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Attachment 1TOWN OF LOS GATOS ITEM NO: 7 PLANNING COMMISSION STAFF REPORT Meeting Date: April 27, 2016 PREPARED BY : APPLICATION NO: LOCATION: APPLICANT: PROPERTY OWNER: Jocelyn Puga, Assistant Planner jpuga@l os ga tosca.go v Architecture and Site Application S-15 -059 126 Clover Way (located at the southern comer of Clover Way and Olde Drive) Eugene Sakai, Studio S Squared Architecture, Inc. Michael Paige APPLICATION SUMMARY: Requesting approval to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1: I 0. APN 532-15-005. RECOMMENDATION: PROJECT DATA: CEQA : DEEMED COMPLETE: March 30, 2016 FINAL DATE TO TAKE ACTION: September 30, 2016 Denial General Plan Designation: Zoning Designation: Low Density Residential R-1: 10 -Single-Family Residential, I 0,000-square foot lot minimum Applicable Plans & Standards: General Plan; Residential Design Guidelines ; Parcel Size: 13 ,478 gross square feet Surrounding Area: Existing Land Use General Plan Zoning North Residential Low Density Residential R-1 :10 East Residential Low Density Residential R-1:10 South Residentia l Low Density Residential R-1: 10 West Residential Low Density Residential R-1: l 0 The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. ATTACHMENT 1 Planning Commission Staff Report -Page 2 126 Clover Way/S-15-059 April 27, 2016 FINDINGS: CONSIDERATIONS: ACTION: EXHIBITS: BACKGROUND: • As required, pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, this project is Categorically Exempt, Section 15303: New Construction or Conversion of Small Structures. • As required by Section 29.10.09030(e) of the Town Code for the demolition of a single-family residence. • As required by the Residential Design Guidelines that the project complies with the Residential Design Guidelines. • As required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application. The decision of the Planning Commission is final unless appealed within ten days. 1. Location Map 2. Findings (one page) 3. Recommended Conditions of Approval (11 pages) 4. Project Data Sheet (two pages) 5. Applicant's Letter of Justification, received on December 7, 2015 (five pages) 6. Town 's Consulting Arborist Report, received on January 5, 2016 (27 pages) 7. Town 's Consulting Architect report , received on January 11 , 2016 (five pages) 8. Applicant's response to the Architectural Consultant report received on February 24, 2016 (three pages) 9. Neighborhood letters of support, received on December 7, 2015 and February 24, 2016 (six pages) 10. Color and Materials Sheet, received on December 7, 2015 (one page) 11. Development Plans, received on February 24, 2016 (24 pages) The subject site is located at the southern comer of Clover Way and Olde Drive (see Exhibit 1 ). The lot is approximately 13,4 78 square feet with an existing 2 ,219-square foot single-story residence and 4 73-square foot detached garage. The project is being forwarded to the Planning Commission because the project would result in the largest house with regards to square footage and floor area ratio (FAR) in the immediate area. Planning Commission Staff Report -Page 3 126 Clover Way/S-15-059 April 27, 2016 PROJECT DESCRIPTION: A. Architecture and Site Application The applicant is proposing a 3,775-square foot single-story residence and 522-square foot detached garage. The project would have a maximum height of 20 feet , six inches. The proposed materials include: cedar siding, smooth stucco, stone veneer, and a standing seam metal roof (Exhibit 10). A color and materials board will be available at the Planning Commission meeting and Exhibit 4 includes general project data. B. Location and Surrounding Neighborhood The project site is located at the southern comer of Clover Way and Olde Drive (Exhibit 1 ). Surrounding properties contain single-family residences . C. Zoning Compliance The proposed project complies with the height and structure coverage limitations. The proposed project complies with setback requirements and all required parking is being provided on-site. The zoning permits a single-family residence. ANALYSIS: A. Floor Area Based on Town and County records , the residences in the immediate area range in size from 2,072 square feet to 3,010 square feet. The house FAR's range from 0.12 FAR to 0.20 FAR. The proposed residence would be 3,775 square feet with a 0.28 FAR. Pursuant to Town Code, the maximum square footage for the lot size is 3 ,803 square feet. The Neighborhood Analysis table on page 4 of the report reflects the current conditions in the immediate neighborhood. Planning Commission Staff Report -Page 4 126 Clover Way/S-15-059 April 27, 2016 Address House SF 104 Olde Drive 2,282 130 Clover Way 2,442 136 Clover Way 2,290 140 Clover Way 3,010 146 Clover Way 2,072 152 Clover Way 2,523 158 C love r Way 2 ,631 120 Clover Way 2,938 126 Clover Way (E) 2,219 126 Clover Way (P) 3,775 Garage Lot Size FAR SF SF 644 12,258 0.19 630 14 ,9 19 0.16 672 15 ,8 12 0 .1 4 780 24,850 0.12 506 15,322 0.14 616 13,582 0.19 484 12,922 0.20 616 21,337 0.14 473 13,478 0.16 522 13,478 0.28 The project was referred to the Planning Commission because it would result in the largest residence in the immediate area with regards to square footage and FAR. The proposed residence would be 765 square feet larger than the largest residence in the immediate neighborhood. The Residential Design Guidelines specify that resi dential development shall be similar in mass, bulk, and scale to the immediate neighborhood. The Guidelines also specify that consideration will be given to the existing F ARs , residential square footages , and lot sizes in the neighborhood. The applicant provides justification for the proposed residence in Exhibit 5. B. Architectural Considerations Staff requested that the Town's Architectural Consultant review the project to provide recommendations regarding architecture and neighborhood compatibility. The Consulting Architect commented that the proposed design will have a more modem appearance compared to the other homes in the immediate neighborhood, but it is well designed with forms , scale, and materials that are compatible with the traditional Ranch Style homes nearby. The consultant recommended three changes in order to bring the project into compliance with the Town's Residential Design Guidelines (Exhibit 7). The applicant res ponded to the Co nsulting Architect's recommendations in writing (see Exhibit 8). The following outlines the Consulting Architect's recommendations with the applicant's response in italics. Planning Commission Staff Report -Page 5 126 Clover Way/S-15-059 April 27, 2016 1. Architectural entry wall height The Town's Consulting Architect believes the fin wall at the entry on Olde Drive is discordant with the Ranch Style form of the home and recommends that the vertical element not extend above the eave line. The applicant modified the design by decreasing the height of the entry wall and changing the material to a stone fa<;ade that is used elsewhere on the residence. The revised entry wall is now less prominent, more consistent with the entries of surrounding homes, and still provides adequate architectural attention to th e entry of the home (Exhibit 8). Staff and the Consulting Architect support the modified entry wall design as the revised height and material have minimized the wall 's prominence from the front elevation and are now consistent with the materials of the residence. 2. Standing seam metal roof The Town's Consulting Architect believes the metal roofing could be consistent with the design of the house, but would be a major deviation from the predominant character of the immediate neighborhood. The applicant has chosen not to modify the proposed roof material to a composition shingle or metal shingle as recommended by the Consulting Architect. The applicant states that homes in the immediate neighborhood have chosen roofing materials to match the design of their homes -shake, terra cotta tiles, faux stone, slate, and composition. The proposed standing seam metal roof would be consistent with the design of the home and best compliment the architectural style. In addition, the applicant has chosen the standing seam metal roof for environmental reasons (Exhibit 8). Staff and the Consulting Architect cannot support the proposed standing seam metal roof because it is not compatible with the materials in the immediate neighborhood. 3. Limiting the prominence of the garage The Town's Consulting Architect recommends using a consistent material or stucco color from the main residence for the detached garage to minimize its appearance. The applicant modified the design by changing the stucco color to be the same as the house 's main fa<;ade to limit the garage 's prominence (Exhibit 8). Planning Commission Staff Report -Page 6 126 Clover Way/S-15-059 April 27 , 2016 Staff and the Consulting Architect support the modified color of the detached garage as the revised stucco color is now consistent with the residence. C. Environmental Review The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. PUBLIC COMMENTS: The applicant has informed staff that they have met with the majority of the adjacent neighbors and letters of support are included as Exhibit 9. At this time, the Town has not received any other public comment. SUMMARY AND RECOMMENDATION : A . Summary The proposed project would allow the applicant to construct a new single-family dwelling. As currently proposed, the project would create a residence that is approximately 765 square feet larger than the largest home in the immediate area. B. Recommendation Staff recommends denial of the Architecture and Site application based on the size of the residence in comparison to those in the immediate area and the proposed roof material. ALTERNATIVES: Alternatively, the Commission could: I. Approve the application by taking the following actions: a . Find that the proposed project is categorically exempt, pursuant to Section 15303 of the California Environmental Quality Act as adopted by the Town (Exhibit 2); and b. Make the required findings as required by Section 29.10.09030(e) of the Town Code for granting approval of a demolition of a single-family residence (Exhibit 2); and c. Make the finding that the project complies with the Residential Design Guidelines (Exhibit 2); and d. Make the required considerations as required by Section 29 .20.150 of the Town Code for granting approval of an Architecture & Site application (Exhibit 2); and Planning Commission Staff R eport -Page 7 126 Clover Way/S-15-059 April27,2016 e. Approve Architecture and Site Application S-15-059 with the conditions contained in Exhibit 3 and development plans attached as Exhibit 11. 2. Approve the application with additional and/or modified conditions. 3. Continue the matter to a date certain with specific direction . Community Development Director JSP:JGP:cg cc: Michael Paige, 126 Clover Way, Los Gatos, CA 95032 N :\DE V\PC REPORTS\20 16\Cloverl 26.doc x This Page Intentionally Left Blank N + 126 Clover Way 0 0.25 -------===========::::JMiles 0.125 .EXHIBIT 1 This Page Intentionally Left Blank PLANNING COMMISSION -April 2 7, 2016 REQUIRED FINDINGS & CONSIDERATIONS FOR: 126 Clover Way Architecture and Site Application S-15-059 Requesting approval to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10. APN 532-15-005. PROPERTY OWNER: Michael Paige APPLICANT : Eugene Sakai, StudioS Squared Architecture, Inc. FINDINGS Required finding for CEQA: • The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation ofthe California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures . Required finding for the demolition of a single-family residence: • As required by Section 29.1 0.09030(e) of the Town Code for the demolition of a single- family re sidence: I. The Town's housing stock will be maintained as the single-family residence will be replaced. 2. The existing structures have no architectural or historical significance, and are in poor condition. 3. The property owner does not desire to maintain the structures as they exist; and 4. The economic utility of the structures was not considered. Required Compliance with the Residential Design Guidelines: • The project is not in compliance with the Residential Design Guidelines for single-family homes not in hillside residential areas. CONSIDERATIONS Required considerations in review of Architecture & Site applications: • A s required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing thi s project. N :\DEV\FIN DING S\20 16\C iov erl 26. DOCX EXHIBIT 2 This Page Intentionally Left Blank PLANNING COMMISSION -Apri/27, 2016 CONDITIONS OF APPROVAL 126 Clover Way Architecture and Site Application S-15-059 Requesting approval to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10. APN 532-15-005. PROPERTY OWNER: Michael Paige APPLICANT: Eugene Sakai, Studio S Squared Architecture, Inc. TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties . No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. 4 . GENERAL: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site. 5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed , prior to the issuance of a building or grading permit. 6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations made by Walter Levison , identified in the Arbori st's report dated as received January 5 , 2016 , on fi le in the Community Development Department. A Compliance Memorandum shall be prepared by the applicant and submitted with the building permit application detailing how the recommendations have or will be addressed. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable . 7. TREE FENCING: Protective tree fencing and other protection measures shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall remain through all phases of construction. Refer to tree fencing requirements and other protection measures identified in the Arborist Reports prepared by Walter Levison dated as received January 5, 2016, on file in the Community Development Department. Include a tree protection plan with the construction plans. 8. WATER EFFECIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive . A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. EXHIBIT 3 9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped . 10. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit, the developer shall provide the Community Development Director with written notice of the company that will be recycling the building materials. All wood, metal , glass, and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting the type and weight of materials , shall be submitted to the Town prior to the Town 's demolition inspection. 11 . STORY POLES: The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application. 12 . TOWN INDEMNITY : Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in an y action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 13 . COMPLIANCE MEMORANDUM : A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed . Building Division 14. PERMITS REQUIRED: A Demolition Permit is required the demolition of the existing single family residence and garage and a Building Permit for the construction of the new single-family residence and garage. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 15 . CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 16. SIZE OF PLANS: F our sets of construction plans , minimum size 24" x 36", max imum siz e 30" X 42 ". 17 . DEMOLITION REQUIREMENTS : Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District Application from the Building Department Service Counter. Once the Demolition Forms have been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed Forms to the Building Department Service with the Air District's J# Certificate(s), PG&E verification, and three (3) copies of the Site Plan showing all existing structures, existing utility service lines such as water, sewer, and PG&E gas and electric. No demolition work shall be done without first obtaining a Permit from the Town. 18. SOILS REPORT: A Soils Report, prepared to the satisfaction ofthe Building Official , containing foundat ion and retaining wall design recommendations, shall be submitted with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics. As an alternate, the necessary foundation elements can be designed by a licensed Engineer to the minimum requirements of Chapter 4 of the 2013 California Residential Code. 19. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed Civil Engineer or Land Surveyor shall be submitted to the project Building Inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report, and that the building pad elevation and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items : a. Building pad elevation b. Finish floor elevation c. Foundation comer locations d . Retaining Walls 20. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with adaptability features for single family residences per Town Resolution 1994- 61: a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls at water closets, showers, and bathtubs, located 34-inches from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32-inches wide on the accessible floor. c. Primary entrance shall be a 36-inch wide door including a 5'x5' level landing, no more than l-inch out of plane with the immediate interior floor level with an 18-inch clearance at interior strike edge. d. Door buzzer, bell or chime shall be hard wired at primary entrance. 21 . TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined, i.e. directly printed, onto a plan sheet. 22. BACKWATER VALVE : The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12-inches above the elevation of the next upstream manhole. 23 . TOWN FIREPLACE STANDARDS : New wood burning fireplaces shall be an EPA Phase II approved appliance as per Town Ordinance 1905 . Tree limbs shall be cut within 10-feet of Chimney. 24. HAZARDOUS FIRE ZONE : The project requires a Class A Roof assembly. 25. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High Fire Area and must comply with Section R327 of the California Residential Code. 26 . PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California licensed Architect or Landscape Architect in conformance with California Public Resources Code 4291 and California Government Code Section 51182. 27. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Architect or Landscape Architect certifying that the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182 . 28. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building 29. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee or online at www.lo s gatosca.gov/building. 30. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development -Planning Division: Jocelyn Puga at (408) 354-6875 b. Engineering/Parks & Public Works Department: Mike Weisz at (408) 395-5340 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 31. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of aU job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued. The Developer's representative in charge shaU be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the Developer's expense. 32. APPROVAL: This application shall be completed in accordance with all the conditions of approvals listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals sha11 be approved by the Town Engineer. 33. ENCROACHMENT PERMIT: AU work in the public right-of-way wi11 require a Construction Encroachment Permit. All work over $5,000 will require construction security. It is the responsibility of the Applicant/Developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG&E), AT&T, Comcast, Santa Clara Va11ey Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Division of the Parks and Public Works Department prior to releasing any permit. 34. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The property owner shall enter into an agreement with the Town for all existing and proposed private improvements within the Town right-of-way. The Owner shall be solely responsible for maintaining the improvements in a good and safe condition at all times and shall indemnify the Town of Los Gatos. The agreement must be completed and accepted by the Town Attorney prior to the issuance of any permits. 35 . PUBLIC WORKS INSPECTIONS: The Developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result in rejection of work that went on without inspection. 36. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings , etc. shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti , etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor's sole expense and no additional compensation shall be allowed therefore . Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. The Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 37 . SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction. 38. STREET CLOSURE: Any proposed blockage or partial closure of the street requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 39. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 40. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 41. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to altered work is started. The Applicant's project engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as-built" plans. 42. GRADING PERMIT: Grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20 .015 of the Town Grading Ordinance. The grading permit application (with grading plans) shall be made to the Engineering Division ofthe Parks and Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 43. DRIVEWAY : The driveway conform to existing pavement on Clover Way shall be constructed such that existing drainage patterns will not be obstructed. 44. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit/building permit. 45 . SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall: top of wall elevations and locations. b . Toe and top of cut and fill slopes. 46. PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 47. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the commencement of any site work, the general contractor shall : a. Along with the project applicant, attend a pre-construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval , and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 48. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 49. SOILS REPORT: One copy of the soils and geologic report shall be submitted with the application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. 50. SOILS REVIEW: Prior to issuance of any permit, the Applicant's engineers shall prepare and submit a design-level geotechnical/geological investigation for review and approval by the Town. The Applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. Approval of the Applicant 's soils engineer shall then be conveyed to the Town either by letter or by signing the plans . 51. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and grading shall be inspected by the Applicant's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report , and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing shall be documented in an "as-built" letter/report prepared by the Applicant's soils engineer and submitted to the Town before final release of any occupancy permit is granted. 52. SOIL RECOMMENDATIONS : The project shall incorporate the geotechnical/geo logical recommendations contained in the Geotechnical Investigation for Paige-Schueler Residence by Romig Engineers, Inc., dated December 2015, and any subsequently required report or addendum. Subsequent reports or addendum are subject to peer review by the Town 's consultant and costs shall be borne by the Applicant. 53. UTILITIES: The Developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27.50.015(b ). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. The Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 54. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation. The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation. 55. TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed subject to the following requirements: a. The Town standard "T" trench detail shall be used. b . A Town approved colored controlled density backfill shall be used. c. All necessary utility trenches and related pavement cuts shall be consolidated to minimize the impacted area of the roadway. d . The total asphalt thickness shall be a minimum of 3-inches, meet Town standards, or shall match the existing thickness, whichever is greater. The final lift shall be 1.5- inches ofhalfinch medium asphalt. The initiallift(s) shall be of three quarter inch medium asphalt. e. The Contractor shall schedule a pre-paving meeting with the Town Engineering Construction Inspector the day the paving is to take place. f. A s lurry seal topping may be required by the construction inspector depending his assessment of the quality of the trench paving. If required, the slurry seal shall extend the full width of the street and shall extend 5-feet beyond the longitudinal limits of trenching. Slurry seal materials shall be approved by the Town Engineering Construction Inspector prior to placement. Black sand may be required in the slurry mix. All existing striping and pavement markings shall be replaced upon completion of s lurry seal operations. All pavement restorations shall be completed and approved by the Inspector before occupancy. 56 . SIDEWALK/CURB IN-LIEU FEE: A curb and sidewalk in-lieu fee in an amount to be determined upon further review of and revisions to plans shall be paid prior to issuance of a building permit. This fee will be based on the unit costs of curb ($64/LF) and 4.5-foot wide sidewalk ($16/SF) in accordance with Town policy and the Town's Fee Schedule. 57. CURB AND GUTTER REPAIR : The Developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. All new and existing adjacent infrastructure must meet Town standards. New curb and gutter shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti , etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor's sole expense and no additional compensation shall be allowed therefore. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 58. FENCING: Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 59 . SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, will need to abide by Town Code Section 23.1 0.080, 26.1 0.065, 29.40.030. 60 . FENCES: Fences between all adjacent parcels will need to be located on the property lines/boundary lines. Any existing fences that encroach into the neighbor's property will need to be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued. Waiver of this condition will require signed and notarized letters from all affected neighbors . 61. CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated gross vehicle weight exceeding ten thousand (1 0 ,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior to approval from the Town Engineer. 62. HAULING OF SOIL: Hauling of soil on or off-site shall not occur during the morning or evening peak periods (between 7:00a.m. and 9:00a.m. and between 4 :00p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the Developer shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the Developer/Owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand, and other loose debris. 63. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc. shall be limited to the hours of8:00 a.m. to 8:00p.m., weekdays and 9 :00a.m. to 7:00p.m. weekends and holidays. The Town may authorize on a case-by- case basis alternate construction hours. The Applicant/Subdivider shall provide written notice 24 hours in advance of modified construction hours. Approval of this request is at discretion of the Town. 64. CONSTRUCTION NOISE: Between the hours of 8:00a.m. to 8:00p.m., weekdays and 9:00a.m . to 7:00p.m. weekends and holidays, construction, alteration or repair activities shall be allowed . No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 65. CONSTRUCTION MANAGEMENT PLAN: Prior to the issuance of any permits, the Applicant shall submit a construction management plan that shall incorporate at a minimum the Project Schedule, employee parking, materials storage area(s) and proposed outhouse locations. 66. MAINTENANCE ACCESS: Prior to the issuance of any permits, the Applicant shall propose maintenance access improvements for the Town Engineer to review, comment on, and approve. The Engineering Division of the Parks and Public Works Department shall approve the surface materials over each public easement. 67. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused . Sanitary Sewer Clean-out is required for each property at the property line or at a location specified by the Town. 68. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation ofthe next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Building Official. The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve as defined in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operation condition. Evidence of West Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 69. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Removal ofBMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders. 70. SITE DESIGN MEASURES : All projects shall incorporate the following measures: a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas. d . Use permeable pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater. 71. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control ofblowing dust for the duration of the project. Watering on public streets shall not occur. Streets shall be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 72. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 73 . SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled/signed with appropriate "NO DUMPING-Flows to Bay" NPDES required language . On-site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be placed 1 0 ' minimum from adjacent property line and/or right-of-way. 74. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis . Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 75. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the e nd of the day. Dirt and debris shall not be washed into storm drainage facilities . The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued. The Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the Developer's expense. 76. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation. The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation. 77. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 78. WILDLAND-URBAN INTERFACE: This project is located within the designated Wildland-Urban Interface Area. The building construction shall comply with the provisions of California Building Code (CBC) Chapter 7 A . Note that vegetation clearance shall be in compliance with CBC Section 701A .3.2.4 prior to project final approval. Check with the Planning Department for related landscape plan requirements. 79. FIRE SPRINKLERS (excludes workshop): An automatic residential fire-s prinkler system shall be installed in one-and two-family dwellings as follows. In all new one-and two- family dwellings and in existing one-and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception : A one-time addition to an existing building that does not total more than 1,000 square feet of building area. Note: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required . Note: Covered porches, patios, balconies, and attic spaces may require fire sprinkler coverage. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and a pproval prior to begi nning their work. CRC Sec. 313.2 as adopted and amended by LGTC 80. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the a pplicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyo r . Such requirements shall be incorporated into th e design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3 .5 and Health and Safety Code 13114 .7. 81. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI- 7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp 33 . 82 . ADDRESS INDENTIFICATION: New and existing buildings shall have approved address numbers , building numbers , or approved building identification placed in a po sition that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numb ers or a lphabetical letters. Numbers shall be a minimum of4 inches (101.6 mm) high with a minimum stroke width of0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot b e viewed from the public way, a monument, pole or other sign or mea ns shall be used to identify the structure. CFC Sec. 505.1. N:\DEV\CO N DITIONS\2 0 16\Ciover l 26.docx This Page Intentionally Left Blank 126 Clover-PROJECT DATA EXISTING PROPOSED CONDITIONS PROJECT Zoning district R1:10 same Land use Single family home same General Plan Designation Low density residential same Lot size (sq. ft.) • gross lot area 13,478 13 ,478 Exterior materials: • siding NO SIDING, BRICK STUCCO AND STAIN GRADE CEDAR SIDING • trim TRIM LESS TRIMLESS • windows CLAD WHITE CLAD BLACK • roofing ROOF SHINGLES STANDING SEAM METAL ROOF Building floor area: • first floor 2,171.8 S.F . 3 ,775 .1 S.F. • garage 451.4 S.F. 522 S.F. Setbacks (ft.): front 26 '-6" 25 '-1 " • 43 '-4" 31 '-0" • rear side 20 '-6" 10 '-3" • • side (street) 25 '-0" 15 '-5" Average slope (%) +/-5 % +/-5 % Maximum height (ft.) 16 '-9" 20'-6" Building coverage (%) 19 .5 % 35 % RECEIVED ..... ~ "'"~. (" I ~) s N ~LAN,..,.ING OIVl::)l'-.; EQUIRED/ PERMITIED - - - 10,000 sq. ft. minimum - - - - - - 25 feet minimum 20 feet minimum 10 feet minimum 15 feet minimum - 30 feet maximum no maximum EXHIBIT 4 Impervious coverage (%} 41.5 % 46.2 % no maximum Parking • garage spaces 2 2 • uncovered spaces 2 2 Sewer or septic - N :\DEV\JOCEL YN\ProjectDataSheets\Clover 126 .docx Letter of Justification for proposed rebuild of 126 Clover Way Residence To Whom It May Concern : !RECEIVED TOWN OF LOS GATOS PLAf'.!~I~G DIVISION We (Michael Paige and Kristin Schueler) are proposing a rebuild of our primary residence at 126 Clover Way in Los Gatos, California. We purchased the home in 2008 as a newly married couple because we were attracted to the unique and desirable features of the Surrey Farms neighborhood. The majority of homes there are single story ranch homes , each unique in its design yet not overly proportioned for the generous sized lots. These aesthetic aspects combined with quiet streets, low traffic impact, great neighbors and proximity to both town and the open space preserve made the Surrey Farms neighborhood an ideal place for our family . Our project has prioritized maintaining the aesthetic , scale and feel of the ranch homes that populate Surrey Farms while creating a home that fulfills our needs while increasing the overall value of our neighborhood and the town of Los Gatos . When we purchased this home in 2008 every aspect of it, barring a master bedroom remodel , was 1960's orig inal. Our intent was always to perform a major renovation/rebuild of the home to achieve global improvements in the home's aesthetic, structure/engineering , floor plan/flow , amenities/appointments , technology offerings , environmental efficiency, and landscaping. As our family has grown and our professional lives have taken expanded roles we also found the need for more square footage for bedrooms and home offices. While our project originally started as a remodel, we soon found that the changes we desired and the scope of work required to ach ieve them justified a rebuild of the entire structure. Our goals for the rebuild were multi-fold and are addressed individually below. 1. Improve the home's appearance. We have chosen a contemporary Ranch exterior design that appeals to us, maintains the sca le , feel and uniqueness of homes in the Surrey Farms subdivision , and greatly enhances the overall value of our neighborhood . Wh ile our design is contemporary, it is not unique to homes in our immediate neighborhood (see Addendum 1 with photos of similarly designed contemporary homes located on Longmeadow Road , Topping Way, Shannon Road , and Mill Rise Way). Our proposed exterior materials are utilized throughout existing homes in Los Gatos, and are familiar to our neighbors . We reviewed the design and scale of our proposed project with all of our immediate neighbors (6 total) and a local Realtor neighbor. All were sent an electronic comprehensive Project Review package (see attached Addendum 2) and unanimously, all of our immediate neighbors were very supportive of the design and scale of the proposed plans. We have · attached email and written responses from neighbors as Addendum 3 to this letter. 2. Optimize Energy efficiency and environmental impact with green friendly design/engineering , T24 building standards and use of eco friendly materials. Our goal on this project is to exceed criteria for t itle 24 compliance. We plan on installing passive solar on the south-facing roof , and will employ an independent Build it Green consultant on the project to comply with all green requirements . 3. Maintain a single story home that complies with all local, county, state and utility variances , easements and setbacks. Locations for our accessory detached garage and accessory workshop both comply with town variances for our corner lot. A letter of Justification for reduced setbacks for our detached garage is attached as Addendum 4. 4. Increase number of bedrooms to account for our growing family's needs (3 ch ildren) and any guest g randparent visits . EXHIBIT 5 5. Create home offices for Kristin and Mike . 6 . Modernize floor plan and flow with an entertaining kitchen and great room common area that interfaces with the backyard seamlessly. 7 . Update landscape with drought tolerant design and plants. The home we have designed will meet our growing family's needs for years to come. We take pride in our town and our neighborhood and are excited to transform our 1960 rancher original into a beautiful, eco friendly home that will improve the aesthetics of our neighborhood and town . All the neighbors directly affected by the project feel similarly. We look forward to working with the town on the creation of our new home. Best, Michael Paige and Kristin Schueler Addendum 1 : Images of Similarly Designed Contemporary Homes in Our Neighborhood: 1) 178 Longmeadow Drive 2) 16533 Topping Way: 3) 16511 Topping Way: 4) 16604 Shannon Road : 5) 17140 Mill Rise Way: This Page Intentionally Left Blank i ~ a> ~)J ~~l~~r,N~~~~~~ i~ 8,..c}.. ~*::.:..~~-.:.:.. ASCA Registered Consulting Arborist #401/ISA Tree Ris k Assessment Qualified l iSA Certified Arborist INVC-3172 cell (41 5 ) 203-0990/ drtree@sbcglobal.net Site Address: 126 Clover, Los Gatos. CA Assessment of Protected-S ize Trees at and adjacent to 126 Clover Way Los Gatos, California Prepared for: Ms . Jocelyn Puga , Assistant Planner Town of Los Gatos Community Deve lopment Department 11 0 E. Main Street Los Gatos, CA 95030 Field Visit: Walter Levison, Contract Town Arborist {CTA) 1/5/2016 Report by CT A Version : 1/5/2016 1 of27 Registered Member, American Society of Consulting ArbOrists and Member of the International Society of ArbOriculture e Walter Levison 2015 All Rights Reserved RECEIVED JAN 0 :=) 20 16 TOWl-.1 OF LC'S G.~TOS Pl.A!~;~:;,,_; G. ·"·t:::ION EXHIBIT 6 Version: 1/512016 ~Jb Walte r Levison r CONSU LT ING ARBORIST ASCA Registered Cons ulting Arborist #4 01/ISA Tree Ri sk Assessment Qualifi ed /I SA Certified Arbori st #VVC-3172 Table of Contents I~ ~\. . =-~:---~--:..':.'. cell (4 15) 203-0990 I d rtree@sbcglobal.net 1.0 Summary 3 2.0 Assignment & Background 4 3.1 Maintenance & Protection Codes from Tree Data Table 7 4.0 Tree Location & Protection Fence Map 8 5.0 Observations & Discussion 9 6.0 Town of Los Gatos-What Trees are Protected? 10 7.0 Recommendations 12 8.0 Tree Protection and Maintenance Directions per Town Code 17 9.0 Tree Replacement Standards-Los Gatos Town Code 21 10.0 Author's Qualifications 23 11 .0 Assumptions and Limiting Conditions 24 12 .0 Certification 25 13.0 Digital Images 25 Site Address: 126 Clover, Los Gatos, CA Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture c Walter Levison 2015 All Rights Reserved 2 of27 Version: 1/512016 ~Jb Walter Levison r CO NSULTING ARBORIST A\ • ~:!.."': ":"..~..::~.~- ASCA Registered Consulting Arborist #401 /ISA Tree Risk Assessment Qualified /ISA Certified Arborist #WC-3172 cell (415) 203-0990 I drtree@sbcg lobal.net 1 .0 Summary 1. Protected size trees (4 inches diameter at 4.5 feet above grade} to be removed due to direct and/or indirect conflicts with proposed work: #2, 3, 4 , and #5. 2 . Protected size trees that may be significantly impacted by site plan-related work: a . Magnolia #1 may or may not be negatively affected by proposed drainage swale grading that is specified as a downspout storm water dissipation item on sheets C.1 and C.2. A new sanitary sewer pipe installation is shown on sheet C.3 at approximately 10 to 11 feet south of the trunk edge, and will have a severe negative effect on the root system of this tree if it is installed using the standard trenching method . The CTA suggests use of the "pipe bursting and installation of flexible pipe method", otherwise known as the "trenchless method", to avoid damage to the root system of this tree. b. Neighbor-owned valley oak #7 . The existing canopy extends approximately 20 feet East to the existing residence footprint, and hangs down to 6 feet above grade (refer to digital images below in this report). The canopy will need to be pruned back to provide both vertical and horizontal airspace clearance to clear the proposed new residence footprint. The negative impact to the tree from clearance pruning may be significant to severe, depending on the pruning quality, cut locations, cut diameters, and other factors. An ISA Certified Arborist will be required to be physically present during all pruning of this tree. c. Neighbor-owned Victorian box #8 may be negatively affected during joint trench installation if the protective fence perimeter needs to be removed during trench installation work . The canopy will be vulnerable to damages during work if the fence is not erected and in place during work, per the CTA's tree protection map in this report. 3. Protected size trees that can be retained with no impacts expected , if protective measures are installed per the recommendations below in this report: Plum #6, and neighbor-owned tree #9. Site Address: 126 Clover. Los Gatos. CA Registered Member. American Society of Consulting Arborists and Member of the International Society of Artloriculture ©Walter Levison 2015 All Rights Reserved 3 of27 Version: 1/512016 z E :I z Cl> {! ~ 1- 1 2 3 4 5 6 ~})J Walter Levison CONS ULT I NG ARBORIS T ASCA Registered Consulting Arborist #401 /ISA Tree Risk Assessment Qualified /ISA Certified Arborist #WC-3172 3.0 Tree Data Table ... ... ... ~ >o ~-'i~i i i i c ... 2e o-,. ;>z; ¥Ni i fi j c-.., .... Overall ....... tilL a:,. ef~. Genus& Common i5 i5 =• u-5-w Condition Spec ies Name Q ~ i o~~l iil!a'1 IL...1E() .... ~ .., -! Rating -.-~ ~ o_ •~o (0 to 100%) ~i~ Z:a, :r:~~ c c c eo .~Ill 2 2 2 :I .. as ~ ..... ~ 1-1-1-Ill :r: Magnolia South em 27.6 27.6 35/40 75/65 70%Good No grandiflora magnolia -- Magnolia Southern grandiflora magnolia g,2 - -g,2 15/15 30/30 30% Poor No Flowering Prunussp. c herry cultivar 4 .9 --4 .9 18/14 85/85 85%Good No Cult. (not verified) Prunus Flowering serrulata cherry 5.2 --5.2 14/9 40/40 40% Poor No Cu lt. cultivar Prunus Flowering serrulata cherry 4.0 --4.0 7/6 6/565 65% Fair No Cult. cultivar Prunus Plum 7.5 6 .5 5.7 19.7 35/15 50/30 40%Poor No cerasifera cultivar 5of27 Site Address: 126 Clover, Los Gatos, CA Registered Member, American Society of Consulting Atborists and Member of the lnternaUonal Society of Atboriculture C> Walter Levison 2015 All Rights Reserved I I ~ X X X X X X '0 ~---~if: 0 c 0 s_-0 c.2 ~¥ ~ .. ~~ "CW~<g 'i:ij • "'Ill .. >t;e.i 3!• c7J.,o• -~ ... .c a: a.c s .3- Minor to severe (sewer line, drain sw ale) None, o r Minor ~~ ~}~ .._ __ ... """-'<" .. ~··~ -··· ·-· ... -....... cell (415) 203-0990 I drtree@sbcglobal.net .. Ill -g_ .l! '0 ~ ~:2 w z 0 c "' (,) 0 ~: ~~ z Ql/l -c 0 0 c 15~~, c 0 a: "'ol-w •·-a:~ "••z zzuo .-Cl> -oo ~=~ ... O~w!t: .... ~ c ..... ~c~o :6. -~ 'E ·co :cl.! a:ou z ou :I C'O IL .tO a:z Ci a: :I c; Ill ... ILW ::1 IL 1-IL Roots c ut on street side o f root plate. Moderate TDE. 20 feet TB,RPZ, W Condition radius could improve w ith heavy inigation. Decline due to soi l moisture deficit. Poor TOE. T ree has excellent structural nla n/a fonn and Qood TOE. Canker on lower tr unk between 1 and 2 feet above n/a n/a grade, indicating disease presence. nla n/a Bark inclusion type fork at 3 to 4 feet elevation. T ree has 10 feet RPZ been radi us severel y pruned in past. Poor to mod TOE. Version: 1/512016 I i ~J~ Walter Levison CONS ULT ING ARBOR IST J ~ .. tt~. ASCA Registered Consulting Arb orist #401/ISA Tree Risk Assessment Qualified /I SA Certified Arborist #WC-3172 ce ll (4 15) 203-0990 I drtree@sbcglobal.net .! .. .. .. .... >-00 i : E "0 ~-• ~ zen w ~ • • c Cl. -=-... i • c 0 c 0 !!! "0 z • • 2 r! o.-,. iNi h ouoa'f gc c .. r~~ (,) E -r. I c .S! c-0 z Qen .! i .! c-., ..... Overall !. -0 -c 0 ~: ~~ ::. 1-CD "I&. a:,. -~="3-~ .. c;~ ~i a: Ccl-w z Genus& Common =• u-£-w Condition c 0 a:ll: •••z ou~b i5 £~e~ ·-zzuc c c ~i oei ·I!~ "CW:t:'1:J i:S ~~ 00 "D o !!!:Kl! .. Ol!!w~ = Species Name Rating •• Cl). c CD ._ wcl!!o .. ~ S:l ... -! •.ao .;::: -~tie~ :!i!• 'CU "'-•.! a:ou ~ ou ... .... o_ .r.CI. :z:~~ (0 to 100%) ~!~ .... _ 'E ::. :c!o e c c c eo !fllen 81 enoaoCD :t~ C"' Ill ~ a:z <( a: 2 2 2 ::. • Cl.,j: a: 2 ('; II. Q.W ::E II. ... ... ... ... en :z: 0 ....11-:S ..5 .9-... 1&. Canopy extends 20 feet East with hanging branches down to 6 Quercus Significant feet above lobata grade. 10 to 20 7 (NEIGHBOR California Est. 10 45/30 80/65 77%Good No X to severe East Canopy feet RPZ, P valley oak 10 - -(clearance OWNED conflicts with radius TREE) pruning) proposed new resi dence footprint. Clearance pruning will be reouired . Poor TOE . Canopy overhangs property line. Root Pittosporum crown not undulatum Victorian Est. Minor visible . Sleet 8 (NEIGHBOR box 7 - -7 25/12 40/30 37% Poor No X Goint trench Decay on radius RPZ OWNED work) trunk noted TREE) due to splitout. Use fencing to protection canopy as needed. Juniperus Root crown chinensis None , or not visible. 9 Torulosa Holl ywood Est. 7 25/12 50/55 50% Fair No X Minor Poor TOE Sleet RPZ (NEIGHBOR juniper 7 --Goint trench radius for reasons OWN~~ work) unknown. TREE L.,_ NOTES ON TREE SURVEY DATA TABLE : 1. On-site survey trees include all exis ting specimens of tree species w ith at least one (1) mainstem measuring greater t han or equal to 4 in ches diameter at 4 .5 fee t above grade. 2. Multi-stem tree diameter is equal to th e total of all mainstem diameters at 4 .5 feet above grade, per the Town tree ordinance definition of "diameter". Diameters were determined us ing a forester's "D-tape" which is wrapped around the ci rcumference of the tree, and converts circumfere nce to diameter inches and tenths of inches. Site Address: t 26 Clover, Los Gatos, CA Registered Member. American Society of Consulting Atborists and Merrber of the International Society of Atboriculture c Walter Levison 2015 All Rights Reserved 6of27 Version: 11512016 ~]b Walter Levison r CO NSULT ING AR B ORIS T ASCA Registered Consulting Arborist #401 /ISA Tree Risk Assessment Qualified /ISA Certified Arborist #WC-3172 3. Heights and canopy spread diameters were estimated visually. TD/E = "Current season live twig density and live twig extension" 3.1 Maintenance & Protection Codes from Tree Data Table ~~ ~~ ... ~_ .... ._.....-.~-· .. ···-- cell (415) 203-0990 I drtree@sbcglobal.net RPZ: Root protection zone fence , chain link, with 2" diameter iron posts driven 24" into the ground, 6 to 8 feet on center max. spacing. RB : Root buffer consisting of wood chip mulch lain over existing soil as a 12 inch thick layer, overla in with 1 inch or greater plywood strapped together with metal plates. This root buffer or soil buffer should be placed over the entire width of the construction corridor between tree trunks and construction . RP: Root pruning. Prune woody roots measuring greater than or equal to 1 inch diameter by carefully back-digging into the soil around each roo t using small hand tools until an area is reached where the root is undamaged. Cleanly cut through the root at right angle to the root growth direction , using professional grade pruning equipment and/or a Sawzall with wood pruning blade. Backfill around the cut root immediately (same day), and thoroughly irrigate the area to saturate the uppermost 24 inches of the soil profile. BDRP: Back-dig root pruning: Hand-dig around the broken root, digging horizontally into the open soil root zone until a clean , unbroken , unshattered section of the root is visible. Proceed as per 'root pruning'. TB: Trunk buffer consists of 20-40 wraps of orange plastic snow fencing to create a 2 inch thick buffer over the lowest 8 feet of tree trunk (usually takes at least an entire roll of orange fencing). Lay 2X4 wood boards vertically, side by side , around the entire circumference of the trunk. Secure buffer using duct tape (not wires). F: Fertilization with slow-release Greenbelt 22-14-14 tree formula, as either a soil drench over the root zone or using a fertilizer injection gun . This brand and formulation is commonly used by reputable tree care companies in the Bay Area. M : 4-inch thick layer of chipper truck type natural wood chips (example source: Lyngso Garden Supply, self pick-up ). Do not use bark chips or shredded redwood bark. W: Irrigate using various methods to be determined through discussion with General Contractor. Irrigation frequency and duration to be determined through discussion. P: Pruning per specifications noted elsewhere. All pruning must be performed only under direct site supervision of an ISA Certified Arborist, or performed directly by an ISA Certified Arborist, and shall conform to all current ANSI A300 standards. MON : A Project Arborist must be present to monitor specific work as noted for each tree. Site Ad dress: 126 Clove r, Los Gatos, CA Registered Member. American Society of Consulting Arborists and Member of the Internationa l Society of Arboriculture C> Walter Levison 2015 All Rights Reserved 7 of 27 Version: 1/512016 ~Jb Walter Levison r CO NSULT ING ARBORIST ~~ ASCA Registered Consulting Arborist #401 /ISA Tree Risk Assessment Qualified /ISA Certified Arborist #WC-3172 cell (415) 203-0990 I drtree@s bcglobal.net 5.0 Observations & Discussion The CTA reviewed the entire set of plans submitted to planning division (received by planning dept. 12/7/2015). Individual sheets are dated with various 2015 dates as indicated below. a . Sheet L 1: Sheet L 1 landscape concept dated 11 /24/2015 shows trees #2 , 3 , 4 , and #5 to be removed , while all remaining trees are to be protected in place (trees #1, 6, 7 , 8, 9). Trees #8 and #9 are not shown on any sheet, but were included by the CTA due to their canopies overhanging the property. Note that the sheet incorrectly shows North in the opposite direction from actual. All other sheets in the applicant's set appear to show the North azimuth in the correct orientation . Also note that the canopy of neighbor oak #7 is incorrectly shown as a very small perimeter, which gives the im p ression that the pro posed new res idence footprint will have no effect on the canopy of this tree, and that no new c learance pruning is required at all. See the CT A's tree map above in th is report fo r a more accurate representation of the canopy dripline. b. Irrigation: There was no irrigation plan sheet submitted by the applicant for this project, but from the concept planti ng scheme shown on sheet L 1, it appears that irrigation pipe trenching can be routed in such a manner as to not affect trees #1, 2 , 6, 7, 8, or #9 (not ver ified at time of writing ). c. Grading and Drainage: Sheet C .1 dated 5/20/2015 shows two items that may affect tree #1 being retained : • A proposed swale measuring two to three feet in width and unknown depth (assumed to be a soil swale graded by hand or by machine) is specified a s detail 1/C .2 . This swale will carry stormwater from the new residence downspouts that open up at the area just south of the canopy of magnoli a #1 being retained . This means that a graded swale will have to be hand-graded in the area just south of the canopy, and somehow graded to slope toward Clover Way. Although this does eliminate root zone damage to tree #1 that might have occurred if a PVC downspout drain/storm drain pipe were installed, it may still have a significant negative effect on the root zone of this tree if not overseen by an arborist to minimize depth of cuts and maximize horizontal offset distance between the tree and the swale. The root protection zone fence perimeter will need to remain in place while this swale work is performed , unless an ISA Certified Arborist is physically present on site during all portions of the swale grading . d . Utility Coordination Plan : Sheet C.3 dated 5/20/2015 shows various new trenches to be cut for new utility installation or renovation of e xisting p ipes or conduits. Some of these new installations may have a significant negative effect on the condition of trees being reta in ed: • A proposed joint trench is shown as "JT" for electrical cable, etc. as starting in the utility easement where the tree #8 protective fence perimeter will b e erected . Installation of the joint trench may require that tree fencing be temporarily removed f rom around th is tree's canopy. It is possible that tree #8 could also be affected. Given these trees' location on the neighboring property and minimal canopy overhang into our site , this is of lesser concern than other items proposed in the applicant's submitted set of plans . • A gas pipe line is shown along the south edge of the magnolia #1 canopy dripline. If th is line is existing and w ill not be renov ated , then there w ill be n o impacts to tree #1 from gas pipe trenching . If the line is to be upgraded with a new pipe trenched in using standard excavation methods, then the impact from this work on the root system of magnolia #1 will be minor to moderate if it is to be cut at 25 feet south of trunk as shown on the plan sheet. Site Address : 126 Clover, Los Gatos. C A Registe<ed Membe<. American Society of Consulting Arbonsts and Member of the lnte<national Society of Arbo<iculture ~Wa lter Levison 2015 All Ri ghts Reserved 9 of27 Version: 1/5/2016 ~Jb Walter Levison r CONSULTING ARBOR I ST ASCA Reg istered Consulting Arborist #401 /ISA Tree Risk Assessment Qualified /I SA Ce rti fied Arborist #WC-3172 I~ ~c).. .·::::·:::..~,...,.~. cell (415 ) 203-0990 I drtree@sbcglo bal.net • The proposed new sanitary sewer pipe shown at 10 to 11 feet south of the trunk of magnolia #1 will need to be installed using the pipe bursting and installation of flexible pipe method, in order to avoid severe root loss and root damage in this area . A lternat ively, the proposed new sewer pipe alignment could be relocated to an area at least 25 feet offset from the trunk of the tree to avoid severe root damage to th is tree. • The existing drinking water pipe alignment appears to be 26 to 27 feet north of the trunk edge of magnolia #1. There are no sheet notes indicating that this line will need to be renovated . Therefore , the CTA assumes it will remain in-situ and that no new trenching work will be required. e. Removal Fees and/or Mitigation: • Trees #2 , 3, 4 , and #5 to be removed are equivalent to replacement on site using ten (1 0) rep lacement planti ngs of minimum 15-gallon size. Per the applicant's landscape concept sheet L 1, fourteen (14) trees of the following species are to be installed on site, which appears to meet the minimum replacement of ten (10) 15-gallon trees at this single family residential site as required per the Town tree ordinance matrix of replacement planti ng equivalency: i. Cercis 'Forest Pansy' ii. Olea 'Swan Hill' iii. Melaleuca quinquenervia iv. Arbutus 'Marina' 6.0 Town of Los Gatos-What Trees are Protected? Per the 2015 iteration of the Town of Los Gatos tree ordinance (Town Code Chapter 29-Zoning Regulations, Article 1 ), the following regulations apply to a ll trees within the Town's jurisdiction (wordage adjusted): 1. All trees with at least a single mainstem measuring four (4) inches diameter or greater at 4.5 feet above grade are considered "Protected Trees " when removal relates to any development review. 2. 12 inch diameter (18 inch multistem total) trees on developed residential property not currently subj e ct to development review. 3. 8 inch diameter (8 inch multistem total) blue oak (Quercus dougtasi1), black oak (Quercus kellogil), California bu c keye (Aesculus cali fornica ), and Pacific madrone (Arbutus menziesil) on developed residential lots not currently subj ect to development rev iew. 4. 8 inch diameter (8 inch multistem total) trees on developed residential property not currently subject to development review, on lots in the designated Hillside Area per the official Town map. 5. All trees with a single mainstem or sum of multiple mainstems totaling 48 inches diameter or greater at 4.5 feet above grade are considered "large Protected Trees" (LPT). 6. All oak species (Quercus spp .), California buckeye (Aesculus californica), and Pacific madrone (Arbutus menziesil) with one or more mainstems totaling 24 inches diameter or more at 4.5 feet above grade are considered "Large Protected Trees" (LPT). Site Address: 126 Clover. Los Gatos. CA Registered Member. American Society of Consulting Arborists an d Member of lhe International Society of Arboriculture ~Waller Levison 2015 All Rights Reserved t o of27 Version: t /5/20 16 ~Jb Wa l ter Levison r CO NSULT I NG ARBOR I S T '\'\ ~+~ ..... ,_ ... ,.. ...... ·-.. ,. ___ AS CA Registered Cons ulting Arborist #401/ISA Tree Ri sk Assessme nt Qualified /ISA Ce rtified Arborist #WC-31 72 ce ll (415) 203-0990 I drtree@sbcgl oba l.net 7. Section 29.10.0965. Prohibitions: A permit is required to prune, trim , cut off, or perform any work , on a s ingle occasion or c umulatively, over a three- year period, affecting 25% or more of any Protected Tree (including below ground root system). 8 . Section 29.10.0965. Prohibitions : A permit is required to prune, trim , or cut any branch or root greater than fou r (4) inches in diameter of a Large Protected Tree. 9 . Section 29.10.0965. Prohibitions : A permit is required to conduct severe pruning on any protected tree . Severe pruning is defined in section 29.10.0955 as "topping or removal of foliage or significant scaffold limbs or large diameter branches so as to cause permanent damage and/or disfigurement of a tree , and/or which does not meet specific pruning goals and objectives as set forth in the c urrent version of the International Society of Arboriculture Best Management Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub , and Other Woody Plant Management-Sta ndard Practices, (Pruning)." 10. Exceptions: Severe Pruning Exception in Town Code section 29.10.1 01 0(3) " ..... e xcept for pollard ing of fruitless mulberry (Morus alba ) or other spec ies approved by the Town Arborist. ... •. Protected Tree E xceptions: a . Edible fru it or nut bearing trees less than 18 inches diameter (multistem total or single ste m) b. Acacia melanoxylon (blackwood acacia) less than 24 inches (multistem total or single stem) c. Liriodendron tulipifera (tulip tree) less than 24 inches (multistem total or single stem) d . Ailanthus altissima (tree of heaven) less than 24 inches (multistem total or s ingle stem) e . Eucalyptus globulus (Tasmanian blue gum) less than 24 inches (multistem total or single stem ) f . Eucalyptus camaldulensis (River red gum) less than 24 inches (multistem total or single stem) g . Other eucalyptus species (E. spp .) not noted above, less than 24 inches (multistem total or single stem ) (REMOVAL O.K. ONLY AT HILLSIDE AREA LOCATIONS PER OFFICIAL TOWN MAP): www .losgatosca .govl documentcenter/view/1 76 h. All palm species (except Phoenix canariensis) le ss than 24 inches (multistem total or single stem) i. Ligustrum lucidum (glossy privet) less than 24 inches (multistem total or single stem) Site Address: 126 Clover. Los Gatos. CA Registered Member, American Soci ety of Consulting Arborists and Member of the In ternational Society of Arboriculture C> Walter Levison 201 5 All Ri gh ts Reserved 11 of27 Version : 1/512016 ~J)J ~~~~~r.N !:~~ig~~ i!\. AS CA Registered Consulting Arborist #401 /ISA Tree Risk Assessment Qualified /I SA C ertified Arborist #WC-3 172 c ell (415) 203-0990 I drtree@ sbcglobal.net 7 .0 Recommendations 1. Project Arborist ("PA"): It is suggested that a third party ASCA reg istered consulting arborist or ISA Certified Arborist with good experience with tree protection during construction be retained by the applicant, to provide pre-project verification that tree protection and maintenance measures outlined in this section of the arborist report are adhered to. Periodic (e.g . monthly) inspections and summary reporting, if required as a project condition of approval , are suggested in order to verify contractor compliance with tree protection throughout the site plan project. This person will be referred to as the project arborist ("PA"). The PA should monitor soil moisture w ithin the root protection zones of trees being retained, using a Lincoln soil moisture probe/meter or equivalent. If required, inspection reports shall be sent to Ms. Jocelyn Puga , Assistant Planner, Town of Los Gatos at: JPuga@losqatosca.gov 2. Project Team Verifications Required : a. Project team shall verify locations of all proposed irrigation piping. All piping proposed within 25 feet of trees being retai ned shall be eliminated and replaced with over-grade flex ible tubing (e.g. Agrifim brand , etc.) to avoid all trenching associated with pipe installation . b. Project team shall verify that the existing retaining wall will remain as-is with no modifications within 10 feet of the trunk of plum #6 , as stated on the landscape concept sheet L.1 dated 11/24/2015. 3. Site Plan Design Ad justments: a. Proposed sanitary sewer (SS) shall be realigned to a location 25 feet min. offset from the trunk of magnolia #1 . Alternatively, if the new sewer pipe will be installed as proposed within 25 feet of the trunk of tree #1, then installation shall be per use only of trenchless technology such as the "pipe burst and flexible pipe replacement" method. b . Drainage Swales : Proposed drainage swale between magnolia #1 and the proposed new residence footprint shall be hand-graded using only small hand tools (e.g. shovel , wheelbarrow , etc.). Drainage swales shall be oriented in such as manner as to maintain a horizontal offset of at least 20 feet from the trunk of magnolia #1 to avoid causing undue root damage. Under no circumstances shall tree root protection zone fencing be moved or removed to allow for drainage swale grading . c. Gas and water pipes: All existing gas and water lines shall rem a in in-situ as-is with no additional trenching with in 25 feet of magnolia #1 . If for any reason either of these pipes shall be replaced, all trenching shall occur at least 25 or more from the trunk edge of magnolia #1 . d. Other utilities and drainage lines: Keep all other proposed new utility trenching and drain line trenching (e.g. cable TV, fire water, internet, high voltage electric, low voltage landscape lighting, sewer, storm drain lines, Christy boxes , downspout drain lines, etc., at least 25 horizontal feet out from the trunk edges of all trees being retained . e. Joint Trench Work: Offset joint trench work from trees #8 and #9 such that the root protection zone cha in link fence perimeters are not moved or removed during the work. Site Addre ss: 126 Clover. Los Gatos. CA Registered Member. A merican Society of Consulting Arborists and Member of the International Society of Arboriculture © Walter Levison 2015 All Rights Re served 12of27 Version: 11512016 ~Jb Walter Levison r CONSU LT ING AR B ORIST I ~ .~~ ASCA Registered Co nsulting Arborist #401/ISA Tree Risk Assessment Qualified /ISA Certified Arborist #WC-3172 cell (415) 203-0990 I drtree @sbcg lobal.net 4. Special Activity Monitoring by Project Arborist: Oak #7: Vertical clearance pruning and horizontal clearance pruning of neighbor oak #7 shall be completely overseen on-site by an ISA Certified Arborist and documented with still image digital photography provided to the Town inspectors . All pruning shall be in accordance with the most current iteration of ANSI-A300 guidelines and standards for tree pruning . 5. Tree Removal : Trees #2 , 3, 4 , and #5 shall not be removed until the project team is given an official permit to proceed with this work. All landscape tree installations shall be performed as currently proposed , and will count as the full replacement requirement for loss of these four (4) trees from the project site. 6. Tree Valuation (Appraisal) and Tree Security Bond Posting : The values of all trees on and adjacent to the site being retained were determined by the CTA using the trunk formula method as outlined in the 91h edition of the Guide for Plant Appraisal. Trunk cross sectional area for each tree with multiple mainstems was calculated by totaling the sum of the cross sectional areas of the mainstems, and entering that number into the trunk formula . Tree Tag Number (Retention Trees Appraised Value (Trunk Formula Method} Only) 1 $9,000. 6 $860 . 7 $1,810. 8 $520 . 9 $350. The Town tree ordinance contains wordage that allows for the Town to condition that applicants post a tree bond with the Town in the amount of $5 ,000 per each tree required to be retained, or $25 ,000, whichever is less. I The CTA suggests that, based on the above appra ised dollar values of the trees being reta ined as determined by the CTA, a standard tree security bond be posted by the applicant with the City in the amount of $5 ,000 X (3 trees at risk of significant damage)= $15,000 to account for potential damages to trees #1 , #6, and #7 which were determ ined to have a total appraised value of $11 ,670. Neighbor-trees #8 and #9 have a low damage expectancy, and were not included in the $15,000 bond calculation. Site Address: 126 Clover . Los Gatos. CA Registered Member. American SOCiety of Consulting Arborists and Member of the International SOCiety of Arboriculture ~Walter Levison 2015 All Rights Reserved 13 of27 Version: 1151201 6 ~Jb Walter Levison r CO NSULT I NG AABORIS T ,\\. ~f~ . ";,::..-· :-.:~: .. ~ ·::..': .. ASCA Registered Consulting Arborist #401/ISA Tree Risk Assessment Qualified /I SA Certified Arborist #WC-3172 cell (415) 203-0990 I drtree@sbcglobal.net (b) The tree survey plan shall be reviewed by the Town's consulting arborist who shall , after making a field visit to the property, indicate in writing or as shown on approved plans , which trees are recommended for preservation (based on a retention rating of high/moderate/low) using, as a minimum , the Standards of Review set forth in section 29.10.0990 . This plan shall be made part of the staff report to the Town reviewing body upon its consideration of the application for new property development; (c) When development impacts are within the dripline of or will affect any protected tree, the applicant shall provide a tree preservation report prepared by a certified or consulting arborist. The report , based on the findings of the tree survey plan and other relevant information, shall be used to determine the health and structure of existing trees, the effects of the proposed development and vegetation removal upon the trees, recommendations for specific precautions necessary for their preservation during all phases of development (demolition, grading, during construction, landscaping); and shall also indicate which trees are proposed for removal. The tree preservation report shall stipulate a required tree protection zone (TPZ) for trees to be retained , including street trees , protected trees and trees whose canopies are hanging over the project site from adjacent properties . The TPZ shall be fenced as specified in section 29 .1 0.1005: (1) The final approved tree preservation report shall be included in the building permit set of development plans and printed on a sheet titled: Tree Preservation Instructions (Sheet T -1 ). Sheet T -1 shall be referenced on all relevant sheets (civil , demolition , utility, landscape, irrigation) where tree impacts from improvements may be shown to occur; (2) The Town reviewing body through its site and design plan review shall endeavor to protect all trees recommended for preservation by the Town's consulting arborist. The Town reviewing body may determine if any of the trees recommended for preservation should be removed , if based upon the evidence submitted the reviewing body determines that due to special site grading or other unusual characteristics associated with the property, the preservation of the tree(s) would significantly preclude feasible development of the property as described in section 29.1 0.0990; (3) Approval of final site or landscape plans by the appropriate Town reviewing body shall comply with the following requirements and conditions of approval : a. The applicant shall , within ninety (90) days of final approval or prior to issuance of a grading or building permit, whichever occurs first , secure an appraisal of the condition and value of all trees included in the tree report affected by the development that are required to remain within the development using the Tree Value Standard methodology as set forth in this Chapter. The appraisal of each tree shall recognize the locatio n of the tree in the proposed development. The appraisal shall be performed in accordance with the current edition of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers (CTLA) and the Species and Group Classification Guide published by the Western Chapter of the International Society of Arboriculture. The appraisal shall be performed at the applicant's expense , and the appraisal shall be subject to the Director's approval. b. The site or landscape plans shall indicate which trees are to be removed. However, the plans do not constitute approval to remove a tree until a separate permit is granted . The property owner or applicant shall obtain a protected tree removal permit, as outlined in section 29.10.0980, for each tree to be removed to satisfy the purpose of thi s division . (d) Prior to acceptance of proposed development or subdivision improvements , the developer shall submit to the Director a final tre e preservation rep ort prepared by a certified or consulting arborist. This report shall consider all trees that were to remain within the development. The report shall note the trees' health in relation to the initially reported condition of the tree s and shall note any changes in the trees' numbers or physical co ndition s. The applicant will then be responsible for the loss of any tree not previously approved for removal. For protected trees, which were removed, the developer shall pay a penalty in the amount of the appraised value of such tree in addition to repla cement requirements contained in section 29.10.0985 of this Code. The applicant shall remain responsible for the health and survival of all trees within the development for a period of five (5) years Site Address: 126 Clover. Los Gatos . CA Registered Member. American Society of Consulting Arborists and Member of the International Society of Arboriculture C> Walter Levison 2015 All Rights Reserved lOOf27 Version: 11512016 ~lb Walter Levison r CONSULT I NG AR B ORIS T ASCA Registered Consulting Arborist #401 /ISA Tree Risk Assessment Qualified /ISA Certified Arborist #WC-3172 following acceptance of the public improvements of the development or certificate of occupancy. ~:\ ~~).. "'-=~"' :"'.:"" .. ·;.:,:.;:·. cell (4 15) 203-0990 I drtree@sbcglobal.net (e) Prior to issuance of any demolition, grading or building perm it , the applicant or contractor shall submit to the Bui lding Department a written statement and photographs verifying that the required tree protection fence is installed around street trees and protected trees in accordance with the tree preservation report . (f) If required by the Director and conditioned as part of a discretionary approval , a security guarantee shall be provided to the Town. Prior to the issuance of any permit allowing construction to begin, the applicant shall post cash , bond or other security satisfactory to the Director, in the penal sum of five thousand dollars ($5,000.00) for each tree required to be preserved, or twenty-fiv e thousand dollars ($25,000.00), whichever is less. The cash, bond or other security shall be retained for a period of one (1) year following acceptance of the public improvements for the development and sha ll be forfeited in an amount equal to five thousand dollars ($5,000.00) per tree as a civil penalty in the event that a tree or trees required to be preserved are removed , destroyed or severely damaged . (g) An applicant with a proposed development which requires underground utilities shall avoid the installation of said util ities within the dripline of existing trees whenever possible. In the event that this is unavoidable , all trenching shall be done using directional boring, air-spade excavation or by hand , taking extreme caution to avoid damage to the root structure. Work within the dripline of existing trees shall be supervised at all times by a certified or consulting arborist. (h) It shall be a violation of this division for any property owner or agent of the owner to fail to comply with any development approval condition concerning preservation , protection, and maintenance of any protected tree. (Ord. No. 2114, §§I, II , 8-4-03) Sec. 29.10 .1005. Protection of trees during construction. (a) Protective tree fencing shall specify the following: (1) Size and materials. Six (6) foot high chain link fencing, mounted on two-inch diameter galvanized iron posts , shall be driven into the ground to a depth of at least two (2) feet at no more than 10-foot spacing . For paving area that will not be demolished and when stipulated in a tree preservation plan, posts may be supported by a concrete base . (2) Area type to be fenced. Type 1: Enclosure with chain link fencing of either the entire dripline area or at the tree protection zone (TPZ), when specified by a certified or consulting arborist. Type II: Enclosure for street trees located in a planter strip: chain link fe nc e around the entire planter strip to the outer branches. Type Ill: Protection for a tree located in a small planter cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with 2-inch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or branches. (3) Duration of Type I, II , Ill fencing . Fencing shall be erected before demolition , grading or construction perm its are issued and remain in place until the work is completed. Contractor shall first obtain the approval of the project arborist on record prior to removing a t ree protection fence . (4) Warning sign . Each tree fence shall have prominently displayed an 8.5 x 11-inch sign stating: 'Warning-Tree Protection Zone-this fence sha ll not be removed and is subject to penalty according to Town Code 29.10.1025". (b) All persons, shall comply with the following precautions: Site Address: 126 Clover. Los Gatos. CA Registered Member. American Society of Consulting Arborists and Member of the International Society of Arboriculture C> Walter Levi son 2015 All Rights Reserved 19 of27 Version: 1/512016 ~}~ ~~!t~r.N~~~i~~~ ASCA Registered Consulting Arborist #401 /ISA Tree Risk Assessment Qualified /I SA Certified Arborist tfNC-3172 ~~ .,Itt~ .. cell (415) 203-0990 I drtree@sbcglobal .net (1) Prior to the commencement of construction, install the fence at the dripline, or tree protection zone (TPZ) when specified in an approved arborist report, around any tree and /or vegetation to be retained which could be affected by the construction and prohibit any storage of construct ion materials or other materials, equipment cleaning , or parking of vehicles w ithin the TPZ. The dripline shall not be altered in any way so as to increase the encroachment of the construction. (2) Prohibit all construction activities within the TPZ, including but not limited to: excavation , grading, drainage and leveling within the dripl ine of the tree unless approved by the Director. (3) Prohibit disposal or depositing of oil, gasoline , chemicals or other harmful materials within the dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected tree . (4) Prohibit the attachment of wires, signs or ropes to any protected tree. (5) Design utility services and irrigation lines to be located outside of the dripline when feasible . (6) Retain the services of a certified or consulting arborist who shall serve as the project arborist for periodic monitoring of the project site and the health of those trees to be preserved. The project arborist shall be present whenever activities occur which may pose a potential threat to the health of the trees to be preserved and shall document all site visits. (7) The Director and project arborist shall be notified of any damage that occurs to a protected tree during construction so that proper treatment may be administered. (Ord. No. 2114, §§I, II, 8-4-03) Sec. 29.10.1010. Pruning and maintenance. All pruning shall be in accordance with the current version of the International Society of Arboriculture Best Management Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub and Other Woody Plant Management-Standard Practices, (Pruning) and any special conditions as determined by the Director. For developments, which require a tree preservation report , a certified or consulting arborist shall be in reasonable charge of all activities involving protected trees , including pruning, cabling and any other work if specified. (1) Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a protected tree shall obta in permission from the Director before performing any work , including pruning, which may cause injury to a protected tree. (e.g. cable TV/fi ber optic trenching, gas , water, sewer trench , etc.). (2) Pruning for clearance of utility lines and energized conductors shall be performed in compliance with the current version of the American National Standards Institute (ANSI) A300 (Part 1 )-Pruning , Section 5.9 Utility Pruning . Us ing spikes or gaffs when pruning , except where no other alternative is available, is prohibited . (3) No person shall prune , trim, cut off, or perform any work, on a single occasion or cumulatively, over a three-year period , affecting twenty-five percent or more of the crown of any protected tree without first obtaining a permit pursuant to this division except for pollarding of fruitless mulberry trees (Morus alba) or other species approved by the Town Arborist. Applicati ons for a pruning permit shall include photographs indicating where pruning is proposed. (4) No person shall remove any Heritage tree or large protected tree branch or root through pruning or other method greater than four (4) inches in diameter (12.5" in circumference) without first obtaining a permit pursuant to this division. Site Add ress: 126 Clover. Los Gatos, CA Registered Member, American Society of Consulting Art>orists a nd Member o f the International Society of Arboriculture c:> Walter Levison 2015 All Rights Reserved 20 of27 Version: 1/512016 ~Jb Walter Levison r CONSU LT I NG ARBORIS T I~ ~}).. "':.' "::'-:';'.-;:..:... .-:.:..:~. ASCA Registered Consulting Arborist #401 1 1SA Tree Risk As sessment Qualified l iSA Certified Arborist #V'.JC-3 172 cell ( 415 ) 203-0990 I drtree@sbcglobal.net (Ord. No. 2114, §§ I , II , 8-4-03) 9.0 Tree Replacement Standards -los Gatos Town Code (Excerpted from Town Code 29.10.0985 and 29 .1 0.0987) (1) Two (2) or more replacement trees, of a species and size designated by the Director, shall be planted on the subject private property. Table 3-1 The Tree Canopy-Replacement Standard shall be used as a basis for this requirement. The person requesting the permit shall pay the cost of purchasing and planting the replacement trees. (2) If a tree or trees cannot be reasonably planted on the subject property, an in-lieu payment in an amount set forth by the Town Council by resolution shall be paid to the Town Tree Replacement Fund to : a. Add or replace trees on public property in the vicinity of the subject property; or b. Add or replace trees or landscaping on other Town property; or c. Support the Town 's urban forestry management program. (Ord. No. 2114, §§I, II , 8-4-03) Table 3-1 -Tree Canopy-Replacement Standard - Canopy Size of Removed Tree 1 Replacement Requirement2 ------------. ~---·-·---------------···------··-·-··---·-··--·-· Single Family , Residential . -----~~.P.!~.C::.!!!'.!!:I.L ................... . 1 0 feet or less Two 24 inch box trees Two 15 gallon trees -------· More than 1 0 feet to 25 feet Three 24 inch box trees Three 15 gallon trees I More than 25 feet to 40 feet , Four 24 inch box trees; or I Two 36 inch box trees I I More than 40 feet to 55 feet Six 24 inch box trees; ] or Three 36 inch box --. Four 15 gallon trees Not Available i , Ten 24 inch box trees ; or Not Available I 1 Greater than 55 feet I Five 36 inch box trees ----------------·------------~ I Notes 1To measure an asymmetrical canopy of a tree, the widest measurement shall be used to determine canopy size . Site Address: 126 Clover. Los Gatos, CA Registered Member, American Socie ty of Consulting Arborists and Member of the International Society of Arboriculture C> Walter Levison 2015 All Rights Reserved 2 1 of 27 Version: 1/512016 ~]b Walter Levison r CONSULTING ARBORIST ASCA Registered Consulti ng Arborist #401/ISA Tree Risk Assessment Qualified /I SA Certified Arborist #WC-3172 '\~ ~}.. ... ___ ............ .... -· ........ --··· cell (415 ) 203-0990 I drtree@sbcglobal.net 2otten , it is not possible to replace a single large, older tree with an equivalent tree(s). In this case , the tree may be replaced with a combination of both the Tree Canopy Replacement Standard and in-lieu payment in an amount set forth by Town Council resolution paid to the Town Tree Replacement Fund . 3Single Fam ily Residential Replacement Option is available for developed single family resident ia l lots under 10,000 square feet that are not subject to the Town 's Hillside Development Standards and Guidelines . All 15-gallon trees must be planted on-site. An y in-lieu fees for single family residential shall be based on 24" box tree rates as adopted by Town Council. 4 Replacement Trees shall be approved by the Town Arborist and shall be of a species suited to the available planting locat ion, proximity to structures , overhead clearances, soil type , compatibility with surrounding canopy and other relevant factors . Replacement with native species shall be strongl y encouraged. Replacement requirements in the Hillsides shall comply with the Hillside Development Standards and Guidelines Appendix A and Section 29.10.0987 Special Provisions--Hillsides. Sec. 29.10.0987. Special Provisions-Hillsides The Town of Los Gatos recognizes its hillsides as an important natural resource and sensitive habitat which is also a key component of the Town 's identity, character and charm. In order to maintain and encourage restorat ion of the hillside environment to its natural state , the Town has established the following special provisions for tree removal and replacement in the hillsides : (1) All protected trees located 30 or more feet from the primary residence that are removed shall be replaced with native trees listed in Appendix A Recommended Native Trees for Hillside Areas of the Town of Los Gatos Hillside Development Standards and Guidelines (HDS&G ). (2) All protected trees located within 30 feet of the primary residence that are removed shall be replaced as follows: (a) If the removed tree is a native tree listed in Appendix A of the HDS&G , it shall only be replaced with a native tree listed in Appendix A of the HDS&G . (b) If the removed tree is not listed in Appendix A, it may be replaced with a tree listed in Appendix A, or replaced with another species of tree as approved by the Director. (c) Replacement trees listed in Appendix A may be planted anywhere on the property. (d) Replacement trees not listed in Appendix A may only be planted within 30 feet of the primary residence . (3) Replacement requirements shall comply with the requirements in Table 3-1 Tree Canopy Replacement Standard of this Code. (4) Property owners should be encouraged to retain dead or declining trees where they do not pose a safety or fire hazard , in order to foster wildlife habitat and the natural renewal of the hillside environment. Site Address : 126 Clover. Los Gatos, CA Registered Member, American Society of Consulting Art>orists and Member of the International Society of Art>oriculture C> Walter Levison 2015 Al l Rights Reserved 22 of 27 Version : 1/512016 ~)b Walter Levison r CO N SUL T I N G A RB OR I S T ASCA Registered Consulting Arborist #401 /ISA Tree Risk Assessment Qualified /ISA Certified Arborist #WC-3172 10.0 Author's Qualifications • Contract Town Arborist, Town of Los Gatos, California Community Development Department I Planning Division 2015-onward • ISA Qualified Tree Risk Assessor • ASCA Registered Consulting Arborist #401 • Millbrae Community Preservation Comm ission (Tree Board) 2001-2006 • ASCA Arboriculture Consulting Academy graduate, class of 2000 • ISA Certified Arborist #WC-3172 • B.A. Environmental Studies/Soil and Water Resources UC Santa Cruz, Santa Cruz, California 1990 • Peace Corps Soil and Water Conservation Extension Agent Chiangmai Province , Thailand 1991-1993 • Associate Consulting Arborist Barrie D. Coate and Associates 4/99-8/99 • Contract City Arborist, City of Belmont, California Planning and Community Development Department 5/99-present -~ iMA . ~-:::-::: ::-~ ... : •. :.::::..::: ... cell (415) 203-0990 / drtree@sbcglobal.net • Continued education through attendance of arboriculture lectures and forums sponsored by The A merican Society of Consulti ng Arborists , The International Society of Arboriculture (Western Chapter), and various governmental and non-governmental entities. (My full curriculum vitae is available upon request) Site Address: 126 Clover. Los Gatos. C A Registered Member. American Society of Consulting Arborists and Member of the International Society of Arboriculture c Walter Levison 2015 All Rights Reserved 23-of 21 Version: 1/512016 ~))J Walter Levison CO NSU LTING ARBORIST I~ .~t\. ASCA Registered Consulting Arborist #401 /ISA Tree Risk Assessment Qualified /I SA Certified Arborist #WC-3172 cell (415) 203-0990 I drtree@sbcglobal.net 11.0 Assumptions and Limiting Conditions Any legal description provided to the consu ltant/appraiser is assumed to be correct. Any titles and ownership to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is appra ised and evaluated as through free and clean , under responsible ownership and competent management. It is assumed that any property is not in violation of any applicable codes, ordinance, statutes, or other government regulations. Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible ; however, the consultant/appraiser can neither guarantee nor be responsible for the accuracy of information provided by others. The consultant/appraiser shall not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement. Unless required by law otherwise, the possession of this report or a copy thereof does not imply right of publication or use for any other purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal consent of the consultant/appraiser. Unless required by law otherwise, neither all nor any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public relations, news, sales, or other media, without the prior expressed conclusions, identity of the consultant/appraiser, or any reference to any professional society or institute or to any initiated designation conferred upon the consultant/appraiser as stated in his qualifications. This report and any values expressed herein represent the opinion of the consultant/appraiser, and the consultant's! appraiser's fee is in no way contingent upon the reporting of a specified value , a stipulated result, the occurrence of a subsequent event, nor upon any finding to be reported . Sketches, drawings, and photographs in this report, being intended for visual aids, are not necessarily to scale and should not be construed as engineering or architectural reports or surveys unless expressed otherwise . The reproduction of any information generated by engineers , architects, or other consultants on any sketches, drawings, or photographs is for the express purpose of coordination and ease of reference only . Inclusion of said information on any drawings or other documents does not constitute a representation by Walter Levison to the sufficiency or accuracy of said information . Unless expressed otherwise: a. information contained in this report covers only those items that were examined and reflects the conditions of those items at the time of inspection; and b . the inspection is limited to visual examination of accessible items without dissection , excavation, probing , or coring. There is no warranty or guarantee, expressed or implied , that problems or deficiencies of the plants or property in question may not arise in the future . Loss or alteration of any part of this report inva lidates the entire report. Arborist Disclosure Statement Arborists are tree special ists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees , and attempt to reduce the risk of living near trees . Clients may choose to accept or disregard the recommendations of the arbor ist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree . Tree are living organisms that fail in ways we do not fully understand . Conditions are often hidden within trees and below ground. Arborist cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments , like any medicine, cannot be guaranteed. Treatment , pruning, and removal of trees may involve considerations beyond the scope of the arborisfs services such as property boundaries, property ownership , site lines, disputes between neighbors , and other issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist should then be expected to reasonably rely upon the completeness and a ccuracy of the information provided. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate the trees. Site Address: 126 Clover, Los Gatos . CA Registered Member, American Society of Consulting Artlorists and Member of the lnternatiooal Society of Artloricultu re C> Walter Le vison 2015 All Rights Reserved 24of27 Version: 11512016 January 11, 20 I6 M s. Jocelyn Puga Community Development Department Town of Los Gatos II 0 E . Main Stree t Los Gatos, CA 9503I RE: 126 Clover Way Dear Jocelyn: ARC HITECTURE PLANNING I reviewed the drawings, and visited site. My comments and recommendation s are as follows: N eighbo rhood Context URBAN DESI GN RECE~VED JA 1 11 2016 TO\.\t J OF LOS GATOS PLANNING DIVISION The site is located in a neighborhood containing predominately one-story Ranch Style homes. Most of the homes have so me elevation above street level due to the topography of the area. Photos of the site are shown on the following page . 700 LARKS PUR LAN DING C IR CLE . SU ITE 199 . LARKSPUR . CA . 94939 EXHIBIT 7 TEL: 41 5.33 1 .3795 UJGI'LAN@f'A(Illll.NL I This Page Intentionally Left Blank / \ January 25, 2016 For: Los Gatos Planning Department and Planning Commiss ion Regarding: ( FEU 2 4 2016 TOWN OF LOS GATOS PLANNING DIVISION I) Responses to Cons ultin g Architects C omments about Proposed 126 Clover Way Proj ect 2) R espo nse t o Planning Department's concern s about unifonn notification of imm ediate neighb ors To The Los Gatos Planning Commiss ion and Planning Depa11ment: We appreciate the opportunity to comment and res pond to the recommendations that The Cannon Design Group and Larry Cannon made after evaluating the plans and design of our project. We were pleased that Mr. Cannon found the des ign , scope, massing, and scale of our project favorable on its own merits and in the context of the neighborhood-per his comments: "it is well designed with forms, scale and materials that.are compatible with the traditional Ranch Style homes nearby". Mr. Cannon had three points of consideration associated with our design. I would like to use this letter to explain how we addressed and incorporated Mr. Cannon's comments into our final design. 1) Architectural Entry Wall Height: Mr. Cannon stated: "The wall at the entry on Olde Drive is somewhat discordant with the Ranch Style form of the home and roof. I do believe the design would be better if that vertical element did not extend above the eave line." We incorporated Mr. Cannon's recommendation and decreased the size of the entry wall and changed the material to stone fac;ade used elsewhere on the house so that it is less prominent, more consistent with the entries of surrounding houses, but still provides adequate architectural attention to the entry portion of the house. When we modeled designs with the entry wall completely under the eave line as Mr. Cannon suggested, the entry of the house became indistinct and the overall balance and design of the house suffered. Consequently, we feel that the dramatically decreased height of the architectural entry wall now clad in the same stone fac;ade as is present on the wainscoting throughout the exterior ofthe house brings balance, uniformity, and adequate distinction to the home 's entry while s imultaneous ly addressing Mr. Cannon's concern about prominence and discordance . 2) Standing Seam Metal Roof: Mr. Cannon expressed concern over our choice of roofing material n o t being consistent with the composition, shake, adobe tile, and faux s late tile roofing materials of surrounding homes in our immediate nei ghborh ood . After careful co n s ideration and deliberation of hi s concern, we have d ecid ed to keep the standing seam metal roof in our final des ign. EXHIBIT 8 While composition and shake roofing are prominent roofing materials in our immediate and surrounding neighborhood, by no means is it the only material present. Neighbors have chosen roofing material to match the design of their homes-examples of materials used in the surrounding neighborhood include: shake, terra cotta tiles, faux stone, slate, composition, and standing seam metal. As such, we agree with Mr. Cannon that the standing seam metal roof is consistent with the de s ign of our home, and we feel it best compliments the overall design. While we understand Mr. Cannon's point about the importance ofuniformity of roofing materials in the neighborhood , he failed to mention that all three of our immediate sun·ounding neighbors ( 120 Clover, 1 30 Clover, 158 Clover) have prominent photovoltaic and water solar panel systems mounted on their street side roofs, which completely disrupts any aesthetic uniformity of material used in the neighborhood roofs, and seems to weaken the argument that roofs in a neighborhood should all be made of composition tile or shake. We feel that the roofs in a neighborhood of well-designed homes should be of a material that best compliments the design and aesthetic of the homes they sit atop. Most importantly, we chose the standing seam metal roofing material for multiple reasons besides aesthetics-it is one of the most environmentally friendly roofing products available. It is completely recyclable, it uses no petroleum products in its manufacturing, it is green rated in its solar reflectance properties, its functional lifespan is longer than any other product on the market including clay tiles and composition tiles, it is ideally suited for supporting photovoltaic solar panels using clips on the standing seams that do not require penetration into the roofing material, and its color and reflectance is consistent with the darker roof colors used throughout the neighborhood. While there are no standing seam metal roofs on Clover Way, they are installed throughout our surrounding Kennedy Road neighborhood and throughout Los Gatos because of their clean aesthetics, and their beneficial environmental and structural properties listed above. Examples of Standing Seam Roofs in our surrounding neighborhood can be found on at least 7 beautifully designed homes/s tructures within 1.2 mile radius of our home on Topping Way, South Kennedy Road, Mill Creek Way, Shannon Road and on the Blossom Hill School. We hope the Commission can appreciate the numerous factors that went into our choice of roofing material and can understand why we have decided to keep a standing seam metal roof for our project. 3) Limiting the prominence ofthe garage: We have incorporated Mr. Cannon's suggestion and changed the garage stucco color to be the same as the house's main facade. We feel this change addresses his concern of limiting the garage's prominence. We hope that our reconciliation of these three points have adequately addressed the issues raised by Mr. Cannon's, and thereby have addressed any potential concerns that the Planning Commission might have about our project. Lastly, to address T he Pl a nnin g Department's co n cern about not ificatio n of a ll immediate ne ighbors, s pecifica ll y those at 104 O ld e Rd a nd 140 C lover Way. As of 1/25/20 16 a ll of o ur imm ediat e neighbors, inc luding those res idin g at I 04 O lde Rd and 140 C lover Way have received an ex tens ive project package wi th w ritten goals, project scope, n ew floor p lans, 3D CAD desig n images, a nd la nd scape plans. A ll of o ur ne ighbors have expressed written o r verbal unanimou s s upp ort for the design and scope of our project. Th is sup port includes residents of 120 C lover, 130 C lover, 136 Clover, 140 C lover , 146 C lover, 152 Clover, 158 C lover, and I 04 O lde Rd. A ll written respo n ses ha ve been in c luded fo r reference. We look forward to s peaking w ith th e Commission a bout ou r project. S in cere R egard s, M ichae l P a ige and Kristin Schue ler This Page Intentionally Left Blank Addendum 3: Neighbor Letter s of Support Email Feedback from The Can s at 158 Clover Way : Marj i , T hanks for the feedback . We are glad you liked the p roposed plans . The architect is Eugene Sakai who owns StudioS Squared. He is fantastic , we have been very pleased with his level of service , product and value. This type of project should take 12 months in contractor time , which realistically means it wi ll be more l ike 18 months. We haven't yet chosen a contractor but we have many local ones in mind. We wanted to get through the town planning committee before sending out to bid . Thank you for taking the time to look at the plans. Ta lk soon. Mike Michael Paige , M.D. Director of Practice Development CEP America 408-354 -2214 office 408 -438-0523 mobile MichaeiPaige@cep.com --------Original message -------- From: Marjorie Cahn Date:04/13/2015 1 :13AM (GMT-08:00) To: "Paige , Michael M.D." Subject: Re : Paige 126 Clover Remodel Project Documents for Neighbors Hi Mike and Kristin , Wow! You have been busy planning a sensational remodel. T he plans look fantastic . How long will it take to build? Who was the architect who did such a nice job? Congratulations on your new project! Margie and Ed EXHIBIT 9 RECE6VED DEC 07 /t'1~ T O\tVN OF LOS GATOS PLANNii'I!G D IVI S IO N Feedback from Elisabeth and Matthew Stable at 130 Clover Way : Eli sabe th Staub le [elisabeth@ neomailbox. net ] W ed nesday, November 11 , 2015 3 :08 PM You forwa rded this message on 11 /11/2015 4 :23PM. Hi Michael and Kristin , Your plans look amazing! I have two questions. What will the final square footage be? We (and our architect) would like to know as we are in the process of remodeling ou r house and as you know , "they" look at the homes surrounding ours , and their square footage. We are planning on adding a 2nd story to include two bedrooms and a bathroom. The addition would be above the back side of the house (behind the garage) so that we can maintain a mostly ranch-style home. Our final square footage will be around 3,000 sq ft . Also , and sadly, I read that you are doing a complete demolition of your existing home and therefore, that must mean that you are moving elsewhere during your remodel. We look forward to getting to know you as neighbors, you seam like g reat people. Do you have a move- out date and a job-completion date? Thanks , Elisabeth and Matthew Planning and Design Department City of Los Gatos Re: 126 Clover Way Dear Sir or Madam: I have reviewed the plans and design for the proposed project at the above address with the property Owners (Michael Paige and Kristin Schueler). and hav e no objections at this time. Sincerely, .),411/ & .,. t 0-1/2.1.! ;34J 0 /af k: (name)~~ /c(/ CL,t?V'~,.Z W4_,Y (street address) LC?J 6"r17.Pf r~ .9 .roJz_ (City/State/Zip) 'f?..~-;(tr 7 (date) Letter of Support from Kris Kamali (Town Member and Realtor) COLDWELL BANKER RESI DEN TI AL BRO KERAGE April17, 2015 los Gatos Planning Commission Re : 126 Clover Way, los Gatos To Whom it May Concern , 410 N. Santa Cru z Ave . Los Gatos, CA 950303 408 .355 .1599 FAX I write in support of the proposed remodel project submitted to you by homeowners M i ke Pa ige and Kristin Schuler. As a realtor in los Gatos for the last 8 years , I have come to appreciate the variety of architectura l home designs and the tastes of our resident s. While homeowners want to personalize their properties, I respect the need for the Town to maintain an integrated style and "feel" that is cons istent with its heritage. I believe that this design is an excellent modernization of a traditional ranch home. Not only does it respect the single-story limitation that is the hallmark of the Surrey Farms neighborhood, but it also looks to promote eco-friendly design elements both ins ide and out. Similar projects have already been built in the area, including homes such as 16590 Shannon Rd , 16538 Topping Way, and even at down the street at 178longmeadow. As a community, we must strive to appreciate advances in architectur al design when well-balanced against the existing landscape of properties that have yet to be renovated . I believe this design readily meets that criteria and would be a fantastic addition to the housing market. Sincerely, Kris Kamali , Esq. 408.656.4208 www.JennoferandKris.com info@JenniferandKr is.com This Page Intentionally Left Blank This Page Intentionally Left Blank