Staff Report - Story Pole Time Extension FINAL
PREPARED BY: JOEL PAULSON
Community Development Director
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Reviewed by: Assistant Town Manager Town Attorney Finance
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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