Staff Report.15860 Winchester Story Pole Exception
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/04/2023 ITEM NO: 7
DATE: March 30, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider a Request for an Exception to the Story Pole Policy to Allow an
Alternative to Standard Story Pole Installation to Illustrate and Provide
Notice of the Proposed Project on Property Zoned O. Located at 15860-
15894 Winchester Boulevard and 17484 Shelburne Way. APN 529-11-013,
-038, -039, and -040. Applicant/Property Owner: Green Valley Corp. d.b.a.
Swenson. Project Planner: Jennifer Armer.
RECOMMENDATION:
Consider a request for an exception to the Story Pole Policy to allow an alternative to standard
story pole installation to illustrate and provide notice of the proposed project on property
zoned O located at 15860-15894 Winchester Boulevard and 17484 Shelburne Way.
BACKGROUND:
Historically, story poles have been used for two purposes. The primary purpose is to help
illustrate proposed building locations and heights for pending development applications.
Additionally, the story poles help alert the community of development applications that are
scheduled for consideration at a public hearing.
The existing Story Pole Policy was approved by the Town Council on August 5, 2013
(Attachment 1). The existing Policy specifies the conditions and process for a possible story
pole exception. Specifically, the Policy identifies that the applicant must clearly demonstrate to
the Town that the installation of story poles would: (a) cause a threat to public health and
safety; or (b) impair the use of existing structures or the site to the extent it would not be able
to be occupied and the business or residential use would be infeasible.
PAGE 2 OF 4 SUBJECT: 15860 Winchester/Revised Story Pole Exception Request DATE: March 30, 2023
BACKGROUND (continued):
The Policy requires story pole locations adequately demonstrate the height, mass, and bulk of
the project requiring review. At a minimum, story poles shall be placed at all outside building
corners of the building wall (excluding eaves) and along the rooflines of the proposed structure.
The Policy requires that at least two (2) foot wide orange woven plastic snow fencing
(netting) be erected to represent the rooflines of the proposed structure. Netting must be
supported by height poles that are strong enough to accurately maintain the outlines and
height of the structure(s).
The Policy requires the Town Manager to determine if at least one of two criteria is met before
the Council can consider requests for exceptions to the story pole installation requirements.
The Council is the deciding body for story pole exceptions.
On October 6, 2022, the Town received a story pole exception request for a project proposed at
15860-15894 Winchester Boulevard and 17484 Shelburne Way and the Town Manager
determined that it could be scheduled for consideration by Town Council.
On November 1, 2022, the Town Council considered and approved the exception request with
the condition that in place of the standard netting the applicant would install two rows of flags.
Following approval, the applicant has attempted to install the additional flags, but has been
unable to do so because of the weather and has submitted a revised request, described below.
DISCUSSION:
The subject site is the combination of four parcels forming an approximately 1.31-acre site at
the intersection of Winchester Boulevard and Shelburne Way. The site is currently developed
with three single-family residences; a single-family residential structure which is currently
occupied by a commercial construction business; and multiple detached accessory structures
for a total of nine structures on the site. The existing zoning is Office (O), and the General Plan
land use designation is Office Professional.
An application has been filed by Jessie Bristow of Swenson Builders requesting approval for
demolition of four residential buildings and associated detached structures, construction of an
assisted living and memory care facility, lot merger of the existing parcels, variance from the
maximum height and lot coverage for the zone, and removal of large protected trees. This
application includes Architecture and Site Application S-21-008, Conditional Use Permit U-21-
101, Subdivision Application M-22-008, and Variance Application V-21-003. Full project plans
PAGE 3 OF 4 SUBJECT: 15860 Winchester/Revised Story Pole Exception Request DATE: March 30, 2023
DISCUSSION (continued):
are available online on the Town’s Pending Planning Projects page
(https://www.losgatosca.gov/2393/W).
Staff review of the application, including preparation of an Initial Study and Mitigated Negative
Declaration, have been completed and the project applicant has installed the story poles
(Attachment 3). Because the story poles were installed with a single row of orange flags
instead of the standard orange netting, the applicant was advised that an exception request
reviewed by Town Council, would be required.
The applicant submitted an initial request for an exception from the Story Pole Policy
requirements to avoid unsafe conditions created by heavy netting on tall story poles by utilizing
rope flags connecting the story poles, in lieu of netting, which was approved by Town Council
on November 1, 2022, with a condition that a second row of flags be added.
The applicant has attempted to have the additional row of flags installed and has been unable
to do so because of the weather and associated safety concerns (as described in Attachment 2).
Therefore, the applicant has submitted a revised request for an exception from the Story Pole
Policy requirements to avoid unsafe conditions created by recent and continued storm activity.
The applicant proposes to provide a virtual 3D model video and additional project signage, in
lieu of additional flags, as described in Attachment 2.
PUBLIC COMMENTS:
Pursuant to the Policy, notice of the Town Council hearing was sent to property owners and
tenants within 300 feet of the subject property. Notice was also published in the Los Gatos
Weekly on Friday, March 31, 2023, posted under “What’s New” on the Town’s website, and
posted on the Town’s social media platforms.
CONCLUSION:
Staff recommends that the Town Council consider the proposed exception to allow the installed
story poles with single row of rope flags (Attachment 3), a virtual 3D model video, and
additional project signage (Attachment 2), in lieu of a second row of flags.
If the Town Council determines that the revised story pole exception request is appropriate,
staff recommends that the Town Council limit the approval to the proposed story pole
exception request and plan in Attachments 2 and 3. A request to modify the proposed story
pole plan would be required to return to the Town Council for consideration of a new story pole
exception.
PAGE 4 OF 4 SUBJECT: 15860 Winchester/Revised Story Pole Exception Request DATE: March 30, 2023
CONCLUSION (continued):
Staff intends to bring a draft updated Story Pole Policy to the Planning Commission for its
recommendation regarding appropriate story pole configurations for taller buildings. After the
Planning Commission concludes its deliberations, the Town Council will consider the draft Policy
update and the Commission’s recommendations.
ALTERNATIVES:
1. Continue the request to a date certain with specific direction; or
2. Approve the request with modified requirements; or
3. Deny the request.
COORDINATION:
The Community Development Department coordinated with the Town Manager’s Office in the
review of the requested story pole exception.
ENVIRONMENTAL REVIEW:
Action on the requested story pole exception does not constitute a “project” as defined by
section 15378 of the CEQA Guidelines because it is not an action which has a potential for
resulting in either a direct or reasonably foreseeable indirect physical change in the
environment.
Attachments:
1. Story Pole Policy
2. Exception Request from the Applicant
3. Story Pole Plan