ollows:
(a) If the rem oved tree is a native tree listed in Appendix A of the HDS&G, it shall onl y be replaced wit h a native tree listed in Appendix A of
the HDS&G.
(b) If the rem oved tree is not listed in Appendix A, i t m ay be replaced wit h a tree listed in Appendix A, or replaced with another species of
tree as approved by the Director.
(c) Replacem ent trees list ed in Appendix A m ay be planted anywhere on the property.
(d) Replacement trees not listed in Appendix A m ay only be planted withi n 30 f eet of the primary residence.
(3) Replacem ent requirem ents shall com ply wit h the requirem ents in T abl e 3-1 Tree Canopy Replacement Standard of thi s Code.
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(4) Propert y owner s should be encouraged to ret ain dead or declining trees where they do not pose a safety or fire hazard, in order to foster wi ldlife
habitat and the natural renewal of the hillside environment.
7.0 Author’s Qualifications
• Continued education through The American Society of Consulting Arborists, The International Society of Arboriculture (Western Chapter), and
various governmental and non-governmental entities.
• Contract Town Arborist, Town of Los Gatos, California
Community Development Department / Planning Division
2015-present
• Tree Risk Assessment Qualified (ISA TRAQ Course Graduate, Palo Alto, California)
• Millbrae Community Preservation Commission (Tree Board)
2001-2006
• ASCA Registered Consulting Arborist #401
• ASCA Arboriculture Consulting Academy graduate, class of 2000
• Associate Consulting Arborist
Barrie D. Coate and Associates
4/99-8/99
• Contract City Arborist, City of Belmont, California
Planning and Community Development Department
5/99-5/20 (21 years)
• ISA Certified Arborist #WE-3172A
• Peace Corps Soil and Water Conservation Extension Agent
Chiangmai Province, Thailand 1991-1993
• B.A. Environmental Studies/Soil and Water Resources
UC Santa Cruz, Santa Cruz, California 1990
UCSC Chancellor’s Award, 1990
(My full curriculum vitae is available upon request)
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8.0 Assumptions and Limiting Conditions
Any legal description provided to the consultant/appraiser is assumed to be correct. Any titles and ownership to any property are assumed to be good and
marketable. No responsibility is assumed for matters legal in character. Any and all property is appraised and evaluated as through free and clean, under
responsible ownership and competent management.
It is assumed that any property is not in violation of any applicable codes, ordinance, statutes, or other government regulations.
Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the consultant/appraiser can
neither guarantee nor be responsible for the accuracy of information provided by others.
The consultant/appraiser shall not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are
made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement.
Unless required by law otherwise, the possession of this report or a copy thereof does not imply right of publication or use for any other purpose by any other
than the person to whom it is addressed, without the prior expressed written or verbal consent of the consultant/appraiser.
Unless required by law otherwise, neither all nor any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to
the public through advertising, public relations, news, sales, or other media, without the prior expressed conclusions, identity of the consultant/appraiser, or
any reference to any professional society or institute or to any initiated designation conferred upon the consultant/appraiser as stated in his qualifications.
This report and any values expressed herein represent the opinion of the consultant/appraiser, and the consultant’s/appraiser’s fee is in no way contingent
upon the reporting of a specified value, a stipulated result, the occurrence of a subsequent event, nor upon any finding to be reported.
Sketches, drawings, and photographs in this report, being intended for visual aids, are not necessarily to scale and should not be construed as engineering
or architectural reports or surveys unless expressed otherwise. The reproduction of any information generated by engineers, architects, or other consultants
on any sketches, drawings, or photographs is for the express purpose of coordination and ease of reference only. Inclusion of said information on any
drawings or other documents does not constitute a representation by Walter Levison to the sufficiency or accuracy of said information.
Unless expressed otherwise:
a. information contained in this report covers only those items that were examined and reflects the conditions of those items at the time of inspection;
and
b. the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or
guarantee, expressed or implied, that problems or deficiencies of the plants or property in question may not arise in the future.
Loss or alteration of any part of this report invalidates the entire report.
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Arborist Disclosure Statement:
Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty
and health of trees, and attempt to reduce the risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to
seek additional advice.
Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Tree are living organisms that fail in ways we do not fully
understand. Conditions are often hidden within trees and below ground. Arborist cannot guarantee that a tree will be healthy or safe under all circumstances,
or for a specified period of time. Likewise, remedial treatments, like any medicine, cannot be guaranteed.
Treatment, pruning, and removal of trees may involve considerations beyond the scope of the arborist’s services such as property boundaries, property
ownership, site lines, disputes between neighbors, and other issues. Arborists cannot take such considerations into account unless complete and accurate
information is disclosed to the arborist. An arborist should then be expected to reasonably rely upon the completeness and accuracy of the information
provided.
Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with
trees is to eliminate the trees.
9.0 Certification
I hereby certify that all the statements of fact in this report are true, complete, and correct to the best of my knowledge and belief, and are made in good faith.
Signature of Consultant
Walter Levison
DIGITAL BADGES:
ISA CERTIFIED ARBORIST CREDENTIAL:
https://certificates.isa-arbor.com/f1918723-df46-48cc-ace2-c12625530fec?record_view=true
ISA TREE RISK ASSESSMENT QUALIFIED (TRAQ):
https://certificates.isa-arbor.com/d180515f-ab75-440b-9c66-106005e3cf10?record_view=true#gs.hpb30w
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10.0 Digital Images
Below: Digital Images by the CTA archived August, 2021
Tag # Image Tag # Image
21
21
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21
22
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22
Tree is located along Browns Lane.
23
This tree was severely pruned by PG&E to clear high voltage
wires and other equipment in the right of way. This severely
downgraded the tree’s structure and health.
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24
It appears that the root crown morphology of this tree was
compromised by presence of some growth impediment such as a curb
or patio (?) that was recently demolished prior to the CTA’s arrival on
site. It is quite possible that the tree is missing a large percentage of
its radially-extended woody roots (not verified). Tree stability is
currently not known, and outside the scope of this Town arborist report
writing assignment.
24
There is somewhat of an S-bend at height that may or may not
have been related to past topping pruning (?). It is possible that
the tree could have been completely topped in the past, and then
regrew with a new mainstem and canopy above that cut point
(see the uppermost portion of this image).
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25
The Raywood ash species is in decline throughout the Bay Area since
maybe 10 to 15 years ago, when the Raywood ash decline syndrome
was noticed by UC Cooperative Extension agents working with urban
forest trees. It is quite possible that this tree will continue to decline
and die outright within 1 to 5 years, from the date of writing.
26
This tree is a low value evergreen species.
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27
27
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28
28
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Walter Levison 2021 All Rights Reserved
11.0 Tree Data Table
NOTE 1: Fruit and nut trees measuring less than 18” diameter (total of all mainstems), including fruiting olive trees, both on the site and on adjacent
neighbor properties are excluded from the CTA’s tree studies as “exemption trees” per the Town tree ordinance.
NOTE 2: Tree conservation suitability ratings (CSR) are now based on the 2016 version of Best Management Practices: Managing Trees During
Construction, 2nd Edition, published by the International Society of Arboriculture. These ratings are linked to tree health, desirability, distance between tree
trunk edges and construction impacts such as root cuts and graded fill soil as shown on the applicant’s current-proposed set of plan sheets, species’
tolerance to construction impacts, etc. See the worksheet at the end of this data table for the full breakdown of TCS rating determinations and definitions.
Adjustments to the applicant’s proposed plans which would boost the TCS ratings up to ‘Moderate’ or ‘Good’ are noted in the CTA’s Table 1.0(a) Summary
above in this report.
Tree Tag Number Genus &
Species
Common
Name Trunk1 Diameter Trunk2 Diameter Trunk3 Diameter Sum of All Trunk Diameters Height & Canopy Spread (Ft.) Health & Structural Rating (100% Each) Overall
Condition
Rating
(0 to
100%) (R)emove Tree (S)ave Tree Tree Conservation Suitability Ratings (TCS) Lopsided Canopy (note direction) Trunk Lean (note direction) Girdling Roots Root Flares Buried in Fill Soil Pests and Disease Presence, and Other Notes MAINTENANCE AND PROTECTION 21 Quercus
agrifolia
Coast live
oak 24 20 17 61 35/60 50/50 50% Fair X Poor X
Tree appears to be
owned by County or
Town of Los Gatos.
Tree root crown buried in
fill, and needs to be dug
out to unbury the flaring
buttress roots.
Bark beetle attack
appears to be causing
flux on lower trunk (see
photos by the CTA in
this report). Apply Astro
or other pesticide.
Tree has been
directionally pruned into
a “V” to clear overhead
high voltage electrical
wires.
Critical Root Zone =
Approx. 25 feet radius
Proposed driveway
subbase prep and base
prep excavation will
cause severe root loss if
the project does not use
alternative build specs.
TB, RPZ, W,
RCX, and use
triaxial or
biaxial geogrid
laid over
existing soil
grade within 25
feet of the
trunk edge, to
allow the entire
driveway
profile to be
built up over
the oak tree
root system
with little or no
loss of root
function. Use
of a geogrid
will also allow
us to eliminate
all subbase
prep such as
scarification or
recompaction.
Edging will
also need to be
zero-cut depth.
(“no-dig”
construction).
ASCA Registered Consulting Arborist #401 / ISA Tree Risk Assessment Qualified / ISA Certified Arborist #WE-3172A C ell: (415) 203-0990 / Email: walterslevisonjr@yahoo.com
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Walter Levison 2021 All Rights Reserved
Tree Tag Number Genus &
Species
Common
Name Trunk1 Diameter Trunk2 Diameter Trunk3 Diameter Sum of All Trunk Diameters Height & Canopy Spread (Ft.) Health & Structural Rating (100% Each) Overall
Condition
Rating
(0 to
100%) (R)emove Tree (S)ave Tree Tree Conservation Suitability Ratings (TCS) Lopsided Canopy (note direction) Trunk Lean (note direction) Girdling Roots Root Flares Buried in Fill Soil Pests and Disease Presence, and Other Notes MAINTENANCE AND PROTECTION 22 Quercus
agrifolia
Coast live
oak 14.1 - - 14.1 30/20 65/45 54% Fair X Mod North
east
North
east
Tree located on Browns
Lane, just 30” offset from
the existing road bed.
Trunk systems lean
north east due to
redwood #23 canopy
conflict/shading.
Tree has been liontailed
by the property owner to
remove lower and inner
live wood and foliage,
which has permanently
damaged the tree’s
health and structure.
TB, RPZ
fencing.
23 Sequoia
sempervirens
Coast
redwood 25.9 - - 25.9 30/25 35/30 33%
Poor X Poor
Tree is a remnant
parasol of foliage at
after having been top
pruned by PG&E to
remove the entire
mainstem and
canopy at 25 to 30
feet elevation.
Tree has a “poor”
tree conservation
suitability rating due
to its compromised
structure after
topping pruning.
Critical Root Zone =
12 feet radius offsets
for construction.
TB, RPZ,
Heavy Water
ASCA Registered Consulting Arborist #401 / ISA Tree Risk Assessment Qualified / ISA Certified Arborist #WE-3172A C ell: (415) 203-0990 / Email: walterslevisonjr@yahoo.com
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Walter Levison 2021 All Rights Reserved
Tree Tag Number Genus &
Species
Common
Name Trunk1 Diameter Trunk2 Diameter Trunk3 Diameter Sum of All Trunk Diameters Height & Canopy Spread (Ft.) Health & Structural Rating (100% Each) Overall
Condition
Rating
(0 to
100%) (R)emove Tree (S)ave Tree Tree Conservation Suitability Ratings (TCS) Lopsided Canopy (note direction) Trunk Lean (note direction) Girdling Roots Root Flares Buried in Fill Soil Pests and Disease Presence, and Other Notes MAINTENANCE AND PROTECTION 24 Sequoia
sempervirens
Coast
redwood 46.1 - - 46.1 70/45 40/30 34%
Poor X Poor
Some buttress roots may
be missing on north side
of root crown where
there is an anomaly due
to the assumed past
presence of curbwork or
other impediment that
prevented the tree from
extending normal radial
roots.
Tree is being well-
irrigated by owner. Live
twig extension and foliar
density is poor.
South side of canopy
was removed by PG&E
to clear high voltage
wires between roughly
30 and 50 feet above
grade.
TB, RPZ,
Heavy Water.
Fencing
should be
erected at
roughly 15 to
25 feet
minimum
radius from
trunk edge in
all directions.
25
Fraxinus
‘Raywood’
NEIGHBOR
TREE
Raywood
ash 16 - - 16 30/40 30/30 30%
Poor X Poor
Tree overhangs the
project area by at least
15 to 20 horizontal feet.
Trunk located on
neighbor property.
Species is not a good
choice for long term
preservation due to
susceptibility to decline
and death from Raywood
ash decline syndrome.
Live twig extension and
foliar density is currently
very poor to poor.
No protection is needed,
as this area of site is
already built out and is
to remain as-is.
n/a
ASCA Registered Consulting Arborist #401 / ISA Tree Risk Assessment Qualified / ISA Certified Arborist #WE-3172A C ell: (415) 203-0990 / Email: walterslevisonjr@yahoo.com
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Site Address: 17294 Wedgewood, Los Gatos, CA Version: 9/9/2021
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Walter Levison 2021 All Rights Reserved
Tree Tag Number Genus &
Species
Common
Name Trunk1 Diameter Trunk2 Diameter Trunk3 Diameter Sum of All Trunk Diameters Height & Canopy Spread (Ft.) Health & Structural Rating (100% Each) Overall
Condition
Rating
(0 to
100%) (R)emove Tree (S)ave Tree Tree Conservation Suitability Ratings (TCS) Lopsided Canopy (note direction) Trunk Lean (note direction) Girdling Roots Root Flares Buried in Fill Soil Pests and Disease Presence, and Other Notes MAINTENANCE AND PROTECTION 26
Evergreen
species
(not verified)
Probably
Juniperus or
Cupressus
Evergreen
tree species
(not
verified)
Low-value
tree species
8.7 5.8 - 14.5 23/15 40/30 33%
Poor X Poor
Tree has been severely
pruned back to clear
existing overhead
electrical drop wire, etc.
Poor to moderate live
twig extension and foliar
density.
Bark inclusion type fork
noted at 2 feet elevation.
This is a low-value tree
species in poor overall
condition rating.
TB, RPZ, Water
ASCA Registered Consulting Arborist #401 / ISA Tree Risk Assessment Qualified / ISA Certified Arborist #WE-3172A C ell: (415) 203-0990 / Email: walterslevisonjr@yahoo.com
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Site Address: 17294 Wedgewood, Los Gatos, CA Version: 9/9/2021
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Walter Levison 2021 All Rights Reserved
Tree Tag Number Genus &
Species
Common
Name Trunk1 Diameter Trunk2 Diameter Trunk3 Diameter Sum of All Trunk Diameters Height & Canopy Spread (Ft.) Health & Structural Rating (100% Each) Overall
Condition
Rating
(0 to
100%) (R)emove Tree (S)ave Tree Tree Conservation Suitability Ratings (TCS) Lopsided Canopy (note direction) Trunk Lean (note direction) Girdling Roots Root Flares Buried in Fill Soil Pests and Disease Presence, and Other Notes MAINTENANCE AND PROTECTION 27 Sequoia
sempervirens
Coast
redwood 32 27 - 59 90/35 46/55 50% Fair X Mod
Moderate overall live
twig extension and foliar
density.
Tree exhibits two
mainstems with normal
wide fork at 1 to 2 feet
elevation.
Lignotuber bulges out to
at least 2 or 3 feet from
centerpoint of the
massing. Owner is
providing good “heavy”
irrigation to the tree at
time of writing, which is
great, as these coast
redwoods do require
100’s of gallons of
irrigation each month
year-round to thrive,
especially when root
systems will be
compromised to some
degree during
construction.
Critical root zone is
roughly 20 feet radius for
construction offsets. The
finalized position of the
new basement and
foundation work will
apparently be at or
farther than this
distance, per my
discussion with owner at
site.
Note canopy has been
limbed up to 23 feet
elevation, which is
already “excessive”.
TB, RPZ , and
Heavy Water
(Irrigation)
If possible,
fence off the
entire north
side of the
property to
prevent all
access by
contractors, so
that this tree’s
root system
impacts will be
minimized and
all
construction
material and
vehicle
movement and
storage will
occur
southward of
the proposed
new main
residence
basement
excavation
edge.
ASCA Registered Consulting Arborist #401 / ISA Tree Risk Assessment Qualified / ISA Certified Arborist #WE-3172A C ell: (415) 203-0990 / Email: walterslevisonjr@yahoo.com
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Site Address: 17294 Wedgewood, Los Gatos, CA Version: 9/9/2021
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Walter Levison 2021 All Rights Reserved
Tree Tag Number Genus &
Species
Common
Name Trunk1 Diameter Trunk2 Diameter Trunk3 Diameter Sum of All Trunk Diameters Height & Canopy Spread (Ft.) Health & Structural Rating (100% Each) Overall
Condition
Rating
(0 to
100%) (R)emove Tree (S)ave Tree Tree Conservation Suitability Ratings (TCS) Lopsided Canopy (note direction) Trunk Lean (note direction) Girdling Roots Root Flares Buried in Fill Soil Pests and Disease Presence, and Other Notes MAINTENANCE AND PROTECTION 28 Sequoia
sempervirens
Coast
redwood 30.1 - - 30.1 85/30 35/20 26%
Poor X Poor
Irrigation status of this
tree is not known, since
the root system is
located under a gravel-
surfaced open soil type
driveway that has
received decades of
motor vehicle travel, but
is probably at
background low
compaction rate.
Scaffold limbs have been
removed to 25 feet
elevation. The majority of
the remaining scaffold
limbs are in “downward
drooping orientation”,
due to a rare, genetically-
controlled morphology
which has caused the
tree to develop a very
narrow diameter canopy.
The tree is expected to
survive construction, if
site plan contractors are
restricted from
accessing this
northmost area of the
property (i.e. if all
ingress/egress via
Browns Lane is
prohibited).
Regular heavy irrigation
may or may not help
boost the tree’s overall
live twig extension and
foliar density (“TDE”).
Very heavy irrigation has
improved TDE of subject
coast redwood
specimens in the past.
TB, and Very
Heavy
Irrigation.
Prohibit
contractor
access via
Browns Lane.
Restrict all site
work,
ingress/egress,
etc. to the
Wedgewood
side of site
only. Toward
this end, Town
Staff may want
to require that
a chain link
exclusion
fence be
erected in an
east-west
orientation
across the
entire width of
the property,
as a barrier
between the
existing “ADU”
residence and
the proposed
main residence
construction
area.
ASCA Registered Consulting Arborist #401 / ISA Tree Risk Assessment Qualified / ISA Certified Arborist #WE-3172A C ell: (415) 203-0990 / Email: walterslevisonjr@yahoo.com
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Site Address: 17294 Wedgewood, Los Gatos, CA Version: 9/9/2021
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Overall Tree Condition Ratings / Breakdown of Numeric Ranges (New, Per Guide for Plant Appraisal, 10th Edition):
00 - 05% = Dead
06 - 20% = Very Poor
21 – 40% = Poor
41 – 60% = Fair
61 – 80% = Good
81 – 100% = Exceptional
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Tree Conservation Suitability (TCS) Ratings 1
A tree’s suitability for conservation is determined based on its health, structure, age, species and disturbance tolerances, proximity to proposed cutting and
filling, proximity to proposed construction or demolition, and potential longevity, using a scale of good, fair, or poor (Fite, K, and Smiley, E. T., 2016). The
following list defines the rating scale. Note that if proposed site work can be offset to farther linear distances from a tree’s trunk edge, a tree’s TCS rating may
be elevated by one rating tier, given that there would be a corresponding reduction in expected future root zone impacts.
TPS Ratings Range of values
Good 80-100 Trees with good health, good structural stability and good expected longevity after construction.
Moderate 60-79
Trees with fair health and/or structural defects that may be mitigated through treatment. These trees
require more intense management and monitoring, before, during, and after construction, and may have
shorter life expectancy after development.
Poor <59
Trees are expected to decline during or after construction regardless of management. The species or
individual may possess characteristics that are incompatible or undesirable in landscape settings or
unsuited for the intended use of the site.
TCS Ratings Worksheet Factors (Total Possible: 100 Points)
Health (1-15)
Root Cut/Fill Distance from Trunk (1-15)
Structure Defects (1-15)
Construction Tolerance of the tree species (1-15)
Age relative to typical species lifespan (1-10)
Location of construction activity (1-10)
Soil quality/characteristics (1-10)
Species desirability (1-10)
1 Derived from Fite and Smiley, 2016. Best Management Practices: Managing Trees During Construction, 2nd Edition. International Society of Arboriculture.
ASCA Registered Consulting Arborist #401 / ISA Tree Risk Assessment Qualified / ISA Certified Arborist #WE-3172A C ell: (415) 203-0990 / Email: walterslevisonjr@yahoo.com
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Tree Maintenance and Protection Codes Used in Data Table:
RPZ: Root protection zone fence, chain link, with 2" diameter iron posts driven 24" into the ground, 6 to 8 feet on center max. spacing. Alternative material:
chain link fence panels set over concrete block-type footings, with the fence panels wired to steel pins pounded 24 inches into the ground at both ends of each
panel.
RB: Root buffer consisting of wood chip mulch lain over existing soil as a 12 inch thick layer, overlain with 1 inch or greater plywood strapped together with
metal plates. This root buffer or soil buffer should be placed over the entire width of the construction corridor between tree trunks and construction.
RP: Root pruning. Prune woody roots measuring greater than or equal to 1 inch diameter by carefully back-digging into the soil around each root using small
hand tools until an area is reached where the root is undamaged. Cleanly cut through the root at right angle to the root growth direction, using professional
grade pruning equipment and/or a Sawzall with wood pruning blade. Backfill around the cut root immediately (same day), and thoroughly irrigate the area to
saturate the uppermost 24 inches of the soil profile.
BDRP: Back-dig root pruning: Hand-dig around the broken root, digging horizontally into the open soil root zone until a clean, unbroken, unshattered section of
the root is visible. Proceed as per ‘root pruning’.
RCX: Root crown excavation. Retain an experienced ISA-Certified arborist to perform careful hand-digging using small trowels or other dull digging tools to
uncover currently-buried buttress root flares. Digging shall occur between trunk edge and at least two (2) feet horizontal from trunk edge. The final soil
elevation will be at a level such that the tree’s buttress roots visibly flare out from the vertical trunk.
TB: Trunk buffer consists of 20-40 wraps of orange plastic snow fencing to create a 2 inch thick buffer over the lowest 8 feet of tree trunk (usually takes at least
an entire roll of orange fencing per each tree). Lay 2X4 wood boards vertically, side by side, around the entire circumference of the trunk. Secure buffer using
duct tape (not wires).
F: Fertilization with slow-release Greenbelt 22-14-14 tree formula, as a soil injection application using a fertilizer injection gun. This brand and formulation is
commonly used by reputable tree care companies in the Bay Area. Apply at label rate and injection hole spacing.
M: 4-inch thick layer of chipper truck type natural wood chips (example source: Lyngso Garden Supply, self pick-up). Do not use bark chips or shredded
redwood bark.
W: Irrigate using various methods to be determined through discussion with General Contractor. Irrigation frequency and duration to be determined through
discussion and/or per directions in this report. Native oak species typically require 1x/month irrigation, while other tree species tend to prefer 2x/month or
4x/month moderate to heavy irrigation during construction.
P: Pruning per specifications noted elsewhere. All pruning must be performed only under direct site supervision of an ISA Certified Arborist, or performed
directly by an ISA Certified Arborist, and shall conform to all current ANSI A300 standards.
MON: A Project Arborist must be present to monitor specific work as noted for each tree.
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12.0 Tree Location & Protection Fence Map Mark-up by the Applicant and the CTA
The CTA marked up the applicant’s sheet A-1.0 site plan dated March, 2021 by Lazari Design of San Jose, California as the basis for the tree location map
markup on the following page of this CTA arborist report.
The CTA added the following items to this plan sheet for reference purposes:
a. Trunk plot dots are enlarged as black circles.
b. (Tree canopies were already indicated by the architect, and are somewhat accurate in terms of true scale radius and diameter).
c. Yellow highlighting indicates the applicant’s proposed subterranean basement excavation cut daylights (farthest extent). The applicant has expressed to
the CTA during his field visit that a 3rd round submittal set has been sent to Town of Los Gatos, showing a farther offset distance between redwood #27
edge of trunk massing, and the proposed garage limit of excavation, such that the new limit of excavation is roughly 18 linear feet from the trunk base
edge (i.e. roughly the Critical Root Zone offset distance from trunk edge), which is good.
d. Magenta highlight indicates the author’s approximate proposed area where triaxial geogrid should be laid down over the soil surface to provide increased
load capacity and allow for what is known as a “no dig” (floating) type driveway design where the entire set of layered materials is literally built up over
existing soil grade elevation, avoiding excavation and avoiding subbase scarification and recompaction, which will help preserve and protect tree roots
extended from redwood #27.
e. The red dashed lines indicate the CTA’s suggested routing for chain link tree root protection zone fencing, to optimize tree root preservation and
protection. At the time of writing, it is not entirely clear whether all of the suggested routes can be effectively installed without hindering proposed main
residence construction, staging, storage, ingress, egress, etc.
This is a subject for further discussion with the applicant, since the more square footage we can protect behind chain link fencing, the better the root
systems around trees #21, 22, 23, 24, 25, 26, 27, and #28 will be preserved and protected during construction.
From the CTA’s perspective, ideal tree root protection and preservation for redwoods #27 and #28 would require that the entire north 1/3 of the property
would have to be literally fenced off with a single length of chain link fencing to block all contractor access to the existing small residence and its existing
parking areas north and east of the small residence. However, it is simply not clear at the time of writing whether this is feasible, given the large size of the
proposed new residence and the extent of proposed excavation and construction.
At the very least, it would be beneficial if Town Staff could prepare a planning division condition of approval (COA) that prohibits all ingress/egress by
contractors via Browns Lane.
Below: Tree Map Markup by the CTA Version 9/9/2021
ASCA Registered Consulting Arborist #401 / ISA Tree Risk Assessment Qualified / ISA Certified Arborist #WE-3172A C ell: (415) 203-0990 / Email: walterslevisonjr@yahoo.com
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Walter Levison 2021 All Rights Reserved
13.0 Attached Below: Appraisal Worksheet by the CTA
Appraisal information was prepared using the 10th edition of the Guide for Plant Appraisal,
2nd Printing (2019). The dollar values of each survey tree derived from these calculations
are useful in helping determine the monetary fines for construction team violations of the
Town of Los Gatos tree ordinance, and for other Town Staff purposes. For instance, if a
tree is found by an ISA Certified Arborist (e.g. the Project Arborist, or the Contract Town
Arborist) to be “50% damaged” in terms of below and/or above-ground losses to structure
and/or health (vigor), the fine assessed on the construction team might be calculated as
50% of the tree’s appraised dollar value.
Walter Levison, Consulting Arborist <walterslevisonjr@yahoo.com> Cell: (415) 203-0990 1 of 2
Line 9 Line 10 Line 11 Tree Tag #Name (Initials)WCISA Speces Group Classification Booklet PageHealth (Weighted 0.15)Structure (Weighted 0.70)Form (Weighted 0.15)Overall Condition Rating (OCR) "Weighted Method" Diameter Inches at 4.5 ft. Above GradeFunctional LimitationsExternal LimitationsWCISA Species Group NumberTrunk Square Inches for Replacement-Size Specimen of This SpeciesAverage SF Bay Area Cost of 24 Inch Box Tree (2019)(UTC) Unit Tree Cost per Sq Inch (M Divided by L)Trunk Area (TA) ((dia. x dia.) x 0.785)Basic Functional Replacement Cost (BFRC) = (OxN)Depreciated Functional Replacement Cost (DFRC) = PxGxIxJRounded-off Appraised Values21 Qa 30 0.5 0.5 0.6 52%multi stem
total 50%90%3 3.8 $250.00 $65.79 987.00 64,934$ 15,049$ $15,000
22 Qa 30 0.65 0.45 0.7 52%14.1 50%90%3 3.8 $250.00 $65.79 156.07 10,267$ 2,391$ $2,390
23 Ss 34 0.35 0.3 0.4 32%25.9 40%90%4 4.75 $250.00 $52.63 526.59 27,715$ 3,218$ $3,220
24 Ss 34 0.4 0.3 0.6 36%46.1 60%90%4 4.75 $250.00 $52.63 1668.29 87,805$ 17,069$ $17,100
25 FR 16 0.3 0.3 0.6 35%16 50%90%2 2.24 $250.00 $111.61 200.96 22,429$ 3,482$ $3,480
26 Tree
sp.n/a 0.4 0.3 0.4 33%multi stem
total 60%90%2 2.24 $250.00 $111.61 81.00 9,040$ 1,611$ $1,610
27 Ss 34 0.46 0.55 0.7 56%multi stem
total 70%90%4 4.75 $250.00 $52.63 430.00 22,632$ 7,970$ $8,000
Valuation Appraisal Worksheet Based on Guide for Plant Appraisal, 10th Edition , 2nd Printing (2019)
"Functional Replacement Method / Trunk Formula Technique"
17291 Wedgewood, Los Gatos, CA 9/9/2021
Depreciation Factors
Walter Levison, Consulting Arborist <walterslevisonjr@yahoo.com> Cell: (415) 203-0990 2 of 2
Line 9 Line 10 Line 11 Tree Tag #Name (Initials)WCISA Speces Group Classification Booklet PageHealth (Weighted 0.15)Structure (Weighted 0.70)Form (Weighted 0.15)Overall Condition Rating (OCR) "Weighted Method" Diameter Inches at 4.5 ft. Above GradeFunctional LimitationsExternal LimitationsWCISA Species Group NumberTrunk Square Inches for Replacement-Size Specimen of This SpeciesAverage SF Bay Area Cost of 24 Inch Box Tree (2019)(UTC) Unit Tree Cost per Sq Inch (M Divided by L)Trunk Area (TA) ((dia. x dia.) x 0.785)Basic Functional Replacement Cost (BFRC) = (OxN)Depreciated Functional Replacement Cost (DFRC) = PxGxIxJRounded-off Appraised Values
Valuation Appraisal Worksheet Based on Guide for Plant Appraisal, 10th Edition , 2nd Printing (2019)
"Functional Replacement Method / Trunk Formula Technique"
17291 Wedgewood, Los Gatos, CA 9/9/2021
Depreciation Factors
28 Ss 34 0.35 0.2 0.6 28%30.1 70%90%4 4.75 $250.00 $52.63 711.22 37,433$ 6,662$ $6,700
Total Appraised
Value of the
Study Trees
Proposed to be
Retained and
Protected
$57,500
Notes:
1. OVERALL CONDITION RATING RANGE per the new 10th edition, 2nd Printing, of Guide for Plant Appraisal (2019):
Excellent: 81-100%
Good: 61-80%
Fair: 41-60%
Poor: 21-40%
Very Poor: 6-20%
Dead: 0-5%
2. MULTI STEM TREES: For trees with multiple mainstems, the total of all mainstem cross sectional areas was used as the "trunk area" calculation. For trees with mainstems larger than
30 inches diameter each, an "adjusted trunk area" or "ATA" value is used, from a table of values in the older 9th edition of the Guide for Plant Appraisal.The ATA value is smaller than the actual
trunk diameter, and brings the tree's appraised dollar value down to a more "reasonable" level.
3. NEIGHBOR TREES: For neighbor-owned trees that were not accessible by the CTA, the trunk diameter was estimated from a distance to the best of the CTA's ability.
4. CONDITION RATINGS / APPRAISAL TABLE VS. DATA TABLE: Because of the new appraisal methods outlined in the 2019 edition of the Guide for Plant Appraisal, 10th edition 2nd printing,
the condition ratings calculated in the "Overall Condition Rating / Weighted Method" column, and the data noted in the health and structure columns of this spreadsheet (with calculations
embedded), may in some cases be slightly different from data in the CTA's arborist report tree data table. The CTA attempted to keep overall condition rating values as consistent as possible
between the two data tables (i.e. the appraisal data table and the tree data table in the arborist report).
Hi Young and Tai,
Thank you for leaving your building plan information with my son Will, who lives around the corner from my house. I looked over
the plans and, although I cannot see the dimensions due to the tiny size and poor quality printing, I do have some comments and a
request for you to consider. (I would like to see a clearer version of the plans where the dimensions are readable, if that is possible.)
What I am asking is that you consider revising your plans to make your main home a one-story home. You have a large lot that can
easily accommodate both a 3,100 square foot single story home, and your existing little home that you refer to as a future ADU.
First, I want to say that we are happy to have you as neighbors. and we hope that you will want to stay in the neighborhood for
decades, as we have done. This is a wonderful neighborhood, and it has many great qualities that we would like to retain to the extent
possible, despite the many negative changes that have been coming statewide and in neighboring cities. We consider you and your
wife to be the perfect addition to our great neighborhood.
One of the best things about our little neighborhood is the privacy and quiet that we enjoy. You may have noticed that all of the
homes within our small area are one-story homes. I love that characteristic of our area. as we do not have others peering into our
yards, or into our homes, as happens with 2 story homes that are built close to one another. Yes. there are a number of 2 story homes
behind us that are backed up against the freeway. And there are some further down toward Wimbledon Drive, but again, all but one of
those homes are on lots that are backed up against the freeway. Two story homes being backed up against the freeway is actually a
good thing, as it helps block some of the freeway noise from coming to our homes and yards.
I was here before the freeway went in. It was so quiet then. You would have sworn that you lived in the country. There
were no noises other than an occasional child's voice or a dog barking. Now, there is some level of freeway nolse. As I
discovered, freeway noise is an unpredictable thing. I planted some 13 or 14 redwood trees along the 200+ feet of our property
line that is parallel to the freeway. This has absorbed a lot of freeway noise coming from that direction. I also recently built a
fence with the Gera neighbors along that boundary, which has provided additional sound reduction benefit. However, there is still
more freeway noise coming from the west. What I have noticed is that new structures can cause noise bounce, where it
increases the noise for the rest of us. It is not predictable, as far as I can see.
I have real concerns about starting to include 2 story houses in and around mine and other properties. If you put one in,
the neighbor behind you will undoubtedly feel that sets a precedent and then he will build one that is perched over my rear yard.
Again, I don't mind If he builds a 2 story on his lot that is up against the freeway, but I would be very upset if he builds one on the
lot right behind you.
So, let me comment on the beauty of a single story home. When my house was being built in 1991, the neighbors next door
(to the West) objected to the 2 story design that had been presented to the Town by the builder. They complained that they would
lose their privacy, that they would have a shadow on their home, that a 2 story home would be too imposing for the neighborhood.
A number of changes were made to the home to satisfy their concerns. One of them was that the house be a one story home.
That was the best decision that any contractor ever made. A smart realtor will tell you this, too, but everyone now seems to be
concerned with how many square feet they can get out of their lot. A lot of realtors seem to think a house should sell for a price per
square foot of living space. Well. maybe they are right. But, if you build a single story home, you will recognize that there are
special benefits to the single story. As the realtors will tell you, as you get older, you will start to have difficulty to climb the stairs to
the second floor. What a wonderful thing to be able to remain in your home after you start having that difficulty! I have stairs at my
office, and already, I really appreciate being at home where there are no stairs. In addition, you don't waste square footage with
stairways and extra hallways. There are less Issues with moving heavy furniture. Your house throws less of a shadow on your own
yard, as well as the yard of others. I have lived in both, and to me. a one story house is so much more comfortable than a 2 story
house.
Your property in particular is perfectly suited for a one story home. You have a very large lot, and lots of room if the space
is used intelligently. I see that someone already reduced the second story "to reduce perceived massing of the home and
to step down in scale towards the surrounding homes and streets." To me, this is a recognition that the one story house is
better. and especially that it is better in our little neighborhood. I am sure that others in the neighborhood will agree with
me after they realize what I am saying. I am asking you, to please consider changing from a 2 story house to a one story
house.
Thank you.
14330
14344
17231
14335
14333
14330
14301
17291
17245
17175
14314
14345
14365
14317
17405
17251
17211
17323
14331
14341
14355
14375
17159
14294
17311
14300
14350
17351 17331
14340
1726517275 17191
17391
WEDGEWOOD
HIGH
W
A
Y
8
5
BROWNSLA RINCONADAMULBERRYHIG
H
W
A
Y
8
5
Legend
Immediate Neighborhood
Subject Property
Existing Two-Story Residences
La Rinconada Golf Course
EXHIBIT 13
This Page
Intentionally
Left Blank
3568266826682668266826403050305026683768266826684026306830503050UPGENERAL NOTES
DN
WH2668
30808050
6990 60506050
2868
306864504060
6050
16486 266828683080 10060
5068 60503040506812'-7" x 11'-6"
11'-7" x 11'-6"
BEDROOM
OFFICE
UP
A
A
“
”
“
’
”
SITE PLAN
SCALE:1/8"=1'-0"
16486
2668 PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A1.0
MARCH 2021
SITE PLAN
VICINITY MAP
OWNER:
17291 WEDGEWOOD AVE.
ADDRESS:
LOS GATOS, CA
YOUNG KIM
-A NEW 2-STORY HOUSE
-CONVERTING EXISTING HOUSE TO AN ADU AS IS.
PER ARBORIST REPORT
EXHIBIT 14
PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A1.1
MARCH 2021
PHOTOS OF THE SITE
356826682668266826683050305026683768266826684026306830503050UPDN
WH2668
30808050
6990 60506050
2868
306864504060
6050
266828683080 10060
5068 60503040506812'-7" x 11'-6"
11'-7" x 11'-6"
BEDROOM
OFFICE
UP
A
A
FRONT ELEVATION
SCALE:3/16"=1'-0"
17291
(E) & (N)
(E) HOUSE TO BE CONVERTED TO ADU
SCALE:3/16"=1'-0"
SCALE:3/16"=1'-0"
PROPOSED HOUSE
(E) HOUSE TO REMAIN
CONVERTED TO ADU
PROPOSED FRONT ELEVATION
16486 PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A1.2
MARCH 2021
EXISTING & NEW
PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A1.3
MARCH 2021
FRONT SETBACK
JUSTIFICATION
1-Per approved plans for 17311 Wedgewood from 2011 permit # B00-000571:
Existing front setback 17.5'
2-Per approved plans for 17275 Wedgewood from 1992 permit # B23689:
Existing front setback 12'
PER SECTION 29.40.050 THE REQUIRED FRONT SETBACK IS:
(17.5+12)/2=14.75'
T-1APN: 409-14-013
CITY OF LOS GATOSSMP ENGINEERS17291 WEDGEWOOD AVE.
LOS GATOS
BASIS OF BEARINGS:
NOTE:
DISCLAIMER:
SITE BENCHMARK:
NOTES:
LEGEND
TOPOGRAPHIC SURVEY MAP
PRELIMINARY BOUNDARY AND
DN
WH2668
30808050
6990 60506050
2868
306864504060
6050
16486 266828683080 10060
5068 60503040506812'-7" x 11'-6"
11'-7" x 11'-6"
BEDROOM
OFFICE
UP
PROPOSED 1ST FLOOR PLAN
SCALE:1/4"=1'-0"AREA=1325.0 SF
A
A
BB
PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A2.0
MARCH 2021
PROPOSED 1ST FLOOR PLAN
203628254060
6060 6060 6060
266826682680
7050
60386038
9086
4080
20302668PROPOSED 2ND FLOOR PLAN
SCALE:1/4"=1'-0"AREA=1261.0 SF
BB
A
A PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A3.0
MARCH 2021
PROPOSED 2ND FLOOR PLAN
266826682868 2668
12068
UP
15'-6" x 7'-0"
SLAB 2040UP
PROPOSED BASEMENT FLOOR PLAN
SCALE:1/4"=1'-0"
BASEMENT
F.F. 91.0
PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A3.1
MARCH 2021
PROPOSED BASEMENT PLAN
FRONT ELEVATION
SCALE:3/16"=1'-0"
SCALE:3/16"=1'-0"
LEFT ELEVATION
RIGHT ELEVATION
SCALE:3/16"=1'-0"
REAR ELEVATION
SCALE:3/16"=1'-0"
17291
PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A4.0
MARCH 2021
ELEVATIONS
PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A4.1
MARCH 2021
COLOR & MATERIAL BOARD
SECTION A-A
SCALE:3/16"=1'-0"
12
5
SECTION B-B
SCALE:3/16"=1'-0"
12
5
PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A5.0
MARCH 2021
SECTIONS
ROOF PLAN
SCALE:1/4"=1'-0"
UP
5:12
5:12
5:12
5:12 5:12
5:12
5:12
5:12
5:12
5:12
5:12
8:12
8:12 PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A6.0
MARCH 2021
ROOF PLAN
AREAS DIAGRAM
SCALE:1/4"=1'-0"PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A7.0
MARCH 2021
AREAS DIAGRAM
17291
GOLF COURSE WEDGEWOOD
DN
DN
DN
WH2668
30808050
6980
60506050
286830686450 4060
6050
266828683080
10060
5068 60503040506816087
UP
UP
12'-7" x 1
1
'
-
6
"
11'-7" x
1
1
'
-
6
"
7'-4" x 12
'
-
1
"3:00 PM 6/21/2022
OFFICE
BEDRO
O
M
OPEN B
E
L
O
W 3:00 PM 12/21/20221
2
:
0
0
PM
1
2
/
2
1
/
2
0
2
2
12:0
0
P
M
6
/
2
1
/
2
0
2
2
9:00 AM 6
/
2
1/
2
0
2
2
9:00
A
M
1
2
/
2
1
/
2
0
2
2
N
3:00 PM 6/21/20223:00 PM 12/21/20221
2
:
0
0
PM
1
2
/
2
1
/
2
0
2
2
12:0
0
P
M
6
/
2
1
/
2
0
2
2
9:00
A
M
1
2
/
2
1
/
2
0
2
2
9:00 AM 6/
2
1/
2
0
2
2 PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A8.0
MARCH 2021
WEDGEWOOD STREETSCAPE
STUDY
N
3:00 PM 6/21/20223:00 PM 12/21/20221
2
:
0
0
PM
1
2
/
2
1
/
2
0
2
2
12:0
0
P
M
6
/
2
1
/
2
0
2
2
9:00
A
M
1
2
/
2
1
/
2
0
2
2
9:00 AM 6/
2
1/
2
0
2
2
DN
DN
DN
WH2668
30808050
6980
60506050
286830686450 4060
6050
266828683080
10060
5068 60503040506816087
UP
UP
N
12'-7" x
1
1
'
-
6
"
11'-7" x
1
1
'
-
6
"
7'-4" x 1
2
'
-
1
"3:00 PM 6/21/2022
OFFICE
BEDRO
O
M
OPEN
B
E
L
O
W 3:00 PM 12/21/20221
2
:
0
0
PM
1
2
/
2
1
/
2
0
2
2
12:0
0
P
M
6
/
2
1
/
2
0
2
2
9:00 AM 6/
2
1/
2
0
2
2
9:00
A
M
1
2
/
2
1
/
2
0
2
2 PROJECT LOCATION:LAZARI DESIGN
MR.
PHONE:
SAN JOSE CA 95120
6154 ROYAL ACORN PLACE
Tel:(408) 781-8374
elazari@comcast.net
YOUNG KIM17291 WEDGEWOOD AVE.LOS GATOS, CA A8.1
MARCH 2021
WEDGEWOOD STREETSCAPE
STUDY
SMP
ENGINEERS
’
’’
’
“” ’ ’
’
ALL NEW, RELOCATED, OR TEMPORARILY REMOVED UTILITY SERVICES, INCLUDING TELEPHONE,
ELECTRIC POWER AND ALL OTHER COMMUNICATIONS LINES SHALL BE INSTALLED UNDERGROUND.
FUTURE ROW
SMP
ENGINEERS
SMP
ENGINEERS
ELEVATION VIEW
X
PLAN
X
SECTION W-WW
W
SECTION X-X
--
-
-
����
-
-
SMP
ENGINEERS
mo
’
’
’’
SMP
ENGINEERS
FUTURE ROW
SMP
ENGINEERS
PLAN VIEW
SECTION A - A
STORM INLET SEDIMENT TRAP-FIBER ROLLS
CONCRETE WASHOUT AREA
SITE PLAN
1"=10'
EROSION AND SEDIMENT CONTROL NOTES AND MEASURES
EXISTING DRAINAGE INLET PROTECTION PLAN
STABILIZED CONSTRUCTION ENTRANCE
FIBER ROLL NOTES
FIBER ROLL
(TO BE MAINTAINED)
Maintenance
PLAN
PROFILE
SECTION B-B
TEMPORARY COVER ON STOCK PILE
PERSPECTIVE