Staff Report N40 and Attachments 7-9
PREPARED BY: JOEL PAULSON
Community Development Director
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Reviewed by: Assistant Town Manager Town Attorney Finance
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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
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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