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7�pW N 0 •W, DATE: TO: FROM: SUBJECT COUNCIL AGENDA REPORT March 26, 2013 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER MEETING DATE: 04/01/13 ITEM NO. r, HEIGHT POLE AND NETTING POLICY ADOPTION OF A REVISED HEIGHT POLE AND NETTING POLICY. RECOMMENDATION: Approve the attached resolution (Attachment 1). BACKGROUND: The Town Council reviewed the Town's Height Pole and Netting Policy ( "Story Pole Policy ") at the June 4, 2012, Council meeting. The Council provided direction to further evaluate alternatives to the installation of story poles on properties where poles are infeasible or unsafe; to develop new exception procedures; and continued the matter to a Study Session that occurred on September 4, 2012. Following discussion, at the September 4, 2012, Study Session, the Town Council provided the following input (Attachment 2): 1. The existing policy should be revised to include: a. Procedures for allowing alternative methods to illustrate building height and location in cases where installation of story poles is infeasible or unsafe. b. Standards and specifications for the preparation of photo - simulations and models. c. Standards for project information signs that will be posted on properties where a development project is proposed. 2. The Town Manager will be responsible for reviewing and approving or denying requests for exceptions to the policy. The Town Manager will notify the Council when such a request has been made, and the Managers' decision can be scheduled on the next available Town Council Agenda at the request of the Mayor or two Council members. P�.7i1'7_�Tr 7C i� Todd Capurso, Acting Director of Community Development `Reviewed by: ) Assistant Town Manager Town Attorney Finance N: \DEV \TC REPORTS\2013 \StoryPoles Policy Adoption.4- 1- 11doc Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: Height Pole and Public Notice Policy March 26, 2013 3. The Town will establish an on -line development activity report that will provide project information, status (including any scheduled public hearings), graphic illustrations, staff contact information, etc. 4. The Town will consider design changes to the current public hearing notification cards that are mailed to residents prior to a public hearing. DISCUSSION: A. Story Pole Policy The revised Story Pole policy is Exhibit A to the attached resolution (Attachment 1). The principal changes to the policy include: • Redrafting as a Council policy rather than a Department Policy. • Providing procedures for an exception to the installation of story poles. • Delegating authority for approving /denying an exception to the Town Manager, with the provision that upon request by the Mayor or two Town Council members, the matter will be scheduled for discussion on the next available agenda. • Providing standards for the development of visual simulations (alternatives to the installation of story poles). Greater specificity on the materials, location, number and maintenance of story poles. • Standards for project identification signs, including size, location, materials, content, maintenance and removal. The revised policy incorporates the majority of the Town's existing Community Development Department policy, with the exclusion of delegating authority to the Director to grant exceptions to the installation of story poles. As noted above, the new policy has greater specificity in regards to procedures and standards. Other than the aforementioned principal changes, the only other proposed additions is to allow Planned Development (PD) applications with multiple commercial structures and /or residential units the ability to request to erect story poles only on the locations where the key structures will be placed and all corners of the property rather than every building. This procedure has been the common practice with larger PD applications, such as the former Honda, Swanson Ford, and Thrash House developments. The installation of story poles on all buildings could make the project complicated to visually understand. An exception to providing story poles for all structures in a PD application with multiple commercial structures and /or residential units would follow the exception process outlined for projects where story pole installation would impair the existing use or be unsafe. B. Online Development Activity Report At the September 2012, Study Session, the Town Council also requested that staff research developing a publically accessible online resource that would provide development project PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: Height Pole and Public Notice Policy March 26, 2013 information and scheduling. Staff has reviewed a number of examples and found the best model is the City of Cupertino Development Activity Report. The Development Activity Report is accessed from the Planning Division's main web page and contains both written and graphical information on pending development projects. The web -based resource is categorized into five groups: Mixed Use Projects, Commercial Projects, Residential Projects, Planning Projects and Economic Development and Redevelopment. All pending projects are listed under these categories and provide the following information: • Project name • Location • Developer and Project Team name • Application Summary • Project Data • Project Status • Variety of visual graphics, such as photo simulations, site plans, elevations, etc. Attachment 3 provides current examples of Cupertino's Development Activity Report. The report is very accessible and provides a thorough background on the projects. If the Town were to pursue this format, two recommended additions would be to add the project planner name and contact information, and to provide status on any special requests, such as an exception to the Height Pole and Netting Policy. Staff finds this resource is a very useful and practical communication tool. However, it is another process that would need to be incorporated into the Community Development Department work plan for implementation due to the staff time that would be needed to create the on -line resource, populate the report, and continually maintain the status of the various projects. With Council approval, over time funding will be included in the project budget to develop and establish the new system. C. Public Hearing Notification Cards The final topic that was discussed at the study session was the expressed concern with the Town's public hearing noticing cards. The Council felt that these cards are rather inconspicuous and could easily be missed with all other postal materials. One suggestion to make the card more noticeable was to require the applicant to imprint the card with an illustration of the development project. The Town's standard public notification card is: • 8 -1/2" x 5 -1/2" in size • Ivory or buff color • Black font • Small Town seal in black color on the addressed side of the card • General project description on the back side with hearing dates and times PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: Height Pole and Public Notice Policy March 26, 2013 Staff researched this topic and generally found that most jurisdictions use similar types of cards. None of the jurisdictions add an illustration of the proposed project to the card, presumably due to cost to the applicant, particularly single family applicants, and the lack of space on the standard card sizes. Most jurisdictions use similar cards with comparable information to the Town's, as they are easier to produce than a letter and envelope. Some add color, generally through the jurisdictions' logos or city seals. The City of Walnut Creek adds a map that shows the project site and the properties that are within the noticing radius and the City of San Ramon uses a bright color cardstock for notices. While staff agrees that adding an illustration of the development project would make the notice more prominent, the addition of the graphic would necessitate a larger card or possibly a letter that would need to be inserted into an envelope, which could defeat the original purpose. Moreover, there is significantly more staff time involved with putting letters into envelopes than mass producing the public notice cards. As an interim measure until more time can be devoted to redesigning the public notice cards, staff recommends using a brighter colored cardstock, with a larger and multi- colored Town seal on the front or address portion of the card and "Notice of Public Hearing" in large font. These minor changes to the public noticing cards and the inclusion of the project identification signs and story poles should further alert the community to pending development applications. CONCLUSION: The revised draft Height Pole and Netting Policy addresses the Town Council concerns stated at the September 2012, Study Session. Combined, the story poles, project identification signs, redesigned public notification cards and the web -based Development Activity and Project Report would serve to better inform the community of proposed land use applications. Moreover, the revised policy also standardizes the procedures for exceptions to the policy and provides the Town Council with the ability to further vet a request for an exception to the policy at a public meeting. Therefore, staff recommends the Town Council adopt the resolution, including Exhibit A (Height Pole and Netting Policy for Additions and New Construction). ENVIRONMENTAL ASSESSMENT: This action is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: While there are not any fiscal impacts of implementing the revised policy, there will be staff impacts involved with creating the Development Activity Report web page, populating the initial project information and updating it on a continuing basis. PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: Height Pole and Public Notice Policy March 26, 2013 Attachments: 1, Draft Resolution Implementing the Town Council Height Pole and Netting Policy for Additions and New Construction 2. September 4, 2012, Town Council Study Session Minutes 3. City of Cupertino Development Activity Report Distribution: John Shepardson, Esq., 59 N. Santa Cruz Avenue, Suite Q, Los Gatos, CA 95030 TC:SA:ct N;\DEV \TC REPORTS\2013 \StoryPoles Policy Adoption,4- 1- 13.doc THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION 2013 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING THE REVISED HEIGHT POLE AND NETTING POLICY WHEREAS, the Town Council of the Town of Los Gatos is committed to providing information and opportunities to encourage community members to follow development activity in their neighborhoods and to actively participate in the land use development review process; and WHEREAS, the Town Council finds that the placement of story poles and project identification signs are extremely helpful and important during the course of the Town's review of applications for new development; and WHEREAS, story poles enhance understanding of the project and potential impacts for Town residents, staff, advisory bodies, and the decision making bodies; and WHEREAS, story poles and project identification signs also provide a visual notice to the community of a forthcoming land use public hearing; and WHEREAS, following a study session on proposed revisions to the Height Pole and Netting Policy, the Town Council directed a number of revisions to the policy, including formalizing the process for approving exceptions to the installation of story poles, incorporating standards for visual simulations, and adding the requirement for project identification signs. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos does hereby adopt the revised Height Pole and Netting Policy attached as Exhibit A. ATTACHMENT 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1 st day of April, 2013, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA NADMIZESOMOMStory Pole Policy Resolution.41- 13.doc Exhibit A Height Pole and Netting Policy For Additions and New Construction I. 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 some indication of the potential massing of the proposed structure. Story poles enhance understanding of the project for Town residents, staff, advisory bodies, and the 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 review dates and hearings 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 (CEQA). ii. Height Poles and Netting: Height story poles and netting shall be used for the following types of Community Development Department, Planning Division land use applications: New residential and non - residential buildings. Residential second story additions. Nonresidential additions exceeding 100 square feet. 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 be required to prepare a "Story Pole Plan" to indicate the locations where the poles will be installed. The Story Pole Plan shall be approved by the project planner prior to the placement of the poles on the site. Once approved, the applicant shall inform the project planner when the placement of the story poles is complete and submit photographs showing installation. The story poles shall be installed consistent with the following requirements: EXHIBIT A Of Attachment 1 Residential: The height poles and netting shall be installed prior to the neighborhood notification process and shall remain in place until the project has been acted upon, including any appeals. Projects that Require Planning Commission or Town Council Action: The height poles and netting shall be installed prior to the public noticing of the matter and shall be kept in place until the project has been acted upon and the appeal period has ended. If the project is appealed, the height poles and netting shall remain until the appeal has been acted upon. B. Timing Public notices will not be mailed and /or notification shall not be advertised until a Story Pole Plan has been approved by Town staff, the height poles and netting have been installed, and photographs have been submitted to Town staff, as required in Section II.A. C. Location and Number: The number of story poles may vary with each specific project. At the discretion of the project planner, story pole locations shall adequately demonstrate the projected height, mass, and bulk of the project requiring review. At a minimum, story poles will be placed at all outside building corners and along the prominent roof ridges of the structure(s). 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. 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 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 structure(s) and withstand the wind and weather. At least two feet (2') wide orange woven plastic snow fencing (netting) must be erected to represent the rooflines and project structure /addition height. Netting must be supported by height poles that are strong. enough to accurately maintain the outlines of 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, and consistent with approved Story Pole Plans on file at the Community Development Department. E. Story Pole Plan and Public Safety: All story poles shall be placed, braced and supported to ensure the health, safety and general welfare of the public. The Story Pole Plan shall include the methods used to secure the poles. 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. The Story Pole Plan shall be prepared by a licensed surveyor, civil engineer, architect, or building designer to certify the height and position of the poles accurately represent the height and location ofthe proposed structure(s). F. Exceptions: In the event there are justifiable reasons why the story poles cannot be accommodated 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 not feasible. 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) or the site to the extent it would not be able to be occupied and the business or residential use would be infeasible. Planned Development applications with multi commercial structures and /or residential units may also request to erect story poles on the locations where the key structures will be placed. 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 multi commercial structures and /or residential units shall follow the saine 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. Within 10 days of the Town Manager's decision, the Mayor or two Council members may request that the Town Manager's decision be placed on the next available Town Council agenda for review and to affirm, deny, or modify the Town Manager's decision. If no request from Council is received during this period, the Town Manager's determination will be communicated to the applicant. All approved exceptions will be posted on the Town's Web site under "What's New! ". If an exception is approved, the applicant will be required to demonstrate the proposed structure height and mass alternative means as outlined in Section II.G. 3 G. Alternatives: If an exception is granted to the Story Pole requirements, the applicant shall provide digital imagery simulations, computer modeling or other visual techniques in -lieu of the Story Pole requirements. The simulations may either be prepared by the applicant for technical review by the Town's consultant or the applicant may elect to have the Town's consultant prepare the materials. In either case, the applicant shall be responsible for all technical review(s), materials and cost of the Town's evaluation and /or preparation process. To ensure accuracy, visual simulations shall comply with the following standards: • Establishing accuracy of the visual simulation: The applicant shall demonstrate that the dimension and scale of the visual simulation and project setting are equivalent. This is accomplished by examining screen views of the model in plan and elevation views for accurate scaling. The visual simulation must also include reference objects corresponding to known objects in the simulated scene, such as buildings, curbs, utility poles, trees, or any other reference points visible in the simulated scene, whose location is known from surveys or, at a minimum aerial imagery. There shall be a minimum of two reference objects outside of the project in different parts of the photo frame. • Establishing the equivalence of the virtual and actual camera focal setting: The camera lens focal setting or angle of view for each simulation base photo shall be stated. The camera model shall be provided since the angle of the focal view varies with different cameras. The preparer of the photo simulations shall provide the manufacturer specifications indicating the 35 mm film SLF lens correspondence, or other means to calculate the angle of view. • Depict the accurate location of the photo and establish the correspondence of the virtual camera with the visual simulation: The photo location shall be indicated accurately on a map or aerial, photo, and the correspondence within the visual simulation should be demonstrated. Simulated views should not employ cropping, or if they must, the original; uncropped rendered image shall be provided. Once the images are cropped, it is impossible to validate their accuracy. • Other Information: The Town's consultant may require other information to assess the accuracy of the visual simulation. H. Removal: Once a final action has been taken and the appeal period is over, the height poles and netting shall be removed at the applicant's expense within 30 days. If not removed, the height poles and netting 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. 4 III. Project Identification Signs: All development applications that mus requirements shall also provide project consistent with the following requirements . A. Timing: t comply with the story pole and netting identification signs on the development site Public notices will not be mailed and /or notification shall not be advertised until project identification sign(s) have been installed. The location of the project identification sign(s) shall be shown on the Story Pole Plan. The applicant shall submit a signed declaration confirming that the project identification sign(s) were installed. The applicant shall also 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. Residential Second Story Remodels or New Residential Structures: One, 2'x2' sign placed on the street frontage. The top of the sign shall be five feet (5') from existing grade and visible from adjacent streets. Commercial /Industrial Remodels or New Construction: One 4'x8' sign on each of the property frontages that are visible to surrounding public rights 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. Downtown (C -2 Zone) Remodels or New Commercial Development: One 2' by 3' vertical sign constructed of metal frame with water resistant 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. C. Number and Placement of Signs: With one exception, on -site signs shall be placed on each street frontage of the site. The exception is for permits related to an individual new single family dwelling or second story addition. In this case, only one sign on the street frontage is required. The signs shall be oriented towards the street, within one foot (P) of the front property line or two feet (2') of the back of the sidewalk. 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). 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% 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 or three- dimensional image photographic simulation and the name and contact information of the project applicant. Single family new construction or second story remodel projects are not required to provide a rendering on the sign. 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. The project address and application number shall be included on the notice. F. Duration of Sign Posting: Project identification signs shall be placed on site consistent with the timing on installation of the story poles (See Section II.B.) and shall be removed within 30 days of the final actions (See Section II.H.). 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. N; \DEV \S UZANNE \StoryPotes\HeightPolePol icy- Fina1032211docx M. Council /Agency Meeting 9/17/12 Item #1 MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY/ SUCCESSOR AGENCY MEETING SEPTEMBER 4, 2012 The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, September 4, 2012 at 5;45 P.M. STUDY SESSION CALLED TO ORDER AT 5:45 P.M. Discussion Topics 1. Height Pole and Netting Policy Consideration of modifications to and implementation of the Height Pole and Netting Policy Wendie Rooney, Director of Community Development, presented the staff report. Council Questions - Questioned whether staff contacted any consultant who does this work and who is familiar with unique features of Los Gatos. - Questioned the function of the cranes. - Questioned when signs regarding public hearings would be posted. - Questioned whether Town staff posts notices about incoming applications prior to the time they are placed on an agenda. - Questioned the time requirement to remove story poles. - Questioned how the Town Manager's exception would work. - Questioned whether there could be a menu of acceptable exceptions. - Commented that cranes and balloons do not provide good representations for projects. - Commented that this is an amendment to policy and not a new policy. Ms. Rooney - Commented that staff will contact companies that specialize in this work, and other communities have similar unique features. - Commented that cranes would hold netting to show four corners of a building - Commented that most jurisdictions would not require signs for single family remodeling projects but would for unique larger projects. - Commented that currently there is no notice to residents before an item is placed on an agenda. ATTACHMENT 2 Study Session Item #1 — Continued - Commented that there should be graphical representations, which would also help to develop an electronic database of projects; however, there are technological challenges to overcome. - Commented that story poles should be removed 30 days after a hearing, and this is enforced through a condition of approval. Greg Larson, Town Manager - Commented that Town staff could contact consultants before implementing documents are brought back before Council. - Clarified that the Town Manager would give notice to the Council, within the limits of the Brown Act, before finalizing an exception to the policy and that any exception granted would be posted. Greg L'.it�on, Town Manager, presented the staff report. Council Discus 'on - Commented t t staff should develop an outreach communication o1. - Requested clarific ion about a statement in the staff report re ding the staff's training and educatio ega'rding. code enforcement. - Commented that the To staff is doling a good job of c e enforcement and expressed support for staff's commendations. - Commented that, under certain ditions, the P nning Commission should hear code enforcement issues related to I viol , on - Commented that temporary suspension enforcement for,up to 90 days is a sensitive judgment calf, based on the '{ pe o violation and how easy or difficult it would be to abate the violation. - Commented that enforcement ould be suspendea for only up to 60 days. - Requested clarification th compliance with a current P would be required before any CUP modifi tion is granted. Mr. Larson - Commente at since 2008, there has been no dedicated code. enfo ement : officer, d code enforcement tasks have been smaller parts.of many pe le's job. - Cc ented that staff has handled enforcement matters well. - mmented that health and safety issues are in the hands of the Building Offici per state law. F age 2 .. .... .. ..:... .... ..�..:I.:i^F R4^xXnrAeS-�� MiwV±u,.• ».y. .,,,_,.,.:.. ,.:. ;.. _ _ . _.