11 Staff Report - 15220 Kennedy Road••
DATE:
TO:
FROM:
COUNCIL AGENDA REPORT
January 28,2004
MAYOR AND TOWN COUNCIL
DEBRA J.FIGONE,TOWN MANAGER
MEETING DATE:2/02/04
ITEMNO.j/
SUBJECT:CONSIDER AN APPEAL OF THE DECISION OF THE PLANNING
COMMISSION TO APPROVE A GRADING PERMIT FOR LANDSCAPING
IMPROVEMENTS AND TO INSTALL SOLAR PANELS ON PROPERTY
ZONED HR-2 Y2.ARCHITECTURE AND SITE APPLICATION S-01-98
AND NEGATIVE DECLARATION ND-04-03.PROPERTY LOCATION:
15220 KENNEDY ROAD PROPERTY OWNER!APPLICANT/APPELLANT:
JIM DEISCHSTETTER
RECOMMENDATION:
1.Hold the public hearing and receive public testimony.
2.Close the public hearing.
3.Uphold the Planning Commission's decision and approve Architecture and Site Application
S-01-98 with conditions.
4.Refer to the Town Attorney for the preparation of the appropriate resolution.
If the Town Council determines that the appeal should be granted and that the Planning Commission's
decision should be reversed or modified:
1.The Council needs to find one or more ()f the following:
(A)Where there was error or abuse of discretion on the part of the Planning Commission;
(B)The new information that was submitted to the Council during the appeal process that
was not readily and reasonably available for submission to the Commission;or
(C)An issue or policy over which the Commission did not have discretion to modify or
address,but which is vested in the Council for modification or decision.
PREP ARED BY:
,;;-,.,",r'\:)~~,~
BUD N.LO~TZ ~2J
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by:~Assistant Town Manager ~Town Attorney __Clerk,__,Finance
yCommunity Development Revised:1/28/04 2:53 pm
Refonnatted:5/30/02
j •
Page 2
MAYORANDTOWNCOUNC~
RE:APPEAL OF 15220 KENNEDY ROAD
January 28,2004
If the predominant reason for modifying or reversing the decision of the Planning Commission is new
information as defined in subsection (B)above,it is the Town's policy that the app lication be returned
to the Commission for review in light of the new information unless the new information has a
minimal effect on the applicant.
2.Refer to the Town Attorney for preparation of the appropriate resolution.
PROJECT SUMMARY
The applicant is requesting approval for landscaping improvements and installation of a series of 10,
ground mounted solar panels.The subject property is approximately 2.53 acres and is located on
Kennedy Road,just east of Top of the Hill Road.
The proposed sol'!I array is located south of the existing home,on an approximate 37%slope.The
ten solar panels will be arranged in two rows of four panels and one row of two panels.Each solar
panel is spaced four feet apart.Each solar panel is 10.3'wide by 16.3'long with a maximum height
of four feet above the ground surface which includes the mounting poles.The panels are mounted
on a pole and connected by a conduit that leads to the existing house.The purpose ofthe solar panels
is to generate power for the existing home.
The proposed landscaping is located on the existing leach field area near the northeast comer of the
site.The proposal includes importing approximately 100 cubic yards spread over 8,500 square feet
of soil to cover the leach field area..
PLANNING COMMISSION
The Planning Commission considered this matter on December 10,2003 and approved the project
with the following added conditions (Attachment 4).Please see staff report for additional information
(Attachment 6).
1.Solar panels shall be moved closer the home to the flatter developed area around the house
to the satisfaction of the Director of Community Development.The use of photo simulation
should be used to determine the visibility of the solar panels.Visibility of the solar panels
shall be minimized..
2.The leach field area shall not be irrigated.
3.All perimeter fencing shall allow for wildlife migration.
4.Solar panels shall be limited to the size that the California Energy Commission (CEC)allows
or the amount of solar panels necessary to provide electricity for the house,whichever is less.
The Planning Commission was concerned with the location of the solar panels and directed the
applicant to work with staff to move the solar panels closer to the home and to a flatter developed area
around the house.The Planning Commission's intent is to encourage the applicant to find a location
that best protects the natural features of the land.In addition,the Commission wanted to reduce the
'.
Page 3
MAYORANDTOWNCOUNC~
RE:APPEAL OF 15220 KENNEDY ROAD
January 28,2004
visual impacts from the open space through strategic landscape screening around the base of the solar
array that will not impact the performance of the solar panels.
APPELLANT'S POSITION
On December 22,2003,the applicant appealed the decision ofthe Planning Commission (Attachment
1).The basis for the appeal is as follows:
1.After further analysis,the applicant asserts that the solar panels can not be moved closer to the
house or on flatter ground without increasing the panel size and,therefore,increasing visibility of the
panels.The applicant has submitted additional information to staff (Attachment 2).
2.The applicant quotes General Plan Section C.I.7.l.G which states,"Identify any current Town
regulation that may limit feasible energy conservation or solar energy applications and consider
modifications."(Attachment 7).The applicant states that the Planning Commission did not have
discretion to address this implementation strategy.The applicant has commented on the policies that
he believes limit feasible energy conservation (Attachment 2).
DISCUSSION
Subsequent to the Planning Commission hearing,the applicant met with staff and proposed to move"
the solar panels 15'to the north and east of the existing proposal.Staff determined that this location
did not satisfy the direction of the Planning Commission in that the panels were not located on the
flatter developed area around the house.Staff requested an energy audit for the house to determir.c
the possibility of achieving energy conservation throu",.l alternative measures.Perhaps there is 2'
opportunity to conserve more energy by adjusting the systems of the house and therefore the need L.
solar panels can be reduced or eliminated.Instead the applicant has conducted a home energy analysis
report through PG and E and will present the results during his presentation.Staff attempted to work
with the applicant to come up with acceptable design alternatives including the possibility oflocating
some of the panels on the roof of the home or on the vegetable garden area,but these were not
acceptable to the applicant.The applicant would prefer to locate the panels in an area that is not
visible from his house.
The applicant states that locating the panels on flat land would require the panels to be angled at thirty
degrees to the land which causes the height of the panel to be eight feet high.Thirty degrees to the
land is the most efficient angle for the solar panels,but there are alternatives to consider.If the
applicant locates the panels on the flat part of the land,it is possible to angle the panels at an angle that
is less than thirty degrees.For example,ifthe panels were angled at 20 degrees then the height of the
panels would be 6 feet in height.10 degrees would create a 3 foot tall panel and so on.However,the
lower the angle of the panels,the more inefficient the panels will be and therefore requiring the
number of required panels to increase and the overall area to increase.On a previous application,
testimony was offered that panels installed in a horizontal manner would reduce performance by 12%.
Therefore,locating the panels on flatter land and reducing the angle of the panels might cause the
number of total panels to increase if the desire is to eliminate energy consumption from the
Page 4
MAYORANDTOWNCOUNC~
RE:APPEAL OF 15220 KENNEDY ROAD
January 28.2004
commercial electrical grid.With this infonnation,staff suggested that the applicant consider locating
the panels on the vegetable garden,which is relatively flat and face the panels towards the south.At
this location,the back of the panels would be visible from Kennedy Road.Staffsuggested installation
of a landscape screen combined with an earth benn to screen the back of the solar panels.The
applicant considered this suggestion and decided ~hat it was not economically feasible and not
desirable for him to pursue this approach.The applicant states that it would cost him too much money
to wire the solar panels to that location and that he didn't want the panels visible from his home.
There are goals and policies that pertain to open space and hillside development that relate to this
application which the Planning Commission considered in attempting to find balance between the
Town's support for alternative energy technologies and the desire to preserve our hillside areas from
the impact of development.These goals and policies are p~ovided in the following sections of the
General Plan (Attachment 7):
1.Land Use Element,Issue #8,Maintain the Natural Environmental Setting
2.Open Space Element,Issue #4,Open Space and Hillside Preservation
3.Conservation Element,Issue #7,Energy ,
The Town routinely approves applications for solar panels.Clearly,the Town supports the use of
alternative energy technologies as reflected in the Town's General Plan.However,these policies must
be applied in conjunction with the Town's other practices and policies intended to preserve the natural
hillside open space character,natural environment and rural atmosphere.In thisinstance,the Planning
Commission attempted to balance these goals and policies through a conditional approval that will not
impact the perfonnance of solar panels and will protect the character and ecological health of our
f1'..'ile hillsides.
ENVIRONMENTAL ASSESSMENT:
As required by the California Environmental Quality Act (CEQA),an Initial Study and Mitigated
Negative Declaration have been prepared (Exhibit D and E of Exhibit 6).
FISCAL IMP ACT:None
Attachments:
1.Notice of Appeal (one page)received on December 22,2003.,.
2.Additional Infonnation from Applicant received on January 23,2004 (14 pages)
3.Required Considerations (3 pages)
4.Recommended Conditions of Approval (4 pages)
5.Excepts from the Planning Commission minutes for December 10,2003
6.Report to the Planning Commission from the Development Review Committee dated December
10,2003 (minus development plans and pictures for justification letter)
7.Excerpts from the General Plan (8 pages)
8.Pictures for justification letter,staff report exhibit C-Solar panels (3 pages)
••
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MAYORANDTOWNCOUNC~
RE:APPEAL OF 15220 KENNEDY ROAD
January 28,2004
9.Pictures for justification letter,staff report exhibit C-Landscaping (1 page)
10.Development Plans (5 pages)
Distribution:
Jim Deichstetter,15220 Kennedy Road,Los Gatos,CA 95032
BNL:JSG:mdc
N:\D EWudie\projects\Kennedy\appeal.wpd
OF PLANNING COMMISSION DECISION
lown ot Los liatos
FtLING FEES Office of the Town Clerk
$250.00 Residential r----+---L-J..L..Ji.:.---IIO E.Main St.,Los Gatos CA 95030
$1000 per Commercial,M lti-
family or Tentative Map A pe~E
ePursuanttotheTownCode,the Town Council may only grant an appeal ofa Planning Commission d
Council finds that one of three (3)reasons exist for granting the appeal by a vote of at least three (3)~~.umWEtd!!tJ.!W:J!dld1!e..-----1
please specify how one of those reasons exist in the appeal:.
1.The Planning Commission erred or abused its discretion because RE.C E1VEO'-------
eEC 2 Z 2003
TOWN OF LOS GATOS
OFFICE OF 1£!YiN CLERK
I,the undersigned,do hereby appeal a decision of the Planning Commission as follows:(PLEASE TYpP~E!!!;O;:.\,R"P~~~~~~--=::-I
DATE OF PLANNING COMMISSION DECISION:I I-I /0 I 0 :~_'-=..8_-=---=:::.-..,~
PROJECT /APPLICATION NO:j -(),-11'U
ADDRESS LOCATION:I -).1-0 Ke V IJ F]J V
lOWN OF lOS GATOS ;OR
I ~'i'~ING DEPA:?'\T/.~EtlT
_______________________(please attach the new information if possible):OR
The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the To\VIl .
Council:(Sf E)J 6-1:A L f'I./)rJ 5 tfC.reo j)C.Z.Z 1.Gj;]1 qt;t {f r ,4 j.../y c.{/~If C'tv7""t-o 1././IV,
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t;l-v'e;f(;d~if/I'L«A 7"fOt'u';A!Vj)<otV5/.lJnf I/lCJJf f'1<A"TfOtV';i
IF MORE SPACE IS NEEDED,PLEASE ATTACH ADDITIONAL SHEETS.
IMPORTANT:
1.Appeal must be filed within ten (10)calendar days of Planning Commission Decision accompanied by the required filing fee.
Deadline is 5:00 p.m.on the lOth day following the decision.If the lOth day is a Saturday,Sunday,or To\VIl holiday,then it
may be filed on the workday immediately following the lOth day,usually a Monday.
2.The Town Clerk will set the hearing withing 56 days of the date of the Planning Commission Decision (To\VIl Ordinance
No.1967).
3.An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in
the Zoning or Subdivision Code,as applicable,which is different from other appeals.
4.Once filed,the appeal will be heard by the To\VIl Council.
5,If the reason for granting an appeal is the receipt of new information,the application will usually be returned to the Planning
Commission for reconsideration.
PRINT NAME:
DATE:
PHONE:
(J./,2>")0)
SIGNATURE:(Ja~l:'~-W6t..
ADDRESS:~)..;2.0 K t j..)//.e-!/y /-:;)
(05 G,4 Y65 Cd -=-(-;tr..)/Z
CONFIRMATION LETTER SENT:Date:_
TO APPLICANT &APPELLANT BY:
DATE OF PUBLICATION:!ib2jor
***OFFICIAL USE ONLY ***
",M ~d~Otj\TE OF PUBLIC HEARING:
Pending Planning Department Confirmation
DATE TO SEND PUBLICATIO~:i /;5 )(:)1
/ J
N:\Clk\FORMS\Planning Commission Appeal.wpd Rev:5/20/02
Attachment 1
Attachment 2
••
Background Solar Information
A solar array is composed of individual panels that are about 62"x 32.5"x 2".These panels mount to a
support structure.The support structure chosen for this project mounts on single post;each post is capable of
supporting up to 12 panels.This support structure was chosen because it is less susceptible to seismic damage.
In the following document I will refer to a post with a number panels attached to it as a cluster.Wires are laid
from the clusters to a power room where inverters are mounted on the wall (an inverter converts DC to AC).
The output of the inverters is connected to PG&E,where service enters the house.A fully configured inverter is
capable of supporting 16 panels.With 12 panels per cluster and 16 Panels per inverter,clusters must be
grouped to account for this.For this project there are four clusters in a row for a total of 48 panels which
provide power to three inverters.The third row of clusters has two clusters of 8.
Panels need to be mounted at a 30 degree angle to maximize solar collection.
Each panel is made up of rows of cells.These cells are like batteries,connected like batteries in a flashlight.
With a flash light if you have one dead battery,and all the rest of them are good,the flashlight doesn't work.In
a similar manner if one cell in a row is in the shade,that cell is dead and the output from the entire row is
blocked.
The panels are sensitive to heat:The hotter they are the less power they produce,and they can be destroyed by
too much heat.The non-generating surfaces on the panel are aluminum in order to dissipate heat.
.The DC current generated by the solar panels does not travel as well as AC,power losses over distance are
...much greater for DC than for AC.To compensate for this power loss the conduit and wires that connect the
array to the power room must be larger,and must increase even more if the distance to the power room
increases.In my experience contractors are looking for the shortest distance,and after some point the system is
no longer practical.
Town of Los Gatos Hillside and General Plans
Applicable Quotes and Commentary
General Plan:
In section 10 CD.G.2.1:
"To preserve the natural beauty and ecological health of the hillsides"
Also in section 10 CD.P.2.2:
"Consideration shall be given to the siting of homes for privacy,livability,protection of natural plant
and wildlife habitat and migration corridors,adequate solar access and wind conditions.Siting should
take advantage of scenic views but should not create significant ecological or visual impacts affecting
open spaces,public places,or other properties".
In Section 6 O.P .4.1 :
"Preserve natural open space character of prominent visible hillside lands."
As an environmentalist,I agree completely.All the "Landscaping"I am doing to improve my property is being
done with the native vegetation in mind,but there is another step that can be taken beyondjust preserving.and
th4t is restoration.Attached you will find pages from the Open Space's Resource Mdnagement Five-year
Strategic Plan.Note:the intention is to restore the Open Space to a native state.·The hillside south ofmy house
is not a beautiful meadow,but an area that was long ago stripped ofits native vegetation and planted with'
European grasses for grazing cattle.Since then the"invasive non-native species"(chiefly Star Thistle)tHe Open
Space talked about in theirplan have taken over the area.It is a continual struggle to keep the star thistle/rom
spreading to areas I have already restored.I intend,with the help ofthe Open Space to restore this hillside to
it's native appearance.Once I have completedmy own property,I intend to ask the Open Space ifthey would
like me to continue my restorations on their property.As much as I want to preserve and restore our natural
environment there is an even larger concern and that is what the burning offossil fuels is doing to our
atmosphere.As we continue to dump tons and tons ofcarbon dioxide and other green house gases into.our
atmosphere we are changing our climate.And this change will ultimately result in changing our local
environment into one that looks more like the LA area.There are always trade"offs,and although I know that
no matter where I put the solar array on my property it will still be visible from Kennedy Rd.and the Open
Space (The best I can do is minimize its size,and keep it low to the ground),this visual impact must be
weighed against the fact that it will be eliminating the addition of20 tons of carbon dioxide,and many more
tons ofother pollutants from the atmosphere each year.That on a hot summer day,the array will be adding
17 KW ofpower to the grid thus reducing the town's demandfor power.Included is a modified picture ofthe
hillside showing what the solar array would look like on the hillside once I have restored area.
(Please note:As a do it yourselfer,I do all my own landscaping.When it comes to .landscapingthe hillside I have a lot of work to do
in determining what I should plant,much less plant it.In order to get the CEC rebate the city must [mal project before the ~xpiration
date of my reservation (see Economics below).If I am requiredto plant the hillside before the project can be finaled,I will have to
select the plants not knowing if they will grow,and a hire a landscaper to plant them(something I cannot afford).Please let me.do.this
at my own pace.I will get the plants required for screening planted before the end of2004.I also need,to base the size of the plants on
the soil conditions.I usually plant 5 gallon plants(it is what I am able to carry down the hill),but in some situations when I am
planting in a rocky area I have to use I Gallon's plants between the rocks)
In section 7 on Conservation there are several places that encourage the use of Solar Energy.But I will only
quote from The Goal and the Implementing Strategies.
Goal:e.G.7.1:
"To Foster development that reduces the use of non-renewable energy resources and expand the use of
renewable resources and alternative fuels"
Implementing Strategies:C.I.7.1G
"Identify any current Town regulation that may limit feasible energy conservation or solar energy
applications and consider modification."
These General Plan Quotes seem to indicate that the Town is prepared to interpret and/or adjust regulations to
encourage solar.
Hillside Plan:
••
\From Hillside Plan 1.0 Land Use:1.1 Findings:
i
"Both County and Town Zoning Ordinances make provision for clustering of dwelling units to
discourage the development of steeper slopes and encourage use of the level areas.In addition,in order to
promote design harmonious with the mountain environment,the Town requires architectural and site
review"
From Hillside Plan 1.0 Land Use:1.3 Policies:3.Clustering of Dwelling Units:
"Clustering of dwelling units should be encouraged to preserve the scenic nature of the hillsides and to
allow for economies in construction of required public and private facilities"
When lfirst read these quotes,I though they applied to subdivisions not to installing a solar array on a hillside.
But ifa solar array is included in the term "Dwelling Unit ",I would point out that the quotes use the words
"encourage"and "discourage"and not require or prohibit.The second quote shows a concern for the
economies ofconstruction,lor this project the most economical and least visible location is the one that was
originally proposed.
These quote I assume are what prompted the planning commission to pass thelollowing:
CONDITIONS OF APPROVAL
:Item number four of the Planning commissions CONDITIONS OF APPROVAL states:
Solar panels shall be moved closer to the home to the flatter developed area around the house to the satisfaction
of the Director of Community Development.The use of photo simulation should be used to determine the
visibility of the solar panels.Visibility of the solar panels shall be minimized.
Due to the nature of solar arrays the two underlined sentences above are contradictory.(See the attached solar
array cross section).On a hillside with a 30 degree slope the panels can be located 4ft.off the ground,providing
a relatively low visibility profile.From the side you essentially see the 2 in.wide edge 4ft.off the ground.From
the cross section you see that on flat ground a cluster is 12ft.tall.And to avoid one cluster shading the cluster
behind it,each succeeding row must be higher up or further back.On flat ground rows of clusters must be
located 30 to 35 feet apart to avoid shading.The flatter the ground the larger the array field!\Vhen I chose the
location for the array field I did so with visibility in mind.The contractor wanted to put it farther up the hill
toward the house to shorten the electrical run.He also wanted 6ft.tall poles.I insisted on minimizing the height
and moving it further down the hill to reduce visibility from Kennedy Rd.
Putting the clusters on flatter ground has another visual impact;the metal structure supporting the panels is
exposed (see attachment).
I have attempted to meet this requirement by examining three areas;the east side yard,which is relatively flat,
the vegetable garden area south of the east side yard,which is also relatively flat,and 15ft.up the hill from the
originally proposed site.I took photographs from various locations of my son holding a 12ft.pole to simulate
what a cluster in that location would look like.
The east side yard:Contains my leach field,construction is not allowed.It is too far from my PG&E connectior
and would be highly visible from not only Kennedy Rd.but also by my east neighbor and the living area of my
property.This location would also have a shading issue,being partially shaded in morning by the neighbors
house and in the late afternoon by my house.
The vegetable garden area:Is the same distance from the PG&E connection,as the original site.However,the
use of that route would require laying conduit under the house,patio,and swimming pool.If I go around these
obstacles,it would almost double the electrical run,making it prohibitively expensive.It would be highly
visible from Kennedy Rd,unless I built a 4'high berm at the edge of my leach field and planted a row of 4 ft.to
5 ft.tall bushes on top of the berm.(When I visualize a straight 4 foot tall berm running parallel to Kennedy
with a 4ft.to 5ft.hedge on top what I see is totally inconsistent with the topology and the natural environment.)
The second and third rows of clusters would have to be 30ft.to 35ft.away from the first row and this would
locate them on the slope south of the vegeta.ble garden.This 12 ft.tall structure would be located within 50ft.of
my east neighbor's front door.This proximity to my neighbor's house would also result in shading of the array
by the house for most of the morning.And lastly,from my house this huge metal structure would right in my
living area.'.
The third location,15 ft.up the hill from the originally proposed location is fine with my contractor (it's a
shorter run).Although it is closer to the house it is still on a.slope,but a slope that is not as steep as the
originally proposed site.It is highly visible from Kennedy Rd.and from my house,especially from the second
floor balcony.This high visibility is the result ofthe first row of clusters being up to 12ft.above ground
exposing the support structure under the panels.From the Open Space visibility is unchanged.The visibility
issue is worse from Kennedy Rd.than from my house,and I can't imagine that it would be more acceptable to
the Town than the original site.
Economics
The California Energy Commission gives rebates for installing solar power.LastJune when I contracted with
them,to install this system,the rebate was $4.00 per watt.(On July first the rate dropped to $3.50 and it may also
have dropped to $3.00 on January first).The CEC limits systems size based on yearly power utilization.For me
this was based on my PG&E bills for the last three years.I was approved for 17,192 watts,or a rebate of
$68,768.This along with the solar electrlc income tax credit will pay for about halfof the $150,000 cost of the
system.This contract has a 9 month duration,so I must either have the system installed,up and running and
finaled by the Town of Los Gatos by 3/28/04,or I must have apply for an extension by 2/27/04,or I will lose
my rebate.But before I can apply for an extension certain conditions must be met (see attached CEC Request
for Substantive Changes).Any further delay in getting a building permit is going to make it impossible to meet
the criteria for the extension.
By adding the cost of the system to my mortgage,my house payment will go up by approximately what I pay on
average to PG&E.It will take about 25 years to recover my cost for the solatsystem.The panels have a 25 yr
warranty.Financially this is not a very good investment,so anything that drives the cost up essentially makes
the project unfeasible.
••
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
RESOURCE MANAGEMENT
FIVE-YEAR STRATEGIC PLAN
February 25,2003
Final.
~.--
Table 1.Resource Management Goals
Five-Year Strategic Plan
PLANNING GOALS
I.Adopt a Resource Management Planning Process
2.Develop a Resource Inventory Mapping System Using Geographic Information
System (GIS)and Global Positioning System (GPS)Technology
3.Prepare Resource Management Plans for Key Open Space Preserves and High
Priority Sites to Address Specific Resource Management Issues or Critical
Issues
r-PROTECTION AND RESTORATION GOALS
4.Protect and Enhance Natural Biodiversity and Habitat for Special Status Species
of the District's Preserves
5.Restore Seriously Disturbed or Degraded Sites to Natural Conditions,Including
Removal oflnvasive Non-Native Species
-
SPECIFIC PRACTICES
6.Protect Resources through Continued Compliance with Environmental
Regulations,Standards and Practices
7.Use Best Management Practices to Protect Natural Resources
DRAFT Resource Management Strategic Plan Page.J
Goal 4
Protect and Enhance Natural Biodiversity and Habitat for Special Status Plant
and Animal Species of the District's Preserves
(Resource Management Policies 4.3,5.2,5.3,5.4)
Objectives
•Inventory,protect and enhance native populations of plants and animals to preserve the natural
biodiversity of the District's preserves.
•Inventory and map special status plant and animal species and their habitats at each preserve and
prepare habitat protection and enhancement plans for special status species on District lands.
As public access improvements are planned during the process described under Goal 1,the biodiversity
of the District's preserves will be assessed and protected.The mapping processes in Goal 2 will also
assist in biodiversity protection by mapping valuable wildlife habitats,such as wildlife movement
corridors,watering sources,and sensitive nesting areas;unique plant communities,such as wetlands,
serpentine grasslands and riparian corridors;and other special landscape features,such as cliffs and talus
slopes.
For purposes of this plan,native plants and animals are defmed as those species that were present in the
Santa Cruz Mountains region of California prior to the large scale development of the American
continent bv European humans after 1769.Generally,these native species are more integrated with
local natural conditions,support complex ecological systems and are more sustainable.Land
development and introduction of new species will continue in areas surrounding open space preserves,
therefore complete preservation of prior conditions is not always possible.An emphasis will be placed
on controlling those species that are invasive -those that take over large areas and reduce biodiversity.
At some locations,non-native species may be maintained on preserves where they provide an historic or
aesthetic value or otherwise meet the mission of the District.An example would be the historic
vineyards at Picchetti Ranch.
Enhancement is defined as an activity to increase the number of native species or the amount of their
habitat above existing levels.Enhancement activities are generally taken when disturbed conditions are
returned to natural conditions or when an opportunity is provided for increasing population numbers or
habitat area for rare species.A decision to increase a population must take into account the carrying
capacity of the land and the potential for effects on other species.The cyclical patterns of populations
must also be considered.A decision to introduce or reintroduce populations of rare species into a
currently unpopulated area will require review by the Board.
DRAFT Resource Management Strategic Plan Page II
Implementation
I.Monitor the status of wildlife populations of significant value.
2.Protect sensitive biological areas.
3.Identify special status species and their habitats.
4.Conduct protection or restoration work to promote healthy special status species populations.
5.Monitor status of special status species and collect relevant infonnatbn.
6.Provide training to staff on identifying andavoiding impacts to special status species.
Staff Roles and Tools
•Lead Staff-Resource Management Specialist will coordinate species surveys,habitat restoration,
and develop monitoring programs.
•Supporting Staff -Planning Department will prepare preserve-wide inventories and plans,and
incorporate wildlife and vegetation studies into resource management plans.Operations Department
field staffwill assist in the collection of baseline data,implement restoration work,coordinate
contractors,and conduct monitoring.
•Consultants -May survey for special status species and make recommendations regarding habitat
protection and enhancement.
•Training -Will be provided to Planning and Operations Depaitlllent staff on identifying and
avoiding impacts to special status species.
Work Products and Deliverables
•Monitoring programs for wildlife of significant value.
•Infonnation tables,survey reports,and maps of special status species and their habitats on District
preserves.
DRAFT Resource Management Strategic Plan Page 12
Goal 5
Restore Disturbed or Degraded Sites to Natural Conditions,Including Removal
of Invasive Non-Native Species
(Resource Management Policies 3.1,4.2,6,8.1,9.1)
Objectives
•Identify disturbed or degraded conditions that adversely affect watersheds and natural resource
biodiversity on existing preserves and new acquisitions.
•Remove or control invasive nOIr native species on District lands
•Restore sites to minimize the effects of erosion and to prevent the invasion of nOIrnative species.
•Prevent or limit new outbreaks of invasive species.
Restoration is defined as restoring a site to natural conditions.This can either be to natural conditi:>ns
that existed prior to human disturbance,or could be conditions supporting diverse native plant and
animal species adapted to the existing features of the site.
Disturbed or degraded sites are those that have been altered so as to no longer support diverse native
plant and animal species in a sustainable manner.
Implementation
1.Inventory disturbed or degraded conditions of natural resources during acquisition and preliminary
Use And Management planning.These conditions can include,but are not limited to,former
structure sites,abandoned roads,off-road vehicle areas,illegal trails,dumpsites,quarries,gun
ranges,graded areas,and landings.
2.Determine priorities for restoration of currently identified disturbed or degraded areas on new
acquisitiorE,and newly discovered disturbed or degraded areas on existing preserves.
3.Monitor progress and analyze methods used in restoring sites through the use of pr~project and
post-project photographs and surveys.Adapt restoration techniques as necessary ani apply
successful techniques to other sites.
4.Use education and enforcement to manage visitor impacts to natural resources.
5.Utilize restoration techniques to mitigate encroachments that have disturbed or degraded District
land.
6.Inventory invasive nOIrnative species and continually monitor for new outbreaks.
DRAFT Resource Jfanagement Strategic Plan Page 13
II
7.Continue to control or eradicate non-native plants based on the Invasive Exotic Plant inventory
(Kan,1997)and Monitoring of High Priority Weed Sites (Kan,2001).
8.Determine feasibility of controlling populations of non-native,invasive species.
9.Continue the feral pig control program and coordinate a regional control effort with other public
agencies and District neighbors.
10.Follow guidelines for long-term weed control on all sites where invasive plants have been removed.
II.Continue use of prescribed fire as a management tool to reduce non-native plant populations.
12.Coordinate invasive control programs with neighboring property owners.
13.Work with the Weed Management Areas of San Mateo and Santa Clara Counties,the Santa Cruz
Mountains Bioregional Council,and other related agencies and organizations on regional invasive
species control efforts.
Staff Roles and Tools
•Lead Staff-Resource Management Specialist will coordinate restoration effo rts and invasive
control,and serve as liaison with local agencies,organizations and neighbors.
•Supporting Staff -Field staff will implement restoration and control efforts,assist in identification
of disturbed or degraded sites,and monitor changed conditions primarily through the field staffs
Resource Management Days and by directing special work crews,such as volunteers and
contractors.The Planning Department will assist in identification of disturbed or degraded
conditions and sites,and prioritization,including regional efforts and GPS mapping.The
Acquisition Department will coordinate mitigation of encroachment-related degradation of natural
resources.
•Contract Labor,Consultants and Volunteers -Contract labor and consultants may design am restore
sites.Volunteers and other labor,such as the California Conservation Corps and California Youth
Authority,will be used to control invasive plants and perform other restoration activities.
Work Products and Deliverables
•Criteria for prioritizing restoration of disturbed and degraded areas.
•Lists of areas currently under restoration and successful restoration methods.
•Updated inventory of invasive species and feasible control methods.
DRAFT Resource Management Strategic Plan Page 14
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CA E~RGY COMM I 58 I ON 916 653 2543 p.el~l
Emerging Renewable Resources Account
Requests for Substantive Changes
~l:J,chanQt oIk:1oUon and otNt~)
The following was copied out of the Emerging Renewable Resources Program guidebook and
identifies the criteria you must document to bQ considered for an extension or other
subStantive change.The gUidebook is available at
WVIIW.consumerenergycentel.oT9'erpreba1e1forms.h1ml 01 by calling (BOO)555-7794.
Substantive changes,such a$change of purchaser,location or expiration date of reservation,
require prior approval by the Commission's Renewable$COmmittee and can be considered if
requested in writing.The raqU&st must be flied prior to the expiration date of the reservation to
be considered.Each request must describe the need for the change and must document the
following:
1.Circumstances beyond the control of the reservation hOtder that prevent the Sy8Wm from
being instaUed as described under the reservation.
2.Neither the holder,retailet or InstaUer knew or had reason to know of the above
circumstances (criteria 1)at the time the current reservation was issued.
3.The holder,retailer or ins1aller has incurred documentable costs or expenses.either through
the purch~of system equipment or by other construetfon costs expressly for the purpose
of instafting the reserved sYGtem,equaling no leS8 than 25 percent of the reserved system's
totaJ cost,and said costs or expenses are unrecoverable unless the requested change
is approved.
4.There are no other known obstacles in the way of completing the project.
5.The requested change would otherwise comport with all of the eligibility requirements of
the Buydown Program.
A request to change the expiration date of 1he reservation must be limited to 3 months of
additional tims.for reservations conceming single smaU systems and 6 months of additional
time for all other system sizes and group reservations fOf multiple systems.
Any requests made within 30 days of the reservation expiration date shall inetude an
explanation of why a more timely request was not possible under thea circumstances.The
Buydown Program Manager wiU notify requesting parties of a decision on their request wi1t1in
30 days of the receipt at a complete request.Approval of a request for a change in pu rchaser
location or expiration date wlU not change or modify any other reservation condition.
Please send your request for an extension with supporting documentation to Da\e Trenschel
by fax to (916)653-2543 or by man to:
California Energy Commission
Emerging Renawables Program
1516 9th Street.MS-45
Sacramento,CA 95814
REQUIRED CONSIDERATIONS FOR:
15220 Kennedy Road
Architecture and Site Application S-01-98
Negative Declaration ND-04-3
Requesting approval ofa grading permit for landscaping improvements and approval to install so lar
.panels on property zoned HR-2 Y2.No significant environmental impacts have been identified as a
result of this project and a Mitigated Negative Declaration is recommended.APN 537-15-004.
PROPERTY OWNERJ APPLICAt~T:Jim Deichstetter
CONSIDERATIONS IN REVIEW OF APPLICATIONS
•As required by Section 29.20.150 of the Town Code for Architecture and Site applications:
The deciding body shall consider all relevant matter including,but not limited to,the following:
(1)Considerations relating to traffic safety and traffic congestion.The effect of the site
development plan on traffic conditions on abutting streets;the layout of the site \'vith respect
to locations and dimensions of vehicular and pedestrian entrances,exits,drives,and
walkways;the adequacy of off-street parking facilities to prevent traffic congestion;the
location,arrangement,and dimension of truck loading and unloading facilities;the
circulation pattern within the boundaries ofthe development,and the surfacing,lighting and
handicapped accessibility of off-street parking facilities.
A.
B.
Any project or development that will add traffic to roadways and critical
intersections shall be analyzed,and a determination made on the following
matters:
1.The ability of critical roadways and major intersections to
accommodate existing traffic;
2.Increased traffic·estimated for approved developments not yet
occupied;and
3.Regional traffic growth and traffic anticipated for the proposed
project one (1)year after occupancy.
The deciding body shall review the application for traffic
roadwaylintersection capacity and make one (1)of the following
detenninations:
1.The project will not impact any roadways andlorintersections causing
the roadways andl or intersections to exceed their availab Ie capaci ti es.
2.The project will impact a roadway(s)andlor intersection(s)causing
the roadway(s)andlor intersection(s)to exceed their available
Page 1 of 3
Attachment 3
capacities.
Any project receiving Town determination subsection (l)b.l.may proceed.
Any project receiving Town determination subsection (1 )b.2.must be
modified or denied if the deciding body determines that the impact is
unacceptable.In determining the acceptability of a traffic impact,the
deciding body shall consider if the project's benefits to the com.nlunity
override the traffic impacts as determined by specific sections from the
general plan and any applicable specific plan.
(2)Considerations relating to outdoor advertising.The number,location,color,size,height,
lighting and landscaping ofoutdoor advertising signs and structures in relation to the creation
of traffic hazards and the appearance and harmony with adjacent development.Specialized
lighting and sign systems may be used to distinguish special areas or neighborhoods such as
the downtown area and Los Gatos Boulevard.
(3)Considerations relating to landscaping.The location,height,and materials ofwalls,fences,
hedges and screen plantings to insure harmony with adjacent development or to conceal
storage areas,utility installations,parking lots or unsightly development;the planting of
ground cover or other suifacing to prevent dust and erosion;and the unnecessary destruction
of existing healthy trees.Emphasize the use of planter boxes with seasonal flowers to add
color and atmosphere to the central business district.Trees and plants shall be approved by
the Director ofParks ,Forestry and Maintenance Services for the purpose ofmeeting special
criteria,including climatic conditions,maintenance,year-round versus seasonal color change
(blossom,summer foliage,autumn color),special branching effects and other considerations .
.(4)Considerations relating to site layout.The orientation and location of buildings and open
spaces in relation to the physical characteristics of the site and the character of the
neighborhood;andthe appearance and harmony ofthe buildings with adj acent development.
Buildings should strengthen the form and image of the neighborhood (e.g.downtown,Los
Gatos Boulevard,etc.).Buildings should maximize preservation of solar access.In the
downtown,mid-block pedestrian arcades linking Santa Cruz Avenue with existing and new
parking facilities shall be encouraged,and shall include such crime prevention elements as
good sight lines and lighting systems.
(5)Considerations relating to drainage.The effect ofthe site development plan on the adequacy
of storm and surface water drainage.
(6)Considerations relating to the exterior architectural design ofbuildings and structures.The
effect of the height,width,shape and exterior construction and design of buildings and
structures as such factors relate to the existing and future character of the neighborhood
and purposes ofthe zone in which they are situated,and the purposes of architecture and site
Page 2 of 3
approvaL Consistency and compatibility shall be encouraged in scale,massing,materials,
color,texture,reflectivity,openings and other details.
(7)Considerations relating to lighting and street furniture.Streets,walkways,and building
lighting should be designed so as to strengthen and reinforce the image of the Tovm.Street
furniture and equipment,such as lamp standards,traffic signals,fire hydrants,street signs,
telephones,mail boxes,refuse receptacles,bus shelters,drinking fountains,planters,kiosks,
flag poles and other elements ofthe street environment should be designated and selected so
as to strengthen and reinforce the Town image.
(8)Considerations relating to access for physically disabled persons.The adequacy of the site
development plan for providing accessibility and adaptabilityJor physically disab led persons.
Any improvements to a nonresidential building where the total valuation of alterations,
structural repairs or additions exceeds a threshold value established by resolution of the
Town Council,shall require the building to be modified to meet the accessibility
requirements oftitle 24 of the California Administrative Code adaptability and accessibility.
In addition to retail,personal services and health care services are not allowable uses on
nonaccessible floors in new nonresidential buildings.Any change ofuse to retail,health care,
or personal service on a nonaccessible floor in a nonresidential building shall require that,
floor to be accessible to physically disabled persons pursuant to the accessibility,
requirements of title 24 of the California Administrative Code and shall not qualify the .
building for unreasonable hardship exemption from meeting any ofthose requirements.This .
provision does not effect lawful uses in existence prior to the enactment ofthis chapter.All··
new residential developments shall comply with the Town's adaptability and accessibility ..:,
requirements for physically disabled persons established by resolution.
'(9)Considerations relating to the location of a hazardous waste management facility.A
hazardous waste facility shall not be located closer than five hundred (500)feet to any
residentially zoned or used property or any property then being used as a public or private
school primarily educating persons under the age of eighteen (18).An application for such
a facility will require an environmental impact report,which may be focused through the
initial study process.
Page 3 of 3
CONDITIONS OF APPROVAL FOR:
15220 Kennedy Road
Architecture and Site Application S-01-98
Negative Declaration ND-04-3
Requesting approval of a grading pennit for landscaping improvements and approval to install
solar panels on property zoned HR-2 Y2.No significant environmental impacts have been
i.dentified as a result of this project and a Mitigated Negative Declaration is recommended.
APN 537-15-004.
PROPERTY OWNER!APPLICANT:Jim Deichstetter
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Division)
1.EXPIRATION OF APPROVAL:This Architecture and Site application will expire two years
from the date of approval unless the approval is used before expiration.Section 29.20.335
defmes what constitutes the use of an approval granted under the Zoning Ordinance.
2.MITIGATION MONITORING PLAN:The applicant shall implement the proposed project
according to the approved mitigation monitoring plan for this project.
3.PLANS:Development plans received on September 3,2003.
4.Solar panels shall be moved closer the home to the flatter developed area around the
house to the satisfaction of the Director of Community Development.The use of photo
simulation should be used to determine the visibility of the solar panels.Visibility of the
solar panels shall be minimized.
5.The leach field area shall not be irrigated.
.6.All perimeter fencing shall allow for wildlife migration.
7.Solar panels shall be limited to the size that the California Energy Commission (CEC)
allows or the amount of solar panels necessary to provide electricity for the house,
whichever is less.
(Building Division)
8.PERMITS REQUIRED:A building pennit application shall be required for the proposed
structure.Separate Electrical/MechanicallPlumbing permits shall be required as necessary.
9.CONDITIONS OF APPROVAL:All Conditions of approval shall be stated in full on the
cover sheet of the construction plans submitted for the building pennit.
10.SIZE OF PLAL~S:The maximum size of construction plans submitted for building permits
shall be 24"x 36".
11.PLAN PREPARATION:The construction plans for this project shall be prepared under
direct supervision of a licensed architect or engineer.(Business and professionals Code Section
5538).
12.SOILS REPORT:Two copies ofa soils report,prepared to the satisfaction of the Building
Official,containing foundation and retaining wall design recommendations shall be submitted
with the building pennit application.This report shall be prepared by a licensed civil engineer
specializing in soils mechanics.
Attachment 4
13.FOUNDATION INSPECTIONS:A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils report
and the building pad elevation and on-site retaining wall locations and elevations are prepared
according to approved plans.Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer for the following items on structural calculation on
photo array attachment.
14.SPECIAL INSPECTIONS:When a special inspection is required by UBC Section 1701,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 Permits,in accordance with UBC
Section 106.3.5.Please obtain a town Special Inspection form from the Building Department
Service Counter.The Town Special Inspection schedule shall be blue-lined on the construction
plans.
15.NONPOINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara
Valley Non-point Source Pollution Control Program specification shall be part of the plan
submittal.The specification sheet is available at the Building Division Service Counter.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
16.GRADING PERMIT.A grading permit is required for site grading and drainage.The
grading permit application (with grading plans)shall be made to the Engineering Division of the
Parks &Public Works Department located at 41 Miles Avenue.The grading plans shall include
final grading,drainage,retaining wall location,driveway,utilities and interim erosion control.
Grading plans shall list earthwork quantities and a table of existing and proposed irnpervious
areas.Unless specifically allowed by the Director of Parks and Public Works,the grading pennit
will be issued concurrently with the building permit..The gradirig permit is for work outside the
building footprint(s).A separate building permit,issued by the Building Depa.rtment on E.Main
Street is needed for grading within the building footprint.
17.SOILS REPORT.One copy of the soils report shall be submitted with the grading pennit *
public improvement application.The soils report shall include specific criteria and standards
governing site grading,drainage,pavement design,retaining wall design and erosion control.
The reports shall be signed and "wet stamped"by the engineer or geologist,in conformance with
Section 6735 of the California Business and Professions Code.
18.GENERAL.All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications.All work shall confonn 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 stonn
drainage facilities.The storing of goods and materials on the sidewalk andlor the street will not
be allowed unless a special 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 requited maintenance at the developer's
expense.
19.ENCROACHMENT PERMIT.All work in the public right-of-waywill require a
Construction Encroachment Pennit.All work over $5,000 will require construction security.
20.PUBLIC WORKS INSPECTIONS.The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24)hours before starting an work pertaining to on-site
~-'1"._
drainage facilities,grading or paving,and all work in the Town's right-of-way.Failure to do so
will result in rejection ow work that went on without inspection.
21.EROSION CONTROL.Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks &Public Works Department.A maximum of
two weeks is allowed between clearing of an area and stabilizinglbuilding on an area if grading is
allowed during the rainy season.Interim erosion control measures,to be carried out during
construction and before installation of the final landscaping shall be included.Interim erosion
control method shall include,but are not limited to:silt fences,fiber rolls (with locations and
details),erosion control blankets,Town standard seeding specification,filter berms,check dams,
retention basins,etc.Provide erosion control measures as needed to protect downstream water
quality during winter months.The grading,drainage,erosion control plans shall be in compliance
with applicable measures contained in the amended provisions C.3 and C.14 of Order 01-024 of
the amended Santa Clara County NPDES Permit.
22.NONPOlNT SOURCE POLLUTION PREVENTION.On-site drainage systems shall
include a filtration device such as a bio-swale.
23.SILT AND MUD IN PUBLIC RIGHT-OF-WAY.It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a
daily basis.Mud,silt,concrete and other construction debris SHALL NOT be washed into the
Town's storm drains.
24.RESTORATION OF PUBLIC IMPROVEMENTS ..The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations.Improvements such as,but not limited to:curbs,gutters,sidewalks,
driveways,signs,pavements,raised pavement markers,thermoplastic pavement markings,etc.
shall be repaired and replaced to a condition equal to or better than the original coridition.
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 pro,-,:isions.
Developer shall request a walk-through with the Engineering Construction Inspector before the
start ,of construction to verify existing conditions.
25.CONSTRUCTION NOISE.Between the hours of8:00 a.m.to 8:00 p.m.,weekdays and
9:00 a.m.to 7:00 p.m.weekends and holidays,construction,alteration or repair activities shall be
allowed.No individual piece of equipment shall produce a noise level exceeding eighty-five (85)
dBA at twenty-five (25)feet.If the device is located within a structure on the property,the
measurement shall be made at distances as close to twenty-five (25)feet from the device as
possible.The noise level at any point outside of the property plane shall not exceed eighty-five
(85)dBA.
26.PRNATE SEWAGE DISPOSAL SYSTEMS.A plan approval letter from the
Environmental Health Department shall be provided prior to issuance of a grading permit.
-,,.c~·'··l·"··..·..·
.----=.
"."~.-
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N:\DEV\CONDITNS\15220 Kennedy Rd.wpd
PUBUC HEARING·DECEMBER 10,2003
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 93
changing my mind and will support it if -if Sta1f
has that leeway.
CHAIRMAN DUBOIS:Okay.
COMMISSIONER MICCICHE:Thank you.
CHAIRMAN DUBOIS:Are there any other
questions or comments,then?We have a motion on
the floor.Commissioner Quintana
COMMISSIONER QUINTANA:I -
CHAIRMAN DUBOIS:Almost got through this.
COMMISSIONER QUINTANA:I just want to add
that the fact that this is a transition neighborhood
is what makes it so important,and -and the fact
that It's in the County,and this is the first house
that's coming into Los Gatos makes it even more
important that it fit Los Gatos's gUidelines.
CHAIRMAN DUBOIS:And I think aiso it's
important,I think it was raised tonight that this
is like the fourth largest parcel size that we're
looking at here,too,so it's not necessarily -it
is a little bit larger than most of the sizes there,
so,yeah.
COMMISSIONER QUINTANA:Yeah,but in
respect to that,comer lots often are to
accommodate forthe fact that they need greater
setbacks and that they're more prominent,aiso.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 95
unanimously.Appeal-
MR.LORTZ:This approval is appealable to
the Town Councll.There are appeal forms in the
Clerk's OffIce.There's a fee for filing an appeal.
And the appeal must be filed within ten days.
CHAIRMAN DUBOIS:Okay.Moving on down
the agenda,.I1em Number 4 152Z.Q Kennedy Road,
Architecture and Site Application S-01-98,and
N!39atlve Declaration ND-04-3,reguesting approval
for a grading permit for landscaping improvements
and approval to install solar panels on prope[ty
zoned HR-2.ls the applicant here?
JIM DEICHSTETTER:I sure am.
CHAIRMAN DUBOIS;Would you identify
yourself,sir.
JIM DEICHSTETTER:HLI'm Jim
Deichstetter.And I'm the owner at 15220
Kennedy Road.And let's see.I'm very interested
in natural,that's part of why I'm living up in the
hills;and so what I'm looking to do here is to look
at my piece of property,and I want to landscape it,
the whole thing,okay.
The original landscape that was on the
property as I bought it were European grasses that
don't belong there,and noxious weeds like star
Page 94
(1)CHAIRMAN DUBOIS:Okay.Good comment
(2)Okay,there's a motion on the floor.All those in
(3)favor of the motion,signify by saying aye.
(4)MR.LORTZ:I just wanted to _..
(5)CHAlRMAN DUBOIS:Hang on.Hang on,hang
(6)on,hang on,hang on.
(7)MR.LORTZ:I just wanted to restate the
(8)motion just for clarification.
(9)CHAIRMAN DUBOIS:Okay.Please do.
(10)MR.LORTZ:It's that there's a motion and
(11)a second and to approve the project,but with
(12)direction to Staff that the floor area be reduced
(13)overall,including specifically the second floor.
(14)And the goal here is to achieve neighborhood
(1S)compatibility.Correct.
(16)COMMISSIONER TALESFORE:And I think it
(17)could be and/or second floor.
(18)MR.LORTZ:Yes.
(19)COMMISSiONER TALESFORE:(inaUdible.)
(20)MR.LORTZ:Okay.
(2.1)CHAIRMAN DUBOIS:So everyone clear now?
(22)Okay.Ali those in favor of the motion,signify by
(2.3)saying aye.
(2.4)(Ayes.)
(2.S}CHAIRMAN DUBOIS:Opposed?Motion carries
Page 96
(1)thistle,okay.I've got the house on the property.
(2)This is the kind of landscaping that I'm putting in,
(3)okay.That's part of what I've already done.And
(4)the first piece of the request here is that I be
(5)allowed to grade the east side yard.That is -
(6)there's a road going off to the right,so it's off
(7)to the right of this,okay.
(8)And what I intend to do is that's my leach
(9)field,I cannot plant any shrubs or bushes or
(10)anything like that that have deep roots.I have to
(11)plant grass,some sort of grass over the top of the
(12)leach field.Otherwise I'll just ruin my leach
(13)field.
(14)Then around the perimeter of the leach
(1S}field,I intend to put berms.The-intention of the
(16)berms is to get more dirt between the leach field
(17)and the shrubs that I'd like to plant along the
(18)edge,okay.So that's the first half of it.
(19)The second haif of tt is my solar.,.:\nd
(20)what I'd like to do is I would like to reduce my
(21)family's impact on the planet.I've got sufficient
(22)space on my property that I can totally eliminate
(23)what I pay in electric bill.What I'll wind up
(24)doing is paying for the solar system,but at least
I (25)I'm not putting 20 tons of carbon dioxide into the
Attachment 5
Pace 93 to Pace 96 (408)920-0222 ADVANTAGE REPORTING SERVICES,LLC
PUBUC HEARING -DECEMBER 10,2003
Page 97
(1)air every year.
(2)I've got a signed contract with the CEC,
(3)and the CEC has determined that thiS is the size of
(4)an array that I need to produce the electricity I
(5)need to support my house,okay.
(6)I have looked at the Hillside Plan,and
(7)I've looked at the General Plan.In my
(8)justification,I quoted from the hillside plan,so
(9)what I would like to do is cover a couple things
(10)here about on the Generai Plan.
(11)The solar panel-I should probably put
(12)those up here.This is sort of a guess work as to
(13)what they would look like.They're only four feet
(14)tall,okay.We're keeping them low to the ground.
(15)The glass on these panels are textured so that they
(16)don't have glare,okay.
(17)In the General Plan,there's ...I think
(18)it's Section 7,they talk about conserVation.And
(19)the goal of that Section 7,SUbsection 7,It's on
(20)energy,they say to foster the development that
(21)reduces the use of non-reneWable energy,and more
(22)importantly,to use renewable sources and
(23)alternative fuels.This is a renewable source,
(24)okay.
(25)Policies say encourage construction of
Page 98
(1)technology,and then there's another one that says
(2)encourage the use of renewable energy sources and
(3)alternative fuels.And the last one,a!though I
(4)don't think I need to use it,under implementation
(5)strategies,it says identify any currerit Tbwn
(6)regulations that may limit feasible energy
(7)conservation or solar energy applications and
(8)consider their modifications.I donlthink I need
(9)that,because if you -you've read the packets.
(10)There are negative declarations.There's -
(11)nobody's complaining.
(12)I've gone around to all my neig~bors,and
(13)I have not found a single neighbor who's complained.
(14)They're per -they see what the intent is.And
(15)they're -they said okay.
(16)If you look at the roads,as you come up
(17)Kennedy Road,for a split second on ybur right-hand
(18)side,you can see it.If you come up Kennedy Road
(19)the other direction,as you're going through a
(20)hairpin turn,it's up on the hill above you.
(21)There's very little impact.
(22)You had some pictures from the open space,
(23)and the open space -I don't see anybody here,but
(24)we'll see.I talked to them,and they said they
(25)have no ~bjections.
Page 99
(1)So I leave you with nine seconds.Thank
(2)you.
(3)CHAIRMAN DUBOIS:Don't go away.There's
(4)a question for you.Commissioner Talesfore.
(5)COMMISSIONER TALESFORE:It seems to me
(6)that the.issue here really is abOut the location,
(7)relationship of the location between the panels
(8)where you're proposing them and your house..
(9)JIM DEICHSTmER:Okay.
(10)COMMISSIONER TALESFORE:So my question to
(11)you is WOUldn't it be more efficient,isn't it my -
(12)I think it's my understanding that it's more
(13)efficient when solar panels are placed closer to
(14)their point of impact or what they-
(15)JIM DEICHSTETTER:The shorter -
(16)GOMMISSIONER TALESFORE:--(inaudible).
(17)JIM DEICHSTETTER:The shorter the wires,
(18)the more efficie.nt-okay.
(19)COMMISSIONER TALESFORE:Is that true?
(20).And if it is,why-
(21)JIM DEICHSTETTER:That is true.
(22)COMMISSIONER TALESFORE:-wouldn't you
(23)consider that?I think that was an issue that the
(24)Staff had,according to the-
(25)JIM DEICHSTEITER:Okay.Well,I haven't
Page 100
(1)heard of any -
(2)COMMISSIONER TALES FORE:-report here.
(3)JIM DEICHSTETIER:-issues,but I
(4)have -there are two components.There is the
(5)array component that you're going to see out in the
(6)field,and then there are these modules that convert
(7)the DC to AC,and,you know,feed it into the !=lower
(8)line.The room that I have is located in the north
(9)side of the house.Also,my power panel is located
(10)on the north side of the house.
(11)This array is located on the far western
(12)edge of my property,what it -minus the setback.
(13)And the pipe goes directly up the side of the house
(14)and into where the power panel is.This is where
(15)the power has to go no matter what.This is the
(16)shortest distqnce.
(17)Moving it further up the hill,it's just a
(18)matter of -.of the contC?urs of the ground.We
(19)wanted to get it down close to t'le ground.I -tre
I
(20)ground is like this.!t's a 30 degree angle,and LO
(21)here it gets a little less.Now,when -as you put
(22)the -you're going to have to spread them out ;"lO~2I(23)if you're on a flatter level.And that's going to
I (24)cause a larger area.
(25)Also -let's see,what else is there?I
ADVANTAGE REPORTING SERVICES,LLC (408)920-0222 Page 97 to Page 1:
PUBUC HEARING.DECEMBER 10,2003BSA
Page 101
(1)hadn't thought of moving them arty -it seemed like
(2)the reasonable place to put them is where I've got
(3)them.We want to keep them close to the ground and
(4)out of people's view.
(5)COMMISSIONER TALES FORE:So you -now,
(6)you play -it appeared to me from your drawing -I
(7)mean,your photographs -
(8)JIM DEICHSTETTER:uh-huh.
(9)COMMISSIONER TALESFORE:-it's in the
(10)middle of a -an open field.And you're saying you
(11)can't move it closer to your house.I mean,I think
(12)a vegetable garden was mentioned -
(13)JIM DEICHSTETTER:Umm.
(14)COMMISSIONER TALESFORE:-or
(15)(inaudible).I mean,I'm just curious,what-
(16)JIM DEICHSTETTER:The vegetable-
(17)COMMISSIONER TALESFORE:-you're
(18)thinking about not moving-
(19)JIM DEICHSTETTER:The vegetable garden is
(20)on the far eastern side.
(21)COMMISS10NER TALESFORE:Uh-huh.
(22)JIM DEICHSTETTER:Okay.I have a wing.
(23)coming out of my house on the western side,and it
(24)is no more than like,what is it?Uke 50 feet from
(25)the house to the solar panels.
Page 103 .
(1)what other all -so did you consider any other
(2)alternative of placement of these?
(3)JIM DE1CHSTETTER:Of where to put them?
(4)COMMISSIONER TALESFORE:Yeah.Did
(5)anyone - I mean,did -
(6)JIM DEICHSTETTER:No one has -no one
(7)has ever suggested -
(8)COMMISSIONER TALESFORE:Staff never
(9)suggested another -
(10)JIM DEICHSTETTER:No one has ever
(11)suggested-
(12)COMMISSIONER TALESFORE:-place to put
(13)these?
(14)JIM DEICHSTETTER:-any other place,
(15)COMMISSIONER TALES FORE:Thank you.
(16)JIM DE1CHSTETTER:Umm,and it was-
(17)COMMISSIONER MICCICHE:Follow-up
(18)question.
(19)CHAIRMAN Dl,)BOIS:Hang on a second.
(20)Com'missioner Burke has had his hand up for a long
(21)time.
(22)COMMISSIONER TALESFORE:Thank you.
(23)COMMISSIONER BURKE:Okay,thank you.
(24)Would you pronounce your last name again so when I
(25)address you,I don't want to -
Page 104
(1)JIM DEICHSTEITER:Deichstetter.
(2)COMMISSIONER BURKE:Deichstetter,okay.
(3)I'm going to ask some hard hitting questions,and
(4)please don't take any offense -
(5)JIM DEICHSTEITER:Okay.
(6)COMMISSIONER BURKE:-they're meant with
(7)respect.You started off by saying you like
(8)natural.
(9)JIM DEICHSTETTER:Uh-huh.
(10)COMMISSIONER BURKE:But yet you're going
(11)to landscape the entire !'No and a half acres of
(12)your property on what looks like a non-natural
(13)type setting for up there.I mean,it looks
(14)like-
(15)JIM DEICHSTETTER:That's not natural?
(16)Every single plant on that is on your -every
(17)single plant on that picture is in -on the list of
(18)native species.I have hunted down various native
(19)species lists and -
(20)COMMISSIONER BURKE:Then I stand
(21)corrected.Are you going to be needing to fence off
(22)the two and a half acres to keep \Nildlife from
(23)eating that?I'm just curious.
(24)JIM DEICHSTETTER:No.I plant plants
(25)that deer don't like.
CHAiRMAN DUBOIS:Let's address the
Commission.
JIM DEICHSTt=I I ER:Okay.
COMMISSIONER TALES FORE:What is the-
(21)house.
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Page 102
(1)COMMISSIONER TALESFORE:Okay.What's the
(2)distance now?
(3)JIM DEICHSTETTER:What do you mean what's
(4)the distance?.
(5)COMMISSIONER TALESFORE:Between where the
(6)solar panels are now and the house?Is that 50
(7)feet?
(8)JiM DEICHSTETTER:It's about 50 feet.
(9)COMMISSIONER TALESFORE:Oh,okay.
(10)JIM DEICHSTETTER:I think it's about 50
(11)feet.It's about -it's 120 feet from where the
(12)power goes into the house to the solar panels.And
(13)I have -Andy Perry is my eleCtrical contractor,
(14)and he might speak to the distances and power
(20)measure 120 feet from the entry point into the
(15)consum-
(16)COiviJ'vlISSIONER TALESFORE:Well,okay.It
(17)appears to me to be more than 50 feet,but then I'm
(18)just looking at that photograph,so -
(19)JIM DE1CHSTETIER:Urnm 1 it \vas -\N8 did
Page 101 to Page 104 (408)920-0222 ADVANTAGE REPORTING SERViCES,LLC
Page 10p
(1)COMMISSIONER BURKE:In that case,I s1and
(2)corrected,and this is one of the reasons I ask
(3)questions,because a lot of times I make assumptions
(4)that are wrong.
(5)JIM DEICHSTETTER:Uh-huh.
(6)COMMISSIONER BURKE:Okay.The solar
(7)panels.17 !<:'N.
(8)JIM DEICHSTETTER:Rlght
(9)COMMISSIONER BURKE:That's 70 percent
(10)larger than you could have with a -with a net
(11)metering agreement with PG&E;is that correct?
(12)JIM DEICHSTETTER:I have no idea.
(13)CHAIRMAN DUBOIS:He's calling up -
(14)JIM DEICHSTEITER:Andy-
(15)CHAIRMAN DUBOIS:~his consultant,
(16)Andy-
(17)JIM DEICHSTEITER:I'm calling up Andy
(18)Perry,who is the electrical contractor,who
(19)supposedly knows all the -
(20)CHAIRMAN DUBOIS:Mr.Perry,would you
(21)come up and identify yourself for the record,and If
(22)you can respond to this question.
(23)ANDREW PERRY:My name Is Andrew Perry.I
(24)live on 17811 Comanche Trall,Los Gatos.I'm a
(25)licensed electrical contractor and electrical
6SA
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PUBUC HEARING·DECEMBER 10,2003
Page 107
(1)COMMISSIONER BURKE:So he heats his pool
(2)with electricity?
(3)ANDREW PERRY:Correct
(4)JIM DEICHSTEITER:No.
(5)ANDREW PERRY:Oh,I'm sorry.
(6)JIM DEICHSTEITER:I don't heat my pool
(7)with elec - I don't heat my pool at all.
(8)COMMISSIONER BURKE:Okay.You don't-
(9)JIM DEICHSTEITER:I have a hot tub that's
(10)heated with electricity.
(11)ANDREW PERRY:·I stand corrected.Hot
(12)tub.
(13)COMMiSSiONER BURKE:Would it be more
(14)efficient from a square footagq standpoint to heat
(15)the -the water with a hot water style solar
(16)heater,which tends to be -you know,because
(17)electricity is not a very efficient way to ~eat
(18)water.I'm just-you know,one of the concems I
(19)have,and 1tl'!ink other people have is the size of
(20)itS array,and If there's a more efficient way to do
(21)It which has less s~impact.
(22)ANDREW PERRY:I think the -the tact
(23)that there's a rebate.Which saves the client
(24)almost 50 percent In installation costs,actua11y
(25)makes it cheaper"less expensive to heat it with
Page 106
(1)engineer.I've been hired by Minard Solar Electric,
(2)who is the designer of this system,who's been in
(3)business for 25 years.He was supposed to be here
(4)tonight,but his dau!:lhter and Wife had the flU,so
(5)he couldn't make tt.But I'm here to field any
(6)questions..
(7)Commissioner,your question again,please.
(8)COMMISSIONER BURKE:Well,it's my
(9)understanding,and I have done a fair amount of
(10)research in solar,is that the maximum array size
(11)you can have for a net metering agreement with PG&E
(12)is 10,000 kill-or ten kilowatts.And this would
(13)be 70 percent more than that.
(14)ANDREW PERRY:Actually,I believe it's
(15)30.I believe it's 30.
(16)COMMISSIONER BURKE:That-
(17)ANDREW PERRY:This was arrived at for the
(18)net metering based on his last -average of last
(19)year's PG&E bills,so the State has already
(20)contracted us to put in this size.Had we put in
(21)something bigger,they would have -they don't want
(22)to give money away that they don't have.So this
(23)is -this was the size based on the fact that he
(24)has pool eqUipment and a hot tub.That's why tt's
(25)higher than ten.
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Page 108
electricit'l than to heat it with gas or to do a
solar plumbing installation.Solar plumbing is
not for the -applicable for the rebate program
right now.
JIM DEICHSTETTER:The question on the
heating the spa witlj solar is a very good idea,but
the spa that I have happens to be one of these
self-contained units that the - I can't imagine -
it's up on a balcony.I don't know how 1would -
you know,I.'d have to take the thing apart and
rearrange all the plumbing and run it up to the
roof.
COMMISSIONER BURKE:Okay.Can I continue
with this (inaudible)?
CHAIRMAN DUBOIS:Go ahead.
COMMISSIONER BURKE:Okay.One of the-
actually,before this meeting,at 5:15,we had a
discussion on -discussion on green building.I
don't know if you -If you were here for that,but
it was -the -the green bUilding consultant,you
know,made the comment that photovoltaic :5 the las:
thing you do after everything else,because it is
the least efficient thing to do.You know,you do
your maximum installation,you do everything else,
and then you do photovoltaic at the last.
ADVANTAGE REPORTING SERVICES,LLC (408)920-0222 Page 105 to Page 102
Page 109
(1)So your house,does it exceed Trtle 24 by
(2)any -I mean,when you -
(3)JIM DEICHSTETTER:What's Title 247
(4)COMMISSIONER BURKE:Is that the correct
(5)term?Maybe I -excuse me,Do you know,have you
(6)taken all the other energy efficient issues you can
(7)on your house?
(B)JIM DEICHSTETTER:I have fluorescent
(9)bulbs allover the place,okay.What I do have a
(10)lot of is pumps.I'm on a very small water company
(11)up in the hills,Kenyon Water Company,and I have
(12)tanks and pumps and all sorts of stuff that go on
(13)and off all over the place.And I have gone around
(14)and looked at everything that I could possibly do to
(15)reduce the amount of power the house uses.
(16)And yes,I have a pool,and yes,I have a
(17)spa,and I've added these things because,frankly,I
(1 B)like the lifestyle that I live.
(19)COMMISSIONER BURKE:Okay.
(20)JIM DEICHSTEITER:And I don't know what
(21)else I can do to reduce the amount of power I
(22)consume.
(23)COMMISSIONER BURKE:Okay,that's fair.
(24)And if I may,and you do not have to answer this
(25)question,but can you -when you did the energy
BSA
I'"--PUBUC HEARING·DECEMBER 10,2003
Page 11'
(1)COMMISSIONER BURKE:Okay,thank you.
(2)CHAIRMAN DUBOIS:Okay.Commissioner
(3)Micclche.
(4)COMMISSIONER MICCICHE:I'm not sure the
(5)question was answered.Let me rephrase it It may
(6)have been answered,but have you looked at
(7)alternative sites,inciLlding the roof,to put these
(8)on,rather than that open area?
(9)JIM DEICHSTE"ITER:No.The shortest
(10)answer is no.And,well,number one,it's a tile
(11)roof.Number two,it wouldn't have fit -it
(12)wouldn't fit on the roof.And part of reason that I
(13)didn't choose the roof is that one of the things I
(14)want to do is I want to put solar hot water heaters
(15)on the roof.
(16)COMMISSIONER MICCICHE:Later on?
(17)JIM DEICHSTETTER:Later on.So base -
(18)this -the location for the solar panels is purely
(19)based on the shortest distance to my electric meter.
(20)CHAIRMAN DUBOIS:Okay.Commissioner-
(21)ANDREW PERRY:If I - I want to add to
(22)that,'cause it was brought before why couldn't it
(23)be a little further up on the hill.Part of when
(24)you install solar panels,they have to be at a
(25)certain incident angle to -to catch the sun,and
Page 110
(1)audit,can you tell me what,like,your monthly
(2)kilowatt usage was or dollars?And if you don't
(3)answer,that's fine.
(4)JIM DEICHSTETTER:It's been so long.
(5)COMMISSIONER BURKE:Okay.
(6)JIM DEICHSTETTER:[mean,it's -we're
(7)talking about the average of about,like somewhere
(8)between three and $400 a month for electricity,
(9)COMMISSIONER BURKE:Okay.
(10)JIM DEICHSTETTER:And basically the CEe,
(11)when they accepted this plan,they took my
(12).electrical bills and went through them and
(13)determined that this is what was needed.
(14)COMMISSIONER BURKE:And as a last
(15)question I'll ask is do you know,is PG&E going to
(16)require two meters or one meter for him,or do you
(1T)know?
(18)ANDREW PERRY:I believe they -they
(19)changed the meter style,but what -whatever they
(20)need to do so that they get their money's worth,
(21)they'll do.And that's part of their agreement.We
(22)just provide -they change the meter,we provide a
(23)lockout box so that they can disconnect the power,
(24)whatever things they need to do,But I'm not aware
(25)of exactly what they do on their end.
Page 112
(1)the way his property works is,as he says,it starts
(2)off gently rolling,and then it -and then it -it
(3)drops off to a sharp 30 degrees,which is the exact
(4)same angle that the solar panels are going to be at.
(5)So as soon as it starts the dropping off,
(6)that's where we put the array,because we -it
(7)needs to be a minimum of four feet over the ground,
(B)because at some point the weeds start to grow too
(9)high and will shield it,so it needs to be four
(10)feet.
(11)If we had actually put it further up the
(12)house,the -the lower end would be four feet,but
(13)to maintain that angle-
(14)JIM DEICHSTETTER:The upper end -
(15)ANDREW PERRY:-the upper end would
(16)probably run seven or eight feet,and t'len you may
(17)be able to see it from the road.
(18)CHAIRMAN DUBOIS:Commissioner Talesfore.
(19)COMMISSIONER TALESFORE:This is a
(20)follow-up question to my original question to the
(21)applicant,and I'll ask it of Staff,if I could do
(22)that.I'm understanding from the report that you -
(23)that Staff,although the applicant didn't think so,
(24)but the Staff had suggested atternate placement of
(25)these solar panels.If that's correct -•
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PUBUC HEARtNG.DECEMBER.10,2003
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Page 113
MR.LORTZ:Well,yeah,the Assistant
Community Development Director did me~with the
applicant and -and the whole point of this
exercise has been,you know,how is there a way that
we could do this through a bUilding permit process.
And we weren't able to get to a place that we could
do that,and that's why there's a paragraph in the
Staff Report that alludes to the fact that.you
know,there was conversations about alternative
locations,but as the applicant has indicated,those
were not acceptable.
COMMISSIONER TALESFORE:Thank you.
CHAIRMAN DUB.OIS:Commissioner Quintana.
COMMISSIONER QUINTANA:I need some
clartfication.I missed where is the metering box
located?
JIM DEICHSTEITER:It's located on the
western wall.
COMMISSIONER QUINTANA:(Inaudible.)
JIM DEICHSTElTER:On the north -it's on
the western wall at the north end.
COMMiSsioNER QUINTANA:(InaUdible)north
end.Okay.One question -okay;one question I
have is,as Commissioner Burke said,at the General
Plan meeting,we had a presentation today,and they
Page 114
talked about photovoltaics was the last thing that
you do.You do everything \;lIse first.You just
indicated that down the road you're going to put-
JIM DEICHSTETIER:Solar hot water.
COMMISSIONER QUINTANA:-solar hot
water.
JIM DEICHSTETTER:That's because I use
gas to heat my water.
COMMISSIONER QUINTANA:Okay.In
addition,they emphasize that one of the reasons for
doing photovoltaics last is that the material that
they're made out of are not environmentally
friendly.So you're gaining something here,and
you're losing something there to -you Know,to a
certain extent.There's a balance there.
I guess my question,and I don't know
that -who can answer it,but if the issue of
moving the panels to the -the area of the
vegetable garden,Where it seems like they would be
less visible from the road,is the metering box,can
that be moved?
JIM DEICHSTETIER:The metering?You're
talking about my electrical panel,the main
electrical panel for the entire house?
COMMISSION~R QUINTANA:Yeah,I'm talking
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Page 115
about you said It was the closest distance to
wherever it needed to be hooked up to.
JIM DEICHSTETTER:Right.It needs to be
hooked up to the main electrical panel.You know
where your meter is on the -
COMMISSiONER QUINTANA:Uh-huh.
JIM DEICHSTETTER:-(inaudible).And to
move it from the northwest comer of the house to
the southeast corner of the house,it's like
re-wiring the entire house.
ANDREW PERRY:He has a hundred -
underground service'emrance to his meter.
COMMISSIONER QUINTANA:Okay.Uh,I do
have another question.In terms of conservation of
energy,what other types of things do you db to
reduce your need fOr air-conditioning and heating?
Do you have -what kind of windows do yOll have?
JIM DEICHSTETTER:I have,you know,low E
double (inaudible)pane glass,you know,the top of
the line on all of that.And I shut off my
air-conditioning whenever I can possibly do it.My
air-conditioning is like 85 degrees,and If the
temperature outside is cool enough.I just tum It
off and open the windows.
COMMISSIONER QUINTANA:And do you have
Page 116
trellises or -
JIM DEICHSTETTER:I have been putting
in-
COMMISSIONER QUINTANA:-screens?
JIM DEICHSTETTER:Right along the house,
my wife has been putting in rose bushes,climbers.
And I've got trellises on the sides of the house,on
the south side of the house.
COMMISSIONER QUINTANA:And window
coverings?
JIM DEICHSTETIER:No.There's no -
there aren't any window coverings.
COMMISSIONER QUINTANA:Thank you.
CHAIRMAN DUBOIS:I have two questions.
If it's not practical to move -obviously it·s not
practical to move your house meter,your main 1'1\3.Ke
p~ne\,is it possible to conduit from an aiternate
location to that -that location,underground
conduit,so you can get your -you can get
connection between your solar panels and this ,,,,,e:2';
ANDREW PERRY:I'm not sure I understand
your question.Could you rephrase it,please.
CHAIRMAN DUBOIS:Okay.Previously you
just said you'd have to -you know,to move the
main electrical panei on the house,Whi,:lz'1 I would
ADVANTAGE REPORTING SERVI.CES,LLC (408)920-0222 Page 113 to Page 11'
PUBUC HEARING.DECEMBER 10,2003
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understand would be a major big deal,that's like
re.wiring the entire house,but is there anything
that's prohibiting you should the -should the
panels be located at another location,other than
where you're proposing them in the vegetable garden,
just for the sake of conversation?Is there
anything prohibiting you from running conduit from
that location,underground conduit,so that you can
connect those panels to that main connect -that
main electrical panel?
ANDREW PERRY:Yes.Actually,that's
PG -those are PG&E's wires,and to -to do that,
it's not -even as an electrical contractor,I
can't just dig a trench and extend their service
entrance cables.I have to apply for -or he'd
have to apply for engineering permits.It'd
probably take him six to nine months,probably cost
him close to $10,000 to do something like that.
CHAIRMAN DUBOIS:Okay.The second
question,you -this is regarding your grass that
you have to plant in the leach field .
JIM DEICHSTETTER:Right.
CHAIRMAN DUBOIS:What are we talking
about here?What kind of grass?Is this natural
grass that we always see in the hills you're
Page 119
(1)panels right under their noses for my eastern
(2)neighbor.And I currently have only one neighbor
(3)across the valley who can see it.If I move the
(4)panels to the east side,I'd have all three of them
(5)being able to see it because of their view between
(6)the trees.
(7)CHAIRMAN DUBOIS:Okay.Commissioner
(8)Burke.
(9)COMMISSIONER BURKE:I'm going to follow
(10)up on a couple of questions here,and just to let
(11)you know,I've -I've -in past votes,I've
(12)usually been the most supportive of -of solar
(13)panels,so please don't take these questions wrong.
(14)You said that you didn't want to put the
(15)solar panels onyour roof because you wanted to put
(16)solar hot water.
(17)JIM OEICHSTETTER:Correct.
(18)COMMISSIONER BURKE:Having just looked at
(19)that about a month or two ago,it seems to me that I
(20)think at my house I could do my solar hot water
(21)for -in about 48 square feet,but most people with
(22)about twice that much.So that seems like that
(23)·would be a lot of room still available to put
(24)photovoltaics on your roof.
(25)JIM DEICHSTETTER:What we're talking
Page 118
(1)replacing out there?
(2)JIM DEICHSTETTER:California red fescue
(3)is what I intend to put in.
(4).CHAIRMAN DUBOIS:Is that -that natural
(5)to the hillside -
(6)JIM DEICHSTETTER:And I -
(7)CHAIRMAN DUBOIS:-environment?
(8)JIM DEICHSTETTER:- I have researched
(9)all the kinds of grasses that I can get.Most of
(10)the native species of California grass are bunch
(11)grasses,that if you plant a bunch of it,you have
(12)gaps in between that you step in,you ~ould break
(13)your ankle.
(14)The California red fescue that I'm talking
(15)about has been hybridized so that it's more like
(16)regular grass.
(17)CHAIRMAN DUBOIS:Like a lawn?
(18)JIM DEiCHSTi::i i ER:Yeah.
(19)CHAIRMAN DUBOIS:Okay.
(20)JIM DEICHSTETTER:I had one other thought
(21)for moving the solar panels.I talked to the three
(22)neighbors or -that are across the valley from me,
(23)and the neighbor who's right next door to me on the
(24)east.The vegetable garden is located on the east
(25)side,and I -that would be putting the solar
Page 120
(1)about here for the array that I need is like 2,900
(2)square feet.
(3)COMMISSIONER BURKE:Okay.
(4)JIM OEICHSTEITER:No way do I have enough
(5)roof space for that.And I also have two hot water
(6)heaters in the house.And I'm going to -I've got
(7)a skylight in the middle,and on this side I was
(8)going to put one set to run this hot water heater,
(9)and on this side I was going to put another set to
(10)run that hot water heater.And I haven't done the
(11)research yet.
(12)COMMISSIONER BURKE:Okay.
(13)JIM DEICHSTEITER:This is just guessing
(14)at what I'm going to do.
(15)COMMISSIONER BURKE:Okay.
(16)JIM DEICHSTETTER:Yes.
(17)COMMISSIONER BURKE:And -
(18)JIM DEICHSTETTER:Oops.
(19)COMMISSIONER TALESFORE:Oh,I'm SO(:"!.
(20)JIM DEICHSTETTER:I thought you were
(21)done.
(22)COMMISSIONER BURKE:No.The last
(23)question is this is a grid type system I assume,
(24)obviously.Are you going to have battery backups?
(25)No,okay,thank you.
Page 117 to Page 120 (408)920-0222 ADVANTAGE REPORTING SERVICES,LLC
BSA PUBUC HEARING.DECEMBER 10,2003
Page 121
(1)JIM DEICHSTETTER:Yes.
(2)COMMISSIONER TALESFORE:So it would-If
(3)you moved it,you said three neighbors might see it?
(4)JIM DEICHSTETTER:Yes.Rather -
(5)COMMISSIONER TALESFORE:There's no way to
(6)plant something around that -
(7)JIM DEICHSTETTER:Actually-
(8)COMMISSIONER TALESFORE:-to shield
(9)that,because will they be looking down on it?
(10)JIM DEICHSTEITER:Yes,they would be.
(11)COMMISSIONER TALESFORE:So is there some
(12)way thatyou coUld possibly shield it by planting
(13)trees.
(14)JIM DEICHSTElTER:Well,if you're
(15)interested in planting,okay,what I'm interested -
(16)what I would be interested in doing is that for
(17)where they're currently located,you have a very
(18)short view as you're coming down Kennedy Road.If
(19)you're looking to shield that,I could put bushes up
(20)the hill above the panels that would not block the
(21)panels from the sun,that would get in the way of
(22)your view from the road.
(23)I can also put bushes down below.I mean,
(24)the -the other side of Kennedy Road is
(25)considerably below the panels.And you have to,you
Page 122
(1)know,look up the hill in order to see.I can put
(2)bushes down at the bottom and there.And alii have
(3)to do IS get the bushes to be four feet tall,and
(4)you can't see the panels any more.
(5)COMMISSIONER TALESFGRE:Okay.Another
(6)question.Is there any other equipment associated
(7)with the solar panels that you'd have to install?
(8)JIM DE1CHSTETIER:It's all-it's all
(9)inside the house.
(10)COMMISSIONER TALES FORE:It's inside-
(11)JIM DEICHSTETTER:Y~,there is.
(12)COMMISSIONER TALES FORE:-the house.So
(13)batteries?
(14)JIM DEICHSTETIER:Not batteries.They
(15)are-
(16)COMMISSiONER TALESFORE:(Inaudible)
(17)batteries?Okay.
(18)JIM OEICHSTETIER:They're deVices that
(19)convert to DC to AC.
(20)COMMISSIONER TALESFORE:Okay.And then I
(21)was wondering if you did have -if you did - I
(22)don't know,but I'm going to ask it.If -is there
(23)any rebate associated with re-conduiting?Is that
(24)such a word?Your electrical outlet to the,you
(25)know,over so it would be closer to the vegetable
Page 123
(1)garden?If you had to dIg another -dig a trench
(2)or whatever -
(3)JIM DEICHSTETTER:You mean move -moving
(4)my -my electrical meter to the other side of the
(5)house?
(6)COMMISSIONER TALESFORE:Right Well,
(7)you're not going to move the electrical-
(8)CHAIRMAN DUBOIS:No.
(9)COMMISSioNER TALE$FORE:-meter,you're
(10)going to condutt.re-conduit?Is that a word?
(11)Okay,(ina.Udible)a word.
(12)JIM DEICHSTETTER:Run -run the conduit
(13)from the array field all the way-
(14)COMMISSIONER TALESFORE:Right Is there
(15)any-
(16)JIM DE1CHSTETIER:-around the house to
(17)the-
(18)COMMISSiONER TALESFORE:Yeah.Is there
(19)any rebate-
(20)JIM DEICHSTETTER:-other side?
(21)COMMISSIONER TALESFORE:-associated
(22)with that'?I mean,you said it was $10.000.1 just
(23)was curioUs if there might be a rebate.
(24)ANDREW PERRY:Actually,if he-if he
(25)moved the array further away,we'd have to use much
Page 124
(1)larger conduit and much larger wires to compensate
(2)for the voltage drop over that distance.It
(3)would -it would cost him several thousand.Also,
(4)I Just had time to think about thetnoving the panel.
(5)The -it would actually be very,very expensive
(6)to -to do that because service entrance cables are
(7)not alloWed to have splices in them,so they would
(8)have to pull new cables from the street all the way
(9)underground.And so it would be hugely expensive to
(10)do that.
(11)CHAIRMAN DUBOIS:I want to go back to
(12)that question,Excuse rne just a moment.
(13)COMMISSIONER TALESFORE:Yeah.
(14)CHAIRMAN DUBOIS:I want to go back to
(15)that question,because I think you misunderstood
i (16)what I said earlier,and I'm getting old and mu:;c,ejI(17)with a Santa Claus hat on tonight,you know.i rn -
1 (18)I'm not suggesting you move the panel,anj I th''';.;:I (19)you misunderstood what I said.Because !,.,.,
I
(20)here figure out -trying to figure out how in the
(21)heck do you can -put conduit in between whe's
;(22)you're proposing to put the array and riJr:::LO :0I(23)the service panel.I'm talking about putting t:iS
(24)array at another location and running conj:.;it ':
(25)the same thing.PG&E doesn't have any -have:
(408)920-0222 Page 121 to Pag
8SA PUBUC HEARING·DECEMBER 10.,2003
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that
ANDREW PERRY:Forgive me.I thought your
first question was can you move Where the meter is
going to be.
CHAIRMAN DUBOIS:No,I don't - I want
to - I want to -what I'm saying is can you
connect where the meter is to any location via
conduit?
ANDREW PERRY;Oh,of course.
CHAIRMAN DUBOIS;_Okay.
ANDREW PERRY;Of course.
CHAIRMAN DUBOIS:That's -that's where
we're -that's what I'm getting to.
ANDREW PERRY:(InaUdible.)I thought you
were talking about moving the service panel.
CHAIRMAN DUBOIS:So it is -it is
possible,then,to even move the arrays off the hill
even up higher and closer to the house at more along
the ridge line,right?And run -and even shorten
your conduit run.
JIM DEICHSTETTER:That has to do with the
slope that he was talKing about.
CHAIRMAN DUBOIS:I understand that,but I
said it's still possible to move it up -
ANDREW PERRY:Right.I mean,as an
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Page 127
JIM D8CHSTETTER:Okay.When we're on
the brightest,sunniest day during the summer,those
panels are producing 17 kilowatts.
COMMISSIONER TALESFORE:Okay.That's not
my question-
JIM DEICHSTETTER:I can't - I can't use
all that power,right?So it goes into the grid,
and it's going to flow back along the lines and all
of the houses that are on the way are going to be -
be able to use that energy,and PG&E is going to
have to put in less at their end.The -the houses
that are closest to mine -
COMMISSIONER TALESFORE:Okay.
JIM DEICHSTETTER:-are the ones that-
COMMISSIONER TALESFORE:All right.Thank
you.
CHAIRMAN DUBOIS:You've answered the
question.Okay,any other Commission -
Commissioner Burke.
COMMISSIONER BURKE:Couple final
energy-related questions.How do you heat your
house?
JIM DEICHSTETIER:Gas.
COMMISSIONER BURKE:Gas.
JIM DEICHSTETTER:Propane.
Page 126
(1)electrician,we would like to be closer if we could.
(2)CHAIRMAN DUBOIS:That's right.You'd
(3)need a smaller gauge wire up there.
(4)ANDREW PERRY:Right.
(5)CHAIRMAN DUBOIS;Okay,I understand that.
(6)Okay.I'm sorry,Commissioners,I jumped in on top
(7)of you because of that clarification.
(8)COMMISSIONER TALESFORE;No,that-no,
(9)I'm glad -I'm glad you did,you clarified that.
(10)But I do have one other question,and it's in the
(11)little -your justification here,for clarification
(12)for me.It says this extra energy will be going
(13)back into PG&E's grid providing power for my
(14)neighbors,thereby increasing the Town's energy
(15)resources.How can you insure that that -that-
(16)that energy will specifically be out here and used
(17)for Los Gatos residents.I thought when that went
(18)back to the grid,how do you know where it goes?
(19)JIM DEi CH STETTER:I'm out -I'm out on
(20)Kennedy Road,right?
(21)COMMISSIONER TALESFORE: Right.
(22)JiM DEICHSTETTER:There's power lines
(23)that go from home to home to home all the way out
(24)Kennedy Road.
(25)COMMISSIONER TALESFORE:Yeah.
Page 128
(1)COMMISSIONER BURKE:Propane,okay.Okay.
(2)CHAIRMAN DUBOIS:Commissioner Quintana.
(3)COMMISSIONER QUINTANA:Two questions.
(4)One is of Staff.Has -when Staff looked at
(5)alternative sites for the solar panels,did they
(6)analyze the visibility at the attemate sites?
(7)MR.LORTZ:No.There was no graphic that
(8)the applicant prOVided to be able to address that.
(9)The issue was to try to get the human activitY area
(10)centralized on the property as possible.And that
(11)was really our goal is to try to take these panels
(12)off of what is,you know,native hillside area and
(13)try to get it up closer to the home.
(14)COMMISSIONER QUINTANA:Okay.So not
(15)closer to the home.It could be on the same
(16)hillside directly above it,or did you look at what
(17)locations were actually looked at?
(Hi)MR.LORTZ:Well,as I studied it with the
(19).A.sslstant Director -j never spoke with this
(20)applicant myself,personally,but -can we put an
(21)overhead on?
(22)The -the Commission was talking about
(23)putting the panels aLIt in this general area,and the
(24)discussion was that the run was too far to the
(25)panel.The panel's over here.So then the quesh:::n
(408)920-0222 ADVANTAGE REPORTING SERVICES,LLC
BSA PUBUc:HEARING •DECEMBER 10.2003
Page 129
(1)was is there any way to put them up closer to the
(2)home.I know the pool.is here,along the edge here,
(3)perhaps centralized over in this area.And if you
(4)measure from your -your grid area Where the panels
(5)were going to go up to your panel,and you swing
(6)them -swing that same distance,you get over to
(7)about here.
(8)So what we're trying to do is be as
(9)sensitive to your run as possible,but try to keep
(10)the panels off of the natural hillside al1d get them
(11)up closer to the developed atea of the property.
(12)JIM DEICHSTETTER:May I have a word?
(13)Okay.He's talking abput the natural hillside.
(14)When I opened my original statement,I said there is
(15)nothing natural about this hillside.It is full of
(16)European grasses.I've got a,report here of,you
(17)know,the type of things that are growing out there.
(18)And it's European grasses and weeds,and 1Intend to
(19)take all of that and replace it with what belongs
(20)there.I mean,this is going to be a long-term
(21)project for me,but I intend to,you know,put
(22)bushes and shrubs and,you know,everyt!1ing off of
(23)the plant list.
(24)CHAIRMAN DUBOIS:Okay.Commissioner
(25)QUintana,do you have a question?
Page 130
(1)COMMISSIONER QUINTANA:I have a question
(2)of Staff.Do we have any knowledge about What the
(3)typical native plants that grow in that area are as
(4)'opposed to just taking plal1ts off a native plant
(5)list?Some native plants are not adaptable to all
(6)areas.So I'm curious about that.
(7)MR.LORTZ:I'm sorry.You had a question
(8)of Staff?
(9)COMMISSIONER QUINTANA:Oh,I thought you
(10)were checking it out.
(11)CHAIRMAN DUBOIS:Repeat your question,
(12)would you please.
(13)COMMISSIONER QUINTANA:My question,well
(14)it has -it had to do with the vegetation that the
(15)applicant was proposing to eventually plant both
(16)there and on the berms.
(17)MR.LORTZ:Yes.
(18)COMMISSIONER QUINTANA:In the solar area
(19)and the berms.I know we talked on the hillside
(20)during the design,developing the Hillside Standards
(21)about the type of vegetation that should be planted,
(22)that it should be consistent with the vegetation,
(23)native vegetation that is already groWing in the
(24).area and has adapted to that particular environment.
(25)Do we have any knOWledge of what those plants would
Page 131
(1)be as opposed to the applicant says hers taklng
(2)ev~rythlng off of the native plant list,but haSn't
(3)indicated anything about the habitat requirements of
(4)those plants?Complicated question.Not'Well said.
(5)MR.LORTZ:We are familiar with what
(6)types of plant materiais grow out there.As the
(7)gentleman alluded to,the applicant alluded to,It's
(8)his aSsertion that that is not native grass on that
(9)hillside.It's well established.It's been there
(10)an awful long time,but may not be nativeftom some
(11)senses.
(12)The question is can he plal1t that
(13)hillside?Well,he can -yes,he can plant the
(14)hillside.He can't grade the hillside.So if there
(15)was a grading request,it would be before this
(16)Commission.But if somebody wants to plant their
(17)property with native materials,and he did get those
(18)off the native plant list,then that seems
(19)reasonable to do.
(20)The only issue there is are -you know,I
(21)think the question that you were raising is is this
(22)an omamentallandscaping .extension,and I think -
(23)COMMiSSiONER QUINTANA:Exactly.
(24)MR.LORTZ:-the answer to that is no,
(25)because the applicant's using native plants.But
Page 132
(1)they are taking a very grassy meadow hillside area
(2)and converting that over to a landscaped native
(3)vegetated area..
(4)COMMiSSiONER QUINTANA:That doesn't seem
(5)to be consistent with the areas around it.I'm a
(6)little concemed about that.I also am concerned
(7)about the extent of the turl grass that's being
(8)proposed.By my calcuiations,it's about 9,000
(9).square feet.
(10)A VOICE:Nine thousand?
(11)CHAIRMAN DUBOIS:Okay.Is there a
(12)question there?Any other questions for the
(13)applicant?Commissioner Burke.
(14)COMMISSIONER BURKE:I -this may have
(15)been a miscon -understanding by the Commissione,s,
(16)but I'm going to ask you.Maybe I misunderstand ':.
(17)This California red fescue you're going to plant-
(18)JIM DElcHSTETTER:Right.
:(19)COMMISSIONER BURKE:-you're not g0i~]
(20)to be mOWing that for (inaudible),that's just going
(21)to go down as a -as a-as a natural grass,ilke
I (22)you would at oats or a wheat,and It will go to se'::c
(23)every year,or are you actually going to be mew.,,;
(24)it,landscaping it,that type of thing?
(25)JIM DEICHSTETTER:By the Fire Department,
l'tnVdNTAGE REPORTING SERVICES,L.LC (408)920-0222 Page 129 to Page
BSA PUBUC HEARING -DECEMBER 10,2003 ~S~
-,=-~Page 133 Page 135 ~
(1)you have to keep things cut (1)species.
(2).COMMISSIONER BURKE:Okay.(2)And I was actually dlsCtJSSlng with
(3)JIM D8CHSTETTER:It'd be like any other (3)somebody at the open space what belongs on that
(4)grass that would be out there,it'd have to be cut.(4)hillside.And she wasn't sure if it was chaparral
(5)Maybe it's going to be cut long,but it's going to (5)or if it was some sort of grasses that belonged
(6)need -it still needs to be cut.(6)there.But I will be working it out with the open
(7)COMMISSIONER BURKE:I thought they only (7).space,and not only will my property be done,1will
(8)needed to be cut if it was within a certain distance (8)continue on and,at my own expense,do some of this
(9)to -(9)stuff to the open space in the future,because we
(10)JIM DEICHSTETrER:Welt -(10)need to restore our natiVe plants.This stuff
(11)COMMISSIONER BURKE:-your house.(11)doesn't belong here..
(12)JIM DEICHSTETIER:And that distance is,(12)CHAIRMAN DUBOIS:Okay.Thank you.Are
(13)you know,like 30 feet?(13)there any other questions for the applicant?1
(14)COMMiSSIONER BURKE:Yeah.And how far is (14)thank you,sir.Is - I have no cards from anyone
(15)this going to extend from there?(15)in the audience.Is there anyone in the audience
(16)JIM DEICHSTETTER:And this Is (16)that wishes to speak to this Issue?Seeing none,
(17)considerably more than that But,you know,I give (17)nobody jumping forward,then I'm going to go ahead
(18)you odds that down in Los Angeles,dUring that last (18)and close the public hearing,retum this to the
(19)big fire,there had -there were people there who (19)Commission for questions of Staff,a motion or some
(20)had their stuff mowed to 30 feet away from their (20)form of conversation.
(21)house,and their house burned anyways.It is best (21)Commissioner Quintana,you look like you
(22)to keep things as far away from your house as you (22)want to say something.
(23)can and,you know,the grass to be kept,you know,(23)COMMISSIONER QUINTANA:1thought I Wanted
(24)six inches tall,whatever.(24)to make a motion,but I'm -I'm fairly confused
(25)COMMISSIONER BURKE:Okay.(25)now.Let me clarify,first of all,what we are
Page 134
(1)JIM DEICHSTETTER:One other thing -
(2)could I read from this about the grasses?
(3)CHAIRMAN DUBOIS:Actually,if we don't
(4)have a question for it,no.
(5)JIM DEICHSTETTER:Just -just a
(6)couple -it answers -it answers his-
(7)CHAIRMAN DUBOIS:Not unless one of the
(8)Commissioners has a question about it.
(9)COMMISSIONER BURKE:Would you read from
(10)that paper on the grasses-
(11)CHAIRMAN DUBOIS:Very good.
(12)JIM DEICHSTETTER:Thank you.
(13)CHAIRMAN DUBOIS:Now you -now you can.
(14)JiM DEICHSTETTER:It says between about
(15)1770,which is a long time ago,and 1870,a
(16)collection of Eurasian annual glasses -grasses,
(17)largely supplanted California's native perennial
(18)grasses.These newer annual grasses are a dominant
(19)feature of what has been termed the State's de facto
(20)native flora.Okay.So -and then what you're
(21)calling this is native flora,and it's not.It is
(22)not what belongs there.And \have spoken to the
(23)open space,who is my neighbors to the west,and
(24)they have projects where they go around and replace
(25)whatever is in a certain location with the native
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Page 136
doing here.We are -we have two things in front
of us.We have the solar panels,and we have the
landscaping;is that correct?And the landscaping
aspect includes the berm and the turf area and the
dry stream?
MR.LORTZ:You have a grading permit in
front of you.
COMMISSIONER QUINTANA:Oh,we have a
grading permit in front of us?
MR.LORTZ:You have a grading permit,and
you have the solar panels,
COMMISSIONER QUINTANA:And the grading is
for?
MR.LORTZ:The berms.
COMMISSIONER QUINTANA:The berms.
MR.LORTZ:More than 50 yards.
COMMISSIONER QUINTANA:Okay.So we have
no discretion over the landscaping planting per se.
MR.LORTZ:No..
COMMISSIONER QUiNTANA:Okay.
MR.LORTZ:If you wanted to -ffyou
wanted to approve the grading permit on the
condition that XYZ happens -
COMMISSiONER QUINTANA:With the
landscaping -
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Page 137
MR:LORTZ;-that's fine.
COMMISSIONERQUINTANA:-we can do that?
MR.LORTZ:But -because thatthen
becomes a cendition of the permit If you deny the
grading permit,then ...then it's denied and -and
there's no conditions you can impose in terms of the
way that he intends to use that area in terms of,
you know,maybe.red fescue,without ttle berms.
COMMISSIONER QUINTANA:Okay.My other
question.My inclination was to make a inotion that
would approve it with -with condruons,and one of
the conditions is to move the -the array of the
photovoltaics ...
CHAIRMAN DUBOIS:Let's make a motion if
you're going to make a motion.Let's move forward.
COMMISSIONER QUINTANA:I want to ask a
question,though,of .Staff -
CHAIRMAN DUBOIS:Okay.
COMMISSIONER QUINTANA:-because I'm
concerned that without haVing analyzed the visual
aspects of it,that it might be more appropriate to
continue it and ask that we have some mock ups put
up in the various possible locations for the
photo -for the photovoltaics to check out the
aesthetic impacts.
Page 139
(1)COMMISSiONER QUINTANA:And that motion is
(2)to approve -what's the application number?Site
(3)and Architecture Application &-01.98,and that
(4)inclwdes -get this -make sure I get this right.
(5)that includes both the photovoltaics and the grading
(6)permit
(7)MR.LORTZ:Correct.
(8)COMMISSIONER QUINTANA:Okay.With the
(9)follOWing conditions:
(10)One,that the solar array be moved to a
(11)location to the satisfaction of the Director of
(12)Planning and Community Development
(13)That some photo simulations or some other
(14)method of looking at the visibiltty of the panels
(15)off site be part of the Director's decision-making
(16)process to insure that they don't increase
(17)visibiltty of the panels.
(18)To approve the grading permits for the
(19)berms,pecause that would allow the applicant to
(20).have $Ol11e landscaping that would show both the house
(21)and the area,but that the leach field be left in
(22)its natural state,and the hillside be left in the
(23)natural state.
(24)And I think-that's it.
(25)CHAIRMAN DUBOIS:Okay.Do we have a
Page 13e
(1)MR.LORTZ:We'd be happy to do that I
(2)think if you have an imagination th<i.t would allow
(3)you to visualize on a couple of the exhibits where
(4)the pictures were taken from the -from the land -
(5)from the open space area,you might be able to
(6)visualize a slanted photo array of that nature up on
(7)the more flatter areas of the prClperty.
(8)COMMISSIONER QUINTANA:Okay.I think I'm
(9)going to try a motion.
(10)MR.LORTZ:But we'd be happy to do a mock
(11)up for you if you're inclined to want to go that
(12)direction.I mean,actually,something -I think
(13)Ms.Quintana may want to go up into the open space
(14)area and look down on it for herself with a,you
(15)know,a sample mock up or -or maybe,you know,a
(16)computer genetated photo mockup ofthe picture that
(17)was inCluded in the,Staff Report with the panels
(18)placed in various locations -
(19)COMMISSIONER QUINTANA:1think I've just
(20)come up with -
(21)MR.LORTZ:Those are all options.
(22)COMMISSIONER QUINTANA:- a solution for
(23)my partiCUlar dilemma.So I'm going to make a
(24)motion.
(25)CHAIRMAN DUBOIS:Okay.
Page 140
(1)second for the motion?Commissioner Micciche?
(2)COMMISSIONER MICCICHE:I believe I'm
(3)going to second the motion.lam going to -
(4)CHAt RMAN DUBOIS:Put your microphone on
(5)to say that.
(6)COMMISSIONER·MICCICHE:I have it on.
(7)CHAIRMAN DUBOIS:Oh,is it?
(8)COMMISSIONER MICCICHE:I have it on,
(9)yeah.
(10)CHAIRMAN DUBOIS:All right.
(11)COMMISSIONER MICCICHE:But I'd like to
(12)expand the option that the Community Development
(13)Director has that if in his opinion the visibiltty
(14)issues,either from the neighbors or others,where
(15)they might plan on mOVing it,are such restricted
(16)moving it there that they do have it in the place
(17)where it is now,that landscaping be provided to
(18)block theyiew from K~nnedy Road.
(19)MR.LORTZ:That would be fine if the
(20)Commission decides to do t'lat.The other 00::0',
(21)would be that if we run into a snag visuaily cn the
(22)flatter area up close to the home,I'd bring the
(23)matter back to this Commission.
(24)COMMISSIONER QUINTANA:That's what itr
(25)going to suggest.
1\r"\fI\I\.IT1H~1=RI=PORTING SERVICES,LLC (408)920-0222 Page 137 to Page
BSA PUBUC HEARING.DECEMBER 10,2003
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Page 141
COMMISSIONER MICCiCHE:Okay.Rather than
have that option.
COMMISSIONER QUINTANA:At-
MR.LORTZ:Yeah.
COMMISSIONER MICCiCHE:Okay,fine.I'm
going to-
CHAIRMAN DUBOIS:You're going to second
this,okay.Commissioner Buri<.e.
COMMISSIONER BURKE:I'm going to ask the
maker of the motion IT they'll accept a -and the
seconde(IT they'll accept an amendment Would they
accept amendment limiting the size of the array to
the lesser of the amount that the State
documentation says they need to on the house,or the
maximum amount that PG&E allows for -for net
metering?
Because I'm concerned if we get into a
situation where it's no longer in that metering,
they're actually become a co-generation facility for
PG&E,and I don't know IT I like the precedence of
setting a -the idea of a co-generation facility
for PG&E in the hillsides.
COMMISSIONER QUINTANA:As I understand
the motion,I'd be willing to add -add that.
CHAIRMAN DUBOIS:Commissioner Micciche.
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Page 143
This is what's there now.That's the way I've had
(inaUdible).
MR.LORTZ;So the applicant intends to
improve that -
COMMISSIONER QUINTANA:My -my concern
is I think 9,000 square feet of turf is excessive.
It's essentially a lawn,and-
MR.LORTZ:How about if the concern is
use of irrigated water,that there be no irrigation
allowed to that area?
COMMISSIONER QUINTANA:I think 1 could
live with that
CHAIRMAN DUBOIS:That would solve the
problem.
COMMISSIONER TALESFORE:That's good.
COMMISSIONER MICCICHE:l'Ulive with
that.
CHAJRMAN DUBOIS:Commlssioner Burl<e.
COMMISSiONER BURKE:One further thing
is the applicant said he had no intention of at
least putting a wildlife fence around the property,
and I think that that also tends to limit the
landscape options,because those deer make wonderful
mowers.
COMMISSIONER QUINTANA:Yeah,I would
Page 142
(1)COMMISSIONER MICCICHE:(Inaudible.)
(2)CHAIRMAN DUBOIS:Commissioner Talesfore.
(3)COMMISSIONER TALESFORE:·I would just like
(4)to comment that I'll support this motion -
(5)CHAIRMAN DUBOIS:Okay.
(6)COMMISSIONER TALESFORE:-unless-
(7)anybody -do you have another comment to make -
(8)CHAIRMAN DUBOIS:No.
(9)COMMISSIONER TAlESFORE:-or
(10)condition-
(11)CHAIRMAN DUBOIS:No,but we -we still
(12)have to adopt the Negative Declaration and-
(13)MR.LORTZ:Just a clarification on the-
(14)on the grading portion of your discussion.You
(15)had mentioned that the -that the berm -that
(16)the leach field be kept in a natural state,and what
(17)the appfica'lt intends to do through the grading
(18)permit is bring in,you know,probably mulch and
(19)topsoil so that it becomes then a garden area.So
(20)if that's not your intent,then we just want to
(21)clarify.
(22)COMMISSiONER QUINTANA:In other words,he
(23)would move his garden aiea to the leach fields and
(24)raise -and raise beds?
(25)JIM DEICHSTEITER:This is what's native.
Page 144
(1)acceptthat.And I'll also note that the project
(2)next door on the house next door',it has some very
(3)wonderful mowers in the form of two goats.That
(4)might be an option,too.I - I just -I want to
(5)comment that none of us are agalnst the solar
(6)aspects,although we want to keep it to the minimum
(7)because the -of the aesthetic issue.
(8)I lost my train of thought,I'm sorry..
(9)CHAIRMAN DUBOIS:Okay.So we have a
(10)motion before us and second.We'll deal with that
(11)first before we deal with the other.All -yes,
(12)Commissioner Burke.
(13)COMMISSIONER BURKE:I just want to get
(14)clarification from Mr.Lortz that he understood and
(15)that the Commission understood what my"NIo
(16)amendments were.One-
(17)CHAIRMAN DUBOiS:Would you read it back
(18)to us,Commissioner Burke.
(19)COMMiSSIONER BURKE:One was t'le limITing
(20)the array fa the -to the minimum either the,
(21)whatever the document this gentleman has from the
(22)State saying the size of the array he needs or the
(23)maximum allowed by PG&E for net metering.
(24)MR.LORTZ:Whichever's less.
(25)COMMISSIONER BURKE:Whichever's less.
ADVANTAGE REPORTING SERVICES.LLC
PUBUC HEARING -DECEMBER 10,2003
Page 145
(1)MR.LOR1Z:Correct.
(2)COMMISSIONER BURKE:And the other one was
(3)that the -the fencing for the landscaping would be
(4)anon-wildlife-proof fencing,like a split rail or
(5)nothing or whatever or loW or-
(6)MA.LORTZ:The fencing for the what?
(7)COMMISSIONER BURKE:Just that the
(8)property would not be fenced in a wildlife-proof
(9)fence.
(10)COMMISSIONER QUINTANA:Oh.
(11)CHAIRMAN DUBdIS:Do you want to expand
(12)the motion to adopt the mitigated Negative
(13)Declaration and the monitoring plan and the required
(14)considerations and deal with all that stuff?
(15)COMMISSIONER QUINTANA:Yes.But first I
(16)want to clarify that my -Commissioner BUrke's
(17)motion on the fence.I'm not sure I understood what .
(18)I was accepting.
(19)COMMISSIONER BURKE:You seemed concerned
(20)about the landscaping and turf,and one of the
(21)things I suggested was that if the -the property
(22)was not fenced in a wildltfe-proof fence,th~the
(23)native wildlife would tend to keep down on native
(24)landscaping as well as,you know,keeping the -the
(25)fescue mowed.
Page 146
(1)COMMISSIONER QUINTANA:So you're
(2)proposing that if a fence is put up,it's a fence
(3)that wildlife can get through?
(4)COMMISSiONER BURKE:Yes.
(5)COMMiSSIONER QUINTANA:Okay.That's what
(6)I thought you -
(7)COMMISSIONER BURKE:Whether that be split
(8)rail or a low fence or whatever.
(9)COMMISSION8R QUINTANA:Okay.Sorry.
(10)I -as part of my motion,I propose that we'll
(11)make the Negative Declaration and adopt the
(12)mitigation monitoring plan and state that we've made
(13)the considerations in Exhibit A.And that we've
(14)approved the application SUbject to the conditions
(15)of approval in Exhibit B and in addition to
(16)the ones that we have added through the motion
(17)process.
(18)CHAIRMAN DUBOIS:Okay,Seconder?
(19)COMMISSIONER MICCICHE:1 agree.
(20)CHAIRMAN DUBOIS:Okay.There's a motion
(21)on the floor.All those in favor of the motion,
(22)signrry by saying aye.
(23)(Ayes.)
(24)CHAIRMAN DUBOIS:Opposed?Motion carries
(25)unanimously.Appeal rights.
.,.
JCMAX~~
Page 147
(1)MR.LORTZ:This Is an action of the .
(2)Planning Commission that Is appealable to the Town
(3)Councll.Forms are -are available from the
(4)Clerk's Office.You must file the appeal within ten
(5)days,and there Is a fee for filing an appeal.
(6)
(7)(End of Items 2,3 and 4.)
(8)
(9)-000-
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Page 148
(1)
(2)I,USA A.GLANVILLE,C.S.A.#9932,a
(3)Certified Shorthand Reporter in and for the State of
(4)Califomia,do hereby certify:
(5)That the preceding tape transcription was
(6)taken down by me in shorthand to the best of my
(7)ability and thereafter reduced to computerized
(8)transcription under my direction and supervision,
(9)and I hereby certify the foregoing'transcript is a
(10)full,true and correct transcript of my shorthand
(11)notes so taken.
(12)I further certify that I am neither
(13)counsel for nor related to any party to said action
(14)nor interested in the outcome of this action.
(15)Witness my hand this day of
(16)December,2003.
(17)
(18)
(19)LISA A.GLANVILLE
CSR No.9932
(20)State of California
(21)
(22)
(23)
(24)
ADVANTAGE REPORTING SERVICES,LLC (408)920-0222 Page 145 to Page 1
REPORT TO:
FROM:
LOCATION:
CONSIDERATIONS:
ACTION:
.ENVIRONMENTAL
.ASSESSMENT:
EXHIBITS:
A.REMARKS:
Date:~D~ec::..::e~m~b~e:=..r__'"4"'_",2::.::0~0~3
For Agenda Of:December 10,2003
Agenda Item:4:...-_
The Planning Commission
The Development Review Committee
15220 Kennedy RoclCi
Architecture and Site Application S-01-~:3
Negative DeclarationND-04-3
Requesting approval of a grading permit for landscaping
improvements and approval to install solar panels on property zoned
HR-2 V2.No significant environmental impacts have been identified as
a result of this project and a Mitigated Negative Declaration is
recommended.APN 537-15-004.
PROPERTY OWNERJAPPLICAJ.'4"T:Jim Deichstetter
DEEMED COMPLETE:December 3,2003
FINAL DATE TO TAKE ACTION BY:May 3,'.004
As required by Section 29.20.150 of the Town Code for Architecture
and Site applications.
The decision of the Planning Commission is final unless appealed
within ten days .
It has been determined that this proiect will not have a significa'1t
impact on the environment and a mitigated Negative Declaration has
been prepared for this propc.sal.
A.Required Considerations (3 pages)
B.Recommended Conditions of Approval (4 pages)
C.Letter of Justificatk'n (8 pages)
D.Initial Study
E.Mitigated Negative Declaration
F.Mitigation Monitoring Plr).
G.Development Plans (5 pages),received September 3,2003
The applicant is requesting approval for landscaping improvements and installation of a series of
10,ground mounted solar panels.The subject property is approximately 2.53 acres and is locaL-::d
on Kennedy Road,just east of Top of the Hill Road.
Attachment 6
The Planning Commission .Page 3
15520 Kennedy Road/S-01.98,ND.04-3
December 10,2003
Declaration (Exhibit E).The following is a summary of potentially significant impacts anc1
their recommended mitigation:
Potentially Significant Impact Recommended Mitigation
Create a new source of substantial light or If complaints about light reflection from·the
glare which would adversely affect day or solar array are received from any affected
nighttime views in the area.neighbors (as verified by Town Staff),the
project applicant will be required to alter the
angles of the solar panels as necessary to
minimize this effect.
Create a significant hazard to the public of the A continuous water misting operation using a
environment through reasonably foreseeable spray nozzle adjusted to provide as fine a m:q
upset and accident conditions involving the as possible will be applied in the immediate
release of hazardous materiais (asbestos)into serpentine excavation and drilling operation
the environment.areas.
The excavated material should be buried
under planting berms as soon as possible and
at depths to ensure no sur~:ace exposure.Any
stockpiled soils containitlg serpentine will be
k )t wet and covered with a lO-mil
r ulyethylene plastic layer until the are buried
.·.md covered under planting benns.
The Engineering Division of the Parks and
PublicWorks Department will be respon.lble
for ensuring proper handling and placement of
serpentine materials as part of the grading
pennit plan check and inspection process.
Substantially alter the existing drainage Energy dissipaters shall be installed below
pattern of the site or area,including through each solar panel to minimize erosion hazards
the alteration of the course of a stream or associated with changes in surface drainage.
river,in a manner which would result in the Energy dissipaters can be similar in design to
substantial erosion or siltation on-or off-site.those already constructed at the top of the
slope just above solar array area and below the
landscaped pool area.
All the conditions in the Mitigated Negative Declaration have been included in the conditions of
approval (Exhibit B)to reduce the impacts to a less-than-significant level.Staff has prepared a
mitigation monitoring plan (Exhibit F)to itemize the mitigation,monitoring action and timing of
action.
The Planning Commission -Page 5
15520 Kennedy Road./S-O 1-98,ND-04-3
December 10,2003
C.RECOMMENDATION:
On September 9,2003,the Development Review Committee (DRC)deemed the plans to be
complete and referred the project to the Planning Commission.An environmental review was
necessary due to the amount of area the solar panels covered and the slope of the land.-:'he DRC
was also concerned about aesthetic impacts of the solar array.The initial study analyzed the
environmental issues relating to the proposed project (Exhibit D).A mitigated negative
declaration was prepared for the project (Exhibit E).
If the Planning Commission is satisfied with the current proposal,it should:
1.Adopt the Mitigated Negative Declaration (Exhibit E).
2.Adopt the Mitigated Monitoring Plan (Exhibit F).
3.Make the Required Considerations (Exhibit A).
4.Approve the application suhject to the recommended Conditions of Approval (Exhibit B).
If the Commission does not find merit with the application,it can either be continued to a date
certain with specific directions to the applicant and/or staff or the application could be denied.
1)Approve the proposed application with additional conditions;or
2)Refer the application back to staff for further work as directed;or
3)Deny the application .
BNL:JG
....)fr.r~t~:\bL\/'t<'+.~_
Bud Lortz,Ditfctor of.mmunity Development
Prepared by:Judie Gilli,Assistant Planner
cc:Jim Deichstetter,15220 Kennedy Road,
Los Gatos,CA 95032
I
I
\f---,-----;--'
\ I
N:\DEY\.J udie\projects\Ker.nedy\S caff report.wpd
REQUIRED CONSIDERATIONS FOR:
15220 Kennedy Ro~d
Architecture and Site Application S-01-98
Negative Declaration ND-04-3
Requesting approval 0 fa grading pennit for landscapingimprovements and approval to install ~o lar
panels on property zoned HR-2 Y2.No significant environmental impacts have been identified as a
result ofthis project and a Mitigated Negative Declaration is recommended.APN 537-15-004.
PROPERTY OWNER/APPLICANT:Jim Deichstetter
CONSIDERATIONS IN REVIEW OF APPLICATIONS
•As required by Section 29.20.150 of the Town Code for Architecture and Site applications:
The deciding body shall consider all relevant matter including,but not limited to,the folIo\'lng:
(1)Considerations relating to tl:affic safety andtraffic congestion.The effect of the ,::itc
development plan on traffic conditions on abutting streets;the layout of the site with respect
to locations and dimensions of vehicular and pedestrian entrances,exits,drives,and
':Valkways;the adequacy of off-street parking facilities to prevent traffic congestion;the
location,arrangement,and dimension of truck loading and unloading facilities;the
circulation pattern within the boundaries ofthe development,and the surfacing,lighting and
handicapped accessibility of off-street parking facilities.
A.
B.
Any project or development that will add traffic to roadways and critical
intersections shall be analyzed,and a determination made on the followi<~
matters:
1.The ability of critical roadways and major intersections to
accommodate exi~ting traffi(;;
2.Increased traffic estimated for approved developn :nts r)t yet
occupied;and
3.Regional traffic growth and traffic anticipated for the proposed
project one (1)year after OCCUP,~l1CY.
The deciding body shall review the application for traffic
roadway/intersection capacity and make one (1)of the following
determinations:
1.The project will not impact anyroadwa.ys and/or intersections call sing
the roadways and/or intersections to exceed their available capacities.
2.The project will impact a roadway(s)and/or intersection(s)causin~
the roadway(s)and/or intersection(s)to exceed their available
Pege 1 of 3
E:J~hibit A
approval.Consistency and compatibility shall be encouraged in scale,massing,materials,
color,texture,reflectivity,openings and other details.
(7)Considerations relating to lighting and street furniture.Streets,walkways,and buildir..;
lighting should be designed so as to strengthen and reinforce the image of the Town.Str-::et
furniture and equipment,such as lamp standards,traffic signals,fire hydrants,street signs,
telephones,mail boxes;refuse receptacles,bus shelters,drinking fountains,planters,kiosks,
flag poles and other elements ofthe street environment should be designated and selected so
as to stre'1gthen and reinforce the Town image.
(8)Considerations relating to access for physically disabled persons.The adequacy of the si te
development plan for providing accessibility and adaptability for physically disabled persons.
Any improvements to a nonresidential building where the total valuation of alterations,
structural repairs or additions exceeds a threshold value established by resolution of the
Town Council,shall require the building to be modified to meet the accessibility
requirements of title 24 of tIle California Administrative Code adaptability and accessibility.
In addition to retail,personal services and health care services are not allowable uses on
nonaccessible floors in new nonresidential buildings.Any change ofuse to retail,health care,
or personal service on a nonaccessible floor in a nonresidential building shall require that
floor to be accessible to physically disabled persons pursuant to the accessibility:
requirements of title 24 of the California Administrative Code and shall not qualify the
building for unreasonab Ie hardship exemption from meeting any ofthose requirements.This
provision d\)es not effect lawful uses in existence prior to the enactment of this chapter.All
new residential developments shall comply with the Town's adaptability and accessibility
requirements for physically di~,~bled persons established by resolution.:
(9)"Considerations relathg to the location of a hazardous waste management fCl<.-ility.A
hazardous waste facility shall not be located closer than five hliildred (500)feet t()any
residentially zoned or used property or any property then being used as a public or private
school primarily educating persons under the age of eighteen (18).An application for such
a facility will require an environmental impact report,which may be focus-.:d thrQ1.~gh the
initial study proce5 o.
Page 3 of 3
'f
CONDITIONS OF APPROVAL FOR:
i.5220 KennedyRoad
Architecture and Site Application S-Ol-·)
Negative Declaration ND-04-3
Requesting approval of a grading permit for landscaping improvements and approval to install
solar panels on property zoned HR-2~.No significant environmental impacts have been
identified as a result of this project and a Mitigated Negative Declaration is recommendeL
APN 537-15-004.
PROPERTY OWNER/APPLICANT:Jim Deichstetter
TO THE SATISFACTION OF '}"ffi DIRECTOR OF COMNIUNITY DE~2LOPMENT
(Planning Division)
1.EXPIRATION OF APPROVAL:Ti:is Architecture and Site application will expire two
years from the date of approval un~jSS the approval is used before expiration.Section 29.20.335
defines what constitutes the use of an approval granted under the Zoning Ordinance.
2.MITIGATION MONITORING PLAN:The app'licant shall implement the proposed proj ;t
according to the approved mitigation monitoring plan forthisproject.
3.PLANS:Development plans received on September 3,2003.
(Building Division)
4.PERMITS RFQUIRED:A building permit applicatiori shall be required for the prop:Jsd
structure.Separate ElectricallMechanicallPlumbing pernlits shall be required as necessary.
5.CONDITIONS OF APPROVAL:All Conditions of approval shall be 'stated in full on 'he
cover sheet of the constmction plans submitted for the building permit.
6.'SIZE OF PLANS:The maximum size of conshlction plans submitted for building
pennits shall ;Je 24"x 36".
7.PLAN PREPARATION:The construction plans for this project shall be prepared under
direct supervision of a licensed architect or engineer.(Business and Professionals Code Section
5538).
9.SOILS REPORT:Two copies ofa 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.
10.FOUNDATION INSPECTIONS:A pad certificate prepared by a licensed civil engineer
or land surveyor shall be submitted to the project building inspector upon foundation inspection.
This celiificate shall certify compliance with the recommendations as specified in the soils report
and the building pad elevation and on·siteretaining wall locations and elevations are prepared
according to approved.plans.Horizontal and vertical controls shall be set and celiified by a
licensed surveyor or registered civil engineer for the following items on stmctural calculation on
photo array attac 1:ment.
Exhibit B
carried out during construction and before installation of the final landscaping shall be
inckded.Interim erosion control method shall include,but are not limited to:silt fences,
fiber rolls (with locations and details),erosion control blankets,Town standard seeding
specification,filter berms,check dams,retention basins,etc.Provide erosion control
measures as needed to protect downstream water quality during winter months.The grading,
drainage,erosion control plans shall be in compliaLce with applicable measures cont~:mfi
in the amended provisions C.3 and C.14 of Order 01-024 ofthe amendedSanta Clara County
NPDES Permit.
15.NONPOINT SOURCE POLLUTION PREVENTION.On-site drainage systems shall
include a filtration device such as a bio-swale.
16.SILT AND MUD IN PUBLIC RIGHT-OF-WAY.It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on
a daily basis.Mud,silt,concrete and other construction debris SHALL NOT be washed into
the Town's storm drains.
17.RESTORATION OF PUBLIC IMPROVEMENTS.The developer shall repair or replace all
existing improvements not designated for removal that are dan :aged or removed because of
developer's operations.Improvements such as,but not limited to:curbs,gutters,sidewalks,
driveways,signs,pavements,raised pavement markers,thermoplastic pavement markings,
etc.shall be repaired and replaced to a condition equal to or better than the original
condition.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 .{\,2cess
provisions.Developer shall re'quest a walk-through with the Engineering Cons~ruction
Inspector before the start of construction to verify existing conditions.
18.CONSTRUCTION NOISE.Between the hours of8:00 a.m.to 8:00 p.m.,weekdays and 9:00
a.m.to 7 :00 p.m.weekends and holidays,construction,alteration or repair activities shall be
allowed.No individual piece of equipment shall produce a noise level exceeding eighty-five
(85)dBA at twent;-five (25)feet.lithe device is located within a structure on the property,
the measurement shall be made at distances as close to twenty-five (25)feet from the device
as possible.The noise level at any point outside of the property plane shall not exceed
eighty-five (85)c ~A.
19.PRlVATE SEWAGE DISPOSAL SYSTEMS.A plan approval letter from the
Environmental Health Department shall be provided prior to issuance of a grading permit.
N:\DEV\Judie\projects\K.ennedy\CONDITIONS OF APPROVAL FOR.wpd
To:Los Gatos planning &building Departments
RE:Permit application for residential Photovoltaic power system
Justification
This Photovoltaic system is proposed,in an effort to eliminate,on
average,my consumption of PG&E electrical power,there by
reducing the amount of air pollution created on my behalf and/or
freeing up generating capacity for the use by others.
Considering the California power crisis of 2001,and the recent
blackouts back east,all levels of government are encouraging energy
conservation and use of renewable energy resources.The state of
California is extremely interested in home owners installing
Photovoltaic electrical systems.The state has passed a bill
committing to have 200/0'of the states electrical consumption
contributed by renewable sources by 2017.The Town of Los Gatos
has also shown its concern over energy consumption in its Hillside
Plan.The following is a quote from that plan:
"The use shall not impose any more burden upon the Town's energy resources or se~vices
than would a single-family residence approvable under current hillside stahdards."
The proposed PV system eliminates my homes burden on the Town's
energy resources,as a matter of fact on a hot summer 'day this PV
system will be producing 17KW of power,far exceeding the houses
electrical demand.This extra energy will be going back into PG&E's
grid,providing power for my neighbors,there by increasing the town's
energy resources.
This PV system will also reduce pollution of C02 by '10 tons per year,
along with substantial amounts of other pollutants.
Jim Deichstetter
..,",
,,
EXHIBIT C
,.
15220 Kennedy Road
East Side Yard Landscaping Description
Most of the east side yard of the property is used as a leach field for the
septic system.The leach field cannot be planted with shrubs,trees or any
.other deep rooted plants,the only class of plants that can be planted are
grasses.I have explored the Internet and nurseries looking for native
California grasses to use for this purpose.I was unable to find a native
California species that was not a bunch grass.Bunch grasses grow in little
tufts,with small spaces in between,and are deep rooted.Most grow to
heights of 18"to 24".I have two issues with this:the Fire Marshall wants all
grass cut short and it is unsafe for my three year old.A child running
through a field of tufted grass is liable to trip and break an ankle on the
uneven-surface created by the tufts.The only acceptable alternative I have
found is a turf grass that is a hybridized California Red Fescue.This grass
is slow growing and drought tolerant,an excellent choice for this area.
Along the west side of the grass,which is closest to the house,I intend to
put a quartz cobble dry stream,as a point of interest and to catch any run
off from the grass during winter rains.On the north and east sides of the
grassed area will be a four foot wide crushed granite walking path.Under
the walking path on the east side will be a French Drain consisting of a 4"
perforated drainpipe surrounded by drain rock and filter fabric.This drain is
to catch the run off from the other half of the grass.The grass area will be 9"
taller in the center than along the east and west edges to facilitate drainage.
On the outside of the Dry Stream and Walking Path will be burms (to get
the plants further from the leach field)planted with Native California drought
tolerant plant species.In selecting the plants close attention will be paid to
the depth of there root system.
•.--
Letter of Justification
East Side Yard Leach Field Landscaping
Something needs to be done to permanently get rid of the weeds and create an aesthetically pleasing
environment.In its native state what is now the east side yard was covered by trees and scrubs,I would
love to restore it to that condition,but I can't do that.Mostof the east side yard is occupied by the leach
field for h9me's septic system,which limits what can be done with that area.
Objectives;
1)Get rid of all noxIouS non native weeds and grasses.
2)Don't destroy the leach fie.ld with deep rooted plants.
3)Create an aesthetically pleasing environment.
4)Safety of my 3 ~year old son.
5)Stay as close to native California landscaping as possible.
Options:
1) Kill all the weeds each year and leave it dirt (this is what I am currently doing).This.doesn't meet
objectives 3,4,or 5...
2)Plant a smaller area with turf grass.Planting of deep rooted plants should be kept at least 10 feet
from the edge of the leach field;I have already reduced the size qf the grass with a dry creek \
one side,and a walking path on two sides.I could leave a perimeter of dirtarotmd the grass,t
depending on its size I don't think it would meet objectives 3 or 5
3)Use native California grasses:I have explored using native California grasses and discovered
they are all bunch grasses:They grow in balls with shoots going up 18 to 36 inches and are deep
roote.d.A leach.field is nota natural feature.Bunch grasses don't grow in fields,so a·field of
bunch grass would look strange.It would also be a safety hazard.My son is sure to run around in
this field,and is likely to trip .andbreak an ankle because of the uneven surface created by the
bunch grass.I don't think this option meets objectives 2,3,4,or5.
4)Put the vegetable garden in the field:This"option doesn't meet objectives 3 or 5:I chose to put
the vegetable garden where I did because it is inconsistent with the landscaping and is easier to
hide below the grade of the east side yard
5)!think that the most viable choice is a turf grass.My concern with turf grass is the amount
of water it consumes.In my explorations of California Grasses.1 discovered a bunch 9 Tass!
"California Red Fescue"that has been hybridizfJd into a turf grass.This Option meets the
first four objectives and almost meets the fifth~Because of its origins.California Red
Fescue is drought tolerant.
••
California Native Plant Collection (Native Hill)
Partial Plant List as of April,2001
NATIVE BULBS
1 A/iium unifolium VViId onions,Meadow Onions
2 Cl11orogalum pomeridianlJm Soap Plant,Amole
3 Oichelostemma capitatum Blue Dicks
NATIVE flEReNNtALS
4,Achillea miHefolium Common Yarrow,Milfoil
5 Epi/obium sp.(Zauschneria sp.)Califomi:.J Wild Fuchsia,Zausctmeria
6·Eriogonum sP ,:·.,Buckwheats
7 Iris dougtBsiana ."Douglas'Iris
8 tn's innominata ,.,Mountain Iris
9 MimuJus sp Monkeyflowers
10 Penstemon heterophytlus 8Iue 8edder Penstemon
11 Sisyrinchium bel/um :Blue-eyed Grass
NATIVE SHRUBS
12 ArctostaphylOs sp.(A.d~nsfflora 'Howard McMinn:
A.manianita 'Dr.Hurd,'others)ManzBnitas
13 Baccharis pilularis 'T\..nn Peaks'D '<Irf Coyote Brush
14 Calycanthus occidentalis Spice Bush
15 Ceanoflws sp Califomia Lilacs
16 Cercis oCCidentalis Westem Redbud
17 CerC()CafpUS betuloides Mountain Mahogany
18 Comus stofonifera \lar.califomica (Comus sericea)Creek Dogwood
1~Eriagonum sp.(E.amorescel1s,E.giganteum,others)8uc!(~egts
20 Fremontodendron caJifomica Fremontia,Flannel Bush
21 GaNesia speciosa ,Island Snapdragon
22 Heteromefes arbutifolia Toyon.Christmas Berry,California Hylly
23 Mahorlia nevinii (Berberis nevinit)Nevln's Barberry,Nevin Mahonia
.24 Mahonia pinnate (Berberis pinnata)California Barberry,California HoUy
Grape
25 Physocarpus capitalus NinetJafi(
26 Rhamnusca{ifomica California Coffeeberry
27 ,'<nus integrifolia "..",,...........;""Lemonade Berry
28 RomneyB coulter;MatillJa Poppy,Fried-Egg Plant
29 Salvi8 clevelandii Cleveland's Sage
30 Trichostema lanatum ,,Wo oily Blue Curls
NATIVE TREES
31 Aesculus califomica ,Califomia Buck€,a
32 Cupressus sargenfii.Sargent Cypress
3:3 Quercus agrifo/ia :Coa3t U·..e Oak
34 Quercus kefloggii California Black Oak
3S Quercus lobafa Valley Oak.,Vlihite Oak
i\iATIVi::GRASSES
36 Festuca rubra ~Red Fescue
37 Hordeum bracllyanthertlm Califomia Meadow 8aney
38 Melica caiifomica Westem Melics
39 Masella cemua (Stipa cemua)Noctding Needlegrass
40 Naselle pulchra.(Stipe pulchra)~Purpte Needtegrass
[\jATW~WiLDfLOWERS (ANNU.a,l.S)
41 Clarkia sp.(C.amoe-nG,C.unguiculata,otners}Claooas
42 l:Eschscholzia califumica CaHfomia Poppy
43 L.upinus sp.(L.densifiQrus,ot~ers)Lupines
Initial Study
Proposed Photovoltaic Array and
Landscaping Improvements at
15220 Kennedy Road
Los Gatos,California
Architecture and Site Application S-04-07
Prepared for
Town of Los Gatos
Community Development Department
110 E.Main Street
Los Gatos,CA 95031
October 2003
Prepared by
Geier &Geier Consulting,Inc.
P.O.Box 5054
Berkeley,CA 94705-5054
510/644-2535
Exhibit D
o.
Project .Location Figure "1
SOJfce:Geier &Geier Consulting,Inc.(2003)
15220 Kennedy Road,Los Gatos,California
(I)Project Site
A
NoScale N
Initial Study -15220 Kennedy Road
Determination:(to be Completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
X I find that although the proposed project could have a significant effect on the
environment,there will not be a significant effp.ct in this case because revisions in the
project have been made by or agreed to by the project proponent.A MITIGATED
NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment,and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a II po tehtially significant impact ll or "potentially
significant unless mitigated ll impact on the environment,but at least one effect 1)has been
adequately analyzed in an earlier document pursuant to applicable legal standards,and 2)
has been addressed by mitigation measur~s based on the earlier analysis as described on
attached sheets.An ENVIRONMENTAL IMPACT REPORT is required,but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project c'ould have a significant effect on the
environment,.because all potentially signifitant effects (a)have been analyzed adequately
in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,and
(b)have been avoided or mitigated pursuant to thatearlier EIR or NEGATIVE
DECLARATION,including revisions or mitigation measures that are imposed upon the
proposed project,nothing further is required.
Bud N.Lortz,Director of Community Development Date
October,2003 4
Initial Study -15220 Kennedy Road
Issues (and Supporting Infonnation Sources)
Potentially
Significant
Impact
Potentially
Significant
Impact Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
While the objective of solar panels is to absorb sunlight and not reflect it,each panel is covered with
tempered glass to protect the solar cells.It is possible that some sunlight will reflect off the glass
surface.When the Law of Reflectance (the angle of incidence equals the angle of reflection)is
applied to the proposed solar array,it is possible that reflected light could be visible at distant
residences to the southeast when the sun is low in the west horizon (near sunset).However,it is
possible that the ridge to the west (which is at approximately 850 feet or more)would block the sun,
before reflected light (at its angle of reflectioli)would reach these homes,which are at or below 800
feet in elevation).Similarly,reflected light could reach areas to the west when the sun is low in the
east horizon (at sunrise).Potentially affected receptors would be users of the public trail and
backyard facilities of a home to the west.
If any reflected light from the solar array reached a receptor,it would be noticeable given the size of
the solar array (approximately 1,600 square feet (s.f.)of solar panel area).However,this reflected
light would affect any given location for only a brief period during the day due to the earth's
rotation and only during certain times of the year due to seasonal fluctuations in the sun's position.
In addition,weather conditions (e.g.,cloud cover)could further r~dllce potential reflection effects on
any given receptor.
Given the wide range of potential reflection effects due to variations in the sun's position·relative to
the solar array,there remains some potential,albeit low,that some receptors could be affected by
reflected light from the array.This potential effect would be reduced to a less-than-significant level
by applicant's proposal to modify the position of the solar panels,if any nearby uses are adversely
affected by reflected light.The panels have two positions,winter and summer (to maximize
absorption of sunlight)and the applicant proposes to move the panels to the alternate position (winter
or summer)if reflection becomes a problem for any neighbors.To ensure that light reflection does '"
not adversely affect any adjacent uses,the following measure will be required to reduce this potential
impact to a less-than-significant level:
1.If complaints about light reflection from the solar array are received from any affected neighbors
(as verified by Town staff),the project applicant will be required to alter the angles of the solar
panels as necessary to minimize this effect.
II.Agriculture Resources -Would the project:
a)Convert Prime Farmland,Unique Farmland,or Farmland
of Statewide Importance (Farmland),as shown on the XmapspreparedpursuanttotheFarmlandMappingand
Monitoring Program of the California Resources
Agency,to non-agricultural use?
b)Conflict with existing zoning for agricultural use,or a X
Williamson Act contract?
c)Involve other changes in the existing environment wh:ch,v.t>.
due to their location or nature,could result in conversion
of Farmland,to non-agricultural use?
The project site is currently developed with a residence and the site's agricultural potential is limited
by existing development and the site's steeply sloping topography.In addition,the site is underlain
October,2003 6
,
I _
Initial Study -15220 Kennedy Road
Issues (and Supporting Infonnation Sources)
Potentially
Significant
Impact
Potentially
Significant
Impact Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
c)Have a substantial adverse effect on federally protected X
wetlands as defined by Section 404 of the Clean Water
Act (including,but not limited to,marsh,vernal pool,
coastal,etc.)through direct removal,filling,hydrological
interruption,or 9ther means?
d)Interfere substantially with the movement of any native X
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors,or impede the use of native wildlife nursery
sites?
e)Conflict with any local policies or ordinances protecting X
biologiCal resources,such as a tree preservation policy or
ordinance?
f)Conflict with the provisions of an adopted Habitat X
Conservation Plan,Natural Community Conservation
Plan,or other approved local,regional,or state habitat .
conservation plan?
The site is underlain with serpentine rock.Since it is an uncommon substrate,the Calflora database 2
was consulted to determine the potential for encountering any sensitive,rare,or endangered species
that couid occur on this unique rock type.The Cal flora database identified fourrare or threatened
species for Santa Clara County:Androsace elongata ssp..Acuta,Calandrinia brewed,Carpenteria
cali/arnica.and Quercus dumosa.None.of these herbs orshrubs was identified as'being associated
with serpentine or rocky substrate.Therefore,the potential for encountering these species on this site
would be low.
In addition,the project would not significantly reduce potential habitat for any of these species given
the small area of disturbance (approximately 5 sJ.per pole mount ot 50 s.f.for :111 ten pole mounts).
Since there would be a four-foot separation between the solar panels,the 2,700 sJ.area would have
available light to support plant growth,interspersed with large,shaded areas beneath the ten solar
panels.
Both the solar array site,area to be landscaped,and vegetable garden area have been cleared of
vegetation and there are no existing trees.No ordinance trees would be removed as part of project
construction.The project applicant proposes to landscape planting berms with trees and shrubs,while
the area over the existing leachfields would be planted with grass.Town staff has reviewed the
proposed plant list and determined it conforms with the Town's Landscaping Policy.
V.Cultural Resources·Would the project:
a)Cause a substantial adverse change in the significance of X
a historical resource as defined in 15064.57
b)Cause a substantial adverse change in the significance of X
an archaeological resource pursuant to 15064.5?
October,2003 8
••
Initial Study -15220 Kennedy Road
Issues (and Supporting Information Sourc~)
Potentially
Significant
Impact '
Potentially
Significant
Impact Unless
Mitigation
Incorporated
Less Than
Sig!'::icant
Impact
No
Impact
northeast comer of the property,while approximately 100 cubic yards of topsoil would be imported
to the site.An additional 6.5 cubic yards of excavated material would be generated from installation
of the solar array,and this material would be buried under planting berms.
A review of the Town's hazards maps3 indicates that the project site has a high erosion potential,
moderate shrink-swell potential,moderate to high slope stability hazard (due to slope steepness),high
potential for fault rupture,low potential for seismic shaking,and low to moderate lique ::action
potential.The Town's Fault Map indicates that a fault trace traverses the project site.4 Since the
project would not involve construction of any structures,identified potential seismic hazards would
not pose risks to people or structures.
As a standard project condition,the Town will require preparation of a soils report as part of the
grading permit process;this report will specify criteria and standards governing site grading,
drainage,pavement design,retaining wall design,and erosion control.This report will address any·
soil constraints and implementation of p>'commendations will mitigate potential geologic impacts to a
less-than-significant level.Potential erosion hazards are discussed below under Section VIII,
Hydrology and Water Quality.
VII.Hazards and Hazardous Materials·Would the
project:
a)Create a significant hazard to the public or the X
environment through the routine transport,use,or
disposal of hazardous materials?
b)Create a significant hazard to the public or the X
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c)Emit hazardous emissions or handle hazardous or X
acutely hazardous materials,substances,or waste within
one-quarter mile of an existing or proposed school?
d)Be located on a site which is included on a list of X
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and,as a result,
would it create a significant hazard to the public or the
environment?
e)For a project located within an airport land use plan or,X
where such a plan has not been adopted,within two miles
of a public airport or public use airport,would the
project result in a safety hazard for people residing or
working in the project area?
f)For a:project within the vicinity of a private airstrip,X
would the project result in a safety hazard for people
residing or working in the project area?
g)Impair implementation of or physically interfere with an X
adopted emergency response plan or emergency
evacuation plan?
October,2003 10
••
Initial Study -15220 Kenne:::.;Road
Issues (and Supporting Information Sources)
Potentially
Significant
Impact
Potentially
Significant
Impact Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
c)Substantially alter the existing drainage pattern of the X
site or area,including through the alteration of the
course of a stream or river,in a manner which would
result in substantial erosion or siltation on-or off-site?
d)Substantially alter the existing drainage pattern of the X
site or area,including thro'ugh the alteration of the
course of a stream or river,orsubstantially increase the
rate or amount of surface runoff in a manner,which
would result in flooding on-or off-site?
e)Create or contribute runoff water which would exceed X
the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
f)Otherwise SUbstantially degrade water quality?X
g)Place housing within a lOO-year flood hazard area as X
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
h)Place within a lOO-year flood hazard area structures,X
which would impede or redirect flood flows?
i)Expose people or structures to a significant risk of loss,X
injury or death involving flooding,including flooding as
a result of the failure of a levee or dam?
j)Inundation by seiche,tsunami,or mudflow?X
The northern half of project parcel consists of an upper terrace,whil~the southern half is a steep,
south-facing slope.The northern half of the sit.already has been graded to accommodate the
existing home,driveway,pool,patio,backyard,and leachfields.Proposed landscaping of the
northeastern portion of the site would not involve any significant changes.in grades or drainage.
Since existing leachfields must remain undisturbed,proposed landscaping would involve surface
grading to create planting berms along the perimeter of the leachfields.According to the project
applicant,the slope between the existing leachfield area and proposed vegetable garden would remain
approximately in its current condition.The entire leachfield area,planting berms,and slope between
the leachfield and vegetation garden would be covered with imported topsoil and then landscaped.
Until landscaping is established,proposed planting berms could be subject to erosion.According to
the applicant,topsoil would be placed in raised beds in the vegetable garden area.
The area where the solar array is proposed has already been cleared of annual grasses.Proposed
drilling of ten pole mounts,installation of the solar array in this ±2,700 s.f.area,and excavation of
the main DC conduit would increase the potential for erosion in this area.After installation of solar
panels.surface runoff generated on the solar panels would collect at the lower edges of the panels and
drain directly onto the steep slopes below each panel.Due to the steep terrain,such changes in
surface drainage could increase erosion hazards.Remaining portions of the steeply sloping southern
half of the site would not be disturbed and no vegetation removal would occur.To minimize erosion
October,2003 12
Initial Study -15220 Kennedy Road
Issues (and Supporting lnfonnation Sources)
Potentially
Significant
Impact
Potentially
Significant
Impact Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
b)Exposure of persons to or generation of excessive X
groundborne vibration or groundborne noise levels?
c)A substantial permanent increase in ambient noise levels X
in the project vicinity above levels existing without the
project?
d)A substantial temporary or periodic increase in ambient X
noise levels in the project vicinity above levels existing
.without the project?
e)For a project located within an airport land use ~'lan or,X
where such a plan has not been adopted,within two miles
of a public airport or public use airport,would the
project expose people residing or working in the project
area to excessive noise levels?
f)For a project within the vicinity of a private airstrip,X
would the project expose people residing or working in
the project area to excessive noise levels?
The Town Noise Ordinance (Chapter 16)restricts construction activities to the hours of 8:00 a.m.to
8:00 p.m.on weekdays and 9:00 a.m.to 7:00 p.m.on weekends and holidays.This ordinance also
limits noise generation to 85 dBA at the property line or 85 dBA at 25 feet Project construction
would result in temporary short-term noise increases due to the operation of heavy equipment.
Construction noise sources range from about 82 to 90 dBA at 25 feet for most types of construction
equipment,and slightly higher levels of about 94 to 97 dBA at 25 feet for certain types of
earthmoving and impact equipment.If noise controls are installed on construction equipment,the
noise levels could be reduced to 80 to 85 dBA at 25 feet,depending on the type of equipment.With
controls,construction noise levels could be made to comply with the Town Noise Ordinance.
Re3idential uses are generally considered to be noise-sensitive uses or sensitive receptors.The closest
neighbor is an existing residence located contiguous to the eastern property boundary.This
residence is located a minimum of approximately 75 feet from proposed landscaping improvements
and 200 feet from the proposed solar array.Other residences to the north and south would be
located farther from proposed construction.At 75 feet,the Ordinance noise limit (85 dBA at 25 feet)
would result in maximum noise levels of 75 dBA at this residence,when construction equipment is
operated adjacent to this residence.Temporary disturbance (e.g.,speech interference)can occur if
the noise level in the interior of a building exceeds 45 to 60 dBA.5 To maintain such interior noise
levels,exterior noise levels at the closest residences (with windows closed)should not exceed 70 to 80
dBA and this exterior noise level is used as a significance threshold or criterion.Therefore,
construction noise increases would be less than significant.It should be noted that proposed grading
activities would only occur for a short period,and most heavy equipment operations would occur at
greater distances for most of the time.Due to the short-term nature of proposed grading activities,
enforcement of time restrictions and noise level standards contained in the Town Noise Ordinance
would maintain construction-related noise impacts at a less-than-significant level.
October.2003 14
Initial Study -15220 Kennedy Road
Issues (and Supporting Infonnation Sources)
Potentially
Significant
Impact
Potentially
Significant
Impact Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
XV.Transportation and Traffic·Would the project:
a)Cause an increase in traffic,which is substantial in X
relation to the existing traffic load and capacity of the
street system (Le.,result in a substantial increase in either
the number of vehicle trips,the volume to capacity ratio
on roads,or congestion at intersections)?
b)Exceed,either individually or cumulatively,a level of X
service standard established by the county congestion
management agency for designated roads or highways?
c)Result in a change in air traffic patterns,including either X
an increase in traffic levels or a change in location that \
results in substantial safety risks?
d)Substantially increase hazards due to a design feature X
(e.g.,sharp curves or dangerous intersections)or
incompatible uses (e.g.,farm equipment)?
e)Result in inadequate emergency access?X
f)Result in inadequate parking capacity?X
g)Conflict with adopted policies,plans,or programs X
supporting.alternative transportation (e.g.,bus'turnouts,
bicycle racks)-?-
The Town's Traffic Impact'Policy (Resolution 1991-174)specifies that a project with a traffic impact
of 19 or less additional AM or PM peak hour trips could be approved without a comprehensive
traffic report if it is determined that the benefits of the project to the Town would outweigh the
impact of increased traffic.The proposed solar array and landscaping improvements would not
directly result in any traffic increases.Therefore,rio long-term traffic impacts would result from the
proposed project.
Construction-related traffic would consist of equipment and material deliveries as well as construction
workers.Construction-related traffic inCreases would be greatest when topsoil lilOO cubic yards)is
delivered to the site,resulting in a temporary increase of approximately 10 trucks.Such a small,
temporary traffic increase at the site and along Kennedy Road would not be significant from a traffic
safety standpoint.The existing paved driveways on-site appear to be adequate to accommodate truck
deliveries and construction worker parking needs.
XVI.Utilities and Service Systems -Would the project:
:1)Exceed wastewater treatment requirements of the X
applicable Regional Water Quality Control Board?
b)Require or result in the construction of new water or X
wastewater treatment facilities or expansion of existing
facilities,the construction of which could cause
significant environmental effects?
October,2003 16
·~.
Initial Study -15220 Kennedy Road
LIST OF SUPPORTING INFORMATION SOURCES
(Indicated as endnotes under specific issues of Initial Study)
I U.S.Geological Survey topographic maps for Los Gatos/San Jose [web application],1998.
TerraServer USA.Available:http://terraserver-usa.com/.[Accessed:October 9,2003].
2 Information on California plants for education,research and conservation [web application],2000.
Berkeley,California:The CalFlora Database [a non-profit organization]..Available:
http://www,calflora.org/.[Accessed:October 10,2000].
j Nolan Associates,1999.Draft Erosion Potential Map,Shrink-Swell Potential of Soils,Slope
Stability Hazard Map,Debris Flow Hazard Map,Liquefaction Hazard Zones Map,Seismic
Shaking Hazards Map,Geologic Map,Fault Rupture Hazard Zones Map for the Town of Los
Gatos General Plan Update.January 17.
4 Nolan Associates,1999.Draft Fault,Lineament &Coseismic Deformation Map for the Town of Los
Gatos General Plan Update.January 17.
S In indoor noise environments,the highest noise level that permits relaxed conversation with 100%
intelligibility throughout the room is 45 dBA.Speech interference is considered to become
intolerable when normal conversation is precluded at 3 feet,which occurs when background noise
levels exceed 60 dBA (U.S.Environmental Protection Agency,Information on Levels of
Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of
Safety (Condensed Version,19'14).
,October,2003 18
••
N erIC E
Town of Los Gatos
Environmental Impact Review
Recommended Negative Declaration
.Lead Agency:
Project Title and
Location:
Town of Los Gatos
Community Development Department
110 East Main Street
Los Gatos,CA 95031
Proposed Photovoltaic Array and Landscaping Improvements
15220 Kennedy Road .
Architecture ar,d Site Application S-04-07
Project Description:The project applicant is requesting Architecture and Site approval for
landscaping improvements and installation of a photovoltaic array (solar array or solar power system)
on a 2.53-acre property located em the south side of Kennedy Road,just east of Top of the Hill Ro:td.
The photovoltaic array would cover a 2,700 square-foot area and would be located on aslop~located
below and south of the existing home.According to the proposed plan,the array would be located
on slopes of approximately 37.5 percent.
The photovoltaic array would consist of ten solar panels and the panels would be spaced four feet
apart and placed in three rows.The first two rows would consist of eight 185-watt modules,with fOUf
modules per row.Each module would be approximately 10.3 feet wide by 16.3 feet long,with a
maximum height of four feet above the ground surface.There would be two smaller modules (10.3
feet by 10.7 feet)in the third and lowest row.Each panel would be moun d on a single pole.The~e
mounts would be rated to withstand winds of up to 100 miles per hour (mph)and would have two
positions,one maximizing solar exposure during the summer and one maximizing solar exposure
during the winter.
From the array,a rr.ain DC conduit would extend northward (up the slope)along (he western
property boundary and the west side of the house.The conduit would connect the array with the
power room,which is proposed to be located inside the existing home,in the northwest corner of the
home.
In addition to the array,the project applicant proposes to landscape the area where the home's
existing leachfields are located.The home has two leachfields.which are located in the northeast
corner of the property,on the upper,Glore level portion of the parcel,east of the home.They extend
from the existing driveway to within approximately 12 feet of the eastern property boundary.
Proposed landscaping would involve placement of fill over the leachfield,construction of planting
berms along the western,northern,and eastern perimeters of the leachfields,and planting of native
shrubs and plants on berms and grass over the leachfields.There is approximately 100 to 150 cubic
yards of fill that are stockpiled along the eastern property boundary (previously imported),and this
fill would be used to construct proposed planting berms.An additional 6.5 cubic yards would be
generated from installation of the solar array (excavation for pole mounts),and this fill would be
buried under planting berms.Approximately 100 cubic yards of topsoil would be imported to
prepare the leachfield area and berms for landscaping.
The existing downslope on the south side of the leachfield is also proposed to be planted.Just south
of (below)the leachfields and proposed planted slope is a level area.This area is proposed to be
developed with raised planter beds for a vegetable garden.
lOber,2001 Exhibit E
Negative Declaration -15220 Kennedy Road
east horizon (at sunrise).Potentially affected receptors would be users of the public trail and
backyard facilities of a home to the west.
If any reflected light from the solar array reached a receptor,it would be noticeable given the size of
the solar array (approximately 1,600 square feet (sJ.)of solar panel area).However,this reflected
light would affect any given location for only a brief period during the day due to the earth's
rotation and only during certain times of the year due to seasonal fluctuations in the sun's position.
In addition,weather conditions (e.g.,cloud cover)could further reduce potential reflection effects 0 n
any given rece?tor.
Given the wide range of potential reflection effects due to variations in the sun's position relative to
the solar array,there remains some potential,albeit low,that some receptors could be affected by
reflected light from the array.This potential effect would be reduced to a less-than-significant level
by applicant's proposal to modify the position of the solar panels,if any nearby uses are adversely
affected by reflected light.The panels have two positions,winter and summer (to ma.':imize
absorption of sunlight)and the applicant proposes to move the panels to the alternate position (winter
or summer)if reflection becomes a problem for any neighbors.To ensUre that light reflection does
not adversely affect any adjacent uses,the following measure will be required to reduce this potential
impact to a less-than-significant level:
Mitigation:If complainL about light reflection from the solar array are received from any affected
neighbors (as verified by Town staff),the project applicant will be required to alter the angles of
the solar panels as necessary to minimize this effect..
Mitigation Monitoring:The Community Development Department will be responsible for evaluating
the validity of any neighbor complaints about reflection.
2.Agriculture Resources:The project site is currently developed with a residence and the site's
agricultural potential is limited by existing development and the site's steeply sloping topography.rn
addition,the site is underlain by serpentine rock deposits,significantly diminishing its agricultural
potential.Therefore,the project would not adversely affect any existing agricultural resources at the
site.Since the site is not in agricultural use,the project would not adversely affect any existing
agricul tural operations.
3.Air Quality:Proposed grading activities associated with landscaping and installation of the solar
array would generate short-term emissions of criteria pollutants,including suspended and inhalable
particulate matter and equipment exhaust emissions.The BAAQMD does not require quantification
of construction emissions,but considers any project's construction-related impacts to be less than
significant if required dust-control measures are implemented.The Town's standard construction
notes that are included with all projects require the contractor to "meet or exceed the requirements of
the appropriate air quality management agencies ..."Therefore,standard Town requirements would
require implementation of the BAAQMD's standard dust control measures (which are reqLired on
sites of three acres or less),which would mitigate the project's construction-related air quality impacts
to a less-than-significant level.
4.Biological Resources:The site is underlain with serpentine rook.Since it is an uncommon
substrate,the CaIfIora database was consulted to determine the potential for encountering any sensitive,
rare,or endangered species that could occur on this unique rock type.The Calflora database
identified four rare or threatened species for Santa Clara County:Androsace elongata ssp.Acuta,
Calandrinia breweri,Carpenteria californica,and Quercus dumosa.None of these herbs or shrubs
was identified as being associated with serpentine or rocky substrate.Therefore,the potential for
encountering these species on this site would be low.
October,2003 3
i •
Negative Declaration -15220 Kennedy Road
potential health risks associated with exposure to excavated serpentine rock,the following measures
will be reg uired:
Mitigation:A continuous water misting operation using a spray nozzle adjusted to provide as fine a
mist as possible will be applied in the immediate serpentine excavation·and drilling operation
areas.
Mitigation:These materials should be buried under planting berms as soon as possible and at depths
to ensure no surface exposure.Any stockpiled soils containing serpentine will be kept wet and
covered with a lO-mil polyethylene plastic layer until they are buried and covered under
planting berms.
Mitigation Monitoring:The Engineering Division of the Parks &:t>ublic Works Department will be
responsible for ensuring proper handling ~nd placement of serpentine materials as part of the
grading permit plan check and inspection proceos5.
According to the Los Gatos General Plan,the project site is located in a fire hazard area.There is one
General Plan policy relevant to this project that addresses fire hazards:
S.P.2.3:Design and site new development located in or adjacem to fire hazard areas to mlntmlze
hazards to life and property,such as fire preventive site design,access,landscaping and
building materials,and use offire suppression techniques.
The proposed project would add landscaping over the eastern portion of the site and reduce hillside
fuel loads on the slope where the solar array is proposed to be located,thereby incrementally
reducing fire hazards on the project parcel.
8.Hydrology and Water Quality:The northern half of project parcel consists of an upper terrace,
while the southern half is a steep,south-facing slope.The northern half of the site already has been
graded to accommodate the existing home,driveway,pool,patio,backyard,and leachfields.
Proposed landscaping of the .northeastern portion of the site would not involve any significant
changes in grades or drainage.Since existing leachfields must remain undisturbed,proposed
landscaping would involve surface grading to create planting berms along the perimeter of the
leachfields.According to the project applicant,the slope between the existing leachfield area and
proposed vegetable garden would remain approximately in its current condition.The entire
leachfield area,planting berms,and slope between the leachfield and vegetation garden would be
covered with imported topsoil and then landscaped.Until landscaping is established,proposed
planting berms could be subjec;t to erosion.According to the applicant,topsoil would be placed in
raised beds in the vegetable garden area.
The area Where the solar array is proposed has already been cleared of annual grasses.Pr'1posed
drilling of ten pole mounts,installation of the solar array in this ±2,700 sJ.area,and excavation of
the main DC conduit would increase the potential for erosion in this area.After installation of solar
panels,surface runoff generated on the solar panels would collect at the lower edges of the panels and
drain directly onto the steep slopes below each panel.Due to the steep terrain,such changes in
surface drainage.could.increase erosion hazards.Remaining portions of the steeply sloping southern
half of the site would not be disturbed and no vegetation removal would occur.To minimize erosion
hazards both in the solar array area and the .leachfield area,the Town will require preparation and
implementation of an erosion control plan.The erosion control plan will make appropriate
recommendations to address potential erosion hazards during and after construction (including
interim measures).Implementation of such measures will mitigate potential erosion hazards to a less-
than-significant level.The erosion control plan shall include the following:
October,2003 5
"
Negative Declaration -15220 Kennedy Road
14.Recreation:The project would not increase local population or demand for recreational services.
15.Transportation and Traffic:.The Town's Traffic Impact Policy (Resolution 1991-174)specifies
that a project with a traffic impact of 19 or less additional AM or PM peak hour trips could be
approved without a comprehensive traffic report if it is determined that the benefits of the project to
the Town would outweigh the impact of increased traffic.The proposed solar array and landscaping
improvements would not directly result in any traffic increases.Therefore,no long-term traffic
impacts would result from the proposed project.
Construction-related traffic would consist of equipment and material deliveries as well as construction
workers.Construction-related traffic increases would be greatest when topsoil (±100 cubic yards)is
delivered to the site,resulting in a temporary increase of approximately 10 trucks.Such a small,
temporary traffic increase at the site and along Kennedy Road would not be significant from a traffic
safety standpoint.The existing paved driveways on-site appear to be adequate to accommodate truck
deliveries and construction worker parking needs.
16.Utilities and Service Systems:Since the project would connect to the region's power grid,a
beneficial effect of the project would be that it would contribute any excess electricity to the region's
power supplies.Utilities currently extend to the existing residence and .the project would reduce
demand for electricity at this residence.Therefore,no major off-site utility improvements are
expected to be required.The project would involve extension of water lines in the area proposed to
be landscaped and a main DC conduit would be extended from the solar array to the power room that
is proposed in the northwest corner of the house.Erosion hazards associated with excavation of these
utility extensions are discussed above under Section VIII,Hydrology and Water Quality.
Copies of the Initial Study used to make the above recommendation are on file and available for
public inspection during regular business hours at the Town Community Development Department,
110 East Main Street,Los Gatos,California.
Date
October,2003
Bud N.Lortz,Director of Community Development
7
MITIGATION MONITORING PLAN
i}ROJECT:15220 Kennedy Road S-01-98,Negative Declaration ND-04-3
MONITORING
IMPACT MITIGATION ACTION RESPONSIBILITY TIMING
If complaints about light reflection fTom the solar array are
Aesthetics received from any affected neighbors (as verified by Town Condition of Director of Community On-goingStaff),the project applicant will be required to alter the angles Approval Development
of the solar panels as necessary to minimize this effect.
Hazards and A continuous water misting operation using a spray nozzle
Hazardous adjusted to provide as fine a mist as possible will be applied in Condition of Director of Community During excavation
Materials the inunediate serpentine excavation and drilling operation Approval Development process.
areas.
The excavated material should be buried under planting berms
Hazards and as soon as possible and at depths to ensure no surface exposure.Condition of Director of Community Prior to FinalHazardousAnystockpiledsoilscontainingserpentinewillbekeptwetandApprovalDevelopmentInspectionMaterialscoveredwitha10-mil polyethylene plastic layer until the are
buried and covered under planting bemls.
Hazards and The Engineeling Division of the PU1:,S and Public Works
Hazardous Depm1ment will be rL:sponsible for ensuring proper handling Condition of Director ofPmks and p,-jor to Issuance
Materials and placement of serpentine mat('l-j'l1c;as part ofthe grading Approval Public Works of Grading Pta mit
pemiit plan check and inspection proce::.s.
Energy dissipaters shall be installed beluw each solar panel to
Hydrology and minimi,:c erosion hazards associated with changes in surface Condition of ~1O ,-('for of Parks and Prior to Final
Water Quality drainage.Lnergy dissipaters can be similar in d,esign to those f\.pprovaL Public Works InspectionalreadyconstructedatthetopoftheslopejLIstaho\'c:solar array
:lrea and below the landscaped puvi area.
..
L.r.7.B North of Los Gatos-Almaden Road:Encourage new or relocating auto-
related businesses to relocate to available property north of Los Gatos-
Almaden Road.
Time Frame:
Responsible Party:
On-going
Town Manager,Planning and Chamber of
Commerce
L.I.7.9 Seven Mile Reservoir:Explore use of "air space"over Seven Mile
Reservoir for landscaped passive open space.
Time Frame:
Responsible Party:
2000 -2005
Planning,Parks and Public Works
L.I.7.10 South of Los Gatos-Almaden Road:Encourage replacement of vacated
business south of Los Gatos-Almaden Road with neighborhood
commercial,multi-family,or office uses.
ISSUE:8
Time Frame:
Responsible Party:
On-going
Planning
...'1.----..cro---'
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Los Gatos is outstanding in its respect for the natural environment.The Santa Cruz
Mountains are a major natural feature and form the backdrop for Los Gatos. Maintaining
the tree cover,the creeks,streams and riparian corridors,and accommodating wildlife is
a major part of the community's identity.
Policies:
L.P.8.1 Preserve the Town's distinctive and unique environment by preserving
and maintaining the natural topography,wildlife and vegetation and by
mitigating and reversing the harmful effects of traffic congestion,
pollution and environmental degradation on our urban landscape.
L.P.8.2 Limit hillside development to that specified in the Hillside Specific Plan.
Minimize development and enhance the rural atmosphere and natural
.plant and wildlife habitats in the hillside.
L.P.8.3 Preserve and protect the natural states of the Santa Cruz Mountains
and surrounding hillsides by,among other things,discouraging
development on and near the hlllsides as well as development that
blocks the views of the hillsides.
Los Gatos
General Plan
L.P.8.4
L.P.8.5
July,2000
Emphasize preserving the natural land forms by minimizing grading.
Grading should be limited only to the area needed to place the main
house on the property.
Allow development only if it is environmentally suitable to such use.
Attachment 7
Page L-21
L.P .8.6 Preserve existing creeks and riparian habitat in as natural state as
possible.
L.P.8.7 When a development project is adjacent to a creek,the approval shall
include a condition that the creek be dedicated to the Town in fee with
a maintenance easement granted to the Santa Clara Valley Water
District.
L.P .8.8 Existing specimen trees shall be preserved and protected as a part of
any development proposal.
L.P .8.9 Encourage innovative and efficient management of natural resources.
L.P .8.10 Limit hillside development to that which can be safely accommodated
by our rural two lane roads.
L.P.8.11 Encourage the use of scenic easements to preserve viewsheds.
L.P .8.12 Work with Santa Clara County to ensure that projects developed in the
County meet Town policies and standards,do not induce further
development,and do not unduly burden the Town .
.•.;......_....._.~Ii•..
Implementing Strategies:
L.1.8.1 Grading Permits:Require Architecture and Site approval for grading
permits.
Time Frame:
Responsible Party:
On-going
Planning and Engineering
L.I.8.2 Grading Permits:Require grading permits to insure that the grading 07
slopes and sites proposed for development wilt be minimized.
Time Frame:
Responsible Party:
On-going
Planning and Engin~ering
L.I.8.3 Story Poles:Require the erection of story poles prior to the approval of
new development.
Los Gatos
General Plan July,2000
Time Frame:
Responsible Party:
On-going
Planning
Page L-22
".--
L.I.8.4 Limit Impervious Surfaces:Revise Town codes to limit the impervious
surfaces in most zones.Alternative materials and designs shall be
encouraged for driveways,parking areas and parking lots in all zones
except the C-2 zone.Examples include but are not limited to:"ribbon
strip"driveways (pavement in tire areas,grass or gravel in the middle).
pervious paving material,gravel surface for overflow parking lots.
Design parking lots to drain into landscaped areas.
Time Frame:
Responsible Party:
2000 -2005
Planning and Engineering
Time Frame:
Responsible Party:
L.I.8.5
L.L8.6
L.L8.?
L.L8.8
L.I.8.9
L.I.8.10
Limit Size of Hillside Houses:Amend the Town Code to limit the size
of houses in the hillside area.
2000-2001
Planning and Architectural Standards
Hillsides Committee
Hillside Development Standards:The Town shall continue to work with
the County in updating hillside development standards,and annexations
shall be encouraged within the Urban Service Boundary.
Time Frame:On-going
Responsible Party:Planning
Landscape Design Standards:Prepare landscape design standards
that are environmentally conscious,maximize the use of native and
drought-tolerant species,and encourage well planned planting
schemes,that include appropriate sized plant material in sufficient
density to add to the thoughtfulness and beauty of the Town.
Time Frame:.On-going
Responsible Party:Parks
Open Space:Maximize preservation of open space and scenic vistas
by requiring dedications in fee (preferred)or easements and by
restricting buildable areas on lots.Where buildable areas are restricted
through clustering,planned developments,or other means,these
means shall not allow higher overall density on the parcel than would
otherwise be allowed by the zoning.Dedications sho\.lld be made jointly
to Town and Mid-Peninsula Regional Open Space District.
Time Frame:On-going
Responsible Party:Planning,Engineering and Parks
Open Space:Sponsor an existing agency or create a new agency to
encourage private property owners to dedicate open space easements
to the Town.
Time Frame:On-going
Responsible Party:Town Manager
Hillside Design Standard:Houses shall be designed to step down the
contours rather than be designed for flat pads.
Los Gatos
Time Frame:
Responsible Party:
On-going
Planning and Architectural Standards Committee
••
Los Gatos
General Plan
L.I.8.11
L.I.8.12
L.I.8.13
L.I.8.14
L.I.8i15
L.LS.16
July,2000
Ridge lines:Review all subdivisions and house plans to avoid having
structures project above the ridge lines when seen from the valley floor.
Avoid grading that would alter the natural ridge line.
Time Frame:On-going
Responsible Party:Planning and Deciding Body
Grading Moratorium:Prohibit grading in hillside areas between October
1 and April 15.Install interim erosion control measures shown on the
approved interim erosion control plan by October 1.
Time Frarne:On-going
ResponsiblePartv:Planning and Engineering
Salls andGeologic Reports:For projects with potential grading,erosion
and sediment control problems,soils and geologic reports will be
provided during the development review process.
Time Frame:On-going
Responsible Party:Planning,Building and Engineering
Geologic Reports:Require geologic reports to specify construction
methods to protect the proposed project as well as existing residences
in the vicinity from identified hazards.
Time Frame:On-going
Responsible Party:Applicant,Planning,Building and Engineering
Environmental Impact Reports:Staff should err on the side of requiring
an Environmental Impact Report to ensure adequate consideration of
environmental concerns associated with projects.
Time Frame:On-going
Responsible Party:Planning
Reverse and prevent harmful development impacts:The Town shall
design and im'plement programs and procedures to mitigate the effects
of past deVelopments,and to review and prevent or mitigate the impacts
of future development on community sustainability.
Time Frame:On-going
Responsible Party:Planning
Page L-24
•
-.
Implementing Strategies:.
0.1.3.1 -ps Overlay zone:Use the -ps •Public School Overlay Zone to keep
closed school sites in public ownership and to preserve the playing
fields as developed recreation space.
Time Frame:
Responsible Party:
On-going
Planning,Parks and Town Council
ISSUE 4:
The Town's Hillside areas are unique and add to the quality of life of Town residents and
visitors.Open space areas in the Hilfsides should be preserved.The viewsheds and
existing character of the hillsides should be maintained in open space planning.
:1
~~0.G.4.1 To provide for open space areas in the hillsides.The provision of ..1
these open space areas should not detract from the existing 1
character of the Town 's hillsides.:'!,1
Policies:
O.P .4.1 Preserve the natural open space character of prominent visible hillside
lands.
0.P.4,2 Protect the natural ridge lines as defined in the Hillside Specific Plan.
0.P.4.3 Preserve open space in hillside areas as natural open space.
O.P.4.4 Require the provision of permanent·open space in hillside
developments.
O.P .4.5 Preserve natural open space character of hillside lands,including
natural topography,natural vegetation,wildlife habitats and migration
corridors,and viewsheds.
Implementing Strategies:
0.1.4.1 Ridge lines:Preservation of ridge lines,trees and open space along
scenic roadways shall be considered in reviewing every proposed
development or circulation system improvement.
Time Frame:
Responsible Party:
On-going
Planning and Deciding Body
0.1.4.2 Open space dedications:In all hillside developments,require the
dedication of open space in fee or as an easement to protect unique
natural features,habitats and migration corridors,and to preserve the
rural atmosphere.
Los Gatos
General Plan July,2060
Time Frame:
Responsible Party:
On-going
Parks,Planning and Deciding Body
Page 0-6
C.P .6.2 Encourage recycling and reuse of building materials from remodeled
and demolished buildings.
C.P.6.3 Cooperate with nearby jurisdictions and regional jurisdictions to design
and implement coordinated recycling plans,
C.P ,6.4 Encourage reductions in use of nonrenewable resources in building.
construction,maintenance,and operations.
Implementing Strategies:
C.I'.6.1 Continue and expand programs through the local waste hauler for
recycling.
Time Frame:
Responsible Party:
On-going
Community Services
C.I.6.2 Consider implementing a reuse center for building materials from
remodeled and demolished buildings.
Time Frame:
Responsible Party:
2002 -2003
Community Servioes
C.I.6.3 Continue to work with other West Valley Cities through the West Valley
Cities Solid Waste Joint Power,s Agreement to design and implement
expanded recycling programs.
Time Frame:
Responsible Party:
On-going
Community Services
C.I.6.4 Continue to work with the Santa Clara County Solid Waste
Commission.
Time Frame:
Responsible.Party:
On-going
Community Services
C.I.6.5 Develop policies,incentives,and design:guidelines that encourage the
public and private purchase and use of durable and nondurable items,
including pUilding materials,made from recycled materials or renewable
resources.
ISSUE 7:
Time Frame:
Responsible Party:
2002 -2003
Community Services
Energy resources,while varied,are not limitless.The traditional energy resources used
(gas,electricity)are non-renewable,and·conservation of these resources for future
generations is imperative.
C.G.7.1
\
I;
To foster development that reduces the use of non-renewable f'
energy resources and expands the use of renewable resources and f.
alternative fuels.'
Los Gatos
General Plan July,2000 .Page C-10
Policies:
C.P.7.1 Encourage construction and use of technologies that maximize energy
conservation.
C.P.7.2 Encourage the use of energy conservation techniques and technology
in existing development.
C.P.7.3 Design structures to maximize natural heating and cooling (passive
solar heating and coaling.)
C.P.7.4 Utilize landscaping for passive cooling and protection fram prevailing
winds.
C.P.7.5 Protect existing development fram loss of salar access.
C.P.7.6 Continue to pursue energy-efficiency in Town operations.
C.P.7.7 Encourage use of renewable energy sources and alternative fuels.
C.P.7.8 Promote local employment opportunities to reduce consumption of fuel
used for commuting.
C.P.7.9 .Require higher levels of energy efficiency as house size increases.
Implementing Strategies:(Non-transportation programs)
C.I.7.1 Code Amendments:Amend the Town Code to establish regulations,in
addition to Title 24 requirements,that promote and require the
conservation of energy and the use of renewable energy sources as
follows:
A.Protect solar access to existing buildings and all installed solar
energy systems.
8.Develop specific design gUidelines for energy efficient
architectural designs,site plans and landscaping to be used
during plan review of all new developments.
C.Require the provision and protection of solar access in all new
development through the dedication of private solar access
covenants.
D.Require that all new developments be designed to take
advantage of passive solar heating and cooling opportunities as
specified by Section 66473.1 of the Subdivision Map Act.The
word "feasible"is as defined in Sec.66473.1.
E.Require the use of solar water heaters on all new residential
buildings where solar access is available and natural gas in not
available.Require pre-plumbing for solar water heaters on all
other new residential construction where solar access is
available.
F.Require solar energy as the primary means of heating new
swimming pools,where solar access is available.
G.Identify any current Town regulation that may limit feasible
energy conservation or solar energy applications and consider
modification.
Los Gatos
General Plan July,2000
Time Frame:
Responsible Party:
2001 -2003 and On-going
Planning and Building
Page C-11
"
C.I.7.2 Energy Rating System:The Town,in conjunction with the local board
of realtors and local developers and architects,shall participate in the
development and implementation of an energy efficiency rating system
for existing and new residential structures to assist home buyers in
selecting energy efficient homes.
Time Frame:
Responsible Party:
2000 -2005
Building
C.I.7.3 Weatherization:The Town shall continue to promote the rapid
weatherization of all homes through publicizing available utility energy
audit and financing programs and investigate possible contracting with
PG &E to identify participants.
Time Frame:
Responsible Party:
On-going
Building and Community Services
C.I.7A Sustainable Los Gatos Information Center:Establish and maintain a
«sustainability information center"at the Town Hall to inform the public
and distribute available brochures.
Time Frame:
Responsible Party:
2000 -2005 and On-going
Building
C.I.7.5 Energy Conservation Programs:The Town shall continue to adopt the
following energy saving steps for Town facilities and operations:
A.Conduct,with assistance from PG&E,a thorough energy audit of
all Town facilities to identify cost-effective opportunities for
conservation and use of solar energy systems.
B.Designate a high-level staff person as the Town Energy Manager
who is responsible for coordinating and meeting in-house energy
conservation goals.
C.Establish realistic yearly goals for reductions in Town energy
costs and keep Town personnel aware of program status.
D.Establish a fuel conservation program for Town vehicle fleet and
require Gas Cap driver training for all employees who use fleet
vehicles.
Time Frame:On-going
Responsible Party:Public Works
Los Gatos
General Plan July,2000 Page C-12
To create this photo I took two 45 foot long X 1 foot wide black plastic ~heets and laid them on the hillside along the east and west edges
of the photo voltaic array location.I then walked the open space trail and photographed my property at the first three locations where the
plastic could be seen.At each point I took multiple photos to create the panoramas.
This is the panorama from the first location.The photo voltaic array will consists of posts and frames supporting photo voltaic panels.
The panels that are only a few inches thick will be about four feet off the ground and for the most part parallel to the ground.In the
,/
c picture you can see the foot wide black plastic on the near and far sides of the array area.The Mines road Land Fill is clearly visible in
the picture
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To create this photo I took two 45 foot long X 1 foot wide black plastic sheets and laid them on the hillside along the east and west edges
of the photo voltaic array location.I then walked the open space trail and photographed my property at the first three locations where the
plastic could be seen.At each point I took multiple photos to create the panoramas.
\
This is the panorama from the second location.This view was taken a short distance up the train from the first and is therefore very
similar to the first.But it doe~start the other housing in the area.When you first start out on the open space trail my property is visible
"almost continuously either right-in front of you or behind you.Once you get beyond this section my property is visible only infrequently
;,'J1f
ro create this photo I took two 45 foot long X 1 foot wide black plastic sheets and laid them on the hillside along the east and west edges
>f the photo voltaic array location.I then walked the open space trail and photographed my property at the first three locations where the
>Iastic could be seen.At each point I took multiple photos to create the panoramas.
rhis is the panorama from the third location.I was barely able t6 make out the plastic sheets,so I enhanced them with pen.The area is
lot rectangular due to the topology of the area.In this photo you can see not only the house and photo voltaic array but also,to the right
>fthe house,the leach field ar~a to be landscaped.In back of my house is my swimming pool and around it a lawn,in this picture you
;an barely make it out,the grass area in the east side yard would look like a small patch of green that could hardly be seen in first two
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A PROJECT·FOR:
'..Jim Deichstetter.
15220 Kennedy ·Rd.
Los Gatos,CA,
95032
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WIRIN ..G DIAGRAM'·DESIGNED B'y:GLEN MIN 'fARO
MINYARD SOLAR ELECTRiC
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P:O.BOX 177
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Landscaping My East Side Yard.
The above picture is the current condition of my east side yard taken from the balcony off my master bedroom.The area was originally covered in wester·~~ni',t~2s!iZ~~~~i-:I,':~~~?~.
European grasses and noxious weeds and presented a fire hazard.When the leach fields for the septic system were installed I started whacking and
spraying the weeds.It is now time to landscape this area to create a more aesthetically pleasing environment.Because the field contains my leach filed I
contacted Armon Louie at county public health and asked what could be planted over the leach field.After a discussion we agreed that what is required are
plants that are shallow rooted and don't require a lot of watering (like grasses).Other plants should be kept further away from the leach fields depending on
the depth of there root systems.By putting plants on berms I am able to increase the distance between plants and leach lines,and thus use plants I
wouldn't otherwise be able to use.For the grass area J have chosen California Red Fescue because of its shallow roots and drought tolerance.
What needs to be done:The three white pipes sticking out of the ground in t~e foreground are three of the four inspection pipes on the west side of the
leach fields (the fourth pipe is off to the teft,the view of which is blocked by a tree }:-On the other side of the field are a similar set of four inspection pipes oft
the east side of the leach fields,they are behind the mounds of dirt in the back ground.The mounds of dirt need to be moved about four to eight feet east to
create planting berms just outside of the leach field.Berms also need to be created in the area currently occupied by my wood pile.On the North end of the
(:;h field,where the leach lines are eight feet down,the ground needs to be cut for the walking path and to make the berm more distinct.Finally at least
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four inches of topsoil needs to be added over the entire grass area.-
Note:The area on the right edge of the photo is the vegetable garden area,the slope between the east side yard and the vegetable garden will not change.I
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