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07 Attachment 6 - September 28, 2020 Planning Commision Verbatim MinutesLOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Melanie Hanssen, Chair Kathryn Janoff, Vice Chair Mary Badame Jeffrey Barnett Kendra Burch Matthew Hudes Reza Tavana Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 6 LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR HANSSEN: Having finished Item 2 we are now ready to move on to Item 3, which is discuss and provide direction on potential modifications to the Hillside Design Standards and Guidelines regarding visibility. In this case the Town is the Applicant, so the Staff Report will be the Applicant's statement as well. It is my understanding that we are to make a recommendation on the proposed language for elevation and then provide direction on trees to be included as well as the deciding body as both of these items had a split vote by the Policy Committee, and I'm hoping staff will explain in a little bit more detail. It was in our Staff Report as well. So, Ms. Shoopman, I understand you are also giving the report for this item? JOCELYN SHOOPMAN: Good evening, I am. In front of you is a consideration of modification to Chapters 2, 3, and 9 of the Hillside Design Standards and Guidelines regarding the visibility analysis as recommended by the Council Policy Committee and forwarded to you for your recommendation to the Council. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Recommendation from the Committee proposes to make the two following changes: 1) define an "elevation" for the purposes of a visibility analysis in Chapter 2; and 2) update an image in Chapter 3 to comply with the amended defensible space zones. The Committee had a split vote regarding the following three potential modifications: 1) Whether existing trees or branches subject to clearing in what's known as zones 2 and 3 should be included in a visibility analysis; 2) whether existing trees that meet the exception as part of Chapter 29 of the Town Code for removal without a permit but are proposed to remain as part of an application should be included in the visibility analysis; and lastly, 3) whether the deciding body for a visible home that meets the allowable floor area ratio and maximum allowable height of 18' should be allowed to be approved by the Development Review Committee as opposed to the current requirement for Planning Commission approval. This concludes Staff's presentation and we are available for any questions. CHAIR HANSSEN: Thank you very much, Ms. Shoopman. Do any Commissioners have questions for Staff? Commissioner Hudes. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: I think I know the answer, but these for consideration by the Planning Commission, are these one monolithic unit or is the Planning Commission able to separate the several changes that are being requested? CHAIR HANSSEN: Commissioner Hudes, it was my intent, and I discussed it with the Vice Chair, to consider these as three separate motions, because it's entirely possible that people would have differing opinions just like Council did on any one of them, so it was my intent to separate it into three different motions. COMMISSIONER HUDES: Okay, thank you. CHAIR HANSSEN: Any other Commissioners have questions for Staff before we move to public comments? All right, seeing none, so we will now move to the Public Comments portion of the hearing. Do we have any members of the public that would like to speak on this item? For anyone that does, we ask you to limit your comments to three minutes and you may choose to state your name and/or your address, or you can speak anonymously knowing that we will be recording this meeting for the public record. So, do we have anyone that wants to speak in Public Comments? JOEL PAULSON: We do. Dr. Weissman has his hand up. I'm going to allow him to speak. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: Okay. DR. DAVID WEISSMAN: Can you hear me now? CHAIR HANSSEN: We can hear you. DR. DAVID WEISSMAN: Thank you. If you find Agenda Item 3 confusing, I completely understand and hope my comments will be helpful. Item 1 on elevation is straightforward and was supported by the Policy Committee. Items 2 through 4 concern what vegetation can count as screening in visibility studies. Now, hillside homeowners generally want to see valley lights. How do I know? Just look at how realtors advertise hillside homes for sale. In contrast, flatlanders prefer to look at tree-covered hillsides and not see lots of nighttime light pollution and daytime reflective window glare. Our Hillside Guidelines have "taken the side" of flatlanders. Native hillside trees are protected trees providing screening and now have deed restrictions against their removal, and if removed those trees must be replaced. Yard lights must shine down, window reflectivity is considered, etc. But in the situation of fire not all trees are equal, hence the basis for my proposed compromise. Both Councilmembers Spector and Jensen agreed that all trees and branches required to be removed by our LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 new 2020 Defensive Space Ordinance shall not count in visibility calculations. Their disagreement related to those trees removed for defensive space. I believe that non-native hillside trees, which in many cases are extremely flammable—think eucalyptus— should be removed in the interest of defensible space and ecological health. These trees should not be counted as providing screening even if the developer says that they will be retained, because when a house is sold, whether it be in one week or ten years, the new owner can then remove the entire tree without permits or replacement. In contrast, native trees such as oaks, which are fire resistant, would be still protected under our Tree Ordinance and should be counted as providing screening. I believe adoption of this dichotomy would address the concerns expressed by both Councilmembers Jensen and Spector, and should you agree to support these changes related to native versus non-native trees, then for consistency the deed restriction clause in the Hillside Standards on page 14, category H, should be amended to only apply to native trees that are protected under Section 29- 10-0970, subcategory 3 of the Tree Protection Ordinance. Thank you. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: Thank you for your comments. Do any Commissioners have questions for Dr. Weissman? Commissioner Hudes. COMMISSIONER HUDES: Thank you, Dr. Weissman, for your comments and also for all the work that you've done on this. Is there any grey area on the trees? Is it very clear as to in your proposal what would be permitted and what wouldn't be permitted to be removed? DR. DAVID WEISSMAN: If one separates native trees like oaks, which are pretty straightforward, from non-native trees, which are in that list, or just non- native trees in general, I think it's pretty clear. I think getting rid of non-native trees, which we have been encouraging in the Tree Protection Ordinance for years because they improve the ecological health, and now in the context of fire preventions it's just frosting on the cake, I think there's a very clear dichotomy there. COMMISSIONER HUDES: Thank you. CHAIR HANSSEN: Any other Commissioners have questions for Dr. Weissman? Okay. Director Paulson, are there any other members of the public that would like to speak on this item? LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: Thank you, Chair. Let me take a look. Would anyone else in the attendees like to speak on this item? I don't see anyone else raising their hand, Chair. CHAIR HANSSEN: Okay. All right, with that in mind we will… I'm going to ask a question of Staff. I don't need to ask the Town Staff to come back up and respond, even though you're the applicant, right? JOEL PAULSON: That's correct. We're just here to answer questions at this point. CHAIR HANSSEN: Okay, so I will close the public portion of the hearing and then we will move to our Commissioner deliberations. This is a time for you to ask any further questions of Staff or make comments or make a motion. The way I'd like to do this is to consider each of the three topics separately, so maybe we could start with the definition of "elevation." If I am recapping this correctly the Policy Committee made a proposed definition of elevation. The proposed language—I had it on page 14 of my packet—is already defined, they did agree on it, so I want to put that out to Commissioners and see if there are any comments or suggestions to modify the language, or if you think that LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that captures what is important for the definition of elevation. Any comments? Vice Chair Janoff. VICE CHAIR JANOFF: Thank you. You know, I agree that what they have needed to be included, but my question has to do with retaining walls maybe at the front or the visible elevation. We looked at some applications recently for hillside development that have pretty massive retaining walls, and now the Town consulting architect is recommending plantings that would screen those retaining walls, but if the applicant doesn't plant anything we still are looking at something that would read from an observer as part of the front elevation or part of the visible elevation. So, my question is whether or not we should include visible retaining walls as part of the definition of elevation? CHAIR HANSSEN: Could I ask Staff, since I assume you were present at the Policy Committee meetings, was this discussed by the Councilmembers that formulated this definition and debate aside to not include retaining walls, or was it not discussed? JOCELYN SHOOPMAN: This was discussed by the Policy Committee at their multiple meetings and the ultimate conclusion was not to include them. In one specific case they were looking at it might give an LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 advantage to an applicant to include retaining walls as opposed to just looking at the building elevation itself and based on that input they chose not to include exterior features, specifically calling out retaining walls. CHAIR HANSSEN: Interesting. Okay. I would have thought it would have been in the opposite. Any other comments on the language by Commissioners? What does the Commission feel about should retaining walls be considered as part of the elevation or should we go with the Policy Committee's direction? Commissioner Burch. COMMISSIONER BURCH: I think we should go with the Policy Committee's recommendation. Perhaps the only comment to that would be that obviously it would maybe matter on what the retaining wall was made of. If it is a natural stone façade or something that would actually blend in with the natural landscape, I think it makes clear sense that it wouldn't be included. If by any chance they were proposing something that didn't (inaudible) landscape perhaps we would look at that differently, however I would assume that Staff would catch that before anything came to us but I would defer to other Commissioners if they felt like we should add a language in there around the materials. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: Through the Chair, I would just add that as Ms. Shoopman said, they had a lot of conversations about this. A member of the public brought it up and said it shouldn't be used over and over and so they ultimately decided not to include it. Again, as Ms. Shoopman said, you have some instances where it potentially helps an applicant from a calculation perspective and then you could have other items, as you're talking about, that actually would hurt the applicant, so they chose to only include the building and so that's what we brought forward as a recommendation. Through a motion if you want them to consider that or consider portions of that, I think that could be added into your motion as direction as this specific item goes forward. CHAIR HANSSEN: Thank you, Director Paulson. Do other Commissioners have comments on the idea about the retaining walls? Commissioner Barnett. COMMISSIONER BARNETT: I may be missing something here, but it seems to me that the definition is intended to tie into the visibility analysis, and from that perspective I would think that walls, decks, and exterior detached structures should all be considered as part of the elevation. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: So, including the retaining walls? COMMISSIONER BARNETT: Correct. CHAIR HANSSEN: Okay. JOEL PAULSON: I guess I would just offer a little more background. The whole reason this came forward was an application on I want to say Santella that came before us and Staff had actually looked at walls and things like that because they can be visible, but in this case I think it turned out that it may have helped the applicant on the visibility analysis and so then that's when the Council sent this item back to Policy Committee for consideration just so that Staff could get clear direction on what we should be counting in the visibility analysis, and this is where we landed. CHAIR HANSSEN: Thank you, Director Paulson. Vice Chair Janoff. VICE CHAIR JANOFF: Just a question of clarification for Staff. I'm trying to figure out how the inclusion would help and I guess what I would say is there's a greater square footage… If you could walk through (inaudible) example I maybe could better understand why the recommendation is going this direction. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOCELYN SHOOPMAN: I wasn't the project manager on this until the application but I can do my best to kind of give a background. I believe in this case it was multiple retaining walls downhill that were included in this visibility analysis so it created a larger square footage amount that the Applicant was working for computing his calculation, and by including that additional square footage of retaining walls that were visible it resulted in the project being under that threshold of 25-percent. CHAIR HANSSEN: Commissioner Hudes. COMMISSIONER HUDES: Thank you. Coming back to Commissioner Burch's question for Staff, how likely is it that we're going to get a retaining wall that isn't a natural compatible material on the hillside applications? And also would there be any existing retaining wall that wouldn't be of that type that would be part of the consideration here? JOCELYN SHOOPMAN: We have seen some more contemporary and modern homes in our hillsides; I believe one was approved on Santella Court actually by the Commission in either 2018 or 2019. It was more of a contemporary style. It did have some concrete walls, although they also had landscaping to soften that material, LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but that was reviewed by the Town's consulting architect with the Hillside Design Guidelines and found to be compliant. As far as you're saying, if there is existing retaining walls whether they can be including in a visibility analysis? COMMISSIONER HUDES: Yes, my comments were strictly about the retaining walls. I remember the recent approval but I'm really talking about the materials that are used on the retaining walls, new and existing. JOCELYN SHOOPMAN: If Staff is completing a visibility analysis today we would be looking at what's visible, so is that the building elevation? Are those existing retaining walls regardless of their material? This is part of the questions of a Commission's consideration is should we still be looking at those visible walls regardless of the material? COMMISSIONER HUDES: If I could just follow up. How likely is it that they will be of a non-natural material? JOCELYN SHOOPMAN: It's a possibility. There are quite a few old structures and retaining walls out there, so I would say that yes, there's a possibility that we could see them. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: I would just add to that, Commissioner Hudes, I mean natural stucco is technically sand, so we see a lot of stucco walls, concrete walls; we see those quite often. Generally how they're treated in the hillside environment is either by screening as mentioned by Vice Chair Janoff, or by color to help them blend in. COMMISSIONER HUDES: Okay, thank you. CHAIR HANSSEN: Vice Chair Janoff. VICE CHAIR JANOFF: I would like to support the addition of language as Commissioner Burch alluded to that if the material of the retaining wall is obvious and visible or non-natural or however you might want to phrase it, then it could be included in the elevation calculation. I'm having a little trouble understanding how it could work. I'm having a little trouble with the numbers on this one but I think there could be instances where you'd have a rather obvious retaining wall, and I'm thinking about that house. I can't remember the street but it's…the lands of pam is all I can remember, but it was that massive house up on a hillside and there were retaining walls and all kind of balustrades and stuff and you're just looking at it, going wow. I can't imagine why we would not want to include in that instance the retaining wall as part of that calculation. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: I think that was Jerrod Lane… VICE CHAIR JANOFF: Yes. JOEL PAULSON: …and actually (inaudible) wasn't visible at all so that wasn't even an issue, because it was low enough in the hillside. But that's the challenge and that's why Staff has historically looked at them. In the instance, just for this example, there was another planner as Ms. Shoopman mentioned, and so we counted all the retaining wall and a lot of the retaining wall was screened by existing vegetation, so that added to their total wall square footage for the calculation, which means technically the house could be more visible or other components could be more visible because they were getting credit for the wall that was screened by vegetation. So, that's where the challenge comes in. It kind of cuts both ways, so that was the challenge. There are always going to be items like that but that's why we were happy that the Council sent it to Policy Committee so you get clear direction. I think it gets to be challenging if we try to take it if it's a wall that's visible then we're going to count it, if it's not visible then we're not going to count it; that gets to be problematic from our perspective looking at that, but whatever the Commission LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wants to put forward as a recommendation to Council, we'll carry that forward for their discussion. VICE CHAIR JANOFF: Just a follow up. Thank you for that clarification; I now understand it's a difference between what's visible and not visible. Given that, I would think the language as proposed is probably fine. I would also expect that the consulting architect would provide the guidance for screening for color modification. CHAIR HANSSEN: Commissioner Hudes. COMMISSIONER HUDES: Yeah, I would agree with Vice Chair Janoff. I think that as it's written it would be a perceptible improvement in the way that we're evaluating elevation. CHAIR HANSSEN: Okay. So, the way that this works is if there are no further comments we could entertain a motion from a member of the Commission and the motion would be to forward a recommendation to Council to approve the language as is, or approve with modifications, or go back to the drawing board; those I think are the three options. I don't think the third option is one we would recommend, so would someone be able to make a motion to either do A or B? Vice Chair Janoff. VICE CHAIR JANOFF: Yes, I'll make a motion to approve the language as is. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: And then Commissioner Hudes had his hand up before Commissioner Badame. COMMISSIONER HUDES: I second the motion. CHAIR HANSSEN: Okay, great. Is there any further discussion by the Commission on this matter? Seeing none, we will do a roll call vote and I will start with Commissioner Badame. COMMISSIONER BADAME: Yes. CHAIR HANSSEN: And then Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Burch. COMMISSIONER BURCH: Yes. CHAIR HANSSEN: Commissioner Hudes. COMMISSIONER HUDES: Yes. CHAIR HANSSEN: Commissioner Barnett. COMMISSIONER BARNETT: No. CHAIR HANSSEN: Okay. And Vice Chair Janoff. VICE CHAIR JANOFF: Yes. CHAIR HANSSEN: And then I vote yes as well, so it passes 6-1 with Commissioner Barnett voting against. Are there any appeal rights for this action by the Commission, Director Paulson? LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: There are not any appeal rights because this is a recommendation, as will be the remainder of these motions. CHAIR HANSSEN: Okay, thank you. All right, so then the second item was about trees and it is whether or not trees that are subject to required clearing by the Fire Department and also trees that don't require a permit to be removed should be included, and there was a split vote by the Policy Committee. Vice Mayor Spector felt that we should be more conservative and remove any of these trees that could be removed without a permit or required by the Fire Department from screening, and I'm interpreting, but the Mayor felt that anybody could ultimately remove any trees so then no one would be able to include them in their analysis. I think I characterized the way that Staff said it, but if I didn't get that right, let us know. We also heard testimony from Dr. Weissman recommending that we should exclude the trees that the Fire Department would require to be removed as well as the non- native trees that aren't protected by the ordinance, and I think that was his recommendation. So, where does the Commission come out on this item? Commissioner Burch and then Commissioner Hudes. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: We had a few discussions on this (inaudible) previously on hillside applications based on our own walking the site, recognizing which trees had been highlighted to be removed as part of the application, and then trying to determine how that actually lines up with the visibility analysis. Ultimately in most of those conversations what we circled back to was that we needed to make sure that in understanding which trees were going to be removed we were doing more of a visibility analysis based on that. What will be the reality? I kind of feel like yes, we need to be including the fact that they won't be there in the visibility analysis as much as we can to our abilities. I know in some instances that's very difficult but in others we've gone back on an application and actually seen that the removal of one or two in the application had a huge impact on how the development would be seen from different viewing points. So yes, I do feel like we should be taking the removal of those trees into consideration. JOEL PAULSON: Through the Chair, I would just like to say that the trees are one in the same but there's really two different components. So, the exceptions. Those are trees that can be removed without any permit. The first one is the zone one, LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two, and three. Zone one, they have to remove; zones two and three, they're not removing all of that vegetation, it's not a clearcutting the forest. It's kind of, I can't remember what the term is, I want to say lean and green or clean and green. They're limbing up trees, they're clearing vegetation that can be a fire ladder, things like that. It's not just cutting down the trees. So, there are two components of this when you're looking at that, and so ultimately I think they split on both of those issues, but we have a code that mirrors state code, which is similar to the fire code, which mirrors state code. I've talked to County Fire. They're not going out to properties and saying we have to do this. You know, we're getting more and more inquiries obviously, given the continuing news every week that's going on, so those provisions are available to property owners, but it's not just to remove all of those trees, it's really to limb up the ones in zones two and three and do some other clearing of vegetation. Then with the ones that are on the exception list, those are trees that people can just remove without a permit regardless. So, just so everyone understands there are kind of two separate but (inaudible) components. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: Thank you for that, because I was a little confused when reading it about how those different things meshed into each other, so thank you. CHAIR HANSSEN: All right, so we really kind of have two tree issues to discuss. I think Vice Chair Janoff and then Commissioner Hudes. VICE CHAIR JANOFF: I just wanted to clarify that what Director Paulson is talking about… I have a list of five items. It's a A, B, C, and D that I was expecting to walk through, not the list of three which were the decisions that I think Chair Hanssen is going through. I think the topic that Chair Hanssen was discussing is Item C, which is the visibility regarding tree removal, and then what Director Paulson is discussing is Item B, the tree clearing that's recommended by the Fire Department, so yeah, we do have two separate items for consideration. CHAIR HANSSEN: I think you have a good point, so maybe we should do a separate motion on each one? VICE CHAIR JANOFF: Yes. CHAIR HANSSEN: To make it clearer, yeah, yeah. Okay, thank you for that clarification, Staff and also Vice Chair Janoff. Commissioner Hudes. COMMISSIONER HUDES: I'm not sure which one it fits into or whatever, but the comments from Dr. Weissman, LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I would be interested in Staff's reaction to that as to whether it makes sense and whether it's feasible to have different conditions for non-native versus native trees, whether they think it's a good idea. JOEL PAULSON: I think as he also mentioned most of these trees in this exception list, which is Item C in the Staff Report, those are all non-native with the exception potentially of three, which is for fire prevention, but I'm not sure if Ms. Shoopman has any additional comments. I think that's a fairly simple distinction as none of the trees in one or two are probably going to be native. JOCELYN SHOOPMAN: I would agree. We can easily separate native from non-native. CHAIR HANSSEN: Commissioner Hudes. COMMISSIONER HUDES: Do you think it's a good idea? JOEL PAULSON: Well, neither of us are arborists and we didn't bring the arborist with us, but I think that might be some good direction should a motion go forward on Item C regarding a distinction between native and non- native, and potentially similarly in… It gets captured in B by C in and of itself, but that might be helpful direction to have them weigh in on, and we can also get some input LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from either one of our consulting arborists or a Town arborist. CHAIR HANSSEN: Vice Chair Janoff. VICE CHAIR JANOFF: I guess I take a little bit different view from Dr. Weissman, and while I completely appreciate where he's going with his thinking with regard to preserving the native trees, and I agree that the native trees need to be discussed for our visibility analysis, the non-natives should absolutely not be required, and here's the reason. It's precisely what Dr. Weissman led with, and that is that people who buy hillside property really want the view and there's no way to get the view unless you cut your trees down, and I'm not aware that there's a follow up that would make anyone accountable to hey, you said you weren't going to cut that tree down even if it's a native. I mean you would like to believe that people would want to preserve the native trees but you can also understand where people say, "You know what? That oak tree is right in the middle of my beautiful view." I just want to show you something quickly. This is my view. I'm looking directly across the valley at Levi's Stadium, and it's a bigger view than that. When we purchased the property there were no trees in our view so we haven't had to made the decision about cutting down LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 trees, but there's got to be a lot of properties out there that say great, we got the permit, we got the house built, cut them down. So, I'm thinking that on a conservative side we shouldn't put any trees that are on the property that are larger than a certain diameter in the visibility analysis. CHAIR HANSSEN: All right, so thank you for your direction on that. Are there other comments? Just to be clear, Vice Chair Janoff did bring up that there are actually three… So, B, C, and D are all on trees, right? Let me just make sure. Yeah, so B was about regarding trees subject to clearing, and then the exceptions for tree removal, and then site planning regarding image update. So, if it's the will of the Commission maybe the best thing to do would be to take each one of these separately, even though we've been discussing all three of them, and see if we can get a motion on this. And again, we're making our recommendation to Council. But let's see if any of the Commissioners have any more comments on the tree analysis. While you guys are still thinking about it I will weigh in. I completely agree with Vice Chair Janoff. I also live in the hillsides and I haven't seen a lot of people cutting down trees because we haven't had a whole lot of LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 building; we don't have available lots in our neighborhood. And after we've heard so many of these hearings in the hillsides I think people are highly incented to improve their view, and so we should take the most conservative view on what could possibly be included in the visibility analysis, because it probably won't be there. So, is there anyone that could make a motion? Vice Chair Janoff, do you feel comfortable making a motion? VICE CHAIR JANOFF: I do, I'm just not entirely sure what my motion would be. I guess the more conservative view is… I can't tell whether it's Vice Mayor Spector's or Mayor Jensen's view, but I would recommend that the language be conservative in that we could expect all non- native trees that are not proposed to be removed could and probably will be removed and they should not be included in the visibility study. With regard to the native trees, I think any tree that is under I think it's the 9" diameter shouldn't be included either because if they can be removed then they probably will be removed. I hope that's clear. CHAIR HANSSEN: I think that's pretty darned clear. Commissioner Burch had her hand up and then Commissioner Tavana. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: I was going to second the motion. COMMISSIONER TAVANA: Same here. I'll second it. CHAIR HANSSEN: Okay. All right, so we'll say Commissioner Tavana seconded it. So, we'll take Vice Chair Janoff's motion on the matter, which was to exclude the trees that were non-native that do not require a permit as well as any of the native that are under the diameter where they wouldn't require a permit for removal as well. Yes? Yes. Is there any further discussion on that? Okay, so then I will go ahead and take the roll call vote and I will start with Commissioner Badame. COMMISSIONER BADAME: Yes. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Burch. COMMISSIONER BURCH: Yes. CHAIR HANSSEN: Commissioner Hudes. COMMISSIONER HUDES: Yes. CHAIR HANSSEN: Commissioner Barnett. COMMISSIONER BARNETT: Yes. CHAIR HANSSEN: Vice Chair Janoff. VICE CHAIR JANOFF: Yes. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: And I vote yes as well, so that passes unanimously. So that's basically one motion that covered… Just to make sure I've got this right though, it covers B, C, and D? VICE CHAIR JANOFF: No, just C. CHAIR HANSSEN: Just C. Okay, right. Okay, so we still need to worry about B and D, right? VICE CHAIR JANOFF: Yeah, and I'm prepared to make a motion on those as well. JOEL PAULSON: Through the Chair I would say your motion on C kind of covers B, because we wouldn't include any of those anyway because they're non-native and it's an additional requirement to not include any natives that are less than a certain diameter, and the zone language is really, again, where they're going to be trimming up vegetation and separating vegetation canopies, so they're going to have to do that anyway, but if you want to make a specific motion on B, that's fine as well. CHAIR HANSSEN: I don't know what you think, Vice Chair Janoff, but I think we're covered on B given what Staff said. VICE CHAIR JANOFF: That's fine. I'm okay with that. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: All right. Then with D I'm trying to remember… VICE CHAIR JANOFF: D is the update on the graphic in the… CHAIR HANSSEN: The graphics, yeah, yeah, okay. So, are there thoughts on that one? What's the Commission's thoughts on the recommendation? Commissioner Barnett. COMMISSIONER BARNETT: I don't see any reason not to update the graphic. CHAIR HANSSEN: I think I agree with that. Other Commissioners have any thoughts on that one? It seems pretty straightforward. Okay, so can we get a motion on that one? Maybe Commissioner Barnett, or Commissioner Burch has her hand up. COMMISSIONER BURCH: I'm just going to make the motion to approve the update of the image. CHAIR HANSSEN: Right. Commissioner Hudes. COMMISSIONER HUDES: I would second the motion and just make a comment that we're balancing the interests of the Town and visibility with safety and wildfire safety, and I think it's always important to err on the side of safety, especially in the environment that we're in, and so I believe all of these are useful changes for that reason LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and I think we need to continue to look at wildfire safety improvements that we can make whenever we can. CHAIR HANSSEN: Well said, Commissioner Hudes. Okay, so we have a motion and we have a second. Any other comments by Commissioners? I'll go ahead with the roll call vote. Commissioner Badame. COMMISSIONER BADAME: Yes. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Burch. COMMISSIONER BURCH: Yes. CHAIR HANSSEN: Commissioner Hudes. COMMISSIONER HUDES: Yes. CHAIR HANSSEN: Commissioner Barnett. COMMISSIONER BARNETT: Yes. CHAIR HANSSEN: Vice Chair Janoff. VICE CHAIR JANOFF: Yes. CHAIR HANSSEN: And I vote yes as well. All right, so we've got A, B, C, D, and so we still have E. So, E is about the project review and if the application is over the visibility requirement of 24.5- percent and they are required in our Hillside Design Guidelines to reduce the height to 18', and so the question LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is whether or not the Development Review Committee could be the deciding body instead of the Planning Commission. If I interpreted the comments from the Policy Committee accurately Vice Mayor Spector said that there could be other issues besides just the visibility that might affect whether it is approvable or not, so she was recommending to keep it with the Planning Commission, and the Mayor felt the other way that we should move it down to the Development Review Committee so that applicants wouldn't have to spend as much money and could get their approvals streamlined. Are there thoughts on that from the Commission? Commissioner Badame. COMMISSIONER BADAME: I would be in favor of keeping the review process within the purview of the Planning Commission rather than the DRC due to other extenuating circumstances that might revolve around the approval or denial. CHAIR HANSSEN: Other comments? Commissioner Hudes. COMMISSIONER HUDES: Yeah, I would agree. I generally believe in streamlining, particularly when it comes to things that relate to the economic vitality of the Town. When it comes to the hillsides I don't think that streamlining in general yields good results and I think LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there were reasons why we enacted the Hillside Design Standards and Guidelines and the decision-making bodies for them, and I think the Planning Commission is more familiar with some of the details of the analysis as well, and so I would be in support of keeping it with the Planning Commission. CHAIR HANSSEN: Thank you. Commissioner Burch. COMMISSIONER BURCH: I want to ask a couple of questions of Staff about it. I would assume if this is being reviewed internally that the application would be needing, as it said, FAR, visibility, height, privacy concerns, the reflectivity of the materials, including any of these updates that we're proposing as far as the visibility around what trees would remain or not. Is that a correct assumption? JOEL PAULSON: I can jump in. Yes, all of those things get analyzed. I think the other is understanding that the Policy Committee, potentially the Planning Commission and the Council, were going to make the modifications we already talked about. That means there are going to be far more homes that are visible, so you're going to have homes that may or may not be visible from a reality when they're built five years, ten years, or they can be visible right away, and so you're going to have a LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lot more homes of that nature that will be paying an additional $4,000 approximately and adding an additional six weeks approximately to their application timing to go to the Planning Commission, but either way. Staff is comfortable either way bringing it forward to the Commission, it's just really something to help, as mentioned, for streamlining for applicants. COMMISSIONER BURCH: May I ask a quick follow up? CHAIR HANSSEN: Go ahead. COMMISSIONER BURCH: Should the application come to DRC and they've checked all the boxes would it potentially be something that you would still though bring to the Commission should there be perhaps a lot of opposition by neighbors or somebody else who felt impacted by the property? JOEL PAULSON: We don't generally have a vote to see how many people like or dislike a project. We're looking at it objectively based on our standards. Obviously DRC is appealable. You're going to be seeing a lot more appeals, and you have seen a lot more appeals, and so we're going to be processing it from that standpoint. If they are a major exception or (inaudible) that after trying to work with applicants and neighbors, because generally what happens is we have the applicant work with the neighbor if LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it's a privacy issue to try to come up with a solution. Seventy-five percent of the time they come up with a solution, 25-percent they don't, and then the process is that someone has to appeal whatever decision that is. So, generally that's the course of action. COMMISSIONER BURCH: That was the answer that I was hoping that you would say, and so based on that I feel like with the conversations that we're having right now and the (inaudible) work that so many people have done in the last few years around really defining what requirements need to be met in the hillsides as far as visibility and materials and so forth(inaudible) setting those type of parameters in place so that Staff… We are streamlining these things and we aren't holding up a potential homeowner additional months and additional fees, a home that theoretically meets all the requirements, and again, based on what Mr. Paulson just stated, if there are issues with potential neighbors they will appeal it and it would come to us, so I feel like all the work that's been happening is to help streamline these processes and make some things in the Town a bit easier for our residents. There are still things in place to make sure that somebody doesn't build a four-story glaringly white home in the hills that's visible from everywhere, so I LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think to me I feel a very safe thing to say is let's continue down that streamlining process. CHAIR HANSSEN: Thank you. Do other Commissioners have comments? Commissioner Barnett. COMMISSIONER BARNETT: Mr. Paulson, how often do you get neighbors appearing at the DRC? JOEL PAULSON: We have neighbors at almost every DRC right now. Obviously we're in a different time so people have a lot more opportunity, because they're already on Zoom all day long so what's one more Zoom meeting? So we have had a lot more participation at DRC meetings. Like said, it gets to be challenging because we're looking at it from a technical perspective and people's views or privacy, those are important issues. We just don't have any objective standards, and if they meet those technical requirements then we try to look for solutions and try to get the applicants to work with adjacent neighbors, but sometimes they just can't come to a compromise, and then again, that's where a project gets appealed. I don't have any objective numbers for you as far as what that looks like, but I'll definitely have Staff look into that over the last six months, how many agenda LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 items have we had and how many folks have participated on any one of those agenda items. COMMISSIONER BARNETT: That's helpful to know. Thank you. CHAIR HANSSEN: Commissioner Hudes. COMMISSIONER HUDES: I'm definitely respectful of the other Commissioners' points, however I don't think that streamlining in the hillsides is a valuable thing for the Town as whole and we have to balance the needs and requirements of the hillside homeowner with the needs and requirements of the Town, and we're not always going to be in a situation where residents can attend DRC meetings, and we've had glitches with notification and other things at times, and our hillsides are finite in terms of what they are and what is built on them. I think that we're really not talking about lengthening the time, we're talking about staying with the existing timeframe, so I don't really think that it's necessarily making it more difficult, I think we're just saying let's stand by what people have put together to protect our hillsides and that includes a hearing process with the Planning Commission, which is I think well equipped to balance the interests of the community and the homeowner. It's hard work and I know the DRC does a very LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 good job as well but I also think that we need additional prudent checks and balances on our hillsides and what gets put on them, and particularly when they are visible we need to really pay attention to that. CHAIR HANSSEN: Commissioner Badame. COMMISSIONER BADAME: I would like to add that hillside homes, they're a greater distance apart so they have a greater propensity to be seen, but for residents not to receive notice, so they wouldn't receive notice to even go to a DRC hearing to possibly object, so I'm still going to stick with Planning Commission purview on this one. CHAIR HANSSEN: Thank you for your comments. I'm going to weigh in and say that with all due respect we have a lot of good things that have happened with the Hillside Design Guidelines but I can think of any number of times where we've had residences that were way more massive than they could be and by changing the flow of their architecture or something like that they could change the dynamics of the visibility as well, and so I think it's not as simple as always just making it 18' and having them comply with the other things. There are often ways that they could redo the design of the house or the situation of the house, and so I feel like in the case where a house is going to be visible we should really be diligent about that LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and so I side with Commissioner Hudes and others on that point. Vice Chair Janoff. VICE CHAIR JANOFF: I just wanted to say that I agree with that. I think the notion that Staff is really limiting their decisions to objective criteria does mean that the more subjective or discretionary realm that a planning commission does have the opportunity to operate with them doesn't get addressed, and so I would be in favor of keeping the process the way it is with these applications coming to the Planning Commission. CHAIR HANSSEN: Thank you. Any other Commissioner want to make a comment on this? If not, I would entertain a motion. Commissioner Badame. COMMISSIONER BADAME: I'll make a motion. I move to forward to Town Council a recommendation to retain project review and approval process with the Planning Commission. CHAIR HANSSEN: For the homes that are visible, right? COMMISSIONER BADAME: Yes, for the homes that are visible. CHAIR HANSSEN: Okay, thank you. Is there a second? Commissioner Hudes had his hand up. COMMISSIONER HUDES: Second. LOS GATOS PLANNING COMMISSION 9/28/2020 Item #3, HDS&G Modifications re: Visibility Analysis 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: And any further discussion? Seeing none, I will go with the roll call vote. Commissioner Badame. COMMISSIONER BADAME: Yes. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Burch. COMMISSIONER BURCH: No. CHAIR HANSSEN: No? Okay. Commissioner Hudes. COMMISSIONER HUDES: Yes. CHAIR HANSSEN: Commissioner Barnett. COMMISSIONER BARNETT: Yes. CHAIR HANSSEN: Vice Chair Janoff. VICE CHAIR JANOFF: Yes. CHAIR HANSSEN: And then I vote yes as well, so it passes 6-1. Are there any appeal rights on this action? It's probably the same as the others, so I'm asking Staff. JOEL PAULSON: I'm talking, I just don't have my mike on. There are no appeal rights for this as it is a recommendation to the Town Council. CHAIR HANSSEN: Okay, thank you very much. This Page Intentionally Left Blank