Loading...
Staff Report N40 and Attachments 7-9 PREPARED BY: JOEL PAULSON Community Development Director _______________________________________________________________________________________ Reviewed by: Assistant Town Manager Town Attorney Finance _________________________________________________________________________ https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/9397/StoryPoleException__Staff_Rpt__V2.docx 4/15/2016 5:02 PM MM MEETING DATE: 04/19/16 ITEM NO: 6 COUNCIL AGENDA REPORT DATE: APRIL 15, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: PROPERTY LOCATION: NORTH FORTY SPECIFIC PLAN AREA: PHASE 1 CONSIDER A REQUEST TO MODIFY A PREVIOUS APPROVAL OF AN EXCEPTION TO THE STORY POLE POLICY 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 request to modify a previous approval of an exception to the Story Pole Policy for the Phase 1 North Forty development proposal. BACKGROUND: The Town’s Story Pole Policy (Policy) was updated by the Town Council in 2013. This update added requirements for proposed development projects (e.g., Architecture and Site applications) that require story pole installation including: a story pole plan, additional on-site signage, and certification of the story poles for height and location by a licensed surveyor or civil engineer. In addition, the update created a process for projects to request exceptions from the Policy for consideration by the Town Council. The Town’s Story Pole Policy provides for exceptions to the Policy where the poles would: (1) cause a threat to public health and safety; or (2) 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. The North Forty Phase 1 development application is subject to the Policy. The Town Council approved an exception on February 16, 2016 and began its consideration of a request to modify the originally approved exception on April 5, 2016. A staff report, addendum, and desk item were prepared and posted to the Town website for the April 5, 2016 Council meeting. The PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN AREA PHASE 1 – STORY POLE EXCEPTION MODIFICATION APRIL 15, 2016 BACKGROUND CONTINUED: applicant provided a revised modification proposal at the meeting (Attachment 7). Following public testimony and consideration of the requested modification, the Council continued the matter to April 19, 2016. The Council gave the following direction to staff and the applicant:  For staff to come back with the reasons for each exception requested;  For the applicant to incorporate Council’s input; and  For staff and the applicant to conduct outreach with the existing tenants and business owners to determine impacts. The applicant has submitted another revised story pole plan (Attachment 9) that provides for more poles and netting than discussed at the April 5, 2016 Council meeting. The revised story pole plan still requires a modification to the previously approved exception to the Story Pole Policy. DISCUSSION: Pages 1 and 2 of Attachment 9 show the applicant’s intent to install more poles and netting or flags on Saturday, April 16, 2016. The new poles and netting/flag rope are intended to address the Council’s comments regarding a visual depiction of the proposed buildings along Los Gatos Boulevard. The applicant has informed staff that, if feasible, additional netting or poles may be installed beyond those displayed in Attachment 9 while maintaining safe use of and access to the existing residents and businesses. Specifically, the applicant is requesting an exception to use flag rope between some poles and have other poles with only flags on top of them instead of the traditional 24-inch orange netting. Staff visited the site to examine the potential conflicts between the proposed pole locations and existing buildings, driveways, and parking areas for the existing tenants and businesses. The revised proposal allows more poles to be installed than would be possible with traditional mesh because the traditional mesh requires additional guy wires that would impede safe access to occupied buildings with residents or businesses. The applicant has informed staff that he has spoken with each of the tenants within these conflict areas to better understand their concerns and the impact to the safe use and access of their residences and businesses. Staff walked the areas where the proposed modifications are requested and spoke to two of the residential tenants (15111 Los Gatos Boulevard) regarding the story poles. Staff learned that the tenants were concerned about the impact of the poles and flags because of the noise and hazards they create around their residences. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN AREA PHASE 1 – STORY POLE EXCEPTION MODIFICATION APRIL 15, 2016 DISCUSSION CONTINUED: Staff also explored the possibility of adding more poles to conform to the original story pole exception and requested the applicant to consider temporary relocation of existing tenants to facilitate story pole installation. The specific areas of conflict are discussed below:  14975 Los Gatos Boulevard (page 4 of Attachment 9): This site has a driveway that requires a vehicle to be able to turn around on-site to exit onto Los Gatos Boulevard. Limiting this area would require the resident to back out onto Los Gatos Boulevard, the slope and existing screening in this area would increase the risk of this maneuver in this location. The poles were originally proposed to be installed throughout this driveway and vehicle access area. While the interior poles would not be installed, the applicant is proposing to install four poles that display the front of the proposed building, three poles along the rear of the proposed building, and one center pole to provide the location and height of the ridge of the proposed building. The applicant is proposing to use flag rope for this building rather than the traditional netting due to the span between the poles.  Storage Yard for Bartlett Tree Experts (page 4 of Attachment 9): Bartlett has agreed to store three of their large maintenance vehicles within the adjacent storage yard to provide additional room within their storage yard to facilitate additional pole installation (yellow dots shown on page 4 of attachment 9). Three of the four poles within this conflict area that cannot be installed are in direct conflict with the access to the storage yard. The fourth pole would require guy wires that would also block that access as well as a significant area of the storage yard (38-foot impact radius).  15133 and 15111 Los Gatos Boulevard (page 5 of Attachment 9): The applicant is proposing to provide all except four of the originally proposed poles within this conflict area. Both of these residences have driveways that require a vehicle to be able to turn around on-site to exit onto Los Gatos Boulevard. Restricting the existing vehicle maneuvering areas would require residents and visitors to back out onto Los Gatos Boulevard. Two of the poles that cannot be installed would directly conflict with the existing driveway and vehicle access for 15111 Los Gatos Boulevard. The two remaining poles that are not proposed to be installed are located within the terraced backyard of 15111 Los Gatos Boulevard and would impede safe access to the tenant’s detached office. Another issue that Council must decide is that the Story Pole Policy requires that story poles remain in place throughout the public hearing process. The Council previously approved an exception to this requirement, requiring the story poles to be in place for 60 days from the date the public hearing notices are issued for the Planning Commission meeting. The majority of the poles were installed prior to March 18, 2016 when the notices were issued for the March 30, PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN AREA PHASE 1 – STORY POLE EXCEPTION MODIFICATION APRIL 15, 2016 DISCUSSION CONTINUED: 2016 Planning Commission meeting. However, as discussed above, the applicant has not completed the poles required by the previously approved exception and therefore is requesting a modification to the timeframe exception as well. The applicant is requesting that the poles installed within the conflict points shown in Attachment 9 have a further limited timeframe of ten days due to the additional burden and inconvenience for the existing tenants and businesses. Bartlett Tree Experts submitted a letter (included in Attachment 8) requesting that the poles installed in and around their facility be limited to one week due to the impact of the poles on their use of the site. Staff has considered the impacts to the businesses and due to the intensity of use in this area, staff recommends limiting the installation to 10 days for the poles that impede the use of and safe access to the storage yard. However staff believes safe use and access to the residential properties can be maintained with the modification proposal. Staff has requested an exhibit from the applicant to clearly reflect which poles would remain after the 10 days. This will be provided to the Council as an Addendum or a Desk Item prior to the meeting. In addition, staff recommends that the applicant take photographs of views of the story poles and provide them to the staff for posting on the North Forty website. For the remainder of the site, staff recommends that the previous exception granted which required the 60-day installation be enforced and that the 60 days commence from either:  The decision of the Town Council approving the modification (as installed), or  Completion of the story poles as directed by the Town Council. The applicant is required to maintain all poles and netting/ropes in good condition throughout the time period, and staff has informed the applicant of existing maintenance needs for the netting near Highway 17. CONCLUSION AND NEXT STEPS: Based on the revised proposal, site visits, outreach to tenants, and an evaluation of the conflict points on the site, staff recommends approval of the requested story pole exception modification as discussed above. ALTERNATIVES: Alternatively, the Town Council may:  Deny the requested story pole exception modification and require the applicant to implement the previously approved exception; or PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN AREA PHASE 1 – STORY POLE EXCEPTION MODIFICATION APRIL 15, 2016 ALTERNATIVES CONTINUED:  Approve the story pole exception modification with additional requirements; or  Continue the matter to a date certain with direction. ENVIRONMENTAL ANALYSIS: Action on the requested modification 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. Attachments previously received with April 5, 2016 Staff Report: 1. Approved Story Pole Exception 2. Story Poles Not Installed 3. Letter from the applicant with the story pole exception modification request Attachment previously received with April 5, 2016 Addendum Report: 4. Public Comments received by 11:00 a.m., Monday, April 4, 2016 Attachments previously received with April 5, 2016 Desk Item Report: 5. Public Comments received between 11:01 a.m., Monday, April 4, 2016, and 11:00 a.m. Tuesday, April 5, 2016 6. Story Pole conflict points, received April 5, 2016 (five pages) Attachments received with this Report: 7. Exhibits provided by applicant at April 5, 2016 Town Council Meeting 8. Public Comments received between 11:01 a.m., Tuesday, April 5, 2016, and 11:00 a.m. Thursday, April 14, 2016 9. Letter from the applicant with updated story pole modification information, received April 13, 2016 (five pages) 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 April 13, 2016 Mr. Joel Paulson Community Development Director Town of Los Gatos 110 E. Main St. Los Gatos, California 95031 RE: Request to Amend Approved Story Pole Plan – Architectural and Site Plan Application S-13-090 Dear Mr. Paulson: We have successfully installed 507 poles and, as an augmentation to the Story Pole Plan, constructed a full scale model which has been displayed at Town Hall since late February. As discussed at the April 5 hearing we had difficulty, however, completing the Story Pole Plan in three distinct areas due to conflict with existing residential units or operating businesses. Two of these areas are along Los Gatos Boulevard and would demonstrate the low height of our proposed buildings compared to buildings already allowed to be constructed. Town Council asked us to re-evaluate our proposed amendment to the Story Pole Plan and if we are not able to implement the entire approved plan, provide a rationale for why those poles/areas should be exempted. Since then, we have had additional conversations with impacted tenants to see what remaining options are available with the goal of constructing as many of the remaining poles and netting as possible. These tenants have specific rights under their leases and we are contractually bound not to impede the utilization of their leasehold. Nonetheless, the impacted tenants are voluntarily working with us by either agreeing to a temporary relocation or other lease concessions to mitigate any limitations to their enjoyment of their premises. Some are allowing us access to roofs or other structures that we can construct poles onto to minimize impact of the guy wires. With this last round of accommodations, we will be able to implement the majority of the remaining poles. Our revised proposed Story Pole Plan is attached as Exhibit A. The poles shown in gray were either installed or were exempt in the original plan. The only areas that are being requested to be reconsidered are shown in color. If netting or flag is not shown connecting poles, a singular flag at the top of the pole will be installed. This allows us to mark height of a building but alleviates tenants of the impact of guy wires which are required to stabilize poles that have lines of netting or flags due to resulting wind load. As noted on April 5, poles with netting require 3 to 6 guy wires creating an impact zone equivalent to the height of the pole plus approximately 3 feet. For example, a 35-foot pole will have an impact zone with a 38-foot radius. In addition to the modified Story Pole Plan, we are also requesting that the time the poles are erected in these heavily impacted zones be limited to 10-days from the time they are constructed. With this modified plan, an additional 45 poles will be installed for a total of 552 or 97.5 percent of those originally proposed. Only 14 poles would not have been constructed. We will attempt to 1588\03\1658075.1 construct some of the remaining poles or mesh while in the field this weekend and will report the outcome at the hearing on April 19. Those areas that we will not be able to construct poles in or the netting are generally driveways, maintenance yards, or areas needed for circulation and they would be impacted by guy wires. We illustrate these conflicts in Exhibit B. We believe we have met the intent of the Town’s story pole policy and have augmented our offering with a full scale model that has been on display at Town Hall. With the addition of these remaining poles, especially the ones that depict the height of our proposed buildings on Los Gatos Boulevard, stakeholders should have a very good understanding of the scale of our proposed project. Sincerely, A. Don Capobres Linda Mandolini Wendi Baker Principal President Vice President of Development Harmonie Park Development Eden Housing SummerHill Homes Representing Grosvenor Attachments: Exhibit A Updated Story Pole Plan Exhibit B Exception Rationale