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Staff Report PREPARED BY: JOCELYN SHOOPMAN Associate Planner Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 01/16/2018 ITEM NO: 17 DATE: JANUARY 10, 2018 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: PROPERTY LOCATION: 16212 LOS GATOS BOULEVARD CONSIDER A REQUEST FOR APPROVAL OF AN EXCEPTION TO THE STORY POLE POLICY TO ALLOW AN ALTERNATIVE TO STANDARD STORY POLE INSTALLATION TO ILLUSTRATE AND PROVIDE NOTICE OF THE PROPOSED PROJECT. APNS 523-06-010 AND 011. RECOMMENDATION: Consider a request for approval of an exception to the Story Pole Policy to allow an alternative to standard story pole installation to illustrate and provide notice of the proposed project. BACKGROUND: Historically, story poles have been used for two purposes. The primary purpose is to help illustrate proposed building locations and heights for pending development applications. Additionally, the story poles help alert the community of development applications that are scheduled for consideration at a public hearing. The existing Story Pole Policy was approved by the Town Council on August 5, 2013 (Attachment 1). The existing Policy specifies the conditions and process for a possible story pole exception. Specifically, the Policy identifies that the applicant must clearly demonstrate to the Town that the installation of story poles would: (a) cause a threat to public health and safety; or (b) impair the use of existing structures or the site to the extent it would not be able to be occupied and the business or residential use would be infeasible. The Policy requires the Town Manager to determine if at least one of two criteria is met before the Council can consider requests for exceptions to the story pole installation requirements. PAGE 2 OF 3 SUBJECT: 16212 LOS GATOS BOULEVARD/PD-17-002 JANUARY 10, 2018 S:\COUNCIL REPORTS\2018\01-16-18\17 - 16212 LG Blvd. Story Pole Exception\Staff Report FINAL.docx 1/11/2018 2:23 PM BACKGROUND (Continued): The Council is the deciding body for story pole exceptions. The public hearing for the request is noticed to the properties within 300 feet of the proposed development site and information is required to be posted under “What’s New” on the Town’s website. On December 1, 2015, the Town Council granted a story pole exception for the subject property for a previously proposed residential project. The Council required that the story poles be installed for 10 days coinciding with a school break, either Winter break or Spring break, whichever is closest to the Planning Commission hearing, photographs be taken and posted to the Town website for public reference, and widespread notice be given to the public. DISCUSSION: The subject site is located at the northeast corner of Los Gatos Boulevard an d Shannon Road and is currently occupied by Artisan Wine Depot, which was approved with a Conditional Use Permit in 2013. Additionally, the excess parking onsite is leased as overflow parking to Yoga Source, a tenant that occupies the building at 16185 Los Gatos Boulevard. A Planned Development (PD) application has been filed by Scott Plautz to re -zone the property from Commercial Highway (CH) to CH:PD with the intention of constructing a new two-story commercial building and retaining the existing one-story commercial building. The General Plan land use designation is Mixed Use Commercial. Mr. Plautz has submitted a request for an exception from the Story Pole Policy requirements to install the story poles for a maximum of 10 days based on public safety and the use of the site by existing tenants (see Attachment 2). Attachment 3 contains the proposed site plan and story pole plan for the new commercial building. In the Town Manager’s review of the request, only one of the criteria for an exception was met in that the installation of story poles would impair the use of the existing building and the parking lot by the lessees given the extent of the development proposal. The applicant has proposed to install the story poles January 24, 2018 and remove the story poles February 3, 2018 to restore the site to full operations for the existing tenant. Pursuant to the Policy, the proposed exception was posted on the Town’s website under “What’s New” and public hearing notices were sent t o properties within 300 feet of the subject site. CONCLUSION: Staff recommends approval of the proposed exception to install the story poles for a maximum of 10 days with the request that the story poles be installed during the week of the President’s PAGE 3 OF 3 SUBJECT: 16212 LOS GATOS BOULEVARD/PD-17-002 JANUARY 10, 2018 S:\COUNCIL REPORTS\2018\01-16-18\17 - 16212 LG Blvd. Story Pole Exception\Staff Report FINAL.docx 1/11/2018 2:23 PM CONCLUSION (Continued): Day holiday (February 19, 2018) based on the upcoming school break for the Los Gatos Union School District and the length of time between the requested dates for story pole installation relative to a Planning Commission hearing, which has not been scheduled given technical analysis that still needs to be completed. If the Council is inclined to grant the story pole exception, staff recommends that the Town Council limit the approval to this specific site layout and require any modification to return for a new story pole exception. ALTERNATIVES: 1. Continue the matter to a date certain with specific direction; or 2. Approve the applicant’s request; or 3. Deny the request. COORDINATION: The Community Development Department coordinated with the Town Manager’s Office in the review of the applications. ENVIRONMENTAL ASSESSMENT: Action on the requested exception 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: 1. Story Pole Policy 2. Exception Request from the Applicant, received January 9, 2018 (two pages) 3. Proposed Story Pole Plan, received January 9, 2018 (five sheets) 4. Public Comments received by 11:00 a.m., Thursday, January 11, 2018 Distribution: Scott Plautz, 17066 Melody Lane, Los Gatos CA 95033 Eugene Sakai, 1000 S. Winchester Blvd, San Jose, CA 95128