Staff Report - Hillsides Final
PREPARED BY: JOCELYN SHOOPMAN/ AZHAR KHAN
Associate Planner/ Assistant Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/05/2017
ITEM NO: 16
DATE: NOVEMBER 28, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES MODIFICATIONS.
PROJECT LOCATION: PROPERTIES LOCATED WITHIN THE HILLSIDE
OVERLAY. APPLICANT: TOWN OF LOS GATOS
ADOPT A RESOLUTION TO AMEND CHAPTER II. (CONSTRAINTS ANALYSIS
AND SITE SELECTION) OF THE HILLSIDE DEVELOPMENT STANDARDS AND
GUIDELINES REGARDING VISIBILITY.
RECOMMENDATION:
Adopt a resolution (Attachment 12) to amend Section B. of Chapter II. (Constraints Analysis and
Site Selection) of the Hillside Development Standards and Guidelines regarding visibility.
BACKGROUND:
On September 23, 2015, the Planning Commission considered proposed amendments to
Chapters II. and V. of the Hillside Development Standards and Guidelines (HDS&G) regarding
the visibility analysis and light reflectivity value (LRV). The Planning Commission continued the
matter to a Study Session on October 21, 2015. Following public testimony and Commission
discussion, the matter was continued to a Special Planning Commission meeting on December
2, 2015. After consideration of the proposed amendments, including incorporation of prior
Commission comments and input from members of the public, the Commission recommended
that the Council approve the proposed amendments to Chapters II. and V. of the HDS&G.
On February 2, 2016, the Town Council adopted the proposed amendments to Chapter V. of the
HDS&G regarding LRV.
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BACKGROUND (Continued):
At that same meeting, the Council returned the proposed amendments to Section B. of Chapter
II. of the HDS&G regarding the visibility analysis to staff with the following direction
(Attachment 2):
1. Remove the asterisks and include the language in the body of the document;
2. Examine consistency in language (e.g. the words view versus visibility);
3. Include more specific language regarding the analysis of screening;
4. Require a Maintenance Agreement for trees that were included in the visibility analysis; and
5. Consider view corridors or language that recognizes that there is a larger area than the
specific platforms from which visibility can be analyzed.
Staff felt that it was appropriate to forward the direction provided by the Town Council to the
Policy Committee for additional review and direction.
DISCUSSION:
A. Policy Committee Meetings
In response to the Council’s direction from February 2, 2017, the Policy Committee held four
meetings on April 20, 2017, May 18, 2017, June 26, 2017, and July 20, 2017 , to discuss
modifications to the visibility analysis.
After consideration and discussion, including comments and input from members of the public,
the Policy Committee unanimously recommended the following modifications to the visibility
analysis:
1. Remove all asterisks and add the language into the body of the document (April 20, 2017,
Policy Committee Meeting, Attachment 7);
2. Replace the term ‘view’ with ‘visibility’ when referring to the analysis in the methodology
(April 20, 2017, Policy Committee Meeting, Attachment 7);
3. Trees that are in poor condition (as determined by the Arborist report) may not be included
as screening in the visibility analysis (May 18, 2017, Policy Committee Meeting, Attachment
8);
4. Require a Maintenance Agreement for trees that are included in the visibility analysis in the
body of the document (April 20, 2017, Policy Committee Meeting, Attachment 7); and
5. Modify the terminology of the designated ‘viewing platforms’ to be called ‘viewing areas’
and further clarify that the location of the viewing area shall be extended along a public
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DISCUSSION (Continued):
road up to 500 feet in any direction from the viewing platforms (May 18, 2017, Policy
Committee Meeting, Attachment 8).
The Policy Committee also recommended adoption of a flow chart for inclusion in Chapter II.,
Section B. of the HDS&G to illustrate the timing for completing a visibility analysis for applicants
(July 20, 2017, Policy Committee Meeting, Attachment 10).
Lastly, the Policy Committee directed staff to reach out to one of the Town’s Consulting
Arborists, Walter Levison regarding the Tree Data Table that is a part of his reports and
describes the health of each existing tree. In response to the Committee’s inquiry, staff was
able to clarify that the Overall Condition Rating (Attachment 6) for a tree is based on the
existing condition of the tree, not the condition of the tree post-construction. Staff was also
able to work with the Consulting Arborist to add a Preservation Suitability rating to the Project
Data Table, which is consistent with reports from previous Consulting Arborists for the Town
(July 20, 2017, Policy Committee Meeting, Attachment 10).
Attachment 11 contains a redlined version of the Policy Committee’s recommended changes to
the HDS&G. Below, all new text is shown as underlined font and all deletions are shown with
strikethrough font. Additional changes recommended by the Committee are provided in bold
font. Additional discussion and supporting information for the proposed changes to the HDS&G
are available in the February 2, 2016 Town Council minutes (Attachment 2) and Town Council
Policy Committee reports, exhibits, and minutes (Attachments 3 through 10).
B. Recommended Visibility Analysis Methodology
The following is the Committee’s recommended draft visibility analysis methodology:
Hillside Development Standards and Guidelines, Chapter II. Constraints Analysis and Site
Selection
B. View Analysis.
1. Viewing platforms areas.
Each development project with the potential for being visible (see glossary for definition) from
any established viewing platform area shall be subject to a visibility analysis. (“Potential” is
defined as capable of being seen from a viewing platform area if trees or large shrubs are
removed, significantly pruned or impacted by construction.) The visibility analysis shall be
conducted in compliance with established Town procedures using story poles that
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DISCUSSION (Continued):
identify the building envelope. After installing the story poles, the applicant shall take
photographs of the project from appropriate established viewing platforms areas that clearly
show the story poles and/or house and subject property. Visual aids such as photo simulations
or three-dimensional illustrations and/or a scale model may be required when it is deemed
necessary to fully understand the impacts of a proposed project.
The following steps shall be taken in completing a visibility analysis:
a. Install story poles per adopted policy.
b. After the installation of story poles, photographs of the project shall be taken from the
applicable viewing areas using 50 MM and 300 MM lenses. Other location(s) as deemed
appropriate by the Community Development Director may be chosen in addition to the
existing viewing areas.
c. A photograph with a 50 MM lens will represent the visibility of the proposed residence
from the naked eye.
d. A photograph with a 300 MM lens will represent an up -close perspective and help
identify any visible story poles, netting, trees, and/or shrubbery.
e. Existing vegetation and/or landscaping proposed to be removed entirely or partially
shall not be included in the visibility analysis.
f. If determined necessary by the Community Development Director, three dimensional
illustrations or photo simulations of the structure may be required.
g. A visible home is defined as a single-family residence where 24.5% or more of an
elevation can be seen from any of the Town’s established viewing areas , and/or
other locations as determined by the Community Development Director. Percentages
shall be rounded to the nearest whole number.
h. A Deed Restriction shall be required that identifies the on-site trees that were used to
provide screening in the visibility analysis and requires their replacement if they die or
are removed.
i. Trees with a poor health rating (less than 50 percent overall condition rating) shall not
be included in the visibility analysis.
j. The Community Development Director shall determine if the use of a third party
consultant is required to peer review an applicant’s visibility analysis.
k. A five-year Maintenance Agreement shall be required for on -site trees that were used
to provide screening in the visibility analysis and requires their preservation.
The locations of the viewing areas are shown on the map on the next page, and are as
follows:
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DISCUSSION (Continued):
1. Blossom Hill Road/Los Gatos Boulevard
2. Los Gatos - Almaden Road/Selinda Way (across from Leigh High School)
3. Hwy 17 overcrossing/Los Gatos - Saratoga Road (Highway 9)
4. Main Street/Bayview Avenue
5. Other location(s) as deemed appropriate by the Community Development Director
Viewing area locations are intended to provide a general vicinity for the visibility analysis
and photo locations. Where there are obstructions (buildings, signs, or foreground
vegetation) that block a clear and unobstructed view of the site, the origination point
shall be adjusted so that a clear and unobstructed view is obtained by moving away from
the viewing area location along a public road up to 500 feet in any direction.
The Town of Los Gatos Hillside Area and Viewing Area Map would be inserted here and can
be viewed in Attachment 12, Exhibit A.
2. Visibility Analysis Processing Flow Chart
Staff Reviews Application and Determines if a Detailed
Visibility Analysis is Required. If so, Story Poles or Other
Methods Are Installed
Site Constraints Analysis to
Determine the LRDA of the Site 1
Preparation of Plans
Application and Plans Submitted 2
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GUIDELINES REGARDING VISIBILITY
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DISCUSSION (Continued):
1 Page 12 and page 56 of the HDS&G http://www.losgatosca.gov/DocumentCenter/View/168 and
http://www.losgatosca.gov/DocumentCenter/View/175
2 Page 63 of the HDS&G http://www.losgatosca.gov/DocumentCenter/View/175
3 Page 13 of the HDS&G http://www.losgatosca.gov/DocumentCenter/View/168
C. Public Outreach
In addition to the stakeholder participation at the multiple Policy Committee meetings, s taff
also requested public input through the following media and social media resources:
A half-page public notice in the newspaper;
A poster posted at the Planning counter at Town Hall;
On the Town’s website home page, What’s New?;
On the Town’s Facebook page;
On the Town’s Twitter account;
On the Town’s Instagram account; and
On the Town’s NextDoor page.
CONCLUSION:
Staff recommends that the Town Council:
1. Make the finding that there is no possibility that this project will have a significant impact
on the environment; therefore, the project is not subject to the California Environmental
Quality Act [Section 15061 (b) (3).] (Attachment 1);
2. Make the required finding that the amendments to Section B. of Chapter II. (Constraints
Analysis and Site Selection) of the Hillside Development Standards and Guidelines are
consistent with the General Plan (Attachment 1); and
Visibility Analysis Completed 3
Visibility Analysis Reviewed by Staff
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SUBJECT: CONSIDER AMENDMENTS TO THE HILLSIDE DEVELOPMENT STANDARDS &
GUIDELINES REGARDING VISIBILITY
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CONCLUSION (Continued):
3. Adopt the resolution in Attachment 12 to amend Chapter II. (Constraints Analysis and Site
Selection) of the Hillside Development Standards and Guidelines.
ALTERNATIVES:
Alternatively, the Council may:
1. Accept the Town Council Policy Committee’s recommendation with modifications; or
2. Continue this item to a date certain with specific direction to staff; or
3. Refer the item back to the Town Council Policy Committee with specific direction.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office and the Town
Attorney.
CEQA DETERMINATION:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with
certainty that there is no possibility that the proposed amendments to the Town Code would
have a significant effect on the environment.
PUBLIC COMMENTS:
Attachment 13 includes public comments received by 11:00 a.m., Thursday, November 30,
2017.
Attachments:
1. Required Findings
2. February 2, 2016 Town Council Action Minutes
3. April 20, 2017 Town Council Policy Committee Staff Report (includes Attachment 1)
4. May 18, 2017 Town Council Policy Committee Staff Report (includes Attachments 1 and 2)
5. June 26, 2017 Town Council Policy Committee Staff Report (includes Attachments 1 and 2)
6. July 20, 2017 Town Council Policy Committee Staff Report (includes Attachments 1-3)
7. April 20, 2017 Town Council Policy Committee Action Minutes
8. May 18, 2017 Town Council Policy Committee Action Minutes
9. June 26, 2017 Town Council Policy Committee Action Minutes
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SUBJECT: CONSIDER AMENDMENTS TO THE HILLSIDE DEVELOPMENT STANDARDS &
GUIDELINES REGARDING VISIBILITY
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10. July 20, 2017 Town Council Policy Committee Action Minutes
11. Proposed Amendments – Chapter II., Section B. Constraints Analysis and Site
Selection
12. Draft Resolution (includes Exhibits A and B)
13. Public Comment received by 11:00 a.m., Thursday, November 30, 2017