Loading...
Item 03 - Hillside Development Standards & Guidelines - Staff Report & Exhibits 5-8TOWN OF LOS GATOS ITEM NO: 3 PLANNING COMMISSION STAFF REPORT Meeting Date : December 2 , 2015 PREPARED BY: SUMMARY : RECOMMENDATION: CEQA: FINDING: ACTION: EXHIBITS: Joel S. Paulson, Planning Manager j paul so n@l os gatosca. gov Public hearing to consider adoption of amendments to Chapter II. (Constraints Analysis and Site Selection) and Chapter V. (Architectural Design) of the Hill side Development Standards and Guidelines Forward a recommendation to the Town Council for approval of amendments to Chapter II. and Chapter Y. of the Hillside Development Standards and Guidelines . It has been determined that there is no possibility that this project will have a significant impact on the environment ; therefore, the project i s not subject to the California Environmental Quality Act, Section 15061 (b)(3): Review for exemption. • Find 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): Review for exemption (Exhibit 1). Recommendation to Town Council. Previously received with the September 23, 2015 Staff Report : 1. Required Findings 2. Proposed Amendments -Chapter II. Constraints Analysis and Site Selection (six pages) 3 . Proposed Amendments -Chapter V. Architectural Design (12 pages) 4 . Comments from Dave Weissman (1 0 pages) Received with this Staff Report: 5 . Y erbatim Minutes from the October 21, 20 15 Study Session (90 pages) 6 . Proposed Methodology previously submitted by Dave Weissman and Lee Quintana (four pages) 7. Letter from Lee Quintana submitted at the October 21 , 2015 Study Session (four pages) 8 . Letter from Dave Weissman (five pages) Planning Commission StaffReport-Page 2 Hillside Development Standards and Guidelines Modification November 23,2015 BACKGROUND: On September 23, 2015, the Planning Commission held a public hearing to consider proposed amendments to the Hillside Development Standards and Guidelines (HDS&G) regarding light reflectivity value (LRV) and visibility analysis (link to September 2015 report to the Planning Commission and supporting attachments for Agenda Item 6: http ://losgatos .gran i c us.com /GeneratedAgenda Yiewer.php?view id =5&clip id = 14 52). Following a short discussion and receiving public testimony the Planning Commission continued the matter to a Study Session on October 21, 2015. On October 21,2015, the Planning Commission held a Study Session to discuss amendments to the HDS&G regarding light reflectivity value (LR V) and visibility analysis (link to October 2015 report, Addendum to the Planning Commission report , and supporting attachments for the Study Session: http://losgatoS.6Jfa nicu s.com /GeneratedAgenda Yiewer.php ?view id=5&clip id = 14 61 ). Verbatim minutes for the October 21, 2015 Study Session are included in Exhibit 5 . Following public testimony and Commission discussion regarding the proposed amendments, the matter was continued to a Special Planning Commission meeting on December 2 , 2015. DISCUSSION: The Commission had a number of questions at the Study Session and requested that staff a ddress the questions provide d by Dave Weissman and Lee Quintana in their visibility methodology document. Additionally, the Commission requested additional information regarding the LRV averaging for further discuss ion . Visibility Methodology Staff previously provi ded a proposed methodology for completing view analysis for hillside homes. Exhibit 6 contains additional suggestions for the visibility methodology prepared by Dave Weissman and Lee Quintana. Staff appreciates the thought and time that Dr. Wi essman and Ms. Quintana put into Exhibit 6 and their subsequent correspondence (see Exhibits 7 and 8, respectively). At the meeting, staff is available to answer the Commission 's questions on the various components of the methodology and suggestions provided in Exhibits 6, 7, and 8. As the Commission reviews the suggestions, consideration should be given as to the ability of individual homeowners and their design professionals to complete the methodology. The Commission could forward some or all of the proposed methodology components in Exhibit 6 to Town Council if it is determined to be appropriate. Planning Commission Staff Report-Page 3 Hillside Development Standards and Guidelines Modification November 23,2015 Exhibit 6 also contains the following three additional question s which are followed by staff comments in italics: 1. Is the 25% visibility cutoff too generous? This is the current standard in the HDS&G. If the Commission de cides that this p ercentage should be lowered then that can be included in the Co mmission 's recommendation to Town Council. 2. Should visibility calculations also consider the square footage of the elevation that is visible? The current and staff proposed methodology will use the square footage of elevations that are visible from th e viewing platform(s) to calculate th e visibility as is currently required in the HDS&G. It should be noted that visible homes are limited to a height of I8feet. Therefore, an I8 foot tall home with an elevation that is 100 percent visible would comply with the HDS&G. 3. Should the all important visibili ty calculations be peer reviewed by an outside source who has no potential conflict of interest with the applicant? If the Commission decides that this is appropriate th en that can be included in the Commission's recommendation to Town Council. It should be noted that this type of review has cost implications to applicants and the Town would need to go through a request for qualifications process to select a consultant to provide this service. Staff is also requesting input on the following questions relating to visibility analysis: 1 . Should a note be added to require a deed restriction regarding replacement of the trees used for screening in the visibi lity analysis? 2. Should trees with poor or poor/fair ratings be used for screening in the visibility analysis? 3. Should trees with sparse canopies be used for screening in the visibility analysis? 4. Should visibility analysis be done at a specific time of year? Staff will be available to address additional questions. Staff also wanted to correct a statement that was made at the Study Session regarding replacement requirements for trees that are blown over. The Town Tree Protection Ordinance does not require replacement trees to be planted if a tree is dead or has an Extreme or High Tree Risk Rating. Planning Commission Staff Report -Page 4 Hillside Development Standards and Guidelines Modification November 23, 2015 LRV Staff has pulled the following excerpts from Cannon Design Group 's letter for the Highland 's PO modification to provide some additional general information regarding LRV: "Staff has looked primarily at the wall color in interpre ting this standard. That can be appropriate when homes stand out on valley hills ides, and dra w a great deal of attention to th emselves by virtue of very light colors and substantial exposed vertical wall areas which stand out starkly from th eir natural hillside setting. In other circumstances, that interpretation can lead to some overly s omber home co lors . An LRV of 30 is a relative ly dark value, as shown on the LRV value scale below. Th e scale can be found at th e following link and includes additional information regarding LRV: http://thelando{Co/or. com /lrv-light-r eOectan ce-va lue-o(~pai nt­ co lorsl 0% 10% 20% 30% 50% 60% 70% The Los Gatos standard of 30 LRV is relatively low in my exp eri en ce. I have seen an LRV of 45 included in hillside design guidelines for Santa Clara County and also in a f e w places near Phoenix and Scotts dale w her e the traditional adobe wall co lors fit comfortably with that co lor va lue. Th e homes so far have been carefully designed with identifiable his toric architectural styles with a great d eal of attention to authenticity of detail. Th e colors that wou ld be required by adh erence to a wall color LRV of 30 would, in some cases, work very much against that authenticity. The applicant 's proposal to co nsider th e overall weighted averag ing of the LR V values appears to have merit. Many of th e homes will not be vis ible from areas outside of th e immediate d evel opment neighborhood. In looking at th e col or studies, /find most of th e wall co lors whic h have been modified to be much too dark for good design and for th e ir appropriaten ess to th e individual architectural s tyles of the homes." Staff is also requesting input on the following questions relating to visibility analysis: 1. Is LRV averaging appropriate for hillside homes that are not visible pursuant to the HDS&G? Planning Commission Staff Report -Page 5 Hillside Development Standards and Guidelines Modification November 23, 2015 2 . Should the roof material be included in the LRV averaging calculation? 3. Should there be a maximum LRV for individual exterior materials? 4. Should a maximum LRV apply to windows and trim? Staff will be available to address additional questions. CEQA DETERMINATION : 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)]. CONCLUSION AND RECOMMENDATION: A. Conclusion The draft amendments to Chapter II. and Chapter V. of the HDS&G are recommended to provide add itional clarity to staff, applicants, and the deciding bodies regarding visibility and light reflectivity and determining compliance with the HDS&G. B. Recommendation Staff recommends that the Planning Commission forward the draft amendments to the Town Council with a recommendation for adoption. The Commission should also include any comments or recommended changes to the draft amendments when taking the following actions: 1. Find 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): Review for exemption (Exhibit 1 ); and 2. Forward a recommendation to Town Council for adoption of the amendments to the HDS&G (Exhibits 2 and 3) with modifications, if any. Alternatively, the Commission may take the following action: 1. Continue the matter to a date certain with specific direction. I ~ ...._,/ ~ 't flldad ~W f/2 pproved b y: B epared by: Joel Paulson, AICP Laurel R . Prevetti Planning Commission Staff Report -Page 6 Hill s ide Development Standards and Guidelines Modification November 23, 2015 Planning Manager Town Manager/ Director of Community Development LRP :JSP:c N:\DEV\PC REPORTS\2 0 15\Hill s ide_ LR V _Vis ibi lit y 12-2.doc 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 17 18 19 20 2 1 22 23 24 25 Los Gatos Planning Commissioners: Town Manager: Planning Manager: Town Attorney: Transcribed by: A P P EAR AN C E S: Mary Badame, Vice Chair Charles Erekson Melanie Hanssen D . Michael Kane Tom O'Donnell Joanne Talesfore Laurel Prevetti Joel Paulson Robert Schultz Vicki L. Blandin (510) 337-1558 EXHIBIT 5 LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 1 1 2 P R 0 C E E D I N G S: 3 4 DAVID WEISSMAN : Are these comments to be on any 5 area, or just on the color averaging? 6 VICE CHAIR BADAME: It can be the color averaging 7 and the visibility analysis . 8 9 10 11 1 2 1 3 14 1 5 16 1 7 18 1 9 2 0 2 1 2 2 23 24 2 5 DAVID WEISSMAN: I want to give one example of how any obvious financ ial conflict of interest has affected what Davidon wrote in their letter in y our packet. On page 3, Mr . Abbs discusses Tree 607 as an example of how even a tree with a very sparse canopy-his words-can provide screening. Why select this tree as an example? Because it is a major screening tree for the proposed house on Lot 7 , but I maintain that Tree 607 doesn 't have a sparse canopy , and in fact would get around 60-70% screening credit under Lee Quintana and my proposed methodology. Want a sparse canopy tree? Just look at a major screening tree, Tree 626, seen to the right of labeled Tree 607 i n Davidon 's provided photo. The tree is actually difficult to p ick out , because it 's canopy i s so sparse as to be almost t r anspa r ent . The orange netting in Davidon 's photo is easily seen through Tree 627 e v en during leaf -out. LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 5 16 17 18 19 20 21 22 23 24 2 5 But more importantly, another reason for Davidon to not tout Tree 626 is because the consulting arborist recently downgraded its structural rating and preservation suitability to Fair/Poor because of the fungal wood decay associated with a mechanical injury to its trunk. This fungus could easily kill this tree. I asked Mr. Abbs if he really though t the Planning Commission wouldn 't see through your blatant deception at using Tree 607 as an example. I haven't even menti o ned that Tree 607 also has a large mechanical injury. Mr. Abbs also contends that all oak trees can be assessed for screening at any time of the year. Conveniently, he ignores that the consulting arborist said, regarding Tree 607, that this tree and all deciduous trees on Highlands should be checked during June to better assess their condition. Checking a deciduous tree during the winter may not reveal whether the tree is even alive or dead. But then Mr. Abbs also say s in his letter, on page 2, and I quote , "Da v id on be lieves every tree should be allowed for screening ." Sounds like that includes even dead trees. LOS GATOS PLANNING COMMISSION 10 /21 /2 015 Hillside Development Standards and Guidelines Study Session 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 Mr. Abbs likes to claim how the Highland 's oak trees are not doing well because of the drought, but you are smart enough to have read in just about every one of t h e consulting arborist 's tre e r eport s for each lot that many, many trees have also been impacted by lack of required tree protection fences, resulting in repeated mechanical injuries, excessive pruning, and compactions by heavy equipment and storage of heavy materials under tree canopies. Lastly, Davidon would like for us to believe, as they say on page two, that the life expectancy of a tree in poor condition can be the same as a tree in good condition. Could be, but highly unlikely, according to the consulting arborist who says that poor trees can be expected to decline regardless of management. Clearly Davidon, given their track record, is the last entity that you should listen to when you c onsider how to improve the Hillside Standards . VICE CHAIR BADAME: Thank you, Dr. Weissman. Do any of the Commissioners have any questions f or Dr . Weissman? Commissioner Kane. COMMISSION ER KANE: Dr. Weissman , therefore what? What would we do? LOS GATOS PLANNING COMMISSION 10 /21 /2 015 Hillside Development Standards and Guidelines Study Session 4 1 2 3 4 5 6 7 8 9 10 11 12 1 3 14 15 16 17 18 19 20 2 1 22 23 24 2 5 DAVID WEISSMAN: Lee Quintana and I have provided with you a draft ordinance . COMMISSIONER KANE: And that specifically addresses your concern? DAVID WEISSMAN: That specifically addresses all of my concerns, and the concerns expressed by numerous Planning Commission meetings, the Town Council meeting back in May, and going back to what is expressed in the Hillside Standards. We have tried to be positive. We have tried to be objective. COMMISSIONER KANE: This is page 1 of Exhibit 4, where you give seven references to past meetings? DAVID WEISSMAN: No. COMMISSIONER KANE: Let me rephrase that. On page 1 of Exhibit 4, you make reference to seven different meetings, and I was at some of those meetings as a Planning Commissi o ner and you remember them better than I do . It 's an impressiv e piece of work. Thank you . DAVID WEISSMAN : Thank you . No, I am referring, Commissioner Kane, to the pages that are in your packet. COMMISSIONER KANE: The new one? DAVID WEISSMAN : Yes. LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 5 1 JOEL PAULSON: Just for ref erence , it 's the first 2 four pages of Exhibit 1 for the Study Session Report. 3 COMMISSIONER KANE : I 've got it. Thank you. 4 VICE CHAIR BADAME: Any further questions? Thank 5 you, Dr. Weissman. I will now call Steve Abbs to the 6 podium. 7 STEVE ABBS : Hi , g ood afternoon . I'm Steve Abbs 8 with Davidon Homes . 9 10 I have submitted a letter of correspondence to 11 express our op i nions of (inaudible) methodology. Basically, 1 2 in a nutshell, we actually think the current Hillside 13 Design Guidelines work. I think what staff is proposing as 14 far as amendments to the methodology are good proposals, 15 but I think there is one thing that we need to know, that 1 6 we're here for , is that there may be come clarifications to 17 18 19 20 21 22 23 2 4 25 the interpretations of the Hillside Development Standards and Guidelines , but I don 't think it warrants a full rewrite or changing of the rules of the guidelines. Staff i s very competent . They 're on top o f things. You have a Town Arborist and a Consulting Arborist that are well respected and very knowledgeable . I think the Planning Comm i ssion should listen to what t hey say . They 're LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 6 1 the experts and they should have a lot of say in how these 2 amendments are proposed . 3 Basically this evening I want to make sure that 4 e v erybody keeps focused on that the visibility is standing 5 on the viewing platform viewing with the naked eye. The 6 level of detail in l ooking at Mr . Weissman 's photos , that 's 7 a photo zoomed in from a drone; you 're not going to see the 8 level of detail of seeing leaves, trigs and branches. What 9 10 you are going to see is a massing of a tree canopy from 11 standing on a viewing platform with a naked eye. 12 Screening does occur from these very sparse 13 trees. I 've shown in my lette r t h at i t 's v ery o b v i ous that 14 15 16 17 18 1 9 2 0 2 1 2 2 2 3 2 4 2 5 screening is occurring from the very sparsest trees with very limited foliage. Then also, if you put a house behind those very sparse trees that have an LRV compliant color to them , that earth tone color , you 're n ot go i ng to see anything. Right now you barely see very bright orange netting behind these trees. Another interpretation that I think the Planning Commission should discuss tonight is the fact of using protected oak trees as part of screening. Back in 2009 Mayor Wasserman actually interpreted the Hillside Dev elopment Guidelines to reduce v isibility and visible LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 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 impact b y the use of screen trees. Councilperson McNutt agreed, encouraging that screen trees should be used. The trees that exist out there are in poor condition . In the situation we have on Lot 10, there is one tree that was in fair condition when we started design, it got downgraded to a p oor condition, and based on some suggestions by Mr . Weissman , that tree wouldn 't be able to be used . Now , the q uest i on is why wouldn 't an applicant be able to install a brand new Coast Live Oak tree that would provide immediate screening? When they grow over time, they provide more screening over time. It would be better for the environment. It provides better sustainability to the oak woodland , and it would mitigate the visibility of the houses. It just seems like it 's a win-win for everyone. But t her e 's a misinterpretation of landscape screening that I think the Planning Commission should talk about . VICE CHAIR BADAME: Thank you very much, Mr . Abbs. Commissioner O'Donnell has a question for you . COMMISSIONER O'DONNELL: We 've heard some references to mechanical damage to various and sundry trees, and I realize you were not t he first people to develop this property, so I don't know where these mechanical injuries carne from . Can you tell us a little bit LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 24 25 about what care you used to see that there was no damage to the trees while you were working on it? STEVE ABBS: The trees that Mr. Weissman was referring to on Lot 7 were Trees 607 and 626. We have had no construction activity at all on those lots. Ms. Debbie Ellis is here; she can speak to what she has seen as far as what a mechanical injury to that tree is , but as far as I know , there hasn't been any activity on that lot . Again , Debby Ellis can speak to this, but it could have been a wound from a fallen limb, for all I know. As far as Davidon is concerned, we have not done any construction actually on that lot to do any damage to these trees. The one thing that Mr. Weissman brings up in this picture is that yeah, in my letter I didn 't specifically bring up Tree 626, but the sparseness of Trees 607 and 626 are exactly the same . The purpose of my letter was to clearly identify a very sparse tree and the fact that from a viewing platform it clearly shows a screen of that tree. VICE CHAIR BADAME: Was your question answered? COMMISSIONER O'DONNELL: Yes. VICE CHAIR BADAME: Thank you, Mr. Abbs. Any further questions? Thank you. I will now call Bess Wiersema. LOS GATOS PLANNING COMMISSION 10/2 1 /2015 Hillside Development Standards and Guidelines Study Session 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 17 1 8 19 20 21 22 23 24 25 BESS WIERSEMA: Hi. You guys know me . I 'm Bess , from Studio3. I have a lot o f clients over the past couple of years that we 've bee n bringing to town , and some of the existing house colors are significantly greater in value than the 30 LRV that the Town has been looking at with regard to Hillside Standards, and it poses a problem for most of the projects that we have. I understand from your last study session that you guys hav e considered something in terms of-and I could be wrong on this-if 25% of the house is exposed , then the 30 LRV number stays intact, but if less than that is exposed or screened, then you would consider something other than that. I just wanted to bring to your attention some of the issues with LRV that I have a profess ional problem with, and my clients do as well. My first bullet point, an LRV of 30 or below. Note the house color that is far darker than the a v erage colors used in most homes in the Los Gatos hillside, at least the projects that we are seeing, except those reflective of an antiquated Mountain or old Tahoe type LOS GATOS PLANNING COMMISSION 1 0/21 /20 15 Hillside Development Standards and Guidelines Study Session 10 1 sty le. I brought some LRV color chips I 'll show you in a 2 3 4 5 6 7 8 9 1 0 1 1 12 13 1 4 1 5 16 1 7 18 19 20 2 1 22 23 24 25 second, if I have time . An LRV of 3 0 o r below i s inc onsistent with certain archi tectur al sty les, suc h as Spanish o r Mediterranean, as we ll as a lot o f the Craftsmans. I just think it creates kind of a bastardized character from an architec tural s tandpo int . These are sty les that are often used in hillside, because their r oo f pitc hes are l o wer, s o to have to do something that has a co l or that 's inconsistent with that type of home is often a problem . I also think that the imposition of LRV of 30 or below c reates inconsistent c haracter in neighborho ods, mostly where we 're doing remodels or sign ificant additions . Most homes in neighborhoods are significant ly greater than that i n the number. An LRV of 30 or below is in d i rect c onfli ct with the design guidelines, even Section 1 of the hillside spec ific o n e where it say s number three, compatible with the surrounding neighborhood and respectful of neighbors. A lot of the houses, e v en most recently one that you guys saw here on Forrester Road , all of tho se houses hav e an LRV sitting at 4 0 or above , and often grea t e r than that . LOS GATOS PLANNING COMMISSI ON 10 /2 1 /2015 Hillside Development Standards and Guidelines S tudy Sessio n 11 1 My thoughts on how to make this concept work as 2 intended is to consider an LRV of greater than 30 on a 3 project-by-project basis that is in keeping with the 4 neighborhood a verage LRV so t hat a newer project doesn 't 5 stand out as a sore thumb. Consider an LRV of greater than 6 30 if it is true to the architectural style, and theref o re 7 provides further integrity of the overall design. Consider 8 a blended LRV concept for the whole building, and consider 9 10 the use of further guidelines, suc h as if the project can 11 be seen from viewing platforms, reduced LRV , matching the 1 2 LRV quotient to the immediate neighborhood a v erage, and 13 addressing materials as part of that color. 14 VICE CHAIR BADAME : Thank you, Ms . Wiersema. I 15 have questions. Commissioner Hanssen had her hand up first. 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: I understood all your comments, but the proposal that is in the drafted text is to incorporate LRV averaging, so do you have additional issues with the idea of t he LRV averaging? I understand all of the points, but I think that was the whole reason that the Town Council wanted to go forward with LRV a v eraging for the houses that were less than 25 % visibl e . BESS WIERSEMA: But it 's an average of what? LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Sessi~n 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 2 5 COMMISSIONER HANSSEN : That 's one of my questions that I would ask of S t aff, but the concept, I mean what issues d o you have with the concept? Because all o f your comments that you just made were relative t o ... BESS WIERSEMA: I think t he number is important. We did a quick analysis of just everyone 's houses , even for you guys sitting up here, and I think Commissioner O'Donnell was the only one that hit the number ; I know he 's not in a hillside. But I think understanding what t he number is and how the average is taken, is it volume surface area as v isible from the street out of the 25%, just definition around that, because 30 is a pretty heavy-duty number to hit, and very inconsistent with most of our existing neighborhoods. COMMISSIONER HANSSEN: A follow up question on that is that you had mentioned color chips. I actually did some research on my own and I looked at what LRV v alues are on the scale, and it occurred to me that especially if you were doing gray colors, obvious l y the lowest LRV is black and we don 't really wan t black houses in the hillsides . So I wondered if there is a way to put some different LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 13 1 boundaries or definitions aro und it to make it what we 2 want ? 3 BESS WIERSEMA: With regard to color chips, I 4 jus t qui c kly too k a pan o f people are beige t o nes, gree n 5 tones, and gray tones. They look purple up here, but 6 they 're (inaudible). 7 COMMISSIONER HANSSE N: I can 't tell what the LRV 8 is. 9 BESS WIERSEMA : The o nes with the Post-Its on it 10 are where y ou hav e 11 to get to on a r egular a v erage co lor to 1 2 hit at an LRV 3 0 . 1 3 COMMISSIONER HANSSEN : So anything that's lighter 1 4 than that is ... 1 5 1 6 1 7 18 19 20 21 22 23 24 25 BESS WIERSEMA : Anything that 's to the right of that wo uld n o t quali f y for the LRV. Yo u h ave t o get a significantly dark h o me. COMMISSIONER HANS S EN: Just my observ atio n in the case of the blacks and the blues that 's the case , I think that 's blue , or it 's gray , but as you kind of moved over they 're not quite as dark , and that 's the thing I was looking f o r; that 's very helpful to get an idea. VICE CHAIR BADAME : Commissioner O'Donnell. LOS GAT OS PLANNING CO MMISSI ON 1 0/2 1 /2 015 Hillside Dev elopment Standards a nd Guidelines Study Session 14 1 2 3 4 5 6 7 8 9 1 0 11 1 2 13 14 15 1 6 1 7 18 1 9 2 0 21 22 2 3 24 2 5 COMMISSIONER O'DONNELL: That was very helpful. I'm just curious though , I find it hard to deal with this on statutory basis or guideline basis, but we in the past have had sort of a maximum. We said not above 30 under certain c onditions , whatev er. Do y ou believ e the use of a maximum at all is helpful? BESS WIERSEMA : I think that it could be, unless there is a neighborhood definition as part of that character of the neighborhood. If you can prove that the average LRV of a neighborhood is , say ... I think we had it in here . An average LRV of the neighborhood that you guys most recently saw on Forrester was 17 .4 for our immediate neighborhood. Sorry, I have the wrong number. I think a maximum number could be used, but I think 30 is too tight. COMMISSIONER O'DONNELL: The reason I ask you is having sat here for a number of years , we don 't take responsibility for what happened before we got here, so the fact that we might think what got there before we did was something we don 't agree with , I guess we 'd like t o kind o f move on and may be not do it the same way. On the other ha n d , I hear what you 're sayi ng and I think it makes sense , but we 're going to have to wrestle LOS GATOS PLANNING COMMISSION 10 /21 /2 015 Hillside Development Standards and Guidelines Study Session 15 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 1 6 17 1 8 1 9 20 21 22 2 3 2 4 2 5 with that. So we say there was some simplicity in what was suggested before; t hat doesn 't make it right. But I do think if we had a shall not exceed or some kind of number, it would be helpful. I heard you earlier throw out 40%, but I don't like this thing that sa y s i f t he y ma de a lot of mist akes in t he past , we 'll just use that as our baseline, and that i s what you 're saying . So let 's talk about not that . BESS WIERSEMA: Right. COMMISSIONER O'DONNELL: Do you have some other help? BESS WIERSEMA: If you could take y o ur immediate neighborhood and have an average LRV of what those homes were in the neighborhood so that you could fit into them, and you were within a certain percent of that, or whether you want to call that average the current max, o r a median number , I think that that 's something that 's worth looking at . That way you don 't end up with the black h o le h o use in the middle of t he neighborhood that 's all light tan and taupe and white. COMMISSIONER O'DONNELL: So your view of the hillsides is we have different blotches up there because LOS GATOS PLANNING COMMISSION 10 /2 1 /20 1 5 Hillside Development Standards and Guidelines Study Sess ion 1 6 1 2 3 4 5 6 7 8 9 10 11 1 2 1 3 14 15 16 17 18 19 20 2 1 22 23 24 25 neighborhoods are different? Average each neighborhood and you 're going to get a different number . BESS WIERSEMA: I think neighborhoods are different, and I think architectural styles often call for a different color palette as well. COMMISSIONER O'DONNELL: Thank you. VICE CHAIR BADAME: Any further questions? Commissioner Erekson. COMMISSIONER EREKSON: Should we think about the roof reflective v alue different from the body of the house, as opposed to looking at the total house and roof with a single reflective v alue? Should we separate those two, and what would the design implications be of doing that? BESS WIERSEMA : I think that 's worth considering . I also think it should be careful to not just use language like on a metal roof that it needs to be an anodized metal roof. There are many metal roofs; in fact the ones that you guys generally like better are not the ones that are anodized, but that have a metallic undertone that are the ones that have essentially the enamel process put on them. It alarms me when I see specific language assigned specific materials without having an understanding of what those materials are that are current on the market LOS GATOS PLANNING COMMISSION 1 0/21/2015 Hillside Development Standards and Guidelines Study Session 17 1 for residential projects right now. So I think some 2 understanding of, yes, roofing could have a different LRV 3 quotient , so it 's not a big reflective roof, then the 4 fa9ade of the house I think is a great way to look at it. 5 I also think materials are important. A super 6 smooth stucco is going to look very different than a 7 singled house, just be c ause of shadow and texture that 's 8 added , but we 're required to give t h e LRV that 's on the 9 10 color chip no matter what. 1 1 I think there are a lot of things that have to be 12 taken into consideration, and not just a flat number. 13 VICE CHAIR BADAME: Thank you for your comments . 14 Any further questions? Thank you. Next up, Angelia Doerner. 15 16 17 18 19 20 21 22 23 2 4 25 ANGELIA DOERNER : He llo , I 'm Angelia Do erner, a very proud resident of the Almond Grove. I 'm here becaus e thi s is maybe going t o throw a little wrench into something, or at least I think warrants some consideration at this workshop, is page three of the Staff Report referring specifically to Items 3-5, with rooftop colors, metal surfaces, and mirror like window tinting. When I was here last time about Assembly Bill 2188 concerning new provi sions about rooftop solar systems , LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 18 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 1 6 17 18 19 20 21 22 23 24 25 I started thinking-and I can already hear some oh darns over there-but I started thinking about how this applies to our hillside homes and how y o u 're going to be dealing with allowing or approving or determining whether some of these rooftop solar systems could be causing signiticant issues or contradictions with what we have in our Hillside Standards. Specifically what I think could be c onsidered is that cited in Section 3, paragraph 65850.5(b) in Assembly Bill 2188. They do give the authority to the Town to address or apply for a use permit if they can prov e that there 's a specific adverse impact upon the public health and safety of the Town , and what I 'm con cerned about is rooftop systems. You guy s do a great job, you put up. this wonderful color that merges with the hillside and t he env ironment . Someone puts up a solar system that provides a glare directl y down Highway 17 with the brightest sun and blinding drivers . There 's always discussion here about the lights and the windows and how that 's going to be shining at night and be visible. What about visibility during the day wi th solar s y stems all over the roofs? LOS GATOS PLANNING COMMISSION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 19 1 2 3 4 5 6 7 8 9 1 0 11 1 2 13 14 15 16 17 18 19 2 0 21 22 23 24 25 I 'm just throwing this out as something that I think could be considered, or should be at least thought about, and using that particular reference in the bill to see if there 's some way around the bui ld ing p ermit process that you can take a harder look from these same viewing platforms and the same other things that you 're talking about now to make sure that those kinds of public safety issues aren 't encountered. VICE CHAIR BADAME: Do we hav e any questions for Ms . Doerner ? Seeing none, thank y ou for your comments . I will now call Mr . Harris to the podium. SANDY HARRIS: My name is Sandy Harris and I 'm here in regard to the home on Drysdale. I know we have a color code associated with the hillsides, which I agree with completely, because when you look at the hillside and you hav e street signs up there where people painted their houses white and v ery reflectiv e colors, I think it brings down the integrity of our hillsides . But wha t I 'm not sure of is t hat same app l ication a p plied t o houses that aren 't visible , they 're down low enough where nobody can actually see them. It appears as though that same regulation, because of that purpose, is being implemented on houses that can never be seen by LOS GATOS PLANNING COMMISSION 10 /2 1 /2 015 Hillside Development Standards and Guidelines Study Session 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 anybody other than the people who live on the specific street that they 're one , or it's on a street that nobody would e v er go to unl e ss you did live there type thing, and it 's not a thoroughfare t o go anywhere . But I just want to see if there is possible consideration that could be given for houses in that regard as far as trying t o hold them to the wire on the 3 0 LRV . I know why that was implemented to start with, which is agreeable and I think I 'm very , very happy they did that , because if they had put that into effect many years ago we wouldn 't be looking at all those bright houses up on the hillside. But if there is possible consideration that could be given for houses that are visible only to the people who live on the street that they 're on , I would appreciate some sort of consideration like that , if it 's possible that you guys would think about that. VICE CHAIR BADAME: Anything further ? You still hav e time left. Commissioner Erekson has a question for you. COMMISSIONER EREKSON: T rying to understand what you 're proposing to us. Are you proposing a Town-wide standard of a certain maximum reflective v alue, or for al l LOS GATOS PLANNING COMMISSION 10 /21/20 15 Hillside De v elopment Standards and Guidelines Study Sessio n 21 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 1 6 17 1 8 19 20 21 22 23 2 4 25 the homes whether they 're visible or not visible in the hillsides? SANDY HARRIS: No, all the homes that are visible in the hillside shouldn 't be reflected . They shouldn 't be something that you have to look at that house all the time, because you can 't help it , it 's ref l ecting back at you and demonstrating to you that it 's there . But I 'm suggesting if you have a house that is not visible from anywhere, and it 's not up in the hillsides, and the only way s o meone i s ever going to see it is if the y drive up your street to go to y our home or go t o your neighbor 's home , because it 's not a thoro ughfare g o ing anywhere, I 'm just wondering if there 's consideration that can be given for that situation . I kno w what the guideline was put in place for , b e cause o f all the street signs we hav e all over the mountains with peo ple painting the houses colo rs that weren't nature 's true colors . And I 'm not saying someone going to paint a house pink or white or whatever , but I 'm just say ing that 3 0 is hard to find a color that really fits some designs and architecture of houses . And if it 's not in an area where it 's not visible and n obody can see LOS GAT OS PLANNING COMMISSION 10 /2 1 /2 0 15 Hillside Developmen t Standards and Guidelines Study Session is 2 2 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 17 18 19 20 2 1 22 23 24 25 it , I 'm asking if there 's a possibly there could be consideration given to that specific type of a case . VICE CHAIR BADAME : Commissioner Kane. COMMISSIONER KANE: Mr. Harris, you and I go way back . SANDY HARRIS: Yes, sir . COMMISSIONER KANE: So I'm going to take little liberty . What I 'm hearing is if a tree falls in the forest and no one is there , will it make any noise? If I 'm going up in the hillsides, why would I want a pink and blue and o range house? You just said well I 'm sure nobody would wa nt to paint it that way, but if we lower the standard we get a pink and blue and or a nge house , possibly . Why wouldn 't I want to have the hillsides continually rustic and respectful of e v erything the Hillside Guidelines provide? It 's not a rhetorical question , it 's like really , why would I want that? SANDY HARRIS: Okay, you asked me a question. If I would take you around the various areas that are considered hillsides in the Town of Los Gatos ... COMMISSIONER KANE: And you have. SANDY HARRIS: Yes. There are lots of areas in the Town of Los Gatos that you 're never going to have to LOS GATOS PLANNING COMMIS SION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 23 1 2 3 4 5 6 7 8 9 1 0 11 1 2 1 3 14 15 1 6 1 7 1 8 19 20 2 1 22 23 2 4 2 5 take a look at unless you know someone there and you 're going to their specific house, and those houses, most of them are fairly consistent with each other color-wise. There 's this n ew standard put in to where it has to be 30 or below, which the house, I don't know if you 've seen many 30 or belows, but there are not a lot of colors you can really pi c k i n t h at are n a and have a house that 's conducive to certain architecture styles or whateve r, because it 's so dark . I can understand having some regulation in plac e that affect s o u r community , because that 's what we 're about is our community, but not isolating someone that it doesn 't affect anybody else other than the people who l i v e on the street and the people, if they are happy with the color, and nobody else c a n see it , and it 's not a major thoroughfare of any kind where you can 't go anywhere other tha n to those people 's houses , I 'm just saying it would be nice if there was some sort of an exc eptio n f o r that specific case . VICE CHAIR BADAME: Anything further, Commissioner Kane? COMMISSIONER KANE: No, thank y ou. VICE CHAIR BADAME: Thank you. I will n o w call Dennis Razzari to the podium. LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 24 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 1 7 18 19 20 2 1 22 2 3 24 25 DENNIS RAZZARI: Madam Chair, Members of the Comm ission , I 'm Dennis Razzari , Davidon Homes . I wanted to touch briefly on the tree issue as well, as I may be able to add some insight for you, if time allows or you want to bring me back, regarding t he color average , because that 's what we did do also up at the Highlands project and maybe why this item is before you again tonight. But with regard to the trees, the Hillside Development Standards and Guidelines were adopted in January 2004 . For almost 12 y ears now t hey 've served pretty effectively for the Town, and recently with our project it seems like a lot of attention has been drawn to them . It 's been drawn to them because of some of the ambiguity of some of the language. However, what Dr . Weissman has recommended this e v ening as far as revising the language for them I think further introduces more ambiguity into how those guidelines are interpreted. I think Staff has done a phenomenal job with the addition of the language. As Mr. Abbs indicated also, the v isibility fro m the viewing platforms at the distances that are involv ed , and the use of a 500mm lens and a 3 00mm lens is more than LOS GATOS PLANNING COMMISSION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 25 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 1 6 17 1 8 1 9 2 0 2 1 22 23 2 4 25 adequate in determining how visible those homes .are, or the product is. To take it to a v antage point introduces ambiguity as to where is the vantage point? We 've had enough discussion and argument over the viewing platforms, let alone now determining where the vantage points are from which you 're going to view this project . Davidon has spent literally tens of thousands of dollars on the four homes that we recently had before you, and for a private party on a single -family to come in and do that and then we challenged as to that 's not the correct vantage point , that 's not the correct viewing platform, and to move it around , it 's a very tedious and onerous task , and an expensive task, for a private party to endure. So I would caution you on that, because I think you need to welcome your applicants into the Town, not just developers. Maybe not developers at all, if you choose, but your owners that are building custom homes or homes in the hillside, you want to be able to work with them and have a language and statute that is interpreted, clear, defined, and I think that that was the intent of what this study session was to do, to get language that is not ambiguous. To take trees and evaluate them as to whether their health is good, poor or great is an interpretation LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 26 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that should be left to the consulting arborist. To then take that tree and say it's only worth 60% value because of its character I think adds more ambiguity into it . To take a c alculation around it where for 12 years it sufficed at 25%, and now introduce an average where 25% is now going to be brought down to 24.5%, is again, a change that is not necessary . It has worked, and with the clarity that Staff has recommended, I think it works very well. I think what Staff has recommended is appropriate language to be adopted . Thank you. VICE CHAIR BADAME: Thank you . Questions? Commissioner Kane. COMMISSIONER KANE: For you and Mr. Abbs, I was there when we developed this language; at least I think I was. I remember the sixties, so I can remember that. I had an issue with the priority of foliage, that there was a primary set of standards for houses in the hills, as secondary and then tertiary considerations. I don't know if the Commission or even the Town Council at that time agreed or supported the notion that I had that a tree could be a fleeting thing, bushes, fol iage could be a fleeting thing, and that it was an amelioration, a tertiary LOS GATOS PLANNING COMMISSION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 27 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 15 16 17 18 19 2 0 2 1 22 23 24 25 consideration to bring in trees as really permanently a f fecting the 24.5 -25%. I was thinking when you spoke earlier, Mr . Abbs, the question is-I hav e to ask y ou questions-do you know if there 's a law requ i ring a homeowner to put up a giant oa k tree that just fell down due to natural causes, which oak t r ee blocked 50 % of the house? Now what do we do? So that 's how I assigned a tertiary consideration to trees when ta lking about visibility. I 've been here for 30 -s o me t hing years , and it doesn 't look like it u s ed to look. May be the trees all fell down and we need language say ing you have t o put up an exact replica , which wouldn 't be very practical . But t hat 's a question . When you give emphasis to foliage hav ing to do with visibility , that 's in the hands o f God , that 's tempo rarily . It c ould be o v ernight; it c o uld b e 50 years. But what if it all falls down and I can see the white house with a 50 LRV fr o m 2 0 miles a wa y . DENNI S RAZZARI: I don't kno w tha t there is any law within the Town 's statutes that requires a tree to be replaced. I can tell you that in the brief period o f time that Davidon has owned the Highlands property, we have seen a number of rated healthy trees, both within the LR V areas LOS GATOS PLANNING COMMISSION 1 0/2 1 /2 015 Hillside Dev elopment Standards and Guidelines Study Session 2 8 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17 18 19 2 0 2 1 22 2 3 24 2 5 and outside of the LRV areas, that have fallen completely . Some due to windstorms and storms, but some that have just plain keeled over and dropped . We 've had sudden limb drop off o f a number of trees that are in healthy v igor. Mr. Abbs indicated ear l ier that the Commi ss i o n should consider the o pportunity or allowance of the planting of oak trees, native trees, within the area. The Highlands in particular I think has been rated as a second growth, or a later growth, forest, and so the trees up there may not be in the best of health. I don•t know if harvesting is the correct word for it, but they are secondary growth trees and as a result they don 't have the vigor and strength of the original tree. If we 're able to supplement that forest, that oak woodland forest, by planting box trees, and significantly sized box trees is what we would suggest, you can augment the screen o f the house and you 're introducing healthy species and varieties back into the oak woodland forest that are not second or later generation growths, that add vigor and health to the forest in general, and can supplement the screen. COMM ISSIONER KANE : A brief follow up, but not t o belabor the point. I said what if? What if that massive oak tree comes down at the hand of God, lighting, storm, LOS GATOS PLANNING COMMISSI ON 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 29 1 2 3 4 5 6 7 8 9 1 0 11 1 2 1 3 14 15 16 1 7 1 8 1 9 20 21 22 2 3 24 2 5 whatever , and I 've just paid triple the money fo r th i s wonderful house on the hillside, and suddenly I can see San Francisco . What 's going to motivate me putting u p ... You get my point? Th i s is how I 'd p u t foli ag e in a tert i a r y ligh t when it comes to protecting the hillsides and reducing visib i lity . I can 't de p e n d on a "temporar y tree " that a homeowner is just not going to lose sleep over replacing if it falls down and then they have one of the greatest views known to man . DENNIS RAZZARI : I think currently the Town does hav e policy that if a tree falls, and this has occurred on our site where a tree has fallen, a Tree Removal Permit is still required, and in cases where it has happened a Tree Removal Permit is required with tree mitigation that is applied to that. To address your concern, I think the trees that we're propos i ng to be used as screening can p oten tially have some type of deed restriction or something on that lot where if there is a tree that falls that the homeowner does hav e someone on title that that tree does have to be replaced. So there is a potential legal option that can be implemented, but currently if a tree does fall, a Tree Removal Permit is required, and mitigation is required. LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 3 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 18 19 20 21 22 23 24 25 COMMISSIONER KANE : Let 's go to Staff and fin d out from Staff. JOEL PAULSON: Correct. COMMISSIONER KANE: What is? JOEL PAULS ON: That if a tree falls, a Tree Removal Permit is required, and mitigation replacement is required . COMMISSIONER KANE: I did not know that. Even on a homeowner who has been there a while? JOEL PAULSON: On any property. COMMISSIONER KANE: Is it a replica tree, or a certain box tree, or a tree that will eventually dev elop into the tree that fell down? JOEL PAU L SON : It 's a number of box t re es based on the table in the Tree Ordinance, so depending on the canopy size of the tree before it fell. COMMISSIONER KANE: Thank you . ROBERT SCHULTZ: On top of that, it is certainly possible to put in, through a deed restriction, Conditions of Approval that require the maintenance of landscaping or screening ; I 've seen those done also. COMMISSIONER KANE: Do we regularly do that? LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 31 1 ROBERT SCHULTZ: No, I don 't think we have up to 2 this point . 3 JOEL PAULSON: I would just offer that prior to 4 when I arrived the Town used to do five-year tree 5 maintenance agreements with property owners. 6 VICE CHAIR BADAME: Any further questions? 7 Commissioner Talesfore . 8 COMMISSIONER TALESFORE: Prior to when you 9 10 arrived the Town did what, and can you explain what that means? 11 12 JOEL PAULSON: Tree maintenance agreement, so 1 3 whatever they planted or was part of the approval, they had 14 to make sure that it survived for five years. 15 COMMISSIONER TALESFORE: And the Town took it 16 out? 17 18 19 20 21 22 23 24 25 JOEL PAULSON : I can 't recall whet her or not that went into the Tree Ordinance revisions as well. I 'll try to pull that up . I 'm not sure if we have the new copy in here , but I remember that conversation. I think Dr. Weissman brought that up when we were having that conversation. COMMISSIONER TALESFORE: And the Town checks on that? They send somebody out there for fi v e years? LOS GATOS PLANNING COMMISSION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 32 1 COMMISSIONER TALESFORE: I don 't know how it was 2 implemented when it was done prior to 2000 . 3 ROB E RT SCHULTZ : Certa i n l y know that if that 's 4 something the Planning Comm i ssion wants to pursue , that 's a 5 p o ssibility, and then we hav e t o figure out how to make 6 certain . Maybe there 's a report that 's done by the property 7 owner yearly that shows how i t 's been maintained , but we 8 wouldn 't have the staff to start going out to all these 9 homes. 1 0 1 1 COMMISSIONER TALESFORE: Which is why I asked. I 1 2 mean it sounds great in concept. 13 ROBERT SCHULTZ: You try to put the onus on them. 14 COMMISSIONER TALESFORE: Onus on them , right, and 15 that is sort of the issue here too. Anyway, to the point, 16 that is why I asked the question. Thanks. 17 18 19 20 21 22 23 24 25 VICE CHAIR BADAME: Thank you, Mr. Abbs, and thank you , Mr. Razzari. I will now call Lee Quintana to the podium. LEE QUINTANA: Lee Quintana, and I apologize for be i ng late . I 'd like to talk about several things tonight , and they 're just recommendations or suggestions for things to think about . I 'm probably going to go th rough them fast , t hen come back to them when I have time . LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 33 1 2 3 4 5 6 7 8 9 1 0 11 12 13 1 4 1 5 16 1 7 1 8 1 9 20 21 22 2 3 24 25 One is from the glossary . Delete the definition for "visible home " from the glossary . Most people already know or have an understanding of what visible means, and just put in the body of the text what is intended. Also , delete "view i ng platforms " from the glossa ry and the text and substitute "vantage points" rather than "viewing platforms ," because the language in the document refers to vantage points, including those on the valley floor, not just those on the valley floor. Platform gives it a different impression. I 'd also like to talk a bout the origin of the 25 % and the reason behind it . The re were approximately, that I have counted and seen, five drafts, and I believ e there are a couple of more drafts, of this document before it was actually adopted. It was not until the last draft that the 2 5% criteria were added to the glos sary. The very first draft had a definition of v isibility as something that can be seen, which is the definition o f v isibility. We didn 't redefine visibility until the very last draft , and i t 's not clear why that particular thing was picked, why 25% o f visible elevation was picked, or how and why or whether alternate methods were considered. LOS GATOS PLANNING COMMISSION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 1 7 1 8 1 9 20 21 22 23 2 4 2 5 I think there are alternate methods that can be considered. One will be to decrease the percent of visible elevation allowed as the useable or potentia lly usable square f o otage of a home increases. That would include spaces that are not currently proposed for usable space, such as cellars, basements, and attics or places that are covered b y roofs, but that c ould be potentially converted into useable space without changing the effect of the bulk of the home. Another way would be to consider the percent of the total of the ridgeline as criteria for a cut-off, or the percent of the roofline elevation that is visible from a particular elevation. And of course there are other possibilities. Lastly, I would really like to see some clarification or clarity of the language that is adopted that is clear that even if a project meets the criteria for visibi l i ty ... VICE CHAIR BADAME: Thank you , Ms. Quintana. Any questions? Commissioner Talesfore . COMMISSIONER TALESFORE: Thank you . You referred to 25% after at least fiv e drafts. Five drafts of what ? LOS GATOS PLANNING COMMISSION 10/21 /2015 Hillside Development Standards and Guidelines Study Session 35 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 1 6 1 7 18 19 20 21 22 23 24 25 LEE QUINTANA: Of the Hillside Development Standards and Guidelines. COMMISSIONER TALESFORE: Are you talking about the one we have presently? LEE QUINTANA: No , I'm talking about the first one that was presented to the Committee, which was I believe December 19, 2001. COMMISSIONER TALESFORE: Are you talking about the Hillside Design Guidelines in 2001? LEE QUINTANA: Yeah, the Guidelines. COMMISSIONER TALESFORE: Okay . I wanted some context. LEE QUINTANA: Yeah, until it was finally adopted in January o f 2004, there were at least five drafts. I 'm pretty sure there were six drafts and there might hav e been even more. COMMISSIONER TALESFORE: Were you on that committee? LEE QU INTANA: Yes, I was. COMM ISSIONER TALESFORE : Okay . VICE CHAIR BADAME: Commissioner Talesfore, do you have further? Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 9 20 2 1 22 23 24 2 5 COMMISSIONER HANSSEN: Thank you for your comments. I wanted to ask about one of your comments, whi c h is regarding the viewing platforms . In reading through the document that you and Dr. Weissman submitted, and also h earing your comment s , I thought there was some sugges tion in there-and if I missed it or didn 't interpret it correctly , let me know-that we should not limit ourselves just to the viewing platforms, or even the additional v iewing platforms that might be selected by the Community Development Director, and maybe choose p l aces that are in t he hillside, is that correct? And then I had a follow up question. LEE QUINTANA : I th i nk that "vantage points u is the broader term , and then "viewing platforms u was used and primarily interpreted to be on the valley floor. So I think t hat makes it confusing . You 're really ~alking about where can you see it . COMMISSIONER HANSSEN: The other thing that you mentioned in just your recent comments was that the guidelines referred to vantage points and not vi ewing platforms, but I don 't know if I 'm missing the plac e that it is , but I 'm looking at page 13 where the viewing L OS GATOS PLANNING COMMISSION 10/2 1 /2 015 Hillside Development Standards and Guidelines Study Session 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4 2 5 platforms are defined in the original document, and it says viewing platform versus vantage point . COMMITTEE MEMBER QUINTANA : But if you look on one of the pages that I just gave you, and I do apologize for getting it in so late. I was hoping to get it in earlier this morning, but had personal things that I needed to take care of. If you look in there, there is a list of places within the document where visibility is referred to in the Goals, in the Objectives, in several other parts of the document that set up what you want to accomplish by the hillside documents , and they don 't distinguish between just the valley floor and the hillsides. Now, I don't know that it would be a good idea to have different criteria for those two different things, but I do n't think one excludes the other; you could be visible from several different points of view. COMMISSIONER HANSSEN: Was there any version of the original document that suggested alternate v iewing locations for determining visibility? COMMITTEE MEMBER QUINTANA: I don't remember when that carne in. I think it was from the v ery beginning, but the definition in the glossary says "established viewing LOS GATOS PLANNING COMMISSION 10 /21/2015 Hillside Dev elopment Standards and Guidelines Study Session 38 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 1 7 18 19 2 0 2 1 22 2 3 24 2 5 platforms ," which is dif ferent, so the emphasis was on that. The other thing is that the timing of the analysis is really important, and as the document is currently approv ed the anal y sis for v i s ual c o mes after you 've determined what the LRDA is , even though that is one of the things that are supposed to be considered in determining the LRDA, and the timing of it comes so far down the road that it 's just before a hearing that it actually comes up. I think in the original draft, if I remember correctly what I was reading this morning, that was not the case. It was actually in the document as part of the initial analysis to determine the LRDA where a house might be able to be sited. COMMISSIONER HANSSEN: Okay, thank you. VICE CHAIR BADAME: Commissioner Erekson. COMMISSIONER EREKSON: I 'm intrigued by the alte r nate methods , but I didn 't hear you make an argument against the percent of v isible elev ation other than it occurred late , and I presume you 're not maki ng t h e argument that just because an idea came up late , it 's bad , it 's not as good as an idea that came up early . I 'd like for you to LOS GATOS PLANNING COMMISSION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 39 1 2 3 4 5 6 7 8 9 1 0 11 1 2 1 3 14 15 16 17 18 19 20 21 22 23 2 4 25 help me understand why that 's not a good idea and why we should consider alternatives . COMMITTEE MEMBER QUINTANA: The way that it is currently stated favors bigger houses , and at least my understanding whi l e I was on the committee that helped draft this was that we were trying to limit the impact of houses in the hillside , and effective bulk or mass or what y ou see was one of the impacts that was created. In fact, at that time we were told that there would be a comprehensive review of the document after a year of its implementation to see if it was actually accomplishing what we had intended it to, and that review has never taken place, and over the years-this is my personal opinion-the te c hnical meeting o f the law has been what has propelled the approval of an application, and that sort of ... If you 'll let me finish what I was going to say at the very end about c l arifying, in part it will answer your question. COMMISSIONER EREKSON: I suppose if it was answering my question, you wouldn 't have to get permission . COMMITTEE MEMBER QUINTANA: Okay . What I was saying was that whether or not a project meets the criteria for visual analysis, mee ting it does not mean that the LOS GATOS PLANNING COMMISSION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 40 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17 18 19 20 2 1 22 23 2 4 2 5 project must be approved . The r e 's a lot of discretion. Any thing that comes to you guys and the Town Council is a discretionary action, and there are many more factor s that are inv olv ed, so just meeting the technical criteria, e v en if you 're meeting the technical criteria of the law of different aspects, does not mean that the project itself is meeting the intent, the goals, and the objectiv es of the General Plan and the Hillside Design Guidelines. Just to giv e an example, if you have a house that reaches the maximum height allowed, but it only does it for 10 ' at the ridgeline , t hat 's quite d i fferent th a n a house that has a ridgeline that is 50-100 ' long and all of the ridges of the house are v isible. So that would be one examp le of what I 'm talking about . COMMISSIONER EREKSON: Thank you. VICE CHAIR BADAME : Thank you , Ms. Quintana. I will now close the public portion of the study session. I was originally going to separate the dis c ussion among Commissioners between color a v eraging and the visibility analysis, but we have time constraints and we also have two Commissi o ners leaving early tonight, one at 5 :30 and one at 5 :45, and we also have the Town Arborist present tonight, which I think we 'd like to take advantage of , so I 'm going LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 41 1 to leave it open target for Commissioners for open 2 discussion and not separate it out. So, would anybody like 3 to start the conversation? Comm i ssioner O'Donnell . 4 COMMISSIONER O'DONNELL: I just want to ask you, 5 do you have a proposal for the arborist to talk to us now? 6 If so, it would be a good time. 7 JOEL PAULSON: I think that the arborist is here 8 to answer questions. 9 10 COMMISSIONER O'DONNELL: Okay, not to give a 11 presentation? 1 2 JOEL PAULSON: Correct . 1 3 COMMISSIONER O'DONNELL: All right, thank you. 14 VICE CHAIR BADAME: Commissioner Hanssen had her 15 hand up next . 16 17 1 8 1 9 20 21 22 23 24 2 5 COMMISSIONER HANSSEN: I think since the Town Arborist is here, I agree that it makes sense to ask our questions so she doesn 't have to wait till the very end . I was troubled in reading this whole thing about this idea of the moving target state of tree health, and it might be that the answer is that you can only look at it one point in time when you 're t r ying to make a decision a development proposal, but I wanted to get an idea, LOS GATOS PLANNING COMMISSION 10 /21 /2 015 Hillside Development Standards and Guidelines Study Session in on 42 1 especially in the case of these recent proposals that we 've 2 seen . 3 There are a fair amount of trees up in the 4 hillsides, up there in Dav idon Homes dev elopments, that are 5 in fair or worse condition , so if you 're asked to look at 6 the tree more than one time , how often is it t h at you 'll 7 see a change in the tree state if not caused by mechanical 8 failure , just by what 's happe n ing i n the e nvironment , how 9 10 often would y ou see that like in a year? VICE CHAIR BADAME : Thank you, Ms. Ellis, for 11 12 stepping up to the podium. I was going to ask you to do 13 that, so thank you for doing so. 14 DEBORAH ELLIS: How often would I see something 15 within a period of a year? 16 17 18 19 20 21 2 2 2 3 24 25 COMMIS S ION ER HA NSS EN: Or maybe I 'm not usi n g the right benchmark , but do you see where I 'm going with the question? I t 's cl e ar to me if s omeone takes construction equi p ment and doesn 't h ave the proper protection around the tree and they hurt the tree, that could immediately cause damage to the tree, but I have this thought like if you go make y our analy sis-and you do a great job with your analysis, b y the way-of the state that it is at the time, would it be typical to see a change in a year or two or LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 43 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 three of those trees without any mechanical or otherwise impacts? DEBORAH ELLIS: The answer is it depends on a lot of t h ings , and so I can 't g i ve you one particular answer . It would depend on the particular tree and the conditions that are going on around it, including things like weather and drought. The only thing I can say is if I am asked to revie w an arborist 's report that's, say , five years o ld, even one of mine , I would feel that i t 's not current enough and I would want to go back and e v aluate the trees again . Then you might as k me what if it 's a yea r old , would you still want to do that? My answer would be it depends. If it 's a fairly stable site , nothing 's going on , we haven 't had ex treme weather conditions, and I had a good report that I was fairly comfortable, I might say I think that probably things are about the same . I could never guarantee it ; something could happen and I wouldn 't know it unless I went out there. I do wrestle with this myself sometimes , and unfortunately there 's no one answer . COMMISSIONER HANSSEN: I can clearly see that, and I can imagine with conditions like with the drought having been relatively recent, that may have had an impact, LOS GATOS PLANNING COMMISSION 10 /21/2015 Hillside Development Standards and Guidelines Study Session 44 1 2 3 4 5 6 7 8 9 10 11 1 2 1 3 1 4 15 16 1 7 1 8 1 9 2 0 2 1 22 2 3 24 25 and if you 're asked today v ersus a year ago, would you still want to go see that same thing from a year ago? Maybe you would now, because of the drought having that impact. DEBORAH ELLIS : Yes, if the drought has had a huge impact. The Highlands is a good example, no t just because of the const r uction , but it 's a r elatively exposed site, and many of the trees were quite beat up before the Highlands development began, and so I hav e seen rapid changes in trees, and some of that may be due to the development . I think some of that probably would have happened, even without development. I think some of that probably would have happened maybe without development just given the condi tion of the trees beforehand; they were not strong trees to begin with . VICE CHAIR BADAME: Commissioner Talesfore. COMMISSIONER TALESFORE: Thank you . I was going to ask a question about what changes have you seen because of the drought within our trees in the hillsides, so thank you for that . I'm seeing these words , "sparse canopies ," and I want to understand the sp a rse canop i es that you 've seen , l et 's just say , since you brought it up , up in that area that we 're talking about. How do you view that? Will they LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 45 1 get sparser? Are those the trees that are fair to poor? 2 Will they be in good condition, but always having a sparse 3 canopy because that 's thei r character? When we see words 4 l ike that , I 'm always confused about how to interpret them . 5 DEBORAH ELLIS: Canopy density is one way to 6 evaluate a tree 's vigor , it 's probably t he most convenient, 7 easiest way, and canopy density will vary somewhat 8 depending on a particular tree species and also its age . 9 10 Even with n o human intervention, as a tree ages generally 11 its canopy density will become less . It 's kind of like 12 people and their hair. I used to have to thin my hair, 13 because it was so thick, to try to reduce the density, and 14 1 5 16 17 18 19 20 21 22 23 24 25 I don 't have t o do that anymore , and that 's the way it is with a lot of trees . But a r eduction in density that 's not due to normal aging and that is because of environmental excesses or deficiencies, or some sort of a disease proc ess, will reduce canopy density. I 'm pretty familiar with the tree species around here , so I 'm very , very used to l oo k ing at them, and I can tell an 80 from a 40 right away , because I 'm just so used to doing it and I 've done it so many times, and so I often use that as a way to describe what I think is wrong with the tree , or what symptoms it 's s h owing that are telling us LOS GATOS PLANNING COMMISSION 10 /21/2015 Hillside Development Standards and Guidelines Study Session 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 8 1 9 20 21 22 23 2 4 25 that this tree does not have good vigor anymore and is possibly declining. COMMISSIONER TALESFORE: Thank you . I 'm glad to hear that, bec ause I may have interpreted this totally differently , like it was that species o f a tree or the canopy would come back later, so thank you. DEBORAH ELLIS: I 'm really glad you told me that , because this tells me that something in my reports is not clear to people , and so I will hav e to define that. COMMISSIONER TALESFORE: Thank you . One other question? VICE CHAIR BADAME: Go ahead. COMMISSIONER TALESFORE : It's about fair and poor . We see that often . We see a lot o f descriptions for trees, but when we see fair -to-poor , and that 's how you describe it , which I 'm sure it is , do you ever see those trees coming back if they were cared for? Do you know what I 'm saying , on a piece of property? DEBORAH ELLIS: Yes , it's possible. CO MMISSIONER TALESFORE : It doesn 't mean this is it , take it out, because it 's fair -to -poor? DEBORAH ELLIS: Correct. LOS GAT OS PLANNING COMMISSION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 47 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 17 1 8 19 20 21 22 23 24 25 COMMISSIONER TALESFORE : And then I think we saw one , or maybe I 'm wrong on this , that was described as good-fair. DEBORAH ELLIS : The way I read trees is there are the super categories of good, fair, and poor. So good i s pretty darned good, and on a grading scale that 's like a Bon an A to F scale. It 's not excellent , it 's not A, but it 's pretty darned good and worth keeping if you c an. Fair is so-so . It 's not a great tree; it 's not a terrible tree. Poor , it 's a bad tree . COMMISSI ONER TALESFORE: Yo u me a n declining ? DEBORAH ELLIS: It depend s . That 's why I always giv e a structure rating as well as a vigor rating, because I want to know what am I seeing that is a problem wi th this tree here? Is it some thi ng wi th the structure or it 's v igor, or both? So I will giv e you both of those ratings. COMMISSION ER TALESFORE : Thank y ou very much . VICE CHAIR BADAME: I 'd like to jump in real quick. Would you like to comment on tree canopy and density being seasonal? We may be looking at that as part o f our proposed methodology . DEBORAH ELLIS : Deciduous trees drop their leaves, usually in the wintertime-there are a couple of LOS GATOS PLANNING COMMISSION 10 /21 /2 015 Hillside Development Standards and Guidelines Study Session 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 5 species that drop them in the summer, like buckeyes-and so those trees will provide less screening during the time period that they 're normally deciduous . And then there are some trees, blue oak is a very good example and there are a lot of them at Highlands, these are deciduous tree species, but they have the special ability, a little bit above regular trees, to drop their leaves early in response to drought, and they will do that as a survival mechanism. So they can oftentimes look pretty bad, but what they 're doing is actually benef icial for them. If they have enough stored energy to put out a new crop of leaves this year they may have saved themselves a little bit of stress , because they 're not trying to pull up water that 's not there and wasting energy on that . Highlands is a good example where there are some areas that there are a lot of blue oaks and they look bad, but I think there is a possibility that if we start to get normal rains those trees may increase their canopy density quite a bit. VICE CHAIR BADAME: Thank you. Commissioner Hanssen. COMMISSIONER HANSSEN: I wanted to ask another question about the sparse canopy. I know you have a great LOS GATOS PLANNING COMMISSION 10 /21 /2 015 Hillside Development Standards and Guidelines Study Session 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 18 1 9 20 2 1 22 23 24 25 sense for where a tree stands in terms of its canopy cov erage, but my question is, is there like an industry standard that is used in general for this, or is it more a product of experience that you have in doing this? I just didn 't know . DEBORAH ELLIS: I do basically go based upon my own experience, but there are some guidelines that are used mainly for forestry in estimating canopy density, and these are like a litt l e char t that you will see where it 's like a circle that 's fi l led i n comp l e tely blac k; t h at 's 100 % density . Then they 'll s t art punching little white holes in it , and they have a ser i es where they 'll say th i s is 100 %, here 's 80%, here 's 60 %, here 's 40 %. Mainly in forestry they use that type of a chart to try to be more objective, particularly between different observers . COMMISSIONER HANSSEN: I ask because I think one of the suggestions that has been made by the public is to incorporate the idea of sparse canopies into whether it 's included in a viewing, and so I just wanted to know what went behind it. So you 're saying yes , there is a standard out there for forestry, and although you hav en't , because of all your experience and you 're not doing forestry per se , LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 50 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 1 5 16 17 18 19 20 21 2 2 23 24 2 5 but if you wanted to rely on that you could use something like that? DEBORAH ELLIS: Sure, and I would be happy to look that up and send it to y ou, if you like. VICE CHAIR BADAME : Thank you. Any further questions for the Town Arborist? Thank you, Ms . Ellis . I will look to the Commissioners to see if they have any comments on the color averaging. Commissioner O'Donnell . COMM I SSION E R O 'DON NELL : I'm t h e o n e that 's going to leave at 5:30, so before I do leave I did want to throw out a couple of thoughts. I think what we 're hearing tod a y is very helpful . I a l so thin k the complexity o f what we 're hear in g today makes it very difficult to adequately draft something that will apply in all circumstances. Starting with that, I think the Staff has done a good job, and the beauty of what the Staff has done I think is to take something that has worked. We can criticize from time to time, but it has worked. What Staff is proposing is more than fine-tuning , but it 's less than tota lly redoing. I tend towards that , because t h ere 's nothing to prevent us LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 51 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 2 1 22 2 3 24 2 5 from continuing hopefully to make changes as necessary. So I just start with that thought. Secondly, when I look at the specific proposals that they have and that are set forth in their report of October 21 st , I just want to make a couple o f comments. On page 2 we talk about the installation of story poles and all that kind of thing, and we get into two areas at least which are fairly complex, one of which is viewing platforms versus v ant age points . As far as I 'm concerned , the viewing platforms have not been perfect; we know that, we 've seen examples of it . On the other hand , I wouldn 't want to throw that out. What is being proposed here is that other locations as deemed appropriate by the Community Development Director could be used, which I think makes it a little bit easier to use this, because we are trying to preserve our views and the trees and all that. On the other hand, we 're not passing a law that says there will be no further building in hills . If we are, then it makes everything much simpler, nobody has to waist a bunch of money trying to come in. So if the Community Development Director has this leeway , then I think we get around some of the problems LOS GATOS PLANNING COMMISSION 10 /2 1 /2 015 Hillside Development Standards and Guidelines Study Session 52 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 were recently addressed to us, such as the Chevron station blocking things, so I kind of like that suggestion. As far as the refl ectivity , that 's really troublesome to me. On page 2, we use a v isible horne as defined as 2 4.5 %. On page 3 , we talk ab o ut , "Exterior colors shall not exceed a reflectivity value of 30." I think the suggestion on the bottom of page 3, that the averaging be allowed except to the extent the horne is more than 25 % visible perhaps is an improvement. I don 't like the fact that you look at individual neighborhoods in the foothills and tailor it by group of housing, group of housing , because that doesn 't help the general view . I think hopefully the averaging will help a lot . I do think there is some reason to believ e that may be averaging will not solve that 30% issue, but it may be improved by a ve raging. I don't know what you come up with rather than 30%, because in many cases that 30% is fine , in some cases, maybe not. I don't know how to deal with that however, and s o I 'm just going to leave it with saying if the Staff has any thoughts o n how we deal with specific types of hou sing, we heard about that-type, styles, that kind of thing-that the reflectivity value of 30% is really unfair to the design and the 30% does not benefit the LOS GATOS PLANNING COMMISSION 10 /21/2 015 Hillside Development Standards and Guidelines Study Session 53 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 v iewing that much, we might want to consider some other language to deal with that. But for the moment I 'd rather be conserv ativ e and stay with the 30%, but use the aver age . As far as the solar goe s , bec ause that was I thought a good point we should address, I would really address a question to the Town Attorney. If I understand the speaker, the speaker said we would hav e the right under certain circumstances to require a use permit, but the standards I heard her asserting of health and safety didn 't seem to help me very much when it c omes to aes t hetics. S o my question simply is if we assume f o r the mo ment that it is restri c ted t o health and safe t y , which is not very helpful , unless ... One e x ample she used is blinding drivers as they come down the street, which has got to be a little rare. How much leeway , if at a ll, do we h ave if the legislature is say ing gee whiz , we love solar ? What a bility do we have to say s ola r is fin e , but let 's keep it so it isn 't very reflective? That 's the question . ROBERT SCHULTZ : No ne. COMMISSIONER O 'DONNELL: None? ROBERT S CHULTZ: None . But we will soon . The Planning Commission , really , I can 't think of one in the t wo years , and I asked Joel, as part of a residential LOS GATOS PLANNING COMM ISSION 10 /21 /2 015 Hillside Dev elopment Standards and Guidel ines Study Sess ion 54 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 1 5 1 6 1 7 1 8 19 20 2 1 22 23 2 4 25 project, they don 't put the solar on there ; after the fact is when the solar comes in. We are dev elo ping a policy in-house to try to make certain we capture those ones that come forward f o r the solar that hav e to be processed within three day s over the counter in some (inaudible), that the ones that are in the Histo ri c al Distric t and t he o nes that will i n the hillside , we 'll put an extra eye on them to make certain there isn 't something t h at we can do . We can recommend changes that don 't increase the cost by more than $1,000 under it . From an i nterna l standpoint , we 're going to try to come up with a policy that we try to catch those and we try to look at t hem from the h i llside if they 're going to be visible, and see if we can 't make changes a n d get the applicant to understand the importance o f the reflection. Maybe we 'll fin d it. I 'm sure the re are ones on the hillside right now that have solar that might be visually unappealing , but I don 't believe any of them are going to be blinding from a health and safety issue. I don 't see that as a to ol that we can use to go through the use permit . COMM ISSIONER O 'DONNELL : That 's kind of what I tho ught, and I appreciate that, but I also assume that LOS GATOS PLANNING COMMISSION 10 /2 1 /2 015 Hillside Development Standards and Guidelines Study Sessi on 55 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 1 5 16 17 1 8 1 9 2 0 21 22 23 24 25 Staff, e v en if a person came in with the whole package, i .e . the house , and said we 're going to have s olar , notwithstanding the limitations of your ability, i t doesn 't prevent you from saying that 's pretty da r ned visible, can you do something? Because I find a lot of our applicants are pretty responsible, reasonable people . So we may n o t be able to say you must do it , but we could say here 's how other people have done it, it would be much better for y ou, y our neighbors, and the c ommunity. So those are my only comments. ROB ERT SCHULTZ : We 've actually had a few in the hillside where they 're not on t h e homes , they 'r e actually on the ground , so we 've had those , a nd as long as those are setbacks, then those can meet the requirement s also and then we wouldn 't have that issue . Like you said, most app l icants are v ery reasonable to try to come up with a different solution . If it 's not going to be more than $1,000 cost, then we can recommend it and require i t. COMMISSIONER O'DONNELL: Thank y ou . VICE CHAIR BADAME: Commissioner Kane. COMMISSIONER KANE : Commission er O'Donnell , you shouldn 't be so shy . I t sounded like a motion to me. At least it works for me. But since i t 's not a motion , befo re LOS GATOS PLANNING COMMISSION 10 /21 /2 015 Hillside Development Standards and Guidelines Study Session 56 1 it becomes a motion I 'd like to discuss your view on the 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 5 average 30%, because somewhere I read there was a concern about the a v erage 30% insofar as most of the trim being flat black and the roof being flaming orange and it a v eraged out t o 30%. If we want to consider some flexibility on that, we should have a sine-que-non maximum, an average of 30%, but at no point shall any material exceed 35%. The average concerns me . The point was made it could be 5, 5, 5 and 60, and so that come s out to now we 're back to averages again, getting ourselv es in trouble . Flexibility could have limits, but nothing anywhere to exceed 35%. Maybe we 're again going to shoot ourselves in the foot, but if we desire the flexibility o n the 30% and the word "average ,u then we should have a max as well. Tom, I think the rest o f what you did is a basis for a motion. COMMISSIONER O'DONNELL: Let me say two things. One, I agree with what you just said abo ut y ou don 't want to average if something is 100% and something is 5 %. You can get carried away with that, so I would agree that that should be addressed. LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 1 7 18 19 20 21 22 2 3 24 25 Secondly, however, this is a study session, and my understanding of the session is we really ought to just talk it out and receiv e all the input, take it home, and perhaps ask Staff, as I already have, and you implicitly are asking Staff, to make some more suggestions to us, and then when I comes before us at a regular meeting, we'll feel ... We were asked to do th i s before and we felt not prepared . My understanding is this meeting is to help us be prepared, not to make motions. VICE CHAIR BADAME: Commissioner Kane. COMMISSIONER KANE : Okay, my bad. However, everything he said should be written down. The other consideration was brought up by speakers and some of the text that we have where we talk abo ut the 24 .5 %. Again , we're getting o urselves int o trouble with averages , because I made the note that Bobby could put up a hut that's 100 % vis ibl e , and no, he can 't d o that, and somebody could put up a Cow Palace and only 24% of it was visible. So if Staff could come up with a brilliant way of also having a cap similar to the cap on the LRVs, a cap on mass or visibility, guidance language that cannot be hac ked and hewed over time and turn out to be nothing but watered down sentiment. Stay with the 24.5% LOS GATOS PLANNING COMMISSION 10 /2 1 /2 015 Hillside Development Standards and Guidelines Study Session 58 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 17 18 19 20 21 22 2 3 24 2 5 if that 's what we want , and but in no case shall more than 14 s q uare f oot of b r igh t oran ge be seen . I do n't have the language myself, but I know where percentages can get us in trouble, and we have some very large homes at 24.999999%, coincidentally, and they can been seen from Milpitas. So that 's my con cern wit h percentages . VICE CHAIR BADAME: Thank you, Commissioner Kane. Commissioner Hanssen, did you have your hand up? Okay, go ahead. COMMISSIONER HANSSEN: I looked through this and I made a bunch of comments, and I wanted to just share some of the things that I thought maybe needed to be addressed. First of all, I went back and reviewed the existing Hillside Development Standards and Guidelines in relationship to these two sections, and compared to what we have n o w, wh a t's pr o p osed ri g h t n ow i s in f i nitely less restrictive, and I wondered how we were getting by with the maximum reflectivity value of 30 on all components of the h ouse , because th a t 's what t he language says n ow, and if we actually have houses that are out of compliance, or maybe this is relative to new houses. That would one comment I had . LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 59 1 The second comment I had is relative to the 2 calculation the proposed language talks about using the 3 color a v eraging with the exception of any houses that are 4 more than 25% visible. So what happens to the houses that 5 are more than 25% visible? Do they default to the o ld 6 standard of nothing more than 30%? That was another 7 question I had, and ma y be I should just throw out all the 8 questions before you answer each one of them, or do you 9 want to answer them after? 10 11 VICE CHAIR BADAME: Can I interrupt real quickly? 1 2 It depends upon h ow many you have, because I know 13 Commissioner O'Donnell has to leave at 5 :30 . 14 COMMISSIONER O'DONNELL: But that 's okay , because 15 I intend to catch up on what I 'm going to miss. 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: Do you want me to stop s o he can ask? VICE CHAIR BADAME: No, I was giving him an opportunity to bow out right now , but he 's not , so go ahead . COMMISSIONER O'DONNEL L : I'm staying for another minute . COMMISSIONER HANSSEN : Getting back to the color averaging , I wondered if there wasn 't a need for some LOS GATOS PLANNING COMMISSION 10 /21/20 15 Hillside Development Standards and Guidelines Study Session 60 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 def inition about how the a v eraging was to be done relative to is it all o f the surface area o f the home, and then you take an LRV v alue for each piece of it and then do a weighted a verage, or how does the calculation work? And then relative to the actual colors that are used , there 's reference to blending in with the natural vegetation, so does that mean that we need to consider eliminating certain colors, for example, I mentioned earlier, black? Maybe gray is okay, but not black. Maybe we don 't say it because it 's defined as fitting i n with t he natural environment and it will automatically catch that, but I did wonde r if there were any colors that shouldn 't be permitted? Then on the average itself, I wondered if there shouldn 't be-I think Commissioner O'Donnell mentioned this- a maximum, because I was looking at some of the colors, like yellow and stuff, maximum LRV t hat you 'd have an average of all the colors, but maybe you don 't want the window trim t o be bright yellow, because in a square footage weighted average you could in theory have ye llow windows other than it doesn 't fit in with the environment , but it wouldn't violate the average. So I wondered i f there shouldn 't be like the average can 't be more than 30 , and LOS GATOS PLANNING COMMISSION 10/21 /2 015 Hillside Development Standards and Guidelines Study Session 61 1 also no single measure could be more than, I don't know, 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 1 7 18 19 20 2 1 22 23 24 25 50, 60, 70, whatever might be an appropriate number . Then on the solar thing, in addition to the solar systems I hav e been taking a lot of course work in sustainability at UC Davis, and when we went over this whole thing with roofs the encouragement is to do LRV va l ues that are much, much higher than 30, because if you can 't do a solar system ... So t hen it made me think should we just ignore that because we don 't want t o affect visibility in the hillsides, or should we consider it because of the v alue o f the sustainability , which is clearly defined in the Hillside Standards . I thought it put you on both sides of the issue and I wondered if we shouldn 't think more abo ut that for the roofs in particular. And then a gain, maybe it wouldn 't be more than a maximum , but clearly with under 30 you wouldn 't be able to do any sustainability with your roof, becaus e it 's going to be too dark . And I think that was it. VICE CHAIR BADAME : Thank y ou , Commis s ioner Hanssen. Commissioner Talesf o re. COMMISSIONER TALESFORE : I don 't know where to g o. I hav e so many ; this is going to be a lot. LOS GATOS PLANNING COMMISSION 10 /2 1 /2 015 Hillside Development Standards and Guidelines Study Session 6 2 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 14 15 16 17 18 1 9 2 0 2 1 2 2 2 3 24 2 5 I thi nk what I 'm g o i ng to d o , if I don 't g et t hrough thi s, I ma y submit some comments . JOEL PAULSON : Any Commissio ner can feel free to submi t wr i tten conunents and we 'll include that in the next Pl a nning Co mmi s sio n me e ting. COMMISSIONER TALESFORE: But i n the beginning, I just wanted to say I look at this and I g o what is our purpose and our intent? And that is what is our purpo se in looking at what we have here, but more holisti c , what is our purpose and intent as far as being planning commissioners and people who make decisions? Who are we making the decisions for, and what are the benefits? That really weighs. We are stewards of this town and all of the d o cuments that we hav e before us, and we hav e v ery strong documents for the hillsides , and also for a lot of other areas in town, historic areas. I think it was brought up, I heard a couple of comments tonight that reminded me that when we move into certain a r eas o f o u r t o wn we really hav e a respo nsibility to maintain the areas that we are moving into. This is a long lead into this, but here it is . If I mov ed into the Almon d Gr ove area and I move i n to a his t oric h o me , I 'm going to have standar ds that I have to adhere to, but I d o LOS GATOS PLANNING COMMISSI ON 10 /2 1 /2 015 Hillside Dev elopment Standards and Guidelines Study Session 6 3 1 that willingly because I wanted to live there, and so that 2 3 4 5 6 7 8 9 1 0 11 1 2 13 14 15 16 17 18 19 20 21 22 23 2 4 2 5 to me, tha t's my purpose and I wil l do that . If I move into the hillsides, it comes with a whole document that people put their lives into, as we just heard from Ms. Quintana and other people on that committee, and the commissioners at that time, a whole plethora of people . So for me, that comes with the responsibility that I would love to live here because it's a special place to live , but I 'm hoping that the people that move in there understand that when you want to live among the trees and the hills and the birds and all the other animals, that we 're trying to have you l i ve th ere in a way that doesn 't impact the hillsides themselves, and hopefully not all of th e an imal s that live the re, an d that also don 't impact the people here on the valley floor. Now why is that important? Because in every other document in our town those hillsides are our backdrop. They are the crown jewel o f whe re we live , and I can 't tell you how much it hurts me when I see things not as we intended them to be. We hope that people will understand when they move into these areas to please take with you that responsibility th a t aren 't you lucky to be able to live here? So that 's my lea d in . LOS GATOS PLANNING COMMISSION 10 /21 /20 1 5 Hillside Development Standards and Guidelines Study Session 64 1 2 3 4 5 6 7 8 9 1 0 11 12 1 3 1 4 15 16 1 7 1 8 1 9 20 2 1 22 23 24 25 Let 's just go to color averaging . I 'm very passionate about what I do up here . I don 't believe that there 's anybody in this room that can really talk to us about c olor a v eragi ng . I unders t and color . I don't know that I c ould really underst a nd t h i s . There are c olo r experts that make their living analyzing color/ and so if we 're going to move away fr om what we have here, what has seemed to work all these y ears-except for the pink house I did see in the hillsides the other day when I was up there looking at one of our projects , to Sandy 's point , but he left-then I would suggest, and I would strongly suggest, that we do some inv estigation and possibly look for somebody who makes their living with color analysis that could actually come and help our town and maybe giv e us a c o lor standard program that could update us if we hav e missed something. I couldn 't tell you what is 30 a v erage of a house 1 and are you averaging the whole house? Is it going to be all sides? There are too many complications . So that wo uld be my suggestion. Other than that / I think what we h ave here seems t o be wo rking . Ma y be there is every once in a while, and I think it happened with the Davidon project that came before us one time and y ou asked for some color a v eraging and that was allowed, but that was LOS GAT OS PLANNING COMMISSION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4 25 under a very specific circumstance, and I would not start into this color averaging. Who is going to decide that on Staff? Who would decide that? How would that be decided, Joel? JOEL PAULSON : We 'd be us ing t he model that the Counci l a pp roved for Davidon . It 's very thorough. It is a we ighted a v erage of all of the exterior materials and the LRV of those individual materials, and then it is determined whether or not it complies with the average of 30 or not. I t 's the same conversat i on we had , as you mentioned, that went to Council, and Council actually directed Staff to bring that back to look at this option for other hillside homes, and so that 's why we 're here before y ou now. COMMISSION ER TALESFORE : Then if that 's the case , I would like to see a review of that , I mean how that 's determined , if it 's so formu l aic . JOEL PAULSON: I 'll forwa rd you the meetings where it came to Planning Commission and Council, and there are a number of exhibits that generally look like this. COMMISSION ER TALESFOR E : That 's fine , but I think for me, I would still think that we need to maybe consult LOS GATOS PLANNING COMMISSION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 66 1 with s o mebody and perhaps update what we are doing. I mean 2 they may hav e some other ideas. 3 VICE CHAIR BADAME : I 'd just like to jump in with 4 a quick question for Staff along those lines. Up unt il now 5 with Dav idon Homes, hav e we had any reque sts in the 11 6 years since our Hillside Dev elopment Standards and 7 Guidelines were adopted to deviate from our color 8 regulations? 9 10 JO EL PAU L SON : Not t hat I'm aware of , but just 11 from a background perspective, I think it was 1997 when the 12 previous Hillside Development Standards and Guidelines were 13 adopted-I 'm looking at Lee in c ase my year is off-before 14 the 2004 version; that was the first time LRV compliance 15 16 17 18 1 9 20 2 1 22 23 2 4 2 5 came into the Hillside Guidelines. From that point up until December 2014 Staff had interpreted that as the main body color of the house; we didn 't look at casement colors o f windows, 2x6 trim . We looked at the main body of the house, and if it was natural materials , then we didn 't apply that , because they're natural materials and would blend with the hillside . When Davidon 's request came forward it went to the Planning Commission who made the recommendation to Council. Council said no, we should be looking at all of LOS GATOS PLANNING COMMISSION 10 /21 /2 015 Hillside Development Standards and Guidelines Study Session 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 2 4 2 5 the exter i or materia l s , and so that 's when th i s color average, whi c h was exactly what they had proposed to do, was brought forward and t hat was looked at. Some of the conversations that we've had tonight , one spe c ifically relating to whether there should be a cap, and what that number should be, for any materials so that you don 't end up with a white house wi th a black roof , or a black house with a white roof from a sustainability perspective. So I think those are things that we can definitely l ook at, and we 'll lo ok to other jurisdictions . I know there was some information provided to Council on four or five other jurisdictions, some semi - local and some elsewhere, with ~illside settings that have higher LRV caps . I think the county 's cap is 45, and there are some others that were up to 60 . Now , they weren 't average and we don 't know the details of whether they 're l ooking at main body or they 're looking a t all the exterior materials, but just from a background perspective, so everyone has that background. VICE CHAIR BADAME: Thank you, Mr. Paulson. Commissioner Kane. COMMISSIONER KANE: If you hav e a model and you consider it fair and reasonable for some variety o n the LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 68 1 house , then I 'm oka y with that . Cap it at some reas onable 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 1 7 18 19 20 21 22 2 3 24 25 number, 35, 36.9 , but just prevent the abuse of the average , that 's all. COMMISSIONER TALESFORE : And in fact how would that happen? I think that 's why I don 't find this foolproof . JOEL PAULSON: I don 't think we 're going to get anything that 's going to be foo l proof. COMMISSIONER TALESFORE : I think you 're right. JOEL PAULSON : I don 't want to lead you astray . COMMISSIONER TALESFORE: In all these years. JOEL PAULSON: But looking at should someone be able to have a window that has a white casement where you 're talking about from the valley floor , a 2 " per i meter around it with grids, is that something that we should be l ooking at? Or if it 's 2x6 trim that 's white or beige , is that really going t o be that v isible from the v alley floor? So I think there are a lot of options there that we can look, but (inaudible) cap. COMMISSIONER TALESFORE : Or where they could be, if it was may be the fro nt o f the house would be less intrusive than the bac k o f the house , but who 's going to be watching all this stuff? LOS GAT OS PLANNING COMMISSION 10 /21 /2 015 Hillside Development Standards and Guidelines Study Session 69 1 JOEL PAULSON: We want the 360-degree color as 2 well as the architecture. 3 COMMISSIONER TALESFORE: Right. But I think then 4 there was one thing in here about the LRV and the average, 5 and this whole thing about some applicants have expressed 6 concerns to Staff regarding application of this 7 requirement , "New homes would have light colored trim," but 8 then it goes on to say, "A new a cces sory structure or 9 10 addition to a n existing residence constructed ," t his is on 11 page 3 of the report , "prior to the adoption of the 12 Hillside Development Standards and Guidelines would need to 13 conform to the LR V requirements requiring painting or 14 changing the materials for the entire house to meet the LRV 15 30 and having the addition that 's ," blah , blah , blah , "the 16 17 18 19 20 21 22 23 24 25 different color, and this would result in significant added cost to the homeowner ." They would probably have to do that anyway if they were repairing or adding onto their home, because when your house is already painted, it hard to match that color, and most people end up painting the entire house. So to me that 's just not a comp el ling reason . JOEL PAULSON : Th a t's a pretty common t hing we hear. It 's the same thing with the white casement windows , LOS GATOS PLANNING COMMISSION 10 /21 /20 15 Hillside Development Standards and Guidelines Study Session 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 18 19 20 2 1 22 2 3 2 4 2 5 so we 're going to make them replace all of their windows t o an LRV casement of less than 30 when they 're changing out o ne window. We see things that are just at the building permit lev el, and we have a number of houses if it was built before 1997 they don 't have th e deed restriction . COMMISSIONER TALESFORE: Right . Well, then those would be on a case -by-case . JOEL PAULSON: Sure, but we have a lot of those cases. COMMISSIONER TALESFORE: Do you? JOEL PAULSON: Yes. Right now the requirements are that all exterior materials must be LRV 30 or less, and so we 're looking at those on a case -by-case basis , but it 's just one of those issues that as we move forward. And even any house from 1997 to 2014, some o f them have white trim, some of them have white windows, and they hav e the deed restriction. COMMISSIONER TALESFORE: I think if you go in the hillsides you 'll see that not all homes are brown either . JOEL PAULSON : Very true, and some of that is because they 're more re q u i red to meet the LRV , because they d i dn 't have the deed r estri ction from timing . LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 7 1 1 COMMISSIONER TALESFORE : Right . And how can we 2 follow? We can 't be enforcing that . How do we even check 3 all of that? I mean , really . It 's hard to mo nitor . 4 JOEL PAUL S ON: It is hard to mo nitor. 5 COMMISSIONER TALESFORE : That 's where I talked 6 about the responsibility, and what Rob brought up about 7 we 're tryi ng to mak e applicants aw are and respo ns i ble . We 8 could have them sign a document, I don't know. 9 You know what? I can 't go on , so I 'll submit my 1 0 other comments in writing, okay? 11 I have to leave . Thank 12 y ou . 1 3 VICE CHAIR BADAME: Thank you , Commissioner 14 Talesfore for your c o mment s, and we will see you nex t time . 1 5 I will look to Commissioner Erekson; I believe y ou had your 16 hand up . 1 7 1 8 1 9 20 21 22 23 24 2 5 COMMISSIONER EREKSON: To the Staff, we h ave public testimony about the impact of different materials on reflective value using the same paint color or whate ver, however you look at it. I need help understanding how I should think about reflective value and variation in materials, and how to think about reflectiv e v alue and different a rchitectural styles . I'd like he l p in understanding h o w I should think about the trim issue and LOS GATOS PLANNING COMMISSION 10/21 /2 015 Hillside Development Standards and Guidelines Study Session 7 2 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 14 15 16 17 18 19 20 2 1 22 23 24 25 the full body of the house, and the roof and the body of the house. If I should think about those t ogether, if I should have it together, if I should think about it differently, and what the differential impacts of those are . I might suggest that we have a consulting architect for the Town who has a lot of experience in the Town, and it might be useful or helpful to ask him to comment on some things about architectural style and those kinds of things . They would be impartial. I 'm not suggesting that other architects who represent other projects aren 't objective , but the consulting architects essentially work f or the Town. So that 's one comment about colors. One general comment I have about people being concerned about their having the expense of it, any action taken by the Town to change a standard or a guideline is a moment in time, and it mo v es forward, and there are reasonable ways to grandfather the past, and reasonable reasons to grandfather some of the practices in the past that aren 't the best practices going forward . But to the extent that we have wisdom and we want to reshape something going forward in the future as people LOS GATOS PLANNING COMMISSION 10/21/2 015 Hillside Development Standards and Guidelines Study Session 73 1 2 3 4 5 6 7 8 9 10 11 1 2 1 3 1 4 15 1 6 1 7 18 19 20 21 22 23 2 4 25 make changes, I think they should be expec ted to update those things. We can 't go t hro ugh the hillside and tell everybody to repaint all their homes by six months from now , but as changes occur I think it 's reasonable to think about trying to adopt a new standard. I t doesn 't bother me particularly to adopt a new standard; that happens all the time . Building codes change, people have to update things, that happens all the time , so that 's not a new problem . The other thing I would like to say is Davidon Homes has been used, and a particular projec t in town has been used, as an example over and over and over in the context of these discussions . I 'd just like to say for me this discussion is not about one deve lopment, not about one deve l oper , and so I think we don 't want to over -utilize and potentially victimize one person or one developer. They may be doing a good job and they may be not doing a good job, I don 't know , but that 's really at some level irrelevant to these discussions . I f there are issues wi th that one particular development with r espect to t oday 's s tandards or future standards, that's really n ot part of this discussion . We should be thinking about what 's right for the Town and right for the hillsides of the Town, b ecause LOS GATOS PLANNING COMMISSION 10/21 /2015 Hillside Deve lopment Standards and Guidelines Study Session 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4 25 that represents only a v ery small portion of the hillsides of the Town . So that 's two generalized comments . The other comment , I 'm going to make some comments about trees , if that 's okay . VICE CHAIR BADAME: Of course. COMMISSIONER EREKSON: Trees are obviously liv ing things, and as people are, some trees are healthy, some trees are not as healthy, and all trees, all trees, have a lifespan. When we 're doing any kind of visibility analysis and the coverage , we 're viewing it at a moment in time , at a moment in time in the history of the Town, and a moment in time of the lifespan of all of those trees. I 'm trying to figure out how if I should think about leaving out sparse canopy trees, for example, or leaving out trees that are in poor condition as counting toward the ... Should I ask the arborist tell me t he average, tell me the remaining life expectancy of every tree also? Hypothetically a tree could be in reasonable good condition and have a very short life expectancy left too , so it 's n ot clear to me how we can exclude trees that are there just because they have something, because we need to be in the business ultimately of reforestation in the Town and LOS GAT OS PLANNING COMMISSION 10 /2 1 /2 015 Hillside Development Standards and Guidelines Study Session 75 1 replenishing the trees, because all trees will die. All 2 trees do die, and we need to replenish them. 3 I 'm intrigued by t h e deed re s triction ide a in 4 propert ies so that if we have a particular. .. Whatever 5 standard we have, whatever that standard is, without 6 worrying about what that standard is for the moment, and we 7 apply that standard and someone passes the standard, then 8 can we create an ongoing responsibility in the hillsides 9 10 for that homeowner , for the owner of that property, to 11 maintain that by some sort of deed restriction on that so 1 2 that they replenish and reforest, which is going to have to 13 be done, no matter whether they pass the thing, whether 14 they were way up here passing it or just barely stretch b y ? 15 We all know the tree s are going to die some d ay , so I 'm 16 17 18 19 20 21 22 23 24 25 intrigued by how we do that . I also don 't know fully how to understand how I deal with the fact that someone is going to be doing a project at a moment in time , we 're going to take visibil i ty ana l ysis at this moment , and t hat 's at a particular season of the year. So do we use as the standard the least amount of coverage that is provided by a tree and the season the most amount of cov erage is, irrespective of when the project is being ... or some average of that over time to give LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 76 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 1 4 1 5 1 6 1 7 1 8 19 20 2 1 22 23 2 4 25 the most expo sure or the leas t exposure or some a v erage of t ha t , or do we take the moment in time when they 're making the proposal? I can 't figure out how to sort all t ha t out fo r myself. If we 're using the least coverage as the standard-I 'm n ot suggesting we should , I 'm just using that as an example-and we were nine months away from the least coverage, then how is it fair ? How do we judge fairness with having someone postpone moving forward on a project simply because, for examp l e, t hey cou l dn 't get f inancing ? All kinds of reasons happen t ha t di ctate when you 're trying to do somethi ng, s o how do we deal with that issue and make it both represent what we want it to d o with protecting the hillsides and v iews, but not being unreasonable and unfair to people who are trying t o dev elo p pro pertie s? I can 't figure out how t o sort all that out for my se l f. I probably have lots of other thoughts , but I 'll let it go at that . VICE CHAIR BADAME : Thank you, Com missio ner Erekson . Any other comments? Commissi oner Kane . COMMISSIONER KANE: I was talking earlier abo ut the concept of trees and landscaping as a tertiary consideration o n v isibility , and I think the point is made LOS GAT OS PLANNING COMM ISSION 1 0/2 1 /201 5 Hills ide Development Standards and Guidel i nes Study Sessio n 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 8 19 20 2 1 22 2 3 2 4 2 5 on pages 2 and 3 of Dr. We issman 's let t er of September 15t h , and when I say the point is made, I mean philosophically. "Providing landscape screeni n g is not a n altern ative to reducing b u ilding he i ght or selecting a less visible s ite .u Now I bel i eve the r e he 's quoting a mee t ing of t he Planning Commission from 2009 or thereabouts , it doesn 't matte r. What matters is-and I 'll follow this up in writ i ng-he captures the aspect of visibility not to be compromised with trees and bushes, which as Commissioner Erekson points out may be tempo rary , and he 's interested in the contract for maintaining that kind of flora. That 's good , but we don 't police folks and we don 't always know what happens on construction sites , and we don 't have a daily reference to a tree that 's healthy and a tree that 's suddenly falling down. Wh at I'm going to write in terms of my thoughts is not to put an emphasis on screening, but rather put an emphasis on the purpose of the Hillside Guidelines . By the way , if we were taped tonight I 'd like a copy of Commissioner Tales fore 's opening remar k s . I was over here weeping . Wanted to stand up and cheer , and I 'm reasonably serious, because she put it really well as to what our job is , as long as we have the job , and it 's to LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 9 20 2 1 22 23 24 25 protect . I don 't want to namedrop , but I used to talk t o Wasserman a lot when I was new, and I said I don 't wan t th is, and I don 't want that . He said , "We have an obligation to the people that exist, but we also have an o bligation to t he people yet to come that we welcome them.n So there are two considerations t here , and I don't want to bury the second consideration about our future citizens, but I also don 't want to give away our purpo se in protecting the hills, and Joanne said it really we ll. I won 't try to repeat it, but I would think that 's why we 're all up here . So time shall not erode the equity and we ought not let our language get eroded for what the purposes were back in the ~arly 2000s or the first draft came up in 1997 . I liv ed through some of that period, and what happens to prohibitive language is erosion and new precedent setting, and now we 've got a house divisible , so why can 't I have a house divisible? I made a comparison in the Marat /Sade scene where the guy finally walks in and says, "Marat , may I keep this king?n I mean things erode , and I 'd like to think that what our missi o n is on looking at at least these two prov isions o f the hillside is to stop the erosion, and where and as appropriate return to the original intent, LOS GATOS PLANNING COMMISSION 10 /2 1 /2 015 Hillside Development Standards and Guidelines Study Session 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 9 20 21 22 23 24 25 which was t o protect the hillsides, and if that means we have to become mathematicians on 24.5%, however nothing to exceed 35%, that 's all gamesmanship and chess . If we had strong discretionary language as is on those two pages I referenced, then maybe we could beef it up a little bit in going forward in the future. I d o n't know how we can address this. What concerns me the most when I sit up here is the heartbreak of the new neighbors not getting what they thought they were going to get. Our job is to be impassionate. If there was a way that we could say every body who goes up there has to get a copy of this stuff, so they know that some of it is onerous , and if you're a normal citizen and y o u read it for the first time, you'd think it 's ridiculous. And if you 're n ew a n d you just paid a gazillion dollars to get what you want, it's not fair to see these things . So I wish we could deal with not the homeowners, but those who prece de the homeowners to say please ensure that the folks know what they 're up against . Just like she said, when you move into an Historic District, when you move into the hillsides, we have the s e things, and I don 't want to disappoint and I don 't want to hurt , but I wish everybody knew what is up in LOS GATOS PLANNING COMMISSION 10 /2 1 /2 015 Hillside Development Standards and Guidelines Study Session 80 1 2 3 4 5 6 7 8 9 10 11 12 1 3 14 15 16 1 7 18 19 20 21 22 23 24 25 front of us so they don 't look at us like we 're idi ots , and if they do it 's understandable , because they don 't u nderstand where it came from , they don 't understand why we have it , and they don 't understand what it is . And when we try to be good gov ernment, our fi rs t priority should be communication with the people to know what it is. Everybody who goes to court has a lawyer, and this lawyer says that , and that lawyer says this , and it 's all about persuasion . So when you have a vested interest you could sound persuasive, and the homeowners may or may not be able to see through that , or not hear what they 're being told, and I wish there was a way we could write language and get signed receipts on Hillside Standards and Guidelines from every new Los Gatos c itizen, our new neighbor who is going to move up there, that they know what we have. And maybe the same thing for the Historic District as well. It really bothers us. It did me ten y ears ago, and it does now , that people can 't get what they thought they play wish were go i ng to ge t because a bunch of guys are going nickel and dime . We 're not playing nickel and dime; we had a better way of communicating that. Okay. LOS GATOS PLANNING COMMISSION 10 /21 /2 015 Hillside Development Standards and Guidelines Study Session to I 81 1 2 3 4 5 6 7 8 9 1 0 11 12 13 1 4 15 16 17 18 19 20 21 2 2 23 2 4 2 5 VICE CHAIR BADAME: Thank you, Commissioner Kane. Commissioner Hanssen. COMMISSIONER HANSSEN: I know we only have a few minutes left, but I appreciate all the comments of my fellow commissioners and I think they 're all good ones . My general feeling about where we stand right now is that the Hillside Guidelines were developed some time ago, and then t here is this couple of specific things that we 're being asked to look at in terms of modifying the documents . I didn 't speak earlier about the trees , but in the case of trees and also the color analysis I think the proposed language that the Staff has created in both cases generally provides more clarity and specificity to the existing document and would be more helpful to the Town . The only question that remains is in the case of the color analysis, adding in the entire surface of the house versus just the main body color of the house does create some issues about the a v eraging and what happens ; I brought those up earlier. In the case of the trees, I love what Staff a lready came up with . I wondered if we wouldn 't benefit from hav ing a little bit more time, because I think Dr. Weissman and Ms . Quintana put a lot of time into their LOS GATOS PLANNING COMM I SSION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 thoughts on it , and we didn 't really get t o go through each of the questions that were in our packet for today . I 'd feel better if we ac tually did talk through a couple of those questions and have a consensus from the Commission about it, because I think that to not go forward with this is a mistake, because it 's going to add specificity where we don't have it now , and even in the current state without amendments it 's going to make it easier to determine how to do a viewing analysis, for example, better. VICE CHAIR BADAME: Thank you, Commissioner Hanssen. We are out of time, and I see Commissioner Erekson nodding his head, as if in agreement that maybe another study session is warranted? Commissioner Erekson . COMMISSIONER EREKSON : I 'd like to add one real quick thing for the Staff. I am concerned about how if we continue to use a percentage of visibility how we should think about larger homes versus smaller homes. I 'm n ot sure , Vice Chair Badame , that we need another study session, but I did find the questions that were in the Weissman/Quintana thing very helpful. Whether I agree with their answe rs or not is in question, but I thought the questions were right on and I thought they were LOS GATOS PLANNING COMMISSION 10 /2 1 /20 15 Hillside Development Standards and Guidelines Study Session 83 1 2 3 4 5 6 7 8 9 10 11 1 2 13 1 4 15 16 17 18 1 9 20 21 22 2 3 2 4 25 very thoughtful responses, and they caused me to think about some of my answers. I think if the Staff could structure the item, as they often do when it 's agendized , a gain , and careful l y walk us through the questions, and we did that deliberately that we could accomplish both objectives at the same time without having another session and then moving this further and further out into the future . VICE CHAIR BADAME: Thank you . That was my thought process as we l l . So at this point I 'd l ike to thank Staff f o r their proposed draft and modifications . This is becoming e v en more complex with more information, so I am confident that the Planning Department will welcome any email suggestions o r inquiries fro m Commissioners and from the public and take those into consideration and respond to us at our Planning Commission hearing when we are ready to take action as far as a motion on these items. Does the Staff hav e any thing to add to t hat before we adjourn? LAUREL PREVETTI: We should probably continue this meeting to a date certain, and I think giv en the questions that were asked in th e Staff anal y sis th a t 's going to be needed, probably the December g th would be the meeting that we would be prepared to come back. LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 84 1 2 3 4 5 6 7 8 9 1 0 11 1 2 13 14 15 16 1 7 18 19 20 21 22 23 24 25 VICE CHAIR BADAME: So you are recommending that we do another session , in essence that it 's continued? LAUREL PREVETTI: No, not to a study session, but t o your regular session that 's scheduled for December gth , the 7 :00 o 'clock hearing. VICE CHAIR BADAME: Okay. Commissioner Kane. COMMISSIONER KANE: Give me a sense of what you see the agenda as being for November and December. We hav e two months where-you now what I 'm going to say-people want to build houses, they want to do this , they want to do that . I hate delaying. I 'd sooner meet on Christmas Eve if I had to rather than make them wait another month . We shouldn 't do that . But this particular subject may take a long time . We 've been here two hours and maybe we 've scratched the surface, and may be we're done, because three of us are missing , and you know how much we talk . I 'm not opposed to a study session . Getting here at 4 :00 o 'clock is like ripping off epidermis , I work, but I 'd rather do that , and of course it 's up to you , you can recommend. If we have agendas for people that are waiting to get things done, I would look to making the effort, the sacrifice , to get here for a study session and keep on do ing what we 're doing , LOS GATOS PLANNING COMMISSION 10 /2 1 /2015 Hillside Development Standards and Guidelines Study Session 85 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 1 7 18 1 9 20 21 22 2 3 2 4 2 5 because i t 's really i mp ortant , and i t 's i mportant that we get it right, but not at the expense of applicants who want to get things done. LAUREL PREVETTI: And we certainly appreciate the consideration and balancing the long-term protection of our community, as was articulated by many of the Com missioners this evening, with those applicants that are currently in process. Please know that we are continuing to process the applications that are before us given the current guideline standards and ordinances, and please know that ultimately it 's the Council that will h ave to make any d ecision s on the changes to the guidelines, so even if the Planning Commission and Staff could work as expeditiously as possible, there would still be the calendaring and the decisions that the Council would have to make. I would say that if you would like another study session, our ability given our workload and staffing, would still puts us in December. December 2 nd could be a opportunity for another study session to work through the questions and any additional Staff recommendations. COMMISSIONER KANE: I don 't want t he r e st of t h e Commissio n to h at e me , but I 'm just say ing we h a v e one LOS GATOS PLANNING COMMISSION 10/21 /2015 Hillside Development Standards and Guidelines Study Session 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 18 19 20 21 2 2 2 3 2 4 2 5 meeting in Nov ember and one meeting in December, and if this subject was to be one of those meetings, people are going to be waiting until February to build houses . LAUREL PREVETTI: They 're not waiting , because we already hav e guidelines and ordinances that can get them through the process now . I know we have one housing builder who is eager to see resolution on color averaging, as you 've h eard in prior testimon y , but there are ways to keep t he process go i ng . I t 's just tha t wi th the i s su e s that were raised tonight, and given the projects that are already scheduled for your consideration , it 's g oin g to take some Staff work, and so a special meeting on December 2 nd is one opt i on . I don 't k n ow if we wo u ld be ready in November . We have the holidays. COMMISSIONER KANE: Madam Chair? VICE CHAIR BADAME: Yes, Commissioner Kane. COMMISSIONER KANE: Can we ask and see if December 2 nd is acceptable to Commissioners present? VI CE CHAI R BADAME : Well , yes , g o ahead . I 'm kind of concerned that we 're missing three Commissioners . I 'm just wondering if we do a poll at a later date, but we can certainly ask the Commissioners present . Commissioner Erekson. LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 87 1 COMMISSIONER EREKSON : My guess is that the 2 complexity of this and the number of questions that one 3 needs to wade through could easily take from 7:00 to 11 :30 4 on a particular night . In response t o Commissioner Kane 's 5 concern, it might be appropriate to think about scheduling 6 a special meeting of the Commission just for this topic and 7 not agendize anything else for that, and even if that were 8 December 2nd and the Staff could be ready by that point in 9 1 0 time. But I 'm not presuming that they could , because I 'm 11 sensitive to the fact that our planning Staff are 12 leaderless at this moment. 13 VICE CHAIR BADAME : Commissioner Kane, does that 1 4 sound agreeable to you? 15 COMMISSIONER KANE: How does it differ from ... I 'm 16 not sure. Let 's do something on December 2nd . 17 18 1 9 20 21 22 23 24 25 VICE CHAIR BADAME: Would it be open for public communications? JOEL PAULSON: Yes . We can continue it tonight to December 2nd. We'll poll the rest o f the Commission . We 'll send out an email this week, and then we 'll also have to check availability of the chambers. VICE CHAIR BADAME: Commissioner Hanssen . LOS GATOS PLANNING COMMISSION 10/21 /2 015 Hillside Development Standards and Guidelines Study Session 88 1 COMMISSIONER HANSSEN : I 'm available on the 2nd. I 2 would prefer it to be a special meeting . I think that we 3 should try to adv ance this forward and make a decision, 4 because we could spend many, many meetings just discussing 5 it, and I think we should put that on the agenda. But I 6 think the idea of making it a separate meeting from other 7 agenda items, because I do think it will take a few hours 8 to get to a motion that we can have consensus on . 9 VI CE CHAIR BADAME: Agreed. 10 COMMISSIONER KANE: Motion to continue to ... 11 12 VICE CHAIR BADAME: Well, we 're n o t making a 1 3 motion though, or are we making a motion? 14 JOE L PAULSON : You're going to make a motion to 15 continue t h is item . 16 17 18 19 20 21 22 23 24 25 VICE CHAIR BADAME : All right, let 's make a motion to continue the item to December 2nd, the date certain . ROBERT SCHULTZ: At what time? VICE CHAIR BADAME : 7 :00? COMMISSIONER KANE : 6:00? VICE CHAIR BADAME: 6:00? COMMISSIONER EREKSON : I 'll s econd the motion if it 's 7 :00 o 'c lock. LOS GATOS PLANNING COMMISSION 10 /21/2 015 Hillside Development Standards and Guidelines Study Session 89 1 VICE CHAIR BADAME: Wait a second. 2 COMMISSIONER KANE : 7 :00 o 'clock is what you 3 want? 4 VICE CHAIR BADAME: Commissioner Kane said 6:00 5 o 'clock . 6 COMMISSIONER KANE : 7 :00 o 'clock , I 'll second t he 7 motion. 8 VICE CHAIR BADAME : All in favor? I 'll call the 9 1 0 question. Unanimous. All right, do we have any further 11 reports from Staff? 12 I have one Commission matter, and I would just 13 like to do a shout-out to a gentleman sitting in the bac k 14 row and wish him a Happy Birthday tonight. He comes to all 15 of our hearings and he 's here tonight on his birthday, so 16 17 18 19 20 21 22 23 24 25 Happy Birthday. There are two of you back there, so you figure it out. The meeting is adjourned. LOS GATOS PLANNING COMMISSION 10 /21 /2015 Hillside Development Standards and Guidelines Study Session 90 To: Planning Commission, Study Session of October 21, 2015 From: Dave Weissman, Lee Quintana Re: Proposed draft for Visibility Calculations We h?ve started with Staffs draft template, as presented at the PC meeting of August 26, 2015, and expanded it to try and include all of those issues and areas that both the TC and PC expressed an interest in during several public hearings. Additionally we have tried to remove as much ambiguity and subjectivity as possible since several PC members e x pressed such concerns. VIEW METHODOLOGY AND ANALYSIS METHODOLOGY Instillation of story poles: • Install story poles per adopted Town Policy Timing of story pole instillation : • A&S: Early in staff review • PD : Prior to determination of the LRDA, since visibility is identified as a constraint to be considered when determining the LRDA Identify points from which analysis shall be done: • Determine identified viewing platforms to use • Identify alternate viewing platform(s) from valley floor • Identify vantage points within hillsides If after story poles are installed, staff concludes that the development will be less than 10% visible, no further visual analysis is required Photographs: • Equipment: Photographs of the project site shall be taken with a 300 mm or longer lens using a tripod. The 300mm or longer lens will facilitate the identification of individual trees and the tripod will ensure a quality image • Ambient conditions: Photos shall be taken during the time of day and a111bient light conditions that provide the best visibility of the site • Photographs shall clearly show the story poles and/or house and subject property Timing of Photographs: •Significant dead branches shall be removed from on-site trees before photos are taken 1 • Evergreen trees only: Photos may be taken anytime of the year if only (native) evergreen trees provide screening •Deciduous trees: Where (native) deciduous trees provide screening, photos shall be taken during maximum summer leaf-out2 and maximum winter leaf drop.3 EXHIBIT 6 1 Processing of photographs: • Download color photographs into Photoshop, or a similar application, and enlarge the story pole area to almost completely fill an 8" x 11" sheet of paper. • Tones and contrast shall be adjusted to maximize the visibility and identification of the individual trees that may afford screening for the proposed project. • No other Photoshop changes shall be permitted. Trees that shall be counted as screening trees are: • Native to the immediate site • Naturally occurring (not planted or proposed as landscaping) • On-site • Have a preservation suitability rating of "fair /good, good, or excellent", as determined in the consulting arborist's final tree report • Recommended for retention in the consulting arborist's final tree report • Subject to "low" (or no) construction impacts, according to the consulting arborist Trees that shall be counted as providing partial screening: • Native deciduous trees shall be credited with 60% of screening4 • Trees with sparse canopiess. 6 Trees that shall not be counted as screening trees are: • Trees requiring more than 15% pruning to make way for construction • Trees subject to potential "low /moderate, moderate or sever" construction impacts according to the consulting arborist's final tree report • Trees that have a "poor, poor /fair, or fair" preservation suitability rating according to the consulting arborist's final tree report • Trees that are to be removed, or that are injured or harmed during any construction or grading activity, even if the latter two are incidental occurrences ANALYSIS Provide the following color photos: • Photographs that label : 1. Trees that provide screening on-site when viewed from the viewing platforms/vantage points toward the project site 2. A photo that physically removes, through photo simulation, those trees that shall not be counted as screening and indicate which trees provide partial screening • Three-dimensional illustrations or photo simulations of structure may be required when determined necessary by the deciding body to assist in visibility analysis Determination : • Calculate the percent visibility of proposed structure(s) for each of the above 2 photos • If any one elevation of a house (plus related structures) is 25% or more visible, 2 rounded to the nearest whole number, the maximum height shall be 18' 1 Such dead branch removal is also part of the HDS&G defensible space guidelines z Overall health of deciduous oaks can only be assessed during full leaf-out, usually in early summer' 3 That will reflect visibility during the late fall-winter months 4 Since such trees are with leaves for approximately 60% of the year s usually reflective of poor baseline health of that tre~ and poor, long term viability 6As an example, if the solid "block" outline of a tree screens 300 square feet of a proposed structure's elevation, but the actual tree would only provide an estimated 30% screening of that structure because of its sparse canopy, then the applicant gets "credit" for 90 square feet. Other items to consider for discussion and/or inclusion in VIEW METHODOLOGY AND ANALYSIS 1./s the 25% visibility cutoff too generous? Story poles, when viewed from 1.3 to 3.4 miles away, are essentially invisible to the naked eye. In contrast, completed houses, such as the house on Highland's Lot 6, are readily visible because of size and mass, even if their visibility is less than 25%. The HDS&G speak to this issue on page 15: "The visual impact of buildings or portions of buildings that can be seen from the viewing platforms 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." OUR PROPOSAL: Reduce the percentage visibility threshold to 15% since the Highland's Lot 6 house, for which no visibility analysis was required by Staff because, we assume, it was less than 25%, is, nevertheless, readily visible to the naked eye from Los Gatos Blvd . This observation supports that the 25% threshold is too high and should be lowered. 2. Should visibility calculations also consider the square footage of the elevation that is visible ? In other words, a 5,000 square foot house might have 20% of its elevation, or 1,000 square feet, visible from the valley floor . Such a house would be permitted under the present code. But a 500 square foot house, situated in the middle of a hillside clearing, might have 100% of its elevation visible to the valley floor and not 3 be permitted, despite being less of an eyesore in the hillsides. In fact, it is the smaller house that is more sustainable and should be encouraged (HDS&G, pages 9 & 33). The present system favors the bigger, less sustainable, more visible house. OUR PROPOSAL: That the PC discuss this topic and modify the code to be more reflective of the goals and objectives of the HDS&G. Consider the "big picture." 3 . Should the all important visibility calculations be peer reviewed by an outside source who has no potential conflict of interest with the applicant? This is, possibly, the single, most important number generated in any hillside application with a potential visibility issue and should be peer reviewed, not because we don't trust the applicant but because people make honest mistakes. The Town chooses the consulting arborist and staff requires peer review of submitted documents and studies all of the time. These important visibility documents should be no different. OUR PROPOSAL : Require peer review of any critical document, such as a visibility study, especially where the initial evaluation was done by a company chosen by the developer. We also have a quick comment on LRV averaging. Staff proposes the following: "Exterior material colors ... may use color averaging of all exterior. materials to meet the maximum light reflectivity value of 30 .... " It thus appears that an applicant could have a house with sides of LRV 5 but a roof with LRV of 90, but because of averaging of areas, the overall LRV would be below 30 even though the roof would be extremely visible. Plus what is averaged? Just the elevation facing the valley floor or all 4 sides and roof of the house? Since the HDS&G call for hillside homes to blend with the natural environment, it seems to us that every part of the proposed house should blend with the hillsides . One only has to look at the built house on Lot 6 in the Highlands to see what visibility looks like from the valley floor along Los Gatos Blvd. 4 PC Study Session 10/2 1/2015 To : The Pla nning C o mmi ssi o n Fr o m: L ee Quinta na Date: O ct 21, 201 5 S ubject: Revisions to HDS&G -Vis ual Analys is DELETE FROM GLOSSARY Lee Quintan a DELETE VISIBLE HOME FROM G LOSSAR Y MOST PEOPLE KNOW THE DEFI NITION OF VISIBLE. THE BOD Y OF THE HDS&G SHOULD PROVIDE SUFFICIENT D IRECTION WITHOUT HAVING TO REDEFI NE THE MEANING OF VISIBLE. DELETE VIEWING P LATFORM FROM GLOSSARY AND TEXT AND SUBSTITUTE VANTAGE POI NTS-WITH CURRENT LANGUAGE VIEWS FROM VANTAGE POINTS NOT ON THE VALLEY FLOOR TEND TO BE IGNORED WHEN IDENTIFYING POINTS FROM WHICH VISUALANALYSIS SHOULD BE DONE . 25% ORIGIN AND REASON BEH IND THE 25% CR ITER lA APPEARS TO HAVE BEEN ADDED AT THE LAST MINUTE. (AFTER AT LEAST 5 DRAFTS) IT IS NOT CLEAR WH Y % OF VISIBLE ELEVATION WAS CHOSEN , HOW OR WHY 25 % WAS CHOSEN AS THE CUT OFF, OR EVEN WHETHER ALTERNATIVE METHODS WERE CONSIDERED. (SEE HANDOUT) ALTERNATIVE TO CONSIDER-AND I'M SURE THERE ARE OTHERS : a. DECREASE THE PER CENT OF VISIBLE ELEVATION ALLOWED AS USEABLE OR POTENTIALLY USEABLE SQUARE FOOTAGE INCREASES . THIS WOULD INCLU DE SPACES THAT ARE NOT CURRENTLY PROPOSED AS USEABLE SPACE . THIS WOULD INCLUDE CELLARS , BASEMENTS AND OR SPACES SHOWN ON THE PLA NS AS CO VERED BY A ROOF-SPACES THAT COULD EASILY BE CONVERTED INTO USEABLE INDOOR SPACE WITHOUT C HANGING THE EFFECTI VE BULK OF THE PROPOSED PROJECT b. PER CENT OF TOTAL OF RIDGELINE LENGTH Example : If the tot al ridgeline f acing a vantage point is 7 5' long only 25% (o r X %) of the length of t he ridgeline could be visible , i.e . 18% c. PER CENT OF ROOFLINE ELEVATION: EXHIBIT 7 1 PC Study Session 10/21/2015 Le e Quintana Example : If the total square footage of the roof elevation facing a vantage point is 1000 sq . ft. only 25% ( or X %) could be visible, i.e. 250 sq . ft. d. ANY OF TH E ABOVE. e. OTH ER POSSIBILITIES CLARIFY DISCRET ION OF PCITC CLARIFY OR CLEARLY STATE THAT WHATEVER LANGUAGE IS ADOPTED REGARDING VISIBILITY AND THE VISIBILITY ANALYSIS THAT MEETING THAT CRITERIA IS NOT A GUARANTEE THAT THE PROJECT WILL BE APPROVED. APPROVAL OF ANY PROJECT THAT COMES BEFORE THE PC OR TC IS A DISCRETIONARY DECISION AND THE TOWN IS NOT REQUIRED TO APPROVE ANY PROJECT IF THERE REASONS NOT TO. THERE ARE MANY OTHER FACTORS THAT GO INTO A DECISION. A PROJECT SHOULD ULTIMATELY BE JUDGED AS A WHOLE ON WHETHER IT IS CONSISTENT WITH THE TOWN'S GOALS AND OBJECTIVES. A PROJECT THAT PUSHES A NUMBER OF STANDARDS AND GUIDELINES TO THEIR TECHNICAL LIMIT MAY NOT MEET, IN FACT MEET THE INTENT, OBJECTIVES, GOALS, OR VISION OF EITHER THE GENERAL PLA 2 PC Study Session 1 0/21/201 5 Lee Quintana GLOSSARY-HISTORY OF CHANGES TO AFFECTING VISIBILITY ANALYSIS TO HDSG SUMMARY OF CHANGES (FLOOR AREA , VISIBLE, R IDGELINE) Floor Area. (Deleted) o Originally listed both what was counted and what was not counted (Dec. 2001 Draft) • Deleted and replaced with Floor area, gross (Sept. 2002 D raft) Floor Area, gross. (Added Sept 2002 Draft) • Replaced Floor area above • Lists only what is excluded from floor area calculations • Added Barns. and Garages up to 400 sf (Dec. 2003 Draft) Vi sible. That which can be seen (Deleted) • Deleted after Preliminary Draft Dec. 2001 ) Vi si ble home. (Added) • Added to Dec . 2003 Revised Public Review Draft • Text added : A single family residence where 25% or more of an elevation can be seen from any of the Town 's established viewing platforms (See Chapter II , section B). (emphasis added ) Ridgelines (Added , deleted and then added back ) • Added Sept., 2002 Draft • Deleted Oct., 2002 Draft • Added back March 2003 Draft Thees and other definitions or changes to definitions would appear to favor allowing homes with larger usable floor area, more effective bulk and greater visibility. 3 PC Study Session 10/21 /20 15 Some applicable sections of the HDS&G il. Constraints analysis and sit e selection • Page 12 ll.A.1. Lee Quintana 7th bullet: Visibility from off site ; and last bullet: (emphasis added) last bullet: Significant ridgelines (emphasis added) Page 5 . Forward · 4th Bullet: The illustrations provided in the HDS&G are schematic and meant to show the intent of a standard or guideline. Page 6 . A. Vision Statement. All bullets, particularly 5th bullet: Protects and preserves viewsheds and the ridgelines of the mountains Page 6 . B. Overview All bullets , particularly the 1st bullet and the last phrase of the 3rd bullet." ... , and minimize changes to the visual quality of the hillsides. Page 6. C . .G.QgJ_ Page 9 . Objectives of HDS&G (all) but in particular 4 . Maintain the natural appearance of the hillsides from all vantage points including the valley floor. (emphasis added) 5 . Protect ridgelines from development 6 , 7 , 9 ,10,11 4 To: Planning Commission, for meeting December 2, 2015 From: Dave Weissman, November 24, 2015 Re: Visibility analysis methodology At the prior PC meeting of September 23, 2015, visibility analysis methodology was considered, and helpful testimony was provided by the Town's consu lting arboris t. Topics discussed included what constitutes a healthy tree, how significant are construction impacts from any source, and how have 4 years of the most extreme drought inCA history in, at least, the last 1,000 years, all played into these considerations. Since that meeting I have found new information that addresses some of these issues and, I believe, should be incorporated into the guidelines b eca use they would give a firm, objective scientific foundation for these revised standards. 1. There was testimony by the consulting arborist that the drought has had a significant negative impact on the trees in the Town's hillsides, especially blue oaks. While no one can predict the long-term effects of the drought, discussions before the PC assumed that if and when rains come, many if not most stressed oaks might recover. This issue was recently addressed in an October 20, 2015 article in the LA Times (http : //www.lati mes.com /local/california /la -me-dying-forests-201510 20- s tory.html) that discussed studies by Greg Asner, a scie ntist with the Carnegie Institution for Science. His basic findings were: a. This drought may kill 20 % of California's trees. Under normal conditions, forests lo se between 1% and 1.5% of their trees annually. b. Low elevation forests are in greatest jeopardy. c. Even if the drought were to end in a historic El Nino this winter, the most stressed trees will probably continue to fail. EXHIBIT 8 1 In recognition of this crisis, Governor jerry Brown declared a state of emergency on October 31, 2015, to help California address fire risk from this m ass ive tree die-off. I believe that the take away message should be this: when considering which native hillside trees should be counted as providing screening, their health at the time a n application is being considered, should be the only relevant information. One can opine as to the fate of any tree but the most r e levant information is how the tree is doing at that moment. The rest is speculation. 2. There is an obviously complicated interaction between the health of a tree, the age of the tree, the tree species, its resiliency to habitat disturbance, and the total impacts from construction on the long-term viability of that tree. Such information is critical when discussing which trees should be counted as providing potential screening for a proposed house. What would be most helpful in making such a decision, would be a matrix that could be used in an objective manner. And such a matrix is provided by Richard Harris and colleagues in their widely recognized reference book titled "Arboriculture. Integrated Management of Landscape Trees, Shrubs, and Vines." I have attached the title page and the matrix from page 265 that provides one way to make tree-retention decisions. First off, I exchanged emails with both of the junior authors, Drs. Clark and Matheny, on 11/11/2015. They independently said that if one wanted to apply their matrix to the Los Gatos hillsid es, the relatively disturbance-tolerance species in their matrix, London Plane, could be interchanged with our most common hillside tree, the coastal live oak. And that the more disturbance-sensitive species in their matrix, Beech, could be interchanged with our second most common hillside tree, the blue oak. One can put these guidelines into practice, as follows: when the consulting arborist says in her tree report, that a disturbance-sensitive blue oak has fair preservation suitability and will be subjected to a moderate construction impact, the matrix recommends that this tree be removed. (If this tree were a less disturbance-sensitive live oak, then the matrix recommends preserving the tree.) If the applicant elects to try and save the blue oak, that is their option. But such a tree should not be counted as 2 providing screening because it will most likely die in the near future. The applicant will no doubt argue that they can preserve the tree. But this subjective pronouncement is meaningless given the self-serving interests of the developer. It is best to make such a decision as objective as possible and the attached matrix allows for just that type of decision based on scientific information. Now there are A&S applications where developers have made construction adjustments based on the consulting arborist's concerns and moved retaining walls, decreased grading, etc. These promised changes usually only occur, in a letter to staff, entitled "response to arborist." So what happens now? The project gets approved and construction begins. And nearby trees are affected in the short term, as predicted by the consulting arborist, but don't start to die until the house is completed about 6-12 months later. Then the developer or the new owner applies for a tree removal permit showing the Town arborist the recommendation of the consulting a rborist to remove that tree. At that point in time, how can the Town arborist deny the permit? The tree is in decline and dying and is close to the house, and the Town would have liability if the request was denied and the tree falls on the house and injuries someone. So the removal permit is issued. That's a win for the applicant who was able to count that tree as providing screening. A win for the new homeowner whose view of the valley floor is now improved. But a loss for the citizens of Los Gatos whose hillsides are now less sustainable and scared with another large, visible house. 3 -..,.._ ~--. . ---· Fourth Edition R Arboriculture Int~grated Mam,t.gement of I.aridscape Trees~ S~bs, and.Vmes Richard W. Harris Professor Emeritus Department of E"'vironmental Horticulture I University of California at Davis "'"" .... James R . Clark Vtee p;.esident HortS{;ience , Inc. Pleasanton, California Nelda P. Matheny President HortScience, lnc. Plea sa nton, California lllustrations by Vera M. Ranis P1 l'lll icP I Ldl - Upper Saddle River, New Jersey 07458 ' l ··~ •• 1 ' > . ) . Bl!J!Da Comparison of tree preservation and removal decisions considering species tolerance to disturbance, tree condition, and intensity of impact Intensity of impact Low Moderate Severe Intensity of impact Low Moderate Severe Poor Remove Remove Remove Poor Remove Remove Remove London Plane C~ t, i V€ CA K Tree condition Moderate Preserve Preserve Redesign/Preserve? Beech 0 I<. ~ L L{£ Olt I( Tree condition Moderate Preserve? Remove Remove Good Preserve Preserve Redesign/Preserve? Good Preserve Redesign/Preserve? Remove This Page Intentionally Left Blank