Attachment 01 part 1Planning Commission Staff Report -Page 2
18151 Overlook Road/S-14-056
April 13, 2016
FINDINGS :
CONS ID ERA TIONS :
ACTION :
EXHIBITS:
• 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 (nine pages)
4. Project Data Sheet (two pages)
5. Applicant's Letters of Justification, received August 14 , 2014
(one page) and February 17, 2016 (four pages)
6. Town's Consulting Arborist Report , received June 1, 2015
(25 pages)
7 . Amended Town's Consulting Arborist Report, received
September 21, 2015 (26 pages)
8. Original Development Plans (elevations only), received
August 14, 2014 and reviewed by the Town's Consulting
Architect (one page)
9. Town's Consulting Architect report, received April 29, 2015
(four pages)
10. Amended Town 's Consulting Architect Report, received
August 20, 2015 (four pages)
11. Amended Town's Consulting Architect Report, received
December 11, 2015 (five pages)
12. Email to Staff from Town 's Consulting Architect, received
January 6 , 2016 (one page)
13. Applicant 's Outreach Letter to Neighbors , received August 5,
2015 (two pages)
14. Public Comments received by 11 :00 a .m . April 7 , 2016
(26 pages)
15. Colors and Materials, received January 6, 2016 (one page)
16. Currently proposed Development Plans, received March 11 ,
2016 (12 pages)
Planning Commission Staff Report -Page 3
18151 Overlook Road/S-14-056
April 13,2016
BACKGROUND:
The subject site is located on the north side of Overlook Road, three properties west of the
intersection ofWissahickon Avenue and Overlook Road (see Exhibit 1). The non-conforming
lot is 7 ,000 square feet with an existing 1,646-square foot two-story residence and a 422 -square
foot garage built in 1971 . The immediate neighborhood is a mix of single-family homes and
multi-family housing and contains one and two-story homes .
The applicant proposes to demolish the existing house and construct a new 2,326-square foot
two-story residence with an 819-square foot cellar and a 244-square foot attached garage.
The lot is non-conforming due to the lot size and lot frontage. The proposed project meets all
technical requirements including parking, setbacks, height, floor area, and building coverage.
The project is being forwarded to the Planning Commission because neighborhood concerns
regarding mass, height, privacy and neighborhood compatibility could not be resolved .
PROJECT DESCRIPTION :
A . Architecture and Site Application
The applicant is proposing a 2 ,326-square foot two-story residence with an 819-square foot
cellar and a 244-square foot attached garage. The proposed contemporary craftsman style
residence would have a maximum height of 28 feet , three inches. The proposed materials
include: wood shingles, stone veneer, wood trim, wood clad windows with casings, and a
composite roof. A color and material sheet is provided in Exhibit 15. A color and material
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 on the north side of Overlook Road, three properties west of the
intersection ofWissahickon Avenue and Overlook Road (see Exhibit 1). Properties to the
west, north, and east contain single-family residences and multi-family units exist to the
south.
C. Zoning Compliance
The proposed project complies with the floor area, height, and building 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.
Planning Commission Staff Report -Page 4
18151 Overlook Road/S-14-056
April 13 , 201 6
ANALYSIS:
A. Floor Area
The applicant is proposing a 2 ,326-square foot two -story r esidence with an 819-square foot
cellar and a 244-square foot attached garage. The following Floor Area table reflects
propose d floor a rea and countable floor area pursuant to the Town Code.
Total Floor Area Countable Floor Area
Second Floor 946 946
First Floor 1,380 1,380
Cellar* 819 0
Garage** 244 0
Total 3,389 s.f. 2,326 s.f.
* Ce lla rs are except from countable floor area.
**Non-Hillside zon ed p r operties have a separate garage .floor area calculation.
Based on Town and County records , the residences in the immediate area range in size
from 1,876 square feet to 2 ,350 squ are feet. The floor area ratios (FAR) range from 0.25
FAR to 0.34 FAR. The proposed residence would be 2,326 square feet with a 0 .33 FAR.
Pursuant to Town Code, the maximum square footage for the lot size is 2,338 square feet.
The following Neighborhood Analysis table reflects current conditions of the immediate
area.
House House
ADDRESS House Garage and garage Lot si ze FAR
18101 Overlook Road 2,159 540 2 ,699 8,000 0.27
18121 Overlook Road 1,973 420 2 ,393 8,000 0 .25
18201 Overlook Road 1,876 525 2 ,401 7,000 0 .27
18251 Overlook Road 2,350 460 2,810 7 ,000 0 .34
* 18000 Overlook Road 5,857 704 6,561 56,192 0 .10
* 17910 Ove rlook Road 1,346 550 1,896 1,296 1.04
* 17920 Overlook Road 1,346 550 1,896 1,296 1.04
* 17930 Overlook Road 1,346 550 1,896 1,296 1.04
1815 1 Overlook Road (Ex) 1,646 422 2,068 7,000 0.24
18151 Overlook Road (P) 2,326 244 2,570 7,000 0.33
*Properties in the imm ediate area that have not bee n include d in the ne ighborhood
analysis du e to large or small lot size . They are not compara ble to the subject property.
Planning Commission Staff Report -Page 5
18151 Overlook Road/S-14-056
April 13 , 2016
At 2,326 square feet , the proposed residence would be the second largest home in the
immediate area and the second largest FAR. The proposed FAR and square footage is
compatible with the immediate neighborhood.
B. Tree Impacts
The project site contains 15 trees (on-site and on adjacent properties); 12 are protected trees
and three privet trees are exempt from regulation. The applicant is proposing to remove
four protected trees . The trees include an 18-inch diameter Monterey Pine, a multi-trunk
western redbud, a 5-inch diameter Evergreen Pear, and a 5-inch diameter Pacific Wax
Myrtle, all in poor overall condition.
The Town's Consulting Arborist prepared an arborist report for the site and
recommendations for the project (Exhibit 6). The applicant made changes and addressed
the Consultant's recommendations and staff forwarded the revisions to the consultant for a
second review (Exhibit 7). The applicant has incorporated the Consulting Arborist's
recommendations into the final development plans.
If the project is approved , tree protection measures would be implemented prior to and
during construction. Replacement trees would be required to be planted pursuant to Town
Code. Tree protection measures are incorporated as conditions of approval (Exhibit 3) to
protect the trees to remain on the subject property and within the development area.
C. Architectural Considerations
Staff requested that the Town's Architectural Consultant review the project (Exhibit 8) to
provide recommendations regarding architecture and neighborhood compatibility. The
consultant identified several recommended changes in order to bring the project into
compliance with the Town's Residential Design Guidelines (Exhibit 9).
The first review by the Consultant provided the following recommendation:
I . Design the two fireplace chimneys to be compatible with traditional Craftsman Style
home.
The applicant made changes and addressed the Consultant's recommendation and staff
forwarded the revisions to the Consultant for a second review (Exhibit 10).
The second review by the Consultant had the following recommendation:
I . The shed roof transition between the fireplace firebox and the chimney seems a bit out
of character with the Craftsman Style details at the roof gable end. Design the.fireplace
chimney transition to be compatible with traditional Craftsman Style homes.
Planning Commission Staff Report -Page 6
18151 Overlook Road/S-14-056
April 13, 2016
The applicant made changes and addressed the Consultant's recommendation and staff
forwarded the revisions to the Consultant for a third review (Exhibit 11 ). The applicant
had modified the exterior materials, using shingles and stone in lieu of the stucco
previously proposed.
The third review by the Consultant had the following recommendations:
1. Us e traditional wood shingles rather than fiber cement shingles.
2. Increase the size of the stone column bases.
3. Use mitered shingles at all corners .
Based on direction from the Consulting Architect and staff, the applicant made changes to
the elevations addressing the exterior materials change. The revisions are incorporated into
the final development plans included in Exhibit 16 .
The Consulting Architect found that the proposed residence is scaled appropriately and is
compatible with the one and two story homes in the immediate neighborhood (Exhibit 12).
D. Public Outreach
The project was referred to the Planning Commission because neighbors have expressed
concerns regarding privacy, height, mass, and neighborhood compatibility (Exhibit 14).
In August of 2015, the applicant reached out to neighbors, providing a letter of introduction
(Exhibit 13) and proposed development plans. Staff received 13 response letters from
neighbors acknowledging they had reviewed the project plans. Three responses expressed
concerns. In addition staff received additional correspondence from three concerned
neighbors (Exhibit 14).
The neighbor living across the street from the subject property at 18000 Overlook Road has
expressed concerns regarding on-site parking, lack of street parking on Overlook Road,
architecture design quality of the proposed house, and compatibility with surrounding
homes (Exhibit 14).
The neighbor located to the right of the subject site at 18121 Overlook Road, has expressed
concerns regarding the on-site parking, height, and mass of the building due to the narrow
lot (Exhibit 14). The property to the right is at a lower grade than the subject site.
The neighbor located to the rear of the site at 9 Chestnut Avenue has expressed concerns
regarding privacy in their back yard , height, mass, and changing the character of the
neighborhood. Exhibit 14 includes a letter from Mr. and Mrs . Kelly and photos from their
backyard. The Kelly 's property is at a lower grade than the subject site .
Planning Commission Staff Report -Page 8
18151 Overlook Road/S-14-056
April 13, 2016
The applicant's design team explored lowering the building height of the proposed
residence but stated that if that was done it would compromise the architectural style and
the ability to sell the home (Exhibit 5).
The Residential Design Guidelines specify that residential development shall be similar in
mass, bulk, and scale to the immediate neighborhood . The applicant provides justification
for the proposed residence in Exhibit 5. The Town's Consulting Architect finds the
proposed project to be compatible with the scale of the immediate neighborhood (Exhibit
12).
F . Privacy
Neighbors have expressed concerns regarding privacy. The applicant met with the
neighbor to the right ( 18121 Overlook Road) and to the rear (9 Chestnut A venue) to discuss
privacy issues (Exhibit 5). Both of the neighboring properties are located at a lower
elevation.
Removal of Second Story Balcony
The proposed residence improves privacy for both the rear and side neighbors as the
existing second story balcony will be removed. Additionally, the existing home's main
living space is located on the second floor and the proposed home will replace this area
with a master bedroom.
Window Placement and Size
The proposed window placement and window size have been designed to provide privacy
for the future residents and the neighboring properties . Egress windows for the front
second story bedrooms have been placed on the front elevation. There are two windows on
the rear elevation, one egress window for the master bedroom and one smaller frosted
bathroom window.
Staff suggested that the applicant consider using obscure glass in the second story rear
elevation windows. The applicant will use obscure glass for the bathroom window (Exhibit
3, Condition of Approval #13), but would like to keep the master bedroom egress window
clear.
Landscape Screening
In 2015, a tree removal permit was issued to remove a 35-inch diameter oak tree in the rear
yard of the subject property due to severe root damage, which reduced the landscape
screening between the subject property and rear properties. Exhibit 3, Condition of
Approval #8 requires three 36-inch box trees to be planted on-site to mitigate this tree
removal. One of the replacement trees must be an oak tree located in the same rear yard
location where the previous oak tree was removed.
Planning Commission Staff Report -Page 9
18151 Overlook Road/S-14-056
April 13 ,2016
In addition the applicant has proposed to plant additional landscape screening to address
the privacy concerns . Exhibit 3, Condition of Approval #11 requires 24-gallon
evergreen/drought tolerant trees/hedges be planted in the rear yard to provide a landscape
privacy buffer between the properties prior to the issuance of a Certificate of Occupancy.
The landscape privacy buffer shall be maintained. Modified landscape plans will be
reviewed and approved prior to issuance of a building permit.
G. Parking
Pursuant to Section 29.10.150 of the Town Code single-family homes are required to
provide two off-street parking spaces. Town Code does not require off-street parking to be
covered . The proposed project provides one garage parking space and one uncovered
parking space. The applicant has utilized a single car garage in the proposed design
because the lot width is narrow . A two car garage would dominate the streetscape, as it
currently does . The proposed one car garage allows for a covered porch entry feature on
the front elevation while meeting the Town Code 's parking requirement. The project also
includes a 24-foot wide driveway that will provide space for guest parking. The proposed
project meets the Town Code requirements for off-street parking.
H. 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 :
Staff has received comments from the public. The body of the staff report discusses the public
comments which are also included in Exhibit 14.
SUMMARY AND RECOMMENDATION:
A. Summary
As currently proposed, the project would create a two-story contemporary craftsman style
residence that meets parking requirements, setbacks, allowable floor area, lot coverage, and
allowable height. The proposed house would be the second largest house in the immediate
neighborhood and would be approximately four feet taller than the existing two-story
house. The applicant has worked with the adjacent neighbors to try to resolve outstanding
parking, privacy, height , mass, and neighborhood compatibly concerns .
Planning Commission Staff Report -Page 10
18151 Overlook Road/S-14-056
April 13, 2016
Due to the proposed building size, height, and neighborhood topography the neighbor 's
concerns remain regarding mass, height, privacy, and neighborhood compatibility. While
staff supports the project because it meets the Zoning Code requirements and has
appropriate proposed architecture staff has concerns regarding the proposed height and
mass as it relates to the immediate area.
B. Recommendation
Staff recommends denial of the Architecture and Site application based on the height and
mass of the residence in comparison to those in the immediate area.
ALTERNATIVES:
Alternatively, the Commission could:
1. 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
e . Approve Architecture and Site Application S-15-063 with the conditions contained in
Exhibit 3 and development plans included as Exhibit 16.
2 . Approve the application with additional and /or modified conditions.
3 . Continue the matter to a date certain with specific direction.
Associate Planner Community Development Director
JP :EW:cg
cc: Urban West, LLC/ Nicole King, 22 S . Santa Cruz, 2nd Floor, Los Gatos, CA 95030
Ronald M. Tate, 22 S. Santa Cruz , 2nd Floor, Los Gatos , CA 95030
Chris Spaulding, 801 Camelia Street, Suite E., Berkeley, CA 94710
Super Structures, Inc., 1251 Dell Avenue, Campbell, CA 95008
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PLANNING COMMISSION -April 13, 2 016
REQUIRED FINDINGS & CONSIDERATIONS FOR:
18151 Overlook Road
Architecture and Site Application S-14-056
Requesting approval to demolish an existing single-family residence, to construct a new
single-family residence and obtain a grading permit on property zoned R-1:8. APN 510-40-
146.
PROPERTY OWNER: Ronald M. Tate
APPLICANT: Urban West, LLC, Nicole King
FINDINGS
Required finding for CEQA:
• The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303 : New
Construction or Conversion of Small Structures .
Required finding for the demolition of a single-family residence:
• As required by Section 29.10.09030( e) of the Town Code for the demolition of a single-
family residence:
1. The Town's housing stock will 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 is limited due to the work done by a prior owner.
Required Compliance with the Residential Design Guidelines:
• The project is 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:
• As required by Section 29.20.150 of the Town Code, the considerations in review of an
Architecture and Site application were all made in reviewing this project.
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PLANNING COMMISSION-April 13, 2016
CONDITIONS OF APPROVAL
18151 Overlook Road
Architecture and Site Application S-14-056
Requesting approval to demolish an existing single-family residence, to construct a new
single-family residence and obtain a grading permit on property zoned R-1:8. APN 510-40-
146.
PROPERTY OWNER: Ronald M. Tate
APPLICANT: Urban West, LLC, Nicole King
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 Arborist Resources, identified in the Arborist's reports dated as
received June 1, 2015 , and received September 21, 2015 , on file 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 Arborist Resources,
identified in the Arborist' s reports dated as received June 1, 2015 , and received September
21, 2015, on file in the Community Development Department. Include a tree protection
plan with the construction plans.
8. TREE REPLACEMENT: Per Tree Removal Permit Tl 5-053, plant three (3)-36" box trees
on property prior to issuance of Building Final. One of the tree replacements must be an
oak tree located in the same rear yard location that the previous oak tree was removed. Tree
replacements require the Town Arborist's approval.
EXHIBITS
9. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet
the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient
Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee
schedule adopted by the Town Council is required when working landscape and irrigation
plans are submitted for review.
10 . FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front
yard must be landscaped.
11. LANDSCAPE SCREENING: 24-gallon evergreen/drought tolerant trees/hedges shall be
planted in the rear yard to provide a landscape privacy buffer between properties prior to
issuance of a Certificate of Occupancy. This privacy buffer shall be maintained. Modified
landscape plans shall be reviewed and approved prior to issuance of a building permit.
12. ARCHITECTURAL CONSULTANT REQUIREMENTS: The developer shall implement,
at their cost, the recommendation made by Cannon Design Group, identified in the
Architectural Consultant reports, dated as received April 29, 2015 , August 20 , 2015 , and
December 11, 2015 on file in the Community Development Department. A Compliance
Memorandum shall be prepared by the applicant and submitted with the building permit
application detailing how the recommendation has or will be addressed. This
recommendation must be incorporated in the building permit plans, and completed prior to
issuance of a building permit.
13. OBSURE GLASS: Obscure glass shall be utilized in the second story bathroom window at
the rear elevation and incorporated into the building plans.
14. 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.
15. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
16. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend ,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
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.
17 . COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
Building Division
18 . PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the
existing single-family residence and detached garage and a Building Permit shall be
required for the construction of the new single-family residence. Separate permits are
required for electrical, mechanical, and plumbing work as necessary.
19. 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.
20. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36", maximum
size 30" x 42".
21. 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 form has been completed, all signatures
obtained, and written verification from PG&E that all utilities have been disconnected,
return the completed form to the Building Department Service Counter with the air
District's J# Certificate, PG&E verification, and three (3) sets of site plans showing all
existing structures, existing utility service lines such as water, sewer, and PG&E. No
demolition work shall be done without first obtaining a permit from the Town.
22. SOILS REPORT: A Soils Report , prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted with
the Building Permit Application. This report shall be prepared by a licensed Civil Engineer
specializing in soils mechanics. As an alternate, the necessary foundation elements can be
designed by a licensed Civil Engineer to the Minimum Requirements of Chapter 4 of the
2013 California Residential Code.
23. 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
24. 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 /2-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.
25. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue-lined, i.e. directly printed, onto a plan sheet.
26. 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.
27. TOWN FIREPLACE ST AND ARDS: 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.
28. HAZARDOUS FIRE ZONE : The project requires a Class A Roof assembly.
29. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface
Fire Area and must comply with Section R327 Materials and Construction Methods for
Exterior Wildfire Exposure of the 2013 California Residential Code.
30. 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.
31. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Architect or
Landscape Architect certifying the landscaping and vegetation clearance requirements have
been completed per the California Public Resources Code 4291 and Government Code
Section 51182.
32. 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 .lo s gato s ca .gov/building.
33. 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 ARC Blue Print for a fee or online at
www .losgatosca.gov/building.
34 . APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development -Planning Division-Erin Walters ( 408) 354-6867
b. Engineering/Parks & Public Works Department-Ryan Do (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.
f. Bay Area Air Quality Management District ( 415) 771-6000
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
35. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans , Standard Specifications, and Engineering Design Standards. All work
shall conform to the applicable Town ordinances. The adjacent public right-of-way shall
be kept clear of all job related 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 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.
36. 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 shall be approved by the Town Engineer.
37. ENCROACHMENT PERMIT: All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security. It is the responsibility of the Applicant/Developer to obtain any necessary
encroachment permits from affected agencies and private parties, including but not limited
to, Pacific Gas and El ectric (PG&E), AT&T, Comcast, Santa Clara Valley 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.
38. PUBLIC WORKS INSPECTIONS : The Developer or his/her 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.
39. 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, ra ised 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.
40. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street
and /or sidewalk 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.
41. 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.
42. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of
any permits.
43. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California, and submitted to the Town Engineer for
review and approval.
44. GRADING PERMIT: A Grading Permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20 .015 of the Town Code. The grading permit
application (with grading plans) shall be made to the Engineering Division of the Parks and
Public Works Department lo cated 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.
45. DRIVEWAY: The driveway conform to existing pavement on Overlook Road shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
46. TREE REMOVAL: A tree removal permit is required prior to the issuance of a grading or
building permit, whichever comes first.
4 7. RETAINING WALLS: A building permit, issued by the Building Department at 110 E.
Main Street, may be required for on-site retaining walls. On-site walls are not reviewed or
approved by the Engineering Division of Parks and Public Works.
48. 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. Applicant is required to obtain approval of all proposed utility alignments from
any and all utility service providers. The Town of Los Gatos does not approve or imply
approval for final alignment or design of these facilities.
49. SIDEWALK/CURB IN-LIEU FEE: A curb and sidewalk in-lieu fee shall be paid prior to
issuance of a building permit. The estimated fee per the current Town Fee Schedule is
$6 ,800.00 . This fee is based on 50 LF of curb at $64/LF and 225 square feet of 4.5-foot
wide sidewalk at $16 /SF . The fee is subject to change every fiscal year.
50. 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's 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, and a copy of the recorded agreement shall be
submitted to the Engineering Division of the Parks and Public Works Department, prior to
the issuance of any permits.
51. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements,
including but not limiting to trees and hedges, will need to abide by Town Code Sections
23.10.080, 26.10.065, and 29.40.030.
52. CONSTRUCTION STREET PARKING: No vehicle having a manufacture 's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior to approval from
the Town Engineer.
53 . HAULING OF SOIL: Hauling of soil on or off-site shall not occur during the morning or
evening peak periods (between 7 :00 a.m. and 9:00 a.m . and between 4:00 p.m. and 6 :00
p.m .). Prior to the issuance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering Inspectors to devise a traffic control
plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the
project site. This may include, but is not limited to provisions for the developer/owner to
place construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant
projects in the area may also be required. All trucks transporting materials to and from the
site shall be covered.
54. 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 of 8:00 a.m. to 8:00 p.m., weekdays
and 9:00 a.m. to 7:00 p.m. weekends and holidays. The Town may authorize, on a case-by-
case basis, alternate construction hours. The Applicant/Subdivider shall provide written
notice twenty-four (24) hours in advance of modified construction hours. Approval of this
request is at discretion of the Town .
55 . 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. A sanitary sewer clean-out is required for each property at the property line or
location specify by the Town .
56. SITE DESIGN MEASURES: All projects shall incorporate one or more of the following
measures :
a . Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas .
d. Use permeable pavement surfaces on the driveway, at a minimum .
e. Use landscaping to treat stormwater.
57. 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 of blowing dust for the duration
of the project. Watering on public streets shall not occur. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a
day. Watering associated with on-site 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 sati sfaction of the Town. Demolition or earthwork activities shall be halted when wind
speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling s oil , sand , or other loose
debris shall be covered.
58 . 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.
59 . 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 a minimum of ten (10) feet from the adjacent property line
and/or right of way.
60. 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 washed into
the Town 's storm drains .
61. 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. The adjacent public right-of-
way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and
debris shall not be washed into storm drainage facilities. The storing of goods and
materials on the sidewalk and/or the street will not be allowed unless 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.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
62 . FIRE SPRINKLERS REQUIRED: An automatic residential fire sprinkler 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. 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 approval prior to beginning their
work.
63. 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.
64. WATER SUPPLY REQUIREMENTS : Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of
the potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant(s).
65. 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.
66. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a positi on that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Addre ss numbers shall be Arabic numbers or
alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a
minimum stroke width of 0.5 inch (12.7 mm ). Where access is by means of a private road
and the building cannot be viewed from the public way, a monument, pole or other sign or
means s hall be used to identify the structure.
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URBAN WEST
ability to sell the home. Ms. Thompson's daughter also suggested that the basement
was possibly the reason for the he i ght increase . We posed this question to our civil
engineer who explained in the attached letter that the height increase was to meet the
drainage requirements while being sensitive to the existing trees. We have offered to
provide mature pri vacy screening along Ms. Thompson's side of the property to alleviate
the perceived impact of the new structure . ·
Oavid and Rita Kelly. 9 Chestnut
The Kelly's primary concern is the height of the proposed home and the visual impact
into their backyard . While I understand and appreciate their concerns I don't agree that
the visual impact will be as significant as they suggest. Because we will be eliminating
the existing rear deck and moving the ma in living area to the downstairs, we will actually
be improving privacy as the Master Bedroom is not a h i gh traffic area . Additionally, of
the two windows on the upper level facing their property, one is a bathroom window that
we will frost. We would prefer not to frost the egress window in the master bedroom. I
would like to point out that the eventual buyer of this property is as likely to value their
privacy and limit the Kelly's view into their Master Bedroom as the Kelly's are to limit the
view into their living room. To further alleviate privacy concerns we have offered to plant
mature landscape screening along the backside of our property. This would be a very
effective way to mitigate the perceived loss of privacy from the removal of the large oak
tree.
In addition to and to recap some of the points made above, I would like to highlight a
few more design choices we have made to be conscious of our neighbors.
• Roof pitch is low
• The plate height for average homes these days is 9' to 1 O'. Either remodeling or
building new, homeowner's no longer want the traditional 8' plate height. Our
neighbors wouldn't want it if they were remodeling .
• The window placement has been carefully designed on the sides of the home to
allow privacy to the closest neighbors (sides).
• On the back side of the home (facing the Kelly's) we only have two windows
upstairs. One is egress for the Master Bedroom. The other window is for the
bathroom and could be frosted to add privacy.
• The current floorplan of the home has the main living area upstairs (where the
proposed Master Bedroom will go). The new floorplan will move the main living
space downstairs and el iminate the outdoor deck that currently exists. This will
dramatically improve the privacy for neighbors on both sides and behind .
• We have offered to install privacy landscape screening to all adjacent neighbors
to help reduce their view of our home.
22 S. SANTA CRUZ An£, 2" FLOOR
• , , LOS GATOS. CAUFORllll 96030
'-.. I ~I 408 .399.4950
~ INFo@UlllWMST.COM
URBAN WES T
Another point that I feel needs to be highlighted is the fact that the home we have
des igned fits every one of the Town's guidelines. We are no t asking for a single variance
or exception . We are simply trying to exercise our development rights with in the
guidelines the Town has created .
I would also like to point out the fact that we are a Los Gatos based company. Our offices
are located at 22 S. Santa Cruz Avenue . I am resident of Los Gatos, and my 8 year old
son attends Van Meter Elementary as will my 12 month old daughter when she reaches
kindergarten . I make this point because the tone in some of the neighbors' letters were
very negative towards us as the property developer. Perhaps some of our neighbors have
had negative experiences with developers in the past. Whatever their reasons are, I
would like to reassu re them and the Town that we are not a large company that isn't
considerate of our neighbors. We are a father and son owned company with roots in the
area extend ing back to the early 1960's . We have forged a pristine reputation by acting
responsibly and consciously towards our neighbors . We feel strongly that, despite their
concerns, ou r neighbors w i ll be very happy with our final product and the character and
value it will add to our community . If you have any questions or concerns regarding any
of the items d iscussed below please feel free to reach out via phone or email.
Regards,
Lance Tate , managing member
Urban West, LLC
408 .399.4950 x2 office
858.401 .9810 mobile
lance@urbanwest.com
22 S. SOTA CRUZ AVENll. 2• FLOOR
'
I
'
LOS 8A111S , CAl.IFOIUU 95030
~, I , I 408.399.4950
~ INFO@llRBAmsT.COll
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Civi l Engineers -Land Survey o rs -Pl a nner s -Con s 1 ru c 1i on Managers
January 26, 2 01 6
Lance Tate
Urban West LLC
22 S . Santa Cruz Avenue
Los Gatos , CA 95030
Re : 18151 Overlook D r
APN 510-40 -146
Dear Mr. Tate,
RECEIVED
Es tabli shed 1910
Waller J. Hann a, Jr. P.E.. LS.
Arnold Brunetti, P.E
s --, Lf -os &:>
IAN 2 7 2016
~ ... , ''l·J OF LOS GATOS
' u-,/~NING DIVISION
The finish floor height of the proposed res ide nce located at 18151 Overlook Dr was primarily
based on two things : minimizing the grading around existing trees and drainage. The grades
along the west property line dictated the height of the finished floor of the garage due to trees in
the area . If we lowered the grade of the fin ished floor of the garage and driveway, it would
potentially damage the neighboring tree . The finished floor he ight of the house was set high
enough to allow for required code distanc e from wood to adjacent grade and positive dra inage to
the street and existing storm drainage easements .
If you have any questions , please call .
Sincerely,
Amanda Wilson
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• ARBOR RESOURCES
professional consulting arbor1sts and tree care
ARBORIST REPORT
18151 OVERLOOK ROAD
LOS GATOS, CALIFORNIA
PROPERTY OWNER: Ronald M. Tate
APPLICANT: Nicole King of Urban West, LLC
ARCHITECTURE & SITE APPLICATION 5-14-056
APN 510-40-146
Submitted to:
Erin Walters
Community Development Department
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95031
Prepared by:
David L. Babby
Registered Consulting Arborist® #399
Board-Certified Master Arborist® #WE-4001 B
May 29, 2015
RECEIVED
JUN 0 1 2015
S -J'-}-050
TOWN OF LOS GATOS
PLANNING DIVISION
EXHIBIT 6
p .o. box 25295, san mate o, cailforn1a 94402 • email: arborresou rces@comcast .ne t
office: 650 .654.3351 • cell : 650.274 .3656 • licensed contractor #796763
David L. Babby, R egistered Co 11s11 /ting Arborist® May 29, 2015
SECTION
1.0
2.0
3.0
4.0
5.0
5.1
5.2
5.3
6.0
EXHIBIT
A
B
c
TABLE OF CONTENTS
TITLE
INTRODUCTION ............................................................................. 1
TREE COUNT AND COMPOSITION ............................................... 2
SUITABILITY FOR PRESERVATION ................................................ 4
REVIEW OF POTENTIAL IMPACTS .............................................. 5
TREE PROTECTION MEASURES ................................................ 6
Design Guidelines ........................................................................ 6
Before Demolition, Grading and Construction ........................... 9
During Demolition, Grading and Construction ........................... 9
ASSUMPTIONS AND LIMITING CONDIT IONS ............................. 12
EXHIBITS
TITLE
TREE INVENTORY TABLE (three sheets)
SITE MAP (one sheet)
PHOTOGRAPHS (four sheets)
David L. Babby . Regis tered Co ns ulting Arborist® May 29, 2015
1.0 INTRODUCTION
The Town of Los Gatos Community Development Department has retained me to prepare
this Arboris t Report in connection with the proposed new residence, with basement. at
18151 Overlook Road , Los Gatos. Specific tasks conducted are as follows :
• Visit the site, perfonned on 5/21 /15, to identify 15 "protected trees " 1 situated either
within the project site, along the street frontage , or on neighboring properties and
having trunks immediately adjacent to and /or canopies overhanging the site .
• Determine each tree's trunk diameter at 54 inches above grade . Diameters are
rounded to the nearest inch , and trees listed with more than one diameter are formed
by multiple trunks .
• Estimate average canopy spreads (rounded to the nearest fifth).
• Ascertain each tree's health and structural integrity, and assign an overall condition
rating (e.g. good , fair , poor or dead).
• Rate each tree's su itability for preservation (e.g. high, moderate or low).
• Obtain photographs; see Exhibit C .
• Assign tree numbers in a sequential pattern, and plot those numbers and roughly
approximate locations on the site map in Exhibit B (base map being Sheet Al , the
Site & Drainage Plan . dated 9/22/14 , by Chri s Spaulding Architect).
• Affix round-metal tags with corresponding, engraved numbers to the trunks or limbs
of accessible trees . For inaccessible trees on neighboring properties, tags were affixed
to wood fences adjacent to respective tree trunks.
• Review the set of project plans, prepared by Chris Spaulding Architect, stamp dated
3/30/15 , to identify potential impacts to inventoried trees.
• Provide measures to help avoid or mitigate impacts to retained or removed trees.
• Prepare a written report containing the above information , and submit via email as a
PDF document.
1 Pursuant to Section 29 .10.0960 of the Town 's Municipal Code, a "protec ted tree " has a trunk with a
diameter ~4" at three feet abo ve grade. Fruit-or nut-bearing trees with trunk diameters les s than 18" are
e xempt (Section 29. l 0 .0970).
18 151 O verlook Road, L os Ga tos Page 1 of 12
To wn of L os Gatos Co mmunity D evelopm ent Department
David L. Bobby, R egistered Con sulting A rborist® May 29, 2015
2.0 TREE COUNT AND COMPOSITION
Fift een (15) trees o f eight various species were inventoried for this report. They are
sequentially numbered as #1 thru 15, and the table below identifies their names, assigned
numbers, counts and percentages .
0/o OF
NAME TREE NUMBER(S) COUNT TOTAL
Coast live oak 6 ,7 ,11,14 4 27%
Deodar cedar 1 1 7%
European beech 4 1 7%
Evergreen pear 5 1 7%
Glossy privet 9, 10, 13 3 20%
Monterey pine 2 ,8, 12 3 20%
Pacific wax myrtle 3 1 7%
Western redbud 3 1 7%
Total 16 100%
As illu strated in the above table, the tree landscape on and surrounding the site ts
populated predominantly by coast live oak, followed by privet and Monterey pine.
Specific information regarding each tree is presented within the table in Exhibit A. The
trees' corresponding numbers and approximate locations can be viewed on the site map in
Exhibit B, and photographs are presented in Exhibit C .
Tree #3 , a small redbud , is s ituated within the public right-of-way along Overlook Road
and is regarded as a street tree.
18151 Overlook R oad, Los Gato s Page2of12
Town of Los Gatos Com mun ity Development Depa rtment
David L . Babby, Registered Consulting A rbo rist® May29, 201 5
Nine (9) trees have trunks originating on neighboring properties, and due to their
proximity to the project site, were inventoried to achieve conformance with Section
29.10.0995 of the Town Code): they include #1, 4, 6-10, 12 and 13 .
Ten (10) trees are not shown on the project plan s, and their locations depicted on the map
in Exhibit Bare only roughly approximate and should not be construed as being surveyed ;
they include #1, 4, 6-10, 12, 13 and 15 (accounts for all those on neighboring properties
plus #15).
Other' trees located throughout the site were not inventoried due to having trunks with
diameters less than four inches .
18 151 O ve rlook Road, L os Gatos Page 3 of 12
To wn of Los Gatos Community Development D epartment
David L. Babby , Regis tered Consulting Arborist® May 2 9, 2015
3.0 SUITABILITY FOR TREE PRESERVATION
Each tree has been assigned either a ''high ," "moderate" or 'low" suitability for
preservation rating as a means to cumulatively measure its existing health, structura l
integrity, anticipated life span, location, size, particular species , tolerance to construction
impacts, growing space, and safety to property and persons within striking distance .
Descriptions of these ratings are presented below; the high category is comprised of no
trees, the moderate category six (or 40%). and the low category nine (or 60%).
High : Applies to none.
These trees appear relatively healthy and structurally stable; have no apparent, significant
health issues or s tructural defects; present a go od potential for contributing long-term to the
site ; and require only periodic or regular care and monitoring to maintain their longevity
and structural integrity. They are typically the most suitab le for retaining and in corporating
into the future landscape.
Moderate: Applies to trees #1, 4, 6, 8, 11 and 14 .
These trees contribute to the site, but at levels less than those assigned a good suitability ;
may have health and /or structural issues that can potentially be reasonably addressed and
properly mitigated; and frequent care is typically required for their remaining lifespan.
They might be worth retaining , if provided proper care, but not seemingly at significant
expense or major design revisions.
Low: Applies to trees #2, 3, 5, 7, 9, 10, 12, 13 and 15.
These trees have serious or significantly weakened health and /or structural defects that are
expected to worsen regardless of tree care measures employed (i .e . beyond likely
recovery). Removal of those located within the site is recommended to improve the tree
landscape and/or site safety.
18 15 1 O verlook Road, Los Gatos Page 4 of 12
Town of L os Gatos Community Development Dep artm ent
David L. Babby , Registered Cons ulting A rbo rist® May 2 9, 2015
4.0 REVIEW OF POTENTIAL IMPACTS
Implementation of the proposed design allow retention of all inventoried trees, but presents
significant impacts to a few, namely #3 and 6. Tree #3 is a small redbud with a poor
structure, and excavation for constructing the new driveway will extend up to its trunk;
based on its condition, removal is the appropriate disposition.
Tree #6 is a large coast live oak originating from the neighboring eastern property.
Excavation for the proposed lightwell along the home's east side will result in severe root
loss, and as a result, subject the tree to instability and/or premature decline. To avoid this ,
the lightwell design requires revision to achieve a minimum protection zone of nine to ten
feet west of the trunk, and from this point towards north and south, up to 15 feet from the
trunk; the protection zone must remain free from any excavation, overexcavation, fill ,
compaction, trenching. or other soil disturbance, including for shoring (and stitch piers).
I also recommend onsite trees #2, 5 and 15 are removed . Tree #2 is a declining Monterey
pine with a poor structure. #5 is a small evergreen pear also with a poor structure, and #I 5
is a short tree anticipated to be removed during excavation for the basement.
Tree #4 is situated in close proximity to the ne w parking space . Given a distinct grade
differential between the shared fence and home , to include a planter short rock wall , and
level walk below planter, there unlikely are significant roots within the existing walk, but
will be within the planter. Based on this, where beneath the tree's existing canopy. the
future parking space/driveway should be entirely beyond (east of) the outer edge of
existing planter and rock wall , including for any overexcavation ; i.e. maintain existing
grade within entire planter width and beyond wall (note that dimensions and grades of
existing conditions are needed, and not currently shown in the site plan).
A summary of the prior information is as follows :
• Removals (four in total): #2, 3, 5 and 15.
• Retained (11 in total): #1, 4 and 6-14.
• Revise the lightwell and building design for achieving a reasonable chance of
survival and rooting stability for tree #6.
• Achieve setback noted above for the parking space adjacent to tree #4.
18151 O ve rlook Road, L os Gatos Page 5of12
To wn of Los Gatos Community Development Department
David L. Babby, R egistered Consulting Arborisr® May29, 2015
5.0 TREE PROTECTION MEASURES
This section presents recommendations for achieving the protection of retained trees
throughout construction. They should be carefully followed , are subject to revision upon
reviewing revised or additional project plans, and I should be consulted in the event any
measure cannot be feasibly implemented. Please note all referenced distances from trunks
are intended to be from the closest edge (face of) of their outennost perimeter at soil grade.
5.1 Design Guidelines
I . Designate a Tree Protection Zone (TPZ) to be the section of existing unpaved
ground beneath or beyond a tree's entire canopy, and for #4 and #6, as specified in
Section 4.0 of this report. A TPZ is where the following activities, but not necessarily
limited to, shall be avoided: trenching, so il scraping, compaction, mass grading,
finish-grading, overexcavation, subexcavation, tilling, ripping, swales, bioswales,
storm drains, dissipaters, dry equipment cleaning, stockpiling and dumping of
materials, and equipment/vehicle operation . In the event an impact encroaches
sl ightly within a setback, it can be reviewed on a case-by-case basi s to determine
whether measures can sufficiently mitigate the impacts to Jess-than-significant levels .
2 . For trees #4 and 6, implement the design recommendations provided in Section 4.0.
3. Where beneath the canopies of trees #6 and 14 , confine overexcavation, compaction
and other soil disturbance to within 24 inches beyond the basement wall and first
floor foundation (including the drilling of piers for shoring).
4 . To achieve the above, shoring is critical to avoid overexcavation beyond the
basement wall and maintain setbacks. The shoring design should not require the loss
or large limbs or branches during operation of a pile driver or drill rig for shoring.
(and soil nailing and shotcrete utilized should a conflict exist).
5. The permanent and temporary drainage design , including downspouts, should not
require water being discharged towards a tree's trunk.
18151 Overlook Road, Los Gatos Page 6of12
Town of Los Gatos Community D evelopment Department
Da vid L. Babby , Regis tered Cons ulting Arborist® May 2 9, 2015
6. Add the assigned numbers to a ll site-related plans . The approximate trunk
locations of #1, 4 , 6-10, 12, 13 and 15 should also be added, as well a s additional
information regarding the grade differential , planter width and wall location beneath
#4's canopy.
7. On the demolition plan, specify that all below ground existing and unused pipes,
vaults and lighting shall be abandoned and cut off at existing soil grade where
within a TPZ (rather than being dug up and causing root damage).
8 . Swales should be established well-beyond tree canopies . Where necessary within,
they should be as far from the trunks as possible, require no more than a two-to
three-inch deep cut or fill, avoid severing roots ~two inches in diameter, and not be
compacted (foot-tamping is acceptable).
9 . The erosion control design should consider that any straw wattle or fiber rolls
require a maximum vertical soil cut of two inches for their embedment, and are
established as close to canopy edges as possible (and not against a tree trunk).
10 . Per Section 29.10.lO OO(C.I) of the Ordinance, a copy of this report (or updated one)
must be incorporated into the final set of project plans; titled Sheets T-1 , T-2, etc.
("Tree Protection Instructions"); and referenced on all site-related project plans .
I I . On Sheet A I , add protection fencing for trees #4 and 6 to be along the outside
eastern edge of the existing wall for #4, and five feet from the proposed home
foundation or basement wall for #6; see Exhibit B for an illustration.
12 . A root zone buffer, for foot -t raffic only , should also be s pecified on Sheet A 1 for
trees #6 and 14, to be between protection fencing and the basement wall or
foundation . It shall comprise a six-to eight-inch lay er of coarse wood chips manually
spread on unpaved ground, and to create a sturdy walking surface, can be covered by
plywood sheets of at least %-inch thick and secured together. For tree #6 , it should
be installed prior to demo lition , and for #4, immediately following removal of the
existing rear patio .
18 15 J Overlo ok Road. Los Gatos Page 7of12
Town of Lo s Gatos Community D e velopment Department
David L. Bobby , Registered Consulting Arboris r® May 29, 2015
13 . The landscape design should con form to the following additiona l g uide lines :
a . Plant material insta ll ed beneath the canopies of the oaks should be drought-
tolerant, limited in amount, an d planted at least five or mo re feet from th e ir
trunks. Plant materi a l in s ta ll ed beneath the canopies of all other trees should be
at least 24 to 36 inches from their trunks.
b . Irrigation beneath the oak canopies should not be applied within a dista nce of
five times their trunk di am eters. Irrigation for new plant material beneath their
canopies should be low-vo lume, applied irregularly (such as on ly once or twice
per week), and te mpo rary (such as no more than three years).
c . Irrigation and lighting features (e.g. main line , lateral lines, va lv e boxes,
wiring and controllers) sho uld be established beyond TPZs. In the event this is
not feasible, they may require bei ng in stalled in a radial directi o n to a tree 's
trunk, and terminate a specific distance from a trunk (versus crossing pa st it).
d . Ground cover should be comprised (partially or entirely) of a three-to fou r-
inch depth of coarse wood chips or other high-quality mulch (gorilla hair, bark
or rock, stone , cobble, gravel , black plastic or other synthetic ground cover
should be avoi ded). Mulch s ho uld remain six inche s from the trees' trunks .
e. Tilling, ripping and compaction wi thin TPZs should be avoi ded .
f . B e nder board o r other edging material propose d beneath th e canopies s ho uld be
established on top of existing soil grade (such as by using vertical st akes).
14 . Mitigation is necessary to compensate for the removal of p r otected trees, and
Section 29.10.0985 can be used as the fra mework for determining amounts and s izes .
The trees shall be planted pri or to final inspection, double-staked with rubber tree ties
(may not be necessary for trees of 36-inch box s ize and large r), a nd a ll forms of
irrigation be of a n a utom atic drip or soaker hose system placed on the soil s urface
and not in a sleeve. AdditionaUy, to achieve the greatest assurance of proper
in stallation , all new trees shall be in stalled , including necessary irrigation, by an
experienced Cali fo rnia State-licensed landsca pe contractor or tree-service company.
18151 Overlook Road, Los Gatos Pa ge8of 12
Town of Los Gatos Community D evelopm ent D epartment
David L. Babby , R egister ed Cons11/ti11g A rboris t® May 29, 2015
5.2 Before Demolition, Grading and Construction
15 . Manually restore the soil grade at the rear of the site; th e ground should be
'smoothed' and leveled o ut, being careful not to excavate soi l and ro ots.
16. Spread a four-to five-inch layer of coarse wood chips (Yi-to 3/.i -inch in size) from a
tree-service company over th e ground within the property's rear section.
17 . Es tablish the root zone buffer for tree #6 .
18 . The root collars of trees #11 and 14 mu st be fully cleared of rock and soil o n all
s ides (360°), and the work performed by a profess ional and state-licensed tree serv ice
either through hand-di ggi ng or the use of an Airspade.
19. Establish tree protection fencing to restrict access into TPZs, and where along
future foundations , no farther than five feet from the basement wall; locati ons are
identified on Exhibit B. This fencing shall remain throughout construction, and
consist of five-to six-foot high chain link mounted on eight-foot tall , two-inch
diameter galvanized steel posts that are driven into the ground.
20. Pursuant to Section 29. I 0.1005(a)(4) of the Town Code, 8 .5-by I I-inch warning
signs shal l be affixed and prominentl y displaye d on each side of fencing o pposi te the
trees' trunks: "WARNING -Tree Pro tection Zone -this fence shall not be removed
and is subject to penalty according to Town Code 29. I 0 .1025." These s igns sho uld
be intact prior to commencing demolition.
5.3 During Demolition, Grading and Construction
2 1. Supply water to the root zones of#4, 6 and 14 every three to four weeks throu ghout
the entire construction process, at an amount of five to ten gallons per in ch of trunk
diameter. Various application methods include either fl ooding the inside of a 12-inch
ta ll berm formed around o r near a canopy's perimeter, using so aker hoses, or through
deep-root injecti o n. For #4 a nd 6, watering o nl y on the project si te is s uf fi cient.
22. A void us ing tree trunks as w in c h supports fo r movi ng or liftin g heavy loads .
18 151 Overlook R oad, Los Gatos Page 9of12
Tow11 of L os Gatos Community Development Departme11t
David l. Babby, Register ed Co ns ulting Arborist® May 29 , 2015
23 . The staging area and route(s) of access should be established beyond TPZs.
24. Excavation for section of drive (parking space location) beneath #4's canopy should
first be performed by a one-foot wide trench being manually dug along the
perimeter of where soil excavation will occur closest to the tree's trunk, and down to
the required subgrade depth (to avoid roots breaking and being damaged closer to the
trunk than otherwise needed). Roots encountered with diameters of 2:tw o inches shall
be cleanly severed by hand (at 90° to the direction of root growth) against the tree
side of the trench . All soil beyond the trench (i.e. away from the tree) can then be
mechanically excavated using heavy equipment, and remaining outside the fenced
area(s). Alternatively, the use o f a stump grinder could be utilized precisely where a
curb/gutter and any overcut (12" max) will be established.
25 . Any approved digging or trenching within a TPZ shall be manually performed
without the use of heavy equipment or tractors operating on unpaved ground beneath
canopies.
26 . Avoid damaging or cutting roots with diameters 2:two inches. Should roots of this
size be encountered, within one hour of exposure, they should either be covered by
burlap that remains continually moist until covered by soil. If they are approved for
cutting, cleanly severe at 90° to the angle of root growth against the cut line (using
loppers or a sharp hand saw), and then immediately after, the cut end either buried
with soil or covered by a plastic sandwich bag (and secured using a rubber band , and
removed just before backfilling).
27. Tree pruning shall only be performed m accordance with ANSJ A300-2001
standards, by a California licensed tree-service contractor (D-49) that has an ISA
certified arborist in a supervisory role, carries General Liability and Worker's
Compensation insurance, and abides by ANSI Zl 33 .1-2006 (Safety Operations).
28 . Removing existing hardscape and home within and near a TPZ, such as for tree
#14, must be carefully performed to avoid excavating roots and soil during the
process (and above-ground portion of a tree).
18151 Overlook Road, Los Gatos Page JOof 12
Town of Lo s Gatos Community Development Departm em
David L . Babby , R egistered Consulting Arboris t® May29, 2015
29. The root zone buffer for tree #14 shall be installed immediately following
demolition of the existing rear patio (completed prior to basement excavation).
30. Any fence posts to be established within a TPZ must be carefully designed to avoid
potential significant impacts. In doing so, I recommend they are planned to be at
least two to three feet from a trunk, minimized in diameter, and spaced as far apart as
possible (e.g. at least five p lus feet apart). The design should specify that the post
holes are manually dug using a post hole digger or shovel, and roots two inches and
greater in diameter retained and protected during the process (in the event a root of
this size is encountered during digging, the hole should be shifted over 12 inches and
the process repeated).
3 I . Spoils created during digging shall not be piled or spread on unpaved ground within
a TPZ. If essential , spoi ls can be temporarily piled on plywood or a tarp.
32 . Dust accumulating on trunks and canopies during dry weather periods should be
periodically washed away (e .g. every two to three months).
33. Avoid disposing harmful products (such as cement, paint, chemicals, oil and
gasoline) beneath canopies or anywhere on site that aJJows drainage within or near
TPZs. Herbicides should not be used with a TPZ; where used on site, they should be
labeled for safe use near trees. Liming shall not occur within 50 feet from a trunk.
34. Great care must be taken by equipment operators to position their equipment to
avoid the trunks and branches of trees, including the scorching of foliage (including
along the road).
35. Fertilization may benefit the trees' health, vigor and appearance. If applied,
however, soil samples should first be obtained to identify the pH levels and nutrient
levels so a proper fertilization program can be established. I further recommend any
fertilization is performed under the direction and supervision of a certified arborist,
and in accordance with ANSI A300 (Part 2) -2004 Fertilization standards.
18151 O verlook Road, Los Gatos Page 11 of12
Town of Los Gatos Community D evelopment D epartment
David L. Babby, R egistered Cons ulting Arboris t® May 29, 2015
EXHIBIT A:
TREE INVENTORY TABLE
(three sheets)
18151 Overlo ok Road, Los Gatos
Town of L os Gatos Community Development Departm ent
•
TREE/
TAG
NO.
12
13
14
15
ARBOR RESOURCES
professional consult1n'3 arbor 1s t s .and tree care
TREE NAME
Monterey pine
(Pi nus radiaia)
TREE INVENTORY TABLE
SIZ E CONDI TI ON
~ ~
Ill .... Ill ...
0 0
:§. -~ ~~ ~ c: II ·.::; II .... 0 * :8 QI -0 ..... RI E 0
QI ..... QI -0 ...,, E ....,,
E .... c: "' "' RI c. 0 QI Iii QI
0
I/) u cc .... cc > II ::::J II
~ c. .s::. * t: § 0 ..... c: c: Iii 0 ::::J ::::J a QI 0 .... ~ ::c ..... ti) .....
36 60 40% 40%
c:
0 ·p
-0 RI -RI ~ ~ QI
0 QI 0
Ill ...J c: ~ QI -0 0 .... QI
E a.. ..... 0 .... RI
-0 a.. 0 .... ~ c: ~ QI
0 ·;v ~ "8 u u. =~ = -RI -0 .0 -.... 0 RI .S::.
QI 0 ..... Clll
> ~ ·:; :c 0 VI -
Poor Low
Comment s : Offsite, center oftnmk about 10' from fence. Added to map. Visibility of trunk and
canopy is highly inhibited; what is seen o f cano py indicates health is poor (furthe r exam-
ination is needed if more accurate assessment is necessary). Very high canopy and
excessive limb weight.
Glossy privet
(lig11stn1m lu cidum) 8. 6, 5, 4 20 50% 30% Poor Low
Comments: Offsite, center of trunk about 3' from fence . Added to map. Topped before. Excessive
limb weight.
Coast live oak
(Que rc us agrifolia) 35 65 60% 40% Fair Moderate
Comments: Asymmetrical. one-s ide d canopy towards south . Root collar is buried by river rock
Pacific wax my rtle
(Morella ca1ifornica)
and possibly some soil. Low limb towards west, and its removal back to trunk is
anticipated (a minor impact). A large 1.8' tall by 1.4' wide wound along the trunk's south
s ide is filled with foam , and a s s uch , the extent of decay is unknown . Significant soi l
disturbance beneath canopy (see tree #11 for further di scussion).
5 10 50% 40% Poor Low
Comments: Crowde d-growing conditions. Could also be regarded as a tall shrub. Added to map.
Site: 18151 Overlook Road, Los Gatos
Prepared for: Town of Los Gatos
Prepared by: David L. Babby 3 of 3 May 29, 2015
(
David L. Babby, Registered Consulting Arboris t® May29, 201 5
EXHIBIT B:
SITE MAP
(one sheet)
18151 Overlook Road, Los Gatos
Town of Los Gatos Community Developm ent Departm ent
David L. Bobby , R egistered Consulting Arborist® May29, 2015
EXHIBIT C:
PHOTOGRAPHS
(four sheets)
Photo Index
Page C-1: Trees #1 thru 6 Page C-3: Trees #10 thru 13
Page C-2: Trees #6 thru 9 Page C-4: Trees #14 and 15
I 815 I Overlook Road, Los Gatos
Town of Los Ga tos Community Developm en t Department
This Page
Intentionally
Left Blank
David L . Babby, Registered Cons ulting Arborist® S eptember 21. 2015
1.0 INTRODUCTION
The Town o f Los Gatos Community Development Department has retained me to review
the current set of plans and update my prior 5/29/15 report in connection with the proposed
new re sidence, with basement, at 18151 Overlook Road , Los Gatos . Specific tasks
conducted for this and the prior report are as follows:
• Review the current set of plans, stamp dated 8/5/ l 5 by the Town.
• Visit the site, perfom1ed on 5/21/15 , to as sess potential impacts by identify J 5 trees
situated either within the project site , along the street frontage, or on neighboring
properties and having trunks immediately adjacent to and /or canopies overhanging
the site. A subsequent visit was performed on 9/16/15 to assess potential impacts by
implementing the current set of plans.
• Determine each tree's trunk diameter at 54 inches above grade. Diameters are
rounded to the nearest inch, and trees listed with more than one diameter are formed
by multiple trunks .
• Estimate average canopy spreads (rounded to the nearest fifth).
• A scertain each tree's health and structural integrity, and assign an overall condition
rating (e.g. good, fair, poor or dead).
• Rate each tree's suitability for preservation (e.g. high, moderate or low).
• Obtain photographs ; see Exhibit C .
• Assign tree numbers in a sequential pattern, and plot those numbers and roughly
approximate locations on the site map in Exhibit B (base map being Sheet A 1, the
Site & Drainage Plan , dated 9/22/14, by Chris Spaulding Architect).
• Affix round-metal tags with corresponding, engraved numbers to the trunks or limbs
of accessible trees. For inaccessible trees on neighboring properties, tags were
affixed to wood fences adjacent to their respective tree trunks.
• Provide measures to help avoid or mitigate impacts to retained or removed trees.
• Prepare a written report containing the above information, and submit via email as a
PDF document.
18 151 O verlook Road, Los Gatos Page 1 of 13
To wn of Los Gatos Co mmunity Development Departm ent
David l. Babby, Regis ter ed Co nsulting Arborist® September 21 , 2015
2.0 TREE COUNT AND COMPOSITION
Fifteen (15) trees of eight various species were inventoried for this report. They are
sequentially numbered as #1 thru 15, and the table below identifies their names, ass igned
numbers , counts and percentages.
%OF
NAME TREE NUMBER(S) COUNT TOTAL
Coast live oak 6, 7 , 11 , 14 4 27%
Deodarcedar 1 1 7%
European beech 4 1 7%
Evergreen pear 5 1 7%
Glossy privet 9, 10 , 13 3 20%
Monterey pine 2 ,8 , 12 3 20%
Pacific wax myrtle 3 1 7%
Western redbud 3 1 7%
Total 15 100%
As illustrated in the above table, the tree landscape on and surrounding the s ite is
populated predominantly by coast live oak, privet and Monterey pine .
Specific information regarding each tree is presented within the table in Exhibit A. The
trees' corresponding numbers and approximate locations can be viewed on the site map in
Exhibit B , and photographs are presented in Exhibit C.
Tree #3 , a small redbud , is s ituated within the public right-of-way along Overlook Road
and is regarded as a street tree.
18151 Overlook Road, Los Gatos Page 2of 13
Town of L os Gatos Community Development Dep artm ent
Da vid L. Babby, R egistered Consulting Arborist® September 2 1, 2015
Nine (9) trees have trunks originating o n neighboring properties, and were in ventoried
due to their prox imi ty to the project s ite ; they include #1 , 4, 6-10, 12 and 13 .
Of the 15 inventoried trees, the following 12 are regulated and defined as protected
trees:1 #1-8,11, 12, 14 and 15 .
The o th e r three trees, #9 , 10 and 13 , are exempt from reg ulation, pursuant to Section
29. I 0 .0970 of the Town Code, due to bei ng privets with trunk diameters less than 24
inches (all are situated o n ne ighboring prop erties).
Ten (10) trees were not shown o n the prior plans reviewed , and their locations shown on
the map in Exhibit B are only roughly a pproximate and should not be construed as being
s urveyed ; they include #1, 4, 6-10, 12 , 13 and 15 (accounts for a ll those on neighbo rin g
properties plus # 15).
Other trees located througho ut the site were not inventoried due to having trunks with
diamete rs le ss than fo ur inches.
1 Pursu ant to Section 29.10.0960 of the Town 's Muni ci pal Code. a "protected tree" has a trunk with a
diameter ?.4 " at three fee t above g ra de . F ru it-o r nut-bearing trees with trunk diame ter s le ss than 18" are
exempt (Secti o n 29.10 .0970).
1815 1 Overlook Road, Los Gatos Page 3of13
Town of Los Gatos Community Development Departm ent
David L. Bobby, Registered Consulting Arborist® September 2 1, 2015
3.0 SUITABILITY FOR TREE PRESERVATION
Each tree has been assigned either a "high,' "moderate" or "low" suitability for
preservation rating as a means to cumulatively measure its existing health, structural
integrity, anticipated life span, location, size, particular species, tolerance to construction
impacts, growing space, and safety to property and persons within striking distance.
Descriptions of these ratings are presented below; the high category is comprised of no
trees, the moderate category six (or 40%), and the low category nine (or 60%).
High : Applies to none.
These trees appear relatively healthy and structurally stable; have no apparent, significant
health issues or structural defects ; present a good potential for contributing Jong-term to the
site; and require only periodic or regular care and monitoring to maintain their longevity
and structural integrity . They are typically the most suitable for retaining and incorporating
into the future landscape .
Moderate: Applies to trees #1, 4, 6, 8, 11 and 14.
These trees contribute to the site, but at levels Jess than those assigned a good suitability ;
may have health and/or structural issues that can potentially be reasonably addressed and
properly mitigated ; and frequent care is typically required for their remaining lifespan.
They might be worth retaining , if provided proper care, but not seemingly at significant
expense or major design revisions .
Low: Applies to trees #2, 3, 5, 7, 9, 10, 12, 13 and 15.
These trees have serious or significantly weakened health and/or s tructural defects that are
expected to worsen regardless of tree care measures employed (i.e. beyond likely
recovery). Removal of those located within the site is recommended to improve the tree
landscape and/or site safety .
18151 Overlook Road, Los Gatos Page 4 of13
Town of Los Gatos Community D e velopment D epartment
David L. Babby , Regis tered Cons ulting A rboris t® September 21, 201 5
4.0 REVIEW OF POTENTIAL IMPACTS
Based on my review of project plans, in conjunction with a specific tree's condition and
tolerance to impacts, the following disposition is anticipated:
• Removals (four in total): #2, 3, 5 and 15.
• Retained (eleven in total): #1, 4 and 6-14 .
Regarding removals, tree #2 is a Monterey pine intolerant of root loss , and its decline and
ultimate demise is anticipated within one or more years following site development. Tree
#3 is a small redbud with poor structure, and excavation for constructing the new driveway
will extend up to its trunk and result in severe impacts. Tree #5 is a small evergreen pear
also with a poor structure . Tree #15 can be considered a tall shrub, and is anticipated to be
removed during excavation for the basement.
To my understanding, an application has been submitted to the Town regarding removing
tree #11 , the rearmost oak on the property ; specific reasons for removal are unrelated to
future site construction.
Tree #4 is specified for retention, but would sustain substantial root impacts during
construction of the proposed future curb and parking space/driveway within the existing
planter and six inches from existing fence ; when considering overexcavation is needed to
form and pour the curb/parking space, ground disturbance will occur up to the fence .
Based on #4's size, its protection zone should be a minimum of eight feet from the trunk's
base to back of rock wall (i.e . where dirt of the planter and rocks meet), where all
overexcavation, compaction, trenching and other ground disturbance should be avoided .
Tree #4's base of trunk is roughly four feet from the fence, and the existing planter is 18
inches wide between the fence to back of rock wall (the planter is anticipated to contain
significant roots). When considering this information, design revisions are needed for
adhering to the TPZ and achieving a reasonable assurance of #4's survival.
181 5 1 Overlook Road, Los Gatos Page 5 of13
Town of Los Gatos Community D evelopm ent Department
David L. Babby, R egistered Consulting Arborist® September 21, 2015
5.0 TREE PROTECTION MEASURES
This section presents recommendations for achieving the protection of retained trees
throughout construction. They should be carefully followed , are subject to revision upon
reviewing revised or additional project plans, and I should be consulted in the event any
measure cannot be feasibly implemented. Please note all referenced distances from trunks
are intended to be from the closest edge (face of) of their outermost perimeter at soil grade .
5.1 Design Guidelines
1. Designate a Tree Protection Zone (TPZ) to be the section of existing unpaved
ground beneath or be yond a tree's entire canopy ; for #4, it should be as specified in
Section 4.0 of this report , and for #6, a minimum distance of nine feet west of its
trunk, and from this point north and south, up to 15 feet from the trunk.
A TPZ is where the following activities shall be avoided : trenching, soil scraping,
compaction , mass grading, finish-grading, overexcavation, su bexcavation, tilling,
ripping , swales, bioswales, sto rm drains, dissipaters, dry equipment cleaning,
stockpiling and dumping of materials, equipment/vehicle operation, and shoring
piers/excavation. In the event an impact encroaches slightly within a setback, it can
be reviewed on a case-by-case basis to determine whether measures can sufficiently
mitigate the impacts to less-than-significant levels.
2. Where beneath the canopies of trees #6 and 14, limit overexcavation, compaction,
trenching and other soil disturbance to within 12 to 24 inches beyond the first floor
foundation . For tree #4 , the same limitations are needed beyond the basement and
lightwell walls, as well as the first floor foundation .
3. If shoring is used for constructing the basement, the layout should not require the
loss or large limbs or branches during operation of a pile driver or drill rig for
shoring (and soil nailing and s hotcrete utilized should a conflict exist).
4. For tree #4, implement the design recommendations provided in Section 4.0.
18151 Overlook Road, Los Gatos Page 6of13
Town of Los Gatos Community Developm ent Department
Da vid L. Bobby, R egiste red Con sulting Arboris t® September 2 1, 2015
5 . The proposed retaining wall adjacent to tree #6 shall require no excavation,
trenching or compaction within its TPZ (e.g . utilize a drystack wall with no footings).
Should footings be required for the desired wood wall, the post locations shall be
installed as discussed in Section 5 .3 of this report.
6 . The permanent and temporary drainage design, including downspouts , should not
require water being discharged towards a tree's trunk.
7 . The assigned numbers should be added to Sheet 3 (excluding exempt trees #9, 10
and 13). Additionally, #4's location should be updated on Sheets A I and 3 to reflect
what is identified in Exhibit A.
8 . Update Sheets Al , Al .I and C3 to illustrate protection fencing as shown in red on
the map in Exhibit B. Other fencing locations can be omitted from the plans.
9. On the demolition plan, specify that all below ground existing and unused pipes,
vaults and lighting shall be abandoned and cut off at existing soi I grade where
within a TPZ (rather than being dug up and causing root damage).
10 . Swales should be established well-beyond tree canopies. Where necessary within,
they should be as far from the trunks as possible, require no more than a two-to
three-inch deep cut or fill , avoid severing roots ~two inches in diameter, and not be
compacted (foot-tamping is acceptable).
I l. The erosion control design should consider that any straw wattle or fiber rolls
require a maximum vertical soil cut of two inches for their embedment, and are
established as close to canopy edges as possible (and not against a tree trunk).
12 . Per Section 29.10.1 OOO(C. I) of the Ordinance, a copy of this report (or updated one)
must be incorporated into the final set of project plans; titled Sheets T-1, T-2, etc.
("Tree Protection Instructions"); and referenced on all site-related project plans.
18 151 Ove rlook Road, Los Gat os Pa ge 7 of13
Town of L os Gatos Community D evelopment Department
David L. Bobby, Registered Co11s11/ti11g Arboris t® S eptember 2 1, 2015
13. The landscape design should conform to the following additional guidelines:
a. Plant material installed beneath the canopies of the oaks should be drought-
tolerant, limited in amount, and planted at least five or more feet from their
trunks. Plant material installed beneath the canopies of all other trees should be
at least 24 to 36 in ches from their trunks.
b. Irrigation beneath the oak canopies should not be applied within a distance of
five times their trunk diameters. Irrigation for new plant material beneath their
canopies should be low-volume, appl ied irregularly (such as only once or twice
per week), and temporary (such as no more than three years).
c. Irrigation and lighting features (e .g . main line, lateral lines, valve boxes,
wiring and controllers) should be established beyond TPZs . In the event this is
not feasible , they may require being installed in a radial direction to a tree 's
trunk, and terminate a spec ific distance from a trunk (versus crossing past it).
d. Ground cover should be comprised (partially or entirely) of a three-to four-
inch depth of coarse wood chips or other high-quality mulch (gorilla hair, bark
or rock, stone, cobble, gravel , black plastic or other synthetic ground cover
should be avoided). Mulch should remain six inches from the trees ' trunks.
e . Tilling, ripping and compaction within TPZs should be avoided .
f. Bender board or other edging material proposed beneath the canopies should be
established on top of existing soil grade (such as by using vertical stakes).
14 . Mitigation is necessary to compensate for the removal of protected trees, and
Section 29.10.0985 can be used as the framework for determining amounts and sizes.
The trees shall be planted prior to final inspection, double-staked with rubber tree ties
(may not be necessary for trees of 36-inch box size and larger), and all forms of
irrigation be of an automatic drip or soaker hose system placed on the soil surface
and not in a sleeve. Additionally, to achieve the greatest assurance of proper
installation, all new trees shall be installed, including necessary irrigation, by an
experienced California State-licensed landscape contractor or tree-service company.
18 151 Overlook Road, Los Gatos Page 8 of13
To wn of Los Gatos Community D e velopment D epartment
David L . Babby, R egister ed Co 11s 11/ti11g Arborist® S eptember 21 , 2015
5.2 Before Demolition, Grading and Construction
15 . Manually restore the soil grade at the rear of the site ; the ground should be
'smoothed' and leveled out, being careful not to excavate soil and roots .
16. Spread a four-to five-inch layer of coarse wood chips (Yt-to %-inch in size) from a
tree-service company over the ground within the property's rear section .
17 . A root zone buffer, for foot-traffic only, should be established for tree #6 between
protection fencing and first-floor foundation . It shall comprise a six-to eight-inch
layer of coarse wood chips manually spread on unpaved ground , and to create a
sturdy walking surface, can be covered by plywood sheets of at least %-inch thick
and secured together.
18. The root collars of trees #11 and 14 must be fully cleared of rock and soil on all
sides (360°), and the work performed by a professional and state-licensed tree service
either through hand-digging or the use of an Airspade (not applicable for #I 1 if its
removal is authorized by the Town).
19. Establish tree protection fencing to restrict access into TPZs, and where along
future foundations , no farther than five feet from the basement wall and/or first-floor
foundation; locations are identified on the map in Exhibit B. This fencing shall
remain throughout construction , and consist of five-to six-foot high chain link
mounted on eight-foot tall , two -inch diameter galvanized steel posts that are driven
into the ground .
20. Pursuant to Section 29. I 0.1005(a)(4) of the Town Code, 8.5-by 11-inch warning
signs shall be affixed and prominently displayed on each side of fencing opposite the
trees ' trunks: "WARNING -Tree Protection Zone -this fence shall not be removed
and is subject to penalty according to Town Code 29. l 0.1025." These signs should
be intact prior to commencing demolition .
18151 Overlook Road, Los Gatos Pag e 9 of 13
Town of Los Gatos Co mmunity D evelopm ent D epartment
David L. Bobby, Registered Consulting Arborist® September 21, 2015
5.3 During Demolition, Grading and Construction
21. Supply water to the root zones of #4, 6 and 14 every three to four weeks throughout
the entire construction process, at an amount of five to ten gallons per inch of trunk
diameter. Various application methods include either flooding the inside of a 12-inch
tall berm formed around or near a canopy's perimeter, using soaker hoses , or through
deep-root injection . For #4 and 6, watering only on the project site is sufficient.
22. A root zone buffer, for foot-traffic only, should be establi shed for #4 immediately
following removal of the rear patio. It should be established between protection
fencing and the basement/lightwell wall, and comprise a six-to eight-inch layer of
coarse wood chips manually spread on unpaved ground; to create a sturdy walking
surface, the chips can be covered by plywood sheets of at least %-i nch thick and
secured together.
23. Avoid using tree trunks as winch supports for moving or lifting heavy loads.
24. The staging area and route(s) of access should be established beyond TPZs.
25. Excavation for section of drive (parking space location) beneath #4's canopy should
first be performed by a one-foot wide trench being manually dug along the
pe rimeter of where soil excavation will occur closest to the tree's trunk, and down to
the required subgrade depth (to avoid roots breaking and being damaged closer to the
trunk than otherwise needed). Root s encountered with diameters of ~two inches shall
be cleanly severed by hand (at 90° to the direction of root growth) against the tree
side of the trench. All soil beyond the trench (i.e. away from the tree) can then be
mechanically excavated us ing heavy equipment, and remaining outside the fenced
area(s). Alternatively, the use of a stump grinder could be utilized precisely where a
curb/gutter and any overcut (I 2" max) will be established.
26. Any approved digging or trenching within a TPZ shall be manually performed
without the use of heav y equipment or tractors operating on unpaved ground beneath
canopies.
18151 Overlook Road, Los Gatos Page JOof 13
Town of Los Gatos Community Developm ent Department
David l. Babby, Regist ered Consulting Arborist® September 21, 2015
27. Avoid damaging or cutting roots with diameters 2::.two inches . Should roots of this
size be encountered , within one hour of exposure, they should either be covered by
burlap that remains continually moist unti I covered by soil. If they are approved for
cutting, cleanly severe at 90° to the angle of root growth against the cut line (using
loppers or a sharp hand saw), and then immediately after, the cut end either buried
with soil or covered by a plastic sandwich bag (and secured using a rubber band, and
removed just before backfilling).
28 . Tree pruning shall only be performed in accordance with ANSI A300-200 I
standards, by a California licensed tree-service contractor (D-49) that has an ISA
certified arborist in a supervisory role, ca1Ties General Liability and Worker's
Compensation insurance, and abides by ANSI Z133.1-2006 (Safety Operations).
29. Removing existing hardscape and home within and near a TPZ, such as for tree
#14, must be carefully performed to avoid excavating roots and soil during the
process (and above-ground portion of a tree). The section of existing hardscape
within the designed-fenced area for #14 should be manually performed.
30. The root zone buffer for tree #14 shall be installed immediately following
demolition of the existing rear patio (completed prior to basement excavation).
31 . Any fence posts to be established within a TPZ must be carefully designed to avoid
potential significant impacts. In doing so, I recommend they are planned to be at
least two to three feet from a trunk, minimized in diameter, and spaced as far apart as
possi ble (e.g. at least five plus feet apart). The design should specify that the post
holes are manually dug using a post hole digger or shovel , and roots two inches and
greater in diameter retained and protected during the process (in the event a root of
this size is encountered during digging, the hole should be shifted over 12 inches and
the process repeated).
32. Spoils created during digging shall not be piled or spread on unpaved ground within
a TPZ. If essential , spoils can be temporarily piled on plywood or a tarp.
18151 O verlook R oad, Los Gatos Page 11of13
To wn of L os Gatos Community Development Department
David L. Babby, Registered Consulting Arborist® September21 , 2015
33. Dust accumulating on trunks and canopies during dry weather periods should be
periodically washed away (e.g. every two to three months).
34. Avoid disposing harmful products (such as cement, paint, chemicals, oil and
gasoline) beneath canopies or anywhere on site that allows drainage within or near
TPZs. Herbicides should not be used with a TPZ; where used on site, they should be
labeled for safe use near trees . Liming shall not occur within 50 feet from a trunk.
35. Great care must be taken by equipment operators to position their equipment to
avoid the trunks and branches of trees , including the scorching of foliage (including
along the road).
36. Fertilization may benefit the trees' health, vigor and appearance. If applied,
however, soil samples should first be obtained to identify the pH levels and nutrient
levels so a proper fertilization program can be established . I further recommend any
fertilization is performed under the direction and supervision of a certified arborist,
and in accordance with ANSI A300 (Part 2) -2004 Fertilization standards.
1815 1 O verlook Road, Lo s Gatos Page 12 of1 3
Town of L os Ga tos Community D eve lopment Department
David l. Babby, Registered Consulting Arbo rist® S eptember 21, 2015
EXHIBIT A:
TREE INVENTORY TABLE
(three sheets)
18151 Overlook R oad, Lo s Gatos
Town of L os Gatos Community D evelopment D epartment
•
TREE/
TAG
NO.
7
8
9
ARBOR RESOURCES
profess i onal consul t 1n 43 arborists and tree care
TREE INVENTORY TABLE
TREE NAME
Coast live oak
(Que rc us ag rifolia)
-c: ...
QJ .....
QJ
E
I'll
0
..lit. c:
::J .=
17
SIZE
~
"'C
I'll
QJ ...
Cl.
Vl
> Cl.
0 c: a
30
CO NDITIO N
-'Zi' .....
"' "' ... ...
0 0
3: ~ 3: c: II ·-II
0 *-:s +; 0
'6 .....
~ E ~ c: .,, .,,
0 QJ Iii QJ
u CXl ... CXl
II ::J II L: *-t s Z:!.
I'll 0 ::J
QJ 0 ... 0
:r ..... cil ..... -
600/o 30%
c:
0
:c-+;
I'll -I'll ~ :: QJ
0 QJ 0 "' ....J c: ';:::-~Qr 0 0 +; Q. .....
'6 0 ... I'll
Q. 0 ...
c: ........
-QJ 0 .!:::: ~ -g I'll u u.. =~ ........
I'll "'O .c ........ ... 0 I'll L:
QJ 0 -~ .!!!> > ::J :r 0 ~ I/) -
Poor Low
Comments: Offsite, center of trunk about 8' from fence. Added to map. Sinuous form . Asymmetrical,
one-sided canopy entirely away from site. Multi-leader structure . Partial buried root
collar.
Monterey pine
(Pi nus radiata) IS 25 50% 500/o Fair Moderate
Comments: Offsite, center of trunk about 7' from fence . Narrow form . Added to map.
Glossy privet
(Ligustrum /ucidum ) 11 25 50% 40% Poor Low
Comments: Offsite, tru nk's base abuts fence . Added to map. Crowded conditions beneath #8 and 11.
Glossy privet
10 (Ligustrum lucidum) 9 10 600/o 30% Poo r Low
11
Comments: Offsite, center of trunk about 18" from fence. Added to map. Trunk grows thru fence
from neighbor's side, then upright. Somewhat den se growth of wisteria in canopy.
Coast live oak
(Q11e rc11 s agrifolia) 35 45 400/o 40% Poor Moderate
Comments: Moderate to low suitability. Significant soi l disturbance beneath canopy -compaction
and soil displaced from a small tractor (recent operations, likely during wet soil
condition s). Buried root collar. Small. recent scar along lower trunk . Sparse canopy.
Asymmetrical, nearl y one-sided canopy that is dominant towards south side (due to
crowded conditions). Very high canopy and excessively pruned in past. T runk bifurcates
into codominant leaders at 6' above grade; the central leader has a multi-limb structure.
Site: 18 151 Overlook Road, Los Gatos
Prepared for: Town of Los Gatos
Prep ared by: David L. B abby 2of3 September 21, 2015
David L. Babby, Register ed Consulting Arborist® September 21, 2015
EXHIBIT B:
SITE MAP
(one shee t )
18151 Overlook Road, Los Ga tos
Town of Los Gatos Community Development Department
David L. Babby, R egistered Co nsulting Arborist® September 2 1, 2015
EXHIBI T C:
PHOTOGRAPHS
(four sheets)
Photo Index
Page C-1: Trees #1 thru 6 Page C-3: Trees #10 thru 13
Page C-2 : Trees #6 thru 9 Page C-4: Trees #14 and 15
1815 1 Overlook Road, Los Gatos
Town of Los Gatos Community Development D epartment
Existing hot1se on the site
How,e to the immediate left
NeJrby house Lo the left
CANNON DESIGN GROUP
I louse to the immediate right
Nearby house 10 the nght
Nearby hou!>e to the left
18151 Overlook Ro ad
Design Review Commenrs
April 29, 20 I 5 Page 2
NeJrb> mult1famil} home~ c1cross O\erlook Ro.icl
700 LARKSPUR LANDING C I RCLE . SU ITE 199 . LAR KSPUR . CA . 94939
Existing house on the site
House to the immediate left
Nearby house to the left
Nearb>' house to the left
CANNON D ESIGN GROUP
House to the immediate right
Nearby house to the right
Nearby house to the left
18151 Overl ook Road
D esig n Review Comments
D ece mber 1 1, 2015 Page 2
Nearby mullifam1I> hom0s across Overlook Road
700 LARKSPU R LANDING C I RC LE. SU ITE 199 . LARKS PUR . CA. 94939
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Intentionally
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From: Larry cannon [mailto:cdgplan@pacbell.net]
Sent: Wednesday, January 06, 2016 10:32 AM
To: Erin M. Walters
Subject: Re: 18151 Overlook Road-Revised Plans
Hi Erin
Happy New Year.
I thought about all of the issues you raised during each of my reviews . I am comfortable with the
design as proposed. It is a two-story house between two one-story homes, but if one looks at the
streetscape drawing, there is an alternation of one and two-story homes along this street front,
and those existing conditions do not seem awkward to my eye. The design of this house is such
that it'd scale is appropriate, and should blend well with the one-story structures nearby. The
proposed Contemporary Craftsman Style allows a fair amount oflatitude in form , materials and
details. The style by its very nature and historical evolution has a certain eclectic quality, and I
feel that the proposed forms , materials and details easily fall within an acceptable range in my
judgment. Hope this helps. Let me know if you need more.
Larry
Larry Cannon
CA NNON DESIGN GROUP
700 Larksp ur Landing Circle
Suite 199
Larkspur, CA 94939
(415) 331-3795
s-14 -0::&
EXHIBIT 1 2
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: -
.A.ugus t 4th 2015
Homeowner or Occupant
Ove rlook Road
Los Gatos , CA 95030
RE : 18151 Overlook Road -New Home Pla ns
Dear Neighbor.
URBAN WEST
TO\fv'N O F LOS GATOS
PL.ANNING DIVISIO N
~~1t.t-O~cP
I hope you have been enj oyi ng your summer and that it has brought you and your fa mily good health and good
spirits. My name in Lance Tate and I am a local real estate developer as well as a Los Gatos native I live in Los
Gatos with my wife , my 7 year ol d son who attends Louise Van Meter and my daughter Le ighton (born 2/25/15).
The reason for my letter is two-fold . First , I would like to inform you of what we have planned for 18151 Overlook
Road . Along with the letter you will find a site plan , fl oorpla n , elevations , as well as a few architectural e xamples
of what we are proposing to build . I invite you to review the plans and use my contact in formation below to ask
me any questions you may have about the proje ct. The se cond purpose is to as k for you r support of our project.
I don 't expect this to come immediately or without questions but I wi ll encourage you to take a look , along with the
plans , at some of our prev ious work by vis iting our website at www.urbanwest.com . As you will see , we have a
track reco rd of building high quality homes that add to the value and appeal of both up and comi ng and
established neighborhoods . If you are in support of our project all I ask is that yo u complete the attached Letter of
Support , place it in the pre-addressed and stamped envelope provided , and place in the mai l.
We have invested a good a mou nt of time and money in developing a plan and concept that we feel is considerate
of the neighborhood 's architecture and character. As Los Gatos locals, your feedback a nd support is important to
us. That being sa id . I cannot stress enough that we welcome your feedback . Again , please find my contact
information below We loo k forward to hearing from yo u.
Warm rega rd s ,
Lance Tate , managing member
408 399 4950 x2 office J 858.401 9810 mobi le J lance@urbanwes t.com
EXHIBIT 1 3