07 Attachment 4 - September 28, 2020 Planning Commission Staff Report with Exhibits 1 - 12PREPARED BY: JOCELYN SHOOPMAN
Associate 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: 09/28/2020
ITEM NO: 3
DATE: September 18, 2020
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council for Approval of Modifications
to Chapter II. (Constraints Analysis), Chapter III. (Site Planning), and Chapter IX.
(Project Review and Approval Process) of the Hillside Development Standards
and Guidelines Regarding the Visibility Analysis, Town Wide. Applicant: Town of
Los Gatos.
RECOMMENDATION:
Forward a recommendation to the Town Council for approval of modifications to Chapter II.
(Constraints Analysis), Chapter III. (Site Planning), and Chapter IX. (Project Review and Approval
Process) of the Hillside Development Standards and Guidelines (HDS&G) regarding the visibility
analysis.
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with
certainty that there is no possibility that this project will have a significant effect on the
environment.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Exempt, Section 15061(b)(3); and
The modifications to the HDS&G are consistent with the General Plan.
ATTACHMENT 4
PAGE 2 OF 7
SUBJECT: Hillside Development Standards and Guidelines Modifications
DATE: September 18, 2020
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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, 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 approved the modifications to Chapter II. (Constraints
Analysis), Section B. of the HDS&G regarding the visibility analysis.
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 and exterior features of the
home in the elevation drawing for the purposes of the visibility analysis. At this meeting, the
Town Council voted to refer an evaluation of Chapter II. (Constraints Analysis), Section B. of the
HDS&G, regarding the visibility analysis to the Policy Committee.
Modifications to the HDS&G regarding the visibility analysis were forwarded to the Policy
Committee on July 28, 2020. The Policy Committee continued discussion of the modifications to
allow for additional public comment to be provided (Exhibit 2). On August 11, 2020, the Policy
Committee reviewed five items, detailed in the Discussion section of this report regarding the
visibility analysis. After discussion, the Committee recommended approval of modifications to
Chapter II. (Constraints Analysis), Section B. and Chapter III. (Site Planning), Section D. of the
HDS&G. The Committee had a split vote on the remaining items regarding modifications to,
Chapter II. (Constraints Analysis), Section B. related to recent amendments to Chapter 9 (Fire
Prevention and Protection) of the Town Code and Chapter 29, Division 2 (Zoning Regulations) of
the Town Code, and modifications to Chapter IX. (Project Review and Approval Process) regarding
the approval process (Exhibit 4).
DISCUSSION:
Chapter II. (Constraints Analysis), Section B. contains the required steps for completing a
visibility analysis. The Chapter defines 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
(Exhibit 6).
Ordinance 2301 (Exhibit 9) was adopted by the Town Council on January 21, 2020, to amend
Chapter 9 (Fire Prevention and Protection) to 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. Ordinance 2303 (Exhibit 10) was adopted
PAGE 3 OF 7
SUBJECT: Hillside Development Standards and Guidelines Modifications
DATE: September 18, 2020
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DISCUSSION (continued):
by the Town Council on January 21, 2020 to amend Chapter 29, Division 2 (Zoning Regulations)
of the Town Code, to state 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.
Chapter III. (Site Planning), Section D. contains standards and guidelines for incorporating
defensible space into site planning and landscape design. The chapter provides figures to
illustrate the required zones of defensible space that should be maintained around a single-
family residence (Exhibit 7).
Chapter IX. (Project Review and Approval Process), Section B. stipulates the deciding body for a
project depending on a project’s compliance with the HDS&G, the Town Code, and potential
impacts on surrounding properties and the overall community (Exhibit 8).
A. Modifications to Chapter II. (Constraints Analysis) Regarding Elevations
Based on the direction provided by the Policy Committee, staff has prepared a modification
to Chapter II., Section B. of the HDS&G for the Planning Commission’s consideration. The
potential amendment, shown in underline font in Exhibit 6, would make the following
change:
Provide written guidelines as to what elements of an exterior can be included in an
elevation for purposes of the visibility analysis. An elevation would be defined as only
pertaining to the visible building elevations of a home, not including exterior features
such as walls, decks, and detached accessory structures.
B. Modifications to Chapter II. (Constraints Analysis) Regarding Trees Subject to Clearing
Chapter 9 of the Town Code requires 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 (Exhibit 9). In conformance with Santa Clara County
Fire Department Guidelines, the 100 feet of defensible space is segregated into the following
zones (Exhibit 11):
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
PAGE 4 OF 7
SUBJECT: Hillside Development Standards and Guidelines Modifications
DATE: September 18, 2020
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DISCUSSION (continued):
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.
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 requested input from the Policy Committee regarding whether existing trees or
branches subject to clearing in Zone 2 and Zone 3 should be included in a visibility analysis.
The Policy Committee had a split vote regarding this item and requested that the item be
forwarded to the Planning Commission for discussion noting the disagreements of the
Committee (Exhibit 4).
C. Modifications to Chapter II. (Constraints Analysis) Regarding Exceptions for Tree Removal
Chapter 29, Division 2 of the Town Code states that the removal or maintenance of an existing
tree as required by Chapter 9 of the Town Code, is an exception and may be removed or
severely pruned without Town approval or issuance of a tree removal permit (Exhibit 10):
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)
(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.
PAGE 5 OF 7
SUBJECT: Hillside Development Standards and Guidelines Modifications
DATE: September 18, 2020
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DISCUSSION (continued):
Staff requested input from the Policy Committee regarding whether existing trees meeting
the exceptions listed in Section 29.10.0970 of the Town Code that are proposed to remain
as part of an application should be included in a visibility analysis. The Policy Committee
had a split vote regarding this item and requested that the item be forwarded to the
Planning Commission for discussion noting the disagreements of the Committee (Exhibit 4).
D. Modifications to Chapter III. (Site Planning) Regarding Image Update
Based on the direction provided by the Policy Committee, staff has prepared a modification
to Chapter III. of the HDS&G for the Planning Commission’s consideration. The potential
amendment, shown in underline font in Exhibit 7, would make the following change:
Update the image on Page 29, Section D. to be in compliance with the amended
defensible space zones based on the amendments made to Chapter 9 (Fire Prevention
and Protection) and Chapter 29, Division 2 (Tree Protection) of the Town Code.
E. Modifications to Chapter IX. (Project Review and Approval Process) Regarding Approvals
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 regardless of the height (Exhibit 8).
The Policy Committee had a split vote regarding whether a visible home that meets the
allowable floor area ratio and the maximum allowable height of 18 feet should be allowed
to be approved by the DRC, as opposed to the current requirement for Planning
Commission approval. The Committee requested that this item be forwarded to the
Planning Commission for discussion noting the disagreements of the Committee (Exhibit 4).
PUBLIC COMMENTS:
Public comments received by 11:00 a.m., Friday, September 18, 2020 are included as Exhibit 12.
CONCLUSION:
A. Recommendation
Based on the direction of the Town Council Policy Committee, staff recommends that the
Planning Commission review the information included in the staff report and forward a
PAGE 6 OF 7
SUBJECT: Hillside Development Standards and Guidelines Modifications
DATE: September 18, 2020
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CONCLUSION (continued):
recommendation to the Town Council for approval of the modifications to Chapter II.
(Constraints Analysis) and Chapter III. (Site Planning) of the HDS&G, with any additional
modifications to Chapter IX. (Project Review and Approval Process) of the HDS&G. The
Commission should also include any comments or recommended changes in taking the
following actions:
1. Make the required finding that the modifications to the Hillside Development Standards
and Guidelines are consistent with the General Plan (Exhibit 1); and
2. Forward a recommendation to the Town Council for approval of the proposed
modifications to Chapters II, III, and IX of the HDS&G (Exhibits 6 through 8).
B. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Forward a recommendation to the Town Council for denial of the proposed
modifications to Chapters II, III, and IX of the Hillside Development Standards and
Guidelines.
EXHIBITS:
1. Required Findings
2. Town Council Policy Committee July 28, 2020 Minutes
3. Town Council Policy Committee July 28, 2020 Planning Staff Report (with Attachments 1
through 6)
4. Town Council Policy Committee August 11, 2020 Minutes
5. Town Council Policy Committee August 11, 2020 Planning Staff Report (with Attachment 7)
6. Draft Modifications to Chapter II (Constraints Analysis) of the HDS&G
7. Draft Modifications to Chapter III (Site Planning) of the HDS&G
8. Chapter IX (Project Review and Approval Process) of the HDS&G
9. Ordinance 2301 Chapter 9 (Fire Prevention and Protection) of the Town Code
10. Ordinance 2303 Chapter 29, Division 2 (Tree Protection) of the Town Code
11. Town of Los Gatos, 2020, Be Wildfire Ready, <https://www.losgatosca.gov/2581/Be-
Wildfire-Ready>
12. Public comments received by 11:00 a.m., Friday, September 18, 2020
PLANNING COMMISSION – September 23, 2020
REQUIRED FINDINGS FOR:
Consider Modifications to Chapter II. (Constraints Analysis), Chapter III. (Site Planning), and
Chapter IX. (Project Review and Approval Process) of the Hillside Development Standards and
Guidelines.
FINDINGS
Required Findings for CEQA:
It has been determined that there is no possibility that this project will have a significant
impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act, Section 15061 (b)(3).
Required Findings for General Plan:
The proposed modifications to Chapter II. (Constraints Analysis), Chapter III. (Site Planning),
and Chapter IX. (Project Review and Approval Process) of the Hillside Development
Standards and Guidelines are consistent with the General Plan.
EXHIBIT 1
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Intentionally
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EXHIBIT 2
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 8/11/2020
ITEM NO: 1
DRAFT
Minutes of the Town Council Policy Committee Regular Meeting
July 28, 2020
The Town Council Policy Committee of the Town of Los Gatos conducted a regular meeting on
Tuesday, July 28, 2020, at 5:00 p.m. via teleconference.
MEETING CALLED TO ORDER AT 5:00 P.M.
ROLL CALL
Members Present: Marcia Jensen, Barbara Spector.
Staff Present: Laurel Prevetti, Town Manager; Robert Schultz, Town Attorney; Joel Paulson,
Community Development Director; Jennifer Armer, Senior Planner; Jocelyn Shoopman,
Associate Planner; Holly Zappala, Management Analyst.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Draft Minutes of January 28, 2020.
Approved.
VERBAL COMMUNICATIONS
David Weissman
- Commented that Item #2 was placed on the Policy Committee agenda as a result of
comments he had made at a prior Town Council meeting. He requested that when items
are placed on an agenda that have been prompted by a comment from a speaker at a public
meeting that the speaker be given advance notice of the item’s placement on the agenda.
OTHER BUSINESS
2. Discuss and Provide Direction on Potential Modifications to the Hillside Development
Standards and Guidelines Regarding Visibility.
In light of Mr. Weissman’s comment, the Committee requested that this item be continued
to the August Policy Committee meeting to allow sufficient time for review. The Committee
also requested that Mr. Weissman be notified of the date and time of the August meeting
once determined.
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Regular Town Council Policy Committee Meeting of July 28,
2020
DATE: August 11, 2020
3. Discuss and Provide Direction to Staff on Potential Outdoor Lighting Regulation
Modifications.
Jennifer Armer, Senior Planner, presented the staff report.
After discussion, the Committee agreed to forward a recommendation to the Planning
Commission to approve the proposed modifications.
ADJOURNMENT
The meeting adjourned at 5:18 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
July 28, 2020 meeting as approved by the
Town Council Policy Committee.
Holly Zappala, Management Analyst
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 elevation 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
PAGE 2 OF 6
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.
PAGE 3 OF 6
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)
PAGE 4 OF 6
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).
PAGE 5 OF 6
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
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 9/22/2020
ITEM NO: 1
DRAFT
Minutes of the Town Council Policy Committee Special Meeting
August 11, 2020
The Town Council Policy Committee of the Town of Los Gatos conducted a special meeting on
Tuesday, August 11, 2020, at 5:00 p.m. via teleconference.
MEETING CALLED TO ORDER AT 5:00 P.M.
ROLL CALL
Members Present: Marcia Jensen, Barbara Spector.
Staff Present: Laurel Prevetti, Town Manager; Robert Schultz, Town Attorney; Joel Paulson,
Community Development Director; Jocelyn Shoopman, Associate Planner; Holly Zappala,
Management Analyst.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Draft Minutes of July 28, 2020.
Approved.
VERBAL COMMUNICATIONS
Lee Fagot
- Commented that the Town should review its Police services and that it would be beneficial
for the Police Department to contract with professional social service workers and mental
health specialists to work with law enforcement officers in responding to calls regarding
mental health crises. He also supported additional Police training regarding racial and social
issues.
OTHER BUSINESS
2. Discuss and Provide Direction on Potential Modifications to the Hillside Development
Standards and Guidelines Regarding Visibility.
Jocelyn Shoopman, Associate Planner, was available to respond to questions.
EXHIBIT 4
PAGE 2 OF 4
SUBJECT: Draft Minutes of the Regular Town Council Policy Committee Meeting of August
11, 2020
DATE: September 22, 2020
David Weissman
-Commented that when calculating the visibility of a proposed hillside home, exterior structures
such as decks and stairs, should not be included because they would not be visible from valley
floor viewing areas. He said that exterior features should only be included if they are necessary
for the visibility analysis under discussion. Additionally, he added that trees that can be
removed should also not be included in the visibility analysis.
Lee Quintana
-Agreed with David Weissman’s comments and added that the definition of elevation should
use simple language and be easy to understand.
After discussion, the Committee agreed to forward the following items to the Planning
Commission for further discussion and recommendation to Town Council:
1. Elevation. The Committee approved a motion to forward a recommendation for
elevation to be defined as only pertaining to the visible building elevations of the
house, not including any exterior walls or decks and other ancillary structures, for
the purposes of visibility analysis.
2. Trees. The Committee was split and approved a motion to forward the item without
a recommendation, noting the positions of each of the Committee members.
o Vice Mayor Spector recommended that existing trees and branches, subject
to clearing in Zones 2 and 3 and all trees listed in Section 29.10.0970 of the
Town Code that are proposed to remain as part of an application but that
can be removed without a permit and not require a replacement, not be
included in visibility analysis, noting she did not want to expand the
opportunity for visibility with discretionary homeowner actions.
o Mayor Jensen recommended that existing trees and branches that must be
removed due to new mandatory fire prevention standards should not be
included for the purpose of visibility analysis. Any trees that are subject to
removal, but not required for removal, should not fall into that same
category, noting that almost any trees could be removed, in which case no
trees would count as a screen.
3. Deciding Body: Development Review Committee versus Planning Commission. The
Committee was split and approved a motion to forward the item without a
recommendation, noting the positions of each of the Committee members.
o Vice Mayor Spector recommended that visible homes that meet the
allowable floor area ratio with a maximum height of 18 feet go before the
Planning Commission as the deciding body, noting that there may be other
issues that may need consideration by the Planning Commission in addition
to those referenced in the staff report.
o Mayor Jensen recommended that visible homes that meet the allowable
floor area ratio with a maximum height of 18 feet go before the Design
PAGE 3 OF 4
SUBJECT: Draft Minutes of the Regular Town Council Policy Committee Meeting of August
11, 2020
DATE: September 22, 2020
Review Committee as the deciding body, noting that it is a public hearing and
subject to appeal to the Planning Commission, and would reduce the cost to
the applicant.
ADJOURNMENT
The meeting adjourned at 5:28 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
August 11, 2020 meeting as approved by the
Town Council Policy Committee.
Holly Zappala, Management Analyst
PAGE 4 OF 4
SUBJECT: Draft Minutes of the Regular Town Council Policy Committee Meeting of August
11, 2020
DATE: September 22, 2020
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 ● 408-354-6832
www.losgatosca.gov
EXHIBIT 5
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE REPORT
MEETING DATE: 8/11/2020
ITEM NO: 2
DATE: August 6, 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.
REMARKS:
On July 28, 2020, the Council Policy Committee continued this item to allow for public
comments to be provided. Attachment 7 contains public comments received by 11:00 a.m.,
Friday, August 7, 2020.
Attachments:
Previously received with July 28, 2020 Staff Report:
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)
Received with this Staff Report:
7. Public comments received by 11:00 a.m., Friday, August 7, 2020
PAGE 2 OF 2
SUBJECT: Hillside Development Standards and Guidelines Modifications
DATE: July 24, 2020
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
II. CONSTRAINTS ANALYSIS AND
SITE SELECTION
A.Prior to Selecting a Building Site.
1.Constraints analysis.
Each development application subject to the Hillside Development Standards and Guidelines shall
be accompanied by a constraints analysis when it is deemed necessary by the Town to identify
the most appropriate area or areas on the lot for locating buildings given the existing constraints
of the lot. This is a critical step in the overall planning and design of projects in the hillsides.
When all constrained areas have been identified and mapped, the remaining area(s) will be
designated as the “LEAST RESTRICTIVE DEVELOPMENT AREA” (LRDA). These are the areas most
appropriate for development.
To ensure that new development is sensitive to the goal and objectives of the Hillside
Development Standards and Guidelines and respects the existing site constraints, the following
elements shall be mapped by appropriate professionals and taken into consideration when
determining a site’s LRDA:
•Topography, with emphasis on slopes over 30%
•Vegetation such as individual trees, groupings
of trees and shrubs, habitat types
•Drainage courses and riparian corridors
•Septic systems
•Geologic constraints including landslides and
active fault traces
•Wildlife habitats and movement corridors
•Visibility from off site
•Areas of severe fire danger
•Solar orientation and prevailing wind patterns
•Significant Ridgelines
Many of the above topics are covered in more detail in Chapter II.B. and Chapter III. The accurate
determination of the LRDA early in the planning process could avoid delays once an application
has been submitted. Site specific studies such as geotechnical or other environmental evaluations,
tree survey and/or topographic survey may be necessary to accurately determine the LRDA.
Page 12
EXHIBIT 6
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
2. Consultation with Neighbors.
Before siting and designing the house and landscaping, the property owner, architect or builder
should meet with neighbors to discuss any special concerns they might have. Resolution of issues
early in the design process can save time and cost as well as reducing the processing time for
applications. If a conflict occurs between a property owner’s desire to develop their property and
legitimate issues raised by a neighbor, a design solution will be sought that attempts to balance
all issues or concerns that are raised by both parties.
3. Pre-application meeting/staff consultation/site visit.
Before designing a project, the property owner/architect/builder is strongly encouraged to meet
with Town staff to consider a building location that best preserves the natural terrain and
landscape of the lot and positively addresses the objectives of the Hillside Development Standards
and Guidelines. On heavily wooded lots, or on lots where trees may be impacted by proposed
development, an arborist’s report shall be prepared which evaluates potential tree impacts. The
report shall be prepared at the applicant’s expense.
B. Visibility Analysis.
1. Viewing areas.
Each development project with the potential for being visible (see glossary for definition) from
any established viewing area shall be subject to a visibility analysis. (“Potential” is defined as
capable of being seen from a viewing area if trees or large shrubs are removed, significantly
pruned, or impacted by construction.) The visibility analysis shall be conducted in compliance with
established Town procedures using story poles that identify the building envelope. After installing
the story poles, the applicant shall take photographs of the project from appropriate established
viewing areas that clearly show the story poles and/or house and subject property. Visual aids
such as photo simulations or three dimensional illustrations and/or a scale model may be required
when it is deemed necessary to fully understand the impacts of a proposed project.
The following steps shall be taken in completing a visibility analysis:
a. Install story poles per adopted policy.
b. After the installation of story poles, photographs of the project shall be taken from the
applicable viewing areas using 50 MM and 300 MM lenses. Other location(s) as deemed
appropriate by the Community Development Director may be chosen in addition to the
existing viewing areas.
Page 13
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
c. A photograph with a 50 MM lens will represent the visibility of the proposed residence
from the naked eye.
d. A photograph with a 300 MM lens will represent an up-close perspective and help
identify any visible story poles, netting, trees, and/or shrubbery.
e. Existing vegetation and/or landscaping proposed to be removed entirely or partially shall
not be included in the visibility analysis.
f. If determined necessary by the Community Development Director, three dimensional
illustrations or photo simulations of the structure may be required.
g. A visible home is defined as a single-family residence where 24.5% or more of an
elevation can be seen from any of the Town’s established viewing areas, and/or
determined by the Community Development Director. Percentages shall be rounded to
the nearest whole number.
h. An elevation is defined as the visible building elevations of a home, not including
exterior features such as walls, decks, and detached accessory structures.
i. A Deed Restriction shall be required that identifies the on-site trees that were used to
provide screening in the visibility analysis and requires replacement screening pursuant
to the Hillside Development Standards and Guidelines and/or the Tree Protection
Ordinance, if these trees die or are removed.
j. Trees with a poor health rating (less than 50 percent overall condition rating) shall not
be included in the visibility analysis.
k. The Community Development Director shall determine if the use of a third party
consultant is required to peer review an applicant’s visibility analysis.
l. A five-year Maintenance Agreement shall be required for on-site trees that were used to
provide screening in the visibility analysis and requires their preservation.
The locations of the viewing areas are shown on the map on the next page, and are as follows:
1. Blossom Hill Road/Los Gatos Boulevard 2. Los Gatos - Almaden Road/Selinda Way (across from Leigh High School)
3. Hwy 17 overcrossing/Los Gatos - Saratoga Road (Highway 9)
4. Main Street/Bayview Avenue
5. Other location(s) as deemed appropriate by the Community Development Director
Viewing area locations are intended to provide a general vicinity for the visibility analysis and
photo locations. Where there are obstructions (buildings, signs, or foreground vegetation) that
block a clear and unobstructed view of the site, the origination point shall be adjusted in
consultation with staff to the nearest point that provides a clear and unobstructed view by
moving away from the viewing area location along a public road up to 500 feet in any direction.
Page 14
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
2. Visibility Analysis Processing Flow Chart
1 Page 12 and page 56 of the HDS&G http://www.losgatosca.gov/DocumentCenter/View/168 and
http://www.losgatosca.gov/DocumentCenter/View/175
2 Page 63 of the HDS&G http://www.losgatosca.gov/DocumentCenter/View/175
3 Page 13 of the HDS&G http://www.losgatosca.gov/DocumentCenter/View/168
⁴ Division 2 – Tree Protection Ordinance https://library.municode.com/ca/los_gatos/codes/code
_of_ordinances?nodeId=CO_CH29ZORE_ARTIINGE_DIV2TRPR
Page 16
Site Constraints Analysis to
Determine the LRDA of the Site 1
Preparation of Plans
Application and Plans Submitted 2
Visibility Analysis Completed 3 ᵃⁿᵈ ⁴
Visibility Analysis Reviewed by Staff
Staff Reviews Application and Determines if a Detailed
Visibility Analysis is Required. If so, Story Poles or Other
Methods Are Installed
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
2. Determination of significant ridgelines.
Significant ridgelines include:
a. Aztec Ridge; b. The ridge between Blossom Hill Road and Shannon Road;
c. Other ridgelines as determined by the approving body
C. Selecting the building site.
Standards:
1. Locate buildings within the Least Restrictive Development Area.
2. Preserve views of highly visible hillsides. Views of the hillsides shall be protected
from adverse visual impacts by locating buildings on the least visible areas of the LRDA.
3. Reduce visual impact. The visual impact of buildings or portions of buildings that can
be seen from the viewing areas shall be mitigated to the greatest extent reasonable by
reducing the height of the building or moving the structure to another location on the site.
Providing landscape screening is not an alternative to reducing building height or selecting
a less visible site.
4. Ridgeline view protection. Whenever possible within the significant
ridgeline areas, no primary or accessory building shall be constructed
so as to project above the physical ridgeline (not including vegetative
material) as seen from any viewing areas.
If a building cannot be sited below a significant ridgeline because the
area away from it is not the LRDA or is otherwise not suitable for development, the
following shall apply:
a. The building shall not exceed 18 feet in height. b. Landscaping shall be provided to screen the building from view to the greatest extent
possible.
Page 17
Refer to the
Blossom Hill
Comprehensive
Open Space
Study
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Houses do not project above significant ridgeline
5. Preserve natural features. Existing natural features shall be retained to the greatest extent
feasible and integrated into the development project. Site conditions such as existing
topography, drainage courses, rock outcroppings, trees, significant vegetation, wildlife
corridors, and important views will be considered as part of the site analysis and will be used
to evaluate the proposed site design.
6. Avoid hazardous building sites. Building in areas with more than 30 percent slope or areas
containing liquefiable soil with poor bearing capacity, slide potential, fault rupture zones and
other geotechnical or fire hazards shall be avoided unless no alternative building site is
available.
7. Protect riparian corridors. Building sites shall be set back an appropriate distance from
riparian corridors to be determined on a site by site basis. Natural drainage courses should
be preserved in as close to their natural location and appearance as possible.
8. Protect wildlife. Existing wildlife usage of the site and in particular any existing wildlife
corridors shall be identified and avoided to the maximum extent possible.
Guidelines:
1. Solar orientation. Building sites should be selected to take maximum advantage of solar
access.
2. Solar orientation. Building sites should be selected to take maximum advantage of solar
access.
Page 18
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
3. Impact on adjacent properties. Building sites should be located where they will have the
least impact on adjacent properties and respect the privacy, natural ventilation and light, and
views of neighboring homes.
4. Minimize grading. The building site should be located to minimize grading.
Page 19
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
III. SITE PLANNING
The intent of this section is to ensure that new development fits into the
topography with minimum impacts to the site physically and visually.
A. Grading.
A grading permit shall be obtained as required by the Town’s Grading Ordinance. Vegetation
removal may qualify as grading.
Standards:
1. 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.
Table 1
Maximum Graded Cuts and Fills
Site Element Cut* Fill*
House and attached garage 8'** 3'
Accessory Building* 4' 3'
Tennis Court* 4' 3'
Pool* 4'*** 3'
Driveways* 4' 3'
Other (decks, yards) * 4' 3'
* Combined depths of cut plus fill for development other than the main residence shall be limited
to 6 feet. ** Excludes below grade square footage pursuant to Section 29.40.072 of the Town Code.
*** Excludes excavation for pool.
2. Earthwork quantities (grading) shall be categorized as follows:
a. access: driveway, parking and fire turnaround, if applicable
b. house footprint
c. below grade square footage pursuant to Section 29.40.072 of the Town Code
Page 20 EXHIBIT 7
Refer to the
Town’s
Grading Ordinance
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
d. other areas including landscaping, hardscape and outdoor spaces
e. total
3. Buildings shall be located in a manner that minimizes the need for grading and preserves
natural features such as prominent knolls, ridgelines, ravines, natural drainage courses,
vegetation, and wildlife habitats and corridors to the maximum extent possible.
4. Unless specifically approved by the Town, strip grading for the purpose of clearing land
of native vegetation is prohibited except for small areas adjacent to buildings, access
drives, and parking areas.
5. Graded areas shall not be larger than the area of the footprint of the house, plus that area
necessary to accommodate access, guest parking, and turnaround areas.
6. After placing development the site shall be restored as closely as possible to its original
topography.
7. Contour grading techniques shall be used to provide a variety of both slope percentage
and slope direction in a three-dimensional undulating pattern similar to existing, adjacent
terrain. The following concepts shall be utilized:
a. Hard edges left by cut and fill operations shall be given a rounded appearance that
closely resembles the natural contours of the land.
Page 21
Do this Don’t do this
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Rounded edges resemble natural slope
b. Manufactured slopes adjacent to driveways and roadways shall be modulated by
berming, regrading, and landscaping to create visually interesting and natural
appearing streetscapes. However, preservation of trees and elimination of retaining
walls is a priority.
Modulate manufactured slopes to appear natural
Page 22
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HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
c. Where cut and fill conditions are created, slopes shall be varied rather than left at a
constant angle, which creates an unnatural, engineered appearance.
Do this Don’t do this
d. The angle of any graded slope shall be gradually transitioned to the angle of the
natural terrain. Creation of new grades slopes, significantly steeper than local natural
slopes should be minimized.
8. Grading plans shall include provisions for restoration of vegetation on cuts and fills. All
manufactured slopes shall be planted with native, fire-resistant, low water using plantings
to control erosion.
9. An erosion/sedimentation control plan shall be included with all site plans and/or grading
plans. The erosion/sedimentation control plan shall provide interim (during construction)
and ultimate plans for control of erosion and sedimentation or describe in detail why this
is not necessary.
10. Grading shall not occur during the rainy season (October 1 to April 1) unless approved by
the Town Engineer. If grading is planned to occur between October 1 and April 1, interim
provisions for erosion and sedimentation control shall be in place before grading begins.
Page 23
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Guidelines:
1. The creation of permanent flat pads, except for the house footprint and area needed for
access, parking and turnaround, should be avoided
B. Drainage.
Standards:
1. Runoff shall be dispersed within the subject property to the greatest extent feasible.
Runoff concentration that requires larger drainage facilities shall be avoided.
2. Upslope drainage shall not negatively impact downslope development.
3. Natural drainage courses shall be preserved with any native vegetation intact and shall
be enhanced to the extent possible, and shall be incorporated as an integral part of the
site design in order to preserve the natural character of the area.
4. Manmade drainage channels shall receive a naturalizing treatment such as rock and
landscaping so that the structure appears as a natural part of the environment.
Manufactured
drainage courses
shall simulate
natural drainage
courses
Guidelines:
1. Manmade drainage channels should be placed in the least visible locations possible.
2. Lining of natural drainage courses is discouraged.
Page 24
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
3. Dry Stream effects (manufactured drainage courses designed to simulate natural drainage
courses) that move water over the property are preferred over channeling or underground
methods.
C. Driveways and parking.
It is recommended that the Fire Department be consulted early in the design process about water
supply, accessibility and the need for emergency vehicle turnarounds, turnouts, etc.
Standards:
1. Driveways shall be located so as to minimize the need for grading.
2. Driveways shall be paved in compliance with Town standards, and shall be installed prior
to occupancy.
3. When a gated entrance is provided, the gates shall be set back a minimum of 18 feet from
the right-of-way to allow vehicles to pull completely off the roadway while waiting for the
gates to open. Gated entrances serving more than one house may be required to have a
greater setback. Gates should open away from or parallel to the street.
Entrance gates shall
be set back at least
18 feet from the
street
4. Driveways shall have an all-weather surface in compliance with Fire Department weight
loading requirements (40,000 pounds).
5. The maximum slope of a driveway shall not exceed 15 percent unless it can be
demonstrated that a flatter driveway cannot be constructed without excessive grading
(more than 4 feet of cut or 3 feet of fill). Driveway slopes in excess of 15 percent require
approval by the Town Engineer and Santa Clara County Fire Department.
Page 25
See
Chapter VII.B.
Standard 2
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Guidelines:
1. Driveways serving one residence should have a 12-foot minimum width.
2. The maximum length of a driveway should be 300 feet unless the deciding body makes
specific findings for deviation and places additional conditions such as turnouts and
secondary accesses to reduce hazards. A turnaround area shall not have a grade that
exceeds five (5) percent.
3. Driveway approaches should be located a safe distance from intersections. On adjoining
properties, driveways should be spaced a minimum of 20 feet apart or located immediately
adjacent to each other.
4. Shared driveways serving more than one lot are encouraged as a means of reducing
grading and impervious surfaces.
5. Driveways should be located and maintained so as to ensure an adequate line of sight.
D. Safety.
Geologic hazards.
Potential geologic hazards, if not avoided or mitigated, can result in damage to the
environment and structures and can place public safety at risk.
Standards:
1. Site specific geologic engineering investigations and reports are required of qualifying
projects in State of California Seismic Hazard Zones (Liquifaction and Earthquake Induced
Landslide Areas) and in areas believed to be geologically hazardous as determined by the
Director of Community Development and /or Town Engineer. Refer to California Geological
Survey Seismic Hazard Zones Map, Los Gatos Quadrangle, dated September 23, 2002.
2. Construction shall be avoided in areas with geologic hazards (e.g., slope instability, seismic
hazards, etc.) as identified in the site specific geologic investigations and reports, unless
adequate mitigation design measures are proposed to achieve a low level of risk.
Guidelines: None.
Page 26
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Fire hazards.
The hillsides above Los Gatos are areas of high fire hazard. House fires in the hillsides have
the potential to become wildfires if not controlled quickly. A dependable, adequate water
supply, automatic fire sprinklers, access for fire fighting equipment and fast response times
are critical factors in gaining quick control over a structural fire. Factors that affect the speed
at which a wildfire spreads include topography, available fuel, weather (wind, humidity) and
availability of fire fighting resources. Lack of adequate circulation or evacuation routes can
also impact public safety.
Development in the hillsides presents inherent conflicts between creating and maintaining a
fire safe environment, preserving existing vegetation, and minimizing the visual impacts of
new development. These conflicts can be minimized by incorporating the concept of fire
defensible space into site planning and landscape design. The concept of defensible space
involves reducing fuel load, designing structures and landscaping with fire safety in mind, and
locating structures to minimize their exposure to wildfires.
Standards:
1. Building locations shall be selected and structures designed to minimize exposure to
wildfires (also see Chapter V. Section I.).
2. A landscape plan shall be provided and will be reviewed by the Town’s Landscape
Consultant with input from the Fire Department. The landscape plan shall create
defensible space around the home, and if there is a fire ladder on the property it shall be
eliminated in an environmentally sensitive manner.
3. Development shall have adequate fire access (also see Chapter III section C. and Chapter
VII section b.2.).
4. A dependable and adequate water supply for fire protection and suppression purposes,
as required by the Santa Clara County Fire Department, shall be provided for all
properties. If no public hydrant is available, there shall be an on-site water supply in a
storage facility with an appropriate outlet valve in close proximity to an accessible hard
road surface.
5. Water for fire suppression shall be available and labeled before any framing may begin.
6. Above ground water tanks shall not be located in required setback areas.
Page 27
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Guidelines:
1. Development should avoid areas subject to severe fire danger. In order to achieve this,
development should:
a. Be set back from the crest of a hill
b. Not be located at the top of a canyon
c. Not be located on or adjacent to slopes greater than 30%
d. Not be located within densely wooded areas
If this is not possible, measures designed to assure the highest degree of fire prevention,
and fast effective means of evacuation and fire suppression shall be provided.
2. The fuel load within a defensible space should be minimized by use of selective pruning,
thinning and clearing as follows:
Removal of flammable species and debris
Removal of dead, dying or hazardous trees
Mow dead grasses
Removal of dead wood from trees and shrubs
Thin tree crowns (maximum of 25%)
3. Discontinuous fuel sources should be created and maintained within a defensible space
through use of the following techniques (see illustrations on page 27):
Thin vegetation to form discontinuous groupings of trees or shrubs
Limb trees up from the ground
Establish a separation between the lowest branches of a tree and any understory
shrubs.
4. Landscaping within a defensible space should be designed with fire safety in mind.
Landscaping in defensible space should be:
Fire resistant and drought tolerant
Predominantly low growing shrubs and groundcovers (limit shrubs
to 30% coverage)
Limited near foundations (height and density)
5. Above ground tanks should not be located in areas of high visibility unless it can be
demonstrated to the satisfaction of the decision making body that no other feasible
locations are available.
Page 28
Refer to
Appendix
A
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Defensible space
should be
maintained
around the home
Page 29
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Page 66
IX. PROJECT REVIEW AND APPROVAL
PROCESS
A. Architecture and Site Approval
Architecture and site approval is required for all new construction including major additions and
remodels in all areas of the Town shown on the Hillside Area Map on page 8. A subdivision or
Planned Development application is required for any proposed land division.
The flow chart on page 66 outlines the steps an application for architecture and site approval will
go through. The process begins with a meeting with the Community Development Department.
It is highly recommended that applicants considering the design of a new home or remodel of an
existing home discuss their ideas with Town staff before any plans are actually drawn and money
and time are expended on a project that may not be entirely feasible.
An application for architecture and site approval or subdivision shall be accompanied by a written
letter of justification that describes how the proposed project complies with the General Plan,
Hillside Specific Plan and the Hillside Development Standards and Guidelines.
B. Project Approval Authority
Projects may be approved by the Planning Commission, Development Review Committee (DRC),
or Director of Community Development (Director) depending on a project’s potential impact on
surrounding properties and the overall community.
The Planning Commission is the decision making body for projects that have the greatest potential
impact, while the DRC and Director make decisions on projects with less impact, as described in
Subsections below.
EXHIBIT 8
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
The subdivision and architecture and site approval processes are discretionary actions on the
part of all decision making bodies. When reviewing projects, the decision making body may: (1) approve a project without imposing extra or special conditions;
(2) approve a project and add special conditions to reduce the impact(s) of the project to an
acceptable level and/or achieve compliance with these standards and guidelines; or
(3) deny the project by stating specific reasons for its action.
The Director of Community Development may refer an application to the Planning Commission.
The decisions of the Planning Commission, DRC, and Director are final unless appealed. Decisions
of the Director and DRC may be appealed to the Planning Commission and decisions of the
Planning Commission may be appealed to the Town Council. Appeal procedures are outlined in
the Town’s Zoning Regulations.
Page 67
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Architecture and Site Review Process
Page 68
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
1. Projects That May be Approved by the Director of Community
Development
The Director has the authority to review and approve the following types of projects provided
they comply with all development standards and guidelines:
a. Accessory dwelling units pursuant to Section 29.10.320 of the Town Code.
b. Accessory buildings that have a combined gross floor area greater than 450, but less than
600 square feet may be approved with a Minor Residential Application pursuant to Section
29.20.480 of the Town Code.
c. Swimming pools that do not require a grading permit.
2. Projects That May be Approved by the Development Review
Committee
The (DRC) has the authority to review and approve the following types of projects provided
they comply with all development standards and guidelines:
a. New houses that meet the allowable floor area ratio and that are not visible from any
established viewing area.
b. Accessory buildings, that have a combined gross floor area of 600 square feet or more
but do not exceed 1,000 square feet in combined gross floor area.
c. Swimming pools and game courts requiring a grading permit and/or retaining walls.
d. Grading permits.
Page 69
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HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
3. Projects That Require Planning Commission Approval
The Planning Commission has the authority to approve all architecture and site projects that do
not fall within the authority of the DRC and any projects referred to it by the Director. The Planning
Commission approves standard subdivisions and makes recommendations to the Town Council
on Planned Development applications.
C. Application Period of Validity
An approved architecture and site application shall be valid for the period of time specified in the
Town’s Zoning Regulations.
D. Required findings
In addition to the considerations for architecture and site approval provided in the Town’s Zoning
Regulations, the decision making body shall also find that the proposed project meets or exceeds
the objectives and requirements of the Hillside Development Standards and Guidelines and shall
provide supportive evidence to justify making such findings.
E. Exceptions
Exceptions from the standards in this document may only be granted after carefully considering
the constraints of the site. Any deviation from the standards contained in this document shall
include the rationale and evidence to support the deviation. The burden of proof shall be on the
applicant to show that there are compelling reasons for granting the requested deviation.
Major exceptions may only be granted by the Town Council or Planning Commission. Major
exceptions include the following:
a. building height
b. maximum floor area
Page 70
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
ORDINANCE 2301
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 9 (FIRE PREVENTION AND PROTECTION) OF THE TOWN CODE
REGARDING WEED ABATEMENT REGULATIONS
WHEREAS, the Town of Los Gatos; has traditionally adopted Chapter 49 of the California
Fire Code (with amendments) which incorporates the legal requirements associated with State
mandated defensible space;
WHEREAS, the State mandates 100 feet of defensible space around buildings and
structures within Very High Fire Hazard Severity Zones;
WHEREAS, State law allows for jurisdictions to adopt additional defensible space
standards based on severity of wildfire risk;
WHEREAS, the Los Gatos Wildland Urban Interface (WUI) planning area includes
primarily Very High Fire Hazard Severity Zone (VHFHSZ) areas.
WHEREAS, the Town Council recognizes that in addition to the State mandated
requirements the development and maintenance of defensible space is essential to reducing
wildfire risk within the community;
WHEREAS, the proposed amendment changes will reduce the risk of wildfire and
effectuate safer passage for first responders and residents in the event of a wildfire;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION II
CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
Section 4902 Definitions of Town Code Chapter 9 are hereby added/amended to read as
follows:
DEFENSIBLE SPACE. An area around the perimeter of a structure in which vegetation, debris,
and other types of combustible fuels are treated, cleared, or reduced to slow the rate and
intensity of potentially approaching wildfire or fire escaping from structure(s).
REDUCED FUEL ZONE. In this area ofthe defensible space, efforts are placed on ensuring
fuels/vegetation are separated vertically and horizontally depending on the vegetation type.
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EXHIBIT 9
Wildland-Urban Interface Fire Area. A geographical area identified by the state as a " Fire
Hazard Severity Zone" in accordance with the Public Resources Code, Sections 4201
through 4204, and Government Code Sections 51175 through 51189, or other areas
designated by the enforcing agency to be at a significant risk from wildfires. The Wildland-
Urban Interface Fire Area is defined as all areas within the Town of Los Gatos as setforth and
delineated on the map entitled "Wildland-Urban Interface Fire Area" which map and all
notations, references, data, and other information shown thereon are hereby adopted and
made a part of this chapter. The map properly attested, shall be on file in the Office of the
Town Clerk of the Town of LosGatos.
Section 4906.2 Application of Town Code Chapter 9 are hereby amended to read as
follows:
2. Land designated as a Very -high Fire Hazard Severity Zone or as a Wildland Urban Interface
Fire Area by the Town of Los Gatos.
Section 4907.2 Defensible Space Fuel Modification are hereby added to read as follows:
4907.2 Defensible Space Fuel Modification.
Persons owning, leasing, controlling, operating, or maintaining buildings or structures, and/or
lands in, upon, or adjoining the locally adopted Wildland-Urban Interface Fire Area, shall at all
times comply with the following:
1. Maintain defensible space of 100 feet 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. The 100
feet of defensible space should be segregated into the following zones:
a. Maintain an effective defensible space by removing and clearing away
flammable vegetation and other combustible materials from areas within 30
feet of such buildings or structures
Exception: When approved by the Fire Chief or his/her designee, single
specimens of trees, ornamental shrubbery or similar plants used as ground
covers, provided that they do not form a means of rapidly transmitting fire
from the native growth to any structure.
b. 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. Distances beyond an additional 70 feet may be required
when the Fire Chief or his/her designee, determines that due to steepness of
terrain or other conditions, 70 additional feet is insufficient.
Exception: When approved by the Fire Chief or his/her designee grass and other
vegetation located more than 30 feet from buildings or structures and less than
18 inches in height above the ground need not be removed where necessary to
stabilize the soil and prevent erosion.
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Ordinance 2301 February 4, 2020
c. New construction must create a noncombustible area a minimum of 5 feet
from structures.
2. Remove portions of trees, which extend within 10 feet of the outlet of any chimney or
stovepipe.
3. Maintain anytree, shrub, or other plant adjacent to or overhanging any building or
structurefree of dead limbs, branches or other combustible material.
4. Maintain the roof of any structure and roof gutters free of leaves, needles, or other
combustible materials.
5. Maintain defensible space as determined by the Fire Chief or his/her designee around
water tank structures, water supply pumps, and pump houses.
6. Remove flammable vegetation a minimum of 10feet around liquefied petroleum gas
tanks/containers.
7. Firewood and combustible materials shall not be stored in unenclosed spaces beneath
buildings or structures, or on decks or under eaves, canopies or other projections or
overhangs. The storage of firewood and combustible material withinthe defensible
space shall be located a minimum of 30feet from structures and separated from the
crown of trees bya minimum horizontal distance of 15 feet.
Exception: Firewood and combustible materials not for consumption onthe premises
shall be stored as approved bythe Fire Chief or his/her designee.
8. Clear areas within 10feet of fire apparatus access roads and driveways of non- fire -
resistive vegetation growth.
Exception: Single specimens of trees, ornamental vegetative fuels orcultivated ground
cover, such as green grass, ivy, succulents, or similar plants used as ground cover,
provided they donot form a means of readily transmitting fire.
Section 4907.3 Defensible Space Along Property Lines are hereby added to read as
follows:
4907.3 Defensible space along property lines. Pursuant to Government Code Section
51182 and Public Resources Code Section 4291(a)(2):
1. When an occupied building is less than 100 feet from a property line and combustible
vegetation on an adjacent parcel presents a fire hazard for the occupied building as
determined by the Fire Chief or his/her designee then the owner of the adjacent parcel
where the hazard exists shall be responsible for fuel management, including removal to
the satisfaction of the Fire Chief or his/her designee.
Section 4907.4 Corrective Actions are hereby added to read as follows:
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Ordinance 2301 February 4, 2020
4907.4 Corrective actions. When the Fire Chief or his/her designee determines defensible
space to be inadequate the Town Council is authorized to instruct the Fire Chief or his/her
designee to give notice to the owner of the property upon which conditions regulated by
Sections 4907.2 and 4907.3 exist to correct such conditions. If the owner fails to correct
such conditions, the Town Council is authorized to cause the same to be done and make
the expense of such correction a lien upon the property where such conditions exist.
SECTION III
With respect to compliance with the California Environmental Quality Act (CEQA), the
Town Council finds as follows:
A. These Town Code amendments are not subject to review under CEQA
pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no
possibility that the proposed amendment to the Town Code would have significant impact on
the environment; and
B. The proposed Town Code amendments are consistent with the General Plan
and its Elements.
SECTION IV
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidly shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This Town Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION V
Except as expressly modified in this Ordinance, all other sections set forth in the Los
Gatos Town Code shall remain unchanged and shall be in full force and effect.
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Ordinance 2301 February 4, 2020
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 211t day of January 2020 and adopted by the following vote as an ordinance of
the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on 41" day of
February 2020 and becomes effective 30 days after it is adopted.
In lieu of publication of the full text of the ordinance within fifteen (15) days after its
passage a summary of the ordinance may be published at least five (5) days prior to and fifteen
15) days after adoption by the Town Council and a certified copy shall be posted in the office
of the Town Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS
AYES: Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED
i
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS. CALIFORNIA
DATE: of @-0
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ORDINANCE2303
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (TREE PROTECTION) OF THE TOWN CODE
REGARDING WEED ABATEMENT REGULATIONS
WHEREAS, the Town of Los Gatos; recognizes that the community benefits from
preserving the scenic beauty of the Town;
WHEREAS, the Town Council acknowledges that trees provide multiple benefits it also
recognizes that a significant portion of the Town is located in a Very High Fire Hazard Severity
Zone;
WHEREAS, the State mandates 100 feet of defensible space around buildings and
structures within Very High Fire Hazard Severity Zones;
WHEREAS, the Town Council recognizes that the development and maintenance of
defensible space is essential to reducing wildfire risk within the community;
WHEREAS, the proposed amendment changes will reduce the risk of wildfire and
effectuate safer passage for first responders and residents in the event of a wildfire;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION II
DIVISION 2— TREE PROTECTION
Section 29. 10.0950. Intent of Town Code Chapter 29 are hereby amended to read as
follows:
Sec. 29.10.0950. - Intent.
This division is adopted because the Town of Los Gatos is forested by many native and non-
native trees and contains individual trees of great beauty. The community of the Town benefit
from preserving the scenic beauty of the Town, preventing erosion of topsoil, providing
protection against flood hazards and risk of landslides, counteracting pollutants in the air,
maintaining climatic balance, and decreasing wind velocities. It is the intent of this division to
regulate the removal of trees within the Town in order to retain as many trees as possible
consistent with the purpose of this section and the reasonable use of private property. While
trees provide multiple benefits, it is also the intent of this division to acknowledge that a
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Ordinance 2303 February 4, 2020
EXHIBIT 10
portion of the Town is located in a Very High Fire Hazard Severity Zone as defined by the
California Department of Forestry and Fire Protection (CAL FIRE) and the associated wildfire
threat that exists for the community. It is the intent of this division to preserve as many
protected trees as possible throughout the Town through staff review and the development
review process. Special provisions regarding hillsides are included in section 29.10.0987 of this
division in recognition of the unique biological and environmental differences between the
hillside and non -hillside areas of the Town. This section does not supersede the provisions of
Chapter 26 of this Code.
Section 29.10.0955 Definitions of Town Code Chapter 29 are hereby added to read as
follows:
Defensible Space means an area around the perimeter of a structure in which vegetation,
debris, and other types of combustible fuels are treated, cleared, or reduced to slow the rate
and intensity of potentially approaching wildfire or fire escaping from structures.
Section 29.10.0970 Exceptions are hereby amended to read as follows:
The following trees are excepted from the provisions of this division and may be removed
or severely pruned without Town approval or issuance of a tree removal permit:
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)
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.
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Ordinance 2303 February 4,2020
Section 29.10.0992 Required Findings are hereby added to read as follows:
The Director, Director's designee, or deciding body shall approve a protected tree removal
permit, severe pruning permit, or pruning permit for Heritage trees or large protected trees
only after making at least one (1) of the following findings:
1) The tree is dead, severely diseased, decayed or disfigured to such an extent that the
tree is unable to recover or return to a healthy and structurally sound condition.
2) The tree has a tree risk rating of Extreme or High on the ISA Tree Risk Rating Matrix as
set forth in the ISA Tree Risk Assessment Best Management Practices, or successor
publication.
3) The tree is crowding other protected trees to the extent that removal or severe pruning
is necessary to ensure the long-term viability of adjacent and more significant trees.
4) The retention of the tree restricts the economic enjoyment of the property or creates
an unusual hardship for the property owner by severely limiting the use of the property
in a manner not typically experienced by owners of similarly situated properties, and
the applicant has demonstrated to the satisfaction of the Director or deciding body that
there are no reasonable alternatives to preserve the tree.
5) The tree has, or will imminently, interfere with utility services where such interference
cannot be controlled or remedied through reasonable modification, relocation or repair
of the utility service or the pruning of the root or branch structure of the tree; or where
removal or pruning is required by a public utility to comply with California Public Utility
Commission (CPUC) or Federal Energy Regulatory Commission (FERC) rules or
regulations.
6) The tree has caused or may imminently cause significant damage to an existing
structure that cannot be controlled or remedied through reasonable modification of the
root or branch structure of the tree.
7) Except for properties within the hillsides, the retention of the protected tree would
result in reduction of the otherwise -permissible building envelope by more than twenty-
five (25) percent.
8) The removal of the tree is unavoidable due to restricted access to the property.
9) The removal of the tree is necessary to repair a geologic hazard.
10) The removal of the tree and replacement with a more appropriate tree species will
enhance the Town's urban forest.
11) The removal of the tree is necessary to conform with the implementation and
maintenance of Defensible Space per Chapter 9 — Fire Prevention and Protection per
direction by the Fire Chief or his/her designee.
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Ordinance 2303 February 4, 2020
SECTION III
With respect to compliance with the California Environmental Quality Act (CEQA), the
Town Council finds as follows:
A. These Town Code amendments are not subject to review under CEQA
pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no
possibility that the proposed amendment to the Town Code would have significant impact on
the environment; and
B. The proposed Town Code amendments are consistent with the General Plan
and its Elements.
SECTION IV
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidly shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This Town Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION V
Except as expressly modified in this Ordinance, all other sections set forth in the Los
Gatos Town Code shall remain unchanged and shall be in full force and effect.
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Ordinance 2303 February 4, 2020
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 211t day of January 2020 and adopted by the following vote as an ordinance of
the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
the 4th day of February 2020 and becomes effective 30 days after it is adopted.
In lieu of publication of the full text of the ordinance within fifteen (15) days after its
passage a summary of the ordinance may be published at least five (5) days prior to and fifteen
15) days after adoption by the Town Council and a certified copy shall be posted in the office
of the Town Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS
AYES: Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: U: o
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EXHIBIT 11
EXHIBIT 12
To: Planning Commission, meeting of September 23, 2020
Re: HDS&G Modifications
From: Dave Weissman, September 18, 2020
There are 2 loosely connected issues, that relate to visibility, in this agenda item. The
first item relates to defining “elevation” for purposes of calculating visibility of an A&S
application. I ask that the Commissioners read my letter in your packet, sent to the Policy
Committee, and dated 8/6/2020. The Policy Committee voted 2-0 in favor of both defining
elevation in Town codes and limiting elevation to include only the proposed home, not any
accessory elements distinct from the home. I took this same position in my letter.
The second item concerns Fire Prevention and Protection. Now this Town has
demonstrated a unique and consistent interest for the ecological health of our hillsides. For
instance:
The 2004 Hillside Guidelines, page 51, require that all landscaping located “further than
30 feet from the primary residence, shall be indigenous and appropriate for the immediate natural
habitat.”
The 2015 Tree Protection Ordinance revision was amended (Sec. 29.10.0970) to
encourage the removal of non-native hillside trees. Specifically, no permit was needed and no
replacement trees were required. Additionally, for protected trees removed during construction,
Sec. 29.10.0987 requires all trees farther than 30’ from the house be replaced with native trees.
Those trees within 30’ of the house, if native, must also be replaced with native trees.
Then, in 2019, the Town revised how the Visibility Analysis for proposed hillside homes
was to be done. Relevant to our discussion are 2 adopted provisions:
1. Existing vegetation proposed to be removed shall not count as screening.
2. Trees counted as screening shall have a Deed Restriction prohibiting their
removal. If that trees dies, it must be replaced.
Then the Paradise Firestorm arrived and prompted a necessary reevaluation of the
Town’s good intentioned actions of the previous 15 years. We all agree that fire safety must take
precedence.
So, folks can have different opinions as to what constitutes defensible space, but what our
Town Council passed in January, 2020, is very clear: Section 4907.2 says that homeowners
“shall at all times comply with the following” defensible space fuel modifications, and an
extensive list is presented.
EXHIBIT 12
But these new defensible space policies created conflicts with previous Town efforts
aimed at decreasing visibility of hillside homes and protecting the ecological health of the
hillsides. And such conflicts were addressed at the Policy Committee meeting of 8/11/2020. At
that meeting, Mayor Jensen took issue with the word “subject” that staff used in their report,
saying that “subject” means the homeowner has the option of removing or not removing
vegetation. I disagree with Ms. Jensen: the homeowner doesn’t have an option but is required to
comply with specific conditions set forth in Sec. 4907.2. Simply put – a better term than
“subject” to have been used in the staff report, would have been “required.” Homeowners don’t
have a choice here, according to Sec. 4907.2, nor do I believe that they should. Hillside fire
protection is everyone’s business – we must all work together.
So, I recommend the following actions (based on the numbering used in the staff report to the
Policy Committee):
A. Yes on item 1 – elevation should be defined and should only include the actual home, as
was passed 2-0 by the Policy Committee.
B. Yes on items 2 & 3 – existing trees and branches required to be removed for defensible
space by Sec. 4907.2, should not be counted in the visibility analysis.
C. Yes on item 4 – These non-native, and in some cases extremely flammable trees (think
Eucalyptus) should be removed in the interest of defensible space. They should not be
counted as providing screening, even if the builder says that they will be retained,
because when the house is sold, whether it be in 1 week or 10 years, the new owner can
then remove the entire tree without permits or replacement. In contrast, native trees,
which are fire resistant, are still protected under Sec 29.10.0970 (3) and should be
counted as providing screening.
D. The Deed Restriction clause on page 14, h, of the Hillside Standards, should be amended
to only apply to native trees protected under Sec. 29.10.0970 (3).