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Attachment 05SAFETY ENGINEERING LLC BUILDING AND FIRE SAFETY ENGINEERING AND CODE CONSULT ANT 6010 BREIT DRIVE, SACRAMENTO, CA (916) 214-1179 Cell Email: bfoster-fireexpert@hotmail.com March 15, 2017 Los Gatos City Council 110 E. Main Street Los Gatos, CA 95030 Attn: Mayor Sayoc Re: Letter in Support of the Proposed Sahadi Subdivision 15215 Shannon Road, Los Gatos, CA Dear Mayor Sayoc and Councilmembers, Safety Engineering LLC has been retained to examine and opine on the fire safety merits of the proposed Sahadi subdivision. I have examined the plans and diagrams, and visited the site on March 11, 2017. I would like to offer the following fire and life safety observations and opinions, as a Safety Professional and as a former CA Deputy State Fire Marshal Supervisor for almost 15 years with over 7 years in the Los Angeles area and 7 years in Sacramento. I have been on numerous major fires in California and Nevada and have been an expert witness on numerous fires, describing how fires start, spread and grow until they engulf everything in their path. We in the fire service have learned valuable lessons over the years, at the cost of human life, homes, businesses and valuable wild land resources and water shed. One of the lessons we have learned is that not every fire can be prevented and, with that, it is critically important to promote fire safety and fire prevention and provide options for reducing a community's ri sk , not only to fire , but the unintended consequences of fire. Community Risk Reduction (CRR) programs are becoming more and more prevalent in communities that are pro-active in identifying and reducing hazards within their community. Such programs reduce the severity of incidents to prevent them from becoming major disasters. The proposed project includes measures that are akin to a CRR program. The property is located in a high fire risk area. First, the ongoing effort on this property to keep it clear of weeds and other undergrowth is an excellent fire avoidance strategy. There is currently one access drive onto this 13 acre site, providing a meaningful firebreak but it is not ideal for firefighting access. There are short sections that are too narrow and too steep, which can cause difficulties for larger fire-fighting vehicles. Second, we in the fire service have learned that having only one way into a fire area is inappropriate and should never be done. Our tragedies have turned into code changes and firefighting tactics and strategies that have been taught at the state and federal levels for years . The project includes two additional entry and egress paths that are both thoughtful and unique. I believe that having these access roads into and out of this area could possibly be the difference between a resident and/or a firefighter surviving a wildland fire in this area or becoming a victim and another statistic. ATTACHMENT IS March 15,2017 Page2 of2 Sahadi Project Third, the project proposes to provide a fire service main on this new main access road that will bring water with firefighting capacity to the site. Currently, the closest water main is over 3000 feet away and would have to be pumped up hill if the firefighters could even get to them, considering the fences, gates, narrow walking paths that would have to used and traversed. As proposed, this main will have a valve for each of the five homes that ties into a water storage tank at each home. Fourth, in addition to each house being fire sprinklered, the project proposes that each lot be provided with a minimum of a I 0 ,000 galJon tank for domestic and firefighter use. Fifth is the fact that in developing the site as proposed, the roads, fire resistive houses and fire safe landscaping and brush maintenance will provide significant fire breaks . This fact should in no way be under estimated or glossed over. I have personally seen hand cut fire breaks that were no more than 6 feet wide, stop a fire. The fire break created with the proposed development will provide a significant benefit to the existing surrounding homes and hillside areas consistent with CRR principles, further emphasized by the strategically advantageous location of the fire break created at this intennediate ridgeline crossing. Last but not least, the added access routes the project provides serve as significantly valuable firefighting and emergency egress routes in the event of a fire . Multiple access points are critical in effective firefighting strategies. In particular, the added connectivity for the adjacent development to the northwest to another point on Shannon Road could save lives . It not only provides for another way out for that local community, but also provides another route for those in the immediate area around Shannon Road to get out. In conclusion, I would like to say that it is my sincere belief and conviction that allowing this development to occur will improve safety for residents and firefighters, provide much needed access and water and will ultimately reduce the risk of a fire from spreading throughout the immediate vicinity. I strongly support this project both as a safety professional and fonner fire chief and hope the Town Council of Los Gatos will agree with me . Sincerely, -f J~ "BJ" Foster, ASP puty State Fire Marshal (Ret.) Fonner Fire Chief, Walker Lake Fire Department Certified Safety Professional/Safety Engineer Attachment: Resume March 15, 2017 To the Town Council of Los Gatos, My husband Dirk and I have been residents at 15280 Shannon Road in Los Gatos since 1986. We have experienced at first hand the problems created by storm-water run-off due to new development and paving in our watershed. We have brought the issues of creek bed erosion and flooding to the attention of the Town Council every few years since 1996. (Jamshidi, Top of the Hill Road). We have three main concerns regarding Mr. Sahadi's planned development application for 15215 Shannon Road: run-off, views and traffic. In this letter ! will focus mainly on run-off, since it has the greatest impact on the community at large : storm water run-off from this new hillside development will affect us, our downstream neighbors along Shannon Road and Short Road (see pictures below), residents along Ross Creek, those who live in the flood prone areas of the Guadalupe River, as well as the taxpayers in general. Please see the attached map of the Guadalupe watershed. The negative effects of dense hillside development, such as that proposed by Mr.Sahadi, are due to the increase in impervious surfaces, to the loss of tree cover, and to the cutting of roads in steep slopes . 1. Run-off: The increase in impervious surfaces (roofs, pavement, and driveways) leads to an immediate increase in surface runoff (since the rain can no longer be absorbed into the soil). The increase In surface run-off from the roofs and pavement causes an increase in water velocity because there are no plants or absorptive soil to slow it down. The increased water velocity leads to increased stream power (i.e. ability of flowing water to move material such as sediment and rocks), and the increased power leads to the increased erosion capability of the stream. The muddy water running down our creek and along Shannon Road Is just one indication of how much soil and sediment is lost from the hills above our house during rainstorms. The sediment scours our creek, and is finally deposited in the flood plain and the Bay. When the reservoirs and the river bed of the Guadalupe are silted in, the low lying areas are in danger of flooding more frequently. The increased run-off from the currently proposed high-density hill-side development will not be insignificant: It will increase the impervious surface by more than 66,000 square feet (more than 11/2 acres). The drive-ways of lots 1 and 5 are sloping toward the existing cul-de-sac, and even though on the plans It looks like the drive.;way is saddled across the ridgeline, in reality the entire pavement is sloping toward the steep existing drive-way, channeling the run-off toward Shannon Road . The proposed cut and fill of the cul-de-sac may change this profile and channel the run-off from lot 5 toward Santella Drive (from where it will still end up in Ross Creek and the Guadalupe River), but the hard surface of the driveway and parking area of lot 1 is located in our watershed. Since the house location of lot 1 is on a narrow ridge, at least halfthe run-off from the roof will also flow our way (to redirect run-off toward an adjacent watershed is illegal, 1 and therefore not a solution). This additional run-off will come down along the existing driveway and swale at a steep slope (29% at places), with greatly increased velocity and greatly increased stream power. Mr.Sahadl's high density hillside development will increase the storm water run-off in spite of design measures that are supposed to mitigate the effect. Infiltration trenches will fail for two reasons. In the first place they will fail during the more intense rain storms because they lack the capacity of a natural ridge with a canopy of coast live oak trees, and In the second place they will fail over time for lack of maintenance. To prevent infiltration trenches from silting up the sediment needs to be trapped in a pre-treatment area (such as a pond or swale) which is not included in the Sahadi plans. The sediment and debris need to be removed from the traps, and if the system is not inspected twice a year by the Town at the taxpayer's expense it Is unlikely the homeowner will keep it functioning properly. Maintenance is the weak spot for drainage systems on private land, especia!!y along the ridges where the owners do not feel the effect of neglect. The proposed Sahadi development will aggravate an already existing problem. Since the 1980's we have struggled with increasing run-off and erosion problems on our property due to new development on the hilltops above Shannon Road. Any increase in impervious surfaces In the watershed above us will inevitably lead to erosion and flooding of our property and specifically of our 100 year old redwood barn, adjacent shed, and historic garden. The increased run-off will also add to an already dangerous situation all along Shannon Road, where drainage systems fail even during minor precipitation events, causing sheet flooding across the pavement at several locations toward Short Road . During the latest winter storms, the run-off exceeded the capacity of at least three of the culverts between Short Road and our house, jumping the creek bed and flooding the road with over half a foot of fast-flowing water. It made driving conditions exceedingly hazardous (see pictures below}. Who will be financially responsible for upgrading the lnfrastructure?The 1 X foot concrete culvert under our barn, which Is at capacity, is 26 feet in length, and that is just the beginning of a long watercourse. (This pipeline was not under dimensioned when the barn was built, that is when the watershed was still largely natural, decades before Mr. Sahadi built his current house and paved the long driveway leading up to It). 2. Loss of tree and plant cover: The proposed removal of 16 protected oak trees will aggravate the increase in run-off from the Sahadi property. This is for several reasons. First, due to a reduction in plant transpiration (trees take up water to perform photosynthesis). Tree and plant cover is a very significant term In the 'water budget' for a lot of watersheds. For example, in the Hubbard Brook experimental forest (New Hampshire, very famous set of whole-watershed experiments), runoff increased by 30% following clearcutting. The Impact is likely to be greater in California, where the soil is composed of sandstone and clay rather than bedrock granite. In addition to increasing the surface run-off, cutting down the oaks will also lead to soil loss, due to the removal of root structures that hold topsoil together. The result is more erosion (for examples of this, see entire Mediterranean region or the Hawaiian Islands, and various hillsides along Shannon Road that have been grazed or plowed, or which continue to be raked downhill 2 • rather than along the contour lines). Furthermore, replacing the tree canopy with impervious surfaces (roofs and pavements) will increase temperatures and dryness (trees maintain cool, moist microcllmates), making it even more difficult for the remaining old-growth native oaks to survive. Then there is the loss of animal habitat. As noted earlier, we have seen a nesting pair of kites in the trees along the ridge on the Sahadi property almost every spring season since we have lived here. There are also owls and several species of hawks. Moreover, the dense development, with inevitable fencing, will block the existing wildlife migration corridor between Sierra Azul and the hills toward Heintz Open Space . (Why doesn 't Los Gatos have an ordinance against perimeter fencing, unlike communities such as Los Altos Hills?). In 2003 my husband Dirk and I donated an Open Space and Conservation Easement over 11 acres on our property with the intent to preserve the land in a natural state and to maintain the existing wildlife habitat. This open space dedication was not tied to a development proposal. It was something we wanted to do for the Town of Los Gatos, in support of the Hillside Development Standards and Guidelines put in place to preserve the natural open space character of hillside lands, natural vegetation, wildlife habitats and migration corridors, and view sheds. The Town Council of Los Gatos accepted the grant jointly with the Mid-Peninsula Regional Open Space District on December 1st, 2003 (Resolution 2003-138}. The Sahadi subdivision would undermine the intent of our easement donation as well as the longstanding Open Space policy of the Town . 3. Roads: Cutting roads into steep slopes, as Mr.Sahadi proposes to do with the new driveway, creates inherently unstable hill slope angles. Disturbing the angle of repose, which is simply a function of gravity, causes massive i ncreases in sediment and soil loss and can lead to slope failure. This has been well established. For examples of what happens when rainstorms meet steep mountain roads in a wet year, remember recent events in the Santa Cruz Mountains this winter {Highways 17 closed, Skyline Road closed, Highway 9 closed, Bear Creek Road closed etc.). As soon as you cut a road into a hill, you are guaranteeing an increase in erosion and mudslide potential. 4. Climate Change: predictions for California include both an increase in drought severity and frequency, and an increase in the frequency of extreme rainfall events (since the warmer atmosphere can hold more moisture). This means that even if developments meet engineering standards developed within the last several decades, they will not necessarily perform well under a rapidly changing climate. Engineering standards are developed based on our knowledge of regional climate and geology, but the length of data records are extremely short relative to many climactic processes (for example, the Pacific Decadal Osclllation, which occurs on a 30-50 year frequency), and our 'baseline' understanding of climate is likely inadequate given the rapid pace of change we are seeing, both regionally and globally. Recent events such as the damage to the Oroville spillway during this winter's storms highlight that our current 3 infrastructure and approach to water management l_s poorly suited to deal with current and future climate conditions in California. Practices that 'worked' in the past are unlikely to be best adapted to future conditions. Climate change will most certainly mean an increase in flash flooding in our area as intense rainfall events become more frequent (see Dettinger 2011. I have copied the abstract and included the citation below). Also, California has always had extreme rain events in the past, but now that we have urbanized the environment, water has even fewer places to go. Even disregarding the effects of climate change, flooding problems will Increase in magnitude as we increase the area of impervious surfaces. We are creating our own future problems here. There are examples all over the world of the negative effects of hillside development and hillslope deforestation on downstream human safety and water quality. This is not a new concept. We can only try to be more cautious going forward and adapt to the climate and habitat we have, not the one we wish we had. We need to be extra vigilant to not exacerbate t .he hillside problems we have created already. Not to be forgotten are other adverse effects of this dense hillside development. As I noted in my previous letter, there is nothing in the Sahadl plan that will prevent Increased traffic on Shannon Road. If there were a gate-only to be used for emergency access--it might redirect traffic to the new access toward Santella Drive and Shady Lane. But since this route is long and windy, how will the new driveway become the "primary" access if there are no traffic restrictions on the old one? The future owners of the additional lots will prefer to come down the existing driveway and race down Shannon Road, adding to the endless stream of cars that have made this a dangerous street for residents, pedestrians and bicyclists alike. Even picking up my mail across the street has become a challenge . Last but not least, building three houses on the main ridge has a detrimental impact on the view shed from our property and from other places within the foothills and from Sierra Azul. The Sahadi ridge can be seen from many places on our hillside property, which includes part of the ridge above Kennedy Road. The attached picture shows the view from the lowest point, at our house. Even if more trees are planted to shield the view of the proposed development as seen from our perspective, light pollution will be Inevitable. Since we have chosen not to develop our 21 acre property of oak woodlands since we acquired it 30 years ago, we provide a spectacular unspoiled view to all our surrounding neighbors. We ask in return that a high- density hilltop development designed to maximize view lots is not approved by the town at our expense. For all these reasons, please do not allow any exceptions to the Hillside Development Standards and Guidelines .. In conclusion I would like to submit the following quotation from Scott Herhold's column entitled S.J.Coyote Creek flood echoes past about the governments' growing liabilities: The Mercury News Ill Sunday, February 26, 2017 "The takeaway? Pay attention to the immediate needs, yes. Help those in distress. But ask the longer questions too. If not, we're condemned to see the same thing in another 20 years.' 4 Based on the best available scientific evidence, it is likely that we will face these problems sooner. We appeal to you not to approve the rezoning. Dirk and Joslne Smits 15280 Shannon Road Los Gatos, CA 95032 Flooding of culverts under two driveways at 15285 Shannon Road. 5 The worst flooding was downstream at 15871 Shannon Road where the run-off jumped the culvert and crossed the road toward 18890. While driving through It I felt my car being pushed to the side. Flooding at 16331 Short Road, February 2017: I will forward the videos by Ms.Tami Senner at 16331 Short Road, where run-off came close to the foundation of the house. Paper on flood frequency in CA: ABSTRACT: Recent studies have documented the important role that "atmospheric rivers" (ARs) of concentrated near-surface water vapor above the Pacific Ocean play in the storms and floods In California, Oregon, and Washington. By delivering large masses of warm, moist air (sometimes directly from the Tropics), ARs establish conditions for the kinds of high snowlines and copious orographic rainfall that have caused the largest historical storms. In many California rivers, essentially all major historical floods have been associated with AR storms. As an example of the kinds of storm changes that may influence future flood frequencies, the occurrence of such storms in historical observations and in a 7-model ensemble of historical-climate and projected future climate simulations is evaluated. Under an A2 greenhouse-gas emissions scenario (with emissions accelerating throughout the 21st Century), average AR statistics do not change much in most climate models; however, extremes change notably. Years with many AR episodes increase, ARs with higher-than-historical water-vapor transport rates increase, and AR storm-temperatures increase. Furthermore, the peak season within which most ARs 6 occur is commonly projected to lengthen, extending the flood-hazard season . All of these tendencies could increase opportunities for both more frequent and more severe floods in California under projected climate changes. (KEY TERMS: climate variability I change; meteorology; atmospheric rivers; flooding.) Dettinger, M . (2011 ), Climate Change, Atmospheric Rivers, and Floods in California - A Multimodel Analysis of Stonn Frequency and Magnitude Changes ·~. JAWRA Journal of the American Water Resources Association, 47: 514-523. doi:10.1111/j.1752- 1688.2011.00546.x 7 LEGEND -s.._. ...-...-and..,...on ri;ht*-r~ ... -...... ·-Flood praMlion pniject ....... .W,, .... or CllllllrUdion ...,,.. lllsen<Gln 0 N http:Uwww.vaIleywater.org/uploadedlmages/Services/HealthyCreeksEcoSystems/Watershed lnformatio n/Guadal upe/Guada lu pe2005Ma pXL. jpg?n=3906 8 9 To: Town Council, meeting of 3/21 /17 Re: 15215 Shannon Road, PD15-001 From: Dave Weissman, 3/16/17 I have comments on several areas of this application. A. This 13-acre property, now located in the unincorporated area of Santa Clara County, is presently zoned A-20s-dl. As such, the minimum lot size is 20 acres , and the present lot is classified as a "substandard" County lot that cannot be subdivided. The Town pre-zoned this property as HR-5 , in 1980, which would permit a 2-lot subdivision, upon annexation, or double what the applicant was capable of if the property were to remain in the County. Now the applicant wants to rezone the property to HR-2.5, yielding a possible 5 lots or five times what he was able to do in the County. This is a major step backward in our hillside protection at a time when most citizens want increased protection, and less development, in the hill sides . Additionally, this 13-acre property is surrounded to the NE, E, and S by other properties zoned HR-5 and RC and some properties to the near south are zoned HR-20. The initial 20-acre minimum zoning reflected the County's desire to protect its open spaces -in fact, the "A" in the current County zoning classification designates this as "Exclu s ive Agriculture" (Santa Clara County Zoning Ordinance, Chapter 2.20.010. A). The applicant's proposed rezoning is an abuse of the annexation process and should be denied. Keeping the zoning HR-5 , given that only two logical and obvious building sites (Lots 2 and 5) occur on the property, is appropriate for the rural character of this hillside area. And given this property's location on a significant ridgeline, now finally acknowledged in the applicant's latest letter, may have been another reason that this property was originally pre-zoned HR-5. Why would the Council want to approve a subdivision that creates four additional lots on a ridgeline when the HDS&G want to preserve critical ridgelines? The Blossom Hill Open Space Study "High Visibility Slopes and Ridges" foldout (between pages 11 and 12), shows the Sahadi property to be a "High Visibility Ridge." Additionally, the HDS&G are very clear as to the purpose and intent of the PD designation (page 56): l "The intent is to s ignificantl y reduce the amount of grading, roads , and other alterations to the existing environment, to minimize the visual impact of the development, and to reta in the maximum amount of continuous open space in its natural state." In 3 separate places (pages 5, 10 , and 56), the HDS&G also caution that: ··s ite characteri stic s and constraints a long with the implementation of the HDS&G may not a ll ow a s pecific s ite to achieve the m ax imum dens ity or intens ity otherwise permitted by the Zoning Ordinance." As Council members have noted in the past, landowners are not always ab le to make the mo st profitable use of their land. As the deciding body, you have the prerogative and discretion to modify this application to limit the number of lots in the subdivision to more closely met the intents and objectives of the HDS&G. B. At the PC meeting of 12/14/2016, Mr. Paulson told the Commissioners (at 2:30:40 on the Town video) that the applicant may be able to go to 2 houses and exclusively utilize the existing driveway off Shannon. T he Town Attorney also noted that an emergency easement is not required for a subdivision. I acknowledge that both road alternatives present problems but u s ing the present road has fewer, and might also save over a dozen trees, according to the Consulting Arbori st 's report. Additionally, the 1989 Blossom Hill Open Space Study (BHOSS) "Vehicle Circulation" foldout (between pages 27 and 28); and the Hill side Specific Plan, fold-out Fig. 2, show no proposed road where the applicant wants to construct one. C. Mr. Paulson also told the PC that the Negative Declaration didn't look at Shannon Road as the primary access. The environmental costs of constructing a new, private road were not evaluated and compared, in the Initial Study (IS), versus simply utili z ing the existing driveway. This is a viable alternative and should have been considered. While the applicant says that "The proposed access road from Santell a Drive has far fewer impacts (than using the current access driveway)," they provide no evidence to back up thi s claim. D. It appears that using the Shannon Road access , as the main access , was always the plan, since the road was significantly upgraded and improved, in 2014, according to the applicant 's 2 CDAC 2014 comments. The applicant shows, on page 9 of his 317/2017 letter, that ingress and egress distances are equal using Shannon Road vs. the new proposed road. But given the faster and straighter nature of the Shannon Road connection, residents will preferentially use that direction. Plus, the applicant says that all construction will enter the site via Shannon Road. The applicant says in his 317/2017 letter that the Shannon Road driveway is "too steep (2 9% at places) and too narrow (typically 12 ') to comply with Town and County Fire requirements.for suitable access (C ounty Fire requires access no steeper than 20% and 24 'total width.)" Yet, Fi g . 3 Site Plan shows the Shannon Road access as being from 14-17' in width , not "typically 12 feet." as the applicant states. And the existing 20 ' wide easement results in the potential to widen. There may be a 29% steep section but it is not indicated where on the Site Plan nor is its length. And, significantly , the applicant 's proposed road also doesn 't meet either Town and County Fire requirements as there are two sections greater than 20% grade. It is (purposely?) unclear from the applicant's narrative if these two sections greater than 20% slope total 250 ' or 500' in length. Plus the proposed road is only 20' wide, not the County Fire required 24 '. The applicant can't have it both way s depending on what is most convenient for their argument. And, as noted above, Mr. Paulson told the PC that the applicant may be able to go to 2 houses and exclusively utili z e the existing driveway off Shannon, while still satisfying the Fire Department. E . The applicant's visibility analys is methodology is inadequate and incomplete because it does not even meet the current, required criteria in the HDS&G (page 13) whereby " ... trees or large shrubs [to be] removed, significantly pruned , or impacted by construction" are to be considered. I appreciate that this hearing is not to consider any A&S applications, but should you approve this requested rez oning, then there will eventually be 4 new houses on this lot and their locations will be fairly set given the topography and the location of the LRDA. Thus, these d ecisions should be linked now and not separated. F. The Town 's Consulting Arborist ha s said that she is not able to accurately evaluate many tree impacts because the Grading Plan s cale is 1 :50, many trees are missing on the plans, and the plans are confusing in many places. Ms. Ellis says that she " ... requires more detailed plans at a larger scale (e.g. 1: 10 or 1 :20) in order to more accurately estimate construction impacts to the trees." This information should be required before you make your decision. 3 G . In the applicant's letter of 317/2017, page 12 , he employs semantic obfuscation when discus si ng how their "access road " to the project, from Santella Drive , is not regulated in any Town document with reference to slope and cut and fill standards. Thus, the applicant doesn 't have to ask for any exceptions because there are no Town requirements being violated. The term "access road " is defined on page 68 of the HDS&G as a roadway greater than or equal to 20 ' in width and serving more than two single family dwellings. On the other hand , "access roads " are assigned development standards on page 9 of the Hillside Specific Plan and defined as " ... roads connecting a parcel of land being con si dered for development to the nearest improved public road ." The applicant acknowledges that Town staff have informally treated such private "access roads " as staff has treated driveways , but they maintain that such a policy doesn 't necessarily apply to them. Nothing like telling the Town to go fly a kite. I suggest that this TC firmly state that they stand behind staff and that past precedence regarding access road requirements will be enforced in this application. You have the discretion to modify the PD to limit the number of lots in the subdivision. You also have discretion not only to allow exceptions but also to add restrictions if it results in a project more consistent with the hillside objectives. So , the proposed access road , or private street, or private road, or driveway (if going to two lots or less), or whatever the applicant wants to call it , is regulated by Town codes, as discussed above, and staff history. I thu s request that you uphold the unanimous Planning Commission decision and reject the proposed HR-2.5 rezoning and PD subdivision, and leave the property as HR-5 as the Town pre-zoned this parcel 37 years ago. To permit a change to HR-2.5 sets a bad precedent for future development in this area. And as development marches farther west into the Santa Cruz Mountains, minimum parcel sizes should increase, not decrease, as the County and Town planned many years ago. 4 Jennifer Armer From: lazykrancho@aol .com [mail to: laz yk rancho@aol .com] Sent: Thursday, March 16, 2017 10:51 AM To: Jennifer Armer Subject: Re: 15215 Shannon Road Hi Jennifer I hope all is well! After going over the letter from HMH reg arding PD-15-001 , the following issues have come to mind : -The Town of Los Gatos is under no obligation to change the Pre-zone 5 designation to 2.5 , thu s allowing more than one home to be built on the subject site. -The number of lots allowed under the HR 2.5 zoning would allow 5 lots per HM H's slope density calculations (the number was 5.02, if I remember correctly). The contour lines are variables that can make thi s number go up or down, therefore this "fact" should be scrutinized, thoroughly, to make sure the 5.02 is correct. -My view is that the Planning Commission was asking for a reduced number of lots and more continuous Open Space IN EXCHANGE for granting a new zoning for the parcel. -My recommendation to the Town of Los Gatos Town Council is as follows : Approve the app lication with the following conditions: -Allow UP TO four (4) buildable lots for a SFR for each lot (includes existi ng home) -Dedicate 5 or more continuous acres of Open Space (not located on individ ual building sites) -Cluster homes toward the West -Abandon any and all easement right over Tzanavaras parcel Notes : I have professional experience in site acquisition and development. My three attempts to contact HMH via email went unanswered. A plan to have 4 lots and over six acres of relevant open space for the 13 acre parcel , as well as cutting back the necessary road needed by 50% is possible, as I have done it in my spare time . The Planning Commission recommended denial for a few clea r re asons, none of which r esu lted in a plan change from HMH. Again, I would like to stress that the Town Council has no obligatio n to change the zoning, although I do agree with the re asoning that HMH provides for the zoning change . With no change, they are stuck with one lot. With a change , they can have up to four lots (my opin ion after doing my own slope density ca lcul ation). So , the Council has the ability to negotiate, at this time, how many lots will be allowed and how much open space is permanently granted. I am out of time to send this . Sincerely, Ken Anderson 408-571-9860 lazykra nch o@a ol .com Please send a confirmation that this letter made it in time to be entered into the documents for the Town Council meeting on March 21, 2017 -Thank You!