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towN of MEETING DATE: 12/02/13 ITEM NO: V !os GAtoS COUNCIL AGENDA REPORT DATE: NOVEMBER 20, 2013 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: TREE REMOVAL PERMIT T -13 -070. PROPERTY LOCATION: 36 PERALTA AVENUE. PROPERTY OWNER/APPLICANT /APPELLANT: JACK AND MARNI BALLETTO. CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION DENYING THE APPEAL OF A TREE REMOVAL PERMIT ON PROPERTY ZONED R -1:8. APN: 510 -42 -034. RECOMMENDATION: After opening and closing the public hearing, it is recommended that the Town Council: 1. Uphold the Planning Commission's decision denying Tree Removal Permit T13 -070 (motion required); and 2. Adopt resolution denying an appeal of a Planning Commission decision denying the appeal of tree removal permit T13 -070 on property zoned R -1:8 (Attachment 4) (motion required). ALTERNATIVES: Alternatively, the Council may: • Determine that the Planning Commission's decision should be reversed or modified and find one or more of the following: a. Where there was error or abuse of discretion on the part of the Planning Commission; or b. The new information that was submitted to the Council during the appeal process was not readily and reasonably available for submission to the Commission; or c. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision; or PREPARED BY: SANDY L. BAILY Director of Community Deve opment Reviewed by: Assistant Town Manager ULTown Attorney Finance N: \DEV \TC REPORTS\2013 \Tree Appeal -36 Pemlta.doc Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 36 PERALTA AVENUE /T -13 -070 November 20, 2013 If the predominant reason for modifying or reversing the decision of the Planning Commission is new information as defined in Subsection (b) above, it is the Town's policy that the application be returned to the Commission for review in light of the new information unless the new information has a minimal effect on the application. • Grant the appeal, make the required findings (Attachment 3), adopt resolution (Attachment 5) to approve the Tree Removal Permit subject to the attached Conditions (Exhibit A) (motion required); or • Continue the project to a date certain with specific direction (motion required); or BACKGROUND: On April 17, 2013, the Parks and Public Works Department (PPW) received a Tree Removal Application to remove a Coast Live Oak with a 38 inch trunk diameter. The property owner requested the removal of the Oak tree based on structural damage that she believed the tree was causing to her detached garage. The tree is reported to be healthy and have good structure. The Town's Arborist in PPW conducted an inspection and based on his initial assessment concurred that the tree was causing structural damage and approved the tree removal permit. Subsequent to the approval, PPW was contacted by a concerned neighbor. The application was re- evaluated and it was determined that there was not enough conclusive evidence that the cracks in the garage floor were caused by the tree roots and the information provided was not sufficient to support removal of the tree pursuant to Town Code Section 29.10.0990. Therefore, the Town rescinded the approval on June 4, 2013. The decision was appealed on June 12, 2013. See Attachment 1 for a thorough description of the Tree Removal Permit appeal. DISCUSSION A. Standards of Review The standards for review of Tree Removal Permits are set forth in Town Code Section 29.10.0990 (Attachment 3). B. Planning Commission On August 28, 2013, the Planning Commission considered the tree removal permit appeal. The Commission heard testimony from the applicant's representative, two concerned neighbors, and the Town's Consulting Arborist. The Planning Commission denied the appeal based on the finding that the information provided to determine feasibility of retention of the tree was not significant enough to remove a tree of this size and condition. See Attachment 2 (verbatim minutes) for the Commission's full discussion. PAGE MAYOR AND TOWN COUNCIL SUBJECT: 36 PERALTA AVENUE /T -13 -070 November 20, 2013 C. Appeal The property owner submitted an appeal of the Planning Commission's decision on September 9, 2013 (Attachment 6). The property owner's justification for filing the appeal is that the Planning Commission erred or abused its discretion because the decision to deny the appeal was: 1. Contrary to all the evidence submitted, including the staff report that recommended approval of the appeal. 2. Based on evidence not contained in the record. 3. Contrary to each of the three certified arborists' recommendations, including that of the consulting arborist hired by the Town of Los Gatos, who testified in favor of granting the appeal. 4. Unsupported by the four reasons stated in the letter from Steve Regan, Maintenance Superintendent, rescinding the tree removal permit that had been granted. 5. Unduly influenced by incorrect statements made by members of the public. In addition, the applicant requested to waive the 56 day time period for the Town Council's public hearing date to allow additional time to obtain adequate site and construction information regarding the reconstruction of the garage in relation to the existing improvements as discussed by the Planning Commission. STAFF REMARKS: Subsequent to the Planning Commission meeting of August 28, 2013, the applicant obtained an existing conditions site plan and three separate cost estimates and scope of work to implement the measures discussed by the Town's consulting arborist in Exhibit 8 of Attachment 1; these options are discussed in more detail in Attachment 7. Staff has provided additional notes in italics where applicable. • Option 1: Reconstruct the garage in its existing location with a new garage slab, incorporating steel and foam protection around all tree roots three inches or greater. As noted by the Town's consulting arborist, this option poses the most risk to both the tree and the replacement structure in that the amount of excavation required to pour the new garage slab could damage the tree and cause it to fail. In addition, if the tree survives, it will continue to grow and most likely continue to grow towards or into the new garage. This design would require an exception to the Town's accessory structure setback requirements in order to maintain the one foot side setback (three, foot minimum is required). • Option 2: Reconstruct the garage closer to the house, at least three feet from the edge of the tree trunk. This option still requires significant grading within the canopy of the tree and as with option one, could damage the tree and cause it to fail in the future. This option also requires the same exception as option one regarding the exception to the side yard setback requirement as well as the required five foot minimum setback from the main structure. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: 36 PERALTA AVENUE /T -13 -070 November 20, 2013 • Option 3: Reconstruct the garage a minimum of 10 feet from the edge of the tree trunk. This option would be the least impactful to the tree, but would require attaching the garage to the residence. This would require removal of the main egress window for one of three bedrooms within the home; it is unclear at this time if sufficient light and ventilation would be available through the smaller egress window. This option would require an exception to side yard setback requirements for the main house, eight foot minimum is required, one foot could be provided. In regards to the exceptions required noted above, Town Code allows setback requirements to be modified on nonconforming lots, subject to Architecture and Site approval, if it can be found that the building exception is compatible with the neighborhood. The subject lot is nonconforming in that it doesn't meet the minimum lot size nor the minimum lot frontage. The appellant's neighbor submitted a letter (Attachment 8) from their consultant (Cotton, Shires and Associates, INC.). This letter provides their opinion on options presented by the Town's consulting arborist. CONCLUSION: It is recommended that the Town Council deny the appeal and uphold the decision of the Planning Commission to deny the tree removal permit and adopt the resolution in Attachment 4. If the Council determined that the appeal should be granted, specific findings as to how the Planning Commission erred must be incorporated in to the resolution (Attachment 5) which includes recommended conditions of approval. ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt according to Section 15304 of the State Environmental Guidelines as adopted by the Town. FISCAL IMPACT None. Attachments: Previously under separate cover: 1. August 28, 2013, Planning Commission meeting staff report 2. August 28, 2013, Planning Commission meeting verbatim minutes Received with this report: 3. Required Findings 4. Resolution denying the Appeal PAGE MAYOR AND TOWN COUNCIL SUBJECT: 36 PERALTA AVENUE /T -13 -070 November 20, 2013 5. Resolution granting the Appeal (includes Exhibit A, Recommended Conditions of Approval) 6. Applicant's Appeal of Planning Commission Decision 7. Addition information provided by Applicant, received November 5, 2013 8. Letter from neighbor's consultant, received November 20, 2013 Distribution: cc: Jack and Marm Balletto, 36 Peralta Avenue, Los Gatos, CA 95030 Rebecca Tourney, 266 Los Gatos Saratoga Road, Los Gatos CA 95030 Debbie Ellis, PO Box 3714, Saratoga, CA 95070 Sandy Decker, 45 Glen Ridge, Los Gatos, CA 95030 Town of Los Gatos Public Works N: \DEV \TC REPORTS\2013 \Tree Appea1-36 Peralta.doe THIS PAGE INTENTIONALLY LEFT BLANK TOWN OF LOS GATOS i `. PLANNING COMMISSION STAFF REPORT SOS i �. Meeting Date: August 28, 2013 GP10S PREPARED BY: Maim F. Moseley, AICP Associate Planner mmoseleyna l osgatosca.eov APPLICATION NO.: Tree Removal Permit Application T13 -070 LOCATION: 36 Peralta Avenue (east side of Peralta Avenue) APPLICANT /APPELLANT/ PROPERTY OWNER: Jack and Marm Balletto CONTACT PERSON: Rebecca Turney ITEM NO: 2 APPLICATION SUMMARY: Appeal of a decision by the Director of Community Development denying a Tree Removal Permit on property zoned R -1:8. APN 510 -42 -034. RECOMMENDATION: Grant the appeal PROJECT DATA: General Plan Designation: Low Density Residential 0 -5 units /acre Zoning Designation: R -1:8 —Single Family Residential Applicable Plans & Standards: None Parcel Size: 5,500 square feet Surrounding Area: Existing Land Use ; General Plan Zoning North Residential ` Low Density Residential R -1:8 East Residential Low Density Residential i R -1:8 South Residential Low Density Residential R. 1:8 West Residential . Low Density Residential R -1:8 CEQA: The project is Categorically Exempt according to Section 15304 of the State Environmental Guidelines as adopted by the Town. FINDINGS: ■ As required by Section 15304 of the State Environmental Guidelines as adopted by the Town that this project is Categorically Exempt. ■ As required by Section 29.10.0990 of the Town Code for a tree removal permit. KIFT C AIENT '' Planning Commission Staff Report - Page 2 36 Peralta Avenue /T13 -070 August 28, 2013 ACTION: The decision of the Planning Commission is final unless appealed within ten days. EXHIBITS: 1. Location Map 2. Findings 3. Recommended Conditions of Approval (one page) 4. Tree Removal Application (one page) 5. Letter from Town rescinding approval (two pages) 6. Appeal Letter, received June 12, 2013 (seven pages) 7. Town Consulting Arborist report, received June 21, 2013 (seven pages) 8. Follow up Town Consulting Arborist report, received July 22, 2013 (four pages) 9. Response letter from appellant's arborist, received August 14, 2013 (seven pages) 10. Letter from 37 Peralta, received August 20, 2013 (one page) 11. Letter from 45 Glen Ridge, received August 21, 2013 (six pages) BACKGROUND On April 17, 2013, the Parks and Public Works Department (PPW) received a Tree Removal Application to remove a Coast Live Oak with a 38 inch trunk diameter (Exhibit 4). The property owner requested the removal of the Oak tree based on structural damage that she believed the tree was causing to her detached garage. The tree is reported to be healthy and have good structure. The Town's Arborist in PPW conducted an inspection and based on his initial assessment concurred that the tree was causing structural damage and approved the tree removal permit. Subsequent to the approval, PPW was contacted by a concerned neighbor. The application was re- evaluated and it was determined that there was not enough conclusive evidence that the cracks in the garage floor were caused by the tree roots and the information provided was not sufficient to support removal of the tree pursuant to Town Code Section 29.10.0990. Therefore, the Town rescinded the approval on June 4, 2013 (Exhibit 5). The decision was appealed on June 12, 2013 (Exhibit 6). As required, along with the appeal, the property owner provided a report by a licensed arborist with pictures to support the structural damage caused by the tree (Exhibit 6). It should be noted that subsequent to the denial of the tree removal permit, the applicant trimmed the tree, within the limits permitted by Town Code, altering the tree aesthetically and structurally. Planning Commission Staff Report - Page 3 36 Peralta Avenue /T13 -070 A nhust 28, 2013 ANALYSIS: A. Standards of Review The standards for review of Tree Removal Permits are set forth in Town Code Section 29.10.0990 (Exhibit 2). The Town's consulting arborist conducted two site visits and prepared two reports with her findings. The first report (Exhibit 7) came to the same conclusion as staff, that it was unclear if the tree was the sole cause of the damage to the garage. A portion of the garage floor nearest the tree was recommended to be removed in order to further assess the situation. The second report was completed after excavation of a portion of the garage floor and determined that the roots of the tree have been causing damage to the existing garage floor and walls. The report provided the following options /recommendations (see Exhibit 8 for further details): 1. Remove the oak tree; 2. Keep the oak tree; carefully sever roots of the tree to a depth of three feet, and install root barrier between the tree trunk and the garage. While the consultant provided this as an option, she does not recommend it due to the potential instability it could cause to the tree. 3. Keep the oak tree, carefully demolish the existing garage in order to protect the oak, construct a new garage far enough away from the oak so that there is no soil disturbance within a minim distance of at least 10 feet from the trunk of the tree; 4. Keep the oak tree; carefully demolish the existing garage in order to protect the oak, construct a new garage with the floor ramped above the oak roots, at least two feet from the trunk of the tree; or 5. Keep the oak tree, carefully demolish the garage in order to protect the oak, construct a new garage at least two feet from the trunk of the tree. Do no subgrade excavation for the garage slab, but instead preserve and protect large roots by placing a steel plate over the roots. It should be noted that while the above alternatives are available to save the tree, the Town cannot require the owner to do any of the options. The Planning Commission can only grant or deny the appeal. While staff does not have an accurate existing site plan to fully assess the existing conditions (setbacks, location of the tree, or width of the driveway), from numerous site visits, it appears that reconstruction of the garage further forward on the property would be difficult without granting exceptions that would most likely not be consistent with the immediate neighborhood or the Town's Residential Design Guidelines. For example, if the Planning Commission Staff Report - Page 4 36 Peralta Avenue/T13-070 August 28, 2013 garage remains detached, there would be insufficient space between the garage and the residence, or if a new garage was attached to the residence, an exception for the side setback of the residence would have to be granted, which does not appear consistent with the neighborhood pattern. While a new garage could potentially be reconstructed in its existing location, the future growth of the Oak tree would most likely continue to cause damage to the new structure. B. Environmental Review The project is project is Categorically Exempt according to Section 15304 of the State Environmental Guidelines as adopted by the Town. PUBLIC COMMENTS: Staff has received one letter in support of the tree removal from an adjacent neighbor (Exhibit 10), and one letter from an adjacent neighbor opposed to removal of the tree (Exhibit 11). SUMMARY AND RECOMMENDATION: A. Summary: Based on the determination that the tree roots are damaging the existing garage floor and that the Town has historically granted tree removal permits if it has been found that the tree is damaging private property, staff recommends granting the appeal. B. Recommendation: Grant the tree removal permit appeal subject to the required canopy replacement (Section 29.10.0985). Alternatively, the Commission can: 1. Uphold the decision to deny the tree removal; or 2. Continue the matter to a date certain with specific direction. Prepared by: Marni F. Moseley, AICP Associate Planner SLB:MM:ct 4nA -A Approved by: \ Randy L. Baily�) Director of Community Development Planning Commission Staff Report - Page 5 36 Peralta Avenue /T13 -070 August 28, 2013 cc: Jack and Marni Balletto, 36 Peralta Avenue, Los Gatos, CA 95030 Rebecca Tourney, 266 Los Gatos Saratoga Road, Los Gatos CA 95030 Debbie Ellis, PO Box 3714, Saratoga, CA 95070 Bob Kass, Director of Parks & Public Works Sandy Decker, 45 Glen Ridge, Los Gatos, CA 95030 KVDEVAREPORTS\2013 \36 Peralta -tree appeal.doc This Page Intentionally Left Blank 36 Peralta Avenue EXHIBIT 1 of Attachment 1 This Page Intentionally Left Blank REQUIRED FINDINGS FOR: 36 Peralta Avenue Tree Removal Permit T13 -070 Appeal of a decision by the Director of Community Development denying a Tree Removal Permit on property zoned R -1:8. APN 510 -42 -034 APPLICANT/PROPERTY OWNER: Jack and Marni Balletto FINDINGS Required finding for CEQA: ■ The project is Categorically Exempt pursuant to Section 15304 of the State Environmental Guidelines as adopted by the Town. Required standards of review for a Tree Removal Application: ■ As required by Section 29.10.0990 of the Town Code for granting approval of a Tree Removal Application: Each application for a tree removal permit required by this division shall be reviewed using the following criteria: (1) The condition of the tree or trees with respect to disease, imminent danger of falling or structural failure, proximity to existing or proposed structures based on a report from a certified arborist, structural damage to a building or a public nuisance caused by a tree. The danger of falling or failure shall be rated using the ISA Tree Hazard Rating Form or an approved equivalent. (2) The condition of the tree giving rise to the permit application cannot be reduced to a less than significant level by the reasonable application of preservation, preventative measures or routine maintenance. (3) The removal of the tree(s) will not result in a density of trees or tree cover that is inconsistent with the neighborhood. (4) The number of trees the particular parcel can adequately support according to good urban forestry practices, or whether a protected tree is a detriment to or crowding another protected tree. (5) In connection with a proposed subdivision of land into two (2) or more parcels, no protected tree shall be removed unless removal is unavoidable due to restricted access to the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.) The tree removed shall be replaced in accordance with the standards in section 29.10.0985 of this Code. Tree preservation and protection measures for any lot that is created by a proposed subdivision of land shall comply with the regulations of this Code. (6) The retention of a protected tree would result in reduction of the otherwise- permissible building envelope by more than twenty -five (25) percent. In such a case, the removal shall be conditioned upon replacement in accordance with the standards in section 29.10.0985 of this Code. IT 2 of Attachment 1 This Page Intentionally Left Blank CONDITIONS OF APPROVAL — August 28, 2013 36 Peralta Avenue Tree Removal Permit T13 -070 Appeal of a decision by the Director of Community Development denying a Tree Removal Permit on property zoned R -1:8. APN 510 -42 -034 APPLICANT/PROPERTY OWNER: Jack and Marni Balletto TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below. 2. EXPIRATION: The Tree Removal Application approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. REPLACEMENT TREES. Replacement trees shall be planted for trees being removed. The number and size of new trees shall be determined by the Town Arborist using the canopy replacement table in the Town's Tree Protection Ordinance. Required trees shall be planted within 60 days of tree removal. 4. TREE STAKING. All newly planted trees shall be double - staked using rubber tree ties. 5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. N:\DEV\CONDITNS\2013 \36 Peralta -tree appeal.doc of Attachment 1 This Page Intentionally Left Blank "a - a t Mn cs A TOWN OF LOS GATOS PARKS & Peel iC WORKS 1:. Sl RV1Ct CENT[R 1; 95 TREE REMOVAL APPLICATION AND PERMIT L6s GA lob CA95030 030 (408)x99 -5770 * * APPLICATION * * I`,_..;e PRINT the following information: Name of Property Owner: \ 6 -4— j. LY-1s ?i Phone: Property Owner's Site Address: `- Zip Code: t Property Owner's Mailing Address: Zip Code: p (Name), consent and agree to allow (Nmne ), to apply and r obtain a tree removal permit on my property location at (Address) Property Owner's Signature (required): Name of CDD Planner (if applicable): Tree Type Trunk Diameter Reason for Removal (measured (attach additional sheet. if needed) from ground) Total number of tree(s) requesting to be removed: Date: Fee Tree Amount Size Verified � t3cJ Total Fees: S Staffwill review, each application and notify applicant of approval or denial within 14 brtsiaess days o, {receipt. This application becomes a perntil only upon approval- otiBMITTAL REQUIREMENTS ❑ Photos of tree(s) proposed for removal depicting reason for ❑ Map indicating tree(s) location on the property (required): ❑ Arborist Report (if applicable); ❑ Fee S 130 for one tree + S65 for each additional tree on same Payments (Cash, ChecklMoney Order made payable to the Monday through Friday, at the following locations: }f�� ((� Payment Recc,(sed: _ led rPn5o Pli -ruire , Receipt” �'_' I ) �- �tP�t`� /�Q� Gheck'MonetOrders /.l ) G edit Card Authorization .ation (required) and Account: TREERFM VN OF LOS GAIOS 1 of Los Gatos" or Credit Cards (VISA /MasterCard) are accepted Parks R Public Works Department Civic Center (Finance Department — Lower Level) 41 Miles Avenue 110 East Main Street 7:00 a.m. to 3:00 p.m. 8:00 a.m. to 1:00 P.M. --7 3 * * PERMIT * * T���-�! PER _ t, �',) ( J Oqv 3_ p'Gl' Application Received Date: ¢ r -� Inspection Date: � /:J—/ � Ins cotion Conducted Ds Summary of Inspection: Pursuant to Section 29.10.0990 of the ZonSne Ordinance of the'fotrn of l.os Gatos Code, the removal of trec(s) is: 'ROVED —><, ,;i\ - „)C _A DENIED uenial Notification Date: Appeal Deadline Date: Amount &911p1111 � �,/ u :placement Tree Requirement: -/—_ .. I1+1 Cartegraph Work Request /Order © Accela Application [ PPW Tree Inspection PPW -tree Replacement Disuibution: PPW (white cope), Planning Department (vcllow copy). Applicant (pink cop)) FYJUBIT 4 of Attachment I This Page Intentionally Left Blank June 4, 2013 Mr. John Balletto 36 Peralta Avenue Los Gatos, CA 95030 TOWN OF LOS GATOS PARKS & PUBLIC WORKS DEPARTMENT PHONE (408) 399 -5770 FAX (408) 354 -8529 RE: Rescission of Tree Removal Permit #T 13 -070 Dear Mr. Balletto, SERVICE CENTER 41 MILEs AVEyCE Los GATos, CA 95030 I spoke with you recently regarding your tree removal permit ( #T13 -070) that was issued by the Town Arborist to remove one (1) Quercus Agrifolia (Coast Live Oak), located at the back of your detached garage at 36 Peralta Avenue- Please consider this letter formal documentation of what I conveyed to you by telephone during our conversation. After further review of the arborist report dated April 8, 2013, prepared by Straun Edwards representing Trees 360 Degrees, the Town of Los Gatos Parks and Public Works Department has re- evaluated its earlier position, and consequently rescinds tree removal permit #T13 -070 to remove the tree located on your property based on the following grounds: • The arborist report states the tree appears to be healthy and has good structure. • The slight bend in the wall stated in the arborist report is not clearly represented in the photographs attached to the report. • The tree seems to be well balanced and has a slight lean away from the detached structure. • Separation and/or cracks in the concrete floor are apparent in the photographs however, there is not conclusive evidence that the cracks in the floor were caused by the tree roots. Without removing cracked areas of the floor, the findings in the report are speculative. This tree has been determined to be a protected tree under the Town's Tree Protection Ordinance (Town Code Chapter 29, Division 2 Tree Protection). Based upon the arborist report submitted by Mr. Edwards, it does not appear that your tree permit application request meets the standards to support removal of this tree. The Parks and Public Works Department will issue a 50% refund of the tree removal permit fee paid, per the Town's tree removal permit procedures. Additionally, all money collected for the tree mitigation will be refunded at 100 %. You may appeal the decision to the Planning Commission in writing to: 110 E. Main Street, Los Gatos, CA 95030. The appeal letter must be received within 10 days from today, June 4, 2013, along with a private arborist's report, retained at your own expense, and the Town approved appeal Emma 5 of Attachment 1 form. The original tree removal application and the private arborist report must be reviewed by the Town's consulting arborist. This review is performed at the cost of the applicant. If you have any further questions, please do not hesitate to call me directly at (408) 399 -5775. Sincerely, V -S-S/eve Regan � Maintenance Superintendent Enclosure: Community Development Appeal of Decision Form cc: Todd Capurso, Director of Parks and Public Works Rob Moulden, Town Arborist Judith Propp, Town Attorney Dome Romero, Administrative Assistant TOWN OF LOS GATOS COMMUNITY DEVELOPMENT DEPARTM t0'8 A OF - 110 E. Main Street - PAID Los Gatos, CA 95030 Z APPEAL OF THE DECISION OF JUF 2013 DIRECTOR OF COMMUNITY DEVELOPM ' VN OF LOS GAI OR DEVELOPMENT REVIEW COMMITTEE PLEASE TYPE or PRINT NEATLY I, the undersigned, do hereby appeal a decision of the COMMUNITY DEVELOPMENT ' ^ DEPARTMENT /DIRECTOR OF COMMUNITY DEVELOPMENT OR DEVELOPMENT REVIEW COMMITTEE as follows: DATE OF DECISION: :TUr)E 2D 13 PROJECT /APPLICATION: J QE-f —� RF- M QV Pt- �� �M l[ - -j I LOCATION: Loo (� 4TOG, C'12� a 5030 WHY THE APPEAL ii . (If more space IMPORTANT: L APPEAL MUST BE FILED WITHIN TEN (10) DAYS AFTER THE DATE OF MAILING OF WRITTEN NOTIFICATION sOF THE DECISION. 2. THE APPEAL SHALL BE SET FOR THE FIRST REGULAR MEETING OF THE PLANNING COMMISSION WHICH THE BUSINESS OF THE PLANNING COMMISSION WILL PERMIT, MORE THAN FIVE (5) DAYS AFTER THE DATE OFTHE FILING OF THE APPEAL. THE PLANNING COMMISSION MAY HEAR THE MATTER ANEW AND RENDER ANEW DECISION IN THE MATTER. 3. YOU WILL BE NOTIFIED, IN WRITING, OF THE APPEAL DATE. 4. CONTACT THE PROJECT PLANNER TO DETERMINE WHAT MATERIAL IS REQUIRED TO E SUBMITTED FOR THE PUBLIC HEARING. - A PRINT NAME _ja �- 'eb ' SIGNATURE DATE .�p� I I�G(3 ADDRESS ZZ66 PHONE C4O��' �o(7Zl L05 C1 ��S CaSa3c� "� OFFICE USE ONLY DATE OF PLANNING COMMISSION HEARING: COMMISSION ACTION: 1. DATE: 2. DATE: 3. DATE: PLAPPEAL $ I67.00 Residential PLAPPEAL $ Comm.... ercial PLAPPEAL $ 68.00 Treee A_ppTeal" s Appeal CDD -DRC doc �.� ai2waou of Attachment I This Page Intentionally Left Blank L TreeS360" TREE REPORT For Balletto Residence LOCATION: 36 Peralta Ave., Los Gatos, CA 95030 Straun Edwards Trees 360 Degrees Certified Arborist #WE5612-A Ph. (408) 898-0625 April 8, 2013 To whom it may concern: On April 5"', I inspected (1) Ouercus (coast live oak) at 36 Peralta Avenue in Los Gatos. I have been asked by the homeowner (Mrs. Manu Balletto) to provide my opinion and findings relating to the tree proximity to the garage and damage to the foundation. The tree is located to the rear of the property, behind the aforementioned parking garage. The nlmk diameter measures 38 inches at three feet with the canopy height and spread approximately 60ft x 60 ft. The tree appears to be healthy and has fairly good structure. I would estimate the tree to be 50 -60 years old. I have been observing the growth of this tree over the last five years. Previously to this date, there was 2 -3 inches of space between trunk and structure; the trunk flare at base is now in contact and causing a slight bend in the wall. Cracks have formed and are, becoming worse with time. on the concrete floor inside the garage. As I do not believe there is any remedial action to correct the situation at hand. I believe the only option, long tern, would be to either remove the tree or remove the structure. I am therefore. recommendin4 this tree be removed. Should you have any questions regarding the above information please do not hesitate to call me at (408) 898 -0625. Thank you, Straun Edwards ISA Certified Arborist WE -5612A ry yt `a`+r, r'r d`F C6 - py n Ad On co Of 'Amp goo (±j £ c #py ., f +6� S �r AAA y its As ft ,' Ail : w � ») � ��\ '�_�, 1 � {.... $�1 Consulting Arborist & Horticulturist �E t���j =[-' Marni Moseley Town of Los Gatos, Community Development Department �� �'. i a13 110 E. Main Street Los Gatos, CA 95030 `i°owi\^vs='Los'VkMs PFtiANNUM.'3 1'3 VV,' €011 June 20, 2013 36 Peralta Avenue, coast live oak tree near rear (east) wall of garage Summary: I visited the 36 Peralta property today and also spoke with the owner, Mr. Balletto. During my visit I was able to examine the garage slab and walls from the inside of the garage, which was empty. Based upon my observations, in my opinion it is possible and highly likely that the roots of the subject coast live oak tree are at least somewhat involved in the lifting and cracking of the garage floor concrete slab. In my opinion it is also highly likely that normal soil expansion and contraction combined with the old concrete slab also play a part in the pavement deterioration. My recommendation is to saw cut and remove lifted and /or cracked sections of pavement near the tree in order to see if roots of the oak are obviously involved in the damage. After this information is obtained we can then decide what to do with the tree and the garage. PO Box 3714, Saratoga, CA 95070. 408- 725 -1357. decah@pacbell.net. http ; / /www.decah.com. Page I of 7 of Attachment 1 Observations & Discussion The photo at right shows the trunk and lower branches of the tree viewed from the North. The one -car garage structure is to the right of the tree. The buttress flare of the oak's trunk contacts the slab of the garage (circled), and it is possible that there is a buttress root(s)' growing along or underneath the slab. The wall of the garage facing the tree is definitely warped, both vertically and horizontally. This is somewhat difficult to ascertain in the photo above, but the photo on page 3, taken from the interior of the garage shows this more closely. I placed a digital level on the exterior wall of the garage at the top and bottom of the near the tree. The slope percentage at the bottom of the wall was 0.2 and 1.9 - 2.0 at the top. This is not an exact measurement, but it does confirm my visual observation that the wall of the garage seems to be bent near the trunk of the oak. At the opposite corner of the back of the garage the corresponding slopes are 0.9 and 1.0, respectively. These latter slopes are very close together and are essentially the same. Therefore the north end of the wall near this tree has a much greater and more uneven slope than the southern end which is farther from the tree. Deborah Ellis, MS Consulting Arborist & Horticulturisi Buttress roots: the large roots emerging from the base of the trunk; the trunk flare. Buttress roots support the entire tree and help to equalize mechanical stress. PO Box 3714, Saratoga, CA 95070. 408 - 725 -1357. decah @pacbell.net. http: / /www.decah.com. Page 2 of 7 The photo above shows the warped wall facing the tree more closely. I have outlined in green the approximate location of the tree trunk which is to the left of the window. Note the bottom of the window, which is not level with the floor. 1 do not know whether or not this unevenness is caused by the roots of the tree or for some other reason, such as soil movement or wood warping. I have drawn two red arrows to show the general slope of the floor, pointing toward the low end. I measured the slope of the slab about 12 inches from the back wall, with the level parallel to the back wall. The slope across from the tree trunk was 2.8% and was also the same halfway between the window and the wall to the right. The slope near the garage door, across from the previous measuring locations was 0.6% on the right and 2.8% on the left. Clearly the floor is not level. There are also large cracks in the concrete; with most of the cracks on the left (tree side) of the floor. Mr. Balletto informed me that permits for the original construction of the house (and I assume the garage) are dated in 1951. If the garage was built around that time, this would put the age of this structure at approximately 60 years old. I expect 60 -year old concrete to have some cracks in it simply due to normal soil expansion and contraction over years, combined with normal aging of the concrete. There are no expansion joints in the slab, so this would accelerate cracking of the pavement. In my opinion it is quite possible that tree roots, normal soil movement, concrete age and possibly construction materials and methods may all play a part in the condition of the garage. PO Box 3714, Saratoga, CA 95070. 408- 725 -1357, decah@pacbell.net. http: / /www.decoh.com. Page 3 of 7 The photo above shows the trunk and a portion of the lower branches of the oak from the east, looking west toward Peralta Avenue. One could say that the tree was planted too close to the garage, or the garage was built too close to the tree. The tree may be of natural growth; e.g. if was not planted. If the garage is in the 50 - 60 year age range however, it is possible that the tree is close to the same age and may have begun growing around the same time the garage was built. At that time the tree may have been a small seedling or sapling several feet from the garage wall. PO Box 3714, Saratoga, CA 95070. 408 -725 -1357. decah @pacbell.riet. htto: / /www decah cam Page 4 of 7 fsT:1,'£ +SF1�tl�t Consulting Arborist & Horticulturist Tree Statistics Species: Quercus agrifolia Common Name: coast live oak Trunk diameter at 3 feet above the ground: 38 inches Tree size (height x canopy spread , estimated): 50 x 40 feet Conditionz: Vigor: 85 Structure: 60 Preservation Suitability: Fair /Good Recommendations: 1. Saw cut and remove sections of damaged concrete near the tree, to look for tree roots underneath. If there are no tree roots associated with damaged areas, then the tree is not causing the damage. If roots are found, please call Deborah Ellis back to the site to assess and make further recommendations relative to the tree and garage. Areas where concrete has been removed can be patched, if the existing garage will remain as is. 2. Consult with a structural engineer regarding the condition of the garage, including the wall near the tree. The tree could be playing a part in the warping of this wall, but it could also be warping for other reasons that are not associated with the tree. 3. whether or not the tree is involved in the deterioration of the garage, the garage structure is not in good condition. Perhaps the existing garage could be removed and a new garage built farther from the tree. I recommend that any new garage or soil disturbance remain a minimum of 10 feet from the trunk of this large tree. '- Condition & Preservation Suitability Ratings: Trees are rated on their condition on a scale of zero to 100 with zero being a dead tree and 100 being a perfect or near - perfect tree (which rarely exists — like a supermodel in human terms). There are two components to tree condition — vigor and structure, and they are each rated separately. Averaging the components would not be useful because a very low rating for either component could be a good reason to remove a tree from a site -- even if the other component has a high rating. Numerically speaking, 100 is Excellent (an A' academic grade), 80 is Good (8), 60 is Fair(C), 40 is Poor(D), 20 is Unacceptable (F) and 0 is Dead. A "U" rating (Uncertain) for either vigor or structure means that the tree was deciduous or just starting to leaf out when evaluated, so I could not accurately estimate its vigor based on foliage characteristics. Condition of the tree is considered relative to the tree species and present or future use of the site to obtain the tree's Preservation SuitabilityRadng (Le, "Is this tree worth keeping on this site, in this location, if the tree could be provided with enough above and below ground space to survive and live a long life ?'�. Preservation suitability ratings are: None, Poor, Fair, Goodand Excellent. Fair /POorand Fair /Good are intermediate ratings. PO Box 3714, Saratoga, CA 95070. 408 -725 -1357. decah@pacbell.net. http: / /www.decoh.corn. Page 5 of 7 Deborah Ellis, MS Consulting Arborist & Horticulturist Serzice since 1984 Background Information: Prior to visiting the site I reviewed the following documents that you sent me regarding this case: • Rescission of Tree Removal Permit #T13 -070. June 4, 2013. Letter from Steven Regan, Maintenance Superintendent, Public Works Department, Town of Los Gatos to the owner of 36 Peralta Avenue (Mr. John Belletto). • Tree Report for Balletto Residence. Straun Edwards, Trees 360 Degrees. April 8, 2013 • Tree Removal Application and Permit (for the subject coast live oak tree) April 17, 2013 ® Tree Removal Permit - T13 -070. May 14, 2013. Form letter from Town of Los Gatos Public Works Department requesting verification of compliance with Tree Removal Permit's replacement tree requirement. Assumptions & Limitations 1) I conducted a basic evaluation of the subject oak tree on June 20, 2013. A basic tree evaluation is a visual evaluation of the tree from the ground, without climbing into the tree or performing detailed tests such as extensive digging, boring or removing samples. This is an initial screening of the tree after which the evaluator may recommend that additional, more detailed examination(s) be performed if deemed necessary. 2) The measures noted within this report are designed to assist in the protection and preservation of the subject oak tree mentioned herein, should this tree remain, and to help in its short and long term health and longevity. This is not however; a guarantee that this tree may not suddenly or eventually decline, fail, or die, for whatever reason. Because a significant portion of a tree's roots are usually far beyond its dripline, even trees that are well protected during construction often decline, fail or die. Because there may be hidden defects within the root system, trunk or branches of trees, it is possible that trees with no obvious defects can be subject to failure without warning. The current state of arboricultural science does not guarantee the accurate detection and prediction of tree defects and the risks associated with trees. There will always be some level of risk associated with trees, particularly large trees. It is impossible to guarantee the safety of any tree. Trees are unpredictable. 3) Loss or alteration of any part of this report invalidates the entire report. 4) Unless expressed otherwise: a) Information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection. PO Box 3714, Saratoga, CA 95070. 408 - 725 -1357, decah @pacbell.net, http: / /www.decah.com. Page 6 of 7 9-. Consulting Arborist & Hortieulturist Service since 7984 I certify that the information contained in this report is correct to the best of my knowledge, and that this report was prepared in good faith. Thank you for the opportunity to provide service again. Please call me if you have questions or if I can be of further assistance. Sincerely, �6�G OkL UL Deborah Ellis, MS. Consulting Arborist & Horticulturist Certified Professional Horticulturist #30022 ASCA Registered Consulting Arborist #305 I.S.A. Board Certified Master Arborist WE -4578 Enclosure (for tree owner): Keeping Native Calif. Oaks Healthy. Hagen. June 1990. California Department of Forestry & Fire Protection. Tree Notes #7. PC Box 3714, Saratoga, CA 45070. 408 - 725 -1357, decah@pacbell.net. http: / /www.decah.com. Page 7 of 7 This Page Intentionally Left Blank Deborah Ellis, MS Consulting Arborist & Horriculturisl Marni Moseley RECEIVED Town of Los Gatos, Community Development Department 110 E. Main Street Los Gatos, CA 95030 U� t4 b 0 " 4� " fit; ± uiFl i- 3 € OWN OF LOS G/-,,1 (),i July 22, 2013 PLACdNINIG DIVr SION 36 Peralta Avenue, coast live oak tree near rear (east) wall of garage Examination of removed damaged pavement, and oak tree roots beneath Dear Marni: On July 16, 2013 1 returned to the site to look at an area where the garage slab pavement had been cut and removed. This is the area where concrete lifting and cracking was most severe, as mentioned in my previous report dated June 20, 2013. A photo of the removed section of the floor, shaped, like an 'L' is below. Oak tree roots are visible below the previous concrete. PO Box 3714, Saratoga, CA 95070. 406- 725 -1357. decah @pocbell.net. http: / /www.decoh.com. Page 1 of 4 of Attachment 1 In the above two photos I have placed a chaining tool (red and white- striped probe, 15 inches long) on the largest root I saw, which was 6.5 inches in diameter where it emerged from the outside of the garage. This root continues growing downward after it enters the garage. It appears that this is the buttress root that originate at the base of the trunk of the tree as shown in the photo on page 2 of my June 20 report. There are many smaller branch roots associated with this large root, as well as additional roots up to 2 inches in diameter growing both above and below the visible portion of this root. It is quite obvious to me that roots from the adjacent coast live oak tree have caused damage (lifting and cracking) to the concrete slab garage floor. This is not surprising, because the base of the tree trunk is contacting the garage slab. I was surprised to find that the thickness of the concrete, in the area where it had been removed, was only about 4 inches. There does not seem to be any base rock material underneath the concrete. There is also no reinforcement within the concrete (such as wire mesh or rebar). PO Box 3714, Saratoga, CA 95070. 408 - 725 -1357. decah@pocbell.net. http: / /www.decoh.com. Page 2 of 4 Options for dealing with the oak tree /garage: 1) Remove the oak tree. If the existing garage is not repaired or rebuilt, then damage to the floor and adjacent wall of the garage will stop. A possible exception is that as roots from the tree decompose this may cause more settling in the concrete slab, which will result in sagging and possibly additional cracking. If the garage is rebuilt than all roots within the subgrade preparation area should be removed to avoid future settling. 2) Keep the oak tree carefully sever roots of the tree to a death of 3 feet install sturdy root barrier between tree trunk and aq rage. By a sturdy root barrier I mean a concrete footing 6 inches wide and 3 feet deep reinforced with 1/2 -inch diameter rebar. The existing garage wall and a portion of the concrete slab will need to be removed in order to do this because the tree trunk is contacting the garage wall and slab now. Practically, the garage would have to be rebuilt, or at least the wall facing the tree, plus a few feet of the portion of the concrete floor slab adjacent to this wall. The slab should be connected to the root barrier /slab perimeter footing. a) Potential consequences to the tree as a result of this treatment: i) The tree will die and will have to be removed anyway, within the next few months to several years. ii) The tree will fall over before it dies. When will this happen? No one can predict with certainty. It could happen within days of the root cutting or it could happen months or years afterward. The likely direction of fall will be away from the garage and toward the east neighbor's property. iii) In my opinion this is a very risky option and I do not recommend it. 3) Keep the oak tree carefully demolish the exisitna aaraae in order to protect the oak, construct a new garage far enough away from the oak so that there is no soil disturbance within a minimum distance of at least 10 feet from the trunk of the tree. This will mean that the garage will need to be farther than 10 feet from the trunk of the tree, to allow for necessary over - excavation beyond the garage foundation. 4) Keep the oak tree carefully demolish the exisitna garage in order to protect the oak construct a new aaraae with the floor ramped above the oak roots at least 2 feet from the trunk of the tree. The new garage slab will be suspended on piers with an air gap of at least 6 inches above the existing rots that are exposed after the current slab is removed. This is possible from an existing grade standpoint, as the garage is clearly below the elevation of the street. In fact, there is a linear drain grate garage door /driveway, that I assume was installed to intercept drainage water flowing into the garage. If this drainage water is not being discharged away from the garage, but instead is just collected in a sump below the grate (like a French drain) then this could increase soil moisture underneath the garage slab. This increase in soil moisture may have encouraged additional root growth underneath the slab. PO Box 3714, Saratoga, CA 95070. 408 -725 -1357. decah @pocbell.net. http'. / /www.decoh.com. Page 3 of 4 Deborah Ellis, MS Consulting Arborist & Horticulturist S'ercdce since 1984 5) Keep the oak tree carefully demolish the exisitng garage in order to Protect the oak construct a new garage at least 2 feet from the trunk of the tree Do no subarade excavation for the garage slab but intead preserve and protect large roots by placing a steel plate over the root(s). Concrete is then poured over these protected roots, with the concrete section being thinner where placed over the roots. Options such as a steel plate or section of PVC pipe allow the root to expand somewhat underneath or inside its protective covering before applying pressure to the concrete above; lifting or cracking it. The concrete section above the roots is thinner than normal, but there is some solid material (either steel or PVC plastic) between the root and the bottom of the slab. This should provide some extra strength and buy time, in terms of future pavement damage by roots. The City of Sunnyvale uses steel plates for some of their sidewalk repair projects. I have attached a paper that describes this methodm which might be adaptable for this project. Alternatively large sections of PVC pipe have been cut in half and placed over roots in order to provide a similar but lesser benefit If this type of construction is attempted, the large buttress root mentioned in the report (and simlar large roots) will not be cut in but instead will be retained and protected with either steel plates or PVC pipe. As part of the process geotectile fabric is also placed over the soil surface and remaining roots, base rock is placed over the fabric and the concrete slab is constructed on top of the base rock. In addition to being a support for the slab, the base rock is also used to fill in voids between roots. Additional tactics such as an extra -thick slab f8 inches) and frequent, deep expansion joints on a small square pattern will also reduce and delay concrete cracking. I am not attempting to provide a complete set of specifications or provide all of the details for the construction methodology because only a small section of the garage has been removed and I am not exactly sure what we are dealing with in terms of roots. But the goal with this type of construction is to preserve as many roots as possible and practical, with the most important priority being the larger roots. The owner may want to consult with a general contractor for additional advice on this type of construction, as well as pricing. I certify that the information contained in this report is correct to the best of my knowledge, and that this report was prepared in good faith. Thank you for the opportunity to provide service again. Please call me if you have questions or if I can be of further assistance. Sincerely, &Vm-L Ult'l., Deborah Ellis, MS. Consulting Arborist & Horticulturist Certified Professional Horticulturist #30022 ASCA Registered Consulting Arborist #305 I.S.A. Board Certified Master Arborist WE -4578 Enclosures: • 36 Peralto Avenue, cootds live oak tree near rear (east) wall of garage. D. Eeliis, June 20, 2013. • Preventing or Mitigating Infrastructure Damage - New Applications. Dunn. Western Arborist Magazine. Winter, 2008. PO Box 3714, Saratoga, CA 95070. 408 - 725 -1357. decah @pacbell.net. http: / /www.decah.com. Page 4 of 4 JAMES E. TOOTHMAN & ASSOCIATES James E. Toothman Attorneys At Law Rebekah J. Tumey 266 Los Gatos - Saratoga Road Los Gatos, California 95030 email: info @jet - law.com August 14, 2013 VIA E -MAIL & HAND DELIVERY Los Gatos Community Development Department Attn: Mami Moseley Associate Planner 110 E. Main Street Los Gatos, CA 95030 mmoseley @losgatosca.go Telephone (408)395 -6021 Facsimile(408)395 -6007 RECEIVED d;'ev i 2013 TOWN OF LO" GA OS PLANNING DIV SION Re: Balletto Property- 36 Peralta Avenue, Los Gatos, California 95030. Appeal Regarding Tree Removal Permit Revocation Dear Ms. Moseley, Please find enclosed, a report prepared by Barrie D. Coate from Barrie D. Coate and Associates in support of Mr. Balletto's appeal, currently set for a hearing on August 28, 2013 at 7:00 p.m., regarding the Town of Los Gatos revocation of the permit issued to Mr. Balletto to remove a tree on the above referenced property. If you should need any additional information, please contact me so that we may provide you with any further documents at your convenience. ly yours, ebekah J. Turney of Attachment I BARRIE D. COATE and ASSOCIATES Horlicutural Consultants 23535 Summit Road $1 Los Gatos, CA 95033 40813531052 RECOMMENDATION FOR TREE REMOVAL AT THE BALLETTO PROPERTY 36 PERALTA AVE LOS GATOS Prepared at the Request of: Jack Balletto 36 Peralta Ave Los Gatos CA 95030 jackballettoggrnail.com Copy: Rebecca Turney rturney@jet- law.com Site Visit by: Barrie D. Coate Consulting Arborist July 18, 2013 Job #06- 13 -063A RECOMMENDATION FOR TREE REMOVAL AT THE BALLETTO PROPERTY 36 PERALTA AVE LOS GATOS Assignment On July 18, 2013, I visited the property to examine the cause of pavement displacement in the garage. Summary Since there is a mature coast live oak tree immediately adjacent to the east side of the garage wall it seemed logical to look for roots from that tree which might be causing the displacement. The tree in question has a trunk diameter of 38.8 inches, a height of 45 feet and a branch spread of 60 feet east to west. It is approximately 40 -years old. The rapid growth (2 feet per year) of coast live oak in well drained clay loam soils like this often produces significant trees in a brief period. PREPARED BY: BARRIE D. COATE, CONSULTING ARBORIST JULY 18, 2013 RECOMMENDATION FOR TREE REMOVAL AT THE BALLETTO PROPERTY 36 PERALTA AVE LOS GATOS The trees structure is good if not excellent and its health is excellent. The tree is infested with ehrhom scale a minor insect which could easily enough be treated but I see no other disease or insect organisms that are significant. After removal of sections of the concrete slab in the area closest to the tree and soil excavation to 8 inches below soil surface grade it is obvious that the roots from this oak tree are causing the pavement displacement. This garage is approximately 20 feet in length and cracks are seen from the base of this tree to the west end of the garage. PREPARED BY: BARRIE D. COATE, CONSULTING ARBORIST JULY 18, 2013 RECOMMENDATION FOR TREE REMOVAL AT THE BALLETTO PROPERTY 36 PERALTA AVE LOS GATOS Considering the trees condition one would assume that the tree will continue to expand its root system and increase the damage done by that root. Conclusion Since the removal of this major buttress root and the other causal roots might make the tree unstable and since not removing those roots will obviously allow the roots to continue to expand and increase the level of damage they cause the only solution would seem to be removal of the tree. Respectfully submitted, A4LUI.IV Barrie D. Coate BDC /sl Encl.: Assumptions and Limiting Conditions PREPARED BY: BARRIE D. COATE, CONSULTING ARBORIST JULY 18, 2013 BARRIE D. COATE and ASSOCIATES 23535 Su mit Road Los Gatos, CA 9503 $$ Los Gatos, CA 95033 408/3531052 ASSUMPTIONS AND LIMITING CONDITIONS 1. Any legal description provided to the appraiser /consultant is assumed to be correct. No responsibility is assumed for matters legal in character nor in any opinion 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 subsequent written arrangements are made, including payment of an additional fee for services. 4. Loss or removal of any part of this report invalidates the entire appraisal /evaluation. 5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person(s) to whom it is addressed without written consent of this appraiser /consultant. 6. The report and the values expressed herein represent the opinion of the appraiser /consultant, 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. B. This report has been made in conformity with acceptable appraiser /evaluation /diagnostic reporting techniques and procedures, as recommended by The International Society of Arboriculture. 9. When applying any pesticide, fungicide, or herbicide, always follow label instructions. 10. No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by 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 state. We cannot take responsibility for any root defects which could only have been discovered by such an inspection. CONSULTING ARBORIST DISCLOSURE STATEMENT Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do no fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. Barrie D. Coate ISA Certified Arborist Horticultural Consultant RECOMMENDATION FOR TREE REMOVAL AT THE BALLETTO PROPERTY 36 PERALTA AVE LOS GATOS A root of 8 inches in diameter emerges from the base of the tree and travels directly under the garage foundation and under the garage concrete slab. Additional 2 to 3 inch diameter roots are encountered throughout the excavated area to 8 feet west u piacument are shown in the enclosed pictures. Discussion Removal of this buttress root and the other roots which are visible with the removal of the garage floor could make this tree unstable. Four buttress roots are visible at the base of the trunk of this tree and removal of this one would remove 25% of the trees support mechanism. This might or might not make the tree unstable but it would foolish to assume that it would be safe to remove that root considering the circumstances. or me buttress root but one of these roots is directed directly toward the crack that travels the full 20 foot length of the garage and the roots PREPARED BY: BARRIE D. COATE, CONSULTING ARBORIST JULY 18, 2013 This Page Intentionally Left Blank THIS NOTICE IS SENT TO ; VISE YOU THAT THE PLANNIi COMMISSION WILL HOLD A PUBLIC HEARING ON WEDNESDAY 'AUGUST 28 2013 AT 7 :00 P.M. IN THE COUNCIL CHAMBERS, 110 EAST MAIN STREET, LOS GATOS, TO CONSIDER: 16 Peralta Avenue -Tree Removal Permit T -13 -070. Appeal of a decision.by the' Community Development Director denying a Tree Rein Permit on property. ro zoned R -1:8.. AP' N 510 -42 -034. PROPERTY s Q VNERIAPPELLANT. John an Balletto. PROJECT PLANNER: Marni Moseley You received is no(lce becauseygy edher Side or own property S, P P rty close to the subject property. All files, plans, and technical rep6rts dorri:eming this matter are available for public review from 8 a.m: 1 p.m., Monday - Friday, in the Community Development Department, 110 E Main Street, (408) 354 -6874. The staff report to the Planning Commission on this matter is available for public review three days prior to the meeting in the Community Development Department (8 a.m. -1 p.m., M -F) and Town Clerk's Department (8 a.m: 5 p.m., M- F),110 E. Main Street; and Town Library (check Town's website for hours at www.losgatosca.gov), 100 Villa Avenue; and on the Town's website. All persons interested in this applicati n "are encouraged to appear at the public hearing and be heard. If anyone wishes to challenge the action* this application in court, they may be limited to raising only those issues they or anyone else raised at the public meeting described in Phis notice, or in written correspondence delivered to the Town at, or prior to, the public hearing. Mailed on or before August 16, 2013._. RECEVED AW 2 c 1I' 13 TOWN Or '-QOS l;ATO ail 13kg- ej i �n e �y a Ll f EXHIBIT 1 0 of Attachment 1 7013 Dear Los Gatos Panning Commission, There are basically 3 reasons we will stand before you on 8/28. The first two are bad policy and the third is a policy that needs to be written. 41. How many times have you had Los Gatans call or stop you on the street and say WHY was that beautiful healthy tree in my neighborhood cut down without notice to the neighborhood? Or a huge tree simply disappears in town with no process. Town Code recognizes the importance of trees to our community as follows: Sec. 29.10.0950. Intent. This division is adopted because the Town of Los Gatos is forested by Oak, Bay, Eucalyptus, Sycamore, Redwood, Pine and other trees, and contains individual trees of great beauty. The health and welfare of the citizens of the Town require that these trees be saved in order to preserve the scenic beauty of the Town, prevent erosion of topsoil, provide protection against flood hazards and risk of landslides, counteract pollutants in the air, maintain climatic balance and decrease wind velocities. Trees contribute significantly to the value of land in the Town. It is the intent of this division to regulate the removal of trees within the Town in order to retain as many trees as possible consistent with the purpose of this section and the reasonable use of private property. It is the intent of this division to preserve as many protected trees as possible throughout the Town through staff review and the development review process. This section does not supersede the provisions of division 26 of this Code. (emphasis added) In this case, the property owner felt that the live oak tree should come down due to a perceived structural problem. The applicant went to the Parks and Public Works Department and asked for a permit to remove the tree. PPW sent out the town arborist, who has no expertise on building structures, to make the determination whether or not the tree is endangering the structure. (See third picture below) #2. We don't understand how ANY owner of ANY tree in this town has the right to trim 1/3 of the tree, under the guise of pruning, even though the ordinance Sec. 29.10.0955 defines severe pruning as more than 25 %. (see the fourth picture below). #3. The absence of any way to protect our Heritage trees from the destructive policies above. FXHIBff 1 3 of Attachment 1 The age of the tree must be well over 100 years old, as evidenced by this picture of the tree in question, on the left, in 1945. This picture was given to me by Bill Wolf, life long Los Gatos resident and historian, as a gift when I bought the house, in the picture, 20 years ago. The picture was taken 68 years ago and the tree was obviously mature at the time. This tree is the physical embodiment of the term Heritage Oak. Today this tree is more important to the Glenridge neighborhood than ever. Glenridge has lost so many of the big trees, including the beautiful 100 yr. old Deodora Cedars that were planted by McCullough, the original owner of the area. These trees had been planted to insure continued tree cover for the development. The vulnerability of oak trees in general is yet another reason to keep as many of these magnificent trees alive and thriving. The previous owners spent over $10,000 to maintain and shape this particular tree. All the staff involved agrees that this tree is exceeding healthy. None of this was even considered when the tree removal company knocked on my door and suggested I move our cars because he was taking down this tree. IF I had not been home and the Glenridge neighbors had not reacted so quickly, with the help of the Dir. of PPW this tree and its history would have been cut to the ground. ..� .. \yam } \\ \ ..� .. This is the structure in question. as you can see the tree doesn't even touch the back of the garage. If you look at the garage interior pictures you will see there is no damage to the rear garage wall If you look at the picture of the garage floor, please keep in mind that was a concrete slab that sat in the backyard of 36 Peralta as a makeshift carport for years. The hump in that concrete could have been there long before the then owners enclosed the carport (approximately 20 years ago). The fact that the concrete required cutting to a considerable depth simply to expose ancillary roots makes obvious that the damage is not significant. The decision to cut a perfectly healthy historically significant Heritage Oak to the ground, on the "assumption" of an arborist with no expertise with building structures is a travesty. This is the tree as it stands today. When PPW stepped in and rescinded the permit the owners were told that they had the right to trim the tree 1/3. This is the devastating result.( Please scroll back to the tree as it was in picture #2.) In conclusion we hope you will consider the results of these poor policies and help us save this butchered tree from this appellants desire to take what's left to the ground. We also strongly suggest that the Town look to create a policy that protects the heritage trees from the arbitrary and uncontrolled 1 /3rd trim rule. Commissioners we will be in Ashland from 8/20 -8/26 but please feel free to go into our backyard at 45 Glenridge in order to see the greatest impact to the area. Note the" limbs" that have been cut off are larger in diameter than the diameter of trees we won't allow to be removed in LG. The appellant also refused to plant replacement trees and opted to pay a fee which goes to "planting trees in town ". So we basically sacrificed a majestic specimen Heritage Oak for a "fee to plant trees ". Thanks for what you do, see you on 8/28. Sandy and Gil Decker and the Glenridge neighborhood. CL CL IN 11 kqEm jJ ro IM o K4 at TOWN OF LOS GATOS a, n,t- a" 0 0 1< %!4 a.'0 ; Na - T. ei Z� 1275 Inspector's file No. & Impeow. PERMIT is herewith granted to Location 4— for in accordance with plans and speciEcations approved, and &'40'w' on fi-I–e in this office. Receipt for V as fee, is hereby acknowledged. Contactor THIS PERMIT MUST BE POSTED ON THE JOB ATTACM4ENT 2 eol 2C Cc C rD CL kqEm jJ ro IM o K4 at TOWN OF LOS GATOS a, n,t- a" 0 0 1< %!4 a.'0 ; Na - T. ei Z� 1275 Inspector's file No. & Impeow. PERMIT is herewith granted to Location 4— for in accordance with plans and speciEcations approved, and &'40'w' on fi-I–e in this office. Receipt for V as fee, is hereby acknowledged. 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N Y Y N [T N N Y N •. .N N W Y 'O W 1 N fL N O L N Y -N ✓ O•i O N 3 Y A T O T Y O a O O O .H O O U W 3 G H ro G d W U U b 3 m ro N O N N O N N m C N ❑ O U' N P A O U W ✓i Y L E N N m U C L N A N C N Y O > 3 O N m N Q O C Y ro b 'ti Y ON H ro O W •• H Y O O % 1 2 N Y -1 Y N N Y C 2 N N O N O w L a Y G G H Y T N O W N ✓ O• > W N Y C VI Y O '> -N N N 41 O 'O N W 'J „ N F ro w Z .i m L L F w H x 2 U C m m Y m N W O Y G O b L Y 3 Y W y W O C O O N m C N G H N N m C Y N O C H O 9 tT N N dt O D• W V) -N G N .N U W W O a N G 'N W •U Y N 3 G N m N N In N m c. a "i Y N G N > O N N N T N H W H H 3 O > a ✓ H0.' £ o v, .i m c m TJ u o aJi o N o m p % 4 U OU •-1 3 N N a H H N N m U U N L C m N b w C -H 3 Y F .N ro ro O m 'O E m 9 m G ro ✓ G L U m b i C O Y N N N Y 7 O N m C ? 4 > a ro m O m a m W F N O H m -H F O m O d m m H A 7 A O m ro U a m m 3 U 3 m ro L C H tv m e vi �o r m m o .1 N m a �n •n r m m o H iv m v n M 0 N m N \ Y m c C Z N O Q> m ro H Y £ H O N U N � w y �o H (n Q : w fi VI ✓ off w O N m N ro m G oam> m f� N H Y £ N O N U N N U 2 �G m y r r] � a � N O � U 0 N m ri N TOWN COUNCIL — December 2, 2013 REQUIRED FINDINGS FOR: 36 Peralta Avenue Tree Removal Permit T -13 -070 Appeal of a decision by the Director of Community Development denying a Tree Removal Permit on property zoned R -1:8. APN 510 -42 -034 APPLICANT /PROPERTY OWNER: Jack and Marni Balletto FINDINGS Required finding for CEQA: ■ The project is Categorically Exempt pursuant to Section 15304 of the State Environmental Guidelines as adopted by the Town. Required standards of review for a Tree Removal Application: ■ As required by Section 29.10.0990 of the Town Code for granting approval of a Tree Removal Application: Each application for a tree removal permit required by this division shall be reviewed using the following criteria: (1) The condition of the tree or trees with respect to disease, imminent danger of falling or structural failure, proximity to existing or proposed structures based on a report from a certified arborist, structural damage to a building or a public nuisance caused by a tree. The danger of falling or failure shall be rated using the ISA Tree Hazard Rating Form or an approved equivalent. (2) The condition of the tree giving rise to the permit application cannot be reduced to a less than significant level by the reasonable application of preservation, preventative measures or routine maintenance. (3) The removal of the tree(s) will not result in a density of trees or tree cover that is inconsistent with the neighborhood. (4) The number of trees the particular parcel can adequately support according to good urban forestry practices, or whether a protected tree is a detriment to or crowding another protected tree. (5) In connection with a proposed subdivision of land into two (2) or more parcels, no protected tree shall be removed unless removal is unavoidable due to restricted access to the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.) The tree removed shall be replaced in accordance with the standards in section 29.10.0985 of this Code. Tree preservation and protection measures for any lot that is created by a proposed subdivision of land shall comply with the regulations of this Code. ATTACHMENT S 36 Peralta Avenue/T -13 -070 December 2, 2013 Page 2 of 2 (6) The retention of a protected tree would result in reduction of the otherwise - permissible building envelope by more than twenty -five (25) percent. In such a case, the removal shall be conditioned upon replacement in accordance with the standards in section 29.10.0985 of this Code. (7) The Hillside Development Standards and Guidelines, current version. (8) Removal of the protected tree(s) will not result in a substantial adverse change in the site's aesthetic and biological significance; the topography of the land and the effect of the removal of the tree on erosion, soil retention, or diversion or increased flow of surface waters. (9) Whether the Protected Tree has a significant impact on the property. N: \DEV \FINDINGS\2013\36 Pemita -tree appml.dm RESOLUTION 2013- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING THE APPEAL OF A PLANNING COMMISSION DECISION DENYING THE APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION DENYING APPROVAL OF A TREE REMOVAL PERMIT ON PROPERTY ZONED R -1:8 APN: 510 -42 -034 TREE REMOVAL PERMIT APPLICATION: T13 -070 PROPERTY LOCATION: 36 PERALTA AVENUE PROPERTY OWNER: JACK AND MARNI BALLETTO APPLICANT /APPELLANT: JACK AND MARNI BALLETTO WHEREAS, this matter came before the Town Council for public hearing on December 2, 2013, and was regularly noticed in conformance with State and Town law; and WHEREAS, the applicant seeks approval of an appeal of the Planning Commission's decision denying an appeal of the Community Development Director's decision denying a tree removal permit on property zoned R -1:8; and WHEREAS, on August 28, 2013, the Planning Commission considered the appeal of the decision of the Community Development Director denying a tree removal permit on property zoned R -1:8. The Commission denied the appeal; and WHEREAS, the appellant filed an appeal of the Planning Commission action on September 9, 2013, during the 10 -day appeal period; and WHEREAS, Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated November 20, ATTACHMENT 4 2013, along with any and all subsequent reports and materials prepared concerning this application; "IT41 WHEREAS, Council finds as follows: 1. Pursuant to Town Code Section 29.10.0990, the evidence and justification provided are not sufficient to support removal of a tree of this size and condition. This finding is based on the evidence presented in the Council Agenda Report dated November 20, 2013, and the testimony and documentary evidence received from the applicant. NOW, THEREFORE, BE IT RESOLVED THAT the appeal of a Planning Commission decision appealing the Community Development Director's decision denying tree removal permit T13 -070 is denied. NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED, that the decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of December 2013, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: 0=11 k SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N: \DEV \RESOS\2013 \Deny_36 Pmlta -tree appe Ldocx This Page Intentionally Left Blank RESOLUTION 2013- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF A PLANNING COMMISSION DECISION DENYING THE APPEAL THE APPEAL OF A PLANNING COMMISSION DECISION DENYING THE APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION DENYING APPROVAL OF A TREE REMOVAL PERMIT ON PROPERTY ZONED R -1:8 APN: 510 -42 -034 TREE REMOVAL PERMIT APPLICATION: T13 -070 PROPERTY LOCATION: 36 PERALTA AVENUE PROPERTY OWNER: JACK AND MARNI BALLETTO APPLICANT /APPELLANT: JACK AND MARNI BALLETTO WHEREAS, this matter came before the Town Council for public hearing on December 2, 2013, and was regularly noticed in conformance with State and Town law; and WHEREAS, the applicant seeks approval of an appeal of the Planning Commission's decision denying an appeal of the Community Development Director's decision denying a tree removal permit on property zoned R -1:8; and WHEREAS, on August 28, 2013, the Planning Commission considered the appeal of the decision of the Community Development Director denying a tree removal permit on property zoned R -1:8. The Commission denied the appeal; and WHEREAS, the appellant filed an appeal of the Planning Commission action on September 9, 2013, during the 10 -day appeal period; and WHEREAS, Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated November ATTACRMENT 5 20, 2013, along with any and all subsequent reports and materials prepared concerning this application; and WHEREAS, Council finds as follows: 1. Pursuant to Town Code Section 29.10.0990, the proximity of the tree to the detached garage and the evidence confirming structural impacts to the integrity of the garage floor and walls support removal of the tree. This finding is based on the evidence presented in the Council Agenda Report dated November 20, 2013, and the testimony and documentary evidence received from the applicant. 2. The project is categorically exempt from environmental review pursuant to Section 15304 of the State Environmental Guidelines as adopted by the Town. NOW, THEREFORE, BE IT RESOLVED THAT the tree removal permit application T13 -070 is granted. BE IT FURTHER RESOLVED THAT the Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval for this permit. NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED, the decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2 "a day of December 2013, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N: \DEV \RESOS\2013\Approve_36 Peralta -tree appea1.docx This Page Intentionally Left Blank CONDITIONS OF APPROVAL — December 2, 2013 36 Peralta Avenue Tree Removal Permit T13 -070 Appeal of a decision by the Director of Community Development denying a Tree Removal Permit on property zoned R -1:8. APN 510 -42 -034 APPLICANT /PROPERTY OWNER: Jack and Marni Balletto TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below. 2. EXPIRATION: The Tree Removal Application approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. REPLACEMENT TREES. Replacement trees shall be planted for trees being removed. The number and size of new trees shall be determined by the Town Arborist using the canopy replacement table in the Town's Tree Protection Ordinance. Required trees shall be planted within 60 days of tree removal. 4. TREE STAKING. All newly planted trees shall be double - staked using rubber tree ties. 5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. N:\DEV \C0NDITNS\2013\36 Peralta -tree appeal.doc F"TBIT A of Attachment 5 This Page Intentionally Left Blank WI IZI -01 $343.00 Residential $076:00 per Commercial, Multi- family or Tentative Map Appeal DATE OF PLANNING COMMISSION PROJECT / APPLICATION NO: ADDRESS LOCATION: Town of Li/ _ Gatos Office of the Town Clerk 110 E. Main St., Los Gatos CA 95030 APPEAL OF PLANNING COMMISSION DECISION 2 1, the undersigned, do hereby appeal a decision of th g @nr@sic@ aw n follows: (PLEASE TYPE OR PRINT NEATLY) I I �N: 6 0/-31 SEP 92m U TOWN OF LOS GAT Pursuant to the Town Code, the Town Council may only grant an appeal of a Planning Commission debisien -in WM IT&I Council finds that one of three (3) reasons exist for granting the appeal by a vote of at least three (3) Council members. Therefore, please specify how one of those reasons exists in the appeal; 1. The Planning Commission erred or abused its discretion because WA 2. There is new information that was not reasonably available at the time of the Planning Commission decision, which is (please attach the new information if possible): OR 3. The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the Town IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL SHEETS. IMPORTANT: L Appellant is responsible for fees for transcription of minutes. A $500.00 deposit is required at the time of filing. 2. Appeal must be filed within ten (10) calendar days of Planning Commission Decision accompanied by the required filing fee. Deadline is 5:00 p.m. on the ]01° day following the decision. If the 10d day is a Saturday, Sunday, or Town holiday, then it may be filed on the workday immediately following the 10" day, usually a Monday. 3. The Town Cleric will set the hearing within 56 days of the date of the Planning Commission Decision (Town Ordinance No. 1967) 4. An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in the Zoning or Subdivision Code, as applicable, which is different from other appeals. 5. Once filed, the appeal will be heard by the Town Council, 6. If the reason for granting an appeal is the receipt of new information, the app . ti� ill yg8ally bq mine t e Planning Commission for recoilssidwtion. � /i�l 7. PRINT DATE: PHONE; OFFICL&L USE ONLY Pending Planning Department Confirmation DATE TO SEND PUBLICATION: CONFIRMATION LETTER SENT: Date: TO APPLICANT & APPELLANT BY: DATE OF PUBLICATION: S('P &(S V -A-\\s On oc4obe -V4 atLL avA�taL�kk� h ���r�� dc�e� ct� iu��t f", 10)at,. ATTACHMENT 6 APPEAL OF PLANNING COMMISSION DECISION — T13.070 The Planning Commission erred or abused its discretion because the decision to deny the appeal was: 1. Contrary to all the evidence submitted including the staff report that recommended approval of the appeal. 2. Based on evidence not contained in the record. 3. Contrary to each of the three certified arborists' recommendations, including that of the consulting arborist hired by the Town of Los Gatos, who testified in favor of granting the appeal. 4. Unsupported by the four reasons stated in the letter from Steve Regan, Maintenance Superintendent, rescinding the tree removal permit that had been granted. 5. Unduly influenced by incorrect statements made by members of the public. EXPLANATION: 1. The Staff Report is complete and self - explanatory. 2. The Planning Commission abused its discretion in that it had before it the option of granting or denying the appeal based on whether or not the tree should be removed. There was no evidence regarding the options to replace or move the garage. In spite of this lack of evidence, the Commission's discussion focused on the structure, not the tree. Had the Commission considered the inevitable expansion of the roots, it would have had to conclude that there was no alternative but to remove the tree. As Barrie Coates' Report states in the conclusion, "Since the removal of this major buttress root and the other causal roots might make the tree unstable and since not removing those roots will obviously allow the roots to continue to expand and increase the level of damage they cause the only solution would seem to be removal of the tree." Barrie Coates has indicated the root system is typically 50% beyond the canopy of the tree; therefore, the root system is already approximately 15 feet down the driveway. Addendum A is the testimony of the Commission that supports the fact that the majority based its decision on conjecture, not on evidence that was before the Commission. 3. The three certified arborists and the dates of their four reports are: a. Straun Edwards, Trees 360 Degrees, Report dated April 8, 2013. b. Deborah Ellis, MS, Consulting Arborist for the Town of Los Gatos, Report dated June 20, 2013. c. Deborah Ellis, MS, Consulting Arborist for the Town of Los Gatos, Report dated July 22, 2013. d. Barrie D. Coate, Consulting Arborist, Report dated July 18, 2013 �A 4. The Town arborist, Rob Moulden, granted the Permit on 4117/13 allowing the removal of the tree "per arborist report" [referring to Straun Edward's Report]. The Maintenance Superintendent subsequently rescinded the Permit. He did not have a basis on which to do so. None of the four reasons stated in his letter dated June 4, 2013 support rescission. Numbers 1 and 3 are basically the same: [1) "The arborist report states the tree appears to be healthy and has good structure" —and- [3) "The tree seems to be well balanced and has a slight lean away from the detached structure." These are not bases for rescission of a tree removal permit that had been granted pursuant to Section 29.10.0990. That section states that "Each application for a tree removal permit required by this division shall be reviewed using the following criteria: # 9: "Whether the Protected Tree has a significant impact on the property." Appellants acknowledge that the tree is healthy. They contend that it has a significant impact on their property, and that contention is supported by the staff report and all arborists' reports. Number 2 in Mr. Regan's letter states that the permit was rescinded because "The slight bend in the wall stated in the arborist report is not clearly represented in the photographs attached to the report." Number 4 states: "Separation and/or cracks in the concrete floor are apparent in the photographs however, there is not conclusive evidence that the cracks in the floor were caused by the tree roots. Without removing cracked areas of the floor, the findings in the report are speculative." Appellants, subsequent to receipt of Mr. Regan's letter, bad a portion of the concrete removed in the garage and then hired Barrie D. Coate, a well- respected consulting arborist, to examine the evidence. Mr. Coate's report, dated July 18, 2013 (Exhibit 9 to the Staff Report and attached as Addendum B here) concluded: "After removal of sections of the concrete slab in the area closest to the tree and soil excavation to 8 inches below soil surface grade it is obvious that the roots from this oak tree are causing the pavement displacement." On July 22, 2013, the Town's consulting arborist, Deborah Ellis, revisited the property. She concludes in her second report: "It is quite obvious to me that roots from the adjacent coast live oak tree have caused damage (lifting and cracking) to the concrete slab garage floor." At the hearing, Ms. Ellis testified, "Without re- reading my entire second report, I can say with reasonable certainty that it appears that that large buttress root that is entering beneath the slab is causing the damage to that slab." The original arborist's report by Straun Edwards, dated April 8, 2013, states, "I have been observing the growth of this tree over the last five years. Previously to this date, there was [sic] 2 -3 inches of space between trunk and structure, the trunk flare at base is now in contact and causing a slight bend in the wall." This indicates the rapid growth of this tree and provides support for the impact of the tree on the wall of the garage. Deborah Ellis stated in her testimony at the Planning Commission: "Often times a tree will put on a growth spurt and can cause quite a bit of damage in a very short amount of time — even one or two growing seasons. If a tree has access to resources and it's able to grow, then it will. Roots will put on diameter growth." 5. Two serious misrepresentations were made by the public at the hearing. One was that the applicant had severely trimmed the tree beyond the percentage permitted by the Ordinance, and a second was that the garage was perhaps unpermitted. The applicant trimmed the tree after the rescission of the tree removal permit. At the time of the trimming, the town arborist was present and personally approved the removal of each limb. The trimming was well within the 25% range permitted by the code. In addition, it was all above the roof of the garage so it had no impact on the damage being caused. The testimony that the "tree has been severely cut by the applicant" and the innuendo that it was done without authorization is completely false. As stated in the Staff Report, "It should be noted that subsequent to the denial of the tree removal permit, the applicant trimmed the tree, within the limits permitted by Town Code, altering the tree aesthetically and structurally." [Emphasis added.] Second, a member of the public stated that he had obtained the permit for the structure, and he had concluded that it was a permit for a carport and not a garage and that therefore the structure was unpermitted. The staff [Marro Moseley] explained the permit status as follows: "Permits back in the 50s [were] a little different than you see today. The permit was for a carport or a garage — for either structure at that time.... It was the same permit for either structure at that time." Barrie Coates' Report is attached as Addendum B. Respectfully submitted, 3 F� 1 ADDENDUM A The following testimony indicates that the planning Commission based its decision on evidence not contained in the record.' Commissioner O'Donnell [who voted in favor of granting the appeal] stated: "The only testimony we have from credible witnesses, that is to say in this case experts — is that there is no question that the roots are causing the damage. Now even if you believe certain things could be done that might defer further damages, that is not in our purview. It seems to me we either have to find evidence that the recommendation of the staff is not supported by the evidence or it is. And if it is, and I've heard no evidence to the contrary, then we have to grant the appeal." Commissioner Bourgeois [who voted against granting the appeal] relied on Section 2 of the Standards of Review which states, "The condition of the tree giving rise to the permit application cannot be reduced to a less than significant level by the reasonable application of preservation, preventative measures or routine maintenance." Commissioner Bourgeois contended that "The definition of `reasonable' needs to be proportionate to the tree so what we may do for a 12" diameter oak tree and would consider reasonable may not be the same for a tree of this significance ....I would have trouble granting the appeal because I'm not sure that I can say there is not a reasonable application that can be attempted to preserve the tree." Commissioner O'Donnell responded: "...There is no evidence in the record to suggest what that reasonable alternative or methodology would be. And therefore what you have before you to make a decision basically would be what's in the record..... I find nothing in the record that says there is anything they can do besides our guessing. We have no cost data. The evidence we've heard on moving the garage sounds like it's pretty infeasible. So if the measure we must have for every case that comes before us when a house is being damaged or a garage is being damaged is to make a proportional judgment as to the size of the tree versus the cost of its remediation, there is nothing in the record nor were any questions asked about that, so the record... it seems to me if you base your decision on this record, there's nothing there. After additional discussion, Commissioner Bourgeois states: "I concur with Commissioner O'Donnell's comments that we don't have costs, ... so we don't have i The quoted testimony can be compared to the transcript of the hearing but is essentially accurate based on listening to the hearing on the website. Slight variations may occur when the testimony is transcribed. L something to compare we don't know how reasonable a preservation ...would be. We've granted exceptions to setbacks for much less than a tree of this significance ..... if they wanted to move the garage two feet to save this tree twe would support this]. I going to move to deny the appeal based on the fact that I can't make the finding under Section 29.10.0990 that we've been given enough evidence to understand whether or not there is a reasonable application of preservation for the options that have been presented in the various arborists' reports we've been given. It is obvious that the majority of the Planning Commission did not base the decision to deny the appeal on the evidence before it. Instead, it denied the appeal based on its own supposition that there were perhaps alternatives that would allow the tree to be preserved. A � _ BARRIE D. COATE and ASSOCIATES "O"W"" Caw"OT5 23535S®nmit Roed 1 Qs cows. CA 95033 4OM53 -1052 RECOMMENDATION FOR TREE REMOVAL AT THE BALLETTO PROPERTY 36 PERALTA AVE LOS GATOS Prepared at the Request of Jack Bailetto 36 PeraltaAve Los Gatos CA 95030 jackballetto.o@l rmail.com Copy: Rebecca 3yrney rturney:)jet- aw.com Site Visit by: Barrie D. Coate Consulting Arborist July 18,'2013 Job #06- 13 -063A �, a W RECOMMENDATION FOR TREE REMOVAL AT THE BALLETTO PROPERTY 36 PERALTA AVE LOS GATOS Aasigument On July 18, 2013, I visited the property to examine the cause of pavement displacement in the garage_ Summary Since there is a mature coast live oak tree immediately adjacent to the east side of the garage wall it seemed logical to look for roots from that tree which might be causing the displacement. The tree in question has a trunk diameter of 38.8 inches, a height of 45 feet and a branch spread of 60 feet east to west. it is approximately 40 -years old. The rapid growth (2 feet per year) of coast live oak in well drained clay loam soils like this often produces significant trees in a brief period. PREPARED BY:, BARRIE D. COATE, CONSULTING ARBORIST IDLY 16, 2013 »« «�� \ /d�� ��37 «.?\ \� // �' "� � _ <: ����� / \ }�/ � i \{ \� � /� d� �� � � ! � �7 }�� «. /��� .�. -, -� .�. ±� \ ©� � � � :� » - ��d2� � y �&�� / �« y� \y \ \� :�� : .��ey >.:.. : , �� .�� � «:r � � m. � » a .� �ƒ: »2> ` .. :»� ��. ?% y m / :«z� ) �� \`�� \� \ ,� x�� �� < ����§� //\ .2�� �� - � � � 2» \�: ��/ . %��y � 27/��� %,� ?2 :�f2 <: -�i "�. �a �. � _; °� .� y � ,.: f •, � �„ � � ��.� DAME D. COATE and ASSOCIATES Hake lCoors -^ zssssso,aakaoad LAa Gm .CAeSM 40MS&t M ASSUMPTIONS AND LIMITING CONDITIONS I- Any legal description provided to the appraiser /consultant Is assumed to be correct No responsibility Is assumed for matters legal in character nor In any opinion rendered as to the quality of any title. 2. The appraiser /aonsuttant 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 subsequent written arrangements are made, including payment of an additional fee for services. 4. Loss or removal of any part of this report Invalidates the entire appraisal /evaluation. S. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the personas) to whom It is addressed without written consent of this appraiser / consukent. 6. The report and the values expressed herein represent the opinion of the appraiser /consultant, 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 6s 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 appraiser /evaluation /dlagnosdc reporting techniques and procedures, as recommended by The International Society of Arboriculture. 9. When applying any pesticide, fungicide, or herbicide, always follow label instructions. 10. No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by climbing. A fug root collar inspection, consisting of excavating the soil around the tree to uncoverthe root collar and major buttress roots, was not performed, unless otherwise state. We cannot take responsibility for any root defects which could only have been discovered by such an Inspection. CONSULTING ARRORaT DISCLOSURE STATEMENT Arborists are tree specialists who use their education, knowledge, fining, and experience to examine pees, recommend measures to enhance the beauty and health of trees, and attempt tfreduce risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do no fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. rl •� Rarrie D. Coate ISA Certified Arborist Horticultural Consultant This Page Intentionally Left Blank To: Los Gatos Town CoundI From: ,tack and Marni Balletto Date: November 4, 2013 -•1 i 9 RECEIVED ?3t3 TOWN OF LO: GATOS PLANNING DIVISION At the planning meeting of August 28, therewas great concern asto the timing and motives behind our decision to prunethe Peralta oak tree in lily, six weeks before the meeting. This chronology isto addressthat issue and hopefully you will see that the only motive was personal safety. Before setting forth the chronology, some background may be helpful. Marni and I are native Californians: Shewas born in Burbank and I was born in San Francisco. I cameto SantaaaraCounty in 1958 to attend Santatiara University where I ultimately received engineering degrees. Marni moved here in 1963 and went to work at Lockheed Missilesand Spacewherewe met, and in 1965 wewere married. We have three daughters, two born at Cood Sam after we moved to Los Gatos in 1975. We have lived in the LGV Saratoga area since then. After Lockheed, I joined Fairchild Semiconductor in the60sand have been involved in the "chip" business since that time, as a co- founder of two companies, and recently as an angel investor /board member. I first set up an office in LGin 1979 and for 28 of the intervening 34 years have maintained my office inthetown.I am now in the Park Vista Building at 2 N. Santa Cruz Ave managing six LLO; committed to high -tech. The point is, we are NOT newcomers and in fact came to this area when it was still known as The Valley of the Hearts Delight. We love aalifornia and we love Los Gatos and totally appreciate the job that this and previous town councils have done in keeping LGaspecial placefor all of itscitizens now and in thefuture. Wealso love our current residence. May 13,2013: Bal lettos receive Tree Removal Permit [T13 -070] after on- site inspection by town arborist Rob Moulden and Trees360 owner Stran Edwards, a certified local arborist. 2. May 28, 2013: Trees 360 owner Edwards arrives at Peralta sitefor tree removal and asks Balletto if he can use driveway on the other side of back fence to minimize potential damage. Balletto says to first get permission of neighbor Decker. Edwards asks Decker who immediately calls Town ATTACHMENT 7 Manager's off ice to complain. Rob Moulden arrives within 10 minutes and after a private side conversation with Edwards and Decker on the Peralta property, Edwards sends his crew home. Moulden agrees that the permit is valid but asks Balletto to wait until May 31 until his boss, Steve Regan, returns. Balletto agrees to wait. May 31 Regan has not yet returned. Asa good neighbor, Balletto agrees to wait again, thistime until Monday Jane 3. 3. Jane3: Without even seeing the property, or meetingwith Balletto, Regan calis Balletto and says, "We are thinking of rescinding the permit" 4. Jane4: Regan rescinds the permit with the only substantive issue being: ".. not conclusive evidence that the cracks in the floor were caused by tree roots. Without removing cracked areas of the floor, the findings are speculative." 5. Jane20: Town consulting arborist Deborah Ellisvisits Peralta and asks that portions of the concrete slab be removed in order to confirm that the roots are causing the damage. Ms. Ellis also notes that the rear wall of the garage is warped vertically and horizontally, possibly caused by thetree's proximity and growth. Balletto commissions slab demolition of about 30 square feet. 6. Jaly 8: Balletto hires Barrie Coate for an independent report. Wediscuss the recent tragedies related to the uncertainty of oak tree health. [See below for description of tragedies.] He points out that two of the branches in the canopy at Peraltacould be potentially dangerous because of all the weight at the perimeter. Mr. Coateexplained that there will never be 100% certainty that limbs will break but that the potential wasthere. Asamember of La Rinconada OC I have seen and heard plenty of oak trees fall. Also this tree is no more than 15 feet from my bedroom. The planning meeting was still 6 weeks away so I decideto prunethetree in order to reducethe potential for breakage. 7. Jily 9: Bal letto contracts with Anderson Tree Care Specialists to prune the tree. LGarborist Moulden is again summoned and observes the process to assure compliance with Los Gatos regulations. He approves the removal of each limb or branch as each cut is being considered. 8. Jily 16: The town's consulting arborist, Deborah Blis returnsto examine the garage excavation. In her report, she observes: "It is now quite obvious tome that roots from the adjacent I ive oak tree have caused damage (lifting and cracking) to the concrete slab floor" Ellis suggests several structural changes to the garage to save the tree. BothCoateandEllisagreethat severing the buttress root that goes under the garage is NOT recommended sincethat might potentially kill thetree. 9. August 28: The Planning Commission denies the motion to overturn the rescission of the original permit [T13 -070]. ADDITIONAL STEPSTAKEN SI NCE THE PLANNI NG COMMI SSI ON MEETING In spite of our contention that we did not need to obtain additional evidence since the Planning Commission based its decision on evidence not contained in the record, we hired a local building contractor to generate site plansfor various re- configurations of the garage. This was done solely in an attempt to address the extraneous concerns raised by the Planning Commission. Each of the alternatives is extremely expensive. SAFETYCONCERNS 1. .lane 2:60 ft/ 100 year old coast live oak collapses in Willow den's __-Bramhall Park. Destroys six cars and] njures two people. - "Probabiythe oldest live oak in San bse." City arborist, Ralph Mize cannot explain why a "seemingly healthy tree" would fall. Maybefrom "summer limb drop" caused by an "excess weight of the canopy." "A freak accident." See attachments and 2. Also I have i Phone videos f rom lane 3. 2. lily 3: "A 70 foot oak tree crashed down on a campfirecircle" at Camp Tawonga killing a 21 -year old counselor from UCSanta Cruz and injuring 4 others. "Trees break, itsjust nature. Basically it wasjust afreak accident. Even to look at the existing tree trunk, there is still nothing wrong." See attachment 3. 3. In September, we hired Barrie Coate to do a core aging test and he concluded the tree i s 132 years old, whi ch enhances the "potenti al I dangerous" nature and rai ses our safety concerns, esped ad I s nce the tree is only 15 feet f rom our bedroom. Thank you for taking this information into consideration. �A"�I— 1 7 sE A o.r ..G blDj mzf'ci is w d v LL My, $ymwaii''t� m-a° a S �•rs - , �o9�a nro Q7 R 3md�nn�y� ?u m ul bD- °m`a ouW a° typ. -•. d,x 'a y H m��$3� °�monmms rJl m Ho�'�o r► I M ESTIMATE Submitted October 15, 2013 for the following residential plans: PO Box 8501 San Jose, CA 95155 408 - 404 -0940 License #971208 www.ozcustomhomes.com Balletto Residence, Garage Repairs OPTION 1: GARAGE TO REMAIN IN SAME LOCATION, WITH TREE PROTECTION SCOPE OF WORK We propose hereby to furnish all material and labor necessary forthe following: DEMOLITION Demo existing garage structure and concrete slab. Remove all debris from site, sorting all recyclable materials whenever possible. Following the consulting arborist's recommended procedures, excavate for a new slab perimeter footing in the same location. CONCRETE Form and pour a new concrete slab foundation, with a perimeter footing and stemwall. Following the consulting arborist's recommendations, provide 1/2" thick steel channels, wherever necessary, to be laid inline with the slab's rebar grid, on all tree roots 3" or larger in diameter. Provide an 8" foam padding where the oak tree's buttress root is protruding through the garage footprint. Remove /repair or replace existing walkways that surround the garage, with a stamped concrete "brick" pattern to match the home's existing walkway patterns. WINDOWS AND DOORS Provide and install new windows, side door and garage door, per plan details. FRAMING Frame new exterior walls and roof for new garage plan, including all lumber and hardware. ROOFING Install 30 -year composition roofing, with TechShield radiant barrier sheathing underneath. ELECTRICAL Provide new electrical service to the garage, per building plan details. EXTERIOR PAINT Apply 2 coats of paint, per owner's selection, to all interior and exterior garage areas. SHEETROCK Supply and install 5/8" fire -rated drywall on the garage's exterior walls, to provide a 1 -hour fire - rated building envelope. Supply and install 112" drywall throughout remodeled area walls. Finish all wall surfaces with texture to the home's existing pattern. ROOFING Install 30 -year composition roofing, with TechShield radiant barrier sheathing underneath. TRIM Trim interior and exterior areas of the garage with paint -grade wood trim as necessary, to match the home's existing patterns. Install 1 -hour fire -rated cedar shingles, to match the home's existing exterior cladding details. PERMITS + PLANNING Contract with structural engineer and draftsman services, to prepare a complete set of building plans for submittal to the Town of Los Gatos. Build all project details to meet or exceed local and state building codes, and coordinate inspections with the Town of Los Gatos through final sign -off. PROJECT TOTAL: $58,388 EXCLUSIONS Items excluded or not addressed in this proposal include: Any hidden structural, pest, water, mold or other damages to the home that require repair or modification. Though every precaution will be taken to protect the large oak tree that is compromising the garage, Owner must agree to hold Contractor harmless for any damages incurred throughout the course of construction and thereafter. This estimate is for preliminary cost estimating purposes only. Prior to contract acceptance, contractor will require a submitted and approved set of plans to review. This Page Intentionally Left Blank qWOHwoisnDzo M4 V3,sotvo Sol 3nN3AV V.Ll% f8.3d 9E GulV'L-J43433WoJ - 7 / /(/ -. _�� \ { | r, mil � ` \ \ I � � / 5 This Page Intentionally Left Blank ESTIMATE Submitted October 15, 2013 for the following residential plans: Balletto Residence, Garage Repairs OPTION 2: GARAGE TO MOVE FORWARD 3' SCOPE OF WORK PO Box 8501 San Jose, CA 95155 408 - 404 -0940 License #971208 www.ozcustomhomes.com We propose hereby to furnish all material and labor necessary for the following: DEMOLITION Demo existing garage structure and concrete slab. Remove all debris from site, sorting all recyclable materials whenever possible. Excavate for a new slab perimeter footing, per plan details, at a new site location that maintains a 3' wide clearance for access to the rear yard. CONCRETE Form and pour a new concrete slab foundation, with a perimeter footing and stemwall. Remove /repair or replace existing walkways that surround the garage, with a stamped concrete "brick" pattern to match the home's existing walkway patterns. Provide new driveway channel drain to capture runoff, and connect to the existing drainage system on site. WINDOWS AND DOORS Provide and install new windows, side door and garage door, per plan details. FRAMING Frame new exterior walls and roof for new garage plan, including all lumber and hardware. ROOFING Install 30 -year composition roofing, with TechShield radiant barrier sheathing underneath. ELECTRICAL Provide new electrical service to the garage, per building plan details. EXTERIOR PAINT Apply 2 coats of paint, per owner's selection, to all interior and exterior garage areas. SHEETROCK Supply and install 5/8" fire -rated drywall on the garage's exterior walls, to provide a 1 -hour fire- rated building envelope. Supply and install 1/2" drywall throughout remodeled area walls. Finish all wall surfaces with texture to the home's existing pattern. ROOFING Install 30 -year composition roofing, with TechShield radiant barrier sheathing underneath. TRIM Trim interior and exterior areas of the garage with paint -grade wood trim as necessary, to match the home's existing patterns. Install 1 -hour fire -rated cedar shingles, to match the home's existing exterior cladding details. PERMITS + PLANNING Contract with structural engineer and draftsman services, to prepare a complete set of building plans for submittal to the Town of Los Gatos. Build all project details to meet or exceed local and state building codes, and coordinate inspections with the Town of Los Gatos through final sign -off. PROJECT TOTAL: EXCLUSIONS Items excluded or not addressed in this proposal include: Any hidden structural, pest, water, mold or other damages to the home that require repair or modification. Though every precaution will be taken to protect the large oak tree that is compromising the garage, Owner must agree to hold Contractor harmless for any damages incurred throughout the course of construction and thereafter. This estimate is for preliminary cost estimating purposes only. Prior to contract acceptance, contractor will require a submitted and approved set of plans to review. 3 This Page Intentionally Left Blank | � _ I� ) R ) - »_,m __� __ b cli ƒ �ma■ )§ — - - -- ! f� ~ � $ ! A ( « . , � . ! § | � I . � I I / I I / � i\ � This Page Intentionally Left Blank ESTIMATE Submitted October 15, 2013 for the following residential plans: Balletto Residence, Garage Repairs OPTION 2: GARAGE ATTACHED TO THE HOME SCOPE OF WORK PO Box 8501 San Jose, CA 95155 408 - 404 -0940 License #971208 www.ozcustomhomes.com We propose hereby to furnish all material and labor necessary for the following: DEMOLITION Demo existing garage structure and concrete slab. Remove all debris from site, sorting all recyclable materials whenever possible. Excavate for a new slab perimeter footing, per plan details, at the newly proposed location on site. CONCRETE Provide retrofit work on the home's existing foundation, to create a positive connection between the two structure's foundations. Form and pour a new concrete slab foundation, with a perimeter footing and stemwall. Remove /repair or replace existing walkways that surround the garage, with a stamped concrete "brick" pattern to match the home's existing walkway patterns. Provide new driveway channel drain to capture runoff, and connect to the existing drainage system on site. WINDOWS AND DOORS Provide and install new windows, side door and garage door, per plan details. FRAMING Frame new exterior walls and roof for new garage plan, including all lumber and hardware. Remodel the home's interior and exterior walls as necessary, to create a code - compliant interior access point to the newly attached garage structure. ROOFING Install 30 -year composition roofing, with TechShield radiant barrier sheathing underneath. ELECTRICAL Provide new electrical service to the garage, per building plan details. EXTERIOR PAINT Apply 2 coats of paint, per owner's selection, to all interior and exterior garage areas. SHEETROCK Supply and install 5/8" fire -rated drywall on the garage's exterior walls, to provide a 1 -hour fire - rated building envelope. Supply and install 1/2" drywall throughout remodeled area walls. Finish all wall surfaces with texture to the home's existing pattern. ROOFING Install 30 -year composition roofing, with TechShield radiant barrier sheathing underneath. TRIM Trim interior and exterior areas of the garage with paint -grade wood trim as necessary, to match the home's existing patterns. Install 1 -hour fire -rated cedar shingles, to match the home's existing exterior cladding details. PERMITS + PLANNING Contract with structural engineer and draftsman services, to prepare a complete set of building plans for submittal to the Town of Los Gatos. Build all project details to meet or exceed local and state building codes, and coordinate inspections with the Town of Los Gatos through final sign -off. 2 PROJECT TOTAL: $51,347 EXCLUSIONS Items excluded or not addressed in this proposal include: Any hidden structural, pest, water, mold or other damages to the home that require repair or modification. Though every precaution will be taken to protect the large oak tree that is compromising the garage, Owner must agree to hold Contractor harmless for any damages incurred throughout the course of construction and thereafter. This estimate is for preliminary cost estimating purposes only. Prior to contract acceptance, contractor will require a submitted and approved set of plans to review. 3 This Page Intentionally Left Blank ®om wolsn� zo O=W." !T n —opus v:rsicivr isio g 1 ffih Sul ej 3nN3AVV11Vk13d 9 v CCR i } ( \ \ � } !q ^ |! / � ! � its This Page Intentionally Left Blank COTTON, SHIRES AND ASSOCIATES, INC. CONSULTING ENGINEERS AND GF,OLOCISTS November 14, 2013 P5513 By email (sandydeckerinlg @aoLcom) Ms. Sandy Decker 45 Glen Ridge Avenue Los Gatos, California 95030 SUBJECT: Preliminary Evaluation of Proposed Tree Removal at 36 Peralta Avenue RE: 45 Glen Ridge Avenue Los Gatos, California REFERENCES: Deborah Ellis, 36 Peralta Avenue Coast Live Oak Tree Near East (East) Wall of Garage Letter, dated July 22, 2011 Dear Ms. Decker: Cotton, Shires and Associates, hnc. (CSA) is pleased to provide you with our preliminary evaluation of the proposed tree removal at 36 Peralta Avenue. Based on our review of the arborist report you provided to us and discussions with you we understand that there is an existing large oak tree that is located in close proximity to an existing garage unit at 36 Peralta Avenue. The owner at 36 Peralta Avenue is proposing to remove the oak tree because they believe it is darnaging their garage unit. While we did not perform a site visit to the garage structure and have not had discussions with the homeowner, this letter is primarily summarizing our preliminary civil engineering opinions of the situation. Typically, if a structure is believed to be distressed, a structural engineer and geotechnical engineer are hired to perform investigations and provide recommendations for mitigation if necessary. While it some cases tree removal may be part of the mitigation pursued, mitigation can also frequently involve foundation repairs or rebuilds and there are typically several options available that do not involve removal of the tree. While we have not Northern Califumia Office 330 Village Lane Los Gatos, CA 950.30 -7218 (408) 35.1 -5542 . Fax (408) 354 -1852 Central California Office 6417 Dogtcmv Road 5au Andzeas, CA 95249 -9640 (209) 736 -4252 • Fax (209) 736 -1212 11'1fi1k=C(1L{Fln^�1liCt'6_C9Ri Southern California Office 550 St. Charles Drive, Suite 1.08 Thousand Oaks, CA 91.360 -3995 (805) 497 -7999 • Fax (805) 497 -7933 ATTACHMENT 8 Ms. Sandy Decker November 14, 2013 Page 2 P5513 performed any site specific investigation at the neighboring residence where the tree removal is proposed, we believe that relocation or construction of a garage floor ramped above the oak roots, as outlined by Deborah Ellis in the July 22, 2013 letter, are likely viable options available to the honneowner to preserve or relocate the garage without removing the tree. LIMITATIONS We have not performed any site investigation at the residence of the proposed tree removal and have not been provided any engineering findings regarding that property, therefore any opinions and conclusions presented in this letter should only be considered preliminary. Our opinions and conclusions are made in accordance with generally accepted engineering geology and geotechnical engineering principles and practices. No warranty, expressed or implied, or merchantability or fitness, is made in or intended connection with our work, by the proposal for consulting or other services, or by the furnishing of oral or written reports or findings. We trust that this provides you with the information that you need at this time. If you have any questions, or need additional information please call. Very truly yours, COTTON, SHIRES AND ASSOCIATES, INC. r- Timothy P. Sneddon Supervising Geotechnical Engineer GE 2809 J Ted Sayre Principal Engineering Geologist CEG 1795 COTTON, SHIRES AND ASSOCIATES, INC.