On Aug. 11, the Los Gatos Town Council is holding a Special Meeting to determine the fate of one of its last remaining rural hillsides—one that has been held as Resource Conservation Space since 1975. A luxury home development is being proposed for the hill that backs the Surrey Farms neighborhood, submitted under the SB 330 and “Builder’s Remedy” laws.
The hillside is currently home to 546 protected trees, heritage oaks, migratory birds, woodland animals, deer, turkey, various protected species, a riparian corridor, and an ephemeral stream. Under the proposed development, this natural habitat will be replaced with nine homes that will likely be sold in the $10 million range and three homes that purport to fall under the Los Gatos Below Market Price Housing Program, placing more than 97,000 feet of residential square footage on the hillside. Notice of this Town Council Special Meeting to consider this project went out on July 31, and as of this writing, the Staff Report is still not posted to the Town website. It is important that Los Gatos residents are aware of what is at risk with the destruction of this hillside.Â
Importantly, the Town has not required an Environmental Impact Report (EIR) to determine the full risks of a development of this scale, despite repeated requests from neighbors and concerned citizens to do so. A full EIR presents the opportunity for study and evaluation—one of which would be alternatives to the project that could protect both the biological resources of the rural hillside and the neighborhood below. The standard for conducting an EIR is intentionally low. If there is a “fair argument,” supported by substantial evidence, that the project may have a significant environmental impact, then the Town is required to prepare a full EIR. We know that there will be significant environmental impacts. They have been identified by neighbors, by the Santa Clara Valley Bird Alliance, the Sierra Club and the Bay Area Water Quality Board. Below are some of the impacts that are of primary concern.
The developer is proposing to remove 223 of the protected trees in violation of the Los Gatos Tree Protection Ordinance, destroying habitat for protected species, creating potential additional risks of landslide, mudslide, and drainage issues. Due to the tree removal, grading, and construction, multiple protected species will be harmed or displaced, including the California red-legged fog, white-tailed kite, golden eagle, purple martin, pallid bat, Townsend’s big-eared bat, San Francisco dusky-footed woodrat, American badger and burrowing owl. One of the proposed homes will be constructed on top of the ephemeral stream, impacting 122 feet of the stream.Â
Although the site is located in a county Geologic Hazard Zone, with risks of landslide, liquefaction and potentially compression soils and fault rupture hazard areas, the applicant requests multiple cut, fill, and grading exceptions. A final erosion and sediment control plan has yet to be prepared in conjunction with the project. There is, therefore, currently no plan to protect neighboring properties from the potential risks to health and safety associated with the excessive grading, cut, fill, and construction on steep slopes in a Geologic Hazard Zone.
There are already drainage and flooding issues in Surrey Farms. The project proposes various bioretention areas, including one large one to be located directly adjacent to Hillbrook School, and multiple neighboring homes. The efficacy of these is unknown, while they introduce new health and safety risks.
According to the SCCFD, the project is in a Very High Fire Hazard Severity Zone. Ingress/egress, evacuation routes, and increased risk of fire associated with development are key issues.Â
This development will radically affect the landscape, the environment, the biological resources, and the surrounding neighborhoods. Because the Town has failed to conduct an EIR, we believe we are not even aware of the potential impacts this development will have. Because much of the mitigation is speculative, future-oriented, and to-be-determined, we have no security that the health and safety of our neighborhood and its residents will not be affected. We urge our fellow Los Gatos residents to speak up and ask the Town Council to conduct a full EIR, so we can understand the complete scope of environmental harm posed by this development.
