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cos ca��g COUNCIL AGENDA REPORT
DATE: NOVEMBER 1, 2012
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 11/5/12
ITEM NO: 10
SUBJECT: PROPERTY LOCATION: 90 -160 ALBRIGHT WAY AND 14600
WINCHESTER 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. APN'S: 424 -31 -053, 054, 063, 424 -32 -038,
045, 049, 054, 059, 060, AND 063.
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 Town Council reviewed the Town's Height Pole and Netting Policy ( "Story Pole Policy ") at
the June 4, 2012, Council meeting. The Town Council provided a wide variety of comments
regarding the existing Story Pole Policy.
The Council continued the matter and directed staff to further evaluate alternatives to the
installation of story poles on properties where poles are infeasible or unsafe, and to develop new
exception procedures.
On September 4, 2012, the Town Council held a Study Session to provide policy direction. The
Study Session report provided: (1) A survey of other jurisdictions' programs and policies similar
PREPARED BY: Todd Capurso, Acting Director of Community Development 6LZ>
Reviewed by: Assistant Town Manager -41— Town Attorney Finance
N:IDEVITC REPORTS12012W IbrightStoryPole.l 1- 5- 12.docx Reformatted: 5/30/02
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 90 -160 Albright Way and 14600 Winchester Boulevard — Story Pole Exception
November 1, 2012
to the Town's Story Pole Policy; (2) Alternatives to address the unique and infrequent times
when typical story pole installation is not feasible; and (3) Recommendations to augment or
enhance the Town's existing Story Pole Policy and procedures. The recommendations addressed
methods to illustrate the proposed building locations and heights and to help alert the community
of pending development applications.
On September 4, 2012, the Council provided additional direction to staff regarding modifications
to the Story Pole Policy subject to further consideration by the Town Council. This matter is still
pending and is anticipated to return to Council in early 2013.
DISCUSSION:
Staff has received a request for an exception to the requirement to install story poles for the
proposed Albright Office Park (Attachment 1) under the existing Story Pole Policy. Attachment
1 contains a thorough explanation of the applicant's justification for why they believe the request
is appropriate. The following summarizes the reasons for the applicant's request:
• Public Safety; and
• Use of the site by existing tenants.
Attachment 1 also contains a thorough explanation of the applicant's proposed alternative to
installing story poles. The following summarizes the applicant's proposed alternative methods:
• Photosimulations;
• Mechanical lifts with story pole netting (Monday through Friday, from 7:30 AM to 10:00
AM; and 4:00 PM to 6:00 PM, in the locations illustrated on Exhibit 2 of Attachment 1);
• On site signage with photosimulation and site plan; and
• Ad in the local newspaper detailing hours of mechanical lift operations.
CONCLUSION:
The current Story Pole Policy does not require the Town Council to determine whether a story
pole exception should be granted; however, given the discussion and direction provided on
September 4, 2012, staff determined that it would be appropriate to bring this request to the
Council for consideration.
Staff believes that the applicant's request is appropriate due to both the public safety challenges
associated with installing story poles and the current occupancy and operations of many of the
existing buildings.
Staff recommends the proposed alternative to story poles to fulfill the two primary purposes of
story poles: to illustrate proposed building locations and heights and to alert the community of
development applications that are scheduled for consideration at a public hearing. Staff
understands that concerns were raised regarding the use of cranes; however, staff believes that
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 90 -160 Albright Way and 14600 Winchester Boulevard — Story Pole Exception
November 1, 2012
the proposed use of cranes will provide an additional visual depiction of the proposed project
that will be helpful to members of the public and the decision making bodies.
Staff requests that the Council consider the requested exception to the Story Pole Policy and
determine whether or not it is appropriate.
ENVIRONMENTAL ANALYSIS:
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.
FISCAL ANALYSIS:
Action on the proposed request will not result in a fiscal impact.
Attachment:
1. Exception Request from the applicant
Distribution:
cc: John Shenk, 700 Emerson Street, Palo Alto, CA 94301
David A. Kingery, 4 Orinda Way, Suite 170D, Orinda, CA 94563
TC:JP:ct
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John R. Shenk
jshenk @me.com 1408-242-9052
October 30, 2012
RECEIVED
Mr. Greg Larson
Town Manager
Town of Los Gatos TOWN OF LOS GATOS
110 East Main Street PLANNING DIVISION
Los Gatos, CA 95031
Re: Albright Way — Height Pole and Netting Alternative Request
90, 100, 101, 120, 121, 131, 141, 151, and 160 Albright Way and 14600
Winchester Boulevard
Dear Mr. Larson:
On behalf of Los Gatos Business Park LLC, we hereby propose an alternative to address the
Town's Height Pole and Netting Policy related to our pending entitlement applications for the
property listed above and commonly referred to as the Albright Property.
In accordance with the Height Pole and Netting Requirements for Additions and New
Construction (adopted 07/22/1998; revised 09/2002), we are proposing an on -site
demonstration of the actual elevations of the proposed structures along with other specific
measures because we have found that using height poles (story poles) is not possible due to
public safety concerns and conflicts with the existing uses.
Summary of the Project
The project site is bounded on the north by State Route 85, with offices and residential
development immediately north of this freeway. The Vasona Light Rail station is proposed for
a site also located immediately north of the freeway. The Santa Clara Valley Water District
has jurisdiction over the Los Gatos Creek and the Los Gatos Creek Trail, which adjoin the
project site on its eastern boundary. The Charter Oaks neighborhood adjoins the
southwestern corner of the project site. The headquarter offices of the Santa Clara County
Fire Department are adjacent to the south side of the 14600 Winchester Boulevard building.
Union Pacific railroad property and tracks are located along the northern portion of the
western property boundary between the project site and Winchester Boulevard. West of
Winchester Boulevard and 100 to 150 feet from the subject property are the Courtside Club
facilities, residences on Smith Ranch Court, and vacant parcels adjoining the southbound off -
ramp from State Route 85 to Winchester Boulevard.
Albright Way is a loop road providing the principal access to each parcel and each existing
building. The property is developed with eight one -story and two two -story office /research
and development buildings along with associated driveways, parking areas, and landscaping
totaling ±251,000 square feet of low- density office /research and development uses
distributed across the entire 21.5 acre site as shown on Exhibit 1. A number of the existing
ATTACHMENT 1
Albright Way— Height Poles
October 30, 2012
Page 2
buildings are currently occupied and have daily vehicular and pedestrian movements
between buildings and on the existing street network Prospective commercial tenants and
real estate brokers tour vacant buildings on a regular basis. Members of the public also walk
on Albright Way.
►ustification for an Exception to the StoEy Pole Requirement
The entitlement applications propose to build four four -story buildings at a maximum height
of sixty-five feet and a parking structure at a maximum height of thirty-five feet, excluding
elevator and mechanical penthouses, cupolas, wireless telecommunication antennas, solar
panels, and similar structures and necessary mechanical appurtenances. The proposal
creates a more compact development than exists to enable the creation of beautiful green
spaces, which are needed to attract major companies that desire a campus environment. Very
generous setbacks and the preservation of existing, mature trees along the property's
perimeter have been proposed to visually screen the new buildings.
To accurately represent the proposed building heights and locations by erecting standard
story poles, the wooden story pole structure would need to be built on top of existing,
occupied buildings, pedestrian pathways, drive aisles and public streets. Exhibit 2 shows
the proposed building locations in blue superimposed over the existing condition site plan.
As you can see, the location of the new buildings conflicts with existing circulation, parking,
and structures.
As discussed below, we believe that the construction of story poles for the proposed project
at this occupied site raises unique and serious concerns about public safety and existing
tenants' right to use the site.
Public Safety
After a thorough evaluation of the locations where story poles would need to be constructed
on -site, we met with Dirk Mattern, Deputy Chief, Santa Clara County Fire Department, and
Scott Seaman, Chief of Police, Los Gatos -Monte Sereno Police Department, to seek their advice
and input on the construction of story poles.
Both of these individuals independently reviewed our story pole plan (Exhibit 2), and
determined the following:
1. The erection of a wooden structure over 35 feet over any existing structure, occupied
or unoccupied, creates a safety hazard.
2. No structure should be installed on or adjacent to an existing structure that impedes
emergency access to or around the existing structure.
3. No structure should be installed over an existing public street, private drive aisle or
pathway that could prohibit the free movement of emergency vehicles on the site.
Albright Way— Height Poles
October 30, 2012
Page 3
4. The installation of story poles on the site, given the type and size of the proposed
project and site, would knowingly create an "attractive nuisance' and safety hazard.
We agree with the fire district and the police department that the installation of story poles
would create a known public safety hazard. This concerns us.
Use of the Site by Existing Tenants
Tenants in existing buildings have rights to the property that preclude us from erecting story
poles on "their" property. Even if agreements with existing tenants did not prohibit us from
erecting story poles, story poles located where these would need to be conflict with tenants'
use of the property. For example, the poles would prevent employees, visitors, and delivery
trucks from accessing the site. The poles also would block numerous parking spaces, which
may cause some employees or visitors, such as vendors, to be unable to park near the
building. This may be especially burdensome on those using handicap stalls and related paths
of travel.
Proposed Alternative
We understand that the goal of the Height Pole and Netting Policy is to provide the deciding
body, neighbors, and the community with a visual tool to evaluate the proposed project.
We are proposing a three -part alternative to demonstrate the proposed building locations
and heights that meets the goal of the Height Pole and Netting Policy in a safe and accurate
way, and in a manner that will not impede the ongoing operations of existing businesses
located on site.
Photo Simulation
The project architect has developed photo simulations in accordance with the guidelines and
requirements of the Town's photo simulation consultant William Kanemoto & Associates for
the project's Environmental Impact Report These photo simulations also have been
submitted to the Town as part of the Architectural and Site (A &S) application for the project
entitlements.
Photo simulations are the most common way many communities evaluate proposed projects,
especially projects that are more than two stories. Photosimulations provide an accurate way
to assess how proposed development would appear from various view corridors.
Lifts and Netting
Additionally, we propose the use of six (6) mechanical lifts (cherry pickers) to demonstrate
the physical height on site. Each lift will hold up a 20 feet beam on which we will attach
story pole netting. We propose that the location of each lift and beam (shown on Exhibit 2)
correspond to a location on the prepared photo simulations where the proposed buildings
would be visible from public view corridors. We have placed particular emphasis on
Albright Way— Height Poles
October 30, 2012
Page 4
locating lifts at locations visible from Winchester (shown on Exhibit 3). Our civil engineer
will confirm that the location of each lift correctly corresponds to the plans.
Because there are conflicts with the existing uses on site, we propose that the
demonstration locations also be determined in coordination with the Town's Department
of Public Works, Community Development, Police, and the Fire District. This will ensure
that the locations of the lifts accurately demonstrate the height of the proposed project
Without creating an attractive nuisance or safety hazard.
Since the lifts will be extended up 65 feet and holding a 20' beam and require an operator
be present while in use, we also propose setting specific timeframes for them to be
elevated. We propose to operate the lifts from 7:30 am to 10:00 am and 4:00 pm to 6:00
pm Monday- Friday for the two weeks prior to our Planning Commission hearing and prior
to the Town Council Hearing. This provides the opportunity for the community to see the
physical demonstration of height, while ensuring the safety of the employees and visitors
who will be on the property.
On -site Signage
In September 2011, Town staff recommended that large -scale developments install one or
more project identification signs on the property. At that time, we agreed with the
recommendation and installed three large project identification signs along both the
Winchester Boulevard and the Creek Trail property lines.
As part of our current applications, we propose to keep the existing sign locations. We will
update the information to reflect our current project entitlement proposal, contact
information as well as include a new photo simulation showing the four -story office building
with new architecture. We also will include the A &S application site plan.
In addition, we will place an ad in the Los Gatos Weekly Times announcing the demonstration
of the height on -site along with the hours and days of the week. This Will help to more
broadly inform the community about the project before the Town Planning Commission
schedules it for public hearing and consideration.
Conclusion
We believe that we have provided ample justification for an exception to the Height Pole and
Netting Policy given the unique and extraordinary circumstances related to our site and
application, as well as a comprehensive plan for alternative demonstrations of building
heights and locations.
Albright Way— Height Poles
October 30, 2012
Page 5
We look forward to working with the Town to ensure the community's understanding of
our proposed project. If you have any questions or would like additional information,
please contact me directly at (408) 242 -9052 or by email at jshenk @me.com.
Respectfully,
�2 SA�
John R. Shenk
Owner's Representative &Applicant
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EXHIBIT 1
Existing Site Plan
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EXHIBIT 2
Existing Site with an Overlay of the Proposed Building Locations in Color and the Proposed
Locations for the Demonstrations of Height
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EXHIBIT 3
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EXHIBIT #
Photo Simulations Marked with the Proposed Locations for the Demonstrations of Height
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