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18 Staff Report - Terminus of Shady LaneDATE: TO: FROM: SUBJECT: :MEETING DATE:12/19/05 ITEM NO.,1$ COUNCIL AGENDA REPORT December 8,2005 MAYORANDTOWNCOUNC~ TOWN MANAGE,~q2ft~~~---- CONSIDER A REQUEST FOR APPROVAL OF A ZONE CHANGE FROM HR-2Yz TO HR-2Yz:PD TO SUBDNIDE 66.2 ACRES INTO 19 LOTS.THIS PROJECTMAYHAYEA SIGNIFICANT IMPACT ON THE ENVIRONMENT AND AN ENVIRONMENTAL IMPACT REPORT (EIR)HAS BEEN PREPARED.PROPERTY LOCATION:TERMINUS OF SHADY LANE. F~E#PD~04-3;EIR-04-1 PROPERTY OWNER:HIGHLANDS OF LOS GATOS LLC.APPLICANT:SANDY HARRIS. RECOMMENDATION: 1.Hold the public hearing and receive public testimony; 2.Close the public hearing; 3.Certify the EIR (motion required); 4.Adopt the Mitigation Monitoring Plan (motion required); 5.Make the required findings (Attachment 1)and approve subject to the conditions included in the Planned Development Ordinance (Attachment 2)(motion required); 6.Direct the Clerk Administrator to read the title of the ordinance (no motion required); 7.Move to waive the reading of the ordinance (motion required); 8.Ihtroduce the ordinance to effectuate Planned Development PD-04-3 (motion required). PROJECT SUMMARY The subject property is located at the easterly terminus of Shady Lane.Three parcels totaling 66.2 acres are proposed to be subdivided into 19 residential lots under a Planned Development (PD) application.Note that while the number of proposed lots has been reduced from 23 to 19,for consistency and ease of discussion,the lot numbers have not been changed (lots 3,4 and 6 no longer exist).The property would be rezoned from HR-2Y2 to HR-2 Yz:PD through approval of the PD Ordinance.An Environmental Impact Report (EIR)has been prepared for the project. PREPARED BY:~~z,Director of Community Development N:\DEV\SUZANNEICouncil\ReporlSlFwd.to TOShadyPDlShadyLane-PD.wpd Reviewed by:Q~Assistant Town Manager =iillZTown Attorney __Clerk Finance \/Community Development Revised:12/8/05 10:58 am Reformatted:5/30/02 PAGE 2 MAYORANDTOWNCOUNC~ SUBJECT:PROPOSED ZONE CHANGE TO SUBDIVIDE 66 ACRES INTO 19 LOTS AT THE TERMINUS OF SHADY LANE/PD-04-3;EIR-04-1. December 15,2005 The project site is undeveloped,although there is a system of existing graded roads throughout the property that were constructed by a previous property owner.A seasonal creek runs east-west along Shady Lane and into the project site alongside the entry road (Shady Lane extension).Runoff ultimately reaches the creek channel through several drainage swales on the property.Additional details and background information is included in the reports to Planning Commission (Attachments 5,7 and 8). DISCUSSION Density The slope density calculations for the three lots comprising the project site and the Hamilton property,the abutting parcel to the south,indicate a potential of20 lots (the number calculated out at 20.3,but the Town Code dictates that numbers are to be rounded down to the next whole number). The Hamilton property is currently a single lot,but has the potential to be subdivided into two lots. This parcel was included in the slope density calculations because it was originally part of the applicant's property.When a property is subdivided under the rules of the HR zone any further subdivision requires calculation of the slope density using the entire parcel originally subdivided (Section 29.40.250(a)(6)ofthe Zoning Ordinance).The Hamilton parcel was created by a previous property owner (Angell)in 1995.With two lots assigned to the Hamilton property,the remaining density based on slope density is 18.However,it is possible for the proposed density of 19 lots to be approved through the PD Ordinance.The applicant is requesting 19 lots based on the community benefits being proposed,including provision of better water service for a number of surrounding property owners and preservation of a significant portion of the property as scenic easement. Proposed Home Sites The conceptual grading plans were prepared to demonstrate that the proposed lots are viable from a development perspective and can be developed within the regulations ofthe Hillside Development Standards &Guidelines (HDS&G).For example,retaining wall heights will not exceed five feet and cut and fill depths conform to grading criteria.The conceptual plans were designed to show that the HDS&G compliance can be achieved under worst case scenarios.When individual lots are developed,detailed plans will be prepared and building footprints and driveways may vary from the conceptual plans provided they remain in compliance with the HDS&G.In reviewing the specific home designs,the goal is to develop plans that work best with each lot,stepping the house to fit the site and to minimize grading and retaining walls.Lots 9 and 11 would make use of a shared driveway due to grading and tree impacts that would occur if a separate driveway were constructed to serve lot 11.Emergency vehicle turnarounds would be required on lots 2 and 10,and are shown on the conceptual plans (Exhibit G to Attachment 5). PAGE 3 MAYORANDTOWNCOUNC~ SUBJECT:PROPOSED ZONE CHANGE TO SUBDNIDE 66 ACRES INTO 19 LOTS AT THE TERMINUS OF SHADY LANE/PD-04-3;EIR-04-1. December 15,2005 Road System The roadways within the proposed subdivision are all designed to follow existing graded roads.The existing roads have been on the property for approximately 40 years.While some widening will be needed,most ofthe roadways can be installed without substantial grading or tree impacts.Retaining walls will be needed in some locations,but will not exceed five feet in height as recommended by the HDS&G.The Hillside Specific Plan recommends that roadways be 24 feet for local streets and 20 feet for cul-de-sacs serving six or fewer homes.The proposed roads will have a paved width of 22 feet plus a two foot rolled curb,for an effective width of 24 feet.The roadway widths have been kept at the minimum needed to meet Town standards for public streets.The proposed roadway system provides access with the least impact to the site.This has been the practice ofthe Town on other hillside subdivisions such as the McCarthy PD on Foster Road. Emergency Access Roads Emergency access connections will be provided from the proj ect site to Gum Tree Lane and Shannon Road.The Shannon Road access is shown on the Hillside Specific Plan and is required by the Fire Department.The Gum Tree Lane connection is not required,but will provide an additional access point for residents and emergency services.An all weather surface will be provided but no additional grading will be done since the road has already been graded. The applicant initially included an emergency access road on the plans connecting the end ofFrancis Oaks Way to the Shady Lane extension,but later removed it due to staff concerns about grading volumes,cut and fill depths,the need for extensive and tall retaining walls and tree impacts.Francis Oaks residents are very concerned about this,and prefer having an alternate access at the end of Francis Oaks Way.In the interest ofproviding a needed emergency access to Francis Oaks and to accommodate the request from these neighbors,the applicant has developed another alignment for an emergency access road from the end of Francis Oaks Way to Shady Lane (see Exhibit L to Attachment 5).The approximate grading needed to install the roadway with an 1812%slope is 1,138 cubic yards of cut and 198 cubic yards offill (Profile A,ExhibitL to Attachment 5).Retainingwalls ranging from five to 10 feet would be needed,and 27 trees would need to be removed.Two alternate proposals have been provided (Profiles B and C),but these would both result in steeper slopes and are less desirable.The Fire Department would be unable to use the roadway regardless of which of the three options is used due to the slope ofthe roadway and tight turning radius.Attachment 15 is a letter submitted by Francis Oaks resident Lee McLaughlin in support of an alignment offthe end of the road. The Hillside Specific Plan (HSP)shows an emergency access connection to Francis Oaks Way from the adjacent parcel to the east (Greiner property)which has access to Francis Oaks.This location is flatter and more feasible for an emergency access road,would not require substantial grading or retaining walls,and could be constructed without removing any trees.It appears that the connection PAGE 4 MAYORANDTOWNCOUNC~ SUBJECT:PROPOSED ZONE CHANGE TO SUBDNIDE 66 ACRES INTO 19 LOTS AT THE TERMINUS OF SHADY LANE/PD-04-3;EIR-04-1. December 15,2005 between the existed graded road on the Greiner property and Francis Oaks Way has been rough graded although it is overgrown with coyote brush.The HSP location is not proposed as part ofthe project,however,fire suppression capability will be improved due to water system improvements. The Council should decide whether to include the proposed emergency access connection at the end of Francis Oaks Way as part of the project approval,or if it should be deferred until the adjacent Greiner property is developed and the connection can be made through that property as indicated by the HSP.Attachment 16 is a map showing the two possible locations for an emergency access connection to Francis Oaks. Water System A new water tank will be located between lots 19 and 21.The applicant will install a new public water system and it will then be owned and maintained by San Jose Water Company (SJWC).An access road for SJWC monitoring and maintenance of the water tank will be provided as shown on the site plan (see sheet 1 ofthe development plans;included with Exhibit D to Attachment 5).The water tank will meet the domestic needs ofthe new homes and provide emergency fire flow for the Santa Clara County Fire Department.The tank location is at the highest elevation on the site and cannot change substantially without impacting the hydraulic engineering of the water system. In addition to providing water for the project,a number of surrounding properties will have the opportunity to connect to the new water service.The 16 homes within the Shady Lane Mutual Water Company (SLM)will all have new connections and increased water pressure as a result.The applicant will install new water lines within Gum Tree Lane and Drysdale Drive,and new water meters will be installed by San Jose Water Company.The SLM property owners can then connect to the new water system and abandon the existing substandard system.The existing water tank located offDrysdale Drive can also be removed.Some ofthe homes on the upper portion ofFrancis Oaks Way and Shannon Road will also have the opportunity to connect into the new water system. The applicant will install a water line in a portion of Francis Oaks Way,connecting to the new tank through the adjacent Greiner property (an easement has been obtained for this purpose). Staffheld meetings with representatives from SJWC and the three neighborhoods that will receive water via the new system to ensure that all remaining questions and concerns were addressed.All parties are satisfied with the plans for the new water system. Geotechnical Considerations Extensive geotechnical and geologic evaluations have been completed and the geotechnical peer review by the Town's consultant,Geomatrix,resulted in a conclusion that the project is geotechnically feasible.Two slides on the property will be repaired,and several others will be left PAGES MAYORANDTOWNCOUNC~ SUBJECT:PROPOSED ZONE CHANGE TO SUBDIVIDE 66 ACRES INTO 19 LOTS AT THE TERMINUS OF SHADY LANE/PD-04-3;EIR-04-1. December 15,2005 undisturbed as they are in locations that will not impact the proposed home sites.These areas of historic debris flow or old landslides are located on the northern slope above the Shady Lane Extension,between the Hailey property and lot 22,and at the southeast corner of the property (see sheet 4 of the development plans).These old slide areas were detennined to be shallow with little material.The applicant does not plan to repair the slides as they are within areas to be designated as open space or scenic easement.It is preferable to leave the slope in a natural state as there are some large trees growing there and any movement will not impact downstream development or facilities.The old slides have not moved for hundreds of years and the drainage system for the proj ect will not direct any water to these areas,so it is highly unlikely thatthese areas will experience movement in the future. Scenic Easements The applicant is proposing scenic easements over a maj ority of the proposed lots.These easements do not correspond with the Least Restrictive Development Area (LRDA).The LRDA includes areas with slopes that do not exceed 30%.The scenic easements are being offered as a community benefit and are not required element by Town Code.The open space delineation over the northerly portion ofthe site is also being proposed by the applicant and is not required by the Town.The open space would be private,and would be maintained by the Homeowner's Association.The trail connection to Francis Oaks Way will meander through the open space area.The applicant has also suggested that a par course could be constructed within the open space if desired by the Town.Such improvements would be maintained by the Homeowner's Association and would be available for use by residents of the project as well as people who live outside it.Public easements would be placed over the trails so that they can be used by the general public. Tree Impacts An arborist report was prepared for the proj ect by the Town's Consulting Arborist,Arbor Resources. The applicant worked extensively with staff and the Consulting Arborist to minimize tree impacts. Proposed tree removals and trees that may be impacted by road and infrastructure construction as well as individual lot development are discussed in the arborist report.There are 39 trees on the site that the arborist recommends removal of for health and safety reasons.Two of these trees have fallen since the initial tree survey was done,and one inventoried tree is dead.Road construction will require removal ofsix trees and one additional tree will be impacted by grading and may not survive. It is estimated that up to 41 trees will be removed due to conflicts with building envelopes. Seventeen trees will potentially be impacted by driveways or development within building envelopes.Impacted trees will not unnecessarily be removed,and some may be able to be saved based on specific site plan design.Eight trees that are in good condition and small enough to be successfully moved are proposed to be relocated on the site. PAGE 6 MAYORANDTOWNCOUNC~ SUBJECT:PROPOSED ZONE CHANGE TO SUBDIVIDE 66 ACRES INTO 19 LOTS AT THE TERMINUS OF SHADY LANE/PD-04-3;EIR-04-1. December 15,2005 Optional Plan Elements The applicant has submitted a conceptual landscape plan for consideration (see sheet LDI of the development plans).The conceptual plan proposes to plant more heavily along the roads,with a transitional zone leading into the natural hillside zone.Landscape zones will be established for each lot and the scenic easement areas will be left in a natural state.This plan has been proposed as an optional element of the PD.Staff supports the plan in concept but refmements are needed.The scenic easements shown on the conceptual landscape plan do not match those shown on the conceptual site plan (sheet 2 ofthe development plans).The landscape plan was prepared only to demonstrate the proposed planting concept,and is not an intentional deviation from the proposed scenic easements shown on the site plan.The final landscape plan will be approved by staff. A second optional element is remedial grading along lot 10 and the roadway below (see sheet L2 of the development plans).This grading is being proposed to address some minor slumping and erosion that has occurred along this slope.Two terraced retaining walls would be installed and planted to provide better erosion control.Staff supports this optional remedial grading.The Planning Commission was supportive of both the remedial grading and the conceptual landscape plan with the understanding that the landscape plan will be consistent with the scenic easements. Landscape Guidelines The applicant provided draft landscape rules and guidelines that will be included with the CC&R's for the project (see Exhibit K to Exhibit 5).The landscape guidelines include criteria including planting,drainage,retaining walls,irrigation,hardscape and other landscape improvements,fencing and lighting.Commissioner Burke made some suggestions for changes to the landscape guidelines (see Attachment 1).The Commission discussed these suggestions but did not make any specific recommendations on them since the landscape guidelines are intended to be reviewed in more detail and finalized when the tentative map application is submitted.The landscape guidelines will be reviewed for compliance with the HDS&G,safe fire protocol and scenic easements. Architectural Restrictions The applicant indicated at several of the public meetings that greater architectural restrictions than required by the HDS&G would be put in place.A condition has been included that requires the applicant to return to the Planning Commission for review and approval of the draft architectural restrictions through an Architecture &Site application.This must occur before the final subdivision map is recorded. The applicant is proposing a trail through the property from the Shady Lane entrance to the easterly edge of the property,and a secondary trail that will extend up to an overview near the terminus of PAGE 7 MAYORANDTOWNCOUNC~ SUBJECT:PROPOSED ZONE CHANGE TO SUBDIVIDE 66 ACRES INTO 19 LOTS AT THE TERMINUS OF SHADY LANE/PD-04-3;EIR-04-1. December 15,2005 Francis Oaks Way.This trail will also connect to the end of Francis Oaks Way (see sheet 2 of the development plans).The Hillside Specific Plan shows a trail connection through the property,all the way to Blossom Hill Road.The trail will not be installed beyond the overview area because the steep slope down to Blossom Hill Road makes construction of a trail difficult.In addition,a trail in this location would be too steep to be safely navigated,would not allow for access by rescue personnel in the event of an accident,and there is no area for parking or access to a trail on Blossom Hill Road.A condition has been included requiring an easement over the open space area between the overlook and Blossom Hill Road to allow a trail to be constructed if the Town decides to implement this trail connection in the future. Traffic A traffic analysis has been completed and will be included in the draft EIR.The project is anticipated to generate approximately 211 average daily trips,17 during the AM peak and 22 during the PM peak.Project related traffic increases on Shady Lane,Gum Tree Lane and Drysdale Drive would not significantly increase safety hazards.A stop sign is recommended at the driveways to 15720,15730 and 15740 Shady Lane.The traffic report also recommends trimming vegetation to create a safe sight distance at Drysdale Drive &Shady Lane.Because there would be more than five peak hour trips generated by the project,the applicant must demonstrate that the benefits of the project outweigh the project's associated traffic impacts.The applicant has offered a number of community benefits as discussed below. Community Benefits The applicant has reiterated the community benefit package that is being offered as part ofthe proj ect (see pages 5 and 6 of Exhibit E,Attachment 5).The proposed community benefits include the following: •Open space dedication and scenic easements to provide continuous open space through the project (the open space will also connect to the open space easement on the adjacent Hailey property to the west). •Water system that will serve the proj ect and allow domestic water hookup for nearby properties accessed from Shannon Road,Shady Lane (including Drysdale Drive and Gum Tree Lane)and Francis Oaks Way. •Extension of public utilities including sanitary sewer. •Provision of additional fire protection (hydrants and water source)for the hillside. •Emergency access road connections to Gum Tree Lane,Shannon Road and Francis Oaks Way Tree restoration program hnprovements to Gum Tree Road to improve sight lines PAGE 8 MAYORANDTOWNCOUNC~ SUBJECT:PROPOSED ZONE CHANGE TO SUBDNIDE 66 ACRES INTO 19 LOTS AT THE TERMINUS OF SHADY LANE/PD-04-3;EIR-04-1. December 15,2005 SUMMARY OF PROJECT REVIEW On February 23 and August 24,2005,the Planning Commission held study sessions for the proposed project.The Commission accepted public testimony and provided input to the applicant on various issues and concerns including density,tree impacts,geologic hazards and visibility of homes. Minutes from the August 24 study session are Exhibit E to Attachment 5. On September 28,2005,a public hearing was held to allow public comments on the Draft EIR. Verbal comments were received from a member ofthe public.No comments on the Draft EIR were received from neighbors.Written comments were previously received from Cal-Trans,the Santa Clara Valley Water District (SCVWD),and the Native Plant Society.All comments have been addressed in the Final EIR (see Exhibit C to Attachment 5).The opportunity for the public to comment on the draft EIR ended with completion ofthe public hearing.The public hearing was not required,but was held to allow the maximum opportunity for public comment on the environmental document. On November 9,2005,the Planning Commission held a public hearing and accepted public testimony.Due to the lateness of the meeting,the item was continued to a special meeting on November 15,2005.On November 15,2005,the Commission allowed further public testimony and discussed the project.The Commission voted unanimously to forward a recommendation to the Town Council as follows: a.Certify the EIR; b.Adopt the Mitigation Monitoring Plan (Attachment 11);and c.Approve the Planned Development,subject to the conditions included in the PD Ordinance (Attachment 12) The Planning Commission asked that the Council note that the Town would be using a PD to allow the density to be greater than what is designated by the slope density formula,added the following conditions: •The entry monument shall be modified to be consistent with the Hillside Development Standards &Guidelines. •The homes on lots 2 and 12 shall be reviewed by the Planning Commission due to concerns about visibility. Verbatim minutes of the two public hearings are included as Attachments 13 and 14. PAGE 9 MAYORANDTOWNCOUNC~ SUBJECT:PROPOSED ZONE CHANGE TO SUBDIVIDE 66 ACRES INTO 19 LOTS AT THE TERMINUS OF SHADY LANE/PD-04-3;EIR-04-1. December 15,2005 ENVIRONMENTAL ASSESSMENT: It was been determined that this proj ect could have a significant impact on the environment and a Environmental hnpact Report (EIR)has been prepared.The recommended mitigation measures have all been incorporated into the conditions of approval included in the Planned Development Ordinance (Attachment 1).Attachment 2 is the Mitigation Monitoring Plan.The Planning Commission recommended that the Council certify the EIR.The Town's environmental consultant and the traffic consultant will be present at the Council meeting to answer questions. Notification ofthe availability of the Draft EIR was sent to the State Clearinghouse,County Clerk, all other appropriate public agencies,and property owners and residents surrounding the proj ect site (a total of70 neighbors were included on the notice list).Copies of the Draft EIR were also placed at the Town Library,Town Clerk's office,and Community Development Department. FISCAL IMPACT:None CONCLUSION: The Council should determine if the proposed 19 lots should be approved through the Planned Development,or if the number of lots should be reduced.Council should also decide whether to include the requested emergency access connection at the end ofFrancis Oaks Way under the proj ect approval,or if it should be deferred until the Grenier property is developed and the connection can be made in the HSP location. Attachments: The following were previously distributed under separate cover: 1.Draft Landscape Rules &Guidelines with changes suggested by Commissioner Burke (11 pages) 2.November 15,2005 Planning Commission desk item (one page)with Exhibit M (29 pages) 3.November 11,2005 Director's Memorandum (one page with one page attachment) 4.November 9,2005 desk item (two pages) 5.November 9,2005 Report to Planning Commission (nine pages)with Exhibits A-L 6.August 24,2005 desk item (two pages)with Exhibits G & H 7.August 24,2005 Report to Planning Commission (Study Session #2)with Exhibits C-F 8.February 23,2005 Report to Planning Commission (Study Session #1)with Exhibits A &B 9.Draft EIR PAGE 10 MAYORANDTOWNCOUNC~ SUBJECT:PROPOSED ZONE CHANGE TO SUBDNIDE 66 ACRES INTO 19 LOTS AT THE TERMINUS OF SHADY LANE/PD-04-3;EIR-04-1. December 15,2005 Additional Attachments: 10.Required Findings 11.Mitigation Monitoring Plan 12.Planned Development Ordinance 13.Verbatim Planning Commission Minutes of November 9,2005 14.Verbatim Planning Commission Minutes of November 15,2005 15.Letter from Lee McLaughlin (one page),received December 12,2005 16.Emergency Access Road Locations (one page) Distribution: Sandy Harris,Highlands of Los Gatos,LLC,906 Capri Drive,Campbell,CA 95008 David Fox,David R.Fox &Company,479 N.Santa Cruz Avenue,Los Gatos,CA 95032 BNL:SD N:\DEV\SUZANNEICounciIIReportsIFwd.to TCIShadyPDlShadyLane-PD.wpd TOWN COUNCIL -DECEMBER 14,2005 REQUIRED FINDINGS FOR: Shady Lane Planned Development Application PD-04-3 Environmental Impact Report EIR-04-001 Requesting approval of a zone change from HR-2Y2 to HR-2'l'2:PD to subdivide 66.2 acres into 19 lots.It has been determined that the project may cause significant impacts to the enviromnent and an Environmental ImpactReport has been prepared in compliance with the Califomia Enviromnental Quality Act.APNS 527-12-001,527-09-001,004 PROPERTY OWNER:Highlands of Los Gatos LLC APPLICANT:Sandy Harris Required consistency with the Town's General Plan: That the proposed Zone Change are intemally consistent with the General Plan and its Elements. Consistency with the Hillside Specific Plan: •That the proposed Zone Change is consistent with the Hillside Specific Plan. Traffic Policy: •That the project has community benefits as noted,which outweigh the project's associated traffic impacts. In-fill Policy: 1.That the proj ect contributes to the further development ofthe surrounding neighborhood (i.e. improve circulation,contribute to or provide neighborhood unity,eliminate a blighted area, not detract from the existing quality oflife). 2.Project is designed in context with the neighborhood and surrounding zoning with respect to existing scale and character of surrounding structures,open space,setbacks,density, provides adequate circulation and on-street parking.That the development blends in rather than competes with the established character of the area. 3.That the Planned Development demonstrates excellence in design. 4.That the proj ect demonstrates strong community benefit and that the findings are made part of the public record. N:\DEVIFINDINGS\Shady-Highlands-Te.wpd Attachment 10 MITIGATION MONITORING PLAN DATE:October 17,2005 PROJECT:Highlands of Los Gatos,15700 Shady Lane,State Clearinghouse #2004062010 Impact Mitigation Monitoring Action Responsibility Timing LAND USE Impact 4.1-1:The project Mitigation Measure 4.1-1:To be consistent with allowable Adoption of Planned Director of Community Prior to issuance of the would not be consistent with densities on the site as defined by the Town's Zoning Development Ordinance Development building permit Zoning allowable densities Ordinance,either the "PD"zoning designation should be for the project (per slope density formula)as approved (added to the property's HR-2l-2 zone as proposed) well as policies relating to or one project lot should be eliminated.Implementation of preserving biological resources Mitigation Measures 4.3-4,4.3-5 and 4.4-3c through e would and natural topography.reduce identified policy conflicts. AESTHETICS Impact 4.2-2:The project Mitigation Measure 4.2-2:Proposed lots on the westerly and Required as a condition Director of Community Prior to issuance of the would alter the visual easterly ridgelines (Lots 2,5,9,11,12,13, 14,15,17 and 19)of approval Development building permit character of the project site and the proposed water tank shall be subject to a view analysis and its vicinity.in accordance with the Town's Hillside Development Standards and Guidelines. As part of Architecture and Site review,the Town will require home designs to be consistent with the Hillside Development Standards and Guidelines for site planning, development intensity,architectural design,site elements, and landscape design. Impact 4.2-3:The project Mitigation Measure 4.2-3:Road lighting should be limited Required as a condition Director of Community Prior to issuance of the would introduce a new source to intersections,dangerous curves,dead ends,and multi-use of approval Development building permit of nighttime light.parking areas,and shall be installed to "cut-off'standards. Highlands of Los Gatos Planned Development Mitigation Monitoring Plan 1 October,2005 Impact Mitigation Monitoring Action Responsibility Timing Impact 4.3-5:Project Mitigation Measure 4.3-5:The applicant and future lot Required as a condition Building Department During construction implementation could result in owners will be required to replace trees removed in of approval the removal or significant accordance with the Los Gatos Tree Protection Ordinance damage of approximately 98 2114 which would be as follows: ordinance-size trees on the •Two replacement trees (24-inch box size)for each impacted project site.In addition,8 tree assigned a high suitability rating. trees would be relocated,up to •One replacement tree (24-inch box size)for each impacted20treescouldberemovedas part of landslide repair,and 39 tree assigned a moderate suitability rating. trees are recommended for A total of approximately 105 replacement trees shall be removal due to safety required for road,lot,and driveway development. concerns. Impact 4.3-8:Project Mitigation Measure 4.3-8:A protocol-level,pre-Required as a condition Director of Parks and Prior to issuance of the construction activities could construction survey for nesting rap tors shall be conducted by of approval Public Works building permit disturb active rap tor nests if a qualified ornithologist. they are present prior to The preconstruction surveys will be conducted no more than construction.14 days prior to the initiation of demolition and/or construction activities during the early part of the breeding season and no more than 30 days prior to the initiation of these activities during the late part of the breeding season. During this survey,the ornithologist will inspect all trees and electrical towers in and immediately adjacent to the impact areas for raptor nests.If an active raptor nest were found close enough to the construction/demolition area to be disturbed by these activities,the ornithologist,in consultation with the DFG,will determine the extent of a construction-free buffer zone (typically 75 meters [250 feet]) to be established around the nest to remain until the young have fledged. Highlands of Los Gatos Planned Development Mitigation Monitoring Plan 3 October,2005 ~~~~~~~._~~~~.---,...._------------._----...~---- Impact Mitigation Monitoring Action Responsibility Timing HYDROLOGY AND Mitigation Measure 4.6-1:To mitigate the project's impact Required as a condition Director of Parks and Prior to issuance of the WATER QUALITY on downstream flood hazards,the proposed detention basin of approval Public Works building permit Impact 4.6-1:Project should be adequately sized to accommodate surface runoff implementation would generated on project streets and lots during the lOa-year incrementally increase surface design storm.Specifically,the final system shall be runoff due to development of designed to satisfy both the HMP (continuous modeling)and impervious surfaces on the lOa-year storm criteria,that it shall provide two feet of site,and increased peak freeboard for the lO-year storm and zero feet for the 100- discharges from the site could year,and that the road shall be designed to act as a spillway increase downstream flood in the event of "overflooding"from an event larger than the hazards.lOa-year. TRANSPORATION AND TRAFFIC Impact 4.7-1:During project Mitigation Measure 4.7-1:Construction truck traffic shall Required as a condition Director of Parks and Prior to issuance of the construction,there would be a be minimized on Drysdale Drive and Gum Tree Lane and the of approval Public Works building permit temporary increase in project-project applicant will be required to work with the Town to related construction traffic on develop a traffic control plan that reduces traffic safety local roadways.hazards. Impact 4.7-3:Project-related Mitigation Measure 4.7-3:Access roads are recommended Required as a condition Building Department During construction traffic increases on Shady to be widened to 22 feet of paved width,where practical.of approval Lane,Gum Tree Lane,and Curve warning signs,delineators,and advisory speeds, Drysdale Drive would increase should be installed to enhance the traffic safety.A guard rail safety concerns on these shall be installed along the north side of Gum Tree Lane roadways.Uust west of the project's western boundary)where the road extends directly above existing homes to the north. Repaving of the access roads should also be considered. At the intersection of Shady Lane,two driveways and the project entrance,a stop sign should be installed for traffic exiting the project if the angle and elevation constraints cannot be improved. Impact 4.7-5:No on-street Mitigation Measure 4.7-5:The Town will require provision Required as a condition Director of Community Prior to issuance of the parking would be allowed of some parking bays along project roadways (wherever of approval Development building permit along the proposed Shady topography allows). Lane Extension and off-street parking would not be provided lmtil each lot is developed. Highlands ofLos Gatos Planned Development Mitigation Monitoring Plan 5 October,2005 ..__....._-~-~._.._.-_.~.~-~-~---------~---- Impact Mitigation Monitoring Action Responsibility Timing and property improvements. Impact 4.11-3:Construction Mitigation Measure 4.11-3:The project will be required to Required as a condition Director of Community Prior to issuance of the of new residen tial uses on the comply with Police Department's specified basic of approval Development building permit project site would require the requirements. additional police protection services for future residents and property improvements. OPEN SPACE AND RECREATION Impact 4.12-1:Proposed Mitigation Measures 4.12-1a:The Town will require trails to Required as a condition Building Department During construction trails would not be entirely meet requirements regarding ownership,maintenance,of approval consistent with trail materials,alignments,width,grade,parking,and signage. alignments and standards specified in the Blossom Hill Comprehensive Open Space Study. Impact 4.12-3:There would Mitigation Measure 4.12-3a:The Town will require:a Required as a condition Director of Community Prior to issuance of the be additional grading and detailed soils investigation;grading,drainage,and utilities of approval Development building permit drainage impacts associated extension to be shown on plans;proof of maintenance and with construction of the construction access rights from Francis Oaks Way;and proposed tennis court and par preparation of a traffic control plan for Francis Oaks Way. course.Francis Oaks Way Mitigation Measure 4.12-3b:Project CC&R's will prohibit could be subject to traffic project residents from using Francis Oaks Way for access or increases due to construction parking while using the project's tennis court or par course. of the proposed tennis court and par course and use by project residents. Highlands ofLos Gatos Planned Development Mitigation Monitoring Plan 7 October,2005 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM HR-2~TO HR-2~:PD FOR PROPERTY LOCATED AT THE TERMINUS OF SHADY LANE (APNs 527-12-001.527-09-001 &004) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property at te tenninus of Shady Lane (Santa Clara County Assessor Parcel Numbers 527-12-00l. 527 -09-001 &004)as shown on the map attached hereto as Exhibit A,and is part ofthis Ordinance, from HR-2~(Hillside Residential,2 ~Acres per Dwelling Unit)to HR-2 'l'2:PD (Hillside Residential, 2'l'2 Acres per Dwelling Unit,Planned Development). SECTION II The PD (Planned Development Overlay)zone established by this Ordinance authorizes the following construction and use of improvements: 1.Construction of 19 new single-family dwelling units. 2.Landscaping,streets,trails,and other improvements shown and required on the Official Development Plan. 3.Dedication of 42.87 acres of scenic easements as shown on the Official Development Plans. 4.Dedication of trail easements to the Town of Los Gatos as shown on the Official Development Plans. 5.Uses pennitted are those specified in the HR (Hillside Residential)zone by Sections 29.40.235 (Pennitted Uses)and 29.20.185 (Conditional Uses)of the Zoning Ordinance,as those sections exist at the time ofthe adoption ofthis Ordinance,or as they may be amended in the future.However,no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance,or by a Conditional Use Pennit. Attachment 12 SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply,except when the Official Development Plan specifically shows otherwise. SECTION IV A recorded subdivision map and Architecture and Site Approval and Subdivision Approval are required before construction work for the dwelling units is performed,whether or not a permit is required for the work and before any permit for construction is issued.Construction permits shall only be in a manner complying with Section 29.80.130 of the Town Code. SECTION V The attached Exhibit A (Map),and Exhibit B (Official Development Plans),are part of the Official Development Plan.The following conditions must be complied with before issuance ofany grading,or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1.ARCHITECTURE AND SITE APPROVAL REQUIRED.A separate Architecture and Site application and approval is required for each of the new single family homes and for the infrastructure improvements.The Development Review Committee may be the deciding body ofthe infrastructure improvements and for Architecture and Site applications where the proposed home is in compliance with the Hillside Development Standards &Guidelines, except for lots 2 and 12 which shall be reviewed by the Planning Commission due to concerns about visibility. 2.OFFICIAL DEVELOPMENT PLANS.The Official Development Plans provided are conceptual in nature.Final building footprints and building designs shall be determined during the architecture and site approval process. Page 2 of28 3.SUBDIVISION REQUIRED.A tentative map application shall be approved for the project prior to the issuance ofbuilding permits.The Development Review Committee may be the deciding body of the tentative map. 4.ARCHITECTURAL RESTRICTIONS.The applicant shall submit the proposed architectural restrictions for the project through an Architecture and Site application for review and approval by the Planning Commission,prior to recordation of the Final Map. 5.ENTRY MONUMENT.The entry monument shall be modified to be consistent with the Hillside Development Standards &Guidelines as part of the Architecture &Site approval for the infrastructure improvements. 6.HOUSE SITING.New homes shall be sited within the grading envelopes shown on the Official Development Plans unless it can be demonstrated that another location is more appropriate for the lot.The burden ofproofis on the applicant to justify any deviation from the approved grading envelope. 7.BUILDABLE LOT AND LANDSCAPE AREAS.Any improvement or planting within the buildable lot and landscape areas shown on the Official Development Plans must comply with the Hillside Development Standards &Guidelines. 8.FENCING.Fence locations shall be reviewed and approved during the Architecture &Site review(s).The developer will include in the CC&R's for the project a restriction limiting the home owners from replacing the fence type approved during the Architecture &Site review(s).Fencing shall be restricted to open design,such as wood with wire mesh and wood or concrete split-rail fencing.CC&R's shall prohibit fencing within scenic easements. 9.CONCEPTUAL LANDSCAPE PLAN.The conceptual landscape plan shall be revised to be consistent with the scenic easements shown on the conceptual site plan,sheet 2 of the Official Development Plans. 10.SETBACKS.The minimum setbacks are those specified by the HR zoning district. 11.HEIGHT.The maximum height for homes shall be 25 feet unless it is determined that a home will be visible from a Town viewing platform,in which case the height shall be restricted to 18 feet. Page 3 of28 12.**AESTHETICS MITIGATION MEASURE 4.2-2a.Proposed lots on the westerly and easterly ridge lines (lots 2,9,11,12,14,15,17 and 19)shall be subject to a view analysis in accordance \yith the Town's Hillside Development Standards &Guidelines. 13.**AESTHETICS MITIGATION MEASURE 4.2-2b.As part of the Architecture and Site review,the Town will require home designs to be consistent with the Hillside Development Standards &Guidelines (HDS&G)for site planning,development intensity,architectural design site elements and landscape design. 14.EXTERIOR LIGHTING.All exterior lighting shall be reviewed and approved as part ofthe Architecture &Site review(s)and shall comply with the HDS&G.Lighting shall be down directed and shall not reflect or encroach onto neighboring properties.Flood lights shall not be installed unless it can be demonstrated that they are clearly needed for safety. 15.COLOR REFLECTIVITY DEED RESTRICTION.Prior to the issuance of a building permit,a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder's Office that states that all exterior paint colors shall not exceed a light reflectivity value of 30,shall blend with the natural color ofthe vegetation that surrounds the site,and shall be maintained in conformance with the Town's Hillside Development Standards as may be amended by the Town. 16.BELOW MARKET PRICE (BMP)IN-LIEU FEE:A Below Market Price (BMP)in-lieu fee shall be paid by the property owner/developer pursuant to Town Code Section 29.10.3025 and any applicable Town Resolutions.The fee amount shall be based upon the Town Council fee resolution in effect at the time a final or vesting tentative map is approved. 17.COMMUNITY BENEFIT.The applicant shall enter into an agreement with the Town for provision of the community benefits being offered with the proj ect.The agreement shall include details on the timing and implementation of each item and shall be approved by the Town Attorney and the Director of Community Development prior to issuance of any building permits for the project. Page 4 of28 18.PROJECT CC&R's.CC&R's shall be provided with the Tentative Map application and ,shall address the following: a.maintenance oflandscaping in the public right-of-way b.maintenance of storm drain system c.landscape guidelines (shall be compliant with the Hillside Development Standards &Guidelines,EIR and safe fire protocol). 19.FINAL CC&R's.Final CC&R's shall be approved by the Town Attorney prior to the recording of the Final Map.The CC&R's shall include provisions for traffic circulation, vehicle parking enforcement procedures,and landscaping,exterior lighting and fencing restrictions.The approved CC&R's shall become conditions of this Ordinance. 20.TREE REMOVAL PERMIT.A Tree Removal Permit shall be obtained for the removal of any ordinance sized tree prior to the issuance of a Building,Grading or Encroachment Permit.The only trees to be removed are those identified in the September 17,2004 arborist report prepared by Arbor Resources.Ifit becomes necessary to remove any additional trees, a separate Tree Removal Permit shall be submitted for review by the Town.Review by the Town's Consulting Arborist may be required at the discretion ofthe Director of Community Development. 21.**BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-1 a.Focused surveys shall be conducted for the three special status plant species having the potential to occur in the oak woodland habitat.Ifmitigation plantings occur in grassland or chaparral,surveys for three special status plant species having the potential to occur in these habitats shall also be done. 22.**BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-1b.If any special status species would be affected by the project,a Special Status Plant Species Mitigation and Monitoring Plan should be required to either avoid,minimize or compensate for the impact. 23.**BIOLOGICALRESOURCES MITIGATION MEASURE 4.3-3a.Prior to recordation of the Final Map a formal wetland delineation shall be completed and submitted to the USACE for verification.Ifthe USACE,CDFG and/or RWQCB claim jurisdiction over the seasonal wetlands and seasonal drainages on the site,the project applicant shall submit appropriate pennit applications to those agencies claiming jurisdiction prior to project construction and comply with the terms of the permits. Page 5 of28 24.**BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-3b.The section of the proposed Shady Lane Extension located west of the site boundary (where the seasonal drainage channel extends along the north side)shall be widened to the south to the extent feasible to avoid impacts on the riparian corridor and avoid identified tree removal along this corridor. 25.**BIOLOGICALRESOURCESMITIGATIONMEASURE4.3-4.Due to the temporal loss associated with proposed tree removal,replacement trees shall be planted at a 3:1 replacement/loss ratio.Based on a maximum potential removal ofapproximately 122 to 142 trees,mitigation planting of366 to 426 oak:trees in specified areas will be required.A Tree Protection and Preservation Plan shall be developed by the applicant and individual lot owners to ensure survival of trees to be retained and appropriate compensation for impacts on mixed oak:woodlands. 26.**BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-5.The applicant and future lot owners shall replace trees removed in accordance with the Los Gatos Tree Protection Ordinance 2114 which is as follows: a.Two replacement trees (24-inch box size)for each impacted tree assigned a high suitability rating. b.One replacement tree (24-inch box size)for each impacted tree assigned a moderate suitability rating. A total of approximately 105 replacement trees shall be required for road,lot,and driveway development. 27.**BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-8.A protocol-level, pre-construction survey for nesting raptors shall be conducted by a qualified ornithologist. The preconstruction surveys shall be conducted no more than 14 days prior to the initiation of demolition and/or construction activities during the early part ofthe breeding season and no more than 30 days prior to the initiation of these activities during the late part of the breeding season.During this survey,the ornithologist will inspect all trees and electrical towers in and immediately adjacent to the impact areas for raptor nests.If an active raptor nest is found close enough to the construction/demolition area to be disturbed by these Page 6 of28 activities,the ornithologist,in consultation with the DFG,will determine the extent of a construction-free buffer zone (typically 75 meters [250 feet])to be established around the nest to remain until the young have fledged. 28.**HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE 4.5-2b. Prior to recordation of the Final Map a wildlife management plan shall be prepared to provide guidelines for establishment of defensible space and fuel breaks,use of appropriate building materials,selection of appropriate landscape species,and implementation of appropriate vegetation management practices to minimize fuel loads. Building Division 29.*GEOLOGY AND SOILS MITIGATION MEASURE 4.4-1a.Project plans shall demonstrate compliance with 1997 Uniform Building Code requirements for structural and seismic loads and recommendations made by Terrasearch. 30.**AIR QUALITY MITIGATION MEASURE 4.9-1.The project shall comply with BAAQMD basic,enhanced,and applicable optional control measures to minimize short-term emISSIOns. 31.**NOISE MITIGATION MEASURE 4.9-1 Truck noise shall be minimized by limiting truck operations to the less noise-sensitive daytime working hours,as well as limiting travel speeds and avoiding compression braking as trucks travel downhill along Shady Lane. 32.**PUBLIC SERVICES AND UTILITIES MITIGATION MEASURE 4.11-1.Affected school districts will charge the project applicant impact fees based on the size ofnew homes (per square foot basis)and by supplemental parcel taxes on the new residential parcels. 33.PERMITS REQUIRED:A building permit shall be required for the construction of site retaining walls and the proposed water tank pad. 34.CONDITIONS OF APPROVAL:The Conditions ofApproval must be blue-lined in full on the cover sheet of the construction plans. 35.SIZE OF PLANS.The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. Page 7 of28 36.STREET NAMES &HOUSE NUMBERS:Submit requests for new street names and/or house numbers from the Office of the Town clerk prior to the building permit application process. 37.SOILS REPORT:A soils report,prepared to the satisfaction of the Building Official, containing retaining wall and pad foundation design recommendations,shall be submitted with the building permit application.This report shall be prepared by a licensed civil engineer specializing in soils mechanics.ALTERNATE:Design the foundation for an allowable soils 1,000 psfdesign pressure (Uniform Building Code Volume 2-Section 1805). 38.FOUNDATION INSPECTIONS:A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report;and,the 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: a.On-site retaining wall location b.Finish floor elevation c.Foundation comer locations 39.RESIDENTIAL TOWN ACCESSIBILITY STANDARDS.The residences shall be designed with adaptability features for single-family residences per Town Resolution 1994-61. a.Wooden backing (no smaller than 2-inches by eight-inches)shall be provided in all bathroom walls at water closets,showers and bathtub,located at 34-inches from the floor to the center of the backing,suitable for installation of grab bars. b.All passage doors shall have a 36-inch wide door including a five foot by five foot level landing no more than one-inch out of plane with the immediate interior floor level,with an 18-inch clearance at interior strike edge. c.Door buzzer,bell or chime shall be hard wired. 40.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 permit.The Town Page 8 of28 Special Inspection form must be completely filled-out,signed by all requested parties and be blue-lined on the construction plans.Special Inspection forms are available from the Building Division Service Counter. 41.SOLAR HOT WATER HEATING.The residences shall be pre-plumbed for solar hot water heating.The plans shall show the location of a stub and valve located in the attics for solar heating use. 42.TITLE 24 ENERGY COMPLIANCE.California Title 24 Energy Compliance forms CR- IR and MF-IR shall be printed on the construction plans. 43.HAZARDOUS FIRE ZONE.This project requires Class A roofing assembly. 44.TOWN FIREPLACE STANDARDS.New fireplaces shall be EPA Phase II approved appliances per Town Ordinance 1905.Tree limbs within 10 feet of chimneys shall be cut. 45.PLANS:The construction plans shall be prepared under the direct supervision of a licensed architect or engineer.(Business and Professionals Code Section 5538). 46.NON-POINT SOURCE POLLUTION STANDARDS.The Town standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part ofplan submittal.The specification sheet is available at the Building Division service counter. 47.APPROVALS REQUIRED:The project requires the following agencies approval before issuing a building permit: a.Community Development:Suzanne Davis at 354-6875 b.Engineering Department:Fletcher Parsons at 395-3460 c.Parks &Public Works Department:(408)399-5777 d.Santa Clara County Fire Department:(408)378-4010 Note:Obtain the school district forms from the Town Building Department,after the Building Department has approved the building plans. TO THE SATISFACTION OF THE DIRECTOR OF PARKS &PUBLIC WORKS: Engineering Division 48.**AESTHETICS MITIGATION MEASURE 4.2-3 (STREET LIGHTING).Lighting shall be kept to a minimum and shall be installed only at intersections,dangerous curves,end of Page 9 of28 cul-de-sacs and multi-use parking areas if needed for safety as determined by the Town Engineer.Developer shall submit detailed plans of proposed street lighting,including photometries,for lighting to be installed prior to approval of Final Map. 49.**GEOLOGY AND SOILS MITIGATION MEASURE 4.4-1b.A screening level slope stability analysis shall be completed for Cross-section H-H. 50.**GEOLOGY AND SOILS MITIGATION MEASURE 4.4-3a.The applicant shall repair the debris flows/landslides located on Lots 1 and 10. 51.**GEOLOGY AND SOILS MITIGATION MEASURE 4.4-3b.Prior to development of each home site,a lot-specific geologic and geotechnical investigation shall be conducted to identify and address potential geotechnical hazards.Each individual report shall be peer reviewed by the Town's Geotechncial Consultant. 52.**GEOLOGY AND SOILS MITIGATION MEASURE 4.4-3c.To the extent feasible, proposed development should avoid slopes over 30%unless designed in accordance with the Town's Hillside Standards and Guidelines. 53.**GEOLOGY AND SOILS MITIGATION MEASURE 4.4-3d.Grading associated with development of homes and driveways shall be minimized. 54.**GEOLOGY AND SOILS MITIGATION MEASURE 4.4-3e.All utilities located on slopes over 30%shall be directional drilled. 55.**HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 4.6-1.Tomitigate the project's impact on downstream flood hazards,the proposed detention basin shall be adequately sized to accommodate surface runoff generated on project streets and lots during the 100-year design storm,prior to recordation of the Final Map.Specifically,the final system shall be designed to satisfy both the HMP (continuous modeling)and 1OO-year storm criteria,that it shall provide two feet of freeboard for the 1O-year storm and zero feet for the 100-year,and that the road shall be designed to act as a spillway in the event of "overflooding"from an event larger than the 100-year. 56.**OPEN SPACE AND RECREATION MITIGATION MEASURE 4.12-1a.New trails shall meet Town requirements regarding ownership,maintenance,materials,alignments, width,grade,parking,and signage. Page 10 of28 57.**OPEN SPACE AND RECREATION MITIGATION MEASURE 4.12-3a..Ifa tennis court and/orpar course is to be installed,the Town will require a detailed soils investigation; grading,drainage,and utilities extension to be shown on plans;proof of maintenance and construction access rights from Francis Oaks Way;and preparation of a traffic control plan for Francis Oaks Way. 58.**OPEN SPACE AND RECREATION MITIGATION MEASURE 4.12-3b.Project CC&R's shall prohibit project residents from using Francis Oaks Way for access or parking while using the par course,if installed. 59.CERTIFICATE OF LOT LINE ADJUSTMENT.A Certificate ofLot Line Adjustment shall be recorded for the off-site parcels as shown on the Official Development Plans.Two copies ofthe legal description for each new lot configuration,a plat map (8-~in.X 11 in.)and two copies of the legal description of the land to be exchanged shall be submitted to the Engineering Division ofthe Parks &Public Works Department for review and approval.The submittal shall include closure calculations,title reports less than 90 days old and the appropriate fee.The certificate shall be recorded before any permits may be issued. 60.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 impervious areas.Unless specifically allowed by the Director ofParks and Public Works,the grading permit will be issued concurrently with the building permit.The grading permit is for work outside the building footprint(s).A separate building permit,issued by the Building Department on E.Main Street is needed for grading within the building footprint. 61.SOILS REPORT.One copy of the soils and geologic report shall be submitted with the grading permit application.The soils report shall include specific criteria and standards governing site grading,drainage,pavement design,retaining wall design,and erosion control.The report shall be signed and "wet stamped"by the engineer or geologist,in conformance with Section 6735 ofthe California Business and Professions Code. Page 11 of28 62.SOILS REVIEW.Prior to issuance ofany permit,the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations,retaining walls, site grading,and site drainage are in accordance with their recommendations and the peer review comments.The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 63.SOILS ENGINEER CONSTRUCTION OBSERVATION.During construction,all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report,and recommend appropriate changes in the recommendations contained in the report,if necessary.The results of the construction observation and testing should be documented in an "as-built"letter/report prepared by the applicants soils engineer and submitted to the Town before final release of any occupancy permit is granted. 64.DEVELOPMENT AGREEMENT.The Applicant shall enter an agreement to construct public improvements in accordance with Town Code §24.40.020. 65.FINAL MAP.A final map shall be recorded.Two copies ofthe final map shall be submitted to the Engineering Division of the Parks &Public Works Department for'review and approval.The submittal shall include closure calculations,title report and appropriate fees. The map shall be recorded prior to issuance of any building permits for the project. 66.DEDICATIONS.The following shall be dedicated prior to issuance of any permits: a.Shady Lane extension (west of project site boundary):40 foot street right-of-way with a 10 foot wide Public Service Easement (PSE)on each side. b.New interior streets.A40-foot street right-of-way with the chord ofa20-footradius at all intersections and a standard 42-foot radius cul-de-sac. c.Public Service Easement (PSE).Ten (10)feet wide,next to the new street rights-of- way. d.Ingress-egress,storm drainage and sanitary sewer easements,as required. e.Trail Easement.Ten (10)feet wide,as shown on the Official Development Plan. f.Trail easement.Over the area between the overlook and Blossom Hill Road for installation of a trail should the Town decide to implement this trail connection. Page 12 of28 67.PUBLIC IMPROVEMENTS.The following improvements shall be installed by the developer.Plans for those improvements shall be prepared by a California registered civil engineer,reviewed and approved by the Town,and guaranteed by contract,Faithful Performance Security and Labor &Materials Security before the issuance of a building permit or the recordation of a map.The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a.New Streets.Curb,gutter,new street paving,signing,striping,lighting,storm drainage and sanitary sewers,as required.Curbs shall be rolled concrete to the satisfaction of the Director of Parks and Public Works. b.Shady Lane.Curb as required in the vicinity of Drysdale Drive to reduce overbank erosion in the roadside ditch. 68.PUBLIC IMPROVEMENT SECURITY.The applicant shall supply suitable securities for all public improvements that are a part ofthe development in a form acceptable to the Town in the amount of 100%(performance)and 100%(labor and material)prior to issuance ofany permit.Applicant shall provide two (2)copies of documents verifying the cost ofthe public improvements to the satisfaction ofthe Engineering Division ofthe Parks and Public Works Department. 69.INSURANCE.One million dollars ($1,000,000)of liability insurance holding the Town harmless shall be provided in a format acceptable to the Town Attorney before recordation ofthemap. 70.CONSTRUCTION MANAGEMENT PLAN.The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan,Traffic Control Plan,Project Schedule,site security fencing,employee parking,construction staging area,construction trailer,and proposed outhouse locations. 71.CONSTRUCTION STREET PARKING.No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000)pounds shall be allowed to park on the portion ofa street which abuts property in a residential zone without prior approval from the Town Engineer (§15.40.070). Page 13 of28 72.PRECONSTRUCTION MEETING.Prior to issuance of any permit or the commencement of any site work,the general contractor shall: a.Along with the project applicant,attend a pre-construction meeting with the Town Engineer to discuss the project conditions of approval,working hours,site maintenance and other construction matters; b.Acknowledge in writing that they have read and understand the project conditions of approval,and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy ofthe proj ect conditions of approval will be posted on site at all times during construction. 73.PRECONSTRUCTIONPAVEMENT SURVEY.Prior to issuance ofagradingpermit,the project applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35-mm or digital video camera.The survey shall be conducted across the full extent of Francis Oaks Way,Drysdale Drive,Gum Tree Lane and Shady Lane.The results shall be documented in a report and submitted to the Town for review. 74.POST-CONSTRUCTION PAVEMENT SURVEY.The project Applicant will complete a pavement condition survey and pavement deflection analysis to determine whether road damage occurred as a result of project construction and whether there were changes in pavement strength.Rehabilitation improvements required to restore the pavement to pre- construction condition and strength shall be determined using State of California procedures for deflection analysis.The results shall be documented in a report and submitted to the Town for review and approval.The Applicant shall be responsible for completing any required road repairs prior to release of the faithful performance bond. 75.TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL).The developer shall pay a proportional the project's share oftransportation improvements needed to serve cumulative development within the Town of Los Gatos.The fee amount will be based upon the Town Council resolution in effect at the time the request of Certificate of Occupancy is made.The fee shall be paid before issuance of the Certificate of Occupancy.The traffic impact mitigation fee for each new house in this project using the current fee schedule is $5,742. Page 14 of28 The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the request for building permit. 76.**TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 4.7-1 Construction truck traffic shall be minimized on Drysdale Drive and Gum Tree Lane.Prior to issuance of any permits the applicant shall work with the Town to develop a traffic control plan that reduces traffic safety hazards. 77.**TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 4.7-3.Access roads are recommended to be widened to 22 feet of paved width,where practical.Curve warning signs,delineators,and advisory speeds,should be installed to enhance the traffic safety.A guard rail shall be installed along the north side ofGum Tree Lane (just west ofthe project's western boundary)where the road extends directly above existing homes to the north. Repaving of the access roads should also be considered.At the intersection of Shady Lane, two driveways and the project entrance,a stop sign should be installed for traffic exiting the project if the angle and elevation constraints cannot be improved. 78.**TRANSPORTATIONAND TRAFFIC MITIGATION MEASURE 4.7-5.TheTownmay require provision of parking bays along project roadways (wherever topography allows). Parking bay analysis shall be done as part of the Architecture &Site review for the infrastructure improvements. 79.**TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 4.7-6.During Architecture and Site review for each proposed lot,proposed driveways shall be reviewed for adequate sight distance at the driveway intersections.On lots with long driveways, driveways should be designed to allow vehicles to turnaround near the garage so that drivers could exit long driveways going forward. 80.GENERAL.All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications or as otherwise approved by the Director of Parks and Public Works.All work shall conform to the applicable Town ordinances.The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day.Dirt and debris shall not be washed into storm drainage facilities.The storing of goods and materials on the sidewalk and/or the street will not be Page 15 of28 allowed unless a special pennit 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 perfonning the required maintenance at the developer's expense. 81.ENCROACHMENT PERMIT.AlIi work in the public right-of-way will require a Construction Encroachment Pennit.All work over $5,000 will require construction security. 82.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 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. 83.GRADING. No grading or earth-disturbing activities shall be initiated in hillside areas between October 1 and April 15 of each year unless approved by the Town Engineer. 84.RETAINING WALLS.A buildingpennit,issued by the Building Department at 110 E.Main Street,may be required for site retaining walls.Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading pennit plan review process. 85.SURVEYING CONTROLS.Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying,for the following items: a.Retaining wall--top of wall elevations and locations. b.Toe and top of cut and fill slopes. c.Top of future curb along one side of the new street. 86.EROSION CONTROL.Interim and final erosion control plans shall be prepared and submitted to the Engineering Division ofthe Parks &Public Works Department.A Notice of Intent (NOI)and Stonn Water Pollution Prevention Plan (SWPPP)shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre.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 Page 16 of28 landscaping shall be included.Interim erosion control method shall include,but are not limited to:siltfences,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 and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 ofOrder 01-024 of the amended Santa Clara CountyNPDES Permit. 87.DUST CONTROL.Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion ofgrading,and by landscaping disturbed soils as soon as possible.Further,water trucks shall be present and in use at the construction site.All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town,or a minimum of three times daily,or apply (non-toxic)soil stabilizers on all unpaved access roads,parking areas,and staging areas at construction sites in order to insure proper control ofblowing dust for the duration of the project.Watering on public streets shall not occur.Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer,or at least once a day.Watering associated with on-site construction activity shall take place between the hours of 8 a.m.and 5 p.m.and shall include at least one late-afternoon watering to minimize the effects of blowing dust.All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town.Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts)exceed 25 MPH.All trucks hauling soil,sand,or other loose debris shall be covered. 88.DUST CONTROL (SITES>4 ACRES).The following measures should be implemented at construction sites greater than four acres in area: a.Hydroseed or apply (non-toxic)soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). b.Enclose,cover,water twice daily or apply (non-toxic)soil binders to exposed stockpiles (dirt,sand,etc.) Page 17 of28 c.Limit traffic speeds on unpaved roads to 15 mph. d.Install sandbags or other erosion control measures to prevent silt runoff to public roadways. e.Replant vegetation in disturbed areas as quickly as possible. 89.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 or creeks. 90.UTILITIES.The developer shall install all utility services,including telephone,electric power and all other communications lines underground,as required by Town Code §27.50.015(b).Cable television capability shall be provided to all new lots. 91.UTILITY COMPANY REVIEW.Letters from the electric,telephone,cable,and trash companies indicating that the proposed improvements and easements are acceptable shall be provided prior to recordation of the final map. 92.ABOVE GROUND UTILITIES.The applicant shall submit a 75-percent progress printing to the Town for review of above ground utilities including backflow prevention devices,fire department connections,gas and water meters,off-street valve boxes,hydrants,site lighting, electrical/communication/cable boxes,transformers,and mail boxes.Above ground utilities shall be reviewed and approved by Community Development prior to issuance ofany permit. 93.WATER SYSTEM DESIGN.Water plans prepared by SJWC must be reviewed and approved prior to issuance of any permit. 94.DESIGN CHANGES.The Applicant's registered Engineer shall notify the Town Engineer, in writing,at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans.Any proposed changes shall be subj ect to the approval ofthe Town before altered work is started.Any approved changes shall be incorporated into the final "as-built"drawings. 95.JOINT TRENCH PLANS.Joint trench plans shall be reviewed and approved by the Town prior to issuance of any permit. Page 18 of28 96.RESTORATION OF PUBLIC IMPROVEMENTS.The developer shall repair orreplace 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 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 Access provisions.Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 97 .DRIVEWAY APPROACH.The developer shall install a minimum of one (1)Town standard residential driveway approach for each lot.The new driveway approaches shall be constructed per Town Standard Detail. 98.AS-BUILT PLANS.After completion of the construction of all work,the original plans shall have all changes (change orders and field changes)clearly marked.The"as-built"plans shall again be signed and "wet-stamped"by the civil engineer who prepared the plans, attesting to the changes.The original "as-built"plans shall be review and approved the Engineering Inspector.A Mylar and AutoCAD disk of the approved "as-built"plans shall be provided to the Town before the Faithful Performance Security or Occupancy Permit is released.The AutoCAD file shall include only the following information and shall conform to the layer naming convention:a)Building Outline,Layer:BLDG-OUTLINE;b)Driveway, Layer:DRIVEWAY;c)Retaining Wall,Layer:RETAINING WALL;d)Swimming Pool, Layer:SWIMMING-POOL;e)Tennis Court,Layer:TENNIS-COURT;f)Property Line, Layer:PROPERTY-LINE;g)Contours,Layer:NEWCONTOUR.All as-built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 99.SANITARY SEWER LATERAL.Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line of each new lot. Page 19 of28 100.SANITARY SEWER BACKWATER VALVE.Drainage piping serving fixtures which have flood level rims less than twelve (12)inches (304.8 mm)above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve.Fixtures above such elevation shall not discharge through the backwater valve,lmless first approved by the Administrative (Sec.6.50.025).The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve,as defined section 103 (e)ofthe Uniform Plumbing Code adopted by section 6.50.010 ofthe Town Code and maintain such device in a functional operating condition.Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 101.CURB AND GUTTER.The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction ofthis proj ect.New curb and gutter shall be constructed per Town Standard Detail.The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase ofthe project. 102.SITE DRAINAGE.Rainwater leaders shall be discharged to splash blocks.No through curb drains will be allowed. 103.NPDES.On-site drainage systems shall include a filtration device such as a bio-swale or permeable pavement. 104.STORM WATER MANAGEMENT PLAN.A storm water management shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of Order 01-024 of the amended Santa Clara COlmty NPDES Permit.The plan shall delineate source control measures and BMP's together with the sizing calculations.The plan shall be certified by a professional pre-qualified by the Town.In the event that storm water measures proposed on the Planning approval differ significantly from those certified on the Building/Grading Permit,the Town may require a modification ofthe Planning approval prior to release of the Building Permit.The applicant may elect to have the Planning submittal certified to avoid this possibility. Page 20 of28 105.FENCING.Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 106.CONSTRUCTION NOISE.Betweenthehoursof8:00 a.m.to 8:00p.m.,weekdays and9:00 a.m.to 7 :00 p.m.weekends and holidays,construction,alteration or repair activities shall be allowed.No individual piece ofequipment 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. 107.GOOD HOUSEKEEPING.Good housekeeping practices shall be observed at all times during the course of construction.Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours.The storing ofgoods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. 108.HAULING OF SOIL.Hauling of soil on or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m.and 9:00 a.m.and between 4:00 p.m.and 6:00 p.m.).Prior to the issuance of a building permit,the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or ff the proj ect site.This may include,but is not limited to provisions for the developer/owner to place construction notification signs noting the dates and time of construction and hauling activities,or providing additional traffic control.Cover all trucks hauling soil,sand,and other loose debris or require all trucks to maintain at least two feet of freeboard. 109.EXISTING WATER WELLS.Prior to issuance of any permit,all existing wells affected by this project shall be identified and properly registered with the Disttict,and either be maintained or destroyed in accordance with District standards.Destruction of any well and the construction of any new wells proposed,including monitoring wells,require a permit from the District prior to construction.Property owners or theirrepresentative should contact the District Wells and Water Production Unit at (408)265-2607,extension 2660,for more information. Page 21 of28 110.OFFSITE EASEMENTS.Formal easements and/or agreements shall be recorded concurrently with the Final Map documenting the following: a.Emergency Access rights to Shannon Road via private driveways. b.Emergency Access rights to Blossom Hill Road via Francis Oaks Way if an emergency access road is approved. c.Public Access rights through 15777 and 15769 Shady Lane for a off-street trail. Additional rights through 15980 Short Road and 104 Angel Court are also required if not already in-place. d.Waterline easement rights as required including,but not limited to,Francis Oaks Way and the Ganal,Greiner,and Moffat properties. 111.SHADY LANE TRAIL.An off-site trail shall be provided between existing trail facilities near the intersection of Shady Lane &Short Road and the project site.The specific trail alignment shall be detennined during Architecture and Site review ofthe infrastructure and shall be reflected on the Tentative Map. 112.ONSITE TRAILS.On-site trails shall be provided generally as specified in Figure 3 of the Los Gatos Hillside Specific Plan and as shown on the Official Development Plans.The specific trail alignments shall be determined during Architecture and Site review of the infrastructure and shall be reflected on the Tentative Map.The trail connection shown in Figure 3,connecting the proj ect site and Blossom Hill Road,shall terminate at the ridge line and not extend fully to Blossom Hill Road. 113.TRAIL SPECIFICATIONS.On-Site trails shall be as wide as 6-feet where practical.Trail width may be reduced to 4-feet in locations where a 6-foot width would require retaining wall,grading beyond the edge of trail,or would result in a maximum combined cut and fill depth of 2-feet.Vertical earth slopes of up to I-foot high may be utilized to maximize trail width.Trailhead signage and gates shall be provided per Midpeninsula Regional Openspace standard details. 114.UTILITY COMPANY REVIEW.Prior to recordation ofthe Final Map,the applicant shall submit letters from SJWC,WVSD,ans PG&E stating that they have reviewed the map and have no objection to recording the map. Page 22 of28 115.SANITARY SEWER EJECTOR PUMPS.Sanitary sewer ejector pmnps shall be provided at Lots 9,12,14,17,and 21.A rear lot sewer gravity sewer will not be allowed. 116.ACCESS TO PARCEL 527-12-002. A 40-foot right of way shall be dedicated across Lots 19 and 21 to create future access to parcel 527-12-002 (Greiner parcel).A No Access easement in favor of the Town shall be recorded across the full right of way width at the project site bOlmdary.Town Cmmcil must approve the removal ofthe No Access easement. The right of way and No Access easement shall be reflected on the Tentative Map. 117.NO ACCESS EASEMENT.Prior to recordation ofthe Final Map,the applicant shall enter an agreement with The Town of Los Gatos specifying the conditions for removal ofthe No Access Easement across Lots 19 and 21. 118.OFFSITE WATER ALIGNMENT.Detailed off-site water alignment alternatives shall be studied for conformance with the Town's Hillside Development Standards &Guidelines (HDS&G)during the Architecture and Site review ofproject infrastmcture.The applicant shall implement the alternative that best conforms to the HDS&G as determined by the Town. 119.NEW WATER SYSTEM.The properties shown on the map attached as Exhibit C shall be connected to the new water system. 120.ELIMINATION OF SHADY LANE MUTUAL WATER COMPANY.The applicant shall provide public water and public fire hydrants to all members of the Shady Lane Mutual Water Company.The applicant shall provide all necessary water infrastmcture up through the water meter at no cost to the residents.The residents shall be responsible for any improvements between the meter and the house (such as storage facilities,pressure pumps, piping,etc.).The residents will also be responsible for dissolution of the existing water company including any applications to the State or Local agencies,and demolition of existing facilities,if any.The water system shall be installed prior to issuance of the first occupancy permit for the project. 121.MAINTENANCE OF PUBLIC FACILITIES.Prior to recordation of the Final Map,the applicant shall enter into a maintenance agreement with the Town.The Homeowner's Association shall maintain all landscaping within the public right ofway for the new on-site Page 23 of28 roadways,as well as landscaping within the Shady Lane extension west of the project site boundary,and shall perfonn routine maintenance on the public stonn drain system within the project boundaries.The Town shall be responsible for stonn drain infrastmcture repairs. The agreement shall include provisions to address paragraph C.3 of the Town's Regional Board pennit. 122.FUTURE STUDIES.Any post project traffic or parking counts,or other studies imposed by Plapning Commission or Town Council shall be ftmded by the applicant. 123.PLAN CHECK FEES.Plan check fees shall be deposited with the Town prior to submittal of plans to the Engineering Division of the Parks and Public Works Department. 124.INSPECTION FEES.Inspection fees shall be deposited with the Town prior to issuance of any Pennit or recordation of the Final Map. Parks Division 125.AERATION TUBES.All impervious surface encroaching lmder the dripline of existing trees shall have aeration tubes installed and these tube locations shown on the plans. 126.IRRIGATION.All newly planted landscaping shall be irrigated by an in-ground irrigation system.Special care shall be taken to avoid irrigation which will endanger existing native trees and vegetation. 127.BUILDING FOUNDATIONS:Any buildings under the drip line of existing trees shall have a foundation built from pier and grade beam to minimize impaction on existing trees. 128.TREE STAKING:All newly planted trees are required to be double staked to Town standards. 129.GENERAL.All existing and newly planted trees shown on the plan are specific subjects of approval of this plan and must remain on site. 130.IRRIGATION SYSTEM.Water efficient irrigation systems shall be utilized to conserve water in all proj ect irrigation of publicly landscaped areas. 131.WATER EFFICIENT ORDINANCE.This proj ect is subject to the Town's Water Efficient Ordinance.A deposit of $5,000 is required when the landscape,irrigation plans,and water calculations are submitted for review.The review fee will be based on actual cost. Page 24 of28 132.TREE PROTECTION.Tree protection fencing shall be placed at the drip line of existing trees to be saved in the area of constmction.Fencing shall be four feet high chain linle attached to steel poles driven two feet into the ground when at the drip line ofthe tree.Ifthe fence has to be within eight feet of the trunk of the tree a fence base may be used,as in a typical chain linle fence that is rented.The fencing must be inspected and approved by the Parks Superintendent and must be installed prior to issuance of a grading andlor building permit. 133.ORNAMENTAL LANDSCAPING.All formal landscaping shall be within 30 feet of the perimeter of the houses.Any planting beyond the 30-foot perimeter shall be native vegetation that is drought and fire resistant,and planted in natural clusters. 134.LANDSCAPE GUIDELINES.The adopted landscape guidelines and plant lists shall be incorporated into the CC&Rs for the project. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 135.**HAZARDSANDHAZARDOUSMATERIALSMITIGATIONMEASURE4.5-2a.Trees should be pruned to ensure that branches do not overhang roofs of proposed homes,and understory vegetation (brush or shmbs)under existing trees should be cleared. 136.**PUBLIC SERVICES AND UTILITIES MITIGATION MEASURE 4.11-2.The project shall meet all Department requirements in order to mitigate the project's increased demand on fire protection services. 137.AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED.New homes shall be protected throughout by an approved automatic fire sprinlder system,hydraulically designed per National Fire Protection Association (NFPA)Standard #13d. 138.FIRE HYDRANTS REQUIRED.Provide fire hydrants at locations to be detennined jointly by the Fire Department and San Jose Water Company.Hydrants shall have a minimum single flow of 1,000 GPM at 20 psi residual,with spacing not to exceed 500 feet.Prior to applying for building permits,the applicant shall provide civil drawings reflecting all fire hydrants serving the site.The final determination ofplacement and number ofhydrants shall be to the satisfaction of the Dire Department. Page 25 of28 139.FIRE HYDRANT LOCATION IDENTIFIER.Prior to project inspection,the general contractor shall ensure theat an approved ("Blue"Dot")fire hydrant location identifier has been placed in the roadway as directed by the Fire Department. 140.TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS.Installations of required fire service(s)and fire hydrants (s)shall be tested and accepted by the Fire Department,prior to the start of framing or delivery of bulk combustible materials.Building permit issuance may be withheld lmtil required installations are completed,tested,and accepted. 141.FIRE APPARATUS(ENGINE)ACCESS ROADS.Provide access roadways with a paved all weather surface and a minimum lmobstructed width of 20 feet,vertical clearance of 13 feet 6 inches,minimum circulating turning radius of36 feet outside and 23 feet inside,and a maximum slope of 15%.Installations shall conform with Fire Department StandardDetails and Specifications A-I. 142.FIRE APPARATUS (ENGINE)TURN-AROUND.Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications A-I. Cul-de-sac diameters shall be no less than 72 feet. 143.TIMING OF REQUIRED ROADWAY INSTALLATIONS.Required driveways and/or access roads up through first lift of asphalt shall be inspected and accepted by the Fire Department prior to the start of construction.Bulle combustible materials shall not be delivered to the site until installations are complete.During construction emergency access roads,shall be maintained clear and lmimpeded.Note that building permit issuance may be withheld until installations are completed. 144.EMERGENCY GATES/ACCESS GATES.Gate installations shall conform with Fire Department Standard Details and Specifications G-1 and when open,shall not obstruct any portion of the required width for emergency access roadways or driveways.Locks,if provided,shall be Fire Department approved prior to installation.This condition applies to single family home sites as well as gated emergency access roadways. 145.PARKING ALONG ROADWAYS.The required width of fire access roadways shall not be obstructed in any manner and parking shall not be allowed along roadways less than 28 Page 26 of28 feet in width.Roadwaywidths shall be measured curb face to curb face,with parking spaces based on an eight foot width. 146.FIRE LANE MARKING REQUIRED.Roadways deemed necessary to facilitate emergency vehicle access shall be identified in accordance with Fire Department Standard Details and Specification A -6 and Local Government Standards.This condition shall apply through the length of access roads as well as at emergency access roadway gates. 147.REQUIRED ACCESS TO BUILDINGS.Provide access to all portions of all residences within 150 feet travel distance from fir apparatus access points. 148.PREMISE IDENTIFICATION.Approved numbers or addresses shall be placed on all new and buildings in such a position as to be plainly visible and legible from the street or road fronting the property.Numbers shall contrast with their background. 149.EMERGENCY ACCESS ROADWAYS.Emergency access roadways shall conform to Standard Detail and Specification A-4 regarding circulation radius,gradient and pavement widths. 150.WATER SYSTEM.San Jose Water Company shall provide plans for the new water system to the Fire Department upon completion of engineering and system design.The applicant shall help facilitate this. TO THE SATISFACTION OF THE POLICE CHIEF: 151.**PUBLIC SERVICES AND UTILITIES MITIGATION MEASURE 4.11-3.Theproject shall comply with Police Department's specified basic requirements. Page 27 of28 SECTION VI This Ordinance was introduced at a regular meeting ofthe Town Council ofthe Town ofLos Gatos on December 19,2005,and adopted by the following vote as an ordinance ofthe Town ofLos Gatos at a meeting ofthe Town Council ofthe Town ofLos Gatos on ,2006 and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS,CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS,CALIFORNIA N:\DEV\ORDS\ShadyLane-Highlands-TC.wpd Page 28 of28 TOWN OF LOS GATOS Exhibit A ! .Application No.PO-04-03 Change of zoning map amending Town Zoning Ordinance Zone Change from HR-2 1/2 to HR-2 1/2:PO A pp (r'D v'€..d by Planning Commission Date ~)ov·IS,2D05 Approved by Town Council Date Ord. Town Clerk Mayor ~/I~I1)1~98~ \ 11 16065 16095 \ \ I \ \ \ \ \ , ~--- ••• 15455 r--\1 I !I '"''\I \ ....~ / i I / / / ~. ( 15291 U 4-l 'M ,.0 'M "~,; ,~f L / 10;0; 1 A -P PEA RAN C E S: ----~~--------_.-.__._.-. 1 PRO C E E DIN G S: 2 6 that being that this is going to be a long hearing that we 7 a five-minute begin.take recess before we Or do we want to B just dive in? COMMISSIONER KANE:Let me ask you a question.DO 10 you think we can finish it tonight?Because if we can't, 11 I'd rather do it with a larger body. 12 CHAIR BURKE:I think we've noticed this.I think 2 4 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Los Gatos Planning Commissioners: Director of Community Development: Assistant Director of Community Development: Town Attorney: Transcribed by: Michael Burke,Chair John Bourgeois Michael Kane Phil Micciche Tom O'Donnell Lee Quintana Joanne Talesfore Bud Lortz Randy Tsuda Orry Korb Vicki L.Blandin 5500 Van Fleet Avenue Richmond CA 94804 (510)526-6049 _4 5 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BURKE:I'd like the record to show that Commissioner Micciche is leaving,and Commissioner Bourgeois is recusing himself.I'm also going to recommend we need to take testimony.I think we need to try to ge~ through it.I question whether or not,based on the size of the packet and the amount of information,whether we're going to do it,because I know this Commission doesn't make good decisions after 11:00,but I think we have to try. DIRECTOR LORTZ:And if you're unable to make a decision this evening,then-you could continue it to-and I'm suggesting the week of the 14th ,perhaps the 16 th ,which is next Wednesday-to give you additional time.That's a decision of this Commission.Let it be clear that the applicant is asking for a decision to be rendered in short LOS GATOS PLANNING COMMISSION11/9/2005 Item #3,Terminus of Shady Lane 1 LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 2 ____0_'~<00,'.._ 1 order,whether that be tonight or whether that be next 1 COMMISSIONER QUINTANA:Next Tuesday. 2 week,or soon.2 CHAIR BURKE:Next Tuesday is all right with me. 4 6 7 10 11 12 13 14 COMMISSIONER KANE:Your staff called today asking for alternative dates and I volunteered tomorrow, Friday,Monday,Tuesday,let's just do it.But if we can do it in one sitting,why do it in two? DIRECTOR LORTZ:It's your prerogative.The town Attorney and I have been to a couple of meetings this week, and I know we'd be reluctant to go to another one,but it's your prerogative. COMMISSIONER QUINTANA:And Mr.Lortz,on the dates,I thought I was given the date of November 15 th •Is that not correct? 4 5 6 7 10 11 12 13 14 COMMISSIONER QUINTANA:It makes no difference to me.I'm leaving tomorrow morning on a vacation. CHAIR BURKE:Commissioner O'Donnell. COMMISSIONER O'DONNELL:That's fine. CHAIR BURKE,So let's make it for next Tuesday. DIRECTOR LORTZ,We wish Commissioner Quintana a great vacation if this item is continued,and next Tuesday it is. COMMISSIONER QUINTANA:However I do have a comment to make.If this is going to be continued,then I have an early morning flight to take and I don't ...you 15 DIRECTOR LORTZ:The 16 th was next Wednesday,but 15 know. 16 any time next week would be okay.16 DIRECTOR LORTZ:Don't know.There will be a 17 18 the 16 th • COMMISSIONER QUINTANA:Okay.I would prefer not 17 18 public hearing though and we'll hear from these folks,as many as we can tonight. 19 20 21 22 23 24 25 CHAIR BURKE:Can we pick a contingency date?I'm looking at this crowd here and I don't want to disappoint them,but I also realize people are probably here because they want to speak and I know that's going to take time.So can we pick a contingency date before Mr.Micciche leaves? DIRECTOR LORTZ:It's up to the Commission. 19 20 21 22 23 24 25 CHAIR BURKE:Let's hear from the applicant.You can ask any questions of the applicant you wish,and we'll hear from the public,and I think we can get through that. Whether or not we can get through our deliberations,our questions,our concerns,based on the size of the packet LOS GATOS PLANNING COMMISSIONll!9!2005 Item #3,Terminus of Shady Lane 3 LOS GATOS PLANNING COMMISSIONll!9!2005 Item #3,Terminus of Shady Lane 4 1 and the amount of new information we had this weekend.1 Application PD-04-3 and Environmental Impact Report EIR-04- the FTR. to lose one commissioner tonight. DIRECTOR LORTZ:But Commissioner Micciche would be able to bring himself back up to speed by listening to Before the applicant comes up,is Staff going to mitigation monitoring,and the recommendation to Council. And then we'll ask the applicant to come up and give a they might say a few things on what the Commission's role is here tonight as far as the Environmental Impact Report, make a brief presentation?It was my understanding that 001. 6 7 9 4 2 On the headcount again.COMMISSIONER O'DONNELL: We're going to lose one commissioner tomorrow.We're going commissioner O'Donnell. 5 14 Council.The Council will then hold a complete new public COMMISSIONER O'DONNELL:Fine. 10 CHAIR BURKE:And just for the people in the 11 audience now,I'm going to state this and Mr.Korb or Mr. 12 13 Lortz can correct.If we do continue this to Tuesday,there 14 will not be a new notification and there shouldn't be a new 10 11 12 13 presentation. DIRECTOR LORTZ:Just briefly that this application involves a number of applications,all of which are going to be a recommendation by this Body to the 15 Staff Report unless we have any new desk items to go with 16 it. 15 hearing on the matter. 16 The only comment that I'd like to add,and the 17 DIRECTOR LORTZ:Correct. 17 applicant will reiterate this,is the applicant has 18 CHAIR BURKE:So do we want to take a five-minute 18 requested that a decision be rendered soon.I respect the 19 20 21 22 23 24 25 recess?Yeah.Let's make it an eight-minute recess and reconvene at quarter to ten. (Meeting resumes eight minutes later.) CHAIR BURKE:I would like to welcome everybody back to our resumed meeting here.It brings us to Item #3, which is the Terminus of Shady Lane,Planned Development 19 20 21 22 23 24 25 Planning Commission's eagerness to accommodate that,but wanting to do the right thing in terms of due diligence and effort.So if this item needed to be continued,it would be continued to next Tuesday without a public hearing notice. Also the applicant was aware that there were a number of people that were going to be here tonight and has LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 5 LOS GATOS PLANNING COMMISSIONll/9/200S Item #3,Terminus of Shady Lane 6 1 tried to work in such a way that would accommodate more 1 CHAIR BURKE:Okay.Having seen those 2 3 4 5 time for the Planning Commission by asking people that are supportive of the project just to raise their hands rather than to have each individual speak.That concludes our comments. 2 4 5 disclosures,is the applicant and/or his representative available?And also is the environmental consultant available in case we have questions for them? DIRECTOR LORTZ:The entire team is here. 10 11 CHAIR BURKE:Okay,I am going to disclose that I visited the property I believe it's three times now.The most recent was today with the applicant,and this time he didn't scare me while driving around.Oh,is Commissioner Quintana back?Okay,I thought that we'd lost you.Any CHAIR BURKE:Excellent.Thank you.So Mr.Harris 7 and Mr.Fox,do wish to make a presentation?And being that this is a big project,I guess it's under my purview to let him have ten minutes instead of five?My prerogative,so 10 you guys have ten minutes.Live it up if you want. 11 12 other disclosures any of the other commissioners wish to 12 SANDY HARRIS:I'd like "to address the Commission 13 make?Commissioner Talesfore.13 tonight.At this juncture we've meet all our obligations, 14 COMMISSIONER TALESFORE:I've also visited the 14 we've complied with the Hillside Standards,we've met with 15 property four times I think.15 our neighbors and met with the community and have done our 16 CHAIR BURKE:Commissioner Kane.16 due diligence with the neighbors and the community.We have 17 COMMISSIONER KANE:I visited the property twice.17 the community'S support.We have the Staff's support,and 18 CHAIR BURKE:Commissioner O'Donnell.18 we have the support of the community. 19 COMMISSIONER O'DONNELL:I have not.19 At this point,rather than making it a big,long 20 21 Quintana. CHAIR BURKE:You have not.Commissioner 20 21 speech that I had written out,we are hopeful that we're going to get some sort of a recommendation or hoping it's a 22 23 24 25 COMMISSIONER QUINTANA:I visited the property twice and viewed it from outside the property line once. LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 7 22 23 24 25 positive one from the Commission. I think we've got the best project we could have possibly come up with for this location.It is a location LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 8 1 that is ripe for development.You've all been up there and seen it.It has the roads and whatnot already in place. 1 2 DAVID FOX:I have that very thing right in front of me.Oh,by the way,that was Sandy Harris.speaking,the And we've been very sensitive as to where we've 3 owner and developer of the Highlands of Los Gatos. impact on grading. an Environmental Impact Report that has less than placed each of the building envelopes for the houses so proj ect of this size.But what I'm hopJng is·that the that we took a look mainly at tree impacts and the the least impacted area.The way that we developed them was Yeah,Commissioner Quintana,I actually wrote What the dotted lines on the plan with the lot minimization of grading to place those envelopes. the footprint of the house will be required to be located. allowable footprint would be,therefore the rest of the something up because I thought I might be asked.The envelopes on the lots where they would have in the LRDA and numbers inside of them represent would be the place where Those envelopes are larger by quite a bit than any envelope will more than likely be used for outdoor genesis of the building envelopes was this:we placed the6 7 4 5 8 12 11 15 10 16 14 13 17QuestionsatthistimeoftheCHAIRBURKE: At this point,with the accomplishments we've had that they minimize the impact on the trees and minimize the built.Thank you. project to become a reality so these folks can stay home significant impacts in it:;,which is quite a feat for a and enjoy the benefits of that and we can get our community over the past three years,we have a project that now has Commission recognizes this accomplishment and allows this 5 7 12 15 11 10 16 13 17 envelope and the buildable area? to me the difference on the plans between the building applicant?I only have one speaker card.Commissioner18 20 21 22 23 Quintana. COMMISSIONER QUINTANA:Could you please explain 18 19 20 21 22 23 amenities such as patios and walks. But if there are larger structures that require more grading,such as pools let's say,we'll have to look at the place on the lot where they would make the least impact,and that may be outside of that dotted line with the lot number inside of it. 24 24 25 25 LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 9 LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 10 ._---I ~---------~-~~- Lot 5 and Lot 19 are perfect examples of that, where the dotted envelope is sloped,the house would be put 1 2 COMMISSIONER QUINTANA:But you're saying that the formal landscaped area and structures would be within 4 on a slope.But there are two areas on both of those lots that are much,much flatter,and if there were a large 4 that envelope? DAVID FOX:What I'm saying is that more than 10 11 12 14 element perhaps it could be placed in that area,but it's definitely outside of the dotted area. COMMISSIONER QUINTANA:SO are you suggesting actual footprint sizes within the building envelopes? DAVID FOX:Are we proposing ~hem right now? COMMISSIONER QUINTANA:Conceptually,some idea, because usually when we see a building envelope we get a submittal for a house that fills the building envelope before we even start with the landscaping. 5 6 7 8 10 11 12 likely most of the structures would be,because theylre going to be attached to the house,they're going to have patios next to the house.But if there are structures that would be better placed outside of that envelope that our landscape features,then they'd be placed outside. If someone would want a pool,for instance,and the only area behind the house was a very sloped areal but there was another location on the lot that was much flatter,it doesn't make any sense to build a pool where 15 DAVID FOX:We can't fill the building envelopes 15 you're going to need a tremendous amount of grading. 16 17 with a house;that wouldn't be allowed.The envelopes are much,much larger than any house that would be approved.So 16 17 COMMISSIONER QUINTANA: bit.The formal landscaping ... Let me rephrase a little 18 what we were trying to do there was allow whatever house is 19 going to be built in the future to be moved around within 20 that envelope,for instance for visibility let's say.You 18 19 20 DAVID FOX:What do you mean by formal landscaping? COMMISSIONER QUINTANA:Help me here.We have a 21 could move it around within the envelope so you could 21 definition of 30'from the structure? 22 mitigate a visibility issue for instance. 22 RANDY TSUDA:Yes.In the Hillside Standards and 23 24 25 LOS GATOS PLANNING COMMISSION11/9/200S Item #3,Terminus of Shady Lane 11 23 24 25 Guidelines they have a series of landscape policies saying that the highly ornamental or formal landscaping need to be LOS GATOS PLANNING COMMISSION11/9/2005 Item #3,Terminus of Shady Lane 12 1 within 30'.That's in your adopted Hillside Standards and 1 COMMISSIONER QUINTANA:I'm not talking about for 2 4 5 7 10 11 12 that would apply to this project. COMMISSIONER QUINTANA:And does that 30'include walkways,retaining walls,et cetera,so that beyond that we don't have lots of hardscape,or does that just refer to grass and ornamentals. RANDY TSUDA:That specific section-refers to the landscape treatment.Now you have other sections that talk abo~t consolidating the amount of-improvements and alternations to cluster around the existing home,and they need to be within the LRDA. 2 4 5 6 7 9 10 11 12 the house,but development is development,and my understanding,and Staff,please correct me if I'm wrong, is supposed to be within the least restrictive development area?And why is there a difference between the least restrictive development area and the buildable area? SANDY HARRIS:I'd like to make a comment on that.Miss Quintana,the Hillside Standards and Guidelines were developed for guidelines,and that's what they are is guidelines.Each development has its own set of criteria. This development for example,if it has a 13 COMMISSIONER QUINTANA:Okay,so that's my second 13 driveway that's 100'long and you have a requirement saying 14 question.The buildable area that you show on your plans is 15 not consistent with the area that you've identified as the 16 least restrictive development area,and since you're saying 17 you may be able to building within that area ... 14 15 16 17 you can only landscape to 30'and the other 70'of your driveway can't be landscaped,that's not what we're proposing here.We're not going to have a scenario where there's weeds coming all the way up to the landscape,and 18 DAVID FOX:On what lot specifically is the 18 then because the Hillside Standards say you can only have 19 20 21 22 23 24 25 envelope not in the least restricted development area? COMMISSIONER QUINTANA:Not the envelope,but the buildable area extends beyond the least restrictive development area. DAVID FOX:But not for the house. LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 13 19 20 21 22 23 24 25 30'of landscape,that's where it starts. Now the buildable envelope where the house goes, that is only for the house and the footprint of the house. The other area we surrounded that with is where we're restricting people on a two-and-a-half acre or a three-acre lot,they may have an acre and a tenth that they can maybe LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 14 1 put some sort of landscape or use for their actual use.The COMMISSIONER QUINTANA:Are you aware that the 2 other part they cannot because it's scenic open space.We don't want to take the entire lot other than just the house 2 Hillside Design Guidelines state that pools and sports courts are prohibited above 30%slope? 4 and 30'around it and make that just the landscape area.4 DAVID FOX:The areas on Lot 19 and Lot 5 are 5 6 7 10 11 COMMISSIONER QUINTANA:We're talking about two different things.Formal landscaping within 30'... DAVID FOX:Is Hillside Standards. COMMISSIONER QUINTANA:...landscaping can extend beyond that. DAVID FOX:Right. 6 10 11 well under 30%;in fact they're probably not 10%. COMMISSIONER QUINTANA:Yes,but I'm going to say this one last time and then I'm going to let it go.What you've identified as the buildable area of the lot,not the building envelope,contains areas that are above 30%slope. DAVID FOX:Every single application has to go 12 COMMISSIONER QUINTANA:Not formal landscaping,12 before A&S.I am sure that that would be guided to the 14 but landscaping is different then buildable structures,and retaining walls,et cetera,those kinds of things are 13 14 areas that are the least restricted.I have to respectfully disagree with you. 15 buildable structures and they're supposed to be within the 15 COMMISSIONER QUINTANA:Yeah,and I have to say 16 LRDA.16 that we are setting a planned development zoning that 17 DAVID FOX:Right,but it depends on the 17 establishes where what can go,and we have to make the 16 19 20 21 22 23 24 25 structure that you're talking about too.We were talking about homes when we were doing the envelopes.A pool is an at-grade structure.It is an at-grade structure.Like on Lot 19 or Lot 5 when I was there with you,there was a better place to put a pool,if someone desires a pool,than right behind the house within the envelope,because that would cause a lot of grading. LOS GATOS PLANNING COMMISSIONll!9!2005 Item #3,Terminus of Shady Lane 15 18 19 20 21 22 23 24 25 finding that this is all consistent with the Hillside Guidelines.That's it. CHAIR BURKE:Commissioner O'Donnell,do you have questions of the applicant at this time? COMMISSIONER O'DONNELL:I want to follow up on the question Commissioner Quintana just asked,but I want to direct it to Staff.Gentlemen,the question that was LOS GATOS PLANNING COMMISSION11!9!2005 Item #3,Terminus of Shady Lane 16 1 just asked,can I get some help from you two over there?1 LRDA but can be within the outside of the building 2 Because what Lee is saying and what I'm getting for an 2 envelope. DAVID FOX:That's correct. DAVID FOX:That's right. COMMISSIONER QUINTANA:Look at Sheet 222 and within the LRDA,is·that what you're saying? So long as they stayCOMMISSIONERO'DONNELL: COMMISSIONER QUINTANA:Can I respond to that? There's a third element that is shown on here. CHAIR BURKE:Which sheet are you on,so we can all follow you? Sheet 322 and superimpose the two over each other.The buildable area that's identified on Sheet 22 goes beyond the least restrictive development area that's identified on 7 4 6 5 14 11 12 10 13 You have conceptual building envelopes RANDY TSUDA:I'm having difficulties putting the identified.The homes would be located within those conceptual building envelopes;those are located within the two conversations together,but let me just reiterate official development plan. Staff's understanding of what's been proposed in the on it? LRDA.You also have areas that are within the LRDA but are outside of the building envelopes,and in those areas .could answer seems irreconcilable.could somebody shed some light 4 5 7 12 10 11 13 14 16 could be formalized landscaping. 15 in some cases,depending on where the house is located,15 Sheet 322. COMMISSIONER QUINTANA:Yes. That's what the applicant CHAIR BURKE:But that's what you're referring to? COMMISSIONER QUINTANA: is defining. landscape area? CHAIR BURKE:Let me clarify what I read,or I'll read it and we'll get Staff.By the buildable lot area you are looking on the legend at the third item down,correct? That's what you're defining as the buildable lot and 24 16 20 18 23 25 19 21 22 17There's a tier-two of landscaping,which is Also the same thing with pools.pools and patios, It's still planted,but it is more indigenous to the area. landscaping that is more indigenous to the natural area. again,outside of the building envelope,but within the all those kind of site alterations need to be within the Those types of landscapings and those tiers could be, LRDA. 21 22 19 18 24 20 23 25 17 LOS GATOS PLANNING COMMISSION11/9/2005 Item #3,Terminus of Shady Lane 17 LOS GATOS PLANNING COMMISSION11/9/2 005 Item #3,Terminus of Shady Lane 18 CHAIR BURKE:That particular area is not totally 2 contained with the LRDA. COMMISSIONER QUINTANA:That's correct. l.this and say this is the only place you can put improvements 2 on.But the other area you could probably plant your oak trees,your madrone trees.One doesn't trump the other, structures outside that area,and since I'm not going to be here if the meeting is continued,and I may not be here for is that the implication of Sheet 222,if approved,this part of the planned development indicates that you can have 4 5 6 7 8 CHAIR BURKE:Now,I'm going to ask Staff the question differently,because sometimes that helps. It's my understanding that if we look at this backwards,everything that is not buildable lot and landscape area is a scenic easement,which they can't put a fence up,they really can't do anything.So the area that 4 okay? 5 6 7 9 COMMISSIONER QUINTANA:Yes,but what I'm saying l.0 l.l. l.2 l.3 14 15 Commissioner Quintana is concerned about is non-scenic easement on the lot. COMMISSIONER QUINTANA:That's correct.. CHAIR BURKE:That doesn't mean that they can do what we would call something in that area such as a pool,a deck,a gazebo.It just means that they can't do it outside the area. l.0 J.l. l.2 l.3 l.4 l.5 the whole meeting because I do have to get some sleep tonight,I am going to leave the Commission with the recommendation that the area outside the LRDA be designated as scenic easement. CHAIR BURKE:Could we at this point agree,and have Staff agree,and have the applicant agree,that area outside the LRDA but is inside the bUilding envelope is only 16 RANDY TSUDA:And you cannot do it outside the l.6 for informal ... l.7l.7 LRDA. l.8 CHAIR BURKE:So the area that they can do COMMISSIONER QUINTANA:Not the building envelop, l.8 the buildable area. l.9 improvements,be it a gazebo,be it a retaining wall,a l.9 CHAIR BURKE:Excuse me,that is outside the LRDA 20 bocce court,pool,is the intersection of the buildable lot 2l.area and the LRDA.Is that a safe assumption? 20 but is inside what is called the buildable lot and landscape 21 area is only for low density,natural landscaping and is not 22 COMMISSIONER QUINTANA:So you can build a pool 22 for structures,pools,decks,things like that? 23 and other structures outside of the LRDA?23 COMMISSIONER QUINTANA:Why don't you just call it 24 25 CHAIR BURKE:No,inside the LRDA and only inside the intersection of the two.So you could draw the LRDA on LOS GATOS PLANNING COMMISSION11/9/200S Item #3,Terminus of Shady Lane 19 24 25 the landscape area,and then there's no confusion? LOS GATOS PLANNING COMMISSION11/9/200S Item #3,Terminus of Shady Lane 20 CHAIR BURKE:But I mean I'm just trying to make 1 the most important reason why we have that.We don't want 2 sure you're happy,because·you're right.But I'm just trying 2 them doing anything. to make sure everybody's comfortable with this.Is the rest CHAIR BURKE:No fencing,no nothing? 4 of the commission following?4 DAVID FOX:No nothing. DAVID FOX:No nothing,because what we've 6 8 DIRECTOR LORTZ:Try it a different way.The project has to be compliant with the Hillside Development Standards and Guidelines,so whatever they do,inside, outside,any line that's shown on these plans,have to be compliant with the Hillside Development standards and 5 6 7 8 COMMISSIONER QUINTANA: DAVID FOX:No nothing. COMMISSIONER QUINTANA: No structures? No retaining walls? 10 11 Guidelines. COMMISSIONER QUINTANA:Yes,but we're approving zoning. 10 11 12 done ... COMMISSIONER QUINTANA:Well,this might be ... DAVID FOX:Can I finish,please? DIRECTOR LORTZ:I understand that.If you want a COMMISSIONER QUINTANA:Sorry. 17 I want to be if the development plans were clear and 16 ends up being 100'long.We've encompassed that with in finish.If we have a situation for example that a driveway that area,and there may be areas within that that ...Can I You asked a question;I'd like toDAVIDFOX: 17 15 condition in the PD that says the Hillside Development Standards trumps anything in the conceptual development plan,then that gets to where you want to be.You. COMMISSIONER QUINTANA:It would also get to where16 15 18 included that and there would be no ambiguity.18 finish,please? 19 CHAIR BURKE:I think we·could include that by 19 COMMISSIONER QUINTANA:Yeah. 22 20 what Mr.Lortz said,by reference,and I think we all 21 understand what that means.IS the applicant okay with that? DAVID FOX:Yes,because my feeling is if we were 23 to take and just take LRDA and just designate that,you'd 24 have snakes allover people's property.We made a gentle 25 area around a person's property where beyond that point is 20 21 22 23 24 25 DAVID FOX:Thank you.There's areas within that that are probably going to be greater than 30%,but we didn't define it just with the width of the driveway itself because you have to have some sort of latitude there not for them to put a structure in.They have to come to US LOS GATOS PLANNING COMMISSIONll/9/200S Item #3,Terminus of Shady Lane 21 LOS·GATOS PLANNING COMMISSIONll/9/200S Item #3,Terminus of Shady Lane 22 ~l . first before they come to the Town to get approval of 1 specific house to go beyond that point.It doesn't mean 2 3 4 8 10 whatever they want to do with each individual home. And then we're not saying that the Town's Guidelines and Standards are.being circumvented by what we're proposing because they have to abide by them,and that's going to be in the CC&Rs as ·well.So you already have guidelines that restrict the things you're talking about,and Why you're making an issue of that to that extent,it's handled within our guidelines you have already. 2 4 5 10 11 they can build in that area.But if there's a retaining wall that needs to be used for a driveway or whatever it might need to be used for that's within the guidelines of the Town,then they have a right to do that. COMMISSIONER QUINTANA:Okay,then what I would suggest that we have within this PD,on the actual plan set,clear definitions of what the different areas mean, and call it something other than buildable.You can identify that next to driveways you can have X feet of 12 COMMISSIONER QUINTANA:I should make a 12 landscaping.But leaving it this way leaves it open to 13 14 15 16 17 clarification.I am not referring to the driveways. DAVID FOX:Okay,let me make a clarification. I'm referring to there's more to a home than a driveway, and what I'm saying is we've designated an area that we don't want anybody to go beyond with their fence,if they 13 14 15 16 17 multiple interpretations. RANDY TSUDA:Let me suggest that if this is continued that we can come back with a written proposed condition.If you do like to take action tonight,then between now and then we will try and craft something up. 18 have animals or whatever type of thing.18 DAVID FOX:Mr.Chairman?Just one additional 19 20 21 22 23 24 25 We're going to have the project as a planned development.We have a scheme that we want to use for restoration of the trees,reforesting of the trees,and those sorts of things,and that's going to happen on someone else's property in the scenic easement area.We've designated an area where we don't want whomever has that LOS GATOS PLANNING COMMISSIONll/9/200S Item #3,Terminus of Shady Lane 23 19 20 21 22 23 24 25 thing for Commissioner Quintana.On many of the lots the LRDA is a lot larger than the building envelope for the house.What we were trying to do with the building envelopes was to severely restrict where you could put the house,and in many cases that envelope fits well,well LOS GATOS PLANNING COMMISSIONll/9/200S Item #3,Terminus of Shady Lane 24 1 within what would be the least restrictive development 1 COMMISSIONER QUINTANA:Okay,and yes,I'm aware area,such as on Lot 18,which is almost flat. CHAIR BURKE:You know,I think we're all on the 2 that in most cases the envelopes go beyond the LRDA, although in many of them they hit very close to it or at same page.I'm going to go right back to you,Commissioner 5 4 5 it. DAVID FOX:Yes,ma'am. Quintana. back there because the house would be less visible. that Lot 18,the building envelope goes beyond 30%. DAVID FOX:And that is a proposal.We moved it COMMISSIONER QUINTANA:I have another question CHAIR BURKE:Please continue. COMMISSIONER QUINTANA:In our previous study homes or a model of the project so that the Commission if I may. sessions,there was a request for a graphic analysis of the 9 8 7 6 12 11 10 13 would have a better idea of the visibility of the potential Yeah. That's exactly why we pushed it COMMISSIONER QUINTANA: COMMISSIONER QUINTANA:Actually your plans show DAVID FOX: there. 7 12 13 10 11 14 15 LRDA. COMMISSIONER QUINTANA:And it goes beyond the 14 homes. 15 In the EIR it also states that graphic analysis 16 DAVID FOX:Right. 16 will be provided by the applicant.~re we going to get that 17 COMMISSIONER QUINTANA:I'm not questioning that 17 at this stage,because that's when we need it to really be 18 on that particular lot,because if that is a lot,that seems 18 able to access visibility of lots? 19 more logical. 19 DIRECTOR LORTZ:I'd like to address that.First 20 DAVID FOX:Yeah.20 of all,the visibility,and there isn't anything in the 21 COMMISSIONER QUINTANA:But it is beyond the 21 Hillside Standards by the way,or your guidelines,that 22 LRDA,which is not consistent. 22 have visibility of lots,that has visibility of homes on 23 DAVID FOX:It was probably a poor choice of ~ot,23 those lots which none are proposed on this development at 24 25 because we did shove that one back to limit the visibility. But let me say on the flatter lots,like Lot 2. 24 25 this time.Please take time to read that.It's not in LOS GATOS PLANNING COMMISSIONll!9!2005 Item #3,Terminus of Shady Lane 25 LOS GATOS PLANNING COMMISSION11!9!2005 Item #3,Terminus of Shady Lane 26 1 2 4 5 7 10 11 there.Once the houses are to be designed and developed for the lots,they will corne before A&S and they have to adhere to the Hillside Standards and Guidelines.And we're not suggesting that we're going to circumvent that process.\ And suggesting that a lot might have a visibility issue,has a right to have a visibility issue.You have special guidelines spelled out in your Hillside Standards what the house has to adhere to if that's the case.So as far as saying a house might have some visibility,they can have visibility.That's already written in your Guidelines. 1 2 4 5 6 7 10 11 of the major themes for the Hillside Standards is reduced visibility.Now they don't have particular standards for a lot,but I think it is very reasonable for us to look at the individual lots and say that one's going to have severe Visibility issues. I mean I go back to Kim Haley's lot.We had the choice for a highly visible horne on the ridgeline or we could cut down a bunch of blue oak trees and do a bunch of grading.That was a choice we should have never had to make,and this is the time in the process where we make 12 COMMISSIONER QUINTANA:Can I point out to you 12 sure we don't have to make that choice on any of the lots. 13 one last thing?13 So visibility analysis of the lots in my opinion 14 CHAIR BURKE:I'll go right back to you.I just 14 is critical,because once the lot is vested,you know, 15 16 17 want to follow-up on this.A major theme in our Hillside Guidelines or Hillside Specific Plan and even plans being developed by the county is protecting the view shed, 15 16 17 Staff knows,everybody knows,that lot's going to get built no matter what the visibility issues are. Commissioner Quintana,I give it back to you. 16 visibility.The Hillside Guidelines specifically talk about 16 DIRECTOR LORTZ:If the Commission could just 19 20 21 22 23 24 25 protecting the current views of the hillsides from all vantage points,including the valley,not Whatever the official terms is and I'm drawing a blank on it. I think it would be irresponsible for this Commission to vest a lot that we knew was going to have severe visibility issues when it carne to A&S,because one LOS GATOS PLANNING COMMISSIONll/9/200S Item #3,Terminus of Shady Lane 27 19 20 21 22 23 24 25 identify the lots that they have some concern about,then that information could be forwarded to the Council as part of your recommendation,that you're concerned about the visibility of Lots X,Y,and Z. COMMISSIONER QUINTANA:All of those that are identified in the EIR as being potentially visible. LOS GATOS PLANNING COMMISSIONll/9/200S Item #3,Terminus of Shady Lane 28 1 DIRECTOR LORTZ:Any of the lots?Is that what 1 CHAIR BURKE:Commissioner O'Donnell. CHAIR BURKE:commissioner Kane. 2 3 you're saying? CHAIR BURKE:The ones that are identified in the 2 COMMISSIONER O'DONNELL:Nothing. 15 that recommendation,I think. 14 not,that's the kind of information that we need to make Environmental Impact Report. DIRECTOR LORTZ:So then you have a good Nothing. Mr.Chairman,if I may? RAY DAVIS:I'm the only person who cares? CHAIR BURKE:You're the only person who wishes CHAIR BURKE:Yes? COMMISSIONER KANE: DAVID FOX: CHAIR BURKE:Commissioner Talesfore.Nothing at SANDY HARRIS:In the interest of brevity the only person who wishes to speak on this item. to speak. this time.I have one speaker card and we may only hear one,so we'll get you back up.Citizen Ray,you seem to be 6 7 8 5 4 12 15 13 11 10 14 But in order for us toCOMMISSIONERQUINTANA: that have a potential for a visibility issue,and the reference point,and so you can make that known to the make a recommendation on whether we approve a project or Council.I think what you're really talking about here is a Council would be more than willing to answer that question. policy question of whether or not lots should be approved 6 7 4 5 10 13 12 11 16 RAY DAVIS:(From audience.)Here,here.16 tonight,because I know you folks have had a long night,we 17 COMMISSIONER QUINTANA:I mean I may not be here 17 have decided that our folks here supporting the project did Commissioner Quintana? when the decision is made,but ... CHAIR BURKE:Do you wish to continue, COMMISSIONER QUINTANA:No,I'll give somebody CHAIR BURKE:Please stand up.Use all fingers, everybody that's here to support this project,if you could stand up and wave at the Commission. please. not put speaker cards in,but it doesn't mean nobody here supports this project,and actually at this time if 23 20 18 21 24 22 19 I understood your question.IDIRECTORLORTZ: understood your comment. 22 18 23 20 24 19 21 25 else a chance.25 LOS GATOS PLANNING COMMISSIONll/9/200S Item #3,Terminus of Shady Lane 29 LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 30 "~,~"~-,----,--,,-----~---------------------------- 1 2 'SANDY HARRIS:We could have had all of these people speak tonight. 1 2 CHAIR BURKE:Well,the Town's attorney is not here,so I'm going to indulge myself.Does the crowd want CHAIR BURKE:We appreciate that.3 to hear from Mr.Davis,yea or nay? 4 7 8 SANDY HARRIS:And they are all here to support this proj ect. CHAIR BURKE:We-appreciate that. SANDY HARRIS:So it's not like there's no one that supports it. 4 5 6 7 (Crowd shouts out nay.) CHAIR BURKE:Are you going to honor the request? RAY DAVIS:What was that,a nay? CHAIR BURKE:Nay. RAY DAVIS:That's just what I thought.I'm going 15 decision or not. 14 because it's going to be a long night,whether we get to a 10 11 12 13 CHAIR BURKE:No. SANDY HARRIS:So Citizen Ray,in case you were wondering. CHAIR BURKE:And I want to thank the audience, to speak. 10 MALE:We didn't think we could stop you. 11 12 RAY DAVIS:Now you've got me energized. 13 MALE:Oh no. 14 CHAIR BURKE:Citizen Ray,you have three 15 minutes.Please use it wisely. 16 (Inaudible male voices in the background.)16 RAY DAVIS:You know,I've been doing this for a 17 CHAIR BURKE:I can't comment on that,but 17 hell of a long time. 18 Citizen Ray,I have a speaker card from you.Would you like 18 MALE:We know. 19 20 21 22 23 24 25 your three minutes,sir? RAY DAVIS:(Away from microphone.)Why don't you ask the crowd how they feel?Maybe they don't want to hear anybody on any issue. LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 31 19 20 21 22 23 24 25 RAY DAVIS:Hey,you want the floor? CHAIR BURKE:I would ask the audience to show respect to Mr.Citizen Ray.In all fairness,I think if anybody else was interrupted at the beginning of their speech I'd reset their timer.I'm trying to be fair to everybody.So Mr.Ray,you have three minutes now. LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 32 16 is the number of active debris flows and slides.Do you 1 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RAY DAVIS:Yes,before I was so rudely interrupted.I want to tell yOU I have never seen such a primary example of developer spadework as I see tonight. This lumberyard operator has got every one of you here to approve his proj ect in advance,before the public hearing', before any issues are brought up. I want to tell you people,you are babes in the woods,and I've only got three minutes to show you why,and believe me,you are at risk,those of you who have lovely homes in this area.If you have Mickey Mouse development by a lumberyard operator who doesn't know what the hell he's doing,that'S my estimate.You have your wonderful investments in your home totally at risk and you better wake up before it's too late. CHAIR BURKE:Mr.Ray,you should really be addressing your comments to us. RAY DAVIS:Well I am.can't you hear?You know, I went through this in Orinda,as many of us did.We bought our lovely homes,and 10 and behold homes in the neighborhood went down the hill into the canyon,all because of the scumbags that developed it.And nobody was taking care of the public interest and we were all put at risk. 1 2 3 4 5 7 8 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 Slide stigma was on every property on Zander Drive.When you've got a slide stigma you don't get financing on your house and the price of your home goes down.So you better wake up,because this identified by the USGS,Los Gatos quadrangle as being totally slide prone. This property.Any development here must be to the highest of standards,and you don't give a damn about it.It blows my mind.All you care about is your free lunch and free water.Disgusting.But maybe I can save you.I'm going to try. You still want to hear anything?(Answers of no from the audience.)I can't get through to them. Well okay,let's go forward then.Under the EIR I put some questions there,and the biggest one in my opinion want to leave them unrepaired? CHAIR BURKE:Mr.Davis,your time is up,but please finish the question,because I'm being extremely nice tonight.So I think you did finish the question. RAY DAVIS:Oh no,that's my question and the answer given by the EIR and was incompetent,and I want to tell you why. LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 33 LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 34 1 Commissioner Talesfore,do you have any questions 2 at this time for either the environmental engineer,Mr. 3 Fox,or Mr.Harris? 4 COMMISSIONER TALESFORE:Oh,no. S CHAIR BURKE:Mr.Kane,do you have any questions 6 for the environmental engineer? 1 4 6 CHAIR BURKE:Well your three minutes are up.I have to be fair to everybody because I'm holding time limits. RAY DAVIS:There's nobody else speaking. CHAIR BURKE:I understand. RAY DAVIS:So how can you not be fair to 7 COMMISSIONER KANE:No. 8 everybody? CHAIR BURKE:Because we-have rules and we need 8 CHAIR BURKE:Mr.O'Donnell,do you have any questions of the environmental engineer? 10 to follow those rules.10 COMMISSIONER O'DONNELL:No. 11 RAY DAVIS:(Laughs.)Mickey Mouse.God.But it's 11 CHAIR BURKE:Okay,I will take a question for the 16 chambers.Please sit down. 15 this meeting.I don't want to have you ejected from the 14 is heard in the background.)Mr.Davis,you're disrupting RAY DAVIS:You don't want to hear from me In the original document you talked-about the 8,the "General Plan density alternative,"eliminate one inconsistency of the project because of the nineteenth lot, and the mitigation for that was what you called the,page 5- environmental engineer and then I will pass it over to Ms. Quintana. lot.And you said this alternative would increase the 15 13 17 16 12 14 Mr.Davis,please sit down.(DavisCHAIRBURKE: so important and you don't even want to hear. 13 12 17 18 anyway.Nobody does.what the hell should I care? 18 project's consistency with the Town's General Plan and 19 20 21 22 23 24 CHAIR BURKE:Mr.Harris,being that there is no one else,would you and your team like to come up?I know that there's going to be questions of your environmental consultant,so she may want to come up.And I'm going to start again,if Commissioner Quintana has any more 19 20 21 22 23 24 z~ning ordinance eliminating the lot,and on the next page you basically said,"Elimination of one lot under the General Plan Density alternative would increase the project's consistency with the General Plan ordinance." But in the final draft,and maybe I'm misreading this,it seems you've backtracked on that and kind of say 25 questions at this time,and go down the list again.25 LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 35 LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 36 you can either eliminate the one lot or adopt the PD.Is 2 that correct? 1 it would be helpful to get an idea from the audience of why 2 they're supporting the project and so we could ask VALERIE GEIER:That was a clarification to our questions.That's an aside. 4 determination.The determination was that the project at 19 4 Yeah;I'm still conf~sed,because in reading this, lots was not consistent with the zoning ordinance's slope density calculation. 5 6 the wording makes it sound like either it's a 19 lot PD or it's 18 lots and it's not a PD. CHAIR BURKE:Okay. ordinance's slope density. Plan alternative.It is really to address the zoning. is stated in there as such,and we've shown it as a General DIRECTOR LORTZ:May I respond to that?Basically the PD trumps the slope dens.ity calculation.So you're approving a PD that exceeds the slope density calculation. That's allowed under the Code. COMMISSIONER QUINTANA:Okay,but it's also allowed under the code-this is a question-because I think it says that yes,the PD zoning sets the density. 7 8 10 11 12 But it was consistent with what isVALERIEGEIER: allowed under the General Plan.In speaking with Staff we felt that it wasn't clear in the draft EIR,even though it 11 10 12 13 CHAIR BURKE:So what is your position now,that 13 DIRECTOR LORTZ:Yes. 14 the elimination of a lot makes it more consistent?14 COMMISSIONER QUINTANA:Which means in my mind alternative suggests that a project is environmentally the slope density calculation shows it should be 18.The 15 16 17 VALERIE GEIER:I think that in terms of the EIR,15 16 17 that that gives the opportunity to make it higher or make it lower,and then it goes on to say that it has to be consistent with the General Plan land use policies. 18 superior when it complies with the zoning ordinance and the 18 DIRECTOR LORTZ:Sure. 19 density that's allowed by the zoning ordinance.It can be 19 COMMISSIONER QUINTANA:And in a specific plan. 20 consistent with the General Plan either way.20 Clearly it's okay with the General Plan,because zero to one 21 CHAIR BURKE:Okay.Thank you.Commissioner 21 per acre gives you a huge range. 22 Quintana,it looks you have a question forming.22 DIRECTOR LORTZ:Correct. 23 COMMISSIONER QUINTANA:Well,I have a comment 23 COMMISSIONER QUINTANA:But is it consistent with 24 25 first.I think it's great that the audience doesn't want to have us listen to all their repeated statements,but I think ,.24 25 the land use policies in the hillside specific plan?I have questions about that. LOS GATOS PLANNING COMMISSIONll!9!2005 Item #3,Terminus of Shady Lane 37 LOS GATOS PLANNING COMMISSIONll!9!2005 Item #3,Terminus of Shady Lane 38 -'-~--_._,--------------- 1 I have lots of questions,and actually I wish I 2 could ask Staff some of them before I ask you,but I think my primary concern is my difficulty with the visual 4 analysis,which is so confusing that even after reading it 27 times I'm not really sure what it says,number one. Number two,the biotics analysis and the analysis 1 trees with respect to the tree ordinance and whether that 2 can be mitigated.And then we have another analysis about the biological impacts of removing trees and where they can 4 be replaced to provide mitigation,and the two conflict.I can't see how both can be done. In the one analysis it says to replace the trees 8 10 11 12 13 14 15 16 17 16 19 20 21 about fire safety. Basically these three things tie in together and don't seem to sit well as individual analyses.Now let me give you an example. For fire safety,there's a conflict between trees near sites and fire safety.That's a policy question.The EIR I think should address the question trees near site and all the other things that feed into fire safety.Is there a significant impact and is it mitigated by this project? Conversely,the question about the Town's policy regarding saving trees should be a separate issue and that's the Council's job,to balance the two,but the EIR should clearly identify each significant impact and whether it can be mitigated and whether the mitigation for one impact precludes the mitigation for another impact.I know this all sounds very technical. 7 10 11 12 13 14 15 16 17 18 19 20 21 from the biological standpoint,you use tiny little ten inch pots and they say do it where the eucalyptus trees are and a portion of the grassland so that there's no conflict and no breakup of the mosaic. The tree analysis says we're going to replace them on site,not where that and not where the analysis for the biotic indicates they should be,and is there an ability to do both? Another problem I see with that section,and I should be asking questions,but shoot,I mean it's easier to just say.I can phrase them as questions;it takes more time. You state that you can replace trees at the rate of 100 or 150 per acre,depending on the characteristics of the site.But there's no further analysis of that,~~d then the mitigation and Whether it can be done is based on 100 22 23 VALERIE GEIER:Well I think I understand and we actually (inaudible)that. 22 per acre.If they can't be replaced on site for the biological impacts,then that's a significant impact,and 24 COMMISSIONER QUINTANA:Let me give you an 24 it's not clear to me that this establishes that the 25 example.Under the biotics,we have the analysis of the LOS GATOS PLANNING COMMISSION11!9!2005 Item #3,Terminus of Shady Lane 39 25 mitigation is feasible. LOS GATOS PLANNING COMMISSION11!9!2005 Item #3,Terminus of Shady Lane 40 1 VALERIE GEIER:Excuse me,can we go through this 1 from the time that they're removed to the time that those 2 point-by-point?2 trees mature. 3 COMMISSIONER QUINTANA:Sure.We coordinated that with the arborist because we 4 VALERIE GEIER:Because I think"that you're kind of getting on to other points here and I'd like to clarify this,because these are issues that we considered and 4 wanted to make sure the tree numbers correlated to make sure that we could mitigate and replant on the site.That was a key issue in this,because we wanted to make sure that 7 10 11 12 13 evaluated in the EIR. I'd first like to start with the fire hazards.So on page 4.5-4 we addressed the potential for the fact that that homes are in a high fire hazard area.We identified it as a potentially significant impact,and we identified mitigation measures,and specifically because the houses would be located in woodland areas,we were mindful of the fact that you couldn't remove all the trees around the 7 10 11 13 mitigation could occur completely onsite;otherwise it was a significant and unavoidable impact,so we worked a lot on that issue. COMMISSIONER QUINTANA:Maybe I should ask my questions to Michele Korpos. VALERIE GEIER:Sure,she's right here. COMMISSIONER QUINTANA:Could you tell me how you arrived at the figure of 1.4 acres loss of woodlands? 14 houses to create a defensible fire area,so put mitigation 14 MICHELE KORPOS:The total loss of woodlands was 15 16 17 18 19 20 21 22 23 24 25 measures in specifically that address those issues,and that is that you prune the trees,you keep the branches from overhanging the houses,and those are all specified on that page in Mitigation Measure 4.5-2A. In addition to that,in terms of looking at the trees from a biological standpoint and from an arborist's standpoint,we had the arborist and the biologist working closely together.Michele Korpos is here from Live Oak and she can talk more about the mitigations as they relate to the temporal loss,which has to do with the loss of woodland,the biological productivity loss of the woodland LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 41 15 16 17 18 19 20 21 22 23 24 25 based an average of trees within an acre,and so we're assuming onsite,based on the arborist's report,that there are between 100 to 150 trees,mature oaks,because this .is mostly an oak woodland,on an acre. I would like to say actually that the developer had started out with a tree loss that was much greater than we have arrived at at this point,and so instead of taking out over 500 trees,we're now taking out I think it's 129 trees. LOS GATO~PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 42 2 about not the specific loss of trees,but the loss of habitat? 5 11 4 5 6 COMMISSIONER QUINTANA:But doesn't the EIR talk MICHELE KORPOS:Well we talk about both, actually.So in an ecological standpoint what we're looking at is the value to birds,and bats,and invertebrates,and COMMISSIONER QUINTANA:Okay,here it is.You say 2 that in addition to the loss of mixed oak woodlands,the project would also directly affect approximately 30%,3.1B 4 acres,of the sagebrush,and 50%of the non-native grasslands.So you're using the actual footprints of the houses or where development is going to go on those,but on 8 10 11 12 whatnot that would live among these woodlands. COMMISSIONER QUINTANA:And why do you use that for the loss of woodlands instead of the actual acreage that the trees occupy that are being removed,but for grassland and scrub you use the actual land that's being affected?On part of this document-I'm sorry I don't have the reference to it-you state that most of the area affected is woodlands, 7 9 10 11 12 the woodlands you're not.It seems like you're using apples and oranges,because if you look at the habitat map and superimpose it on the development envelopes ... MICHELE KORPOS:Can you tell us what page you're on when you're referring to the chaparral and the grasslands? COMMISSIONER QUINTANA:4.3-25,the bottom,last 17 there is a table of the habitats onsite,so we have 65%is and in another section you say only 1.4 acres is affected, but a higher percentage of the grasslands and the shrubs are affected.We're talking about two different things.is ...let's see,one divided by 60.I'm not going to be good at math right now. COMMISSIONER QUINTANA:No,you're not getting my 13 14 15 16 MICHELE KORPOS:I'm looking on page 4.3-1,and 13 14 15 16 17 sentence. MICHELE KORPOS:Okay,so what we can say 18 mixed oak woodlands,and native grasslands,and California 19 sagebrush comprise approximately 15 acres apiece. 18 point. 19 MICHELE KORPOS:I understand.So in here it says 21 20 21 COMMISSIONER QUINTANA:And when you say-you probably are more familiar with what page it's on-about the 20 1.4 acres of woodland,and then later on it says approximately 30%,and in parenthesis it says 3.1B acres of 22 23 24 25 acreage of grasslands and chaparral that's been impacted, and the oak woodlands,what page is that on? MICHELE KORPOS:Tree removal impacts is on page 4.3-24. LOS GATOS PLANNING COMMISSION11/9/2005 Item #3,Terminus of Shady Lane 43 22 23 24 25 California sagebrush and 5.6 acres.So the question is what is the percentage of woodlands? LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 44 2 did you arrive at 1.4 acres,because on the grasslands and 11 4 COMMISSIONER QUINTANA:No,the question is how the sagebrush 'it appears that you took ... MICHELE KORPOS:I think I already answered that COMMISSIONER QUINTANA:It probably relates to 2 both visual and biological. CHAIR BURKE:Commissioner Quintana,may I clarify 4 your question of you to make sure I'm following it? 10 11 12 13 14 in the beginning and that was based on a tree density. COMMISSIONER QUINTANA:No,no.Let me finish my question.Let me try and rephrase it.When you look at the habitat map,which is on page 4.3-2.If you superimposed the development plan on that,I believe that-and this is for you to answer-that the three-point-whatever acres of grassland and whatever acres of chaparral includes the roads,the development envelopes,et cetera,for those categories,but it doesn't use that same criteria to define the area of the woodlands that is being affected.Not just replacement value of the trees,but the actual area. 6 7 9 10 13 COMMISSIONER QUINTANA:I know.Okay,go ahead. CHAIR BURKE:I'm going to make sure I understand. Your concern is that while we have a map of woodlands,we're obviously losing more than one-point-whatever acres of woodland,but your concern is that the computation was based on the number of trees we're losing and the density that those trees appear naturally,as opposed to the actual area of woodland we're losing. COMMISSIONER QUINTANA:Because the document states that placing homes within this habitat type reduces the value of the habitat and therefore is not just the 15 MICHELE KORPOS:If you could give me a minute 15 specific trees that are being lost. 16 please.16 CHAIR BURKE:But the first part of my question 17 COMMISSIONER QUINTANA:Yeah,and while you're 17 was your concern pretty much? 18 looking for it I'll go on to my next question related to 19 visibility,biotics,and whatever. 18 19 COMMISSIONER QUINTANA:Repeat it again. CHAIR BURKE:That we are losing acreage in the 20 CHAIR BURKE:I don't know if she can multi-task 20 blue here that's only being reflected by the number of trees 22 21 if she's trying to find this and entertain your question. MICHELE KORPOS:Well does the visual issue relate 21 we're losing and their native density as opposed to the 22 actual acreage we're losing. 23 24 25 to something I can answer,or does that relate to the biological issues? LOS GATOS PLANNING COMMISSION11/9/2005 Item #3,Terminus of Shady Lane 45 23 24 25 COMMISSIONER QUINTANA:I'm not so concerned specifically on an acre-by-acre,but an acre-by-acre of the habitat value. LOS GATOS PLANNING COMMISSION11/9/2005 Item #3,Terminus of Shady Lane 46 1 CHAIR BURKE:Okay,and I don't know where this is 1 brush,I would agree with you.Like on the northern part of 2 going,but we should probably try to find a path. COMMISSIONER QUINTANA:The connection between 2 the site where there's a lot of brush,if we were to clear that for fire reasons,there would be a change in the 5 fire safety,biotics,visual.Fire safety will require clearing of ... 4 aesthetic of that hill. But we're talking about the undergrowth under the VALERIE GEIER:No,our mitigation measure says 6 tree canopy,and assuming the tree canopy is retained 8 10 11 12 13 14 you're going to trim the trees;you're not going to remove the trees. COMMISSIONER QUINTANA:You didn't let me finish my question. VALERIE GEIER:Sorry.I'm sorry. COMMISSIONER QUINTANA:That's okay.I understand; we're all tired.I believe the new regulations from the State Fire Marshall are that you have to clear brush and weeds within one hundred feet ... 7 10 11 12 13 14 because we're telling them you're not going to remove the trees,you're going to just remove the branches that overhang your houses and you're going to remove the undergrowth that serves as a fire ladder into the trees, that you're going to reduce the fire hazard that way. COMMISSIONER QUINTANA:You are.However,I've seen,from personal experience,sites before they've been built on and after they've been built on,and the impression that you get before they're built on,just looking at the 15 MICHELE KORPOS:Yes,brush and undergrowth.15 trees and the tree removal and not considering the other is 16 COMMISSIONER QUINTANA:Undergrowth,right.A lot 16 so totally different that I think it needs to be addressed 17 18 of the site has undergrowth.I assume that has value for habitat,animals,et cetera.But in addition,trimming the 17 18 in the visibility aspects of the project,not just from afar but closer homes and within the site itself. 19 trees and removing the brush will have an impact on 19 CHAIR BURKE:Commissioner Quintana,may I ask you 20 visibility,and the triangles are not crossed,one 20 a question here? 21 integrated into the other.21 COMMISSIONER QUINTANA:Yeah. 22 23 24 25 VALERIE GEIER:It happens that on this site most of the undergrowth that we were referring to with respect to clearing are under trees,and so in terms of visibility,'if this was a site where there was a lot of brush and just LOS GATOS PLANNING COMMISSIONll!9!2005 Item #3,Terminus of Shady Lane 47 22 23 24 25 CHAIR BURKE:Where are we going with this?Are you saying that this is a shortcoming that you see and would affect your recommendation on certification? LOS GATOS PLANNING COMMISSIONll!9/2005 Item #3,Terminus of Shady Lane 48 --~~__.~C_.~._ 1 COMMISSIONER QUINTANA:Yes,because CEQA calls for an interdisciplinary approach that will take these interconnections into account.I have other reasons why I 1 you all here until midnight,because she knows what's she's 2 doing,don't ever doubt that.But I think we just need to find another way to do it that's mote accommodating to the have concerns about the EIR,none of which I think ultimately might affect the decision on the project maybe, but affect the intent of CEQA to provide a full disclosure 4 5 6 amount of people we have here.Can I get a help from the Chair or Staff? ORRY KORB:Well first of all,this is the place 7 informational document that identifies all potential where this discussion occurs.One of the great disadvantages impacts,identifies their mitigation,and states clearly that that mitigation is feasible,and that there's no conflicts between mitigations. CHAIR BURKE:Okay.I'd like to go and maybe get some questions from other commissioners now and come back, because we are running late.I know my eyes are dropping,I know the audience's eyes are dropping,and so Commissioner O'Donnell,do you have any questions at this point? Commissioner Kane. particular when dealing with technical issues such as this. of our system is that we do everything in an open and public way,which means the least efficient way possible, COMMISSIONER KANE:I guess I wanted to create understanding to that point,Counselor.Thank you. ORRY KORB:One other issue,and I think it's an important one for purposes of your analysis of the EIR,and I'm not going to second guess or even anticipate any of Commissioner Quintana's questions,but there may very well be disagreements amongst the people with expertise regarding some of the analyses.Disagreements do not render the 11 8 10 13 15 12 14 16 17 No,I'm satisfied. I'm torn between doing the COMMISSIONER O'DONNELL: CHAIR BURKE: COMMISSIONER KANE: 13 11 12 10 14 16 15 17 18 right thing and moving on.This is not the best display of 18 document inadequate.A document is inadequate if it fails to identify an impact that should be identified or properly analyze one that should be analyzed,or mitigate for one 19 20 21 that should be mitigated,or say it can't be mitigated and recommend a statement of overriding consideration so that22 (Applause from audience.) COMMISSIONER KANE:No.Now wait a minute.Now good government. Commissioner Quintana has got a Ph.D.in this stuff and has 19 20 21 22 project's going to be approved not withstanding the impact.23 24 done it most of her life.She knows what she's talking about;I don't.She knows what she's talking about and I'm 23 24 CHAIR BURKE:I'm going to add,and Mr.Korb can 25 thinking we've got to find another way to do that than have 25 correct me because he'S a lawyer and I'm not,but the LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 49 LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 50 Environmental Impact Report document is a very important 2 document in the eyes of the state.It's the state that dictates we do this,not local government,and their procedures I think they very much value this report,so a 1 commissioners think it's complete or the lack of questions 2 means something else. ORRY KORB:Can I just remind you of where you 4 are?You haven't completed the public hearing yet.You did lot of what you're seeing is I think is rules required by the California Environmental Quality Act. 5 ORRY KORB:Correct:. 5 6 7 ask the environmental consultant up to answer questions.At the conclusion of those questions then the applicant still has the opportunity to complete their rebuttal.Then you 10 11 12 13 COMMISSIONER O'DONNELL:The one thing I think we may be going a little inefficiently is if a commissioner is satisfied that the EIR is not complete,then they can vote that it is not complete.If on the other hand other commissioners think it is complete,they can vote that it is complete. In other words,as I listen to the questions,the 10 11 12 13 close the public hearing,and then you can have your discussion and hopefully a vote. COMMISSIONER O'DONNELL:My point goes simply to the way the meeting is being run,and that is if we intend to sit here and ask two hours worth of questions to the experts,I've never seen it done that way and I question whether it's an efficient way to do anything. 14 questions are not clear,and they run together,and they're 14 CHAIR BURKE:Oh I don't think we're going to ask 15 16 17 18 19 20 21 22 23 very difficult to answer when they don't end.And so the forum is not a good place to rewrite an EIR.If this Body decides the EIR is not complete,it will be rewritten,but it won't be rewritten in this room while we talk about it. So my point I guess would be it can be a lot more efficient if we find out whether ...So far I've heard one set of questions,and I'm not denigrating the questions,but if we don't have any other questions from the other commissioners,and maybe we heard some from you,perhaps we 15 16 17 18 19 20 21 22 23 questions for two hours,but I think we do have some.I know I have some because they go to the consistency of the Environmental Impact Report with some of the guidelines of the project,because I think it's important that if the environmental document says one thing that the planned development document shouldn't say something else.So I've got a question to follow up on that. Have you looked at the landscape rules and guidelines for this project? 24 25 ought to find out whether the lack of questions means those 24 25 VALERIE GEIER:No. LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 51 LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 52 1 CHAIR BURKE:Okay.I mean I'm looking at a couple 1 where you want to have fire safety,that's what that's 2 of things,.and these are big lots and part of this is subject to interpretation,so what I'm kind of asking you is 2 written for. It's not written in a format where they're going 4 5 9 10 11 12 13 14 15 how are we going to interpret these to be consistent with your document and your mitigation measures? And the thing that jumps out at me is Architecture Rules C,"Owners are responsible to maintain their lots in a weed free and fire safe condition."Now w~could define the lots as the immediate b~ilding area,whatever.But if we defined the lot as the entire lot,then SUddenly the loss of the various types of chaparral and things like that are going to go way up.I personally consider chaparral a weed and maybe we shouldn't,but I also know it is one of the true incubators for oak trees and things like that. So from an environmental standpoint of grasslands and things like that,how do we interpret comments like that 4 5 7 10 11 12 13 14 15 to clear their whole lot;it doesn't say that.It's for fire purposes and the fire purpose is around a structure that might burn.It doesn't mean they're going to clear their hillside.You have specific hillside standards that say you can't clear more than 1,000'of area on any lot,whether the lot is a million square feet or whether it's 10,000 square feet,and they have to adhere to that. But we want to have someone,if they have a horne and don't have the landscaping we want to see around it, without weeds and stuff going around it so if there's a fire it would affect everybody in the site,and that's why that was written.And if it needs to be changed or altered I'd be happy to do that if it makes a difference. 16 and make sure they are consistent with your document?16 CHAIR BURKE:Because I read your lots to be a 18 answer afterward. 1717VALERIEGEIER:sandy would like to answer.I will weed free condition,saying that you've got to pretty much 18 clear your lot.That's what I read this is. 19 SANDY HARRIS:She has not seen the landscape part 19 SANDY HARRIS:No,that's not what that's 22 20 intention for. 22 of this,and that's what I wanted to clarify. 20 of our CC&Rs we're going proposing with our development. 21 What that purpose is there for is for fire purposes.The fire department requires a certain area to be cleared for 21 CHAIR BURKE:And to me that just flew in the face 23 fire purposes,and you have to clear the brush and fire 23 SANDY HARRIS:No,that's not the intent of that. 24 25 related material,not landscape,but fire related material, if someone's going to have that type of thing in an area LOS GATOS PLANNING COMMISSION11/9/2005 Item #3,Terminus of Shady Lane 53 24 25 That is so that we have a zone around a structure that is fire safe.People have no right to go beyond that buildable LOS GATOS PLANNING COMMISSION11/9/2005 Item #3,Terminus of Shady Lane 54 1 area and do anything.And what you're saying it sounds like 2 they can clear the lot;they cannot do that. CHAIR BURKE:Right.That's fine,and that's kind 2 of the reason I asked the question.So Commissioner CHAIR BURKE:Well I was reading it that they were required to,but that's fine.Okay.That didn't jibe with this.So now it's clear.Commissioner Talesfore. 4 5 6 COMMISSIONER TALESFORE:I have a question I guess 4 5 6 Quintana,do you have anything?I'm trying to do good government here,but I also know that CEQA is a very important part of good government.I also know that we can't rewrite the EIR;we can recommend it not be certified.But 7 8 10 11 12 13 14 15 about that.I'm not sure.You're referring to landscape rules and guidelines? CHAIR BURKE:Yes,I am. COMMISSIONER TALESFORE:Okay,then on the desk item here,.the conceptual landscape plan,are those one and the same? DIRECTOR LORTZ:No.There'S architectural standards that are being proposed by the applicant,which will come back to you,and that's in the desk item.The landscape standards are separate from that and that's what 7 8 10 11 12 13 14 15 do you have any questions that you feel is critical that we hear at this point? COMMISSIONER QUINTANA:Yes,I have lots of questions,but I know nobody wants to particularly listen to them.So let me just give one example of what I mean about the EIR not providing the information that makes it clear that the mitigation that's being proposed is feasible.Let me see if I can find where this is.Maybe you can help me. I'm talking about the improvements to Gum Tree Road and Drysdale Lane and the safety conSiderations. 16 Mr.Burke is discussing.16 VALERIE GEIER:Okay,that's on page 4.7-19, 17 CHAIR BURKE:My question was to make sure that 17 Mitigation Measure 4.7-3. 19 further up where it says that,"The access roads are curvy 18 the landscape standards that were being proposed did not 19 conflict with the EIR. 18 COMMISSIONER QUINTANA:Well let's go a little bit 21 20 21 DIRECTOR LORTZ:Now if the Commission has a concern about that I would recommend the condition that 20 and hilly and the existing pavement conditions are poor. Prior to adding traffic to these roads the Town will require 22 23 24 25 basically says the final landscape guidelines shall be reviewed to be compliant with the EIR and safe fire protocols. LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 55 22 23 24 25 the project to implement measures to improve roadway conditions,including widening pavement where practical, provision of curve,delineators and advisory speeds,and repaving of the accessory roads." LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 56 ----~---~=~~~~--~-----~-------------------------------~------------ 1 Now under the mitigation measures,its says that, 2 "The following measures shall be required to reduce traffic 1 get decision makers to make informed decisions knowing what 2 the potential impacts are. hazards."Number A is the roads are recommended to be 3 VALERIE GEIER:CEQA also ... 4 widened.Well recommended and shall require are different.4 COMMISSIONER QUINTANA:And the mitigation ...But walls,and so there has to be some flexibility. we don't want trees removed,we don't want big retaining or the public where it's practical so they can make a COMMISSIONER QUINTANA:Okay,so you say where COMMISSIONER QUINTANA:Don't give information it also says ... VALERIE GEIER:Also limits you on the number of pages that you prepare and they recommend that you not exceed a hundred pages. COMMISSIONER QUINTANA:I'm not going to get into a debate,but it also says be concise and don't . VALERIE GEIER:Clarify that.Concise . that isn't particularly pertinent to the environmental 11 12 5 10 7 Because we were concerned aboutVALERIEGEIER: practical.This doesn't tell me or the final decision makers tree removal,we are recommending that they be 22'wide,but jUdgment of whether that actually mitigates the impact or not.Now I know I have talked with Fletcher since then and 7 11 10 12 13 he has shown me where it is possible,but that information 13 decision and all that. 14 isn't available in this document so that somebody can follow 14 CHAIR BURKE:Right. my thought if I can,and then I'm going to shut up. CEQA doesn't determine whether you can approve or deny a project.You can approve a project with significant unavoidable impacts if you make the statements of overriding consideration.Conversely,it doesn't limit you t~denying a project for discretionary reasons,even if it meets all of 15 16 17 18 19 20 21 the logic and analysis of why the conclusion was reached. The same thing is true with the parking bays and with a whole number of other things.This is an information document that's supposed to convey this information so that decision makers know what they're deciding,and I'm going to say this to the Commission and Commissioner O'Donnell,thank you,that CEQA actually says that the focus of the hearing 15 16 17 18 19 20 21 COMMISSIONER QUINTANA:Yeah.Let me just finish the requirements of non-significance;22 23 on a project should be on the Environmental Impact Report and how it interacts with the project so that you're 22 23 CHAIR BURKE:Okay.One of the things I would like 24 focusing your decision,because CEQA's whole intent is to 24 to do tonight,just for the applicant and everybody,is to 25 25 take the vote on the recommendation for certification of the LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 57 LOS GATOS PLANNING COMMISSIONII/9/2005 Item #3,Terminus of Shady Lane 58 1 Environmental Impact Report tonight,so that at the meeting next week you don't need to bring.your environmental consultants back,and I don't know,does the Commission 1 City standard sizes and that sort of thing,but we're trying to make a difference up there and we're trying to be as sensitive to the environment in doing so,and do minimal 4 agree with me on that? 55COMMISSIONERQUINTANA:Sure. 4 grading,try to minimize the impact on the trees and all the things that the Town wants us to do. CHAIR BURKE:Okay,so we will make sure we get And I've met with the engineer up there several 8 10 11 that done tonight for Mr.Harris.If nobody has any further questions of the environmental consults,I'm going to say they can sit down.I'll get the rebuttal and close the public hearing,and then we'll probably vote on the CEQA document and then move on to continue.Rebuttal,Mr.Harris? SANDY HARRIS:In regards to what Lee was saying 7 10 11 times.In fact,if you want me to make part of that in our document,it is.And to try to assert that we're not doing that I think is unfair.We spent a lot of time on that issue. COMMISSIONER QUINTANA:I'm not asserting that you're not doing it.I am saying that the environmental document doesn't provide that information.The two things are totally different. 12 13 as far as the road improvements.I've had extensive meetings Idth the Town's engineer as far as what needs to be done with those roads and I've never met anybody more sensitive 12 13 14 SANDY HARRI S:The environmental document was 15 16 17 18 19 to the conditions out there as far as addressing the environmental impact of what needs to be done and not going beyond the envelope to make something larger than it needs to be to accommodate what's out there. Whatever is improved is better than what is there 15 16 17 18 19 written based on not meetings that the engineer and I had on specifics as far as what we're going to do where roads can possibly be widened without doing excessive grading and without putting retaining walls in where they're not necessary. 20 existing at this time,and that is something we've 20 COMMISSIONER QUINTANA:That's correct,but it's 21 22 discussed,it's something we have in our plans that we're going to do,and that has all been taken into consideration, 21 22 not identified in the EIR that it's possible or where it is. That's all I'm saying. Commissioner Quintana has a disagreement with the 23 24 25 the things that we've been discussing for the past 20 minutes.We're very sensitive to that,because we could go in there and put retaining walls in and widen those roads to 23 24 25 CHAIR BURKE:Can I just get us to move on? LOS GATOS PLANNING COMMISSIONll/9/200S Item #3,Terminus of Shady Lane 59 LOS GATOS PLANNING COMMISSIONll/9/200S Item #3,Terminus of Shady Lane 60 2 Commissioner O'Donnell. 1 environmental document.I understand that;I respect that. 2 But I don't know if this ,debate is going to go on. 1 COMMISSIONER KANE:I think I agree with 3 COMMISSIONER QUINTANA:Can I just clarify one COMMISSIONER TALESFORE:Agreed as well. 4 thing.My concerns about the environmental document are not the same concerns I have with the project.They're two different things.They're connected,but not necessarily·the same. 7 CHAIR BURKE:We've hit 11:00 o'clock.I want to poll the Commission.I probably have ten to fifteen minutes worth of questions of the applicant and Staff before I could 10 4 5 7 10 CHAIR BURKE:Commissioner Quintana,I know you're not going to be here next week.What's your feel?You want to push through to this. COMMISSIONER QUINTANA:Absolutely not.However,I don't think that you should vote on the adequacy of the EIR prior to asking all of your questions of Staff and the applicant. move on for a vote.If the other Commissioners have the same 11 12 amount,we're here past midnight.If they're ready to go ahead,I can start asking questions and we can try to,get 11 12 CHAIR BURKE:But they are related to the project, not the environmental document.Okay.Commissioner Talesfore. 13 14 this thing done tonight,but I want a feel from you guys of how much more you think you need before you can vote. 13 14 COMMISSIONER TALESFORE: this another question? What?I said I agreed.Is lS Commissioner O'Donnell.I'll start in the middle and work 15 CHAIR BURKE:No,it's not. 16 out.16 COMMISSIONER TALESFORE:And that is exactly why I 17 COMMISSIONER O'DONNELL:Well I could vote right 17 agreed with Commissioner O'Donnell and Commissioner Kane two 18 now,but let me say this.We've already picked another date.18 times ago to not continue. 19 I don't see anything to be served by going until midnight,I prophecy,and I think we ought to go there fresh. really don't.I know personally I'm getting tired.I don't think I think my best as I get tired.We've already got another night set,which I think is a self-fulfilling 20 21 22 23 24 2S CHAIR BURKE:Okay.Commissioner Kane. 19 20 21 22 23 24 2S CHAIR BURKE:Two times ago.In that case, gentlemen,I will close the public hearing.I will ask the Commission for a vote on the environmental documents,and we will then vote to continue.Because I have issues with your documents that I really would like to go into a little detail with,but everybody'S tired tonight and I know I'm not thinking straight right now. LOS GATOS PLANNING COMMISSION11/9/2005 Item #3,Terminus of Shady Lane 61 LOS GATOS PLANNING COMMISSION11/9/2005 Item #3,Terminus of Shady Lane 62 ~---~~~----------------~--~------- 1 SANDY HARRIS:That's fine.That's great.1 CHAIR BURKE:We are not the final authority on 2 ORRY KORB:Commissioner Burke,I think you can continue the entire matter.We don't need the environmental 2 this document,so all we would be voting on is a recommendation for it to go forward,so if there were issues 4 consultant back here. CHAIR BURKE:Okay.If that's the case,but I'm 4 5 raised later I assume that those could be taken up by the Council.Is that correct? hoping your client will let you stay home next week.6 ORRY KORB:That's correct.And Commissioner ORRY KORB:Actually,we're their client.7 O'Donnell,the reason that I am inclined to recommend that 10 11 12 13 14 15 CHAIR BURKE:Oh,okay. DAVID FOX:.They're your client actually. CHAIR BURKE:In that case,never mind.Okay COMMISSIONER O'DONNELL:Could I ask the Chair though at least to get a consensus.I don't know where the Commission is coming from.I don't know whether the Commission would be prepared now to make a motion on the adequacy and completeness of the EIR or whether they'd rather come back and discuss it some more.I do think it's 10 11 12 13 14 15 the Commission withhold action on the EIR until you take action on the project itself is because I understand there may be some questions of Staff of a technical nature.Those technical issues may reflect some of the issues in the EIR. They're not necessarily issues that have to be addressed by the EIR consultant,but they can color your view of some of the mitigation measures,and can make or break in the minds of any of the commissioners the adequacy of the EIR.So I think for safety's sake,get your record together before you 16 17 somewhat unfair to say to the applicant to come back but don't bring your people,oh and by the way,we want to ask 16 17 take that vote. CHAIR BURKE:I'm going to point out the general 18 you some questions.18 areas where I'm going to be questioning the applicant and 19 Staff,just so everybody is prepared next week.I'm going to19 20 COMMISSIONER QUINTANA:It's not their people. COMMISSIONER O'DONNELL:So I am just trying to 20 be talking to you about your existing standards I have you don't need to stay.Thank you very much for coming. We're not going to get an answer on anything tonight and I 21 22 23 24 25 find out if a majority of us,and I don't know if that's the case at all,would be prepared to vote now,close the public hearing,vote on the completeness of it.Why don't we do that?If that isn't the consensus here,then we won't do it. 21 22 23 24 25 issues with. SANDY HARRIS:Can I make a comment?It's late; LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 63 LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 64 1 appreciate your help and if you want to go home and go to 1 matter will be continued for decision to the 15'"of November 4 bed,please do so,and thank you for coming. CHAIR BURKE:I want to thank the audience tonight.As you guys are leaving I want to thank the 2 at 7:00 o'clock,so that will be finalized,but that's what I understand the motion will be.The public hearing is 4 closed,even though under the Brown Act you do have an The pUblic hearing is closed.There will be no five minutes 6 5 opportunity to address the Commission at that meeting because it is a pUblic meeting should you choose to do so. 7 audience.You guys have been great.But this is the biggest project in acreage,we're going to see in Los Gatos in a long time,and if we need to take an extra night to really do it 5 10 11 12 right,because for the next 50 or 100 years people are going to look at the houses up there and say either,"What were you thinking?"or,"Good job,"so let's do it right. But just so you guys know,I'm going to be going', over your standards here and how they fit into the landscape standards. 8 10 11 12 and then three minutes and then rebuttal at that meeting.It will simply be an opportunity to ask questions of Staff and enable the Commission to have their discussion and hopefully reach decisions on both the EIR and the project. CHAIR BURKE:We will be able to ask questions of the applicant I assume? 13 14 15 16 17 18 19 20 21 With general areas you talk a lot about the landscaping fitting in with the architecture of the house but not the natural environment,and that's peppered through there,you talk about fountains and statuary,things like that that are kind of hit real hot button issues with me that kind of make me cringe,and I know that this is going to be important because this is what's going to dictate how this development looks,so I want to spend some time with that. 13 14 15 16 17 18 19 20 21 ORRY KORB:Yes,you can. CHAIR BURKE:Okay,because I will also be asking some questions as you know on some of your conceptual grading quantities for some of the lots that mayor may not be problematic,but until I have those numbers I won't know, as well as maybe a few more visibility questions on some of the lots I think are problematic that way.So those are going to be the thrust of my questions.I figure they're probably going to take ten or fifteen minutes and there will SANDY HARRIS:I'd be more than happy to talk 24 22 23 24 about it. ORRY KORB:Mr.Chair?Before everybody leaves I 22 be questions of Staff.Does anybody else want to prime the 23 pump with the questions they'll be asking the applicant in a week?Commissioner Quintana. 25 just wanted to make sure that you know,once again the 25 LOS GATOS PLANNING COMMISSIONll/9/200S Item #3,Terminus of Shady Lane 65 LOS GATOS PLANNING COMMISSIONll/9/200S Item #3,Terminus of Shady Lane 66 1 COMMISSIONER QUINTANA:Well I won't be here to J.When we get diverted by the little details,which 2 ask the questions,so.can I state some of my general thoughts? 2 I am famous for,sometimes you lose the big picture.So when 3 you're looking at is this lot okay,is lot okay,is this lot 4 CHAIR BURKE:Please.4 okay,you're losing the picture if it meets the big overall 5 COMMISSIONER QUINTANA:First of all,the CC&Rs 5 objectives of the Hillside Design Guidelines and Standards. 10 11 12 13 14 J.5 are referred to in the environmental document ,as being consistent and providing mitigation on some of the impacts. We haven't looked at those and we're not going to see them until after certification of the EIR and a decision on the project. I'd also like to point out that the Zoning Code states that in PDs they should be part of the submittal of the application. The other concern I have is with the project description,and again,this relates sort of back to the EIR.I understand that we're going to get more information 7 J.O 11 12 13 J.4 J.5 And lastly,I found it interesting that for this project,which is very big,we are not requiring conceptual design.We didn't require showing of the spaces over 50%.We didn't require all kinds of things that we did for the little two lot subdivision,and why the difference? CHAIR BURKE:Thank you,Commissioner Quintana. Anything else we want to add before we vote to continue? Commissioner Talesfore. COMMISSIONER TALESFORE:I just have a question of Staff,and that is about the CC&Rs.Isn't the process that that will come back to us? 16 17 worded.Not to the Planning Commission.The CC&Rs? about the water system and the water tank,and I think we 17 have something that shows where the new line is going to go, 16 RANDY TSUDA:That's 'the way the condition is 23 18 and it'S something that wasn't addressed in the 19 environmental document. 20 Nor does the environmental document address or 21 discuss in description the extent of the retaining walls 22 that are proposed along the roadways. And many other things.That's the kind of thing 18 J.9 20 21 22 23 COMMISSIONER TALESFORE:Right. RANDY TSUDA:Not the Planning Commission.Now the architectural restrictions would come back to the Planning Commission. COMMISSIONER TALESFORE:Right,okay. ORRY KORB:But the CC&Rs are submitted to Staff 24 25 I'm concerned with.I have lots of other things. LOS GATOS PLANNING COMMISSIONll/9/2005 Item #3,Terminus of Shady Lane 67 24 25 for review and approval. LOS GATOS PLANNING COMMISSIONll/9/Z005 Item #3,Terminus of Shady Lane 68 1 CHAIR BURKE:But don't they become part of the 1 CHAIR BURKE:Thank you,gentlemen.I'm going to PD? ORRY KORB:The CC&Rs?The requirement of the 2 ask one last question I just want to make sure I haven't 3 missed.The tennis court is gone,right? 6 4 CC&Rs is part of the PD.The requirement that the CC&Rs be completed is part of the PD.The technical individual CC&Rs are submitted later,reviewed by Staff,reviewed for compliance with the PD with all of the conditions of approval,et cetera,and then approved by Staff.And that's 4 5 7 SANDY HARRIS:Yes. CHAIR BURKE:Okay,good.Okay,I'm going to close the public hearing and ask for a motion to continue this to a date certain. ORRY KORB:One suggestion.Because I understand always been the case in the eight and a half years I've been dealing with land use here. 10 11 12 COMMISSIONER TALESFORE:Okay.Thank you. CHAIR BURKE:Commissioner Kane. COMMISSIONER KANE:Mr.Tsuda,at our next meeting 10 11 12 that you do want to continue your questions of the applicant,which are the questions that normally follow the rebuttal,I'm going to recommend that you continue the public hearing to a date certain so that the answers to the questions are on the record as part of the public he?ring. 13 I'll prObably ask again for a short reeducation on what- 13 CHAIR BURKE:So we need a motion to continue the 14 15 these may not be the right words-what is it we give up when we recommend a PD?We give up certain aspects of the 14 15 pUblic hearing to November 15'". COMMISSIONER TALESFORE:So move it. 16 hillside or ...I remember we had that discussion.I reread 16 CHAIR BURKE:Do we have a second? 17 the minutes of our meeting from a long time ago,and that 17 COMMISSIONER KANE:Second. 18 was my concern then,and I think you gave a good answer.I'd 19 like to review that again when we meet,that the aspect of 18 19 CHAIR BURKE:All those in favor?Opposed? ORRY KORB:So that's a special meeting that will 20 going into a PD changes the rules,and that's where I get 20 be held on the 15th at 7:00 0'clock. 21 concerned because I think I'm going in with applying the 22 23 24 25 normal watch dog procedures,and remind me again which ones don't apply. LOS GATOS PLANNING COMMISSIONll/9/200s Item #3,Terminus of Shady Lane 69 21 22 23 24 25 CHAIR BURKE:I thank the neighbors for their consideration on this,or understanding.I don't know how understanding you are.We have other business.Any director's reports? DIRECTOR LORTZ:No. LOS GATOS PLANNING COMMISSIONll/9/200s Item #3,Terminus of Shady Lane 70 1 2 CHAIR BURKE:Any subcommittee reports? COMMISSIONER KANE:The Historical Preservation Committee,about six items I'd like to get in at our next 4 meeting. 5 DIRECTOR LORTZ:So we'll continue subcommittee reports at the next meeting. CHAIR BURKE:At the next regular meeting? 7 DIRECTOR LORTZ:We can continue it to next Tuesday if you want. CHAIR BURKE:Next Tuesday as well.Okay,And the 10 final item is movement for adjournment.A move for 11 adjournment. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER TALESFORE:I move for adjournment. LOS GATOS PLANNING COMMISSIONll!9!2005 Item #3,Terminus of Shady Lane 71 1 4 5 Los Gatos Planning Commissioners: A P PEA RAN C E S: Michael Burke,Chair Michael Kane Phil Micciche Tom O'Donnell Joanne Talesfore 1 4 5 PRO C E E DIN G S: CHAIR BURKE:Written communications,we do 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Assistant Director of Community Development: Town Attorney: Transcribed by: Randy Tsuda Orry Korb vicki L.Blandin 5500 Van ·Fleet Avenue Richmond CA 94804 (510)526-6049 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have one desk item from Staff on this,which is a revised planned development ordinance,which I assume the commission has a chance to read.We have.no requested continuances,and the consent calendar is empty,which brings us back to continued public hearings,which is the Terminus of Shady Lane,Planned Development Application PD- 04-3,and Environmental Impact Report ERI-04 c Ol. This is a continued hearing.We do have a few speaker cards and it's my thought that I let members of the pUblic speak,being that the applicant has already made his statement,and then he can come up for rebuttal and questions. Before I begin I want to set the tone for the audience.We are making a recommendation tonight.We are not making a final decision.We are making a recommendation to the Town Council.So whether or not you think we are seven of the dumbest people in town or seven of the smartest people in town,there is another group of people LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane .1 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 2 1 that's going to make the final decision,so all we're doing is making a recommendation to them. Having said that,I'm going to call the first 1 Without Sandy's 19-10t development we will continue to beat high risk of an Oakland-style firestorm that could sweep through our hills.The whole street of Gum 4 5 7 10 11 12 13 14 15 speaker,Bernard Cou1lihan. BERNARD COULLIHAN:Good evening,my name is Bernie Cou11ihan and I live on Drysdale Drive in Los Gatos, and I'm representing my family tonight and the 15 members of the Shady Lane Mutual Water Company.I'm also the vice- president of that company. I've been involved in this project for some two- plus years now when the Town of Los Gatos,the Staff,asked Sandy to come and meet with the local neighbors to share his development plans and understand what your issues and concerns were.At that initial meeting,we the neighbors 4 5 6 7 9 10 11 12 13 14 15 Tree has absolutely no fire hydrants on that street at all. I've been in all the meetings that occurred and all the planning sessions with you folks.The Staff has said that he meets the requirements of the Hillside Guidelines;he meets all the legal requirements. Everything is within the power of the people in this room to make a recommendation to approve and go forward,and I am recommending tonight,along with all of my neighbors,that this project be approved and go forward so we can gain the benefits and not continue to live with a high risk of fire.Thank you. 16 bombarded Sandy with our most pressing problems: 17 substandard water system and inadequate fire protection. 16 17 CHAIR BURKE:Any questions for him?Seeing none, thank you very much.Joe Musser. 18 19 20 21 22 23 24 25 All I can say is thank God that Sandy demonstrated some strategic thinking and could see the benefits to his properties as well as our properties by offering to extend his water system to help the neighborhood.To me this is a significant community benefit and it is the most important community benefit,in my mind, of his development. LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of shady Lane 3 18 19 20 21 22 23 24 25 JOE MUSSER:Hi.I came last week for personal reasons on my family's home and another landscaping that I've been helping out with on University Avenue and I heard about this topic.It was of interest to me as well because I have extensive education in environmental studies at San Jose State and environmental horticulture science at Cal Ply State University. LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 4 1 2 4 6 7 10 11 12 13 14 lS 16 17 I think I'm in favor of developing this land,but I think the Environmental Impact Report needs to be reviewed more closely by your panel or whoever,because it's only been not more than a month since you guys received it. I walked the property today for about two hour~, and the first thing that came to my mind is there is a sign right at the entrance,~Warning.Coyotes,"and it says be careful for children,all this.So if there are houses here,if you have open garbage cans or anything like that, that could be a danger for coyotes,for children and all that. Another thing is I didn't see any tags on the eucalyptus trees.That should be the first thing to be tagged because those are non-native species and they have allelopathic qualities,which means that they drop 1 2 4 S 7 10 11 12 13 14 lS 16 17 The main frontage road on the right side of it, when I walked up it,there is erosion that's happening already I think because'we've had more than the average amount of rain in the last five years.I think that there needs to be a substantial retaining wall along this frontage road. As far as the fire hazard with the trees being removed,'they said about 150 trees need to be removed.I think approximately 20%of those at most need to be removed.Ten percent of those trees should be removed because of fire hazard,because they're more than 33%dead. In arborist's terms that means that they should probably be irradiated.And also 10%should be removed because they're obstructing driveways and things like that. That's just things I noticed in two hours today, just by observation.Thank you. 18 chemicals that inhibit natural species to grow there. 18 CHAIR BURKE:Any questions?Citizen Ray.You 19 There'S an abundance of wildlife here.It's 19 have three minutes,Mr.Ray. 24 the Staff Report says there isn't much dirt there,I say shape.It's a 100'in diameter,seven feet deep.Even though to be open space,and that's where the three identified landslides are.One of them is 100'in diameter,circular 20 21 22 23 24 repairing an ecosystem basically. There are seasonal creeks here.I think at least ten of the lots are on seasonal creeks,or there's a partial seasonal creek on these lots. 20 21 22 23 RAY DAVIS:First off,remember the open space was 2S LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 5 2S bull.Bull.The dimensions I gave you I got from the Staff LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 6 1 Report.That's one hell of a lot of dirt,and when that dirt 2 gets moving,who is going to fix it?The developer says he doesn't want any part of it. 1 Now stop and think about that.A 100-year storm is a huge 2 storm.Ariything over a hundred years is bigger than huge, 3 and where's that excess going to go?Right down Shady Lane, 4 So then I noticed in the Staff Report,much to my 4 where you drive home.It's crazy.I'm telling you this is 5 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 amazement,it say here,"The open space in the northern part of the area would be private,to be maintained by the Homeowners Association."No wonder there's no provision for fixing the slide,when and if it goes,because the Homeowner Association,the 19 people that buy into this,will be on the hook for the slide repair,and there's not a word in the conditions to that effect. So these are just weasel words in my opinion put in here by Bud Lortz,and they mean nothing,and there's nobody there as there should be to back up a land use failure,and landslide failure.It's a major flaw in this, and the developer of course,a lumber salesman,is ducking it real quick. I read under Hydrology,Condition 53,the detention pond is to serve as an overflow for the floodwaters of the 100-year storm.That is one hell of a storm.It goes on to say here,"The road shall be designed ..."not any old road,it's Shady Lane where all you people drive to go home,and you ought to listen up to this. It's right in here .and not one of you has brought it up. "The road shall be designed to act as a spillway in the event of overflooding from a storm larger than a 100-year." LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 7 6 7 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 crazy in Los Gatos,and you ought to speak up. CHAIR BURKE:Mr.Davis,your time is up. RAY DAVIS:I know you want to shut me up.I know that.I know you want to shut me up.Thank you. GARY HARWIN:My name is Gary Harwin;I live at 15423 Francis Oaks Way.I've spoken before you before,and tonight I'd just like to say that this Commission is charged with the responsibility of ensuring that the community's interest is preserved within the framework of specific guidelines of the Town's objective,goals,plans,and codes. At the first study session earlier this year I spoke of the traumatic impact on our family when the home next door,now occupied by the Weismans (phonetic),burned the ground,killing its occupant,primarily because of the inadequate water supply and the lack of any fire hydrants in close proximity of the property.Our three daughters still to this day live with the trauma of that event. As has been demonstrated by the Engineering Peer Review Committee,by Town Staff,by soils and geotechnical consultants,by professional arborists and biologists,and by the Town's environmental consultant,these 66 acres adequately support 19 home sites in full compliance with LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 8 1 Town Standards and Guidelines for a planned development.The 19 home sites are nicely tucked into the landscape with minimum visibility from adjoining areas,and with minimum 1 We've dug more holes than Swiss cheese at the local Whole Earth. We've looked at the different habitats for the 4 5 7 8 10 11 12 13 14 15 16 17 18 impact on trees and grading. So it time for the Planning Commission to recognize not only the quality of the project before you, but also what it can bring to the town and community of surrounding neighbors.This project is now proposed to be a flagship example for communities up and down the state on how best to develop in the foothills. At a previous hearing one of the commissioners asked what the pUblic is supporting,since few of us spoke. So in answer,this project as now proposed is exactly what we are supporting for all the reasons I've stated above.I support this project in every way whether we get water or not. Tonight I expect nothing less than to see my Planning Commission move this project,as proposed,in tact, to the Town Council.Thank you. 4 5 6 7 10 11 12 13 14 15 16 17 18 trees.We looked at the draft EIR that had over 400 trees being taken out and we got it down to right around 100.We worked with the wildlife people and the habitat people to make sure that trees that were left there met environmental criteria that they had for correct habitats for a variety of different kinds of animals that they wanted to see at the property_ Sandy has been very interested in making sure that the scenic quality has been maintained on the property.We have fought with the arborist to leave trees.He's wanted to take them out;we wanted to leave them in.We met with the biologist and we fought over a number of trees that she wanted to leave in and that the arborist wanted to take out and that we left in. So we've done I think a great job of making sure that this met a lot of different criteria.We've worked with 19 CHAIR BURKE:Questions?The last speaker card is 19 the staff here at Los Gatos to make sure that their needs, 20 for Bill Harris.20 their desires;their recommendations,were implemented as 21 BILL HARRIS:Thank you.I've been working on this 21 often as we could. 22 23 24 25 project for a little over a year. I've been able to go up on the property and work with the different people that have come and tested soils. LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 9 22 23 24 25 There are a number of different things that have been mentioned at a number of different hearings of community benefits.You've heard about the water pressure. There are a variety of different kinds of things that go LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 10 1 along with water.One is as a survivor of the Oakland Hills 2 fire where my house was burned down but I got out with just what I was wearing when I went to church,I've experienced a 1 There's lots of different things we've done just 2 to make sure that we don't impact anymore than we have to as far as the trees,the wildlife,or the habitats there. 4 5 fire firsthand in a community that was devastated by over 3,200 homes being burned down. So when I looked at what we're trying to do up 4 5 6 Also this is a great opportunity for you guys to really put your stamp on a great project and I'm looking forward to hearing you do that.Thank you. 7 there in the Los Gatos hills,I think it's some good stuff 7 CHAIR BURKE:Thank you.I have one more speaker 10 11 12 13 14 15 16 17 18 19 20 21 22 23 up there.The people that are up there deserve to have water pressure to keep their house from not being burned down.I think it's one of those great things in life. The other is that we're gaining a lot of scenic open space there if you look at the number of acreages that are actually going to have houses on it versus the amount of scenic open space. The walkways that we're putting through there,the emergency access that is going to be provided to a variety of different roads up there,whether it's Francis Oaks,Gum Tree,or even Shannon. If you look at the things we're going to do as far as repairing the slumps up there,look at the roads that we're actually going to be putting in,there are no new roads being put in.We're using the existing roads that are there.We're not going to be changing the grade very much, if anything.We've been moving the roads around trees and 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 card.It's Tony L.Alercon. TONY ALERCON:Hello,I'm Tony Al~rcon.I live at 333 Johnson Avenue.I'm also a real estate developer;I develop out in the Central Valley.I wanted to say that I think this project,as far as I read from the neighbors, would provide some water that's needed and meets the guidelines of the City,and I think that's what you need to go on.If it meets the black and white,then you need to approve it. Secondly,for a personal reason,I would like it to be approved because I need a bigger lot to move to.I live on Johnson Avenue and my house is at the FAR limit ratio.I have three bedrooms upstairs,one bedroom downstairs,and three young daughters.I can't add on to my house,so I have to move.Because of the average sized city lot I don't have any options,so hopefully if this gets approved,I'll have a spot to come build a house.Thank you. 24 where it could go in straight we've made it crooked.24 CHAIR BURKE:Having no more cards,I'm going to 25 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 11 25 call the applicant up to rebut.Before I do that,are there LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 12 1 any other members of the audience who want to speak?Once 2 the applicant comes up,he gets the last say,and so this is your last chance.So any people who haven't spoken?Once, 1 project at all,so there are not ten lots on seasonal 2 creeks. And as far as the erosion goes on the entry to the 4 project,there is a retaining wall proposed on the right-4 twice,sold.Would the applicant please come up and rebut these people that obviously you need to rebut and answer any 5 hand side that would control all that erosion.In fact,on 6 questions we have. SANDY HARRIS:Well the first thing I'd like to do 6 7 many parts of the project there are retaining walls proposed that would control the erosion that has already happened 10 is I'd like to thank the Commission and the Staff for going out of their way and coming here tonight and making a special session for my project;I appreciate that.I know you've got other things to do,but I really appreciate your concern and sensitivity to this. 10 after those slopes are repaired. CHAIR BURKE:Thank you.Any questions of Mr.Fox on his statements?I have one.Talk to me about the 100-year storm,or the greater than 100-year storm.How much water are we talking running across Shady Lane?Are we talking a half-inch of water,an inch? 12 13 Secondly,David Fox has a breakdown here I'd like to have him share with you,and then I'd like to speak when 12 13 DAVID FOX:Well I think the telling thing about 14 15 16 17 18 19 20 he's though if that's fine. CHAIR BURKE:Please do.Mr.Fox. DAVID FOX:Just a couple of things in rebuttal about the retention pond.If in the event that there was a greater than a 100-year storm,the road has been designed so that the water would flow across the road and into the channel that the retention pond dumps into anyway,so there 14 15 16 17 18 19 20 the 100-year storm is that nobody makes you design to greater than a 100-year storm.The 100-year storm is considered the benchmark for the big mamoo storm,so that's what everybody designs to.And yes,have there ever been larger than what is concerned the design 100-year storm? Yes,I'm sure there have been,but it's a hundred year event because it is so unusual and so rare. 21 would be no flooding of Shady Lane.There would be water CHAIR BURKE:I guess my question was kind of like 22 23 24 25 outside of the channel that is going to carry the water away at any rate. As far as the lots being on seasonal creeks,there have been no seasonal creeks identified in all of the LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 13 22 23 24 25 what's the failure mode?You said it runs across.What are we talking about when it runs across?Are we talking just a quarter inch dribble,or is it a foot? LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 14 1 DAVID FOX:No,you would never reach a foot for 1 and Guidelines.We've dotted our i's and crossed our t's. 2 the water because it would spread out.It would not reach 4 5 that level.There would be so much water coming across,you couldn't fill the retention pond to that point to get that kind of flow across the street. 4 5 We've worked with the neighbors.We've done everything that the Town has required of us to do,and at this point I don't really know anything more I can do other than sit down and let you guys make a decision. CHAIR BURKE:Any other questions?Mr.Harris.6 7 SANDY HARRIS:Just for maybe the audience's 7 CHAIR BURKE:Thank you.I'm not going to close the public hearing right now because I know we're going to 8 10 11 12 13 benefit,there has never been another development in the town of Los Gatos of the magnitude of this one that has even had a retention pond.This retention pond is put in place; the state of California actually requires it,and their basis with the 100-year storm is based on guesswork.We have no idea how much rain is going to come in from a 100-year storm,so it's based on the best criteria we can have and 10 11 12 13 probably have questions of you,we're going to have questions of Staff,and they're going to generate more questions of you.So at this point I'm going to leave you standing up there,but please feel free to sit down.But first I think I'll ask Commissioners who have questions if they would like to ask them.Commission,any questions of Mr.Harris? CHAIR BURKE:Miss Talesfore. 14 15 16 develop that. Secondly,the runoff from this project is minimal in comparison to other types of soils.I've actually had the 14 15 16 COMMISSIONER TALESFORE: COMMISSIONER TALESFORE: I do. I was reviewing your 17 18 19 Town's engineers up to the site because someone had concerns with Lot 1 as far as the drainage on Lot 1.Last year when we had our most significant rain,I had taken the Town 17 18 19 plans and I have a question,Sandy.The question is how does your plan address the public recreational use of multi-use parking areas?How is that incorporated? 20 engineer up to show him there is no water going down Lot 1,20 SANDY HARRIS:There is no public recreation on 21 and he witnessed that for himself,because telling you that 21 the development. 22 doesn't do any good;seeing it makes a difference.22 COMMISSIONER TALESFORE:Okay,let's talk about 23 24 25 If you take a look at all the work we've done within the plans,it addresses all issues .that are required of us to be addressed.We've met all the Hillside Standards LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 15 23 24 25 parking.Otherwise we're going to have kind of a de facto gated community here and I'm not sure that that's what you meant,because these streets are open to the public, LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 16 1 correct?So if I drive through because I want to maybe walk 2 on the public trail,where am I going to park my car?I don't know where I could do that and I was looking for it in 4 the plans.Am I missing something? 1 through to I believe almost over to Harwood,because I 2 believe it goes back in that direction. So I don't knew necessarily that they'd want to 4 park in any specific spot midstream in the trail.I think SANDY HARRIS:There is no place set aside to park 5 they'd start on one end or the other,and if you go over to 18 starts or anywhere within our development that we've set 6 7 10 11 12 13 14 15 16 17 19 20 21 for the public trail anywhere on Shady Lane,on my project, or on Angel Court.It just hasn't been designed for any part of that. And secondly,we've gone far beyond our envelope to visit with Mr.Haley,because the Town never required him to extend the trail through his property into ours,so someone that might want to be walking that trail would not be able to do so because it doesn't continue at that point. Mr.Haley has agreed,provided the Town can offer him some sort of liability coverage or whatever,so if someone gets hurt or whatever on that trail he's not responsible for it, and will allow us to continue that trail through. But there is nowhere within the trail where it aside parking for that trail,because I wouldn't know exactly where to put that parking,because it doesn't start in our development,it starts at Angel Court.So I would 7 10 11 12 13 14 15 16 17 18 19 20 21 the Harwood side there is parking there associated with it, and at the end of Angel Court if someone wanted to park, they could park there and get out and walk the trail. COMMISSIONER TALESFORE:And is there a par course still planned? SANDY HARRIS:The Town has asked me to put in a par course,that's correct,and that is an optional thing, and I don't know whether we're going to do it or not.That will be up to the Town,not myself.That's not my suggestion.And if that goes in,the people on Francis Oaks don't want cars parking up there,and I don't know necessarily if that's going to go in.That's not something that is locked into our project at this point. COMMISSIONER TALESFORE:And then just to follow- up with that about parking,so perhaps you gave a big party, where would people park,just assuming that you invited a hundred friends? 22 believe if someone were walking on that trail that's 22 SANDY HARRIS:If I'm going to have a big party or 23 24 probably where they would want to park.And then if they go to the end of the project,they could walk all the way back 23 24 someone living there? COMMISSIONER TALESFORE:If anybody up there is 25 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 17 25 going to have a party.I'm a little concerned about not LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 1B ---.-----_._------------------------ 1 having any turnouts for a variety of reasons,and I don't 2 know how we can address that. 1 2 SANDY HARRIS:No,there's not. CHAIR BURKE:So basically we have a public street SANDY HARRIS:We have not designed the project 4 for parties or for people having weddings or people having events,because we have no idea how many spaces you would that people can drive on that goes nowhere. parking?That's my question? Is the street wide enough for publicCHAIRBURKE: SANDY HARRIS:Well they could park on the public street if they chose. 6 7 4 5 I understand that.COMMISSIONER TALESFORE: need for something like that. 5 6 19 huge area there. 18 If somebody wanted to turn around or do whatever,there'S a SANDY HARRIS:But we do have areas if it were And what about turnouts,or something where if you had to SANDY HARRIS:It is,but I don't know if it'S mandated by the Town,not me.I wanted a 24'street;the Town wanted a 22'street.We've got 22'street. legal for them to park on it or not.That's not my jurisdiction or my area.The width of the street was The Town does try to set up their hillsides for people to go up and park in it,and people that have parties to set up parki~g and use your hillsides for that purpose. So we didn't design this project based on that;we designed it based on what the Town has guided us on.If that needs to change,we need to know that.17 14 10 16 13 11 15 CHAIR BURKE:Okay.Mr.Tsuda,would parking be 19 allowed on any of those streets up there? 12 18 Well we have cul de sacs.We haveSANDYHARRIS: turn around? emergency access routes,three of them.At the beginning when you come into the project and you make the loop coming around by Lot 1,there'S all kinds of room there to do it. required of US to put parking in,but I don't know if it would necessarily be in a spot that's going to work for a specific house having specific parking. COMMISSIONER TALESFORE:It was just a question. 8 14 11 10 16 13 12 17 15 20 COMMISSIONER TALESFORE:Thank you.20 RANDY TSUDA:I'm going to have to defer to Mr. 21 CHAIR BURKE:Follow up.Is there any place,and I 21 Rohani. designed with the Hillside Standards in mind to have the streets with 11'lanes.Typically for pUblic streets down in the bottom part of the valley these are going to be 12' 22 23 24 25 couldn't see any,that if say I wanted to drive up there, stop,park and look around,that I can legally park that's not on private property up there once this development goes in? 22 23 24 25 KEVIN ROHANI:This subdivision actually was LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 19 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 20 1 lanes,much wider.But again,taking the Hillside Standards into account and having it more like a rural setting,these are 11'lanes.So technically,yes,you could.They have 1 Highlands of Los Gatos,whereas the Board of Directors,et 2 cetera? SANDY HARRIS:That's correct. 4 rolled curbs.This subdivision,we do not have the conventional curbs and gutters,so they have rolled curbs so 4 5 COMMISSIONER KANE:That's your document? SANDY HARRIS:That's correct. to the CC&Rs vis-a.-vis this document,and it says that,"The Board of Directors has the authority and responsibility to govern the Highlands of Los Gatos in accordance with the 6 8 somebody pretty much any time or anywhere could pull off and be able to run over the rolled curbs and park to the side of the street.And again,that's not a parking place,but it would be feasible. 7 COMMISSIONER KANE:So you incorporate adherence 10 11 12 13 14 RANDY TSUDA:And legal. CHAIR BURKE:Okay.Other questions of the applicant and his representative?Mr.Kane. COMMISSIONER KANE:Mr.Harris,I haven't sat in on a planned development before,and certainly no one's ever sat in on a planned development this large and complex 10 11 12 13 14 Highlands of Los Gatos Declaration of Covenants,Conditions, and Restrictions,"CC&Rs. SANDY HARRIS:Correct. COMMISSIONER KANE:It's the first time I've looked at a document like that.It just seems strong to put in the word "govern."Who in fact is the Board of Directors? 15 before.So I don't know if all of my remarks are appropriate 15 SANDY HARRIS:The Board of Directors gets 20 the guidelines,and these are the specific plants and 21 associated things you can do in the planned development,and 22 you don't have a right to venture beyond that. 16 17 18 19 20 21 22 23 24 25 to what's going to eventually corne out as a PD.I know when we recommend the draft PD to the Town Council,I guess along with that go the CC&Rs.The CC&Rs,were they in fact written by you or your staff? SANDY HARRIS:No,the CC&Rs were not written by me and our staff,but the landscape CC&Rs were edited by Mr. Fox and myself. COMMISSIONER KANE:Bear with me.I'm looking at a document,Exhibit K,Landscape Rules and Guidelines for the 16 17 18 19 23 24 25 appointed by whoever is in the development itself,and the purpose of the strong language is when you're in a planned development you don't have the freedom to do what you feel like doing.You have guidelines to adhere to,and these are COMMISSIONER KANE:Just wanted to know who the Board of Directors were.So when folks settle up there, they'll decide who their BOD is? LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 21 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 22 1 2 SANDY HARRIS:That's correct. COMMISSIONER KANE:And it goes on to say that whereas Section 42 of the CC&Rs,among other things, 1 they're trying to do is make sure people adhere to what we 2 want guideline wise in addition to what the Town requires. COMMISSIONER KANE:Did I ask all of that? 4 provides no alterations,etc cetera,without obtaining 4 SANDY HARRIS:I hope so. 5 approval from the Architectural Review Committee of the Highlands of Los Gatos.Who is the Architectural Review 5 are. COMMISSIONER KANE:I just want to know who they 7 Committee?7 SANDY HARRIS:Well,I don't know. 8 10 11 SANDY HARRIS:We're in the planning and development stage at this point.There is no board of directors.None of those things happen until you have a development;we don't have that yet. What you have is you have Guidelines and Standards 8 10 11 COMMISSIONER KANE:So in the case of BOD,it's residents?In the case of your ARC,it's residents? SANDY HARRIS:Correct,yes. COMMISSIONER KANE:I moved into the Belwood section of Los Gatos.I came to town for the first time in 12 13 that we put into place.The Town has their own Hillside Standards and Guidelines that are already in place,so 12 13 1980,and I would allege that the realtor in fact told me that anybody who lives in Los Gatos can go to Los Gatos High 14 15 16 17 Kane? Is this going to a question,Mr.CHAIR BURKE: School.And as my babies were babies at the time,I said great,and I stored it. 14 16 15 whomever-wants to do what they do have to adhere to what we want them to do,then they have to come before the scrutiny of the Town and adhere to your Guidelines and Standards as 17 well. 18 When you draft a document like this,you can't 18 COMMISSIONER KANE:Yes. 19 leave your board of directors and all the legal stuff that 19 CHAIR BURKE:Okay,thank you. 20 has to be in there.Those are things that have to be on any 21 22 23 24 CC&Rs,and the Town's staff,by the time we get to a final map,has to adopt and approve our CC&Rs. At that point still we won't know who the Board of Directors are because we don't have people in the project 20 21 22 23 24 COMMISSIONER KANE:So guess what?They weren't able to go to Los Gatos High School,notwithstanding the promise of the nefarious suspect alleged realtors.And I was listening to someone,or reading something the other day, and Palo Alto has adopted a signoff procedure,where people 25 yet and it's made up of the people in the project,and what 25 who buy homes sign off a disclosure from the realtor that LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 23 24 1 they're children may not be able to go to the local schools 2 either.I was wondering in context of that,the question ... COMMISSIONER KANE:Can I continue with this?You 4 1 2 all seem to know where I'm going with everything. ORRY KORB:I didn't want to interrupt the flow of the question,and Mr.O'Donnell I think has already broughtmakesureyourresponseiswordedinaquestion." CHAIR BURKE:In the words of Alex Trebek,"Please 4 is.I'm building to it. COMMISSIONER O'DONNELL:Can I just say one thing? white paper before they can sell one house. COMMISSIONER KANE:Tom,tell them what peroration SANDY HARRIS:Commissioner Kane,I'd like to Basically the CC&Rs are governed by state law. the Commission up to speed. to site planning and architecture. project of this nature,including those requirements related They are regulated by the state.We do review them to ensure that they comply with all of the approval requirements that are imposed by the Commission and by the Council on a respond to your question,and I understand where you're coming from,because that's a very passionate question that 6 8 12 10 13 11 Are you saying we already signCOMMISSIONERKANE: Maybe the Town attorney ought to tell you.I mean they have to get a white paper to sell any of these things.That white paper is approved by the State of California.They will approve the CC&Rs.They will have the documentation to local school districts.So they'll have CC&Rs.They'll have a 5 7 6 8 13 12 11 10 14 off on school districts? 14 people have. 15 COMMISSIONER O'DONNELL:The school district will 15 To me there's a huge,huge difference of being in 16 tell them,give them a letter,so they will know.When you 16 the Los Gatos school district as opposed to being in any 17 18 19 get the white paper before you buy.the house,it will tell you what district you're in.It will also tell you whether there is a construction tax for example,like Los Gatos 17 18 19 other school district.But when you have a development like this,disclosure is everything,and it's not like buying a house from a realtor.Disclosure is everything.You have to Elementary.So you can ask these folks these questions,but I think the Town attorney could probably bring you up 'to speed fairly quickly. 20 21 22 23 24 25 CHAIR BURKE: speed quickly? Mr.Attorney,can you bring us up to 20 21 22 23 24 25 have all the disclosure,because you're mandated by the state. In any event,the people that buy the houses have to sign off that they've read the CC&Rs,and they also have to sign off that they've read all the disclosures,which will include where the school districts are. LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 25 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 26 __._L.--_ 1 COMMISSIONER KANE:Will they get a copy of the 1 and once they satisfy us,then they take their application Hillside Guidelines?to the Town to get approval for whatever they want to have 4 SANDY HARRIS:Oh absolutely. COMMISSIONER KANE:And schools.This is a minor 4 put in there. COMMISSIONER KANE:And that's part of the reason 5 7 point,but the gentleman speaking about the wildlife.I was wondering if we should give them something on that as well regarding contained garbage and small pets inside and the 5 I was asking this kind of question,because I read that where you stated that your package would be more stringent than the Town's CC&Rs,and I just wondered how that was existence of coyotes. 8 going to be communicated to them? 10 11 12 I was just wondering,because I didn't know how much was revealed and disclosed and they signed off on when they bought the houses.I've heard numbers bantered about on what the houses might cost,so these will not be your everyday Joe Citizen type folks. 10 11 12 CHAIR BURKE:Okay,that was the question I was looking for. SANDY HARRIS:Well because the Town doesn't have the ability to tell someone what color they can paint their house ...It can't.The Town has the ability to tell you you 13 SANDY HARRIS:Correct.13 can't have reflectivity. 14 COMMISSIONER KANE:And I wanted to make sure 14 Look at Kim Haley's house for example.I mean it's 15 16 before they laid down their zillions that they were comfortable with what they were buying,so they didn't come 15 16 purple and red.I would rather not have a purple and red house in our development,and there won't be,because we're purple and red are earth tone colors.We want a development 17 19 going to have specific guidelines that won't allow that.We 18 want to have earth tone colors,and I don't believe that in here later and get angry at us. SANDY HARRIS:Absolutely,and the disclosure goes through every single aspect that they could possibly think 17 19 18 20 about,including the fact that when they live in this 20 that's harmonious with our hillsides,and when you drive 21 development if they want to buy in it,they have to bUy into 21 into our development,it will be.You're not going to see 22 the concept of our restrictions and guidelines,not just 22 white,pink,blue.You can't stop someone from painting a 23 24 landscape wise,but for their building and everything else. Our guidelines and restrictions are going to be more 23 24 house that color,but we can. Those are the type of things we're going to 25 restrictive than the Town's guidelines and stuff themselves, 25 control.You can't control what someone is putting on their LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 27 28 1 roof,but we can.There are a lot of things we can do to make this development feel like it belongs in the hillside that Town doesn't have the ability to do,and those things 4 we will have within our CC&Rs to make sure that happens. 5COMMISSIONERKANE:Thank you. 1 Commission is looking at that I wanted to ask you a couple 2 of questions. What you have labeled as the private court,which 4 I think goes Lot 2,Lot 5,and then out to Gum Tree,is that a private road or is it a public road? 6 CHAIR BURKE:Commissioner Talesfore,you had a SANDY HARRIS:Going to Lot 2? 7 question.CHAIR BURKE:Lot 2 and Lot 5. 10 COMMISSIONER TALESFORE:My follow up question is, I'm understanding then that this is a draft? SANDY HARRIS:Yes,absolutely. COMMISSIONER TALESFORE:.Because this has to come SANDY HARRIS:Lot 2 and Lot 5 is a private road, because it connects to the emergency access that takes you all the way from Gum Tree,Drysdale,back through the 10 project,and it's not a through area.I met with the fire SANDY HARRIS:Yes,and this is only the landscape back before us and our architectural rules,I believe. 11 12 13 14 portion of it. COMMISSIONER TALESFORE:Right,so we'll address 11 12 13 14 department up there and we went over the whole scenario,and that's basically what they have signed off on,and they're the ones that we're actually making the emergency access for. 15 that at a different meeting.Thank you.15 CHAIR BURKE:Is it a trail?Are you allowed to 16 17 18 CHAIR BURKE:Okay,you guys ready for me. SANDY HARRIS:Yes. CHAIR BURKE:I'll disclose that Mr.Harris was 16 17 18 walk,'ride your bicycle,and connect to the other places across both the emergency access in there,or is it dead end fenced emergency access where pedestrians and bicyclists 21 19 cannot progress through there?19 kind enough to email me a soft copy of his tentative 20 landscape guidelines,which I have marked up.I believe Mr. Fox was given a copy back by Staff.I just wanted to give 20 21 SANDY HARRIS:It's a through access.It's got something so you can't drive through it,so you wouldn't be 22 23 24 25 the Commission a chance to look for those,and what you'll find are my changes are bold italics.The first one you can see right above the architectural rules,so if you'll look for that you'll see some changes I made.While the LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane . 29 22 23 24 25 able to drive your car through it.It's an emergency access, but if you wanted to walk or ride your bike.Our neighbor up there,Eric Hamilton,every day rides his bike and runs his dogs on the property.We do have a barricade up there so you LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 30 I 1 can't drive a car through,but it won't be restricted to 1 SANDY HARRIS:I wouldn't have a problem with where you couldn't walk or ride a bike.2 that. CHAIR BURKE:So it is open to the public for non-3 CHAIR BURKE:Saying that it doesn't fit with the 4 vehicular traffic?4 Hillside Guidelines? 5 6 SANDY HARRIS:Correct. CHAIR BURKE:?kay,great.The other thing I wanted to ask you and Mr.Fox,if I go to your sheet LD2, 5 6 SANDY HARRIS:Right. CHAIR BURKE:Okay. SANDY HARRIS:Because what I put down there was a 10 which is your proposed entry monument,and I look at our Hillside Guidelines,that's kind of the don't,and I'm just wondering how we resolve that. SANDY HARRIS:Well,what we put in there isn't 10 proposed monumentation.Exactly what we're going to have we haven't proposed yet,and we just wanted to show you where the location was and that we're going to have monumentation. But I just want it adopted that we're going to have II the exact final draft of what we're going to have for the II monumentation,and the final monumentation will be 12 monument,and that's something we can take up through A&S 12 determined once we know what we're going to be putting 13 when we're going to get to that point of what we're actually 13 there. corresponds with page 44 of the Hillside Design Guidelines. 14 15 going to put there.We're entitled to a monumentation and the Hillside Standards and Guidelines allow us to do that. 14 15 CHAIR BURKE:This is sheet LD2 and that a condition requiring that be mOdified and approved through 16 17 Now if it's something to do with the bulk and size of it,we just put something there so at least we had something to say 16 17 RANDY TSUDA:Right,and the Commission could add 18 we're going to have monumentation there,because that's what 18 a separate A&S. 19 we'd like to have.19 CHAIR BURKE:I wanted to go over my suggested 20 changes to your landscape guidelines if I may.Mostly I want 21 to put in clarification that these guidelines are subordinate to the Hillside Development Standards.22 CHAIR BURKE:Can we agree that maybe that's not20 21 appropriate within the Hillside Guidelines? SANDY HARRIS:Are you saying monumentation,or22 23 that specific one?23 SANDY HARRIS:Correct,and in the Hillside 24 CHAIR BURKE:What you're showing here.24 Standards,and actually in the CC&Rs.The CC&Rs spell out 25 25 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 31 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 32 the Hillside Standards and Guidelines,and everything 1 which require a lot more grading to reach the same amount of obviously has to adhere to that.2 retention. When the people buy their properties they're going CHAIR BURKE:What I was referring to though is 4 this would be for a landscape feature;not for the house,4 to get copies of the Hillside Standards and Guidelines.When they have their architects,or whomever the architects are going to be to do whatever design work,they need to have the criteria for them to base their designs by in addition 5 not for the driveway or the turnaround,but for your garden or whatever.Just the idea of the landscaping needs-to do a better job of following the topology,and that if you need 10 CHAIR BURKE:Right,okay.On page.three, deal with the Town with what their requirements are. to what we have here.We're not representing that this would not accommodate you to be able to use that spot,then your house slopes off at such a rate that a three-foot wall you couldn't use it at all.And there are lots of instances more than a three-foot wall to do your landscaping,that maybe your landscaping is incorrect for the site. DAVID FOX:In practical terms,I don't believe you could apply that effectively in that people are only able to use areas of a certain slope,and if the back of of that in Town that I've run into time and time again. 9 10 13 11 14 12 15 three feet and higher should not be used to facilitate Retaining Walls,I added a section,or I'm tentatively suggesting a section be added,that basically says walls landscape features. These are suggestions from me.They're not supersedes anything.This is what we require.Then you go 13 J.2 15 14 16 17 of this height be used to create flat turf areas?I mean dictates.We at the Planning Commission don't dictate;we 17 make suggestions and recommendations to the Council.Mr. 16 CHAIR BURKE:What about in no case should walls 18 Fox,you have a comment on that?18 once again we're in the hillsides where we discourage lawns 19 DAVID FOX:I believe what you're looking for 19 to begin with. 20 there,that is a landscape.A three-foot wall would be less 21 22 23 24 25 of an impact than,say,a five-foot wall.But if you have let's say five foot of grade to take up and you put in one five-foot wall,and you cover it up or you screen it,it is less of an impact than say putting in two three-foot walls, 20 21 22 23 24 25 DAVID FOX:I would suppose if you're going to use a wall to create flat turf area,you could relegate the height of that wall,but I'm not sure that that would actually stop anybody from putting turf in.Turf is one of those things that you can slope off. CHAIR BURKE:Right. LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 33 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 34 1 DAVID FOX:It is one of those things that over a 2 long period of time if you've got 100'feet of turf you can 1 are much more effective ways to control the flattening of 2 hills. drop it at three-percent,or four-percent even,so you're CHAIR BURKE:So would you support that as a four feet down at the wall.Then you put a three-foot wall in and you've actually taken seven feet of topography on that sort of thing. 4 condition going forward,that there be limits on that? CHAIR BURKE:That's fine.I believe it was 'my 5 7 DAVID FOX:We'd have to really look at that.We'd have to come to some kind of a language on that,but I believe that the Hillside Guidelines address the amounts of 19 two to one slope I come up an additional five feet and I DAVID FOX:Then you've already got controls on I question your definition of hardscape on Section CHAIR BURKE:Like I said,I'm trying to address this.Okay. RANDY TSUDA:They do not address the volume.But for yard areas they do limit the depth of the cut and fill to four and three respectively. quantities. grading on lots anyway. CHAIR BURKE:Not the volume I don't believe. 8 13 18 8.You're basically saying everything that isn't landscaped or house is hardscape?Because you do have a lot of natural 19 areas,what I wouldn't think would be hardscape. 16 17 15 14 12 10 11 when they're looking to move in rather than when they're express in here is we don't want that to happen early on coming out to get a site and architectural. DAVID FOX:I think a more effective approach,if I could suggest,would be looking at the amount of dirt being moved rather than the heights of walls,because effectively I could build a three-foot wall,I could slope up it two to one,which I can hold,and if I ran ten feet of father's uncle who said San Francisco would be a great city if they could just get rid of those hills.A lot of people move into hillsides and they say,"How can I flatten this out to put in my big lawn?"And that's what I'm trying to 8 n 15 14 13 18 16 12 17 10 21 20 create a dead flat lawn that is eight feet above the toe of the slope.So in essence,even though I only have a three- 20 21 DAVID FOX:If that is the impression,that is not the impression that was trying to be conveyed.You know when and shade areas." it says hardscape elements,i.e.patios,walks,et cetera. site other than the home itself,planted landscape areas, 22 23 24 25 foot wall,I've created an eight-foot wall because I've sloped back up to the lawn.So I think that controlling or having guidelines that suggest the amount of earth movement 22 23 24 25 CHAIR BURKE:It says,"All components of a home LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 35 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 36 2 about in Hillside Standards,the "rural feel." 1 rural type thing,and this is supposed to be,as we talk1DAVIDFOX:Well if they're planted areas or the 2 home itself. CHAIR BURKE:They're not hardscape. 4 DAVID FOX:Right. 5 CHAIR BURKE:But then you have an area of 4 5 DAVID FOX:Decomposed granite performs magnificently as long as it's kept to a slope of under two percent.Even with the alum-based stabilizers that are decomposed granite,you have an area on tanbark:I mean that's not hardscape,and I just question that. 7 DAVID FOX:Well,it depends on the jurisdiction 6 7 8 available,once you get above that,when the water starts to run down,once it gains any velocity,it will cut right through the decomposed granite so that erosion becomes a big 9 10 you're in,and in most jurisdictions in Northern California decomposed granite is considered hardscape. CHAIR BURKE:You're sure?Okay.That was probably 10 problem with this material. CHAIR BURKE:Okay,very good.On your Sections 12 and 13 I asked that you referenced the Hillside Design 11 12 a bad choice. DAVID FOX:But you're right,a tanbark area, 11 12 Standards and Guidelines,just because pools and tennis courts have caused grief here in front of the Planning 13 although "a tanbark area would be tantamount to a planted 13 Commission before.I understand we're going to reference, 14 area.14 but the type of thing is when you have those you want to 15 16 CHAIR BURKE:Okay.But you understand my concern? DAVID FOX:I do understand your concern. 15 16 emphasize that these are restricted by the guidelines, because we've had people come and be very upset that they 17 CHAIR BURKE:That people don't have to cover 17 couldn't get a pool or sports courts or whatever because the 20 18 their entire property with landscape in order for it not to 19 be hardscape. DAVID FOX:It could be planted with natural 18 guidelines don't do it.Part of what I'm trying to do is to 19 make sure that when people come in,they don't get 20 surprised. DAVID FOX:And wouldn't that go back to your 22 first comment that says,"Where there is a conflict the stricter rule applies"? 21 23granite.You had,"Large areas of decomposed granite will 22 21 hillside plants that naturally occur. CHAIR BURKE:Right.Which takes me to decomposed 23 24 25 not be acceptable."What's wrong with it?I mean I've seen decomposed granite look very good.I mean it's kind of a 24 25 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 37 3B CHAIR BURKE:Yes,but it's one of those things,But I agree with you.The use of decks on 2 some people read what they want to read,and the more places DAVID FOX:Well like Sandy said,they're going to you put it maybe they'll read what they don't want to read. went by something. DAVID FOX,You did.would be very happy to have something 36"or even 48"off that everyone here has mentioned to us time after time,so I So it does harken back to visibility and that's something you're not grading that area in order to create that patio. 7 6 5 4 foundations in,but the natural hillside stays the slope of the natural hillside.You are flattening area up above,but grade.You can build something over a grade,you can put the 2 hillsides is a good alternative because you don't have to Right,okay.Oh,I've been told ICHAIRBURKE: have to comply with both the CC&Rs of the project and the Hillside Guidelines both.They have to comply with those. 6 7 4 5 10 11 CHAIR BURKE:Decks and patios.With the slope lots I'm seeing there,you have a restriction of your deck can't be higher than 18"above finished grade.To me it sounds like that's encouraging grading.I mean ideally the deck should step down,but there are times you need a 10 11 12 the ground. CHAIR BURKE:My concern is that causes grading, because you corne off a pier and grade beam foundation,your floor is going to be 18"above grade minimum to start off with. certain amount of area,so I don't see what the problem is,DAVID FOX:Correct. 18 directly back to visibility,because if you look like up to fits the standard and reduces the grade. as long as it's attractive,of being 24"or 30"up if it 15 16 CHAIR BURKE:So you want to bring a deck up flush that you're already out of line with that,and then it slopes away it all.All of sudden you've made it where you 18 can't have a deck,so when the guy wants to put in his deck, 17ThatissomethingthatharkensDAVIDFOX: 16 15 20 tremendously high decks. 19 Santa Rosa and Sierra Azule up there,there are some 19 he has to justify grading because he's saying the CC&Rs 20 don't do it. DAVID FOX,If you folks could see your way clear that slope. lessen the amount of grading that would have to be done on 21 22 to having something higher than that,even though it creates a little more visibility,it would absolutely positively 25 24 23 CHAIR BURKE:Does it say 18"or 18'? DAVID FOX:Yeah,the ones up there are 18'off the ground,so that if you build a deck that's a little higher off the ground it makes it a little more visible. 22 24 25 21 23 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 39 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus,of Shady Lane 40 1 2 CHAIR BURKE:Mr.Tsuda. RANDY TSUDA:I just want to point out to both the applicant and Commission that when Staff reviews situations 1 The point I would like to make though with the 2 fountains and the statues,because I did try to come up with some language that said design in a manner that's hillside 4 like this regarding heights of decks,we not only look at 4 characteristic,what does that mean?Bambi?I have no idea. 6 10 11 12 13 the height of the deck above grade,we also look to see if the design incorporates grading to·try and disguise that height of the deck.In other words,we discourage extra grading in order to bring the perceived height of the deck down or to reduce that.So we're looking at it from both perspectives,limiting the amount of grading and requiring that deck to be as low as possible. CHAIR BURKE:And the last two biggies I have here,one is fountains and statues.I know there are some God awful fountains and statues that are visible from 5 6 7 8 10 11 12 13 But I think I could address fountains or water features to maybe something like they be flowing,natural appearance like to reflect where they are,if at all possible .. DAVID FOX:I mean no offense to people that like leaping dolphins out of pools of water,but I think that a strong statement might be architecturally appropriate fountains,things that go along with the architecture of the house for instance. COMMISSIONER TALESFORE:Right,so there'S not a terrific conflict. 14 Shannon Road as you drive by.I would like to see something 14 DAVID FOX:Exactly.If you have a house that is 15 16 17 18 in here that fountains and statues are not visible from the street and other public areas.I mean if you want to hide them in your backyard. COMMISSIONER MICCICHE:Are these just ugly 15 16 17 18 stone veneered for instance,then maybe the water feature is also a stone veneer,something that really attaches itself to the architecture. COMMISSIONER TALESFORE:Right,but I was thinking 19 statues? 20 CHAIR BURKE:Well,we are not the fashion police. 19 in the CC&Rs you may just want to instead of fountains maybe 20 you put down water elements that are natural,flowing in 21 22 23 Miss Talesfore I think is. COMMISSIONER TALESFORE:Not really,but I think it's pretty hard to determine what to one person is 21 22 23 appearance,characteristic to the hillside. DAVID FOX:I think that,in addition to attaching it to the architecture,would be good. 24 25 beautiful and to another person is questionable,so I'm not sure we can do that. 24 25 COMMISSIONER TALESFORE:Right,okay. LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 41 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 42 1 CHAIR BURKE:And part of my reason for raising 1 DAVID FOX:Additionally,Commissioner Burke,I 2 this point is I assume the Council will be getting a have a real concern.I work a lot in Woodside and there are verbatim transcript of this and these will be issues that a lot of horses and things there. CHAIR BURKE:That's right. DAVID FOX:But the town of Woodside has provision for walking your horse on something other than an asphalt6 4 traditional rural area and I would think it would be a shame 5 4 they can struggle with. Lastly horse corrals and barns.This has been a 6 to say you can't have a horse up there.That's my opinion,7 street,and this subdivision doesn't have that 8 but I float that now.I see Mr.Fox grimacing.I guess Mr.accommodation,and I worry about the impact of horses on 10 11 Harris may be allergic to horses. SANDY HARRIS:No,I would like to inflict my opinion there.I don't want barns in our development.The Town Hillside Standards and Guidelines have a square footage 10 11 public streets. CHAIR BURKE:Like I said,I raise these as issues and suggestions,not mandates. I added a section on turf limitation.I know that 12 13 mandate as far as structure is concerned,and if someone builds a house and then they decide they want to have barn, 12 13 the Shannon Valley Ranch project does have a limitation and I was suggesting that maybe there be some limitation,and 18 whatever they may want to do.We're trying to restrict.the 14 15 16 17 you need a fairly sizable barn to accommodate a horse. We have mandated areas where people can have houses built on envelopes.We don't have an area mandated where someone can build barns,or sheds for tools,or 14 15 17 18 whether it's five-percent or ten-percent of the buildable area,but I think we should express that typically we're not big fans of turf in the hillside,just because of the water usage,the runoff,and things like that. DAVID FOX:Right.The ten-percent is low.It's 19 buildable area within the envelope that we want for the 19 low in terms of this particular project,because the 20 house,and we have not accommodated for barns nor do we want 20 development areas are very small.So if you have a 7,000' 21 22 to accommodate for barns.In my opinion that's a deal breaker.I mean we're not going to put barns on our project. 21 22 envelope area that you can develop in,you're talking about 700'of turf,which is not even half the size of this room. 23 CHAIR BURKE:Okay.23 CHAIR BURKE:I believe I said five-percent of the 24 24 landscape area,and the landscape area is the non ... 25 25 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 43 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 44 DAVID FOX:The total area that is not scenic 1 those fellas are really,really tall at this point and they 2 easement?2 leave a big,big mess.Redwood trees have an acidic value to CHAIR BURKE:...that's not scenic easement.them that doesn't let anything grow anywhere around or That's an acre,so you're talking anywhere from 2,000-4,000 square foot alone,which"is a whole lot of lawn. DAVID FOX:That's fine. 4 underneath it,and they are constantly dropping stuff to 5 7 8 CHAIR BURKE: forward to Council. And like I said,suggestion going 8 eliminate any type of growth underneath it,and we kind of really want to have landscape areas and we want to have the project look nice,and redwood won't allow you to do that. They're very similar eucalyptus trees.Eucalyptus DAVID FOX:Yeah,that's fine.trees don't want anything growing around them either,and 10 11 CHAIR BURKE:And my last suggestion is minor one. I thought on your supplemental planning list for trees,I was going to recommend a giant sequoia.I have seen them up 10 11 that's why they drop what they do.That's why we didn't put them in here and I'd rather not have them in if that's something that we can have. 12 on the Bear Creek redwoods.I don't know where they come, 12 CHAIR BURKE:Well that's your call,but redwoods 13 14 but I also know they grow quite well along the south side of the ridge you're building on.I know that from personal 13 14 are already in here,and I was just trying to put in one that requires less water. 15 experience.15 SANDY HARRIS:But the sequoia is a big fella,and 17 get giant. 1616DAVIDFOX:Yeah,giant sequoias are fine.They it takes a huge area,and its umbrella can be the size of 17 this room. 19 don't over water them. 1818CHAIRBURKE:But they take many years if you CHAIR BURKE:That's fine,just suggestions on my 19 part.And two last things.You don't allow solid fences. 20 DAVID FOX:In 4,000 years they're going to be 20 SANDY HARRIS:Right. CHAIR BURKE:Now it was brought up,coyotes, 23 21 22 garbage,and I'm just wondering if you would want to have an exemption for solid fences within say 6'-8'of thefloodwillhavetakenouttheproblembythen.23 21 really big,you know. CHAIR BURKE:Well,I think luckily the 100-year22 24 SANDY HARRIS:I'd like to comment on that if I 24 structure,because I know that at one point neighbors don't 25 might.The last house I had I planted sequoia redwoods,and 25 want to look in and see the garbage cans,and secondly,you LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 45 46 "~--_._----_._------------------- 3 1 do want to keep the wild animals out of there.So that was 2 just a thought. DAVID FOX:Sure.I mean if the Commission sees 1 questions,but I always feel it's the details that make a 2 project good,and I just want to make sure we weren't boxing ourselves into a corner. 4 its way clear to including some solid fencing around the 4 SANDY HARRIS:Likewise.I'd still like to 5 10 11 12 13 14 15 16 17 house,that would be great,because it would absolutely ensure the security of the garbage areas and things like that. COMMISSIONER BURKE:And lastly,are you going to have a minimum house size on your CC&Rs?I've seen some developments where they say you can't build anything under a 4,500 square foot house. SANDY HARRIS:Minimum lot size? CHAIR BURKE:Minimum house size. SANDY HARRIS:Like 10,000 feet? CHAIR BURKE:No,like are you going to require a 3,500 square foot minimum or anything like that? SANDY HARRIS:No. CHAIR BURKE:Okay.That's it.I'm done with my 5 6 7 10 11 12 13 14 15 16 17 reiterate,thank you for making time for us tonight.I know we're coming into the holiday season and you don't have another hearing until sometime next month,and I appreciate you guys making an exception for us tonight.Thank you. DAVID FOX:Thank you very much. CHAIR BURKE:Thank you.So I'm going to close this public hearing and open this up to comments,questions of Staff,and a motion. As far as a motion,we're making a recommendation on the Environmental Impact Report certification.We're also making a motion on the recommendation for this PD.Being that this is a recommendation,if there'S any chance we could get a consensus motion with pros and cons of some of the areas,that would probably be the best way to send it to 18 questions.Any more questions or questions of Staff at this 18 Council.Mr.Micciche. 19 point?If not,I'm going to close the public hearing and 19 COMMISSIONER MICCICHE:I was not at the last 20 21 22 23 24 we're going to look for comments.Questions of Staff may generate questions of the applicant from Staff,from one of us,or something like that.I mean questions of Staff may come out in our discussion.So seeing none,I'm going to close the public hearing.I'm going to thank you two 20 21 22 23 24 meeting,but I unfortunately got the tape Saturday and painfully listened to it for an hour and a half today on a plane.And then after listening to it I sat another half hour and wrote down some comments I'd like to read here at this point. 25 gentlemen very much for putting up with my list of 25 CHAIR BURKE:Please read your comments. LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 47 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 48 1 COMMISSIONER MICCICHE:I think you all know,the 1 We're appointed to the Planning Commission to PD process here was established to allow alternative developmental approaches more consistent with the site 2 provide Counsel with our best thinking and to apply good 3 judgment in formulating a recommendation.Hillside achieved.It's incumbent on us to use our best judgment in formulating our recommendation on a project of this nature, 5 4 development projects are challenging to design,and the PD process offers a logical way to ensure that best design is 7wholepurposeofit. 4 characteristics than the ones typically allowed by the zoning regulations,and it's intent is to create an optimum quantity of open space and encourage good design.That's the This is a unique site.Sometime ago it was and I think you can tell,a number of the commissioners have approved for 30 lots.I don't know if many of you know that,worked hard to do that. but it was,and as a result the roads were graded in.And 10 the roads were installed in the appropriate locations based 11 on that and it doesn't make sense for me to suggest any 12 relocation of those roads,so they ought to stay as they 10 11 12 The PD process specifically allows projects to deviate from the strict zoning rules providing the project demonstrates good design.I believe this project achieves an optimum design and provides a significant amount of open 13 14 15 16 are. I think this application does exceed the strictest interpretation of the slope density formula by a fraction of a lot,but it does comply with the General Plan as far as 13 14 15 16 space.The proposed water system will also provide the area with a much needed public water system for the residents and will address a critically needed fire safety issue. So I am clearly going to be recommending that we 17 I'm concerned,and the newly adopted Hillside Development 17 pass this along to Council for definite approval,modified 18 19 Standards.I believe they are consistent with that. The PD process allows for a properly designed 18 19 by a lot of the inputs that were given tonight by the rest of the commissioners.That's not a motion at this point. 22 21 other commissioners at this point? CHAIR BURKE:Understood.Do we have comments from20projecttoexceedthatstrictinterpretationoftheslope 21 density formula,but there has to be a compelling reason to do so.There's no question in my mind that the public water 20 22 COMMISSIONER KANE:As I said at the last meeting, 23 24 system offered by this project offers that significant community benefit,so I think we've covered ourselves on 23 24 I was going to ask Mr.Tsuda to refresh our memories of exactly what we're giving up when we approve a PD.What are 25 that. 25 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 49 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 50 1 we giving up in terms of protection for the hillsides,if 1 hallway and say well you gave that one up,you can't have 2 anything?2 that one?Is there anything in there,Randy,that I should 6 be concerned about or worried about that we are,for the 4 sake of a facilitation if you will,that we're giving something up?Visibility? Through this process,at this pointRANDYTSUDA:6 RANDY TSUDA:Well you're really not giving up 4 anything.The intent of the PD ordinance and PD process is it's established to allow the Commission and ultimately the Council to approve projects that have essentially their own self-contained set of zoning and development standards that 7 you have not waived any of the requirements of the Hillside accomplish a few objectives.One is as Phil mentioned, achieve good design,that achieve a design and a quality of project that warrants flexibility from the standard 10 requirements of our zoning codes,in this case the HR zone. 11 In exchange for that you have the ability to 10 11 Standards and Guidelines.Those are still in place,those are still required,and they're referenced in several sections of your conditions and approval,so those standards remain.All the new homes in the A&S application will be reviewed based on those standards,so in this case what you 12 require certain things.In this situation you can request 12 are potentially getting,depending on how the architectural 13 detailed architectural standards.We've spent a lot of time 13 standards are crafted,is more assurance,a higher level of 14 15 talking about the landscape standards,and those all need to be revised to reflect the comments of the Commission, 14 15 control over what can ultimately be built.The Hillside Standards will set a benchmark.The 'applicant's 16 Council,and of Staff,this whole concept of amount of 16 architectural standards can go beyond that and be much more 17 18 pUblic benefit that's being provided,on and on. So there'S essentially a tradeoff in that yes,you 17 18 prescriptive than what is normally required. COMMISSIONER KANE:Thank you very much. 19 are giving some flexibility from the standard requirements 19 CHAIR BURKE:Commissioner Talesfore. 20 of the HR zone,however you are also achieving more 20 COMMISSIONER TALESFORE:Questions of the road 21 certainty in terms of the quality of the design and the 21 have come up tonight and previously and in a letter that we 22 ability to impose specific standards.22 all received,which I don't know where it is in this packet, 23 COMMISSIONER KANE:In going the direction of a 23 but I think you probably know the one I'm talking about. 24 PD,not having done one before,is there anything I should 24 So I just wanted you to please comment on the road 25 be concerned about,anything that's going to jump out of the 25 conditions that lead to the property.Is there anything we LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 51 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 52 1 need to be aware of?How are the ditches?I haven't seen any 2 glowing thing from Staff or anything,but I just wanted to address that. 1 Design Guidelines,and correct me if I'm wrong on this or if 2 things have been mitigated or altered that I'm not aware of, but I think it calls out the driveway shouldn't be graded 4 5 RANDY TSUDA: Gum Tree Lane? Are you specifically referring to 4 5 more than 15%. RANDY TSUDA:That's the typical standard 10 11 12 13 14 15 COMMISSIONER TALESFORE:Well probably any of them that might impact the development of this future project. RANDY TSUDA:The applicant is proposing some upgrades to Gum Tree Lane where it doesn't require the elimination of trees and doesn't require retaining walls,et cetera,and those are actually identified now as part of the package.The Town's traffic engineer and Parks and Public Works Department have reviewed that.They walked Gum Tree. They concur with what is proposed at this point.So we're comfortable with the way the design of Gum Tree is currently designed. 7 10 11 12 13 14 15 established by the fire department. COMMISSIONER TALESFORE:And so this one on Lot 22,is that 15.25%?Are we going to the absolute maximum allowability on that?Are we comfortable with that?Can you comment on that? RANDY TSUDA:Well 15.25%,we know from past experience with the fire department,is perfectly drivable from their standpoint.And as you approach Lot 17 and Lot 18 they do get more concerned,but I don't think they're going to oppose a project given that it's at 15.25%. Based on the Commission's previous concerns,this 17 another question.May I continue,Mike? 16 17 16 18 COMMISSIONER TALESFORE: CHAIR BURKE:Please do. Okay.And then I had is a different design than you previously saw in order to address some grading concerns and try to minimize the 18 impacts on the trees.I think it's the tree impacts that we 20 has worked really hard to make the lots feasible and then 19 COMMISSIONER TALESFORE:And I realize the Staff 19 are going to be particularly concerned about as we go 20 through the A&S process on this lot. 22 21 the guidelines,and I appreciate that.But there's a multitude of lots,and some are positive and some are rather 21 22 COMMISSIONER TALESFORE:On this particular lot? Okay.Thank you.That's all my questions for now. As some of you remember from some of the study sessions,I 23 24 kind of questionable at this moment. There was Lot 22,and I was looking at the 23 24 CHAIR BURKE:I'm going to make my comments now. 25 driveway,and if you refer to Exhibit G,in the Hillside LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 53 25 have made the comment that I've lived for about 40 years LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 54 with the private water system.I used to not always know 2 when I turned on the faucet in the morning whether I was 1 19'"lot.I'm going to state my reasons for it.That doesn't 2 mean I won't support a motion for 19 lots,but I do want to 4 ,3 going to get water or air.When I got air,for the next couple of days I'd have kind of brown water because it had 4 get my concerns on the record,because I think they're important. 5 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 knocked the scale off the pipes.I see people smiling who can relate to that too. Put a~a planning commissioner my primary duty is to the General Plan,the policies that have been set up by the Council.I've struggled wfth this.I've looked and I have printed out sections of the Code,sections of the General Plan,and think what can I do?Because I do think what Mr.Harris is offering is a community benefit that probably we've never seen before,we will probably never see again. I am concerned he's trying to do too much,and by that I mean,and I don't mean this as criticism to anybody, but what point does taking the water to the people's lots as opposed to running the main down the street just go a little bit beyond what we should expect a developer to do today? are we setting the bar too high tomorrow for developers,and Are we encouraging neighbors tomorrow to demand too much from their developers where we really go beyond the nexus of community benefit?But I'm not going to be critical of Mr. Harris's generosity at all.I think it's great. But where I do have fault is when do we lower our standards for that generosity?I do have concern about the LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,'Terminus of Shady Lane 55 5 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 If I look at some of the Town's ordinances,I think Mr.Micciche talked about that,but that the purpose of the PD overlay zone is to provide for alternative uses and developments that are more consistent with the site characteristics.We don't talk about any place in there where it is for a higher density development to provide a community benefit,and once again I'm not disputing the community benefit,but I am just going by what the Town has done over the past 25 or 30 years and what do the regulations say. I also look at the Hillside Guidelines.The Hillside Guidelines say that PDs will be used to reduce visibility from the valley floor.Well the PD is gaining us an extra lot,and whether that is Lot 2 or Lot 12,which would be the one I would get rid of due to visibility reasons if we didn't have a PD.Those lots are very visible. So according to the Hillside Guidelines,we are not following the intent of the reason to have a PD,we are going opposed to the intent. So these are my concerns that I stress with the 19 lots,not with the community benefit. LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 56 1 The slope density and the densities are permeated 1 ORRY KORB:I would recommend that you take them 2 throughout our zoning.Even in our General Plan we list the 3 density ranges over here for hillside developments,and the 4 zoning ordinance,if you're going to zone the hillside, 2 in separate steps and you do your motion regarding the EIR first. CHAIR BURKE:All those in favor?Next motion,Mr. I'll second that motion.COMMISSIONER MICCICHE: COMMISSIONER O'DONNELL:Okay,then I would move that we recommend to the Town Council that they certify the EIR as being complete.6 4 5 define that in this ordinance. basically says an ordinance zoning HR must set one of the density ranges,two-and-a-half to ten acres per dwelling, and then goes on define that,and this is must,and we do 5 7 10 11 12 13 And so I believe that this PD has a lot of gray area here.While it may be dark gray,I can't call it white. But as I said in the beginning,we're not the final arbiters of this decision,and there's another group of people that have the flexibility to say dark gray isn't black so I can call it white.So I state that up front. 10 11 12 13 O'Donnell. COMMISSIONER O'DONNELL:The next motion you have listed here is acceptance of the mitigation monitoring program,which is Exhibit C,and I would move that we recommend to the Council that they accept the mitigation monitorirlg program,which is attached as Exhibit C,and I think it's attached to the final EIR.14 15 But those are my concerns.I wanted to state them now for the record.Thank you.Mr.O'Donnell,you'd like to 14 15 COMMISSIONER MICCICHE:I'll second. 16 make a motion. 16 CHAIR BURKE:Okay,we have a motion and second. 17 COMMISSIONER O'DONNELL:If I understand it,and 17 All those in favor? 18 19 I'm directing this to Staff,when I look at the last page of the report of November 9'",it says that if we're satisfied 18 19 Mr.Donnell,before you make your t~ird motion, which I assume you're going to make,I'll make a request and 20 21 22 23 24 25 with the information that has been presented,we should formulate a recommendation inclusive of the following.So do we do these sequentially?In other words,initially make a motion to recommend the certification of the EIR to the Town Council?Take them separate steps or put them all together? 20 21 22 23 24 25 you can feel free to honor it.But I think to put this clear to Council,if we could get a consensus motion and maybe part of the consensus motion could reflect various views so it's all part of the motion,and that way they have a nice summary of our overall feelings,what our concerns are,and it goes through with the unanimous motion where we may not LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 57 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 58 ."._~----.--------------------------------- 1 all agree with all the points of the motion,but at least 2 they'll all be in one place for the Council to check. COMMISSIONER O'DONNELL:Let me do this.Let me 1 that this is the first HR-PD that is actually exceeding the density of the underlying HR zone,on when that should and should not be done,because we're in really uncharted 4 make a motion and then maybe get a second,and then we can 4 territory. step back and let people hang things that they want to on the motion.Is that what yOU're suggesting? me.What I want to be careful of is in making the motion thought this while three thought this. COMMISSIONER O'DONNELL:That would be fine with not everybody can agree with it,we can at least include that as part of the motion that two of the commissioners But I think we're recognizing there is significant The Town has never had an HR-PD,an HR 2.5 PD or to increase density in hillside. this is appropriate.And I don't know how to word that,but I think you know where I'm going. community benefit here,and so what I'm saying is this is a an HR 1 PD or an HR 5 PD that exceeded the underlying density of that particular zone.So we are very much in uncharted territory here,and I think that the policy has been on the Council not to do that.Lee Bowman,the planning director here for about 30 years,said a PD will not.be used good chance for the Council to give clarification on when 7 15 14 12 11 10 To 2.5 PD. That's what I'm suggesting,and ifCHAIRBURKE: COMMISSIONER MICCICHE: that we recommend to the Town Council essentially that they adopt the ordinance which we have been provided a copy of tonight,which deals with the change from HR 2.5 ... 8 7 10 14 15 16 COMMISSIONER O'DONNELL,...to the PD.This is a 16 COMMISSIONER TALESFORE:You just did. 17 very detailed ordinance,but I take it this is what we're 18 recommending to the Town that they adopt,so that being the 17 18 COMMISSIONER O'DONNELL:I don't have a problem with that,assuming I fully understand it.The one question 19 case,I would move that we recommend to the Town Council 19 I guess I have is you're stating it as a black and white 20 21 that they adopt the ordinance,a copy of which we have before us. 20 21 proposition,whereas previously you stated it as a perhaps gray,black,and white.Have you suddenly found clarity? COMMISSIONER MICCICHE:I'll second. amendment to the motion.I would request that as part of this,the Council set out clear policy guidelines,being 22 23 24 25 CHAIR BURKE:I will start with a request for 22 23 24 25 CHAIR BURKE:No,what I'm saying is we are venturing into an area that goes against Council policy for about 30 years,or 25;I don't know how long they've had PDs in the hillside.We need to recognize that we are doing LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 59 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 60 that,and we need to as part of this motion.Council is 2 making the final decision,but we need a little bit of guidance.Well,I'll say you guys will need guidance going 4 forward for the next HR-PD that comes through.That's all I'm saying. 1 this question,about the use of PDs to increase density 2 beyond what is otherwise considered allowable density. The PD ordinance by its own wording says that 4 density cannot be increased beyond the General Plan,and so arguably this does not violate any policy.But I think what 7 that. COMMISSIONER O'DONNELL:I have no problem with 6 7 you're saying,and perhaps I can suggest wording,is that you ask Council to note that by approving this PD that the 10 11 12 COMMISSIONER MICCICHE:Let me get some clarification.I think this is very specific and I'm concerned that we're trying to make something general out of it,so I'm going to ask Staff for a moment. I read this thing as we can exceed the slope density formula with a compelling reason.That is the 10 11 12 Town would be permitting the use of a PD to exceed the density formula in the ·zoning code,but not beyond that which is allowed in the General Plan,period,and that,if Council says yea to that does give at least the limited guidance that I think you're asking for with regard to any future application. 13 policy.Am I wrong on that,because that's the way I read 13 CHAIR BURKE:Thank you,Mr.Korb.I think that 14 it?That's what I stated before.14 clarifies that to me.I don't know if it was ever a written 15 RANDY TSUDA:Let me just read to you what the PD 15 policy or not of the Council;I just know from what my 16 ordinance states on density regulations."In residential 16 research says that an HR-PD has never exceeded in all the 17 planned developments the official development plan 18 prescribes the density,which may not exceed the allowable 17 18 years they've ever granted one. COMMISSIONER MICCICHE:I have no problem heading 19 density limits of the land use element of the General Plan."19 that.Go ahead.Anything else? 20 21 22 23 COMMISSIONER MICCICHE:Period. RANDY TSUDA:Period. ORRY KORB:I think that the issue raised by Mr. Burke is his understanding,and I can't confirm what has 20 21 22 23 CHAIR BURKE:I would like at least some references to the suggestions I put in the landscape guidelines.I referred to them that are suggestions to the Council to consider. 24 25 been Council's policy and if there even has been a policy on 24 25 COMMISSIONER MICCICHE: with the ... The ones you agreed on LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 61 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 62 CHAIR BURKE:The ones we agreed on with the ... COMMISSIONER O'DONNELL:Let me say this,and just again for the record.I don't personally believe that the 1 ordinance;it can't be done.You cannot by private 2 organization adopt CC&Rs that trump the Town's ordinances, no more than they can the state. 4 10 12 13 Planning Commission should sit around rewriting guidelines, CC&Rs or otherwise.I think that that is a task that is not within our purview.Therefore I don't support that.I won't stand in the way.In other words,you've suggested we say who is favor of that and who is not and the Council can consider that.I just think it would be a painful,slow,and inefficient way to do things if the Planning Commission got to work over CC&Rs,guidelines,and landscape things.My personal experience is we are not qualified,nor do we have the time to do that.So that having been said,fine. CHAIR BURKE:Okay.I respect your opinion,Mr. 4 5 6 7 10 12 13 So when we say the strictest shall apply,that's just wrong.So it's unenforceable and it's wrong,and that's why I say we're not qualified to do that,because you're dealing with things the state has to approve,you're dealing with things that have been litigated,you're dealing with drafting.So when I see those kind of comments,I realize they're from the best of intentions,but we're straying in an area that we don't have expertise in. ORRY KORB:If I can just add also for Commissioner Burke's sense of well being about this project, when I look at CC&Rs and review them,it is a standard 14 15 O'Donnell. ORRY KORB:I should add one additional point. 14 15 practice on my part to ensure that all of the Town's codes, guidelines,approvals,et cetera,are incorporated expressly 16 17 18 19 20 There are times when I have in the past recommended language for CC&Rs that has been rejected by the state Department of Real Estate,so the last thing in the world we want to have is a condition imposed by the Planning Commission that ·can't ultimately be complied with because of some regulatory·body 16 17 18 19 20 into the CC&Rs where appropriate to ensure that they haven't been dropped,that everybody who will reside in that development forever will be aware of those in every context, including future architectural changes that they may be proposing for their projects,landscaping,et cetera. 21 that we don't control.21 CHAIR BURKE:Clarification.So Mr.Harris can't 22 COMMISSIONER O'DONNELL:Well as an example of 22 have guidelines that are stricter than the Town's? 23 that,we had a long discussion about the stricter rule 23 COMMISSIONER O'DONNELL:No,what I'm saying is 24 25 applying.Somebody cannot adopt their own rules that are stricter than the Town and have that tap the Town's LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 63 24 25 yes he can,so long as they do not conflict with the Town's ordinance.That's all I'm saying. LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 64 3 this transcript of our discussion on the motion,I feel 1 2 CHAIR BURKE:Okay,that's fine.Mr.Kane. COMMISSIONER KANE:When the Council listens to 1 reasons we struggled with this project.I'm going to read 2 this section to you real quickly. Basically they talk about an alternative to Mr. 4 compelled that it also hear that I have a Staff Report in 4 Harris's project.They call it the General Plan Density 5 front of me that on slope density says the maximum number of 5 Alternative:Eliminate One Lot."This alternative would 6 lots is 18,not 19,and I have a Staff Report in front of me result in the development of 18 lots,which would represent 7 that say the EIR expresses concern for the density.I've a density that is consistent with the maximum density 10 11 read that EIR and at 647,000 pages it wasn't an easy thing to do. Those concernS just -don't go away.As guardians of the hills,they just don't go away.But I can't argue against the merit of the water argument;it's very difficult 10 11 allowed by the Town's slope density formula.Since the proposed 19 lot subdivision is inconsistent with the density allowed by the Town,this alternative would increase the project's consistency with the Town's General Plan and zoning ordinance." 12 13 to do.I don't like being over a barrel.I'm probably not going to stand in the way of the water,but if the Council 12 13 So I know some of you have said it's completely consistent.The state consultant says it isn't.We've 15 wants to go and examine further the concerns of the EIR on density and the issue the Town report puts in front of us on 14 15 struggled with it,but we also realize-we can't really use the term overriding consideration,because that's a 18 critically important. 16 18 17 technical term-but there are other things we need to take into account here.That's why we struggled with this. RANDY TSUDA:We should also just note that at 19 last week's meeting the EIR consultant did clarify whatCHAIRBURKE:For the audience,because I know that that's here,even though the water clearly is slope density,that's fine.But I think it needs to be said16 17 19 20 21 22 people have brought this up,that everything is consistent here.I'm going to read that because I want to let people know what Mr.Kane's concern is. 20 21 22 happened subsequent to the draft EIR and noted that it is consistent with the General Plan land use density and clarified that through the adoption of the PD ordinance it 23 This is the California Environmental Quality Act 23 would be consistent with the Town's zoning code. 24 document prepared by the consultant.This is one of the 24 ORRY KORB:So to be clear,there is no 25 25 inconsistency with the General Plan,and there would be no LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 65 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 66 1 in consistency with the zoning code,because the PD ordinance essentially trumps that provision of the zoning 1 recommendations we should make as to findings?Yes,I think that means yes. I would like to then append those findings,which 4 I will read,to the motion that we've previously made that 4 code. CHAIR BURKE:Right,but that's why we struggled with it,because it did take a change in order to do it.I mean we were basically a legislative change to change it to 5 6 we're hanging things on.The findings would be that the zone change is consistent with the General Plan and Hillside 10 II 12 13 make it consistent.Mr.O'Donnell. COMMISSIONER O'DONNELL:Mike,I just also want to be clear that on the community benefits we've all talked about water,but there is a list of community benefits on page eight of this report we have of November g"and I want to make sure the record reflects that I think we all agree with those community benefits,namely the open space dedication and scenic easements.We talked about the water 7 9 10 II 12 13 Specific Plan,subject to Mike's question and caveat. The Town's traffic impact policy requires a finding that the benefits of the project outweigh the project's associated traffic impacts,and I believe we've heard sufficient testimony on that part to agree with that. The Town's infill policy requires findings for approval of the project inclusive of excellence in design and community benefit,and I think we've heard a lot of 14 15 16 system.The extension of public utilities,including a sanitary sewer,provision of additional fire protection, i.e.hydrants and water source for the hillside.Emergency 14 15 16 testimony on the excellence of design and even more testimony on community benefit. And then we've already made findings for 17 access road connections to Gum Tree Lane,Shannon Road,and 17 recommending the certification of the Environmental Impact 18 19 Francis Oaks.Tree restoration program and improvements to Gum Tree Road to improve site lines.So all of those are 18 19 Report. So those are the findings I think we're supposed motion.I would ask that the Commission either agree with me or disagree with me that the proposed monument as shown on to add,and as the maker of the motion I'm asking if I can amend it to put it on? COMMISSIONER MICCICHE:So add it. Here's my last comment for theCHAIRBURKE: 24 20 22 21 23 25 also community benefits. The other question I have for Staff is on page one of that item.There are a number of findings that are there, which I take to mean that somebody has got to make those findings or make those recommendations.Are those 24 21 22 23 20 25 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 67 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 68 1 sheet LD-2 is inconsistent with the gating and monument 1 CHAIR BURKE:I'm looking at the latest conditions provisions of the Hillside Development and Guidelines.as of today.What's the name of the condition? 4 COMMISSIONER TALESFORE:I agree. CHAIR BURKE:Okay.Thank you.I'll say the design COMMISSIONER TALESFORE:The latest conditions.Oh 4 well,I didn't check.They changed? CHAIR BURKE:Were you referring to Condition 12, COMMISSIONER TALESFORE:Two,I'm sorry.I've been reading so much. 5 7 of that,not the concept of it.Commissioner Ta1esfore. COMMISSIONER TALESFORE:First of all,Mr.Harris, you've certainly embraced the concept of community benefit and should be a model for that when we refer to it in the 5 6 7 CHAIR BURKE:Mmm-hmm (Yes). near future.aesthetics mitigation measures? need to come back to us. COMMISSIONER MICCICHE:What,the lots? mitigation measures.Yeah,the lots. COMMISSIONER TALESFORE:Yes,12.Right.Exactly, and that's fine,but I'm thinking that some of these things Well just the aestheticsCOMMISSIONERTALESFORE:13 11 10 14 12 In the meantime I do struggle with a couple of want to hear what my other commissioners think about this. and over that in the Conditions 9 and 10 that Staff is also Some of these things will come back to us,some of the proposed lots will,et cetera,and yet I keep seeing over lots.It's not referred to in here in the conditions,and I 13 11 10 14 12 COMMISSIONER TALESFORE:I mean not the lots.I'm 15 16 struggling with several of the lots. I'd like to somehow expand on Condition Two,which 15 16 CHAIR BURKE:Not the lots. 17 sorry,the site and architecture on those lots.is architecture and site approval required;where it only 18 say a development and review committee may be the deciding 17 18 COMMISSIONER MICCICHE:(Inaudible)? COMMISSIONER MICCICHE:A&S? CHAIR BURKE:No,it's not. CHAIR BURKE:No.Let me paraphrase,and Staff will correct me.Normally a PD comes back for site and architecture to the Planning Commission.Under the provisions of this PD,if I read it correctly,if they're consistent with the Hillside Guidelines,which means if the 24 23 20 22 21 19 25 proposed development. lots would come back to the Planning Commission.I'm sorry,23 24 25 19 body for these site applications when the proposed home is 20 in compliance with the Hillside Development Standards and 21 Guidelines,I'd like to possibly expand that and clarify that we somehow include Condition 10 in that,so that those22 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 69 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 70 _~~_..~~_~L.~_ 1 house would be 5,000 square feet or under and meet the other 1 What I'm hearing Commissioner Talesfore asking is conditions,they would not have to come back to us.They could be approved at staff level,and for most of the lots I that those lots not be subject to the allowance under Condition 2 and that those lots would have to come before 4 think that's a wonderful thing because it really encourages more compact,less visible,less impacting houses,because who wants to come in front of us?That's my opinion.Okay, 4 5 6 the Commission for approval,simply because of the fact that they are required to go through the view analysis required under the guidelines.That's what I'm hearing. COMMISSIONER MICCICHE:They may not be approved have some of these more difficult lots proposal (inaudible). back to us,especially the ones that are singled out here in by the designer (inaudible)? COMMISSIONER TALESFORE:Right,a lot of them come That's perfect.Thank (Inaudible). COMMISSIONER TALESFORE: COMMISSIONER KANE: COMMISSIONER TALESFORE:I don't know.Would you COMMISSIONER TALESFORE:Thank you.Perfect. ORRY KORB:So the way that that condition would be modified then would be to,say,in Condition 2 with the exceptions of the same lots that are listed in Condition 12. you. 7 8 13 11 10 12 So I'm asking that weCOMMISSIONERTALESFORE: continue,Commissioner Talesfore. Condition 12. 8 7 10 11 13 12 14 COMMISSIONER O'DONNELL:I don't know how that 14 accept that? 15 works. 15 COMMISSIONER O'DONNELL:Would you remind me 20 Condition 2 says is that any lot in essence that complies 16 17 18 19 COMMISSIONER TALESFORE:I don't either.I'm just bringing it up for discussion.I just think that we see those lots over and over again throughout the Staff Report. ORRY KORB:Can I explain what I'm hearing?What 16 again,how many lots are we talking about? 17 RANDY TSUDA:We're talking about nine lots. 18 COMMISSIONER TALESFORE:Because of the view 19 issues. 20 COMMISSIONER O'DONNELL:I'm very troubled by 21 with the Hillside Standards can be approved by a DRC.21 bringing nine of those lots back before the Planning CHAIR BURKE:Commissioner Micciche. very big something that we need to look at. 22 23 24 25 Condition 12 says that Lots 2,9,11,12,and 12 again,14, 15,17,and 19 shall be subject to a view analysis in accordance with the Hillside Development Standards and Guidelines. 22 23 24 25 Commission. COMMISSIONER TALESFORE:Well view seems to be a LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 71 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 72 most concern with and require those to come back. 1 would be to just specify exactly which lots you have the1 7 COMMISSIONER MICCICHE:I think your comments would be well noted and passed on to the Town Council,but I for one have a firm belief that the process we've developed for meeting the guidelines can be met by the DRC when it's under 5,000,and it encourages people to come under 5,000. That was the whole purpose of it,just to keep those things low. So I'm not in favor of making it part of the 4 5 6 7 COMMISSIONER TALESFORE:Okay. CHAIR BURKE:I think Lot 2 and Lot 12 are going to be the ones that this Commission is going to judged by in the future as far as either,"What were you thinking?"or, "Boy,you did a really good job there."And I think that's Lot 2 and Lot 12,in my opinion,because Lot 12 is the one motion,but I'm sure they'll add your comments in.that you kind of look out and you see Leigh High School and COMMISSIONER KANE:I do. COMMISSIONER O'DONNELL:Because that would good 10 11 12 13 14 15 16 COMMISSIONER TALESFORE: to see it in there. COMMISSIONER MICCICHE: in. COMMISSIONER O'DONNELL: else supports Joanne's feelings? Okay.I would still like I'm not going to put it I would like know to who 10 11 12 13 14 15 16 the Los Gatos-Almaden and the viewing platform there,and Lot 2 is the one that you can somewhat see,somewhat not see,from Blossom Hill in Los Gatos-Almaden. COMMISSIONER O'DONNELL:I don't have a problem if we cut it down so we're really dealing with the more extreme lots. COMMISSIONER MICCICHE:The serious,yeah. COMMISSIONER O'DONNELL:I'd go along with that. 17 for the council.17 COMMISSIONER MICCICHE:You might note that Lot 12 18 CHAIR BURKE:I do on some of those lots.I 18 is mentioned twice in that Item 12 by the way. That would be number 11 on the revised COMMISSIONER TALESFORE:And along that same line, ORRY KORB: CHAIR BURKE:That's because it's really visible. recommended conditions. 24 23 21 if I may,for Lot 9 it says the condition is,"The maximum 22 height for homes shall be 25',"and this could either go as a condition or just comments to Council. 20 19 25 that's visible from a viewing platform would need to be to get at the Commissioner's concern.One is that any lot approved by the Planning Commission.Or another approach 24 22 23 25 19 wouldn't say all nine,but like Lot 2 and Lot 12 I 20 definitely think need to come back to the Commission, 21 because those are highly visible. RANDY TSUDA:There's a couple of different ways LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 73 LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 74 1 COMMISSIONER TALESFORE:The new 11.I'm sorry;my 1 ORRY KORB:Before you call the question I just 2 notes are on one page."The maximum height for a horne shall be 25'unless it's determined that a horne will be'visible 2 want to clarify for the Commission one additional point. There is stated as Condition 1,recommended by Staff,that 4 5 6 7 10 11 12 13 14 from a Town viewing platform,in which case the height shall be restricted to 18'."I'm wondering if it might be a good idea for us to perhaps identify the lots that may be in that condition that might be very questionable with us. COMMISSIONER MICCICHE:No. RANDY TSUDA:Is that Lot 2 and Lot 12 again? COMMISSIONER TALESFORE:Yes.It's just I want to throw it out there,if not as a condition,certainly as a comment. CHAIR BURKE:I think part of the problem is until they come in with the site and architectural we don't know which lots are going to be visible and which one aren't. 4 5 6 7 10 11 12 13 14 the PD approval would expire within two years unless vested. We're going to look at that condition and determine whether it's appropriate.Generally we don't impose expiration periods on zone changes;zone changes are law.The only thing that generally would expire a PD is if the property is developed utilizing the underlying zoning allowance and the PD goes away.Otherwise the PD remains a law until such time as the law is changed,so we will probably be deleting that condition.I'm just notifying you of that. CHAIR BURKE:Question,Mr.Korb.Didn't the Sobrato,wasn't the whole reason for the rapid need to change the PD on the Sobrato was that the PD was going to 15 16 COMMISSIONER TALESFORE: along as a comment to Council. All right.I'll pass that 15 16 expire? ORRY KORB:I don't recall,and if it was that was 17 COMMISSIONER KANE:Can we add it as an addendum 17 something that slipped by,but generally,again,PDs do not 18 to the motion? 19 COMMISSIONER O'DONNELL:Well as the maker I'm not 18 expire.It's just a question of whether the underlying 19 zoning is used and thus moots the PD approval. 20 going to consent.20 CHAIR BURKE:Thank you.Okay,motion and a 21 COMMISSIONER MICCICHE:Well does it have.to corne 21 second,and this is for a recommendation.All those in 22 23 to me then? CHAIR BURKE:Anything else?We have a motion,a 22 23 favor?Opposed?It carries unanimously.Congratulations,Mr. Harris. 24 second,and a bunch of amendments.So I'm going to call the 24 ORRY KORB:For the audience,this is not an 25 question so we can move on here. LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 75 25 appealable decision.It is a recommendation to the Town LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 76 1 Council.A public hearing will be calendared before the Town 2 Council.It will be noticed in the same manner as the hearing was noticed before the Planning Commission.And again,you may come and testify as you please. CHAIR BURKE:We need a motion to adjournment. 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER MICCICHE:I'll make a motion to adjourn. CHAIR BURKE:Second for that motion to adjournment? COMMISSIONER TALESFORE:I second that. CHAIR BURKE:All those in favor?Adjourned. LOS GATOS PLANNING COMMISSION 11/15/2005 Item #1,Terminus of Shady Lane 77 For the attention of the Los Gatos Town Council at their meeting of December 19,2005 RIB the Highlands of Los Gatos development at the end of Shady Lane First,I would like it known that this development has my full support. Mr.Harris has positioned his proposed lots very well;he has provided extensive open space around his development;and his proposed infrastructure will benefit not only his development,but also the surrounding neighborhoods. I would like,in particular,to speak for the proposed emergency road connection between Shady Lane and the upper end of Francis Oak Way. Currently upper Francis Oaks Way has no emergency exit.This connection would allow emergency egress for eight to twelve residences in the event of fITe.(Mr Peter Kahn perished in his house at 15431 Francis Oaks when it burned to the ground about twenty five years ago.Fire trucks blocked the road so that those of us at the end were trapped.)Our primary fire station is on Shannon Road.This proposed connection would provide almost straight line access from that station to upper Francis Oaks Way,as compared to the current,more circuitous route over Blossom Hill Road.Mr.Harris met with the involved Fire Department Authority on site recently and the route up the hill which would be satisfactory to the Fire Authorities was staked out. There may be an objection to this connection because it would scar the hillside.To refute that objection let me point out the upper one half of the road has already been excavated (illegally)by the previous owner,so no more damage will be done there.The lower one half,in its upper third is thinly screened,but in its lower two thirds has considerable tree cover to screen it from the neighbors. The road would also be for pedestrian equestrian and bicycle use. We,at the upper end of Francis Oaks Way consider this connection to Shady Lane to be very important.We have been working on it for a long time.Over five years ago we spent considerable money (in legal fees)and countless hours in the process of obtaining easements over the adjacent property at 15500 Francis Oaks Way in anticipation of this connection. These easements will now connect with the connection to Shady Lane, should you approve it. Don't let us down! Lee McLaughlin 15626 Francis Oaks Way December 12,2005 RECEIVED DEC 1 2 2005 TOWNOFL PLANNING ~.S/VGI AToS S/ON Attachment 15 T:\GIS\PPW\Exhiblts\Francis Oak Way.dwq 12/15/05 HIGHLANDS OF LOS GATOS EMERGENCY ACCESS ALTERNATIVES NOT TO SCALE Attachment 16 PAGEIOFI