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2010090711 - Linda Avenue Attachment 1"u `, TOWN OF LOS GATOS ITEM NO: 2 ~~~ ~ PLANNING COMMISSION STAFF REPORT cos oas s Meeting Date: August 11, 2010 PREPARED BY: Heather Bradley Contract Planner hbradley@losgatosca. gov APPLICATION NO: Planned Development PD-08-004 Environmental Impact Report EIR-09-O1 Architecture and Site Applications S-08-014 - 5-08-020 LOCATION: 15881 Linda Avenue and 15950 Stephenie Lane. APPLICANT: Mission Way Partners PROPERTY OWNERS: Mission Way Partners and Dan Blue APPLICATION SUMMARY: Requesting approval to change the zone from R-1:8 to R-1:8PD for a seven lot subdivision, for a lot line adjustment between two parcels zoned R-1:8, demolish a single family residence, and to construct seven single family residences. An Environmental Impact Report (EIR) has been prepared for the project in accordance with the California Environmental Quality Act (CEQA). APNS 523-25-052 (formerly -020) and -051 (formerly - 036). DEEMED COMPLETE: June 22, 2010 FINAL DATE TO TAKE ACTION: A. Final action on the EIR is required by CEQA Section 15108, within one year of the application being deemed complete (June 22, 2011). B. Rezoning applications are legislative acts and are therefore not governed by the Permit Streamlining Act. C. Architecture and Site applications require final action within 6 months of final action of the EIR and PD applications. RECOMMENDATION: Forward a recommendation to Town Council for certification of the EIR and approval of Planned Development {PD) application. Approve the Architecture and Site applications contingent on approval of the PD and EIR by Town Council. ~1 , ,e.. ! ..::.1 y{~~F:,it' A J . Planning Commission Staff Report -Page 2 15881 Linda Ave/PD-08-004, EIR-09-O1.S-08-014-020 August 11, 2010 PROJECT DATA: General Plan Designation: Zoning Designation: Applicable Plans & Standards: Parcel Size: Low Density Residential R-1:8 General Plan 2.35 acres Surrounding Area of the Linda Avenue Project: ____ Existing Land Use i General Plan ;Zoning North ' Sii 'ngle Family ~ County _ j Pre-zone R-1:8 East ;Single Family _ -~ Low Density ~ R1:8 __ South ~ Single Family ~ Low Density ~ R-1:8 West ~ Single Family ~ Low Density (R-1:8 CEQA: An EIR and a Mitigation Monitoring and Reporting Program (MMRP) have been prepared for the project in accordance with CEQA regulations and under order of the Santa Clara County Superior Court ruling in case No. 11-08-CV-106461. FINDINGS: 1. The Town Council must make findings for the certification of the EIR. 2. The Town Council must make findings for the certification of the MMRP. 3. The Planning Commission must make a finding that the zone change is consistent with the General Plan if their recommendation is for approval. 4. The Town Council must make findings for the approval of the PD. 5. The Planning Commission must make findings for approval of the Architecture and Site applications. 6. As required by the Town's Infill Policy for community benefit. 7. As required by the Town's Traffic Impact Policy. 8. As required by Section 29.10.09030(e) of the Town Code for the demolition of a single family residence. CONSIDERATIONS: As required by Section 29.20.150 of the Town Code for Architecture and Site applications ACTION: Recommendation to Town Council for action on the EIR and PD. Approval of the Architecture and Site applications contingent upon Council certification of the EIR and approval of the PD and firture approval of the subdivision application. Planning Commission Staff Report -Page 3 15881 Linda Ave1PD-08-004, EIR-09-O1. S-08-014-020 August 11, 2010 EXHIBITS: 1. Location map for project site 2. Final Environmental Impact Report (previously received under separate cover) 3. Mitigation Monitoring and Reporting Program 4. Conditions of Approval for Architectural & Site Applications ' S. Required Findings & Considerations 6. Letter of justification from the applicant dated July 26, 2010 7. Letter submitted by the applicant from the Board of Professional Engineers and Land Surveyors pertaining case No. 2008-OS-169, dated February 4, 2010 8. Excerpts from the CDAC minutes from the meeting of August 10, 2005 9. Planning Commission Study Session Comments dated July 12, 2006 10. Consulting Architect's comments dated November 20, 2006 11. Traffic Study, dated February 21, 2006 12. Neighborhood Analysis, prepared for PC meeting of July 11, 2007 13. Green Point Rated Checklist, submitted by the applicant dated December 7, 2009 14. Arborist report and tree removal permit dated Apri12008 15. Draft Planned Development Ordinance (including zone change map and development plans) BACKGROUND: The Conceptual Development Advisory Committee (CDAC) reviewed a preliminary proposal for an 11 lot subdivision on August 10, 2005 (Exhibit 8), where the applicants were given direction to lower the density. The applicants submitted a Planned Development application (PD) for a nine lot subdivision (including one BMP unit and a creek trail/open space dedication) and an Architecture and Site application to demolish a single family residence, which was reviewed at the Planning Commission Study Session of July 12, 2006 (Exhibit 9). At that meeting the Commission expressed numerous comments, including discouraging the public trail, lowering the density to match a standard subdivision, and encouraging a narrow street. The applicants revised the plans to a seven lot subdivision and eliminated the BMP unit. An Initial Study and Mitigated Negative Declaration were prepared and circulated for public review (State Clearinghouse #2007032104). The application was reviewed at the Planning Commission meeting of July 11, 2007, and due to the amount of public testimony and concerns raised regarding the riparian corridor, the item was continued to the meeting of August 22, 2007. At that meeting a significant amount of environmental documentation was submitted by opponents of the project and the meeting was continued to October 10, 2007, to give staff time to evaluate the materials and give a L I Planning Commission Staff Report -Page 4 15881 Linda Ave/PD-OS-004, EIR-09-O1, 5-08-014-020 August 11, 2010 the applicant an opportunity to submit a response. At the October 10, 2007, meeting the Planning Commission recommended approval of the project to the Town Council. On January 22, 2008, the Town Council approved a Mitigated Negative Declaration and Zoning Ordinance amendment to rezone the property at 15881 Linda Avenue and a portion of the property at 15950 Stephenie Lane from R-1:8 to R-1:8:PD and adopted Ordinance No. 2157 for a Planned Development (PD) of a seven lot subdivision, and demolition of the existing residence. Subsequent to the Council's approval, the authorized demolition of the residence and tree removals (Exhibit 14) commenced and was halted due to filing of a lawsuit challenging the basis for the Mitigated Negative Declaration. The court determined that there was "substantial evidence in the administrative record supporting a fair argument that the project in question may have a significant impact on the environment" and that an EIR be prepared. Topics of potential impacts cited in the decision included hydrology, riparian issues, and aesthetics. The Town contracted with the environmental consulting firm of Strelow Consulting in January 2009 to conduct the environmental assessment and to prepare the EIR. The Initial Study and Notice of Preparation of the EIR were circulated fora 30-day public review period beginning February 27, 2009, and ending April 1, 2009. During this review period a Public Scoping meeting was held on March 18, 2009, to take comments on the potential scope of the EIR. The Draft EIR (provided under previous cover) was circulated for public review on February 9, 2010, with a 45-day public comment period ending on March 25, 2010. A hydrology memo, inadvertently left out of the appendices, was subsequently circulated for additional comment fiorn April 23, 2010, to June 7, 2010 (this step was taken as a courtesy, as the memo was on file with the Town and available for review and information in the memo was addressed in the Draft EIR). Reponses to comments were provided to all commenting agencies, organizations and individuals on July 22, 2010. PROJECT DESCRIPTION: A. Project Summary The applicant proposes a seven (7) lot residential development nestled along Ross Creek with lot and home sizes consistent with the surrounding neighborhood. The site aeea is approximately 102,569 square feet, or 2.35 acres. Approximately 30,485 square feet of the site would be preserved as riparian habitat through dedications to the Town, Santa Clara Valley Water District and common open space. Environmental issues are identified and thoroughly discussed and addressed in the project EIR. An extensive Mitigation Monitoring and Reporting Program (Exhibit 3) has also been prepared to ensure ongoing monitoring of mitigation measures and to identify parties responsible for implementation. Planning Commission Staff Report -Page 5 15881 Linda Ave/PD-08-004, EIR-09-O1, 5-08-014-020 August 11, 20 L0 The applicant is requesting approval of the following: • Certification of the Final Environmental Impact Report. • A zone change from R-1:8 to R-1:8:PD to allow a seven lot single family subdivision, with lots ranging in size from 7,885 to 11,238 square feet. • Demolition of an existing single family residence. • Architecture and Site approval of seven new single family residences, ranging in size from 2,450 to 3,017 square feet plus garages. • Dedication of riparian open space to the Town of Los Gatos of approximately 9,640 square feet. • Dedication of a maintenance easement to the Santa Clara Valley Water District The proposal will further prohibit development within the riparian area on site by proposing an approximately 3,042 square foot natural common open space area between Lots 3 and 4 which provides for protection of a large blue oak tree (#81), identified as part of the riparian corridor and could also serve as a wildlife foraging and habitat area. An easement dedication to the Santa Clara Valley Water District of 9,728 square feet and creek dedication to the Town of approximately 9,640 square feet are also proposed. A riparian corridor and a development setback buffer of 10 feet from the edge of the riparian canopy add approximately 11,117 square feet of natural area. Taken together, the total area left in a natural state on the site (except for drainage improvements including a vegetated Swale and outfall) will be approximately 33,527 square feet, or approximately 32 percent of the site. B. Location and Surroundine Neighborhood The project site is bounded by Ross Creek to the north with single family residences across the creels and single family homes to the east on Rochin Court, to the south on Linda Avenue and to the west on Stephenie Lane (Exhibit I). C. Planned Development Apnlication The purpose of a Planned Development (PD) overlay zone is to provide for alternative uses and developments more consistent with site characteristics than are allowed in other zones, to create optimum quantity and use of open space, and to encourage good design. The Planning Commission's recommendation on the PD will be forwarded to the Town Council for final action. The PD ordinance indicates that the Development Review Committee is the approving body for the subdivision map. m y Planning Commission Staff Report -Page 6 15881 Linda Ave/PD-08-004 EIR-09-O1, 5-08-014-020 August 11, 2010 D. Architecture and Site Applications Architecture and Site approval is required to demolish the single family residence and to construct the new residences. The applicant has filed the Architecture and Site applications for the demolition and for construction of the new houses. E. Zoning Compliance The applicant is requesting the following exceptions from Town Code which is permitted tluough approval of the PD. Should the Commission decide that the requested exceptions are not appropriate, than direction should be included in the recommendation to Town Council. a. Reduced lot area for one lot. b. Increased floor area ratios for all seven dwellings (due to lot slope, and deduction of riparian habitat from gross site area). c. Reduced street width for a private street from 36 feet to 22 feet. REVISIONS TO PLANS: During the review of comments submitted on the Draft EIR, the EIR consultant was alerted to a possible discrepancy of the survey of the canopy of Tree #81, a blue oak growing horizontally on the property between proposed Lots 3 and 4, by Verna Jigour, Arborist. Tree #81 is one of the many trees that make up the riparian corridor on the property. Staff requested that the applicant verify the accuracy of the survey for tree #81 as well as the entire riparian canopy on site (beyond portions that had been previously corrected in December of 2009 with updated surveys of trees #78 and #91). With the assistance of the consulting biologist who had staked the edge of riparian canopy on the site, the applicant's engineers completed the riparian survey in early June of 2010. Through that survey process, it was found that a discrepancy did exist for the canopy of Tree #81. This required modification of the location of a proposed vegetated energy dissipater in the natural common open space area between Lots 3 and 4, as well as reorientation of the proposed driveway and garage on Lot 3 from a side loading garage to a front loading garage. As a result of these revisions, the configuration of the proposed riparian buffer was slightly modified, but the proposed ten foot riparian buffer and conshuction setback has been maintained. Minor additional areas of the riparian canopy increased between Lot 1 and Lot 2 which necessitated reductions to the size of proposed decks and patios in the rear of the proposed residences as well as a slight reorientation of the proposed bioswale. Cunent plans reflect these modifications. Planning Commission Staff Report -Page 7 15881 Linda Ave/PD-08-004, EIR-09-O1. 5-08-014-020 August 11, 2010 ANALYSIS: A. Proposed Planned Development Ap lication The project consists of two parcels zoned R-1:8. The Linda Avenue parcel contains approximately 1.45 acres and the Stephenie Lane parcel contains approximately 1.8 acres. The applicant proposes to adjust the property line and rezone a total of 2.35 acres to R- 1:8:PD and to leave the remainder piece of approximately .91 acres to the current property owner who has access from Stephenie Lane. The 2.35 acre parcel is proposed to be subdivided into seven lots which will have two-story, single-family, market rate homes ranging in size from 2,450 to 3,017 square feet. Each lot has a custom home design. The proposed lot sizes for the project range from 7,885 to 11,238 square feet. The density of Planned Developments is calculated based on gross square footage, excluding the riparian corridor. The proposed density, excluding the riparian corridor and the ten-foot setback buffer, is 3.98 dwelling units per acre (gross area including the street, excluding creek dedication and Santa Clara Valley Water District easement). This is consistent with the Low Density Residential General Plan designation of the site, which specifies 1 to 5 dwelling units per acre. In order to compare neighborhood densities, staff prepared the flowing table. DENSITY Includes street Excludes Street Linda Ave and Rochin Ter/Ct Neighborhood* 3.39 units per acre 4.04 units per acre Linda Ave Nei hborhood 2.81 units per acre 3.39 units per acre Project without 10 ft. riparian setback buffer 3.98 units per acre 4.56 units per acre Project with 10 ft. riparian setback buffer 4.23 units per acre 4.90 units per acre *llensities do not take into account any riparian corridors that may be on Rochin Terrace and Court properties. B. Architecture and Site The proposed single family homes will consist of seven two-story residences ranging in size from 2,450 to 3,017 square feet. The houses will have a maximum height of 30 feet. The Town's Consulting Architect reviewed the plans and provided recommendations (Exhibit 10). The Consulting Architect concluded that the "project was very well designed with a great deal of variety in layout and design," and while the proposed homes would be larger than many in the neighborhood, they would not be out of character with newer homes in the neighborhood. The site is also screened from the neighborhood due to its topography and is Planning Commission Staff Report -Page 8 15881 Linda Ave/PD-08-004, EIR-09-O1, 5-08-014-020 August 11, 2010 relatively isolated from the Linda Avenue streetscape. The proposed homes were determined to be architecturally compatible with the mix of homes in the neighborhood. The Consulting Architect recommended that the garages on Lots 1 and 2 be deeply recessed which has been accommodated in revisions to the plans since the last approval. The applicant worked with Town Staff to determine where story poles should be installed. Story poles were installed on Lot 1 and the footprints of Lots 2, 3, 4 and 7 were staked. Although the applicant was strongly encouraged to install story poles, the footprint staking in lieu of story poles was permitted because the proposed residences are generally in the same location where story poles were erected for the previous public hearing and the additional cost burden it would place on the applicant. Staff surveyed Metroscan records and found that there is only one new immediately adjacent neighbor to the project site since the time that story poles were installed for the previous public hearings. Additionally, the majority of the Planning Commissioners were on the Commission at the time of the previous public hearings. C. Project Conformance The minimum property size for newly created lots within the R-1:8 zoning designation is 8,000 square feet. Proposed Lot 7 is 7,885 square feet, just short of this minimum size, therefore, an exception under the PD application is requested for the reduction in the minimum lot size. Town Code further requires that deductions be taken from the gross lot area for riparian habitat and average slope greater than 10 percent when calculating the floor area ratio. Based on net lot areas for the proposed homes (gross lot area with deductions for riparian habitat and slope), none of the proposed homes meet the Town's floor area ratio (FAR). Therefore, an exception under the PD application is also requested to the FAR formula. Additionally, the applicant is requesting an exception under the PD application to reduce the standard residential public street width of 36 feetto a private street width of 22 feet. During prior review, the consensus of the Commission was that the narrower street was the best solution to reduce the amount of impervious coverage. In addition, there is no alternative but to have a narrower street width at the entrance to the subdivision due to the amount of Linda Avenue lot frontage that is available. D. Neighborhood Compatibility The neighborhood of the proposed development consists of Linda Avenue, Rochin Terrace and Rochin Court. The neighborhood has a zone and pre-zone (County) of R-1:8. The lot sizes in the neighborhood range from 7,405 square feet to 22,215 square feet. The lots in the proposed PD range in size from 7,885 square feet to 11,238 square feet. House sizes in the neighborhood range in size from 952 square feet to 3,493 square feet. The proposed houses range in size from 2,450 square feet to 3,017 square feet. Staff has provided the fallowing Planning Commission Staff Report -Page 9 15881 Linda Ave/PD-08-004, EIR-09-O1,S-08-014-020 August 11, 2010 - information regarding residential parcels in the neighborhood for the Commission's consideration of neighborhood compatibility: ADDRESS PARCEL SF RESIDENCE SF FAR STORIES 15946 Linda Ave 16552 2852 .17 2 15936 Linda Ave 21344 3493 .16 2 15901 Rochin Ter 8276 1590 .19 1 15905 Rochin Ter 8712 2523 .29 2 15921 Rochin Ter 8276 1700 .21 I 15931 Rochin Ter 8276 2263 .27 1 15941 Rochin Ter 8712 1700 .20 2 15951 Rochin Ter 9147 1526 ,17 1 15950 Rochin Ter 13939 2264 .16 I 15940 Rochin Ter 8276 1616 .20 1 15930 Rochin Ter 7840 2598 .33 1 15920 Rochin Ter 7840 1991 .25 1 15910 Rochin Ter 7405 1694 .23 I 15909 Linda Ave 17424 3003 .17 2 15921 Linda Ave 9147 1093 .12 I 15933 Linda Ave 11325 720 .06 1 15941 Linda Ave 9583 3022 .32 2 15951 Linda Ave 10018 1243 .12 1 15971 Linda Ave 22215 2443 11 1 15991 Linda Ave 8276 1724 .21 1 15931 Blossom Hill Rd 9147 952 .10 1 15951 Blossom Hill Rd 17424 2088 .12 1 15908 Rochin Ct 8712 2483 .29 2 15906 Rochin Ct 9147 1855 .20 1 15904 Rochin Ct 10454 2858 .27 2 15901 Rochin Ct 9583 2171 .22 2 15903 Rochin C[. 10890 2215 .20 2 15907 Rochin Ct 9147 2171 .24 2 15911 Rochin Ct 8276 2171 .26 2 15902 Rochin Ter 15681 2718 .17 I 15900 Rochin Ter 19166 1887 IO 2 15895 Blossom Hill Rd 7840 1498 .19 2 15996 Linda Ave 11325 997 09 I 15986 Linda Ave 9853 1931 20 2 a Platming Commission Staff Report -Page 10 15881 Linda Ave/PD-08-004, EIR-09-O1•5-08-014-020 August 11, 2010 15976 Linda Ave 7840 2417 .31 2 Lotl 10751 2710 .25 2 Lot 2 8518 2883 .34 2 Lot3 9971 2990 .29 2 Lot4 11238 3017 .27 2 Lots 8256 2544 .31 2 Lot 6 9159 2890 .32 2 Lot 7 7885 2750 .35 2 *FAR is based on lot size and building size from Metroscan or Town records. Floor area does not include garage or cellar square footages, and does not account for reductions to lot area for slopes exceeding ten- percent. Although the square footages and FARs of the proposed residences would be larger than the majority of existing residences in the surrounding neighborhood, as noted above, staff finds that the proposed residences are compatible with newer residences built in the neighborhood. Staff further finds that the proposed density is comparable to the density of the existing neighborhood even without taking the riparian corridor along properties on Rochin Terrace and Linda Avenue into account. Moreover, it should be noted that approximately 30,485 square feet of the project site has been dedicated or set aside for protection of the riparian corridor (creek, riparian corridor, and a ten foot riparian setback buffer). In addition, approximately 3,042 square feet is set aside as a natrual common open space parcel (located between Lots 3 and 4) which is not typical of standard subdivision applications, particularly one this small. The overall FAR for the entire development is 0.21 without sidewalks or streets, and 0.32 without sidewalks, streets, or riparian area dedications. Staff believes that the unique site characteristics, topography, and location should also be taken into account when considering the issue of neighborhood compatibility. As a result, staff believes that the proposed square footages and FARs are appropriate for this site. However staff recommends, the Commission carefully consider neighborhood compatibility of the proposed residences when formulating a recommendation to the Town Council. E. VisualImpact The extensive riparian canopy on the northern and western boundaries, site topography and location at the end of Linda Avenue serve to limit public views into the site. The site is visible to two adjacent residences on Rochin Ten•ace to the east, to two residences to the south on Linda Avenue and Stephenie Lane, and is partially visible through the riparian vegetation to four homes on Loma Vista and one home on the Linda Avenue extension north of Ross Creek. Planning Commission Staff Report -Page 11 15881 Linda Ave/PD-08-004, EIR-09-O1, 5-08-014-020 _Augustll, 20I0 _ F. Biological Resources The Town's consulting biologist, Ecosystems West Consulting Group, identified non special status plant species and four special-status animal species as having the potential to occur on the project site. They include California "Species of Special Concern" including; the San Francisco dusky footed woodrat, yellow warbler, western red-bat, and long legged myotis. The riparian area on site is recognized as "high priority" habitat classified as mixed willow riparian forests and mixed evergreen riparian forest. Based on agency standards and various defmitions of "riparian," the edge of the riparian habitat was delineated on the project site in consultation with CDFG (California Department of Fish and Game) staff (Dave Johnston, May 2009). The consulting biologist with Ecosystems West and CDFG determined that the edge of riparian habitat is where the dripline of the riparian arboreal shrub and tree canopy transitions abruptly into upland non- native California annual grassland. In addition, this line generally coincides with a transition in slope on the site. G. Trees The project development will result in the removal of 45 trees. Four of these trees are within the riparian habitat and are non-native. These trees consist of eight oaks, one redwood, one eucalyptus and 35 non-native horticultural and/or fruit trees. Pursuant to Town Code, 26 of the trees to be removed are required to be mitigated. The landscape plans propose transplanting four coast live oaks and planting of an additional 79 new trees which consist of 18, 48"-box trees; 30, 36"-box trees and 35 treepots (within the riparian area). The treepots include native saplings that are taken from the watershed consistent with the Water Resource Protection Collaborative "Guidelines and Standards for Land Uses Near Streams," for planting within riparian areas. The proposed landscape trees are primarily non-native, but drought tolerant species and all are consistent with the guidelines. The landscape plans have been reviewed by staff, the environmental consultant and the Santa Clara Valley Water District for consistency and have been found to meet criteria set forth in the guidelines. H. Hydrology and Water Quality The proposed project drainage plan consists of a system of grassy swales on each residential lot, a bioretention system, and a new storm drain with a new discharge outfall to Ross Creek. Runoff from each lot will be conveyed to an onsite Swale prior to discharge into new storm drains. Planning Commission Staff Report -Page 12 15881 Linda Ave/PD-08-004, EIR-09-01, 5-08-014-020 August 11, 2010 Road runoff will be discharged to a bioretention Swale for pretreatment prior to discharge into the creek. The bioretention system will permit local filtration and percolation of project runoff prior to conveyance into an outfall in the northeastern corner of the site that will discharge into Ross Creels The plans have been reviewed by consulting hydrologists, Schaaf & Wheeler, and have been found to be in conformance with C.3 requirements. I. Gradin The project site slopes gently toward Ross Creek. Average slopes for the seven lots vary from 9% to 13% for Lots 1, 2, 6, and 7, with Lots 3 and 4 averaging approximately 20% and Lot 5 being the steepest at 27%. The proposal includes approximately two to six foot fill depths and two to ten foot cut depths. The proposed road cannot be graded lower to reduce the amount of fill due to the proposed preservation of a large coast live oak tree at the end of the proposed cul-de-sac. The proposed grading plan indicates 4,965 cubic yards of cut of which 3,150 cubic yards will be used as fill with 1,515 cubic yards exported off site (approximately 300 cubic yards is attributed to post compaction settlement) for a total of 8,115 cubic yards. New retaining walls of approximately four to six feet would be required to support cuts and fills along the southern boundaries of Lots S and 6 as well as the boundary between Lot 4 and 5. The majority of the retaining walls will range in height from two to six feet. J. Open Space and Landscaping The project proposes approximately 27,151 square feet of common area and open space comprised of riparian areas (not dedicated to the Town) and a natural common open space area located between proposed Lots 3 and 4, as well as streets and walkways (not considered open space, but included in this figure as common space). Approximately 9,640 square feet of riparian habitat consisting of the area between the northern property line and the top of the southern bank of Ross Creek will be dedicated to the Town of Los Gatos. An additional 9,728 square feet is proposed as an easement to be dedicated to the Santa Clara Valley Water District, consisting of the area extending out 25 feet from the top of the southern creek bank. This results in approximately 19,368 square feet of dedicated area that includes Ross Creek and most of the riparian habitat. An additional riparian area and setback buffer totaling approximately 11,117 square feet will remain undeveloped for protection of the riparian habitat. This results in locating the proposed residences a minimum often feet from the edge of the riparian canopy. The proposed project includes a Riparian Enhancement Plan prepared by H.T. Harvey & Associates (Appendix C of the Draft EIR). The plan calls for removal of invasive vegetation from within the riparian corridor, replanting of additional trees and understory vegetation, Planning Commission Staff Report -Page 13 15881 Linda Ave/PD-08-004. EIR-09-O1. S-08-014-020 August 11, 2010 and incorporation ofnon-native species management measures into the Codes, Covenants & Restrictions (CC&Rs). This will include ongoing eradication of invasive herbaceous vegetation and follow-up removal ofnon-native tree re-sprouts. The proposed landscaping plan identifies planting of 79 trees, including 16 arroyo willows, 12 coast live oaks, 10 California sycamores, 7 California buckeyes, one redwood and 43 ornamental trees. The plan also includes transplanting (in accordance with recommendations of the Town's Consulting Arborist) of four onsite coast live oaks. A condition has been included in the proposed PD Ordinance requiring the CC&R's to provide monitoring of the transplanted trees for five years and replacement per Town Code requirements for any tree that does not survive. A variety of native or drought tolerant shrubs and ground cover plants are included on the proposed landscape plan. K. Public Access During review of the prior PD application for this site, the Planning Commission expressed concern over providing a public trail and open space on the property. However the project plan allows for access to the natural common open space between Lots 3 and 4 of the subdivision which connects to the private street. In addition, the subdivision will provide dedications to the Santa Clua Water District which will further enhance enjoyment of the stream corridor. Conditions have been included to require easements and deed restrictions over the private street as part of the CC&R's which will guarantee these access rights in perpetuity, subject to the control of the regulatory agencies. L. Circulation and Parkine Access to the site would be from Linda Avenue, along a proposed a 22-foot wide private access cul-de-sac. A sidewalk is proposed along the northern side of the roadway and parking turnouts are provided for seven vehicles. Portions of the proposed roadway and the parking turn outs will be paved with decorative pavers to provide a visual break to the proposed paved surfaces. Town Code requires three parking spaces for each residential unit. A total of 34 parking spaces would be provided on-site, at a ratio of 4.9 spaces per unit, as follows: 15 garage spaces (six, two-car garages and one three-car garage), 14 spaces in driveway aprons, and 5 turnout parking spaces. The development requires a minimum of 21 parking spaces; therefore, the project would meet minimum parking requirements. Plamiing Commission Staff Report -Page 14 15881 LindaAve/PD-08-004, EIR-09-O1, 5-08-014-020 August 11,.2010 M. Traffic The Town's Traffic Impact Policy (Resolution 1991-174) requires preparation of a traffic study for any project with the potential to generate 20 or more additional AM or PM peak hour trips. The proposed project would generate an increase of 58 average daily trips, with five AM peak hour trips, and six PM peak hour trips. Therefore, preparation of a traffic study was not warranted. Although a traffic study was not required, and traffic increases would be less than significant based on common engineering practices, the applicant prepared a traffic study for a prior proposal for a nine lot subdivision. The study concluded that the trips generated were relatively small and would have no impact on nearby intersections or roadways. The traffic impact is considered minor based on the Town's Traffic Policy, and a finding of community benefit and the payment of traffic impact mitigation fees will be required. The applicant is offering as a community benefit to make improvements at the intersection of Linda Avenue and Blossom Hill Road. A left turn pocket is proposed to be installed on Blossom Hill Road to turn onto Linda Avenue and Old Blossom Hill Road. N. Community Benefit Pursuant to the Traffic Impact Policy, community benefit is required when the peak hour trips will increase by greater than five trips. A finding of community benefit will be required to mitigate the minor traffic impacts and for an infill development (Exhibit 5). The applicant has provided documentation on what they believe is a community benefit (refer to previous section and Exhibit 6). The Commission should provide input regarding the applicant's proposed community benefit and determine if it outweighs the haffic impact, as required by the Traffic Impact Policy. O. Green Building The project was reviewed using the Build-It-Green standards adopted by Town Council on June 2, 2008. A preliminary checklist completed by the applicant shows that the project will exceed the minimum number of points (50) needed to achieve certification with a score of 100 points (Exhibit 13). P. Below Market Price Compliance The applicant proposes to pay the BMP in-lieu fee as permitted by the past and current BMP Resolution. During the preliminary development review, the applicant proposed to construct a BMP unit. BMP units are bonus units and are not counted towards density calculations. Planning Commission Staff Report -Page 15 15881 Linda Ave/PD-08-004, EIR-09-O1,S-08-014-020 August 11, 2010 Due to comments from the CDAC and the neighborhood, the applicant reduced the density of the development and eliminated the BMP unit. On October 5, 2009 the Town Council adopted revised BMP housing guidelines. These guidelines permit in-lieu BMP fees in a residential development with five to nine units. To approve the in-lieu fee, the applicant is required to demonstrate why a BMP unit cannot be developed on the project site and in an off-site location within Town limits. Since the project was designed prior to the adoption of the current BMP Resolution, it was determined that the current BMP requirements were not applicable to this development. Consequently staff did not require the applicant to provide justification for paying the in-lieu fee. Q. Draina~e/National Pollutant Discharge Permit (NPDES) Comnliance The proposed impervious surfaces for the project will increase from approximately 6,900 square feet of existing surfaces to 31,604 square feet of proposed surfaces. Therefore, the project must comply with NPDES requirements for impervious surfaces greater than 10,000 square feet, but less than on acre. Engineering staff and the consulting hydrologist, Schaaf & Wheeler, have reviewed the proposed Grading and Drainage plans and storm water runoff calculations and found that the information and analysis provided by the applicant is adequate to make a determination that the sizing and design of the proposed storm water treatment improvements can fully comply with NPDES requirements. The project's storm water management plan includes treatment of storm water runoff through filtration in grassy swales on each lot and abio-retention system to filter road runoff prior to discharge into Ross Creek through a proposed outfall. Additionally, some portions of the proposed driveways and other non-roadway paved areas would be constructed of pervious materials to further limit runoff. Mitigation measures include review of final design plans of the proposed outfall for conformance with Design Guide 12 of the Guidelines for Land Uses Near Streams, and a condition within the CC&R's that regular maintenance and inspections of the bio-swales and drainage system improvements occur consistent with the Town's Engineering Design Standards. CEOA DETERMINATION: As required by the Superior Court of Santa Clara County, an EIR was prepared for the project by the Town's enviromnental consultant, Strelow Consulting, consistent with California Environmental Quality Act (CEQA). A number of technical reports were prepared as part of this process, including greenhouse gas emissions calculations, as well as previously prepared studies including arborist reports, and a Phase 1 Environmental Assessment. A Draft EIR was circulated for public review in February 2010. A Final EIR (Exhibit 2), including responses to written comments received on the Draft EIR was prepared and provided to commenting agencies and individuals on July 22, 2010 (Exhibit 3), this along with the Draft EIR form the Final EIR. Planning Commission Staff Report -Page 16 15881 Linda Ave/PD-08-004, EIR-09-O1, 5-08-014-020 August 11, 2010 Potentially significant impacts have been addressed and reduced to less than significant through provision of project revisions and mitigation measures including: requirements for protection of special status species (San Francisco dusky footed woodrat, and special status bat species) during construction activities; protection of nesting birds; tree preservation and replacements; erosion control measures; air quality measures; geotechnical investigation measures; and noise control measures. Additional recommendations are made for conditions of approval including conditions for conformance with the Riparian Enhancement Plan, exterior lighting design, tree transplanting measures, and storm water runoff and water quality controls. All mitigation measm~es and recommended conditions of approval have been included as performance standards in the PD Ordinance (Exhibit 15). In addition, a MMRP has been prepared (Exhibit 3) to designate the responsible department or agency and timing of each mitigation measure. EIR SLOPING MEETING: An EIR Scoping meeting was held on March 18, 2009, to obtain public comments on the scope of the environmental review prior to preparation of the Draft EIR. EIR ALTERNATIVES: An EIR must provide a discussion of a range of project alternatives which would reasonably and feasibly meet the basic objectives of the project. The alternatives that are discussed must be limited to those that would avoid or substantially lessen any of the significant effects of the project, even when these effects have been mitigated to less than significant levels. The EIR considered three Alternatives including Alternative 1 - "No Project Alternative", Alternative 2 - "Reduced Density with Reduction of one Lot" and Alternative 3 - "Reduced Density with Reduction of two Lots". The No Project Alternative would not meet the basic project objectives for obvious reasons, and would not result in the provision of the riparian enhancements or riparian corridor dedications. For these reasons, the No Project Alternative was not found to be environmentally superior. Bath the Six-Lot and Five-Lot Alternatives were found to slightly lessen the degree of the significant impacts to the San Francisco dusky-footed woodrat and special status bat species. However, neither Alternative 2 nor 3 would eliminate the significant impacts as most are related to temporary construction disturbances. Impacts to special status species (woodrat) would be slightly reduced in Alternatives 2 and 3 over the proposed project due to a reconfiguration of drainage improvements, lot lines and building footprints, as well as, a slightly enlarged riparian setback. Neither Alternative 2 nor 3 would substantially reduce the other identified significant impacts. Both Alternatives 2 and 3 would mostly meet project objectives, although Alternative 2 would better meet project objectives with development of six homes. Of the alternatives analyzed, Alternative 2 -Reduced Density with Reduction of one Lot, is considered the environmentally superior alternative as it would result in some reduction in the severity of significant impacts and meet most project objectives. However, as allowed through the Planned Development process, the front setback of Lot 1 could be reduced and the proposed Planning Commission Staff Report -Page 17 15881 Linda Ave/PD-08-004. EIR-09-O1.S-08-014-020 August 11, 2.010 house could be shifted forward bn the lot and further from the woodrat habitat, which could also meet the objectives of Alternative 2 & 3. Additionally, the deciding body has the authority to approve the proposed project over the environmentally superior alternative if they find that the proposed mitigation measures and or changes to the project have already reduced the potential impacts to less than significant. As noted previously, all potential significant impacts associated with the proposed project have been reduced to less than significant. GENERAL PLAN: The project site is located within a developed residential neighborhood and represents an urban infill development. The Los Gatos General Plan designates the project site as "Low Density Residential," which allows for residential uses at densities of 0 to 5 units per acre. The net site area is 2.13 acres (gross area excluding the creek area dedicated to the Town), thus the General Plan would allow up to 10 dwelling units. The applicant proposes to develop seven single-family residences at a density of 3.98 units per acre (gross area excluding creek area dedicated to the Town and easement to the Santa Clara Valley Water District, but not the riparian setback buffer area), which would be consistent with the General Plan. The project was reviewed for consistency with the 2000 General Plan and the Draft 2020 General Plan Goals, Policies and Strategies/Actions. There is one new Goal and one new Policy, in the 2020 General Plan, that are relevant to the project. Staff determined that the proposed project was consistent with bath the 2000 General Plan and the Draft 2020 General Plan. The following General Plan and Draft 2020 General Plan excerpts are applicable to the proposal and are provided for the Commission's consideration. The applicant has included some comments regarding General Plan compliance in their letter of justification (Exhibit 6). 2000 General Plan Goals/Policies/Strategies: Land Use Element a. Goal L.G.3.1 - Maintain the existing character of residential neighborhoods by controlling development. b. Policy L.P.2.2 -Balance size and number of units to achieve appropriate (limit) intensity. c. Policy L.P.3.5 -Assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood. d. Policy L.P.4.1 -Continue to encourage a variety of housing types and sizes that is balanced throughout the Town and within neighborhoods and that is also compatible with the character ofthe surrounding neighborhood. e. Policy L.P.4.5 -Maintain the Town's capacity to meet its housing needs as identified in the Housing Element. Planning Commission Staff Report -Page 18 15881 Linda Ave/PD-08-004, EIR-09-O1. 5-08-014-020 August 11,.2010 Conservation Element: a. Policy C.P.2.14 -Protect riparian corridors through the use of restrictive setbacks or other protective measures as appropriate for the site. b. Policy C.P.4.3 -Preserve the habitat of species that are native, have special value to the Town or are threatened/endangered. Housing Element a. Policy H.P.1.1 -Continue to designate sufficient residentially zoned land at appropriate densities to provide adequate sites to meet Los Gatos' new construction need for 2002- 2007. c. Strategy H.I.1.7 - A finding that the proposed development is consistent with the Housing Element and addresses the Town's housing needs identified in the Housing Element must be made. Draft 2020 General Plan Goals/Policies/Actions: Open Space Element: a. Goal OSP-8 - To preserve and enhance Ross Creek as an open space amenity (new). b. Policy OSP-8.1 -Restore Ross Creek to a more natural state, removing concrete channelization, where feasible (new). PUBLIC COMMENTS: Mailed notice of availability of the Draft EIR was sent to interested individuals, state and local agencies, and the State Clearinghouse in conformance with CEQA regulations on February 9, 2010, fora 45 day review period (an additional 45 day review period was given for a hydrology memo inadvertently omitted from the Draft EIR). Twelve letters were received and responses to corments are discussed within the Final EIR Response to Comments section (see Exhibit 2). Mailed responses were sent to all agencies and individuals who submitted comments on the Draft EIR on July 22, 2010. Mailed notice of the public hearing was sent to property owners and tenants within 300 feet of the subject sites. CONCLUSION /RECOMMENDATION: A. Conclusion Staff finds that the proposed development is consistent with the General Plan and compatible with the existing land uses in the neighborhood. However staff recommends, the Commission carefiilly review the issue of neighborhood compatibility when formulating a recommendation to the Town Council. The proposed density of 3.98 units per acre (excluding Planning Commission Staff Report -Page 19 15881 Linda Ave/PD-08-004. EIR-09-O1, 5-08-014-020 August 11, 2010 the street and all riparian dedications) and FAR of 0.32 (excluding the street and riparian dedications) is also compatible with the density of the neighborhood and the FAR of newer homes in the neighborhood. The project also preserves nearly one third of the site in a natural state and provides a significant natural open space area between lots 3 and 4 for additional wildlife foraging and habitat area. The Commission should carefully consider the significant impacts and mitigation measures when formulating a recommendation to Town Council related to the CEQA Alternatives discussion above. The EIR prepared for the project identifies, discusses and addresses all key environmental issues. The applicant has made revisions to the plans to ensure that a ten foot riparian buffer/setback is provided between proposed structures and the riparian corridor, including rear yard improvements such as decks and patios. The location of the riparian corridor has been rechecked and verified by the Town's consulting biologist. The proposal has been found to be consistent with the "Guidelines and Standards for Land Uses Near Streams." No significant impacts to aesthetic resources have been identified. Further, all significant impacts to biological resources, hydrology and water quality, air quality and geology/soils, and noise have been mitigated to a less than significant level. The project has been conditioned to incorporate all mitigation measures, and EIR recommended conditions of approval. The Commission also should decide whether the requested exceptions to minimum lot area, FAR and private street width requirements are appropriate, and direction should be included in the recommendation to Town Council. Lastly, the Commission should provide input regarding the applicant's proposed community benefit and determine if it outweighs the traffic impact, as required by the Traffic Impact Policy. B. Recommendation Staff recommends that the Planning Commission forward a recommendation for certification of the EIR and approval of the Planned Development, applications as follows: 1. Recommend that the Town Council certify the EIR; 2. Recommend that the Town Council approve the Mitigation Monitoring and Reporting Program; 3. Find that the Planned Development is consistent with the General Plan; 4. Recommend that the Town Council approve the PD; 5. As required by the Town's Traffic Policy for a community benefit (Exhibit 5); and Planning Commission Staff Report -Page 20 15881 Linda Ave/PD-08-004, EIR-09-O1, 5-08-014-020 August 11, 2010 6. As required by the Town's Infill Policy for a community benefit (Exhibit 5). 7. As required by Section 29.10.09030(e) of the Town Code for the demolition of a single family residence. 8. Find that the project is consistent with the considerations for approval of Architecture and Site applications for new residences (Exhibit 4). 9. Approve the Architecture and Site applications contingent on Town Council adoption of the EIR and PD and fittttre approval of the subdivision application; If the Commission determines additional review is required for the Architecture and Site applications, the Commission can continue these applications to a date certain with specific directions. Prepared by: Heather Bradley Contract Platmer l~(./O~n~i~, 17~n,G(, Approved by: Wendie R. Rooney Director of Community Development WRR:HGB: cc: Mission Way Partners 214 Ahnendra Avenue, Los Gatos, CA 95030 Westfall Engineers 14583 Big Basin Way, Saratoga, CA 95070 HLD Group, 555 N. Santa Cruz Avenue, Los Gatos, CA 95030 Strelow Consulting, P.O. Box 2896 Santa Civz, CA 95063-2896 Dan Blue, 15950 Stephenie Lane, Los Gatos, CA 95032 N:\DEV\REPGRTS\2010\LindaAve l 5881-EIR-8.11. l0.doc __ 15881 Linda Ave/ 15950 Stephenie Lane E~IBIT 1 APPENDIX C MITIGATION MONITORING & REPORTING PROGRAM TOWN OF LOS GATOS LINDA COURT RESIDENCES FINAL EIR I UCY 2010 ffiIBIT 3 E m o. m O a v K c m m c O O O U a N K r O U m c a~i a ~~ ~ ~ ~~ ~~ ~ ~ ~ ° ~ ~ ~ o ~ L N~' 301 e `Oi O j a 0 U) C m9 .v 'o d ~ N a N~ O~ O UJ m m LL e O Q H #~$ E ~ ~ m c n av ~ m 3 d o c ~~ ~NO~ a c'~ UO m ~ C7w o o pd ' - y c U N. ° N o w a N 'C B o a u- B o a i~ o N - v ' o 2 . -j~ G P ~ ~ o° E r c. m m E ~ ' ~ o Q.E E D c. ~ o° 3 E E Q-j m .ra - i 'a ~ °~ T o m ~. ~ m m m ai 3 E -° w o S ~ o c a~ ¢ a v N O p c N O O (O N O_ °. Y. O N d O c O O O. C c ` 1 ~ h~,1 ¢ ~ N D m ~ o a n. ~ U O .k m -° ° m m m aL ¢ ° r ° o T ` m o 9~ a i o c o o _ ~ '° o r E O O ° ~~ 1 ! A N C N O Q. 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N C 'O C O1 (6 :.: . O~ c :. O_ O N O 'O ~ C C O N ~ N ~~ > j ' [p O t ~ N O_ ~ UI > U R N L N + N O C T f~rh V Uf O. N~ tO (p C R N O R O A N E R N m ~VI ° N~ O>~~~ l6 N U N U O p C - O t6 O N O N Ua C d N i ~ >+ N Q a a E ~r m Q N p = O V L w -p j C m m " _ X V O d N ~ c a °' " ~ ~ m m F -O~ C a'O O ~ O. R c m m d~ V 0 O IV C d r N N C _ ° N w N N N C §[~j ~C!-s e. N C C U ~ N _ U N N O N C FLU t6 O a L t R N ~~ ~ > N L N d C ~ C U r O~ N a U~ R N O ~ L ~ N .> O ~ N ~ C o E ~~! `~ w r L m O N h o -° s E~ N x m c E~~ ° rn a m `° 2 o . = ^p € ~+ -~ -- 0 3> ^? ° 1 ~ a`~ ° y~~ '~ `o_ - T a°~ a m t- E d o o - rn ~ m ai ~~ 3 c v °1 -t6o E o 'o' O - d °~ c N m m m a ~~ a o L NCNNd R ~ Z ° Q. ¢ fUNR ~dNO R . O UmU F- ~ o C N ~ 3 °° o m~ E -O ~ ~~ m °° °> c 2" E c t O y J ? 'ti m v U E c~ m O. m N~ N Y~ 3 c N ~ E - N O ._. M a ° ° 3 :: 5 • • • ~-: ~. N R d O N~ C- s U a N L ~~ L R d (O ~ O F ~ i O Z ° R C O a N if U O N - ~ N U d N a 0 0 N N 7 m E m 0 a .~ 0 a a CC m rn c 0 c 0 c 0 .~ m N N U C N N N ~_ O U m v c u m 0 a` m m m 0 0 m( 3 7 PLANNING COMMISSION -AUGUST 11, 2010 CONDITIONS OF APPROVAL 15881 Linda Avenue and 15950 Sterohanie Lane Planned Development PD-08-004 Environmental Impact Report EIR-09-01 Architecture and Site Applications 5-08-014 - 5-08-020 Requesting approval to change the zone from R-1:8 to R-1:8PD for a seven lot subdivision and for a lot line adjustment between two parcels zoned R-1:8 and approval to demolish a single family residence and to construct seven single family residences. An Environmental Impact Report (EIR) has been prepared for the project in accordance with the California Environmental Quality Act (CEQA). APNS 523-25-052 (formerly -020) and -051 (formerly -036). PROPERTY OWNERS: Mission Way Partners and Dan Blue APPLICANT: Mission Way Partners TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Division) 1. ARCHITECTURE AND SITE APPROVAL REQUIRED. The Official Development Plans and this ordinance establish the allowed uses and intensity of development. The Official Development Plans are conceptual in nature such that minor deviations may be approved through the Architecture and Site approval process if necessary to achieve architectural excellence. -The Development Review Committee shall be the deciding body of the Architecture and Site applications. 2. BMP. Prior to final occupancy of each unit, the applicant shall pay the Below Market Price (BMP) as established by Town Cormcil Resolution. 3. HOUSE SIZE. The footprint and size of each house shall be determined during the Architecture and Site approval process. 4. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 5. RECYCLING. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting type and weight of material, shall be submitted to the Town prior to the Town's demolition inspection. 6. ~ SAN FRANCISCO DUSKY FOOTED WOODRAT -NESTS ENCOUNTERED. ~ Mitigation Measure 2B-1 E%HIBIT 4 Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to 5-08-020 Page 2 of 26 Require that a qualified biologist examine the project area before and during any initial vegetation, woody debris, and/or tree removal, or other initial ground disturbing activities. If a dusky footed woodrat nest/house structure is encountered in the area of disturbance, avoid disturbing the structure or evicting the individuals. Install a protective exclusion zone around any woodrat nest found within the project area before initiating tree/vegetation removal and ground dishirbing activities. Applicant shall provide the preconstruction survey to the Community Development Department and report of periodic inspection during conshuction to ensure protective fencing is in place. 7. ZSAN FRANSICSO DUSKY FOOTED WOODRATS ENCOUNTERED. If a woodrat is incidentally encountered in the work area and does not voluntarily move out of the area, a biological monitor, with the appropriate California Department of Fish and Game (CDFG) permits, shall relocate the animal out of the construction area to the nearest safe location (as approved and authorized by CDFG). Prior to relocating any woodrats, a suitable release site shall be created on site, and approved by CDFG. Applicant shall provide a letter report to the Community Development Department from the biologist and/or CDFG staff that documents the consultation with and approval by CDFG of an onsite relocation area if woodrat nest is encountered. 8. 3IMPACTS TO NESTING BIRDS AND BATS. Implement the following measures prior to tree removal or construction. • Conduct tree removal operations between September 1 and October 15, before special status bats have established seasonal roost locations. This will prevent harming potential fall/winter hibernacula (October 15-February 15) and spring/ summer maternity colonies (April 1-September 1). If removal cannot take place during these periods, require a qualified biologist to conduct apre-construction survey for bats. Winter hibernacula surveys should be conducted between October 15 and February 15 to determine if bats are utilizing the site for winter roosting. Maternity roost surveys should be conducted over 4 visits between mid April and early May, when bats are establishing maternity roosts, but before pregnant females generally give birth, to determine if a maternity roost is being established. For any trees/snags that z Mitigation Measure 2B-2 ' Mitigation Measure 2B-3 Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/5-08-014 to 5-08-020 Page 3 of 26 could provide roosting space for cavity or foliage-roosting bats, thoroughly evaluate the trees/snags and foliage to determine if a colony is present prior to trimming or cutting. Visual inspection, trapping, and acoustic surveys may be utilized as initial techniques. • If a tree is determined not to be an active roost site, it may be immediately pruned or removed. If the tree is not trimmed or removed within four days of the survey, repeat night survey efforts. • If roosting bats are found, coordinate with CDFG to develop and implement acceptable passive exclusion methods. Authorization from CDFG will be necessary to evict winter hibernacula areas for bats. Have a qualified biologist, in the possession of an applicable CDFG Memorandum of Understanding, humanely remove roosting bats if they are not successfully excluded. • If established maternity colonies are found, protect pre-volant young from construction noise by creating a minimum 100 foot buffer around the colony until the young can fly or consult with California Department of Fish and Game for other acceptable measures of avoidance. It is assumed that after September 1 colonies have no pre-volant young. • Removal of any occupied tree/snag, if necessary, shall be mitigated far by the creation of a snag or other artificial roost structure within suitable habitat located in the project area. The creation of snags/roost structures, if necessary, will take place during tree removal activities to avoid disturbance of nesting birds/roosting bats. Applicant shall provide the preconstruction survey to the Community Development Department and report of periodic inspections during construction to ensure construction buffers, if required are in place. Applicant shall provide report on creation of a snag or artificial roost structure if required. 9. 4MIGRATORY BIRD NESTING. Conduct tree removal activities between September 1 and January 1, outside of nesting bird season. Far tree removal or construction activities scheduled to occur during the period from February tluough August, a qualified ornithologist and/or biologist will conduct nesting bird surveys no more than 15 days ° Mitigation Measure 2C-I Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/5-08-014 to 5-08-020 Page ~ of 26 before tree removal and/or before construction begins. Surveys shall include the project ~ site and a 300-foot-wide buffer (where accessible) to examine nearby tree stands and structures for special-status birds, and all birds (and their nests) protected under the Migratory Bird Treaty Act (MBTA). If an active nest is found, delay project activities until a qualified biologist determines that young have fledged from active nest site ot• consult with CDFG prior to commencing any activity within 300 feet of the nest area as set forth in the Streambed Alteration Agreement issued by CDFG. If nesting birds are not found, no further action would be necessary, and tree removal and construction may proceed. Applicant shall provide the pre-construction survey to the Community Development Department. If nesting birds are found, applicant shall provide documentation to the Community Development Department that demonstrates compliance with actions specified in the measure (i.e., delay construction or consult with CDFG). 10. SSNAGS. Retain existing snags and/or dead limbs within the riparian habitat and setback area to provide potential nesting habitat for cavity-nesting birds. Applicant shall provide letter report to the Community Development Department from the biologist that ~ documents the compliance with the measure. 1 L 6TREE REMOVAL AND TRANSPLANTING. Require implementation of all recommendations provided by the Town's consulting arborist (Arbor Resources, February 5, 2007) and require an independent arborist review of the site plans to verify recommendations have been included on the plans and implemented during construction. The arborist report includes a measure requiring tree transplanting by a qualified tree professional under the supervision of a certified arborist, and shall also include measures for irrigation prior to, during, acrd after transplanting and shall specify replacement trees if the transplanted trees do not survive within 5 years. Applicant shall provide a letter report to the Community Development Department from a certified u~borist documenting compliance with all arborist report recommendations after tree removal and transplanting has been completed and again at five years fiorn transplanting. s Mitigation Measure 2C-2 a Mitigation Measure 2E-1 Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to 5-08-020 Page S of 26 12. TREE REPLACEMENT. Require planting of three additional 36-inch box trees as part ___ _ __ of the project landscaping plan and payment of fees into the Town Forestry Fund as required by Town regulations. Payment of fees shall be made prior to issuance of the building permit, and installation of the three additional trees shall occur prior to final occupancy permtt. 13. BNOISE. The proposed six-foot high, solid wood "Good Neighbor" fence along the east side of Lot 1 and south side of Lot 5 shall be constructed as early as possible (prior to project grading activities if possible) to help reduce construction noise at existing adjacent residences. 14. 9RIPARIAN ENHANCEMENT PLAN MEASURES. Implement all measures outlined in the Linda Avenue Riparian Enhancement Plan developed by H.T. Harvey and Associates (2008) and revise the enhancement plan to reflect the revised edge of the riparian canopy and setback as set forth in this EIR. For understory enhancement, include a variety of native shrubs and vines (e.g. Pacific blackberry, elderberry, snowberry, wild rose) that provide understory structure, a food base, and cover for wildlife. 15. 10REMOVAL OF TREE #92. When removing the large eucalyptus tree, the roots will be left in place to avoid disturbing the root mass armoring the southern bank of Ross Creek, to prevent erosion and promote creek bank stability in this area. 16. ~~SNAG FEATURES FOR TREES #80, #83, #87 & #92. The trunks, lower limbs, crotches, and notches ofnon-native trees currently proposed for removal (Trees #80, #87, #83, and #92) can be killed in place and left to provide snag features for wildlife habitat. 17. ~ZRIPARIAN HABITAT AND SETBACK PROTECTION. Implement the following measures during construction to protect the riparian habitat and setback during construction. • Riparian habitat shall be designated as a sensitive area and clearly shown on construction plans. Orange construction fencing shall be installed upslope of the ~ Mitigation Measure 2E-2 a Mitigation Measure IS-3 ~ EIR Recommended Condition of Approval 10 Ibid. Ibid 12 Ibid Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to 5-08-020 Page 6 of 26 outer edge of the riparian setback and shall not be disturbed except as required for installation of the bioswales and outfall. • Require all access routes, staging areas, stockpile areas, and equipment maintenance areas to be located outside of the riparian corridor and setback area. • Construction materials and equipment shall not be stockpiled or stored where they could be washed into the water or cover aquatic or riparian vegetation. 18. 13EXTERIOR LIGHTING. Design exterior lighting so that it is directed to the ground and not directed toward the riparian corridor. 19. 140UTFALL. Final drainage plan design details shall include outfall details that conform to Design Guide 12 of the Santa Clara Valley Water Resources Protection Collaborative's "Guidelines for Land Uses Near Streams". 29- ~SWATER QUALITY- CC&R's. The project's CC&Rs shall require regular inspection and maintenance of the bioswales and drainage system improvements consistent with the Town of Los Gatos "Engineering Design Standards." 21. ARCHAELOGICAL. In the event archaeological traces are encountered, all construction within a 50 meter radius of the find shall be halted, the Director of Community Development shall be notified and an archaeologist shall be retained to examine the find and make appropriate recommendations. 22. NATIVE AMERICAN REMAINS. If human remains are discovered, the Santa Clara County Coroner shall immediately be notified. The Coroner will determine whether or not the remains were Native American. If the Coroner determines that the remains are not subject to his or her authority, the Coroner shall notify the Native American Heritage Commission, who would attempt to identify descendants of the deceased Native American. 23. ARCHAEOLOGICAL FIND. If the Director of Community Development finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provision for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native i3 Ibid. 14 Ibid. 15 Ibid. Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to 5-08-020 Page 7 of 26 American and for reburial will follow the protocol set forth in Section 15064.5 of the CEQA Guidelines. If the site is found to be a significant archaeological site, a mitigation program must be prepared and submitted to the Director of Community Development for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. 24. FINAL ARCHAEOLOGICAL REPORT. A final report shall be prepared at the applicant's cost when a find is determined to be a significant archaeological site and/or when Native American remains are found on the site. The final report shall include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. 25. ARBORIST REPORT. The applicant shall implement the 29 recommendations provided by the Town's Consulting Arborist, Arbor Resources, in the report dated February 5, 2007. These recommendations are included as Attachment 1 of the Initial Study. 26. GOOD NEIGHBOR FENCE. The proposed six foot high, solid wood "Good Neighbor" fence along the east side of Lot 1 and south side of Lots 5 and 6 shall be constructed as early as possible (prior to project grading activities if possible) to help reduce construction noise at existing adjacent residences. 27. CC&R's -SANTA CLARA VALLEY WATER DISTRICT. The CC&R's shall be reviewed and accepted by the Town of Los Gatos and the Santa Clara Valley Water District, and shall include statements of homeowner responsibilities as may be provided by the Santa Clara Valley Water District. 28. CC&R's. RIPARIAN CORRIDOR CC&R's shall include a statement regarding the responsibilities of living next to a riparian corridor, the limitations on the uses of the rear yards for Lots 1 tlu•ough 4. The CC&R's shall also include a statement that no physical or built improvements are allowed within the Santa Clara Valley Water District easement or ten foot Riparian Buffer zone. 29. CC&R's -SAN FRANCISCO DUSKY FOOTED WOODRAT NEST. The CC&Rs shall include a statement that the endangered San Francisco Dusky Footed Woodrat has been located on the property and shall provide homeowner information on how to identify and avoid nests. Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/5-08-014 to S-OS-020 Page 8 of 26 30. CC&R's -REPLACEMENT OF TRANSPLANTED TREES. The CC&R's shall include a statement that identifies transplanted trees and provides measures for their replacement if they do not survive within 5 years of h~ansplanting. Replacement trees shall be determined by Town Code requirements at the time of replacement. 31. CC&R's -NON-NATIVE SPECIES MANAGEMENT. The CC&R's shall include a statement regarding the homeowners responsibility for ongoing eradication of invasive herbaceous vegetation and follow-up removal ofnon-native tree re-sprouts in accordance with the Riparian Enhancement Plan prepared by H.T. Harvey & Associates, June 12, 2008. 32. DEED RESTRICTION. Prior to fmal occupancy, deed restrictions shall be recorded for Lots 1 through 4 at the applicant's expense, which discuss the responsibilities of living next to a riparian corridor. 33. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape Ordinance, Chapter 26, Article IV of the Town Code. A fee as established by Town Council resolution shall be paid when the landscape, irrigation plans -and water calculations are submitted for review prior to the issuance of building permit. ~ 34. NEW TREES. All newly planted trees are required to be double staked to Town standards. 35. GENERAL. All newly planted trees shown on the plan are specific subjects of approval of this plan and must remain on the site. 36. IRRIGATION. All newly planted landscaping shall be irrigated by an in-ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and shrubs. 37. PROTECTIVE FENCING. Prior to any equipment arriving on site and prior to construction or building permits being issued, the applicant shall meet with the Town's Consulting Arborist, at the developer's expense, concerning the need for protective fencing around the existing trees and other required tree protection measures identified in this ordinance. Such fencing is to be installed prior to, and be maintained during, construction. The fencing shall be a five foot high chain link attached to steel poles driven at least 18 inches into the ground when at the dripline of the tree. If the fence has Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/5-08-014 to 5-08-020 Page 9 of 26 to be within eight feet of the trunk of the tree, a fence base may be used, as in a typical chain link fence that is rented. (Building Division) 38. PERMITS REQUIRED: A building permit shall be required for the seven proposed dwelling units and the demolition of any structure(s). 39. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover sheet of the construction plans submitted for a building permit. 40. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24" x 36". 41. PLAN PREPARATION: The construction plans far this project shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 42. DEMOLITION REQUIREMENTS: Contact Town of Los Gatos Building Counter technicians for demolition requirements and complete the process before obtaining a building permit for demolition of such work. 43. LEAD-BASED PAINT. A state certified lead-based paint professional shall be retained to perform alead-based paint survey of the existing structures and the recommendations of the professional shall be followed for abatement of any identified lead-based paint prior to demolition of the structures. 44. HAZARDOUS MATERIALS. The identified hazardous materials being stored on site shall be carefully removed prior to demolition and grading, and legally disposed of in accordance with local, county and state regulations. 45. HOUSE NUMBERS: The developer shall submit requests for additional house numbers prior to the building permit application process. 46. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residences shall be designed with adaptability features for single-family residence per Town Resolution 1994-61. a. Wooden backing (no smaller than 2" x 8") shall be provided in all bathroom walls, at water closets, showers and bathtubs located at 34" from the floor to the center of the backing, suitable for the installation of grab bars. Conditions of Approval 15881 Linda Avenue and 15950 Stephenie LanelS-08-014 to S-08-020 Page 10 of 26 b. All passage doors shall be at least 32" wide on accessible floor. c. Primary entrance shall have a 36" wide door including, a 5"x5" level landing, no more than 1" out of plane with the immediate interior floor level, with an 18" clearance. 47. SOILS REPORT: Two copies of 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. 48. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site regaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Pad elevation b. Finish floor elevation c. Foundation corner locations 49. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF- 1Rand MF-1R. 50. TOWN FIREPLACE STANDARDS: New fireplaces shall be EPA Phase II approved appliances as per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 51. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, 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 permits, in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building Division Service Counter. The Town Special Inspection schedule shall be blue-lined on the consriuction plans. Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to 5-08-020 Page 11 of26 52. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program specification shall be part of the plan submittal. The specification sheet is available at the Building Division Service Counter. 53. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape Ordinance, Chapter 26, Article IV of the Town Code. A fee as established by Town Council resolution shall be paid when the landscape, irrigation plans and water calculations are submitted for review prior to the issuance of building permit. 54. NEW TREES. All newly planted trees are required to be double staked to Town standards. 55. GENERAL. All newly planted trees shown on the plan are specific subjects of approval of this plan and must remain on the site. 56. IRRIGATION. All newly planted landscaping shall be in~igated by an in-ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and shrubs. 57. PROTECTIVE FENCING. Prior to any equipment arriving on site and prior to construction or building permits being issued, the applicant shall meet with the Town's Consulting Arborist, at the developer's expense, concerning the need for protective fencing around the existing trees and other required tree protection measures identified in this ordinance. Such fencing is to be installed prior to, and be maintained during, construction. The fencing shall be a five foot high chain link attached to steel poles driven at least 18 inches into the ground when at the dripline of the tree. If the fence has to be within eight feet of the trunk of the tree, a fence base may be used, as in a typical chain link fence that is rented. 58. APPROVALS REQUIRED: The project requires the following agencies approval before issuing a building permit: a. Community Development Department b. Parks and Public Works Department c. West Valley Sanitation District: 378-2407 d. Santa Clara County Fire Department: 378-4010 e. Santa Clara Valley Water District f California Regional Water Quality Control Board Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to 5-08-020 Page 12 of 26 g. California Department of Fish and Game h. U.S. Army Corps of Engineers i. Los Gatos Union School District Note: Obtain the school district form from the Town Building Service Counter after the Building Division plan check has approved the plans. TO THE SATISFACTION OF THE DIRECTOR OF PARI{S AND PUBLIC WORKS: (Engineering Division) 59. 16EROSION CONTROL. Implement erosion control measures, including, but not limited to: • Require temporary fencing on the western outer edge of the riparian vegetation canopy during construction to prevent inadvertent erosion, sedimentation, and/or construction debris from entering the adjacent riparian area or Ross Creek. Prohibit construction activities, placement of spoils, and storage of materials and machinery in the riparian setback. • Provide adequate erosion control protection in the area of the drainage outlets, such as use of silt fences, straw bale barrier or other protective measures • Conduct grading work prior to the rainy season; protect disturbed areas during the rainy season; and contain and/or properly de-water accumulated construction- related runoff from disturbed areas or excavated areas. • Restrict the tirning of installation of the drainage outlets to the periods outside the rainy season (generally June 1 -September 30). • Immediately re-vegetate disturbed areas. Apply weed-free mulch or re-vegetate all soil exposed as a result of the proposed grading before November 1st of each year in accordance with recommendations of Design Guide 5 of the Santa Clara Valley Water Resources Protection Collaborative's "Guidelines & Standards for Land Use Near Streams." • Inspect and repair/maintain all erosion control measures prior to and after any rainfall event exceeding % inch, at 24-hour intervals during extended storm events, and a minimum of every two weeks after the winter storm season. ~e Mitigation Measure 3B-1 Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to S-08-020 Page 13 of 26 • Locate staging and storage areas for equipment, materials, fuels, lubricants and _. solvents at least 100 feet from Ross Creek. Locate oil absorbent and spill containment materials on site when mechanical equipment is in operation with 100 feet of the creek. • If water is present in Ross Creek at the time of installation of the proposed drainage outfall, require a temporary coffer dam or other appropriate means (such as sandbags or straw bales) be installed for temporary dewatering and to minimize downstream water quality impacts. Allow water to continue flowing downstream or be diverted around the work site in a pipe or channel, and discharged in a non- erosive manner. Applicant shall provide the pre-construction survey to the Community Development Deparhnent and report of periodic inspections during construction to ensure protective fencing is in place 60. ~~AIR QUALITY. Require implementation of Bay Area Air Quality Management District recommended control measures for emissions of PM10 and other "Best Management Practices" (BMPs) s follows: • Water all active construction areas at least twice daily. • Cover all trucks hauling soil, sand and other loose materials or require all trucks to maintain at least two feet of freeboard. • Pave, apply water three times daily or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at constructions sites. • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. • Cover stockpiles of debris, soil and other materials which can become windblown. • Initiate re-vegetation and erosion control immediately upon completion of grading and prior to onset of the rainy season. Mitigation Measure IS-] Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to 5-08-020 Page 14 of 26 61. 18GEOLOGY AND SOILS. A geotechnical investigation shall be conducted for this project to determine the surface and subsurface soil conditions at the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab-on-grade construction, excavation, drainage, on-site utility trenching and pavement sections. The project shall incorporate all recommendations of the investigation in order to minimize the potential impacts resulting from regional seismic activity and subsurface soil conditions on the site. Applicant shall submit plan review letter from the geotechnical engineer stating that plans comply with the report. 62. CC&R's -ACCESS. The CC&R's shall include language to require easements and deed restrictions over the private street which will guarantee access rights in perpetuity. 63. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct public improvements in accordance with Town Code §24.40.020. 64. PUBLIC IMPROVEMENT SECURITY. The applicant shall supply suitable securities for all public improvements that are a part of the development in a form acceptable to the Town in the amount of 100% (performance) and 100% (labor and material) prior to issuance of any permit. Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. 65. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 18 Mitigation Measure IS-2 Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/5-08-014 to 5-08-020 Page 1 S of 26 66. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend apre-constriction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other constriction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 67. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 68. SOILS REPORT. One copy of the soils report shall be submitted with the grading permit 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. 69. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 70. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as-built" letterheport prepared by the applicant's soils engineer and submitted to the Town before final release of any occupancy permit is granted. Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/5-08-014 to S-08-020 Page 16 of 26 71. CERTIFICATE OF LOT LINE ADJUSTMENT. A Certificate of Lot Line Adjustment shall be recorded prior to recordation of the final map. Two copies of the legal description for each new lot configuration, a plat map (8-%2 in. X 11 in.) and two copies of the legal description of the land to be exchanged shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. The submittal shall include closure calculations, title reports less than 90 days old and the appropriate fee. The certificate shall be recorded before any permits may be issued. 72. DEMOLITION. Existing structures on the site shall be removed prior to recordation of the final map. 73. FINAL MAP. A final map shall be recorded. Two copies of the final map shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. Submittal shall include closure calculations, title reports and appropriate fee. The map shall be recorded before any permits are issued. 74. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash companies indicating that the proposed improvements and easements are acceptable shall be provided prior to recordation of the final map. 75. DEDICATIONS. The following shall be dedicated on the final map. The dedications shall be recorded before any permits ai•e issued. a. Linda Court. A 22-foot private street right-of--way with a 36-foot radius cul-de- sac. b. Public Service Easement (PSE). Five (5) foot wide, next to the Linda Ct. right-of- way. c. Ingress-egress, storm drainage and sanitary sewer easements, as required. Private storm drain easements shall be provided across lot 4 in favor of lot 5, and along the property line between lots 2 and 3. d. Sanitary Sewer Easement. Ten (10) to twelve (12) feet wide, as shown on the tentative map. e. Emergency Access Easement. Twenty (22) feet wide, from the end of the public road over the entire Linda Ct. Private right of way. Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/5-08-014 to 5-08-020 Page 17 of 26 £ Riparian Parcel. The Riparian Parcel, identified on the Tentative map as Riparian Area, shall be dedicated in fee to the Town and a flood control and maintenance easement shall be dedicated to SCVWD. 76. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by the Town prior to issuance of any permit. 77. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress printing to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water meters, off-street valve boxes, hydrants, site lighting, electrical/communication cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by Community Development prior to issuance of any permit. 78. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the final map. 79. CC&R's. CC&R APPROVAL shall be reviewed and approved by the Town Attorney, Community Development Department, and Parks and Public Works Department prior to recordation of the final map. 80. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. Drive. Curb, gutter, sidewalk, street lights, tie-in paving, signing, striping, storm drainage and sanitary sewers, as required. b. Restripe/Community Benefit. The applicant shall re-stripe the Blossom Hill Road intersection with Linda Avenue and Old Blossom Hill Road. The striping shall provide left turn pockets for both eastbound Blossom Hill Road traffic turning left on Linda Avenue, and for westbound Blossom Hill Road traffic turning left on Old Blossom Hill Road. Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/5-08-014 to S-08-020 Page I S of 26 81. SITE LIGHTING. Lighting photometrics shall be provided and approved by the Director of Community Development prior to the approval of the Tentative Map. 82. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the approval of the Town before altered work is started. Any approved changes shall be incorporated into the final "as-built" drawings. 83. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town harmless shall be provided in a format acceptable to the Town Attorney before recordation of the map. 84. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional the project's share of transportation improvements needed to serve cumulative development within- the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the request of Certificate of Occupancy is made. the fee shall be paid before issuance of the Certificate of Occupancy. The traffic impact mitigation fee for this project using the current fee schedule is $5,742 per each new home. The credit for the existing home will be pro-rated across each new home. The final fee shall be calculated form the final plans using the rate schedule in effect at the time of the request for a Certificate of Occupancy. 85. FUTURE STUDIES. Any post project traffic or parking counts, or other studies imposed by Planning Commission or Town Council shall be funded by the applicant. 86. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to submittal of plans to the Engineering Division of the Parks and Public Works Department. 87. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 88. FISH AND GAME REQUIREMENTS. Approval of a Streambed Alteration Agreement shall be obtained from the California Department of Fish and Game for proposed improvements in or near riparian areas within their jurisdiction. A copy of the permit shall be provided to the Parks & Public Works Department before any permits are issued. Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/5-08-014 to 5-08-020 Page 19 of 26 89. SCVWD. Applicant shall submit evidence of acceptance of the Dedicated Easement and approval of an Encroachment Permit from the Santa Clara Valley Water District for all work within their jurisdiction. Permits shall be obtained prior to issuance of any Town permits. 90. REGIONAL WATER QUALITY CONTROL BOARD. Approval of a Wastewater Discharge Permit and review of "Notice of Intent" and Storm Water Pollution Prevention Plan from the Regional Water Control Board shall be provided prior to issuance of any permits. In the event that no permit is required from this agency, a letter stating as much shall be provided. (This condition is intended to address the storm drain outfall). 91. ARMY CORPS OF ENGINEERS. Authorization under Nationwide Permit 7 for Outfall structures and Associated Intake Structures and Nationwide Permit 33 for Temporary Construction, Access and Dewatering was given on August 26, 2008. Applicant shall provide a letter from this agency stating that the permit is still valid, or the applicant shall provide current permits from the Army Corps of Engineers prior to issuance of any Town permits. (This condition is intended to address the storm drain outfall). 92. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 93. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of--way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of--way according to this condition may result in the Town performing the required maintenance at the developer's expense. 94. 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. 95. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to 5-08-020 Pcrge 20 of 26 to on-site drainage facilities, grading or paving, and all work in the Town's right-of--way. Failure to do so will result in rejection of work that went on without inspection. 96. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall--top of wall elevations and locations b. Toe and top of cut and fill slopes. 97. CONSTRUCTION ACCESS. Construction access shall be provided from Linda Avenue. No access will be allowed via Stephenie Lane. 98. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing building on an area if grading is allowed during the rainy 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 grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of the most cunent Santa Clara County NPDES Permit. 99. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building conshuction 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 pot•Cions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of tluee 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. Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to S-08-020 Page 21 of 26 Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 100. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§ 15.40.070). 101. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. 1D2. STORM WATER MANAGEMENT PLAN. A storm water management shall be included with the grading permit application for all Group I and Group 2 projects as defined in the amended provisions C.3 of the amended Santa Clara County NPDES Permit. The plan shall delineate source control measures and BMP's together with the sizing calculations. The plan shall be certified by a professional pre-qualified by the Town.- In the event that storm water measures proposed on the Planning approval differ significantly from those certified on the Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The applicant may elect to have the Planning submittal certified to avoid this possibility. 103. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS. The homeowner's association shall enter into an agreement with the Town for maintenance of the storm water filtration devices required to be installed on this project by Town's Storm Water Discharge Permit arid all current amendments or modifications. The agreement will specify that certain routine maintenance shall be performed by the homeowner's association and will specify device maintenance reporting requirements. The agreement will also specify routine Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to 5-08-020 Page 22 of 26 inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 104. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 105. UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. 106. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: cm~bs, 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. 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. Developer shall request awalk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 107. DRIVEWAY APPROACH. The developer shall install one Town standard residential driveway approach at each new driveway. The new ,driveway approach shall be constructed per Town Standard Details. 108. AS-BUILT PLANS. After completion of the construction of all work, the original plans shall have all changes (change orders and field changes) clearly marked. The "as-built" plans shall again be signed and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "as-built" plans shall be review and approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as- built" plans shall be provided to the Town before the Faithful Performance Security or Occupancy Permit is released. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: a) Building Outline, Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/5-08-014 to S-08-020 Page 23 of 26 Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: __ RETAINING WALL; d) Swimming Pool, Layer: SWIMMING-POOL; e) Tennis -Court, Layer: TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours, Layer: NEWCONTOUR. All as-built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 109. SANITARY SEWER LATERAL..Sanitarysewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line. 110. 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 Administrative (Sec. 6.50.025). 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 section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 111. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the. property plane shall not exceed eighty-five (85) dBA. 112. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/5-08-014 to S-08-020 Pcrge 24 of 26 The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. 113. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction. 114. HAULING OF SOIL. Hauling of soil on or off-site shall not occur during the morning m• evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the developer shall work with the Town Building utd Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient haffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the developer/owner to place conshuction notification signs noting the dates and time of construction and hauling activities, or providing additional haffic control. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. 115. UTILITY SETBACKS. House foundations shall be set back from utility lines a suffdent distance to allow excavation of the utility without undermining the house foundation. The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the proj ect soils engineer, and the type of foundation. 116. MAINTENANCE ACCESS. The applicant shall propose maintenance access improvements for the Town Engineer to review, comment on, and approve. The Engineering Division shall approve the surface materials over each public- easement. 117. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plata, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, atld proposed outhouse locations. All construction staging and parking shall occur on-site. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 118. REQUIRED FIRE FLOW. Required fire flow for this project is 1,000 GPM at 20 psi. residual presstue. 109. FIRE HYDRANTS. Provide one public fire hydrant at a location to be determined by the Fire Department and the San Jose Water Company. Hydrant(s) shall have a minimum Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to 5-08-020 Page 25 of 26 single flaw of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for a building permit, the applicant shall provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all required fees to the water company ASAP. 110. HYDRANT INSTALLATION. Fire hydrants shall be installed and located along the new or replacement water main installation(s), at a maximum spacing of 500 feet. Provide hydraulic calculations to show that the required fire flow will be provided. 111. TIMING OF REQUIRED WATER SUPPLY HYDRANTS. Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance maybe withheld until required installations are completed, tested and accepted. 112. FIRE ACCESS ROADS. The applicant shall provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet six inches, minimum circtdating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications sheet A-1. 113. ROADWAY TURNAROUND. The applicant shall provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications sheet A-l. Cul-de-sac diameters shall be no less than 72 feet. 114. FIRE LANE MARKINGS. The applicant shall provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 115. PARKING ALONG ROADWAYS. The required width of the fire access roadways shall not be obstructed in any manner and parking shall not be allowed along roadways less than 28 feet in width. Roadway widths shall be measured curb face to curb face. 116. TIMING OF ROADWAY INSTALLATIONS. Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation is complete. During construction, emergency access roads shall be Conditions of Approval 15881 Linda Avenue and 15950 Stephenie Lane/S-08-014 to 5-08-020 Page 26 of 26 maintained clear and unimpeded unless alternative solutions are approved by the Pire Department. Prior to issuance of a building permit, the developer shall contact the Fire Department to discuss their plan for maintaining the emergency access road during construction. Note that building permit issuance may be withheld until installations are completed. 117. PREMISES IDENTIFICATION. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background: W1DGV~CONDITNS@010\15881 Linda Ave 8-I I-IO.dac PLANNING COMMISSION -AUGUST 11, 2010 REQUIRED FINDINGS & CONSIDERATIONS FOR: 15881 Linda Avenue and 15950 SterJhanie Lane Planned Development PD-08-004 Environmental Impact Report EIR-09-O1 Architecture and Site Applications 5-08-014 - 5-08-020 Requesting approval to change the zone from R-1:8 to R-1:8PD for a seven lot subdivision and for a lot line adjustment between two parcels zoned R-1:8 and approval to demolish a single family residence and to construct seven single family residences. An Environmental Impact Report (EIR) has been prepared for the project in accordance with the California Environmental Quality Act (CEQA). APNS 523-25-052 (formerly -020) and -051 (formerly -036). PROPERTY OWNERS: Mission Way Partners and Dan Blue APPLICANT: Mission Way Partners FINDINGS: Required finding for CEQA: The Town Council must make findings for the certification of the EIR. Required consistency with the Town's General Plan: The proposed Zone Change is internally consistent with the 2000 General Plan and the Draft 2020 General Plan their Elements. Required consistency with the Town's Traffic Policy for a community. benefit: Projects that generate additional traffic of five or more peak hour trips may only be recommended for approval ifthe project's benefits to the community override the traffic impacts as determined by specific sections of the General Plan and/or any Specific Plan. If a project generates additional traffic of five 6r more peak hour trips the burden is on the applicant to cite economic or housing benefits to the Town and/or specific sections of the General Plan and any applicable Specific Plan that demonstrate the project's benefit to the Community which outweighs the traffic impact. The deciding body must make specific findings which demonstrate that the benefit(s) of the project outweigh the impact in order to approve the project. The applicant is offering a community benefit to make improvements at the intersection of Linda Avenue and Blossom Hill Road. A left turn pocket is proposed to be installed on Blossom Hill Road to turn onto Linda Avenue and Old Blossom Hill Road ffiIBIT 5 Regtaired consistency with the Town's Infll Policy for commtmity benefit: 1. The project contributes to the fiuther development of the surrounding neighborhood by: improving circulation through the improvements proposed tluough the community benefit for traffic impacts; conh~ibuting to neighborhood unity by providing riparian enhancements along Ross Creek and dedicating a portion of the creek area to the Town as well as easements to the Santa Clara Valley Water District; and will not detract from the existing quality of life. 2. The prof ect is designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, provides comparable lot sizes and open space, considers garage placement, setbacks, density, provides adequate circulation and on- street parking. Additionally, the project blends rather than competes with the established character of the area. 3. Corridor lots are not proposed. 4. The applicant has demonstrated the benefit of a Planned Development through excellence in design. 5. The project demonstrates a strong community benefit and findings of benefit are part of the record. Rerluired finding for the Architeetttre attd Site applications: 1. The riparian corridor has been surveyed and verified for accuracy by the consulting biologist in consultation with the California Department of Fish and Game. 2. The project will prohibit development within the riparian area through dedications, easements and a riparian setback buffer. 3. The project incorporates riparian enhancements as proposed by the Riparian Enhancement Plan. 4. The applicant has presented well developed plans to demonstrate excellence in architecture and quality of materials. 5. The project is well designed with a great deal of variety in layout and design. 6. The proposed homes are architecturally compatible with the mix of homes in the neighborhood. The proposed residences are compatible in size with newer residences built in the neighborhood where home sizes in the neighborhood range from 952 square feet to 3,493 square feet and-the proposed homes range in size from 2,450 square feet to 3,017 square feet. 8. The proposed lots are compatible with lots in the neighborhood which range in size from 7,405 square feet to 22,215 square feet while the proposed lots range from 7,885 square feet to 11,238 square feet. 9. The proposed density of 3.98 units per acre is comparable to the density of the existing neighborhood of 3.39 units per acre even without taking the riparian corridor along properties on Rochin Terrace and Linda Avenue into account. 10. Approximately 30,485 square feet of the project site has been dedicated or set aside for protection of the riparian corridor. 11. The proposed square footages and FARs are appropriate for the site. 12. The landscape plans have been reviewed by staff, the environmental consultant and the Santa Clara Valley Water District for consistency with the Guidelines and Standards for Land Uses Near Streams. 13. A condition has been included in the proposed PD Ordinance requiring the CC&R's to provide monitoring of the transplanted trees for five years and replacement per Town Code requirements for any tree that does not survive. 14. The subdivision will provide dedications to the Santa Clara Valley Water District which will further enhance enjoyment of the stream corridor. I5. Conditions have been included to require easement and deed restrictions over the private street as part of the CC&Rs which will guarantee these access rights in perpetuity, subject to the control of regulatory agencies. Rewired firstling for the demolition of a single family residence: As required by Section 29.10.09030(e) of the Town Code for the demolition of a single family residence: 1. The Town's housing stock will not be affected since seven houses will replace the house and unlawful secondary dwelling unit; The existing structures have no architectural or historical significance as they were constricted after 1941; 3. The property owner does not desire to maintain the structures as they exist; and 4. The economic utility of the house and unlawful secondary dwelling unit is poor, and are no longer used as living units, and the proposed project and site layout cannot be accomplished without removal of the structures. CEQA findings for certification of the Enviro~mentallnxpact Report: 1. The potentially significant impacts of the project on Biological Resources, Hydrology and Water Quality, Air Quality, Geology and Soils, and Noise will bemitigated to aless- than-significant level by the imposition of the mitigation measures as described in the Mitigation and Monitoring Program for the Linda Court Residences Project (the "Program") attached to this Resolution as Exhibit "A". Changes or alterations have been required in, or incorporated into the project which, avoid or lessen to a less than significant environmental effect as identified in the Final EIR. 2. In consideration of the project Alternatives, the 7-lot development as proposed has been mitigated and redesigned so that there are no significant impacts, the project as proposed meets performance and compatibility standards, provides high quality architectural design, is of a compatible density with the sru-rounding neighborhood, and will add seven units to the Town's housing stock. Further, the project Alternatives do not offer a better project in terms of performance, compatibility or envirommental criteria. 3. The project will preserve and enhance Ross Creek as an open space amenity through provision of open space, creek dedication to the Town, easement dedication to the Santa Clara Valley Water Dishict and riparian setbacks 4. The project will restore Ross Creek to a more natural state by removing invasive and non-native vegetation in conformance with the Riparian Enhancement Plan prepared by H.T. Harvey & Associates, dated June 2008. CONSIDERATIONS: Considerations in review of Architecture & Site applications: As required by section 29.20.150 of the Town Code, the considerations in review of an architecture and site application were all made in reviewing this project. N:\DEVIHEATHER BU.INDA\S~affRepons\15881 Linda PC Conditims of APPSOVal.doc RECE~O/E JUl Z 7:2010 TOWN OF LOS GATOS PLANNING DNISION July 26, 2010 Heather Bmdley Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 RE: Linda Court Dear Ms. Bradley: The purpose of this letter is to provide justification for the approval of the development project located at 15881 Linda Avenue, commonly known as the Linda Court project. The owners of the project, who live and work in this community, appreciate the Town's efforts to fmalize and approve the Linda Court permits. The justification for approving this project, and the community benefits, include the following: 1. The planned project complies with all Town ordinances and general plan sections, including zoning. The project was previously approved by the planning commission in 2007 and Town Council in eazly 2008. The project is essentially the same project, except that setbacks from Ross Creek and the riparian corridor have been slightly increased in some areas. The entire project is now located outside a carefully protected riparian buffer zone. One required stomrwater ouifall will be properly permitted and located adjacent Ross Creek, in the same area as the stormwater outfall from the homes across the creek, and the same azea as the West Valley Sanitation District mrmicipal sewer line that cans along the length of Ross Creek in this neighborhood. Z. The project will create seven Herr residences in a plamred urban fill azea which is within walldng distance to nearby schools and major retail and service centers. In addition to helping the Town meet its housing goals, this project reduces urban sprawl and protects emnro~emally pristine hillside areas, encourages pedestrian activity, and encourages and builds community connections. These are development features which are strongly recommended by the Association of Bay Area Governments (ABAG). 3. The project will increase property tax revenue from approximately $2,000 to an estimated $200,000. 4. The project will improve and restore the Ross Creek riparian comdor by removing the non native invasive species and replanting and restoring native species. This will restore Ross Creek in this azea to a more natural condition. Emergency access to Ross Creek is also provided for in the project, where none previously existed. Further, the incorporated Home Owner's Association will manage aad monitor activity E%BIBIT 6 along the creek to ensure envronmental protection, a measure which has been largely ignored in the adjacent neighborhood and is badly needed along this section of Ross Creek. 5. The project incorporates significant private open space and riparian buffer areas, which will flu Cher enhance neighborhood chamcter. 6. The project creates no significant environmental impacts. The temporary impacts that may be caused by construction activities aze to be mitigated as detailed in the EIlZ In addition, the consolidation and concentration of housing that results from the planned development of Linda Court creates conshuction, labor, transportation and material efficiencies that reduce environmental impact and greenhouse gas for each new residence built 7. In addition to encouraging pedestrian activity in the neighborhood by providing homes within mbar fill areas near major community services, the applicant will be improving pedestrian and traffic safety by reshaping Blossom I3il1 Road and Linda Avenue adjacent the project. 8. This is an exceptional planned development, incorporating excellence in design and environmental protection, and providing individually unique custom homes that enhance the neighborhood chazacter. These individually designed custom homes will improve neighborhood character and value while maintaining environmentally protective setback and stewardship. This project has now been in the permit process for over five years. It was previously approved by the Town in 2008, but a subsequent court order required the Town and the owners to provide an Environmental Impact Report (EIR) rather than a Mitigated Negative Declaration (MND) in order to demonstrate compliance with the California Environmental Quality Act (CEQA). Although the primary basis of the court decision, as wrongfully provided by Mr. Lawrence Johmami of the Guadalupe-Coyote Resource Conservation District, has since been established by State officials as misleading and misrepresemative, the required EIIt has nevertheless been fully processed and provided. The applicants believe they have taken exlmordinary measures to obtain dre appropriate permits for this project, including gaining the approval of all of thenecessary oversight agencies during the process, and that based on the justification and community benefits outlined above, and the completion of the required EIR process, the Linda Court project clearly deserves final approval at this time. `, .Sincerely, Terry McElroy Page 2 Government Agencies and Departments that have reviewed the project and found no conflicts Los Gatos Planning Department Los Gatos Engineering Department Santa Clara County Central Fire District Los Gatos Building Department West Valley Sanitation District 4 Santa Clara County Water District California Resources Agency California Department of Fish and Game California Department of Parks and Recreation California Department of Water Resources California Department of Highway Patrol Cal-Trans Regional Water Quality Control Board Department of Toxic Substances Native Heritage Commission City of San Jose Planning County of Santa Clara Planning List of Consultants Hired by Town of Los Gatos No Significant Impacts on Environment Strelow Consulting Eco Systems West Consulfing Group Schaaf and Wheeler Dan Ballanti- Greenhouse gas Calculations Geier and Geier Consulting Inc. Wood Biological Consulting Arbor ResourceslDavid Babby Holman 8d Associates Archaeological Consultants Cannon Design Group ,~ ~*s~, BOARD FOR PRQFGSSIONAt CNGINI"LRS AND L,AND.SURVEYGI;S .~ a ~;~.,~`~ 2535 Capitol Oaks Drive Suite 300,. Sa~ramerito, CA 95b33-2944 y a¥ ~} F~{ yj Telephone: (916).263 2222 Toll Free: 4-866-7$0-5370 ~ti[~r~t ~Y' Facsun de: (416)263 2246 .v ~'°qoy_ a\e~, www.pels.ea.~ov 'S.~. Febntary 4, 2010 Frin Garner SfiteGarnMarc, LLP 15936 Barry Lane Monte Sereno, California. 95030 Ii6\'COIOf ff ^.;", y >~-k~ ~ ; I2);: Case No. 2008-05-169 against Lawrence 7olitiiann , ~ullity.)/ttgineer License No.~4i57.. . Dear iMr•. Garnec: This letter concerns the complaint that was fled against Lawrence Jal)mann pertaining to the report he prepared for die Guadalupe-Coyote Resource Conservation Districi, wErich discussed the impact on Ross Creek of a proposed development at 15881 Linda fiowt and 15950 Stepliaiiie Lame in Los Gatos, California. The entire case was sent to the revietiving technical expert for a final opinion. "The technical expert explained that although. anyone may petfarm a hydrologic analysis if the word. is not done for hire, when such analysis is done by a civil engineer, in whose realms of expertise such an analysis resides, the vialysis carries more weight than. if it is performed by an utilicensed individual. The technical expert opined that Mr. Johmann's inclusion of P.F. on the title btock of the report without specific explanation that. his use of the P.E. title is for a branch of etrgineering that has no counectian with recognized expertise in such an analysis is misleading. Based on documentation in the case file, the techrical expert opined that it does appear lull Mr. Jolunatut's analysis was taken more seriously than it otherwise wotdd have been had he taken. the necessary steps to dispel any misccinceptions about liis professional qualifications among the audience- of his report. The technical expert .did explain that as long as hydrologic analysis is .not done for lyre, licensure as a civil engineer is iurnecessary. Additionally, the technical expert opined that Mr. Johmann's role as an officer of the wyvw •wo~mw ,..uuacivuuvu U\su rot ^ppcuts tV UG llt GVtullGt bVllll IlIS 1SSaing a repO1T, IHKIng a nrnnber of positions, on a development that is within the sphere of influence of the govet'mnental agency body on which he sits. Mi. Johmann has been advised that. it is importwt that he take ehe necessary steps to ensure that 1) he does not engage im activities that amonmC to a conflict of interest; and 2) he does not represenC himself as a civil engineer since, as a professional engineer, he has a responsibility to take positive steps to avoid misleading the public abort his qualifications. E%HIBIT 7 Please note that legislation enacted dining the 4th Bxtraordinaty Session of 2009 (ABx4 20) eliminated the Board for Geologists and Geophrysicists acid transferred all of fhe duties, powers, purposes, responsibilities,. and jurisdiction to regulate the practices of geology and. geophysics to the Board For Professional Engineers and Land Surveyors. The transfer of autlioriry became effective October 23, 2009. The Geologist and Geophysicist Act (Business and Professions Code section. 7800, et seq.) and the Rules and Regulations pertaining to the practices of geology and geophysics (Title 16, California Code of Regulations section 3000, et seq.) remain in effect. The practices of geology and geophysics are still regulated. Individuals must still obtain liceusure and practice in accordance with the laws and professional standards relating to geology and geophysics. The only change is that the Board for Professional Engineers and Land Smveyors will now be enforcing those laws. The case against Mr. Johmatm that you filed with the former Board for Geologists and Geophysicists is still under investigation. Please contact Conine Gray at 916.263.1846 if you have - - any-questions about the case concerning alleged violations of the Geologist and Geophysicist Act. If you have any questions regarding this matter; you may contact me by telephone at 916.263.2282 or by e-mail at Brook_Grabowski~dca.ca.gov. Sincerely,. . ~~r~t BROOK GRABOWSl{I Enforcement Analyst ITEM 2: 15881 Lind nue and 15950 Steohenie Lane R Conceptual llevelopment Application CD-06-02 Requesting preliminary review of plans to demolish a single family and to change the zone from R-1:8 to R-1:8:PD for an 11 lot subdivision and for a lot line adjustment between two parcels zoned R-1:8. APNS 523-25-020 and 036 PROPERTY OWNERS: Jennifer Den Daas and Dan Bhie APPLICANT: Linda Court Partners Comments: 1. Applicant was complimented on the proposed green building techniques. 2. Density is a concern including mass, scale and orientation. A density reduction is necessary: 3. The setbacks should be consistent with the existing neighborhood. The proposed front setbacks are good. 4. The materials proposed in the open space areas were complimented. It was recommended that these materials be incorporated in the architecture of the proposed houses. The houses should be designed to be more natural in character. 5. Fences should be of an open design. 6. The BMP unit needs to be more compatible in terms of square footage with other units. 7. Ensure that plans are reviewed by Fish & Game and the Regional Water Quality Control Board. 8. Project must be consistent with the General.Plan. 9. Concern if trail is private. lU. Consider incorporating a variety of house types and sizes. 11. Provide explanation of how the project as been designed above and beyond required green building techniques. 12. Creating aseparate/unique neighborhood within an existing neighborhood is not recommended. 13. Look at incorporating a public street. 14. The development needs to fit better with the existing neighborhood. 15. Compare density to existing neighborhood -project density should be comparable to existing development. 16. Ensure project is set back from the creek and meets requirements of agencies involved. 17. Questionable if a higher density was preferred to get a BMP unit, or have a lower density and collect the in-lieu BMP fee. 18.-Community-benefit-must be-provided, - -- ADJOURNMENT Meeting adjourned at 5:15 p.m. The next regular meeting of the Coricephial Development Advisory Committee is Wednesday, September 14,2005. Prepared by: Bud N. Lortz, Dir ctor o ommunity Development cc: Planning Commission Chair N:\DE V\CDACWIINUTES12005\8-) 6.05. mi n. wpd E%HIBIT 8 STUDY SESSION COMD'IENTS JiTLY 12, 2006 Questions: 1. What is the average slope of the of the project area? 2. What are the constraints to locate the street closer to the street? 3. Is the proposed design the best alternative? 4. Who owns the creek? Comments: 1. Public trail is a problem. 2. Planned Development is good. 3. Density should be what is allowed for a standard subdivision. 4. Standard subdivision conditions should be imposed with a narrow street. 5. With the smaller street, parking must be dealt with. 6. Provide an analysis of alternative site designs. 7. No tandem parking in the garages. 8. Density vs Intensity is an issue. 9. Rochin Terrace is a different neighborhood than Linda Avenue. 10. book at eliminating the retaining walls around the base of the Oak tree and along the creek. No fill. 11. Mass and scale of the proposed houses is not consistent with the neighborhood. Needs to be scaled back. 12. Look at a mix of one and two story houses. No three story elevations. 13. Foundation and rooflines should follow the contours. 14. Don't make this a separate neighborhood. 15. Move the houses away from the creek so the houses will look down to the creek with a large open space in front of the creek. 16. The BMP should not be used to buildup the density. N:1DEV\SANDY~MIS Cuinda. study. comments.wpd E%HIBIT 9 >iRt'IiCI'Eis;°t'LrttF pLt,r~thic; t1FCH~h• 1)F~titl~u November 20, 2006 Ms. Sandy Baily Community Development Department Town of Los Gatos 110 E. Main Street P.O. Box 949 Los Gatos, CA 95031 RE: 15881 Linda Avenue Dear Sandy: I reviewed the drawings, and visited the site. My comments and recommendations are as follows: Neighborhood Context The neighborhood is rather eclectic with a mix of one and two story houses. A new house is currently under construction adjacent to the entry to this proposed complex of homes. It is larger, and more forma] in style than the neighborhood as a whole, but represents a scale and style that is not atypical of new homes in the community. The site itself is rather isolated fiom the remainder of Linda Avenue, and development here will have little visual impact on the residents of that street. The site itself is largely screened from outside views with existing vegetation. Photographs of the site and neighborhood are shown below. entry Two story house under construction on Linda Avenue at entry to the proposed subdivison (This is the initial submittal drawing) `f$t: 41.331:3 Ft~X; #15,31,37}7 18Q ti,5Re4R ARLVF,~1F'621).5ik~~A7:11"[7-c~trdt E%HIBIT 10 View to house across street from subdivision entry View down Rochin Terrace at subdivision Two story house on Linda Avenue 15SS1 Linda Avenue Design Review Comments November 20, 2006 Page 2 While the proposed houses are larger than many along the adjacent Linda Avenue and Rochin Telxace, the project seems very well designed with a great deal of variety in layout and design. Given the specifics of the planning and design of the project, along with its topography, relative isolation from the Linda Avenue streetscape and the scale and character of the adjacent new home under construction, I am not concerned with this subdivision;appearing foreign to the neighborhood. The use of some side loaded garages and a variety of well articulated traditional home designs should provide an interesting small neighbor- hood. So long as the detailed design of the homes follow the traditional materials and details one would expect of the architectural styles, I have only a couple of comments and recommendations. 1. The one exception to trees screening development on this site from outside view is the edge adjacent to Lot 1. The existing adjacent house will be impacted by the long right side elevation of the proposed house on Lot 1 (See photo below). The current site plan seems to indicate that the sanitary sewer easement along the property line would likely limit buffering landscaping along the property line. There are only a couple of potential mitigation treatment that I can think of as follows: • Adjust the site plan layouts of Lots 1- 3 to provide enough area to plant buffering landscaping along the Lot 1 property line • Offer to plant buffering landscaping on the adjacent existing property owner's lot C:LNiYON OE3IGN GROUP 190 E3e1#t3DA ©ftlve,SG-fil:2:1%. SAUS.4LLCQ.Gt194%6i View to project entry from Linda Avenue View to adjacent property entry to the north View along middle of the site looking southwest View from project fooking northwest 16881 Linde Avenue Design Review Comments November 20, 2006 Yage 3 Lot 1 facade facing existing house 2. Garages on Lots 1 and 2 will occupy over 50% of the houses' front facades. This is generally undesir- ab1e.However, Ithink that the otherwise strong design of these houses and the separation of the garage into two doors will overcome that problem. I would suggest, however, that the garage doors be deeply recessed in their openings. Sandy, please let me know if you have any questions, or if there are specific issues of concern that I did not address. Sincerely, CANNON DESIGN GROUP ~~~~ Larry L. Cannon AICP President G~lh#EFC)TI DFS1C:t~1 CtROllP 180 7tARBOR ©BiVE.3EtTiL 31ry,SttiJ8t1LC€O. £Ai4 Existing house adjacent to Lot 1 Jan 27 2006 4:58PM . . ~flnEtr6T't8ItI011 Corisultairfs° January 27, 2006 Ms. Hanna Olofsen Linda Court Partrrers 214 Alameda Avenue Los Gatos, CA 95030 Ph.408-202-8485 Via Fax Only: 408-399-4462 (2 pages) 92'. -3690 Pda~endn 5ssarnyra.mda:, swa mo Pkasrhdon. CA A/58a8536 A2846305i1 925.46r3690dx seaamanro 9samnsr, feh Floor Sevamen(a, CA 95814.2136 OtaMB.a)93 Sand Roaa f418dm/G:, SuYe 280 Send Rasre, CA 95401-Hf0 707.575.6800 707.5755888fex Fmrno 518WSIrewAre., Suite 200 Frmrp, e4 987042515 559,325.1530 65A27f.4940fvr tlkn®Uf+n<an www.5kncan ~~'`L t~~"[~"~u FEB ~ ~ 200(; rovri~l vr- ~~~~ c~,,ros PL~IVh•!IIV~3 Di\lISiOIJ Re: Trip Generation Analysis far Proposed Linda Court Development in Lae Gatos (TJIfl4i Nc. 021-076) Dear Hanna: TJffivI Transportation Consultants is pleased to provide this brief traffic generatien analysis for your proposed nine single-fanuly homes development at the end of Linda Avenue. Our understanding is that the proposed development would require the eliminatien of one existing single-family home, resulting in a net increase of eight homes. Los Gatos Trip Generation Data In December 1948, TJKM conducted machine and fuming movement counts at Santa Rosa Drive/Shannon Road in Los Gatos, Santa Rosa Drive is the only access fnr 64 single-family homes, which aze occupied by residents with similar demographics to those who are expected to occupy the proposed Linda Court Development. Based on the machine count, the 64 homes generated 782 daily trips or 1232 (=782/G4} trips home. Based on the fuming movement counts, the homes accessed from Santa Rosa Drive generated 75 trips in the a.m peak hour or 1.17 (=75/64) tripslhome and 63 trips m the p.m, peak hour or 0.98 (=63!64) trip/home. These daily and a.m, peak hour rates are higher than the rates presented in Trip Generation, 7"' Edition, published by the lnstituts of Transportation Engineers (PI'E). The ITE daily rate is 9.57 tripslhome and 0.75 p.tn, peak hour triplhome. The Santa Rosa Drive p,m. peak hour rate is similar to the PPE rate of 1.01 tripslhome. Expected Net Trip Generation For L[nda Court Talale I crm,mari~es the expected daily and peak hour peak trip generation for the proposed projectbased an a net increase of eight single-family homes. To be conservatively high, the higher rates from Santa Rosa Drive were used for the daily and a.m. peak hour, while the ITE rate was used for the p.m, peak hour. fiffi3IBIT 11 .Ian 27 2006 4: 58PM Hanna 9Z '3-3690 p.2 2006 Table I: Project Net Trip Generation Use Oaity A.M. PeakXour P.M. Peak Hour Metlncrease Rate 7rt Rate in:0uf ~, oat rover Rafe M;Out M Ouf Taal Single•Family Homes 8 dwe5ing units 12.22 90 1,17 40:fi0 4 5 9 1.01 fi3:37 5 3 8 2 The above table indicates that the Lmda Court Development is expected to generate a net increase of approximately 98 trips on a typical weekday, with nine trigs m aone-hour period between 7:00 a,m. and 9:00 a.m and another eight kips occurring in a one-hour period between 4:00 p.m, and 6:00 p.m. This relaflvety small amount of peak hcur trips is not expected to have any significant impact oa nearby intersections or roadways. Hope this is the information you need. Thank you for the opportunity.to provide this trip generation analysis. Sincerely, ~- ordon Lum, P,E. Senior Associate Vos p~ms~a21-076 linda court11012706 hip ges.dnc tis 6ti -•. ~,'~ 1.45A~-NET n ti a N 2Q lsaar 22r? K~-W - a - ~0Y'~ 0 story a sf -~44-9/17424 ' 3003 .... I 4 sf 1093%9147 eU.f .. '> 1 story Q sf 720/11325 w ~; sf 3022/9583 ~'-t 4s ~Ory 1 sf 1243/10018 ti I ~ ~_ ~1 story sf 2443/22215 23.36 _~~ _ rte` p~p1 story sf91724/8276 ~~ " 28 ~ 1 s 83.47 .t2. story ~~sf1887/19166 m __~ 2 st ,~~ 2 story sf2215/~~sf 2171/ 10890 ~i 9583 ~ _ ~\ /1901 ~ ~~, \h / ` 2 story `• ~ 1 story ~'s€2171/ ~sf 2718/ 9583 ~ _ _ _ o°i "15681 ~~--... 1. yr ~ 2 story a ~~~ u9oz ~sf2171/82'r6 t N ~ ~ 1 GR rti„,. _ ~.., l.e xnn~ !3927 25' 35 l2 Ssf~ry ~sf 1700/ 1 1 storylsf 2523/~~ 8276 sf 1590~i 8712 f ' !_ 8276 ~ ; ~-'"-~ - ___ 1 story sf1660/827 2 story _ mf 3493/21344 '- _ " 2 story ~sf 1700/ s712 a sf 2852/16552 2 st ~ sf 1950/405 ?417/78~Da 3_~ --~I a a z ~ 2 story f ~sf 2858/1045§ / .. /~ i ~°~o ~ ~ \ %' 1 stor •~C~sf 1855/917 0 y~ eo°sf 2483/8 ` , .._~ 1 story .f 1694/7405 1 story! sf 1991/7 c 1 story sf 1572/7840: 3 story sf 1616/8 .76 -- n -- -~ !5950 - :,y 1399! •\ 1 Story 1 story sf 2264/ sf 1526\` 13939 9147 ` E%HIBIT 12 AS ¢¢PNtY 27 19o PC. j6 `Y Size/SF Rochin Ct+ Terrace. 228,332 W/Street Linda Ave w/street 170,289 Entire Neighborhood 398,621 Linda Ct w/street 93,179 excl. creek Rochin Ct + Terrace 192,918 w/o street Linda Ave w/o street 141,129 Entire neighborhood 334,047 Linda Ct w/o street 83,855 excl. creek G A 1. I F¢ R N I C¢PRT YI A GLARA I . f. S E S S o R IN.A u., S. C..o 1/. N'. p•b.y Ir..a. / N r.n Jt i ,,~ Utz v. u. 7J p•a96nt. &: .n~~er~ ° 3 `Yr s C.a~` C.NET ~ ~ -~~~ J e 1 4SP ~ f , J ~ 42 •~ S fJ }Q A, ^ . uwI ~ i 2~ ~~~ ~__~__~~ `leg EJ ``fit , . . `''5~~. Aw~2~, ~ I i;`: •;$ ~ of _;„ _ y, _~ =- "_.~ . O __ It i V ,.n tLJ.4) 4^ user ° w..n As+d .m.n ROCHIN TERRACE I Jrrar > N=3003 Irin 17 f ,I 1 _ = ~Y :.,. I ~ to ales I •~ __ - _ ~ e Z2 $,~ i I10 '°' $ ~ 1 2 ~-___~ ~ II.fLf > ~ SQ' IIf:U i ~ Q '•'ISO f 1~ ~ a Zj 11¢.xT _Ilsst a..~_t1Li3 _ H ~ ~ _i¢a Sr _ ~f ~u e s f/ A~ Yi s' ni cs ~ I 1- 21_ .. 75' SS Isa 0¢el _- _ ~ ~ .3~ SN. t Jr, o l Hns 'JS /3 ~~,yy_ _ _ I2 :+ _ ' a . 29 =1 O Z , 2B 8 J I .nJ/ ' ~ n.A 110. 'Tft. NL 4 nvr -HILL-¢--' -~~ Density Density # of units # units! acre unit/SF 20 3.815 11417. 11 2.814 15481 31 3.39 12858 8 3.74 11647 20 4.516 9646 11 3.395 12830 31 4.042 10776 .- 8 4.156 10482 F The GreenPgin[RaletlchecM'sf lydcksgreen kaWres itlrptpgrated into dce home. A home is only GreenPgiM Baled if all tealures are v¢rifi¢d bya Certified GreenPgitNRat¢r tllr¢ugh BUild It Green. GreenPaint Rated Total Paints Achieved: 100 e pravded as a public setvze by BuiM II Green a pohssbnai ngmpmfitwhgse mksign is to promote heaghy, eneryy and resource e1Tlcienl bukitlgs m Cafdgmia T' ~ um requeemenk of GreenPOinl Rated are astolbws: vedfmaton g(Sg Or mare poiINS; Eam Ne ii min'vnlm poink per raleggty. Eneagy (30), Indoor Air QuaMyMeaNh (5~, Resources (fi), antl Water (g); d the prerequ¢NesA.3.a (GO%rowNwionwazle drversunl, J.7 (Exceed Tdle 24 by 75%).antl N.1 (IgcoryoraM Green Point Rated checklist in bWepdMs). t4 t3 The¢1Neda Mrihe green buJtlNg prxi~sfrsled bebw are described in lha GreenPgmt Rated Single Famiy 7 ~ Ralitp Manual Farmpre infamlalbn please visd www.buildilgreen.grglgreenpoinfrot¢d ® Svgk Fam17~New Plaice J 7 • " s ay r r: '~ 5sf . ~~7 ~ `"i~'~ h T,b a~ ~~~i w»"'"a ~'vywr , r 4 ~ e a' f t ~ ~zF~* "y'r " } ~ ' ~ ' a~ YU 'h ~ 3` ~'k~` ~~ y t}9 r ]~~+~ }}l ik~n r l r s ' , ~'yPa #~~K~' ~/ r~" ' }, ~l lII { -Y~ ~ Y a 'G L e S {{ , SY l ( ~,, } 'P, Si\%~A~ ; ~1_a~}/e t'! o t ~ 4 a ~ t ~ o a a r r . z J .E Tr .,:} nix+T>~ s ~ • . a ~ A. SITP. Possltl¢POinfs 1.Pro[ect topsail and Minimize Msmpdon olF 'sNtm PIa~BTrees ' Yes a. RoleG TopsoN¢mn Hodon aM Raae agar COnsNZNOn 2 Yes b. LvrilaMOeSneeleLmaam6an FrofpNlfa Madmum ROlecgon 1 ' No i.DxonsWdlnsMed of OamdisNng Eilstity RUgdings on SRe 0 ].Recycle Jab Sib LonsWCtlon Wade g1lcMding Green Waste) ' Yes aMN:nm~%WasR DMer~imby WaigAl (RerycFtq or Reusa)- Raquirod 0 - R Ng b.MNinnmfiG%pNerdon by Wegbl(Re yr±vga Reum) 0 No cMnXmlm Oa°.c0ivetsmtby WeyM 02erydmp ar ReYael 0 d Usa Regdee Lomm~f Apgrtgate l]mnimum 25%j Yes aWalkway atl Ommwry R.im 1 Yes 0.RaaAVry Ram t Tc1APab15 Avaladein 91a=12 ', 5 B. POUNDM1TION ~ Paints AvailablePer Muasure i RepUCe PoNand Cement in Concretewi]M1 Racyded Flyashor Slag No a_Ltitt'unuum Wl°A FlY~1w 51aJ 0 No bA4ronum }5•k Flyasbw SNg D No 2USe Frost-Prolntetl SM1allaw FOUntlagonm Wld Aeaz (CEG Glmate Zone 16) 0 Yes 11ke Radon Rnistant CansWCtbn 1 FhMaaubmeka%4aTpdwhenpej Iqu#.kebmoeum Ja'. ESwM N01 e Deayn antl Bone sw¢Mmt Pes]Cantroh a. IrvdMl Termite <Jtieltls B Eeparak All Exlwbr Wand-b Camels COnrcctims by Metal or Plasfic No fasN~ Mein 0 Ivdnts a+lamalicalMgranletlxfiengoje iquallfies humeasure JS ESwilb U01 Yes bPA Nex%anls Have imM,Bae,wSfem Laralxl Al Leas) ]fi lndmshwnPw'Maeon 1 T INP NAV labfe in FCUMaeon=6 Z _ G,i 4NDSCAPING Pointe Available Per Measu2 ~ LCOmNat Resoume-FJikierd lantlscapes ~ ' a. NOlmasve Gpcies Listed tryCaI.IPC Ne %antetl 1 . Yea bNO Plant Spades WRROgmeHedgng I c.75%ol Plants MSCNifamia NaWesm Mstlgenmlean 5penesor0lberAppropials Spetlns Yes ~ I Yes i. USe FireSate LandsuPing TacM1niqu¢s 1 ]. Mnlmiae Tud Areas in f aMSSape Insta I@d by RullAar Ye] a.Wl Tnd WR Havna Walwftwsyamnl t,v~Nanm Equal lO iAl Femre(<-O.RpUnl ladw7 ] No b. tint SM1allfbf Polnsl liedm Ebpns 6reetlifg l0%m NAreazLess Nang Feel WMe 0 Ng c. iwik slq%ofLaMssapedlvea (NIaIZPdnls) 7 Yes dimlksl0%ol LaMSCaped Nea gdalbpdnls) 2 Yes e. Plant Studs Tnea ~ 3 Yes SGrcup Plants by lYater Needs tNydmzoNngl ~. 2 _ O.Irtsrall Ifigb-Emdenry Imgatlon Systems Yes a.Sydem Uses Onty Lwr-FIOx01'ry,0 hhxs,mLOU~flow SpdnXkrs NO b. System HUSmad(W'ealhm-Baaed)~ nhpgers yes Llncorparala Two lnnM1esaf COmpostin the TOpfitoIIlncbes o}Soil No 6. Mukb All mangng&NSrodre GreaMOf 111rches or Local Water Ordinance Requirement Ng 9. USe5R%SaNagetl or RecydedCamm~l M1bimials]or 50°6 of NOlrPlattt lantlscape Elements Yes ig.Redom LlgMPollutlon by SM1ieMing FlxNres and Ofmcgng ^gM OOwnward iw9 Pon6 AvaXxble m LantlxaPkg = 31 D. SIRU CTIIRAL IsRAME h BUILDING FNVELOPN t.Mpiy Optimal Value 5gineedng No a. Plain Regersand Ghbsx1241M On Ce'dm Fradng yes b. Srze Dow aN WilMOn Headws lw LOal IAO cure Only JacF and Cripple SALLS Requi~fm Load g. Um 5mfneered Lumber Ab a.0eamsaN lkatlnrs No b.Nadaled Enpmeered4kadms No pWooelJdslsw Web imamstr Rams NO dWood l-Jgislskr Pool Ragws Ng o. FnNXcemedar Fmgx-JONIed SNAS fa Vertical MPliralieas Ng Lodamw]seam enamlmeamr r No 9, Otiwded StraMBgmtl (grW~antl RCOl SbexNXq , ]. tlae Fsecemned woos a.GNamdmmlLwNm. sumsa,d T6Naet: AT;mnnm4G°w Ng h. pmensanALUmNr, GNtlcmb TirLet'M'mml7G°b Np cPanNROtluclsM ktwm 4U% d Panel ROdunK MNimim70!6 6T Build If Green !'..,, 1. DEC .I. ;._. __ I 1 _._._.. _._. _-_ Z '. g ~ 1 g 0 1 ZG __._ Pdinls Available Per Measure g 0 g 0 ' I) D I] 0 0 a SF Data Collection Form v 3 7 y!!.,. ~~: 2009 C~~T~". Pace 1 of G ffiIBIT 13 ! r t iA t4` i~``! ~ y f 3 ., L r~.) ~ !~ -~G t ,J ~ E ~ : L:-' a4: LUSe Slid Wall Symems(Indutles SYPS,IGFS,BAny Nonstick Frame Assembly) reD afmaa D TBD b. W ns p iDD uRmis D . fi.Retluce Pollutlon FnkdrN the Name Imm IM Garage Ivmrts aulomafisalM graded»bwr prgal gr~MSla mvavm J3: ES Vrpr IADI Yes a. igbW SeMlhe Pir gamer baMcenGaage adli/ng Mea I No b.InslAlGaage ENaan FarOR BV.NaDelarFietl Gaap o TDD 80eslgn Energy Heeh on Trusses NS%vlAtnc lnsulmion NeigMat DmsMe Edgv of FShdorWalq o Yes x.0edgn RcvfTrvszes toAwvmmodah OUdwork I Np e.Use Revyded.DOMenf Steel Surds mr 9G%of Interior Waq Fmming D TDD g.Thermal Mazs Walls:L¢Ar¢h oryxdl on Ag lnletlor Walls or Walls WelgMing morn tlun lOlMCUR 0 f0.lnmall overhangs and GUgers N a.Mhmmm lb lrrA Daerhagsad Qrners D o IvgM6 aMOmaACallyganled'Moan pojaclqualiris lw rtewve J3:E5viIh IADI No b. MiMmrm 2d Ands OrahagsaM Gutters 0 Talal Pgnls AV lah'sn6WCMA 0r~ng Pratte arm Emelvpe=3fi 3 F.. FY TF,RIOR FRVTSR Yes tlhe Recyded.COntenl(No Yrgin %astlc)or FSCLeNfiad Wood Decking 2 N¢ 2lnshlla Raln SCrevn Wall Sys[em D Ya3 a.USU DurzMe and Nan-COmbustlbW 553rg Materials I Yes d. Use Durable and Non-ComWmibly Rcofirg Materials 2 Talalrnnla AVaAabM in Exleriorfinish=] 5 R.INSU LATION 1.Insball lnsulagon with]5%Recydea CUmeM Yes a. Wags am FMws f Yes b Cnliys t zmelall Ineahtlon mat la Lowenimng Icerfifiaa seetlon masW Yes aWatls and Flows f Yes b.Cegmgs f Y a.lnapemwalilymms¢h6on lnaranagnn herore npplyby pywan I es pranl¢aummalkaxvgranlad ubar pmjecl gaar a b<maaarre Ja Es rnw ueI ToIaIP "MSAVanahly Insuhtlvn=5 5 _-_ G. PLI rMRDYG i. plsWbule Dvmestlc HMWaler Eficiengy (Addrgve, MaximumTPdnh) - V¢s a.laalale Hal Wvla Pipes from Water HeaterNKlchen 2 Yes b.Ir~erlaleMHol Walar Pipes 2 No cuss Englneerad Paanel Plpmg 0 Ab d.Vm Ergiria'ned Paallel Pipiig xiN Uamard CanNdletl Cimaa~wilmp o Yes e.USeSWdwed FWmb'vg xrNOanaMDOnbotled Chorlalwn Lwp o Yes I. USeoangalCwa PhaAing G Ves 2lnslall only High EMCiensy Toilets (OUa4FlUSh ar9ln gpfl d ivlal PdMSAVanaNein %urrblrg=Talc 11 11 _ R. HEA TING. VENTIL.ITION Be AfR CONOITiONRiG. - t0eslgn arm lnzhllFNAC System IO ACCAManual J, D. and 62ecommeMagons d Yes ('Points avlmmficaMgranletlMn%qM WalifiesM measura.A1 F.5 vnlh u01 x.Insh115ealed Comhus0un Vnih I'Pdnls arbmancaM gr anleq wfien pojeu qualifies hx measure JG: ES xiN IADI yes aFUrnaps 2 Yes burster Healers 2 Np ].Install Zoned, Nytlmnic Raahm NeaUng o Yes 4.InsUll Hlgh Ellldenry Mr Candigoning vgh Fmlmnmenhlly Responsible ReMgeranh 1 6.Oeslgn and lmhll Eflective puctxnrk I'Sb,QHe are auMmaficaAy 9raikd Wren Pmiecl W:&Aas fur meaarre dT: ES xiN IAOI . Yas abraan MlACUnilantl DikMVrk xitMn Cardnrw~Space x Y¢s b.Um DUG Mattis as Plloucl Jamis and Sean f Y¢s alnslaADUCMvrkuMer Alficlnvlatian(buried DUCls) f Yes dPmsweftelimelhe DUCMwk Sysem I Yes e.Rded OUCls during CmsWClivn amt Cba AY OUdsbeMeCmrparwy 1 B.Inzlall HlgM1 EMdency HVAC fgter (MERV6+I 1 Yet PPanls aulomal<a!ly 9mnletlwbm %ojeGquanfreslorrreasum Ja: ESVnN IADI LOan't lnshll Rreplaces orlnsUll Sealed Gas FimPlacesvrilh ERlsiency Rafing NOT less Than 60% 0 ~ ueing CSA Shndams n.lnstall ENecgve 5rhaurt Systems in BatRraoms and NitcMns I'Saet re adomagcalAygmnled when pmjecl qualifiesMmeazure.ll ES VnN IADI NO a.IrrsINIENERGY STPA Ratlvmrn Fars Venl~Olhe OUlsNe o NO b. PII BaNromm Fans Mem Rmvrw HUmMrslal 0 Yes clnAaY Kil ten Rage Food Vented Nlh¢Onlsida I 9lnshn Mxhanlcal Venglatbn System tar Coellrg @lav. d Poinhl Y¢s a.InslallENERGY STAR CePng Fans HLighl Kifsin LN'ug PressB&drmms 1 Y¢s b.lnslan WM1O!e HOUSeFSxiN VaMIRe SPeetls f Ves c. Mlwnaewy cw,balee lnkgralea syMem 2 No d.MlvmanwAy DOnlrolletl lnlagmled Tymomwim VZdaMO6pnea Conbd o ID.Inshll Mechanical fresh Air Venhta0on System lM1laai amaPOinls) Ab a.My'NM1PIe HOUm Venfilalion System ThalAk.ISASHRAE fiEx 0 binsleg Nrb~Pir Heal Eatlrapa 8latmeeh ASKiAE 622 G YCS I'Pdnh aaNmatiralV grankdwfien prolslquanfies lw rmasuro JS: ES VnP IADI 11.Inshll Grbon MOnmltle Narm(s) ( Yes ('Ppnlsailanacailygrxllstlxfienproleq Wat~fiesfw measum Jl ES wiN IApI total Pohts Avagablein HeaAig, VmAlanon aM Pir CcMbonNg=Gp 25 s ri~ F t S C ~ f' 1 ~~y ,tr wiaipi ~ . 3 - Points Avadabk Per Measure Pomis Available Per Measure POIMS Ava table Per Measue Points Available Per Ma-sure I p Build H Green SF Oafa Collection Fpnn v 3 7 Page 2 of 6 .'%=^sn'F~ 8 ~'Y,"r"' i''vylzLn ~ /2t15 Ix~'"'t`er ~7 'i> w1'1yq LnT~rv ~ ,t r4 1 `>}.~>fl~~ Se^rblM1a~nn8l 1€~AFV4 Yoh s~".s'ftf 1}a «3 I a~yt ~'{0 T {y~S.v}ti;. 1 t v' IMF PZ 3 ~{ qa ry~M axd ~'I u-~k ln`r--x 2p lid i~~- &- ~ 17 i,<Yt'til ,F ~x t~.,r -b ij `'t ~+ ~/®~k ~~~j;t /1 1~ ~ lay aitl'S*rt}?`'ti lx~,t ~'a }9 _ E ~ i 4 t . r A2if~i'a~~llbf 3t ItlS{ .:%y l/~'v. </1.~'-. Srnlf,r~~i``I:i~ ~~._~x .~~ fils;~r~~3 a°a' e. ___'."... .a r` 3 JtLd'''3~t~pmraJ`^..tl..^r,- I~A4~ ~Ii L RENEWABLE ENERGY Pomtr AvaBa6la PerMeasum ' Y¢a f P Plumb for Solar HOl Wafer Neabng i 4 - 21 MII SOIar Wabr Neatlng Synem 0 31 smll Widig GndultM FUNre PhofovelMls lnaUlle0on8Provttle 200 fPof SovUxFacing ROOF 2 O.InsUIIPMtovolUlc lPwl Panels Pb a.~°b oliecMCneetls0R 12NW (lolal6pdnlsl No bW%MelecbicneetlsOR 2dkW (loft l2pdnls) No c90%oleNxMCnead OR S6kW (Idol lflpdnls) tali AVdahla PdnlsMReneedde Eria'gy=2a d. BUILDING PERFORMANCE 1. Diagnostic Evaluatlons ~ a.IbusePases Bbwrv Damian I'POiM6 aubmaticaltyganMtlvArenprgeM quaFfiesbemeasura 33'ES vdM UD) No b. NOVU Pasus CaMmstion Salery BacNdrafl Ten 2.pesi0n and Build Hlgh Performance Homes-i5%above 2005 Htle 24-Rryulred 3Houu GMalns ENERGY STARwiN lndoorNr Package Grtiflation-PIIpIMeasure (rofa143po1n6; r tlc mmenQ Total AVilahle POmk nRUAdvg Pmf«mance=39 No 1.Oaslgn Enhyvrayz to Reduce Tracked In COManunaMg 2 Use tow-WLar ZemADL PalnL(Maxhnum 3 Polnh) , No aLOwVOCInImbrWilM,eiliip Painls(<Ygq VGCS IFlagB <150ppIVGCS INonflatl) No b.ZemVGC lnlmior WanlCeSig Pints (<SgpI VCCS (HaQ) N0 0115e LOw VDC,Wafer-Basetl Wand Finishes (Qtl0gpl VOGI ' Nq d. USe LmvNOCGUIkand Construction Adhesives (40gp1 YGCsl for All AdhesWez No S. USe Rerycled~COnfenl Palyd 6. USe Environmentally PreMmble Mafndals forhrtedor Finish: A)FSC GkAetl Waod, B)Renlaimed, Cl Rapltlly Renewable, D)Recycled-COnMnl or E)FlngerJOlnhd NO a. CaftlneM(Y!%MMimun) No b.lnl«ior Tmn(50x MNgnvun) No cSnaNMg (W%MMmwm} Nb dDOms(50%M 'urum) No e. COUnI«laps (:N%M "mim) 1 Reduce FarmaMenydeMlnferior Finish (CA Section 01350) 0 0 6 Paints Available Per Measure ' i 0 o ?30 J p 0 Polnfs Available Por Measum ; o 1 0 0 ' i D D 0 Na awbnooraslai treads ryg%Agnimem) '. 0 No b. CabinelsBCOUnmdops(9g%Minimum) o No n.InlmbrTrcn (9]%MNmum) 0 No d.SMMng (90%Minimam) ~ 0 No B. Akerlnstalla0on of Flniehes, Teslof Indoor Alr Shows Farmaldenytle Levei <2Tppb 0 lilt AVailabMPUnl6ln Onishes=21 ~ 0 IO RING LUSefnvironmeMalty Preferable FlOarmg:A)FSGG~dRetl Wootl, Bl Redalmetl ar Reflnkhed, Cl Rapitlly Ranewable, 07 RecyskN-COmenl, El Eapoudfuncmle. Poonng Adbesives MUSTNave O0 gp1 VOCS r_.. _..___ _.. - P0in15 Available Per Meazam No a. Mdmum l5%dHanr Nee D No b. Miinmm J3%ot Floor Nea 0 Na nnsa'a,wm:a%nFM«a¢a D N0 a.2uNmnm 25°cmFmn~Naa ; D NO 2.Thermal Mass FlOOrs:Flapr Covering glmrthan Gryel an 50Y. or More of Gncrek Floats 0 1Roodng Mee65ecgon 01350 or LRl Green Label Plnc Requiremen6 (30%Minimuml 0 ~ IP«nlsmlbnaticiry gmnkd wfien prof Aqu~nesbr naasure.13: E5 vnIh IAOI Toli AVAxlde PanlsM FbmMg=] 0 M. APP LIANCES AND L2GRTING f.msMllwmerane Energy Eftlaienf pialwraaner , ' Yea aENERCVSTARnnli,psinD 1 B hDiaMwaan«uaea rro M«n mmbscaMnnyyde (rolizpnMla) D 2lnslall ENERGY SEAR Gothes Washing MachinearifM1 Wafer Pectoral 6or Lesa B a.Meet Erxgy Slar aMCEEi r2raquiremonls(niodR NeneNYfaclor)R. Walar FacW fiO«less) (roli3peMn:) ~ b.Meals E~m+gy Slar aMCEE Hm3i yuremenls(modfietl eicergyfxdN?2, WaNrFSbr 45 «I~) (Mli Spoinls) 3. Install ENERGY SEAR ReMgemmr Yes aENERGY STARQIffiF¢d8<25Cndc Feel C:yaaiy Yes OENERGY STAR Ou~fiaA8c2p Cubic Feel Czpaity 4, innag BuilMin RecydMg CeMerand Composting Center No a. RUi4in Recydup Cenl« , hb n. eanMCnnwmNngcanMl Tnial Aea~anle PtlnM in AppA«area arm Lignin - I z V.OTHER Yes t.lnwmorafe GreenPoinl Rated CnecMMin &uapdn6-Required Yes 2. Develop Homeowner Manual of teen feamreslBenefils pPeNnsmn«naucdgy 9ranletl vfien pmleslgmlL s lormeamra J3: E5 MM IAD( Total AV fable Pinlsn GMw=3 O.COMhII1NITY DESIGN &PLANNING(maximum 20 points in lhissMian) '_ 1. Develop lnRll Siks No a. PiojedisLaakvlMa&nn UNan SHhgwilh DNlmas MFlxel«FAleen Yeam yes b. DevekAwmnlisl.upaledvANln I2 M0e Ma M~pr Ranil slop 0 0 Pang Av0lade Per Meaure 3 _. __. .. PoiMS AvaOahk Per Measure G R J Points Available Per Measure 2 ®Uuild II Green SF Data Collection Farm v.3.7 Page 3 of 6 y.. ~ >9 ~ e^e+ ? p l r. it tY s a, r a ~ < Y?, j r s - >r ~ e Ir ~ 4 `S~~ '~ ~ T 3k %'P ~ l~ ~ @ ~ a% 1 «-x ` r l d e .} ~ r F ~ ~ - ~ L i'~ D ~- E D E + f f LL4; 2. Cluster HamesBKeep situ in CMck ' No a.Cluda Ho(rts!al artl Proservadon 0 b.Can¢weRemwresby lnaeadiq Denary(tpl(w evaryS Wagreawrtban lOWa)Enwr Pegsdpendry 0 Iln Uvk Pal Pxel No uHam Size F.Fw'enry - 0 3. SUbdlWSlon laycm8OdenUgon b ImPww Natural Cooling and Passive Solar Athihmes d.0eslgn for WalMng 8 Bicyding a.PedesNanA~sbhEigbbotboua SWUCes wiBun%M1-1e:1)COmlunilr CeMwAibrary; 27 Gerery Swre: 0 0 3fSJapt, d)DryCare: rv)tawdry;6)M~iu'd;2)EnledamnnLReslawanlS B)PoSIO1fire:9)Plxod VlgtsM1iD: f01Ba@: Enlernumhx clwrviws b. Bevelopmmfis CwocecNN VndsAOedicaled P¢depdai PaNwayb Plazselfteaeafiona lnwmsl vmm~ 0 ~ tRmle c. ulaad ixvglMaFdlovnlg TlatfieCameng strategies: 0 ~Oedgnalea Bkyde Lawsare Prexnlan RCabvayr, No -ienfod Vehicle Trwd lalres SFeel Gasmgs CNUe41c Si's ae Leal tlfes Thw J.%1Feel Apaa; -BVeets Hwa RUnd!e Sbips, &dbagl;Res iClosswaksaRalugeldads S. Beslgn for Alefy85odat GalM1edng NO a.4-HOmo From Enlra~ws Have Y¢w.s Fan tlce lnsde to OWatla Ca'lers 0 No b.MHw~re Frml Enbmces Can WSenn hom Ne StrealaWnr tram ONw FrmleMe 0 No c.Odad Pwchas (nm. IOOSBNStroeh aM PUbfw Spaces 0 O. Beslgn br0iverse XOUaeMlds - No a. Pl Homes Hweal Lead One ZacSlep Entrain 0 Yes b.MMam Flow lnfe~rOmmdPassageways Hwea Mnioum32-In hClear Passage Spare i TBD c.lncale al LeaAa HW~BaISOn innGw~d Fbw vnth Blacking in W8ls la Grab Bals 0 - No tl. Pmride FW~Nncgonlndepandenl Ranlal Unil 0 Tole AWwvaNe PdntsNCOnmund]Oaa9!!&%afninl{=20 3 P. INNOV \TION (maimum 20 p mis iv Ihe: seclionJ I ASils 1. Retluee Heal lNaMEfled-InsldligM1l<abed. hgF dtetlo malenAS (adx reeectarnifMex>=031 (oral 0 ' ~ laasl`A%ot she's rial~rwfhrparvbusvdaes ~ No 2. BUdtlon0ealgnaled NannfieN 9N ~ 0 - s Fomaatlnn I'Paink aalamalcalygmcledrdienprgedquaFfies bl moasue J3: EGwiIb IAO) ~ Lmalafiarne~eama Drainage syalem B - No 26aaetl and MOiswre Cwlmeetl ClaW¢paw ~ 0 Glandscaping TBD 1. MaelsOry-fdordtj LaMsczpe Pmgan Pequ:rtmvnl lmudmlly exdudw wiw PO2) 0 TBD 2Mmis CalLania-FnaNy Landscape PlPo~am Requirelrenl 0 ' JRan Wafer Harvesgig System It pomtb Q509ahws,2pcinla fwv3509a!ans) , No xLeslnan ]509SIm rePgIY B Nv b. Gaalerma15509ahan r:pairy 0 . vas d.A~aslle rrmam, Expv. vn, ropogr:whr,am Blan~¢ f Ab SPedamaSal Pnalysis - 0 NO 6.Ingafiw Syslan Ums RecydedWazlewala U No ]. FSC Celggoq Raydetl%astica Campodlo Larber-felldng: TO% - ' 0. SNCmral Frame and &Illtling Envelope , I.Oasgn, BUJd aitl Manlan sWdlnd Pesl aid Rol COntrds Mo aLwale AA Weotl(Sidrg, Tdm,Smrfine)Al Least l2'Pbare Shc - ' 0 b. AB Woad kardng3Feel(mmtlre Fwmtlabnis Treak-0MN BOrales (or USeFxfay-Imprvgnalal 0 No Maledals) OR Walls am Pbt Matle dWood 2.UU Moidure Reaslalt Malwiasw Wel aeasd Kildfen, Ba0vcoms, UtifiN ROOms,aM Basamenk 0 ' TBp plao,l5 aaomarralY gm^IMwhenpmjeelquYfiosbrmeaafe Jl ES xiNIMj 3. Va FSC CeNfietl Egwexetl LrmMel 13 punk nwimum) TBp eBeans atlHeatless 0 ~ TBD b.lnsdaled Egnreled Heatlers g TBp c. `NmJlJOislsa Web imsces lw FlCa6 0 - Teo a.wwaRJdala pr RCOlRalltta g TBp e.E„alneotaa aFhgenJdm¢a SINS Ia vem'aa Appl¢auona B Teo IRCCl imsms:lW% 0 , d. FSC Cafified WOOtl TBD a. Dinensmna LUmba, Studs alq Timbw: IBO% 0 i8D b. Pond PlNUds: 100% 0 f.6letlorFlNSM1 I.Greenftoo(s 125%ot reol aean+nimumj 0 ~ zRa=ning lml,lamnrmnkrvaa~fiea g . ~ ~Pamis aulanaficafiy-ranlel vlxn Pojectqudifies Iwmeasure J3 ESwim IAO F.Insulatlon G. Plumbing - Ng I. Graywala Ple-1-lmhwg(rvlWeswashilg rnacM1ire atminimuml 0 NO 2Cgalwalx sYSlem Operafional (xduaeswatll~ingmxhmv at minimum) 0 Ng 31mwaBUeWalewalw iedfmwgY lCmWUdatl Welland, Satl Filtn, Aembi: System) 0 N- e. COmpasgoga We!wless idld 0 No 5lnsla!IOran Walwxeakemvery System 0 6 Install Walel Elfidenl F hoes Y¢5 a.Sb~snMatlsa slpwa ioxersUSe Q.OGabrt Per Alinme (crAB igld I Yes RFaxzts-batlxmm<15gpm t Yes eFaxeR-Kild~w BUhidy 20gpm ~ I N.Hea-ng, Ven0lagon,and Air Candi-0ning Ng f. HUVArry CAnbd Systems (wly in Cailwnia M1aaNmained ale zones 1,3,5,6,2) 0 i 1 1 2 1 2 ' 1 , 1 . f f 68uild It Green SP Oates Colleefion Form v 3] Page 4 of 6 s ~, ~ tpte ~'~ ~yv, dJf _.a 2ya °~itx~it' I P '` UP n a! n b~ y I T I j ..r ~~~ ~ ~ A ^.t ~ i ~h`Fr ~,&' >a P ~T n~,f~`~~ .'gC ~, 3 .-.~ti.?, ~ .va€r~..r;...e~~~.~§:.~~tG,,u3xKy'#.~saa,.Ni,±,:,a~~z,~z4au`~~'i~.`s4a al LRenevnble EnsfOy ' NO I. Enhawdnary Pasave Sdar Oecgn(~50%dbaeJ Thetis NOl YJreatlyge9ecMdin i-24 MatlN'ug i 0 - ABuOeirgPerformanca ~ -- _ - i- LTesl TOlal SUppty Nr Flow Rates - -I' ! 2EnwgyMaryss Deaiyn Review Yes aiilk24preparetl aMNBnsd by CpBEC CeNfiee Enw9y Malys! ~ I ' No h. Par9dpatloninuUhtyimmuva gogrow p ' R.Flnlahes - I.UreEmmonmenlallY Helemdla MalwiNS for NMrMr Firigres ND a. cabinets (BO%minBnumf - p h.lnlerur Tim (W%rwlbmaml 0 No c.51~eNtitg (EO%m9wnuml 0 Na a. Dnc,s(e9%min9w,m1 D No e. DOUMmICpS 100%srewmm) 0 ' LFlaoring I-0lowin9 Meah:$ac9on OI~Ow CW GcenLahd PNSRe9lmwreds(80`k Mim'mwnJ 0 1'PUlnk aulwnauialN gramme rMtengge 1 WaUhea la meawre J9: ES wiN NDI M.Pppliances N.Other , NO LFbmubuiWoi's'Maneyemenl SlAlwe CerUf ]Green RUiltlhg NOlessiorlma 0 ~ 1 ND 20elaLetl 0.raMIDy Nan p ' ('Pantsaulwre9ratlY9mnleJVAm gojecl9uaUfies fw memve Jl EOwith WO( No 31hhA Patty Vee9cahon of Mplemrnla9cncl0mahihy Plwl ~ p 0 4.Maleeals Sawwe, Prmess~tltl mO MwxJac4vetl Wi0nn a`.AIO M'le Raegsaf Ore PAXim 0 ~ tt No SCaryxohenme Owner's Manualaml NOmmmrw Etlucalional Wap9uwr9hs 0 6 nahmanm Inllova9ms:PoMkro be asressetlhy BuAtl 11Green arq GleenPdnlftalw. No a. pexPLalnmvahon Hare, mtl Ener PamLU PamsmCdums LP '~ 0 No h. DemLelmevatlon Hwe,aM EnraP LIe PO'aNSin CalmmaL~P ~ 0 ' No eDescnbe lnmvalhm Hele,wtl EnMrPos~Tk POinisin CdwmsLP '~- 0 ' No e. Demibe lrwwvalion Flare, ane FMer Pos~le Pdntain Cdumis L-P ~, 0 No e. DemrTelnnwalion Here, axl EnWVPoSa-hMPddsin COWmnsl~P ~ p ~i. - No 1.OesaLelnmva4m Here, antl EmwPas Lie Pdmsin CeWmns L-P ~ 0 ~. No q I)amhwlnmYaWn Here,aM EnlerPoSehk Pants in Cahmns LP p No h. DesYNelnrwYafon Hera, arM Enter PoSNhHPanls in COMmsL-P ~ ~0 ~' Tdai MhieveaNa POink bt 6amabon=]ll fi a Minimum POinkgequiree in Spedf Categooes 0 ~ 30 ~ 5 I 6 9 en....A;.°i. .xU'~r..Lfa>HZ..4,.m .._~.e~`_/xds tG~ q,`a !,. -`. - ,:~~YC~s~ rY§:~.S~,A~s~.~.~.~o..i.t4?e.~',~5: i m.~n,,.M1iG4.#.c's~~aM1~.S~,~.rtlv~..u..~,?~.nn~ xs::% -R: IS % above Ttle 24 ~ Builtl It 6Yeen SF Daly Collection Form v.3] Page 5 of 6 Apr•2b• 2UU6 4~btiPM HLU '"'OUP Na•2892 P• 2 RARRIE D. Ca'ATE and AS~CIATES Hortlartural ~onsuitents 73595 Summit ROen j L08 CANS, CA 950.38 AO&353-20.52 A TREE SURVEY AND ANALYSTS Ok' POTEI3TIAL Ek'k'ECTS OF PROFOSEA COI3STRUCTION ON' TREES AT 15881 LINDA COURT LOS GA'EOS Prepared at the Request o£ ' Terry McElroy McElroy Property Inc. 214 Alime~adra Ave. Los Gatos, CA 95030 Site 'Visit by: Michael L. Bench Coixsulting Arborist May 2, 2005 Job #04-OS-056 ffiIBIT 14 Avr,25. 2006 4 56PM HLD ~~OUP No•2892 P• 3 A TREE SURVEY APN ANALYSIS GF F.bTENTIAL EFFECTS OF PR6POSE6 CQNSTRUGTION aN TREES AT t5881LiNt>A000RTLOSGATOS , Assignment I have been asked by Mr. Terry McElroy to evaluate the trees located at 15881 Linda Court, Los Ciatos, California, accozdiug tp the current design plans. The plans provided for this evaluation era: (1) the Topographic lvlap prepared by Westfall Engineers, Inc., Saratoga, Sheet 1, dated l7ecertrber 2004, and (2) the 17evelopment Plan Map, also prepared by VJestfall Bngineers, Inc., Sheet 1, dated March 2005. Summary There are 104 trees on this site that are located near proposed construction. O£these 104 trees l S are located on a~jaceat properties and 89 are located on this site. Trees that are 4 inches in diameter or larger are included in this survey. There or 104 trees that meet this standard. A, bzie£ description of each tree is provided. All. 104 trees are shown on the attached roap- Several of these trees have been added to this engineering plan using visual re1`eretrces only. The locations of added trees are only approximate. Tt appears that the following trees would be r~znoved by implementation of this design: trees #S, 8-21, 23-28, 35'41, 4b, 49-60, 62, 63, 78, 82- 86, and 94. In addition, the following trees may be exposed to ztrpderate to severe risk of survivat depending on the extent of grading that would be required within their root zones: Trees #42, 43,44, 4S, 47, 48, a2zd 95-102. It appears that the following specimens would be feasible, specimens for transplant: Trees #8,10,13 oz 14,16,19, 20, 23, 24, 25, 84 or 85, 86, and 94. . It appears premature to prepare a Tree Pxoteciaon Plan until the subdivision map has been approved and the footprint of each new residence bas been determirred. Observations There are an estimated11S0 trees yr znoze on this property. A, creels tuns along the northerxt property boundary of this site. Those trees that are located on the south side of this creek to the bank and measure 4 inches izt diameter or larger are included in this survey. There are 1 Q4 trees iuclixded in this survey. Of these 104 tzees, It appears that 89 of these trees axe located on this properly and that 1S o£ these trees are located on adjacent neighboring properties. Mot all o£ the trees surveyed were shown pn the maps provided. Some tzees have been added to the engineering maps by usirrg visual references only. The locations of these added trees are considered approximate. The attached znap shows the locations of all 104 trees and their approximate canopy dimensions. The l5 trees that are located on adjacent properties have their canopies and mot systems extending on to this property. If grading, txenchirzg oz other construction were to oncux near the property boundaries whew these trees are located, they may be adversely PREPARE6 BY MICHAELL BENCH, CONSULTINGARBCRIST MAY 2.2005 APr•Tb~ ZUU6 4~b6NM HLU '"'UUP No•2892 P, 4 ATREE$URVEYANDANALYSISOFP.QTENTIALEFFECTSpFPRpPOSEDCONSTRUCTIONONTiFkESAT 2 15881 LiNdA COURT LOS GAT06 affected. Far this xeasoia, the neigbboxing trees #1, 2, 3, 32, 33, 34, and 95-103 are included in this tree survey. The 104 trees are classified as follows: Trees # 1, 2, 3, 4; 7-16,19, 20, 29, 30, 31, 32, 34, 42, 43, 44, 45, 4$, 61, 64, 65, &6, 84, 85, 86, 43-100,103, iD4-Coast live oak (Quercus agrlfolia) Txea # 5 -Norway maple (Ater platanoides} Tree # 6 -Silver Dollar Got7x {Eucalyptus polyanthemos) Trees # 17,18 -Lombardy poplar (Papules nigra'Italica~ Trees # 21, 47 -Southern magnolia (Nfagnolla grandijZora) Txees # 22, 25 -Coast redwood (Sequoia sempervirens) Trees # 23, 24 - Canary Island Date Paltu {Phoenix canariensis) Tree # 26 -European olive (Oleo europaea) Txee# 27-Karo:(Pittosporum crassifolium} Txees # 2$, 62, 63 - Calitfoxnia blank walnut (Juglans hindsir~ Tree # 33 - Tawhiwhi (PlttaspUrum tenuafolaum} Tree # 35 -Juniper (Juniperus species} Tress # 36, 37, 39, 40 - •A.pxicvt (Prunes armeniaca) Tree # 38 - Wild:plnm (Prunes cerasfera) Txee # 41-Apple (Halos domestlca} Txees # 46, 49, 50, 56 -Weeping willow (Salix babylonica) Trees # S 1, 52 - Allmond (Prunes duleis} Tree # 53 - Feaeh (Prunes persica} Trees # 54, 59, 60 -English walnut (Juglans regla) Tree # 55 -Aleppo pine (Fines haiepensis} Trees # 57, 58 -Italian stone pine (Pines pineal Tree # 67 - Catifnrnia pepper (Schinus molle) Tree # 68 -Cherry (Prunes ceraszfera) Txees # 69, 70-79, 88, 89,.90, 91,102 - Wild willow (Salix species) Trees # 80, 87 -Silver wattle (Acacia dealbata) Tree # 8l -Blue oak (Quercus dougZasia~ Txee # 82 - Califoxnia buelceye (Aesculus calafornica) Tree # 83 - 3apanese pzivet (.Llgustrum japonicum) Txee # 92 -Tasmanian blue guuz (Eucalyptus globules) Tree # 101-Holly leafed cherry (Prunes ilicrfolia) The parCiculars of these trees (species, trunk diameter, height, spread, and structure) are included in the attachments that fallow this text The health and stucture of each specimen is rated on a scale of 1-5 (Excellent - Extremely p4ox} ort the data sbee#s attached to this text. Based on these health and structure ratings combined, I have givezx each tree an ovexall comditipn, ratixrg as follows: PREPAREp BY MICHAEL L. @ENCH, CONSULTING AR00RIST MAY 2, Za05 Apr•25, 2006 4:56PM HLD ~°'?UP A TREE SURVEY ANO ANALYSIS OF POTENTIAL EFFECTS OF PROPOSED CONSTRUCTION ON TREES AT +;58811JNOA COURT LOS GATOS No•2892 P• 5 Exceptional S eci~oaens Fine ; S ecimens Fair S cimens Marginal S cimens Poor S ecitnens ]lead S ciw.ens 9,10,12,16, 1,4,8,11,14, 2, 3, 5, 7, 6,49,51,52, 17,1$, 21,28 60 23,24,25,32, 15,19,20,22, 13,2b,35, 53,56,59,62, 36,37,38,39, 34,41,43,44, 27,29,30,31, 54, 80, 92 69,74,75,76, 40,67,68,77, 45,64,65 33,42,46,47, 78,83>91 79,81,87,88, 48,50,55,57, 89,90,102 58,61,63,66, 70,71,72,73, 82,84,85,86, 93,94,9$,96, 97,98,99,100, 101,103,104 Comments About 5pecrt"ic T>cees l3uoaerous trees at this ~ site have been topped. Trees #2, 6, and 7 are examples of specimens that have been topped at 5-25 feet above grade. Trees #38, 62, 68, and 69 are examples of those that have been tapped at sail grade creating stump sprout specimens. All of the trees that have been topped have very poor structure. They are all at task of limbs splitting out from ~e tree as they mature. There are numerous wild willow (Sallx species) an the hank of the creek. Characteristic of this species, many of these teees have suffered major limb failures or have fallen down. This is a fast growing invasive species that almost always splits apart or has major branch failures. When. the limbs of these trees fall uz the creek, occasionally a log jam occurs creating a Aood. I recommend that consideration be given to removing the majority if not all of the small specimtens of this species and replanting the bank area with native riparian replacements that are less problematic such as California white alder and black cottonwood. Tree #83 is a small Japanese privet (Ligustrum jappreicum) specimen that represents numerous other smaller specimens on the bank of the creek. The 7apanese privet is a prolific self-seeding species that is exireznely iztvasive. I reco>Jamerad that tzee #83 be removed and that all of the small diameter 3apanese privet specimens be removed in this area and that the creek hank be restored with native riparian replacements. Tree #8l is a large blue- oak (Quercus darrglasla~ that bas up rooted at the edge of floe creek. The majority of the toot plate has beets undercut by the creel<. This heavy tree is almost lying down. Although this tree has only a few feet to fall in order to be coutpletely supine, It would become a }aigbly hazardous specimen once this area becomes developed. Unfortunately I must recommend removal of this specimen if this subdivision becomes approved. , Tree #92 is a large Tasrr,s~n;an blue gum (Eucalyptus globulus). This specimen bas a tnwk diameter of approximately 12 feet. This tree bad been topped many years ago at PREPARED BY MICHAEL L. BENCH, CONSULTING ARaORIST MAY 2, 2065 Aar•25. 2006 4:5IPM HLD'~"1UP No,2892 P• 6 A TREE SURVEYANO ANALYSIS OF F~TENTUL EFFECTS CF FRCPQSED CONSTRUCTtCN GNTREES AT 4 ~ssa~uNOAGOURT~0.5GATOS about 3-4 feet above grade. The resulting watersprout growth which now forms the canopy is not a strong st~ucture. Qne of the waterspouts measuring 48 ixaches in diameter has previously split apart from the cluster 2nd had fallen toward the east. Tt appears that the weakest (and the highest risk} remaining watersprout faces noatYi toward the creek. i recommend that this tree be pruned to reduce the endweight on all of the horiwntally inclined limbs to reduce the risk of a major failure or remove it entirely. Protected Trees Town of Los Gatos {revised Apri14, 2003) The 3'ree Protection Ordinance 2114 of the Town Cade is stated in Chaptez 29, Division TT for the Town of Los Gatos. "The trees protected by this division are: (i) All trees which Have a twelve-inch ox greater diameter (thirty-seven and one half inch circumference) of stay trunk, ar in the case of multi-trunk trees a total of twelve-inches ox~greater diameter ox mare of the sutra diameter (tlxlxty-seven and one h2lf iaaeh circumference) of all trunks, where such trees are located oza developed resideiatial property. ' (2) All trees of the following species which have ata eight inch diameter (twenty-five inch circumference): a. Blue oak (Quercus douglasta) b. Black oak (~uercus kelXoggit) c. California T;uckeye (Aesculus califarniea} d. Pacific lvladrone {Arbutacs menziesaa) (3) All trees which have a £our-ixach or greaten diameter (twelve and one hal£ inch circumference) of any trunk, when removal relates to any review for which zoning approval qz subdivision approval is required. (4) Any tree that existed at the. same tizae of a zoning approval or subdivision approval and was a specific subject of such approval or otherwise covered by subsectiozi (2) of this section (e.g., landscape ox site plans)." By this defmition all of the 104 trees included in this tree survey are "Protected" trees. Risks to Trees by Proposed Construcfaou The following trees would be in conflict with construction features or wifh proposed geadzng. These trees would be removed by inxple;mentation of Ibis design; Trees #5, 8-21, 23-28, 35-41, 46, A~9-60, 62, 53, 78, 82- 8S, and 94. Ia addition, the following trees may be exposed to moderate to severe risk of survival depending on the extent, of gradang that would be zequixed within their root zones: Trees #42, 43, 44, 4S, 47, 4$, and 95-102. It appears that the following specimens would be feasible specimens for transplanting: Trees #8, l0, l3 or 14, 16, 19, 20, 23, 24, 25, 84 or 85, 86, and 94. Please note that it is PREPARE.f] BY MICHAEL L, EENCH, CONSULTING ARaCRlST MAY 2, 2~Os Apr•Zb• 2UUb 4~UIPM ALU ' 'IUN Ivo•toy[ Y• r q TREE Sl1RYEY AND ANALYSIS OF Pa7ENTIAL EFFECTS OF PROPOSED CONSTRUCTION ON TREESAT 15881 LINDA GOURT Las GATpS sometimes necessary tosaczi~ice one or moxe specimex~s in order to transplant others. The cluster of coast live oak trees #&-l5 are too close for all to be considered feasible candidates £or transplanting. The root systems of some of 'these would be severely damaged by the transplanting of another specimen. In my opinion, trees #8, 10 and 13 or14 would he the best candidates in this group to tzarzsplant. . The trees at this site would likely be at risl~ of damage by construction. or construction procedures that are corrzruon to most construction sites, These procedures may include the dumping or the stockpiling of materials over ;root systems, may include the trenching across the root zones for utilities or for landscape irrigation, or may utclude construction traffic across the root systebb: resulting alb. soil compaction and root die back. l£ any underground utilities are to be replaced or upgraded, it will be essential that the location of trenclxes be Manned prior to construction and those locations are shown on plans, and that the trenches be dug at the locations shown on the plans. Tree k'rateetion p'lam ' It is premature at this time to prepare a Tree Protection flan until the subdivision has been approved and the Footprint of the residence For each Iot has been decided. ltespectfu 1 t .ate ~.*.. Michael L. Bench, .Associate ~~~ Barrie D. Coate, Prrncipal MLB/sp Enclosures: .Assumptions and Limiting Conditions Tree Data A,ecumulation Cb,arts Tree P;reservatioa Before, During and After Construction Map •. PREPARED av MICHAEL L• BENCH, GONSULnnic ARSORIST MAY 2, 2005 Aar•25, 2006 4~57PM HLD '"'`)UP Ivo•~ay~ r• ~ „ 1N'd'idSNHal i I I I ' ' C r a -n0. - . - l- T T T n T- n T 'I ~ ^ " 1s-i) ulaaad 7vnow3a - - - I -i-- - s '--~--- - I --i--- - I --i'--- - r -- h--- - -- --- I ---{~-- - I -- --- I f --- - --- ~--` -- ~ ------- - -•------------------- ------ 1 , •ianawsa aNawwoaaa I I ~ I i I _ -- - - . 4 N3NV1 sanlold ? 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N. i I i i I I °~~ ~ ~ ~ ' '4 ~ a 3' I I I ! I `~ i i i I i ~ z 4 ~' ~I ` B Vi 1 i 1 i t °~~i I i i i !e4~~ j I I 1 I I I I ' i 1 ' ' I I ~ Y'I N? Mi qq~~ , i 77 I i p~ O. ~ O; Y` O~ O ~ ' ~ i ` ~ i ° i i i 'n;i ia: I f i i i i ' I i i i o II o ~ ~ N Z} cD C c vll~ J µ~ N ~ E 7 n m ~ 4 Z 3E D ~ ~ APr~ZS~ TUU6 B_UINM HL~ KUUN BAARIE D. COATS AND ASSQCIATES Horticultural Consultant's (408) 353-],052 Fax(~0$) 353-7.238 23535 Summit Rd. Los Gatos, CA 95033 TI7EE pRGTECTTdN BEFdItE, DiJIt,£NG, AN `J.'hese are genera[ recomrn And nnay be superseded by site-sp a~~ax~ No•28U2 N• 19 D AFTER CONSTRLJCTrON endations ecific instructions Plan location oftrenching to avoid all possible cuts beneath tree canopies. This includes trenches for utilities, irrigation liaaes, cable T'V and roof drains. flan construction period fence locations which will prevent equipment travel or material storage beneath tree canopies. Install fences before any. construction related equipment is allowed on site. This includes pickup trucks. Cnform subcontractors ir4 writing that they must read this document. Require return of signed copies to demonstrat@ that they have read the document. Pruree any tree parts, which conflict wittz construction between August and January. Except for pies which may ba pruned between dctober-January. Chrly an ISA certified arborist, using iSA pruning instructions maybe used for his work. If limbs are in oonflict with the construction equipment before the certified arborist is on-site, carpenters may cut off offending pats of fi" diameter or less, leaving an 18" long stub, which should be ra~ut later byttre arborist, • Under no circumstances may any party remove mare than 30°/a of a trees foliage, or prune so that an unbalanced canopy is created. DU,tZING Avoid use of arty wheeled equipment beneath tree canopies. .Maintain fences at original location in Vertical, undamaged condition anti} aU eontraators and subcontractors, including painters are gone. Clear root collars of retained trees enough to leave 5-6 buttress roots bases visible at 12" from tlae trunk. ) PP Y ]rrigatetrees adjacentto construction activity duriztg hot months (June-October . A 1 10 gallons of water per 1" oftrunk diameter (measured at 4 %x') once per 2 week period by soaker hose. Applywater at the dripliue, or adjacent to construction not around the trunk. Apply mulch to make a 3" deep layer iaa all areas beneath txee canopies and inside fences. Any organic material which IS non toxic may be used. AFTk.'R Irrigate monthly with LO gallons of wafer per 1" of trunk diameter with a soaker hose, placed just inside the dripline. Continue until 8" o£rain has fallen. Avoid cutting irrigation trenches beneath tree canopies. Avoid rototilling beneath tree canopies since that will destroy the small surface roots which absorb water. Avoid installation of turf or other frequently Irrigated plants beneath tree canopies. 31 Apr•CB• LUUb B~ULI'M NLU '~UUf' IVO•CG9C 1'• ZU • • BARRf E Ct, COATE and ASSOCIATES HOrtl 0utur8l Consultenl5 23535 Summl[ Roa9 Los Getos, GA 95D33 408/953 tOS2 1. Any legal description provided to the appraiserlconsultant is assumed to be correct. No responsibility Is assumed for matters legal in character nor is any apinipn rendered as to the quality of any title. 2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of information provided by others. 3, The appraiser/consultant shall not be required to give testimony or to, attend court by reason of this appraisal unless subsequeht written arrangements are made, including payment of an additional fee far services, i 4. Loss ar removal of any part. of this report invalidates the entire appraisallevaluatian. 5. Possession of this report or, a copy. thereof does not impl right of publication or use for any purpose by anyy other than the person(s) to whom it is adydressed without written Consent of this appralser~consultant, ' 6. This repork and the values expressed herein represent the opinion of the appraiser/consul#ant, and the appraiser's/consultant's fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported. 7, Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are not necessarily to scale and should not be Construed as engineering reports or surveys. 8. This report has been made `in conformity with acceptable appraisal/evaluatipnldiagnastic reporting techniques and procedures, as recommended by the International Satiety of Arboriculture, 9. When app{ying any pesticide, fungicide, or herbicide, always fallow label instructions. 1 a,No tree described In this report was climbed, unless otherwise stated. We cannot take responsibility far any defects which could only have been discovered 6y climbing. A full root collar inspection, consisting' of excavating the soil around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We Cannot take responslbill#y far any root defects which could only have been discovered by such an inspection, Arborists are #ree 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 risk of living near trees.: Glients may choose to accept pr disregard the recommendations of the arborist, or to seek additional advice, Arborists cannot detect evary condition that could possibly lead to the structural failure of a tree, Trees are living organisms that fait in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arbarists Cannot guarantee #hat a tree will be healthy or safe under all circumstances, 4r for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed. Trees can be managed, bu# they cannot be controlled. Ta live near trees is to accept same degree of risk. The only way #o'eliminate all risk associated with trees is to eliminate all trees. il/ ` Barrie b, Caste 15A Certified Arborist Horticultural Consultant ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM R-1:8 TO R-1:8:PD AT 15881 LINDA AVENUE AND A PORTION OF 15950 STEPHENIE LANE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Code of the Town of Los Gatos is hereby amended to change the zoning at 15881 Linda Avenue (APN 523-25-052) and a portion of 15950 Stephenie Lane (APN 523-25- 051) as shown on the map which is attached hereto marked Exhibit A and is part of this Ordinance from R-1:8 (Single Family Residential, 1 to 5 dwelling units per acre), to R-1:8:PD (Single Family Residential, 1 to 5 dwelling units per acre, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Demolition of asingle-family residence and a nonpermitted second dwelling unit; 2. Construction of seven single family residences; and 1 ffiIBIT 15 3. Landscaping, streets, parking, open space and other site improvements shown and required on the Official Development Plan. 4. Uses permitted are those specified in the underlying R-1 (Single Family Residential) zone by Sections 29.40.385 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they may be amended in the fuhue, subject to any restrictions or other requirements specified elsewhere in this ordinance including, but not limited to, the Official Development Plan. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by Conditional Use Permit. SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Cade apply, except when the Official Development Plan specifically shows otherwise. SECTION V The attached Exhibit A (Map) and Exhibit B (Development Plans, 26 sheets), are part of the Official Development Plan. The following must be complied with before issuance of any grading, demolition or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Division) I. ARCHITECTURE AND SITE APPROVAL REQUIRED. The Official Development Plans and this ordinance establish the allowed uses and intensity of development. The Official Development Plans are conceptual in nahire such that minor deviations may be approved thrrough the P.rchitecture and Site approval process if necessary to achieve architectural excellence. The Development Review Committee shall be the deciding body of the Architecture and Site applications. 2 2. BMP. Prior to final occupancy of each unit, the applicant shall pay the Below Market Price (BMP) as established by Town Council Resolution. 3. HOUSE SIZE. The footprint and size of each house shall be determined during the Architecture and Site approval process. 4. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 5. RECYCLING. All wood, metal, glass, and aluminum materials generated from the detnolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting type and weight of material, shall be submitted to the Town prior to the Town's demolition inspection. 6. t SAN FRANCISCO DUSKY FOOTED WOODRAT -NESTS ENCOUNTERED. Require that a qualified biologist examine the project area before and during any initial vegetation, woody debris, and/or tree removal, or other initial ground disturbing activities. If a dusky footed woodrat nest/house structure is encountered in the area of disturbance, avoid disturbing the structure or evicting the individuals. Install a protective exclusion zone around any woodrat nest found within the project area before initiating tree/vegetation removal and ground disturbing activities. Applicant shall provide the preconstruction suuvey to the Community Development Department and report of periodic inspection during construction to ensure protective fencing is in place. 7. ZSAN FRANCICCO DUSKY FOOTED WOODRATS ENCOUNTERED. If a woodrat is incidentally encountered in the work area and does not voluntarily move out of the area, a biological monitor, with the appropriate California Department of Fish and Game (CDFG) permits, shall relocate the animal out of the construction area to the nearest safe location (as approved and authorized by , CDFG). Prior to relocating any woodrats, a suitable release site shall be created on site, and approved by CDFG. Applicant shall provide a letter report to the ~ Mitigation Measure 2B-1 z Mitigation Measure 2B-2 3 Community Development Department from the biologist and/or CDFG staff that documents the consultation with and approval by CDFG of an onsite relocation ~ area if woodrat nest is encountered. 8. 3IMPACTS TO NESTING BIRDS AND BATS. Implement the following measures prior to tree removal or construction. • Conduct tree removal operations between September 1 and October 15, before special status bats have established seasonal roost locations. This will prevent harming potential fall/winter hibernacula (October 15-February 15) and spring/ summer maternity colonies (April 1-September 1). If removal cannot take place during these periods, require a qualified biologist to conduct apre- construction survey for bats. Winter hibernacula surveys should be conducted between October 15 and February 15 to determine if bats are utilizing the site for winter roosting. Maternity roost surveys should be conducted over 4 visits between mid April and early May, when bats are establishing maternity roosts, but before pregnant females generally give birth, to determine if a maternity roost is being established. For any trees/snags that could provide l roosting space for cavity or foliage-roosting bats, thoroughly evaluate the pees/snags and foliage to determine if a colony is present prior to trimming or cutting. Visual inspection, trapping, and acoustic surveys may be utilized as initial techniques. • If a tree is determined not to be an active roost site, it may be immediately pruned or removed. If the tree is not trimmed or removed within four days of the survey, repeat night survey efforts. • If roosting bats are found, coordinate with CDFG to develop and implement acceptable passive exclusion methods. Authorization from CDFG will be necessary to evict winter hibernacula areas for bats. Have a qualified biologist, in the possession of an applicable CDFG Memorandum of Understanding, humanely remove roosting bats if they are not successfully excluded. 3 Mitigation Measure 2B-3 4 • If established maternity colonies are found, protect pre-volant young from construction noise by creating a minimum 100 foot buffer around the colony until the young can fly or consult with California Department of Fish and Game for other acceptable measures of avoidance. It is assumed that after September 1 colonies have no pre-volant young. • Removal of any occupied tree/snag, if necessary, shall be mitigated for by the creation of a snag or other artificial roost shucture within suitable habitat located in the project area. The creation of snags/roost structures, if necessary, will take place during tree removal activities to avoid disturbance of nesting birds/roosting bats. Applicant shall provide the preconstruction survey to the Community Development Department and report of periodic inspections during construction to ensure construction buffers, if required are in place. Applicant shall provide report on creation of a snag or artificial roost stntcture if required. 9. 4MIGRATORY BIRD NESTING. Conduct tree removal activities between September 1 and January 1, outside of nesting bird season. For tree removal or constntction activities scheduled to occur during the period from February through August, a qualified ornithologist and/or biologist will conduct nesting bird surveys no more than 1 S days before tree removal and/or before construction begins. Surveys shall include the project site and a 300-foot-wide buffer (where accessible) to examine nearby tree stands and structures for special-status birds, and all birds (and their nests) protected under the Migratory Bird Treaty Act (MBTA). If an active nest is found, delay project activities until a qualified biologist determines that young have fledged from active nest site or consult with CDFG prior to commencing any activity within 300 feet of the nest area as set forth in the Streambed Alteration Agreement issued by CDFG. If nesting birds are not found, no fiu-ther action would be necessary, and tree removal and consttuction may proceed. Applicant shall provide the pre-construction survey to the Community Development Department. If nesting birds are found, applicant shall provide documentation to the Community Development Department that ° Mitigation Measure 2C-1 5 demonstrates compliance with actions specified in the measure (i.e., delay construction or consult with CDFG). 10. SSNAGS. Retain existing snags and/or dead limbs within the riparian habitat and setback area to provide potential nesting habitat for cavity-nesting birds. Applicant shall provide letter report to the Community Development Department from the biologist that documents the compliance with the measure. 11. 6TREE REMOVAL AND TRANSPLANTING. Require implementation of all recommendations provided by the Town's consulting arborist (Arbor Resources, February 5, 2007) and require an independent arborist review of the site plans to verify recommendations have been included on the plans and implemented during construction. The arborist report includes a measure requiring hee transplanting by a qualified tree professional under the supervision of a certified arborist, and shall also include measures for irrigation prior to, during, and after transplanting and shall specify replacement trees if the transplanted trees do not survive within 5 years. Applicant shall provide a letter report to the Community Development Department from a certified arborist documenting compliance with all arborist report recoxrttnendations after tree removal and transplanting has been completed and again at five years from transplanting. 12. TREE REPLACEMENT. Require planting of three additional 36-inch box trees as part of the project landscaping plan and payment of fees into the Town Forestry Fund as required by Town regulations. Payment of fees shall be made prior to issuance of the building permit, and installation of the tlu~ee additional trees shall occm• prior to final occupancy permit. 13. BNOISE. The proposed six-foot high, solid wood "Good Neighbor" fence along the east side of Lot 1 and south side of Lot 5 shall be constructed as early as possible (prior to project grading activities if possible) to help reduce construction noise at existing adjacent residences. s Mitigation Measure 2C-2 6 Mitigation Measure 2E-1 ' Mitigation Measure 2E-2 s Mitigation Measure IS-3 6 14. 9RIPARIAN ENHANCEMENT PLAN MEASURES. Implement all measures outlined in the Linda Avenue Riparian Enhancement Plan developed by H.T. Harvey and Associates (2008) and revise the enhancement plan to reflect the revised edge of the riparian canopy and setback as set forth in this EIR. For understory enhancement, include a variety of native shrubs and vines (e.g. Pacific blackberry, elderberry, snowberry, wild rose) that provide understory structure, a food base, and cover for wildlife. 15. 10REMOVAL OF TREE #92. When removing the large eucalyptus tree, the roots will be left in place to avoid disturbing the root mass armoring the southern bank of Ross Creek, to prevent erosion and promote creek bank stability in this area. 16. t~SNAG FEATURES FOR TREES #80, #83, #87 & #92. The trunks, lower limbs, crotches, and notches of non-native trees currently proposed for removal (Trees #80, #87, #83, and #92) can be killed in place and left to provide snag features for wildlife habitat. 17. 12RIPARIAN HABITAT AND SETBACK PROTECTION. Implement the following measures during construction to protect the riparian habitat and setback during construction. • Riparian habitat shall be designated as a sensitive area and clearly shown on construction plans. Orange construction fencing shall be installed upslope of the outer edge of the riparian setback and shall not be disturbed except as required for installation of the bioswales and outfall. • Require all access routes, staging areas, stockpile areas, and equipment maintenance areas to be located outside of the riparian corridor and setback area. • Constriction materials and equipment shall not be stockpiled or stored where they could be washed into the water or cover aquatic or riparian vegetation. 9 EIR Recommended Condition of Approval 10 Ibid. `~ Ibid. 'Z Ibid. 7 18. 13EXTERIOR LIGHTING. Design exterior lighting so that it is directed to the ground and not directed toward the riparian corridor. 19. 140UTFALL. Final drainage plan design details shall inchide outfall details that conform to Design Guide 12 of the Santa Clara Valley Water Resources Protection Collaborative's "Guidelines for Land Uses Near Streams". 20- ~SWATER QUALITY- CC&R's. The project's CC&Rs shall require regular inspection and maintenance of the bioswales and drainage system improvements consistent with the Town of Los Gatos "Engineering Design Standards." 21. ARCHAELOGICAL. In the event archaeological traces are encountered, all construction within a 50 meter radius of the find shall be halted, the Director of Community Development shall be notified and an archaeologist shall be retained to examine the find and make appropriate recommendations. 22. NATIVE AMERICAN REMAINS. If human remains are discovered, the Santa Clara County Coroner shall inunediately be notified. The Coroner will determine whether or not the remains were Native American. If the Coroner determines that the remains are not subject to his or her authority, the Coroner shall notify the Native American Heritage Commission, who would attempt to identify descendants of the deceased Native American. 23. ARCHAEOLOGICAL FIND. If the Director of Community Development finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provision for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in Section 15064.5 of the CEQA Guidelines. If the site is found to be a significant archaeological site, a mitigation program must be prepared and submitted to the Director of Community Development for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. i3 Ibid. ~" Ibid. is Ibid. 8 24. FINAL ARCHAEOLOGICAL REPORT. A final report shall be prepared at the applicant's cost when a find is determined to be a significant archaeological site and/or when Native American remains are found on the site. The final report shall include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. 25. ARBORIST REPORT. The applicant shall implement the 29 recommendations provided by the Town's Consulting Arborist, Arbor Resources, in the report dated February 5, 2007. These recommendations are included as Attachment 1 of the Initial Study. 26. GOOD NEIGHBOR FENCE. The proposed six foot high, solid wood "Good Neighbor" fence along the east side of Lot 1 and south side of Lots 5 and 6 shall be constructed as early as possible (prior to project grading activities if possible) to help reduce construction noise at existing adjacent residences. 27. CC&R's -SANTA CLARA VALLEY WATER DISTRICT. The CC&R's shall be reviewed and accepted by the Town of Los Gatos and the Santa Clara Valley Water District, and shall include statements of homeowner responsibilities as may be provided by the Santa Clara Valley Water District. 28. CC&R's. RIPARIAN CORRIDOR CC&R's shall include a statement regarding the responsibilities of living next to a riparian corridor, the limitations on the uses of the rear yards for Lots 1 through 4. The CC&R's shall also include a statement that no physical or built improvements are allowed within the Santa Clara Valley Water District easement or ten foot Riparian Buffer zone. 29. CC&R's -SAN FRANCISCO DUSKY FOOTED WOODRAT NEST. The CC&Rs shall include a statement that the endangered San Francisco Dusky Footed Woodrat has been located on the property and shall provide homeowner information on how to identify and avoid nests. 30. CC&R's -REPLACEMENT OF TRANSPLANTED TREES. The CC&R's shall include a statement that identifies transplanted trees and provides measures for their replacement if they do not survive within 5 years of transplanting. 9 Replacement trees shall be determined by Town Code requirements at the time of replacement. f 31. CC&R's -NON-NATIVE SPECIES MANAGEMENT. The CC&R's shall include a statement regarding the homeowners responsibility for ongoing eradication of invasive herbaceous vegetation and follow-up removal of non- native hee re-sprouts in accordance with the Riparian Enhancement Plan prepared by H.T. Harvey & Associates, June 12, 2008. 32. DEED RESTRICTION. Prior to final occupancy, deed restrictions shall be recorded for Lots 1 through 4 at the applicant's expense, which discuss the responsibilities of living next to a riparian corridor. 33. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape Ordinance, Chapter 26, Article IV of the Town Code. A fee as established by Town Council resolution shall be paid when the landscape, irrigation plans and water calculations are submitted for review prior to the issuance of building permit. 34. NEW TREES. All newly planted h~ees are required to be double staked to Town standards. ~ 35. GENERAL. All newly planted trees shown on the plan are specific subjects of approval of this plan and must remain on the site. 36. IRRIGATION. All newly planted landscaping shall be irrigated by an in-ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and shrubs. 37. PROTECTIVE FENCING. Prior to any equipment arriving on site and prior to construction or building permits being issued, the applicant shall meet with the Town's Consulting Arborist, at the developer's expense, concerning the need for protective fencing around the existing trees and other required tree protection measw•es identified in this ordinance. Such fencing is to be installed prior to, and be maintained during, construction. The fencing shall be a five foot high chain link attached to steel poles driven at least 18 inches into the ground when at the dripline of the tree. If the fence has to be within eight feet of the hunk of the tree, a fence base may be used, as in a typical chain link fence that is rented. ~ 10 (Building Division) 38. PERMITS REQUIRED: A building permit shall be required for the seven proposed dwelling units and the demolition of any structure(s). 39. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover sheet of the construction plans submitted for a building permit. 40. SIZE OF PLANS: The maximum size of conshuction plans submitted for building permits shall be 24" x 36". 41. PLAN PREPARATION: The conshuction plans for this project shall be prepared .under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 42. DEMOLITION REQUIREMENTS; Contact Town of Los Gatos Building Counter technicians for demolition requirements and complete the process before obtaining a building permit for demolition of such work. 43. LEAD-BASED PAINT. A state certified lead-based paint professional shall be retained to perform a lead-based paint survey of the existing structures and the recommendations of the professional shall be followed for abatement of any identified lead-based paint prior to demolition of the structures. 44. HAZARDOUS MATERIALS. The identified hazardous materials being stored on site shall be carefully removed prior to demolition and grading, and legally disposed of in accordance with local, county and state regulations. 45. HOUSE NUMBERS: The developer shall submit requests for additional house numbers prior to the building permit application process. 46. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residences shall be designed with adaptability features for single-family residence per Town Resolution 1994-61. a. Wooden backing (no smaller than 2" x 8") shall be provided in all bathroom walls, at water closets, showers and bathtubs located at 34" from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32" wide on accessible floor. 11 c. Primary entrance shall have a 36" wide door including, a 5"x5" level landing, no more than 1" out of plane with the immediate ~ interior floor level, with an 18" clearance. 47. SOILS REPORT: Two copies of 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. 48. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site regaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the fallowing items: a. Pad elevation b. Finish floor elevation c. Foundation corner locations 49. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1R and MF-1R. 50. TOWN FIREPLACE STANDARDS: New fireplaces shall be EPA Phase II approved appliances as per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 51. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, 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 permits, in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building Division Service Counter. The Town Special Inspection schedule shall be blue-lined on the conshuction plans. 52. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program specification shall be 12 part of the plan submittal. The specification sheet is available at the Building Division Service Counter. 53. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape Ordinance, Chapter 26, Article IV of the Town Code. A fee as established by Town Council resolution shall be paid when the landscape, irrigation plans and water calculations are submitted for review prior to the issuance of building permit. 54. NEW TREES. All newly planted trees are required to be double staked to Town standards. 55. GENERAL. All newly planted trees shown on the plan are specific subjects of approval of this plan and must remain on the site. 56. IRRIGATION. All newly planted landscaping shall be irrigated by an in-ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and shrubs. 57. PROTECTIVE FENCING. Prior to any equipment arriving on site and prior to construction or building permits being issued, the applicant shall meet with the Town's Consulting Arborist, at the developer's expense, concerning the need for protective fencing around the existing trees and other required tree protection measures identified in this ordinance. Such fencing is to be installed prior to, and be maintained during, construction. The fencing shall be a five foot high chain link attached to steel poles driven at least 18 inches into the ground when at the dripline of the h~ee. If the fence has to be within eight feet of the trunk of the tree, a fence base maybe used, as in a typical chain link fence that is rented. 58. APPROVALS REQUIRED: The project requires the following agencies approval before issuing a building permit: a. Community Development Department b. Parks and Public Works Department c. West Valley Sanitation District: 378-2407 d. Santa Clara County Fire Department: 378-4010 e. Santa Clara Valley Water District £ California Regional Water Quality Conhol Board 13 g. California Department of Fish and Game h. U.S. Army Corps of Engineers i. Los Gatos Union School District Note: Obtain the school district form from the Town Building Service Counter after the Building Division plan check has approved the plans. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 59. 16EROSION CONTROL. Implement erosion control measures, including, but not limited to: • Require temporary fencing on the western outer edge of the riparian vegetation canopy during constuction to prevent inadvertent erosion, sedimentation, and/or construction debris from entering the adjacent riparian area or Ross Creek. Prohibit construction activities, placement of spoils, and storage of materials and machinery in the riparian setback. • Provide adequate erosion control protection in the area of the drainage outlets, such as use of silt fences, straw bale barrier or other protective measures • Conduct grading work prior to the rainy season; protect disturbed areas during the rainy season; and contain and/or properly de-water accumulated construction-related runoff from disturbed areas or excavated areas. • Reshict the timing of installation of the drainage outlets to the periods outside the rainy season (generally June 1 -September 30). • Immediately re-vegetate disturbed areas. Apply weed-free mulch or re- vegetate all soil exposed as a result of the proposed grading before November 1st of each year in accordance with recommendations of Design Guide 5 of the Santa Clara Valley Water Resources Protection Collaborative's "Guidelines & Standards for Land Use Near Streams." • Inspect and repair/maintain all erosion control measures prior to and after any rainfall event exceeding %2 inch, at 24-hour intervals during extended ~e Mitigation Measure 3B-1 14 storm events, and a minimum of every two weeks after the winter storm season. • Locate staging and storage areas for equipment, materials, fuels, lubricants and solvents at least 100 feet from Ross Creek. Locate oil absorbent and spill containment materials on site when mechanical equipment is in operation with 100 feet of the creek. • If water is present in Ross Creek at the time of installation of the proposed drainage outfall, require a temporary coffer dam or other appropriate means (such as sandbags or straw bales) be installed for temporary dewatering and to minimize downsh~eam water quality impacts. Allow water to continue flowing downstream or be diverted around the work site in a pipe or channel, and discharged in anon-erosive manner. Applicant shall provide the pre-conshuction survey to the Community Development Department and report of periodic inspections during construction to ensure protective fencing is in place 60. ~~AIR QUALITY. Require implementation of Bay Area Air Quality Management District recommended control measures for emissions of PM10 and other "Best Management Practices" (BMPs) s follows: • Water all active construction areas at least twice daily. • Cover all trucks hauling soil, sand and other loose materials or require all trucks to maintain at least two feet of freeboard. • Pave, apply water three times daily or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at constructions sites. • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. • Cover stockpiles of debris, sail and other materials which can become windblown. ~~ Mitigation Measure IS-I IS • Initiate te-vegetation and erosion conttol immediately upon completion of grading and prior to onset of the rainy season. ~ 61. ~sGEOLOGY AND SOILS. A geoteclmical investigation shall be conducted for this project to determine the surface and subsurface soil conditions at the site. The geotechnical study shall provide recomrendations for site grading as well as the design of foundations, retaining walls, concrete slab-on-grade construction, excavation, drainage, on-site utility benching and pavement sections. The project shall incorporate all recommendations of the investigation in order to minimize the potential impacts resulting from regional seismic activity and subsurface soil conditions on the site. Applicant shall submit plan review letter from the geotechnical engineer stating that plans comply with the report. 62. CC&R's -ACCESS. The CC&R's shall include language to require easements and deed restrictions over the private street which will guarantee access rights in perpetuity. 63. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct public improvements in accordance with Town Code §24.40.020. I 64. PUBLIC IMPROVEMENT SECURITY. The applicant shall supply suitable securities for all public improvements that are a part of the development in a form acceptable to the Town in the amount of 100% (performance) and 100% (labor and material) prior to issuance of any permit. Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. 65. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion conri•ol. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Paiks and Public Worlcs, the 18 Mitigation Measure IS-2 16 grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 66. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend apre-construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub- contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 67. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 68. SOILS REPORT. One copy of the soils report shall be submitted with the grading pennit application. The soils report shall include specific criteria and standazds 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. 69. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 17 70. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer ~ prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as-built" letter/report prepared by the applicant's soils engineer and submitted to the Town before final release of any occupancy permit is granted. 71. CERTIFICATE OF LOT LINE ADNSTMENT. A Certificate of Lot Line Adjustment shall be recorded prior to recordation of the final map. Two copies of the legal description for each new lot configuration, a plat map (8-%2 in. X 11 in.) and two copies of the legal description of the land to be exchanged shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. The submittal shall include closure calculations, title reports less than 90 days old and the appropriate fee. The certificate shall be recorded before any permits may be issued. 72. DEMOLITION. Existing structures on the site shall be removed prior to recordation of the final map. 73. FINAL MAP. A final map shall be recorded. Two copies of the final map shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. Submittal shall include closure calculations, title reports and appropriate fee. The map shall be recorded before any permits are issued. 74. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash companies indicating that the proposed improvements and easements are acceptable shall be provided prior to recordation of the final map. 75. DEDICATIONS. The following shall be dedicated on the final map. The dedications shall be recorded before any permits are issued. a. Linda Court. A 22-foot private street right-of--way with a 36-foot radius cul-de-sac. I 18 b. Public Service Easement (PSE). Five (5) foot wide, next to the Linda Ct. right-of--way. c. Ingress-egress, storm drainage and sanitary sewer easements, as required. Private storm drain easements shall be provided across lot 4 in favor of lot 5, and along the property line between lots 2 and 3. d. Sanitary Sewer Easement. Ten (10) to twelve (12) feet wide, as shown on the tentative map. e. Emergency Access Easement. Twenty (22) feet wide, from the end of the public road over the entire Linda Ct. Private right of way. £ Riparian Parcel. The Riparian Parcel, identified on the Tentative map as Riparian Area, shall be dedicated in fee to the Town and a flood control and maintenance easement shall be dedicated to SCV WD. 76. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by the Town prior to issuance of any permit. 77. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress printing to the Town for review of above ground utilities including backflow prevention devices, fire department connections; gas and water meters, off-street valve boxes, hydrants, site lighting, electrical/communication/cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by Community Development prior to issuance of any permit. 78. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the final map. 79. CC&R's. CC&R APPROVAL shall be reviewed and approved by the Town Attorney, Community Development Department, and Parks and Public Works Department prior to recordation of the final map. 80. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before 19 the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. Drive. Curb, gutter, sidewalk, street lights, tie-in paving, signing, striping, storm drainage and sanitary sewers, as required. b. Restripe/Community Benefit. The applicant shall re-stripe the Blossom Hill Road intersection with Linda Avenue and Old Blossom Hill Road. The striping shall provide left turn pockets for both eastbound Blossom Hill Road traffic horning left on Linda Avenue, and for westbound Blossom Hill Road traffic turning left on Old Blossom Hill Road. 81. SITE LIGHTING. Lighting photometrics shall be provided and approved by the Director of Community Development prior to the approval of the Tentative Map. 82. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the approval of the Town before altered work is started. Any approved changes shall be incorporated into the final "as-built" drawings. 83. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town harmless shall be provided in a format acceptable to the Town Attorney before recordation of the map. 84. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional the project's share of transportation improvements needed to serve cumulative development within the Town of Los Gatos: The fee amount will be based upon the Town Council resolution in effect at the time the request of Certificate of Occupancy is made. the fee shall be paid before issuance of the Certificate of Occupancy. The traffic impact mitigation fee for this project using the current fee schedule is $5,742 per each new home. The credit for the existing home will be pro-rated across each new home. The final fee shall be calculated form the final plans using the rate schedule in effect at the time of the request for a Certificate of Occupancy. 20 85. FUTURE STUDIES. Any post project traffic or parking counts, or other studies imposed by Planning Commission or Town Council shall be funded by the applicant. 86. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to submittal of plans to the Engineering Division of the Parks 'and Public Works Department. 87. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 88. FISH AND GAME REQUIREMENTS. Approval of a Streambed Alteration Agreement shall be obtained from the California Department of Fish and Game for proposed improvements in or near riparian areas within their jurisdiction. A copy of the permit shall be provided to the Parks & Public Works Department before any permits are issued. 89. SCVWD. Applicant shall submit evidence of acceptance of the Dedicated Easement and approval of an Encroachment Permit from the Santa Clara Valley Water District for all work within their jurisdiction. Permits shall be obtained prior to issuance of any Town permits. 90. REGIONAL WATER QUALITY CONTROL BOARD. Approval of a Wastewater Discharge Permit and review of "Notice of Intent" and Storm Water Pollution Prevention Plan from the Regional Water Control Board shall be provided prior to issuance of any permits. In the event that no permit is required from this agency, a letter stating as much shall be provided. (This condition is intended to address the storm drain outfall). 91. ARMY CORPS OF ENGINEERS. Authorization under Nationwide Permit 7 for Outfall structures and Associated Intake Structures and Nationwide Permit 33 for Temporary Construction, Access and Dewatering was given on August 26, 2008. Applicant shall provide a letter from this agency stating that the permit is still valid, or the applicant shall provide current permits from the Army Corps of Engineers prior to issuance of any Town permits. (This condition is intended to address the storm drain outfall). 21 92. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 93. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right- of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of--way according to this condition may result in the Town performing the required maintenance at the developer's expense. 94. ENCROACI-IMENT PERMIT. All work in the public right-of-way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. 95. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site. drainage facilities, grading or paving, and all work in the Town's right-of--way. Failure to do so will result in rejection of work that went on without inspection. 96. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall--top of wall elevations and locations b. Toe and top of cut and fill slopes. 97. CONSTRUCTION ACCESS. Construction access shall be provided from Linda Avenue. No access will be allowed via Stephenie Lane. 98. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality 2z Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy 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 grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of the most current Santa Clara County NPDES Permit. 99. 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. Ftu-ther, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will 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 constniction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 23 100. CONSTRUCTION STREET PARKING. No vehicle having a manufachu~er's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§ 15.40.070). 101. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. 102. STORM WATER MANAGEMENT PLAN. A storm water management shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of the amended Santa Clara County NPDES Permit. The plan shall delineate source control measures and BMP's together with the sizing calculations. The plan shall be certified by a professional pre-qualified by the Town. In the event that storm water measures proposed on the Planning approval differ significantly from those certified on the Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The applicant may elect to have the Planning submittal certified to avoid this possibility. 103. AGREEMENT POR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS. The homeowner's association shall enter into an agreement with the Town for maintenance of the stone water filtration devices required to be installed on this project by Town's Storm Water Discharge Permit and all current amendments or modifications. The agreement will specify that certain routine maintenance shall be performed by the homeowner's association and will specify device maintenance reporting requirements. The agreement will also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 104. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right- of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 24 105. UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. 106. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. 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. Developer shall request awalk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 107. DRIVEWAY APPROACH. The developer shall install one Town standard residential driveway approach at each new driveway. The new driveway approach shall be constricted per Town Standard Details. 108. AS-BUILT PLANS. After completion of the construction of all work, the original plans shall have all .changes (change orders and field changes) clearly marked. The "as-built" plans shall again be signed and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "as-built" plans shall be review and approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-built" plans shall be provided to the Town before the Faithful Performance Security or Occupancy Permit is released. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING-POOL; e) Tennis Court, Layer: TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours, Layer: NEWCONTOUR. All as-built digital files must be on the same coordinate 25 basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 109. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation Dish•ict and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line. 110. 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 Administrative (Sec. 6.50.025). 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 section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 111. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 112. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of conshliction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the 26 street will not be allowed unless a special permit is issued by the Engineering Division. 113. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during constnwtion. '114. HAULING OF SOIL. Hauling of soil on or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the developer/owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. 115. UTILITY SETBACKS. House foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation. The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation. 116. MAINTENANCE ACCESS. The applicant shall propose maintenance access improvements for the Town Engineer to review, comment on, and approve. The Engineering Division shall approve the surface materials over each public easement. 117. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations. All construction staging and parking shall occur on-site. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 27 118. REQUIRED FIRE FLOW. Required fire flow for this project is 1,000 GPM at 20 psi. residual pressure. 109. FIRE HYDRANTS. Provide one public fire hydrant at a location to be determined by the Fire Department and the San Jose Water Company. Hydrant(s) shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for a building permit, the applicant shall provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all required fees to the water company ASAP. 110. HYDRANT INSTALLATION. Fire hydrants shall be installed and located along the new or replacement water main installation(s), at a maximum spacing of 500 feet. Provide hydraulic calculations to show that the required fire flow will be provided. 111. TIMING OF REQUIRED WATER SUPPLY HYDRANTS. Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of balk combustible materials. Building permit issuance may be withheld until required installations are completed, tested and accepted. 112. FIRE ACCESS ROADS. The applicant shall provide access roadways with a paved all weather surface, a minimum unobstnicted width of 20 feet, vertical clearance of 13 feet six inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications sheet A-1. 113. ROADWAY TURNAROUND. The applicant shall provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications sheet A-1. Cul-de-sac diameters shall be no less than 72 feet. 114. FIRE LANE MARKINGS. The applicant shall provide marking for all roadways within the project. Markings shall be per fire department specifications. 28 Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 115. PARKING ALONG ROADWAYS. The required width of the fire access roadways shall not be obstructed in any manner and parking shall not be allowed along roadways less than 28 feet in width. Roadway widths shall be measured curb face to curb face. 116. TIMING OF ROADWAY INSTALLATIONS. Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded unless alternative solutions are approved by the Fire Department. Prior to issuance of a building permit, the developer shall contact the Fire Department to discuss their plan for maintaining the emergency access road during construction. Note that building permit issuance may be withheld until installations are completed. 117. PREMISES IDENTIFICATION. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 2010, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: 29 MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\ORDS\15881 Linda Ave Draft PD Ordinance 8-11-IO.doc 30 R HR- '~~15881jL'inda_Avenue & R a, portionn of~15950_Stephenie Lane TOWN OF LOS GATOS Application No. PD-08-004 A.P.N. # 523-25-051, 052 Change of zoning map amending the Town Zoning Ordinance. ® Zone Change From: R-1:8 To: R-1:8:PD ^ Prezonin Recommended by Planning Commission Approved by Town Council Date: Clerk Administrator Mayor Date: Ord: E%[IIBIT A