Attachment 16H. T. HARVEY & ASSOCIATES
ECOLOGICAL CONSULTANTS
28 September 2011
Town of Los Gatos
Town Council
110 E. Main Street
Los Gatos, California 95031
SUBJECT: Riviera Terrace Apartments- Riparian Corridor
Dear Town of Los Gatos Planning Staff:
RECEIVED
Cf rl 2011
TOWI OF LOS GATOS
PLANNING DIVISION
During the September 14 Planning Commission hearing for the Riviera Terrace Apartment
Project the applicant presented a number of additional enhancements proposed to occur on the
project site and also within the riparian habitat along Los Gatos Creek that is within the property
boundaries. These enhancements included: the addition of 6,690 square feet of permeable
pavers; exterior and landscape indirect lighting; native vines plantings along the rear fence;
native tree plantings in tree pockets within the proposed expanded parking area, and; up to
10,000 square feet of native tree and shrub plantings within the riparian habitat. During the
hearing, one of the members of the Town Planning Commission requested that additional
detailed information be supplied regarding the 10,000 square feet of additional planting. The
purpose of this correspondence is to provide the requested information.
To place the applicant - proposed enhancements in context we feel it important to first review
those measures contained within the Initial Study specific to the riparian habitat along Los Gatos
Creek. As background, the Town's biological consultant, Wood Biological Consulting,
concluded that "the proposed encroachment upon the riparian corridor is not likely to result in
significant adverse effects on biological resources or the creek environment pursuant to CEQA
Guidelines." Their report and the project Initial Study, goes on to conclude that "the Town of
Los Gatos may make the determination that the basic goals and objectives of the SCVWRPC
[Santa Clara Valley Water Resources Protection Collaborative] Guidelines can still be achieved
if certain conditions are incorporated into the project design. Such conditions should include the
following measures, at a minim to reduce the project's potential direct and indirect effects on
the riparian zone:
No new construction or the removal of any native vegetation shall be permitted beyond
the existing chain -link fence.
2. Removal of native trees within the riparian zone shall be minimized.
3. Construction of new impervious surfaces within the riparian zone shall be reduced as
much as is feasible.
983 University Avenue, Building D • Los Gatos, CA 95032 • Ph: 408.458.3200 • F: 408.458.3210
4. Best Management Practices (BMP's) to pre -treat storm runoff from the project prior to
release into Los Gatos Creek shall be incorporated into the project design.
5. BMP's shall be implemented during construction to prevent creek bank erosion and the
release of any contaminant into Los Gatos Creek.
6. All recommendations identified in the arborist's report (Babby 2010) shall be
implemented.
The Town of Los Gatos' Tree Protection Ordinance specifies that a permit is required for
the removal of any tree with a diameter of four inches or greater located on a vacant lot or
undeveloped property. Based on the recorded size of tree 4118 (western sycamore,
spread = 50'), six 24" box trees are to be planted. Replacement trees are to be planted on
the subject property. As an alternative, permission may be sought from the Santa Clara
Valley Flood Control District to see if the replacement trees may be planted off site in the
Los Gatos Creek channel. If replacement trees cannot be reasonably placed on the subject
property or on the banks of the creek channel, the value of the trees to be removed shall
be paid to the Town Forest Fund to add or replace trees on public property.
8. As additional compensation for construction within the riparian zone, the following
measures shall be incorporated into the project design:
a. An invasive species eradication program shall be implemented for the segment of
Los Gatos Creek (both banks) in line with the upstream and downstream property
boundaries.
b. A qualified Restorationist shall be retained at the applicant's expense to survey
the creek segment to identify invasive species to be eradicated. A qualified
Contractor shall be hired at the applicant's expense to implement the
Restorationist's recommendations. It is anticipated that the effort would target
giant reed, eucalyptus, privet, Himalayan blackberry, smilo grass, and sweet
fennel, or any other species identified by the Restorationist.
c, The Restorationist shall provide guidance to the Contractor regarding appropriate
eradication techniques.
d. Upon completion of the work, the Restorationist shall conduct an inspection and
submit a report to the Director of Community Development. If the Contactor's
work was incomplete or unsatisfactory, Contractor shall continue his /her work
until the Restorationist signs off.
e. The Restorationist shall conduct an annual inspection of the creek section for a
period not less than five years. If significant recolonization by invasive species is
identified, the applicant shall be responsible for implementing further eradication
efforts.
f At the end of five years, if the applicant's efforts have be satisfactory as report by
the Restorationist, the applicant's obligations shall be deemed complete. If the
applicant's efforts are deemed unsatisfactory by the Town, the invasive species
eradication program shall be continued for an additional five years.
H. T. HARVEY & ASSOCIATES
In addition to these measures recommended by the Town's consultant, we present here for your
consideration the requested additional detailed information regarding planting native trees and
shrubs within the riparian habitat along Los Gatos Creek. Many of the elements provided below
could ultimately be included in a formal Riparian Habitat Enhancement and Monitoring Plan
(Plan) for the project.
It is anticipated that such a Plan would be developed in close consultation with staff of the Santa
Clara Valley Water District and biologists from the California Department of Fish and Game as
part of the discretionary approval process with those agencies. More detail than is presented here
can only be completed after site - specific technical studies are conducted to investigate factors
such as soils, hydrology, topography, etc. Such additional studies can be conducted within the
timeframe presented below. Based on our current level of knowledge regarding the riparian
habitat and the proposed enhancements we provide the additional following information
regarding enhancement implementation, maintenance and monitoring methods.
I. ENHANCEMENT IMPLEMENTATION
The proposed Riviera Terrace riparian
enhancements are proposed to take place in the
existing Los Gatos Creek riparian habitat that
occurs within the property boundaries. This area
occurs south of the existing chain link fence in a
portion of the parcel that has not been developed
nor is it proposed to be developed. This area is
currently in very low ecological condition that
presently supports few native trees and very little
riparian canopy. For reference, the figure
presented at the right shows the proposed
locations of Buildings 3 and 4. The proposed
enhancement area is shown in color.
ENHANCEMENT SITE CONSTRUCTION
SCHEDULE
Riparian vegetation installation is expected to
begin in fall of 2013. Collection and propagation
of plant material should commence in fall 2012 so
that plants will be ready for fall 2013 planting.
The order of events for construction of the
enhancement site is roughly as follows:
1. Prepare revegetation enhancement plan, and plans and specifications with sufficient lead
time to allow for agency review and approval, and bidding of work prior to fall 2013 site
installation;
H. T. HARVEY & ASSOCIATES
2. Install Environmentally - Sensitive Area (ESA) fencing to protect existing vegetation to be
preserved;
3. Remove non - native, invasive species within enhancement planting areas;
4. Perform soil investigation in enhancement planting areas to confirm horticultural
suitability;
5. Install irrigation system;
6. Plant native vegetation in areas as described in the planting plan below;
7. Seed and mulch all disturbed soil areas.
SITE PREPARATION
All native riparian species within and immediately adjacent to the enhancement areas will be
identified prior to site preparation by a qualified biologist. All native riparian habitat will be
protected during installation of the enhancement plantings. The ESA fencing will be installed
along the perimeter of the enhancement areas to prevent disturbance to adjacent riparian habitat.
The soils on site are anticipated to be suitable for successful establishment of the enhancement
plantings. However, soils within the riparian enhancement areas will be sampled and analyzed
at a qualified laboratory to confirm horticultural suitability. if any soil amendments are
recommended they are likely to be minimal (e.g., organic matter) and will be incorporated
directly into the planting holes at the time of plant installation.
EXOTIC PLANT SPECIES ERADICATION
As this part of Los Gatos Creek supports extensive areas of non - native vegetation and virtually
no mature riparian canopy, the removal of some non- native vegetation in order to replant with
native species will substantially increase the overall habitat quality in this reach of the creek. In
addition to manually removing non- native shrubs and trees, all non - native understory plants
(shrubs and herbaceous plants) within the enhancement areas will be removed by hand, to limit
disturbance to the soil, prior to installing the plantings. As part of the project's overall
maintenance plan, invasive species will be controlled through hand removal and kept below 5%
total cover within the enhancement areas for the first 5 years following installation of the
plantings. The Santa Clara Valley Water District is currently controlling (pers. comtn. Rick
Austin, Vegetation Program Specialist, SCVWD) giant reed (Arundo donax) that has become
established within the proposed enhancement areas and it is anticipated that the removal effort
will continue.
PLANTING PLAN
There is sufficient area along Los Gatos Creek within the property boundaries to install the
proposed enhancement plantings (up to 10,000 square feet). Planting guidelines should be
adhered to in order to assure the viability of the plantings. In general, understory shrub plantings
should be interspersed between upper- and mid - canopy tree species to form a matrix that will
mature into high - quality habitat. Tree species in particular should be planted with sufficient
K T. HARVEY & ASSOCIATES
space to allow them to develop into mature trees. Given the open nature of the existing tree
canopy within the enhancement area plenty of space is available for tree growth. Species spacing
details can be found in Table 1.
Riparian Vegetation. The target species may include, white alder, California bay, and coast
live oak. Mid - canopy and shrub species will include, California buckeye, blue elderberry,
snowberry (Symphoricarpos albus), and California blackberry (Rubus ursinus).
Table 1. Enhancement Plant Palette
COMMON NAME
SCIENTIFIC NAME
ON- CENTER
SPACING (ft)
CONTAINER SIZE*
black cottonwood
Po ulus trichocar a
12
tree of -4
white alder
Alms rhombifolia
12
tree of -4
California bay
Unrbellularia tali ornica
16
tree of -4
Coast live oak
uercus a ri olio
16
tree of -4
California buckeye
Aesculus tali ornica
12
tree of -4
blue elderberry
Sambucus niexicana
12
tree of -4
Total Trees
snowberry
S m horicar os albus
8
dee of
California blackberry
Rubus ursinus
8
dee of
fr treepot -4 = 4 -inch wide x 14 -inch deep, deepot = 2.5 -inch wide x 6 -inch deep
The tree species selected for planting at the enhancement site are based on the riparian species
typically found along riparian corridors within the Los Gatos Creek watershed and in Santa Clara
County. The existing vegetation on site is dominated by non - native shrubs and vines.
Conversion of this area to native - dominated riparian forest represents an enormous improvement
in the overall habitat values of the site.
Plant Procurement. The enhancement plants will be contract grown by a qualified native plant
nursery. Plants will originate from propagules (seeds, acorns, cuttings) collected from the
project vicinity, preferably within the watershed of Los Gatos Creek. If sufficient numbers of
propagules are not available from the immediate vicinity, other creeks in Santa Clara County will
be considered suitable collection sites. A restoration ecologist will approve all propagule harvest
locations.
Timing of Propagation. After plant propagules are collected, 8 -12 months of growing time is
generally required before the plants are ready for installation. Therefore, the nursery contract
will be established 12 months prior to the time of plant installation.
Native Seed Mix
All disturbed areas and bare soil within the enhancement planting areas will be seeded with a
native seed mix to provide erosion control as well as add to the quality of the herbaceous
vegetative layer. Table 2 provides the species and applications rates for the native seed mix.
H. T. HARVEY & ASSOCIATES
Table 2. Native Seed Mix
COMMON NAME
SCIENTIFIC NAME
APPLICATION RATE
(PLS /1000 sq ft
Meadow barley
Hordeum brachyantheruni
3.5 oz /1000 s . ft.
Blue wildrye
EI nnus glaucus
3.0 oz /1000 s . ft.
California brome
Broncos carinalus
3.0 oz /1000 s . ft.
Total
9.5 oz/1000 s . ft.
Plant Installation
Container -grown plants will be installed between October and February when rainfall has
saturated the soils at the enhancement sites. The planting holes for container -grown woody
vegetation should be at least 2 ft in diameter and 2 ft deep. All stones greater than 3 inches in
diameter will be removed from the excavated soils. The sides and bottom of each hole should be
scarified and each planting hole should be irrigated before planting and again immediately
following planting. The plants will be installed so that their root crowns are at or slightly above
(up to' /2 inch) grade following soil settlement after irrigation.
A 3 -ft diameter irrigation basin with a 4 -inch high, 4 -inch wide berm will be constructed around
each plant. The basins will be kept weed free to reduce competition.
Mulch. Coarse woodchip mulch will be spread in each planting basin to a minimum depth of
three inches. The mulch will serve to control weeds, reduce loss of soil moisture, and help to
condition the soils. Mulch shall be installed so that there is a 2 -3 inch gap around the plant stern.
Weed Control. Weeds around individual plants will be controlled primarily by placing
woodchip mulch within each irrigation basin. However, all weeds that do germinate within the
planting basins shall be removed by hand. Weeds throughout the site will be controlled as
described in the site maintenance plan.
Irrigation
Irrigation will need to be provided to each planting basin. A number of irrigation methods could
be used to irrigate the plantings. The preferred method would be a drip or bubbler system
connected to a water mainline. This method allows for a controller to be installed insuring the
proper volume and frequency of watering. However, due to the relatively small, localized
enhancement sites and limited number of plantings, hand watering from a water truck or bucket
watering from the creek, are options as well. The irrigation method/system will be determined
during development of the project's plans and specifications.
Schedule
The work is scheduled to begin in the late summer /fall 2012 with propagule collection. Ideally,
the riparian plants will be installed between October 2013 and December 2013.
H. T. HARVEY & ASSOCIATES
2. MAINTENANCE MEASURES
OVERVIEW
The enhancement plantings will require initial maintenance during the first 5 years (plant
establishment period) to establish and become self - sustaining. Maintenance will include dead
plant replacement, irrigation, and weed control. Additional maintenance including weed control
of non - native and exotic plants will be required to ensure that the enhancement areas remain free
of invasive, non - native species, such as giant reed, Himalayan blackberry, periwinkle, and other
invasives on the Cal -IPC - California Invasive Plant Inventory Database.
Monitoring data shall be collected by a qualified biologist will be used to evaluate the success of
the enhancement sites. Information from this monitoring program will provide feedback to
direct necessary maintenance, and help ensure the success of the enhancement site.
Dead Plant Replacement
During the first 4 years all dead plants shall be replaced. In Year 5, if plant survival for any
individual species or the site as a whole falls below 75 %, then replanting will occur. If a
particular species continuously does not meet the required survival criterion, then with agency
concurrence, those species that are most well adapted to the site and have high health and vigor
will be used to replace the dead plants.
Irrigation
The riparian plantings will require irrigation during the 5 -year plant establishment period. The
irrigation frequency will be gradually reduced during this period to facilitate plant acclimation to
the site's natural moisture regime. In Year 1, the plantings will be irrigated approximately 2 -4
times per month from March through October. Each irrigation period will provide a sufficient
amount of water to encourage the development of taproots. The irrigation schedule in Year 2
will be based on the water requirements of the plants and is anticipated to be substantially less
(approximately 1 -2 times per month), while in Year 3, little irrigation (0 -1 time per month) will
be required. Irrigation may not be required in Years 4 and 5. However, depending on the timing
and number of replants installed during Years 1 -3, some irrigation may be needed beyond
Year -3. The irrigation schedule may be modified based on climatic conditions to ensure
vigorous plant growth during the summer months and/or times of drought.
If a drip or bubbler irrigation system is used it will be regularly maintained during the plant
establishment period. Any component of the system not functioning properly will be
subsequently repaired as part of regular site maintenance. The maintenance will include a
provision that the irrigation, system will be continuously checked and kept in good working
order.
If plantings show signs of severe drought stress at any point beyond the plant establishment
period, supplemental irrigation will be required. It is unlikely that this irrigation will be needed,
although if necessary, it is likely that hand watering one or two times will be sufficient.
7 H. T. HARVEY & ASSOCIATES
Weed Control
Weeds within the riparian enhancement site will be controlled within the irrigation basins for
each plant and throughout the site as a whole. The irrigation basin around each installed tree and
shrub will be kept weed free by maintaining the mulch layer and manually removing the weeds
that become established in the mulch. Care will be taken to avoid the removal of naturally
recruiting native vegetation.
Invasion of the riparian enhancement site by invasive, non - native species can significantly
impede the development of the plantings, and therefore, will need to be monitored and
controlled. During the first 5 years, the presence of non - native, invasive species (particularly
species in the Cal -IPC - California Invasive Plant Inventory Database) will be assessed during
each site maintenance visit and the project proponent will be responsible for removing species
that could affect site performance. All non - native, invasive species listed in the Cal -IPC
database will be manually removed from within the enhancement site. In addition, any giant
reed that establishes within the enhancement site during the entire 10 year monitoring period will
be manually removed immediately. If needed, a qualified restoration ecologist will assist the
maintenance contractor in identifying non - native, invasive species to be removed.
Natural Recruitment
Measures will be taken to protect native woody plant species that have established through
natural recruitment. At a minimum, these species will be identified and protected prior to and
during weed control activities. If needed, a qualified restoration ecologist will assist the
maintenance contractor in identifying naturally recruited native species.
Pruning
Enhancement plants will not be pruned unless specifically required to maintain the health and
vigor of the plants. Plants with a substantial insect or disease infestation may require pruning.
Debris Removal
Inorganic, unnatural debris and trash deposited in the enhancement site will be removed on a
regular basis until the sites' long -term success criteria have been met.
Schedule
The riparian enhancement sites will be maintained regularly during the 5 -year plant
establishment period. Maintenance activities will occur approximately 2 -4 times per month
(may decrease annually according to irrigation schedule and need for weed control) during the
growing season (March- October) and approximately once per month from November - February.
H. T. HARVEY & ASSOCIATES
3. MONITORING MEASURES
Monitoring data will be collected and used to evaluate the success of the enhancement site.
Information from this monitoring program will provide feedback to direct necessary maintenance
and potential remedial measures to ensure the success of the enhancements.
The enhancement site will be monitored over a 10 -year period, occurring in Years 1 -3, 5, 7 and
10. A qualified restoration ecologist will monitor to ensure that the enhancement site is installed
as described in this plan. Performance and final success criteria will be based on percent native
vegetation survival and tree height. Additionally, percent cover of non - native, invasive plants
within the planted enhancement areas will not exceed 5% during the first 5 years following
installation and giant reed shall be fully eradicated over the entire 10 year monitoring period. By
Year 10, the enhancement site should be sufficiently established to determine if it will eventually
reach the long -term goals with little chance of failure. If the final success criteria of the
plantings have not been met at Year 10, monitoring will continue until they have been met.
AS -BUILT PLANS
Within S weeks of the completion of enhancement site installation, marked -up as -built plans will
be prepared and submitted to the Town of Los Gatos. These plans will show all significant
deviations from the construction as described in this document, such as, changes to the
enhancement area configurations and/or any features added to the site that were not included in
this plan. Future analysis of the site will be based on these plans.
PERFORMANCE AND SUCCESS CRITERIA
Performance Criteria
This section contains the performance criteria for the enhancement site. Site monitoring
measurements will be compared to the performance criteria below to evaluate the extent to which
the enhancement areas are incrementally developing high quality riparian habitat values.
Riparian Habitat Acreage. The enhancement work will provide up to 10,000 sq ft of
restored/enhanced riparian habitat dominated by a mixture of native riparian tree and shrub
species. This acreage will be delineated and documented in the as -built plans.
Percent Survival for Riparian Trees and Shrubs. Percent survival of the planted riparian
trees and shrubs will be monitored during Years 1 -3, 5, 7, and 10. During the first four years all
dead plants will be replaced (100% survival criterion). At the end of the fifth year of monitoring,
native riparian species shall attain a performance criterion of 75% survival on a per species basis.
If survival falls below 75% in Year -5 all dead plants will be replaced. At the end of the tenth
year of monitoring, native riparian tree species shall meet a final success criterion of 65%
survival on a per species basis.
H. T. HARVEY& ASSOCIATES
Average Tree Height. Average tree height will be monitored in Years 1 -3, 5, 7, and 10. For
average tree height, the trees will show a steady increasing trend in height over the 10 year
monitoring period.
Trend Characteristics
Trend characteristics to be monitored include plant health and vigor and natural recruitment.
The results of the trend characteristics monitoring will aid in the assessment of the sites'
progress.
Site Maintenance
Site maintenance is included in the performance criteria because of the critical importance of
proper maintenance during the plant establishment period. Site maintenance monitoring will
assess the need for plant replacement, weed control, and irrigation. Site maintenance will be
monitored during the three -year plant establishment period. The following are the performance
criteria for site maintenance:
Plant Replacement. All dead plants will be replaced, as needed, between October 15 and
March 15. The plants must originate from Santa Clara County, preferably within the watershed
of Los Gatos Creek. If sufficient plant materials are not available from the local watershed,
propagules form other creeks in Santa Clara County may be acceptable for use, with approval of
a qualified restoration ecologist. A written summary of replanting dates, locations, species, and
numbers will be included in each monitoring report.
Weed Control. Weeds that establish within the 3 -ft diameter planting basins will manually
removed. Cover of invasive weeds (particularly species in the Cal -IPC - California Invasive
Plant Inventory Database) within the enhancement site will be less than 5% at all times. The
maximum height for all weeds within the enhancement site, at any time, will be 24 inches and
will be below 12 inches during the growing season (March- October). During the entire 10 year
monitoring period, all giant reed that establishes within the enhancement site will be manually
removed.
Irrigation. Irrigation of the enhancement plantings will be assessed to determine if they are
being irrigated with sufficient regularity to achieve the plant survival success criteria.
Final Success Criteria
Monitoring of the enhancement site by a qualified restoration ecologist will determine if the
work has met its enhancement obligation. The final success criteria for riparian habitat acreage,
plant survival, tree height and non - native, invasive species control will be used to determine if
the enhancement requirements have been met. Attainment of the final success criteria will
indicate that the site is well on its way towards meeting the long -tern habitat goals with little
chance of failure. The final success criteria will be evaluated in the last year of the 10 year
monitoring period. The Year 10 final success criteria define enhancement success and will be
used to obtain sign -off from the permitting agencies.
10 . HT. HARVEY & ASSOCIATES
MONITORING METHODS
The following provides details about the methodology that will be used during annual site
monitoring.
Plant Survival
The survivorship of plantings will be determined by field counts of all trees and shrubs installed.
Percent survival will be calculated at follows:
Percent Survival of Species A = (Number of Individuals of Species A Alive During Monitoring
Period /Total Number of Species A Installed) * 100.
Average Tree Height
All planted trees will be measured for tree height using a stadia rod, clinometer or laser range
finder. Average tree height will be calculated by species and will be tracked between years to
determine if there is an increasing trend.
Health and Vigor
A qualitative assessment of the overall plant health and vigor of all planted trees and shrubs will
be made by considering such factors as plant color, bud development, new growth, herbivory,
drought stress, fungaUinsect infestation, and physical damage. The overall health and vigor of
all planted trees and shrubs will be monitored in Years 1 -3, 5, 7, and 10. Plant health and vigor
will be measured using the numerical and qualitative scale shown in Table 3. Health and vigor
for each tree and shrub species will be ascertained by averaging the numerical values for each
species. Plant health and vigor will be assessed for all woody plants installed and compared
between species and years.
Table 3. Plant Health and Vigor Ratings.
QUALITATIVE VALUES
NUMERICAL VALUES
OBSERVATIONS
High health and vigor
3
67 -100% healthy foliage
Medium health and vigor
2
34 -66% healthy foliage
Low health and vigor
1
1 -33% healthy foliage
Dead
0
Dead
Natural Recruitment
Natural reproduction and recruitment will be monitored throughout the enhancement site in
Years 1 -3, 5, 7, and 10. The number of stems of native and non - native woody plant species
observed within the site will be counted and reported by species.
Photo - Documentation
Photo - documentation of the enhancement site will be conducted from at least four fixed
locations in Years 1 -3, 5, 7, and 10. Photographs will also be taken to record any event that may
significantly affect the success of the enhancement, such as flood, fire, or vandalism. The
11 H. T. HARVEY & ASSOCIATES
locations of photo - documentation points will be selected when the as -built plans are developed
for the site.
MONITORING SCHEDULE
The monitoring schedule is presented in Table 4. Monitoring will be conducted at the
enhancement site between July and October of each monitoring year.
Table 4. Monitorin¢ Schedule
MONITORING
TASK
YR -1
YR -2
YR -3
YR -5
YR -7
YR -10
As -built Plans
Percent Survival
RWKS
X
X
X
X
X
X
Tree Hei ht
X
X
X
X
X
X
Plant Health and Vi or
X
X
X
X
X
X
Natural Recruitment
X
X
X
X
X
X
Photo - documentation
X
X
X
X
X
X
REPORTING
Annual data collection will take place in July- October of each monitoring year. Annual
monitoring reports will be submitted to the Town of Los Gatos by December 31st of each
monitoring year. Maps showing monitoring locations and copies of photo- documentation will be
provided along with reports. Field data sheets will be available for review upon request.
COMPLETION OF ENHANCEMENTS
At a minimum, monitoring will be conducted over a 10 year period at the enhancement site. At
the end of the monitoring period, a final monitoring report will be prepared to establish whether
the enhancement site has achieved the final success criteria. If the enhancement site has
successfully met the success criteria, a letter will be sent to the Town of Los Gatos
acknowledging the condition of the site. The project will be considered a success when the
Town of Los Gatos "signs off' on the enhancements.
AND REMEDIAL ACTIONS
If annual performance criteria or final success criteria are not met, the project proponent shall
prepare an analysis of the cause(s) of failure, and propose remedial actions to the permitting
agencies. The project proponent shall provide funding for the planning, implementation, and
monitoring of any remedial actions that may be requested by the Town of Los Gatos to meet the
goals of the enhancement.
STATEMENT OF FINANCIAL COMMITMENT
The Sobrato Development Company is financially responsible for the successful enhancement
for impacts to riparian habitat resulting from the Riviera Terrace Apartments Project, including
long -term monitoring and any proposed remedial actions.
12 K T. HARVEY & ASSOCIATES
We look forward to discussing the proposed enhancements with you in preparation for the
upcoming Council hearing and will be happy to answer any questions you may have at that time.
Please don't hesitate to contact me at 408.458.3204 or pboursier @harveyecology.com.
Sincerely,
�c
Patrick J. Boursier, Ph.D.
Principal, Senior Plant Ecologist
13 H. T. HARVEY & ASSOCIATES
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