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Staff Report - Story Pole Time Extension FINAL PREPARED BY: JOEL PAULSON Community Development Director _______________________________________________________________________________________ Reviewed by: Assistant Town Manager Town Attorney Finance _________________________________________________________________________ S:\COUNCIL REPORTS\2016\06-29-16\Staff Report - Story Pole Time Extension FINAL.docx MEETING DATE: 06/29/16 ITEM NO: 1 COUNCIL AGENDA REPORT DATE: JUNE 27, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: CONSIDER A TIME EXTENSION FOR STORY POLES FOR THE PHASE 1 NORTH FORTY DEVELOPMENT APPLICATIONS. APNS: 424-07-024 THROUGH 027, 031 THROUGH 037, 070, 083 THROUGH 086, 090, AND 100. RECOMMENDATION: Consider a time extension for story poles for the Phase 1 North Forty development applications. REMARKS: On February 16, 2016, the Town Council approved an exception to the Town’s Story Pole Policy for the pending development applications in the North Forty Area. Specifically, the exception allows and requires the applicant to:  Provide an alternative to standard story pole installation to illustrate and provide notice of the proposed project including six additional buildings in the interior of the site;  Install flag ropes for the 40-foot building, double roped with flags spaced as close together as possible and as large as possible for visibility to make them as visible as netting;  Keep story poles up for 60 days, as closely sandwiched around the Planning Commission meeting;  Maintain the poles and associated materials in good condition throughout the installation; PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 STORY POLE TIME EXTENSION JUNE 27, 2016  Provide a scale model to be available for public viewing for the entire process, with flexibility as to the location of the model; and  Install appropriate signage and photographs which include the information that there is a scale model available. On April 5 and 19, 2016, the Council considered an additional request by the applicant to further modify the previously granted story pole exception. Following public testimony and consideration, the Council denied the additional story pole exception. The motion directed staff to convene a joint study session with Town Council, Planning Commission, and affected school districts (the study session occurred on June 15, 2016). After the Council’s decision, the applicant completed the story pole installation pursuant to the initial exception on May 2, 2016. The 60-day period ends on July 2, 2016. The Planning Commission is scheduled to resume its public hearing on the North Forty development applications on July 12, 2016. Extensive photographs have been taken of the poles and once received by the Town, they will be posted to the North Forty website: www.losgatosca.gov/N40SP. The scale model is on exhibit in the Los Gatos Library and is intended to remain publicly accessible through the public hearings on the North Forty development applications. The Council should be aware that under the doctrine of vested rights, if a property owner has received a permit from a public agency to do something, and then incurs substantial costs in reliance of that permit, then the property owner has the right to rely on that permit. CONCLUSION: The placement of this item on the agenda provides an opportunity for the Council to discuss the possibility of extending the time period for the story pole installation in light of existing uses on the site, public testimony, and other considerations. ENVIRONMENTAL ANALYSIS: Action on the requested time extension 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. Distribution: Grosvenor Americas, Don Capobres, 1 California Street, Suite 2500, San Francisco, CA 94111 Summerhill Homes, Wendi Baker, 3000 Executive Parkway, Suite 450, San Ramon, CA 94583