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Attachment 10 LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Matthew Hudes, Chair Melanie Hanssen, Vice Chair Mary Badame Kendra Burch Kathryn Janoff Tom O'Donnell Reza Tavana Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR HUDES: We will now move onto Item 5, which is 16100 Greenridge Terrace. Planned Development Application PD-16-002. Environmental Impact Report EIR-17- 001. Requesting approval to rezone a property zoned HR-2½ to HR-2½:PD, to subdivide one lot into eight lots, and removal of large protected trees on property zoned HR-2½. APN 527-12-002. Property owner: Emerald Lake Investments LLC. Applicant: Gary Kohlsaat. Project planner: Sean Mullin. May I have a show of hands from commissioners who have visited the property under consideration? Okay. Any disclosures? Yes, Commissioner Janoff. COMMISSIONER JANOFF: I'd like to disclose that I live on Greenridge Terrace but I'm outside of the 500' radius that would prohibit me from hearing these matters. In addition, Greenridge Terrace has an active neighborhood association and I've been on email distribution, but when the subject matter is regarding this topic, I have not read the emails or the attachments. CHAIR HUDES: Okay, thank you for that. So, Mr. Mullin, I understand you'll be giving the Staff Report. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEAN MULLIN: Thank you. Before you tonight is a request for a recommendation to the Town Council for a proposed Planned Development rezoning and associated Environmental Impact Report. The EIR was prepared to address potential significant impacts and its analysis concluded that all impacts could be mitigated to a less than significant level. The PD would allow for the subdivision of eight lots ranging in size from 3.36 acres to 7.7 acres, and additionally 4.5 acres would be preserved through an open space easement. Access to the future residential lots would be provided from Santella Drive for Lots 2-6, a shared driveway for Lots 7 and 8, and from Greenridge Terrace for Lot 1. To minimize new disturbances to the site the existing graded road is proposed to be used to provide circulation. The Town's Consulting Arborist surveyed the property, which includes thousands of trees, and focused their review on the impacts to trees resulting from the site improvements and conceptual home and driveway locations. The arborist recommends removal of ten trees for the proposed site improvements. Each future Architecture LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and Site Application will evaluate impacts to protected trees. The PD application complies with the HR-2½ zoning in the Hillside Guidelines except for requested exceptions for a shared driveway length of 720' for Lots 7 and 8 where 300' is allowed by the Hillside Guidelines, and for an approximately 1,100' cul de sac road where 800' is allowed by the Hillside Specific Plan. Additionally, several exceptions to cut and fill depths and driveway length that are based on conceptual single-family home and driveway locations are identified and discussed in the Staff Report. Based on the summary provided in the Staff Report, Staff recommends the Commission forward the Final EIR and the PD applications to the Town Council with a recommendation for approval of the proposed project. That concludes Staff's presentation, and with that we're happy to answer any questions. CHAIR HUDES: Any questions of Staff? Yes, Commissioner Badame. COMMISSIONER BADAME: In our packet, and that would be Exhibit 18, we have a letter from Dr. Weissman that provides information that counters Staff's LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 measurements and interpretation of the driveway lengths. So, can you comment on his position? SEAN MULLIN: Yes, thank you. We looked carefully at the driveway lengths and how they are measured in the context of Dr. Weissman's letter, and I'll let him tell us exactly how he measured the driveways. My interpretation is that we measure the driveways typically from a property line along the driveway length to where the driveway starts to flair out to form the firetruck turnaround, or the parking area, right adjacent to the residence. In the case of Lot 1, we identified an approximately 600' driveway and an additional 35' could be shown from where that flair occurs—I'll call it a firetruck turnaround, since it's easier—to basically the conceptual structure location. Similarly, with Lot 2 we show the driveway length at 340' starting from the bottom of the Lot 2 property line up to that flair at the firetruck turnaround, and his measurements use an additional piece going to the structure and the additional piece from the top of the cul de sac bulb across Lot 3 to the property line between Lot 3 and Lot 6. I can go through each one of them, if you'd like. COMMISSIONER BADAME: Okay, but I still have a question, and that is how do we apply the numbers with the LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hillside Design Standards and Guidelines when they don't make a distinction in that document between a shared driveway and a non-shared driveway? SEAN MULLIN: They don't make a distinction. The shared driveway piece down… Let's take Lot 7 and Lot 8, for instance. The road leading from Santella Drive out across Lots 6 and 4 to Lots 7 8, there's a distinction between the size of the road and the driveways at the end. So, you have a 20' wide road there that comes up to the boundary between Lot 6 and Lot 7 where it starts to taper down to a 12' wide driveway. There it's easy to make the distinction. It's a little bit less different without a definition of the shared driveway piece, but we tried to measure these consistently. CHAIR HUDES: Commissioner Badame. COMMISSIONER BADAME: If I could ask one more question, Chair? Thank you, and it's unrelated to the driveways. The lack of a four-lot alternative in the EIR is a bone of contention, so my question to you is who determines the range of alternatives in an EIR? SALLY ZARNOWITZ: Thank you, Sally Zarnowitz, Planning Manager. The alternatives in the EIR at the beginning, I think, addressed the fact that there are no LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 significant impacts in this project, and so the EIR analyzes potentially significant impacts. But in this case, there are no significant impacts. Alternatives typically look at what could be a significant impact and how those would be avoided in an alternative. In the case when there are no significant impacts, they look to reduce whatever potential impact could be there. COMMISSIONER BADAME: Thank you. CHAIR HUDES: Commissioner Hanssen. VICE CHAIR HANSSEN: Because we don't always do EIRs I wanted to just ask the question, even though I know the answer, a little bit about the EIR process. If I'm correct, and please correct me if I'm wrong, the EIR process, it's basically something that the applicant volunteered to do. It wasn't required by the terms of their application or the PD, right? JOEL PAULSON: That's correct. This could have been done under a Mitigated Negative Declaration, because there were no significant impacts. VICE CHAIR HANSSEN: And then I appreciated Ms. Zarnowitz's comments about the significant impact, because it was determined that with mitigation all the significant impacts can be addressed. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: And I would just offer through the Chair that this is one of the challenges what we run into with all projects that decide to do an EIR when they don't need to. Now, depending on what side of the coin you're on it's a wise choice from the Applicant's standpoint, because a Mitigated Negative Declaration has a lower threshold for contention through the courts, and so folks are choosing to move to the EIR just to make sure they've covered all those bases. The challenge it creates is you're doing EIRs for projects that do not have significant impact, and so you end up with a different range of alternatives than you may otherwise see if there were impacts specifically based on the number of lots. In this case the density for the underlying General Plan designation and Zoning Code designation would allow actually up to nine units on this site. That's why four units was not studied, because it wasn't deemed necessary, given that there were no significant impacts. VICE CHAIR HANSSEN: Could I ask one follow up question? The decision that's on the table for this evening is to certify the EIR and then also to forward a recommendation for the approval of the Planned Development. There are a number of people that voiced concerns about the LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 potential size of the houses and all that stuff, so if I'm correct, and I think I am, the actual determination of the height of the houses and the size of the houses will come when they make an Architecture and Site application for those individual houses, so that there will be another chance to review the size of the houses and the lengths of their driveway, and at that point they apply to build those houses? SEAN MULLIN: Yes, the houses shown in the plans are conceptual to provide some context of building envelopes and driveway approaches, and to identify potential exception that will be required moving forward. But once the subdivision is processed, which is another future application, the development of each lot would require an Architecture and Site application which goes through another discretionary process. It would be decided upon by the DRC or the Planning Commission, depending on the project. VICE CHAIR HANSSEN: Okay, thank you. CHAIR HUDES: Commissioner Janoff. COMMISSIONER JANOFF: Just to clarify, then. In the proposed Planned Development Ordinance that we have before us to confirm, there is one clause that limits the height of four properties to 18'. That is not negotiable LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 when those properties come before us with a potential design, is that correct? SEAN MULLIN: That's correct. That's a performance standard that's included in the PD, as those sites have been identified as being visible from a viewing area. CHAIR HUDES: Commissioner Burch. COMMISSIONER BURCH: Could you clarify for me about the cut and fill, the grading? You made a comment that it was based on conceptual layouts of the homes, what's included in this application and what will be included in each Architecture and Site application? SEAN MULLIN: The specific exceptions that are identified in this application have to do with the site improvements, so the roadways, the conceptual driveways and conceptual building envelopes. The plans in the Staff Report identify and discuss likely exceptions, and a decision on this application on the PD would include those, and then under the Architecture and Site Applications the Town would look carefully that the proposal, because there is no requirement for them to use that conceptual building envelope, is in the spirit of those exceptions, and if there are significant deviations the exceptions would be looked at individually. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: All right, thank you. KEVIN BAGLEY: If I could add? Kevin Bagley, Engineering. The grading quantities that are listed on the site plans only include the roadway, the shared driveway, as well as the grading required for the trail and the bioretention ponds. They do not include the grading required for the conceptual houses or the conceptual driveways. CHAIR HUDES: Thank you. Quick question, Mr. Mullin. With regard to the driveway length, which I think is going to be an issue of discussion, when we get to Staff discussion later would you be able to markup maybe that drawing to show how you've measured it, and we can see how Dr. Weissman has measured it as well when we come back at the end of the public hearing? SEAN MULLIN: Yeah, I have a drawing prepared, but with a caveat that I'm assuming the measurement technique of Dr. Weissman. CHAIR HUDES: Okay. We'll look at that later after we take that testimony. Just another question on the PD process. Have there been changes to our PD process, and if so, does this fall under the current or the previous, and could they withdraw and resubmit under current? LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEAN MULLIN: This application was made in 2016 under the previous PD Ordinance, and it has been processed for some time under that ordinance, so it would fall under that ordinance. The Applicant in theory could withdraw or take a decision and reapply under the current ordinance. CHAIR HUDES: Okay, thank you. One other question for Mr. Schultz. I understand that there were previous applications and I understand there were also previous enforcement actions. If illegal actions were taken by previous owners and they didn't put it back to the original state, is it proper or legal for a subsequent owner to take advantage of illegal actions taken by predecessors? ROBERT SCHULTZ: You might want to reframe that a little bit, but what you're getting at is there have been allegations that there's been some illegal grading and illegal cutting of the trees down there on that property. We don't have any active code enforcement case that we have evidence of, and there's nothing within our office that we have against the property. If in fact we had gone through that process and liened the property, and I think I've mentioned a few times on here where we've done that, then of course its owner would have to take care of those issues prior to the Applicant being corrected, or it could be a condition of that. We have no evidence that there was any LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tree cutting or grading done from the owner that's in front of you, the applicant in front of you, so it's not relevant to your decision today. CHAIR HUDES: Okay, thank you. If there are no further questions of Staff, let's get to the Applicant. I believe Mr. Fox will be speaking for the entire ten minutes, so please go ahead. DAVID FOX: Good evening, my name is David Fox; I'm the project landscape architect, 50 University Avenue, Los Gatos. Tonight, on behalf of Jim and Nicole Stepanian, the owners, we're seeking a positive recommendation for the creation of eight lots on the 36.1-acre parcel. As it was mentioned, it's located next to the Highlands development and next to the recently approved Sahadi development and Greenridge Terrace. We're looking for the creation of the lots only, and I want to make that clear. All of the houses, any houses, that are eventually built on these lots would have to go through the entire Los Gatos approval process. They'd be subject to the standards at the time of submittal for visibility, tree cutting, grading, etc., and they would be open to public comment. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In designing this project, we consulted several documents: The Blossom Hill Open Space Study, the Hillside Specific Plan, the Town Housing Element, the General Plan, and of course the Hillside Design Standards and Guidelines. I'm glad to see that the Commission members were able to get out on the property, to get out on the land, and I hope you were able to see the staking of the conceptual homesites. It may have given you a good idea of what we're looking at in bringing those homes to the site. There are several characteristics of the land. It is 36.1 acres and it has an existing graded road system. There has been a lot of work done over the years on this property. It's been owned by many owners over the years and it's had multiple development proposals; some of them were just studies and some of them actually made it into the Town process. There's water and electricity on the land. There's a San Jose water tank that serves the Highlands development and several surrounding properties for fire hydrants. There's access from Santella Drive and from Greenridge Terrace, and there is substantial tree canopy that covers the entire lot. Mr. Mullen went over the zoning; it's HR-2½. Under the Land Use Element of the General Plan it calls for LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a density of 0-1 dwelling unit per acre; we have one dwelling unit per 4.5 acres. In doing the slope density calculations they did come up with nine lots, and we're proposing eight. When it came to analyzing the site the designs team decided that an eight-lot subdivision made a lot more sense than a nine-lot subdivision, and that's what we're proposing, and we used the following criteria: We use the existing roads for circulation. There's no development outside the LRDA except for the driveways that connect to the main road system. We tried to minimize the grading and the impact by using areas that had been previously graded or had previous construction on them, and we tried to minimize the visibility of the units by moving the building pads off the highest parts of the lots but still staying within the LRDA, and we're preserving the majority of the trees on the site. All of the proposed lots meet the 2.5-acre net requirement and seven of the eight lots are in excess of that requirement. Lots 3-8 have been clustered in a band that runs south to north along the property, and Lots 1, 2, and 8 have an LRDA area that was created by previous LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 grading or previous construction on the site, and that's why we used them. When the total road system, all of the driveways, and the conceptual house footprints are taken into account the lay out yielded a project coverage of 13-percent. If the conceptual back yards are added in it's 18-percent, so that means that 82-percent of the 36.1 acres, or 29.6 acres, are being left open with no development whatsoever. Once the lots were created, conceptual homes design was done by Gary Kohlsaat, Kohlsaat Architects, with these criteria: House is completely within the LRDA. Show that each lot will accommodate maximum size home allowed so that they could better evaluate the visibility from the Town viewing platforms. Balance visibility with tree removal and lower the overall grading by creating conceptual homes that didn't need any grading exceptions. If we look at some of the specific design issues, visibility is always a significant issue in hillside development and each conceptual home was analyzed for the visibility standards at the time of submittal. Mr. Paulson, the Community Development Director, also gave us a set of policies that were being considered by the Town Policy Committee, and we incorporated those as well in the visibility studies. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The result of those visibility studies shows that Lots 3, 4, 5, and 8 would have to be 18' in height. The rest of the lots met the maximum visibility of 25-percent or less. On the roads and the driveways, the total length of the cul de sac at the end of the main road and some of the driveways are in excess of what is allowed in the Hillside Standards and Guidelines, but all of the extended roads have turnouts or turnarounds that are required when a driveway or road is longer than that which is allowed. By using longer travels we were able to get to home sites that are less impactful and the least impactful on the lots, and overall that reduced the amount of impact on the property by utilizing those sites, and under the Hillside Standards and Guidelines the deciding body can approve an exception to road length with appropriate conditions. As noted by the arborist in the Staff Report, and I'm sure you saw if you walked the property, there are thousands of trees on the 36 acres, and to the greatest extent possible we propose to save as many trees as we can. The existing retaining walls are going to be either rebuilt in kind or repaired. In this application we're asking for a total of ten trees to be removed by the main road LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 construction. We are not asking for any trees to be removed on of the lots with this application. There's a trail system that's being extended from the Highlands subdivision and that will go through the Vistas property. We're including fire hydrants to increase fire suppression in the area; none exists there right now. And we've included 4.5 acres of open space. On the EIR, the agency, the Town, has a choice whether to require an EIR and Negative Declaration. An EIR is required when there is substantial evidence in the record that significant environmental effects may occur and cannot be mitigated to a less than significant effect, and while a Negative Declaration may have been sufficient here the owner chose to do an EIR for full transparency and full disclosure to the agencies and to the public. The EIR has a longer public comment period, and an EIR is required to respond to the comments. The owner didn't have to do this, but they chose to do this just to be as fully transparent, as fully informational, as possible. The Applicants are not asking for a change in zoning other than the proposed PD as required by the Town. To the greatest extent possible we've used the existing roads and areas where there was previous construction or LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 grading to place the homes to be as less impactful as possible. The Staff, and if deemed necessary the Planning Commission, will see each and every home that is proposed under an A&S application, and you'll have another bite at the apple to go to those homes and look at issues like visibility and trees and grading. We're putting an extension of the Town trail system in, and the vast, vast majority of the trees on the property are being saved. Lastly, at least 82-percent of the 36.1 acres are being preserved and they'll never be developed. With all of this in mind we ask the Commission to follow the recommendations of the Staff Report and forward a recommendation to the Town Council to certify the Final EIR for approval of the Planned Development Application. Thank you for your time, and if you have any questions at all the entire design team is here, and we'd be happy to answer them. Thank you. CHAIR HUDES: Okay, thank you. Questions? Yes, Commissioner Badame. COMMISSIONER BADAME: Mr. Fox, thank you for your presentation. You mentioned researching the Hillside Design Standards and Guidelines for the project, correct? LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DAVID FOX: Yes. COMMISSIONER BADAME: So, when I read those guidelines it states, "Development should not be located on or adjacent to slopes greater than 30-percent." The average slope for every single one of these eight lots exceeds 30- percent, so can you comment on that? DAVID FOX: I believe the average slope is 37.1 for the entire property. In the civil engineering plans, we have the LRDAs shown. We have the areas of those lots that have the areas on each and every lot that are less than 30- percent. So, there is an LRDA, there is an area, there's a Least Restrictive Development Area, on each and every lot where we were able to place the homes. No homes are placed on lots that are greater than 30-percent. COMMISSIONER BADAME: I understand that, but I'm not talking about the LRDA at this point. It's a matter of the terrain, steep slopes, and the fact that the steep slopes intensify the speed of a wildfire, so you've got fire safety dangers us there. DAVID FOX: In the Highland subdivision next door, for instance, the average slope was higher than the average slope is on this property, and yet all of those homes are built in areas that are less than 30-percent. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 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 That's what the Town requires. They require homes be built in those areas, and that's what we have done here. COMMISSIONER BADAME: Thank you. CHAIR HUDES: Other questions? Commissioner Janoff. COMMISSIONER JANOFF: I have a couple of questions. CHAIR HUDES: Sure. COMMISSIONER JANOFF: These might kind of wander a little bit. The visibility study for Lot 1 is included in the package and maybe it doesn't need to be, because it can't be seen, but I don't know that, so I would appreciate knowing what the impact of the visibility study for Lot 1 was. Then in addition, while you're looking at the visibility studies, on Sheet A-7.2 and A-8.2, both of the visibility studies and the middle photograph on those pages shows story poles off to the right of the designated lot, and I'd like to know whether those story poles are associated, because they're quite visible, it's an open area. Are those associated with this development, and if so, which lot? DAVID FOX: I'm going to let Mr. Kohlsaat answer those questions. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GARY KOHLSAAT: Commissioner Janoff, could you repeat your question for me? COMMISSIONER JANOFF: Yes, I'm referring to both Sheets A-7.2 and A-8.2, which are the visibility assessments for the Lot 7 and Lot 8. GARY KOHLSAAT: Yes? COMMISSIONER JANOFF: The middle photograph on each of those sheets shows the proposed story pole mockup, and then to the right and slightly above there's another set of story poles that I can see on my drawing, and I'd like to know whether that is associated with this development, because that is an extremely visible set of story poles. GARY KOHLSAAT: I think what you're seeing are chimneys from a Highlands house, and the picture on the left… COMMISSIONER JANOFF: I don't know of a Highlands house that's painted sky blue, but…I don't believe so. GARY KOHLSAAT: So, are you looking at the middle picture? COMMISSIONER JANOFF: Look at Sheet A-7.2… GARY KOHLSAAT: A-7.2. COMMISSIONER JANOFF: …and off to the right, midway, there's a flat meadow and I can see story poles, LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and my question is, is that set of story poles affiliated with your development? GARY KOHLSAAT: No, those were story poles that were put in place for Lot 10 of the Highlands. COMMISSIONER JANOFF: Okay, so that's not part of this development? GARY KOHLSAAT: That's right. COMMISSIONER JANOFF: Okay. My second question is Lots 1 and 2 that have the lengthy driveways, it appeared to me on Lot 1, for instance, that there's a significant amount of LRDA all the way along that 600' length of driveway. Did you give any consideration to sighting that lot with a less than 300' driveway? GARY KOHLSAAT: Yes, I'd love to answer that question. There are multiple locations on Lot 1 where someone could build a house, we feel, within the LRDA. There is an existing road that's there that takes you all the way up to the top and it connects you to the main graded road, the fire trail. We looked at both the lower area, which has a pretty heavy duty swale there, and at the advice of our civil engineer, she feel that it would be more difficult to provide drainage down there than it would be near the top. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 At the top portion of Lot 1 you actually get a little bit better view of the sky and the surroundings. To answer your previous question, it wasn't included in the visibility studies because it's completely not visible due to the terrain of the mountains on either side of that from any of the viewing platforms and pretty much from any location in the Town. We had talked to Staff about that and they agreed that it was not necessary to include that. So even at the higher elevation there are no visibility issues. Any potential developer, whether it's the Emerald Lake group or if they sell it to an individual buyer, would have the opportunity to locate the house where they chose, obviously with approvals from the Town, so yeah, there are possibilities there and that's really nice to have more possibilities, and it could be an economic decision that they don't want to put 600' of driveway, they want to do 300' of driveway. So, we're not saying that this is the ultimate thing, but we are saying this is the preferred property location to build and that they would need longer than 300' of driveway. COMMISSIONER JANOFF: But you are acknowledging that at least on Lot 1, and perhaps on Lot 2, there's only a 40' different between the 300' requirement and where the LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 length of the driveway is, and it appears that there's enough space in the LRDA that you might be able to shorten the driveway? I think you've answered my question, which was are there alternative sites within the LRDA that would result in a shorter driveway? GARY KOHLSAAT: Yeah, there are. COMMISSIONER JANOFF: Okay, thank you. CHAIR HUDES: Commissioner Hanssen. VICE CHAIR HANSSEN: Could you comment on access? Because you're depending on access through other roads and how that plays with neighborhood compatibility, because we've definitely seen some public comments about not on my street, not through my street, and we hear this all the time in hearings, especially within the hillsides, especially during the construction phase, so could you comment on what you've done with the neighbors to make them happy with your plan for access? I know you reduced the number of people going up Greenridge Terrace from an earlier version, so if you could just talk about that. GARY KOHLSAAT: I'll let David speak on that. DAVID FOX: Thank you. Yes, there is only one house that comes off of Greenridge Terrace and that house is not connected to any other part of the development, so there will only be one house off of Greenridge Terrace. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In the case of the other seven lots, those come off of Santella Drive, which is a public street, and the public street goes through the Highlands development. I was also the person who was involved with the development of Highlands subdivision and we tried to make that a private road and the Town decided that that wasn't the best use of that road and so it was proposed to be a public road, and it is, and dedicated as such. VICE CHAIR HANSSEN: I understand that, but if you could comment on to what extent you've talked to the residents on Santella about this and how it would impact them and how are they feeling about it? DAVID FOX: The owners have talked to some of the residents, I believe. Is Rob Abrams still here? I don't believe he is. The owners have talked to several of the residents in the Highland subdivision, and they most recently have been talking with the president of the HOA at the Highlands subdivision to see if it makes sense to perhaps combine the HOAs together so that they would have shared management of the entire property, and I believe they're making progress in that area and I wouldn't be surprised at all if in the future we see a merged HOA. There are several things that they need to work out, but LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they are in constant discussions with the people in the Highlands subdivision. VICE CHAIR HANSSEN: And do you think because if they were to combine their HOAs that they would be able to collaborate on flow in and out of the… Because it's going to go through their neighborhood even though it's a public street. DAVID FOX: Well, what it does, too, is a combined HOA would also have architectural review over the homes that were going to go in in the Vistas project, so they could also do things like request by it from the Town in a formal manner more street cleaning, for instance, or a change in construction hours, but the combined HOAs could have a powerful effect. There are 19 homes in the Highlands subdivision, there would be eight more here, so that would be 27 homes that could have an additional layer of review and also an additional layer of comment when it came time to build those individual houses. VICE CHAIR HANSSEN: Okay, thank you. DAVID FOX: You're welcome. CHAIR HUDES: I had one question. I do want to get to public testimony. I have many questions, actually, but I have one that I want to ask now and that has to do with the trees and the preparation of the site. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It appears, and I think in your application you've stated that very few trees will be removed, and in fact you've got areas that appear to have been graded, as well. Were any of the current owners or anyone associated with the project, meaning any of the contractors or professionals, involved when these trees were removed and when grading may have been done? DAVID FOX: Grading, certainly not, and on the trees not to the best of my knowledge. I can give you a little bit of history if you've like it. When the Highlands subdivision was done there was a water tank placed on this property and that road, the main road that goes up, had to be somewhat improved so that San Jose Water could get up there, so there was definitely grading done by San Jose Water to get that tank up there. But most of the work that has been done out there, if you looked, for instance, on Lot 2 that's way out, if you look there, there are a number of fairly tall, crumbling retaining walls. Most of the work that was done out there was done long, long ago, probably maybe when Perry Greiner owned the property, which was quite a good long time ago, or prior to him. And there are lots of stories about this land. There have been so many owners. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: So, have the current owners or contractors or developers or anyone associated with the project been involved with this project longer than the last couple of years? DAVID FOX: No. No, absolutely not. CHAIR HUDES: Okay. The other question I had about the site is I tried to do it in the rain; it was really tough. DAVID FOX: It's very slippery out there in the rain. CHAIR HUDES: I came back today and spent some time out there. I had a very difficult time understanding the site and understanding where… I could read the map, but I couldn't… I was using a compass and all kinds of things to try to figure out where I was. Did you consider marking with poles or more significant markers where the buildings would be located, where the road would be located, or giving tours of the site? The reason I'm asking is we had a recent application where when we were at this stage, we were able to conceptualize where these lots were going to be and where the boundaries were going to be. DAVID FOX: Well, if we were allowed all three of us would be happy to take any of you up there, for sure. I mean, we would walk you around. We've walked it for a long LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time, and we do know where everything is. And if the Town allows that sort of thing, we'd certainly meet you up there and do that. As far as where the roads are going to be, you walked on where the roads are going to be. They are the existing roads. CHAIR HUDES: Okay. I've walked in some strange places. DAVID FOX: Well then, you probably didn't walk on the existing roads and there will be no road there. Do not get poison oak. CHAIR HUDES: Probably got some. Thank you. DAVID FOX: You're welcome, sir. CHAIR HUDES: Are there any other questions of the Applicant at this time? Okay, I'm going to open the hearing for members of the public, and I have quite a few cards, so I'm going to ask Sarah Chaffin if you'd like to come forward, and then we'll hear from Dennis Byron. SARAH CHAFFIN: Good evening, thank you for having me. I'm sure it's been a long evening, so I appreciate you listening. I just came to speak in favor of this project, because right now we have a real shortage of housing and I think this would be a way to add eight more housing units to the Town. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I also feel that the Applicants are really working well with the neighbors. The other thing that's been a big concern is actually fire safety. There has been a lot of fire safety issues around Town, and meetings, because Los Gatos is actually in a high-risk fire situation and I think one of the great aspects of this project is it's going to allow you to leave the Highland area by another access, so if there is a fire people would not be trapped, so I think that's a huge benefit to the project. The other thing is one of the Applicants is a local from Los Gatos. They're small business people and I think it's important to take that into consideration when you consider the application, because I think they're really working hard to accommodate everyone. They're working on the project for a business purpose, but they're also working hard with the neighbors to make everyone happy. Thank you for listening to me, and for your time. CHAIR HUDES: Thank you. Any questions? Okay, Mr. Byron and then David Rossi. DENNIS BYRON: Good evening, my name is Dennis Byron and I've been a member of this Town since about 1962. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'm in favor of this project. I have been professionally involved, recreationally involved, and as a citizen involved in this property for the last 50 years at least. I actually knew Perry Greiner, I made him a couple offers way back when; he was a little difficult to work with, so I was never able achieve my goal, but I'm glad to see somebody with the character of the developer today building this project. It's been well vetted. I think it's going to be a beautiful project and I think it's going to be a great asset to the Town of Los Gatos. Thank you. CHAIR HUDES: Thank you. Any questions? Okay, Mr. Rossi and then Dr. Weissman. DAVID ROSSI: Hi, good evening. I met the developer tonight for the first time, and I have to say that I heard about this project through Jennifer and I'm here to support this project. The Town Council should support and praise a developer of this quality to come in here and go underneath density requirements and present such a responsible project. I was so amazed when I heard there was opposition. I said, "What could the opposition actually be?" and they said, "Local neighbors." And I realized that there's a human condition people have that when they think things are bad, they fight for them. We want to fight for things that LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we think are right or fight for things that we think are bad. But the same human condition causes us to think that things are bad when they're only bad for us, and this is one of those situations where the local opposition thinks this is bad for the community, because it's simply bad for them. I think the politicians and the judicial system and even historians look at bias with deference, and I think the Council should definitely look at local opposition with deference, and because what they want isn't necessarily good for this community—I've been here since 1977—and this is a responsible project that deserves responsible praise, I'm in support and I hope Council supports it as well. CHAIR HUDES: Thank you. I did have one question. I thank you for your comments. I just wanted to make sure you were aware that this is the Planning Commission, not the Town Council, and we are appointed volunteers to this position. DAVID ROSSI: I'm aware of that. CHAIR HUDES: Okay, thank you. Dr. Weissman. DAVID WEISSMAN: Without analysis of the four-lot alternative, which we requested at both oral and written LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 testimony back in 2017, and a circulation analysis, this EIR is simply not ready for certification. Now, I have expected to deal with fake news in national politics, but not in Los Gatos. So, in your packet, Exhibit 17, on page 10, Item C, where the Applicant repeats an earlier statement that all driveways are less than 300' long, I say B.S. And where the Staff Report says that the shared driveway to Lots 7 and 8 is 720' long and the driveway to Lot 2 is 340', I also say B.S. Because I can pull out my trusty piece of string, and I have a set of the Applicant's plans where the driveways are marked, and all I did was put the string on the blue dots and measured it out and then put it against a ruler; that's how I got my numbers. All four of the driveways to Lots 1, 2, 7, and 8 exceed the 300' limit imposed by the Hillside Guidelines, which importantly the Hillside Guidelines don't distinguish between shared and non-shared driveways. So why is Staff making this distinction if the Hillside Guidelines don't make it? It is not Staff's function to help the Applicant, but to provide unbiased information to the Planning Commission. Shared or not, these excessive driveway lengths are more dangerous than shorter driveways. And nowhere in Staff's report do they mention that the cul de sac at LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1,300' exceeds the 800' limit imposed by the Hillside Specific Plan. As such, it requires another exception. And why are these excessive distances important? Because as the Planning Commission you need to know these facts, given the age of forest fires that we now live in. Think Santa Rosa and Paradise, California. Plus, these dangers were clearly front and center and so stated when the writers of the Hillside Specific Plan and Hillside Guidelines set these limits. If anything, the fire situation is now measurably worse compared with when these documents were written. A four-house subdivision on Lots 3, 4, 5, and 6 with each lot limited to its LRDA, and all other areas outside the LRDA protected as unfenced, undeveloped, and unpaved, dedicated to open space is a reasonable project, because this achieves the true clustering of the Hillside Specific Plan. The Applicant is correct that under their plan 82-percent of the site would be freed of development, but all that area is over 30-percent, and a lot of it is over 50%; they're not going to develop it anyway. CHAIR HUDES: Thank you. Maybe there are some questions here. Questions? I had a couple of questions. The first one was about reconfiguring the property. Have you seen any alternative configurations LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 either for four-lot or others, not just conceptual four-lot but actual layout of a four-lot or a six-lot or a seven-lot or anything else? DAVID WEISSMAN: Yes, in 2011 a previous owner commissioned what is called a scoping document, which was done by Fletcher Parsons. Some of you may know him; he used to be on the staff here. They came up with three alternatives. The first two were both four-lot subdivisions. The third and least favorable alternative was an eight-lot subdivision. We mentioned that study at the scoping meeting in 2017. That letter was put in the file by us twice, because it disappeared from the Town's file. So, yes. CHAIR HUDES: Do you know whether those configurations were provided to either the EIR consultant or Town Staff? DAVID WEISSMAN: Well, if they were in the file, I would assume the EIR consultant would have seen them, and they certainly could have asked us for them, because we mentioned them at the scoping meeting in 2017. CHAIR HUDES: Okay, thank you. Any other questions? I had one other one, which was related to your letter and the previous discussion we just had about LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fences. What's been proposed, would that in any way interact with the discussion about fences? DAVID WEISSMAN: It could. EIR Alternative 3 specifically recommends that the… Right now, the project, I believe, has 4.6 acres which is designated as open space. Since they can't use 31 acres of the property, the 82- percent or something like that, because it's so steep, let make that, now, you guys could do that, that that area will be dedicated open, unfenced space that cannot be developed. And this is a perfect place to segue that into the Fence Ordinance as it pertains to PD development in the hillsides, and then we don't have to worry about fences that are there, fences that are not there, and so forth. CHAIR HUDES: Okay, thank you. Yes, Commissioner O'Donnell. COMMISSIONER O'DONNELL: You have made a point in writing and now orally about the four-unit alternative. It was explained earlier that one didn't have to consider that, you heard why, and I think legally that is a correct statement. So, if the Applicant doesn't have to consider those alternatives, because you could have had a Negative Declaration on this, you don't need to do the alternatives, so whether it's a four or a six or a two or anything else, you don't need to do that. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So, if you have some other argument as to why we would have to consider a four-unit alternative, I'd like to hear it, because at the moment it appears that's not the case. DAVID WEISSMAN: My argument would be that when you take out 170-something trees, when you have a project that requires numerous exceptions for roads, for cut and fill, and then everything miraculously has no significant impact, I, again, say B.S. COMMISSIONER O'DONNELL: (Inaudible). CHAIR HUDES: I actually had another question about the driveway length. Could you explain the relationship, if there is one, between driveway length and fire hazard? DAVID WEISSMAN: Living on a street which is a dead end street, and we are acutely aware of that, and looking at what happened in Santa Rosa and Paradise, California where fires just overwhelmed these communities and people simply could not get out, having longer driveways simply increases the risk of people being able to get out. So, if you live in the Highlands, you're now going to have coming from the east potentially five residences from the Sahadi/Shannon Road development, you're LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 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 going to have potentially eight residences from this development, and then all the people that live in the Highlands. It just makes common sense. You've got people trying to get out and you've got emergency vehicles trying to get in, and the shorter the driveways probably the safer it is. Those visions are put into the Hillside Specific Plan. CHAIR HUDES: I understand that, and I believe that's going to be a key issue as to whether the EIR is correct or not. Coming back to the driveway length measurements, I understand you did that with string, and I understand you've provided that in text form, but I think it might be helpful at some point to see where you've measured on the map. Is that something you'd be willing to provide to us? DAVID WEISSMAN: May I approach the bench? CHAIR HUDES: Sure. Maybe on the table there. I think everyone would want to see it. Maybe you could take the mike, if you don't mind, Dr. Weissman. If you could maybe put it on the table, and then everyone can see that. DAVID WEISSMAN: On this plan there are several different color codes. The main road is shown in the dark blue. The driveway, and it is labeled "Driveway" here, is shown as little blue dots, or turquoise dots, and what I LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 40 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 simply did was took my piece of string, laid it carefully on the dots, got the length, put it against a ruler just like we did in elementary school, and that's how I got the lengths. CHAIR HUDES: Okay, thank you. Mr. Roman Ormandy and then Susan Fish. ROMAN ORMANDY: My name is Roman Ormandy and we live on 16200 Greenridge Terrace, which is the property right next to these open spaces. I just have one question, really. We appreciate the open spaces, that's good, and we got about two weeks ago a notice that in fact this meeting is going to happen, and there is a sign right on the entrance on the property about what the project is going to look like. So, I walk down there and took a picture of the map, and it's not this map, it's actually a different map. So, it's probably the differences could be technical, but there is no open space on the map. There is a line which says…which is roughly the same line, and there is a legend which is… I'm referring to an easement, but I was puzzled and that's why I wrote the letter, and now I see there is open space again, so presumably open space is there, and they cannot build anything, which would make me feel safer LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that I will not be watching from my swimming pool some construction going on. So, the question is why is this map different? DAVID FOX: We'll tell you later. We'll tell you when they let us talk again, but we will tell you. ROMAN ORMANDY: But the answer is this is the correct map? DAVID FOX: Yes, sir. ROMAN ORMANDY: Thank you. CHAIR HUDES: (Inaudible) we can take your question and we can ask the Applicant later, but we can't (inaudible). ROMAN ORMANDY: Yeah. CHAIR HUDES: Are there any questions? Okay, thank you. Susan Fish and then Gary King, or the next one after that is Matt McCormick. SUSAN FISH: Good evening, my name is Susan Fish and I'm a resident of Greenridge Terrace, but my tribal memory of my neighborhood and my street goes on since the 1950s. There is one thing I will agree with the presentation, that there have been many, many, many owners and developers of this property. Over the past at least 40 years we've seen projects come and go. Sometimes they got LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 42 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 far enough to the Commission, many times not. It wasn't until the Highlands project brought development to the west side of this property that it actually became more vital, some kind of a development. I think we'd all agree that whether it's flatlands or hillsides, the easy parcels are all developed. It's the tough ones that are left, and this probably is up there with the very toughest. It has access problems, steep, steep canyons, it's got issues with what an environmental impact will be to put in services. It was back in the seventies—I was a planning commissioner—when the Hillside Plan was created, because the Commission realized there needed to be rules and guidelines for developments in the hillsides to make sure that they were right for the parcel, right for our town, and right for the people who would live there. In this project Lots 3, 4, 5, and 6 meet that criteria. Lots 7 and 8 have potential but need to be resited. Lots 1 and 2 do not meet that criteria; they're not right for our town, they're not right for those two parcels, and they're really not right for the people who are going to live there. The danger that we actually have with this project is approving eight parcels using, which I've heard over and over from these folks, "We're just making use of LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the roads that were cut. We're just making use of the roads that were there," and then leaving to have the people who are supposed to literally develop each of the parcels be coming to you with exceptions, particularly for Lots 1 and 2, because they're on steep, steep parts. We hear about swales, we hear about the steepness of the property, so that's the danger here of creating something that we can't fix without making all kinds of exceptions in the future. This particular project, quite frankly, we hope something finally is done with this property, because we're tired of constant, constant proposals and developments. But I will tell you, a lot of what they are depending on for roads, and you can check your code enforcement officers, you can even check the Los Gatos Police Department, we have called consistently over the years, and the name Perry Greiner has come up twice. That was probably the worst owner ever, because he literally graded that place on weekends and evenings when the Town of Los Gatos was totally unable to stop it, that's why the Los Gatos Police Department. And quite frankly, these folks shouldn't be unjustly enriched. I'll answer any questions that you have. CHAIR HUDES: Thank you. Questions? Commissioner Janoff. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 44 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 JANOFF: Thank you. You mentioned that Lots 1 and 2 are—I forgot the term you used—but not suitable is what I heard. Can you explain why Lots 1 and 2 are particularly problematic compared to the others? SUSAN FISH: Well, as you can see there is absolutely no cluster concept, and that's what the Hillside Plan was built on, the fact that by clustering units… When our neighborhood was built back in the 1940s and 50s eight of the homes at the top are clustered. I mean, it just makes sense, the use of the property. It's cheaper to get services, it makes sense to get services, you don't completely dig up and tear up the rest of the thing to get to the services for them. But those driveways are outrageous. We've seen in Santa Rosa, we've seen in Paradise, if there is a firestorm those folks won't be able to get out if they have a fire. COMMISSIONER JANOFF: If I could paraphrase, your concern is length of driveway and the lack of clustering for Lots 1 and 2. SUSAN FISH: Right, and the location that they've chosen. I get the sense that they're trying to carve out a place to fit these, and the only measure they meet is maximization of profits. COMMISSIONER JANOFF: Thank you. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Commissioner Badame. COMMISSIONER BADAME: Did you attend some of the community meetings with the Applicant? SUSAN FISH: Every one. COMMISSIONER BADAME: Okay. So, in reading your letter you mentioned that maybe Lots 7 and 8 could work if they're reconfigured. Did you address that with the Applicant, and what response did you get? SUSAN FISH: We got that they had talked over everything with their engineer, over everything with…and these were the best site locations, as was their recommendation. COMMISSIONER BADAME: Thank you. CHAIR HUDES: Maybe I could just ask a follow up on that. When you talk about reconfiguring, does that mean that you have an idea about what they should look like or where things should be located? I'm trying to understand, you know, reconfigure versus don't build, and reconfigure implies that you have an idea, so do you have an idea about how those should be done? SUSAN FISH: I'm not an engineer by trade, but I do believe that they can be resited so that they can gain more from the clustering and decrease the length of those driveways. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Okay, thank you. I had one other question, and that is that since you have a long history observing that area, are you aware of any projects that got to the stage where it was permissible to cut down trees and grade them? SUSAN FISH: There was a project in 1968 that was called Puerta del Monte, and they did the initial road that entered the property, because this property had no roads prior to that, there were just the steep canyons; it was not accessible. But they went bankrupt and didn't finish, didn't do any more than that. It was subsequent owners who literally carved out trees, took out trees, did illegal grading, significant amounts that is what we see today as the driveway or the retaining walls, those were what was done throughout the years. CHAIR HUDES: Okay, thank you very much. CHAIR HUDES: It seems Gary King may have left. Matt McCormick. MATT McCORMICK: Thank you. Yes, I'm Matt McCormick. Background is I represent buyers and sellers throughout the State of California; I've got an office down in Westlake Village, an office in Los Altos, and in Carmel. We're in much support of this project. We've looked at this for over a year-and-a-half and I'm LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 47 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 representing a buyer that is very interested to make a purpose on this property. So, I just want to let you know I came in to let you know not just the support, I hear what everyone is saying and their concerns and whatnot, and we're going to make sure that we pay attention to all, and very interested in these eight properties. CHAIR HUDES: Thank you. Any questions? Okay, thank you. The last card I have is Jennifer Croll. If anyone else wishes to speak, please come forward with a card. JENNIFER CROLL: Good evening. I'm speaking today on behalf of my daughter who is fourth generation Los Gatan; my mother, who is a four-decade business owner in Los Gatos; and myself; I was born and raised here in Los Gatos. I also own the property adjacent to this parcel and I am in serious favor of this development. I think that the end of this property they've conceded to have only one property adjacent to the Greenridge Terrace neighborhood, which I'm a part of, and I like that; I think that's a positive thing. I think that as far as clustering and the road, the driveway length, I think that it is a best suit on that Lot 1 to be out of sight of everybody else in the neighborhood. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The driveway issue, the Greenridge Terrace community wanted only one parcel there. It's quite big enough to have two and I think they've done a really nice job with the placement of that. You can't see that property at all from the neighborhood. I think they've been very thoughtful. I've kept myself up to date as it relates to this eight-lot subdivision with regular communications with the owners. I have 25 years of experience developing land, and as a direct neighbor I believe that I can offer a unique perspective. Firstly, this application is compliant and conforming to the zoning of this land and has for many years. I'm pleased that the Applicant did not apply for more lots, as I believe most applicants would have applied for 12-14 lots on this 36 acres. Furthermore, the conceptual design for these homes will add great value to Los Gatos, its immediate neighbors, and the surrounding area. As you know, Los Gatos needs to move forward with calculated expansion of its residential supply. The Vistas of Los Gatos will supply this area with three- to four-acre LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 49 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 high-end lots, which is something Los Gatos doesn't have enough of a supply for. On a personal note, I find the owners to be professional, ethical, and very accommodative to myself and my family. In summary, I simply am in strong support of this application due to its compliant nature, which includes very little variances. Should you have any questions, you can feel free to call me. Thank you. CHAIR HUDES: Great, thank you. Any questions? Okay, now we have opportunity for the Applicant to address anything they'd like to for up to five minutes, to add further comments about the application, or take further questions from the Planning Commission. Would the Applicant like to take advantage of another five minutes? DAVID FOX: I'm back. I'd like to address a couple of things. In the case of the cul de sac, we could have made the road shorter there. We could have moved the cul de sac closer to Lot 5; it would have required more grading on the site. The reason we put the cul de sac there, we were thinking about it, we put it in the spot where it would require the least grading. The water tank is… LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Excuse me, could you show us where that is? You can take the microphone with you. DAVID FOX: There we go. This is the water tank. This area in here was improved by San Jose Water already. If you walked out there you noticed it's very, very flat going to the water tank. We could have placed the cul de sac back here. We could have placed it where it would have been compliant with the Hillside Standards and Guidelines, but in this area right here it requires less grading, it requires less site disturbance to us to put it there, and that's why we placed it there. It's why we placed most of the siting of the homes in the places where they would create the least disturbance. Dr. Weissman talked about a four-lot alternative. Fletcher Parsons did a study on that, but it was an economic study, and the reason they proposed two four-lot subdivisions was because they could have got it approved under the Map Act and they wouldn't have had to have gone through the PD process. In fact, on both of the four-lot maps that were produced by Fletcher Parsons it says the remainder parcel is open for future development. There was absolutely no attempt to limit development on those, they just wanted to get the subdivisions approved faster, and that's why they proposed the four lots. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 51 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 Oh, on Lot 2—that would be this lot here—I don't know if you made it all the way out there, but there are existing retaining walls that are made out of railroad ties that are crumbling; several trees have already fallen down. That spot on Lot 2 would absolutely be the least impactful spot to place a home. It has absolutely zero visibility from anywhere, any of the viewing platforms. It is the proper spot, and the lot is large, it's huge, so we took a very small area, here, and placed a home there, and it is surrounded by a tremendous amount of open space and you can't see it from anywhere. We did that with all the homes. That was a criteria that we used for everything. Where can we put things that has the least impact? That's why some of the driveways are longer than the Hillside Standards allow, because we were trying to get to spots that would have the least impact. The services that would come to the property, responding to Ms. Fish's comment, they'll come up the existing roads. There is already water and electricity out there, and anything else would be brought in through the existing roads. We're not going to be tearing things up to bring things in, and so any utilities that go to any of the LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lots are going to be drawn down those existing graded pathways already. Amanda pointed out to me that this part of the road is being built right now for the Sahadi subdivision, so any length of road in this area right here would have to be counted with that subdivision, because there was an agreement made between the two that they could use that for their entry and their exit. As far as fire escape, this property owns 390' of Francis Oaks. People could walk out through Francis Oaks, they could walk out through the Highlands, they could walk out through the Sahadi subdivision; there are a lot of ways to get out of this property. Also, the roads are all two- way. In the event of a fire they could be turned into one- way roads and everybody could go out there, so there are multiple ways to get out. I agree, fire is a terrible thing. The other thing is we're bringing hydrants to this area. We're bringing fire suppression to an area that doesn't have it right now. If there are any other questions, I'd be happy to answer them. CHAIR HUDES: Okay, Commissioner Badame. COMMISSIONER BADAME: Would you care to respond to the comments by Ms. Fish in requesting that perhaps Lots LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 53 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 7 and 8 could be better configured to cluster with Lots 3, 4, 5, and 6? DAVID FOX: I will, thank you. Lot 8 right here, I don't know if you went out there but it's the area with the semi-tractor trailers on the one side that Mr. Perry Greiner left behind. That area, with the exception of a mound that is kind of in the middle of it, is dead flat. There would be very, very little grading, if any, that would be needed for that lot to be built. The same is true of Lot 7 here as it goes down into the valley there; there's a flat spot down in there. In fact, there are no trees down in that area at present; that's why we chose that site. They're both within the LRDA of the lot, and that was the purpose of putting those homes where they are. We wanted to stay within the LRDAs and both of those achieve that. As far as Lot 8 goes, there is not a better spot. You can't get flatter than flat, and that's where we're going to put that one. COMMISSIONER BADAME: Thank you. CHAIR HUDES: Thank you. Commissioner Hanssen. VICE CHAIR HANSSEN: Could you also comment on the Lot 1 and Lot 2, Ms. Fish's comments? And then in looking at the circulation plan, and we talked about the LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 54 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 access through Greenridge Terrace, but Lot 1 doesn't seem to be part of the neighborhood in terms of circulation, because it has a road that's going out through Greenridge Terrace. Is it going to be connected to the other homes? DAVID FOX: There was a strong desire in the Greenridge Terrace neighborhood to only have one house coming off, and they wanted that house to not be connected to any other houses, and that's what we've done. We also pushed it way back on the lot so that it couldn't be visible. VICE CHAIR HANSSEN: So, the reverse side of that, and I just wanted to comment, if you didn't have that then you would have less road. DAVID FOX: We could have actually attached this… There is a road that goes all the way around here. We could have attached that lot to any of the other lots. That road already exists, but it was the desire of the neighborhood not to have it attached, and so we didn't. VICE CHAIR HANSSEN: Okay. CHAIR HUDES: Thank you. Is that in the report of the neighborhood interaction? DAVID FOX: I perhaps could defer to Mr. Mullin on that? LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Maybe we could follow up with that. Other questions? I had a couple of questions. Where is the access to the trail, and who will maintain the trail? DAVID FOX: Could you run your finger along the entire trail? She's not tall enough. It actually goes like that and it ends at the end of the property. CHAIR HUDES: And it starts from? DAVID FOX: It starts from the Highlands Development. This is the Highlands subdivision right here, and that was put in as part of the Highlands subdivision; they have a trail there. CHAIR HUDES: And who will maintain the trail in this subdivision? DAVID FOX: The HOA. CHAIR HUDES: The HOA, okay. And will it be open to the public? DAVID FOX: Yes. CHAIR HUDES: Okay. Question about the driveway length. GARY KOHLSAAT: I was just getting ready to answer that. The exhibit that we've placed up here actually was created today by Amanda's office and it's using something a little more accurate than Dr. Weissman's string, although I think that's a clever way to do it. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 56 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 We've actually shown, and we have a copy to Staff, that this says each individual driveway length at its most extreme, meaning it that it goes from like the center line of the cul de sac, this is the shared driveway to where it splits, 710'. The length from there is 140' all the way to the garage doors and not where we have the firetruck turnaround. So, if you want to know the maximum extent of these proposed driveways, we have this exhibit. This one is 393' from here to here. We have turnouts along the way. Any time we're over 300' we have the turnout, which is required by the Fire Department, and that's something that in the Hillside Standards… CHAIR HUDES: Could you point out those turnouts? GARY KOHLSAAT: There's a turnout right here. There's a turnout right here; you can see it like a snake, and it's got its rat. There's a turnout right here, and those are the only three that exceed the 300'. CHAIR HUDES: So, this is a new drawing, correct? GARY KOHLSAAT: Correct. CHAIR HUDES: Would you be willing to provide that to us with a label of where the turnouts are? GARY KOHLSAAT: Absolutely. The turnouts are actually shown on Sheet 4. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Right, okay. I had another question about the driveway length. What is your perspective on how driveway length relates to fire hazard? GARY KOHLSAAT: I think there are several factors that go into the fire hazard; the slope of the driveway is one of them. Whether or not we have turnouts; turnouts are proven. What it is is the turnouts are for the resident to pull over while the emergency vehicle is coming past them. It's not for the emergency vehicle to get out of the way so I can get out of here; no, it's the other way around. The turnouts are sized appropriately for that, so it basically creates a two-way driveway at that one location. This is very standard practice throughout the Bay Area and at least in the South Bay where we're working with Santa Clara County Fire Department. Santa Clara County Fire has reviewed these plans and has deemed them compliant. ROBERT SCHULTZ: I can elaborate a little bit more on that, because I did look up Santa Clara's. It is a 500' requirement, not even 300', and if you're going to go longer than a 500' requirement you have to have the turnouts, you have to have the turnaround areas. In every jurisdiction I've been I've seen no more than 150' and then you've got to start doing the turnouts and the turnarounds. The reason isn't not to have long driveways because people LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 58 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 aren't going to be able to get out in an emergency, it's primarily that Fire is able to get in and get around other cars in an emergency situation. That's why they have it and that's why they have the turnout requirement. It isn't listed in our Hillside Guidelines, but the purpose was they use even a restrictor requirement, 300', but the reason why it was 300' had nothing to do with whether people could get in and out, it had to do with making certain that there are the turnouts and the turnarounds. GARY KOHLSAAT: And if I may, a factor, too, would be the slope of the driveway. You've got the shared driveway along here, which is essentially flat. You've got the driveway which leads to Lot 2, which is under ten- percent slope for the majority of that; it's considered flat. And Lot 8 is flat, so Lot 1 is the only one that exceeds that, and we've spoken about options for Lot 1 if that was desirable and of a concern. CHAIR HUDES: Okay, thank you. Other questions? Okay, I had a couple of sort of clean-up questions. You've referenced a report several times both in your testimony here and in your letter, a due diligence report and also a Fletcher Parsons report. I don't know if they're the same thing. It's difficult for us to consider that without reading the report. Would you be willing to provide us with LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that since you've made some points about it? It's difficult to understand those points without the rest of the context of the report. DAVID FOX: It was actually provided to the Staff, and the project attorney actually wrote a letter to the Town about it. CHAIR HUDES: Are they the same report or are they two different things? DAVID FOX: Just one. CHAIR HUDES: Fletcher Parsons and due diligence? DAVID FOX: Fletcher Parsons, former ace engineer for the Town of Los Gatos, was one of the people who worked on that report. CHAIR HUDES: And that's the due diligence report that's referred to as a financial…I think you referred to it as a financial report. DAVID FOX: It was done by Eastern Savings Bank. It was commissioned by Eastern Savings Bank, and there's a long history with them and Mr. Perry Greiner, but it was an economic analysis. It was for length of approval, and what they were trying to do… At the very end of that document what they say is that since the four-lot subdivision is an A&S approval you'd have to consider market timing, in other words, getting the product to market, but a PD is vested LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and you wouldn't have to consider market timing in that, and that was one of the things that the developer had to consider. The A&S can only be vested if there is significant construction, so what the developer had to look at was yes, I can get the four lots faster, but I might have to vest it, I might have to build it. CHAIR HUDES: My question was very simple. It was about providing it, and I think you've already provided it. DAVID FOX: And we have already provided it. CHAIR HUDES: So, okay, we'll try to get that. I had another question and that is I think in your report you've referred to the Blossom Hill Comprehensive Open Space Study discussion, and let me make sure that's in your report. DAVID FOX: It was extensively covered in our justification letter. CHAIR HUDES: Right, okay, and so is your position that the BHOSS should be considered, or that it should not be considered because it's not wholly referenced in the 2020 General Plan? DAVID FOX: You can be of two minds on the Blossom Hill Open Space Study. It was a 30,000' attempt to look at the area which includes this parcel, and it made a number of assumptions that are no longer correct, and if LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 61 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 you read our Letter of Justification, we've gone through it step-by-step to show where the study was lacking and where it could be applied. The Planning Commission is certainly allowed to apply anything that they would like, but I think that there are better documents that have superseded the BHOSS and that are more accurate and more applicable. CHAIR HUDES: That's helpful to understand your position on the applicability of that. Then last question I had was that there was a… I can't remember which neighbor, but someone talked about where the replacement trees are located and that the replacements were located in order to allow views for the sites, and that would not serve the purpose of those replacement trees being a screen from the viewing platforms. Did you have any opinion or reaction to that comment that said that the replacement trees should be located as screens of the homes from the viewing platforms? DAVID FOX: Well, since there are no homes it would be difficult to assess where the screening had to be, however, since the Commission and the Staff is going to see all of these homes comes back, and there will certainly be more replacement trees than have to be replaced for the road construction, they can be placed anywhere that the Commission or the Staff recommends they be placed and the LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 62 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 number of which can be put anywhere. So, if a home comes in to your guys and you take a look at it and you say hey, we'd like to screen this particular elevation, well, you're going to have more than one chance to do that, and those trees can be placed anywhere on any of those eight lots to provide the amount of screening that you deem necessary. CHAIR HUDES: Okay, thank you. DAVID FOX: You're welcome. CHAIR HUDES: Any other questions? Okay, I will close the public portion of the public hearing and I suggest that we take a break. We're at 10:30, so let's reconvene at 10:40. (INTERMISSION) CHAIR HUDES: We will now resume the deliberations. Could folks please have their seats. Thank you. Now is the opportunity for the Commission to ask questions of Staff or initiate discussion. Why don't we start with questions of Staff? Sure, Commissioner Burch. COMMISSIONER BURCH: I would like to hear from Staff your interpretation of the amount of work that's going to be happening on Sheet 5 of the drawings. I want to make sure that I just clearly understand. This has the utility plan, and the way it reads it actually shows the LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 63 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 proposed joint trench going all the way up to the proposed house, and I understand that that's proposed. So, let's take Lot 2, for example. Will the joint trench just be going to the cul de sac, or do you understand that it will actually be pulled up to the lot line for Lot 2? KEVIN BAGLEY: Kevin Bagley, Engineering. Sorry, my plans did not print very well. The color is a little off, but my understanding would be the joint trench would go all the way up to the future house. COMMISSIONER BURCH: Okay. KEVIN BAGLEY: It does appear that the joint trenches are shown all the way up to the fire turnaround. Obviously, the utilities would not end there, they would service whatever proposed home is put in place. COMMISSIONER BURCH: But the trenching associated will be a part of the application for each home? So, when I see Lot 2 my question is, I'll be seeing the house, the driveway, and all of the grading and any work associated with taking the joint trench to that location, correct? KEVIN BAGLEY: My understanding would be that during the PD that it would only be up to the property line. I can't have input at the moment from the Applicant, but I would think that without knowing the exact siting of LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 64 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 the house they wouldn't want to extend the joint trench any farther than the property line. COMMISSIONER O'DONNELL: That doesn't make any sense. That drawing, however, shows a manhole. You've got a proposed trench which is past the property line, and then here in blue to me it appears that it goes all the way to what is called the future house, and that would also explain why they have a manhole, so it looks like their drawing is such that it would go all the way up to the house. And when that's the case, I don't know. JOEL PAULSON: I don't know that we have exactly the plan for whether that would happen with the Planned Development or that would happen following approval of the Subdivision Map or at Architecture and Site. I think what they were attempting to show here is that generally if these were the conceptual locations that were future Architecture and Site, these are the routes that that joint trench would go to the house. So, we can get more clarification on that moving forward, that can be some direction, but ultimately, we can get more clarity on that. COMMISSIONER BURCH: And I assume, I mean, it does say clearly "joint trench" and "proposed joint trench." I just was trying to understand with whatever LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 65 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 motion we make today that I understand the parameters and what I expect to see with each future home, because we are looking at higher grading numbers. I just wanted to know if it would include those or not. I think that was it for the moment. CHAIR HUDES: Commissioner Badame. COMMISSIONER BADAME: Question for Staff. What does a circulation analysis entail? I've never seen one. We see our traffic analysis from time to time. And if the Commission were to request one, who would provide it, the Town or the Applicant? JOEL PAULSON: We're all over here looking at each other. What time is it? What time is it right now? So, circulation analysis, we would look at circulation and so I'm not sure if you're looking at it from a safety perspective or that type of analysis. For us, if you're thinking of safety, whether it's fire safety or some other safety, Santa Clara Fire has reviewed this application, reviewed these proposals, and determined that this is adequate. So, they reviewed the Planned Development application and they would also review future Architecture and Site applications. Typically, and I know there have been some conversations around secondary access, multi access. Santa LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 66 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 Clara County's threshold actually is 30 parcels, so this is relatively small in comparison to their typical threshold for requiring mandatory secondary access, but typically they would look at the circulation. That's where you have the turnouts, you have the cul de sacs, you have the potential turnarounds at the end of these long driveways; those are all in conformance with Santa Clara County Fire's requirements. CHAIR HUDES: I had a follow up question on that, if I may? COMMISSIONER BADAME: Sure. CHAIR HUDES: Are the fire department requirements a floor or a ceiling? In other words, do the Hillside Design Standards and Guidelines and our ordinances not apply if the Fire Department's requirements are met? JOEL PAULSON: They still apply, and that's why we have requested exceptions for driveway lengths, but from a safety perspective I wouldn't consider Santa Clara County Fire a floor. From a safety perspective I think they take that very seriously, and so that does not, again, preclude you from being concerned about our requirements as they relate to driveway lengths or cul de sac lengths, but from a fire safety standpoint we consider their input paramount. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Sorry, Commissioner Badame, I interrupted. COMMISSIONER BADAME: So, I think I need some clarification, because I thought I heard earlier from the Town Attorney that the Santa Clara County Fire Department regulations were 500', so we are looking at driveway lengths of, I don't know, we've got different measurements, so it could be 600', it could be 690', it could be 720', it could 1,000'. ROBERT SCHULTZ: I'm sorry if I misspoke. They don't have a maximum length. Anything over 500' then has to have the turnouts and the turnarounds. I believe this development has them at 300', the turnouts and the turnarounds, so it is actually more restrictive than the County requires. COMMISSIONER BADAME: Okay, thank you. JOEL PAULSON: Which gets to the floor versus ceiling comment where we have a more restrictive turnout requirement than Santa Clara County Fire does, which this project meets. CHAIR HUDES: Okay, thank you. Commissioner Hanssen. VICE CHAIR HANSSEN: Just following up on Commissioner Badame's question. When there was a question LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 68 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 asked earlier about certifying the EIR without a circulation analysis I was thinking about the EIR, and I was like the fire safety issue isn't one of the things they generally evaluate in the EIR. It could be like a geologic hazard or something like that, so it would only be related to transportation and traffic and with only eight houses, I mean, we would require a circulation analysis, because the traffic impacts are not significant. JOEL PAULSON: That's correct, we definitely wouldn't require a traffic impact analysis, because it wouldn't hit our threshold for requiring one. So, circulation analysis, transportation impact analysis, those are two different studies theoretically in relation… VICE CHAIR HANSSEN: What would be the jurisdiction for requiring a circulation analysis? It would be because of fire safety, and you said that's already covered by the County Fire Department. JOEL PAULSON: It could be because of fire safety or some other specific requirement that isn't triggered by this project. VICE CHAIR HANSSEN: Okay, so there's no underlying… JOEL PAULSON: A circulation analysis is not necessary for this project. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 69 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 VICE CHAIR HANSSEN: …(inaudible) that would trigger the need for a circulation analysis? JOEL PAULSON: Yeah. VICE CHAIR HANSSEN: Okay, thank you. CHAIR HUDES: Thank you. Other questions? I had a couple. The report that was referred to, now it's been referred to enough times that I feel like I would like to read it, and I'm wondering if Staff has possession of this Fletcher Parsons report and can provide you it to us? JOEL PAULSON: Apparently, we do somewhere based on the Applicant's input. We don't have that handy now. We could definitely look through the files. I think we also have a little bit of transition. Ms. Shoopman recently had her child and she has been processing this application up to about a week-and-a-half ago, so we're trying to pull together some of that information, but that is definitely something we could get ahold of for you. CHAIR HUDES: Okay, and does Staff have this document now? JOEL PAULSON: Yes. CHAIR HUDES: That hasn't been provided to us? JOEL PAULSON: It has not. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Okay. Other questions of Staff? I'd be interested in Staff's opinion about the BHOSS and whether it's relevant or applicable, whether the Planning Commission should be considering that in evaluating the application. COMMISSIONER O'DONNELL: I couldn't hear you. CHAIR HUDES: I was asking about the BHOSS, the Blossom Hill study and whether it was applicable to this application and should the Planning Commission be considering that? JOEL PAULSON: I would say the Planning Commission can definitely consider that. I think, as was stated, that document was done, I believe, in 1990. We've had a number of General Plan and Hillside Residential Design Guidelines and other documents that have probably incorporated much, if not most, of those analysis points from that document, so you're definitely able to use any points in that document that you feel are still relevant and not covered it in some other document, whether that's the General Plan or the Hillside Guidelines or Hillside Specific Plan, and if you have any specific things that you're looking for, then definitely let us know and we can get you the information. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: I'm just not familiar with that report, so I don't know what has been superseded by newer documents. JOEL PAULSON: Okay. CHAIR HUDES: Other questions? Okay, discussion or consideration? Commissioner O'Donnell. COMMISSIONER O'DONNELL: On discussion, and this is just an opening salvo, so to speak, when I've been looking at this project my initial reaction wasn't positive. However, I've spent now some hours on it, and I guess looking at it and seeing what is permitted and what is not permitted. Then I was concerned with the alternative of fewer numbers until I realized again that since this didn't need mitigate on in that regard then you just couldn't come up with an alternative for that, so that came out the window. So, then when I look at it, it looks like eight units, or eight houses, (inaudible) correctly with what we can do, unless things like the length of the driveways and that kind of thing somehow would not be the right thing. And I'm saying this so I can hopefully get some input from all of you. I'm trying to think what are the things we should be worried about, if at all? Is there something that we LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 72 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 be requiring that isn't there, because at the moment I can't come up with a reason that I'm happy with to deny the project. CHAIR HUDES: Thank you. Commissioner Burch. COMMISSIONER BURCH: To kind of dovetail on that, I was also concerned a little bit about the length of the driveways, however, in thinking about a number of the hillside applications that we've seen lately we have been strongly encouraging people to redesign to stay within the LRDA. So, if we now have homes that are situated perfectly within their LRDA, they're not outside, they're not doing extra excavating, what's the tradeoff? Well, the tradeoff is now maybe a longer driveway, and when I look at the two I'm happier with that than having people building on steep slopes, cutting down significantly more trees to get the grading done, so the longer I've looked at this and thought about it the longer driveways don't bother me and I appreciate that the homes are situated within the LRDA, because oftentimes in hillsides that is hard to do. I personally feel that this is actually a very well thought-out application, and I appreciate some of the steps that they've taken to think through the requirements that we bring up so often in our discussions. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Commissioner Hanssen. VICE CHAIR HANSSEN: I agree with everything that was said. Looking at this from the big picture perspective the density could be more based on our Town regulations and they chose to go to eight, and as was stated, the houses can be fit in within the LRDA, and so I don't see this thing stretching us in too much of a way and I'm pretty comfortable with the driveway for the reasons that Commissioner Burch brought up. The other thing that I thought in thinking this through is that unlike some other Planned Development applications we've seen before where everything is kind of locked and loaded at the time you make the decision on the Planned Development application, and you can't do anything about the houses when they're getting built. This is not that. We're approving basically the idea of doing the eight lots and the roadway, and then later on we will have discretion, or some body within Los Gatos will have discretion over those houses, so if it turns out somehow that some trees get cut down and something else is visible, the Hillside Design Guidelines will kick in. I think this is really a generally well-designed proposal. I didn't find any issue with the EIR. There are less than significant impacts, so I don't see any reason to LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 74 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 tell them they need to do less units, so I'm generally in favor of going forward and recommending it to Council. CHAIR HUDES: Commissioner Janoff. COMMISSIONER JANOFF: I'm generally in favor of approval of the EIR for similar reasons. Regarding the Planned Development, I, too, am concerned about the length of the driveways, but specifically regarding not the safety issue but the development of an actual asphalted road, which is impact on the land if it's 600' long versus 300' long. I don't have any objection to the number of lots, but I would still be in favor of the developer trying to find ways to shorten the length of the developed dirt road so that we are lessening the hardscape impact on these lot sizes. You've done a really, really good job of making sure that almost 100% of your development is within the LRDA, with the exception of the driveway to I believe it's Lot 6? DAVID FOX: The LRDA doesn't touch the road. COMMISSIONER JANOFF: Well, it doesn't touch the road where you've placed the driveway. COMMISSIONER O'DONNELL: (Inaudible) you can't do that. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Yeah. COMMISSIONER JANOFF: I'm just saying that there is…it's possible that the LRDA could still be met if the driveway is turned a little bit or the lot line has changed. So, I think in general it's a pretty reasonable approach. The only thing I would want to see as a change or addition possibly to the Planned Development Ordinance has to do with the visibility issue that Commissioner Hudes raised, which goes to if the trees that are currently part of the visibility studies are removed for providing a view from the developed homes, then that goes against the visibility that we're trying to protect from downside of the homes. I would like to see as one of the clauses of the ordinance something that says the existing trees, or the existing visibility, needs to be retained such that if in the future the tree dies or in the future a homeowner decides they want a more expansive view of the valley, that's not permitted, so we protect those downhill views. That's really the only addition I'd like to see. CHAIR HUDES: Commissioner Badame. COMMISSIONER BADAME: Actually, I do have an issue with the steepness of the slopes. These are very steep slopes and I have to question the number of the lots LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 76 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 given the constraints of the site. I'm very concerned about fire safety. Twenty-eighteen was a pretty devastating year for wildfires. I mean, it was the deadliest year for fatalities on record in the State of California, so I'm concerned that there's a reason that the Hillside Design Standards and Guidelines state that development should not be on or adjacent to slopes greater than 30-percent. These are steep slopes and I'd like to see an alternative site design maybe with fewer lots; it would make me feel better and it might fit in better with our other controlling documents such as the General Plan and the Hillside Specific Plan other than just relying on a slope density calculation to figure out how many lots are appropriate. CHAIR HUDES: Maybe I could just respond, and then Commissioner O'Donnell. I believe there are a number of sort of loose ends that we need to get some more information on, and I'm generally in favor of the development, however, I am very concerned about granting exceptions, particularly if they contribute in any way to fire hazard. I mean, we're not dealing with the same situation that even existed when these guidelines were written, so whereas it might have been appropriate to grant exceptions ten or 20 or 30 years LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 77 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 ago, we're dealing with a different environment in the hills here and I would be very, very concerned about that. I'm concerned about driveway length and I'm concerned about steepness of slope, and so I personally would like to better understand the driveway length, because I'm still confused, and I also have not had the opportunity to absorb some of the documents that were presented tonight with regard to that, and I also am just concerned about granting exceptions in an environment that is much more fire prone than when we previously granted exceptions. Commissioner O'Donnell. COMMISSIONER O'DONNELL: We're all concerned about fire, but I will say this: The Fire Department approved this. I have been up in that country repeatedly over the last few years. It certainly doesn't compare at all to the Santa Rosa fire, because the houses were much closer to together. I think there are factual differences in those fires compared to here. I also think that the experts in this are the Fire Department, not us, so we can sit here and analyze it till the cows come home, and if Fire Department says it's okay, I don't feel qualified to say well we appreciate your LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 78 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 help, but we disagree with you. I don't know how I could disagree with the Fire Department. I would be prepared to decide this tonight. On the other hand, if my fellow commissioners or any of them feel that it is necessary to continue the matter to do these other things, I respect each of you and I would certainly not quarrel with that. CHAIR HUDES: Commissioner Badame and then Commissioner Janoff. COMMISSIONER BADAME: I just wanted to add that the Fire Department might say it's okay, but I can tell you that I have personal knowledge that insurance companies won't say it's okay. Major insurance companies will decline any coverage in that area, or they will not renew policies, and to me it's not only related to property risk, but it's public safety. It's a designated… COMMISSIONER O'DONNELL: Insurance companies are really worried about public safety and not money, huh? COMMISSIONER BADAME: Well, a loss of life could contribute to a pretty hefty liability lawsuit. CHAIR HUDES: Commissioner Janoff. COMMISSIONER JANOFF: I just wanted to clarify, I think that the exceptions that are being requested are theoretical exceptions based on the lots as conceptualized LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 79 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 the plans, and so just a point of clarification, in accepting for recommending approval of the Planned Development Ordinance are there exceptions that we are codifying tonight if we were to approve that? JOEL PAULSON: Well, I wouldn't say you're codifying them, but given future Architecture and Site applications, if they're in substantial conformance with the exceptions that are requested here, obviously when it comes through for Architecture and Site Staff will work with any applicant to see if those can be reduced and to what extent, but if someone came through with those exceptions, then we would be looking to support those. CHAIR HUDES: I might just want to weigh in on a couple of other things that I would like to investigate more before casting a decision. The issue that Commissioner Badame raised about slope and adjacency, I want to understand that language a little bit better. It wasn't just locating, I think, on a lot that is not on a slope, but also adjacent, I think I want to understand how that language works carefully. I would like to have an exhibit that clearly shows the driveway length. I understand we've had numbers, but I don't see it on a chart; I would love to see that. I would like to do a site visit where I can see where these LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 80 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 lots are going to be located. I felt that the marking of them was not particularly good and it wasn't equivalent to what we've seen on other developments that we've approved. I would like more clarity on the joint trench, and I would like to see something on the visibility issues that have been raised, and also any documentation of a fewer lot alternative, including the documents that have been referenced numerous times; I would like to be able to read those documents before I would be comfortable with moving forward. While I'm generally in favor of the development, there are some loose ends, and some that relate back to fire safety, that are important in my mind. Commissioner Burch. COMMISSIONER BURCH: I think if yourself and Commissioner Badame feel like there's some more information you need, I'm comfortable continuing it. I'd like to do it sooner rather than later, but I guess I'd like to hear what other people think. I certainly don't want us to move forward on a hillside development without everybody being comfortable in what they're going to do. I don't know, what do you guys think? CHAIR HUDES: Commissioner Tavana. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 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 COMMISSIONER TAVANA: I would have to say I agree with Commissioner O'Donnell here. I'm not a fire expert and from what I've heard tonight I'm confident to say that fire would not be an issue, and so I can't sit here and say I would say no to this application because of fire hazards. CHAIR HUDES: Somebody want to make a motion? COMMISSIONER O'DONNELL: Let me just ask one more question before that. I am concerned with all of the reading that you're talking about. I'm not sure what it has to do with much, a document which was produced in 1990, and some of the questions you've asked, I don't know how you find the answer to those questions. And if you do find the answer to those questions, I don't know how you share those answers with the Commission so that we all have the same answers before we make decisions. But I have great confidence in you personally, and therefore I'm sure you'll be able to do it, but I'll be very interested in seeing how you do it and whether those documents have any relevance. But it's not something I would do. CHAIR HUDES: Commissioner Hanssen. VICE CHAIR HANSSEN: I'd like to ask a question of Staff that I asked before this meeting. The Highlands development. You might not have the specific numbers, but the general slope of those properties compared to this. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 82 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: We don't have that information. We'd have to go back and look at the Staff Reports from the Planned Development that was done quite a while ago. I think driving through the Highlands, other than the lot on the right as you first come in, the single-story house, most of those homes are built into the hillside and have fairly steep slopes around them, but I don't have the objective numbers of their average slope. VICE CHAIR HANSSEN: But it's your general sense that they also have steep slopes? JOEL PAULSON: Very clear that there were steep slopes there, I just don't know if they were more of less than this application. VICE CHAIR HANSSEN: Okay, and then if I may, I'd like to make a comment. I agree with Commissioner O'Donnell. I'm not sure what analyzing a four-lot alternative is going to do when the EIR says there's no significant impact from an eight-lot alternative. I'm just not sure why we need to analyze a four-lot alternative. But if it's the will of the Commission to do that, then I understand, but I don't need that to get to a decision. I generally wasn't thinking we needed to do a continuance, but if we can't get most of the Commission comfortable with this, then that's not a good thing, so… LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Commissioner Burch. COMMISSIONER BURCH: I'm going to venture a motion. I am going to move that we forward a recommendation to Town Council to certify the Final EIR and an approval for the Planned Development application. EIR report EIR-17- 001, and Planned Development Application PD-16-002. I make the following findings as required by CEQA for certifying the EIR: That the Planned Development to rezone the property is consistent with the General Plan, that the project is consistent with the Hillside Development Standards and Guidelines, that the project is in compliance with the Hillside Specific Plan, and that the project is consistent with the Town's Housing Element and addresses the Town's housing needs as identified in the Housing Element. CHAIR HUDES: Do we have a second? Commissioner Tavana. COMMISSIONER TAVANA: I second it. CHAIR HUDES: Okay, discussion? I would like to just weigh in that I will not be supporting the motion. I feel that there are some loose ends that I would prefer to understand, particularly since we're dealing with an issue that is potentially dangerous, and the things that I would like to see, I understand maybe the four-lot alternative is LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 84 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 not so important, but I do think that there are some other things that I think are more important. I'd like to really understand the driveway lengths and the location of the turnouts. I'd like to understand Commissioner Janoff's suggestion about shortening the length of the developed road, I'd like to better understand the steepness of slope issue, and I'd prefer to have some time to absorb some of those things. This is a critical and large project. Commissioner Hanssen. VICE CHAIR HANSSEN: Commissioner Janoff had brought this up, so I'm guessing that you would want to add this, but the comment that Commissioner Janoff brought up about tightening up the view with the trees in the proposal for the Planned Development Ordinance, I was wondering if the Maker of the Motion and the Seconder would accept adding that to the PD condition that we are recommending to Council? COMMISSIONER BURCH: Yes, I would accept that add. VICE CHAIR HANSSEN: I probably would have to look to Commissioner Janoff to say it better than I did. COMMISSIONER BURCH: I think we have it on record. LOS GATOS PLANNING COMMISSION 3/13/2019 Item #5, 16100 Greenridge Terrace 85 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 VICE CHAIR HANSSEN: Yeah, okay. COMMISSIONER TAVANA: Yeah, I second it. CHAIR HUDES: Further discussion? JOEL PAULSON: Through the Chair? CHAIR HUDES: Yes. JOEL PAULSON: And I might have missed it, but I just want to clarify, I know you read the headings that are in Exhibit 4 that are the findings, but I just want to make sure that the findings you were referencing were from Exhibit 4. COMMISSIONER BURCH: Correct, from Exhibit 4. JOEL PAULSON: Thank you. COMMISSIONER BURCH: It's getting late; it's hard to read. CHAIR HUDES: Call the question. Those in favor? Those opposed? We have a 5-2 vote on this. ROBERT SCHULTZ: With the Chair and Commissioner Badame opposed. CHAIR HUDES: Right.