2024-017 - Amending the Height Pole & Netting Policy for Additions & New Construction (Story Pole)RESOLUTION 2024-017
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
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Resolution 2024-017 April 16, 2024
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 2 of 3
Resolution 2024-017 April 16, 2024
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 16th day of April, 2024, by the following vote:
COUNCIL MEMBERS
AYES: Maria Ristow, Rob Rennie, Rob Moore
NAYS: Matthew Hudes, Mayor Mary Badame
ABSENT: None
ABSTAIN: None
SIGNED:
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M HE TOWN OF LOS GATOS
LO OS, CALIFORNIA
DATE: Oghkk "2-
ATTEST:
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TOWN dlkRK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 3 of 3
Resolution 2024-017 April 16, 2024
EXHIBIT 1
Height Pole, Flagging, Netting, and Signage Policy
For Additions and New Construction
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 (CECA).
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:
Resolution 2024-017 April 16, 2024
• 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 ILG 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
Resolution 2024-017 April 16, 2024
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
Resolution 2024-017 April 16, 2024
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.
etting to be 2-feet
ide, or if flag rope is
ced, there shall be
ro feet between
ws.
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)
Resolution 2024-017 April 16, 2024
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 ILF) 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.
Resolution 2024-017 April 16, 2024
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 (S') 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.
Resolution 2024-017 April 16, 2024
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.
Resolution 2024-017 April 16, 2024
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 16, 2024 (Resolution 2024-017)
Resolution 2024-017 April 16, 2024