3.2 Attachment 12I]AVII]ON ImilOMES
January 25, 2015
Joel Paulson
Community Development Dept.
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
RE: Visual Analysis Methodology
Dear Mr. Paulson,
(via email & overnight delivery)
Davidon appreciates the continued opportunity to be included in the discussion regarding
potential amendments to Visual Analysis Methodology within the HDS&G. For the most part,
we agree with the amendments recommended by Planning Commission. Davidon finds that the
proposed amendments are tough on the applicant, but with the following proposed
refinement, can be workable while maintaining an important balance of fairness between
reasonable private property rights and the interests of the citizens of Los Gatos.
Planning Commission's proposal that all poor or fair/poor trees shall not be allowed for
screening is a considerable change from the past practice of the Town. In Davidon's case,
current applications are affected significantly by this proposal, to a point where major redesign
may be necessary. The proposed concept of not allowing poor conditioned trees to be used for
screening is difficult to argue against, since it seems logical. Because this proposal can
significantly burden a property, there should be a balance of fairness, which can be satisfied by
allowing planting of screen trees.
Currently, the interpretation of the HSD&G does not allow planting of trees for screening of the
building. This interpretation is taken from HSD&G Page 16, under "Selecting the Building Site",
C.3 stating "Providing Landscape screening is not an alternative to reducing building height or
selecting a less visible site."
Davidon believes that there may be a misinterpretation of this language, where the implication
may have been for ornamental landscaping, such as shrubs, vines and nonnative trees.
Ornamental landscaping, that a property owner can remove without any approvals and can
potentially expose the visibility of the house, differs significantly than planted native oak
mitigation trees that are protected by the Town's Tree Ordinance or can be protected by a deed
restriction, as currently proposed by PC for other screen trees.
ATTaCtLMENT 12
615
1600 SOUTH MAIN STREET. SUITE 150, WALNUT CREEK CALIFORNIA 94596-5394
TELEPHONE (925) 945-8000 • FACSIMILE (925) 256-0140
In the 6/15/2009 Council Hearing (archive video at 1:28), Mayor Wassermann, who was on the
Council that approved the HSD&G, discussed that mitigating to the greatest extent reasonable
included the use of planting screen trees. He stated that in "the HSD&G there are many things
subject to interpretation, many phrases that have gray area, such as mitigating to the greatest
extent reasonable." He believed planting screen trees was allowable mitigation.
Implementing young, healthy, oak trees can provide immediate screening that will only grow
and survive over the next several decades. New plantings not only mitigate the visibility of the
house, but equally important, enhances health to the environment and the sustainability of the
oak woodland.
To not encourage planting healthy protected screen trees is not only irrational, but punitive to
the property owner, the oak woodland, the environment and to the intent and goals of the
HDS&G.
Davidon requests that staff and Town Council consider the addition of language to the HDS&G
similar to the following:
Applicants are encouraged to provide native screen trees. These trees will require o deed
restriction for their preservation & protection. The canopy of the tree at the time of the
visibility analysis shall be allowed to be used as screening.
Davidon looks forward to further discussing this topic at the hearing on February 2nd
Sincerely,
DAVI HOM
Vice President, Land Acquisition & Development
,16