Item 2 - 15299 Top of the Hill Road Addendum and Attachments
PREPARED BY: Jennifer Armer, AICP
Senior Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
CONCEPTUAL DEVELOPMENT
ADVISORY COMMITTEE REPORT
MEETING DATE: 10/14/2020 ITEM NO: 2
ADDENDUM
DATE: October 13, 2020
TO: Conceptual Development Advisory Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Conceptual Development Advisory Committee Application CD-20-005. Project
Location: 15299 Top of the Hill Road.
Property Owner: Jamshidi Trust.
Applicant: Samir Sharma.
Requesting preliminary review of a proposal for subdivision of one lot into three
lots on property zoned RC. APN 537-24-022.
REMARKS:
Attachment 8 contains written comments received by 11:00 a.m., Tuesday, October 13, 2020.
ATTACHMENTS:
Attachments previously received with October 14, 2020 Staff Report:
1. Location map
2. CDAC Application
3. Project Description Letter
4. General Plan map of surrounding area
5. Zoning map of surrounding area
6. Initial Conceptual Plans
7. Preferred Conceptual Plans
Attachment received with this Addendum:
8. Public Comments received by 11:00 a.m., Tuesday, October 13, 2020
ATTACHMENT 8
From: R Darrell Boyl
Sent: Wednesday, October 7, 2020 10:38 AM
To: Arn Andrews
Subject: fire evacuation planning Top of the Hill Road
Mr. Andrews -
I live at 15308 Top of the Hill Road and the Kennedy Road trailhead for Sierra Azule open space
is just across the road from the small group of homes here. Kennedy is the only way in and out,
and if the open space caught fire we could have a difficult time evacuating. I’ve been seeking a
back way out through 15299 Top of the Hill Road, which is owned by Pari Jamshidi. Her son in
law, Rob Sclingo, and I have hiked her parcel and talked about creating a way out. The Jamshidi
property goes downhill to Suview Road which connects to Shannon Road, but there is no road
or lane on Jamshidi to Suview. If we had to flee on foot we could go that way, although there is
some vegetation to get through.
Jamshidi has recently applied for a permit to change the zoning designation on her 15.5 acre
parcel and to subdivide allowing two additional homes. Nothing in the plans that I could see on
your website calls for a lane or road connecting Top of the Hill Road to Suview. I suspect the
developer she is working with isn’t interested in that expense. I wonder if anyone in the Town is
interested in helping provide for a fire evacuation route out.
Our group of neighbors feel pretty vulnerable to wildfire. Any suggestions will be appreciated.
Best,
Darrell
Darrell Boyle
From: Joe
Sent: Friday, October 9, 2020 1:52 PM
To: Arn Andrews
Cc: Darrell Boyle; Joanne Rodgers; Susan Flatness; Carol Wallace; Robert Wallace; Randy
Flatness; Stacey Hein; Lauren Boyle
Subject: Fire Safety for Homes located on Top of the Hill Road and court
Arn Andrews, Assistant Los Gatos Town Manager
and Eugenia Rendler, Interim Executive Director of
Santa Clara County Firesafe Council
Dear Mr. Andrews and Ms. Rendler:
My wife, Joanne Rodgers, and I just received a Notice dated October 2, 2020 of a
Public Meeting via teleconference of the Conceptual Development Advisory Committee
to be held on Wednesday, October 14, 2020 at 4:30 pm.
We are very concerned about the potential for a major fire on the Mid Peninsula Open
Space property (commonly referred to as Sierra Azule) which has an entrance to the
trail head located across from our property, which is located at 15287 Top of the Hill
Road, Los Gatos 95032.
It is my understanding that Samir Sharma, on behalf of the Jamshidi Trust, would like to
subdivide one lot at 15299 Top of the Hill Road, which is currently zoned RC (APN 537-
24-022) into three lots with the constructions of two additional houses, each of about
6,000 square feet.
In advance of the meeting would you please advise us about any proposed road and
other improvements that are to be made for the safe ingress and egress from the
residences in this area in the event of a fire.
I look forward to hearing from you.
Yours truly,
Joseph T. Rodgers
and Joanne C. Rodgers
15287 Top of the Hill Ct.
Los Gatos, CA 95032
From: Josine Smits <josinesmits@msn.com>
Sent: Monday, October 12, 2020 9:24 AM
To: Planning Comment <PlanningComment@losgatosca.gov>
Subject: Regarding Jamshidi Application CD-20-005 APN537-24-022
Dear Jennifer,
Thank you for the notification regarding the Conceptual Development Advisory Committee
Application CD-20-005.
My husband Dirk and I have prepared a response in the following 3 attachments: 1) A letter
outlining our concerns, 2) A section from the hydrological report prepared by Larry B.Fishbain,
P.E. during the original Jamshidi development project in 1996, and 3) A letter from that time
detailing the issues with a Building Code Violation in the placing of the two water tanks on the
Jamshidi property.
I would appreciate it if you could acknowledge receipt of all three attachments.
Thank you and best wishes,
Josine Smits
15280 Shannon Road
Los Gatos, CA 95032
October 12th, 2020.
Re: Conceptual Development Advisory Committee Application CD-20-005. APN 537-24-022.
To whom it may concern.
My husband Dirk and I have received the notification of the preliminary review of the Jamshidi
subdivision and development proposal and we have reviewed the plans.
History of run-off problems
We would like to make you aware that we have a 25-year history with the erosive impact of the
original Jamshidi development on our land. An analysis of the impact on run-off due to the
Jamshidi’s illegal pre-development construction of ca.1 acre of concrete driveways, as well as of
the subsequent construction of the residence is contained in the report which our hydrologist,
Larry B.Fishbain P.E., presented to the Los Gatos Town Council in 1996. I have attached the text
of the report. I would be happy to send you a copy of the calculations if required. Please be so
kind to read the Fishbain report.
Recognizing the validity of our case, new conditions regarding drainage, reviewed by the Los
Gatos Town engineer, were adopted by the Los Gatos Town Council in 1996 (Resolution 1996-
125). However, the solution adopted at the time, of diverting the run-off into a pipe, channeling
it down the Jamshidi property, across the swale to Suview and all the way down Suview to
Shannon Road, is extremely problematic in its own right. The increased water velocity taxes the
infra-structure downstream along Shannon Road and beyond.
The current subdivision and development proposal now under review states that the run-off
caused by the additional two houses and the hard surfaces of pavement will be retained on site
up to a 25 year storm. Taking the traditional 25 year storm as a benchmark is no longer
meaningful, given the effects of climate change on extreme storm events such as we have
witnessed several times in the last decade. The intensity of rainfall events has vastly increased.
How many rain storm events in the range between 25 and 100 years have occurred since the
original Jamshidi development in 1996? Please address this issue.
Ongoing erosion on our land due to run-off and the scouring action of silt that has steadily been
coming down from the Jamshidi property indicates that the original measures were not
adequate.
Tree cover
In 1987, preparing for their construction project, the Jamshidi’s scraped the entire property
down to the bare soil, removing all native vegetation and leaving only the planted Monterey
pines, which are not native to our hills.
The native coast live oaks that have continuously tried to re-establish themselves in their
former habitat have been systematically removed by the Jamshidi’s. Note the difference in tree
cover between the Jamshidi property and our own. The loss of tree and plant cover on the
Jamshidi property, and the resulting loss of topsoil, aggravates the increase in run-off onto our
land even today.
Amending General Plan and Williamson Act Resource Conservation Zoning
The Project Letter states that “The current site is bordered by lots ranging in size from 1 acre to
4 acres.” This is not correct. On the contrary, the Jamshidi parcel abuts our own 21 acre
property along its entire east and southern side.
To increase housing density in the hills at a time of massive climate-change induced wildfires
seems ill-advised. As reported by the newspapers, scientists and planners are rethinking the
wildland urban interface. If the General Plan is to be amended at all, it should reflect these new
realities.
In 2003 my husband Dirk and I donated an Open Space and Conservation Easement over 11
acres on our property with the intent to preserve the land in a natural state and to maintain the
existing wildlife habitat. This open space dedication was not tied to a development proposal. It
was something we wanted to do for the Town of Los Gatos, in support of the Hillside
Development Standards and Guidelines put in place to preserve the natural open space
character of hillside lands, natural vegetation, wildlife habitats and migration corridors, and
view sheds. The Town Council of Los Gatos accepted the grant jointly with the Mid-Peninsula
Regional Open Space District on December 1st, 2003 (Resolution 2003-138).
This wildlife corridor runs from the ridge to Shannon Road along the entire east side of the
Jamshidi property. Even though the Jamshidi property is a degraded habitat (due to the pre-
development installation of a perimeter fence and scraping) it is still a green space and habitat
and it could recover. The Jamshidi subdivision would undermine the intent of our easement
donation as well as the longstanding Open Space policy of the Town.
Run-off Impact of New Proposal
Run-off from the proposed parcel 1 crosses our Open Space and Conservation Easement
wildlife corridor diagonally and then turns around to flow down Ross Creek, which runs the
entire length of our property below Shannon Road: first in a deep channel at the foot of the
original oak woodland which is part of the easement, then into a culvert under our 100 year old
redwood barn, through our garden which was landscaped by the original owners during the
1920’s, through a culvert under our parking lot into a shallow swale that frequently floods
halfway across Shannon, and onward.
The proposed Jamshidi development will cause stream bank erosion and land-sliding along our
creeks, endanger our structures, increase the frequency and magnitude of flooding on Shannon
Road, and impose the burden of upgrading the infrastructure of culverts down-stream on the
public.
Elevation of ridge
The ridge at the proposed building pad parcel 1 was heightened by infill during the time of
construction of the Jamshidi residence by several feet. Please compare with earlier topo maps
and restore the ridge to its original shape and elevation.
Water tanks placement
In 1996 the Jamshidi’s placed two 10,000 gallon water tanks within the legal setback of our
Open Space and Conservation Easement on the ridge, overshadowing the most beautiful spot
on our property. The Building Code Violation was committed in the County before annexation.
To resolve the issue the Jamshidi’s planted some non-native shrubs as a visual screen, but since
they were not properly irrigated they promptly died. The tanks should be moved away from the
fence to conform to legal setback requirements.
Thank you for your consideration,
Dirk and Josine Smits
15280 Shannon Road
Los Gatos, CA 95032
Email: josinesmits@msn.com
Attachments:
1) Fishbain hydrological report.
2) Letter to the County regarding Code Violation of Jamshidi water tanks.
From: Joanne Rodgers
Sent: Monday, October 12, 2020 8:30:30 PM
To: Planning Comment <PlanningComment@losgatosca.gov>
Subject: 15299 Top of the Hill Road
Dear Committee,
On receiving the notification on the proposed development on the hill top property of 15299
Top of the Hill Rd.
it surprised me that we had NOT been notified sooner. About a year and a half ago the Property
Owner was looking into
the availability of expanding the small private hillside water lines of Kennon Water, to that
property.
As you know, water in the mountains is scare and hard to deliver and with the constant threat
of fire, water is an important commodity.
Adding two 6000 sq.ft. homes to the already existing two structures on the property —one is
5668 sq. ft. and second structure of 2551 sq. ft.-
would add a great burden and danger to this hillside.
Top of the Hill Rd. is directly across from the Sierra Azul trail, a particularly busy and utilized
Mid-Pen Open Space,
Top of the Hill Rd. is frequently blocked on one side so that vehicles have to use what becomes
a one-lane road.
Emergency vehicles have difficulty using this if there is any other obstruction.
It concerns me that added traffic up and down Top of the Hill Rd. would be dangerous to the
residents who live here now.
The Property Owner has stated that the reason for building on this property is for “financial
hardship" reasons.
I am NOT in favor of changing the Williamson Act zoning so that this development can go
forward.
Joanne Rodgers
15287 Top of the Hill Ct.
Los Gatos, CA 95032