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Twin Oaks Dr-Surrey Farms - Desk Item and Exhibit 18 PREPARED BY: JENNIFER ARMER Senior Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 02/28/2018 ITEM NO: 2 DESK ITEM DATE: FEBRUARY 28, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: GENERAL PLAN AMENDMENT GP-12-001, WILLIAMSON ACT CONTRACT WA-11 CANCELLATION, PLANNED DEVELOPMENT APPLICATION PD-10-006, AND ENVIRONMENTAL IMPACT REPORT EIR-12-001. PROJECT LOCATION: TWIN OAKS DRIVE. APPLICANT/PROPERTY OWNER: TOM DODGE, SURREY FARM ESTATES, LLC. REQUESTING APPROVAL OF A GENERAL PLAN AMENDMENT FROM AGRICULTURAL TO HILLSIDE RESIDENTIAL, CANCELLATION OF THE EXISTING WILLIAMSON ACT CONTRACT, AND A PLANNED DEVELOPMENT TO REZONE PROPERTY FROM RC TO HR-1:PD TO ALLOW FOR SUBDIVIDIVISION OF ONE LOT INTO 10 LOTS, CONSTRUCTION OF 10 NEW SINGLE-FAMILY RESIDENCES, AND REMOVAL OF LARGE PROTECTED TREES. APN 532-16-006. REMARKS: The attached public comments (Exhibit 18) were received between 11:01 a.m. Monday, February 26, 2018 and 11:00 a.m., Wednesday, February 28, 2018. EXHIBITS: Previously received under separate cover: 1. August 2015 Draft Environmental Impact Report 2. May 2017 Partial Recirculated Draft Environmental Impact Report 3. August 2017 Final Environmental Impact Report and Mitigation Monitoring and Reporting Program Previously received with February 28, 2018 Staff Report: 4. Location Map (one page) 5. Required Findings (two pages) 6. Required CEQA Findings of Fact (40 pages) PAGE 2 OF 2 SUBJECT: TWIN OAKS DRIV/PD-10-006/GP-12-001/WA-11/EIR-12-001 FEBRUARY 28, 2018 N:\DEV\PC REPORTS\2018\Twin Oaks-Surrey Farms PD - DESK.docx 2/28/2018 11:26 AM 7. September 8, 2010, Conceptual Development Advisory Committee meeting minutes (two pages) 8. September 12, 2012, General Plan Committee meeting minutes (three pages) 9. October 22, 2014, General Plan Committee meeting minutes (two pages) 10. October 28, 2015, General Plan Committee meeting minutes (two pages) 11. Project Description and Letter of Justification, received February 6, 2018 (eight pages) 12. Letter from the State Department of Conservation in response to Petition for Cancellation of Land Conservation Contract No. 75-913 (one page) 13. Consulting Arborist’s Report, dated March 30, 2011 (26 pages) 14. Public Comments received by 11:00 a.m., Friday, February 23, 2018 15. Planned Development Ordinance (45 pages) with Exhibit A Rezone Area (one page) and Exhibit B Development Plans, received January 29, 2018 (29 sheets) Previously received with February 28, 2018 Addendum Report: 16. Project Information Sheet, prepared by the Parks and Public Works Department 17. Public Comments received between 11:01 a.m. Friday, February 23, 2018 and 11:00 a.m., Monday, February 26, 2018 Received with this Desk Item Report: 18. Public Comment received between 11:01 a.m. Monday, February 26, 2018 and 11:00 a.m., Wednesday, February 28, 2018 Jennifer Armer From: Sent: To: Cc: Subject Marjorie Cahn <artmarj@aol.com > Monday, February 26, 2018 4:40 PM Jennifer Armer artmarj@aol.com; jafordyce@aol.com aga inst Dodge property Development To the Los Gatos Planning Commission: We have lived in Surrey Farms for 48 years and have enjoyed the peaceful and quiet neighborhood. We are against the development of the Dodge Property for 10 Homes which would be a constant source of disturbance for at least ten years and a danger to the people and children who live in our neighborhood. From just the building of one house nearby there has been a barrage of at least an average of 5 -10 trucks daily of workman who park all day to do the building of just one house -and large cement trucks, trucks delivering wood and supplies, roofing trucks and other types of materials that have to be delivered for just one house ar rivi ng all the time. The proposed project would bring ten times the amount of workers and trucks for years to come. There will be dust and air pollution, constant construction noise, dirt on our streets and the wear and tear on Longmeadow Drive, Twin Oaks and Kennedy Road as the heavy trucks come back and forth. Hopefully Olde Road will be closed to the builders and workers needed for this project. The use of Olde Road for construction trucks and equipment would render it a one way narrow path that would prevent its use by fire and emergency vehicles . How will we be able to take our walks and protect our children? There are Seniors and neighbors who walk every day and children on bikes, teenagers who also walk to and from school, and have cars and many people who have dogs who need to be walked several times a day. Bringing ten more Family homes also brings two to three more cars per household that will be using Longmeadow Drive, Twin Oaks, Olde Road and Kennedy Road . The beauty of the hillside will disappear and the peacefulness of the neighborhood will be affected. The disturbance to the land by the construction will also disturb the animals and wildlife who currently live on the hillside and our neighborhood will probably have an influx of rodents and snakes looking for new lodgings. The proposed pond will only bring more mosquitos and be a dangerous place where drownings might occur. We do not want our neighborhood to be impacted and changed by this project. Sincerely yours, Marjorie and Edward Cahn 158 Clover Way Los Gatos, CA 9503 2 EXH~B\T 1 8 Jennifer Armer From: Sent: To: Subject: Dear Jennifer Armer, Dave Greenfield <davidgreenfield@yahoo.com> Monday, February 26, 2018 11:34 PM Jennifer Armer; Karri Greenfield Planned Development on the Dodge Property We live at 140 Longmeadow Drive, street on one of the planned entrances of the Dodge Property. Our biggest concerns tied to the plan relate to increased traffic (particularly construction traffic), safety related concerns due to significant level of construction equipment/grading materials and loss of quiet due to the noise that comes with the project. We picked Surrey Farms for the peace, quiet and beauty of the area, all of which will be harmed with this project. We aren't opposed to development, but 10 lots sold individually means years and years of on-going construction. We'd prefer fewer lots. And we'd like confirmation that there will be a 2nd entrance to share this pain that you are asking a small number of home-owners to bear. Regards, Dave and Karri Greenfield Jennifer Armer From: Sent: To: Subject: Jennifer Armer Pey < pey@comcast.net> Tuesday, February 27, 2018 12:09 AM Jennifer Armer Twin Oaks Drive Planned Development Re: Twin Oaks Drive Planned Development To the Planning Commission: We're writing this email in regard to the Twin Oaks Drive Planned Development. We live on Twin Oaks Drive and strongly protest this irresponsible development of our back yard. And we don't understand why despite all the neighborhood's protests, this is still happening! Why are all our protests falling on deaf ears? Surrey Farm is a small, charming neighborhood in Los Gatos that will be absolutely overwhelmed by this proposed development. Why are you even considering allowing these developers to make such devastating changes in our small town? By allowing developments such as this one to go forward, you're changing the basic qualities of what makes Los Gatos special and unique. You are slowly ruining Los Gatos, one small neighborhood at a time. On the behalf of all the residents in Los Gatos, we urge the planning commission to please, please seriously consider the long term implications of this development in terms of safety, traffic, noise, air and water pollution, not to mention the blight it will be on the beauty of our town. And finally, just ask yourselves this question ... Would you allow this development to happen if it was proposed for your own backyard? Thank you for your time and consideration, Mahmood and Pey Mozaffari 146 Twin Oaks Dr. Los Gatos CA 95032 Jennifer Armer From: Sent To: Cc: Subject: Dear Council, Jan Schwartz <jsourhilltop@gmail.com> Tuesday, February 27, 2018 9:30 AM Jennifer Armer Baden Bob & Jan Schwartz Surrey Farms development The proposed devel.opment of 10 homes on Cerro Vista Court and Longmeadow Drive would totally change the character of this neighborhood. There are deer and coyote that have already been squeezed by fencing and new housing. Houses are private with green space and gardens, and our views are beautiful. The new development is not in keeping with the rural atmosphere of Cerro Vista Drive. Please retain what is one of the few areas near town that is not overdeveloped. Thank you, Jan Schwartz 15966 Cerro Vista Drive Los Gatos, 95032 Jennifer Armer From: Sent: To: Subject: Importance: Scott Brown (scbrown) <scbrown@cisco.com> Tuesday, February 27, 2018 1:25 PM Jennifer Armer My strong opposition to the Surrey Farms proposal High Dear Members of the Planning Commission: I am writing this letter to express my strong opposition to the pending proposal to nullify the Williamson Act protection of Surrey Farms and to convert this to a residential development. Let me express my reasons why I feel very strongly about this. Williamson Act: I am an owner of a home directly adjacent to Surrey Farm. I am also an owner of a large tract of Williamson Act land. As the children of Hillbrook School look up from their playgrounds, they see our open green space and that of Surrey Farm. I cannot imagine ever taking this beautiful green space away from our kids, our neighbors and our community. The wisdom ofthe previous leaders of Los Gatos and the homeowners of this specific area cannot be brushed aside. The Yarboff's built our home in 1970 and protected the green space around it carefully and purposefully. Bob Dodge did the same with Surrey Farms for his entire lifetime. I plan to carry on this covenant because it is simply the right thing to do and it's what everyone that developed this beautiful area intended . There is no plausible emergency that would cause my land or Surrey Farms to be rezoned for residential development. Where do we draw the line? How much development is too much? How long before everyone in Los Gatos looks east and see nothing but unstopped development. The Yarboffs and Bob Dodge knew the answer to that question. You should as well. Wildlife Impact: I walk and drive past the Surrey Farm green space nearly every day. I see bobcats, coyotes, deer, foxes, birds and an abundance of incredible wildlife. This is their home. They deserve to be protected. Drainage Impact: I also know firsthand the challenges with drainage off this hill. In the two years previous where we had heavy rainfall, the importance of the foliage absorbing and holding this runoff has been instrumental. The creek below is already incredibly challenged and unable to handle the additional runoff that would come with residential hardscape and surfaces. Protecting our kids: A huge drainage pond next to the Hillbrook School playground is a disastrous idea . Also, the Cerro Vista neighborhood has no sidewalks and very narrow streets with numerous blind spots. Construction traffic for many years to come would present incredible danger to our kids and cause all parents to have to stop the kids from using the streets and interacting in the neighborhood. Pollution: The Surrey Farms property has absolutely no light or environmental pollution today. We bought our home in part because of this condition. A development of 10 homes brings incredible light, noise, exhaust, water and other pollution. In short, it dramatically and negatively alters the quality of life for everyone in the Cerro Vista community. Cerro Vista Access: When we purchased our home, we clearly reviewed the site map of the neighborhood . The land controlled by 15955 Cerro V ista Court and 15975 Cerro Vista Drive blocked any access to Cerro Vista Court or Road by the Surrey Farms land. We stringently object to any effort to override this map and covenants. We made a $4.SM purchase decision (raising your tax income by 50%) based on these maps and covenants. You can 't just redraw map and lot lines after people put millions of dollars of investment into your community. It's patently wrong and something we believe legally actionable if it occurs. Cerro Vista Traffic Safety: The danger of traffic leaving Cerro Vista neighborhood is well understood by our residents here. You have daily near misses of cars flying down Shannon road around one blind corner or coming up Shannon road on another blind corner. It's simply a death trap intersection and someone is go i ng to get badly hurt there. To add traffic to this intersection and neighborhood knowing this danger is simply unacceptable . You would have to add a traffic light and rework the road angle to accommodate this increased traffic and to mitigate the risk. I put this in writing so it is clear to everyone at this commission that I hold them personally responsible for this safety risk and that allowing access to Cerro Vista for additional cars and traffic cannot be done without mitigating this risk before allowing the huge amount of construction vehicles, personal vehicles and additional traffic to the neighborhood. In summary, as a Williamson Act land owner and member of this special community, I urge in the strongest terms that you reject this proposal and defend the Conservation status of this land. I believe generations to come will thank us for following in the footsteps of the Yarboff's, Bob Dodge and past Los Gatos leadership who set us on a long path toward maintaining a beautiful, green and protected East Los Gatos community. Kind Regards, Scott A. Brown 15961 Cerro Vista Court Los Gatos, CA 95032 Mobile: 408-931-5948 Jennifer Armer From: Sent: To: Subject Sara Brown <mamabrown4@gmail.com> Tuesday, February 27, 2018 3:23 PM Jennifer Armer Dodge Property Development Dear Town Council members, I am writing today to state my strong opposition to the Surrey Farms Hillside development project and to urge you to consider the significant and far-reaching impact such a development will have on our current and future town and residents. We recently moved to Los Gatos from Singapore and quickly discovered that we loved the small town vibe with upscale charm. We loved the fantastic areas to walk, bike and enjoy nature, and the beauty of the hills and mountains that surround us. After renting for a year in one of the historic areas of Los Gatos, we were beyond lucky to find our way to a little hill top with views of the town, the valley, and rolling hills. This property, at the top of Cerro Vista Court, was once owned by the Yarboff family. The five acre hill we sit atop can be seen from innumerable streets and homes below. It is a beautiful lush green hill right now where deer, fox, birds and even wild turkeys can be seen. This land is part of the Williamson Act and when we bought the home we were impressed to learn that it was set apart some fifty years ago to be protected from development in order to "preserve the limited supply of agricultural land, to discourage the premature or unnecessary conversion of agricultural land to urban uses and to permit the maintenance of open space and land of rural character." There is another parcel of land, adjacent to ours, that covers three acres and makes up the eastern edge of our hillside. We were happy to learn that several other sweeping hillsides in our view are part of the Williamson Act and that these gorgeous hillsides would remain untouched by development. We were under the impression that the hillside owned by the Dodge family would remain protected under the Williamson Act as well. For many reasons, the creation of a 10-home neighborhood covering nearly the entire hill that is adjacent to our court and which is a backdrop to many other neighborhoods, homes, and a school, is nothing less than shameful. At what point do we stop sacrificing the beauty and natural spaces of our town in the name of individual wealth and town income? Besides how the destruction of this hillside would completely destroy the wildlife and ecosystem that thrive there and forever alter the beauty of the hills we love, here are several other concerns we have should such a development be built: drainage, erosion and flood ing issues; construction noise and pollution for years; increased traffic and dangers of more traffic entering and exiting Cerro Vista Drive onto the already perilous intersection at Shannon Road, light pollution and the increase use of public works, schools, and infrastructure. It is crucial for our town to put a halt to unnecessary development in order to preserve the beauty and appeal of Los Gatos for everyone who lives here and visits. We need to consider the quality of life for all residents, the impact future building will have on our environment (air, water, land) and the creatures that inhabit our natural areas. -Fifty plus years ago Los Gatos townspeople decided that this agricultural land "has public value as open space and that agricultural land constitutes an important social, aesthetic and economic asset to the people of the Town and the State of California." (The Land Conservation Act) I implore you all to uphold this view, deny the cancelation of the Williamson Act Contract and stop any development on this site . Thank you for your time, Sara Brown 15961 Cerro Vista Court Jennifer Armer From: Sent: To: Cc: Subject: Attachments: Jennifer. William Meleyco <wmeleyco@comcast.net> Tuesday, February 27, 2018 5:03 PM Jennifer Armer jafordyce@aol.com Dodge Development proposed Surrey Farms Estates ltr 2 27 2018 Planning Commission.pdf Please bring my letter to the Planning Commissions attention. I'm sorry I will not be able to attend this meeting as I am traveling for work at this time ... Thank You. Bill William Meleyco 189 Longmeadow drive Los Gatos, CA 95032-5655 408 497 7180 Cell 408 358 3600 Office WilliA-M A-r.Jdr ft!A-tJ.irLfr.J Me.l~c.o uaq Lo~9Me.Ad..c~ '"'brive. Los 6Atos> C-Ali(or~iA qso32.-S"SS L..cs 6A-tcs .P/~,.,,;,.,,9 C!.oMMissic,.J c./ c Je,,.,,,.,,;(e.r ~Me.r UO 6'. MA,;,.,, Strc..e.t L..cs 6A-tcs) c.A viA-6'MA-il : jA-v-Me.r@f csSA-tcSCA.90v Sirs: We. A-re. writi,.,,9 re..9A-rdri""9 tk tO-hcMe. .P/..,.,,,Jc.d, "De.ve.ictMe..,.Jt, °"" the. 'Dc~e. trOfe.'r't.j A-t tk e..,.Jd, o( '-°""9M~ "Drive.. We. live. A-t 18Cf L..c""9M~w A-,.Jd, A-re. ~e.t-Jt tc tk S&J~e.c.t fV-Cfe..Y"tj· We.. 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PlA,f.),.)e.J.. "De.ve.l°tMe...Jt ,µill rc.druc.e. our ~Arlitj or li+e. /lrS ,µe.J/ Ars tMt ~ tk e...Jtire. .Je.i5"bor"ood... S~uldr jO&J re.c.oMMe...Jd.. /Jrff'r'OVA.I> tluse. re.d..uc.e. its size. AAJdr ste.c.i.r.ul~ e.liMi,.,,A.t.e.. t"ose. "oMe.s loute.dr flrt tk ~ottoM ~ tk site.. T~k Cfou> WI'-\ Me.le.jC-o Ar,.)d ft!Art"~"" Me.le:t=-o Jennifer Armer From: Sent: To: Subject Members of Council, Sydney Brown <sydneyb313@gmail.com> Wednesday, February 28, 2018 7:16 AM Jennifer Armer Letter for the Town Council via hill construction The separation between irritation and inconvenience is slight, but it is significant to address. In my opinion, as a resident of the Cerro Vista Court community, this construction project is far beyond the irritation of construction trucks and workers that will be flooding the area throughout the day. It is beyond the irritation, and frankly it saddens me, to consider destroying a beautiful hill in the midst of our tucked away community. Building these ten houses will do much more harm than good. Deer, foxes, bobcats, coyotes , bunnies, and other animals cross the roads up by my house everyday. I need to drive safely to avoid hitting them . As an AP Environmental Science student, I know their importance in our ecosystem. Destroying this (currently) protected land would leave so many animals homeless and it would cause our area to loose its green. It is important to consider the environmental impacts that this project will have on our community. I could go into details, but it is also common knowledge that looking around Los Gatos: green areas are becoming more and more sparse . I have always appreciated this untouched green space. This will not only affect the small communities and neighborhoods around Cerro Vista Court, Happy Acres, and Shannon, but it will affect the entire Los Gatos community. The traffic is already atrocious in our area. Building this new neighborhood will bring around 20-30 more cars into the hills around us. It will bring about 40-60 more people into the area. We don't have room for all the people, don't have enough space in our compact town for the extra pollutants, and time for the construction projects. Without considering the environmental consequences, the local difficulties already display how negative this new neighborhood would be to Los Gatos. I know I only moved here last year and I know that I just recently turned into an adult, but I also know that my generation will soon be running the country. My parents have raised me to believe in the power of my voice and the importance of standing up for what I believe in. Here is what I believe in: the future . I want there to be a future Los Gatos that does not have houses packed together like sardines . I don't want to look at the once green hills and only see construction projects and houses being built. Everybody around here loves the balance between community life and nature. There are plenty of houses and areas being built in other parts of the city, so the need to build 10 mare houses in the hills is simply greedy. My mind is not built to think in an business advantage, but even my dad, a salesman, and I agree that this project's marginal cost is greater the marginal benefits. Economically and environmentally speaking, this procedure is not advantageous. Please do not allow this land to be built on. There are too many families who will be negatively affected by this decision. This is about the greater good . The Earth is showing us how our greed to keep building new . complexes is impacting climate change. We need to protect these pockets of green spaces in cities to help maintain a balance so that your children, grandchildren, and even great-grandch ildren can see blue skies and fields with bunnies, coyotes, bobcats, and deers. Thank you for hearing out my perspective . Sincerely, Sydney Brown Jennifer Armer From: Sent: To: Subject: Los Gatos Planning Commission, Karen Brown <jksmdbrown@earthlink.net > Wednesday, February 28, 2018 9:11 AM Jennifer Armer Surrey Farm neighborhood We are writing to request that you consider the total impact on the Surrey Farm neighborhood and the families living here when considering the approval of the new development in the open space adjacent to our homes. As you know, this is a very special neighborhood. We have lived here for over 20 years. What we love most about Surrey Farm is the peace and tranquility and the way that the homes are situated close enough to know your neighbors but in a way that we do not look into each others w i ndows. As you walk along the streets, it's clear that the original design and placement of the house lots was very carefully thought out so that each house is just high enough above the one below as to not look into our windows or impede the views of the beautiful trees and green hills around us. It was our understanding when we purchased our home that this is why we would never be allowed to build a second story addition . We walk these quiet streets mostly every day, whether it's with our dogs or grandchildren. I can't imagine how deeply our quality of life will be impacted by huge trucks driving by all day long, moving earth to carve out new lots or the loss of privacy by havi ng 10-15 giant homes built above us looking down upon our homes. We are also quite concerned about the water issues that have always been a problem in this neighborhood. We are currently trying to solve a water issue under the road in our cul-de-sac (Blueberry Hill Drive). Possibly due to the minor construction to the house next to us, the water has been rerouted and is creating a hazardous situation on the street in front of our driveway. How can we be assured that by carving up the hills beyond this neighborhood, the water table will not be disturbed and create bigger issues for this well established neighborhood? We also hope that you will consider the historic trees . There are few neighborhoods left in Los Gatos that reflect the beauty of this area. Once it's gone, it's gone forever! Please consider these concerns and the impact, not only on this neighborhood, but on our beautiful, unique town. Thank you for your time, Karen .and Jim Brown 126 Blueberry Hill Drive Los Gatos Jennifer Armer From: Sent: To: Subject: Kay Briski <kaybriski@gmail.com> Wednesday, February 28, 2018 9:19 AM Jennifer Armer Hillside Development Hi, Just wanted to let you know that as a resident of Surrey Farms I am against the development under consideration for the hills above Twin Oaks. The hills are gorgeous as they are and we do not need houses up there scaring the hillside. Please leave the hills in their natural state and do not allow the development to be built. Thank you, Kay Briski 100 Olde dr Jennifer Armer From: Sent: To: Cc: Subject: Attachments: Dear Jennifer, Jill Fordyce <jafordyce@aol.com> Wednesday, February 28, 2018 10:37 AM Jennifer Armer craig . fordyce@col liers .com Proposed Surrey Farms Development FEIRFordyceResponse228.docx Attached hereto, please find our comments for the Planning Commission with regard to the Proposed Surrey Farms development. Can you please confirm receipt of the complete 27-page document? Kind regards, Jill Fordyce Dear Members of the Planning Commission, We are writing to you regarding the proposed "Surrey Farm Estates'' development. On October 9, 2016, we submitted comments in response to the DEIR, citing numerous inadequacies with the DEIR, and objecting to the project as a whole as inconsistent with the General Plan, Zoning, Hillside Development Standards and Guidelines (HDSG), Hillside Specific Plan (HSP), the Guidelines and Standards for Land Use Near Streams, and the Williamson Act. Those comments are incorporated into the Final EIR as "Letter D -Fordyce Family" (pages 2-44 to 2-92). The Town has responded to our comments in the Final EIR on pages 2-93 to 2-108. It should be noted that, the Town response consists primarily of the statement: "The Town does not concur with this comment." There are no additional studies or mitigation efforts, and no response to information included in our letter in order to provide context, history, and a deeper understanding of what it would mean to our neighborhood to build another neighborhood on the hill above us. Instead, there is a litany of "exceptions" that are being asked to be made in order to fit this ten-home development on this pristine hillside above an existing, established neighborhood. The applicant is asking for an exception to the grading requirements mandated by the HDSG; the applicant is asking for an exception to the setback requirements mandated to protect the Ross Creek by the Guidelines and Standards for Land Use Near Streams; the applicant is asking for cancellation of a Williamson Act Contract that has been in existence for over forty years, instead of going through the normal nonrenewal process. The question we are left with is why? Why would the Town of Los Gatos, with stated objectives of sustainability and protection of hillsides, open space, wildlife habitat, and integrity of neighborhoods, grant these exceptions in order to approve this development? We all purchased homes in the Surrey Farms neighborhood because of the rural feel, the family-friendly streets, the farm fences, 1 the cul de sacs, the serenity, the wildlife, and the view of the grassy hillside. This development would greatly alter each of these features. The following is in response to the Town's response to our "Letter D". We have followed the Town's paragraph enumeration for ease of reference. We appreciate the time you are taking to read and consider our concerns, articulated below. PART ONE. Why Surrey Farms Matters to Us [D-1 to D-5] In this section of our original response, we articulated specifically why we purchased a home in our neighborhood, what is unique about the neighborhood, and the history of the neighborhood. We detailed past efforts to create a pass- through street in the 1970' s, and did our best to define the aesthetic of Surrey Farms, so that the decision-making bodies in the Town would have an understanding of what the development of a ten-home project above us, would mean. We also included our efforts since 20 I 0 to stop this development, including a petition signed by approximately seventy Surrey Farms households, since we were not included as interested parties in the DEIR, and our numerous efforts were not mentioned in the DEIR. The Town responded that the comments are not at variance with the content of the DEIR and no response is required, and that further, the petition did not need to be included since it wasn't submitted in response to the NOP. We urge the planning commission, if you have not already done so, to read the section of our letter in response to the DEIR entitled "Why Surrey Farms Matters to Us" to provide context, history, and understanding of both our neighborhood and the potential effects of this development. We also encourage you to spend some time in Surrey Farms, walk to the end of Longmeadow and see what we see, so that you can assess this project from the perspective of the neighborhood. 2 PART TWO. [D-6] Why the Draft EIR is Inadequate In this section of our letter, we noted that, although the project proposes to take an empty hillside replete with wildlife and ancient oak trees sitting above an established neighborhood, and turn it into an entire new neighborhood, almost everything in the Draft EIR is listed as having a "less than significant impact." We contend that there will be impacts, as this is not the use of land envisioned by either the Town or the neighborhood. The Town's response to this comment is that the DEIR "evaluated the proposed project's consistency" and that "all potential conflicts with existing land use regulations are considered less than significant." While individual components may have been addressed throughout the DEIR, there is no attempt to address the impact of the whole of this project on the whole of our neighborhood. [D-7 to D-8] We also argued that there were no other alternatives to development discussed in the Draft EIR, and that the no-development alternative and the less- development alternative were not discussed because of an allegation that to do so would be contrary to CEQA. The Town "does not concur" with this comment, but a review of the DEIR, specifically section 5.5.3 "Reduced Density Alternative" (which consists of two paragraphs of this over 700-page document) states unequivocally that a Reduced Density Alternative was not considered because "the project would be consistent with the proposed zone and consistent with the adjacent densities, lot sizes and setbacks." (DEIR section 5 .5.3, p. 5-190). The "No Project Alternative" contains no analysis. It states that the Williamson Act would remain in effect, but that agricultural uses were likely not viable. Section D- 8 also lists our specific concerns with regard to the proposed development, which are individually addressed throughout this document (e.g., open space, hillside preservation, environmental quality, natural plan and wildlife conservation). 3 [D-9] THE PROJECT OBJECTIVES ARE INCONSISTENT WITH THE GENERAL PLAN AND THE HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES The DEIR claims that this project is consistent with the 2020 General Plan because, prior to Mr. and Mrs . Dodge putting it into the Williamson Act in 1975, the property was zoned for residential use. The claim is then made that this property is zoned as Resource Conservation Space only because of the Williamson Act, and that, without it, the use of land envisioned by the Town (in the 1960's) was to develop it as residential lots. As we argued in our letter in response to the DEIR, this reasoning is circular, i.e., the reason land was put into the Williamson Act was to preserve it and prevent development. We also do not understand why the Town would rely on the 1961 General Plan, which was in effect prior to the development of our neighborhood. What we should be focusing on is the 2020 General Plan. [D-10] As stated in our response to the DEIR, the proposed development requires an amendment to the General Plan precisely because it is in conflict with the General Plan Goals and Policies. As the Town correctly pointed out, the goals referenced were taken from the Open Space chapter of the General Plan, which, it alleges, is not specifically applicable to Resource Conservation space. That section makes an explicit statement, however, that reaches beyond the four designated open space areas. It states: "The Town's hillside areas are unique and add to the quality oflife of Town residents and visitors. While much of the Town is considered built out, opportunities to develop in the hillside areas remain. Furthermore, it defines the "Open Space" designation as including public parks, open space preserves, private preserves, and stream corridors. 4 The Town's HSP and HDSG ensure that open space areas in the hillsides are "preseived to the greatest extent possible by the Town. The viewsheds and exiting character of the hillsides and open space areas are carefully maintained through the implementation of this General Plan and the Town's various planning processes." (General Plan 2020 at p. OSP-5). Additionally, below I have listed several additional areas of the General Plan that are helpful in considering whether or not this development is consistent with the vision of the Town of Los Gatos. To be considered consistent with the General Plan, a project must not only b~ consistent with the Land Use Plan, but it must also further the goals of all elements of the General Plan and meet the intent of its policies. (General Plan 2020 at p. INT-I). The Los Gatos 2020 General Plan supersedes previous General Plans. (General Plan 2020 at p. INT-I). The 2020 General Plan focuses on promoting sustainability which, for the purpose of the General Plan, means using resources in the present in a manner that does not compromise the choices and quality of life of future generations. This goal can be met several ways, including increasing alternative modes of transportation, maintaining a healthy local economy, and preserving open space. (General Plan 2020 at p. INT-2). Since the Town is relying on a land use designation that predates the 1975 Williamson Act contract, it is worthwhile to note the difference in our Town from then until now. When the first General Plan was adopted in 1963, the Town was approximately six square miles, with a population of 11,750 . Today, it is approximately a 14-mile square area with an estimated population of 28,800. (General Plan 2020 at p. INT-5). Los Gatos has evolved to its current status as a community with "lovely neighborhoods , a vibrant downtown and valued small- town character." (General Plan 2020 at p . INT-5). The General Plan Vision Statement states that the impacts of new development must be evaluated in light of the development's overall benefit to the community, and that input from surrounding residents and property owners is a 5 major consideration during any development review process. (General Plan 2020 at p. VIS-3). The General Plan states that one of the most important means for ensuring the continuity of values is by consistent and resolute enforcement of the General Plan, specific plans, and the Town Code. (General Plan 2020 at p . VIS-4). Many of the issues identified in the General Plan are sustainability issues, including: open space, hillside preservation, environmental quality, natural plan and animal life conservation, resource conservation and community design. (General Plan 2020 at p. VIS-4). According to the Land Use element of the General Plan: "Planning for neighborhood preservation and protection is one of the most important purposes of the Town's General Plan. Preserving the small-town heritage, natural setting, and architectural diversity are also important to this community." (General Plan 2020 at p. LU-I). The Land Use Element specifically references the Williamson Act as follows: "The California Land Conservation Act of 1965 , better known as the Williamson Act, works to preserve agricultural and open space lands through restrictive use contracts administered by counties and cities under State regulations. Private landowners voluntarily restrict their land to agricultural and compatible open space use under minimum I 0-year rolling term contracts, with counties and cities also acting voluntarily." (General Plan 2020 at p. LU-9). "Approximately 136 acres ofland within the Town limits and 358 acres of land within the SOI are designated Williamson Act land. (General Plan 2020 at p. LU-9). The Land Use Element notes that the number is higher than the number of acres in existing Agricultural use because Williamson Act "includes parcels that are classified by the Assessor as Agriculture, Open Space, and Single Family Residential. Single Family Residential may be considered an acceptable classification by the Assessor since Williamson Act contracts may include provisions for a limited number of dwelling units on the property." In fact, of these lands, only 3 .85 acres are considered "prime agricultural lands" under 6 definition of the Land Conservation Act. (General Plan 2020 at p. LU-9). The proposed development is also inconsistent with the following Land Use Element Policies: Policy LU-1.3: To preserve existing trees, natural vegetation, natural topography, riparian corridors and wildlife habitats, and promote high quality, well-designed, environmentally sensitive, and diverse landscaping in new and existing developments. Policy LU-1.4: Infill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the exiting scale and character of surrounding structures, and should blend rather than compete with the established character of the area. Policy LU-4.2: Allow development only with adequate physical infrastructure (e.g. transportation, sewers, utilities, etc.) and social services (e.g. education, public safety, etc.). Policy LU-6.4: Prohibit uses that may lead to the deterioration of residential neighborhoods, or adversely impact the public safety or the residential character of a residential neighborhood. [D-11) In this section, we noted and the Town agreed with the statement that the project would utilize roughly 81 % of the site, destroying the beauty of the hillside area. The Town responded that there is "no evidence or documentation that states that the proposed project site was to remain untouched." However, the Williamson Act contract put in place by Mr. & Mrs. Dodge in 1975, which is in full effect until 2025, dictates that this land may have no more than one single-family dwelling on the property. 7 [D-12 to D~14J In this section, we referenced a September 12, 2012 General Plan Committee meeting, wherein the committee deferred action until there was the following: a Draft EIR, a noticed meeting with a larger venue, criteria on Williamson Act cancellation, input on the General Plan amendment and zoning, required findings on the General Plan amendment and zoning, an understanding of the historical perspective with Hillside developments, and whether or not they are providing an opinion on the PD, by providing an opinion on the zoning . We noted that, even with a full DEIR, many of these land use issues remain not fully addressed. The Town concurs that the project is subject to both the HDSG and the HSP, and restates the objectives to: maintain the rural, natural open space character of the hillsides; preserve natural topography and ecosystems; and conserve the natural features of the site such as topography, natural drainage, vegetation, wildlife habitat, movement corridors, and other physical features, but does not prov ide a way to achieve these objectives with this proposed development. The HDSG is intended to acknowledge that: -The rural, natural open space character of the hillsides is an important component of the Town's character and charm. -The hillsides are geologically and environmentally sensitive areas. -Development in the hillsides has the potential to affect, and be effected [sic] by, the environment. Awareness of a site's natural constraints will result in development that is sensitive to the environment, incorporates safeguards to maximize public safety, and minimize changes to the visual quality of the hillsides. (HDSG at p. 6). Finally, the Town's response makes the exceptional suggestion that the HDSG and the HSP aren't necessarily meant to apply to this particular hillside. The Town states that the documents are to provide guidance to 8 "preserved larger, scenic hillsides [sic] areas such as the Blossom Hill Ridge Line Area or the Aztec Ridge Line Are a." This statement simply cannot be supported, as it is patently clear that this particular parcel of land is subject to both the HDSG and the HSP, and this is stated specifically at p. 5-18 of the DEIR. The Town then concludes that: "no significant impacts on wildlife, aesthetics, biological resources, Ross Creek, scenic vistas, habitat, vegetation or open space have been identified." Development plans must demonstrate full compliance with all standards. (HSDG at p. 10). The Staff Report, released on February 23, 2018 states that the applicant is proposing cut and fill depths greater than those permitted by the HDSG. Grading proposed for the private roadway includes locations of cut up to seven feet in depth and fill, up to thirteen feet in depth. According to the HDSG: "the following cut and fill criteria are intended to ensure that new construction retains the existing landform of the site and follows the natural contours. Cuts and fills in excess of the following levels are considered excessive and contrary to the objectives of the Hillside Design Standards and Guidelines. Grade to the minimum amount necessary to accommodate buildings and to site structures consistent with slope contours. These are maximum numbers and may be reduced by the deciding body if the project does not meet other grading standards or is not consistent with the goals and objectives of the Hillside Development Standards and Guidelines." The maximum cut and fill requirements are listed as follows: Maximum Graded Cuts and Fills Site Element Cut* Fill* House and attached garage 8'** 3' Accessory Building* 4' 3' 9 Tennis Court* 4' 3' Pool* 4'*** 3' Driveways* 4' 3' Other (decks, yards)* * Combined depths of cut plus fill for development other than the main residence shall be limited to 6 feet. * * Excludes cellars. (HDSG, p . 17) [D-15] THE PROJECT OBJECTIVES ARE INCONSISTENT WITH CURRENT LAND USE OBJECTIVES Zoning Although the project requires a change in zoning from Resource Conservation Space to a Planned Development, this was found to have a "less than significant impact" with no mitigation measure required. We pointed out in our letter that the DEIR incorrectly states that the current zoning is "Agriculture." The current zoning, however, is "Resource Conservation Space." In its response, the Town states that "ifthe project is approved and the underlying General Plan land use designation is changed from RC (Resource Conservation) to HR: 1 :PD (Hillside Residential), 1 unit/acre ... the project would not be in conflict with the General Plan." We do not understand this reasoning. It essentially states that "if we change the land use, the land use won't conflict anymore." The Town then argues that the property isn't suitable for agricultural operations, which it has never been used for the entire time it has been in the Williamson Act, and for the entire time the Surrey Farms neighborhood has been in existence. This is a non- issue. 10 j [D-16] In this section, we stated the definition of Resource Conservation Space as per the Town Code of Los Gatos section 29.40.155: "The Resource Conservation Zone (RC) is intended to enhance the quality of life in the town of Los Gatos. The RC zone provides a means to protect open space, special landforms, scenic areas, watershed, wildlife and vegetation. The RC zone also restricts access to and within designated areas, restricts the intensity of development, limits residential density, reduces fire hazards in the hillside areas, and provides for open space in the form of parks, playgrounds, and other community facilities." Property zoned as Resource Conservation space is zoned that way to protect open space, scenic areas, watershed, wildlife and vegetation. It is also designed to restrict development. The Town responded by saying that, though they concur with the definition of Resource Conservation Space, "because the Williamson Act would be cancelled, the RC designation is no longer appropriate for the site." This clearly does not address the issue. The land is in the Williamson Act. The Williamson Act contract has not been cancelled. It was put in the Williamson Act to restrict development and protect open space. According to the HSP, "placing lands in Williamson Act contracts should be encouraged by both Town and County." (HSP 4.3 (3) (a)). It logically follows that cancellation of Williamson Act contracts should be discouraged. [D-17to D-19] Williamson Act Cancellation In this section, we set forth the criteria for cancelling a Williamson Act contract, noting that cancellation of a Williamson Act Contract is appropriate only in "emergency situations," not where the objectives could be served instead by non-renewal. (See Sierra Club v. City of Hayward (1981) 28 Cal. 3d 840, 852-53). A board or council may only approve a canceJlation of a Williamson Act contract 11 if it finds that cancellation is consistent with the purpose of the Williamson Act or, that the cancellation is in the public interest. In order to find that cancellation is in the public interest, a council or board must make the following findings: (I) that other public concerns substantially outweigh the objectives of this chapter; and (2) that there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land.'. The Town responded by concurring that a Williamson Act contract cancellation is an option under "limited circumstances and conditions." It then set forth reasons why, in this case, "'the Williamson Act no longer services the public interest in that site [sic] does not currently support agriculture, and has not supported any agricultural uses for many decades." The Town then lists all of the various reasons why a large-scale agricultural operation on the site would not be in the public interest. The Town sidesteps again, however, the actual reason the land was put into the Williamson Act and zoned as Resource Conservation space. The intent of the original Land Conservation Contract was to preserve the rural quality of the land, recognizing that the maintenance of open space and land of rural character holds significant value. This property has never been used for agricultural purposes, at least since 1948 (according to the Town), which pre-dates the Williamson Act contract. As detailed in our comments to the DEIR, the land was placed in the Williamson Act pursuant to a Land Conservation Contract entered into between the Town and Bob and Dorothy Dodge in 1975. The Land Conservation Contract itself states: '"The o-wners and the town wish to limit the use of the property to agricultural uses and uses compatible with agricultural uses in order to presen1e the limited supply of agricultural land, to discourage the premature or unnecessary conversion of agricultural land to urban uses and to permit the maintenance of open space and land of rural character. The Owners and the Town recognize that agricultural land has public value as 12 open space and that agricultural land constitutes an important social, aesthetic and economic asset to the people of the Town and the State of California." Exhibit A of the Contract provides a list of land conservation contract compatible uses, which includes agriculture, nurseries, open space, forest preserves, outdoor recreation, public utility and service, riding and hiking trials, stables, and the residence of the owner. It should also be noted that the Town did not put forth any showing on the second prong of Williamson Act cancellation, i.e., that there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or that development of the contracted land would provide more contiguous patters of urban development than development of proximate noncontracted land. According to the Land Use Element of the General Plan, approximately 292 acres within the Town are vacant parcels of varying sizes that are scattered throughout the Town. Most of the vacant acreage in Los Gatos is located in the single-family residential area on the eastern side of the Town. Parcels here a generally larger than they are elsewhere in Los Gatos, and a number of significantly sized parcels are vacant. In order to make the requisite findings under the Williamson Act, the availability of these properties, at a minimum, should be assessed. (D-20 to D-221 THE PROPOSED DEVELOPMENT WILL DESTROY THE AESTHETICS OF THE SURROUNDING AREA In this section, we noted that the DEIR finds no aesthetic issues with the Planned Development. Although the entire backdrop to Surrey Farms would be changed from an open, grassy hill, to a neighborhood with ten homes, or possibly, an infrastructure of streets and house pads that never get sold, or that get sold and developed one by one over many years. The backdrop to our neighborhood will 13 become a constant construction zone, a busy neighborhood, or even a ghost town if the lots are not sold as expected. We noted that the hillside does not contain any current unnatural source of light and that the construction of a neighborhood on the hill will create multiple new sources of substantial light and glare, and that the development would substantially impact scenic vistas, damage scenic resources, and degrade the visual character of the site and its surroundings . In its response, the Town again contends that the hill behind Surrey Farms is not really considered a "scenic resource," and that, rather, the General Plan seeks to preserve ''view of the hillside areas of Santa Cruz Mountains, particularly the Sierra Azul ridge, rather than individual slopes interspersed within the Town." The Town response also states that "scenic resources are generally designated as those places or areas that can be viewed by many residents or visitors throughout the town rather ran more isolated areas" and makes a distinction between public and private views. We are not sure how the line is drawn between a public and a private view. The hill is the view of most of the Surrey Farms neighborhood, and the adjacent Cerro Vista neighborhood, and Hillbrook School. Indeed, it provides that backdrop and natural beauty that, for many of us, has made this neighborhood feel so rural and peaceful. The Town also noted that, because the homes must comply with the Town's building codes and landscaping in place, there will minimal aesthetic harm from sources oflight. However, this fails to take into account three things: (1) this is a natural hill that is currently I 00% dark at night, so any light source will be intrusive; (2) the Town Code cannot control car lights, which we fear will shine directly into our homes at the base of the hill; and (3) the homes and streets of the proposed development are located directly above our homes. 14 THE PROJECT WILL IRREVOCABLY HARM BIOLOGICA L RESOURCES [D-23} White Tailed Kites and Other Special Status and Migratory Birds According to section 4.3-2 of the DEIR, the development could have a substantial adverse effect, either directly or though habitat modification, to nesting white-tailed kites and other special status and migratory birds . The Town responded that, the White Tailed Kite was not observed onsite, and that mitigation during breeding season would be required and sufficient. As with all the wildlife affected or potentially affected by this proposed development, the destruction of their natural habitat cannot be mitigated. The DEIR notes that White Tailed Kites are designated as fully protected under the California Fish and Game Code and that there have been five occurrences of the White Tailed Kite within 20 miles of the site. 13 7 trees will be "impacted" by the development and 71 of those will be removed. Over 80% of the land will be developed. The white-tailed kite is a protected species and this is an insufficient way of ensuring its habitat is preserved. [D-24] San Francisco Dusky-Footed Woodrat According to section 4.3-3, the project development could have a substantial adverse effect, either directly or though habitat modification, to the special status species San Francisco dusky-footed woodrat, which is present on site. While a detailed mitigation measure is proposed, it does nothing to preserve the habitat. Instead, it disassembles nests and moves them to the next place, and then the next, which will be hard to come by on this fully developed hill that used to be their habitat. The Town response is that there are "no restrictions on impacting habitat for [sic] Dusky-Footed woodrat.'' The Dusky footed woodrat is a protected species. 15 [D-25] California Red-legged Frogs and Foothill Yellow-legged Frogs According to section 4.3-5, the project development could have a substantial adverse effect, either directly or though habitat modification, to California red-legged frogs and Foothill yellow-legged frogs. Various mitigation measures are proposed, with no acknowledgment that the frogs' habitat is being modified, limited, and destroyed. [D-26 to D-28) Ross Creek According to section 4.3-7 of the DEIR, the project development would adversely affect a surface tributary presumed to fall under the jurisdiction of the USACE, CDFG, and/or RWQBC pursuant to Federal and State law. According to section 4.3-8, the project development would adversely affect the riparian habitat of Ross Creek and an unnamed tributary to Ross Creek located within the project site. The mitigation measure is to conform with the Guidelines and Standards for Land Use Near Streams. According to section 4.3-9, the project implementation would also require an exception to the Guidelines by encroaching into the recommended riparian setback. The "mitigation" measure is for the Town to "allow an exception to the Guidelines to permit construction of Streets A and B." The Town concurs that the construction of streets would require an exception to the Guidelines by encroaching into the recommended riparian setback. The justification for that exception is that "encroachments may be considered justifiable in this case due to the very limited riparian function of the ephemeral swale in terms of wildlife and water quality." As mentioned in our comments to the DEIR, "there is a significant physical linkage between the in-stream and near-stream biological communities that is critical to protect and restore where possible. The riparian systems that border 16 many streams in Santa Clara County provide important habitat for aquatic invertebrates, fish, amphibians, birds and mammals. A number of species are dependent on a healthy riparian system to survive ." Minimum setbacks are required to minimize impacts to streams. The Geotechnical Survey provided by the developer is from 2010. It is unclear whether it even did provides the proper analysis and justification to qualify for an exception to the setback. There is no justification in the DEIR for granting an exception to the setback requirement. [D-29) Protected Trees According to the Staff Report, project implementation would affect 137 protected trees, and 70 protected trees would be removed, affecting approximately 0.52 acres of mixed oak woodland. The Town contends that mitigating the removal of these oaks, some of which are hundreds of years old, will be through planting 24-48 inch oaks in a 4: 1 replacement ratio. These trees are in no way comparable and will not compensate for the removal of these generations-old oaks. It will take hundreds of years for the new trees to grow, and there are less of them being planted than are being removed. Additionally, all animal species who rely on these trees for nesting or food or habitat will be irrevocably harmed. [D-30 to D-31] Loss of Habitat for Native Wildlife According to section 4.3-11 of the DEIR, the project development would result in the "loss of habitat for native wildlife." In Part Four of the Fordyce Letter in Response to DEIR, we submitted photos of some of the native wildlife. The hill is home to deer, coyotes, wild turkeys, bobcats, owls, mountain lions, tarantulas, foxes, and other native wildlife . The Town responded by saying that the project site is a "mostly isolated patch of undeveloped land surrounded by development." This statement demonstrates just how minimal of value was placed on the fact that 17 this "isolated patch of undeveloped land" provides a home to so many animals , birds, plants, and amphibians . The Town also contends that the project site does not provide connectivity to large areas of undeveloped land and does not serve as a wildlife corridor that provides connected or access to larger or other known wildlife corridors or habitats." Isn't this a reason to preserve this particular habitat? If there is no known connective wildlife corridor, where will all the wildlife go? After reading the DEIR and the Town's response, we are left with the question: Why is this not more important? The project development will result in the loss of habitat for native wildlife forever. Other Affected Species As articulated in our response to the DEIR, the presence of two special- status species were determined to be on site: the San Francisco dusky-footed woodrat and the oak titmouse. Another ten target species were determined to have the potential to occur within the study area. These include one federally listed species (California red-legged frog), one State fully protected species (white-tailed kite), and eight other special-status species (foothill yellow legged frog, Cooper's hawk, sharp shined hawk, Bell's sage sparrow, loggerhead shrike, Nuttall's woodpecker, Allen's hummingbird, pallid bat). One large stick nest was observed on the project site, potentially belonging to a great-homed owl and two barn owls were also observed. Both are protected raptor species. Although they are not expected to occur on site, the presence of an additional 16 target species could not be entirely ruled out. The Town concurred with this description of the wildlife surveys. 18 [D-32 to D-35) THE PROJECT WILL HA VE A DETRIMENTAL AFFECT ON THE SITE GEOLOGY AND SOILS As stated in our comments to the DEIR, drainage is a pre-existing problem in Surrey Farms. Water naturally runs from the hillside into the neighborhoods. The Town acknowledges that water collects, and ponding occurs, in the northwestern portion of the site. The northwestern portion of the site is adjacent to our backyard, the Meleyco's backyard, and Hillbrook School. The Town also states that the project design "maintains the existing drainage patterns for surface water on the site" and that storm drains would collect stormwater and convey it to one of two proposed detention basins located onsite. In our comment to the DEIR, we raised concerns about the health and safety of having a large drainage pond at the base of the hill behind our property. The Town has clarified that this is not a "pond," but a detention basin, which would be designed to drain within 48 hours after a storm. The Town also states that the project would construct an 18-foot wide earthen berm overflow channel along the adjacent property boundaries of the northwestern comer of the site to contain overflow from the proposed stonndrain system and detention basis. We don't understand how this works, i.e., where does the water ultimately go? What happens if the basin fills? Where does the berm redirect water? A fundamental question that has not been answered by the DEIR or in the Town's comments, is how significantly the grading of the hillside, the construction of homes and roads, and the removal of vegetation will affect the amount of water accumulating in the northwestern portion of the property. Finally, who is maintaining the drainage ditch? The Town states that the drainage facilities would be "maintained by the Homeowners Association or other maintenance district through an Operation and Maintenance Agreement with the Town." This is not reassuring, and leaves us 19 wondering what our remedies are if this new system fails, and/or the berm directs water into our yards or the adjacent schoolyard. As stated in our response to the DEIR, the developer has not provided an adequate solution to protect our neighborhood from flooding, erosion, and other drainage issues caused by the grading, construction, and removal of natural vegetation in an environment where drainage is already a significant issue. [D-36 to D-37] THE PROJECT WILL ADD TO ALREADY-EXISTING TRANSPORTATION AND TRAFFIC PROBLEMS In our response to the DEIR, we raised concerns about contributing to an already bad traffic situation in the Kennedy Road area. Since writing those remarks, the traffic has grown exponentially worse. There are weekends during the summer where we simply cannot leave our home to go to the grocery store or downtown because the traffic is backed up on Kennedy past Englewood, and the whole town is grid-locked. On a regular school day, if you leave at the wrong time, you can sit for four or five lights at Kennedy and Los Gatos Boulevard. We also expressed concerns about changing the nature of our neighborhood roads entirely by connecting Twin Oaks to a new road. The town responded, clarifying that there will be no pass through roads from Twin Oaks, and no access between Twin Oaks and Cerro Vista. Additionally, we are deeply concerned that these new roads will not be maintained by the Town, but rather, will be private roads maintained by a Homeowners Association. We have been informed that these roads will be private because the Town doesn't want to maintain any public roads on the hillsides. There is nothing to suggest that these roads will be appropriately maintained by an unknown private entity, and no one to hold accountable should something go wrong. 20 The Town has suggested that the project would add approximately 8 additional trips in the AM peak hour and 10 trips in the PM peak hour when the project is fully developed. I'm not sure how this figure was arrived at, but from my household alone, there are generally at least six trips, and upwards of twelve trips during peak hours. We have also asked the town to consider the effects of construction traffic on our neighborhood We anticipate that development of the infrastructure and ten individual homes would result in years and years of trucks, dust, pollution, and traffic up and down Longmeadow all day everyday (even, apparently on weekends according to the DEIR). It would change the landscape of our neighborhood for this generation of residents and beyond Our children would not be allowed out in the streets. We'd have to plan our trips out according to the construction traffic. The Town does not agree that these are concerns, stating that "during the initial phase of road and infrastructure construction, approximately 24 7 truckloads ( 494 one-way truck trips or trip ends) of excess excavated material would be hauled off site." The Town estimates this grading phase as taking approximately 15 days, generating 33 truck trips per day, or approximately 6 truck trips per hour. The Town then concluded that this is a "relatively small amount of construction traffic" and that the grading period will only take two weeks. How did they arrive at these estimates of both time and trips? Is one truck every ten minutes on a quiet residential street a "relatively small amount?" None of this seems reasonable, and none of it accounts for the impact on the Surrey Farms neighborhood of the construction of homes, one after the other, whether years apart, or all at once. 21 {D·38 to D·39] THE PROJECT WILL SIGNIFICANTLY INCREASE THE NOISE IN THE SURROUNDING AREAS According to section 4.7-1 of the DEIR, the project construction could cause a "substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project due to operation of heavy equipment during construction." Mitigation includes limiting the work hours to: 8 am to 8 pm on weekdays; 9 am to 7 pm on weekends and holidays. According to section 4.7-3, occupation of proposed residences "would not result in a permanent increase in ambient noise levels" in the project site vicinity or along local roadways. As we stated in our response to the DEIR, the project will absolutely cause a permanent increase in ambient noise levels in the project site vicinity. How could it not? Instead of hearing birds, frogs, coyotes, and the wind in the trees, we will hear car doors, alarms, cars, people, phones, radios, televisions, parties. The Town responded to this comment by stating that noise generated by "residential activities from the project site would be similar to noise generated by adjacent or nearby residences and would not conflict with the existing residential noise environment in the neighborhood, and that, therefore, the potential impacts are considered less than significant." First, we do not generally have noise from "residential activities." Other than wildlife, the only noise we typically hear is children on the field at Hillbrook School, and occasionally, because of the way sound travels down the hill, we can hear telephones and people speaking from the one house on Cerro Vista directly above Hillbrook and visible from our yard. To go from essentially no noise, to a neighborhood full of noise, with sound that travels downhill, will be a huge impact on the homes at the end of Longmeadow, along Twin Oaks, and I imagine Cerro Vista, as well. 22 We stated in our response to the DEIR that the construction of the project will drastically affect our way of life. We noted that the construction won't do this for a couple of weeks or months, but indefinitely. The mitigation measures provide no relief. Construction, with its accompanying dirt, dust, pollution, and noise are allowed for twelve hours a day on weekdays, and ten hours a day on weekends. The Town does nothing to respond to this very serious concern, and instead notes that the construction and demolition activities are "permitted to exceed the Town's noise limits when construction and demolition activities are performed Monday through Friday from 8:00 a.m. to 8:00 p.m. and 9:00 a.m. to 7:00 p.m. on weekends and holidays." This is not a mitigation of any sort, with nearly every waking hour of the day our home life being exposed to construction noise, for an indefinite period of time. [D-40 to D-43] THE PROJECT WILL ADVERSELY AFFECT THE AIR QUALITY IN THE AREA In our response to DEIR, we raised concerns about the efforts to mitigate air quality by watering exposed surfaces two times a day. We expect that this will result in a constant source of dust, pollution, and runoff in our backyard. The Town stated that water will moisten the dirt and make it less susceptible to blow away; however, the issue of constant runoff is not addressed. We also raised the issue of construction of infrastructure and pads built on the hill prior to any houses even being sold. The Town responded that the construction of infrastructure is required as a condition of the Tentative Map. What if the project is not financially viable, i .e., the houses are unable to sell? What happens then? We will have a view of empty streets and pads-essentially a ghost town on the hill above Surrey Farms, in full view of our entire neighborhood and beyond. 23 [D -44 to D-47) THE PROJECT WILL CREATE A FIRE HAZARD FOR THE SURROUNDING NEIGHBORHOODS AND SCHOOL According to the General Plan, the project site is located in a Very High Wildland Fire Severity Zone. In our comments to the DEIR, we noted that environmental conditions in California, including extreme drought have resulted in increased fire risk, and that ongoing construction, public trails, and populating the project site in general will elevate the fire risk. The Town suggests that the hillside will actually be less susceptible to fire because of sprinkler systems in houses and irrigated vegetation. This presumes that houses are built and landscaped. Given the wildfires rampant in our state over the last year, the threat to our neighborhood caused by a fire on the hill is a serious concern, and one that cannot be resolved by the construction of emergency access points. [D-48) THE PUBLIC SERVICES, UTILITIES AND SERVICE SYSTEMS OF THE TOWN OF LOS GATOS WILL BE ADVERSELY IMPACTED BY THE PROJECT The DEIR says that the project would cause a less than significant impact on our schools. In our comments, we suggested that this assessment does not appear to take into account all the other "less than significant" impacts of new construction in Los Gatos, and requested that there be further study to the impact on our schools. The Town responded that schools won't have to be expanded and that the project would pay the required school fees. This does not address the fundamental problem caused by burdening our schools and other public resources. 24 [D-49) SURREY FARMS WILL BE ADVERSELY AFFECTED BY THE CUMULATIVE IMPACTS OF BOTH THE HILLBROOK EXPANSION AND THE PROPOSED DEVELOPMENT We noted in our comments to the DEIR that, in addition to the impacts that result from the project development, the Hillbrook expansion project on an adjacent property, will also contribute to cumulative effects related to increased operational traffic and traffic noise. Our quiet comer of Los Gatos, which used to be backed by a small country day school and open space, will now be backed by a larger school and an entire new neighborhood. The Town stated that it does not concur that the proposed project would result in cumulate impacts, but also states that the DEIR does note that "the proposed projected and Hillbook School, because of the proximity, would contribute to cumulative effects related to East Ross Creek, increases in operational traffic, traffic noise, air pollutant emissions, and greenhouse gas emissions." The Town then stated, without objective authority, that these impacts can be reduced to "less than significant." [D-50 to D-52] THE DEIR INADQUATELY CONSIDERS ALL APPROPRIATE ALTERNATIVES According to the Draft EIR, four possible project alternatives could be considered: (1) no project alternative; (2) reduced density alternative; (3) two access alternative; and (4) two access+ 2 EVA alternative. The DEIR states that the reduced density alternative was reviewed on a preliminary basis but was rejected because the significant impacts identified in the DEIR could be mitigated "though implementation of specified mitigation measures." In other words, it was never considered or analyzed. Why was this 25 project looked at from the beginning as only being no project or a ten-home project? In it's response to this question, the Town maintains that: "The purpose of the project alternativ e is to identify alternatives that 'would avoid or substantially lessen any of the significant effects of the project' The proposed project does not have any significant effects." I hope that, after reading these comments and those of my neighbors, you will find this statement unsupportable. Clearly there will be significant effects , and a reduced density alternative should have, at a minimum, been considered. According to the DEIR, "Under the no project alternative, the proposed project would not be developed and the significant environmental impacts identified in this report, as well as the less-than significant impacts identified in Ch. 4 (including visual impacts), would be avoided. There is no support for the statement that this property could only be used for "marginally viable" agricultural operations. As discussed herein, this property is zoned as Resource Conservation space. It is our understanding that it was intended to remain as open space, in order to provide a pastoral setting to the neighborhood developed by its original owner. The DEIR should have provided at least a statement that a no project alternative would eliminate all of the negative impacts caused by the development of this property. CONCLUSION According to the General Plan Vision Statement: "When residents drive south on Highway 17, cross over Highway 85, see the beautiful Town of Los Gatos nestled at the base of the Santa Cruz Mountains, they know they are home. Los Gatos is an oasis of calm within one of the major economic engines of the world ... people feel safe here." (General Plan 2020 at p . VIS-2). This is precisely how we feel when we drive down Longmeadow, into the Surrey Farms neighborhood, nestled at the base of what we all call "the hill." 26 We encourage those of you who have not yet been out to the proposed development site, to spend some time there and in our neighborhood. To see photographs of the site and the neighborhood, please go to our Save Surrey Farms Face book page: https ://www .facebook.com/Save-Suney-F arms- 220965074599839/photos/. You can also search the hashtag #savesurreyfarms on Instagram. These photos provide a glimpse of the beauty of the wildlife, the feel of the neighborhood, and the serenity of the hillside. We urge you to take action to protect both the habitat on the hill and our neighborhood. Thank you for your time and service to our Town. Sincerely, The Fordyce Family Jill, Craig, Jennie, Jack, Daisy, Will and Hope 191 Longmeadow Drive February 28, 2018 27 LAW OFFICE OF DONALD B. MOONEY VIA ELECTRONIC MAIL .TArmer@losgatosca.gov Planning Commission Town of Los Gatos 417 Mace Boulevard, Suite J-334 Davis, CA 95618 530-758-2377 dbmooney@dcn.org February 28, 2018 Community Development Department 110 E. Main Street Los Gatos, CA 95030 Re: Comments on Environmental Impact Report Surrey Farm Estates Dear Commissioners: This office represents _Jill Fordyce , Jon Fordyce, Bill Meleyco , Kathy Meleyco, Jon Witkin and Marsha Witkin and submits the following comments on the Environmental Impact Report on Surrey Farm Estates Project. As an initial matter, the commentors object to the proposed project on the grounds that the Environmental Impact Report ("EIR") fails to meet the legal requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code, section 21000 et seq. and the CEQA Guidelines, section 15000 et seq . (Title 14 California Code of Regulations§ 15000 et seq .) Many of the following comments were submitted on the Draft EIR , but they were not included in the Final EIR and the Town did not provide a response to the comments. I. THE CALIFORNIA ENVIRONMENTAL QUALITY ACT "CEQA is a comprehensive scheme designed to provide long-term protection to the environment. [Pub. Resources Code, §21001.1 In enacting CEQA, the Legislature declared its intention that all public agencies responsible for regulating activities affecting the environment give prime consideration to preventing environmental damage ~hen carrying out their duties. [Pub. Resources Code,§ 21000(g).l CEQA is to be interpreted 'to afford the fullest possible protection to the environment within the reasonable scope of the statutory language.' [Friends of Mammoth v. Board of Supervisors (1972) 8 Cal .3d 247 , 259]". (Mountain Lion Foundation v. Fish & Game Com . (1997) 16 Cal.4th 105, 112 .) "The environmental impact report, with all its specificity and complexity, is the mechanism prescribed by CEQA to force informed decision making and to expose the decision-making process to public scrutiny. (Planning and Conservation League v. Department of Water Resources (2000) 83 Cal App .4th 892, 910; citing No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 86.) This interpretation remains the benchmark for judicial interpretation of CEQA. (Laurel Heights Improvement Association v. Regents of the University of California ("Laurel Heights I") (1988) 47 Cal.3d 376, 390, quoting Bozung v. Local Agency Formation Planning Commission February 28, 2018 Page2 Commission (1975) 13 Cal.3d 263, 274.) As the Laurel Heights I court noted, "lilt is, of course, too late to argue for a grudging, miserly reading of CEQA." (Laurel Heights I, supra, 47 Cal.3d at p. 390.) The EIR is "the heart of CEQA" and "an environmental alarm bell whose purpose is to alert the public and its responsible officials to environmental changes before they have reached the ecological point of no return ." (Id . at p . 392.) The EIR is the "primary means" of ensuring that public agencies "take all action necessary to protect, rehabilitate, and enhance the environmental quality of the state ." (Id ., quoting Pub . Resources Code, § 21001(a).) The EIR is also a "document of accountability," intended "to demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and considered the ecological implications of its actions." (Laurel Heights I, supra, 47 Cal.3d at p. 392 (quoting No Oil, Inc ., supra, 13 Cal.3d at p . 86.) Thus, "[t)he EIR process protects not only the environment but also informed self-government." (Ibid.) The central purpose of an EIR is to identify the significant environmental effects of the proposed project, and to identify ways of avoiding or minimizing those effects through the imposition of feasible mitigation measures or the selection of feasible alternatives. (Pub. Resources Code,§ 21002, 21002.l(a), 21061.) "An EIR provides the public and responsible government agencies with detailed information on the potential environmental consequences of an agency's proposed decision." (Mountain Lion Foundation v. Fish & Game Commission, supra, 16 Cal.4th at p . 113 .) Thus, the primary purposes of CEQA is to inform government decision-makers and the public about the potential significant environmental effects of proposed projects (CEQA Guidelines, § 15002(a)(l)) and to disclose to the public the reasons for approval of a project that may have significant environmental effects . (CEQA Guidelines ,§ 15002(a)(4).) Informed decision making and public participation are fundamental cornerstones of the CEQA process. (See Citizens of Goleta Valley v . Board of Supervisors (1990) 52 Cal.3d 553 ~ Laurel Heights/, supra, 47 Cal.3d 376.) With this primary purpose of CEQA in mind, the California Supreme Court has stated that "ltlhe environmental impact report ("EIR") is the primary means of achieving the Legislature's considered declaration that it is the policy of this State to take all action necessary to protect, rehabilitate , and enhance the environmental quality of the State." (Sierra Club v. State Board of Forestry (1994) 7 Cal.4th 1215, 1229 (emphasis addedl.) Thus, when an agency fails to comply with CEQA 's informational requirements of CEQA, an agency has failed to proceed in 'a manner required by law . (Save Our Peninsula Committee v. Monterey County Board of Supervisors (2001) 87 Cal.App.4th 99, 118 . If the deficiencies in an EIR "preclude[ I informed decision.making and public participation, the goals of CEQA are thwarted and a prejudicial abuse of discretion has occurred." (Id . at p. 128 .) As discussed in these comments as well as the comments submitted by the Fordyce Family and Save Surrey Farms, the EIR fails to satisfy CEQA's legal Planning Commission February 28, 2018 Page 3 requirements and fails as an informational document. Thus, the EIR is legally deficient. II. PROJECT DESCRIPTION FAILS TO COMPLY WITH CEQA The EIR fails to provide a legally adequate Project Description . CEQA requires that environmental review document contain an accurate description of the entire project. (See County of Inyo v . City of Los Angeles (1977) 71CalApp.3d185, 193 .) In County of Inyo, the court stated that "fain accurate, stable and finite project description is the sine qua non of an informative and legally sufficient BIR." (Id .) CEQA requires a complete project description to ensure that all of the project's environmental impacts are considered. (City of Santee v . County of San Diego (1989) 214 CalApp.3d 1450, 1454.) As stated by the court in County of Inyo, "[al curtailed or distorted project description may stultify the objectives of the reporting process . Only through an accurate view of the project may affected outsiders and public decision-makers balance the proposal's benefit against its environmental cost, consider mitigation measures, assess the advantages of terminating the proposal (i.e., the "no project" alternative) and weigh other alternatives in the balance." (71 Ca1App .3d at pp. 192-193; see also Communities/or a Better Environment v . City of Richmond (2010) 184 Cal.App.4th 70, 82 [court found project description inadequate where EIR concealed, ignored, excluded, or simply failed to provide pertinent information" regarding a reasonably foreseeable consequence of the project).) A curtailed, enigmatic or unstable project description draws a red herring across the path of public input." (San Joaquin Raptor Rescue Center v. County of Merced (2007) 149 Cal.App .4th 645, 656; quoting County of Inyo, supra, 71 Cal.App.3d at pp . 197-198 .) An accurate project description is essential as it allows the public and the decision- makers to evaluate the project's benefits against its environmental effects. (County of Inyo v. City of Los Angeles, supra, 71 Ca1App.3d at pp. 192-193 .) An inaccurate project description may result in an EIR that fails to disclose impacts associated with the project. (See Santiago County Water Dist. v . County of Orange (1981) 118 Ca1App.3d 818, 829.) Moreover, an accurate project description provides for full disclosure and informed decision-making . (See Kostka & Zischke, Practice Under the California Environmental Quality Act (Cont. Ed. Bar 2013) § 12 .. 7, at p. 580.) "[OJnly through an accurate view of the project may the public and interested parties and public agencies balance the proposed project's benefits against its environmental cost, consider appropriate mitigation measures, assess the advantages of terminating the proposal and properly weigh other alternatives .... " (City of Santee v. County of San Diego , supra, 214 Cal.App.3d at p . 1454.) If the description is inadequate because it fails to discuss an aspect of the project, the environmental analysis will probably reflect the same mistake . (See San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App.3d 713, 722- 723 .) Planning Commission February 28, 2018 Page4 A. The Project Description Lacks Critical Information The EIR's Project Description fails to provide information regarding the size of the homes, the amount of impervious surface resulting from the construction of the homes, streets and landscaping . (See DEIR§ 3 .4 .) Without knowing the extent or amount of the impervious swface it impairs the ability to evaluate the potentially significant impacts to homes and residential areas from drainage. Nor can the public adequately evaluate whether the detention ponds and drainage facilities are adequate to avoid potentially significant environmental impacts. B. THE PROJECT DESCRIPTION CONTAINS OVERLY NARROW PROJECT OBJECTIVES The EIR's Project Description contains overly narrow project objectives that the adequacy of the environmental review. The project description must state the objectives sought by the proposed project. (CEQA Guidelines,§ 15124(b).) The statement of objectives must include the underlying purpose of the project. (Id.) The statement of objectives is critical to the environmental review as its drives the agency's selection of alternatives for analysis and approval. (Id.; In re Bay Delta Programmatic Environmental Impact Report Coordinated Proceedings (2008) 43 Cal.4th 1143 , 1164 [objectives chosen should be broad enough to permit a reasonable range of alternatives].) Thus, when an agency defines a project and its objectives too narrowly, the EIR's treatment of alternatives may also be inadequate . (See City of Santee v. County of San Diego (1989) 214 Cal.App.3d 1438, 1455.) Thus, an applicant cannot artificially confine the range of available alternatives by adopting an overly narrow statement of project objectives. (Kings County Farm Bureau v. City of Hanford (1990) 221Cal.App.3d69, 736; s e e also C ity of Carmel-by -the-Sea v. U.S. Department of Transportation (1997) 123 F.3d 1142, 1155 (the project objective" necessarily dictates the range of 'reasonable" alternatives and an agency cannot define its objectives in unreasonably narrow terms.").) To allow an applicant to do so would render CEQA's mandate "meaningless." (Kings County, supra, 221 Cal.App.3d at p. 737 .) The Applicant provided an overly narrow set of project objectives that are simply to develop 10 residential lost at the project site and to provide emergency access connections to adjacent roadways where feasible . (DEIR! 3.3 .1.) The Town provides a separate list of project objectives that are not limited to the development of 10 homes, but with the development standards and Hillside Specific Plan. (DEIR 1f 3 .3 .2 .) In preparation and evaluation of the alternatives, however , the BIR focuses on the applicant's overly narrow objectives. These narrow project objectives unnecessarily limit the range of alternatives in the EIR. A review of the EIR's alternative section confirms this concern. The EIR only analyzes two alternatives : 1) the Two-Access Alternative (DEIR at p . 5-20); and 2) the Two Access+ Two EV A Alternative (DEIR at p. 5-36). Thus, the two alternatives only deal with the project's circulation design and not the number of lots and/or the size of the lots. Planning Commission February 28 , 2018 Page5 C. The Project Description Inappropriately Incorporates Mitigation Measures The EIR incorporates what amount to mitigation measures regarding stormwater drainage into the project description . (DEIR at p . 3-11 .) The project description provides for two water quality/flow control basins to treat drainage from new impervious surfaces as well as catch basins to collect and direct surface runoff to two basins. (Id.) These constitute avoidance, minimization and/or mitigation measures designed to reduce or eliminate the impacts to flood risk and water quality. "By compressing the analysis of impacts and mitigation measures into a single issue, disregards the requirements of CEQA." (Lotus v. Department of Transportation (2014) 223 Cal.App.41h 645, 656, citing Pub. Resources Code,§§ 21lOO(b),21081, CEQA Guidelines,§ 15126, 15091.) In Lotus, the court held that actions such as restorative planting, removal of invasive plants, and the use of an arborist and specialized equipment were "plainly mitigation measures and not part of the project itself," resulting in the improper compression of environmental impacts and mitigation measures into a single issue in the EJR. (223 Cal.App .4'h at p. 656, fn. 8 .) D. Cancellation of Williamson Act Contract The Project description includes the cancellation of the Williamson Act contract for the project site . (DEIR' 3 .4.) The Legislature intended cancellation to be approved only in the most extraordinary circumstances. (See Sierra Club v . City of Hayward , 28 Cal.3d. 840, 852.) Thus the Legislature intended nonrenewal as the ordinary contract termination method; no evidence appears in the record to demonstrate that compliance with the nonrenewal process would have interfered with the city's orderly development or defeated any other purpose served by cancellation. (Id.) Substantial evidence must support the circumstances that give rise to the cancellation request. (Id.) "The Williamson Act authorizes approval of a cancellation request only if the relevant agency finds '(a) That the cancellation is not inconsistent with the purposes of (the act); and (P) (b) That cancellation is in the public interest.' (Gov't Code § 51282.)" Section 51282 further states: "The existence of an opportunity for another use of the land involved shall not be sufficient reason for the cancellation of a contract. A potential alternative use of the land may be considered only if there is no proximate, noncontracted land suitable for the use to which it is proposed the contracted land be put." (Sierra Club v. City of Hayward (1981) 28 Cal.3d 840, 847-848 ; see also Save Panache Valley v. San Benito County (2013) 217 Cal.App.41h 503, 516.) Cancellation is a disfavored method to remove lands from contract while nonrenewal is the preferred method. (Sierra Club v. City of Hayward, supra, 28 Cal.3d at p . 853 .) An agency may grant tentative approval for cancellation of a contract only if it makes one of the following findings: (1) the cancellation is consistent with the purposes of the Act or (2) cancellation is in the public interest. (Gov't Code,§ 51282(a).) "For Planning Commission February 28, 2018 Page6 purposes of paragraph (2) of subdivision (a) cancellation of a contract shall be in the public interest only if the council or board makes the following findings: (1) that other public concerns substantially outweigh the objectives of this chapter; and (2) that there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land." (Id. subd . (c).) "As used in this subdivision 'proximate, noncontracted land' means land not restricted by contract pursuant to this chapter, which is sufficiently close to land which is so restricted that it can serve as a practical alternative for the use which is proposed for the restricted land. As used in this subdivision 'suitable' for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract pursuant to this chapter. Such nonrestricted land may be a single parcel or may be a combination of contiguous or discontiguous parcels." (Save Panoche Valley, supra, 217 Cal App .4th at p . 516.) In the present matter, the EIR fails to identify any alternative site that would be noncontracted land in proximate location to the proposed project. Moreover, the EIR fails to identify the extraordinary circumstances that would justify cancellation of the Williamson Act contract. Nor does the EIR identify that compliance with the nonrenewal process would interfere with the Town's orderly development. Finally, the EIR fails to identify what public interest would be served by cancellation. While cancellation of the contract may serve the applicant's private and economic interests, that does not constitute a public interest. Ill. ALTERNATIVES The EIR contains a legally flawed alternative analysis as it fails to contain a reasonable range of feasible alternatives . (DEIR at pp. 22-31; see Pub. Resources Code, §§ 21001(g); 21002.l(a); CEQA Guidelines,§ 15126.6; Citizens of Goleta Valley v Board of Supervisors, supra, 52 Cal.3d at p. 566.) A. CEQA REQUIRES AN EIR TO CONSIDER A REASONABLE RANGE OF FEASIBLE ALTERNATIVES CEQA mandates that a lead agency adopt feasible alternatives or feasible mitigation measures that can substantially lessen the project's significant environmental impacts. (Pub . Resources Code,§ 21002; Guidelines,§ 15002(a)(3); Citizens of Goleta Valley v. Board of Supervisors, supra , 52 Cal.3d at p. 566.) For that reason, "[t)he core of an EIR is the mitigation and alternatives sections." (Id . at p . 564.) "The purpose of an environmental impact report is to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided. (Pub. Resources Code,§ 21002.l(a) (emphasis added); see also Pub . Resources Code, § 21061 .) Thus, a lead agency must ensure "that all reasonable alternatives to proposed projects are thoroughly assessed." Planning Commission February 28, 2018 Page? (Wildlife Alive v. Chickering (1976) 18 Cal .3d 190, 197; Pub. Resources Code,§ 21001(g) (lead agency must "consider alternatives to proposed actions affecting the environment"); Laurel Heights/, supra, 47 Cal.3d at p. 400.) The determination of whether an alternative is feasible is made in two stages . (See Mir Mar Mobile Community v. City of Oceanside (2004) 119 CalApp.4th 477-489-490 California Native Plant Society v . City of Santa Cruz (2009) 177 Cal App.4th 957, 981; CEQA Guidelines,§ 15126.6(c).) The first step involves identifying a range of alternatives that will satisfy basic project objectives while reducing significant impacts. (Ibid.) Alternatives that are not "potentially feasible" are excluded at this stage as there is no point in studying alternatives that cannot be implemented. (Ibid.) In the second stage, the final decision on the project, the agency evaluates whether the alternatives are actually feasible. (California Native Plant Society, supra, 177 Cal App.4th at 981; see CEQA Guidelines,§ 15091(a)(3).) At this point, the agency may reject as infeasible alternatives that were identified in the EIR as potentially feasible. (California Native Plant Society, supra, 177 Cal App.4th at 981.) The EIR must "describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project, and evaluate the comparative merits of the alternatives." (CEQA Guidelines, § 15126.6(a).) The alternatives discussion must focus on alternatives that avoid or substantially lessen any significant effects of the project. (Id.,§ 15126.6(b); Goleta Valley, supra, 52 Cal.3d at p. 566 (EIR must consider alternatives that "offer substantial environmental advantages").) The range must be sufficient "to permit a reasonable choice of alternatives so far as environmental aspects are concerned." (San Bernardino Valley Audubon Soc'y v. County of San Bernardino (1984) 155 Ca1App.3d 738, 750; see also Sierra Club v. Contra Costa County (1992) 10 Cal App .4th 1212, 1217-18 , 1222 (EIR that only considered two alternatives for less development was not a range of reasonable alternatives).) Although no rule governs the number of alternatives that must be considered, the range is governed by the "rule of reason." (Citizens of Goleta Valley v . Board of Supervisors, supra, 52 Cal.3d at p . 576; CEQA Guidelines,§ 15126 .6(a)(f).) Marin Municipal Water District v. KG Land Corp. (1991) 235 Cal.App.3d 1652, 1664 ("CEQA establishes no categorical legal imperative as to the scope of alternatives to be analyzed in an EIR").) The range of alternatives, however, must be selected and discussed in a manner that allows for meaningful public participation and informed decisionmaking . (Id.) The fact that CEQA does not require a specific number of alternatives does not excuse an agency's failure to present any feasible, less environmentally damaging options to a proposed project. (See Sierra Club v . Contra Costa County, supra, 10 Cal.App.4th at 1217-18, 1222 (EIR that only considered two alternatives for less development was not a range of reasonable alternatives).) In Watsonville Pilot Association v. City of Watsonsville, supra, 183 Cal App.4th at pp. 1086-1088, the court held that an EIR was legally inadequate because it failed to consider a reduced project alternative . The court rejected the City's argument that no Planning Commission February 28, 2018 Page 8 discussion of an alternative is required if that alternative would not meet a project objective. (Id.) The court held "it is virtually a given that the alternatives to a project will not attain all of the project's objectives." (Id. (emphasis in original).) The Court also rejected the City's argument that the EIR adequately addressed a reduced development alternative by considering the no-project alternative. (Id. at pp. 1088-1089.) The court recognized that "the core of an EIR is the mitigation and alternatives sections" and that the purpose of an EIR is to identify the significant effects of a project on the environment, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided." (Id.) B. THE EIR'S REJECTION OF THE REDUCED DENSITY ALTERNATIVE IS NOT SUPPORTED BY THE CEQA GUIDELINES. The EIR states that it rejected the reduced density alternative because CEQA Guideline section 15092(c) does not allow a reduction in the number of housing units as mitigation if it determines that there is another feasible specific mitigation available that will provide a comparable level of mitigation. (See also Pub. Resources Code, § 21159 .26.) The EIR then concludes that the Reduced Density is legally infeasible as there are mitigation measures available. The EIR's Reduced Density Alternative, however, only reduced the project by one building lot. The EIR did not consider or evaluate any alternative less than nine home sites. An adequate alternative analysis should have included a true reduced alternative of only five or six lots for homes. Under Public Resources Code, section 21159 .26, however, the decision that another mitigation measure or alternative will provide a comparable level of mitigation and that it is feasible can only be made at the project approval stage. Thus, the EIR cannot rely upon CEQA Guidelines section 15092(c) and Public Resources Code section 21159.26 to exclude an analysis of a reduced density alternative from an EIR. It should also be noted that the EIR' s reliance on CEQA Guideline section 15092(c) is misplaced as it applies to mitigation measures, not an alternative analysis. Thus, nothing in section 15092(c) precludes the Town from evaluating a Reduced Density Alternative. C. THE EIR FAILED TO INCLUDE A REASONABLE RANGE OF ALTERNATIVES Contrary to CEQA's directive, the Town fails to consider a "reasonable range" of alternatives that would reduce and avoid the Project's significant impacts. (See Pub. Resources Code,§§ 21002 and 21002(a); Guidelines§ 15126.6(b); Goleta Valley, 52 Cal.3d at 566 (EIR must consider alternatives that "offer substantial environmental advantages").) Other than the required No Project Alternative (Guidelines ,§ 15126.6(e)), the EIR's alternative analysis contains only two alternatives, both of which have to do with access roads to the project and not the number of lots, size of lots or the location of the lots. Planning Commission February 28, 2018 Page9 A project proponent, however, cannot artificially confine the range of available alternatives by relying upon an overly narrow statement of project objectives. (Kings County Farm Bureau v. City of Hanford, supra, 221 Cal.App.3d at p . 736; see also City of Carmel-By-the-Sea v. U.S . Department of Transportation, supra, 123 F.3d at p. 1155 (the project objective "necessarily dictates the range of 'reasonable' alternatives and ·an agency cannot define its objectives in unreasonably narrow terms.").) To allow the project's objectives to be unreasonably narrow renders CEQA's mandate to consider a reasonable range of potentially feasible alternatives meaningless. (Kings County, supra, 221 Cal.App.3d at p . 737 .) When an agency rejects one or more alternatives as infeasible during the scoping process does not mean that the EIR need not contain a range of alternatives to the project. (See In re Bay Delta Programmatic Environmental Impact Report Coordinated Proceedings, supra, 43 Cal.4th at p. 1164; California Native Plant Society, supra, 177 Cal.App.4th at 981; Citizens of Goleta Valley v. Board of Supervisors, supra, 52 Cal.3d at p. 559 (EIR examined 4 development alternatives); La.urel Heights I. supra, 47 Cal .3d at 403 .) Failure to provide a range of potentially feasible alternatives means that the EIR fails to provide a choice to the decisionmakers. (San Bernardino Valley Audubon Soc 'y v. County of San Bernardino, supra, 155 Cal.App .3d at 750 (range must be sufficient to provide a reasonable choice of alternatives); California Native Plant Society v . C ity of Santa Cruz, supra, 177 Cal.App.4th at 981 (the decisionmaking body evaluates whether the alternatives are actually feasible); CEQA Guidelines ,§ 15126 .6(a) (EIR must consider a reasonable range of potentially feasible alternatives that will foster informed decisionmaking and public participation .).) The decision makers may reject as infeasible alternatives that were identified in the EIR as potentially feasible. (Mira Mar Mobile Community v. City of Oceanside , supra, 119 Cal App .4th at 489 .) The EIR's failure to consider a reduced project alternative violates CEQA's requirement to include a reasonable range of alternatives that would reduce and/or avoid the Project's significant impacts . As such , the Town needs to prepare a revised EIR that considers a reasonable range of alternatives . III. THE EIR FAILS TO ADEQUATELY ADDRESS IMPACTS AND LACKS ADEQUATE MITIGATION MEASURES A. Land Use and Planning The EIR recognizes that a project will result in a significant land use impact if the project conflicts with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project. (DEIR at pp. 4.1-15; CEQA Guidelines, Appendix G; see also CEQA Guidelines,§ 15125(d).) An EIR must evaluate any inconsistencies with plans . (North Coast Rivers Alliance v . Marin Municipal Water District (2013) 216 Cal.App.4th 614, 632.) Moreover, an inconsistency with a plan or regulation may indicate the likelihood of environmental harm. In the present matter, the EIR contains an Planning Commission February 28, 2018 Page 10 inadequate and incorrect discussion regarding the Project's consistency with the Town's governing land use documents. · 1. The Project's Inconsistency with the Zoning The Project will result in a change of zoning from Resource Conservation to Hillside Residential with a Planned Unit Development Overlay . (DEIR 4.1-2.) According to the Town: The Resource Conservation zone is intended to enhance the quality of life in the Town of Los Gatos . The RC zone provides a means to protect open space, special land forms, scenic areas, watershed, wildlife and vegetation. The RC zone also restricts access to and within designated areas, restricts the intensity of development, limits residential density, reduces fire hazards in the hillside areas, and provides for opens space in the form of parks, pJaygrounds , and other community facilities . The Hillside Residential zone is intended to provide for orderly, harmonious development of the foothills and mountains. The HR zone provides a means to minimize the amount of disturbance of the natural terrain and encourages excellence in design principles and engineering techniques. The HR zone also provides for a variety of dwelling types where land assembly and a unified development scheme are more appropriate . Based upon the very definition and purpose of the zoning designation, there is a potentially significant environmental impact that the EIR has not addressed. Currently, the zoning provides for the protection of open-space and the management of land for scenic areas, watershed, wildlife and vegetation. Upon being rezoned, the zoning provides for the development of property. The BIR fails to recognize this change. Moreover, the EIR fails to mitigate for the significant loss of open space protected by the Resource Conservation zone. 2. The Project is Inconsistent with the General Plan's Goals and Policies Governing Open Space The proposed Project is also inconsistent with the goals and policies of the General Plan. The general plan is "at the top of "the hierarchy of local government law regulating land use ." (DaVita v . County of Napa (1995) 9 Cal.4th 763, 773 . The Supreme Court described "the function of a general plan as a "constitution," and labeled it the "basic land use charter governing the direction of future land use" in the locality . (Lesher Communications, Inc. v. City of Walnut (1950) 52 Cal.3d 531, 540, De Vita, supra, 9 Cal.3d at p. 773 .) Thus, land use decisions must be consistent with the general plan. (Gov't Code,§ 65860(a); Lesher Communications, Inc., supra, 9 Cal.3d at p. 541.) Planning Commission February 28, 2018 Page 11 An action is consistent with the general plan if it furthers the objectives and policies of the general plan and does not obstruct their attainment. (Friends of Lagoon Valley v. City of Vacaville (2007) 154 Ca1App.4th 807, 817.) While a court accords deference to an agency 's interpretation of its general plan and various elements, an abuse of discretion is established if the agency has not proceeded in a manner required by law, its decision is not supported by findings, or the findings are not supported by substantial evidence. (See Code Civ. Proc.,§ 1094.5; Pfeiffer v. City of Sunny vale City Council (2011) 200 Cal.App .4 1h 1552 , 1563 .) An action, however, must be consistent with the very specific and mandatory policies of the general plan. (Endangered Habitats League, Inc . v. County of Orange (2005) 131CalApp.4tb777 , 785-786, 789.; Families Unafraid to Uphold Rural El Dorado v. Board of Supervisors (1998) 62 Cal.App .4th 1332, 1342.) The General Plan's Open Space Element provides: The Town's hillside areas are unique and add to the quality of life of Town residents and visitors. While much of the Town is considered built out, opportunities to develop in the hillside areas remain . The Town's Hillside Specific Plan and Hillside Development Standards and Guidelines ensure that open space areas in the Hillsides are preserved to the greatest extent possible by the Town. The viewsheds and existing character of the hillsides and open space areas are carefully maintained through the implementation of this General Plan and the Town's various planning processes. (2020 General Plan at OSP-5 .) To facilitate the protection of Open Space within the Town, the General Plan identifies several Goals and Policies designed to maintain and achieve those goals. As discussed in the Fordyce comments, the proposed Project is inconsistent with the General Plan's Goals OSP-2 and OSP-5 . (See also Fordyce Comments at pp. 6.) Goal OSP-2 provides for the preservation of open space in hillside areas as natural open space. The Project also violates OSP Policy 2.1 , which provides that for the preservation of natural open space character of hillside lands, including natural topography, natural vegetation, wildlife habitats and migration corridors, and viewsheds. The Project is also inconsistent with OSP Goal 5. OSP Goal 5 requires the Town "to create and maintain open space areas and parks that enhance and blend into existing natural habitats, residential neighborhoods, and other Town features." (2020 General Plan at OSP 14.) In implementing OSP Goal 5, the OSP Policy 5.4 provides for the Town to "maintain the Town's high standards for landscaping and tree preservation, helping to maintain cohesiveness between existing neighborhoods and surrounding open space areas and reducing disturbances to adjacent natural habitats. As discussed in the Project Description the proposed Project preserves only 19 percent of the property as open space, while residential lots comprise 74 percent of the Planning Commission February 28, 2018 Page 12 site and roads comprise 7 percent. (DEIR at p . 3-4.) The EIR fails to identify or discuss how a 81 percent loss of Open Space bordered in part by residential neighborhood and in part by hillside residential complies with the goals and policies of the General Plan's Open Space Element. 3. The EIR's Impact Analysis Regarding Land Use is Legally Inadequate Impact 4.1-2: In evaluating the Project's consistency with the applicable General Plan and other planning documents, the EIR compares the project's consistency with the 1%1 General Plan prior to have been under a Williamson Act contract. (DEIR at p. 4.1- 20.) The EIR concludes that the Project's uses and density would be consistent with the 1961 General Plan at the time the property was designated agricultural preserve under the Williamson Act. The EIR applies the wrong standard and/or baseline for making this determination . When a project involves the revision of a plan or policy, the project's impacts are assessed against existing conditions. (CEQA Guidelines,§ 15126.6(e)(3(A); see also Woodward Park Homeowners Ass'n v. City of Fresno (2007) 150 Ca1App.4th683, 707.) Thus, the EIR must base its consistency analysis on the existing land use designations and land use, not upon an outdated General Plan from 50 years ago. The baseline for evaluating impacts is the date of the Notice of Preparation, not a zoning or land use designation from many decades past. (See CEQA Guidelines, 15125(a); Save Our Peninsula Comm. v. Monterey County Board of Supervisors (2001) 87 Cal.App.4th 99, 125; see also Woodward Park Homeowners Association v. City of Fresno (2007) 150 CalApp.4th 683, 707 (EIR for planning and zoning changes for a new commercial development rejected because EIR compared proposed development only to hypothetical office park that could be developed under preexisting plan but did not compare proposed development with existing physical conditions on site.).) The EIR's reliance on the zoning prior to the Williamson Act contract to evaluate impacts violates CEQA 's baseline requirements . Impact 4.1-3: The EIR concludes that the Project's conflict with current zoning of Agriculture and the Williamson contract does not constitute a potentially significant environmental impact. The impact analysis states that the current zoning is Agriculture. This contradicts the statement in Impact 4.1-2 that states the current zoning is Resource Conservation. (See DEIR at p. 4.1-19.) For this impact analysis, the BIR does not rely upon existing zoning of Resource Conservation, but the zoning that may exist at some future point in time when the Williamson Act contract is cancelled and the property is rezoned from Resources Conservation to Agriculture. The impact analysis must be revised to address existing conditions. (See CEQA Guidelines, 15126.6(d).) Planning Commission February 28, 2018 Page 13 B. Hydrology and Water Quality Impact 45-4 states that the Project will not create or contribute to runoff water that would exceed the capacity of existing or planned stormwater drainage. As discussed above the "project features" regarding stormwater drainage should be mitigation measures. (Lotus v. Department of Transportation (2014) 223 CalApp.4m 645, 656, citing Pub. Resources Code,§§ 21100(b), 21081, CEQA Guidelines,§ 15126, 15091.) C. Aesthetics The Final EIR dismisses comments on the Project's significant impacts to aesthetic values, specifically scenic views of the project area. (FEIR at pp. 2-98 to 2-99.) The Final EIR dismisses these concerns based upon the assumption that the views are only "private views" and not "public views". This assertion is not supported by substantial evidence or case law . As indicated in Jill Fordyce 's comments, these are not private views enjoyed by only a few property owners, but scenic views enjoyed from many points of view and several neighborhoods. Thus, the Project's adverse impacts to views are upon the environment of persons in general. Moreover, case law is clear that aesthetic impacts can be impacts on a neighborhood or neighborhoods. (See e.g. Pocket Protectors v. City of Sacramento (2005) 124 Ca1App.41h 903, 928.) Additionally, Appendix G to the CEQA Guidelines states in relevant part that a project will normally have a significant effect on the environment if it will have a substantial, demonstrable negative aesthetic effect. Thus , "the CEQA Guidelines essentially establish a rebuttable presumption any substantial, negative aesthetic effect is to be considered a significant environmental impact for CEQA purposes" (Quail Botanical Gardens Foundation, Inc. v. City of Encinitas (1994) 29 Cal.App.4th 1597, 1605.) In Pocket Protectors, the court accepted as substantial evidence the lay testimony of neighbors regarding the potential land use and aesthetic impacts of a proposed housing development in a Planned Unit Development (PUD). The court held that the relevant personal observations of area residents qualified as substantial evidence of potential adverse environmental impacts of minimizing the open space and landscaping required by the PUD are substantial evidence . The Court concluded that that where the neighbors offered detailed factual observations about what they regarded as deficiencies in the open space and landscaping requirements applied to the proposed project, such testimony constituted substantial evidence of both land use and aesthetic impacts. (124 Cal.App.4th at pp. 928-932.) The Town's reliance upon Association for Protection of Environmental Values in Ukiah v. City of Ukiah, 2 Cal.App.4th 720, 735 is misplaced. (See FEIR at pp. 2-98.) In Association for Protection, case involved the construction of a single-family dwelling on a lot, which was the last to be developed in a neighborhood of single-family residences . The court found that there was no evidence such construction of that single family residences in an already developed neighbor would -would adversely affect the Planning Commission February 28, 2018 Page 14 environment of persons in general would adversely affect the environment of persons in general. (Id.) That is not the facts regarding this Project. This Project involves the development of open space that is currently under a Williamson Contract. not a single Jot in an already developed neighborhood . Moreover, the Project's visual impacts wiH experience not by a single or even a few property owners, but the community as a whole. VII. CONCLUSION As demonstrated in these comments and the comments submitted by the Fordyce Family, the EIR fails to meet CEQA' s minimum requirements. Moreover, the EIR fails as an informational document to the decisionmakers and public. cc: Clients Sincerely, Donald B. Mooney Attorney Jennifer Armer From: Sent: To: Subject: Cindy Shanker <cshanker@comcast.net> Wednesday, February 28, 2018 10:58 AM Jennifer Armer Comments fir Planning Commission Meeting 2/28/18 Here our our comments regarding agenda its at tonight's hearing. We object to this land being developed. Our reasons are substantially similar to those submitted in comments by many other residents of the area so it does not seem necessary to elaborate, other than to make you aware that we share many of their concerns . In the event that you choose to proceed with consideration of the rezoning, we have the following comments: Ten lots is too dense and the number of lots should be reduced overall. Specifically with respect to Cerro Vista Court, our cul-de-sac only has 5 homes on it and the developer proposes to add access to 4 more with a road through our neighborhood. This is a disproportionate impact. The easement proposed to be used for constructing the road from Cerro Vista Court to the Dodge property was never intended to be used for that purpose . Records related to establishment of our subdivision mention only a utility easement to serve the Dodge property. Other historical documents, including the Final Subdivision Public Report make it clear that our subdivision was intended to be a separate entity. The Dodge property was never part of our development and should not become part of it by virtue of a road created by taking land from one of our neighbors. Thank you for considering our comments. Cindy and Philip Shanker 15949 Cerro Vista Court Jennifer Armer From: Sent: To: Subject: Cindy Shanker <cshanker@comcast.net> Wednesday, February 28, 2018 10:58 AM Jennifer Armer Comments fir Planning Commission Meeting 2/28/18 Here our our comments regarding agenda its at tonight's hearing. We object to this land being developed. Our reasons are substantially similar to those submitted in comments by many other residents of the area so it does not seem necessary to elaborate, other than to make you aware that we share many of their concerns. In the event that you choose to proceed with consideration of the rezoning, we have the following comments: Ten lots is too dense and the number of lots should be reduced overall. Specifically with respect to Cerro Vista Court, our cul-de-sac only has 5 homes on it and the developer proposes to add access to 4 more with a road through our neighborhood. This is a disproportionate impact. The easement proposed to be used for constructing the road from Cerro Vista Court to the Dodge property was never intended to be used for that purpose. Records related to establishment of our subdivision mention only a utility easement to serve the Dodge property. Other historical documents, including the Final Subdivision Public Report make it clear that our subdivision was intended to be a separate entity. The Dodge property was never part of our development and should not become part of it by virtue of a road created by taking land from one of our neighbors. Thank you for considering our comments. Cindy and Philip Shanker 15949 Cerro Vista Court