Item 3 - Exhibit 03 – Town Council Policy Committee July 28, 2020 Planning Staff Report
PREPARED BY: Joel Paulson
Community Development Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
EXHIBIT 3
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE REPORT
MEETING DATE: 7/28/2020
ITEM NO:
DATE: July 24, 2020
TO: Council Policy Committee
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Provide Direction on Potential Modifications to the Hillside
Development Standards and Guidelines Regarding Visibility.
RECOMMENDATION:
Discuss and provide direction on potential modifications to the Hillside Development Standards
and Guidelines (HDS&G) regarding visibility.
BACKGROUND:
On February 2, 2016, the Town Council adopted modifications to Chapter V. of the HDS&G
regarding light reflectivity value (LRV) and returned modifications to Section B. of Chapter II. of
the HDS&G regarding the visibility analysis to staff with direction.
In response to the Council’s direction from February 2, 2016, the Policy Committee held five
meetings on April 20, 2017, May 18, 2017, June 26, 2017, July 20, 2017, and December 14, 2017
to discuss modifications to the visibility analysis.
On December 19, 2017, the Town Council unanimously approved the modifications to Section B.
of Chapter II. of the HDS&G regarding the visibility analysis.
DISCUSSION:
On March 3, 2020, the Town Council considered an appeal of an Architecture and Site application
for the construction of a hillside home that was 24 percent visible. The appeal was based in part
on the appellant’s concern about the inclusion of retaining walls in the elevat ion drawing for the
purposes of the visibility analysis. At this meeting, the Town Council unanimously voted to refer
an evaluation of Section B. of Chapter II. of the HDS&G, regarding the visibility
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SUBJECT: Hillside Development Standards and Guidelines Modifications
DATE: July 24, 2020
DISCUSSION (continued):
analysis to the Policy Committee. Based on the discussion of the Town Council at the meeting,
staff has presented the following topics for the Committee’s discussion.
A. Chapter II. (Constraints Analysis) of the HDS&G
The HDS&G define a visible home as a single-family residence where 24.5 percent or more of
an elevation can be seen from any of the Town’s established viewing areas (Attachment 1).
The HDS&G do not include written guidelines regarding what can be included in an elevation .
An architectural elevation is an orthographic drawing of the exterior of a residence from a
horizontal point of view, wherein an exterior side is projected perpendicularly onto a drawing
plane. Vertical planar surfaces of the exterior that are parallel to the drawing plane retain
their true scale. Vertical planar surfaces of the exterior that are not parallel to the drawing
surface are foreshortened. Depending on the dimensions of the drawing plane, vertical
planar surfaces below the finished floor of the residence but above the grade as it steps down
a slope, such as retaining walls, may be included in the drawing.
Staff is requesting input from the Committee on the following topic related to the visibility
analysis:
1. Should an elevation be defined in the HDS&G, providing written guidelines as to what
elements of an exterior can be included in an elevation for the purposes of the visibility
analysis?
Chapter 9 (Fire Prevention and Protection) of the Town Code
On January 21, 2020, the Town Council adopted amendments to Chapter 9 (Fire Prevention
and Protection) of the Town Code. The amendments require that a defensible space of 100
feet be maintained from each side and from the front and rear of any building or structure,
but not beyond the property line except as provided by law (Attachment 2). In conformance
with Santa Clara County Fire Department Guidelines, the 100 feet of defensible space is
segregated into the following zones (Attachment 3):
• Zone 1: New construction must create a noncombustible area a minimum of five feet
from structures.
• Zone 2: Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet of such buildings or
structures. This includes removing all dead vegetation and dead or dry leaves, trimming
trees regularly to keep branches a minimum of six feet from the grade, tree branches a
minimum of ten feet from other trees, and ten feet away from a chimney.
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SUBJECT: Hillside Development Standards and Guidelines Modifications
DATE: July 24, 2020
DISCUSSION (continued):
• Zone 3: Maintain an additional reduced fuel zone of 70 feet from all buildings and
structures with an emphasis on vertical and horizontal separation of fuels/vegetation. A
distance beyond 70 feet may be required when the Fire Chief or his/her designee,
determines that due to steepness of terrain or other conditions, a distance of 70 feet is
insufficient. This includes creating horizontal and vertical spacing between shrubs and
trees, removing dead plants, tree material, and vegetation adjacent to accessory
structures within the area, and maintaining distances between canopy tops.
Staff is requesting input from the Committee on the following topics related to the visibility
analysis:
1. Should existing trees or branches subject to clearing located within 30 feet (Zone 2) of a
single-family residence not be included in a visibility analysis?
2. Should existing trees or branches subject to clearing located within an additional reduced
fuel zone of 70 feet (Zone 3) of a single-family residence not be included in a visibility
analysis?
Chapter 29 (Tree Protection) of the Town Code
On January 21, 2020, the Town Council adopted amendments to Chapter 29 (Tree Protection)
of the Town Code, which added that the removal or maintenance of an existing tree as
required by Chapter 9 of the Town Code, is exempt and may be removed or severely pruned
without Town approval or issuance of a tree removal permit (Attachment 4):
29.10.0970. Exceptions.
(1) A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty -seven-inch
circumference).
(2) Any of the following trees that are less than twenty-four (24) inches in diameter
(seventy-five (75) inches in circumference):
(1) Black Acacia (Acacia melanoxylon)
(2) Tulip Tree (Liriodendron tulipifera)
(3) Tree of Heaven (Ailanthus altissima)
(4) Blue Gum Eucalyptus (E. globulus)
(5) Red Gum Eucalyptus (E. camaldulensis)
(6) Other Eucalyptus (E. spp.) - Hillsides only
(7) Palm (except Phoenix canariensis)
(8) Privet (Ligustrum lucidum)
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SUBJECT: Hillside Development Standards and Guidelines Modifications
DATE: July 24, 2020
DISCUSSION (continued):
(3) Any removal or maintenance of a tree to conform with the implementation and
maintenance of Defensible Space per Chapter 9 – Fire Prevention and Protection with
the exception of any tree listed in subcategories (3) and (10) of Sec.29.10.0960 – Scope
of Protected Trees.
Staff is requesting input from the Committee on the following topic related to the visibility
analysis:
1. Should all existing trees listed in Section 29.10.0970 of the Town Code that are proposed
to remain as part of an application not be included in a visibility analysis?
B. Chapter III. (Site Planning) of the HDS&G
Based on the amendments made to Chapter 9 (Fire Prevention and Protection) and Chapter 29
(Tree Protection) of the Town Code, the following image on page 29, Section D. (Safety) of the
HDS&G has been modified to be in compliance with the required defensible space zones and
would replace the existing image (Attachment 5).
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SUBJECT: Hillside Development Standards and Guidelines Modifications
DATE: July 24, 2020
DISCUSSION (continued):
C. Chapter IX. (Project Review and Approval Process) of the HDS&G
A single-family home that meets the allowable floor area ratio and is not visible from any
established viewing area may be approved by the Development Review Committee (DRC).
Through completion of a visibility analysis, if a home is determined to be visible, the maximum
allowable height is 18 feet. Currently, review by the Planning Commission is required for a
visible single-family home (Attachment 6).
Staff is requesting input from the Committee on the following topic:
1. Should a visible home that meets the allowable floor area ratio with a maximum height
of 18 feet be allowed to be approved by the DRC?
Staff will be available at the meeting to answer questions and looks forward to receiving direction
on potential modifications to the HDS&G.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office.
Attachments:
1. Chapter II. (Constraints Analysis) of the HDS&G (eight pages)
2. Ordinance 2301 Chapter 9 (Fire Prevention and Protection) of the Town Code (five pages)
3. Town of Los Gatos, 2020, Be Wildfire Ready, <https://www.losgatosca.gov/2581/Be-
Wildfire-Ready> (eight pages)
4. Ordinance 2303, Chapter 29 (Tree Protection) of the Town Code (five pages)
5. Chapter III. (Site Planning) of the HDS&G (ten pages)
6. Chapter IX. (Project Review and Approval Process) of the HDS&G (five pages)
PAGE 6 OF 6
SUBJECT: Hillside Development Standards and Guidelines Modifications
DATE: July 24, 2020