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18 Staff Report.Story Pole Policy Modifications with attachments PREPARED BY: Jennifer Armer, AICP Planning Manager Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Department Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 04/16/2024 DATE: April 11, 2024 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Adopt a Resolution, Based on Planning Commission Recommendations, Modifying the Height Pole and Netting Policy for Additions and New Construction. The Proposed Modifications to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos. RECOMMENDATION: Adopt a Resolution (Attachment 14), based on Planning Commission recommendations, modifying the Height Pole and Netting Policy for Additions and New Construction. BACKGROUND: On August 1, 2023, Town Council provided direction on modifications to the Town’s Height Pole and Netting Policy for Additions and New Construction (Story Pole Policy) based on the Planning Commission recommendations made in spring 2023. On December 5, 2023, Town Council reviewed the revised policy based on the August 1, 2023 direction, and provided direction to make the following additional modifications: • Not require story poles for projects over 55 feet in height, but to provide requirements for signage and visual renderings; • Require visual renderings prepared by a Town consultant, paid for through a deposit from applicant; • Allow as an option to provide visual renderings and signage instead of story poles for multi- family and mixed-use projects with a residential component; PAGE 2 OF 3 SUBJECT: Story Pole Policy Modifications DATE: April 11, 2024 BACKGROUND (continued): • Modify the timeframe for story pole removal to be 60 days after the first public hearing or once final action has been taken and the appeal period is over; • Include a QR code, email contact, and website link on signage, and require signage within 30 days of initial staff technical review of the project; and • Retain the existing exception process. DISCUSSION: Attachment 13 is a revised Draft Story Pole Policy showing in track changes all modifications approved by Town Council on August 1, 2023, and December 5, 2023. In addition, staff has added specific requirements for signage for projects that involve only a Conditional Use Permit, as the revised Policy would now require signage for those Permits. The Draft Resolution (Attachment 14) also includes language to allow projects that are already under review to choose to use this updated Policy. The goal of this language is to reduce governmental constraints on the development of housing. PUBLIC COMMENT: Public comment received since the discussion of this item on December 5, 2023 is included as Attachment 15. CONCLUSION: Staff recommends that the Town Council adopt a resolution to adopt the revised Story Pole Policy document (Attachment 14 with Exhibit 1), with findings that the project is not subject to the California Environmental Quality Act [Section 15061(b)(3)] and is consistent with the General Plan; and include any specific changes agreed upon by the majority of the Town Council. ALTERNATIVES: Alternatively, the Town Council may: 1. Continue this item to a date certain with specific direction to staff; 2. Refer this item back to the Planning Commission with specific direction; or 3. Take no action, leaving the Policy unchanged. PAGE 3 OF 3 SUBJECT: Story Pole Policy Modifications DATE: April 11, 2024 ATTACHMENTS: Previously received with the August 1, 2023 Staff Report: 1. Draft Revised Story Pole Policy with Changes Red-Lined 2. Draft Resolution with Exhibit 1 3. April 26, 2023 Planning Commission Staff Report with Exhibits 1-2 4. April 26, 2023 Planning Commission Addendum Report with Exhibit 3 5. April 26, 2023 Planning Commission Verbatim Minutes 6. May 24, 2023 Planning Commission Staff Report with Exhibit 4 7. May 24, 2023 Planning Commission Addendum Report with Exhibit 5 8. May 24, 2023 Planning Commission Desk Item Report with Exhibits 6 9. May 24, 2023 Planning Commission Verbatim Minutes Previously received with the August 1, 2023 Desk Item: 10. Public Comment received between 11:01 a.m., Monday, July 31, 2023, and 11:00 a.m., Tuesday, August 1, 2023 Previously received with the December 5, 2023 Staff Report: 11. Revised Draft Story Pole Policy with Changes Red-Lined 12. Revised Draft Resolution with Exhibit 1 Received with this Staff Report: 13. Revised Draft Story Pole Policy with Changes Red-Lined 14. Revised Draft Resolution with Exhibit 1 15. Public Comment This Page Intentionally Left Blank 1 Height Pole, Flagging,and 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/Flagging: Height story poles and netting/flagging shall be used for the following types of Community Development Department, Planning Division, land use applications: For single-family and two-family 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 characteristicsdevelopment standards for of the primary structure. For non-residential projects: • New primary structures that exceed 50,000 square feet. • Non-residential additions exceeding 100 square feet20 percent of the existing building floor area. • If proposed project includes a variance or exception to the physical characteristicsdevelopment standards for of the primary structure. For properties in the Historic Resource Inventory: • New residential (excluding single-story accessory structures) and non-residential buildings. ATTACHMENT 13 2 • Residential second story additions. • Non-residential additions exceeding 100 square feet. For properties in the Hillside Area as defined in the Hillside Development Standards and Guidelines: • New primary structures. • New second story additions. Exemptions/Alternatives (per Section II.G below): • Affordable housing projects where 30 percent of the housing units are deed restricted to be Below Market Price, or 20 percent are deed restricted to be Low or Very Low Income shall comply with alternative/video rendering requirements in place of story poles. • Buildings over 55 feet in height shall comply with alternative/video rendering requirements in place of story poles. • Multi-family and mixed-use projects that include residential may choose to comply with alternative/video rendering in place of story poles. 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, be required to prepare a “Story Pole Plan” to indicate the locations where the poles will be installed. If submitted, tThe Story Pole Plan shall be approved by the project planner prior to the placement of the poles on the site. Once approved, the applicant shall inform the project planner when the placement of the story poles is complete, the applicant shall inform the project planner and submit photographs showing installation. The story poles shall be installed consistent with the following requirements: Residential: The height poles and netting/flagging shall be installed prior to the neighborhood notification process and shall remain in place until 60 days after the first public hearing on the project, or end of final appeal period, whichever is firstthe project has been acted upon and the appeal period has ended. If the project is appealed, the height poles and netting shall remain until final action is taken. If final consideration of the project is substantially delayed or the project is substantially modified, staff may direct removal or modification of the story poles. Projects that Require Planning Commission or Town Council Action: The height poles and netting shall be installed prior to the public noticing of the matter and shall be kept in place until the project has been acted upon and the appeal period has ended. If the project is appealed, the height poles and netting shall remain until 3 final action is taken. If final consideration of the project is substantially delayed or 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 a Story Pole Plan has been approved by the project planner, the height poles and netting/flagging 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, sStory pole locations shall 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(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, pPursuant 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/flagging 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 4 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. Either a double row of orange flag rope/flagging, orAt 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. If flagging is chosen, the two rows shall be placed with one located two feet below the other. If netting is used, it shall be at least two foot (2’) wide. For projects over 35-feet in height, flag rope may be allowed instead of netting. Netting/flagging 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, and consistent with the approved Story Pole Plan on file at the Community Development Department. E. Story Pole Plan and Public Safety: All story poles shall be placed, braced, and supported to ensure the health, safety, and general welfare of the public. The Story Pole Plan shall include the methods used to secure the poles. 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. 5 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/flagging and/or on-site physical representation of the project will be required, even if an exception is granted. 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 deciding body 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 Town Manager will review all justifiable requests for an exception to the Story Pole requirement within 14 days of receipt of the request and shall place the matter on the next available Town Council agenda for consideration by the Council. Written notice of the exception request shall be mailed to property owners and residents of properties within 300 feet of the project site. All requested and approved exceptions shall be posted on the Town's Web site under “What’s New,” in agenda posting locations at Town Hall and the Library, and in the online development activity report when established. 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.GH. G. Alternatives/Visual Renderings: If an alternative is allowed (Section II) or an exception is granted (Section II.F) to the Story Pole requirements, the applicant shall provide digital imagery simulations, computer modeling, built to-scale models or other visual techniques shall be required in-lieu of the Story Pole requirements. Simulations may eithershall 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, theThe applicant shall be responsible for all technical 6 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. • 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: Story poles and netting/flagging may be removed 60 days after the first public hearing on the project or once a final action has been taken and the appeal period is over. Once a final action has been taken and the appeal period is over, the height poles and netting/flagging shall be removed at the applicant’s expense within 30 days. If not removed, the height poles and netting/flagging 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: 7 All development applications that must comply with the story pole and netting requirementsinclude public notification shall also provide project identification signs on the development site consistent with the following requirements. A. Timing: Project identification signs shall be installed within 30 days of the first staff review. Public notices will not be mailed and/or application(s) shall not be advertised until project identification sign(s) have been installed. The location of the project identification sign(s) shall be shown on the Story Pole Plan. 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 Single-Family or Duplex Residential StructuresProjects: 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. • Multi-Family, Mixed-Use, Commercial/Industrial Remodels or New ConstructionProjects: 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. • Conditional Use Permit (CUP) Only Projects: One 2' by 3' vertical sign on or inside the window of a building, provided the sign is visible from public locations outside the building. • 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: 8 With one two exceptions, on-site signs shall be placed on each street frontage of the site. The first exception is for permits related to an individual new single family dwelling, where. 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. The second exception is for projects that involve only a Conditional Use Permit for use of an existing building, where only one sign located at the business frontage is required. 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) if posted outdoors. 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 percent% 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. Signage designs that are visually striking are encouraged. Single family remodel projects are not required to provide a rendering on the sign. Projects that do not include review of exterior changes to an existing building are not required to provide drawing or building image. 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, and application number, applicant email contact information, and a QR code shall be included on the notice sign. F. Duration of Sign Posting: Project identification signs shall be placed on site within 30 days of the first staff review of the proposed project 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: 9 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 April 2, 2024August 5, 2013 (Resolution 202413- ___032) This Page Intentionally Left Blank Page 1 of 3 Draft Resolution Date DRAFT RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE 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, the 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 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 public hearings 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 14 Page 2 of 3 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; December 5, 2023; and April 2, 2024. 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 and shall apply to development projects currently under review by the Town. Page 3 of 3 Draft Resolution Date PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the ______ day of ________, 2024, 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, Flagging, 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/Flagging: Height story poles and netting/flagging shall be used for the following types of Community Development Department, Planning Division, land use applications: For single-family and two-family 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 development standards for the primary structure. For non-residential projects: • New primary structures. • Non-residential additions exceeding 20 percent of the existing building floor area. • If proposed project includes a variance or exception to the physical development standards for the primary structure. For properties in the Historic Resource Inventory: Draft Resolution Date • 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 and Guidelines: • New primary structures. • New second story additions. Exemptions/Alternatives (per Section II.G below): • Affordable housing projects where 30 percent of the housing units are deed restricted to be Below Market Price, or 20 percent are deed restricted to be Low or Very Low Income shall comply with alternative/video rendering requirements in place of story poles. • Buildings over 55 feet in height shall comply with alternative/video rendering requirements in place of story poles. • Multi-family and mixed-use projects that include residential may choose to comply with alternative/video rendering in place of story poles. 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/flagging shall be installed prior to the neighborhood notification process and shall remain in place until 60 days after the first public hearing on the project, or end of final appeal period, whichever is first. If the project is substantially modified, staff may direct removal or modification of the story poles. B. Timing Draft Resolution Date Public notices will not be mailed and/or application(s) shall not be advertised until the height poles and netting/flagging 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. Story pole locations shall 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(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/flagging 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. Either a double row of orange flag rope/flagging, or orange woven plastic snow fencing (netting) must be erected to represent the rooflines of the proposed structure(s) or addition. If flagging is chosen, the two rows shall be placed with one located two feet below the other. If netting is used, it shall be at least two foot (2’) wide. Netting/flagging must be supported by height poles that Draft Resolution Date 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. 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) Draft Resolution Date 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/flagging and/or on-site physical representation of the project will be required, even if an exception is granted. 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 deciding body 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 Town Manager will review all justifiable requests for an exception to the Story Pole requirement within 14 days of receipt of the request and shall place the matter on the next available Town Council agenda for consideration by the Council. Written notice of the exception request shall be mailed to property owners and residents of properties within 300 feet of the project site. All requested and approved exceptions shall be posted on the Town's Web site under “What’s New,” in agenda posting locations at Town Hall and the Library, and in the online development activity report when established. 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/Visual Renderings: If an alternative is allowed (Section II) or an exception is granted (Section II.F) to the Story Pole requirements, digital imagery simulations, computer modeling, built to-scale models or other visual techniques shall be required in-lieu of the Story Pole requirements. Simulations shall be prepared by the Town's consultant. The applicant shall be responsible for all technical review(s), materials, and cost of the Town’s evaluation and/or preparation process. H. Removal: Story poles and netting/flagging may be removed 60 days after the first public hearing on the project or once a final action has been taken and the appeal period is over. Once a final action has been taken and the appeal period is over, the height poles and netting/flagging shall be removed at the applicant’s expense within 30 days. If not removed, the height poles and netting/flagging 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. Draft Resolution Date 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: Project identification signs shall be installed within 30 days of the first staff review. 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 photo showing the on-site sign(s) installed on the subject property prior to the distribution of the public notices. B. Size: • Single-Family or Duplex Residential Projects: 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. • Multi-Family, Mixed-Use, Commercial/Industrial Projects: 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. • Conditional Use Permit (CUP) Only Projects: One 2' by 3' vertical sign on or inside the window of a building, provided the sign is visible from public locations outside the building. • 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. Draft Resolution Date C. Number and Placement of Signs: With two exceptions, on-site signs shall be placed on each street frontage of the site. The first exception is for permits related to an individual new single family dwelling, where, 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. The second exception is for projects that involve only a Conditional Use Permit for use of an existing building, where only one sign located at the business frontage is required. 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) if posted outdoors. 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 percent 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. Signage designs that are visually striking are encouraged. Single family remodel projects are not required to provide a rendering on the sign. Projects that do not include review of exterior changes to an existing building are not required to provide drawing or building image. 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, applicant email contact information, and a QR code shall be included on the notice sign. F. Duration of Sign Posting: Project identification signs shall be placed on site within 30 days of the first staff review of the proposed project and shall be removed within 30 days of the final action. Draft Resolution Date 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 April 2, 2024 (Resolution 2024-___) This Page Intentionally Left Blank Direct No.: 415.655.8114 ephillips@bwslaw.com Los Angeles – Inland Empire – Marin County – Oakland – Orange County – Palm Desert – San Diego – San Francisco – Silicon Valley – Ventura County 1 California Street - Suite 3050 San Francisco, California 94111-5432 voice 415.655.8100 - fax 415.655.8099 www.bwslaw.com March 29, 2024 Mayor Mary Badame and Los Gatos Town Council Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Re: April 2 Agenda Consent Item 16: Height Pole and Netting Policy Dear Honorable Mayor and Council Members: Our firm represents Grosvenor USA Limited (“Grosvenor”) in connection with housing and land use matters for development of the North Forty Specific Plan Area in the Town of Los Gatos (the “Town”). Since our last correspondence to you on this issue, Grosvenor has advanced beyond the preliminary application stage and has submitted its formal development application to the Town for a housing development project on the North Forty Phase II site that is consistent with the density and unit count allocated to the site in the Town’s 2023-2031 Housing Element. While Grosvenor’s application remains pending, we have continued to monitor the Town’s progress towards implementing Housing Element Program AW (Story Poles and Netting Policy). We previously commented on the Housing Element to identify the Town’s current policy regarding height pole and netting requirements (collectively, the “Story Pole Policy”) as a constraint on development generally and a particular constraint for the review and approval of Grosvenor’s proposed housing development project. In its December 1, 2023 letter to the Town, the California Department of Housing and Community Development (“HCD”) directed the Town to strengthen Program AW to modify the Story Pole Policy in order to eliminate this constraint on housing production. On March 18, 2024, the Town submitted a revised 2023-2031 Housing Element to HCD that incorporated revisions to Program AW. In its latest submittal, the Town committed to update the Story Pole Policy by March of 2024 to exempt affordable housing projects and to give all multifamily housing applicants the “option to provide visuals, video rendering, or other visual methods in place of story poles for all multi- family and mixed-use projects” An item related to the Story Pole Policy was agendized for March 19; however, the Town Council continued the item to April 2. Based on the ATTACHMENT 15 Los Gatos Town Council March 29, 2024 Page 2 April 2 agenda, the Town Council intends to continue the item again, meaning the earliest it would act on the Story Pole Policy would be April 16. We urge you to avoid continued delay and take up the Story Pole Policy on April 16. Moreover, we respectfully request that the revised Story Pole Policy expressly apply to Grosvenor’s housing development application, consistent with the commitment the Town has made in the revised Housing Element Program AW to allow all multi- family and mixed-use projects to use alternative visualizations to story poles. As we have written previously, amending the Story Pole Policy as applied to Grosvenor’s housing development application is an important step towards helping the Town achieve its housing production goals. The Town has already committed to these revisions in its latest Housing Element submitted to HCD, and we encourage the Town Council to follow through and implement the identified revisions in a timely manner. Thank you for your prompt attention and action. The Grosvenor team looks forward to continuing its work with the Town to deliver much needed housing during the planning period. Sincerely, Eric S. Phillips cc: Gabrielle Whelan, Los Gatos Town Attorney Steve Buster, Senior Vice President, Grosvenor Whitney Christopoulos, Senior Development Manager, Grosvenor Don Capobres, Principal, Harmonie Park Development Paul McDougall, HCD Senior Program Manager Jose Armando Juaregui, HCD Housing Policy Analyst