Attachment 2 - Draft Resolution with Exhibit 1
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Draft Resolution Date
DRAFT RESOLUTION RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS AMENDING HEIGHT POLE AND NETTING POLICY FOR
ADDITIONS AND NEW CONSTRUCTION
WHEREAS, the Town's Height Pole and Netting Policy for Additions and New
Construction was adopted by the Planning Commission in July of 1998 requiring two-foot wide
orange netting for all new buildings and second story additions and a requirement for posting
of a small sign (2 feet by 2 feet) indicating the public hearing date and approving body was
added in September 2002;
WHEREAS, a comprehensive review of the policy was conducted in 2012. On August 5,
2013, Town Council approved an updated policy, and minor additions relating to tree
protection were made in 2017 to create the current policy;
WHEREAS, the use of story poles and project identification signs installed on the sites of
an active development application has been found to be extremely helpful and important
during the course of the Town’s review of those applications by demonstrating the planned
rooflines and heights and also provides a visual notice to the community of a forthcoming land
use public hearing;
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Planning Commission for public hearings on April 26, 2023, and May 24,
2023;
WHEREAS, on April 26, 2023, and May 24, 2023, the Planning Commission held a public
hearing to consider modifications to the Height Pole and Netting Policy for Additions and New
Construction. The Planning Commission received and considered public comments, reviewed
the document, and provided input to staff on recommended modifications;
WHEREAS, on May 24, 2023, the Planning Commission recommended that the Town
Council make specific recommended modifications to the Height Pole and Netting Policy for
Additions and New Construction; and
ATTACHMENT 2
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Draft Resolution Date
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on August 1, 2023.
NOW, THEREFORE, THE TOWN COUNCIL FINDS AND RESOLVES:
1. The revised Height Pole and Netting Policy for Additions and New Construction is
consistent with the Town’s General Plan.
2. The revision of the Height Pole and Netting Policy for Additions and New
Construction is exempt from CEQA in that it can be seen with certainty that there
will not be an impact to the physical environment. [CEQA Guidelines Section
15061(b)(3).]
3. The revised Height Pole and Netting Policy for Additions and New Construction
attached hereto as Exhibit 1 is adopted.
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Draft Resolution Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 1st day of August, 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
Draft Resolution Date
EXHIBIT 1
Height Pole, Netting, and Signage Policy For Additions and New Construction
I. Purpose:
It is a policy of the Town of Los Gatos Town Council to have story poles and project
identification signs installed on the sites of an active development application. The
placement of story poles is extremely helpful and important during the course of Town’s
review of applications for new development. Proper and accurate placement of story
poles demonstrates the planned rooflines and heights and provides some indication of
the potential massing of the proposed structure. Story poles enhance understanding of
the project for Town residents, staff, advisory bodies, and decision making bodies. Story
poles also provide a visual notice to the community of a forthcoming land use public
hearing.
Project identification signs present both written and graphical information that will
further communicate the proposed project to the community as well as provide the public
hearing dates for the development application.
This policy is for the benefit of the Town and community and is not intended to create a
requirement under the California Environmental Quality Act (CEQA).
II. Height Poles and Netting:
Height story poles and netting shall be used for the following types of Community
Development Department, Planning Division, land use applications:
For residential projects:
• If proposed project is a two-story house or second story addition where the adjacent
properties on the same side of the street both contain only single-story houses.
• If proposed project includes a variance or exception to the physical characteristics of
the primary structure.
For non-residential projects:
• New primary structures that exceed 50,000 square feet.
• Non-residential additions exceeding 100 square feet.
• If proposed project includes a variance or exception to the physical characteristics of
the primary structure.
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For properties in the Historic Resource Inventory:
• New residential (excluding single-story accessory structures) and non-residential
buildings.
• Residential second story additions.
• Non-residential additions exceeding 100 square feet.
For properties in the Hillside Area as defined in the Hillside Development Standards &
Guidelines:
• New primary structures.
• New second story additions.
Exemptions:
• Affordable housing projects.
• Projects in the Hillside Area that are not visible from a viewing platform or the public
right-of-way.
The terms height poles and story poles are used interchangeably.
A. Procedure:
When it is determined that story poles are required, the applicant’s engineer,
architect, or building designer may, but is not required to, prepare a “Story Pole Plan”
to indicate the locations where the poles will be installed. If submitted, the Story Pole
Plan shall be approved by the project planner prior to the placement of the poles on
the site. Once the placement of the story poles is complete, the applicant shall inform
the project planner and submit photographs showing installation.
The height poles and netting shall be installed prior to the neighborhood notification
process and shall remain in place until 30 days after the first public hearing on the
project. If the project is substantially modified, staff may direct removal or
modification of the story poles.
B. Timing
Public notices will not be mailed and/or application(s) shall not be advertised until the
height poles and netting have been installed and photographs have been submitted
to the project planner, as required in Section II.A.
C. Location and Number:
The number of story poles may vary with each specific project. At the discretion of
the project planner, story pole locations shall adequately demonstrate the height,
mass, and bulk of the project requiring review. At a minimum, story poles shall be
Draft Resolution Date
placed at all outside building corners of the building wall (excluding eaves) and along
the rooflines of the proposed structure(s) or addition. Architectural elements such as
towers, spires, elevator and mechanical penthouses, cupolas, mechanical equipment
screening and similar elements not used for human activity or storage which are
visible from the streetscape shall be represented by the story poles. For multi-
building developments, story poles shall only be required for the tallest structures and
those along the perimeter of the site.
While guy wires may sometimes be attached to existing fencing or similar onsite
structures, pursuant to Section 29.10.1005 of the Tree Protection Ordinance, the
attachment of wires, signs, or ropes to any protected tree is prohibited. Trees may
not be "flagged" or used as a substitute for the erection of story poles.
After the placement of the story poles on-site, the applicant shall provide the project
planner with photographs of the story poles taken from a variety of vantage points.
The vantage point from where the photograph was taken shall be indicated on each
photograph.
A licensed surveyor or civil engineer shall submit written verification that the height
and position of the poles and netting accurately represents the height and location of
the proposed structure(s) or addition.
D. Materials:
The material of the story poles shall be indicated on the Story Pole Plan. Story poles
shall be constructed of 2"x4" lumber, metal poles, or other sturdy building material
acceptable to the project planner. Telephone poles; mechanical equipment, such as
cranes; or other materials may be acceptable for higher structures if the Community
Development Director determines that the material will adequately portray the
height, bulk, and mass of the proposed structure(s) or addition and withstand the
wind and weather. At least two foot (2') wide orange woven plastic snow fencing
(netting) must be erected to represent the rooflines of the proposed structure(s) or
addition. For projects over 35-feet in height, flag rope may be allowed instead of
netting. Netting/flag rope must be supported by height poles that are strong enough
to accurately maintain the outlines and height of the structure(s). One of the height
poles on each elevation must be clearly marked and labeled in five foot (5') increments
measured from existing or finished grade, whichever creates a higher profile.
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E. Public Safety:
All story poles shall be placed, braced, and supported to ensure the health, safety, and
general welfare of the public. Applicants shall sign an agreement that holds the Town
harmless for any liability associated with the construction of, or damage caused by
the story poles. If at any time, the Town determines the story poles to be unsafe, they
shall be repaired and reset immediately by the project applicant or, at the Town's
discretion, removed. Depending on the scope of the poles, the applicant may be
requested to verify with the Building Division of the Community Development
Department that no permits and/or inspections are required for the poles.
F. Exceptions:
In the event there are justifiable reasons why story poles cannot be accommodated
for all structures proposed to be constructed on the project site, the applicant shall
submit a letter to the Community Development Director no later than 45 days prior
to the required installation date, clearly articulating the reasons why an exception to
the Story Pole requirement is warranted. Requests for an exception and alternative
plan will only be considered if the applicant can clearly demonstrate to the Town, and
the Town agrees, that the installation of the story poles would: (1) cause a threat to
public health and safety or (2) would impair the use of existing structure(s) or the site
to the extent it would not be able to be occupied and the business or residential use
would be infeasible. Some form of poles and netting and/or on-site physical
representation of the project will be required, even if an exception is granted.
Draft Resolution Date
Planned Development applications with multiple detached commercial structures
and/or residential units may request to erect story poles on the locations where the
key structures will be placed. The Community Development Director will take into
account the density of the development when considering an exception request. The
story poles shall be installed on all corner structures and the structures with the
greatest height and mass. An exception to providing story poles for all structures in a
Planned Development application with multiple commercial structures and/or
residential units shall follow the same procedures as outlined below.
The Community Development Director will review all justifiable requests for an
exception to the Story Pole requirement within 14 days of receipt of the request.
If an exception is approved, the applicant will be required to demonstrate the
proposed structure height and mass using alternative means as outlined in Section
II.G.
G. Alternatives: If an exception is granted to the Story Pole requirements, the applicant
shall provide digital imagery simulations, computer modeling, built to-scale models or
other visual techniques in-lieu of the Story Pole requirements. Simulations may either
be prepared by the applicant for technical review by the Town's consultant or the
applicant may elect to have the Town's consultant prepare the materials. In either
case, the applicant shall be responsible for all technical review(s), materials and cost
of the Town’s evaluation and/or preparation process. To ensure accuracy, visual
simulations shall comply with the following standards:
• Establishing accuracy of the visual simulation: The applicant shall demonstrate
that the dimension and scale of the visual simulation and project setting are
equivalent. This is accomplished by examining screen views of the model in plan
and elevation views for accurate scaling. The visual simulation must also include
reference objects corresponding to known objects in the simulated scene, such as
buildings, curbs, utility poles, trees, or any other reference points visible in the
simulated scene, whose location is known from surveys or, at a minimum aerial
imagery. There shall be a minimum of two reference objects outside of the project
in different parts of the photo frame.
• Establishing the equivalence of the virtual and actual camera focal setting:
The camera lens focal setting or angle of view for each simulation base photo shall
be stated. The camera model shall be provided since the angle of the focal view
varies with different cameras. The preparer of the photo simulations shall provide
the manufacturer specifications indicating the 35 mm film SLF lens
correspondence, or other means to calculate the angle of view.
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• Depict the accurate location of the photo and establish the correspondence of the
virtual camera with the visual simulation: The photo location shall be indicated
accurately on a map or aerial photo, and the correspondence within the visual
simulation should be demonstrated. Simulated views should not employ cropping,
or if they must, the original, uncropped rendered image shall be provided. Once
the images are cropped, it is impossible to validate their accuracy.
• Other Information: The Town's consultant may require other information to
assess the accuracy of the visual simulation.
H. Removal:
Once a final action has been taken and the appeal period is over, the height poles and
netting shall be removed at the applicant’s expense within 30 days. If not removed,
the height poles and netting will be considered rubbish and will be in violation of
Section 11.10.020 of the Town Code and the matter will be forwarded to Code
Compliance for enforcement action.
III. Project Identification Signs:
All development applications that include public notification shall also provide project
identification signs on the development site consistent with the following requirements.
A. Timing:
Public notices will not be mailed and/or application(s) shall not be advertised until
project identification sign(s) have been installed. The applicant shall submit a signed
declaration confirming that the project identification sign(s) were installed. The
applicant shall also submit a photo showing the on-site sign(s) installed on the subject
property prior to the distribution of the public notices.
B. Size:
• New Residential Structures: One, 2'x2' sign placed on the street frontage. The top
of the sign shall be five feet (5’) from existing grade and visible from the main
street frontage. The sign shall indicate the scheduled public hearing date and the
availability of plans for review at the Community Development Department.
• Commercial/Industrial Remodels or New Construction: One 4'x8' sign on each of
the property frontages that are visible to surrounding public right of ways,
including pedestrian trails such as the Los Gatos Creek Trail. The top of the signs
shall be six feet (6') from existing grade. The Community Development Director
may require additional signs for development sites that have large frontages.
Draft Resolution Date
• Downtown (C-2 Zone) Remodels or New Commercial Development: One 2' by 3'
vertical sign constructed of metal frame with water resistant plastic or laminated
face. In cases where it is infeasible to install a free-standing sign, the posting of a
durable, all weather sign on or inside the window of a building is permitted,
provided the sign is visible from public locations outside the building. Requests
for an exception to the free-standing sign requirements shall be made to the
Community Development Department in writing no less than 30 days prior to the
public hearing for the project.
C. Number and Placement of Signs:
With one exception, on-site signs shall be placed on each street frontage of the site.
The exception is for permits related to an individual new single family dwelling. In this
case, only one sign on the street frontage is required. The signs shall be oriented
towards the street, within one foot (1') of the front property line or two feet (2') of
the back of the sidewalk.
D. Materials:
Signs shall be constructed of durable materials, such as foam core or plywood, and
shall be laminated during the rainy season (October through April). The sign colors
shall be a white background with black printing, and color graphics (excluding single
family, which may have black and white graphics). As noted under Section III.B., signs
in the Downtown C-2 Zone shall be constructed of higher grade materials, including a
metal frame and a plastic or laminated poster board face.
E. Sign Content:
Up to 75% of the overall sign area must be used to provide a general description of
the project; including number of residential units or commercial buildings and square
footage; a color perspective drawing, three-dimensional image or photographic
simulation and the name and contact information of the project applicant. Single
family remodel projects are not required to provide a rendering on the sign. The
public notice portion of the sign message must constitute 25 percent of the overall
sign area and notify the community of the public hearing date and time and contain
the following message “For more information about this project, please contact the
Town of Los Gatos Planning Division at 110 E. Main Street, Los Gatos, (408) 354-6872.
Plans can be reviewed on the Town’s website at: www.losgatosca.gov/2216/Pending-
Planning-Projects.” The project address, application number, and a QR code shall be
included on the notice sign.
Draft Resolution Date
F. Duration of Sign Posting:
Project identification signs shall be placed on site consistent with the timing of
installation of the story poles (See Section II.B.) and shall be removed within 30 days
of the final actions (See Section II.H.).
G. Maintenance:
The applicant is responsible for replacement of any missing, damaged or vandalized
signs within five days of request by the Town. The Town may cease processing of the
application if the signs are not replaced and/or maintained.
IV. Definitions:
Height: As defined by the Zoning Ordinance, height is determined by the plumb vertical
distance from the natural or finished grade, whichever is lower and creates a lower
profile, to the uppermost point of the roof edge, wall, parapet, mansard, or other point
directly above that grade. For portions of a structure located directly above a cellar (refer
to Section 29.10.020 of the Zoning Ordinance for definition of cellar), the height
measurement for that portion of the structure shall be measured as the plumb vertical
distance from the existing natural grade to the uppermost point of the structure directly
over that point in the existing natural grade.
Roofline or edge: The contour or shape of a roof.
This policy was adopted by Town Council on August 1, 2023 (Resolution 2023-___)
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