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3.2 Attachment 81 A P P E A R A N C E S: 2 Los Gatos Planning g Kendra Burch, Chair Commissioners: Mary Badame, Vice Chair 4 Melanie Hanssen Torr; 0' Donnell 5 Joanne Talesfore 6 Town Manager: Laurel Prevetti 7 Planning Manager: Joel Paulson s 9 Town Attorney: Robert Schultz 10 Transcribed by: Vicki L. Blandin 11 (510) 337-1558 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTACHMENT 8 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 460 1 P R O C E E D I N G S: 2 CHAIR BURCH: We will now consider Item 3. item 3 3 4 is a public hearing to consider adoption of amendments to 5 Chapter 2, Constraint Analysis and Site Selection; and 6 Chapter 5, Architectural Design of the Hillside Development 7 Standards and Guidelines. e Are there any disclosures by any Commissioners 9 concerning this item? to Mr. Paulson, I understand you're going to be 11 giving us the report. 12 JOEL PAULSON: Yes, I have a brief report this 13 evening. 14 Tonight, as mentioned, we're here to continue the is discussion relating to visibility, methodology, and light 16 reflective value for colors for the hillside. This was last 17 discussed at a study session on October 21" where the 18 Planning Commission asked a number of questions and then 19 20 asked Staff to specifically respond to questions that were 21 included in the methodology document that was submitted by 22 Dr. Weissman and Ms. Quintana. 23 Additionally, the Commission requested 24 information regarding light reflective value, so both of 25 those issues have been addressed in the Staff Report, and .d1 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 2 I we're here to answer any further questions or go through 2 any other documentation that you have. 3 Staff also provided four questions regarding 4 visibility, methodology, and four questions regarding the s LRV, just to get some input or to allow the Commission to 6 discuss those specific items as they're going through. I a imagine in the course of the discussion that most of those 9 are going to be touched on anyway, but we wanted to put to those in the Staff Report. 11 As mentioned before, there is a Desk Item for 12 this matter, and we are available to answer questions. 13 CHAIR BURCH: Does anyone have any questions of 14 Staff about the Staff Report or procedures? Commissioner 15 Talesfore. 16 COMMISSIONER TALESFORE: (Inaudible). 17 JOEL PAULSON: The questions are in the Staff 16 Report for this evening. 19 COMMISSIONER TALESFORE: I have a housekeeping. 20 I've read this more than twice and I wanted to bring it up 21 22 to Staff, and it has to do with two sentences, and I'll 23 tell you where they are. One is in the -September 23`a Staff 24 Report on page 4; it talks about exterior material colors. zs "For homes, with the exception of homes with any elevations LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines N 462 1 that is more than 25% visible from the viewing platforms 2 may," et cetera. 3 But then chapter 2, section 1, page 14 of your 4 Staff Report—Do you have that in front of you?—says, 'A s visible home is defined as a single-family residence where 6 25% or more of an elevation can be seen." So I'm reading the 25% as different in both of e those points. 9 JOEL PAULSON: We can do some wordsmithing and 10 make sure that the language in both of those sections 11 12 mirror as close as possible to each other. 13 COMMISSIONER TALESFORE: Thank you, because 14 otherwise it is a little confusing. All right, thank you 15 very much. That's all I have for now. 16 CHAIR BURCH: Commissioner Hanssen. 17 COMMISSIONER HANSSEN: I had a question about the 1e history of one of the criteria in the guidelines. My 19 question was it was relative to the different approaches to 20 the view analysis, and if I understood it correctly, an 21 correct me if I'm wrong, in today's standards if it is more 22 than 25% visible, then the height has to be restricted to 23 18' instead of 25', is that correct? 24 JOEL PAULSON: That's correct. 25 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 4 I I COMMISSIONER HANSSEN: So what I wondered was 2 (there was a comment in the Staff Report that a smaller 3 house with an 18' elevation would be in compliance, because 4 they're already at 181. What was the history behind s deciding on 18' as height criteria? You'd still see 18' 1.1 from the viewing platform, or a portion of that, and so I s wondered what was behind that? We hadn't talked about that 9 (before, and that seemed to be the only corrective action 10 (for whatever the viewing criteria set, that the height 11 (would have to be reduced by 7' 12 I JOEL PAULSON: We don't have that handy. I 13 (believe there will be speakers tonight that were on the 14 (Hillside Development Standards and Guidelines Committee 15 Ithat may be able to shed some light on that. I think the 16 (point was that if you read the Town Code, it allows 17 actually 30' for hillside residential. However, when the 18 guidelines were adopted, they were adopted with a height of 19 251, and in looking through the visibility analysis I would 20 imagine that they assumed that if something was going to be 21 visible that they wanted it to be single story, and so 18' 22 23 is a fairly common single -story house at this point. 24 CHAIR BURCH: Any other questions? No? All right, 25 we're now going to open the public portion of the public hearing and give anyone who would like to speak tonight LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 5 QomE= 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 three minutes to address the Commission. If anyone has not turned in a card, please do so. The first card I have is Dennis Razzari. Please make sure you state your name and pull that microphone close so we can hear you clearly. DENNIS RAZZARI: Good evening, members of the Commission. I'm Dennis Razzari and I represent Davidon Homes. I appreciate the opportunity once again to speak to you about this. Staff had raised a number of questions and I first would like to respond to those. The current standard on the Hillside Development Standards and Guidelines was for 25%, as we've all been discussing. It's not ambiguous; it's very well defined. It works; it has worked for the Town for 12 -plus years. It's being contested with the result of what Davidon has been doing was the Highlands development, but even with that it's a discretionary approval that remains your purview to approve or deny. I think you have the ability to override that regardless of how the language is amended. Any application that goes before the Commission can be appealed to Council. There are three opportunities, despite what the guidelines say, that allow you the purview to make a decision on that. LOS GATOS PLANNING COMMISSION 12/2/2015 .05 item #3, Hillside Development Standards and Guidelines 6 I The Hillside Development Standards and Guidelines 2 allow for homes to be a maximum of 18' high if they're over 3 25% visibility. Commissioner Talesfore has just raised that 4 question. So that home can be 100% visibility on that 5 hillside if it exceeds the 25%. We've been spending a lot 6 of time on reducing the visibility of these homes based on 7 e whether the trees screen them or not, but there's always 9 that alternative that these houses can drop down to 18' in to height and be 100% visible based on the Hillside 11 Development Standards and Guidelines. 12 The Town's arborist is an independent consultant 13 to the Town. They aren't retained by Davidon Homes or any 14 applicant; they're retained by the Town. The applicant ends 1s up paying their bill, so they are an appropriate 16 independent consultant to the Town to make decisions and 17 make determinations on the stature of the tree, the health 19 of the tree, the vigor of the tree. They should be used, I 19 believe, to determine whether that tree can qualify for 20 screening characteristics or not. 21 Staff raised questions, as was mentioned prior to zz 23 opening the public hearing, that they were looking for feedback on. 24 25 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 7 1 2 3 4 s 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Deed restrictions are doable. They are very doable and we would support that for mitigation tree planting. The Town arborist, as I mentioned, should be the determining consultant to determine the character of the tree, whether it's poor, fair or healthy, and use that tree. Sparse canopy should still be allowed for screening. Screening doesn't mean cloaking. It's doesn't mean it's going to be invisible. When you look out your window and you have a screen, you see through it. These houses, or any house, are going to be visible to some degree. It is screening, so if anything, rather than deleting definitions in the glossary, add a definition for screening. What is intent of screening? We believe it works and should continue to work with the current guidelines. Thank you. CHAIR BURCH: Thank you. Do we have any questions for the speaker? No? Thank you. The next card that I have is for David Weissman. DAVID WEISSMAN: I'd like to make two quick points. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines e 67 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 OR CHAIR BURCH: I'm going to interrupt you before they start your time. You need to state your name for the record, please. DAVID WEISSMAN: Dave Weissman. Sorry. Two points, if I may. Since the last time that we discussed this issue, and Lee Quintana and I submitted a draft ordinance, I have come across new information, which is in Exhibit 8 in your packet. I believe the matrix presented in Exhibit 8 could be substituted for the narrative of which trees should and should not be counted as screening that is presented on page 2 of the sample draft ordinance that Lee Quintana and I sent you for the prior study session. This matrix has the advantage of treating the two different species of our hillside oak trees differently since they do respond differently to disturbance. I would recommend that trees given an in-between classification by the consulting arborist, for example, a tree graded as poor to fair be treated as poor in the matrix, since this gives the benefit of the doubt to the hillside visibility standards and not to the developer. Secondly, I want to put forth one last appeal for peer review for the visibility calculations. If I can, I will use a story to illustrate. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 In 1989 a group of scientists in Utah promised the ultimate solution to the world's energy crisis: cold fusion. People started talking Nobel Prize despite the seeming violation of the law of thermodynamics. But it wasn't until the Utah group actually published their methodologies that others could find errors in their experiment. That is the power of peer review. For our purposes here tonight, peer review is not Staff looking over numbers submitted by an applicant and saying that all looks okay. It is an outside firm without potential conflicts of interest doing an independent analysis using their own derived numbers and coming to their own conclusions. Now, Davidon has raised the specter of these extra costs to a developer interested in building a single house, but don't be persuaded by these fears. Peer review would only be needed in unusual cases, a situation indeed very rare, according to Staff. To cite an actual example of why peer review is sometimes necessary, at past Town meetings Davidon has merely stated that they don't count trees that are to removed in the visibility calculations, but nowhere does the architectural firm actually doing the calculations lexplain their specific methodologies for removing trees LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 10 139 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from screening included in their lengthy letter of April 130, 2015. Why should be believe them without concrete evidence? For the Highlands project we still don't know how the trees that will be removed for construction have been removed from the visibility analysis, we have only Davidon telling us that they were. But don't tell me that you did it, show me how you did it, and the results both before and after. That's transparency. CHAIR BURCH: Thank you. Any questions for the speaker? No? Thank you. The next card I have is Steve Abbs. STEVE ABBS: Hi, good evening, I'm Steve Abbs with Davidon Homes. I have submitted a Desk Item here, which Joel is passing out. Basically what I've done is taken Mr. Weissman and Ms. Quintana's proposed methodology and point -by -point gave an applicant's perspective on how we don't agree with the language. We find that this proposed methodology is not only unfair to an applicant, it's very ambiguous, and in fact it lacks expert input and opinion. In fact, I'm kind of disappointed that Ms. Debbie Ellis is not here. The experts that the Town has to rely on with a document like this is Community Development and Planning, and the Town Arborist. Debbie actually had some LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 11 470 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 great testimony last hearing that was very useful, and again, I think it's disappointing that she's not involved in this conversation. But it's very important as you read through my comments that the current guidelines, the way they're set up and the current methodology actually, relies on the arborist's comments as far as each tree. Each tree is different, each lot is different, each viewing platform has different distances for each application, so to apply certain criteria to all doesn't necessarily work in this situation, and that's in respect to asking the question if a deciduous tree or a sparse tree or a defoliated tree should be used for screening. Every tree is different, every canopy is different; it has a different structure. So that's one point I wanted to make. Mr. Kane has put it for a Desk Item. He's basically recommending—he's not here to defend himself—that no vegetation should be used for screening, and that absolutely to me, with all due respect, makes to sense. In that case, if you have a down-sloping lot, you have 100% visibility every single time. That's what visibility is screened by, the trees; there's nothing else that can screen it besides the trees. LOS GATOS PLANNING COMMISSION 12/2/2015 71 Item #3, Hillside Development Standards and Guidelines 12 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 The other point I want to bring up that didn't get in the Staff Report as far a question that needs to be discussed is to plant screen trees. Again, the past mayor, Mayor Wasserman, and Councilperson McNutt, publicly stated that trees should be used for screening. With the fact that a deed restriction is possible, it just seems like it's a win-win for everybody, the fact that it will mitigate viewing, and it will replenish the oak woodland that is depleting, according to Debbie Ellis. CHAIR BURCH: Thank you. I'm going to ask you to hold on a minute. This is a Desk Item that then came up in his discussion. Can we take a moment to review this before we ask questions? JOEL PAULSON: Yes. CHAIR BURCH: Okay. Would you guys like to take a minute to look at this prior to questions? Commissioner O'Donnell. COMMISSIONER O'DONNELL: I'm concerned that it looks like a lot of work went into this, but because a lot of work went into it, taking five or ten minutes now I don't think is going to do it, and I guess the question I was going to ask is why are we getting it now? That's fire, they can do that, but it looks like a lot of work went into this, and the work may be good, I don't know, but I'll tell LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 13 472 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you right away that I won't be able to digest this in five or ten minutes. So if the Chair wants to take time, that's fine, but I can tell you right now, I will not feel like I'm familiar with this in any reasonable time this evening. If somebody submits something at the absolute last moment, if in fact its the pleasure of this Commission once again not to reach a decision, and we can do that, but I'm very disappointed that we got this much material at this late moment. CHAIR BURCH: Thank you, Commissioner. Any other comments? Commissioner Badame, you had your hand up. VICE CHAIR BADAME: I would be in agreement with that. There's a lot of material to absorb and we need to make an informed decision, and we can't get through this in five minutes. CHAIR BURCH: Okay. Well, does anyone then have any questions of the speaker at this time? Commissioner O'Donnell. COMMISSIONER O'DONNELL: The question I have is why did you deliver it to us at essentially 7:15 this evening? STEVE ABBS: That has been done by Mr. Weissman and Ms. Quintana at prior hearings, and you guys have reviewed that document and asked questions regarding that LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 14 13 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 specific document. I don't know if it was Chairperson Burch or Vice -Chair Badame that actually said that you guys encourage written documentation up to the hearing. And honestly, it is a lot of work, but if you go through it, if this is the methodology that the Planning Commission is considering, it's a point -by -point. It looks like a lot of information, but they're just little bullet points that rebut what this language has. So I mean if this is something that if that methodology—and in fact I think there is maybe some confusion—is not what Staff is proposing, it is methodology that Ms. Quintana and Mr. Weissman are proposing. Staff's recommendations for methodology are completely different. If you are considering that methodology, as you go down that, and if those recommendations are made for this methodology, my little bullet point, it takes one second to read each item for each of those bullet points. COMMISSIONER O'DONNELL: My question was... STEVE ABBS: I apologize for submitting it late. COMMISSIONER O'DONNELL: Yeah, my question was simply why did you wait until 7:15 to give it to us? You're correct; everybody seems to abuse that position, but everybody takes the risk that their what may be cogent points will not be as well received or as understood if LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 15 474 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 they got it in so we could read it. But that's your risk, not ours. STEVE ABBS: And again, from the prior hearings, to me, and it was a miscalculation on my part then, but it seems like in the prior hearings when Mr. Weissman and Ms. Quintana hand in that document, it gets your immediate attention, and that was my miscalculation. I had submitted on October 16`h a 12 -page letter that there is no acknowledgment in this Staff Report that we even supplied that letter to you guys. I dont know if you guys have even read that. I had called Joel on that earlier this week and said, "Why is our document not even included in this Staff Report? Why is Davidon not even included in the Staff Report as if we didn't even exist and showed up to the hearings?" So there is a little bit of frustration on the fact that I feel, especially in the Staff Report, it's leaning more to Ms. Quintana and Mr. Weissman's point of view when it should be equally weighed on all citizens of Los Gatos, all applicants of Los Gatos. I don't think we're getting that fair shake. COMMISSIONER O'DONNELL: Let me just say this, and I don't direct this just at you, but I think if you put yourself, or if anybody puts themselves, in the position of LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 16 :75 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a Commissioner and they hand them a good document at 7:15 on the evening of the hearing, the limitations of the human mind being what it is, you take a risk that your points will not be fully understood, so all I'm saying is it's not directly at you... STEVE ABBS: Understood. COMMISSIONER O'DONNELL: ...and I agree with you that this position is often done, but everybody that does that takes the risk that instead of studying it, we're going to have to act quickly, and that's not the preferred way to do it in my book. STEVE ABBS: Understand. And I actually had asked Joel to hand it out prior to the meeting, and he did not. CHAIR BURCH: Commissioner Badame. VICE CHAIR BADAME: Mr. Abbs, I'd like to point out that we do have in our possession a letter from you dated October 16`h regarding the visual analysis methodology, so I hope that's the one that... STEVE ABBS: Thank you. I appreciate that being acknowledged, and I appreciate that it be acknowledged that we are putting in as much time and effort as Mr. Weissman and Ms. Quintana. VICE CHAIR BADAME: Thank you. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 17 476 1 2 3 4 5 6 7 a 9 13 14 15 16 17 is 19 20 21 22 23 24 25 CHAIR BURCH: Okay. So then to step in here, based on history, we have often been given items at the dais, and I know that it isn't everybody favorite, but historically we've given that about two or three minutes for people to review. whether you choose to review it or not is completely your choice, but I'm going to ask if we can just have a couple minutes for us to flip through, see if there's anything that jumps out that any Commissioners would like to question. (Pause.) CHAIR BURCH: All right, I'm going to ask if my fellow commissioners have any questions of the speaker concerning the document in front of us? I do know it was a lot. Does anyone have any questions on this? Okay, no. Thank you. STEVE ABBS: Thank you for your time. It was not my intention to do that, and duly noted, won't happen again. Sorry about that. CHAIR BURCH: Thank you. Our next speaker is Michael Keaney. MICHAEL KEANEY: Thank you, Chair Burch and members of the Commission. My name is Michael Keaney; I'm with SummerHill Homes, and I am the project manager for our 17 -unit project on Prospect Road. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 18 ,17 1 2 3 4 s 6 7 e 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 2s I spent a lot of time over the last year talking to neighbors about construction (inaudible) site, and the homes that we are proposing. They have all expressed the desire for high-quality architecture that integrates into the neighborhood. Three of them have submitted letters to the Town requesting that the LRV averaging methodology be allowed for all homes in the hillside area. The LRV averaging methodology takes the square footage of each elevation and requires that an applicant calculate the percentage of the square footage that is allocated to each color used. This creates an average that is weighted based on the colors used and how much they are used on each elevation. This method is completely quantifiable and eliminates the opportunity for an applicant to circumvent the goals of the LRV Policy under the previous Staff interpretation. It will result in higher quality architecture that integrates into the hillside environment and the existing neighborhood. We are not opposed to the idea of including an LRV cap, but we feel it's important that the cap be high enough to maintain the goal of creating high-quality architecture. If the cap is too low, you could have a scenario where a home that has predominantly dark colors with a small amount of light colored trim had a lower LRV LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 19 ru:0 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 average than a home that used more colors from the middle of the spectrum. It effectively squeezes people in to the middle colors, because there's less of an advantage to create the contrast with the really dark shade, so I think there's a benefit to having a little more flexibility, and that the average achieves the goal that you're trying to get to of keeping anything from being too far up the color spectrum. I'm available to answer any questions you have, and we also have our architect here this evening who is going to speak a little more in the direction of where on the spectrum those colors fall, and help provide some information on what some of those styles are and how they would benefit the Town as a whole. Thank you. CHAIR BURCH: Thank you. Any questions? Commissioner Hanssen. COMMISSIONER HANSSEN: I think you started to go there. In your opinion, if there were an LRV averaging cap or maximum LRV value that could be allowed, what would you recommend? MICHAEL KEANEY: I'm going to let our architect, Dan Hale, answer that, because he's got some palettes and some different things that will provide some visual characterization that helps put it in context. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 20 19 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 PIN CHAIR BURCH: All right, any other questions? Commissioner Talesfore. COMMISSIONER TALESFORE: My question is when you read one of the policies of the guideline here, and it says that exterior material colors... I'm sure you're familiar with the new language that's been proposed? MICHAEL KEANEY: Yeah, I think so... COMMISSIONER TALESFORE: So wait a minute, here's the question. I wanted to make sure you were familiar with it. So when it says at the end of the sentence, "and shall blend with the natural vegetation," what does that mean to you? MICHAEL KEANEY: You're talking about the language in the existing guidelines? COMMISSIONER TALESFORE: And the proposed ones. MICHAEL KEANEY: Well, I think the previous guidelines had a couple things that were all pointed towards having homes that integrated with the hillside, and they encourage the use of natural materials: stone and wood. I think that's part of the reason Staff for years interpreted those as being exempt, because they looked like part of the environment, so it's not as important that they not be reflecting a lot of light, like a window or a really light colored home. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I think part of the benefit of the averaging alternative is that you're making an effort to show what that natural material's reflectivity would be, but you're also not penalizing someone for using it on the home just because it's a little bit lighter than an LRV of 30, which is a pretty dark shade, as you'll see when Dan shows some color chips. I'm not sure if your question is what's the natural setting. It could be stumps, it could be brown, it could be light colored stone, it could be limestone, it could be... COMMISSIONER TALESFORE: But how do you address that when the sentence ends with, "and shall blend with the natural vegetation." I mean do you have conflict with that? Maybe that's a better way of asking the question. MICHAEL KEANEY: To my mind the guidelines' primary goal as it relates to the light reflexivity was to prevent seeing reflections and seeing starkly colored homes on the hillside from the valley floor. When you're driving through a hillside neighborhood, kind of down in some of the valleys that are around, and you're getting into darker areas as it is, in some cases a lot of the houses up there that I think really look great don't comply, they're lighter colored houses, but they're in locations where they LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 22 31 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fit into the environment because they're using a balance of materials and stone and stucco and clay tiles and all kinds of different things, and it's not as important that they fit perfectly there. It's that you don't want to see them from the valley floor and feel like you're looking up at the Oakland hills or something where they're really standing out and they don't look like they really belong. CHAIR BURCH: All right, thank you. Do we have any other questions? No? Thank you. The next card I have is for Lee Quintana. LEE QUINTANA: Lee Quintana, 5 Palm Avenue. I'd just like to start with one comment on the color averaging. It's never been clear to me, so I would ask if you or Staff could clarify, when you're talking about color averaging, are you including both the roof structure and the side elevations, or are those determined separately? Because it seems like roofs have much more of an impact on visibility if they're high reflectivity. I really only have a couple of comments on the rest of it. The Town has a deadline for Desk Items to ensure that the Commission or the Council can have adequate time to review them, because they receive them ahead of time. It's true that sometimes in response to a Desk Item LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 23 482 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 somebody would submit something late, but it is taking a chance. The comments that Dave Weissman and I have submitted have all been submitted in time to appear as a Desk Item to give you time to read them. In addition, I have two other comments that have to do with the fact that Joel and Dave and I had a discussion on Tuesday, and looking at what little bit I could read of this—I'm a slow reader—some of the issues that were brought up we did discuss, and I think Dave and I would be very happy to meet with Davidon and discuss this and maybe come up with some compromises. Lastly, I want to make a comment on the 25% and on "vantage points" versus "viewing platforms." Basically the objectives and goals of the Hillside Design Guidelines were to minimize the visibility of homes in the hillside, including from the valley floor. Somehow viewing platforms became used as from the valley floor and other vantage points were sort of lost in translation. I think there should be one term used for both, and maybe it should be viewing platforms within the hillsides and the valley floor, or whatever, but I think we make a distinction that was never intended. I'm out of time, unless you have questions. CHAIR BURCH: Commissioner Badame. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 24 s3 I 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1a 19 20 21 22 23 24 25 VICE CHAIR BADAME: Ms. Quintana, you were on the committee that developed the Hillside Development Standards and Guidelines, correct? COMMITTEE MEMBER QUINTANA: That's correct. VICE CHAIR BADAME: I'm really bothered by this 25%, where it came from, and I can't get a reason behind it other than it was thrown in at the last minute. Are there any Town records that can tell us the discussion that went into that 25%? I will look to Staff for that, and I will also look to you to answer that if you remember that from any of the discussion. COMMITTEE MEMBER QUINTANA: My recollection is that there was an ad hoc committee of the Planning Commission, I believe, to go over some issues that had been raised at the public hearing of the draft for the hillside. I was appointed to the committee, however, we were told that there were going to be four meetings and you couldn't miss any of them, and when the meeting schedule came out I found that I was on vacation for one of the meetings, so I was replaced by another commissioner who missed one of the meetings. So my answer to you is that one, had I been in that discussion I probably would have wanted some very good LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 25 484 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 reasons for 25%; and two, I don't know where it came from. It wasn't there in the final draft before that meeting. VICE CHAIR BADAME: I will look to you, Staff. It may be a little late in the game to retrieve that information, but is there any documentation, any transcripts, or any discussion on record that told us how they derived the 25% visibility cut-off? JOEL PAULSON: Not that Staff is aware of, and if it would have been part of the ad hoc process, there for sure would not have been verbatim minutes, and there probably wouldn't have been any minutes. VICE CHAIR BADAME: Thank you, Mr. Paulson. CHAIR BURCH: Commissioner Hanssen. COMMISSIONER HANSSEN: I have a question for Ms. Quintana about the vantage point versus the viewing platform. What I was trying to understand was what were you trying to get out it? Other than seeing things from the valley floor, where would a vantage point be that wasn't on the valley floor? Whether it was the existing viewing platforms or down the street, where would a viewing platform example be that's not down at the street level? COMMITTEE MEMBER QUINTANA: I'm not sure I can answer that exactly; I think that's something that would have to be determined as each project came in so that you LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 26 35 1 2 3 4 5 6 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 would know where the project was located, and know the developments that were around it and the streets that were around it, and the areas that it could be visible from. One example that I can think of, which is just one example, after the Highlands was approved there was an A&S that may have involved the subdivision too, I don't know, for one home in the area behind the Highlands I think on Drysdale or Green Terrace or something up there -Staff can probably remember the street names better than I can - and that applicant was required to reduce the height of the house because it would be visible from one of the lots in Highlands. So that's one example. Could be if you did a development along Shannon Road you could see numerous houses from Shannon Road, or some of the major streets in the hillsides. I mean it was never specifically determined, but the Hillside Design Guidelines themselves and the very first portion of it do Say, "Views of the hillsides, including from the valley floor," almost as if they were emphasizing views within the hillsides more than the valley floor and we flipped it around, although I think both are equal, in my opinion. And the use of platforms versus vantage points, I think it was all vantage points to begin with and a director of planning came up with this platform idea, and I LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 27 MAE 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think our initial response was we sort of laughed, because we thought there was actually going to be a platform built that you stood on to view. COMMISSIONER HANSSEN: I think I understand more about where you're coming from, but isn't it true that any house in the hillside though would be visible from some other place, if not in their own neighborhood? Because there has to be some kind of line where you draw it and say that... COMMITTEE MEMBER QUINTANA: Sure, there's discretion that has be used, but if the intent is to maintain the rural, open feeling of the hillsides, that's part of what I would assume would be taken into consideration in making that kind of a decision of whether it needs to be addressed or not. CHAIR BURCH: Commissioner Talesfore, did you have a question? You had your hand up earlier. COMMISSIONER TALESFORE: Well, I think it was you wanted to address two things. COMMITTEE MEMBER QUINTANA: It was the 2596. COMMISSIONER TALESFORE: It was the 25%? COMMITTEE MEMBER QUINTANA: Yeah, I don't understand that, and I don't understand saying that if you reduce the house height from 25' to 18' the house would LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 28 37 1 2 3 4 5 6 7 e 9 10 11 12 13 14 1s 16 17 is 19 20 21 22 23 24 25 still be 100% visible, because in many cases a good portion of the part of the house that's visible is the roofline or the roof, and the size the house that's allowed is, our previous planning director, many directors back, used the word `nominal," the FAR is nominal, which means that it's not a fixed number, and if that size a house is going to cause a house to be prominently visible, then perhaps the solution is a smaller house. I shouldn't be opining. COMMISSIONER TALESFORE: You and Dr. Weissman put in a tremendous amount of work on these documents, and there's a lot that I would hope that we pay attention to; there's a lot there. But let me ask you, if you were going to draw up the new visibility from the hillsides, would you even include a percentage, or not? COMMITTEE MEMBER QUINTANA: No. My opinion? No. I wouldn't include a percentage. COMMISSIONER TALESFORE: Because? COMMITTEE MEMBER QUINTANA: Because if it's visible, it's visible. I was shocked when I went to the glossary and found the definition for visible in the glossary as being 25% visible, because visible to me is you can see it. And that definition also went in at the very end of the process, so when a person reads the rest of the LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 29 RUM 1 2 3 4 5 6 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 document, unless they happen to flip to... I mean visible is visible. If you can see it, you can see it. And if we want to minimize visibility, the way to do it is in the design and the siting and the size. COMMISSIONER TALESFORE: Fair enough. Thank you. CHAIR BURCH: Any other questions? No? Thank you. IDan Hale. DAN HALE: Good evening, Dan Hale with Hunt Hale Jones Architects. CHAIR BURCH: Mr. Hale, I'm going to ask you to give us just one second to get this passed out. DAN HALE: Okay. Sorry. CHAIR BURCH: So we also have these. I'd like my Commissioners to please note that if you flip it over, the LRV percentage is on the back of these cards. You don't want to look at this first? COMMISSIONER O'DONNELL: No. CHAIR BURCH: Okay. COMMISSIONER O'DONNELL: (Inaudible). CHAIR BURCH: All right, Mr. Hale, go ahead. DAN HALE: Good evening, Dan Hale with Hunt Hale Jones Architects. As Mike Keaney mentioned, I am working with SummerHill as their architect on the Sorellas project. As LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 30 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 their architect I'm very familiar with trying to come up with color schemes that have an LRV maximum 30€; it's extremely challenging. The actual color samples that I passed out, I was going to have you pay attention to the bottom three colors and the top color in particular. With a maximum of 30% you're limited to the bottom three colors to provide interest and character to the architecture, and I find that with the 30% maximum you really end up with dark, kind of dreary, uninspired elevations. I do have a couple of examples to show you what averaging can give you to enhance the architecture in your town, not for just our particular project. On the first page there are two examples of traditional architecture, and what I'd like to point out is I think the contrast in colors provides interest and detail and accentuates the architectural design. Now, in these two homes the body colors are still higher then 30, but it's the point of having some contrasting colors. You can look at the gable in detail. You can look at the window boxes. You can look at the porch railings, the masonry used. All the contrast provides interest in the architecture and enhances the architectural design. 490 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 31 1 2 3 4 5 6 e 9 10 14 15 16 17 19 19 20 21 22 23 24 25 on the next page, the house on the lower right actually I think would meet the averaging idea in this town. You have a dark body color, but you're using a lighter trim color, which provides some interest and accentuates the architectural details: the corbels, the window boxes, the columns on the front. This home also has a darker masonry base that I think would fit. But masonry is not all equal. Many architectural styles use pre -cast trim around windows, around doors, around columns. Pre -cast trim is meant to be stone. Stone is a lighter, natural color, like a gray or tan. Having that come into an LRV of 30, we'd end up painting it, and it's historically not an appropriate way to use that type of material. The next page shows two additional houses. The one on the right-hand side has real cedar shingle siding with a natural stain and white trim. The cedar siding, although beautiful, doesn't meet LRV 30, so you're limiting the amount of natural materials you can use. But you can have nice looking homes. The home on the left is a real wood house with a darker stain in the shingles, but lighter trim. The light trim, again, I think enhances the architecture. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 32 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 001 I'm in support of the LRV averaging. I think for the Town it provides better architectural design for homebuilders, architects, homeowners, and really maintains the character of the history of your town much better than a maximum of 30. I'll be happy to answer any questions. CHAIR BURCH: All right, does anyone have any questions of the speaker? Commissioner O'Donnell, then Commissioner Hanssen. COMMISSIONER O'DONNELL: I'm curious about averaging insofar as the roof is concerned. You said it's your position that the roof should be included in the averaging? DAN HALE: We've talked about this internally in working on the Sorellas project in particular. I do think that the roof can be taken separately and you can look at just the vertical wall planes. I'm okay with a maximum of 30 on the roof, and then you take each horizontal plane of the house and material used there, and average those. I think you can create nice architecture. Along with averaging, if I may continue the question, when I mentioned the maximum LRV that might be used, if there's a limit on it, my personal opinion is something in the order of 75. That sounds high, but on the LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 33 492 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 swatches that I passed out, the top color is 75. You can get a sense of the brightness of that. So anything above 75 really excludes bright whites, but it gives you a chance to use some color and lighter trim. And again, you still have to average to 30. COMMISSIONER O'DONNELL: Could I ask him... CHAIR BURCH: Yes, please. COMMISSIONER O'DONNELL: Looking at the small colors that you gave us, where would 75 fit in this six or so... DAN HALE: It's the top. The top one is 75. The lightest color there is 75. COMMISSIONER O'DONNELL: All right, thank you. CHAIR BURCH: Did you have a question, Commissioner Hanssen? Did I see your hand up? COMMISSIONER HANSSEN: He answered my question, and it was also clear after I looked at the pages that he had up to 75; that was my guess. CHAIR BURCH: Any other questions? Commissioner Talesfore. COMMISSIONER TALESFORE: Also, when you are choosing colors for a home you can do variations of the same color, correct? And that would enhance and perhaps make certain elements stand out if you needed to, but they LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 34 .g3 1 2 3 4 5 6 7 a 9 10 11 12 13 `' 14 15 16 17 is 19 20 21 22 23 24 25 could also blend in with the hillsides or whatever the natural terrain is, if you're in the hillsides. And we're talking about the hillsides; we're not talking about our valley floor here, so this is all about hillsides. DAN HALE: Understood. COMMISSIONER TALESFORE: So you know the question. DAN HALE: One of the reasons I passed out those color swatches is to have a real visual about your choices that are 30. If you want to have complementary colors they're going to be just one tone or two off, and once you apply that on a house, it just becomes all blending in, and I find it very uninspiring and it does not complement typically the architectural style. I think even your architectural consultant, Larry Cannon, in the past has supported the idea of averaging, supported the idea of it being able to enhance good architectural design with a little bit of color contrast. COMMISSIONER TALESFORE: Thank you. CHAIR BURCH: All right. Any other questions? No? Thank you, Mr. Hale. DAN HALE: Thank you. CHAIR. BURCH.: All right, I don't have any additional speaker cards, so unless we need to have any LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 35 rME 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other discussion I'm going to close the public portion of the hearing and ask my fellow commissioners if they have any questions of Staff, any discussion, or want to make any kind of recommendation to the Council. Commissioner Badame, then Commissioner O'Donnell. VICE CHAIR BADAME: I'd like to separate this out and attempt a motion with the color averaging, so I'll throw it out there and see what kind of comments I might get from my Commissioners. I would move to forward a recommendation to Town Council to consider adoption of amendments to Chapter 5, Architectural Design of the Hillside Development Standards and Guidelines. I can make the required findings for CEQA. The recommendation would be Staff's proposed amendment on page 4 of the Staff Report dated October 21, 2015, with the added language that the roof material shall be calculated separately and shall not exceed a maximum light reflectivity value of 30. CHAIR BURCH: All right, so we have any questions or discussions before we vote? Commissioner O'Donnell. COMMISSIONER OIDONNELL: I guess where I am is there are so many issues that we've talked about I had hoped that we might talk about the three or four issues that Staff has enumerated before breaking them up into a LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 36 .95 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 motion, so I just add that. Obviously if you've got a second we can vote on it, but I'm just wondering if you would consider discussion? I've had real trouble dealing with all these issues, and I was hopeful that some conversation among ourselves would certainly help me to understand it better. VICE CHAIR BADAME: I would be happy to withdraw the motion. I have a lot of concerns as well, but most of them have to do with the visibility analysis, but most certainly I'd be happy to withdraw the motion at this time. COMMISSIONER O'DONNELL: If that's the case, let me comment on that motion, because that's probably the easiest thing I can comment on. I kind of like the motion. I'm not sure that the percentage you use for the roof is necessarily a percentage that I would use, and we can discuss that, but I thought the motion itself, that was not a problem for me. I thought it was a good motion notwithstanding I want to talk about the whole thing. VICE CHAIR BADAME: Yes. COMMISSIONER O'DONNELL: But what I thought would be helpful is because we have these key issues, to me one of the issues, for example, is what you said: Shouldn't the roof be considered separately? And the architect made that LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 37 1 2 3 4 5 6 7 a 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 point too, I think, and I think it makes a lot of sense to say you've got the walls, and then you've got the roof. Let's deal with the roof separately and let's deal with the walls separately. So I throw that as a discussion point. Also, we've had discussions as to what does visible mean, and obviously the word "visibility" means a number of things, but within the context of this statute visibility doesn't have to mean the dictionary definition, because what we're saying here is visibility is what would the community consider visibility, i.e. acceptable visibility? That's why I think there's a problem with the term visibility, and so I think we have to talk about that. I'm just throwing these things out so we can talk about them. One of the key things that we're going to I think talk about tonight was the question of using trees, that kind of thing, as screening, and I think that's going to require a fair amount of conversation. So I'm just trying to put on the table the issues that I see that we want to talk about, and asking my fellow commissioners to throw on the other things that we should talk about before we start making a motion or motions. Let me just look here for a second. There are two things going on here. One, we're trying to protect the community; and two, we're trying not LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 38 ,g7 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 to essentially confiscate the property of the person who is in the hillside, and essentially that means the person ought to be able to build something, so we start with that. otherwise, it would be really easy to say visibility means we can't see you, and then it's from where? And I've heard arguments tonight that it's from anywhere, because it isn't just from the valley floor, it's from the guy who's higher up, or whatever. So if that's the case, we're going to buy the park, because that means people can't build, and my understanding of law is if they can't build, you just bought the park. So I don't think we want to do that. Personally, I think we have to come up with a way to allow people to build without offending the sensibilities of those of us who do not live in the hillsides, and that's what we're talking about tonight. So I'm hopeful that we get a really good discussion, because I am troubled with how we enact something so when somebody comes in and says I'd like to build a home up here, and we say okay, here's what you have to do, to me it has to make sense and it has not to be confiscatory, so that's what we're talking about, and we've talked about a couple of things. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 39 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 One is if it's 18' or less it's like it doesn't exist, and I don't think that's the case. I think an 18' house can be quite visible, and I don't think we want an 18' house to be quite visible, so I think to the extent that we've ignored that in the past we ought not to ignore it now. So I just throw those out, stream of consciousness, to see if I can get some feedback from my fellow commissioners. CHAIR BURCH: If I can step in, part of the reason that we had previously discussed perhaps looking at this as two conversation points, the color averaging and then the visibility, is the color averaging has been met by this Commission and with the Council, which agreed with the idea of the averaging of the, I'm going to say the house vertical surfaces and average of 30, with the roof being separate with a cap of 30, and I believe it was a March meeting of the Town Council. They reviewed this document, asked Staff to go back, do some wordsmithing, and bring it to us as a bit of formality. JOEL PAULSON: It was part of Davidon's request to do the averaging that was reviewed by the Planning Commission and ultimately reviewed by the Council, and the LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 40 A9 1 2 3 4 5 6 7 e 9 10 11 12 13 14 L� 19 20 21 22 23 24 25 Council did say direct Staff to bring back the potential to allow color averaging in other areas of the hillside. Now, the one distinction or clarification I'd make is that the proposal from Davidon did include the roofs. We don't have to include the roofs. There is an opportunity to separate that, and I've drafted some language to address that. I think Vice Chair Badame's motion was strictly dealing with colors and wasn't dealing with the visibility, but we can move forward from there. COMMISSIONER O'DONNELL: But wasn't what she said separating the roof from the walls? (Inaudible) clear. CHAIR BURCH: Yes. JOEL PAULSON: She did include that. CHAIR BURCH: Which if we want to pass this down, this is the document that Staff created based on the guidance of Council that provides an item that discusses, again, as I said, the vertical surfaces of the house separately from the roof. The roof is not involved in the average. The roof has a maximum LRV of 30. So Commissioner O'Donnell, the reason in perhaps looking at this as two motions is one has already been reviewed by the Commission and the Council. We know that the other point which you spoke to so eloquently is going to involve a very, I think, lengthy discussion. This LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 41 .11 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 perhaps may be something that we may be able to look at -Mr. Paulson has the document up there -and perhaps might be able to make a recommendation to Council on this document and then move into the discussion of the visibility. Commissioner O'Donnell. COMMISSIONER O'DONNELL: I appreciate that and I think you're correct on that, and what that may mean is we go back to Commissioner Badame's motion in a few moments. But the one thing I'm concerned about is the use of what we use for reflectivity on the surfaces of the walls. We've gotten a written statement by our Town Architect saying the 30% is too low, and we've heard some discussions that in some instances it may be too low for really good architecture, so I don't know whether we're going to discuss that or not. To the extent that people feel that's something that Council wants and it's already considered, maybe it's not the right time to do that. But I've been persuaded by what the Town Architect said, and also by the demonstration we had tonight of the colors, and I for one would not like to see a bunch of homes up in the hills that were all just dark colored homes, and I think that 30% pretty much does that. So if you take a shingled house, like we were shown in this exhibit, the LRV review, you couldn't have that house I LOS GATOS PLANNING COMMISSION 12/2/2015 JJ1 Item #3, Hillside Development Standards and Guidelines 42 1 2 3 4 5 6 7 e 9 10 11 12 13 14 19 20 21 22 23 24 25 don't believe, because it's too light, and in fact it may be too light for the hillside. But does that mean that we just automatically drop it back down to 30%. I have trouble when the Town Architect raises a serious question about that and when my visual observation also has doubts that that's the way to go. So I think in considering the motion—assuming that Commissioner Badame makes that again, because I think it's a good motion—I would like to at least be sure that my fellow Commissioners think that 30% as suggested in that document, for the walls, not the roof, is the right way to go. Once we dispose of that as you suggest, then we can go into the more difficult matters, although I think the LRV thing is a reasonably difficult thing, but it has a fairly quick answer, because you can say 30%, you can say 40%; I mean that's a fairly simple word, but the concept is not. CHAIR BURCH: Commissioner Hanssen, one minute. Commissioner O'Donnell, I hope this is all right with Mr. Hale, but on these color chips I did write on them 27 and 41 based on the back, just so as we are doing this discussion we can pass this back and forth to one another to look at the comparison between those percentages. Okay, sorry, Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 43 502 1 2 3 4 s 6 7 e 9 10 11 12 13 14 is 16 17 1e 19 20 21 22 23 24 2s COMMISSIONER HANSSEN: I wanted to respond to Commissioner O'Donnell's comments. I too thought that we were having this special meeting so that we could take a little more time and maybe go through the questions that Staff had raised, and/or some of the documents we got presented with. In the case of the color averaging, at the 50,000 -foot level it makes a lot of sense. The 30% is clearly too restrictive and the color averaging makes sense, but the devil is in the details, and I just thought it would be worth maybe going quickly over some of the questions before I was ready to take a vote. I'm pretty comfortable with where we are right now, but there are maybe a couple of nuances. Just for example, one was what happens to houses that aren't more than 25€ visible? Do they have to comply with the 30% and they're not allowed to use color averaging, or they don't have to worry about colors at all? That's some stuff that I thought we should talk about, just to be sure. JOEL PAULSON: I just offer that the intent of the language is that if the house is not visible, which using the current definition of visible it's 25% or mcre, LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 44 ..03 1 2 3 4 5 6 7 s 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 then they could use LRV averaging. If the house is visible, then they cannot use the averaging concept. That was what was applied for the Highlands Planned Development. There was not a separation of the roof. Vice Chair Badame's motion did separate the roof. There was a lot of discussion around that at the last meeting, so I just drafted some language, and that's the language that they passed around that's currently up there that excludes the roof and uses only the vertical walls for doing the averaging. COMMISSIONER HANSSEN: All right, let me play that back. What I heard you say is if the house is defined as visible, whatever that percentage is, they must have all the materials be under 30% LRV. JOEL PAULSON: Correct. COMMISSIONER HANSSEN: And then it's only if they're not visible that they can use color averaging. JOEL PAULSON: Correct. COMMISSIONER HANSSEN: Okay, that helps. And then just to comment on the viewing platform, I think that's more complicated, and so I thought we would need to talk about that one a little bit more. CHAIR BURCH: We're going to talk about the averaging, and then move into the viewing platform. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 45 504 1 2 3 4 5 6 e 9 10 11 12 13 14 is 16 17 1e 19 20 21 22 23 24 2s Commissioner O'Donnell. COMMISSIONER O'DONNELL: Obviously this whole thing is perplexing to a certain extent. When you look at the color samples we have here and you get to 41% I think, and then once you get past 41% you start getting fairly light colors. Personally, I don't like 30%, and I do like averaging, and I don't like the distinction between the 18' house and every other house, because visibility, if you're using binoculars, as we're using, I don't care if the house is 18' or 35' in height, it's either going to be visible or not visible, and if we're saying because you're 18' somehow you're not visible, that doesn't make any sense to me. I guess I would like to not be bound by what now exists, but to make our recommendations, and our recommendations would be it doesn't make any difference whether you're 18' or not, the rules of visibility apply. As far as whether it's 25% or not, we can talk about that, but whatever the visibility issue is should apply to both, not simply on the square footage of the smaller house versus the larger house. Then as far as the LRV is concerned, I think 35% is too dark. When I'm looking at the exhibit we have here, it's six colors I guess, the Chair marked up to the 41% and LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 46 X05 1 2 3 4 5 6 7 12 13 14 15 16 17 18 19 20 21 22 23 24 25 `.- not beyond, and I can see why. I personally would feel more comfortable with something like the 41% on averaging, and I would think that the averaging should apply whether the house is 18' or higher. I also think that the suggestion made by Commissioner Badame that we separate out the roof is a really reasonable thing to do, because the roof should not dictate the rest of the house, and yet the roof should have fairly good rules, because if anything is going to be visible, it's going to be the roof. So those are I think three points that I would like us to consider when we get to the roof. Then on the question of the more subtle things, I think the Chair is correct. We probably could take care of the visible issues, the LRV, now, leaving open some of these more difficult conversations for after the motion this evening. We'd still do it, but at least we would have the LRV thing taken care of, if everybody is comfortable with that. CHAIR BURCH: I know I certainly am, because it has been something that's been discussed, and while we may want to say as we move forward, when it says with the exception of home of 24.5%, if we want to say at this moment a percentage deemed acceptable by the Planning LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 47 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 Commission and Council, if we're going to discuss what that percentage is, we can always put that wording into this motion, knowing that it is tied to the next discussion if that makes the Commissioners more comfortable that we are not tying into a percentage that's written up here. Of course this was Mr. Paulson's draft. We can do that, is that correct? JOEL PAULSON: At one of the previous meetings the (inaudible) was discussed, and so we were asked to change the visibility to 24.5%, so I made this consistent. Regardless of what the final number is here, the Council will make the final decision on whether there's a number, what that number is if there is a number, and so all of these sections will be trued up to make sure that the numbers all match from a visibility perspective, so I wouldn't get too caught up in the number on this piece. It's really are we comfortable with averaging? If we are comfortable with averaging, should the roof material be included? Those are the first two questions, and I think Vice Chair Badame's motion gave me the perspective that she was comfortable with those first two questions for sure, and then you end up with the second two questions on should there be a maximum for individual exterior materials, and if there is, should there be some exception for small trim LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 48 a07 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 details and things like that? Those were the last two of the four questions. The first two I felt were answered by the vice Chair's motion. CHAIR BURCH: Commissioner Talesfore. COMMISSIONER TALESFORE: Where to begin? First of all, I would accept the motion to separate the roof from the rest per our discussion. Regardless of the colors, what we have to realize is we're speaking about the hillside, so whenever we're making these decisions they have to be linked back to what is in this document that actually for the most part has been serving us pretty well since 2004, and I think it's been fairly good. I would hope that anyone coming into this Town that wants to put something in our hillsides realizes how much they mean to this town. They are our character. They are our value. We value them. That being said though, I do think that there can be reason to do color averaging, especially as I went through the minutes and realized that Joel said that... When you do the color averaging, Joel, it's weighted, correct? JOEL PAULSON: Correct. COMMISSIONER TALESFORE: That gives it more detail, and so I can live with that. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 49 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 1e 19 20 21 22 23 29 25 But what I'm concerned about is getting into these lighter colors of trim, I suppose, but if they're on a house that can't be viewed by the valley floor, I'm more comfortable that it could be weighted and averaged. I don't want to cramp any architectural style, and I will say that I drove through the hillsides the other day. The Highlands was one place I drove and there were a lot of very light homes there with the stone that they were using, but things will darken after a while. Ewen if it is stone, it tends of darken, and the trees haven't even been put into most of those areas, so I think I'm more comfortable now with what I'm seeing, and I think we need to be reasonable about this. Or the other suggestion I would make is this about color: If it is a one subdivision, or one grouping of homes, that perhaps, because this is what usually happens when developments are put in, color palettes are already chosen, so I think that if those color palettes kept in mind that what we are trying to do here is to be reasonable but yet to be respectful of what we want as a town, I'm comfortable with that. That language isn't in any of this, so I'm just hoping that somehow there's a preamble either when a document is filled out for an application for building that there might be some caveat that says please LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 50 j09 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 pay attention to whatever. I don't know what the language would be, but those would be my thoughts at the moment. CHAIR BURCH: I'm going to ask Commissioner Talesfore a question before we go on with the discussion. Was that a second to the motion with some added comments? COMMISSIONER TALESFORE: I would second that motion. CHAIR BURCH: With the added comments at the end? COMMISSIONER TALESFORE: With the added comments. COMMISSIONER O'DONNELL: Can we have the motion read back; it's been so long. CHAIR BURCH: Yes. VICE CHAIR BADAME: I'd be happy to do that. CHAIR BURCH: Thank you. VICE CHAIR BADAME: Almost come full circle here. I move to forward recommendation to Town Council to consider adoption of amendments to Chapter 5, Architectural Design of the Hillside Development Standards and Guidelines. I can make the required findings for CEQA. The recommendation would be Staff's proposed amendment on page 4 of the Staff Report dated October 21, 2015, and include language that the roof material shall be calculated separately and shall not exceed a maximum light reflectivity value of 30. I believe Joel Paulson has also LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 51 510 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 included a document on the overhead projector that can be included as an exhibit that also incorporates the language of my motion. CHAIR BURCH: All right, so we have a motion and we have a second. Actually, Commissioner Hanssen had her hand up first, and then Commissioner O'Donnell. COMMISSIONER HANSSEN: I was going to say I was going to be comfortable with the motion, the only exception being it seemed like I heard a lot of support for having a maximum LRV cap, which isn't in the current motion other than on the roof. So I wondered if the maker of the motion would consider putting in a cap for the other materials besides the roof? CHAIR BURCH: It's my understanding that if it's visible, there is a cap. Can you clarify this? JOEL PAULSON: There's the distinction of visible versus non-visible, so if it is visible, then there is the cap of 30. If it's not visible, then it's averaging and there is no cap. I think what Commissioner Hanssen is asking is do we want to have a cap for either all exterior materials on the elevation using the averaging option, or do we want to have something where trim is separated out, which are the last two questions in the Staff Report relating to LRV. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 52 ill 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 VICE CHAIR BADAME: With that explanation, are you still asking me to amend my motion? COMMISSIONER HANSSEN: Yes. maximum. JOEL PAULSON: I think she would like to cap COMMISSIONER HANSSEN: To add maximum LRV value to any exterior materials. Just to throw out a number, I just pulled out a number earlier today that 608 seemed reasonable. They were suggesting earlier tonight 758. What the number is doesn't matter, but other than that it could be bright white, and if we're going to be having these standards in the hillsides it seems like you want to keep the average within range. CHAIR BURCH: Can I take a moment to point out to my Commissioners this document provided by Mr. Hale? The last two pages give us some colors that have samples that would show those LRV numbers. So if what we're mostly talking about here is putting a cap on perhaps trim, which was the last question from Staff, are we comfortable with I think this is 58, and that's a 71? Is there a cap we want to place on those, as Commissioner Hanssen said, so we're not looking at stark white? So would we like to make that clarification and add that to the motion? COMMISSIONER O'DONNELL: Could I ask a question? LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 53 512 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 CHAIR HURCH: Sure. COMMISSIONER O'DONNELL: I'm a little confused now, not that I was ever not confused. We're still getting into visibility, and I guess we'll discuss that later, but the definition of visibility that we're using basically says you're not visible if you're 18' or less, and I personally don't like that, because I think that's crazy. To me, if you're visible, you're visible, but the question is what color should you be able to use if you're visible? Forgetting for the moment the 18' and greater and lesser and that kind of thing, and I do believe that if you stay at 30% for everything, you're going to have a lot of dark, dark houses out there, and I don't think that's a good idea. Secondly, if you want to have some trim, I don't think it makes a lot of sense to have the trim being the same color as the house, and therefore it's got to be a different color. Well, you can make it 30 or 25 or whatever and make it so dark, but if you do what Commissioner Hanssen was suggesting, and that is raise it a bit... I'm not sure I'd go up to that particular number she had in mind, but in looking at the package of smaller exhibits we had, certainly 41 happens to be 41%, this exhibit, and there's no magic to 1%, but the 41% is something I could live with LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 54 j13 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 on averaging, but I would like to see the averaging applied to anything up there which is visible as normally defined, and not as defined by if it's 18' it's suddenly invisible, and that seems to be what we're doing. If you're 18' or less, maybe I'm wrong, but I hear us saying well, you're not visible. We have enough trouble with the term "visibility," which was just pointed out to us, but I don't have a problem when you define visibility and say this is what visibility means. You don't look it up in the dictionary anymore; that's what it means. So to me visibility means if you build a house up there and to the extent that it's visible, no 18' exception, then you have to deal with the colors that we are imposing, and those colors, I think 30 is just too dark and I would like to see something higher, at least 40%, and I would like to see averaging on whatever you build up there. I agree though that the roof ought to be separate and apart, and the roof could be 30%; that doesn't bother me at all, although somebody pointed out well what if you put tile, and I have no idea what the LRV would be for tile, but clearly sometimes tile could be a nice texture to use up there. I don't know whether Mr. Paulson has some handle on what tile is from an LRV standpoint. Do you? LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 55 514 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: Generally, in looking back at some of the old documents for the Highlands specifically, I think of the 18 or 19 homes that they have, there's only one roof that exceeded 30, and that was 31. They had some clay tile, some Mission tile, and those were all well below 30, so I don't think the 30 is an issue. I also wanted to clarify, the 18' visibility is not relating to the color, so if it's visible as defined in the Hillside Development Standards and Guidelines, whatever that is, then they would have to comply with the LRV of 30 for the exterior materials. The difference for the visibility as it relates to height is the height gets reduced if they're more then 25% visible, so they would not be afforded the ability to do averaging as we're currently looking at it, to clarify that. more? COMMISSIONER O'DONNELL: If they were 25% or JOEL PAULSON: Correct. They become visible based on our current definition, and whatever that definition becomes, whether they're 181, 121, 25', they'd have to meet that requirement. COMMISSIONER O'DONNELL: All right, thank you. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 56 ,,15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 16 19 20 21 22 23 24 25 COMMISSIONER TALESFORE: I'm glad that this came up, because we should have caught it. With looking at the samples we have here, I would be comfortable with this at least at 40% for trim; I could live with that, I think. I don't think that would be taking us too far out of what we're trying to do, which is to protect our environment and to make the houses fit in to where they are if they're up in the hillside. I think for trim, maybe a 40; that's what I might recommend. CHAIR BURCH: Can I ask for a clarification? That's a cap, so anything else... COMMISSIONER TALESFORE: That would just be on the trim. That would only be on houses that met the current visibility definition. JOEL PAULSON: LRV averaging would be allowed for houses that were not visible as defined by the Hillside Development Standards and Guidelines. I don't want to put words in Commissioner O'Donnell's mouth, but I think he was talking more of the 30 as the baseline is too low, and the whole baseline should be raised to 40, not for trim. COMMISSIONER TALESFORE: Oh, you were talking about the whole... LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 57 516 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: Whereas I think Commissioner Hanssen was talking about whether or not there should be a cap, and maybe that should be higher, the 60 number. COMMISSIONER TALESFORE: Oh, I see. Okay. I thought we were going to... Okay. JOEL PAULSON: So those are two different ideas, and I think those are the topics that we probably want to discuss to remedy these last two questions of the four in the Staff Report. COMMISSIONER TALESFORE: Then my suggestion would be that the trim could be at 40, but I don't think I'd raise it any higher than that. JOEL PAULSON: I think you run the risk, and I know it's hard and a color copier probably doesn't come across, and you have two colors there on the last two pages. COMMISSIONER TALESFORE: Right. And you can't look at... Believe me, colors like this, you can't... JOEL PAULSON: So I think the challenge, just looking at the copy of the LRV scale that's in your Staff Report, the difference between 30 and 40 is extremely slight, so that is not going to provide a lot of opportunity for contrast, which is what I believe some people have been speaking to. LOS GATOS PLANNING COhMdISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 58 X17 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 That's why I say I think there are two separate issues that Commissioner Hanssen and Commissioner O'Donnell are talking about. I think Commissioner O'Donnell was comfortable with raising the 30 to 40 just generally, and then the average could be down to 40, and then Commissioner Hanssen was talking about the maximum of any exterior material being 60. I think those were the two points that were being made. Now obviously the maker of the motion and the seconder can discuss that. COMMISSIONER HANSSEN: And my thing applied to the houses that were not defined as visible. I didn't make a recommendation relative to that. JOEL PAULSON- I assumed that, yes. VICE CHAIR BADAME: With the explanation given by Mr. Paulson between the 30% and the 40%, that it's so slight, I'd rather simplify this rather than complicate it with more wording, so my motion stands as originally read. CHAIR BURCH: Commissioner O'Donnell. COMMISSIONER O'DONNELL: What I heard Mr. Paulson say was that the homes which have been built by Davidon have not really had a problem with the 30%, except in one instance. Now, maybe I misremembered what you just said. JOEL PAULSON: I was specifically talking to roofing materials. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 59 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Oh, okay, so yes, I did misunderstand. I guess my problem is if the motion is we don't care whether it's the roof or it's the walls, they're not going to exceed 30%. Okay, then again, I'm lost on what your motion is. out. VICE CHAIR BADAME: My motion separated the roof COMMISSIONER O'DONNELL: And what is the percentage on the roof? VICE CHAIR BADAME: Thirty percent. COMMISSIONER O'DONNELL: What is the percentage on the walls? VICE CHAIR BADAME: It's color averaging. CHAIR BURCH: Cap on the roof is 30. Cap. On the roof. Cap. Does not go higher than 30. COMMISSIONER O'DONNELL: That's fine. CHAIR BURCH: The average on the vertical walls, and that would include trim, is 30. So you could have a trim that's 60, but the house color is darker; the average of those have to be below 30. COMMISSIONER O'DONNELL: And that would apply to any house, whether 18' or more or less? LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 60 619 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: It would apply to any house that was not visible as ultimately defined in the Hillside Development Standards and Guidelines. COMMISSIONER O'DONNELL: Right. Okay, I understand. CHAIR BURCH: So that said, Commissioner Badame has stated that her motion stands, and we do have a second from Commissioner Talesfore with a couple of comments. Do we feel comfortable now making a motion, understanding the differential between the averaging on the vertical, the cap on the roof, and understanding that this is for what we are going to consider—the percentage could change in the next discussion—visible. Is that something we're comfortable with now? COMMISSIONER O'DONNELL: I want to be sure. Earlier in the evening I thought somebody said if you are visible 25% or more, then you have to go down to an 18' house, as I understand it. Then the question is are you now not visible? Because I would like to think you are visible, and if you are visible, then the motion would apply. JOEL PAULSON: You're not necessarily not visible. You could be 18' and completely visible, so you still would not be able to use the averaging in that case. The averaging would only be allowed to be used for any LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 61 520 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 home, whether you're 18' or 251, if you're less then the 25% threshold for visibility. COMMISSIONER O'DONNELL: All right, I understand. Thank you. CHAIR BURCH: All right, so we have a motion and a second, and I'm going to ask are we ready to take a vote? This is for the LRV content only; this is not visibility. Are we ready to move for a recommendation to Council on this item? All in favor? Passes unanimously. Now we have, with Commissioner O'Donnell's comments, moved perfectly into our visibility portion of this, and I would ask perhaps to assist us, because this is a wide ranging topic, that we maybe first look at the four questions developed by Staff to begin this discussion, the first being, "Should a note be added to require a deed restriction regarding replacement of the trees used for screening in the visibility analysis?" Commissioner O'Donnell. COMMISSIONER O'DONNELL: we all know the position taken by one Commissioner who submitted a letter this evening, so if for the moment we assume that that position does not prevail, I think we should have a deed restriction to the extent that if we're going to use trees as any kind of screen, I think those trees ought to assured of being LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 62 ,i21 1 2 3 4 5 6 7 e 9 10 11 12 13 14 35 16 17 18 19 20 21 22 23 24 25 there, and therefore I think we should have a deed restriction. The language of the deed restriction will have to be worked out, because obviously if you have a 50 year old tree that dies you don't replace it with a five gallon tree. The language would have to be worked out, but I think to the question of should we have a deed restriction my feeling is yes. CHAIR BURCH: Commissioner Badame, and then Commissioner Talesfore. VICE CHAIR BADAME: I would be in agreement with a deed restriction as well. CHAIR BURCH: Commissioner Talesfore. COMMISSIONER TALESFORE: And I would as well. Also I did catch in this Desk Item from Mr. Abbs that he even suggested it, and I think it's a good suggestion. I maybe would have been a little hesitant in suggesting it myself, but he also talks about having a deed restriction on trees: "Encourage tree plantings and replacement of declining trees," even putting a deed restriction on declining trees. Have that just be part of the building of the house. Does that make sense? CHAIR BURCH: Yes, it does. Commissioner O'Donnell. It does to me. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 63 522 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: I think the deed restriction has to be clear enough to be enforceable, and therefore to the extent that trees are used as screening, they will have to be identified. CHAIR BURCH: Right. COMMISSIONER O'DONNELL: Because you could have, let's say, 30 trees up there and only five or ten of them were used for screening. Those should be identified, and let's call that one through ten. If trees one through ten, and/or any one of them, comes down by storm or just dies, or gets such that it loses the screening effect, then the deed -and we're not drafting the deed -but the deed restriction would say that will be replaced, and it will be replaced some definition of promptly, and it will also say how big the replacement tree will be. Obviously a 50 year old tree is not going to be replaced with a 50 year old tree, but we may say X size. That's my understanding of the deed restriction: We identify which trees the deed restriction applies to. It will be hard enough to enforce this, and it will largely be enforced by people saying on my goodness, we didn't used to be able to see that, why can we see that now? Oh, that tree's gone. So that's the way I perceive that to be. CHAIR BURCH: Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 64 ,,23 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OR COMMISSIONER HANSSEN: This one seems like a no brainer in terms of something that we should definitely include it the view analysis criteria, especially because things could happen to the trees and there's no other way to mitigate it. CHAIR BURCH: I agree. I think that we could look to Staff when it goes to look at the wording on if it's damaged and how it's replaced. JOEL PAULSON: Staff will craft that language after this process is completed. COMMISSIONER TALESFORE: Especially if that tree is being used as part of the screening. CHAIR BURCH: Based on Commissioner O'Donnell's comment, when we get the arborist report, my recollection is it's identified the trees that are for screening, so we would be utilizing the arborist report, the trees identified as screening for that deed, correct? JOEL PAULSON: Correct. CHAIR BURCH: Then the next one is, "Should trees with poor or fair ratings be used for screening in the visible analysis?" Commissioner O'Donnell. COMMISSIONER O'DONNELL: (Inaudible). LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 65 524 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: Oftentimes when our consulting arborist, or even outside arborists, do arborist reports they will rate the trees poor, fair, good, or excellent. Depending on the number of their preservation suitability and health, they may fall on the border, so they end up in that poor/fair category or the fair/good category. There are gradations between the solid four categories generally looked at by our arborist. CHAIR BURCH: Commissioner Talesfore, then Commissioner Badame. COMMISSIONER TALESFORE: I just have a question. Do we care that a tree is deciduous or evergreen in these visibility calculations? JOEL PAULSON: Clearly that's something that was brought up by Dr. Weissman and Ms. Quintana. COMMISSIONER TALESFORE: Right. JOEL PAULSON: So that's something that the Commission for sure could consider, as I'm sure is clear to all the Commissioners. Staff had a recommendation for methodology that covered the broad categories, many of which are discussed in far more specificity in Dr. Weissman and Ms. Quintana's version of the methodology. COMMISSIONER TALESFORE: For me, it's almost like should more weight be given if a tree, or it could be a LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 66 ,25 1 2 3 4 5 6 7 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cluster of trees, that for the most part screen the house, but then at eight months of the year, I don't even know. JOEL PAULSON: Sure. That could be part of your recommendation to the Council, whether or not you want to include those or not. COMMISSIONER TALESFORE: I think we should talk about that, yeah. JOEL PAULSON: That's definitely something that could be discussed. COMMISSIONER TALESFORE: Especially on a house that could be extremely visible. CHAIR BURCH: Commissioner Badame, then Commissioner O'Donnell. VICE CHAIR BADAME: I was going down the line with the questions on the Staff Report, so I was on number two, "Should trees with poor or poor/fair ratings be used for screening in the visibility analysis?" and with the explanation given by Joel Paulson, I would have to say no, that they should not be used for screening in the visibility analysis. COMMISSIONER O'DONNELL: I agree with that. CHAIR BURCH: Commissioner Hanssen. COMMISSIONER HANSSEN: I thought when we had the consulting arborist that she talked a little bit about the LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 67 526 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 rating, that they were in pretty bad shape if they had that rating, because she has a fair to good rating as well, but this is fair to poor and poor, so I would be comfortable taking those out of the calculations. CHAIR BURCH: Okay, good. Then the next item is, "Should trees with sparse canopies be used for screening in the visibility analysis?" Commissioner O'Donnell. COMMISSIONER O'DONNELL: That's an interesting question, because if one assumes that it has a sparse canopy as always, as opposed to ill health, then it simply is a question of you're taking certain trees and you're identifying them as your screening, and to the extent that the sparse canopy tree is used... Let's say we have ten trees that screen, one of them is not that good because of the canopy, but taken together, it's fine. Clearly you couldn't have ten trees that have sparse canopies, but you could perhaps have one out of ten that had a sparse canopy, whatever that means, and that's to me somewhat subjective. When you look at it, you may say that isn't sparse, that's almost nonexistent, and you say that doesn't work. Sparse to me means it does screen; not as much as perhaps some other trees might screen, but it does screen. So there's a lot of room there, and I'm not sure how we benefit LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 68 -27 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 ourselves to throw up just blanket sparse screening if we don't know what it means; and I don't know what it means. CHAIR BURCH: Just quickly my thought on this. It had been that if it was a tree that had been identified as screening, yet it was healthy, but again sparse to me may not be sparse to you, then yes. If it's sparse because it's not healthy, then no. What do you guys think? Commissioner Badame. VICE CHAIR BADAME: I'm kind of torn on that one too, but some of it is going to depend on Item 4, "Should visibility analysis be done at a specific time of the year?" so we would have to determine that as well. CHAIR BURCH: Okay. COMMISSIONER O'DONNELL: Can we do that first? CHAIR BURCH: Yeah, let's do that first. COMMISSIONER TALESFORE: That also falls under deciduous and evergreen, right? Yeah, same thing. CHAIR BURCH: Commissioner O'Donnell. COMMISSIONER O'DONNELL: Let me comment on Item 4 then, because I think that's a good idea to tie them together. The problem I have with specific time of the year is if you come and you want to build your house, and you're eight months away from "the" specific time of the year, I'm LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 69 528 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 29 z5 not sure that's necessary if what you say is we're going to judge it on what it looks like today, and if you want to come in when it's not at its best, that's your problem. If, on the other hand, you want to wait until it's in fill bloom—I will use that phrase—that's okay too. That's your choice whether you wait. So if I were a homeowner and I came in eight months before it was going to be really big, I'd have to have enough other screening to take care of that, and I'd have to make my own decision. I don't think that's unfair. If you just arbitrarily say no matter what the screening looks like, we're going to wait for some eight-month period or whatever from now, I think that is unfair. To allow the applicant to take the tree as it is at the time the applicant is filing shouldn't hurt the public, and certainly the applicant has chosen to do that, so I don't think the applicant should be heard to complain either. So that's my thought on that. CHAIR BURCH: I agree. Commissioner Hanssen, then Commissioner Talesfore. COMMISSIONER HANSSEN: I thought definitely that we shouldn't hold up any development process on whether the tree was in leaf out or not, but one thing I thought about was would it be possible to put in a percentage screening LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 70 .,29 I factor to a deciduous tree, because there are certain times 2 of the year when it wouldn't be just throw out any number, 3 like 50% or something like that. It would make it simple 4 and at least would factor in that it's not going to be s available for screening year round. I don't know if that's 6 the right number; maybe we should ask the arborist or 7 a somebody, but that was a way I thought of handling it. I 9 definitely wouldn't want to support holding up a to development for another six months if they have done all 11 the other things. 12 CHAIR BURCH: I would say that might be of a very 13 specific question for the arborist, because I wonder if in 14 11 years a Planning Commission will be sitting up here 15 saying, "Where did 50€ come from?" I'm just saying, right? 16 I mean trees are funny. So if we're going to start putting 17 a percentage on it, I want it to come from a professional, 18 and I want it in writing in the record. 19 COMMISSIONER HANSSEN: I completely agree. 20 CHAIR BURCH: Tom and Joanne will still be here 21 and remember, but we won't. 22 23 COMMISSIONER O'DONNELL: I'm coming back from the (grave. 24 zs CHAIR BURCH: Commissioner Talesfore. 530 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 71 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 19 20 21 22 23 24 25 COMMISSIONER TALESFORE: My feeling about it is although I appreciate the sentiment and the spirit of measuring these tree screens at different times of the year. It's not really fair to anybody that's trying to build a home or whatever, and so I wouldn't be in favor of that. But I think a professional would be able, as they're evaluating all the trees on the plot, to very easily say now you realize that in this time of year there will be no leaves on these trees, and that could be incorporated into the report, I would think. Joel, does that happen now at all? JOEL PAULSON: It doesn't happen now. I think that that's something that could be looked at. I guess the question is then it requires that, depending on the time of year when it comes before the Planning Commission and you see the photos, you have to imagine what it looks like with leaves on it. COMMISSIONER TALESFORE: Right. well, and I think you can. I think we all can. JOEL PAULSON: Well, sure, you're free to make that determination. I don't know how you make that objectively. Obviously will be variable across species, I would imagine, as well. COMMISSIONER TALESFORE: Exactly. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 72 Al I JOEL PAULSON: So you could make this part of 2 your recommendation that you're not necessarily interested 3 in time of year per se, but that you want to have 4 additional input prior to the Council meeting before 5 they're making their decision regarding this specific 6 topic. 7 e COMMISSIONER TALESFORE: Right. Because right now 9 the Blue Oaks, as I learned, in this drought are losing 10 their leaves, because that's how they're protecting 11 themselves, so I take that into consideration when I look 12 at lots. That would be my comment. 13 CHAIR BURCH: Commissioner Hanssen, then 14 Commissioner O'Donnell. 15 COMMISSIONER HANSSEN: Is there anywhere in the 16 proposed documents to take any trees out that are there 17 today? I mean we're talking about what should and shouldn't 18 be included. For example, if p you're going to do like a 19 simulation based on the photos that were taken and 20 eliminate trees that are fair to good, couldn't you do the 21 same thing with a deciduous tree and see where they stand? zz If the meet the visibility criteria without those as 23 24 screening, then they should be fine, and if they don't, zs then maybe further investigation would have to be done. If that's a way that the analysis part of this could be 532 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 73 1 2 3 4 5 6 7 a 9 10 11 1z 13 14 15 16 17 18 19 20 21 22 23 24 25 handled, then you could eliminate those trees from the screening to see where they stand. Does that make sense? CHAIR BURCH: It does. Following up on that, my question to Staff is in the past we've had some follow up with the arborist with things like this. Is that something we could perhaps put in there as an option to the Commission if there is a property of concern, that that could be something we could request of the arborist, to do some screening analysis? COMMISSIONER O'DONNELL: Yeah, okay, but the screening analysis is after. In other words, a person comes in, the tree is not leafed out, it's not going to leaf out for, let's just take a number, eight months. They build a house. Guess what? It didn't come out the way we thought it would come out. What do you do? You clearly can't say tear the house down. I guess you could say plant another tree, but the tree is not going to be like the tree that it was. I'm just going to say it once, then I'll shut up for a change, but if the applicant wants to use living things as a screen, I think I'm personally a little nervous, because living things have a habit of dying or not being well or whatever, but I can see well, okay, that's all right, because we know those things are there. But if you want to do it and I've got to guess what it's going to LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 74 .33 1 2 3 4 s 6 7 e 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 look like in six months, even an arborist has to make an educated guess as far as I'm concerned. I can tell you to come back in six months and let's look at it, or I can say make sure your screen doesn't rely on that. Now, that may sound harsh, and maybe it is harsh, but it certainly is clear. So whatever the rest of you all agree, I just want to say I personally would like to judge the screen at the time I'm asked to (judge the screen without having people interpret it for me, such as saying well in six months, or eight months, or four months, it's going to look like this. We also know that it takes longer than six months, or eight months, or whatever, to build a house, so what happens if they're halfway through the house and we find out that tree just didn't make it or it doesn't look like we thought it would. I don't know why we would put ourselves at risk for that. CHAIR BURCH: Can I ask Commissioner O'Donnell a question just to make sure that I understand it clearly, because I think I understand and agree? The onus is on the property owner or the applicant. You came in in January and there's not a lot of coverage, but you need this percentage, whatever that percentage, coverage now. So that means maybe if everything is very healthy and the rains LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 75 534 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 come, you may have twice that coverage, but you came in today. Is that what I understand you're saying? COMMISSIONER O'DONNELL: That's what I'm espousing. CHAIR BURCH: Okay. Commissioner Talesfore. COMMISSIONER TALESFORE: And also I think that you're espousing that you don't depend on trees, you depend on how you're supposed to build on the lots in constrained regions with the guidelines we have for building, because the screening is secondary. COMMISSIONER O'DONNELL: But it's critical. COMMISSIONER TALESFORE: It's critical, but it's secondary. COMMISSIONER O'DONNELL: My comment applies only to the screening issue. The house and where it's located is totally different. All I'm saying is we're all talking about when you judge the screening. Some of you have said, and it certainly is a fair position, we'll try to estimate what it's going to look like in six months, and I'm saying I don't want to do that. But if you want to come in now and say this is my screening, I'm going to say well no it isn't, because it's not going to work. Or yeah, that's great, and it's going to be even better in six months, but LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 76 .35 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 you qualify right now. I don't know why we should take the risk of that kind of screening; that's all I'm saying. COMMISSIONER TALESFORE: I understand that, but I know when I go out and look at a lot that we have to consider and screening is there, I do try to imagine it when trees would lose their leaves. That's helps me a little bit in making a decision. CHAIR BURCH: Any other questions? To make sure, I'm going to go back. The visibility analysis done at a specific time of year, we've all said no, we're not going to have an applicant wait six months. And the trees with sparse canopies to be used for screening, that ties somewhat to Item 4 if the sparse canopy is because it's lost its leaves due to the season. That is at the onus of the homeowner, but if it's a healthy tree at any given time, then yes, it would be considered. Is that what I'm understanding on these four: That being said, I hit these four before I hit these three top topics, because they're going to be a longer discussion. Could we take a five-minute break, and then dive into what I think is going to be a lengthier topic? Is everyone comfortable with that? All right, we're going to take a quick break. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 77 536 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 (Pause.) CHAIR BURCH: All right, we're going to reopen the Planning Commission meeting. There are three questions up on the top of this sheet. We're locking at page _3 of the Staff Report. I kind of focused on those bottom four; I felt those would be a little bit easier discussion point. I'd like now to go back up to the number 1, which I think people have just been talking about off and on this whole night, is the 25% visibility cut-off too generous? Staff has replied to this question that this is the current standard, and if we decide that this percentage should be lowered, then that can be included in our recommendation. I think when we discussed it previously, there's no real hard fact on the 25%, so does anyone have any comment? Do we say obviously 25% is kind of hard to quantify, there's a range anyway? Commissioner Hanssen, then Commissioner O'Donnell. COMMISSIONER HANSSEN: I actually had a question. Because we were doing a lot of work on the Planned Development as well, we were looking at other jurisdictions. We're clearly not the only town that has hills in it and has viewing issues, so I was just curious, because I was pondering the question of if there were other LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 78 37 I (benchmarks out there and how others looked at it. Because 2 it seems to be a number that no one knows where it came 3 from, and it would help me to know if there was any 4 precedent for this one way or the other. 5 JOEL PAULSON: Staff didn't look at any other 6 jurisdictions in terms of visibility percentages. We did look at some of the LRV percentages, but not visibility. e COMMISSIONER HANSSEN: And those comments that 9 10 you made were helpful in terms of looking at this, and I 11 thank you for that. 12 CHAIR BURCH: Commissioner O'Donnell. 13 COMMISSIONER O'DONNELL: A comment, then I have a 14 Question. 15 I guess the comment is that the 25% is purely 16 arbitrary, but any percentage is basically really 17 arbitrary. It's not somethingyou can Y prove mathematically 18 one way or the other, so somebody thought the 25V sounded 19 reasonable to them, and I'm sure that's what they thought, 20 and we have to explore I suppose what is it that is 21 reasonable. 22 If I were to ask Mr. Paulson again to explain to 23 29 me the impact of the 25%. In other words, one suggestion zs we've seen tonight was that we reduced that to 20%. I'm sorry for being slow on this, but I need some reminder on �-' 538 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 79 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 impact of the cut-off. So whether it's 25% or 30% or 15%, iiscuss with me a little bit what happens? JOEL PAULSON: There's a specific impact as it relates to heights. Currently if you're not visible you can lave up to a maximum height of 25', and you can have up to a maximum height from the maximum high to the maximum low Df 35'. If you are visible, the 25% or more, then you have a maximum height of up to 18' and the maximum high to maximum low—I'll have to look exactly—I believe it's 281, but I will confirm that if that's different. So that's the impact. The other impact would be based on your previous action tonight, that if it's visible you would not be able to use the color average option should that be adopted by Council. So those are the two that come to mind. COMMISSIONER O'DONNELL: Thank you. CHAIR BURCH: Commissioner Badame. VICE CHAIR BADAME: To Commissioner Hanssen's inquiry about other jurisdictions and what they use with their measurements, I did come across the City of Montecito with their hillside standards and guidelines, and they don't use a visibility percentage cutoff. In fact, they just state that the average height of the primary residence LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 80 .39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 should not exceed 16', which I felt was rather interesting, so I did want to share that with the Commission. CHAIR SURCH: All right. Commissioner Talesfore. COMMISSIONER TALESFORE: I have a question of Staff, so I can understand this as well. That 25%, is that in one place, or is that in the collection of the entire house as it may appear across... I think I know the answer, but I want to be sure that I understand that. JOEL PAULSON: I believe it would be across an elevation, so the elevation that's visible. COMMISSIONER TALESFORE: Though it could be 15 here, 10 here. JOEL PAULSON: You could have portions of multiple elevations. COMMISSIONER TALESFORE: Right, okay. I looked at anything that is a number as a limit. It's sort of like a speed limit, isn't it? We can go 65 miles an hour, and yet many people go 75 miles an hour or more and it seems to be the goal of some people on the road today—which is a whole other conversation—but what I just want to avoid is that when a developer or builder sees a percentage that says 25% visible, that that isn't what they're going to build to, so that they're thinking I can build this house like this, because I can let 25% of it show either on one space or �- 540 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 81 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 across the elevation. That is what I am trying to prevent, I guess, or would like to preserve or protect, that that isn't a number that's a goal. Sometimes when you have limits like that, it becomes the goal instead of what we... You know, it's the extreme. Do you see what I mean? It's the extreme when we don't really want that. So how do you prevent that? I'm not sure that having a number prevents it. My comment for now anyway. CHAIR BURCH: Commissioner Badame. VICE CHAIR BADAME: I'm not comfortable with the number either, or even what we have now is actually a creative definition of a visible home. A visible home is what it is, a visible home, capable of being seen. Back to a little bit of the tree canopy conversation. You can have a full canopy on a tree, but you can still see through the leaves. I mean it's still going to be visible somewhat. Back to the height percentage, we're arguing over 7' in height and bulk that really could be more appropriately spread out by stepping a home down a hill, which should be done, and maybe keeping these visible homes being visible to 18'. I am going to throw that out there. CHAIR BURCH: Commissioner O'Donnell. LOS GATOS PLANNING COMMISSION 12/2/2015 Al Item #3, Hillside Development Standards and Guidelines 82 OR 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: I have a problem saying that anything that is visible... Well, I guess what you're saying is the zoning ought to say everything up there is single -story, and if that's what you want to do, that's what you want to do. But you say there's not percentage, it's just anything that is visible, whatever that means—I think it means a dictionary definition—has to be 18' or less. That will be a dramatic change from everything we've lever done. I'm just thinking out loud, and maybe I'm thinking wrong, but I'll let you have your say in just a minute, because I'm trying to think it through. It seems to me that I personally have not had a problem with a two- story house if properly built and then the visibility is okay, whatever that means, so I wouldn't want to have a simple solution, which is to say all homes will be no greater than, as Montecito sounds like, 161. That's a very simple solution, but I'm not sure it's a solution that I personally would favor. And if you say no, there could be some homes that could be two stories, you're saying one way to handle that is a stepping down the hill, and therefore the height of that home taken from the ground level as it changes would LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 83 542 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 be whatever it is, 20' or 25' or something, you could do that. On the other hand, that presupposes that every lot and the buildable space in every lot will fit that, and I don't know that, and I don't think any of us know that. So notwithstanding the arbitrary nature of 25%, and I'm not advocating 25%, I haven't pulled anything out of the air what it is. I think if 25% represents what somebody thought was an acceptable level of visibility, then I would like us to discuss is there any level of visibility which is "acceptable": Because if there is, then the problem is simply 25%. If there isn't, as you said, visibility is visibility, that's certainly true, except as defined by us, then I have a problem, because if you say anything which is visible must be 18' or must step down so that in fact it's 18' from the declining contour of the ground insofar as the roof is concerned on that declining portion of the ground, that's a dramatic change, one that we have never discussed, I don't think. And I'm not saying it's wrong, maybe it is right, I don't know, but boy, that's a dramatic change, and I don't know that we've been briefed on that. In other (words, I would have real problems, unless I understood it (better. LOS GATOS PLANNING COMMISSION 12/2/2015 ,43 Item #3, Hillside Development Standards and Guidelines 84 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 M CHAIR BURCH: I have asked Mr. Paulson to place this up on the overhead. The left is obviously what we encourage in the hillside; the right is Please Don't Do IThis. I wanted to ask Commissioner Badame, with what you were stating as far as potentially looking at height restriction, the house on the left, what we've done is we've encouraged that it contour to the hillside. So when you're saying 181, are you saying on any one of those vertical planes those are 181, or the lowest to the highest point is 181? I'm asking that pretty specifically because I would worry then that we would have people that would almost go to the right and keep it on one even plane, rather than look at the contour, unless you were saying each vertical plane cannot exceed 181, so I wanted some clarification on your thought. VICE CHAIR BADAME: I would say Exhibit 1, the Do This, would be where I'm going at, and I'd also like to clarify with Commissioner O'Donnell that when we talk about a visible home, I'm not saying all the homes in the hillside. They are subject to the viewing platforms, or vantage points, whatever we want to call them, so those LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 85 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 19 20 21 22 23 24 25 would be the homes that I would be concerned about with the 18' restriction. COMMISSIONER O'DONNELL: But almost any home is visible with a 500 millimeter lens, so if you're saying I want a home up there that nobody can see, otherwise it's visible, I think that is a dramatic departure from anything we've gotten, and if it's correct, I would like to have a lot more Staff input and legal input. As I said before, at some point you're going to make things unbuildable. I'm not saying this is it, I'm just saying that to me is such a big departure that I would need more help before I could make that departure. CHAIR BURCH: Any other questions? Commissioner Talesfore. COMMISSIONER TALESFORE: I would like to, if we could leave the height for right now, just get back to the 25%, or 24.5%, because that is an arbitrary number to me. How about if it was 15%, or 10%? Is that pretty unreasonable? Is 10% pretty unreasonable? Let's just go through the percentages. What sounds reasonable here? What sounds not reasonable? I'm not sure how to approach this. CHAIR BURCH: I don't know how we would answer that. We had this discussion last time, so I'm going to go back to not the special meeting that Commissioner Badame LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 86 .,45 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 87 1 led, but the Commission meeting prior to that when I think 2 we brought up the 24.5%. Even at that, depending on where 3 we stand and where we look at, 25% is still a range, right? 4 So I think then what we need to look at is, again, we don't 5 want it to turn into where the Town is buying all the 6 hillside because we won't let people build on it, sc 254 7 seems to be the right lot, you can build on it. e I would worry if you got down to a number of 10%. 9 10 We're saying you can't build anywhere, and then we may be 11 getting ourselves in some legal issue. I would look to our 12 Town Attorney. 13 JOEL PAULSON: I think the visibility, it doesn't 14 say that you can't build anything, but it would restrict 15 you from height perspective, yes. 16 CHAIR BURCH: That's my concern. 17 COMMISSIONER TALES£ORE: I'm just throwing these 18 numbers out. To me, 10% isn't reasonable. 19 CHAIR BURCH: Okay. 20 COMMISSIONER TALESFORE: But I don't know if 25% 21 is. On the other hand, we do have restrictions now with the 22 colors. I mean we have that settled, so that makes me a 23 little more comfortable. My whole thing is I just don't 24 25 want people thinking this is going to be okay and I get to have 25% of this house... Do you know what _'m saying? LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 87 1 2 3 4 5 6 a 9 10 11 12 13 14 is 16 17 19 19 20 21 22 23 24 25 JOEL PAULSON: And I think you're right on that. COMMISSIONER TALESFORE: Now, I'm thinking people aren't like that. Pardon me? JOEL PAULSON: I think you're right in that same situation, regardless of the number. COMMISSIONER TALESFORE: And I think you're right. JOEL PAULSON: So changing the number doesn't really help you there. COMMISSIONER TALESFORE: It's sort of like the FAR, isn't it? JOEL PAULSON: Sure. JOEL PAULSON: It should not be a goal to be 25% visible, so I think that's what we're really grappling with here. How do we prevent that, and how do we protect our hills from that? What I'm trying to do is link it all back to what's in this document. CHAIR BURCH: Commissioner O'Donnell. COMMISSIONER O'DONNELL: I don't think it's like a speed limit. I don't think it's like this is a 65 zone. Whoever builds a house out there, and to the extent they understand what the standard is, let's assume it's 25%, there's a lot of subjectivity to determining 25%. For example, we've talked to viewing platforms; we've talked LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 88 .i47 I about vantage points, because we're not going to be locked 2 into a viewing platform. It may be that the viewing 3 platform isn't reasonable. It ought to be 500' the other a way, or whatever. 5 So if I'm a builder am I'm trying to, like you 6 say, go 70 miles an hour, that's fine, because we all 7 e figure a cop will give us five miles or whatever it is, but 4 here you don't know what 25% means. So I don't think 25% to will set the standard, but at least it's something. 11 I can say this: 25% now exists, and if I want to 12 change 25%, I probably ought to have a reason, and it's not 13 a reason to say I think 10% sounds unreasonable, because I 14 don't know what "sounds" means. I would not defend 25%. On is the other hand, I don't know what to use. And if we say 16 let's make it totally subjective, and somebody comes in and 17 says well what do you think, and whoever looks at it says I is don't like it, that's not going to work either. So the only 19 good thing about some percentage is there is some 20 objectivity. It's a difficult objectivity, but at least 21 it's something. 22 23 I don't care if it's 25� or what it is. I don't za have a defense for any number of any percent. Twenty-five 25 percent may be too high, I don't know. But I will say this: Since we have the number, we ought to have a reason to LOS GATOS PLANNING COMMISSION 12/2/2015 548 Item #3, Hillside Development Standards and Guidelines 89 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 change the number. I can't defend the number, but I sure as heck can't defend one to change it to. CHAIR BURCH: Commissioner Hanssen, then Commissioner Talesfore. COMMISSIONER HANSSEN: I just wanted to say I support Commissioner O'Donnell's position on this. Absent having some specific reason to change it if it has been working, if we felt that there was a need to tighten things up, the way to do it in my mind would be rather than making a dramatic statement about the percentage and what's viewable or not, is to look at the calculation parts of it and how you figure out what 25% is or what viewing platform you use. If that were in place that we got to and we thought that it needed to be tightened up, that's the way I would do it without having any benchmark or any specific reason to change it. CHAIR BURCH: Commissioner Talesfore. COMMISSIONER TALESFORE: Yeah, see, I'm struggling with this as well, because 25% of the whole house that could be seen here, and here, and here, and here, isn't like 25% of one portion of it. If it were 25% of one portion of a house, a wing of the house showed because that's the way they built it on the land, I would think that that might come before the Planning Commission LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 90 1 as being too visible. Would that in any case? We've seen a 2 lot of homes like that. What happens? Is there a caveat to 3 that? Is there someoint that p you say well, if it was a spread across the... 5 JOEL PAULSON: I guess we go back, and I did look 6 back in the 25% visibility is for a visible elevation, so 7 8 we'd be looking at the elevation as a whole, and you could 9 have multiple elevations that were visible from either one to single platform or from two different platforms 11 theoretically, so that's what we'd be looking at. If it met 12 the threshold of the 25%, that's not something that we 13 necessarily bring to the Planning Commission at this point. 14 So that's where we are, and I can't think of any 15 in the last 15 -plus years where that's been so close that 16 we've raised that question. That's just some recent 17 projects where that's come up. 1e COMMISSIONER TALESFORE: Okay, but we did have a 19 trigger, obviously, and we had a process, so the number did 20 do something to bring it to our attention. 21 JOEL PAULSON: Yes. 22 23 COMMISSIONER TALESFORE: Okay. za CHAIR BURCH: Commissioner O'Donnell. 2s COMMISSIONER O'DONNELL: One thing I think which would be helpful is where we view it from, because we have 550 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 91 1 heard some people say using a viewing platform, because 2 that's where it's defined, doesn't always work, and I think 3 that's true. So the 25% is one way to look at it, but it's 4 125% when viewed from where? 5 If somebody comes in and makes the case that yes, 6 from that viewing platform it's 10%, but if you walk down 501, it's 50%, 1 think that ought to be paid attention to. 8 I think what I'd like to make sure is that whoever it is, 9 and I think one of the drafts in there says the decision 10 maker, I don't think that's the right way to go, because I 11 12 don't think the decision maker, in our case the Planning 13 Commission, somebody shouldn't have to wait until they come 14 (before the Planning Commission to find out where the thing 15 should be viewed from. I think that's more of a Staff 16 Idecision. 17 I But I think you aren't locked into 25% as an 18 larbitrary number, Well, it is an arbitrary number, but you 19 laren't locked into it, except to the extent that wherever 20 it's viewed from is deemed to be the right place, or a 21 reasonable place to view it. As long as we have that 22 flexibility, and maybe we should have that flexibility, I 23 don't' feel bad about the 25%. 24 25 ---�I LAS GATOS PLANNING COMMISSION 12/2/2015 .,51 Item #3, Hillside Development Standards and Guidelines 92 I CHAIR BURCH: Is there a comment back from Staff? 2 I know we've discussed this. We've the set four viewing 3 platforms, and then we have this number five. 4 JOEL PAULSON: Correct. 5 CHAIR BURCH: Would you clarify that? 6 JOEL PAULSON: As we evolve our review, and in 7 a light of some recent decisions, there have been instances 9 specifically where you go 150' or something in one 10 direction or another where that becomes visible, and so 11 that's where the analysis for those homes were done, and 12 they'll be back before you shortly. 13 To your deciding body comment, at the first 14 meeting we changed that to Community Development Director 15 to address that concern. 16 I think the challenge gets to be from a vantage 17 point perspective what's that distance? Are we going up and 18 down Los Gatos Boulevard because there is a viewing 19 platform on the Boulevard? Up and down Blossom Hill because 20 there's a viewing platform on Blossom Hill? Up and down 21 Main Street, up and down Highway 9? From the arbitrary 22 23 perspective, the vantage points, depending on whether 24 that's the valley floor and/or in the hillsides, I think is zs a little different conversation, but I think we definitely are trying to take a fresh look at that and make sure that 552 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 93 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 if there is a possibility in a reasonable distance from the actual viewing platform where it's visible, that's where ae'd be asking folks to look at that. COMMISSIONER O'DONNELL: The argument ought to be that the viewing platform is presumed to be the right place, except to the extent that based upon reasonable evidence, it can be seen that some viewing platform in some proximity to that viewing platform is in fact better. So that issue could either be raised by Staff or by a citizen, saying well that's great, but you're looking at this sign right there and you can't see through the sign. If you went 50' to the left, then you could see it. So I think as long as Staff has that flexibility, then I don't feel bad about that. The other question you're raising that we've heard tonight is what does it mean from the valley floor when in fact somebody was saying but you'd be in undulating hills, and some guy that's at the bottom of the undulating hill is looking up at the guy who is above him. We haven't gotten into that. I think we're talking about the valley floor being basically where we presently have our viewing platforms, and as long as you have flexibility on the viewing platform, I don't feel so bad about staying with Isomething that I don't have enough evidence to change. LOS GATOS PLANNING COMMMISSION 12/2/2015 item #3, Hillside Development Standards and Guidelines 94 j53 I JOEL PAULSON: We do have that flexibility. 2 CHAIR BURCH: Commissioner Badame. 3 VICE CHAIR BADAME: I was going to point out to 4 Commissioner O'Donnell, which was already explained by Joel 5 Paulson, that on the Staff Report page 2, dated October 21, 6 2015 they do address that as Item 5. "That other locations, a as deemed appropriate by the Community Development 9 Director," so I'm going to hope that provides you that 10 comfort, because it does for me. 11 CHAIR BURCH: Are we comfortable then with the 12 idea of viewing platforms, at least from the valley floor? 13 I'm not talking about if we're up in the hills. I know that 14 was one of the topics that I had listed for us, and then 15 that falls back to what we were just discussing. Nobody has 16 really said I have a substantial reason to change the 25%. 17 Commissioner O'Donnell said what does that mean? Is that 18 from the viewing platforms. ? 19 So I hear my fellow commissioners say I don't see 20 any reason tc change the 25%, and it's 25% from the viewing zl platforms or at the discretion of the Community Development zz 23 Director if within that range there's another viewing 24 point. Do I hear my fellow commissioners correctly? 25 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 95 1 2 3 4 5 6 7 a 9 10 11 12 13 17 is 19 20 21 22 23 24 25 COMMISSIONER TALESFORE: You are, and I think also any residents that live around, they know where to :ome. That's part of it too. COMMISSIONER O'DONNELL: To raise the issue. COMMISSIONER TALESFORE: Yeah, to raise the issue. I'm comfortable, especially because Staff understands -they've been here long enough -that we can move that viewing platform. They understand the question. Now, I don't know if we need to put that in any kind of further language though. That's my only thought: Do we need to put something in about that, just so we are clear about why we kept the 25%, so we're not guessing in 20 years where that came from and why is it still here? JOEL PAULSON: No, I think this will live on for quite some time on video, and we'll have verbatim minutes when it goes to Council, and they'll have the same conversation as well, so I think we'll have plenty of record of that long after any of us are still here. COMMISSIONER TALESFORE: But could there be some Ilanguage crafted around this? COMMISSIONER O'DONNELL: (Inaudible). VICE CHAIR BADAME: Item 5. COMMISSIONER TALESFORE: I understand that, but I mean do we need to craft it any clearer? LOS GATOS PLANNING COMMISSION 12/2/2015 155 Item #3, Hillside Development Standards and Guidelines 96 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 COMMISSIONER TALESFORE: I don't think so. I (think it gets back tc Commissioner O'Donnell's comment that the 25% number is what it is. It sounds like generally people are comfortable with that, with the viewing platform language that's proposed. COMMISSIONER TALESFORE: And really, it is the extreme, and we would hope that that wouldn't happen often, so that's the caution I would hope that we put out there somewhere. Thank you. CHAIR BURCH: So in 11 years, when it's you two and Mr. Paulson, Joel will have the verbatim minutes of this meeting to share. So this then brings us to the next one, which is number two on the top of this list: "Should the visibility calculations also consider the square footage of the elevation that is visible?" This rolled a little bit into what Commissioner Badame was bringing up, I believe. The response from Staff is, "The current and Staff proposed methodology will use a square footage of elevations that are visible from the viewing platforms," and as we understand now, there's a bit of flexibility with number five, "to calculate the visibility as currently required. It should be noted that visible homes are limited to a height of 18', therefore an LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 97 556 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18' tall home with an elevation that is 100% visible would comply." I know Commissioner O'Donnell brought this up earlier, so do you want to talk further on this? COMMISSIONER O'DONNELL: I think I said previously I don't like that, and I have not changed my position. CHAIR BURCH: Do you have a proposal on perhaps changing that wording, or what you would like to see? COMMISSIONER O'DONNELL: I would like to see it applied to any home. Now, Mr. Paulson could (inaudible). It seems to me that everybody should try to be building a home up there that is not very visible (inaudible) is a very arbitrary number, 25€. I don't see why it makes a difference if it's a small home, and I don't see why a small home couldn't also comply with these regulations as well as a large home. COMMISSIONER TALESFORE: I just offer that it complies. Technically that does not take away the Planning Commission or Council or Staff's discretion to say this is a very visible home, so maybe 18' or the siting isn't appropriate, and to look at those possibilities. COMMISSIONER O'DONNELL: You're saying it's technical, but are we addressing whether we can change LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 98 .,57 I that? Is it technical only because of what we're trying to 2 interpret? 3 JOEL PAULSON: The 25%- deals with the visibility 9 at 181, which I think we were talking about earlier, which 5 crossed over in the LRV component as well. I understand 6 your comment is that if you have an 18' tall house that has e a 100' elevation that is completely visible from the valley 9 floor, that that 18' may not be restrictive enough; they to may need to look at other opportunities to either put that 11 in another location on the site, or look for areas where it 12 would be more screened. 13 COMMISSIONER O'DONNELL: Yeah, some sites just 19 don't work. As long as the law itself is a reasonable law 15 it is not our problem to deal with your land problems, so 16 yes, I think I just agreed with what you just said. 17 LAUREL PREVETTI: Right, and I would just add 18 that the Commission or the Town Council would continue to 19 have all of its land use discretion, so you could still zo deal with the mass and bulk and overall size of a home 21 independent of this visibility analysis issue. zz 23 COMMISSIONER O'DONNELL: But let's assume that 29 you would otherwise be satisfied, but from a viewing zs platform or a vantage point it stands out like a small sore thumb. 558 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 99 1 LAUREL PREVETTI: Right. 2 COMMISSIONER O'DONNELL: I wouldn't want somebody 3 to be able to says well golly, you specifically told us 4 that if it's this height or whatever, by and large we're 5 okay on that one issue. 6 LAUREL PREVETTI: No, and what I'm trying to reinforce is that you retain your full land use discretion a to say the real issue isn't visibility or not, the real 9 issue is that the house is too big for the site and within 10 the least development restrictive area that you have your 11 12 ability to say make this house smaller. So the visibility 13 analysis has a purpose in terms of the height of the 14 structure, but that's just one component. You still have 15 all the other issues to deal with. 16 COMMISSIONER O'DONNELL: What I'm trying to find 17 out is have I given away that one issue. Forget the fact 1e that I've got all the other issues. You're telling me that 19 I've got all these other issues; that's great. I'm saying 20 have I given away the other... What if I want to say I don't 21 like your house because it's quite visible from down there, 22 and they say oh wait a minute, we're only a single story, 23 we're at 18', to heck with you. You don't get to turn me 24 down because it's visible. That's what I'm asking. 25 LOS GATOS PLANNING COMMISSION 12/2/2015 J59 Item #3, Hillside Development Standards and Guidelines 100 I LAUREL PREVETTI: Well, look at the guidelines, 2 because I think the overt purpose and intent of the 3 guidelines is to minimize impact to the hillsides, and I 4 think that's really the frame of reference. So what we're 5 trying to do tonight is really determine what methodology 6 makes sense for the visibility determination, but that e doesn't preclude the Council or the Commission from all the 9 other guidelines that are in this document. 10 COMMISSIONER TALESFORE: I was just going to 11 comment that that is what the intent of the Hillside Design 12 Guidelines is, to prevent visibility. At 181, I don't care 13 what it is, if you see it, you see it. Fix it, right? 14 JOEL PAULSON: I think in the Vision Statement it 1s talks about that the "vision of Los Gatos that this natural 16 asset be preserved by ensuring that any development in the 17 hillside areas," and it has a list, and the last one, 18 "protects and preserves view sheds," is part of that 19 statement. 20 COMMISSIONER O'DONNELL: As a lawyer, and I guess zl zz I can involve our lawyer, if you draft something that says 23 you're okay, don't forget you got all these other things, 24 and we've got these wonderful statements about how God is zs good and the country is wonderful, we can get you on those. Why are we doing that? I'm just saying why do we have that 560 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 101 1 exception. Why don't we say if you're visible from the 2 valley floor, I don't care how big you are, you have to 3 comply with the same rules everybody else complies with. 4 Why do we have an exception because you're a single story? s JOEL PAULSON: It's not an exception; it's a 6 requirement. COMMISSIONER O'DONNELL: It's an exception from e the visibility rule that we just went over. If you say no, 9 then fine, but let's get rid of this one-story thing. 10 LAUREL PREVETTI: First let me just say I think 11 12 one of the statements in our Staff Report might be a little 13 bit misleading. The visibility analysis helps us to 14 determine the maximum height of the building. That's just 1s one issue, as you know, being Commissioners, of all the 16 issues you consider when considering a brand new home in 17 the hillsides. I think where we probably need to clarify is is in the middle of page 3 of the Staff Report, that an 18' 19 tall home with an elevation that's 100% visible would zo comply with this portion of the Hillside Design Guidelines. 21 Rather than the blanket statement that therefore you comply 22 with the entirety of the guidelines, our intention was to 23 be very specific, but I can appreciate how the Commission 24 might see that as a very broad declaration, which we 2s apologize if that's throwing you off. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 102 X61 S%. 1 CHAIR BURCH: I'm just going to ask a quick 2 clarifying question, just so I understand. The way that I 3 would interpret that is that last line, 18' tall home with 4 an elevation, blah, blah, blah, complies with the 5 visibility portion, period. However, it must also comply 6 with the list of other, and if it doesn't, it's coming 7 here. a 9 Commissioner Badame, the Commissioner Hanssen. 10 VICE CHAIR BADAME: I'd just like to point out 11 that Exhibit 7 as provided by Lee Quintana, she added a 12 suggestion in here to, "clarify the discretion of the 13 Planning Commission and the Town Council that clarify or 14 clearly state that whatever language is adopted regarding 15 visibility and the visibility analysis, that meeting the 16 criteria is not a guarantee that the project will be 17 approved." So we might want to consider adding that in as 19 part of our recommendation. 19 JOEL PAULSON: I guess we just offer that that's 20 true of every application, but if we want to add... 21 22 COMMISSIONER O'DONNELL: (Inaudible) it's fairly 23 clear. You're saying it satisfies that portion, which says 24 that there are other portions that you have to satisfy. I 25 agree with what Commissioner Badame said, and what was submitted to us, I'm just not sure it's necessary in light LOS GATOS PLANNING COMMISSION 12/2/2015 562 Item #3, Hillside Development Standards and Guidelines 103 I lof the words that are suggested be added, but I'm not 2 (fighting against it. 3 CHAIR BURCH: Commissioner Hanssen. 4 COMMISSIONER HANSSEN: I don't know if there's a s resolution for this, but I wonder if the intent and purpose 6 of the Hillside Design Guidelines was for there to be any homes that were 100% visible? So I'm still struggling with a that even with the discretion and that sort of thing. It 9 seems like a loophole in the process. Do we have homes that 10 are 100% visible, especially since these guidelines were 11 12 put together? 13 JOEL PAULSON: I can't recall any off the top of 14 my head that are 100$ visible, but clearly there have been is homes that are visible. You guys have seen a couple of them 16 where they've requested exceptions to height, where they 17 were already visible. Many of those were existing houses 19 where they're doing additions, or the existing home is 19 visible and they're tearing it down. I think it was up on 20 Aztec Ridge and they wanted an exception for a tower 21 element. 22 COMMISSIONER HANSSEN: That still makes me feel 23 uncomfortable that there's a loophole for something to be 24 that visible when we have all the statements of intent in 25 the guidelines to not let that happen. But I don't know LOS GATOS PLANNING COMMISSION 12/2/2015 X63 Item #3, Hillside Development Standards and Guidelines 104 I what the answer would be other than rely on the rest of the 2 development process, or have something additionally in L 3 there that said in no event could a house be more than X 4 visible regardless, but I don't know what X would be. 5 CHAIR BURCH: Commissioner Badame. 6 VICE CHAIR BADAME: I believe that's our purpose as a planning commission, and our role is to address e 9 discretionary items and make judgment on them; otherwise, 10 we wouldn't have a Planning Commission unless we had issues 11 like this come before us. 12 CHAIR BURCH: Commissioner O'Donnell. 13 COMMISSIONER O'DONNELL: This is the last time 14 I'm going to beat this horse, but that's what I was trying 15 to say earlier. That is to say, why do we have the 16 exception for the 18' house? The bad example of that is the 17 100%; it's okay from that one point. That wouldn't satisfy 19 me. I don't see any reason why because it's an 18' house 19 being 100% visible is okay from that position. I would like 20 to Say it isn't. I would like to say no house up there 21 should be greater visibility... I mean I'd stay with 258, zz 23 quite frankly, unless somebody can make the case that that doesn't apply. 24 zs That conceptual issue is not solved by the language suggested, I can live with it, but it seems to me LOS GATOS PLANNING COMMISSION 12/2/2015 564 Item #3, Hillside Development Standards and Guidelines 105 1 it's a fairly... This is your example of about 100% visible, 2 and if that's the case, then I don't know why we're doing 3 Iit. 4 ROBERT SCHULTZ: I guess one example would be if s you had that case where you had a 18' home and it was 100 6 visible and you were not able to move the home, you s 9 10 11 12 13 couldn't shrink it, you couldn't do anything; it just didn't have screening. Then it would be a taking, because basically you're preventing them from putting any structure on. Maybe we can craft some language in that exception, but that's where I would be worried is if you've got a lot that just is completely visible, there's no screening on it, 14 Imaybe there's no trees, and it's going to be seen from the 15 valley floor and it's a legal lot, are you saying he can't 16 build at all? 1? COMMISSIONER O'DONNELL: No, I'm saying we have 18 discretion just as we talked about having higher and all 19 that. If somebody came in and said there's this one lot in 20 Los Gatos and we want to build this house that otherwise 1s 21 small, it's 18' high, but dog gene it, it's 50$ visible, 22 they might make the case that you're making, and if we 23 can't build anything here we're going to send you a bill 24 for the lot. And we might say tell you what; we're going to 25 make an exception. You have to plant to screen, and here's LOS GATOS PLANNING COMMISSION 12/2/2015 X65 Item #3, Hillside Development Standards and Guidelines 106 I how you plant it, and all these kinds of things. I'm not 2 saying we're trying � y g tc prevent people from building at all, 3 but I am saying I don't know why there should be a general a exception saying if it's the 18' house, then 100% is fine. s That seems to be the reverse of saying if you have an 6 7 unusual hardship, we can deal with it. I personally would e rather say that than to say 100% is okay, but we can look 9 to height, mass and all that stuff. So I agree with 10 Commissioner Hanssen. 11 CHAIR BURCH: So with that discussion then, Ms. 12 Prevetti, is there a way we can look at the wording? 13 LAUREL PREVETTI: I think what we can do is look 14 at the guidelines and see if there are other provisions. I 1s think the spirit of this conversation has been very good, 16 and it's clear that what we're trying to do is there's the 17 visibilityanalysis y part of it, but then there's also the 18 other objectives of minimizing visibility, period. To the 19 extent new screening or other conditions could be added, we 20 can just either check through the guidelines—maybe not zl 22 right now—but see if there's already language in there, and 23 then as your recommendation goes to Council we can remind za the Council that those opportunities exist. If it doesn't zs exist, that could be another recommendation from this LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 107 566 1 Commission to the Council to make sure that other efforts 2 are undertaken to minimize overall visibility. 3 COMMISSIONER TALESFORE: I don't know if this is 4 an appropriate question, but what exactly was the Staff s hoping to get from that question from us? Are we missing 6 something on this? You asked the question, and I'm not sure... 8 JOEL PAULSON: This was a question from Dr. 9 Weissman and Ms. Quintana's letter, so we pulled that 10 forward. 11 COMMISSIONER TALESFORE: All right, thank you. 12 13 CHAIR BURCH: Yeah, number three is the idea of, 14 "Should the all important visibility calculations be peer 15 reviewed by an outside source?" 16 Commissioner O'Donnell. 17 COMMISSIONER O'DONNELL: I would like to resist 1e making applications too expensive in general. On the other 19 hand, there may be exceptions when you do need peer review, 20 but I would like Staff, in considering the application an 21 all that kind of thing, to at least take an educated view 22 as to whether it's going to run into trouble, and if it's 23 going to run into trouble, then they ought to have the 24 right to say look, we want you to get an independent party 25 1 LOS GATOS PLANNING COMMISSION 12/2/2015 ,,67 Item #3, Hillside Development Standards and Guidelines 108 04 1 to review this. That might then save the applicant some 2 money of having it done by their person. 3 But it wouldn't mean that everybody would have to 4 do that. I mean some have got to be easy, and so if Staff s had some discretion I would like to make it as inexpensive 6 as possible for the applicant, so on most of these cases I 8 would think you could say fine, this is not going to be 9 controversial, submit your stuff. But it's always subject 10 to the fact that if we get a report from you and it just it doesn't hold water, we're going to tell you that you need a 12 third party. 13 Or, going in you know it's a controversial thing, 14 maybe because you think it's questionable or because you 15 anticipate the community thinking it is difficult, in which 16 case I think you ought to be able to say to the applicant 17 don't bother to get your own, unless you want to do it, 18 that's fine, but we want to get a third -party, p y, independent 19 evaluation. So that would be my suggestion. 20 21 JOEL PAULSON: We do that with some of our other zz peer review consultants currently, the arborist, traffic, 23 where they can prepare their own arborist's report and have 24 lit peer reviewed by our arborist where they can provide the zs funds to the Town and an arborist prepares the report, which isn't peer reviewed. LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 109 - I So I guess we just need to look into what those 2 consultants are and then send out and RFP, so we had 3 someone on call in those few instances where that may come 4 up. s COMMISSIONER TALESFORE: I would agree with that. 6 Many times these outside consultants have helped us make our decisions and enlightened us in ways that I feel are 8 not prejudiced at all. I would agree with that; I think 9 that's a fair idea. 10 CHAIR BIRCH: All right, if we're all in 11 12 agreement on that, that was the list of questions that were 13 here, but I would like to ask -it was a lengthy document, 14 there were a lot of points brought up by Dr. Weissman and 15 Ms. Quintana -does anyone have other discussion points that 16 we would like to make sure that we include on any type of a 17 recommendation that we send to the Council? 18 COMMISSIONER TALESFORE: I'm just bringing up the 19 one from Michael Kane. I'm not sure that this is the 20 appropriate meeting for that, because this has been pretty 21 specific to two topics. I think he's referring to the fact 22 that if we're in review of a document, that's what I'm 23 thinking anyway, he said, "We should take another look at 24 the provisions regarding garages, cellars, and language 25 LOS GATOS PLANNING COMMISSION 12/2/2015 .09 Item #3, Hillside Development Standards and Guidelines 110 I could be more specific about houses stepping down the 2 hillsides." 3 JOEL PAULSON: I think his closing statement that 4 that's not really what's before us now, I believe that's 5 part of a... 6 COMMISSIONER TALESFORE: And that was my opening a statement, so I didn't know if... Do we put that on the 9 parking lot? 10 CHAIR BURCH: Anyone have any other comments, or 11 does anyone want to form a recommendation to Council based 12 on this discussion? 13 COMMISSIONER TALESFORE: Sure, what was it? How 14 do we make that? I think that I would like to make a motion 15 that we forward the recommendation to Town Council for 16 approval, and also the extra comments that were made here 17 tonight. Or not approval, but just to forward this on with 1s any comments, right? 19 CHAIR BURCH: It's a recommendation for approval. 20 21 COMMISSIONER TALESFORE: Yeah, for approval. zz Okay. Of amendments to Chapter 5. We already did Chapter 2. 23 Oh, okay, so this is Chapter 2 of the Hillside Development 24 Standards and Guidelines. 25 I can make the findings that there's no Possibility that this project will have a significant �-' LOS GATOS PLANNING COMMISSION 12/2/2015 570 Item #3, Hillside Development Standards and Guidelines 111 1 impact on the environment, therefore the project is not 2 subject to California Environmental Quality Act Section 3 15061(b)(3), Review for Exception, Exhibit 1. Am I missing a something? s CHAIR BURCH: I don't know if this is necessary. 6 I've been taking notes on all of these items. JOEL PAULSON: Sure. And so has Staff, and I can e go through some of the consensus points that would be added 9 to that. 10 COMMISSIONER TALESFORE: Can you do that? Thank 11 12 You. 13 JOEL PAULSON: And then any that I may miss, 14 either Ms. Prevetti or Chair Burch can go into those. 15 I think the first was that there was consensus on 16 requiring a deed restriction and making sure that we had 17 the tree numbers identified in that deed restriction and is making sure that the replacement was not necessarily a 19 replacement of the full canopy of that tree, but it wasn't 20 also a five -gallon tree, so something reasonable. 21 COMMISSIONER TALESFORE: Should we put another 22 number on that? It could be a 48 box or something. 23 JOEL PAULSON: I think it's going to depend on 24 the size of the tree that's providing the screening, 25 ---,I LOS GATOS PLANNING COMMISSION 12/2/2015 .71 Item #3, Hillside Development Standards and Guidelines 112 1 (because you may have some smaller trees. I think it would 2 depend on the size of tree, and so we would look at that. 3 COMMISSIONER TALESFORE: Okay. 4 JOEL PAULSON: I think there was consensus on not s including trees that are in the poor or poor/fair category; 6 those could not be included. 7 The other was that we should get a peer review e 9 consultant so in those certain instances that we should to have that option when the Community Development Director 11 determines that that's necessary. 12 COMIMISSIONER TALESFORE: Also the vantage points. 13 JOEL PAULSON: That's already in the document, so 14 we don't need to add anything there. 15 COMMISSIONER TALESFORE: That's right, I'm sorry. 16 JOEL PAULSON: I don't know if you had a couple 17 of additional ones, Chair Burch. 1s CHAIR BURCH: The only other one I had, which 19 maybe is just a note to Staff, was on the question number 20 two, which was a discussion point about the 18' tall home, 21 that you're going to go back and review the existing 22 guidelines and ensure that there is some kind of wording 23 24 that reflects that the goal of the Commission and the zs Council is not to have a 100% visible home. JOEL PAULSON: Thank you. � 572 LOS GATOS PLANNING COMMISSION 12/2/2015 Item #3, Hillside Development Standards and Guidelines 113 1 CHAIR BURCH: Aside from that, I think, because 2 the sparse canopies we actually already do include in our 3 analysis, right? And we don't at this point require a 4 visible analysis be done at a specific time of the year, so s we agreed with the guidelines. 6 JOEL PAULSON: Correct. COMMISSIONER O'DONNELL: The records will simply a reflect that on Item 4, the lower four numbers, we decided 9 that it didn't have to be done at a specific time of the 10 11 year. JOEL PAULSON: We wouldn't carry that forward. 12 13 That's why I didn't include that. 14 COMMISSIONER O'DONNELL: Okay, I just wanted to is be sure that was clear. Okay. 16 CHAIR BURCH: I will second the motion. Is there 17 any other discussion or questions before we vote? 18 Commissioner Hanssen. 19 COMMISSIONER HANSSEN: I just wanted to ask a 20 question, just to make sure I understand what we're voting 21 for. We had this draft language from the October 218 22 meeting and I was looking at that, and that's to be added 23 to the existing Hillside Design Guidelines. And then on top za of that the comments that we made on the questions, if it 25 required being carried forward, are also going to go along LOS GATOS PLANNING COMMISSION 12/2/2015 .3 Item #3, Hillside Development Standards and Guidelines 114 1 with it, but there isn't necessarily any change to the 2 written language that �you have proposed at this point in 3 time? 4 JOEL PAULSON: Correct, other than the things 5 that will be added for the direction, so we will include 6 those in Staff's originally proposed methodology. 7 e CHAIR BURCH: All right, all in favor then? 9 Passes unanimously. 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 � LOS GATOS PLANNING COMMISSION 12/2/2015 574 Item #3, Hillside Development Standards and Guidelines 115 This Page Intentionally Left Blank 15