Los Altos City Council
September 20, 2022

2114582.1
located in a Transit Priority Area, it is by definition within one-half mile of a major transit stop. The Metropolitan Transportation Commission (MTC), the metropolitan planning organization for the San Francisco Bay Area, identifies the Project Site as being within a Transit Priority Area. The graphic below is taken from the MTC’s GIS system, which shades the TPAs in blue; the Project Site is designated by a red dot.

B. A Major Transit Stop is Located at El Camino Real and Showers Drive Although the MTC identifies the Project Site as being within a Transit Priority Area, it does not identify the major transit stop within one-half mile of the Project Site.

Because the Project Site is not within one-half mile of a rail station, ferry terminal, or BRT station,2 analysis focuses on the intersection of two or more bus routes with requisite service during the peak hour commute periods.

The statute does not define morning and afternoon peak commute hours, nor does the Los Altos Municipal Code (LAMC) or other City documentation. The Santa Clara Valley Transportation Authority (VTA), the City’s transit provider, defines peak hours as “the highest morning or evening hour of travel reported on a transportation network or street.” As the Congestion Management Agency for Santa Clara County, the VTA’s Guidelines can be considered applicable in the absence of any other City guidance. 2 Note that the Rapid 522 does not appear to have the elements of BRT service identified in the PRC, such as 1) dedicated bus lanes or a separate right-of-way, 2) transit signal priority, 3) all door boarding, 4) fare collection system promoting efficiency, and 5) defined stations. (PRC § 21060.2.) Accordingly, the Rapid 522 does not establish a major transit stop in and of itself. 2435
Agenda Item # 10.

EAH Housing
February 9, 2022

2114582.1
Typically, peak hours are defined at between 7:00 am and 9:00 am and 4:00 pm and 6:00 pm.

The bus stop at the intersection of El Camino Real and Showers Drive, approximately 1,513 feet from the Project Site, constitutes a major transit stop, as VTA lines 22, 40, and Rapid 522 operate at less than 15 minute intervals between 7:00 am and 9:00 am and 4:00 pm and 6:00 pm, morning and afternoon peak commute periods. A chart demonstrating the bus lines frequency follows.

Northbound/Eastbound Southbound*/Westbound
Morning
Peak Hours
(7:00 AM-9:00 AM)
Afternoon
Peak Hours
(4:00 PM-6:00 PM)
Morning
Peak Hours
(7:00 AM-9:00 AM)
Afternoon
Peak Hours
(4:00 PM-6:00 PM)
Time Bus Line Time Bus Line Time Bus Line Time Bus Line 7:07 AM 22 4:01 PM 22 7:09 AM 522 4:01 PM 22
7:10 AM 522 4:02 PM 40 7:15 AM 22 4:07 PM 522
7:18 AM 22 4:05 PM 522 7:25 AM 40 4:14 PM 40
7:24 AM 522 4:16 PM 22 7:25 AM 522 4:16 PM 22
7:25 AM 40 4:17 PM 40 7:36 AM 22 4:23 PM 522
7:32 AM 22 4:20 PM 522 7:41 AM 522 4:31 PM 22
7:37 AM 522 4:31 PM 22 7:55 AM 40 4:38 PM 522
7:47 AM 22 4:35 PM 522 7:56 AM 22 4:44 PM 40
7:48 AM 522 4:46 PM 22 7:59 AM 522 4:46 PM 22
7:56 AM 40 4:47 PM 40 8:12 AM 22 4:53 PM 522
8:02 AM 22 4:50 PM 522 8:15 AM 40 5:01 PM 22
8:03 AM 522 5:02 PM 22 8:19 AM 40 5:09 PM 522
8:16 AM 22 5:04 PM 522 8:20 AM 522 5:14 PM 40
8:18 AM 522 5:17 PM 40 8:27 AM 22 5:16 PM 22
8:26 AM 40 5:17 PM 22 8:40 AM 522 5:24 PM 522
8:31 AM 22 5:19 PM 522 8:46 AM 22 5:31 PM 22
8:33 AM 522 5:33 PM 22 8:55 AM 40 5:39 PM 522
8:45 AM 22 5:33 PM 522 8:57 AM 522 5:46 PM 40
8:48 AM 522 5:46 PM 40 5:46 PM 22
8:50 AM 40 5:48 PM 22 5:54 PM 522
8:59 AM 22 5:49 PM 522
*There are two southbound stops for Line 40 at Latham Street, one is south of Latham Street, approximately a third of the distance to El Camino Real. This stop functionally serves to connect Line 40 to Line 22 and Rapid 522.
2436
Agenda Item # 10.

EAH Housing
February 9, 2022

2114582.1
III. Consistency with Density Bonus Provisions Based on Proximity to a Major Transit Stop
A. Density Bonus
The LAMC provisions contemplate up to a 35% Density Bonus. (LAMC § 14.28.040(C).) Alternatively, the Government Code allows for unlimited density for projects that are 100% affordable (at least 80% low income and up to 20% moderate income) and within one-half mile of a major transit stop. (GOV § 65915(f)(3)(D)(ii).) As the Project is a 100% affordable housing project, using Santa Clara County Measure A funding, City of Los Altos fee waivers, and Low Income Housing Tax Credits, its affordability will be subject to a covenant. Accordingly, as a 100% affordable project, the 165% Density Bonus is permitted by state law. The density increase is not considered an incentive/concession.

B. Height
Projects that are 100% affordable and within one-half mile of a major transit stop are entitled to a height increase of three additional stories, or 33 feet. (GOV § 65915(d)(2)(D).) The Project is designed to be 64 feet in height, 19 feet greater than the 45 feet allowed in the Commercial Thoroughfare zone. (LAMC § 14.50.140.) However, because the 64 feet would be within the additional 33 feet allowed for by GOV § 65915(d)(2)(D), the Project height is consistent with state Density Bonus provisions. Per the Government Code, this height increase is not considered an incentive/concession. (GOV § 65915(d)(2)(D).)
C. Parking
The City’s Density Bonus provisions include a parking standard of .5 parking space per bedroom for affordable housing with unobstructed access to a major transit stop within one-half mile. (LAMC § 14.28.040(G)(2)(b).) As the Project consists of 159 bedrooms, this provision would require the Project to provide 80 parking spaces. Alternatively, state Density Bonus provisions do not require any parking for 100% affordable projects with unobstructed access to a major transit stop located within one-half mile of the project site. (GOV § 65915(p)(3).) As the Project proposes to include 90 parking spaces, it would satisfy both the state and local requirement. Use of these provisions is not considered an incentive/concession. (GOV § 65915(p)(9), LAMC §

14.28.040(G)(2)(e).)
D. Incentives, Concessions, and Waivers
Projects that are 100% affordable are entitled to four concessions or incentives. (GOV § 65915(d)(2)(D).) Concession or incentive is defined as “A reduction in site 2437
Agenda Item # 10.

EAH Housing
February 9, 2022

2114582.1
development standards or a modification of zoning code requirements or architectural design requirements…that results in identifiable and actual cost reductions, to provide for affordable housing costs….” (GOV § 65915(k)(1).) Although entitled to four concessions, we understand that the EAH Housing is requesting two concessions which will result in cost reductions to allow the Project to be built: 1) a reduction in front yard setback from 25 feet to 10 feet, and 2) a reduction in private open space from a 50 square foot average to 25 square foot average.3 The application for the Project should include findings or evidence demonstrating that reduction of the front yard setback and reduction of the open space would result in cost reductions to provide for the affordable housing. We can assist with those findings at your request.

EAH Housing may also request waivers, apart from an incentive/concession. (LAMC §

14.28.040(H).) The LAMC defines waiver as “the deletion or reduction of any development standards that would otherwise have the effect of physically precluding” a Density Bonus Development. (LAMC § 14.28.040(B)(27).) The Project is seeking a waiver to reduce the front step back of a minimum 10 feet from ground floor façade for stories above 45 feet in height, as maintaining that step back would preclude the Project from being constructed with the identified density. The application for the Project should include findings or evidence demonstrating that imposition of the front step back requirement would physically preclude the construction of the Project. We can assist with those findings at your request.

IV. Alternative Consistency with Density Bonus Provisions As demonstrated above the Project Site is located within one-half mile of a major transit stop as defined by the Government Code and Public Resources Code. The subsequent analysis demonstrates that the Project Site’s proximity to a major transit stop qualifies the Project for unlimited density, increased height, and decreased parking. However, even if the Project Site is not determined to be within one-half mile of a major transit stop, it would still be consistent with state and local Density Bonus provisions based on available concessions and waivers.

Projects that are 100% affordable are entitled to four concessions or incentives. (GOV § 65915(d)(2)(D).) The LAMC does not include a limitation on the number of waivers a project can seek, but rather contemplates the use of multiple waivers by using the plural of the term, waivers, in relevant provisions.4 State law specifically allows a city to grant multiple waivers. (GOV § 65915(e)(3).)
3 The staff report for the Joint City Council/Planning Commission Study Session on January 11, 2022 identified a third concession, increase in building height. As noted above, this increase in allowed by state law and not considered an incentive, consistent with GOV § 65915(d)(2)(D). 4 See LAMC §§ 14.28.040(A), 14.28.040(C), 14.28.040(D)(1)(f), 14.28.040(H). 2438
Agenda Item # 10.

EAH Housing
February 9, 2022

2114582.1
If the Project Site is not determined to be within one-half mile of a major transit stop, the Density Bonus can still be processed by including the following concessions and waivers.

A. Incentives/Concessions
An incentive or concession is defined as “A reduction in site development standards or a modification of zoning code requirements…that results in identifiable and actual cost reductions, to provide for affordable housing costs.” (GOV § 65915(k)(1).) As density is specifically identified as a zoning code requirement, an increase to the identified level, 103.45 dwelling units/acre as opposed to the 38 dwelling units/acre identified in LAMC § 14.50.080, would constitute a modification to a zoning code requirement, and therefore an incentive/concession. As it is not enumerated in LAMC § 14.28.040(F)(1), this would be considered an off-menu incentive or potentially a wavier (discussed below).

A reduction in required parking is specifically cited as an example of a concession or incentive. (GOV § 65915(k)(1).) The LAMC specifically allows for “off-menu parking requirement alterations.” (LAMC § 14.28.040(G)(3).) Further, the LAMC vests the City with broad authority to determine the parking required for a project: “This section does not preclude the city from reducing or eliminating a parking requirement for development projects of any type in any location.” (LAMC § 14.28.040(G)(4).) The Project has previously identified the reduction in front yard setback from 25 feet to 10 feet and the reduction in private open space from a 50 square foot average to 25 square foot average as potential incentives/concessions. The staff report for the Joint City Council/Planning Commission Study Session on January 11, 2022 identified both of these as on-menu incentives/concessions.

B. Waivers
As noted above, maintaining the step back requirement would preclude the Project from being constructed with the identified density. Similarly, limiting the Project’s height to 45 feet would preclude the Project from being constructed at the identified density. The Project, as designed, includes dwelling unit square footages consistent with code requirements and ground floor amenities, as well as required parking.

Reducing the Project to 45 feet would cause the removal of two stories from the Project. Maintaining the identified density while reducing the Project by two stories would likely require 1) redesign of the Project to include rooms of a substandard size, and/or 2) the removal of required parking and Project amenities on the ground floor, which would be displaced by residential units. Accordingly, the increased height would constitute a permissible waiver, as maintaining the 45 foot height limit would reduce the Project’s density.
2439
Agenda Item # 10.

EAH Housing
February 9, 2022

2114582.1
The Project’s increased density could also be considered a waiver. As the Project seeks to construct an affordable housing development with a density of 103.45 dwelling units/acre, maintaining the density required by the LAMC would have the effect of physically precluding the Project. Accordingly, the Project’s increased density could treated as a waiver rather than an incentive.
2440
Agenda Item # 10.

MEMORANDUM

VIA EMAIL
TO: EAH Housing
FROM: Elisa Paster
DATE: September 15, 2022
SUBJECT: 330 Distel Circle - Density Bonus
I. INTRODUCTION
EAH Housing is partnering with the City of Los Altos (“City”) to develop a 100% affordable housing project, with the exception of two manager’s units, using a Density Bonus (the “Project”) at 330 Distel Circle, Los Altos, California 94022 (“Project Site”). The Project is a 64 foot building that consists of 90 affordable units (24 Studio, 20 one-bedroom, 21 two-bedroom, and 23 three-bedroom) and 90 parking spaces. The Project is seeking a 165% Density Bonus; existing zoning allows for 34 units (rounded up from 33.06) at the Project Site. Based on its proximity to transit, as demonstrated below, state law permits the Project to receive an unlimited increase in density, a height increase up to 33 feet, and no minimum parking requirements.

EAH Housing is requesting the following concessions:
• Reduced front yard setback from 25 feet to 10 feet
• Reduced front side step-back on the 4th and 5th levels • Reduced average per-unit open space requirement from 50 square feet to 25 square feet • Reduced EV ready parking stalls from 90 to 9 stalls
EAH Housing is also requesting the following waivers:
• Modification of the requirement for an inner courtyard to be partially visible from the street and linked by a clear accessible path of travel
• Allowance to use wood as a distinct material for the base of the building • Allowance to locate the solid waste staging area in the public right-of-way II. THE PROJECT SITE IS WITHIN ONE-HALF MILE OF A MAJOR TRANSIT STOP For the purpose of state Density Bonus law, codified in Government Code (GOV) section 65195, a major transit stop is defined as existing or planned rail or bus rapid transit (BRT) stations, ferry terminals served by either a bus or rail transit service, and the intersection of two or more bus routes with a 2441
Agenda Item # 10.

September 15, 2022

frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods. (Public Resources Code (PRC) §§ 21064.3, 21155(b).)1 A. Available Resources Identify the Project Site as Being One-Half Mile of a Major Transit Stop
A Transit Priority Area is defined as “an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan.” (PRC § 21099(a).) Accordingly, if the Project Site is located in a Transit Priority Area, it is by definition within one-half mile of a major transit stop. The Metropolitan Transportation Commission (MTC), the metropolitan planning organization for the San Francisco Bay Area, identifies the Project Site as being within a Transit Priority Area. The graphic below is taken from the MTC’s GIS system, which shades the TPAs in blue; the Project Site is designated by a red dot.

A. A Major Transit Stop is Located at El Camino Real and Showers Drive Although the MTC identifies the Project Site as being within a Transit Priority Area, it does not identify the major transit stop within one-half mile of the Project Site. Because the Project Site is not within one-half mile of a rail station, ferry terminal, or BRT station,2 analysis focuses on the intersection of two or more bus routes with requisite service during the peak hour commute periods. 1 State Density Bonus law treats planned major transit stops as existing major transit stops. Limited analysis was performed on whether major transit stops are planned within one-half mile of the Project Site. Our initial conclusion is that no such transit stops are planned, thus our research focused on existing major transit stops.
2 Note that the Rapid 522 does not appear to have the elements of BRT service identified in the PRC, such as 1) dedicated bus lanes or a separate right-of-way, 2) transit signal priority, 3) all door boarding, 2442
Agenda Item # 10.

September 15, 2022

The statute does not define morning and afternoon peak commute hours, nor does the Los Altos Municipal Code (LAMC) or other City documentation. The Santa Clara Valley Transportation Authority (VTA), the City’s transit provider, defines peak hours as “the highest morning or evening hour of travel reported on a transportation network or street.” As the Congestion Management Agency for Santa Clara County, the VTA’s Guidelines can be considered applicable in the absence of any other City guidance.

Typically, peak hours are defined at between 7:00 am and 9:00 am and 4:00 pm and 6:00 pm.

The bus stop at the intersection of El Camino Real and Showers Drive, approximately 1,513 feet from the Project Site, constitutes a major transit stop, as VTA lines 22, 40, and Rapid 522 operate at less than 15 minute intervals between 7:00 am and 9:00 am and 4:00 pm and 6:00 pm, morning and afternoon peak commute periods. A chart demonstrating the bus lines frequency follows.

Northbound/Eastbound Southbound*/Westbound
Morning
Peak Hours
(7:00 AM-9:00 AM)
Afternoon
Peak Hours
(4:00 PM-6:00 PM)
Morning
Peak Hours
(7:00 AM-9:00 AM)
Afternoon
Peak Hours
(4:00 PM-6:00 PM)
Time Bus Line Time Bus Line Time Bus Line Time Bus Line 7:01 AM 522 7:00 AM 522
7:07 AM 22 4:02 PM 40 7:05 AM 22 4:04 PM 22
7:14 AM 522 4:03 PM 40 7:17 AM 522 4:07 PM 522
7:10 AM 22 4:13 PM 522 7:21 AM 22 4:19 PM 22
7:26 AM 40 4:14 PM 22 7:26 AM 40 4:23 PM 522
7:27 AM 522 4:28 PM 522 7:33 AM 522 4:26 PM 40
7:34 AM 22 4:29 PM 22 7:38 AM 22 4:34 PM 22
7:39 AM 522 4:34 PM 40 7:56 AM 40 4:38 PM 522
7:48 AM 22 4:43 PM 522 7:58 AM 22 4:48 PM 22
7:54 AM 522 4:45 PM 22 7:51 AM 522 4:53 PM 40
7:56 AM 40 4:56 PM 40 8:10 AM 522 4:53 PM 522
8:03 AM 22 4:57 PM 522 8:14 AM 22 5:03 PM 22
8:09 AM 522 5:00 PM 22 8:14 AM 40 5:09 PM 522
8:18 AM 22 5:12 PM 522 8:19 AM 40 5:18 PM 22
8:24 AM 522 5:16 PM 22 8:27 AM 522 5:24 PM 522
8:26 AM 40 5:23 PM 40 8:30 AM 22 5:25 PM 40
8:31 AM 22 5:28 PM 522 8:43 AM 522 5:33 PM 22
8:39 AM 522 5:32 PM 22 8:47 AM 22 5:39 PM 522
8:47 AM 22 5:49 PM 522 8:56 AM 40 5:48 PM 22
8:49 AM 40 5:48 PM 22 8:59 AM 522 5:54 PM 522
8:53 AM 522 5:57 PM 40 5:56 PM 40
8:59 AM 22
4) fare collection system promoting efficiency, and 5) defined stations. (PRC § 21060.2.) Accordingly, the Rapid 522 does not establish a major transit stop in and of itself. 2443
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September 15, 2022

*There are two southbound stops for Line 40 at Latham Street, one is south of Latham Street, approximately a third of the distance to El Camino Real. This stop functionally serves to connect Line 40 to Line 22 and Rapid 522.

II. Consistency with Density Bonus Provisions Based on Proximity to a Major Transit Stop A. Density Bonus
The LAMC provisions contemplate up to a 50% Density Bonus. (Chapter 14.28, Article 2.) The Government Code also allows for unlimited density for projects that are 100% affordable (at least 80% low income and up to 20% moderate income) and within one-half mile of a major transit stop. (GOV § 65915(f)(3)(D)(ii).) As the Project is a 100% affordable housing project, using Santa Clara County Measure A funding, City of Los Altos fee waivers, and Low Income Housing Tax Credits, and its affordability will be subject to a covenant, it will qualify for unlimited density. Therefore, the 165% Density Bonus is permitted by state law, and is not considered an incentive/concession.

B. Height
Projects that are 100% affordable and within one-half mile of a major transit stop are entitled to a height increase of three additional stories, or 33 feet. (GOV § 65915(d)(2)(D).) The Project is designed to be 64 feet in height, 19 feet greater than the 45 feet allowed in the Commercial Thoroughfare zone. (LAMC §

14.50.140.) However, because the 64 feet would be within the additional 33 feet allowed for by GOV § 65915(d)(2)(D), the Project height is consistent with state law. Per the Government Code, this height increase is not considered an incentive/concession. (GOV § 65915(d)(2)(D).) C. Parking
The City’s Density Bonus law incorporates state parking reductions, which permit a parking standard of .5 parking space per bedroom for affordable housing with unobstructed access to a major transit stop within one-half mile. (LAMC § 14.28.046.) As the Project consists of 159 bedrooms, this provision would require the Project to provide 80 parking spaces. Alternatively, state Density Bonus provisions do not require any parking for 100% affordable projects with unobstructed access to a major transit stop located within onehalf mile of the project site. (GOV § 65915(p)(3).) As the Project proposes to include 90 parking spaces, it would satisfy both the state and local requirement. Use of these provisions is not considered an incentive/concession. (GOV § 65915(p)(9), LAMC § 14.28.042.) D. Incentives, Concessions, and Waivers
Projects that are 100% affordable are entitled to four concessions or incentives. (GOV § 65915(d)(2)(D).) Concession or incentive is defined as “A reduction in site development standards or a modification of zoning code requirements or architectural design requirements…that results in identifiable and actual cost reductions, to provide for affordable housing costs….” (GOV § 65915(k)(1).) The Project seeks four incentives or concessions:
• Reduced front yard setback from 25 feet to 10 feet because implementing the setback would decrease the building area and unit count.
2444
Agenda Item # 10.

September 15, 2022

• Reduced front side step-back on the 4th and 5th levels because implementing the stet-back would decrease the building area and unit count.
• Reduced average per-unit open space requirement from 50 square feet to 25 square feet because the existing of a ten foot wide utility easement prevents cantilevered balconies along the Distel frontage. Modifying the units to accommodate additional open space would decrease the building area and unit count.
• Reduced EV ready parking stalls from 90 to 9 stalls because providing 90 EV ready stalls is cost prohibitive.

The City must approve the incentives or concessions, unless the City makes written findings, based upon substantial evidence, of any of the following:
“(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
(B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. (C) The concession or incentive would be contrary to state or federal law.” (GOV § 65915(d)(1).)
No substantial evidence supports denial of the Project based on the above factors. Additional information is provided in the applicant’s memo to the City dated July 24, 2022.

EAH Housing may also request waivers, in addition to any incentives or concessions. (LAMC §

14.28.040(H).) The Project is seeking the following waiver:
• Modification of the requirement for an inner courtyard to be partially visible from the street and linked by a clear accessible path of travel because the courtyard has been raised to the second level to accommodate parking on the ground level.
• Allowance to use wood as a distinct material for the base of the building because the prescribed materials would preclude the Project.
• Allowance to locate the solid waste staging area in the public right-of-way because the trash collection company requires that the staging area be within a specified distance from the street.

Moving the trash collection area on the site would result in lost amenity space.

The City must approve the waivers only “if the waiver or reduction would have a specific, adverse impact . . . upon health, safety, or the physical environment,” would have “an adverse impact” on an historic resource, or “would be contrary to state or federal law.” (GOV § 65915(e)(1).) Further, the City may not impose any development standard that would have the effect of physically precluding the construction of the Project. No substantial evidence supports denial of the Project based on the above factors. Additional information is provided in the applicant’s memo to the City dated July 24, 2022. 2445
Agenda Item # 10.

JOINT PLANNING

COMMISSION/COMPLETE STREETS

COMMISSION MEETING
AGENDA
7:00 PM - Thursday, August 18, 2022
via Teleconference
Per California Executive Order N-29-20, the Commission will meet via teleconference only. Members of the Public may call (253) 215-8782 to participate in the conference call (Meeting ID: 831 9438 7650 and Passcode: 538635 or via the web at https://tinyurl.com/y6unt9hs or https://losaltoscagov.zoom.us/j/83194387650?pwd=VDMybmhuS09KaWVmUjdyakRZUzdVdz09&from=addon).

Public testimony will be taken at the direction of the Chair and members of the public may only comment during times allotted for public comments. Members of the public are also encouraged to submit written testimony prior to the meeting at [email protected]. Emails received prior to the meeting will be included in the public record.

ESTABLISH QUORUM

PUBLIC COMMENTS

ITEMS FOR CONSIDERATION/ACTION

CONSENT CALENDAR

1. Planning Commission Minutes
Approve minutes of the regular meeting of July 21, 2022.

PUBLIC HEARING

2. D22-0002 – EAH Housing – 330 Distel Circle
Multiple-Family Design Review and Conditional Use Permit for a new multiple-family development with a five-story building with 90 condominium units for rent along 330 Distel Circle with mechanized parking system and amenity space on the first floor. The proposal is for a 100% affordable housing project seeking a density bonus which allows increased height and reducing parking ratios with development incentives including step-back reduction, reduced courtyard visibility and base material to be wood for the design review approval. The project is categorically exempt from environmental review pursuant to Section 15332 (Class 32), Infill Exemption of the California Environmental Quality Act (CEQA) Guidelines. Project Planner: Hayagreev

COMMISSIONERS' REPORTS AND COMMENTS

POTENTIAL FUTURE AGENDA ITEMS

ADJOURNMENT

SPECIAL NOTICES TO PUBLIC
24461
Agenda Item # 10.
8/18/2022 JOINT PLANNING COMMISSION/COMPLETE STREETS COMMISSION MEETING AGENDA Page 2 of 2 In compliance with the Americans with Disabilities Act, the City of Los Altos will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (650) 947-2720. Agendas, Staff Reports and some associated documents for Planning Commission items may be viewed on the Internet at http://www.losaltosca.gov/citycouncil/online/index.html. Commission Meetings are televised live and rebroadcast on Cable Channel 26. On occasion the Planning Commission may consider agenda items out of order. All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, and that are distributed to a majority of the legislative body, will be available for public inspection at the Office of the City Clerk's Office, City of Los Altos, located at One North San Antonio Road, Los Altos, California at the same time that the public records are distributed or made available to the legislative body. If you wish to provide written materials, please provide the Community Development Department with 10 copies of any document that you would like to submit to the Planning Commission for the public record. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. For other questions regarding the Planning Commission meeting proceedings, please contact the Community Development Department at (650) 947-2750. 24472
Agenda Item # 10.

PLANNING COMMISSION

MEETING MINUTES
7:00 PM - Thursday, July 21, 2022
Telephone/Video Conference Only

CALL MEETING TO ORDER
At 7:02 p.m. Chair Doran called the meeting to order.

ESTABLISH QUORUM
PRESENT: Chair Doran, Vice-Chair Mensinger, Commissioners Ahi (joined the meeting at approximately 7:18 PM), Bodner, Marek, and Roche
ABSENT: Commissioners Steinle
STAFF: Development Services Director Zornes, City Attorney Houston, Interim Planning Services Manager Golden, and Consulting Senior Planner Hayagreev

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
None.

ITEMS FOR CONSIDERATION/ACTION

CONSENT CALENDAR

1. Planning Commission Minutes
Approve minutes of the regular meeting of July 7, 2022.

Action: Upon motion by Vice-Chair Mensinger, seconded by Commissioner Roche, the Commission recommended approval of the minutes from the July 7, 2022 Regular Meeting as written.

The motion was approved (5-0) by the following vote:

AYES: Chair Doran, Vice-Chair Mensinger, Commissioners Bodner, and Roche NOES: None
ABSENT: Commissioners Ahi and Steinle

PUBLIC HEARING

2. D22-0002 – EAH Housing – 330 Distel Circle
Multiple-Family Design Review and Conditional Use Permit for a new multiple-family development with a five-story building with 90 condominium units for rent along 330 Distel Circle with 90 parking spaces utilizing a mechanized parking system and a common amenity space on the first floor. The proposal is for a 100% affordable housing project and is eligible for a density bonus, development incentives, and development waivers under state law and city ordinance. The project is categorically exempt from environmental review pursuant to Section 15332 (Class 32), Infill Exemption of the California Environmental Quality Act (CEQA) Guidelines. Project Planner: Hayagreev This item has been removed from the agenda. The item will be re-noticed for a future meeting.
3 Agenda Item 1.
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Agenda Item # 10.
6/2/2022 PLANNING COMMISSION MEETING MINUTES Page 2 of 3

3. 19-D-01, 19-UP-01 and 19-SD-01 – Gregory and Angela Galatolo – 4350 El Camino Real Multiple-Family Design Review, Conditional Use Permit and Tentative Subdivision map for a new multiple-family development with a five-story building with 47 condominium units along El Camino Real with two levels of underground parking. The proposal includes seven affordable units with four moderate-income units and three very-low-income units, and a density bonus with development incentives to allow for increased building height and a reduced parking aisle width. A Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program in compliance with the California Environmental Quality Act (CEQA) will be considered. Project Planner: Hayagreev THIS ITEM WAS CONTINUED FROM THE JUNE 16, 2022 PC MEETING DUE TO LACK OF A QUORUM.

STAFF PRESENTATION
Consulting Senior Planner Hayagreev gave the staff presentation.

COMMISSIONER QUESTIONS
None.

COMMISSIONER AHI JOINED THE MEETING AT APPROXIMATELY 7:18 PM.

APPLICANT PRESENTATION
Applicant Angela Galatolo introduced project architect Alex Seidel and David Kornfield, project planner.

Both provided presentations.

Applicant requested changes to the following conditions:
• Reword Condition No. 27 to add a beginning phrase referring to the list of “items the plans shall include” (Prior to Building Permit Condition).
• Reword Condition 27.6 to omit the sentence “Replace existing shelter with a new VTA standard shelter (17-foot Full Back with Ad panel) consistent with VTA direction” for consistency with VTA approval to allow a bench or custom architectural enclosure. • Reword Condition No. 45 to omit the requirement to rebuild an off-site ADA ramp at the southwest corner of the intersection – no nexus.

COMMISSIONER QUESTIONS
Vice-Chair Mensinger asked questions about the BMR unit distribution proposed by staff. These were accepted by applicant. She then asked a clarifying parking question.

David Kornfield, project planner and project architect Alex Seidel responded.

Regarding Condition 27.6, Interim Planning Services Manager Golden said staff is amenable to change the language to allow an alternative design at the discretion and approval of the Valley Transportation Authority.

Regarding Condition 45, Interim Planning Services Manager Golden responded that in general, the entire facility is typically improved when a crosswalk or ramp on either side is improved, but will be reviewed further with the Engineering Division.

PUBLIC COMMENT
None.

Chair Doran closed the Public Comment period and Commission discussion proceeded. 4 Agenda Item 1.
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6/2/2022 PLANNING COMMISSION MEETING MINUTES Page 3 of 3 Action: Upon motion by Chair Doran, seconded by Commissioner Roche, the Commission moved to recommend approval of the Mitigated Negative Declaration to the City Council and recommend approval to the City Council of Multiple-Family Design Review, Conditional Use Permit and Tentative Subdivision map applications 19-D-01, 19-UP-01 and 19-SD-01 subject to the staff report findings and conditions with staff’s revised comments and with the following change:
• Modify Condition 27.6 to revise the language to install the bus shelter per Valley Transportation Authority (VTA) standards (17-foot Full Back with Ad Panel) or an alternative proposed design by the Applicant as acceptable, and at the discretion of VTA.

The motions were approved (6-0) by the following vote:

AYES: Chair Doran, Vice-Chair Mensinger, Commissioners Ahi, Bodner, Marek and Roche NOES: None
ABSENT: Commissioner Steinle

COMMISSIONERS' REPORTS AND COMMENTS
City Attorney Houston mentioned a webinar training for the Planning Commissioners taking place tomorrow, July 22nd.

Development Services Director Zornes noted that the 30-day public comment period for the Housing Element Update was closing at midnight this Sunday, July 24, 2022.

POTENTIAL FUTURE AGENDA ITEMS
None.

ADJOURNMENT
Chair Doran adjourned the meeting at 8:10 PM.

Steve Golden
Interim Planning Services Manager
5 Agenda Item 1.
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AGENDA REPORT SUMMARY
DATE: AUGUST 18, 2022
Agenda Item # 2
Meeting Date: August 18, 2022
Subject: 330 Distel Circle - Planning Commission / Complete Streets Commission Joint Public Hearing
Prepared by: Radha Hayagreev, Consulting Senior Planner Reviewed by: Steve Golden, Interim Planning Services Manager Nick Zornes, Community Development Director
Jolie Houston and Erik Ramakrishnan, City Attorney’s Office Initiated by: Welton Jordan, EAH Housing

RECOMMENDATION
Recommend to the City Council approval of Multiple-Family Design Review (application D22-0002) and Conditional Use Permit (application CUP22-0001) with a Density Bonus and Development Incentives and Development Waivers for a 90-unit residential development at 330 Distel Circle per the findings and conditions contained in the resolution.

Recommend the City Council consider the Project categorically exempt from environmental review pursuant to Section 15332 (Class 32), Infill Exemption of the California Environmental Quality Act (CEQA) Guidelines.

ATTACHMENTS
A. Draft Resolution with Findings, 2022-XX and Conditions of Approval B. Notice of Exemption memo pursuant to CEQA requirements Exhibit B1 including Appendices and Figures supporting Notice of Exemption C. Story Pole Exemption plans and notice boards.

D. Revised Density Bonus Report
D1. Memorandum for Project Consistency with Density Bonus Provisions.

E. Public Notification Map
F. Public Correspondences
G. Objective Design Control standards conformance matrix.

H. Arborist Report
I. January 11, 2022, Joint Study Session Minutes and Comment Response Letter J. Trash Management Plan
K. Project Description and Proposal Statement
L. Fire Department Comment Letter
M. Architectural Plan Set
6 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

ENVIRONMENTAL REVIEW
To conform with the California Environmental Quality Act (CEQA) requirements, the City of Los Altos has made findings that the proposed project on 330 Distel Circle is categorically exempt from environmental review pursuant to Section 15332 (Class 32), Infill Exemption of the California Environmental Quality Act (CEQA) Guidelines and that the proposed project will not have a significant effect on the environment.

The development proposal is consistent with the General Plan and Zoning Ordinance, as set forth in this staff report; does not result in any significant effects related to traffic, noise, air or water quality; is adequately served by all required utilities and public services; and none of the exceptions stated in CEQA Guidelines Section 15300.2 to applicability of the exemption applies. A Notice of Exemption (NOE) has been prepared, as referenced in Attachment B. Exhibit B1 has the technical analyses and reports to support the Notice of Exemption.

PROJECT DESCRIPTION
The project site (APN 170-04-051) is approximately 0.87-acres located at 330 Distel Circle at the western area of Distel Circle. The project site is designated Thoroughfare Commercial (TC) in the General Plan and zoned Commercial Thoroughfare (CT). The site is currently developed with an approximately 12,120 square foot, single-story office building with perimeter landscaping including twenty-seven trees, and surface parking. The project would demolish the existing office building, remove nineteen trees that would be impacted by the new development and preserve the remaining eight trees, and remove of the surface parking lot to construct a newbuilding and associated improvements.

The proposed project (Project) includes a five-story apartment building with 90 rental units, all of which are proposed to be affordable (100 percent affordable project). The first/ground floor is comprised of only common building amenities with no residential units and will be mass timber construction. Parking will be provided at the ground-level in a podium parking garage containing a total of 90 vehicle parking spaces that includes eight at grade parking spaces and 82 parking spaces on a mechanical parking lift system. The ground floor also contains a common amenity space, tenant administrative offices, tenant coworking space, trash collection and sorting room, a bike locker room for 45 bicycles, and other common amenities. The upper floors constructed on top of the mass timber system will be constructed using a modular unit system that are manufactured off-site and assembled on-site.

The second floor has a 5,530 square-foot common open space courtyard. The upper four floors consist of a total of ninety (90) residential units. The unit distribution is twenty-four (24) studio units, 7 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

twenty (20) one-bedroom units, twenty-three (23) two-bedroom units, and twenty-three (23) threebedroom units. A complete set of design plans including site and landscape plans, architectural plans, and engineering plans are included in Attachment M. An arborist report (Attachment H) includes a detailed assessment of the trees and describes the disposition of tree preservation or removal and tree preservation guidelines for the eight trees which are proposed to be preserved on site.

The following table summarizes the project’s technical details and comparison to objective development standards.

Table 1 Development Standards
Standard (in CT
zone)
Proposed Complies Notes
General Plan Thoroughfare
Commercial (TC)
Residential Yes. Per Table LU-1 of
the General Plan,
the TC land use
designation can
accommodate
mixed-use projects
and affordable
residential projects.

Zoning Commercial
Thoroughfare (CT)
Residential Yes Per LAMC

14.50.040 K.

Multiple-family
housing requires a
Conditional Use
Permit
Density 38 du/acre 104 du/acre Yes, when the
density bonus to
which the project is
entitled is applied.

LAMC – 14.28.040
Lot Size 38,050 sq. Ft. (0.87 acres)
Units 31 90 Yes, project site is
within one-half mile
Applying Density
bonus provisions.

Pursuant to Gov.
8 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

Standard (in CT
zone)
Proposed Complies Notes
of a major transit
stop.

Code, § 65915,
subd. (f)(3)(D)(ii)
Site Area Min 20,000 sq. Ft.

Frontage 75ft.
38,050 sq. Ft
and 222’-6”
Yes Per LAMC

14.50.070
Height 45ft 64’ 6” Yes, applying State
Density bonus Law
Provisions
Per State Density
Bonus Law
provisions, height
increase for
affordable housing
projects can be
over 3 stories or
33ft above max.
allowed height.

Height of
Ground Floor
commercial /
mixed-use
structures
12ft minimum 14’ 6” Yes
Front Setback 25ft 10ft Yes, if the requested
concession is
granted.

Concession-1
requested
Front Setback
Landscaping
50% landscaped More than 50%
landscape with
entry planter
boxes
Yes
Side Setback Average 7’- 6” 10’-11” Yes
Rear Setback 0ft. 11’-0” Yes Complies. Parcel
adjoins CT and OA1 Zone
9 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

Standard (in CT
zone)
Proposed Complies Notes
Private Open
Space
Not required for
every unit, average
50 sq. Ft. shall be
provided for the
total number of
dwelling units.

For 90 units 4,500
sq. ft
25 sq. Ft.

Average
2,550 sq. ft.

Yes, if the requested
concession is
granted.

Concession-2
requested
Common Open
Space
3200 sq. Ft. 5,530 sq. ft. Yes
Parking
alternative
Standard
(LAMC

14.28.040 G)
If 14.28.040 G (2)b -
on-menu alternate
standard - ½ mile
from transit = 45
parking spaces.
90 Yes Per State Density
Bonus Law,
affordable housing
projects within 1/2
mile from a major
transit stop can avail
parking
exemptions.

Bicycle Parking 1 Class I (Bike
Locker) for every 3
units (30 required)
45 Yes
1 Class II (Bike
Rack) for every 15
units (6 required)
10 Yes Sheet L1.1 of
Attachment-E
Loading spaces 1 truck loading space 1 Yes Sheet L1.1 of Attachment-E
10 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

Standard (in CT
zone)
Proposed Complies Notes
Width of
driveway
One way – 12ft
Two-way drive min –
18ft
23ft Yes Sheet A2.1 of
Attachment-E
Design Control Standards (LAMC 14.50.170) and Required Conditions of CT District (LAMC

14.50.060) are detailed in Attachment G-Objective Design Standard Conformance Matrix.

Design Control

14.50.170 B (1)
Building
Massing and
articulation.

Upper Story
Step-Back
Min 10ft from
ground floor façade
for stories above 45ft
in height (top story)
No step back Yes, if the
requested
concession is
granted.

Concession-3
requested
Design Control

14.50.170 C (5)
a.

Building Design.

Interior
Courtyard.

Interior courtyard
must be partially
visible from the
street and linked to
the street by a clear
accessible path of
travel
Raised
courtyard on
level 2 not
visible from the
street. Access to
courtyard and
exit via stair.

Yes, if the requested
waiver is granted.

Waiver-1
Design Control

14.50.170 D (4)
a.

Materials.

Materials
Defining
Building
Elements.

For multistory
elements, the base of
the building shall be
defined by a distinct
material selected
from among the
following: stone,
brick, concrete,
CMU, or stucco
(“base material”)
Wood serves as
a distinct base
material
Yes, if the requested
waiver is granted.

Waiver-2
11 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

Standard (in CT
zone)
Proposed Complies Notes
CT required
conditions

14.50.0t60 C. 2.

Access and
screening of
refuse collection
Every development
will be required to
provide suitable
space on-site for
solid waste
separation,
collection, storage
and pick up and shall
site these in locations
that facilitate access,
collection, and
minimize any
negative impact on
persons occupying
the development
site, neighboring
properties, or public
right-of-way
Solid waste
separation,
collection and
storage are onsite, but the
pickup is
proposed to be
in the service
staging area on
the public rightof-way
Yes, if the requested
waiver is granted.

Waiver -3
The project is consistent with the objective design standards for the CT zone of the Los Altos Zoning Code if the requested concessions/waivers are granted, as noted in Table 1 above. Additional details with all design control standards is available in Attachment G.

BACKGROUND
The City of Los Altos is partnering with the County of Santa Clara for this proposed 100 percent affordable housing project. A Memorandum of Understanding (MOU) was executed between the City and County on January 28, 2021, memorializing the expected purchase agreement by the County for the property from Midpeninsula Open Space District and the commitment to develop a 90-unit affordable housing project with certain affordability levels and the City’s commitment to waive 100 percent of the project’s development impact fees. Since January 2021, the project Applicant, EAH Housing has conducted a series of community outreach meetings to receive the community’s feedback, submitted a Preliminary SB 330 application, and received feedback from the Planning Commission during a Pre-application Project Review study session that is summarized below. 12 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

The City’s webpage has an archive of the community outreach efforts along with the supporting documents, link here -https://www.losaltosca.gov/communitydevelopment/page/330-distel-circle The Applicant conducted several community meetings, both virtually and in-person to share details of and to receive feedback from the community to inform the completion of their design. One significant change to the design resulted from community input for voluntary inclusion of parking within the project1 which now provides 90 parking stalls.

The community outreach meetings that were conducted for the project are as follows:

January 27, 2021 Virtual Community Meeting #1
February 11, 2021 Virtual Community Meeting #2
May 13, 2021 Affordable Housing Tour
August 12, 2021 Virtual Community Meeting #3
September 9, 2021 Virtual Community Meeting #4
September 20, 2021 Open House
Planning Commission Study Session
On October 21, 2021, the Applicant submitted an SB 330 Preliminary application that also served as a Pre-Application Design Review application that is typically reviewed by the Planning Commission only, but since this is a city sponsored project, the City Council was also included in the PreApplication review to obtain their early feedback to inform the completion of the design. On January 11, 2022, the Planning Commission and City Council held a joint study session. The project received significant support from community members and appointed and elected officials. A number of public commenters and city officials also expressed an interest in expediting the formal review process since it is a 100 percent affordable project. Additionally, at this meeting, the applicant received suggestions to consider improving the design and address concerns by members of the community and city officials. A detailed summary of the comments can be found in the joint meeting minutes in Attachment I.
1 As discussed further in the document, since the project is 100 percent affordable, it is exempt from providing parking pursuant to State Density Bonus Law.
13 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

SB 330 - Joint Complete Streets Commission and Planning Commission Meeting Development project applications submitted after January 1, 2020, are subject to SB 330, the Housing Crisis Act of 2019. To be consistent with California Government Code Section 65905.5(a). the city is limited to no more than five hearings to make an approval determination of the proposed housing development project. The application was submitted on March 3, 2020; therefore, the project is subject to the maximum five hearing limitation. One public hearing was already conducted on March 22, 2022, for the Applicant’s request to the City Council for an exemption to the requirement for the installation of story poles pursuant to the Council’s Open Government Policy.

Pursuant to Section 14.78.090 of the Zoning Code, multiple-family residential development projects are subject to a multi-modal transportation review hearing by the Complete Streets Commission (CSC) and recommendation to the Planning Commission (PC) and City Council. Pursuant to Section

14.78.020(C), the PC shall review development project applications at a public hearing and provide a recommendation to the City Council. To reduce the total number of hearings, the Los Altos City Council directed staff and commissions to hold a joint CSC/PC meeting to provide joint recommendation to the City Council. As specified by the Zoning Code, the CSC is tasked with reviewing the bicycle, pedestrian, parking, and traffic elements of a development application. Prior to consideration by the City Council, the PC completes a more comprehensive development review of the application and provides a recommendation to the City Council. This agenda report combines information addressing both the CSC’s multi-modal transportation review and the PC’s comprehensive review of the development project.

Story Pole Exemption
On March 22, 2022, the City Council approved an exemption to the story pole installation for this development project. As an alternative, the Applicant was required to install additional billboard signs which included an additional 3D rendering of the proposed project from the residential neighborhood on Marich Way. The billboard signs including the additional 3D rendering were installed per the approved plans on May 12th as verified by staff. Per the story pole policy, the requirement is for the story poles to remain installed 30days prior to any public hearing approval. Refer to Attachment B for details of the installed poles and compliance provided by the applicant.

DISCUSSION/ANALYSIS
This section includes discussion and analysis for review and consideration for approving this project including General Plan Conformance, Density Bonus and Affordable Housing, Design Review, Conditional Use Permit, Multi-modal Transportation Analysis, and the Environmental Review. 14 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

Los Altos General Plan Conformance
The General Plan contains goals and policies for the El Camino Real Corridor under the Special Planning Area in the Land Use Element, Community Design and Historic Resources Element, Housing Element and Economic Development Element. Together these elements discourage exclusive office use, promotes inclusion of residential development, encourages affordable housing projects, increases height for residential development, intensifies development along the El Camino Real Corridor, and provides streetscape improvements and pedestrian friendly streetscape designs.

The proposed project is generally consistent with the following goals and objectives of the General Plan that are envisioned for the neighborhood around El Camino Real Corridor.

Community Design and Historic Resources Element
Goal 4 Policy 4.3: Evaluate development applications to ensure compatibility with neighborhoods south of the corridor.

Land Use Element
Goal 4 Improve the land use mix along El Camino Real to ensure fiscal stability, encourage affordable housing, and to allow for development intensification along this corridor in a manner that is compatible with the adjacent residential neighborhoods and the local circulation system.

Goal 4 Policy 4.3 Encourage residential development on appropriate sites within the El Camino Real corridor.

Goal 4 policy 4.4 Encourage the development of affordable housing.

Housing Element
Housing Element Policy 2.1 The City will maintain zoning that provides for a range of housing sizes and residential densities.

Housing Element Goal 4 Allow a variety of housing densities and types in appropriate locations to accommodate housing needs at all income categories.

Housing Element Program 4.3.4 Continue to encourage maximum densities. 15 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

State Density Bonus Provisions and Affordable Housing The proposed 90-unit residential project is a 100 percent affordable project exclusive of two manager units. As such, pursuant to State Density Bonus Law and the Los Altos Density Bonus (Chapter 14.28, Article 2), the project is eligible for a density bonus, development incentives, and eliminates the parking requirements that would otherwise be required in compliance with the zoning code. Per the Commercial Thoroughfare (CT) zoning district standards (Section 14.50.080 LAMC), the maximum permitted residential density shall be 38 dwelling units per net acre which would allow up to a maximum of 33 units on the project site. With density bonus, there is no maximum density limitation since 100 percent of the housing units will be affordable and the project is located within one-half mile of a major transit stop. (Table D of the Appendix to the Affordable Housing Ordinance (Chapter 14.28 LAMC) and State Density Bonus (Government Code Section 65915 (f)(3)(D)(ii).

Per State Density Bonus Law Section 65915(o)(4) “major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code, and pursuant to subdivision (b) of Section 21155 of the Public Resources Code, among other definitions a “major transit stop” also includes a “major transit stop” as defined in Section 21064.3 of the Public Resources Code. And finally, per Section 21064.3 (a) of the Public Resources Code, a “major transit stop” includes an existing rail or bus rapid transit station.

The project site is 0.4 miles to a major transit bus stop at El Camino Real and Showers Drive since VTA Rapid line 522 makes a stop at this location (also see page 1-3 of Attachment D1); therefore, the project is within one-half mile of a major transit stop as defined in the State Density Bonus Law and is eligible for unlimited density.

Unit Distribution and Affordability Rates. The proposed project has eighty-eight below market rate units and two market rate units utilized as manager’s units.

The table below provides the proposed unit distribution and affordability rates of each unit. All units except the two manager’s units will fall within one of the following affordability levels: less than 80% AMI indicates Low Income units (LI), 50% AMI indicated Very Low-income housing (VLI), 30% or lesser AMI indicates Extremely Low-income units (ELI).
16 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

Density Bonus, Development Concessions, and Waivers
Per State Density Bonus Law and the Los Altos Density Bonus Ordinance (Chapter 12.28 LAMC, Article 2), projects providing 100 percent affordable units including total units and density bonus units, exclusive of manager’s units, are entitled to four development concessions. The table below summarizes the four concessions requested by the applicant that are detailed further in the applicant’s submitted Density Bonus report (Attachment D and D1) including the project’s eligibility for the density bonus allowances, the concession and waiver requests and justification for the requests.

Table 4: Concessions and Waivers
Standard (in CT zone) Proposed Concessions
and Waivers
Front Setback LAMC

14.50.090
25ft 10ft Concession -1
Private Open Space
LAMC 14.50.150
Not required for every
unit, average 50 sq. Ft.
shall be provided for the
total number of dwelling
units.

For 90 units 4,500 sq. ft
25 sq. Ft. Average
2,550 sq. ft.

Concession - 2
17 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

Design Control

14.50.170 B (1) Building
Massing and articulation.

Upper Story Step-Back
Min 10ft from ground
floor façade for stories
above 45ft in height (top
story)
No step back Concesssion-3
Reduced Standards for
Los Altos REACH
codes for EV Ready
charging points for
affordable housing
projects to meet
reduced requirement
which is 10% EV2 ready
spaces of total of 9
spaces in total.

EV2 ready spaces – 9
EV1 ready spaces – 81
Meets affordable
housing 10% EV2 ready
spaces. (2019 code)
Proposed EV2 ready - 9
Concession – 4
Requested Concessions
All requested concessions in the proposed project are off-menu concessions per the Los Altos Density Bonus
Pursuant to Govt Code Section 65915(d)(1), A concession request must be granted unless the City Council is able to make one of the following findings:

1. The concession requested will not result in an identifiable and actual cost reduction to provide for affordable housing cost; or

2. Granting the concession would violate federal or state law; or

3. Granting the concession would have a specific, adverse impact on public health or safety that cannot be mitigated feasibly, or on real property listed in the California Register of Historic Resources.

Concession #1: To reduce the front yard setback to 10 feet whereas a standard front setback of 25 feet for the CT zoning district is required per Section 14.50.090 (LAMC).

The standard requirement of 25-foot setback would reduce the proposed building footprint and floor area and thereby reduce the unit count.
18 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

Finding 1: The concession requested will not result in an identifiable and actual cost reduction to provide for affordable housing cost.

Staff review: This finding cannot be made because reducing the setback increases the floor area and number of affordable housing unit thereby lowering the per-unit soft cost for the project. For example, if the soft costs for providing 90 units is $3 million, the per unit cost is $33,333. If the project complies with the 25-foot setback requirement and can accommodate only 60 units, the per unit soft cost would be $60,000. A conforming project without the benefit of the development concessions would result in a project with less units and therefore higher development costs per unit.

Finding 2: Granting the concession would violate federal or state law; or Staff review: This finding cannot be made since granting the reduced step back would not violate federal or state law.

Finding 3: Granting the concession would have a specific, adverse impact on public health or safety that cannot be mitigated feasibly, or on real property listed in the California Register of Historic Resources.

Staff review: This finding cannot be made because the project site is not listed in the California Register of Historic Resources. The project setback reduction will not have a specific, adverse impact on the public health or safety as determined by the CEQA categorical exemption for environmental impact analysis reports.

Concession #2: To reduce the private open space requirement to an average 28 square feet whereas an average of 50 square feet of open space is required in the CT zoning district per Section 14.50.150 (LAMC).

The front setback has a ten-foot public utility easement which prevents any cantilever balconies.

Customizing the modular units to have a recessed balcony/deck bay would decrease the livable area of the unit size and potentially decrease the unit count, and likely increase the construction cost due to customization of modular units. The Applicant cites that the proposal mitigates the reduced private open space by providing more common open space in the second-floor courtyard.

Finding 1: The concession requested will not result in an identifiable and actual cost reduction to provide for affordable housing cost.
19 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

Staff Review: This finding cannot be made. The concession of reduced private balcony space for units in the front setback area is to accommodate the 10ft easement. Customizing the modular units to have a recessed balcony/deck bay would decrease the livable area of individual units and potentially decrease the unit count, and likely increase the construction cost due to customization of the modular units. The reduction in private open space would also allow construction of the project at the highest possible density and provide more affordable housing and reduce identifiable soft costs per unit.

Finding 2: Granting the concession would violate federal or state law; or Staff Review: This finding cannot be made. Granting reduced private open space does not violate federal or state law.

Finding 3: Granting the concession would have a specific, adverse impact on public health or safety that cannot be mitigated feasibly, or on real property listed in the California Register of Historic Resources.

Staff review: This finding cannot be made. From the studies conducted for air quality, noise impacts under the CEQA requirement, this reduced private open space does not create significant impact on the public health and safety. The project site is not listed in the California Register of Historic Resources.

Concession #3: To eliminate the 10-foot upper story step-back from the ground floor façade for stories above 45 feet in height as required in the CT Zoning District per Section 14.50.170.B.1 (LAMC).

The elimination of the upper story step back requirement allows for more building area and therefore more units within the allowable height limits.

Finding 1: The concession requested will not result in an identifiable and actual cost reduction to provide for affordable housing cost.

Staff review: This finding cannot be made. Elimination of the step back increases the floor area and number of units, which in turn reduces the soft costs for each unit. The step back provision would require customization of the modular units which increases costs; therefore, eliminating the step back provision reduces the customization of the units thereby reducing construction costs.

Granting the step back concession results in identifiable cost savings per unit. 20 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

Finding 2: Granting the concession would violate federal or state law; or Staff review: This finding cannot be made since granting the reduced step back would not violate federal or state law.

Finding 3: Granting the concession would have a specific, adverse impact on public health or safety that cannot be mitigated feasibly, or on real property listed in the California Register of Historic Resources.

Staff review: This finding cannot be made because the project site is not listed in the California Register of Historic Resources. The project step back reduction will not have a specific, adverse impact on the public health or safety as determined by the CEQA categorical exemption for environmental impact analysis reports.

Concession #4: To eliminate the required electric vehicle parking requirements provided in the City’s adopted REACH Codes per Section 4.106.4.2 (as the same may be renumbered or amended from time to time)
Electric vehicle (EV) parking requirements are required under the California Building Standards Code (Building Code) and the city has increased the requirements for EV parking under the city’s adopted REACH codes. The REACH codes are the city’s local amendment to the Building Code and under State Density Bonus Law, a developer cannot receive a development concession for a requirement under state law; therefore, the standards under the Building Code and more specifically the mandatory measures for EV parking under the California Green Building Standards Code would still apply.

Additionally, although the project is eligible to eliminate all parking spaces under State Density Bonus Laws because it is a 100% affordable housing project within one-half mile of a major transit stop, since the project is providing parking, the project is required to provide the minimum standards pursuant to the Building Codes and REACH code. Currently, Section 4.106.4.2 of the Los Altos Municipal Code requires for all multifamily affordable housing projects, a minimum of 10 percent of the dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready space and the remaining dwelling units with parking space(s) shall each be provided with at least one Level 1 EV ready space. For the 90 parking spaces being provided, nine spaces would be required to be Level 2 EV ready and 81 spaces Level 1 ready. Absent of the REACH codes, the California Green Building Standards (Cal Green) (adopted as part of the Building Code) requires 10 percent of the parking spaces be EV ready. The applicant has submitted information that the estimated cost for EV ready improvements is approximately $1,000 per space or an additional $81,000 for the additional 81 EV ready parking spaces under the REACH code.
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Please be advised that compliance review with the EV parking requirement is determined with the building permit and similar to other Building Code compliance requirements, the requirement that is in effect at the time of Building Permit submittal is the effective requirement. Therefore, the city can approve a concession to eliminate the REACH code EV parking requirement, but the number of EV parking spaces would still need to comply with the requirements of the Building Code (Cal Green) that are in effect at the time of building permit submittal. The city has made the applicant aware of changes to the Cal Green EV parking standards that become effective with the 2022 Building Code adoption cycle.

Finding 1: The concession requested will not result in an identifiable and actual cost reduction to provide for affordable housing cost.

Staff review: This finding cannot be made. The elimination of additional EV ready spaces would result in lowering the cost of installing the infrastructure of the EV equipment detailed above which reduces the overall costs of building the affordable units.

Finding 2: Granting the concession would violate federal or state law; or Staff review: This finding cannot be made since eliminating the REACH code requirement for providing the EV parking is a local amendment to the Green Building Standards. The project would still need to comply with the requirement of the State Building Standards that are in effect at the time of Building Permit submittal.

Finding 3: Granting the concession would have a specific, adverse impact on public health or safety that cannot be mitigated feasibly, or on real property listed in the California Register of Historic Resources.

Staff review: This finding cannot be made because the project site is not listed in the California Register of Historic Resources. Granting the local EV Ready requirement elimination does not adversely impact the public health or safety.

In summary, the first three of the concessions would facilitate construction at a higher density, which will reduce soft costs per unit, and the fourth concession for relief from the city’s EV parking requirements would reduce direct project costs. A conforming project without the benefit of the development concessions would result in a project with less floor area and units and therefore higher soft costs per unit.
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Additionally, the applicant states that as a 100 percent affordable project, the higher cost per unit makes this a less competitive project when trying to leverage additional funds at the State and Federal level.

Requested Waivers
In addition to requesting concessions, density bonus projects are typically eligible for waivers of any development standards that would physically preclude the construction of a project with the density bonus and the incentives or concessions to which the development is entitled; however, per State Density Bonus Laws, development waivers are optional for 100 percent affordable projects within one-half mile of a major transit stop since the project is entitled up to a 33-foot building height increase and are at the discretion of city council approval.

Standard (in CT zone) Proposed Waivers
Design Control

14.50.170 C (5) a.

Building Design.

Interior Courtyard.

Interior courtyard must
be partially visible from
the street and linked to
the street by a clear
accessible path of travel
Raised courtyard on
level 2 not visible
from the street.

Access to courtyard
and exit via stair.

Waiver-1
Design Control

14.50.170 D (4) a.

Materials. Materials
Defining Building
Elements.

For multistory elements,
the base of the building
shall be defined by a
distinct material selected
from among the
following: stone, brick,
concrete, CMU, or
stucco (“base material”)
Wood serves as a
distinct material
Waiver-2
CT required conditions

14.50.060 C. 2. Access
and screening of refuse
collection
Every development will
be required to provide
suitable space on-site for
solid waste separation,
collection, storage and
pick up and shall site
these in locations that
Solid waste
separation, collection
and storage are onsite, but the pickup is
proposed to be in the
service staging area
Waiver-3
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facilitate access,
collection, and minimize
any negative impact on
persons occupying the
development site,
neighboring properties,
or public right-of-way
on the public rightof-way
The applicant has requested three waivers that are necessary to the project as proposed. Because the project is a 100 percent affordable project, exclusive of the managers units, with 63 percent of the units for Very-Low and Extremely Low Income households, and because the City is a co-sponsor of the project and the project will help the City meet Regional Housing Needs Allocation (RHNA) targets at multiple affordability levels, staff recommends granting the optional waivers.

A waiver cannot be granted if doing so would have violate state or federal law or if the waiver would have a specific, adverse impact on public health or safety that cannot be mitigated feasibly, or on real property listed in the California Register of Historic Resources. Also, ordinarily an applicant must demonstrate that not granting the waiver would physically preclude the applicant from constructing a project that the applicant wants to construct at the allowed density and with the concessions granted.

Because the waivers requested here are optional and no density limit applies to the project, other relevant factors may be considered. These factors may include, for example, the ability to provide parking even though no parking is required for the project (as discussed below), the desire otherwise to maximize the use of the site for affordable housing or to provide suitable amenities and services to residents, cost savings for affordable housing (like with a concession), the inability to achieve a concession or to realize its cost saving benefits without a waiver, or flexibility to achieve a superior design.

Waiver #1: No visibility and direct access to street from the second-floor interior courtyard whereas Design Control Section 14.50.170 C (5) (a) of the CT zoning district requires for interior courtyards partially visible from the street and linked to the street by a clear accessible path of travel visibility from street and lined to the street by a clear accessible path of travel to propose no visibility pursuant to Design Control
In the proposed design, the street frontage includes common amenity space and the parking garage which are suitable amenities and services provided to residents making the private courtyard raised to the second floor and surrounded by residential units, making it a private amenity for the residents. 24 Agenda Item 2.
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Findings: A waiver cannot be granted if doing would have violate state or federal law or if the waiver would have a specific, adverse impact on public health or safety that cannot be mitigated feasibly, or on real property listed in the California Register of Historic Resources.

Staff Review: The findings cannot be made because approving the requested waiver would not violate any State or Federal law and would not have an adverse impact on the health or safety.

Additionally, the property is not listed and will not impact any property listed in the California Register of Historic Resources. The waiver would benefit the project and result in a superior design because it allows on-site parking and common area amenities for the residents while also allowing the residents to have access to a common open space for passive use or recreational purposes.

Waiver #2: Temporary placement of refuse and recycling containers within the public right-of-way whereas Section 14.50.060 C 2. of the CT zoning district requires separation, collection, storage and pick-up is located in areas that minimize any negative impact on persons occupying the development site, neighboring properties, or public right-of-way.

The applicant states that the refuse collections operations would include that the building maintenance staff to stage the refuse containers on Distel Circle on the collection day(s) and return the containers to the collection room after the refuse has been collected. The more permanent location for the refuse containers will be inside the collection room where collection, separation and storage will be handled, but inaccessible by waste hauling trucks.

Findings: A waiver cannot be granted if doing would have violate state or federal law or if the waiver would have a specific, adverse impact on public health or safety that cannot be mitigated feasibly, or on real property listed in the California Register of Historic Resources.

Staff Review: The findings cannot be made because the temporary staging of refuse containers for pick up on collection days does not violate state or federal law. The temporary staging of refuse containers on the street is limited to collection times and it would not result in an impact on public health and safety since the receptacles would not be located in the travel lanes of the street and would not inhibit traffic circulation. Additionally, the property is not listed and will not impact any property listed in the California Register of Historic Resources.

Waiver #3: Use of wood as a distinct base material whereas Design Control Section 14.50.170 D (4) a. of the CT zoning district requires distinct material options of stone, brick, concrete, CMU, or stucco as the base material.
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Wood is not part of the standard base material listed in Section 14.50.170 D (4) a. LAMC. The proposed project design is using mass timber for the construction of the base of the building and therefore the materials listed in the zoning code would physically preclude this material being used.

The use of mass timber wood at the base has architectural integrity with the overall building design yet contrasts with the upper stories and creates a visual differentiation at the pedestrian level.

Findings: A waiver cannot be granted if doing would have violate state or federal law or if the waiver would have a specific, adverse impact on public health or safety that cannot be mitigated feasibly, or on real property listed in the California Register of Historic Resources.

Staff Review: The findings cannot be made because granting the use of mass timber does not violate State or federal law and would not adversely impact public health and safety or impact any real property listed in the California Register of Historic Resources. Furthermore, the use of mass timber as the base material provides a similar architectural and design objective as the materials listed in the zoning code. Additionally, mass timber is a superior material considering its sustainability as compared to the materials in the zoning code.

Discretionary Entitlements
The project requires a Design Review Permit and a Conditional Use Permit, as discussed in greater detail below. Because at least 20 percent of the units in the project would provide housing for households at or below 60 percent of Area Median Income, the Housing Accountability Act states at Government Code Section 65589.5(d) that the City cannot deny the project or approve it subject to conditions of approval that would make the project infeasible for housing at the levels of affordability proposed, unless one of the following findings can be made:
(1) The City has met its RHNA targets for the current housing cycle at each of the affordability levels proposed for this project;
(2) Denial or the imposition a condition of approval that would have the effect of rendering the project infeasible for affordable housing is necessary to avoid a violation of state or federal law;
(3) The project site is located on land for agriculture or resource preservation and either: (1) the site lacks adequate water or wastewater facilities, or (2) the project site is surrounded on at least two sides by land used for agriculture or resource preservation; (4) The project would have a specific, adverse, and unmitigable impact on public health or safety; or
(5) All the following are true: (1) the project is inconsistent with the zoning ordinance; (2) the project is inconsistent with the applicable general plan land use designation; (3) the City has a 26 Agenda Item 2.
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certified Housing Element; and (4) the project site is not identified in the Housing Element inventory or is proposed at a greater density than projected in the inventory.

Even if one of the foregoing findings can be made, under Government Code Section 65589.5(j), the project must be approved at the density proposed if it complies with all applicable objective standards, unless the project would have a specific, adverse, and unmitigable impact on public health or safety, as defined in the statute. A project is deemed to be consistent with an objective standard unless notice of inconsistency was provided to the applicant pursuant to Government Code Section 65589.5(j)(2).

Finding 1. The City has met its RHNA targets for the current housing cycle at each of the affordability levels proposed for this project;
Staff Review: The findings cannot be made. The city has not met its RHNA targets for the current housing cycle at each of the affordability levels of the project.

Finding 2: Denial or the imposition a condition of approval that would have the effect of rendering the project infeasible for affordable housing is necessary to avoid a violation of state or federal law; Staff Review: The findings cannot be made. The city has not imposed a condition of approval or recommends denial that would result in rendering the project infeasible for affordable housing to avoid a violation of state or federal law.

Finding 3: The project site is located on land for agriculture or resource preservation and either: (1) the site lacks adequate water or wastewater facilities, or (2) the project site is surrounded on at least two sides by land used for agriculture or resource preservation; Staff Review: The findings cannot be made. The project site is in an urban infill site, surrounded by urban land uses and has an existing functional facility with adequate water and wastewater services.

Finding 4: The project would have a specific, adverse, and unmitigable impact on public health or safety; or
Staff Review: The findings cannot be made. The project site does not have a specific, adverse and unmitigable impact on public health. The project will be considered as a Class 32 categorical exemption pursuant to the guidelines and standards under the California Environmental Quality Act and a detailed analysis has been conducted to make this determination. There is no specific, adverse, or unmitigable impact on public health or safety as a result of the proposed project.
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Finding 5: All the following are true: (1) the project is inconsistent with the zoning ordinance; (2) the project is inconsistent with the applicable general plan land use designation; (3) the City has a certified Housing Element; and (4) the project site is not identified in the Housing Element inventory or is proposed at a greater density than projected in the inventory.

Staff Review: The findings cannot be made. The project is consistent with the zoning ordinance and applicable general plan land use designation, and the city has a certified Housing Element. The city is currently updating the Housing Element (6th cycle) and the public available draft does not identify the project site as a housing opportunity site.

Therefore, pursuant to the Housing Accountability Act, the city cannot deny the project or approve it subject to conditions of approval that would make the project infeasible for housing at the levels of affordability proposed and the project must be approved at the density proposed.

Design Review
Pursuant to Section 14.76.060 LAMC, Design Review Findings, the City Council needs to make the following findings for the approval of the Design Review Permit.

A. The proposal meets the goals, policies and objectives of the general plan and any specific plan, design guidelines and ordinance design criteria adopted for the specific district or area.

Staff review: Conformance of the project proposal to the zoning standards for CT district is shown in Table 1 above. The proposal meets the goals, policies and objectives of the General Plan, design guidelines and ordinance design criteria adopted for the Commercial Thoroughfare District. With the requested concessions and waivers, the project complies with the objective design standards.

B. The proposal has architectural integrity and has an appropriate relationship with other structures in the immediate area in terms of height, bulk and design.

Staff Review: The proposal demonstrates architectural integrity while meeting most of the city’s adopted design standards required in the CT zoning district. The Project is eligible for density bonus concessions and waivers. The applicant requests concessions and waivers to the objective design standards. The immediate area has structures that are 4-5 story tall structures, quite similar in scale and proportion to the proposed project. The relationship of this proposal with the neighboring structures and that of the recently approved projects in the area will result in harmonious buildings as envisioned in the General Plan for this zone and the El Camino Corridor Vision.
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C. Building mass is articulated to relate to the human scale, both horizontally and vertically. Building elevations have variation and depth and avoid large blank wall surfaces. Residential or mixed-use residential projects incorporate elements that signal habitation, such as identifiable entrances, stairs, porches, bays, and balconies.

Staff Review: The project conforms to the city’s adopted objective design standards with eligible concessions and waivers as noted in the agenda report. The bulk and massing have been appropriately scaled using architectural design elements such as metal screens, façade material separation into primary and secondary bays, mass timber canopy at the first floor, to articulate the human scale. The first-floor landscaping and primary façade make an inviting space to signal habitation in the amenity space while providing human scale to the five-story building. Each entrance has projecting wooden pergola elements and the pedestrian entrance is set inside. The walls are made of glass providing a visual connection between the outside and inside space enhancing the signs of habitation.

D. Exterior materials and finishes convey high quality, integrity, permanence and durability, and materials are used effectively to define building elements such as base, body, parapets, bays, arcades, and structural elements. Materials, finishes, and colors have been used in a manner that serves to reduce the perceived appearance of height, bulk, and mass, and are harmonious with other structures in the immediate area.

Staff review: The exterior base material is mass timber which is an alternative to the standard list of base materials; however, the applicant requests a development waiver. Although this is not part of the standard pre-approved for the base material, the mass timber as a material choice brings a high-quality architectural character to the structure while rendering a warm welcoming experience to the pedestrian environment. The exterior material of the upper floors is primarily stucco with highlights of wood panels, metal railings, wood composite railings and white metal and vinyl windows. All facades show accents of perforated metal screens which provide relief to a long façade in addition to the primary and secondary bays. The materials above in the second thru fifth floor are alternating dark grey and light grey stucco to highlight the prima ry and secondary bays. Each floor has a horizontal band showing visual separation for each floor.

These materials and finishes are used in the manner to reduce the bulky nature of the five-story building and are harmonious with the other structures in the immediate area.

E. Landscaping is generous and inviting, and landscape and hardscape features are designed to complement the building and parking areas, and to be integrated with the building architecture and the surrounding streetscape. Landscaping includes substantial street tree canopy, either in the public right-of-way or within the project frontage.
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Staff review: The landscape plan (Sheet L2.1 of Attachment M) shows six new proposed street trees along the Distel Circle frontage. There are twenty-seven peripheral trees and shrubs proposed along the side and rear setback. Additional six trees in planter boxes with other landscape features are shown in the 5,530 square foot courtyard space (Sheet L2.2) Landscaping is generous and inviting. The project incorporates the appropriate designed hardscape and softscape features at the lobbies and entrances to signify entry elements. The tree canopy is substantial along the main Distel Circle side as well as the side setback areas. The landscaped courtyard area includes amenities such as play mounds, waterlily balance play structure, community garden planters, and gathering space with seating areas. The courtyard also has large trees in planters.

F. Signage is designed to complement the building architecture in terms of style, materials, colors, and proportions.

Staff Review: The architectural rendering indicates entrance signage which complement the building architectural style. A sign permit review is required if the project is approved.

G. Mechanical equipment is screened from public view and the screening is designed to be consistent with the building architecture in form, material, and detailing.

Staff review: The rooftop mechanical and other mechanical equipment appear to be set inside and appropriately screened from public view using a roof screen which is consistent with the building. Surface area for photovoltaic panels are set inside from the parapet line on the rooftop. These are consistent with the building architecture in form, material, and detailing.

H. Service, trash, and utility areas are screened from public view, or are enclosed in structures that are consistent with the building architecture in materials and detailing.

Staff review: The refuse collection room on the first floor is screened from public view and enclosed. Per requested waiver #2, temporary staging of refuse containers is requested to be located on Distel Circle on collection days. The location and design of the service, trash and utility areas are integrated well into the building architecture and is consistent with the rest of the building with the material use and detailing.

Conditional Use Permit Review
To grant Conditional Use Permit UP19-001, the City Council must make the following findings in accordance with Chapter 14.80.060 of the LAMC:
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A. That the proposed location of the conditional use is desirable or essential to the public health, safety, comfort, convenience, prosperity, or welfare.

Staff review: The proposed multi-family residential building is envisioned as a conditional use in the General Plan and has been reviewed and conditioned for approval for health and safety and environmental considerations. Based upon the technical reports and the categorical infill exemption for the project, there is evidence that the project will have no significant impact on the surrounding community. The project will enhance the affordable housing stock and make available more homes to enhance comfort, prosperity, and welfare of the community, furthering the City’s housing goals.

B. That the proposed location of the conditional use is in accordance with the objectives of the zoning plan as stated in Chapter 14.02 of this title;
Staff review: The project is categorically exempt from CEQA as an infill project, and it will meet many of the goals and objectives of the General Plan and complies with the City’s inclusionary housing requirements. Pursuant with State Density Bonus requirements, the project complies with the density bonus and avails additional height increase and parking reduction standards. The requested concessions and waivers are in compliance with the density bonus allowances. The project meets all the City’s design policies and objectives, as set forth above with respect to the Design Review Permit findings. Notwithstanding the requested concessions and waivers, the project complies with all the objectives set forth in Section 14.02.020 of the Los Altos Municipal Code.

C. That the proposed location of the conditional use, under the circumstances of the particular case, will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

Staff review: Because the project is categorically exempt as an infill project, the development of a housing project at 330 Distel Circle will not be detrimental to the health and safety, comfort, convenience, prosperity or welfare of persons residing or working in the vicinity to property or improvement in the vicinity.

D. That the proposed conditional use will comply with the regulations prescribed for the district in which the site is located and the general provisions of Chapter 14.02; Staff review: Notwithstanding the density bonus concessions, waivers and approvals which is consistent with State Law, the proposed conditional use of a multi-family residential project 31 Agenda Item 2.
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complies with the regulations prescribed for the CT district as detailed in the staff report analysis and development standards Table 1.

Multi-modal Transportation Review
Pursuant to Section 14.78.090 of the Zoning Code, an application for City Council design review shall be subject to a multimodal transportation review and recommendation to the Planning Commission and City Council by the Complete Streets Commission as part of the approval process to assess potential project impacts to various modes of transportation such as but not limited to bicycle, pedestrian, parking, traffic impacts on public streets, and/or public transportation.

For the Commercial Thoroughfare (CT) Zone, all projects are required to comply with the provisions of off-street parking, off street loading, parking design and access, site circulation and access, service area and screening and off-street Loading for residential sections of the LAMC chapter 14.50.

General Plan Circulation Element/Transportation Impact Analysis Regarding transportation impact analysis, the Circulation Element in the General Plan includes Implementing Programs C7 and C8 that outlines the criteria for reviewing traffic and circulation impacts for new development.

Implementing C7 states:

Maintain a minimum Level of service “D” operating standard at all signalized intersections under Los Altos jurisdictions. Identify minimum Levels of Service for intersections shared with adjacent communities and pursue agreements with adjacent communities to maintain those intersections at the agreed upon Level of Service.

Implementing Program C8 states:

Require a transportation analysis for all development projects resulting in 50 or more net new daily trips. The analysis shall identify potential impacts to intersection and roadway operations, project access, and non-automobile travel modes, and shall identify feasible improvements or project modifications to reduce or eliminate impacts. Impact significance should be consistent with the criteria maintained by the Santa Clara Valley Transportation Authority. City staff should have the discretion to require focused studies regarding access, sight distance, and other operational and safety issues.

Implementing programs C7 and C8 also states that the City should maintain a minimum Level of Service (LOS) "D" operating standard at all signalized intersections under Los Altos jurisdiction and 32 Agenda Item 2.
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that only after preparation of an environmental impact report with associated findings, accept LOS E or F operations at City-monitored signalized intersections after finding that no practical and feasible improvements can be implemented to mitigate the lower levels of service. This effectively established a significance threshold that was implemented under the California Environmental Quality Act (CEQA).

In 2013, Senate Bill 743 was signed by Governor Brown. SB 743 directed the State Office of Planning and Research (OPR) to develop new CEQA guidelines and to replace Level of Service (LOS) as the evaluation measure for transportation impacts under CEQA with another measure such as Vehicle Miles Traveled (VMT). In December 2018, the California Natural Resources Agency adopted new CEQA Guidelines including sections to implement SB 743. In that update, every project was required to, among other things that: a project’s effect on automobile delay (i.e., Level of Service) shall not constitute a significant environmental impact under CEQA. It also stated that a lead agency must adopt the provisions no later than July 1, 2020. VMT is the most appropriate measure of transportation impacts; and a lead agency has the discretion to choose the most appropriate methodology to evaluate a project’s VMT.

It should be noted that SB 743 does not preclude cities from retaining General Plan policies related to LOS. Furthermore, cities may continue to require transportation analyses of a project’s consistency with the adopted LOS goals and/or other operational issues related to transportation. The City’s General Plan Circulation Element has Level of Service (LOS) guidelines, which can form the basis of conditions of approval. The project has been analyzed for compliance with these guidelines as detailed in the Transportation Analysis report (Exhibit B1)
The results of the intersection level of service analysis under existing conditions, near-term conditions, and cumulative conditions, with and without the project determined that the addition of project trips would not adversely affect traffic operations at the signalized study intersections because these trips would not increase the average delay at the intersection by more than four seconds.

The unsignalized intersections of San Antonio Road and Jordan Avenue and Distel Circle and El Camino Real operate at an unacceptable level of service during at least one peak hour under all study scenarios, without and with the project, therefore, a signal warrant check was conducted for the intersections based on the peak-hour traffic warrant. However, the analysis shows that the signal warrant is not met at either of these intersections.

The analysis also made additional conclusions and recommendations for the project:
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Recommendation: On-street parking should be prohibited approximately 40 feet to the south and 35 feet to the north of the project driveway. This would provide adequate sight distance for exiting drivers at the driveway to see the oncoming traffic along Distel Circle. The project driveway should also be free and clear of any obstructions such as shrubs or other landscape features to optimize sight distance, thereby ensuring that exiting vehicles can see pedestrians on the sidewalk and other vehicles traveling on Distel Circle.

Staff review: Staff concurs with the recommendation for eliminating on-street parking adjacent to the project site driveway and has included a condition of approval in the draft resolution (Item 1(e))(see Attachment A)
Recommendation: The site plan does not provide the height of the pit for the three-level mechanical stacker. Minimum 7 feet deep parking pits should be provided to accommodate the height of a design vehicle.

Staff review: Staff concurs with this requirement and has included a condition of approval in the draft resolution (Item 1(f)) (see Attachment A)
Recommendation: The applicant should work with the City and Mission Trail Waste Systems to design a plan for waste collection service.

Staff review: Staff concurs with this requirement and has included a condition of approval (Item1(g)) in the draft resolution (Attachment A) to address waste collection services.

VMT analysis:

With regards to VMT, the City had not adopted formal standards by July 1, 2020; however, in lieu of formal adoption, the Planning Division developed interim guidance for City review of projects to evaluate VMT impacts based on OPR Technical Advisory. The interim VMT policy, currently in effect, has set a standard for VMT for residential projects. The nine-county regional average for residential VMT per capita threshold is set at 13.95 VMT per capita for residential. If a project is 15% below this regional average (or 11.86), then a project is considered to not have a significant environmental impact. Per the Santa Clara County map based VMT evaluation tool, the project site is located within the area with a residential VMT per capita of 9.51 without the project, which is below the threshold set forth in the Interim VMT policy. Therefore, the project would also be screened out from further analysis using the threshold of significance in the Interim VMT policy. Refer to Attachment B, Exhibit B1 for more details on the transportation analysis. 34 Agenda Item 2.
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The City’s Draft VMT Policy, which hasn’t been adopted, also has screening criteria wherein projects with 100 percent affordable housing shall be presumed to have a less than significant transportation impact on VMT. Attachment B, Exhibit B1 has details of the transportation analysis for this project.

Since the project proposes 100 percent affordable housing, it is presumed to have a less-than significant transportation impact on VMT and is screened out from further VMT analysis.

In summary, the project is screened out from further VMT analysis if the Interim Departmental VMT guideline is applied since the project is in an area that is more than 15% below the regional VMT per capita average for residential development and since the project is 100 percent affordable which the draft VMT policy assumes to have a less than significant impact to per capita VMT.

Density Bonus and Parking
Pursuant to Government Code Section 65915 (p)(3), and Section 14.28.040 Table F of the Los Altos Density Bonus Ordinance, any project that is 100 percent affordable and has unobstructed access to a major transit stop located within a one-half mile radius does not require any vehicle parking. This special parking reduction is allowed in addition to any requested development concession or waiver.

In lieu of the required parking elimination, the Applicant proposes 90 parking spaces. Additional discussion is provided below regarding the proposed parking.

Off Street Parking
The proposed project is located within one-half mile of a major transit stop on El Camino Real (see Attachment D and D1.) The VTA stop on El Camino Real and Showers Drive qualifies as a major transit stop, which is 0.4 miles from the project site with a continuous sidewalk access to reach the stop. Pursuant to Government Code Section 65915 (p)(3), any project that is 100 percent affordable and located within one half mile radius within a major transit stop with an unobstructed access to the stop does not require any parking. The proposed project includes 90 parking spaces even though none are required
The garage is located on the first floor of the project which has two rows of parking stalls with a 24- foot drive aisle. One row of parking stalls contains 69 parking stalls within a mechanical parking lift system. The lift system is designed as a three-level stacking solution with one level of parking platforms lowered into a pit, a second level at grade, and third stacked above. The opposite row contains regular at-grade stalls. The parking also provides for electric vehicle (EV) parking provisions, accessible parking, and a loading area. Details of the parking can be found in Sheets A2.1 and A3.0 of the design plans (Attachment M).
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Since, vehicle parking requirements are eliminated for this project, any parking provided exceeds the minimum required.2
On-Street Parking
According to Attachment B, Exhibit B1 Transportation analysis reports that the on-street parking should be prohibited for approximately 40 feet to the south and 35 feet to the north of the project driveway. This would provide adequate sight distance for exiting drivers at the driveway to see the oncoming traffic along Distel Circle. The project driveway should also be free and clear of any obstructions (such as shrubs or other landscape features to optimize sight distance) thereby ensuring that exiting vehicles can see pedestrians on the sidewalk and other vehicles on Distel Circle.

The city of Los Altos has received complaints regarding the parking of commercial vehicles on Distel Circle and Distel Drive and will be posting signs in the near future to prohibit parking of commercial vehicles on those streets.

Off-Street Loading
Per LAMC 14.50.180 off-street loading for a multi-family residential project is required to accommodate on-site loading/unloading space to accommodate the deliver and shipping of goods.

The requirements for off-street loading and the project’s proposal are listed in Table 2 below.

Table 2 Off-street Loading for CT district
Standard
LAMC 14.50.180
Proposed Conforms
(Yes/No)
Notes
One Loading/Unloading space
provided, at least 10 ft X 25ft
Vertical Clearance 14ft
One loading space
provided 12ft X 27ft
Vertical Clearance –
14’6”
Yes Attachment M:

Sheet 2.1
Sheet A3.0
Loading and unloading spaces shall
be located and designed so that the
vehicles intended to use them can
The unassigned spaces
70-72 is intended to be
utilized for loading and
Yes Attachment M:

Sheet 2.1
2 Since parking is being provided, minimum requirements for accessible parking and electric vehicle charging must be provided consistent with Building Code requirements.
36 Agenda Item 2.
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Subject: 330 Distel Circle – 90-unit Affordable Housing Project August 18, 2022

maneuver safely and conveniently to
and from a public Right-of-way
without interfering with the orderly
movement of traffic and pedestrian
on any public way and complete the
loading and unloading operations
without obstructing or interfering
with any parking space or parking lot
aisle.
unloading. The drive
aisle will not be
occupied.

No area allocated to loading and
unloading facilities may be used to
satisfy the area requirements for offstreet parking, nor shall any portion of any of off-street parking area be
used to satisfy the area requirements
for loading and unloading facilities.

The parking
requirement for offstreet parking is over
the required threshold.

See Section off-street
parking above.

Yes. Attachment M:

Sheet 2.1
Spaces 70-72
designated as
loading/unloading
spaces.

A loading/unloading space may be
located in the front yard setback but
shall comply with other required
setbacks.

Not Applicable (N/A) N/A
All loading spaces shall be designed
and maintained so that vehicles do
not back in from, or onto, a public
street;
Loading space is inside
the garage backing out
to a private drive
Yes Attachment M:

Sheet 2.1
Loading spaces shall be striped
indicating the loading spaces and
identifying the spaces for "loading
only." The striping shall be
permanently maintained by the
property owner/tenant in a clear
and visible manner at all times.

Not striped but
labelled as loading
above spaces 70-72
Conditional
approval
Attachment M:

Sheet 2.1
Adequate signage shall be provided
that directs delivery vehicles to the
loading space.

Not available Conditional
approval
Attachment M:

Sheet 2.1
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The loading/unloading spaces marked on Sheet 2.1 of Attachment M is intended to occupy parking spaces numbered 70-72. Staff recommends that the applicant comply with the conditional striping and signage requirement as detailed in Table 2 above to ensure that this space is dedicated for loading/unloading purposes for the proposal to be more consistent with the off-street loading requirements. Condition of approval Item 1(d) of Attachment A reflects this striping requirement for loading/unloading space.

Public Transit
The closest bus stops are located approximately 0.1 mile from the subject site at El Camino Real and Distel Circle, which is considered an acceptable walking distance. Local VTA route 22 and Route C shuttle of the Mountain View Go mobility service.

El Camino and Showers is located at 0.4 miles away from the subject site, which is also considered acceptable walking distance. Local VTA route 22 and rapid bus line 522 provide service at this stop with less than 15-minute intervals during peak hour commute. Routes 22 and rapid 522 provide service between Palo Alto Transit Center and Eastridge. In addition to this, route number 40 intersects at this location providing service from Foothill College to Mountain View transit Center via North Bayshore.

Bicycle and Pedestrian
As recommended by the VTA guidelines, multiple family residential projects should provide one Class I bicycle parking space for every three units and one Class II bicycle parking space for every fifteen units (but no less than two). The Project is providing forty-five Class I bike lockers and ten Class II bicycle rack, whereas thirty-five Class I and six Class II bicycle parking spaces are required.

The Class I bicycle parking spaces would be located on the ground level in a closed room that is assumed to have lockable hardware (see Sheet L1.1 of Attachment M). The Class II spaces are at street level in front of the building (see Sheet L1.1 of Attachment M). With regards to the nearest dedicated bicycle facility, a Class II bicycle lane exists along San Antonio Road.

A sidewalk currently exists along the street frontage. The nearest improvement planned in the Complete Streets Master Plan is on Distel Drive as seen in the preliminary maps. 3 3 See maps https://losaltoscompletestreets.com/wp-content/uploads/2021/03/Concept-Plan-Line-DistelDrive_Public_v2.pdf 38 Agenda Item 2.
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The schools serving the site are Almond Elementary, Egan Middle School, and Los Altos High School.

The City of Los Altos recently completed suggested “Walk n’ Roll” maps for each school and suggested proposed improvements for some of the schools including the ones utilized by this Project4.

No improvements are planned on the suggested routes and there is no nexus to require the proposed project to contribute to those improvements.

Public Notification and Correspondence
For this meeting, a public hearing notice was published in the Town Crier, and mailed to 455 property owners and 534 current tenants within 1,000 feet of the site (Attachment M). Four large public notice billboard with color renderings was installed along the project’s Distel Circle frontage in conformance with the story pole exception approved by the City Council on March 22, 2022 (Resolution 2022-13, Attachment C).

All public correspondences received prior to the publication of this report are contained in Attachment F.

Options
Complete Streets Commission Recommendation
Consistent with the zoning code provisions, the CSC is recommended to adopt a motion recommending the project to the Planning Commission. The CSC can recommend denial with justification(s) for denial or approval with or without recommendations that could be incorporated as conditions of approval. If making specific recommendations for conditions, the Commission should state the justification for each condition with an understanding that the condition cannot lower the density of the proposed development, that there is nexus and proportionality to the request, and is feasible to incorporate into the proposed design. Because the project is an affordable housing project, a condition of approval also may not render the project infeasible for affordable housing at any income level.

Planning Commission
The Planning Commission is recommended to adopt a motion recommending approval, approval with modifications or incorporated as conditions, or denial of the proposed project with justification(s) for denial. If making specific recommendations for conditions, the Commission should 4 See maps found here: https://losaltoscompletestreets.com/suggested-routes-to-school/ 39 Agenda Item 2.
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state the justification for each condition with an understanding that the condition cannot lower the density of the proposed development, that there is nexus and proportionality to the request, and is feasible to incorporate into the proposed design. Because the project is an affordable housing project, a condition of approval also may not render the project infeasible for affordable housing at any income level. Once the Planning Commission makes a recommendation, the Project will be forwarded to the City Council for consideration and final action.
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CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org
Expanding the range of opportunities for all by
developing, managing and promoting quality
affordable housing and diverse communities.

Distel Circle Apartments
Density Bonus Report – Planning Application
July 74, 2022
Project: 90-Unit Multifamily Affordable Housing Community Location: 330 Distel Circle, Los Altos (APN# 170-04-051) Current Landowner: Midpen Regional Open Space District
Applicant/Developer: EAH Housing
As a permanently affordable rental community incorporating a mix of unit types and a range of rent tiers that supports a diversity of income-eligible tenants earning incomes from 30% to no more than 80% of Area Median Income (AMI), the 330 Distel Circle development is eligible for a density bonus in accordance with California Government Code Section 65915 et seq. (“Density Bonus Law”).

EAH as the applicant is requesting an increase in the density allowable at 330 Distel Circle and other incentives, waivers, concessions, and parking reductions allowed by the Density Bonus Law.

Requested Density Bonus
Density Bonus is considered in the LAMC section 14.28.040 (C) and contemplates density bonus up to 35% depending on both the affordability and the number of restricted units. The LAMC also has a provision that can provide a for additional density bonus 14.28.040 (E)(7) which states: Nothing in this section shall be construed to prohibit the city from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section.

The California Government Code Section 65915 also allows for unlimited density for 100% affordable developments that are withing one-half mile from a major transit stop, section 65915 (f)(3)(D)(ii). 330 Distel Circle is within one-half mile from a major transit stop (please see Memorandum on Consistency with Density Bonus Provisions - Glaser Weil).

In alignment with the MOU between the City of Los Altos and the County of Santa Clara, that acknowledges the development to contain a minimum of 90 units at 330 Distel Circle, EAH is requesting a density bonus to allow for 103.45 units per acre.
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CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org
The California Government Code Section 65915(d)(2)(D) allows for a height increase of an additional 3 stories or 33 feet for 100% affordable housing developments. The current zoning district (CT) allows for structures up to 45 feet in height and considering the additional 33 feet allowed by the Density Bonus Law, a building up to 78 feet would be consistent with the height allowed under the law. The proposed building height at 330 Distel Circle is 64 feet and consistent with Density Bonus Law.

Zoning Commercial Thoroughfare District (CT)
General Plan Thoroughfare Commercial
Maximum Density 38 dwelling units per net acre (dua)
Site Size 38,030 sf (0.87 acres)
Units Permitted 0.87 X 38 = 33.06 units
Total Units Proposed 90 units
Proposed Affordable Units 88 units (100% exclusive of managers units) Proposed Bonus Percentage 90 ÷ 33 =272%
Number of Density Bonus Units 90 – 33 = 57 units
Proposed Density Per Acre 90 ÷ 0.87 = 103.45 dua
Proposed Market Rate Bedrooms 0
Proposed Affordable Unit Bedrooms 155
Proposed Manager’s Unit Bedrooms 4
Unit Mix – 330 Distel AMI
SQFT PU 30% 50% 60% 80% Unit Total Unit Mix
SRO/Efficiency 465 14 3 7 - 24 27%
1-BR 645 9 3 7 1 20 22%
2-BR 965 12 3 4 2 21 23%
3-BR 1140 10 3 7 3 23 26%
4-BR 0 - - - - - 0%
MGR 965 2 2%
Unit Total 45 12 25 6 90 100%
Affordability Dist. 50% 13% 28% 7% 100%
Average Affordability 44.66%
The existing use of 330 Distel Circle is a single-story office building that is owned and occupied by Midpeninsula Regional Open Space District. There are currently no dwelling units on the site nor has there been in five years preceding the date of submittal of this application.

There are no recorded covenants, ordinances or laws applicable to the site that restrict rents. 2368
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CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org
Requested Incentives and Concessions
The applicant is requesting the following four (4) concessions:
 Reduced Front Yard Set Back
 Reduced Front Side Step-back
 Reduced Average-Per-Unit Open Space Provided
 Reduced EV Ready Parking Stalls
Reduced Front Yard Set Back
Los Altos Municipal Code (LAMC) section 14.50.090 has a standard of a 25-foot minimum depth of which 50% of the area should be landscaped. We are requesting a reduction in the minimum setback from 25 feet to 10 feet. LAMC Section 14.28.040 (F)(1)(e) allows for an On-Menu incentive to reduce the setback requirement by up to 20%. However, the reduction requested is greater than 20% and therefore is considered an off-menu request.

Reason for Request: The reason for this request is because a 25-foot setback would decrease the building area and thereby decrease the unit count.

Reduced Front Side Step-back
LAMC 14.50.170 (B)(1)(b) requires a minimum step-back of 10 feet from the ground floor façade for stories above 45 feet. EAH is requesting no step-back on the 4th and 5th levels. This is an off-menu request because step-back reductions are not an on-menu incentive.

Reason for Request: The reason for this request is because a step-back on the 4th and 5th level would decrease the building area and thereby decrease the unit count.

Reduced Average-Per-Unit Open Space Provided
LAMC 14.50.150(A) requires that an average of fifty (50) square feet of private open space shall be provided for the total number of dwelling units within the project. EAH is requesting a reduction in the average square feet of private open space from 50 to 25 square feet. LAMC Section 14.28.040 (F)(1)(f) allows for an On-Menu incentive to reduce the open-space requirement by up to 20%. However, the reduction requested is greater than 20% and therefore is considered an off-menu request.

Reason for Request: The site has a 10’ foot public utility easement (PUE) running along the front of the property along Distel Drive. The PUE has to be clear to sky and therefore we are unable to provide cantilevering balconies along the Distel frontage. Providing decks within the units along Distel would require a decrease in unit size, a decrease in unit count or an increase in cost due to customization of modular units. We have mitigated the reduction in Private Open Space by proving more Common Open Space than required.
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CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org
Reduced EV Ready Parking Stalls
LAMC 4.106.4.2 (Exceptions) requires all multifamily Affordable Housing, 10% of dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number. The remaining dwelling units with parking space(s) shall each be provided with at least one Level 1 EV Ready Space. The required spaces with this calculation would be the following. We are requesting to provide the state minimum required by our current code (2019) which is 10% EV Ready spaces- 9 total- instead of the 90 required by Los Altos code.

Level 2 EV Ready Space = 9 spaces
Level 1 EV Ready Space = 81 spaces
Total = 90 spaces
Reason for Request: The additional costs related for infrastructure, transformer(s), and cost of pedestals for charging.

1. Meeting the requirement will increase the amount of costs of utility infrastructure required such as conduit/raceways and transformers. We are estimating the costs as $1000/stall per Energy Solutions report (dated 2019 so costs are likely higher). For the additional stalls beyond the 10% required by CalGreen we estimate $81,000 (81 stalls x $1,000 ).

Table 1: Energy Solutions article dated November 5, 2019. EV Infrastructure Cost Analysis Report for Peninsula Clean Energy and Silicon Valley Clean Energy (page 1).

2. If/when the mechanized stalls go from EV Ready to having the capability to charge, Level 2 chargers will require ±$2,500 per pedestal depending on the manufacturer. For Level 1 chargers, 110v receptacle can be added to the platform.

3. The project is required to have zero parking spaces as a result of being a 100% affordable housing project within ½ mile of major transit. As such, if we were to provide zero stalls, we would not be required to provide any EV Ready stalls per CA and City of Los Altos code and CA Cal Green code.

Cost Justification:

There are two areas of focus related to the cost containment of this affordable housing community and how it relates to the requested concessions: the total costs to build the units (hard costs) and the average cost per unit including all other soft costs.
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CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org
Hard costs associated with the construction of the modular units include the material and labor expense it takes to create and build each unit. The modular factories are set up for standardization, not for customization, so any modification to the factory standards would lead to additional costs and additional waist. By way of a simple example, if the factory is set up to build units using wood in 20 foot lengths but we request shorter units that require 18 foot lengths, then the factory would need to customize the machinery to cut the shorter lengths. This customization would increase the labor costs and slow the process down adding more time. In addition, more waist is created because in this example, the two-foot section of wood is unlikely to be re-used and will be thrown away.

The second area of focus is the developments cost per unit. This development has fixed costs including the land and other soft costs including design and environmental analysis. By way of a simple example, if the design fees are $3 million and the design yields 90 units, the per-unit cost is $33,333. However, if the same design fees were yielding only 60 units, the per-unit cost would be $50,000. While this does not increase the total cost of development, a higher cost per unit makes this project less competitive when trying to leverage additional funding source at the State and Federal level. Therefore, a design or building standard that leads to a reduction of building area or total number of units is considered to increase costs and reduce competitiveness.
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CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org
Requested Waivers
The applicant is requesting the following waivers:
 Visibility of Interior Courtyard
 Exterior Materials
 Trash Staging Area
Visibility of Interior Courtyard
LAMC 14.50.170 (C)(5)(a) requires that an interior courtyard must be partially visible from the street and linked to the street by a clear accessible path of travel. EAH is requesting that this requirement be satisfied by allowing visibility from the parking lot behind the building. In addition, EAH is requesting that the interior courtyard not be required to be linked to the street by a clear accessible path of travel. This is an off-menu request.

Reason for Request: The courtyard has been raised to the second level to provide additional parking on the ground level. A second level courtyard also provides additional privacy to the residents and neighbors. Removing a portion of the building to make the courtyard visible from the street would decrease units and parking area.

Exterior Building Materials:

LAMC 14.66.280 (D)(4)(a) Base. For multistory buildings, the base of the building shall be defined by a distinct material selected from among the following: Stone, brick, concrete, CMU, or stucco ("base material"). EAH is requesting that wood be approved as a distinct material for the base.

Reason for Request: We believe that the intent of this design standard is being achieved because wood serves as a distinct material. We are proposing wood and storefront glazing at the base of the building.

Trash Staging Area:

LAMC 14.50.060 (C) (2) states that every development will be required to provide suitable space onsite for solid waste separation, collection, storage, and pick up and shall site these in locations that facilitate access, collection, and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way. EAH is requesting a waiver from the requirement so that the solid waste collection can take place in the public right of way (Distel Circle).

Reason for Request: The location of trash storage is on the ground floor in the garage but is not in a location that can be serviced by the collection company, Mission Trails. Mission Trails requests that the trash staging area be within a specific distance from the street so that the trucks can access the trash bins. Redesigning the ground floor to accommodate a staging area closer to the street is not desirable because it would require relocating the bicycle parking, resulting in the loss of amenity space on the ground floor. Our proposal is to have building staff stage the trash bins on Distel Circle on trash pick-up day and return the bins to the trash room after the trash has been collected. 2372
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CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org
Requested Parking Reductions
LAMC 14.28.040(G)(2)(b) - For low or very low income housing near major transit stop. Upon the request of the developer, the city shall not impose a parking requirement, inclusive of handicapped and guest parking, that exceeds one-half parking spaces per bedroom if the development includes the maximum percentage of low or very low income units; and the development is located within one-half mile of a major transit stop; and there is unobstructed access to the major transit stop to the development. EAH is requesting parking requirement alterations be applied to the proposed development because the development:
 Exceeds the percentage required of low or very low income units  Is within one half-mile of a major transit stop
 Has unobstructed access to the major transit stop to the development This is an On-Menu request.

The proposed development at 330 Distel Circle will have a total of 159 bedrooms. Using the one-half parking space per bedroom outlined in the LAMC would require 80 parking spaces. As proposed, this community will have 90 parking spaces.

State Density Bonus Law does not require any parking for 100% affordable developments that are withing one-half mile from a major transit stop, section 65915 (p)(3). 330 Distel Circle is within one-half mile from a major transit stop (please see Memorandum on Consistency with Density Bonus Provisions - Glaser Weil).
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330 Distel: Density Bonus, Concessions, Waivers
Allowed by Density Bonus Law
Density (DU/acre) 38du/acre 90 Units = 103 du/acre Density Bonus Law 14.5.080 (LAMC) Height 45ft + 33ft = 78ft permitted 64ft, 5 stories Density Bonus Law Concession Standard Proposed Reason Code Section
Setback, Front Yard 25ft min. depth, 50% of which shall be landscaped
10ft setback 25ft setback would decrease building area and unit count 14.5.090 (LAMC) Stepback Street Side: Minimum 10 feet from ground floor façade above 45 feet in height
Requesting no stepback on
4th and 5th levels.

We need building area to get to 90 units. 14.50.170_1B. Obj.

Standards
Open Space 50SF; An average of fifty (50) square feet of private open space shall be provided for the total number
of dwelling units within a project.

Approximately 25 sf average /
unit requested
10ft Public Utility Easement has to be clear to sky so we are unable to provide cantilevering balconies along the Distel frontage. Juliette balconies are provided on Distel.

Providing decks within the units would require a decrese in unit area and impact unit count. Private open space
provided on all decks except for those facing Distel.

14.50.150 (LAMC)
EV Ready Parking
stalls

4.106.4.2 New multifamily dwellings. Exception: For
all multifamily Affordable Housing, 10% of dwelling
units with parking space(s) shall be provided with at
least one Level 2 EV Ready Space. Calculations for
the required minimum number of Level 2 EV Ready
spaces shall be rounded up to the nearest whole
number. The remaining dwelling units with parking
space(s) shall each be provided with at least one
Level 1 EV Ready Space.

Calculation: (9) Level 2 EV ready spaces and (81)
Level 1 EV ready spaces.

Requesting 10% (9 stalls) to
be EV Ready stalls per Cal
Green code.

1. Cost of utility infrastructure

2. Cost of pedestal costs if EV is installed in future

3. Parking required is zero, which means zero EV Ready
stalls would be required.

4.106.4.2 (LAMC)
Waiver Standard Proposed Reason
Interior Courtyard Partially visible from the street and linked to the street by a clear accessible path of travel.

Requesting visibility from back
parking lot, no access from
exterior to courtyard
Raised courtyard on level 2 not visible from Distel, may be visible from El Camino. Raised courtyard to provide
additional parking. Also creates privacy for single family neighbor and residents. Removing a leg of the building to make the courtyard visible would decrease unit and
parking area.

14.50.170_5A. Obj.

Standards
Materials Base. For multistory elements, the base of the building shall be defined by a distinct material
selected from among the following: Stone, brick,
concrete, CMU, or stucco ("base material").

Requesting approval of wood
as a distinct material.

Intent achieved. Wood serves as distinct material. Wood and storefront glazing proposed at the base.

14.66.280_DA Obj.

Standards
Trash Pickup not in right of way Waiver from requirement PUE Easement, no other location for trash 14.50.060_C2 Required Conditions
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To: Radha Hayagreev Date: July 5, 2022
City of Los Altos- Senior Consulting Planner Project Name: 330 Distel Circle Project No: 210042
Re: EV Capable Concession Request
From: Lily Ciammaichella, AIA, BD+C
KTGY Architecture + Planning
Dear Radha,
We are requesting to make the Los Altos EV capable charging requirement as a State Density Bonus Law inentive/concession. From section 4.106.4.2 of the Los Altos municipal code, we are required to provide the following:

4.106.4.2 New multifamily dwellings
Exception: For all multifamily Affordable Housing, 10% of dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number. The remaining dwelling units with parking space(s) shall each be provided with at least one Level 1 EV Ready Space.

Required EV Ready stalls
EV2 ready = 9 spaces
EV1 ready = 81 spaces
Total = 90 spaces
We are requesting to provide less EV capable stalls to 10% of the total number of parking spaces (9 stalls) as Level 1 spaces.

The reasons are as follows:

1. Meeting the requirement will increase the amount of costs of utility infrastructure required such as conduit/raceways and transformer needs. We are estimating the costs as $1000/stall per Energy Solutions report. For the additional stalls beyond the 10% required by CalGreen and proposed, or 81 stalls x$1,000 = $81,000. Cost was from 2019 report by Energy Solutions and costs are likely more than estimated below.
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2. If/when the mechanized stalls will be ready to convert the mechanized stalls to have the capability to charge, at this time, Level 2 chargers will require ±$2,500 per pedestal depending on the manufacturer. For Level 1 chargers, 110v receptacle cade be added to the platform.

3. The project is required to have zero parking spaces as a result of being a 100% affordable housing project within ½ mile of major transit. As such, if we were to provide zero stalls, we would not be required to provide any EV Ready stalls per CA and City of Los Altos code and CA Cal Green code.

Definitions:

Electric vehicle infrastructure Cost Analysis Report for Peninsula Clean Energy & Silicon Valley Clean energy. By Enegry Solutions. Page 4
Los Altos Municipal code Definitions:
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2114582.1

M E M O R A N D U M
TO: EAH Housing
FROM: Elisa Paster and Eric Geier
DATE: February 9, 2022
SUBJECT: 330 Distel Circle-Project Consistency with Density Bonus Provisions I. Introduction
EAH Housing is partnering with the City of Los Altos (“City”) to develop a 100% affordable housing project, with the exception of a manager’s unit, using a Density Bonus (the “Project”) at 330 Distel Circle, Los Altos, California 94022 (“Project Site”).

The Project is a 64 foot building that consists of 90 affordable units (24 Studio, 20 onebedroom, 23 two-bedroom, and 23 three-bedroom) and 90 parking spaces. The Project is seeking a 165% Density Bonus, existing zoning allows for 34 units (rounded up from

33.06) at the Project Site.

Based on its proximity to transit, as demonstrated below, state law permits the Project to an unlimited Density Bonus, a height increase up to 33 feet, and no minimum parking requirements. As the Project is 100% affordable, even if a determination is made that the Project is not within one-half mile of a major transit stop, the Project can still be approved as designed with the approval of concessions and waivers.

II. The Project Site is Within One-Half Mile of a Major Transit Stop For the purpose of State Density Bonus law, codified in Government Code (GOV) section 65195, a major transit stop is defined as existing or planned rail or bus rapid transit (BRT) stations, ferry terminals served by either a bus or rail transit service, and the intersection of two or more bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods. (Public Resources Code (PRC) §§ 21064.3, 21155(b).)1
A. Available Resources Identify the Project Site as Being One-Half Mile of a Major Transit Stop
A Transit Priority Area is defined as “an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan.” (PRC § 21099(a).) Accordingly, if the Project Site is 1 State Density Bonus law treats planned major transit stops as existing major transit stops. Limited analysis was performed on whether major transit stops are planned within one-half mile of the Project Site. Our initial conclusion is that no such transit stops are planned, thus our research focused on existing major transit stops.
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located in a Transit Priority Area, it is by definition within one-half mile of a major transit stop. The Metropolitan Transportation Commission (MTC), the metropolitan planning organization for the San Francisco Bay Area, identifies the Project Site as being within a Transit Priority Area. The graphic below is taken from the MTC’s GIS system, which shades the TPAs in blue; the Project Site is designated by a red dot.

B. A Major Transit Stop is Located at El Camino Real and Showers Drive Although the MTC identifies the Project Site as being within a Transit Priority Area, it does not identify the major transit stop within one-half mile of the Project Site.

Because the Project Site is not within one-half mile of a rail station, ferry terminal, or BRT station,2 analysis focuses on the intersection of two or more bus routes with requisite service during the peak hour commute periods.

The statute does not define morning and afternoon peak commute hours, nor does the Los Altos Municipal Code (LAMC) or other City documentation. The Santa Clara Valley Transportation Authority (VTA), the City’s transit provider, defines peak hours as “the highest morning or evening hour of travel reported on a transportation network or street.” As the Congestion Management Agency for Santa Clara County, the VTA’s Guidelines can be considered applicable in the absence of any other City guidance. 2 Note that the Rapid 522 does not appear to have the elements of BRT service identified in the PRC, such as 1) dedicated bus lanes or a separate right-of-way, 2) transit signal priority, 3) all door boarding, 4) fare collection system promoting efficiency, and 5) defined stations. (PRC § 21060.2.) Accordingly, the Rapid 522 does not establish a major transit stop in and of itself. 2378
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Typically, peak hours are defined at between 7:00 am and 9:00 am and 4:00 pm and 6:00 pm.

The bus stop at the intersection of El Camino Real and Showers Drive, approximately 1,513 feet from the Project Site, constitutes a major transit stop, as VTA lines 22, 40, and Rapid 522 operate at less than 15 minute intervals between 7:00 am and 9:00 am and 4:00 pm and 6:00 pm, morning and afternoon peak commute periods. A chart demonstrating the bus lines frequency follows.

Northbound/Eastbound Southbound*/Westbound
Morning
Peak Hours
(7:00 AM-9:00 AM)
Afternoon
Peak Hours
(4:00 PM-6:00 PM)
Morning
Peak Hours
(7:00 AM-9:00 AM)
Afternoon
Peak Hours
(4:00 PM-6:00 PM)
Time Bus Line Time Bus Line Time Bus Line Time Bus Line 7:07 AM 22 4:01 PM 22 7:09 AM 522 4:01 PM 22
7:10 AM 522 4:02 PM 40 7:15 AM 22 4:07 PM 522
7:18 AM 22 4:05 PM 522 7:25 AM 40 4:14 PM 40
7:24 AM 522 4:16 PM 22 7:25 AM 522 4:16 PM 22
7:25 AM 40 4:17 PM 40 7:36 AM 22 4:23 PM 522
7:32 AM 22 4:20 PM 522 7:41 AM 522 4:31 PM 22
7:37 AM 522 4:31 PM 22 7:55 AM 40 4:38 PM 522
7:47 AM 22 4:35 PM 522 7:56 AM 22 4:44 PM 40
7:48 AM 522 4:46 PM 22 7:59 AM 522 4:46 PM 22
7:56 AM 40 4:47 PM 40 8:12 AM 22 4:53 PM 522
8:02 AM 22 4:50 PM 522 8:15 AM 40 5:01 PM 22
8:03 AM 522 5:02 PM 22 8:19 AM 40 5:09 PM 522
8:16 AM 22 5:04 PM 522 8:20 AM 522 5:14 PM 40
8:18 AM 522 5:17 PM 40 8:27 AM 22 5:16 PM 22
8:26 AM 40 5:17 PM 22 8:40 AM 522 5:24 PM 522
8:31 AM 22 5:19 PM 522 8:46 AM 22 5:31 PM 22
8:33 AM 522 5:33 PM 22 8:55 AM 40 5:39 PM 522
8:45 AM 22 5:33 PM 522 8:57 AM 522 5:46 PM 40
8:48 AM 522 5:46 PM 40 5:46 PM 22
8:50 AM 40 5:48 PM 22 5:54 PM 522
8:59 AM 22 5:49 PM 522
*There are two southbound stops for Line 40 at Latham Street, one is south of Latham Street, approximately a third of the distance to El Camino Real. This stop functionally serves to connect Line 40 to Line 22 and Rapid 522.
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III. Consistency with Density Bonus Provisions Based on Proximity to a Major Transit Stop
A. Density Bonus
The LAMC provisions contemplate up to a 35% Density Bonus. (LAMC § 14.28.040(C).) Alternatively, the Government Code allows for unlimited density for projects that are 100% affordable (at least 80% low income and up to 20% moderate income) and within one-half mile of a major transit stop. (GOV § 65915(f)(3)(D)(ii).) As the Project is a 100% affordable housing project, using Santa Clara County Measure A funding, City of Los Altos fee waivers, and Low Income Housing Tax Credits, its affordability will be subject to a covenant. Accordingly, as a 100% affordable project, the 165% Density Bonus is permitted by state law. The density increase is not considered an incentive/concession.

B. Height
Projects that are 100% affordable and within one-half mile of a major transit stop are entitled to a height increase of three additional stories, or 33 feet. (GOV § 65915(d)(2)(D).) The Project is designed to be 64 feet in height, 19 feet greater than the 45 feet allowed in the Commercial Thoroughfare zone. (LAMC § 14.50.140.) However, because the 64 feet would be within the additional 33 feet allowed for by GOV § 65915(d)(2)(D), the Project height is consistent with state Density Bonus provisions. Per the Government Code, this height increase is not considered an incentive/concession. (GOV § 65915(d)(2)(D).)
C. Parking
The City’s Density Bonus provisions include a parking standard of .5 parking space per bedroom for affordable housing with unobstructed access to a major transit stop within one-half mile. (LAMC § 14.28.040(G)(2)(b).) As the Project consists of 159 bedrooms, this provision would require the Project to provide 80 parking spaces. Alternatively, state Density Bonus provisions do not require any parking for 100% affordable projects with unobstructed access to a major transit stop located within one-half mile of the project site. (GOV § 65915(p)(3).) As the Project proposes to include 90 parking spaces, it would satisfy both the state and local requirement. Use of these provisions is not considered an incentive/concession. (GOV § 65915(p)(9), LAMC §

14.28.040(G)(2)(e).)
D. Incentives, Concessions, and Waivers
Projects that are 100% affordable are entitled to four concessions or incentives. (GOV § 65915(d)(2)(D).) Concession or incentive is defined as “A reduction in site 2380
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development standards or a modification of zoning code requirements or architectural design requirements…that results in identifiable and actual cost reductions, to provide for affordable housing costs….” (GOV § 65915(k)(1).) Although entitled to four concessions, we understand that the EAH Housing is requesting two concessions which will result in cost reductions to allow the Project to be built: 1) a reduction in front yard setback from 25 feet to 10 feet, and 2) a reduction in private open space from a 50 square foot average to 25 square foot average.3 The application for the Project should include findings or evidence demonstrating that reduction of the front yard setback and reduction of the open space would result in cost reductions to provide for the affordable housing. We can assist with those findings at your request.

EAH Housing may also request waivers, apart from an incentive/concession. (LAMC §

14.28.040(H).) The LAMC defines waiver as “the deletion or reduction of any development standards that would otherwise have the effect of physically precluding” a Density Bonus Development. (LAMC § 14.28.040(B)(27).) The Project is seeking a waiver to reduce the front step back of a minimum 10 feet from ground floor façade for stories above 45 feet in height, as maintaining that step back would preclude the Project from being constructed with the identified density. The application for the Project should include findings or evidence demonstrating that imposition of the front step back requirement would physically preclude the construction of the Project. We can assist with those findings at your request.

IV. Alternative Consistency with Density Bonus Provisions As demonstrated above the Project Site is located within one-half mile of a major transit stop as defined by the Government Code and Public Resources Code. The subsequent analysis demonstrates that the Project Site’s proximity to a major transit stop qualifies the Project for unlimited density, increased height, and decreased parking. However, even if the Project Site is not determined to be within one-half mile of a major transit stop, it would still be consistent with state and local Density Bonus provisions based on available concessions and waivers.

Projects that are 100% affordable are entitled to four concessions or incentives. (GOV § 65915(d)(2)(D).) The LAMC does not include a limitation on the number of waivers a project can seek, but rather contemplates the use of multiple waivers by using the plural of the term, waivers, in relevant provisions.4 State law specifically allows a city to grant multiple waivers. (GOV § 65915(e)(3).)
3 The staff report for the Joint City Council/Planning Commission Study Session on January 11, 2022 identified a third concession, increase in building height. As noted above, this increase in allowed by state law and not considered an incentive, consistent with GOV § 65915(d)(2)(D). 4 See LAMC §§ 14.28.040(A), 14.28.040(C), 14.28.040(D)(1)(f), 14.28.040(H). 2381
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If the Project Site is not determined to be within one-half mile of a major transit stop, the Density Bonus can still be processed by including the following concessions and waivers.

A. Incentives/Concessions
An incentive or concession is defined as “A reduction in site development standards or a modification of zoning code requirements…that results in identifiable and actual cost reductions, to provide for affordable housing costs.” (GOV § 65915(k)(1).) As density is specifically identified as a zoning code requirement, an increase to the identified level, 103.45 dwelling units/acre as opposed to the 38 dwelling units/acre identified in LAMC § 14.50.080, would constitute a modification to a zoning code requirement, and therefore an incentive/concession. As it is not enumerated in LAMC § 14.28.040(F)(1), this would be considered an off-menu incentive or potentially a wavier (discussed below).

A reduction in required parking is specifically cited as an example of a concession or incentive. (GOV § 65915(k)(1).) The LAMC specifically allows for “off-menu parking requirement alterations.” (LAMC § 14.28.040(G)(3).) Further, the LAMC vests the City with broad authority to determine the parking required for a project: “This section does not preclude the city from reducing or eliminating a parking requirement for development projects of any type in any location.” (LAMC § 14.28.040(G)(4).) The Project has previously identified the reduction in front yard setback from 25 feet to 10 feet and the reduction in private open space from a 50 square foot average to 25 square foot average as potential incentives/concessions. The staff report for the Joint City Council/Planning Commission Study Session on January 11, 2022 identified both of these as on-menu incentives/concessions.

B. Waivers
As noted above, maintaining the step back requirement would preclude the Project from being constructed with the identified density. Similarly, limiting the Project’s height to 45 feet would preclude the Project from being constructed at the identified density. The Project, as designed, includes dwelling unit square footages consistent with code requirements and ground floor amenities, as well as required parking.

Reducing the Project to 45 feet would cause the removal of two stories from the Project. Maintaining the identified density while reducing the Project by two stories would likely require 1) redesign of the Project to include rooms of a substandard size, and/or 2) the removal of required parking and Project amenities on the ground floor, which would be displaced by residential units. Accordingly, the increased height would constitute a permissible waiver, as maintaining the 45 foot height limit would reduce the Project’s density.
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The Project’s increased density could also be considered a waiver. As the Project seeks to construct an affordable housing development with a density of 103.45 dwelling units/acre, maintaining the density required by the LAMC would have the effect of physically precluding the Project. Accordingly, the Project’s increased density could treated as a waiver rather than an incentive.
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Notification Map
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Schools
Park and Recreation Areas
City Limit
Waterways
Situs Label
TaxParcel
Print Date: June 1, 2022 0 0.05 0.1 0.2 mi
0 0.1 0.2 0.4 km
1:9,028
The information on this map was derived from the City of Los Altos' GIS.

The City of Los Altos does not guarantee data provided is free of errors, omissions, or the positional accuracy, and it should be verified. 2384 Agenda Item 2.
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1 Steve Golden
From: Steve Golden
Sent: Thursday, June 16, 2022 1:12 PM
To: Damian H
Cc: [email protected]; Radha Hayagreev
Subject: RE: 330 Distel Circle housing development impacting my family privacy

From: Damian H < >
Sent: Monday, June 13, 2022 9:41 PM
To: Steve Golden <[email protected]>
Cc: [email protected]; Radha Hayagreev <[email protected]> Subject: Re: 330 Distel Circle housing development impacting my family privacy Steve, thanks for the note. Based on this, I would like to file a formal public comment, below. Would you let me know what are the next steps? Should I get in touch with the developer as well? To the Planning Commission and Los Altos City Council,
The 5-story building to be developed on 330 Distel Circle will impact the privacy of several homes located on Marich Way. This is due to the fact that the building windows facing Marich Way will be overlooking the various homes' backyards, swimming pools, and (bedroom) windows. The current trees provide little coverage due to the height of this new development. None of the houses developed on Marich Way or in the neighborhood, expected such a tall construction to be developed. I would like to request the developer of this building to plant additional trees (or equivalent tall vegetation) closer to the actual impacted homes so privacy can be respected (see image below).

Alternatively, the windows of the building facing Marich should be reduced to small windows close to the ceiling of the apartment units so people inside the unit cannot see down while light can still go through. Looking forward to hearing from you.

Thanks
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Objective Standards Compliance Chart (September 2021)

14.50.170 Design Control (CT) Comment Waiver/Concession/Density Bonus Permitted/Council
Discussion
A. Building Placement.

A minimum 75 percent of ground‐floor building frontages facing El Camino Real must be built at the minimum setback line. This standard applies to the building frontage only (exclusive of side setbacks).

Not facing ECR
B. Building Massing and Articulation.

1. Upper‐story Step‐backs.

A. Front: Minimum 10 feet from ground floor façade for fifth story and above Concession B. Street Side: Minimum 10 feet from ground floor façade above 45 feet in height

2. Vertical Articulation.a. When a building façade exceeds 100 feet in length along a right of way, it must be separated into primary façade bays no greater than 50 feet and secondary façade bays defined by a recess a minimum of 3 feet deep and 10 feet wide Primary façade: Comply with 50ft bays. Secondary façade: Comply with 10ft width, and 3ft recess from the solar shade to the secondary wall.
b. A minimum one entrance shall be provided per 150 linear feet along El Camino Real and per primary façade bay along all other rights of way
Not facing ECR, one ped entrance and vehicle entrance provided on Distel Circle c. The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay. Secondary façade bay top of roof about 24inches less than the Primary façade bay a. One or more of the following patterns shall be used to define the base:
i. Watertable: Base material extends from grade to between 8 and 54 inches above grade Not used ii. Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound. (Multi‐story buildings only.) Comply‐ Mass timber base
iii. Watertable + Cornice/String Course: A watertable using the base material is combine with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi‐story buildings only). b. The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay.

Such elements may include a cornice, eave and/or gable(s), or other elements listed under Section 17.50.170.B.6. These elements shall be consistent with the overall architectural style of the building mass/bay.

Top of parapet and the solar shade as cornice
a. Facades Adjacent to an R‐1 District. Does not apply. We are not adjacent to R‐1. Adjacent to CT and O b. Storefront Facades Adjacent to Storefront Facades Does not apply. No adjacent buildings with retail storefront facades we are adjacent to c. Compatibility with Adjacent Shorter Buildings with Height Difference of One Story or More. When adjacent to an existing shorter building with a height difference of one story or more, a proposed building must utilize two or more of the following strategies:i. Incorporate the uppermost floor into the roof form ii. Break the mass of the building into smaller modules through changes in wall plane, setbacks, and/or height
Does not apply. However, our storefront is similar in proportion to nearby office. iii. Match window heights and/or proportions Does not apply. However, large glazing elements similar to offices nearby. v. Relate roof cornices and moldings at floor lines Does not apply. However, 14ft office buildings adjacent work with our level 1 base Not stepping back on 4th and 5th floor. Need building area to get to 90 units

3. Horizontal Articulation. New facades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.4. Adjacencies.
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Objective Standards Compliance Chart (September 2021)

14.50.170 Design Control (CT) Comment Waiver/Concession/Density Bonus Permitted/Council
Discussion
Comply
a. Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building
Comply
b. Where windows are within 10 feet of and oriented toward an interior side setback, glazing shall either be a minimum 30‐ degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of 42 inches, or be opaque
Noted. On our side yards we are providing windows with a minimum sill height of 42 inches
c. The maximum sill height for an ingress/egress window is 44 inches from finished floor Noted. We are Type IIIA. Egress Windows not required a. Roof designs shall be limited to: i. Hipped; ii. Gable; iii. Shed; iv. Dormer; v. Parapet We are providing a parapet v. Parapet ‐ (a) When used on the first or second floor, a parapet longer than 25 feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet: (1) Steps; (2) Curves; (3) Angled surfaces
Parapet not provided on level 1 and 2 except at the small portion where Distel turns at the multipurpose room. That section is <25ft
(b) The length of a parapet segment on the third floor and above may not exceed 25 feet No parapet on third floor b. When the top story is stepped back and embedded in a sloped roof form, the floor below must (and other floors may) be stepped back to meet the slop of the top story
Top story is not stepped back. Would reduce the number of units. See exhibit A1.2 c. Building facades facing an R‐1 district must have a hipped or gable roof and may incorporate dormers. Do not face R‐1 d. Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wall planes by more than 24 inches The difference between primary and secondary facades is 24" or less.

C. Building Design

1. Façade Designa. Building facades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

Bays on levels 2‐5 provided
b. The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.

Ground floor has different articulation with mass timber columns and storefront c. Residential facades shall incorporate at least one element that signals habitation, such as bay windows, or balconies. Juliette balconies provided on Distel (area constraints). Other sides and courtyard have balconies
d. Non‐glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

No blank walls

2. Ground Level Transparency. A minimum 60 percent of commercial ground floor street‐facing facades between 2 and 7 feet in height shall be transparent window surface. Opaque, reflective, or dark tinted glass is not allowed.

No commercial along Distel. However, large, transparent glazing area provided.

3. Pedestrian‐Scaled Entrances
a. Buildings more than 70 feet in length along a right‐of‐way must incorporate at least one forecourt frontage on the right‐ of‐way‐facing façade. Required forecourts must also comply with the standards of Section 14.50.170.C.3.b.v. below We comply with ii: Shopfront. Awning and mass timber columns do not exceed 25ft b. Each street‐facing building façade must incorporate at one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable for each entrance type listed: i. Stoop; ii. Shopfront; iii. Gallery; iv. Arcade; v. Forecourt; vi. Terrace
We comply with ii: Shopfront. Awning and mass timber columns do not exceed 25ft ii. Shopfront (a) Shopfronts more than 25 feet in width must incorporate variations in bulkhead, awnings, materials and/or color to visually articulate the shopfront into modules not to exceed 25 continuous feet.

Our storefront glazing is separated by columns that are less than 25ft v. Forecourt (a) Forecourts must feature at least one entry to a shop and/or second floor use.

6. Roofline and Roof Design

5. Privacy and Line of Sight
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Objective Standards Compliance Chart (September 2021)

14.50.170 Design Control (CT) Comment Waiver/Concession/Density Bonus Permitted/Council
Discussion
(b) The size of the forecourt must be appropriate relative to the size of the building. The maximum ratio of building
(c) Forecourt must be minimum 15 feet in width.
(d) Forecourt must be enclosed on at least three sides by buildings. (e) Forecourt must remain open to the sky (arbors and trellises are allowed). c. Primary Entrance Location(s). ‐ Locate primary entrance on the front right‐of‐way. Lobby entry along Distel d. Individual Entries. ‐ Ground floor residential units facing a street must provide individual entries along the street frontage.

No ground floor residential
e. Corner Entrances. ‐ Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.

No corner entrances
f. Street‐facing Entries to Upper Floors. ‐ Street‐facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:

No street facing entries to upper floors
i. Dedicated awning, canopy, or other roof element Awning provided ii. Stairs with a single color applied to treads and a contrasting color or pattern applied to risers Not selected iii. Dedicated light fixture(s) Light figures provided
iv. Decorative street address numbers or tiles Decorative address numbers provided v. Plaque signs for upper‐floor business tenants Not selected g. Entry Protection. ‐ Primary street‐facing entrances shall be protected by a recess in the building frontage at least 3 feet deep or by a projection extending outward at least 3 feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.

Primary entry more than 3ft deep
i. Protection may be coterminous with an accent element Noted ii. Protection may take the form of an extended eave, overhang, awning, door canopy, gallery arcade frontage, or other element that provides shade and shelter from the elements.

Protection provided via awning and arcade on Distel
iii. The lowest edges of a projected awning or door canopy shall have a vertical clearance of no more than 8 feet. Our awning is underneath the podium base. We are not extending out as the diagram shows.
iv. Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.

Noted
h. Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.

Noted
a. Minimum 24 inches taller than typical upper floor floor‐to‐ceiling height where ground floor is non‐residential. Not applicable b. Minimum 12 inches taller than typical upper floor floor‐to‐ceiling height where ground floor is residential. Noted. We are 5ft taller than typical residential to fit mechanized parking a. Partially visible from the street and linked to the street by a clear accessible path of travel. Raised courtyard on level 2 not visible from street. Creating privacy for single family neighbor, western light for courtyard. Removing a leg of the building to make the courtyard visible would decrease unit and parking area. Access to courtyard and exit via stair.

Concession
b. Enclosed on at least two sides by buildings. Comply
c. Open to the sky (arbors and trellises are allowed). Comply d. A minimum width of 20 feet and a minimum area of 400 square feet. Comply No paseos in project

5. Interior Courtyard. Interior Courtyards must be:

6. Paseos. Paseos must be:

Does not apply‐ we are complying with Shopfront

4. Ground Floor Floor‐to‐Ceiling Height
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Objective Standards Compliance Chart (September 2021)

14.50.170 Design Control (CT) Comment Waiver/Concession/Density Bonus Permitted/Council
Discussion
a. A minimum of 10 feet for through‐block paseos. No paseos in project b. A minimum width of 4 feet for entries to courtyards or individual single businesses. No paseos in project D. Window Design. Vinyl windows are prohibited on facades visible from a right‐of‐way. Vinyl windows not provided along Distel Circle. See elevations.

E. Building Materials

1. Primary shall mean 50 percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:
a. Stucco (minimum 2‐coat stucco; synthetic stucco or EIFS not allowed) Stucco proposed b. Siding (lap, vertical, panelized, or shingle) Not used i. All siding shall be wood, composite wood, or cement fiberboard. Not used ii. Wood siding shall be painted or stained. Mass Timber at base to be stained iii. Vinyl and aluminum siding are not permitted. Not used c. Stone Not usedd. Brick Not usede. Concrete (board‐form only). Not used

2. Secondary shall mean less than 50 percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:
a. Stucco (minimum 2‐coat stucco; synthetic stucco not allowed, EIFS not allowed) Stucco proposed b. Siding (lap, vertical, panelized, or shingle) Not used i. All siding shall be wood, composite wood, or cement fiberboard. Not used ii. Wood siding shall be painted or stained. Not used
iii. Vinyl and aluminum siding are not permitted. Not used c. Stone (building base only) Not used
d. Brick (building base only) Not used
e. Tile Not usedf. Metal (matte finish or Cor‐ten) Matte finish for solar shades proposed i. Ribbed metal, titanium, and mirrored finishes are not permitted. Noted g. Concrete Masonry Units (water table and building base only, and not allowed on any façade facing a right‐of‐way or a single‐family zone)
Not used
h. Concrete (building base only, board‐form only, cast concrete not permitted) Not used

3. On attached elements, such as bay windows, orioles, and balconies. Incomplete Statement lMC has an incomplete senten Provided

1. The ground level open space shall be usable and accessible.

2. The minimum dimension for ground level open space shall be 8 feet.

External driveway not provided

1. Landscaping must be placed on each side of a driveway at grade or in raised planters. Noted

2. Landscape elements shall be integrated with the building architecture, parking, and streetscape. Recommended patterns shall include, but are not limited to:
a. Planters for flowers and shrubs within street frontage. Noted b. Landscape buffers between parking spaces and building facades. Noted c. Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks. Noted F. Ground Level Open Space. Where any required front, rear, or side yard setback is 10 feet or greater, on‐site ground level open space shall be provided within the setback.

G. Landscaping and Paving
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Objective Standards Compliance Chart (September 2021)

14.50.170 Design Control (CT) Comment Waiver/Concession/Density Bonus Permitted/Council
Discussion
Noted
H. Parking Design and Access

1. Where structured park a. Lined with ground‐floor non‐residential uses at least 30 feet deep as measured from the front façade; or Comply. Amenity provided in front of parking b. Designed such that the floor elevation is a minimum 4 vertical feet below the elevation of the adjacent sidewalk. Not applicable. Comply with a. above Structured parking not visible from Distel Circle

2. Visible structured park a. Regular punched openings designed to resemble windows of habitable spaces Not applicable b. Trellis/living wall Not applicable
c. Custom textured or decorative screening Not applicable

3. Entrances to Parking Faa. A maximum of two curb cuts for one‐way traffic and one curb cut for two‐way traffic may be permitted per street frontage per lot.

Comply. One curb cut provided.
b. Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum 10 feet from the back of sidewalk.

Comply. Gate set back from back of sidewalk
c. Entrances to parking facilities along a street frontage shall be separated by a minimum of 60 feet. Only one parking entrance provided d. Where possible, curb cuts serving adjacent parking facilities shall be shared.

I. Site Circulation and Access Not applicable

1. New development on abutting lots shall be designed to allow cross‐access for internal pedestrian, bicycle, and vehicular circulation systems. Noted

2. Bicycle racks shall be p a. In or within 50 feet of every parking area; and Provided in indoor bicycle rack b. Within 20 feet of at least one building entrance. Provided in outdoor bicycle rack J. Services Areas and Screening

1. Service areas must be located at the rear of lot. Trash room within building.

2. Service areas must be enclosed on enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.

Noted
K. Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all residential mixed‐use development in the CT District.

14.66.280 New Section 14.66.280 Design Standards Applicable to all multifamily and residential mixed use development A. Architectural Integrity

1. Material palette on all floors above the ground floor, not including floors contained with a sloped roof form, must be consistent.

Achieved. Levels 2‐5 are primarily stucco with metal solar shades

2. Change in material may occur only at the inside corner of a change in wall plane. Material must wrap around outside corners.

Noted. Comply
B. Firewalls and Visible Sidewalls

1. Any exposed surfaces shall be consistent with and expressive of the overall building design and shall be finished in the same palette of materials as the rest of the building. Front façade finished materials, façade cornices, wall top projections, decorative details, and moldings must be carried and repeated on the side wall.

Noted

2. At least one of the following techniques must be employed on firewalls/visible sidewalls: Noted a. Incorporation of windows where code allows and adequate fire protection can be provided. Noted b. Gable and hip roofs to vary the height and appearance of sidewalls. Not applicable c. Inset panels. Noted

3. See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards. 2394
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d. Stepped back front façade of upper floor(s) to vary the sidewall profile. Noted C. Durability. Exterior finish materials shall have an expected lifespan of no less than 30 years. Noted

1. Features to direct rainwater away from exterior walls shall include one or more of the following: Noted a. Cornice , with drip at outer edge of corona (minimum 12‐inch projection). Noted b. Projecting eaves (minimum 12‐inch projection) Noted
c. Scuppers, with our without downspouts (min. 12‐inch projection if no downspouts are used) Noted d. Gutters, with downspouts or rain chains. Noted
i. Downspouts shall be one color and shall not change colors to match the wall behind them. Noted ii. Downspouts shall be round or rectangular, made of copper or metal. Noted iii. Downspouts shall not break façade profiles (such as a cornice) but shall wrap around projecting a profile Noted

2. Exterior timber shall be protected from decay by one or more of the following: Noted a. Material properties (e.g. cedar) Noted
b. Staining and sealing Wood Mass Timber elements to be sealed c. Painting Noted3. Exterior ferrous metals shall be protected from corrosion by one or more of the following:
a. Metallurgical properties (e.g. galvanized, stainless, or weathering still) Noted b. Painting or other impermeable coating. Noted4. Windows a. All windows must be recessed a minimum of 3 inches from the outer wall surface for all Commercial and Multi‐family zones except the CT zone.

We are CT zone. Does not apply
b. Window openings surrounded by masonry finish materials shall include a lintel that that is taller than the sill/apron and proportional to the load it appears to carry.

No masonry. Does not apply
D. Materials: Materials shall appear only in places and configurations appropriate to their structural properties.

1. Where walls use masonry finish materials (e.g. stone, brick, CMU), any openings spanned by the material must be either: No masonry. Does not apply a. Arched, with each arch defined by a continuous series of voussoirs and a single keystone at the apex; or No masonry. Does not apply b. Rectangular, with a continuous lintel spanning the opening and extending beyond by 4 to 6 inches at each end. Vertical dimensions of the lintel shall be no less than 1/2 of the clear span. Steel lintels are exempt from this minimum vertical dimension.

No masonry. Does not apply

2. When used, exterior timber posts, beams, rafters, purlins, brackets, etc. shall be joined according to structural principles. Noted

3. Where a change in material is desired, all façade materials shall turn the corner and terminate into a vertical element of the façade composition.

Noted

4. Materials Defining Building Elements
a. Base. For multistory elements, the base of the building shall be defined by a distinct material selected from among the following: Stone, brick, concrete, CMU, or stucco ("base material").

Wood serves as distinct material. Wood and storefront glazing proposed at the base. Waiver b. Body. Typical materials for the main body of the building include wood, fiber cement, brick, stone, or stucco. If brick is used, it must extend vertically to the base; if stone is used, it must extend vertically to the foundation.

Stucco proposed for body
c. Parapet. Parapets shall terminate in a parapet cap of stone, concrete tile, metal, or molded stucco. Noted 2395
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d. Bays. Horizontal changes in finish material shall occur at the boundaries between bays rather than within a bay. Noted. Comply e. Arcades. Arcades shall be supported by columns or piers in concrete/cast stone, fiberglass, or stucco. Archivolts and imposts shall be expressed using similar materials/appearance.

Arcades not proposed
f. Structural elements. Structural elements visible on the building exterior (e.g. rafters, purlins, posts, beams, balconies, brackets, trusses, columns, arches, etc.), even when ornamental, shall be sized and spaced according to their corresponding structural role, and arterials shall be selected accordingly (see A. architectural integrity).

Noted

5. Materials allowed for Building Details/Ornament Noted a. Wood Notedb. Metal (wrought iron, copper, aluminum, tin) Noted c. Glass fiber reinforced concrete (GFRC)/fiberglass Noted d. Terra Cotta Notede. Tile Notedf. Plaster Noted
E. Colors Noted

1. A maximum of 4 colors shall be applied to be the building façade:
a. 1 primary color comprising 50 percent or more of the façade excluding Comply: Blue/Green primary b. 1 secondary color comprising no more than 30 percent of the façade excluding transparent surfaces. Comply: Secondary insets are gray c. 1 tertiary color comprising no more than 20 percent of the façade excluding transparent surfaces. Noted. No other color suggested d. 1 accent color for use of trim and architectural details. Balconies are composite wood color

2. Materials with intrinsic, naturally‐occurring coloration shall not count towards this maximum. Such materials are limited to copper, Corten steel, unpainted wood, tile, and brick. Materials with prefinished color (stucco, cement fiberboard, colorized metal) shall count towards the maximum.

Mass timber applies here

3. Changes in color may occur:
a. To articulate changes between base, body, and top portions of a façade, which must be separated by a cornice or profile or a change in material and must remain consistent across the length of the façade by.

Noted. Comply
b. When a portion of the elevation is articulated as a separate building with a break in the roof form and a step back in the façade plan 5 feet or greater or step up in façade height at least 10ft.

Noted. Comply
c. On attached elements, such as bay windows, orioles, and balconies. Noted. Comply.

F. Façade Lighting: Façade lighting shall be incorporated into all storefront design and all facades facing an R‐1 district. Fixtures shall be: Not facing an R‐1 district. Facing O and CT. We will be providing lighting along Distel along storefront and will review lighting in lighting design further as the design develops.

1. Shielded and directed onto the building façade. Noted

2. Consistent in style with the primary building. Noted G. Habitable Outdoor Space. Private, habitable outdoor space supported by the building structure.

1. Pergola: Posts supporting beams with brackets, which in turn support purlins and/or rafters. Posts shall be no narrower in any dimension than 3.5" or 1/20 of the unbraced post length, whichever is greater.

Does not apply

2. Trabeation: Post or columns supporting beams with or without brackets, which in turn support either an additional floor level (for multi‐story porches/balconies) or a full roof system based on rafters and or purlins with decking and finish material. Posts shall be no narrower in any dimension than 3.5" or 1/20 of the unbranched post length, whichever is greater. The distance between posts shall be no wider than the total post height.

Does not apply
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3. Arcuation: Encompassed by walls that are penetrated by arched openings bounded by either columns or piers. The ratio of the column diameter [at lowest part of shaft] to column height shall be no less than 1:10 and no greater than 1:7. Width of piers at corners [abutments] shall be no less than 1/3 of the opening width; piers between multiple arched openings may be narrower.

Does not apply

4. Rectilinear: Bounded by square/rectangular piers framing rectilinear wall openings. If lintels are expressed on the façade, they shall extend over the piers by 4"‐6" at each end. Piers shall be no narrower in any dimension than 15.5" or 1/6 of the opening width, whichever is greater. Piers at corners shall be wider than the piers between openings.

Does not apply

5. Fabric Shading: Shaded by fabric elements such as awnings or stretched canvas, secured to the building structure, sheltered by Main Roof Form, supported by other building volumes.

Does not apply
a. Cantilevered balconies shall be secured architecturally to the wall below by brackets. The floor system and brackets above will support the cantilevering balconies. b. Bracket material shall be consistent with that of the balcony's floor structure No brackets proposed H. Historic Preservation Not applicableI. Sustainability in Design

1. All new construction shall incorporate landscaping and fenestration to passively cool the building; energy‐efficient HVAC; and energy efficient lighting.

Noted

2. All energy generation devices must blend with the building color. Noted

3. All on‐site landscaping shall be drought‐resistant and require minimal irrigation. Noted J. On‐site landscaping

1. Trees proposed within street‐facing setbacks must be selected from the Los Altos Street Tree Planting List Noted

2. Trees planted on the south side of the building must be deciduous. Noted

3. Species shall be selected and located according to direct sunlight needs. Noted

4. Vegetation shall be installed along all exposed east and west facing walls. Noted

5. Groundcovers shall be planted over a minimum 50 percent of landscaped areas to prevent ground reflection and keep surfaces cool.

Noted

6. When parking is tucked under a building, landscape planters must be provided to break up the continuous paving at the building's edge.

Parking in structure, not tuck under
K. Screening

1. Rooftop mechanical equipment must be screened from public view. Noted

2. Barbed wire, chain‐link, and razor wire are not permitted. Noted. Not proposed 2397
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HortScience│Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company 325 Ray St. Pleasanton, CA 925.484.0211 ● www.hortscience.com Preliminary Arborist Report
330 Distel Circle
Los Altos, CA

PREPARED FOR
EAH Housing
22 Pelican Way
San Rafael, CA 94901

PREPARED BY
HortScience | Bartlett Consulting
325 Ray Street
Pleasanton, CA 94566
September 2021
Revised February 3, 2022
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HortScience | Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company Preliminary Arborist Report
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Table of Contents
Page
Introduction and Overview 1
Survey Methods 1
Description of Trees 2
Suitability for Preservation 4
Preliminary Evaluation of Impacts and Recommendations 6 Tree Preservation Guidelines 12
List of Tables
Table 1. Tree condition and frequency of occurrence. 3
Table 2. Suitability for preservation 5
Table 3. Recommendations for preservation and removal 6 Exhibits
Tree Assessment Form
Tree Assessment Plan
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HortScience | Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company Preliminary Arborist Report
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Introduction and Overview
EAH Housing is proposing to redevelop the property located at 330 Distel Circle, in Los Altos.

The plan proposes to construct affordable housing using modern, flexible and sustainable building approaches. HortScience | Bartlett Consulting (HBC), Divisions of The F. A. Bartlett Tree Expert Co. was asked to prepare a Preliminary Arborist Report to meet the City of Los Altos’ requirements.

This report provides the following information:

1. An assessment of trees within and immediately adjacent to the project site.

2. An assessment of the impacts of constructing the proposed project on the trees.

3. Preliminary recommendations for tree preservation and removal.

4. Preliminary guidelines for tree preservation during the design, construction and maintenance phases.

Assessment Methods
Trees were assessed on July 29, 2021. All trees measuring 6” or greater in diameter, within the project area or with portions of their crowns extending into the project area, were included (per City of Los Altos Chapter 11.08, Tree Protection Regulations). The assessment procedure consisted of the following steps:

1. Identifying the tree as to species;

2. Tagging each tree with an identifying number and recording its location on a map;

3. Measuring the trunk diameter at a point 48” above grade;

4. Evaluating the health and structural condition using a scale of 1–5:
5 - A healthy, vigorous tree, reasonably free of signs and symptoms of disease, with good structure and form typical of the species.
4 - Tree with slight decline in vigor, small amount of twig dieback, minor structural defects that could be corrected.
3 - Tree with moderate vigor, moderate twig and small branch dieback, thinning of crown, poor leaf color, moderate structural defects that might be mitigated with regular care.
2 - Tree in decline, epicormic growth, extensive dieback of medium to large branches, significant structural defects that cannot be abated. 1 - Tree in severe decline, dieback of scaffold branches and/or trunk; most of foliage from epicormics; extensive structural defects that cannot be abated.

5. Rating the suitability for preservation as ”high”, “moderate” or “low”. Suitability for preservation considers the health, age and structural condition of the tree, and its potential to remain an asset to the site for years to come.

High: Trees with good health and structural stability that have the potential for longevity at the site.

Moderate: Trees with somewhat declining health and/or structural defects than can be abated with treatment. The tree will require more intense management and monitoring, and may have shorter life span than those in ‘good’ category.

Low: Tree in poor health or with significant structural defects that cannot be mitigated. Tree is expected to continue to decline, regardless of treatment. The species or individual may have characteristics that are undesirable for landscapes, and generally are unsuited for use areas.
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HortScience | Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company Description of Trees
Twenty-seven (27) trees were assessed, representing 11 species (Table 1, following page).

Eight (8) off-site trees with portions of their crowns extending onto the development site were included in the assessment (#449, 450 and 452-457). Descriptions of each tree are found in the Tree Assessment Form and locations are plotted on the Tree Assessment Plan (see Exhibits).

The site was a single-story office building, with perimeter landscaping. Vegetation at the site was primarily exotic species, with a handful of native coast live oaks and coast redwoods.

Nine (9) holly oaks made up the
backbone of the landscaping, with
#431-435 on the north side of the
building and #440, 441, 445 and 450
(off-site) on the south side of the
building. The majority of these were
young to semi-mature, with trunk
diameters from 7” to 15”. Holly oak
#433 was mature at 20” in trunk
diameter and the only holly oak in
good condition (Photo 1). Most had
not been provided sufficient space for
full development and were crowded
by adjacent trees, producing onesided crowns and leaning trunks.

Seven holly oaks were in fair
condition, #435 was in poor and #433
was in good condition.

Four evergreen pears were growing adjacent to the building, with #437 and 438 on the west side and #443 and 444 on the east side. They were semi-mature (11” to 15” in trunk diameter) and primarily in fair condition, with #443 in good condition. Most leaned as a result of competition for light and #443 and 444 had been planted in close proximity to the existing building and parking lot, displacing the adjacent asphalt by an estimated 5”.

Three coast live oaks were assessed, with #436 located in the northwest corner of the site and #449 (off-site) and 451 located to the south of the building. Coast live oak #436 was young (9” in diameter) and in fair condition. Coast live oaks #449 and 451 were both mature and in good condition.

Sweetgums #447 and 448 were growing in the planter behind the sidewalk along Distal Circle.

Sweetgum #447 was young (10” in diameter) and #448 was semi-mature at 14” in diameter. Both were in fair condition, but #447 was in decline, with a very sparse crown.

Photo 1: Looking north at holly oak
#433. This was the only holly oak on
the site that was mature (20” in
diameter) and in good condition.
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HortScience | Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company Table 1. Tree condition and frequency of occurrence.
330 Distel Circle, Los Altos
Common Name Scientific Name Condition Rating No. of
Poor Fair Good trees
(1) (3) (4-5)
African fern pine Afrocarpus falcatus - - 1 1
Hollywood juniper Juniperus chinensis 'Kaizuka' - 2 - 2 Sweetgum Liquidambar styraciflua - 2 - 2
Olive Olea europaea - - 1 1
Calif. sycamore Platanus racemosa - - 1 1
Callery pear Pyrus kawakamii - 3 1 4
Coast live oak Quercus agrifolia - 1 2 3
Holly oak Quercus ilex 1 7 1 9
Coast redwood Sequoia sempervirens - 2 - 2
Mexican fan palm Washingtonia robusta - - 1 1
Xylosma Xylosma congestum - 1 - 1
Total 1 18 8 27
4% 66% 30% 100%
A row of off-site tree were assessed along the northern fence line and included the following. All of the trees had been planted too close to the wall, with the bases of trees #452 and 454 growing against the wall (Photo 2).
• Hollywood junipers #452 and 453.

Both were in fair condition but
leaned.
• Coast redwoods #454 and 456
were mature and in fair condition.

Both had sparse canopies.
• Xylosma #455 was in fair condition,
with a low canopy that extended W.
over the fence.

Photo 2: Looking southwest at trees #452-
456 (L to R). The row of off-site trees were in
fair condition but had been planted close to
the wall separating the two properties. Inset
below shows the base of coast redwood
#454, which was growing against the wall.
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HortScience | Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company The remaining species were represented by the following individuals:
• Mexican fan palm #439 was growing on the west side of the building. It was mature and in excellent condition.
• African fern pine #442 was growing in the planter in front of the building, adjacent to evergreen pears #443 and 444. It was mature (22” in diameter) and in good condition.

However, it too had been planted too close to the building and parking lot and was displacing the adjacent asphalt by an estimated 5”.
• Olive #446 was multi-stemmed and growing in the landscape along the Distal Circ.

Frontage. It was in good condition, with good form and structure and a slightly sparse canopy.
• Calif. sycamore #457 was located just off-site on the west side of the property. It was mature (24” in diameter) and leaned northwest. It had been planted in a very small space and the base was growing against both the wall and curb.

Average tree condition for the site was fair, with 18 trees or 66% of the population. Eight (8) trees were in good condition (30%) and holly oak #435 was the only tree in poor condition (4%). Table 1 (previous page) provides a summary of condition by species.

The City of Los Altos protects all trees with diameters of 15” or greater located on private property. Removal of any tree with a diameter of 15” or greater requires a permit issued by the City, per Chapter 11.08 (Tree Protection Regulations). Based on this definition, 13 of the trees assessed at the 330 Distal Circ. Site qualified as Protected. All Protected trees are identified in the Tree Assessment Form (see Exhibits).

Suitability for Preservation
Before evaluating the impacts that will occur during development, it is important to consider the quality of the tree resource itself, and the potential for individual trees to function well over an extended length of time. Trees that are preserved on development sites must be carefully selected to make sure that they may survive development impacts, adapt to a new environment and perform well in the landscape.

Our goal is to identify trees that have the potential for long-term health, structural stability and longevity. For trees growing in open fields, away from areas where people and property are present, structural defects and/or poor health presents a low risk of damage or injury if they fail.

However, we must be concerned about safety in use areas. Therefore, where development encroaches into existing plantings, we must consider their structural stability as well as their potential to grow and thrive in a new environment. Where development will not occur, the normal life cycles of decline, structural failure and death should be allowed to continue.

Evaluation of suitability for preservation considers several factors:
▪ Tree health
Healthy, vigorous trees are better able to tolerate impacts such as root injury, demolition of existing structures, changes in soil grade and moisture, and soil compaction than are non-vigorous trees.
▪ Structural integrity
Trees with significant amounts of wood decay and other structural defects that cannot be corrected are likely to fail. Such trees should not be preserved in areas where damage to people or property is likely. Holly oak #435 is an examples of such a tree. 2403
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HortScience | Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company ▪ Species response
There is a wide variation in the response of individual species to construction impacts and changes in the environment. In our experience, for example, holly oak, coast live oak and coast redwood are tolerant of site disturbance, while sweetgum is more sensitive to site disturbance.
▪ Tree age and longevity
Old trees, while having significant emotional and aesthetic appeal, have limited physiological capacity to adjust to an altered environment. Young trees are better able to generate new tissue and respond to change.
▪ Invasiveness
Species which spread across a site and displace desired vegetation are not always appropriate for retention. This is particularly true when indigenous species are displaced. The California Invasive Plant Inventory Database (http://www.cal-ipc.org/paf/) lists species identified as being invasive. Los Altos is part of the Central West Floristic Province. Olive was the only species assessed at the 330 Distal Circ. site considered to have ‘Limited’ invasiveness.

Each tree was rated for suitability for preservation based upon its age, health, structural condition and ability to safely coexist within a development environment. Table 2 provides a summary of suitability ratings. Suitability ratings for individual trees are provided in the Tree Assessment Forms (see Exhibits).

We consider trees with high suitability for preservation to be the best candidates for preservation.

We do not recommend retention of trees with low suitability for preservation in areas where people or property will be present. Retention of trees with moderate suitability for preservation depends upon the intensity of proposed site changes.

Table 2: Tree Suitability for Preservation
330 Distel Circle, Los Altos
High These are trees with good health and structural stability that have the potential for longevity at the site. Three (3) of the trees were highly suitable for preservation, including Mexican fan palm #439, olive #446 and coast live oak #451.

Moderate Trees in this category have fair health and/or structural defects that may be abated with treatment. Trees in this category require more intense management and monitoring, and may have shorter life-spans than those in the “high” category. Sixteen (16) of the trees were of moderate suitability for preservation, including 4 holly oaks, 3 evergreen pears, 2 coast live oaks, 2 Hollywood junipers, 2 coast redwoods and one each of: African fern pine, xylosma and Calif. sycamore.

Low Trees in this category are in poor health or have significant defects in structure that cannot be abated with treatment. These trees can be expected to decline regardless of management. Eight (8) trees were of low suitability for preservation, including 5 holly oaks, sweetgums #447 and 448 and evergreen pear #437.
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HortScience | Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company Preliminary Evaluation of Impacts and Recommendations
Appropriate tree retention develops a practical match between the location and intensity of construction activities and the quality and health of trees. The Tree Assessment was the reference point for tree condition and quality. Impacts from construction were evaluated using the Preliminary Grading & Utility Plan C3.0, prepared by BKF Engineers dated October 18, 2021.

The plans were preliminary however, included utilities and accurate trunk locations. However, a final assessment is based on final plans.

The plan proposes to redevelop the site into 90 residential units in 5-stories, with ground floor amenities and vertical/mechanical lift parking. Site amenities would include a courtyard, community room, laundry facility and lounge. The main entry would be located along the northeast property boundary, providing access to parking in the north corner of the building. A utility box will be located at the south corner of the site.

Impacts from construction were estimated for each tree. Based on my review of the plans, all of the on-site trees will be removed to accommodate development plan, including eight Protected trees (#432, 433, 438-440, 442, 443, and 451). Table 3 (following page) provides the recommendations for each tree along with a description of the impacts and their Protected status.

Eight trees have been identified for preservation, all of which are off-site. Five of the trees identified for preservation qualified as Protected. Preservation of trees is predicated on following the Tree Preservation Guidelines provided on the following page.

Some amount of root and canopy pruning of off-site trees may be required for construction clearance. Recommendations for Tree Protection Zones are provided in the Tree Preservation Guidelines (following page).

Table 3. Recommendations for preservation and removal.
330 Distel Circle, Los Altos
Tag # Species Diameter Protected Impacts
431 Holly oak 10 No Remove, within drive isle
432 Holly oak 15 Yes Remove, within drive isle
433 Holly oak 20 Yes Remove, within drive isle
434 Holly oak 7 No Remove, within drive isle
435 Holly oak 9 No Remove, within drive isle
436 Coast live oak 9 No Remove, within building footprint 437 Evergreen pear 11 No Remove, within building footprint 438 Evergreen pear 15 Yes Remove, within building footprint 439 Mexican fan palm 16 Yes Remove, within building footprint 440 Holly oak 15 Yes Remove, within building footprint
441 Holly oak 13 No Remove, within building footprint
442 African fern pine 22 Yes Remove, within building footprint 443 Evergreen pear 15 Yes Remove, within building footprint 444 Evergreen pear 14 No Remove, within building footprint 445 Holly oak 8 No Remove, within building footprint
446 Olive 9,9,8,7,7 No Remove, in area of impact
447 Sweetgum 10 No Remove, low suitability
448 Sweetgum 14 No Remove, low suitability
449 Coast live oak 15,15,13 Yes Preserve, off-site
450 Holly oak 14 No Preserve, off-site
451 Coast live oak 20 Yes Remove, In utility box area
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HortScience | Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company Tag # Species Diameter Protected Impacts
452 Hollywood juniper 8,7 No Preserve, off-site
453 Hollywood juniper 16 Yes Preserve, off-site
454 Coast redwood 18 Yes Preserve, off-site
455 Xylosma 9 No Preserve, off-site
456 Coast redwood 22 Yes Preserve, off-site
457 Calif. sycamore 24 Yes Preserve, off-site
Preliminary Tree Preservation Guidelines
The goal of tree preservation is not merely tree survival during development but maintenance of tree health and beauty for many years. Trees retained on sites that are either subject to extensive injury during construction or are inadequately maintained become a liability rather than an asset. The response of individual trees will depend on the amount of excavation and grading, the care with which demolition is undertaken, and the construction methods.

The following recommendations will help reduce impacts to trees from development and maintain and improve their health and vitality through the clearing, grading and construction phases.

Design recommendations

1. Any plan affecting trees should be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, improvement plans, utility and drainage plans, grading plans, landscape and irrigation plans and demolition plans.

2. A TREE PROTECTION ZONE must be established for trees to be preserved, in which no disturbance is permitted. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or sewer shall be placed in the Tree Protection Zone. Spoil from trench, footing, utility or other excavation shall not be placed within the Tree Protection Zone, either temporarily or permanently. For design purposes, TREE PROTECTION ZONES for trees identified for preservation should be established at the dripline in all directions. As plans are refined, more specific TREE PROTECTION ZONES will be developed.

3. Tree Preservation Guidelines prepared by the Consulting Arborist should be included on all plans.

4. No underground services including utilities, sub-drains, water or sewer shall be placed in the TREE PROTECTION ZONE. To minimize impacts to trees, locate underground services to provide as much room as possible from trees identified for preservation.

5. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use.

6. Irrigation systems must be designed to avoid trenching within the TREE PROTECTION ZONE.

7. Do not apply lime to soil for stabilization within 25’ of trees to be preserved. Lime is toxic to tree roots.

Pre-construction treatments and recommendations

1. The demolition contractor and construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. 2406
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Arborist Report – September 2021 revised February 2022
EAH Housing - 330 Distel Circle, Los Altos Page 8
HortScience | Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company

2. Fence all trees to be retained to completely enclose the TREE PROTECTION ZONE prior to demolition, grubbing or grading. Fences shall be 6’ chain link anchored firmly in the ground or on stanchions. Fences are to remain until all grading and construction is completed. Place weather proof signs, 2’ x 2’, on the fencing that read “Tree Protection Zone Keep Out” (eg. one sign for each of the four compass points).

3. Where possible, cap and abandon all existing underground utilities within the TPZ in place. Removal of utility boxes by hand is acceptable but no trenching should be performed within the TPZ in an effort to remove utilities, irrigation lines, etc.

4. Tree(s) to be removed that have branches extending into the canopy of tree(s) to remain must be removed by a qualified arborist and not by demolition or construction contractors. The qualified arborist shall remove the tree in a manner that causes no damage to the tree(s) and understory to remain. Stumps shall be ground below grade.

5. Any brush clearing required within the TREE PROTECTION ZONE shall be accomplished with hand-operated equipment.

6. Any work within the TREE PROTECTION ZONE shall be approved and monitored by the Consulting Arborist.

7. Prune trees to be preserved to provide adequate clearance and correct any existing defects in structure. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices -- Tree Pruning published by the International Society of Arboriculture.

8. All tree work shall comply with the Migratory Bird Treaty Act as well as California Fish and Wildlife code 3503-3513 to not disturb nesting birds. To the extent feasible tree pruning and removal should be scheduled outside of the breeding season. Breeding bird surveys should be conducted prior to tree work. Qualified biologists should be involved in establishing work buffers for active nests.

9. Apply and maintain 4-6” of wood chip mulch within the TREE PROTECTION ZONE.

Recommendations for tree protection during construction

1. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures.

2. If injury should occur to any tree during construction, it should be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied.

3. Fences have been erected to protect trees to be preserved. Fences define a specific TREE PROTECTION ZONE for each tree or group of trees. Fences are to remain until all site work has been completed. Fences may not be relocated or removed without permission of the Consulting Arborist.

4. Construction trailers, traffic and storage areas must remain outside fenced areas at all times.

5. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TREE PROTECTION ZONE by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench 2407
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Arborist Report – September 2021 revised February 2022
EAH Housing - 330 Distel Circle, Los Altos Page 9
HortScience | Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist will identify where root pruning is required and monitor all root pruning activities

6. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw.

7. All underground utilities, drain lines or irrigation lines shall be routed outside the TREE PROTECTION ZONE. If lines must traverse through the protection area, they shall be tunneled or bored under the tree as directed by the Consulting Arborist.

8. No materials, equipment, spoil, waste or wash-out water may be deposited, stored, or parked within the TREE PROTECTION ZONE (fenced area).

9. Any additional tree pruning needed for clearance during construction must be performed by a qualified arborist and not by construction personnel.

Maintenance of impacted trees
Trees preserved at the 330 Distel Circ. site may experience a physical environment different from that pre-development. As a result, tree health and structural stability should be monitored.

Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. In addition, provisions for monitoring both tree health and structural stability following construction must be made a priority. As trees age, the likelihood of failure of branches or entire trees increases. Therefore, annual inspection for structural condition is recommended.

HortScience | Bartlett Consulting
John Leffingwell
Certified Arborist WE-6757A
Registered Consulting Arborist #693
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Arborist Report – September 2021 revised February 2022
EAH Housing - 330 Distel Circle, Los Altos Page 10
HortScience | Bartlett Consulting ● Divisions of The F.A. Bartlett Tree Expert Company Exhibits
Tree Assessment Form
Tree Assessment Plan
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TREE SPECIES SIZE PROTECTED CONDITION SUITABILITY COMMENTS No. DIAMETER 1=POOR FOR
(in inches) 5=EXCELLENT PRESERVATION
431 Holly oak 10 No 3 Low Multiple attachments at 10’; one sided NW.; trunk wound; in very narrow island.
432 Holly oak 15 Yes 3 Low Multiple attachments at 5’; a little one sided NW.; base growing against wall.
433 Holly oak 20 Yes 4 Moderate Multiple attachments at 10’; good form; sapsucker damage; base w/ in 1’ of wall.
434 Holly oak 7 No 3 Low Suppressed; leans & one sided W.; base w/ in 1.5’ of wall.
435 Holly oak 9 No 1 Low All but dead; only basal sprouts remain; strong lean E.
436 Coast live oak 9 No 3 Moderate Multiple attachments at 10’; fused stems at attachment; fair form and structure.
437 Evergreen pear 11 No 3 Low Codominant trunks at 10’; wide attachment; poor form and structure.
438 Evergreen pear 15 Yes 3 Moderate Multiple attachments at 7’; crown bowed N.; long laterals.
439 Mexican fan palm 16 Yes 5 High Good form and structure; slight pencilling in upper crown; 45’ of brown trunk.
440 Holly oak 15 Yes 3 Moderate Codominant trunks at 10’; good form; moderate dieback; trunk w/ in 3’ of bldg.
441 Holly oak 13 No 3 Moderate Multiple attachments at 6’; crown bowed E.; moderate dieback.
442 African fern pine 22 Yes 4 Moderate Multiple attachments at 6’; slight lean S.; trunk w/ in 1’ of bldg.; displaced asphalt 5”.
443 Evergreen pear 15 Yes 4 Moderate Multiple attachments at 7’; leans S.; trunk w/ in 3’ of bldg.; displaced asphalt 5”.

Tree Assessment 330 Distal Circle Los Altos, California July 2021

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TREE SPECIES SIZE PROTECTED CONDITION SUITABILITY COMMENTS No. DIAMETER 1=POOR FOR
(in inches) 5=EXCELLENT PRESERVATION
Tree Assessment 330 Distal Circle Los Altos, California July 2021 444 Evergreen pear 14 No 3 Moderate Multiple attachments at 10’; leaning & one sided S.; trunk w/ in 3’ of bldg.; displaced asphalt 5”.
445 Holly oak 8 No 3 Low Small crown; trunk wound; in very narrow island. 446 Olive 9,9,8,7,7 No 4 High Multiple attachments at 2’; good form; a little sparse.
447 Sweetgum 10 No 3 Low Poor form and structure; declining. 448 Sweetgum 14 No 3 Low Upright form; moderate dieback. 449 Coast live oak 15,15,13 Yes 4 Moderate Off-site, no tag; multiple attachments at 3’; one sided W.; ~5’ W. of PL, crown 10’ E.
450 Holly oak 14 No 3 Moderate Off-site, no tag; multiple attachments at 7’; one sided S.; base ~2’ W. of PL, crown 12’ E.
451 Coast live oak 20 Yes 5 High Codominant trunks at 5’; good form and structure.452 Hollywood juniper 8,7 No 3 Moderate Off-site, no tag; one sided E.; trunk growing against wall.
453 Hollywood juniper 16 Yes 3 Moderate Off-site, no tag; slight lean S.; base w/ in 6” of wall. 454 Coast redwood 18 Yes 3 Moderate Off-site, no tag; lost top; sparse; base growing against wall.
455 Xylosma 9 No 3 Moderate Off-site, no tag; low canopy; extends 15’ W. over fence; trunk w/ in 6” of wall.
456 Coast redwood 22 Yes 3 Moderate Off-site, no tag; sparse canopy; base w/ in 4’ of wall. 457 Calif. sycamore 24 Yes 4 Moderate Off-site, no tag; corrected lean N.; growing in very small island w/ base against wall & curb.

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CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org
Expanding the range of opportunities for all by
developing, managing and promoting quality
affordable housing and diverse communities.

Distel Circle Apartments
PC/CC Study Session Responses – Planning Application
February 28, 2022
Project: 90-Unit Multifamily Affordable Housing Community Location: 330 Distel Circle, Los Altos (APN# 170-04-051) Current Landowner: Midpen Regional Open Space District
Applicant/Developer: EAH Housing
On January 11, 2022 the Los Altos Planning Commission and City Council held a Joint Study Session to review the proposed development for 330 Distel Circle. During the Study Session members of the City Council, the Planning Commission and the public made comments. The following is our response to the questions and comments we heard.

Comment: Bike access only accessible in garage?
Response: Bicycle room has been relocated along Distel Circle with access from the lobby.

Comment: Reduction in building height? Reduce the plate heights of any levels? Response: Per density bonus law, we are permitted 78ft. We are proposing 64ft typically. We have reviewed with our manufacturers- modular and mechanized parking and have found the following:
• For Level 1: Ground level is 16 ft floor to floor to accommodate for the 2 level mechanized parking system, MEP, and floor/ceiling assembly.
• For Levels 2-5: This housing product type- multifamily residential- has nominal 9ft ceilings which also allows for 8ft in areas that are drop down for mechanical, electrical, and plumbing. In addition, as we are designing for modular units, the typical floor to floor height is 11ft which equates to a 9ft ceiling. Anything less than this dimension would have a significant financial impact as factories are set up for 9ft ceilings.
• For Parapet height: To account for roof drainage and guardrail we are accounting for 5ft. This would be to the highest point and accounts for variation in the roof parapet height.

Comment: The objective standards state that the courtyard should be open to the front.

Response: We are requesting a concession. Our massing is focused towards Distel and further from the single-family homes to provide more privacy for these neighbors. The courtyard would get Western sunlight and a more protected courtyard for the residents. 2415
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CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org
Comment: Look at massing and individuality on façade with more accents.

Response: Design has been revised to break up the building to have 5 primary bay elements of varying widths instead of 4 with the same width. Secondary façade elements between these blue-grey bays have been accentuated with warm composite panel, larger windows, and made white to break down the scale of the building.

Comment: How are trash and loading addressed?
Response: Designated loading area in front of building proposed for trash and loading. Trash containers will be moved by building staff using an electric pallet jack to the proposed staging area on Distel Circle.

Only one container will be staged 4x per week for servicing by the hauler, once serviced staff will move containers back into the trash collection room.

Comment: Consider moving the vehicular driveway to the other side of the building Response: We have reviewed moving the driveway entry and entering the building where Distel begins to turn is a difficult turning maneuver.

Comment: Provide more landscape along Distel
Response: Distel frontage revised to show additional green landscaping. See Landscape plans. 2416
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1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Task: Design a waste and recycling system for an affordable housing project with 90 residential units that minimizes costs, staffing requirements and environmental impacts, while providing convenient trash disposal for the building’s residents. Please note the word “trash” when used in this plan covers waste, recycling, and compost.

Waste and Recycling Removal: The City of Los Altos has granted Mission Trail Waste System a license to provide residential and commercial Waste and Recycling services to residents and businesses located within the city and county. This license is a de facto exclusive franchise for trash removal for any property located within city limits. Mission Trail provides three types of service: waste, commingled recycling and compost collection. Garbage rates includes an appropriate level of recycling and organics service for no additional charge. Adequate garbage service is required.

State and Local Recycling Mandates: Statewide the passage of AB341 (July 1st, 2012) and subsequent AB1826 required all business that have more than 5 residential units or generate more than 4 cubic yards of municipal solid waste to separate recyclable and compostable materials from the waste stream. Finally, AB 1383 — although not fully implemented by all local governments — will lead to mandatory food waste diversion from residential, multi-family and commercial business by 2022. These laws directs local jurisdictions to implement recycling and composting regulations and programs.

Los Altos Ordinance No. 2015-417, Chapter 6 states:

6.12.050 Mandatory commercial and multi-family recycling and organic recycling.

A. Commercial generators responsible for compliance. Each commercial generators, as defined in Section 6.12.010.E, shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter, including all multi-family dwellings if four units or more, and also including all multi-family dwellings under four units that shared solid waste collection containers and service under one subscription with the franchised hauler.

B. Commercial recycling and organics collection required. Each commercial generator shall subscribe to a level of service with the franchised hauler that is sufficient to handle all volume of recycle materials and organic materials generated or accumulated on the premises, or complete and retain on-site self hauling form certifying that all self-hauling activities will be completed in accordance with Section 6.12.100.C. or any other applicable law or regulation. The commercial generator shall make a copy of such form avail to the city manager upon request. Additionally, each commercial generator shall ensure the proper separation of solid waste, as established by the franchised hauler, by placing each type of material in designated receptacles or containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper separation of solid waste.
© American Trash Management, Inc. 2022 Page 1 of 20 Tuesday, January 25, 2022 DRAFT -EAH Housing -DRAFT
330 Distel Circle
Los Altos, CA
Trash Management Plan
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1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Site Plan:
© American Trash Management, Inc. 2022 Page 2 of 20 Tuesday, January 25, 2022 2418 Agenda Item 2.
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1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Specific Project Design Summary:

First, trash will be collected in 3 streams (waste, recycling, and compost) to meet the State requirements of AB341, AB 1826 and SB 1383 and the local Recycling and Composting Ordinance.

Second, we recommend eliminating the proposed compost chute and collecting compost on each residential floor in Rubbermaid ‘Slim Jim’ containers. These containers will be emptied by staff into toter carts for collection by Mission Trails. Alternative compost options include: 2-chute system with a bisorter in the waste chute, or a 3-chute system.

Third, due to the projected trash volumes and ground floor resident for the building, waste and recycling will be collected in compacted 2CY bins on the Level 01. Compost will be collected in a 64 gallon toter cart.

Fourth, we recommend replacing the proposed double-swing doors at the entry/exit to the trash room with a roll-up door and separate egress door. While this is a more expensive option at the outset, it is ATM’s experience that in the long run this design change saves money and prevents maintenance problems. Due to the weight of the bins moving in and out of the trash room, a double door cannot have a threshold. Door sweeps will eventually degrade and let in bugs and vermin. Additionally, the doors will be damaged from getting hit by the unwieldy trash bins and will require repair or replacement long before a roll-up door will.

Fifth, the residential trash waste and recycle chutes should be 30” diameter with automatic opening 15”x18” hopper-type intake doors. NFPA 82 minimum required 24” chutes have a higher probability of chute jams due to large objects (super-size pizza boxes, Costco boxes, ironing boards, crutches, etc.) being thrown down the chute. NFPA 82 also requires that chutes vent at full diameter at least 36” above the finished roof.

Sixth, the chute core wall is shared with residential units. We recommend installing double walls, sound dampening coating, or sound isolation padding to reduce sounds, vibration, and odors.

Seventh, a safe and accessible location for staging needs to be determined. We recommend identifying a location on Distel Circle. The waste hauler, Mission Trail has in the past, moved loose bins from the temporary staging area to the street at no additional cost, however we will need to confirm if they are able to move compacted bins.

Eighth, add 1 CFM/SF mechanical ventilation per CBC, floor drain, hose bib and odor control to the trash collection rooms.

Ninth, due to the number of units, this building is projected to generate about 315 cardboard boxes per week. To reduce the potential for chute jams, we recommend considering designating a convenient space for residents to place their flattened cardboard boxes. These boxes will then be moved by building staff to the mixed recycling bin. © American Trash Management, Inc. 2022 Page 3 of 20 Tuesday, January 25, 2022 2419 Agenda Item 2.
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1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Projected Residential Waste and Recycling Levels: The following metrics were used to project residential waste and recycling levels:

Residential Waste: 0.16 Cubic Yard (32 gallon) per week/unit. NOTE: This is the equivalent of over 2 large kitchen garbage cans per unit week (~2.8 - 13 gallon bags).

Residential Recycling: 0.16 Cubic Yard (32 gallon) per week/unit. NOTE: This is the equivalent of 2 large kitchen garbage cans per unit week (~2.8 - 13 gallon bags).

Residential Compost: 0.012 Cubic Yard (2.4 gallon) per week/unit. NOTE: This is the equivalent of small compost pail per unit week.

Below is a summary of projected LOOSE trash volumes. See detailed analysis on page 19.

Below is a summary of projected COMPACT trash volumes. See detailed analysis on page 19.

Proposed Residential Trash handling system:

To comply with City ordinances, the project’s residential trash will be collected in 3 different streams:

Waste, Mixed Recyclables (paper, cardboard & containers) and Compost (organic materials).

Chutes for Waste & Recycling. The single trash chute core per building can handle the volume of trash generated by the project. Residential waste and mixed recycling streams will be deposited by tenants on upper floors into dedicated gravity chutes. Compost will be collected in 64 G toter carts.

We recommend the trash core have two (2) 30” diameter trash chutes per core with 15 x 18 automatic opening (pneumatic) intake doors. Increasing the chute size to 30” will slightly increase the chute system cost but it will reduce the possibility of chute jams due to large objects (Amazon, super-size pizza and “Costco” boxes) being thrown down the chute and thereby reduce ongoing maintenance cost while increasing tenant convenience.

The chutes should be 16 gauge galvaneal or aluminized steel and be isolated from the building structure using Mason BR mounts or equivalent. The chute should be coated with a sound dampening compound (Soundcoat GP-1 or equivalent) equal to the thickness of the metal.

Units Loose
Waste
Volume
CY/WK
Loose
Recycle
Volume
CY/WK
Loose
Compost
Volume CY/
WK
Loose 3CY
Waste Bins/
WK
Loose 3CY
Recycle Bins/
WK
Total # of
Compost
Carts/WK
90 14.4 14.4 1.08 5 5 4
Units Loose
Waste
Volume
CY/WK
Loose
Recycle
Volume
CY/WK
Loose
Compost
Volume CY/
WK

COMPACT
2CY
Waste Bins/
WK

COMPACT
2CYRecycle
Bins/WK
Total # of
Compost
Carts/WK
90 3.6 3.6 1.08 2 2 4
© American Trash Management, Inc. 2022 Page 4 of 20 Tuesday, January 25, 2022 2420 Agenda Item 2.
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1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Compactors. We recommend all residential waste and recycling be collected in 2CY chute fed compactors. Compactors will reduce disposal costs and on-site staffing requirements while minimizing property truck traffic thereby lowering the projects overall environmental impact. All compactor bins will incorporate locks on the lids and compactor opening so the containers cannot be accessed by vagrants.

Compactor bins will be moved using an electric pallet jack.

Lower Waste Disposal costs. Front-load compaction is less expensive than front-load loose waste services. (See cost benefit analysis on page 19).

Lower labor costs. A 3-cubic yard loose waste bins serviced Monday-through-Saturday must be moved from the trash chute to the trash staging locations 5x per week. Comparable compacted service is one 2- cubic yard bin picked up 2x per week. That represents 50% fewer times to move the bins from the trash areas to the street for pickup. More importantly compacted bins reduce the truck trips and thereby reducing the noise impact on the project’s neighbors. Compactors also eliminate the need to rake or rotate loose bins and solve the problem of Sundays (one of the heaviest trash days of the week). (See cost benefit analysis on page 19).

Lower environmental costs. Less truck trips and less bin emptying results in cleaner air and quieter neighborhood.

Residential Compost. Food scrap diversion is not currently required for multi-family properties however, compost will be required in 2022 by SB1383. Compost can be handled in three ways:

Option 1: Eliminate the proposed compost chute. Residential compost can be collected in Rubbermaid ‘Slim Jim’ containers placed in each chute vestibule. The Slim Jim’s should be emptied by building staff into a 64G toter cart for emptying by the trash hauler.

Advantage: Lowest upfront equipment cost.

Disadvantage: A full-time janitorial staff is typically required for this option hence, the long term labor costs are much higher. Compost should be emptied on a regular basis to prevent sanitation and odor issues.

Option 2: 3 Chute design system.

Advantage: Low upfront equipment cost.

Disadvantage: ATM does not recommended collecting apartment compostable materials using a gravity chutes due to the sanitation issues, the collection issues, the corrosive properties of the material, and odorous nature of putrefying household food waste, which is the primary component of organic waste from apartments
Option 3: Design a 30’ stainless steel chute for waste with a bi-sorter to dispose of compost.

Service Compaction Ratio Monthly Fee
3-CY loose bins 5 times per week N/A $2,286.54
2-CY compacted bin 2 times per week 4:1 $760.70
© American Trash Management, Inc. 2022 Page 5 of 20 Tuesday, January 25, 2022 2421 Agenda Item 2.
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Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Advantage: This option has lower labor costs.

Disadvantage: The additional piece of equipment increases upfront costs.

We recommend food scrap compost be collected in each chute vestibule in Rubbermaid “Slim Jim” containers. These containers would then need to be emptied by building staff into the collection container (typically a 64- or 96-gallon toter cart).

We recommend eliminating the proposed compost chute, and collecting compost in Rubbermaid ‘Slim Jims’ containers placed in each chute vestibule. The Slim Jims should be emptied by building staff into a 64G toter cart for emptying by the trash hauler.

ATM does not recommended collecting apartment compostable materials using a gravity chutes due to the sanitation issues, the collection issues, the corrosive properties of the material, and odorous nature of putrefying household food waste, which is the primary component of organic waste from apartments. The compostable materials will adhere to the sides of the chutes and require frequent chute wash downs.

This will increase the project water usage and sewage loads. The acidic nature of fermenting compost will cause the chute to rust prematurely unless they are made of 304 stainless steel. It is important that proper sanitation protocols are followed since the compostable material that will adhere on the chutes wall is an excellent medium to grow fruit flies, maggots, molds, fungus, yeast and bacteria which can cause insect infestations, allergic reactions and malodors.

Cardboard. Multi-family dwellings generate a tremendous amount of cardboard due to online shopping and food delivery. Typically, half of the units will receive a delivery in a cardboard box every day. This building is projected to receive around 315 cardboard boxes per week. A space should be designated for residents to place flattened cardboard that will not fit in the mixed recycle chute to avoid chute jams. This cardboard will need to be moved by building staff to the recycling bin for disposal.

Odor Control. To mitigate malodors in the trash room(s), a four-pronged approach is recommended including cleaning, proper ventilation, and installing a deodorizer system.

1. Mechanical Exhaust of Trash Collection Room. The mechanical ventilation required rate is 1 CFM/SF, however, ATM recommends increasing this rate as needed, especially in areas with warmer climate.

Exhaust should vent through the roof. ATM does not recommend a chilled/refrigerated trash room. A cooled space will not delay decomposition, and will have minimal impacts on odorous trash.

2. Cleaning the Trash Room.  Trash rooms should be swept clean of debris on a weekly basis. Trash room wash-downs should be scheduled quarterly. These should include cleaning any trash equipment such as compactors, as well as floors and the walls. If possible, bins or compactor receiver containers should be cleaned at the same time, assuming the containers are empty.(Bins should be cleaned by onsite staff. If hauler-provided dumpsters become especially dirty, they should be replaced by the hauler.)

3. Cleaning the Trash Chute. Almost all trash chutes are equipped with deodorizing and sanitizing (D&S) units, located on the top floor behind an access door. These should be operated on a WEEKLY basis, for ~5 minutes. Trash chutes that are designed for a high level of food wastes often also have a “Chute Janitor” built-in wash down system. These should be operated less often, such as 1x per month. When turned on, they should be allowed to run through their normal Rinse-Wash-Rinse cycle. Even with the presence of the D&S and Chute Janitor systems, all trash chutes should be pressured washed at least once a year to clean materials that adhere to the sides of the chutes. In areas with warmer climate we recommend quarterly wash downs. The chute wash down service should include cleaning the trash discharge room, specifically the floors, walls and the trash compactor. © American Trash Management, Inc. 2022 Page 6 of 20 Tuesday, January 25, 2022 2422 Agenda Item 2.
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1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com

4. Odor Control Systems. Odor control systems can be helpful in controlling odors, but most have limited effectiveness or create other problems. Popular low-cost systems that spray a masking agent into the air, only serve to hide odors in the trash room and not eliminate them. Ozone generators are more effective, but the odor-destroying product they create — ozone — can have deleterious effect on human health and can also destroy compactor hoses and seals. One odor control system that avoids these problems is the Piian Mini Vaporizer. It creates a very fine 50-micron mist that bonds with — and ultimately destroys — odor causing molecules. And unlike ozone, the entirely natural blend of plant extracts, essential oils and emulsifiers which is safe and does not damage equipment.

Recommended Residential Trash System-Equipment:

Below is a summary of the recommended trash system equipment for compacted service.

Recommended 2-Chute Vestibule Layout:

Chutes Size Material Bin Type Bin Size Cubic Yards # of Bins/ Carts 2 (2) 30” (2) Galvaneal or
Aluminized
Front Load 2CY waste
2CY recycle
64G compost
2 waste
2 recycle
4 compost
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Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Recommended Residential Trash Room Layout:
© American Trash Management, Inc. 2022 Page 8 of 20 Tuesday, January 25, 2022 2424 Agenda Item 2.
2542
Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
2-Chutes w/BisorterResidential Trash Room Layout:
© American Trash Management, Inc. 2022 Page 9 of 20 Tuesday, January 25, 2022 2425 Agenda Item 2.
2543
Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
3-Chute Layout Residential Trash Room Layout:
© American Trash Management, Inc. 2022 Page 10 of 20 Tuesday, January 25, 2022 2426 Agenda Item 2.
2544
Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Residential Trash Systems:

Automatic Opening (Pneumatic) Chute Intake Door Recommended to meet Housing Accessibility Section 1138A.4.4.

Chute Intake Doors and the Americans' with Disabilities Act of 1990 (ADA) This is a summary of the current state as we understand it. This is not intended to be legal advice and should not be relied upon with out seeking advice of an ADA expert and your legal counsel.

Per most building codes and FHA requirements, “common use” building areas and building elements, such as a trash rooms and trash chutes are required to be accessible. Specifically, the trash chute door is required to comply with accessibility requirements:
• Clear floor space for a wheel chair at the chute door • Chute door hardware within reach range
• Chute door hardware complying with operability requirements.

The operability requirements mandate that the chute door hardware must not involve any of the following:
• Two handed operation (such as depressing a button while turning a door handle) • Tight grasping or pinching
• Twisting of the wrist
• Force to activate the hardware that exceeds 5.0 pounds.

The majority of manual chute intake chute door installations do not comply with the accessibility requirements. Lower quality chute doors require grasping, twisting of the wrist and more than 5 pounds of force to open the chute door. Regardless of what has been installed for the chute door, the chute door is still required by both Code and FHA requirements to comply with accessibility requirements. In the cases where non-compliant chutes have been installed, the building Owner has made management decision to handle the accessibility requirement using other means.

Residential and other buildings are subject to the progressively revised provisions of Federal and Local ADA laws and regulations. To meet the current ADA Standards as they apply to Gravity Trash Chute Intake Doors, the person using the door must not have to grasp, twist, or pinch the control mechanism in Manual Chute Intake Door Air Assist Recycling Chute Intake Door © American Trash Management, Inc. 2022 Page 11 of 20 Tuesday, January 25, 2022 2427 Agenda Item 2.
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Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
order to operate the intake door. ADA Standards also limits the maximum operating force required to open an interior door (without specificity to size) to 5 pounds of force. The maximum allowable mounting height of the operating mechanisms (i.e. door handle, etc) of an ADA compliant device is 48" (for side reach revised as of July 1, 2012 from 54") or 48" (for front reach when hopper door is open). The maximum allowable projection of an ADA compliant device is 4" off the projection surface of the wall.

The Wilkinson Signature Series and IDC-2000 Recycling Manually operated doors require the person operating the door to push a membrane selector switch (waste, recycling or compost) and grasp the ushaped handle, push down on the thumb latch with a finger and pull open the door. This type of intake doors meets the mounting height, the projection, the twist and the pinch requirements but it does not meet the pulling force or the grasp requirement.

Lower quality manual chute intake doors from other manufacturers all use a T-handle or L-handle operating mechanism. These doors fail on 3 counts. They do not meet the pulling force, the grasp and twist requirements. These door are especially hard to operate for persons with arthritis due to the required simultaneously grasping, twisting and pulling motion.

The Wilkinson Signature Series and IDC 2000 Pneumatic Assist door meet all the above requirements since it is operated by pushing a palm button which opens the door automatically. The door closes after a set time and latches so it meets all the current fire code requirements. The air assist mechanism is designed to preclude the need to grasp, twist, or pinch the control mechanism in order to operate the intake door.  The push button meets the height, projection and force requirements too.   It is conceivable, however that certain disabled persons will still not be able to operate this type of door. ADA law requires one to accommodate all persons with disabilities.

The supra-majority of all new construction within the US still uses manually operated chute intake doors due to the extra upfront (~ $900 per floor) and higher maintenance costs of the Pneumatic Assist Chute Intake type of doors. Many building owners have chosen to only install the pneumatic assist doors in facilities with a high senior or disabled population and in order to meet the above ADA requirements make it their policy to provide a staff person to assist any individual with disabilities who need assistance in operating the manual operated door.

Trash chute systems have been designed to meet the fire and life safety found within Building Codes. All trash chute intake doors are required to be behind a rated fire-barrier and any door in these walls is required to be a fire-rated door.

This fire-rated-door is required to be self-closing (or automatic-closing upon the detection of smoke), so it has a closer mechanism and positive latch. Because this door is designated as a “fire-door”, per most codes and accessibility standards (including ANSI A117.1 used for FHA compliance), the door opening force for this door is exempt from typical accessibility requirements (maximum 5 pounds) and allowed to have a minimum opening force allowed by the authority having jurisdiction (typically a maximum of 15 pounds). The opening force for the required fire-rated doors in front of trash chute intake doors routinely exceeds 5 pounds and is more typically in the 14-18 pound range.

Requiring the chute intake door to meet accessibility requirements while allowing the fire-rated door in front of the trash chute intake door to not meet the pull force and grasp requirements is illogical. If an individual with accessibility needs cannot open the fire door in front of the trash chute intake then they will not be able to access the non compliant chute. Owners should always have a policy in place to provide assistance to any person who can not access the trash chute (with or without automatic opening doors). © American Trash Management, Inc. 2022 Page 12 of 20 Tuesday, January 25, 2022 2428 Agenda Item 2.
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Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Bin Moving - Electric Pallet Jack
© American Trash Management, Inc. 2022 Page 13 of 20 Tuesday, January 25, 2022 2429 Agenda Item 2.
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Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Optional Rubbermaid “Slim Jim”. If compost is collected in the trash vestibules. © American Trash Management, Inc. 2022 Page 14 of 20 Tuesday, January 25, 2022 2430 Agenda Item 2.
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Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Residential Trash System Equipment:

Note bins provided by Mission Trail are approximately the same dimensions.

Front Load Bins
Dimensions may vary slightly. Measurements shown are exterior dimensions.

Not all bins are available with wheels.

RecologySanMateoCounty.com | 650.595.3900
8-yard
1-yard 2-yard
3-yard 4-yard
6-yard
39”
29” 82”
53”
40” 82”
82”
68”
56” 82”
72”
82” 70”
47”
62”
91”
82”
73”
© American Trash Management, Inc. 2022 Page 15 of 20 Tuesday, January 25, 2022 2431 Agenda Item 2.
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Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Sample Residential Service Schedule (actual schedule to be determined by hauler and building management) Recommended Compacted Sample Collection Schedule
Loose Sample Collection Schedule
TRASH SYSTEM SPECIFICATIONS: Provided separately.

1. Section 14 91 82 - Trash Chutes & Intake Doors

2. Section 25 30 00 - Compactor Monitoring System (compacted option)

3. Section 44 31 00 - Odor Control
Bin Type Monday Tuesday Wednesday Thursday Friday Saturday 2CY
Compacted
Waste
1 1
2CY
Compacted
Recycle
1 1
64G
Compost
Cart
4 Total Bins 1 1 0 0 1 1
Bin Type Monday Tuesday Wednesday Thursday Friday Saturday 3CY Loose
Waste
2 1 2
3CY Loose
Recycle
2 1 2
64G
Compost
Cart
4 Total Bins 4 0 2 0 4 0
© American Trash Management, Inc. 2022 Page 16 of 20 Tuesday, January 25, 2022 2432 Agenda Item 2.
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Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Front Load Trash Truck Noise Levels
Location Decibel Levels
Banging on Bins when Emptying 100
Behind Garbage Truck (while compacting) 89
8'-0" 17'-10" 11'-3"
4'-9"
21'-0"
37'-2"
32'-3"
11'-6" 8'-0"

AMERICAN TRASH MANAGEMENT
1900 POWELL STREET, SUITE 890
EMERYVILLE, CALIFORNIA 94608
P: 415.292.5400
F: 415.292.5410
[email protected]

DRAWING TITLE
PROJECT NO.

PROJECT

MC DRAWN

APPROVED
DATE
SCALE
DRAWING NO.

SB
07/12/18
NTS

CONSULTANT
FEL.01

ARCHITECT

OWNER / DEVELOPER
NO. DATE ISSUE / REVISION ISSUED BY

PROTOTYPE

FRONT LOAD

COLLECTION VEHICLE
© American Trash Management, Inc. 2022 Page 17 of 20 Tuesday, January 25, 2022 2433 Agenda Item 2.
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Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Staging Area: Front load service front load bins requires 25’ Clear height (no lights, sprinklers or other items within the service area. This is not possible within the building given the current FF to heights). We recommend identifying a location to stage and service the bins on Distel Circle. © American Trash Management, Inc. 2022 Page 18 of 20 Tuesday, January 25, 2022 2434 Agenda Item 2.
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Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Waste, Recycling and Compost Analysis: (Rates reflect the rate increase effective July 1, 2020) Below is a comparative analysis of the disposal and labor costs of handling waste and recycling in loose versus compacted bins. We recommend installing gravity chute-fed compactors under the waste chutes and serious consideration should be given to compacting the recycling stream so as to reduce disposal costs, space requirements and onsite labor costs. The effective service life of a quality compactor can be over 10 years. Please note that the projections below are estimates derived from actual audits of comparable multifamily complexes in California. They are not guaranteed. They are to be used for planning purposes only and may be higher or lower than projected.

TOTAL RESIDENTIAL WASTE AND RECYCLING SYSTEM ANALYSIS
Units: 90
Volume Waste: 0.16 cubic yard/week/unit 32.32
Volume Recycling: 0.16 cubic yard/week/unit 32.32
Volume Compost: 0.012 cubic yard/week/unit 2.424
Compaction Ratio 4 to 1
Staff Labor Rate $20.00 per hour - 1 person
Time move bins 0.5 hr to move to unloading area & back
Rake-Rotate bins 0.15 hr to go to each bin rake or rotate ASSUMPTIONS: # of Trash Rooms 1
Compacted Service 2 cubic yard front load bins
Loose Waste Service 3 cubic yard front load bins
Loose Recycling Service 3 cubic yard front load bins
Loose Compost Service 0.32 cubic yard carts (64 G Toter Carts) COST BENEFIT CALCULATIONS: PROJECTED PROJECTED PROJECTED SERVICE-Waste Loose Compacted Compacted
SERVICE-Recycling Loose Loose Compacted
Loose Waste Volume - CY 14.4 3.6
Compacted Waste Volume - CY 3.6
Loose Recycling Volume - CY 14.4 14.4
Compacted Recycling Volume - CY 3.6
Loose Compost Volume - CY 1.1 1.1 1.1
Waste Bins/week 5 2 2
Recycling Bins/week 5 5 2
Compost carts/week 4 4 4
Containers/week/trash room 14 11 8
SYSTEM CAPITAL COST $0.00 $25,000.00 $50,000.00
WASTE COST/MONTH $2,286.54 $760.70 $760.70
RECYCLING COST/MONTH $0.00 $0.00 $0.00
COMPOST COST/MONTH $0.00 $0.00 $0.00
TRASH COST/MONTH $2,286.54 $760.70 $760.70
COMPACTION SAVINGS/MONTH $0.00 $1,525.84 $1,525.84
STAFF LABOR COST/MONTH $788.06 $619.19 $450.32
STAFF SAVINGS/MONTH $0.00 $168.87 $337.74
NET MONTHLY TRASH COSTS $3,074.60 $1,379.89 $1,211.02
Monthly Trash Cost per Unit $34.16 $15.33 $13.46
PAYBACK-MONTHS N/A 15 27
CARDBOARD ANALYSIS 315 BOXES/WK
© American Trash Management, Inc. 2022 Page 19 of 20 Tuesday, January 25, 2022 2435 Agenda Item 2.
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Agenda Item # 10.
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Recommended Trash System Budget
Estimate $TBD.

Trash System Equipment Specifications: - Provided separately, listed below:

4. Section 44 31 00 - Odor Control
WASTE AND RECYCLING RATES (PARTIAL) CURRENT RATES - REFLECT CHANGES EFFECTIVE 1/2022 City: Los Altos
Franchise: Mission Trail
Multi-Family/Commercial Loose Front Load Waste Rates*:

Frequency/Size: x/wk-CY Size 1 2 3 64 Gallon
1 x Week $165.35 $330.75 $457.29 $84.28
2 x Week $330.75 $661.45 $914.60 $168.58
3 x Week $496.08 $992.16 $1,371.93 $252.85
4 x Week $661.45 $1,322.89 $1,829.23 $337.18
5 x Week $826.82 $1,653.62 $2,286.54 $421.44
6 x Week $992.16 $1,984.34 $2,743.83 $505.74
Bin Push Rates Up to 4CY loose 0-25 feet Per month for each 25 feet over No Charge $31.13
*Rate includes an appropriate level of recycling and organics service for no additional charge. 2018 Multi-family/Commercial Compacted Front Load Waste Volume*:

Container Size-CY 2
1 x Week $383.87
2 x Week $760.70
3 x Week $1,151.57
4 x Week $1,535.43
5 x Week $1,919.26
6 x Week
*There is no charge for compacted recycling.

Chute Fed Compactor Cost $25,000.00 A500, 2-2CY Towable bins-Thru-wall intakes, tax, ship Install Chute Fed Compactor Cost $25,000.00 A500, 2-3CY Towable bins-Thru-wall intake door, tax, ship Install © American Trash Management, Inc. 2022 Page 20 of 20 Tuesday, January 25, 2022 2436 Agenda Item 2.
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CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org
Expanding the range of opportunities for all by
developing, managing and promoting quality
affordable housing and diverse communities.

Distel Circle Apartments
Proposal Statement – Planning Application
February 28, 2022
Project: 90-Unit Multifamily Affordable Housing Community Location: 330 Distel Circle, Los Altos
Current Landowner: Midpen Regional Open Space District
Applicant/Developer: EAH Housing

BACKGROUND
The County of Santa Clara is under contract to purchase 330 Distel Circle (APN# 170-04-051), a 0.87-acre site containing a 12,120 sq ft single story office building (“Property”). EAH proposes to demolish existing office building and to develop a 90 unit, permanently affordable deed-restricted multifamily community.

The proposed development will also have about 10,130 sq ft of amenity space, 90 parking stalls and 45 bicycle stalls.

In alignment with the MOU between the City of Los Altos and the County of Santa Clara, we are in a public-private partnership between EAH, the County, and the City of Los Altos that will create a beautiful, inclusive, and healthy rental community offering permanently affordable housing to income and program-eligible residents.
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CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org

PROPERTY CHARACTERISTICS
The Property is located a half block from the
El Camino Real corridor and is within the El
Camino Real Special Planning Area
delineated within the current City of Los
Altos General Plan. The site is conveniently
located in proximity to the Sutter Healthaffiliated Palo Alto Medical Foundation and within safe walking distance to public transit
and commercial, service, and recreational
amenities along the El Camino corridor. The
Property is located within a Transit Priority
Area, as identified by The Metropolitan
Transportation Commission (MTC) and is
within one-half mile from a Major Transit
Stop located at El Camino Real and Showers
Drive. The Property is a generally flat parcel
bounded by Distel Circle to the East, and
commercial properties to the North, South, and West. Single family homes are along Marich Way to the South and Southwest of the Property but do not directly abut the subject parcel.

Our proposal seeks to achieve the following key outcomes:
• A community comprised of diverse tenants who qualify under CA Low Income Housing Tax Credit guidelines, and which creatively integrates affirmative set asides for households meeting the program criteria for Permanent Supportive Housing
• An environmentally sustainable building program designed to LEED Silver or comparable certification
• An economically viable and intentionally flexible building program designed to factory-built modular or panelized specification and incorporates a mechanical parking system which maximizes ground floor uses and site efficiency.

The site is not in a very high fire severity zone, or wetlands and is not considered a hazardous waste site.

The subject parcel is in Flood Zone X (0.2% chance of flooding). The parcel is not in a delineated earthquake fault zone nor does the subject parcel have a stream or other resource that may be subject to a streamed alteration agreement.
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Agenda Item # 10.

CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org

DEVELOPMENT PROPOSAL
The development proposal delivers measurable outcomes in relation to neighborhood densification and diversification, sustainable and affordable housing, and mass transit use and mobility. EAH proposes:
• A public-private partnership with the City of Los Altos which efficiently streamlines entitlement approvals, as necessary to promptly secure commitments of local, State and Federal financing that will move the project to shovel-readystatus
• Demolish the existing building for the development of a 5-story, Type III building containing 90 apartments (a mix of studio, 1-, 2-, and 3-bedrooms) and ground floor residential serving amenity space. The amenity space will include lobby, community common area, laundry room, mail/package area, bicycle storage, and offices for property management and resident services. • A permanently affordable rental community incorporating a mix of unit types and a range of rent tiers that supports a diversity of income-eligible tenants earning incomes from 30% to no more than 80% of Area Median Income (AMI).

Land-Use:

As proposed, the 330 Distel Circle development will
advance a great number of plans, policies, and
objectives adopted by the City of Los Altos and other
regional agencies, including:
• Los Altos General Plan - Land Use Element Goals
• Los Altos General Plan - Housing Element Goals:
• Los Altos Climate Action Plan
• Los Altos Reach Codes
• Affordable Housing Ordinance
• Santa Clara County Office of Supportive Housing
• ABAG Plan Bay Area 2050
Los Altos Land Use Element encourages a variety of residential housing opportunities by allowing residential uses with adequate parking in appropriate commercial areas, including sections along El Camino Real. The Land Use Element also identifies the Special Planning Area of El Camino Real with a Note: On January 11, 2022, the City held a publicly notified Joint Study Session with the City Council, the Planning Commission, EAH and its design team. This current Proposal Statement and its associated plans and materials incorporate various edits in response to comments and direction received through the Joint Study Session.
2439
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Agenda Item # 10.

CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org
specific goal to improve the land use mix along El Camino Real to ensure fiscal stability, encourage affordable housing, and allow for development intensification along this corridor in a manner that is compatible with the adjacent residential neighborhoods and the local circulation system.

The Property carries a General Plan designation of Thoroughfare Commercial which permits affordable residential opportunities along El Camino Real Corridor. The Property is zoned CT – Commercial Thoroughfare District which has the specific purpose to encourage a variety of residential developments, including affordable housing developments. Per Los Altos Zoning Code, upon granting of a use permit, Multiple-family housing shall be permitted in the CT District. The proposed development is consistent with the underlying land-use.

We anticipate that the proposed development will either comply with the CEQA Class 32 Infill Development criteria and requirement for a categorical exemption or will meet CEQA approval through a Mitigated Negative Declaration.

Design:

The development proposed for 330 Distel Circle is designed as a walkable, equitable, and integral addition to a lively and thriving El Camino Real corridor. This project includes 90 rental units in a single 5 story building. As previously noted, the project as proposed is consistent with existing land use designations.

The apartments include a range of studios (465 sq ft), One-Bedroom (645 sq ft), Two-Bedroom (965 sq ft) and Three-Bedroom Plans (1,105 to 1,175 sq ft.). The Gross Building Area is 114,970 sf with 96,840 sf dedicated to net rentable residential area. Planned amenities include Residential Community Center, exterior courtyards, a co-working area, Bike Storage, and secured parking. The building will include 2440
Agenda Item 2.
2558
Agenda Item # 10.

CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org
elevator access to all floors. The project will include vehicular access to a private and secure 90-stall parking area with access provided by a gated entry located on Distel Circle.

AFFORDABILITY PROGRAM
The proposed development is designed to
provide a beautiful and healthy rental
community and is currently modeled to
provide affordable rents ranging from
30% AMI up to 80% AMI. As currently
structured, the project provides rents
affordable to households earning
incomes ranging from ELI to LI, with an
average affordability of approximately
45% AMI. Rental rates and regulatory use
restrictions are proposed to be consistent
with the terms, conditions, and
underwriting requirements of the County of Santa Clara Measure A program, the County of Santa Clara Sect. 8 Project Based Voucher program, CA HCD soft-loan programs, and the 4% Low Income Housing Tax Credit program. Accordingly, regulatory agreements will be recorded against the property to ensure continued affordability and restricted use over no less than a 55-year term.

As currently modeled, 45 units (or 50% of the total units) will have rents affordable to families or individuals earning no more than 30% AMI, 12 units will have rents up to 50% AMI, 25 units will have rents up to 60% AMI and 6 units will have rents up to 80% AMI. Based on these proposed rent levels, the proposed development will comply with the Los Altos Affordable Housing Ordinance. 2441
Agenda Item 2.
2559
Agenda Item # 10.

CALIFORNIA 22 Pelican Way, San Rafael, CA 94901 | (415) 258-1800 | CA Lic. 853495 HAWAII 1001 Bishop Street, #2880, Honolulu, HI 96813 | (808) 523-8826 | HI Lic. RB-16985 www.EAHHousing.org

PROJECT CONTACTS
Development, Management, Resident Services
EAH Housing
Welton Jordan
415 295-8876
[email protected]
Steve Pratt
415 592-5919
[email protected]
Design Consultants
Architect/Urban Design
KTGY Architecture
Lily Ciammaichella AIA, LEED BD+C
(510) 463-2045
[email protected]
Civil Engineering
BKF Engineers
Scott Schork, PE
(408) 467-9126
[email protected]
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BLDG
PERMIT No.
22 2476 PLANREVIEW No.

DEVELOPMENTAL REVIEW COMMENTS
Plans and Scope of Review:

This project shall comply with the following:

The California Fire (CFC) & Building (CBC) Code, 2019 edition, as adopted by the City of Los Altos Municipal Code (LAMC), California Code of Regulations (CCR) and Health & Safety Code.

The scope of this project includes the following:

Proposed new 116,040 SF five-story 90 unit multifamily residential facility with one-level of underground parking and one level of commercial space.

Plan Status:

Plans are APPROVED with the following conditions.

Plan Review Comments:

1. Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.

2. Fire Sprinklers Required: (As noted on Sheet A0.4) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18.

3. Fire Alarm Requirements: (As noted on Sheet A0.4) Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop drawings (3 sets) after planning permit approval and a permit application to the SCCFD for approval before installing or altering any system. Call (408) 341 -4420 for more information.

City
Y
E
PLANS
Y
E
SPECS
Y
E
NEW
Y
E
RMDL CONST. TYPE
BY
PAGE

SEC/FLOOR
B/R2/S

OCCUPANCY
LOAD
116,040
AREA
Ktgy Architecture
ApplicantName

EAH HOUSING

NAME OF PROJECT LOCATION
Y
E
AS
5 OF
5+1UG
IIIA 1
DATE
LOS 07/11/2022
Flanagan, Caleb

PROJECT DESCRIPTION
Commercial Development
TABULAR FIRE FLOW REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW @ 20 PSI 5000 75% 1250

PROJECT TYPE OR SYSTEM
Design Review
330 Distel Circle Los Altos
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BLDG
PERMIT No.
22 2476 PLANREVIEW No.

DEVELOPMENTAL REVIEW COMMENTS

4. Two-way communication system: (As noted on Sheet A0.4) Two-way communication systems shall be designed and installed in accordance with NFPA 72, the California Electrical Code, the California Fire Code (2019 edition), the California Building Code (2019 edition), and the city ordinances where two way system is being installed, policies, and standards. Other standards also contain design/installation criteria for specific life safety related equipment. These other standards are referred to in NFPA 72.

5. Emergency responder radio coverage in new buildings: (As noted on Sheet A0.4) All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.

6. Required Aerial Access: Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. 3. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official. [CFC Chp. 5 and SCCFD SD&S A-1]. Aerial access is required for this building. -Show on the plans that the area not compliant with aerial apparatus requirements will be red curbed and/or that signs stating "fire lane" will be installed (Shown on Sheet A0.4). -Provide building/street section view showing how the aerial ladder access will be achieved and any landscaping that may obstruct access (Shown on Sheet A0.5).

City
Y
E
PLANS
Y
E
SPECS
Y
E
NEW
Y
E
RMDL CONST. TYPE
BY
PAGE

SEC/FLOOR
B/R2/S

OCCUPANCY
LOAD
116,040
AREA
Ktgy Architecture
ApplicantName

EAH HOUSING

NAME OF PROJECT LOCATION
Y
E
AS
5 OF
5+1UG
IIIA 2
DATE
LOS 07/11/2022
Flanagan, Caleb

PROJECT DESCRIPTION
Commercial Development
TABULAR FIRE FLOW REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW @ 20 PSI 5000 75% 1250

PROJECT TYPE OR SYSTEM
Design Review
330 Distel Circle Los Altos
2444
Agenda Item 2.
2562
Agenda Item # 10.

BLDG
PERMIT No.
22 2476 PLANREVIEW No.

DEVELOPMENTAL REVIEW COMMENTS

7. Buildings and Facilities Access: Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1]. Distances up to 300 feet are justified on Sheet A0.4. Elements conductive to firefighter safety include a NFPA 13 fire sprinkler system, 4 foot navigable path around the exterior of the building, narrow canopied trees and landscaping, and standpipes on the West side of the building.

8. Required Fire Flow: The fire flow for this project is 5,000 GPM at 20 psi residual pressure. Since an automatic fire sprinkler system will be installed, the fire flow will be reduced by 75%, establishing a required adjusted fire flow of 1,250 GPM at 20 psi residual pressure. Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1. Will serve letter provided by CalWater.

9. Public Fire Hydrant Proposed: Provide a public fire hydrant at a final location to be determined jointly by the Fire Department and CalWater. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C. A new public fire hydrant is proposed on Sheet A0.4 and A1.1. Prior to installation, applicant shall submit fire hydrant spotting plans to SCCFD to confirm final location. Will serve letter provided by CalWater.

10. Standpipes Required: Standpipe systems shall be provided in new buildings and structures where the floor level of the highest story is located more than 30 feet above the lowest level of fire department vehicle access. Fire hose threads used in connection with standpipe systems shall be approved and shall be compatible with fire department hose threads. The location of fire department hose connections shall be approved. Standpipes shall be manual wet type. In buildings used for highpiled combustible storage, fire hose protection shall be in accordance with Chapter 32. Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14 as amended in Chapter 47. CFC Sec. 905.

City
Y
E
PLANS
Y
E
SPECS
Y
E
NEW
Y
E
RMDL CONST. TYPE
BY
PAGE

SEC/FLOOR
B/R2/S

OCCUPANCY
LOAD
116,040
AREA
Ktgy Architecture
ApplicantName

EAH HOUSING

NAME OF PROJECT LOCATION
Y
E
AS
5 OF
5+1UG
IIIA 3
DATE
LOS 07/11/2022
Flanagan, Caleb

PROJECT DESCRIPTION
Commercial Development
TABULAR FIRE FLOW REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW @ 20 PSI 5000 75% 1250

PROJECT TYPE OR SYSTEM
Design Review
330 Distel Circle Los Altos
2445
Agenda Item 2.
2563
Agenda Item # 10.

BLDG
PERMIT No.
22 2476 PLANREVIEW No.

DEVELOPMENTAL REVIEW COMMENTS

11. Fire Department Connection: The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2”) inch national standard threaded inlet couplings.

Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard]. FDC shall be located within 100 feet of the public hydrant.

12. Emergency Gate/Access Gate Requirements: Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required 20' width for emergency access roadways. Locks, if provided, shall be fire department approved prior to installation. Gates across the emergency access roadways shall be equipped with an approved access device. If the gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed. CFC Sec. 503.6 and 506. As shown on Sheet A0.4.

13. Roof access, pathways and spacing is required around solar photovoltaic power systems in accordance with CFC 1204. Review of required pathways will be completed as part of the building permit plan review.

14. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.

15. Timing of installation: When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided.

Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2.  Construction documents.

Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus access and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. CFC Sec. 501.3, 501.4.

City
Y
E
PLANS
Y
E
SPECS
Y
E
NEW
Y
E
RMDL CONST. TYPE
BY
PAGE

SEC/FLOOR
B/R2/S

OCCUPANCY
LOAD
116,040
AREA
Ktgy Architecture
ApplicantName

EAH HOUSING

NAME OF PROJECT LOCATION
Y
E
AS
5 OF
5+1UG
IIIA 4
DATE
LOS 07/11/2022
Flanagan, Caleb

PROJECT DESCRIPTION
Commercial Development
TABULAR FIRE FLOW REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW @ 20 PSI 5000 75% 1250

PROJECT TYPE OR SYSTEM
Design Review
330 Distel Circle Los Altos
2446
Agenda Item 2.
2564
Agenda Item # 10.

BLDG
PERMIT No.
22 2476 PLANREVIEW No.

DEVELOPMENTAL REVIEW COMMENTS

16. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.

17. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.

This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction.  A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid.  Any addition to or alteration of approved construction documents shall be approved in advance [CFC, Ch.1, 105.3.6].

City
Y
E
PLANS
Y
E
SPECS
Y
E
NEW
Y
E
RMDL CONST. TYPE
BY
PAGE

SEC/FLOOR
B/R2/S

OCCUPANCY
LOAD
116,040
AREA
Ktgy Architecture
ApplicantName

EAH HOUSING

NAME OF PROJECT LOCATION
Y
E
AS
5 OF
5+1UG
IIIA 5
DATE
LOS 07/11/2022
Flanagan, Caleb

PROJECT DESCRIPTION
Commercial Development
TABULAR FIRE FLOW REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW @ 20 PSI 5000 75% 1250

PROJECT TYPE OR SYSTEM
Design Review
330 Distel Circle Los Altos
2447
Agenda Item 2.
2565
Agenda Item # 10.
2566
Agenda Item # 10.
2567
Agenda Item # 10.
30"x48" 30"x48" UP DN
OTIS GEN 2 3500 UPDN
10'-11" 10'-8" 11'-0"222'-6" El Camino Real
Distel Circle
Marich Way
Panchita Way
Los Ninos Way
0 16 32 64
1A
1B
1C
3 4
2 KEY MAP 2568
Agenda Item # 10.

OPTION 1A2569
Agenda Item # 10.

OPTION 1B2570
Agenda Item # 10.

OPTION 1C2571
Agenda Item # 10.

VIEW 2 -

DISTEL CIRCLE STREETSCAPE
2572
Agenda Item # 10.

VIEW 3 -

DISTEL CIRCLE BUILDING
ENTRY 2573
Agenda Item # 10.

VIEW 4 -
DISTEL CIRCLE AERIAL VIEW 2574
Agenda Item # 10.
2575
Agenda Item # 10.
2576
Agenda Item # 10.
2577
Agenda Item # 10.
2578
Agenda Item # 10.
2579
Agenda Item # 10.
2580
Agenda Item # 10.
2581
Agenda Item # 10.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A0.0

COVER SHEET
330 DISTEL CIRCLE
2582
Agenda Item # 10.

DISTEL CIRCLE

EL CAMINO REAL

SHEET INDEX
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A0.1

PROJECT DATA

SHEET INDEX AND PROJECT SUMMARY
VICINITY MAP (N.T.S.)
330 DISTEL CIRCLE, LOS ALTOS

PROJECT SITE

PROJECT DATA PROJECT TEAM
2583
Agenda Item # 10.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A0.2

SITE CONTEXT
2584
Agenda Item # 10.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A0.3

SOLAR STUDY
March + September: 9 am
March + September: 12 pm
March + September: 3 pm
June: 9 am
June: 12 pm
June: 3 pm
December: 9 am
December: 12 pm
December: 3 pm
2585
Agenda Item # 10.

UP DN
OTIS GEN 2 3500 LEVEL 1
GROSS AREA =
27,800 SF
30"x48" 30"x48" UP DN
OTIS GEN 2 3500 UPDN
LEVEL 2
GROSS AREA =
22,350 SF
Courtyard
30"x48" 30"x48" UP DN UPDN
LEVEL 3OTIS GEN 2 3500 GROSS AREA =
22,350 SF
30"x48" 30"x48" UP DN UP DN
LEVEL 4OTIS GEN 2 3500 GROSS AREA =
22,350 SF
30"x48" 30"x48" UP DN UPDN
OTIS GEN 2 3500
Roof
LEVEL 5
GROSS AREA =
21,140 SF
A0.6
F.A.R. DIAGRAM
0 8 16 24
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
LEVEL 1 LEVEL 2 LEVEL 3
LEVEL 4 LEVEL 5
DEFINITIONS: (as per Los Altos Municipal Code Secn 14.02.070) · Floor Area Ratio means the maximum ratio of gross floor area on a site to the total site area. · Gross Floor Area means the total floor space under roof of all floors of a building measured to the outside surfaces of exterior walls, including halls, stairways, elevator shafts, ducts, service and mechanical equipment rooms, interior courts, garages, enclosed accessory structures, and carports.
· Total Site Area means the total horizontal area included within the property lines of a single site.

LEVEL 1
LEVEL 2
LEVEL 3
LEVEL 4
LEVEL 5
___________________________ TOTAL
TOTAL SITE AREA = 38,050 SF
FAR = 115,998 / 38,050 = 3
= 27,800 SF
= 22,350 SF
= 22,350 SF
= 22,350 SF
= 21,140 SF
= 115,990 SF
2586
Agenda Item # 10.

UP DN
OTIS GEN 2 3500
Residential
Parking
±10'-11" ±10'-8" ±11'-0"±222'-6" 125'-2"FR
300 ft
Entry Drive 4'-0" ±29'-9" 10'-0"
10ft easement
Distel Circle
Aerial Apparatus Access Road apparatus access units above for aerial 30' max. from road to Between 15' min.to 300 ft
A

5. Gate
A0.4

FIRE ACCESS DIAGRAM
0 8 16 24 LEVEL 1
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 15, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
Project Summary
Site Area .87 acres
Dwelling Units 90 Units
Proposed Use Multifamily Residential
Construction Type Type IIIA 5 stories
Parking Surface + Mechanized Parking
Fire Access Plan
26' aerial apparatus access road
300' maximum. See request below per
Exception 1 of 503.1.1 of Santa Clara County
code.

Stair Fire Riser
Wet Standpipe
Stair with roof access
Ladder: Maximum 75 degree laddering angle to
meet 15-30ft requirement from building to fire
staging area.

Red curbed area and/or fire lane signage to be
installed
Knox box for garage gate
Project is requesting for 300ft hose reach from Distel
per Exception 1 of 503.1.1 Santa Clara County code
below.
-NFPA 13 Fire sprinkler system proposed.
-4ft gravel path around the building for fire access.
-3 sides are surrounded on the other side of our
property line with parking so access from adjacent
parcels are available.
-Main frontage has aerial apparatus access.
-A narrow canopied variety of tree proposed on the
West, North, East sides. See Landscape Drawings.
-Western stair goes to the roof.
-Western stair has standpipe connection at ground
level from exterior.
-Wet standpipe proposed on the Courtyard - Level 2
NOTES

1. NFPA 13 Sprinkler system proposed. To be
deferred submittal.

2. Fire alarm system to be submitted as a deferred
submittal.

3. A two-way communication system shall be
provided as a deferred submittal.

4. Emergency responder radio coverage shall be
provided as a deferred submittal.

5. Knox key for automatic gates per section CFC
Sec. 503.6 and 506.
2587
Agenda Item # 10.
30"x48" 30"x48" UP DN
OTIS GEN 2 3500 UP DN
75 ft
75 ft
±222'-6" 127'-11" 29'-6"
Distel Circle
Aerial Apparatus Access Road
65°
75 degree
max.

A
± 72 ft (100ft ladder max.)
29'-6" ±64'-6"
59°
Fire Ladder
Distel Circle
See note 1
PL
75° max
A0.5

FIRE ACCESS DIAGRAM
0 8 16 24 LEVEL 2
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 15, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
Section A
Note:

1. Tree shown as ±20' height x ±15' width. See Landscape drawings for more information. Regquirement is for trees to be clear of 75 degree max. laddering angle.
2588
Agenda Item # 10.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A1.0

CONCEPTS

DISTEL CIRCLE AERIAL
330 DISTEL CIRCLE
We propose an innovative solution
to the housing and parking needs
for today and the future through four
design concepts while providing an
inclusionary and healthy community:

1. Mechanized Parking Solution

2. Mass Timber

3. Modular Units

4. Sustainabilty
2589
Agenda Item # 10.

UP DN
OTIS GEN 2 3500
10'-11" 14'-0"10'-8" 11'-0"
11'-10"
222'-6" 125'-2" El Camino Real

DRIVELANE
+2 MECHANIZED PARKING STALLS
+2/-1 MECHANIZED PARKING STALLS

UTILITY
HC

LOADING /

UNASSIGNED STALLS
OFFICE
BREAK
ROOM
RR

MULTI-PURPOSE
ROOM

CO-WORK
MAINT.

ROOM
LOBBY/
LOUNGE

BICYCLE
TRASH
RR

PACKAGE/MAIL

LAUNDRY
UTILITY STR. KITCH.

OFFICE
OFFICE
OFFICE
GATE

EVR EVR EVR EVR
HC HC
23'-0" 24'-0"
9'-0" 18'-0"
Distel Circle

DRIVELANE
+2 MECHANIZED PARKING STALLS
+2/-1 MECHANIZED PARKING STALLS

UTILITY
HC

LOADING /

UNASSIGNED STALLS
OFFICE
BREAK
ROOM
RR

MULTI-PURPOSE
ROOM

CO-WORK
MAINT.

ROOM
LOBBY/
LOUNGE

BICYCLE
TRASH
RR

PACKAGE/MAIL

LAUNDRY
UTILITY STR. KITCH.

OFFICE
OFFICE
OFFICE
GATE

EVR EVR EVR EVR
HC HC
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A1.1

SITE PLAN
0 8 16 32 GROUND LEVEL

MECHANIZED PARKING SOLUTION
The efficient parking design and
space optimization of a mechanized
parking solution allows for 90
parking spaces. A long entry drive
has been designed into the ground
level plan to allow for a generous
queuing area.

EVR - EV Ready Stalls
HC - Accessible Stalls
Vehicular flow Pedestrian flow LEGEND
2590
Agenda Item # 10.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A1.2

PROPOSED DESIGN

MASS TIMBER

MASS TIMBER
Our project team anticipates several
key benefits from utilizing mass timber
as opposed to concrete to construct
the ground level of the project.
· Renewable Resource
· Reduced Carbon Footprint
· Faster Construction
· Less disruptive construction
process
· Natural warm wood aesthetic

DISTEL CIRCLE BUILDING ENTRY
2591
Agenda Item # 10.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A1.3

PROPOSED DESIGN

MODULAR UNITS

MODULAR UNITS
90 Residential units located at level 2-5
are envisioned to be built of modular
manufactured units. Modular units
allow for:

DISTEL CIRCLE STREETSCAPE
· Reduced construction noise and
disruption
· Minimal material waste
· Faster construction
2592
Agenda Item # 10.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A1.4

SUSTAINABLE STRATEGIES

DISTEL CIRCLE PROPOSED ELEVATION
2593
Agenda Item # 10.
18'-0"
222'-6"

MECHANIZED PARKING STALLS

GROUND LEVEL ABOVE
69 66 63 60 57 54 51 48 45 43 40 37 34 31 28 25 22 19 17 14 11 8 5 2 8'-6"
A2.0

BUILDING PLAN
0 8 16 24 SUBTERRANEAN LEVEL
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
B
A3.0
A
A3.0
2594
Agenda Item # 10.

UP DN
OTIS GEN 2 3500 UPDN

UTILITY
OFFICE
BREAK
ROOM
RR

MULTI-PURPOSE
ROOM

CO-WORK
MAINT.

ROOM
LOBBY/
LOUNGE

BICYCLE
TRASH
RR

PACKAGE/MAIL

LAUNDRY
STR. KITCH. UTILITY
OFFICE
OFFICE
OFFICE
GATE
23'-0" 24'-0"
9'-0" 18'-0"125'-2"
222'-6"
8" 5'-5" 6'-8" 5'-5" 6'-8" UP DN

DRIVELANE
+2 MECHANIZED PARKING STALLS
+2/-1 MECHANIZED PARKING STALLS

LOADING /

UNASSIGNED STALLS
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 35
36 37
38 39
40 41
42 43
71 70
72 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
61 62
63 64
65 66
67 68
69 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
79 80
81 82
83 84
85 86
87 88
89 90

EVR EVR
74 73
75 EVR EVR EVR
77 78 76

EVR EVR EVR EVR UP DN
OTIS GEN 2 3500 18'-0"
8'-6"
UTIL.

UTIL.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 15, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A2.1

BUILDING PLAN
0 8 16 24 LEVEL 1
LEGEND
* EVR = EV Ready Stalls
* = Accessible Stalls
B
A3.0
A
A3.0
#
2595
Agenda Item # 10.

Courtyard
Amenity
(Single Height)
P3-1 P3-0
P1-0
P1-0 P1-0
P2-0
P3-0 P3-1
P3-0 P1-0 P1-0 P2-0 P2-0 P2-0 P3-0
P2-0
P0-1
P0-1
P0-1
P0-1
P0-1
P0-1 127'-10"
70'-0" 82'-10" 70'-0"
222'-10" 5'-5" 6'-8" 5'-5" 6'-8"
30"x48" 30"x48" UP DN
OTIS GEN 2 3500 UP DN
A2.2

BUILDING PLAN
0 8 16 24 LEVEL 2
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
B
A3.0
A
A3.0
2596
Agenda Item # 10.

P3-1 P3-0
P1-0
P1-0 P1-0
P2-0
P3-0 P3-1
P3-0 P1-0 P1-0 P2-0 P2-0 P2-0 P3-0
P2-0
P0-1
P0-1
P0-1
P0-1
P0-1
P0-1
P2-0 127'-10"
70'-0" 82'-6" 70'-0"
222'-6" 5'-5" 6'-8" 5'-5" 6'-8"
30"x48" 30"x48" UP DN UPDN
OTIS GEN 2 3500
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A2.3

BUILDING PLAN
0 8 16 24 LEVELS 3-4
B
A3.0
A
A3.0
2597
Agenda Item # 10.

P3-1
P1-0
P1-0 P1-0
P2-0
P3-1 P3-0
P3-0 P1-0 P1-0 P2-0 P2-0 P2-0 P3-0
P2-0
P0-1
P0-1
P0-1
P0-1
P0-1
P0-1
P2-0
Roof 127'-10"
70'-0" 82'-10" 70'-0"
222'-10" 5'-5" 6'-8" 5'-5" 6'-8"
30"x48" 30"x48" UP DN UP DN
OTIS GEN 2 3500
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A2.4

BUILDING PLAN
0 8 16 24 LEVEL 5
B
A3.0
A
A3.0
2598
Agenda Item # 10.

Roof Below
Potential
Solar PV
Area
Potential
Solar PV
Area
Potential Solar
PV Area
1 2
" / ft 127'-10"
Potential Solar
PV Area
Potential Solar
PV Area
222'-10" UPDN AC Condensers
AC Condensers AC Condensers
1 2
" / ft
2 1" / ft
2 1" / ft
1 2
" / ft
1 2
" / ft
Elevator
Overrun
Stair Roof Screen
Roof Screen Roof Screen
Roof Screen
AC Condenser
LEGEND
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
A2.5

ROOF PLAN
0 8 16 24
B
A3.0
A
A3.0
2599
Agenda Item # 10.

SUBMITTAL #3
JUNE 3, 2022
2600
Agenda Item # 10.
1 1 5 9 3 6 2 7 Level 1 Level 2 Level 3 T.O. Plate
14'-6" 9'-0"
± 59'-6"
± 64'-6" T.O. Roof Level 4 Level 5
5'-0" 2'-0" 9'-0" 9'-0" 9'-0" 2'-0" 2'-0" 1'-0" 2'-0"
± 69'-6" T.O. Stair
5'-0" 3 P.L. P.L. Level 1 Level 2 Level 3 T.O. Plate
14'-6" 9'-0"
± 59'-6"
± 64'-6" T.O. Roof Level 4 Level 5
5'-0" 2'-0" 9'-0" 9'-0" 9'-0" 2'-0" 2'-0" 1'-0" 2'-0"
± 69'-6" T.O. Stair
5'-0" 5 7 1 1 4 8 1 2 6 P.L. P.L. 330 DISTEL CIRCLE LOS ALTOS # 2021-0042 SUBMITTAL #3 JUNE 3, 2022 Architecture + Planning 1814 Franklin St., Ste. 400 Oakland, CA 94612 510.272.2910 ktgy.com 0 8 16 24 Key Map n.t.s 1 2 1. Distel Drive Elevation 2. Side Elevation Material Legend: 1. Stucco 2. Wood 3. Metal Window 4. Wood Composite Railing 5. Metal Solar Shade 6. Metal Awning 7. Metal Screen 8. Vinyl Window 9. Wood Composite Panel A4.0 BUILDING ELEVATIONS *Reference landscape sheets L1.1 - L3.1 for fencing details. 2601 Agenda Item # 10.
1 6 8 1 7 5 4 Level 1 Level 2 Level 3 T.O. Plate
14'-6" 9'-0"
± 59'-6"
± 64'-6" T.O. Roof Level 4 Level 5
5'-0" 2'-0" 9'-0" 9'-0" 9'-0" 2'-0" 2'-0" 1'-0" 2'-0"
± 69'-6" T.O. Stair
5'-0" P.L. P.L. 2 1 5 4 1 6 7 8 Level 1 Level 2 Level 3 T.O. Plate 14'-6" 9'-0"
± 59'-6"
± 64'-6" T.O. Roof Level 4 Level 5
5'-0" 2'-0" 9'-0" 9'-0" 9'-0" 2'-0" 2'-0" 1'-0" 2'-0"
± 69'-6" T.O. Stair
5'-0" P.L. P.L. 330 DISTEL CIRCLE LOS ALTOS # 2021-0042 SUBMITTAL #3 JUNE 3, 2022 Architecture + Planning 1814 Franklin St., Ste. 400 Oakland, CA 94612 510.272.2910 ktgy.com 0 8 16 24 Key Map n.t.s 1. Rear Elevation 2. Side Elevation Material Legend: 1. Stucco 2. Wood 3. Metal Window 4. Wood Composite Railing 5. Metal Solar Shade 6. Metal Awning 7. Metal Screen 8. Vinyl Window 9. Wood Composite Panel 2 1 A4.1 BUILDING ELEVATIONS *Reference landscape sheets L1.1 - L3.1 for fencing details. 2602 Agenda Item # 10.
1 6 2 7 10 9 6 11 5 12 1 10 13 4 2 4 3 9 8 7 5 11 330 DISTEL CIRCLE LOS ALTOS # 2021-0042 SUBMITTAL #3 JUNE 3, 2022 Architecture + Planning 1814 Franklin St., Ste. 400 Oakland, CA 94612 510.272.2910 ktgy.com 0 8 16 24 Key Map n.t.s 1 2 1. Distel Drive Elevation 2. Side Elevation A5.0 COLOR AND MATERIALS BOARD *Reference the Los Altos Objective Design Standards 1. Stucco 2. Stucco 6. Metal Window - White 8. Vinyl Window - White 7. Storefront 9. Wood Composite Railing / Panel 10. Metal Solar Shade 11. Metal Awning 4. Stucco 12. Metal Screen 3. Stucco 5. Wood 13. Metal Screen 2603 Agenda Item # 10.
2604
Agenda Item # 10.
2605
Agenda Item # 10.
2606
Agenda Item # 10.
2607
Agenda Item # 10.

PRELIMINARY TREE PALETTE

ARBUTUS MARINA

STRAWBERRY TREE

CERCIS OCCIDENTALIS
WESTERN REDBUD LAGERSTROEMIA SPP.

CREPE MYRTLE

ARBUTUS MARINA

STRAWBERRY TREE

CERCIS OCCIDENTALIS

WESTERN REDBUD
LAGERSTROEMIA SPP.

CREPE MYRTLE

PRELIMINARY SHRUB PALETTE
2 PL AY MOUNDS O R CO M PA R A B L E
3 WATERLILY BALANCE O R CO M PA R A B L E
4 WOODEN FENCE
1 B I C YC L E R AC K
2608
Agenda Item # 10.
2609
Agenda Item # 10.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022

BKF ENGINEERS
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
12-31-23 C2.0

EXISTING CONDITIONS
2610
Agenda Item # 10.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022

BKF ENGINEERS
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
12-31-23 C3.0

PRELIMINARY GRADING PLAN
FILL (ON & OFF SITE)::

CUT (ON & OFF SITE):
900 CY
350 CY
NET (ON & OFF SITE):: 550 CY (IMPORT)
2611
Agenda Item # 10.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022

BKF ENGINEERS
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
12-31-23 C4.0

PRELIMINARY UTILITY PLAN
2612
Agenda Item # 10.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022

BKF ENGINEERS
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
12-31-23 C5.0

PRELIMINARY STORMWATER

CONTROL PLAN
2613
Agenda Item # 10.
330 DISTEL CIRCLE
LOS ALTOS # 2021-0042
SUBMITTAL #3
JUNE 3, 2022

BKF ENGINEERS
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
12-31-23 C6.0

FIRE HOSE REACH PLAN
2614
Agenda Item # 10.

UP DN AMERICAN TRASH MANAGEMENT 1900 POWELL STREET, SUITE 220 EMERYVILLE, CALIFORNIA 94608 P: 415.292.5400 F: 415.292.5410 [email protected] DRAWING TITLE 330 DISTEL CIRCLE LOS ALTOS PROJECT NO. PROJECT CS DRAWN APPROVED DATE SCALE DRAWING NO. SB 02/23/22 AS SHOWN CONSULTANT SITE PLANTR0.0 ARCHITECT OWNER / DEVELOPER NO. DATE ISSUE / REVISION ISSUED BY KTGY EAH HOUSING RESIDENTIAL TRASH COLLECTION ROOM 03/02/2022 2615 Agenda Item # 10.

UP DN UPDN AMERICAN TRASH MANAGEMENT 1900 POWELL STREET, SUITE 220 EMERYVILLE, CALIFORNIA 94608 P: 415.292.5400 F: 415.292.5410 [email protected] DRAWING TITLE 330 DISTEL CIRCLE LOS ALTOS PROJECT NO. PROJECT CS DRAWN APPROVED DATE SCALE DRAWING NO. SB 02/23/22 AS SHOWN CONSULTANT UPPER FLOOR CHUTE VESTIBULE (TYP.) TR0.1 ARCHITECT OWNER / DEVELOPER NO. DATE ISSUE / REVISION ISSUED BY KTGY EAH HOUSING UPPER FLOOR CHUTE VESTIBULE 03/02/2022 2616 Agenda Item # 10.

DN 2CY WASTE COMPACTED CONTAINER 2CY RECYCLE COMPACTED CONTAINER 64G COMPOST CART ELECTRIC PALLET JACK 2CY WASTE SPARE CONTAINER 2CY RECYCLE SPARE CONTAINER PROJECTED COLLECTION SCHEDULE: RESIDENTIAL TRASH ROOM WASTE COMPOST SERVICE: CONTAINER VOL / TYPE: FREQUENCY: (1) 2CY FL COMPACTOR CONTAINER 2x/wk (4) 64G TOTER CARTS 1x/wk RECYCLING (1) 2CY FL LOOSE CONTAINERS 2x/wk 6 64G COMPOST CART 64G COMPOST CART 64G COMPOST CART WE RECOMMEND ROTATING THE CHUTES IN ORDER TO ACCOMMODATE TRASH EQUIPMENT BELOW. DESIGN ISSUE 5' ADA RUBBERMAID SLIM JIM FOR COMPOST. TO BE EMPTIED DAILY INTO TRASH COLLECTION ROOM COMPOST CONTAINER. AMERICAN TRASH MANAGEMENT 1900 POWELL STREET, SUITE 220 EMERYVILLE, CALIFORNIA 94608 P: 415.292.5400 F: 415.292.5410 [email protected] DRAWING TITLE 330 DISTEL CIRCLE LOS ALTOS PROJECT NO. PROJECT CS DRAWN APPROVED DATE SCALE DRAWING NO. SB 02/23/22 AS SHOWN CONSULTANTRESIDENTIAL TRASH ROOM & CHUTE VESTIBULE (2 CHUTES W/ SLIM JIM) TR1.0 ARCHITECT OWNER / DEVELOPER NO. DATE ISSUE / REVISION ISSUED BY KTGY EAH HOUSING 03/02/2022 2617 Agenda Item # 10.

PUBLIC CORRESPONDENCE

The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
2618
Agenda Item # 10.

From: Gabriel Engeland
To: Public Comment
Cc: Nick Zornes
Subject: Fw: 330 Distel Circle Privacy Concern
Date: Monday, September 12, 2022 8:28:37 PM
Thanks,
Gabe
Gabriel Engeland
City Manager
City of Los Altos
(650) 947-2740 | www.losaltosca.gov
From: Damian H <
Sent: Monday, September 12, 2022 6:31 PM
To: City Council <[email protected]>; Anita Enander <[email protected]>; Sally Meadows <[email protected]>; Neysa Fligor <[email protected]>; Lynette Lee Eng <[email protected]>; Jonathan Weinberg <[email protected]> Subject: 330 Distel Circle Privacy Concern
Los Altos City Council, the 5-story building to be developed on 330 Distel Circle will impact the privacy of several homes located in the Marich Way neighborhood (see diagram below).

This is due to the fact that the 5-story building windows facing Marich Way will be overlooking the various homes' backyards, swimming pools, and (bedroom) windows. The current trees provide little coverage due to the height of this new development (existing trees on 330 Distel Circle will be removed)
I moved to my house about 2-years ago and I followed all the laws to remodel it. We even reduced the size of the roof on the backyard (which would have provided extra privacy) to meet the Los Altos city code. None of the houses developed on Marich Way or in the neighborhood, expected such a tall construction to be developed. With this in mind, I would like to request the developer of this property to come up with a proposal to avoid endangering the privacy of the current homes, such as: 1) Reducing the height of the development, 2) Plant additional trees (or equivalent tall vegetation) closer to the actual impacted homes so privacy can be respected, 3) The windows of the building facing Marich should be reduced to small windows close to the ceiling of the apartment units so people inside the unit cannot see down while light can still go through.

I have been working with the developers on this issue but little progress is happening. Though I attended the last council meeting on August 18th, I did not feel that neighbors had enough time to voice their concerns (we had 2 mins on a full 2-hour presentation). In other words, we spendt almost 2 hours discussing the property in question but less than 2 mins to voice concerns and we were not able to be part of the overall discussion (i.e. the approach does not seem fair necessarily).
2619
Agenda Item # 10.

Lastly, the City of Los Altos seems to not be willing/able to properly enforce parking codes (which impact RVs as well as vehicles parked overnight). Case in point, I reported an RV parked on 330 Distel Circle and it took more than 5 attempts to get it handled. More concerning, the 330 Distel Circle property will only have 90 mechanical parking spaces for the 90-units being proposed (which will be insufficient since in general most units will have 2 cars each) In addition, there is no reassurance that the actual mechanical parking unit will be required to be used, stay functional, etc. As such, there is a very high chance that cars from this new building will be parked on the streets for days and/or overnight. Based on https://www.losaltosca.gov/cityclerk/page/los-altos-municipal-code, "The Los Altos City Code contains provisions and laws adopted by the City Council to maintain a healthy and safe community and to preserve the quality-of-life in Los Altos. The Code includes Zoning and Building regulations as well as administrative regulations." As such, why does the City enforces certain codes, while not others (such as "8.20.090 - Parking for more than 72 hours" and "8.20.220 - All night parking prohibited."? How would these City codes be enforced for this new building? How does the City determine which codes to enforce while maintaining a safe community and good quality-of-life? We need to ensure that we are consistent on how we enforce the City code or change them accordingly to reflect changes. I have emailed these concerns to the planning committed in July, but I have yet to get a proper response.

I am in favor of affordable housing, however we should be mindful of the privacy implications for the current residents as well. We need to find a balanced approach.

What do you recommend as next steps? I will be attending the meeting on 9/20.

Thanks
2620
Agenda Item # 10.

September 14, 2022
Dear Mayor Enander, Vice Mayor Meadows, and members of the Los Altos City Council, On behalf of Los Altos Community Voices (LACV), we urge you to approve the design and issue a conditional use permit for the proposed all-affordable, 90-unit development at 330 Distel Circle. The applicant has conducted extensive outreach to inform the community about their plans and has been very responsive to suggested modifications.

Robin Abrams, Curtis Cole, Kim Cranston, Bill Sheppard, Marie Young LACV Steering Committee
2621
Agenda Item # 10.

PUBLIC CORRESPONDENCE

The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
2622
Agenda Item # 10.

September 18, 2022
Mayor Enander and Members of the City Council
City of Los Altos
1 N. San Antonio Road
Los Altos, CA 94022
Re: Agenda Item #2, City Council Meeting Sept. 20th – 330 Distel Circle Dear Mayor and Members of the City Council:

As we have written earlier to both the Planning Commission and the Council, the LWV enthusiastically supports the EAH development at 330 Distel Circle, the first all-affordable housing to be built in Los Altos. The LWV supports action at all levels of government for the provision of affordable housing for all Californians. We compliment the Staff on its comprehensive report explaining the concessions and waivers allowed by State law including State Density Bonus Law.

We also compliment EAH for working with the community, as well as with the City and County, to design a project that meets neighborhood concerns but still provides the 90 units of affordable housing originally projected for this site. The location is ideal for lower-income households, near transit and services. We are also pleased to see that the percentage of very low-income units (including extremely low income) has increased from the 55% anticipated in the original MOU with the County to over 63%, as these households are the most in need of affordable housing. We urge the Council to approve this project on September 20th.

Thank you for considering our input,
(Please send any questions about this email to Sue Russell at Karin Bricker, President LWV of Los Altos/Mountain View Cc: Gabe Engeland Nick Zornes Radha Hayagreev Steve Golden Jolie Houston Erik Ramakrishnan. Angel Rodriguez
2623
Agenda Item # 10.

September 17, 2022
Dear Councilmembers,
For over half a century in California, we have had the legal right to make decisions about our reproductive health care, including whether to continue a pregnancy or have an abortion, and whether to choose or refuse contraceptives, based on our personal life circumstances, beliefs, and health concerns. These are among the most private, consequential, and complex decisions we make in our lives.

Physicians and other health care providers have also had legal protection to serve our reproductive health needs without being prosecuted or second-guessed by unqualified, unaffected, and often politically motivated forces.

This year, the Supreme Court of the United States, in “Dobbs v. Jackson Women’s Health Organization”, removed the federal protection of Roe v. Wade and left it to each state to determine whether we will retain, or lose, these fundamental reproductive rights.

As a result, individuals, organizations, and government entities all over California are joining together to support Proposition 1, “Right to Reproductive Freedom Amendment (2022)”, which would protect these rights in our state. Prop 1 is just three sentences:

SEC. 1.1. The state shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives. This section is intended to further the constitutional right to privacy guaranteed by Section 1, and the constitutional right to not be denied equal protection guaranteed by Section 7. Nothing herein narrows or limits the right to privacy or equal protection.[4]
Since 1879, California’s constitution has been amended over 500 times. There have been few cases where the need for a state constitutional amendment has been so clear, so urgent, and so widely supported as with Proposition 1. The bill to put Proposition 1 on our November ballot passed with overwhelming majorities in our state legislature, and is supported by the California Medical Association, the League of Women Voters, and the Santa Clara County Board of Supervisors, among many others.

As the tragic real-life consequences of the Supreme Court decision become clear in headlines across our country, it is up to us to protect the right of all Californians to make decisions about their reproductive lives, in private, based on their own beliefs and circumstances, and with the guidance of health care professionals who are able to practice to the highest ethical standards of care.

We urge the City of Los Altos to join us in supporting Proposition 1 “Right to Reproductive Freedom Amendment (2022)”.

Sincerely,
Los Altos Women’s Caucus Los Altos Mountain View Community Foundation Los Altos/Mountain View Chapter, Los Altos Community Voices American Association of University Women
2624
Agenda Item # 10.

From: Peter Robertson
To: City Council
Cc: Radha Hayagreev
Subject: EAH Housing
Date: Friday, September 16, 2022 7:36:12 AM
Dear Members of the Los Altos City Council,
I understand that EAH Housing has requested approval of the proposed development at 330 Distel Circle. This approval should not be granted. EAH Housing has not been honest in their statements concerning this development and EAH Housing is not an organization with which the city and county should do business.

For example, EAH Housing has stated that any person can walk a distance of one half mile radius (that is, 0.7 miles) in 8 minutes. This is laughable false any they are using this and similar false claims to promote the proposed development site. EAH Housing has stated that 45 parking spaces is perfectly adequate for a development of 90 units, which is again false. The 90 families in this unit would have at least 150 vehicles, and most of these would be parked on the street, or nearby streets, considering that an additional 200 families (with 400 vehicles) would live at the (mostly nonsubsidized, with inadequate parking) housing a block away, at 5150 El Camino Real.

EAH Housing has not bothered to assess the impact of this development on the neighboring residents. I know this for a fact, because I am a neighboring resident. They have evidently tricked some city officials into thinking that this development is some kind of “asset” to the community. If this is true, why not move the development to a better location, such as University Avenue? But one answer is, that EAH Housing is not proposing any public space, such as a children’s playground, to go with this development.

EAH housing has also flooded my inbox with spam. This is another sign of an organization that exists only for marketing (that is, profit) rather than public service. Their proposed construction methodology is to use low cost, pre-fabricated modules, such as can be seen in similar aesthetically undesirable developments in Mountain View. It is simply not right for Los Altos.

Sincere regards,
Peter Robertson
2625
Agenda Item # 10.
330 Distel Circle |1
330 Distel Circle – Affordable Housing ProjectCity Council Meeting September 20, 2022
Radha Hayagreev, Consulting Senior Planner
2626
Agenda Item # 10.
330 Distel Circle |2
Project Team
Developer• Welton Jordan and Steve Pratt –EAH housingCity of Los Altos • Nick Zornes – Development Services Director• Steve Golden – Interim Planning Services Manager • Radha Hayagreev – Consulting Senior Planner
• Natalie Noyes• Adam Garcia
Environmental Consultants
(David J Powers & Associates)
• Transportation Consultant – Hexagon
Applicant / Project Sponsor Team
Architect
• Lily Ciammaichella, Jessica Musick, Kevin Aviles – KTGY architects 2627
Agenda Item # 10.
330 Distel Circle |3
330 Distel - SB330 project The proposal is an SB 330 project and with the intention to stay within the limit of total
5 public meetings

1. March 22, 2022 ‐ Story Pole Exemption hearing

2. August 18, 2022 – Joint Planning Commission
/ Complete Streets
Commission hearing ‐ Design Review and Conditional Use Permit, Multi
‐modal Transportation Review

3. September 20, 2022
– tonight City Council Hearing
2628
Agenda Item # 10.
330 Distel Circle |4
Project Overview – 330 Distel Circle
• General Plan Designation
‐
Thoroughfare Commercial (TC)
• Zoning – Commercial
Thoroughfare (CT)
2629
Agenda Item # 10.
330 Distel Circle |5
Project Overview – 330 Distel Circle
• New multi‐family residential
development
• 0.87 acres at 330 Distel Circle• 90 for –rent condominium units • 88 units – 100
% affordable
housing
• 2 units – Manager units at Market
rate.
• 64’ – 6” tall, five‐story building• First floor of amenities and parking
• Common open space in the rear
2630
Agenda Item # 10.
330 Distel Circle |6
Because at least 20 percent of the units in the project would provide housing for households at or below 60 percent of Area Median Income, Per Government Code Section 65589.5 (d), the City cannot deny the project or approve it subject to conditions of approval that would make the project infeasible for housing at the levels of affordability proposed, unless one of the following findings can be made:

1.The City has met its RHNA targets for the current housing cycle at each of the affordability levels proposed for this project;2.Denial or the imposition a condition of approval that would have the effect of rendering the project infeasible for affordable housing isnecessary to avoid a violation of state or federal law;3.The project site is located on land for agriculture or resource preservation and either: (1) the site lacks adequate water or wastewaterfacilities, or (2) the project site is surrounded on at least two sides by land used for agriculture or resource preservation;4.The project would have a specific, adverse, and unmitigable impact on public health or safety; or5.All the following are true: (1) the project is inconsistent with the zoning ordinance; (2) the project is inconsistent with the applicablegeneral plan land use designation; (3) the City has a certified Housing Element; and (4) the project site is not identified in the HousingElement inventory or is proposed at a greater density than projected in the inventory.

Housing Accountability Act
2631
Agenda Item # 10.
330 Distel Circle |7
Design Review Permit (D22-0002) and Conditional Use Permit (CUP22-0001) Multiple‐Family Design Review (application D22‐0002) and Conditional Use Permit (applicationCUP22‐0001) with a Density Bonus and Development Incentives and Development Waivers for a 90‐
unit residential development at 330 Distel Circle per the findings and conditions contained in the resolution.
2632
Agenda Item # 10.
330 Distel Circle |8
Affordable Housing project
2633
Agenda Item # 10.
330 Distel Circle |9
Density Bonus for Affordable housing within ½ mile of a major transit stopThe Density Bonus law definitions of major transit stop is:The intersection of two or more major bus routes with a frequency of service
interval of 15 minutes or less during themorning and afternoon peak commuteperiods;El Camino and Showers drive has route 22, rapid 522 and route 40 at the
frequency of service to qualify as majortransit stopMTC recognizes El Camino and Showers as a major transit stop
Source: https://opendata.mtc.ca.gov/datasets/transit‐stops‐major‐2021‐1/explore?location=37.400347%2C‐122.099160%2C13.78 2634
Agenda Item # 10.
330 Distel Circle |10
Residential Projects that are:
• 100 percent affordable units
• Located within
½ mile of major
transit stop
Are Eligible for:
• No maximum density
• No parking restriction
• Height exception of three stories
or 33 feet
• Up to Four concessions
Density Bonus and Affordable Housing
Project DensityLot Size 37,890 square feet, or 0.87 acres General Plan Thoroughfare Commercial (38 units per acre ) Zoning Commercial Thoroughfare (38 units per acre )
Allowed Density Base Density 33 units
Affordable Housing
Requirement (LAMC)
(15%)
5 units
Affordable Housing Provided 88 units (31 Low income, 12 Very low income, 45 Extremely low income)
Eligible State Density Bonus No density maximum (owing to affordable housing located within
½ mile of major transit
stop)
Eligible Gross Density 46 units (if using 38.75% density bonus provisions)
Additional Density Bonus UnitsProposed
44 units
Total Number Dwelling Units
Proposed
90 units
Percent Density Bonus proposed 274%
2635
Agenda Item # 10.
330 Distel Circle |11
BMR distribution – 330 Distel Circle
2636
Agenda Item # 10.
330 Distel Circle |12
ConcessionsPer State Density Bonus Law andthe Los Altos Density Bonus Ordinance (Chapter 12.28 LAMC,Article 2), projects providing 100percent affordable unitsincluding total units and density bonus units, exclusive of
manager’s units, are entitled to
four development concessions
In addition, when located within½ mile of major transit stop, the project is entitled to
a building
height increase up to 33 feet
Standard (in CT zone) Proposed Concessions and
Waivers
Front SetbackLAMC 14.50.090
25ft 10ft Concession ‐1
Private Open Space
LAMC 14.50.150
Not required for every unit,average 50 sq. Ft. shall beprovided for the total number of dwelling units.

For 90 units 4,500 sq. ft
25 sq. Ft. Average2,550 sq. ft.

Concession ‐ 2
Design Control 14.50.170 B (1)
Building Massing andarticulation.Upper Story Step‐Back
Min 10ft from ground floor
façade for stories above 45ft in
height (top story)
No step back Concesssion‐3
Reduced Standards for LosAltos REACH codes for EV
Ready charging points for
affordable housing projects tomeet reduced requirementwhich is 10% EV2 ready spaces of total of 9 spaces in total.

EV2 ready spaces –9
EV1 ready spaces – 81
Meets affordable housing 10%
EV2 ready spaces. (2019 code)
Proposed EV2 ready ‐ 9
Concession –4
2637
Agenda Item # 10.
330 Distel Circle |13
Waivers
Standard (in CT zone) Proposed Waivers
Design Control14.50.170 C (5) a.Building Design.

Interior Courtyard.

Interior courtyard must be partially
visible from the street and linked to thestreet by a clear accessible path of travel
Raised courtyard on level 2
not visible from the street.

Access to courtyard and exit
via stair.

Waiver‐1
Design Control14.50.170 D (4) a.Materials. MaterialsDefining BuildingElements.

For multistory elements, the base of the
building shall be defined by a distinct
material selected from among the
following: stone, brick, concrete, CMU,
or stucco (“base material”)
Wood serves as a distinct
material
Waiver‐2
CT required
conditions14.50.060 C. 2.Access andscreening of refusecollection Every development will be required toprovide suitable space on‐site for solid waste separation, collection, storage and
pick up and shall site these in locationsthat facilitate access, collection, and minimize any negative impact on
persons occupying the developmentsite, neighboring properties, or publicright‐of‐way Solid waste separation,collection and storage are on‐site, but the pickup is proposed to be in the service
staging area on the public
right‐of‐way
Waiver‐3
In addition to requestingconcessions, density bonus
projects are typically eligible forwaivers of any development standards that would physicallypreclude the construction of aproject with the density bonus and the incentives or concessions to
which the development is entitled.

However, waivers are discretionary
for this project.
2638
Agenda Item # 10.
330 Distel Circle |14
Parking
Density Bonus Parking Requirement = 0
Project Proposal = 87 parking spaces with 3 spaces designated for loading/unloading 2639
Agenda Item # 10.
330 Distel Circle |15
Site PlanFirst Floor
2640
Agenda Item # 10.
330 Distel Circle |16
Second floor
2641
Agenda Item # 10.
330 Distel Circle |17
3D renderings
2642
Agenda Item # 10.
330 Distel Circle |18
3D renderings
2643
Agenda Item # 10.
330 Distel Circle |19
Environmental Review (CEQA)
330 Distel Circle is categorically exempt from environmental review pursuant to Section 15332 (Class 32), Infill Exemption of the California Environmental Quality Act (CEQA) Guidelines 2644
Agenda Item # 10.
330 Distel Circle |20
Findings
Design Review and Conditional Use Permit findings
RH0
2645
Agenda Item # 10.

Slide 20
RH0 Merge findings slides and say the details are in attachmet 2 Qualifies Class 32 exempt Radha Hayagreev, 2022-09-14T21:10:20.719 2646
Agenda Item # 10.
330 Distel Circle |21
Staff Recommendation
Recommend to the City Council approval of Multiple‐Family Design Review (application D22‐ 0002) and Conditional Use Permit (application CUP22‐0001) with a Density Bonus andDevelopment Incentives and Development Waivers for a 90‐unit residential development at 330 Distel Circle per the findings and conditions contained in the resolution.

Recommend to the City Council approval of Multi‐modal transportation requirement for the proposed project based on the findings and analysis found in the agenda report and resolution attached.Recommend the City Council consider the Project categorically exempt from environmental review pursuant to Section 15332 (Class 32), Infill Exemption of the California Environmental Quality Act (CEQA) Guidelines
2647
Agenda Item # 10.
330 Distel Circle |22
Presentation by applicant• Followed by Q/A
2648
Agenda Item # 10.

PUBLIC CORRESPONDENCE

The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
2649
Agenda Item # 10.

From: Los Altos Affordable Housing Alliance
To: Public Comment
Subject: Public Comment Agenda Item #10 - 9/20/22
Date: Monday, September 19, 2022 6:10:11 PM
Attachments: LAAHA letter to CC in support of 330 Distel.pdf Hello Councilmembers and City Staff,
Please see attached a letter in support of 330 Distel Circle.

Thank you,
LAAHA Steering Committee
--
Los Altos Affordable Housing Alliance
To educate and inspire the Los Altos community to build housing that is affordable for our workforce.
2650
Agenda Item # 10.

September 19, 2022
Dear Mayor Enander, Vice Mayor Meadows, and Councilmembers, The Los Altos Affordable Housing Alliance continues to enthusiastically support the project at 330 Distel Circle. Creating more housing at affordable levels is a huge challenge for our city, and 330 Distel Circle is a huge opportunity. Our city will benefit greatly from welcoming new neighbors at this all-affordable project.

It bears repeating that EAH Housing has done an outstandingly thorough job to engage the community and incorporate feedback into its final plan. City staff have clearly worked very hard with the developer and the County throughout the process to keep the project on track and progressing through the necessary steps.

We urge the Council to approve the 330 Distel Circle project.

Respectfully,
The Los Altos Affordable Housing Alliance
Los Altos Affordable Housing Alliance
Committed to educating and inspiring the Los Altos community to build housing that is affordable for those who live and work in Los Altos
https://losaltosaffordablehousing.org/
2651
Agenda Item # 10.

From: Courtney Welch
To: Public Comment
Cc: Dylan Casey; Greg Magofña
Subject: [External Sender]PUBLIC COMMENT: AGENDA ITEM 10 - 9/20/2022 Date: Tuesday, September 20, 2022 10:30:52 AM
Attachments: Los Altos - Distel Circle HAA Letter.pdf
Greetings Los Altos City Council,
Attached you will find a letter in regards to the proposed 330 Distel Circle Affordable Housing Development.

Thank you.
--
Courtney Welch
Planning and Investigations Director
California Renters Legal Advocacy and Education Fund
2652
Agenda Item # 10.

September 19, 2022
City of Los Altos
1 North San Antonio Road
Los Altos, CA 94022
Re: Proposed 330 Distel Circle Affordable Housing Development.

Dear City Council and City Attorney:

The California Renters Legal Advocacy and Education Fund (CaRLA) submits this letter to inform the Los Altos City Council that they have an obligation to abide by all relevant state housing laws when evaluating the proposed 330 Distel Circle Multiple Family Affordable Housing Development Project. The Housing Accountability Act (GOV 65589.5) requires approval of zoning and general plan compliant projects unless findings can be made regarding specific, objective, written health and safety hazards.

As you are well aware, California remains in the throes of a statewide crisis-level housing shortage. New housing such as this is a public benefit; it will bring increased tax revenue, new customers to local businesses, decarbonization in the face of climate crisis, but most importantly it will reduce displacement of existing residents into homelessness or carbon-heavy car commutes.

CaRLA is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households.

Consistent with the general plan, the proposed development will provide badly needed housing and contribute to the creation of a harmonious neighborhood through architectural integrity with neighboring structures. In addition, the proposed development will further Los Altos’ affordable housing stock, thus enhancing community comfort, prosperity, and welfare.

While no one project will solve the regional housing crisis, the proposed 330 Distel Road development is the kind of housing Los Altos needs to mitigate displacement, provide shelter for its growing population, and arrest unsustainable housing price appreciation. You may learn more about CaRLA at www.carlaef.org.
360 Grand Ave #323, Oakland 94610
[email protected]
2653
Agenda Item # 10.

Sincerely,
Dylan Casey
CaRLA Executive Director
Sincerely,
Courtney Welch
CaRLA Director of Planning and Investigation
2 of 2
2654
Agenda Item # 10.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: September 20, 2022
Subject AB 481 Military Equipment Use Policy
Prepared by: Katie Krauss, Captain of Operations
Reviewed by: Angela Averiett, Chief of Police
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Los Altos Police Department Draft Policy 709, Military Equipment Use

2. Assembly Bill No. 481 Full Text Version

3. Ordinance NO. 22-_____
Initiated by:

Police Department, per requirements of Assembly Bill 481 Previous Council Consideration:

N/A
Fiscal Impact:

None
Environmental Review:

This Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to environment, directly or indirectly).

Policy Question(s) for Council Consideration:
 Does the Council wish to approve Los Altos Police Lexipol Policy 709 by ordinance in order to continue the use of this previously acquired military equipment? 2655
Agenda Item # 11.

Subject: AB 481 Military Equipment Use Policy
September 20, 2022 Page 2
Summary:
 California Assembly Bill 481 requires the Los Altos Police Department to obtain City Council approval by the adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the legislature.

Staff Recommendation:

Staff recommends adoption of Los Altos Police Department Draft Policy 709, Military Equipment Use.

Purpose
To adopt an ordinance approving Los Altos Police Lexipol Policy 709 pertaining to the funding, acquisition, and use of military equipment.

Background
On September 30, 2021, Governor Newsom signed a series of eight (8) policing reform legislation aimed at increasing transparency of peace officer misconduct records and creates a system to decertify peace officers for serious misconduct, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creates a public forum for the funding, acquisition and use of military equipment. Assembly Bill 481 (AB 481) was authored by Assemblymember David Chiu (D-San Francisco) to address the funding, acquisition and use of military equipment.

California Government Section 7071 requires a law enforcement agency’s military equipment policy, which includes the type of equipment the department may acquire and use, to be approved by the governing body. “Military equipment” is not related to whether or not the equipment was acquired through military sources. The Los Altos Police Department does not possess any equipment specifically designed for military use, nor has the department acquired any equipment through a military surplus program, commonly known as the 1033 Program. Our “military equipment” is included in the attached policy under inventory, and includes items such as patrol rifles, several less lethal force options, and training flash bangs utilized as diversionary devices by our SWAT team.

As part of the approval process outlined in Assembly Bill 481, the proposed military equipment policy was made available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The police department also hosted a community meeting to discuss AB 481 on May 12th. 2656
Agenda Item # 11.

Subject: AB 481 Military Equipment Use Policy
September 20, 2022 Page 3
Pursuit to Government Code 7072, upon approval of a military equipment policy, the Chief of Police or the authorized designee will submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use. The first annual report will be presented in September 2023.

Discussion/Analysis
California Assembly Bill 481, signed into law on September 30, 2021, requires police agencies to obtain City Council approval by the adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the legislature. The bill requires an annual report to the governing board regarding the military equipment.

Recommendation
The staff recommends Council adopt the attached policy by ordinance, allowing for the Police Department to continue the utilization of their military equipment. 2657
Agenda Item # 11.

Policy
709
Los Altos Police Department
Los Altos Police Department Policy Manual
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). Assembly Bill 481 (AB 481), signed into law on September 30, 2021, requires law enforcement agencies to create a policy establishing guidelines and requirements for the funding, acquisition, and use of "military equipment" (Government Code § 7070, 7071, and 7072), including requirements to host informational meetings with the public, generate annual "military equipment" use reports, and seek annual approval from their respective governing bodies.

The purpose of this policy is to make sure that safeguards exist, including transparency, governing body oversight, and accountability measures, to ensure the funding, acquisition, and use of "military equipment" is consistent with the provisions set forth by the governing body and as outlined in AB 481. This policy will also provide the public with a transparent view of the "military equipment" utilized by the Los Altos Police Department. 709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The Los Altos City Council for the adoption of this ordinance and the approval of the annual report elected or appointed body that oversees the .

POST - Peace Officer Standards and Training
SWAT - Special Weapons and Tactics
Military equipment – Per AB 481, military equipment i Includes but is not limited to the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. 2658
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 2 (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Not withstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected ( MRAP ) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles ( HMMWV ), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of _ .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
2659
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 3 • Specialized firearms and ammunition of less than _ .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices ( LRADs ).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
709.2 POLICY
It is the policy of the Los Altos Police Department that members of the department comply with the provisions of Government Code § 7071 with respect to qualifying "military equipment". "Military equipment" shall be used by members of the Department who have completed applicable training, including training required by the Commission on Peace Officer Standards and Training (POST).

See the Military Equipment Inventory List (section 709.4) for associated "military equipment" training requirements.
"Military equipment", which has been approved for use by the governing body, shall be used in accordance with all other applicable department policies and laws. These policies and laws include, but are not limited to:
• • Los Altos Police Department Policy 300 (Use of Force) • Los Altos Police Department Policy 308 (Control Devices and Techniques) It is the policy of the that members of this comply with the provisions of Government Code § 7071 with respect to military equipment.
• Los Altos Police Department Policy 312 (Firearms)
• Los Altos Police Department Policy 414 (Hostage and Barricade Incidents) • California Assembly Bill No. 48 (Use of Kinetic Energy Projectiles and Chemical Agents-Assemblies, Protests, and Demonstrations)
• California Penal Code Section 13652 (Use of Kinetic Energy Projectiles and Chemical Agents)
This policy expressly prohibits the use of "military equipment" on individuals or groups solely based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. 2660
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 4 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Los Altos Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit any questions about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list and description of qualifying equipment for the Department:
(a) 40 MM Launchers and Rounds: 40mm Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. (a) Description, quantity, capabilities, and purchase cost i. PENN ARMS GL-140-C, 40MM SINGLE SHOT LAUNCHER, cost:
$1,000, quantity: 3. The 40mm Single Launcher is a tactical single shot launcher that features a collapsible stock. It will fire standard 40mm less lethal ammunition, up to 6.0 inches in cartridge length. 40mm launchers are capable of firing a variety of munitions with a maximum effective range of one hundred twenty (120) feet.
ii. SAGE CONTROL ORDINANCES INC K041 STANDARD ENERGY
IMPACT BATON PROJECTILE, cost: $21.00, quantity: 14. A less lethal 40mm impact baton projectile fired from a single 40mm grenade launcher with a rifled barrel at 51-72 MPS (meters per second). The projectile provides accurate and effective performance when fired from the recommended firing distances of not less than 10 feet and no greater than 75 feet.
2661
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 5 (b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use: Subject to subsection (g) below, s Situations for use of the less lethal weapon systems may include, but are not limited to the following:
however, other situations not listed here may also be deemed authorized use cases under applicable penal codes ad case law, and, in general shall reflect necessary, reasonable, and proportional use of less lethal weapon systems: :
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. v. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of less lethal weapon system. (d) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (e) Lifespan:
i. Penn Arms GL-140-C- No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear
ii. K041 Standard Energy Impact Batons-5 years
(f) Fiscal Impact: Annual maintenance is approximately $100 for each launcher. (g) Legal and Procedural Rules: Use of the 40mm launcher and 40mm baton rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the 40mm only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
(b) Less Lethal Shotgun and Rounds: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $950, quantity: 11.

The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers 2662
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 6 and a suspect reducing the immediacy of the threat which is a principle of deescalation. The less lethal 12- gauge shotgun is distinguishable by an orange butt stock and fore grip.
ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND 2581, cost: $6, quantity:

90. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS (Combined Tactical Systems) Super-Sock rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Super-Sock is an aerodynamic projectile.

However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use - Subject to subsection (g) below, s Situations for use of the less lethal weapon systems may include, but are not limited to the following: :
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. v. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of less lethal weapon system. (d) Lifespan:
i. Remington 970 Less Lethal Shotgun-25 years
ii. Super Sock Round Model 2581: No listed expiration date (e) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (f) Fiscal Impact: Annual maintenance is approximately $100 per shotgun. 2663
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 7 (g) Legal and Procedural Rules: Use of the less lethal shotgun and Super Sock rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the less lethal shotgun only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force. (c) 5.56mm Semi-Automatic Rifles and Ammunition: The Colt AR-15/M4 5.56 mm/.223 semiautomatic rifles are used for both patrol and the SWAT Team. (a) Description, quantity, capabilities, and purchase cost i. COLT AR RIFLES /M4 RIFLES, cost: $1200, quantity: 27. These rifles, equipped and locked in each patrol car or police motorcycle, offer a higher degree of accuracy at a longer distance. The ammunition used in rifles are also more effective at penetrating body armor (as some suspects have worn during high-profile shooting events in the country). They are normally kept secured in patrol cars or in the Police station and are only deployed on specific incidents where officers believe guns or weapons are involved. ii. .223 CALIBER or 5.56MM RIFLE AMMUNITION, cost: $280 per case of 500 rounds, quantity: 10,800 rounds. This rifle ammunition used in conjunction with an AR-15 type rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Rifle ammunition fired from AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation. (b) Purpose: To be used as precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c) Authorized Use - Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Subject to subsection (g) below), s Situations for use of these e less lethal weapon systems may include, but are not limited to the following: :
i. Situations where the member reasonably anticipates an armed encounter. ii. When a member is faced with a situation that may require accurate and effective fire at long range.
iii. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
iv. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
v. When a member reasonably believes that a suspect may be wearing body armor.
vi. When authorized or requested by a supervisor.
vii. When needed to euthanize an animal.
2664
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 8 viii. When an officer is training at an approved range or other approved facility ix. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan:
i. Colt AR/M4 Rifles: Approximately 15-20 years
ii. 223 Caliber or 5.56mm rifle ammunition: No expiration (e) Training: Officers must successfully complete a 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Firearm Instructors attend a 40-hour POST-approved rifle instructor class, and SWAT personnel must attend an 80-hour basic SWAT Team course. (f) Fiscal Impact: Annual maintenance is approximately $100 per rifle. (g) Legal and Procedural Rules: Use of the patrol rifles and ammunition are subject to the requirements of Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
(d) .308 Caliber Remington 700 and Heckler & Koch HK-91 Sniper Rifles and Ammunition: The sniper rifles are capable of firing a.308 caliber bullet. This rifle may only be used by a SWAT Officer trained and certified to be a sniper (LAPD currently has two such officers) and may be deployed to assist the SWAT Team in a critical incident or emergency.
(a) Description, quantity, capabilities, and purchase cost i. .308 CALIBER REMINGTON 700 AND 700 LTR RIFLE, cost: $1,000, quantity: 2. Remington 700: No cost, surveyed, Remington 700LTR $1,000.
ii. .308 CALIBER HECKLER & KOCH HK-91 RIFLE, cost: No cost, surveyed, , quantity: 1.
iii. .308 AMMUNITION, cost: $1.50 per round, quantity: 3, .040 rounds. These nickel-plated bonded soft-point 308/7.62 cartridges from Speer Gold-Dot are resistant to corrosion, capable of expansion from barrels as short as 10", and retain accuracy from a variety of barrels lengths. (b) Purpose: This rifle may only be used by a SWAT Officer trained and certified to be a sniper and may be deployed to assist the SWAT Team in a critical incident or emergency. The main use of this weapon system is for observation of an incident and to be able to accurately and immediately be able to stop a threat to life.
(c) Authorized Use: Subject to subsection (g) below, e Examples of situations for deploying the sniper rifle may include, but are not limited to the following: :
2665
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 9 i. where the Officer reasonably anticipates an armed encounter; ii. when the Officer is faced with a situation that may require accurate and effective fire at a long distance;
iii. where an Officer reasonably expects the need to meet or exceed the firearms and ammunition that a suspect is reported or believed to possess; iv. when an Officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage;
v. when an Officer reasonably believes that a suspect may be wearing body armor.
vi. When an officer is training at an approved range or other approved facility vii. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan:
i. .308 Caliber Remington 700/700LTR: Approximately 15 years ii. .308 Caliber Heckler & Koch HK-91: Approximately 15 years iii. .308 Ammunition: No expiration
(e) Training: In addition to patrol rifle and standard SWAT operator training, SWAT snipers must successfully complete a California POST-certified sniper course as well as regular SWAT sniper training and qualifications as required by law and policy.
(f) Fiscal Impact: Annual maintenance is approximately $100 per Remington rifle.

The HK is not used.
(g) Legal and Procedural Rules: Use of the sniper rifles and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos, Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), Policy 312 (FIREARMS), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
(e) Benelli M3Super90 12 gauge shotgun and ammunition: This firearm is not currently used by the department and is stored in the armory. The Benelli M3 is a dual-mode (hybrid pump-action and semi-automatic) shotgun The ammunition for the shotgun is 00 Buck and slug rounds.
(a) Description, quantity, capabilities, and purchase cost i. BENELLI M3SUPER90 12 GAUGE SHOTGUN, cost $500, quantity:

1. The Benelli M3 is a combination Pump-Action and Semi-Automatic Shotgun. The shotgun can be chambered for 12 GA shells with a 20 inch barrel.
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Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 10 ii. 00 BUCK AMMUNITION, cost: $1.80 per round, quantity: 600 rounds. A typical 12-gauge, 2 ¾-inch 00 Buckshot shell holds 8 pellets that are 0.33" in diameter. A 3-inch shell most often contains 12 of these same sized pellets.
iii. SLUG AMMUNITION, cost: $1.40 per round, quantity: 100. The Fostertype shotgun slug features exterior rifled grooves which contact the shotgun's bore to give it spin; and, the slug's hollow-point design initiates expansion to augment stopping power.
(b) Purpose: This shotgun is not currently utilized by the department. The only shotguns used by the Department are the less lethal shotguns. The ammunition is purchased solely for recruits in the police academy, where shotgun instruction occurs.
(c) Authorized Use: There is currently no authorized use for the shotgun in our policy.
(d) Lifespan:
i. Benelli M3Super90 12 gauge shotgun: Approximately 15 years ii. OO Buck Ammunition: No expiration
iii. Slug ammunition: No expiration
(e) Training: Officers receive training in shotgun use in the police academy, and have to pass firearm qualifications. There is no further training with the Benelli shotgun or ammunition.
(f) Fiscal Impact: None, the weapon is not utilized.
(g) Legal and Procedural Rules: Use of all firearms fall under the following policies:

Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize firearms only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
(f) Remington 870 MCS 12 Gauge Breaching shotgun and breaching rounds: This firearm/ammunition is not currently used by the department and is stored in the SWAT armory.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 MCS 12 GAUGE BREACHING SHOTGUN, cost:
$1,400, quantity: 1. Extremely compact breaching model 12 gauge with a ten inch cylinder bore breaching barrel with parkerized finish, a Knoxx recoil reducing breacher pistol grip stock, and synthetic modular fore-end. ii. 12 GAUGE BREACHING ROUNDS, cost: $5.00 per round, quantity: 25 rounds. The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant.

The is a widely used method to breach door locks or hinges for entry during tactical operations.
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Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 11 (b) Purpose: The breaching shotgun is used to safely gain entry into a structure.

When properly deployed, the TKO breaching round is capable of defeating door lock mechanisms, door knobs, hinges, dead bolts, safety chains, and pad locks on both wooden or hollow core doors. Upon impact with the target, the zinc slug disintegrates in to a fine powder eliminating fragmentation. The Explosive Breaching Program, conducted in conjunction with the Mountain View Police Department, was established to provide the joint SWAT Team the ability to quickly create an opening in a wall or window to quickly enter a building for an emergency rescue of hostages. It is reserved for rescue operations only. (c) Authorized Use: Subject to subsection (g) below, t This equipment would only be deployed during a SWAT incident, and its use would need specific authorization from the Incident Commander. The equipment may only be used by a "tactical breacher" on the SWAT team. We currently do not have any authorized users at the Department.
(d) Lifespan:
i. Remington 870 MCS 12 Gauge Breaching shotgun: Approximately 15 years
ii. 12-Gauge TKO Breaching Round: Approximately 5 years (e) Training: The training consists of an 80-hour course for a member of the SWAT Team specifically designated as the "breacher." At the conclusion of the course, the breacher must pass a test proctored by CAL/OSHA. The OSHA certification is valid for 5 years. Before the expiration of the certification, the breacher must retake and pass the test.
(f) Fiscal Impact: None, the weapon is not utilized.
(g) Legal and Procedural Rules: Use of the breaching shotgun and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
(g) Kaiser Precision Vulcan II Munitions Pole: Telescoping tool utilized by SWAT personnel to safely deliver approved noise/diversionary devices. (a) Description, quantity, capabilities, and purchase cost i. KAISER PRECISION VULCAN II MUNITIONS POLE, cost: $2,000, quantity: 1. The munitions pole is a multi-purpose breaching tool, constructed of lightweight aluminum square tubing used to deploy distraction devices and chemical munitions in order to gain entrance into a building, structure or even a vehicle.
(b) Purpose: The munitions pole is used to safely deploy diversionary devices, chemical munitions, or other objects (cell phones, cameras) during SWAT operations.
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Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 12 (c) Authorized Use: Subject to subsection (g) below, t This equipment would be deployed during primarily during a SWAT incident, but could be utilized to gain entry into a residence during other high- risk operations on patrol. (d) Lifespan: Approximately 10 years
(e) Training: Kaiser Precision provided an instructional video for individual and team training.
(f) Fiscal Impact: None, does not require annual maintenance (g) Legal and Procedural Rules: Use of the munitions pole are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
(h) CTS Flash-bang Training Kit: The training flash-bangs are built and weigh exactly the same as it's equivalent live Flash-Bang, but have no flash charge. (a) Description, quantity, capabilities, and purchase cost i. CTS FLASH-BANG TRAINING KIT, cost: $964, Quantity 1 kit (comes with 70 reload Training Fuzes, 1 body), current fuze inventory is 25. The training bodies are painted with a bright blue coating, and can be used an unlimited number of times. The M201FB fuze for this system has 10 times the output of a normal M201 fuze and it is threaded with a left hand thread so it can not be accidentally used in any other munitions. The training devices produce an output of about 120db.
(b) Purpose: Flash-bangs are used to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. The distraction gives Officers time to seize a moment and create an opportunity to take control of high-risk or dangerous situations.
(c) Authorized Use: Subject to subsection (g) below, SWAT operators may utilize the training flash-bangs as a training tool to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. Los Altos Police Department does not have any live flash-bangs in the inventory.

Our operators use live flash-bangs while on SWAT events or at training with Mountain View Police Department.
(d) Lifespan: 5 years
(e) Training: These are a training tool. SWAT operators must attend and pass an 80-hour SWAT training class. Flash-bang training is provided by an instructor who has completed an 8-hour noise flash diversionary device course. (f) Legal and Procedural Rules: Use of the live flash-bangs are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS 2669
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 13 PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
(i) Specialty Impact Munition (SIM) weapons and ammunition: Simunition® is the pioneer and world leader in providing military, law enforcement and approved range members with the most realistic and non-lethal force-on-force, short range, simulation training system.
(a) Description, quantity, capabilities, and purchase cost i. SIMUNITION GLOCK 17T, cost: $500 each, quantity: 8. The GLOCK Training Pistols were developed with the purpose of enabling realitybased tactical operations training using color marking or plastic projectile ammunition. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
ii. SIM CONVERTED BERETTA 92, cost: $500 each, quantity: 4. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
iii. HK MP5 CONVERSION KITS, cost: $500 each, quantity 2. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards.
iv. SIMUNITION COLT AR-15 CARBINE RIFLE UPPERS, cost: $1,000 each, quantity: 3. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon.

These easy-to-install kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons.

When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards. v. FX MARKING CARTRIDGES, cost: $350 for 500 rounds, quantity: 3,500 rounds. The reduced-energy, non-lethal cartridges leave a detergentbased, water-soluble color-marking compound. The visible impacts allow accurate assessment of simulated lethality. They feature tactical accuracy up to 25 feet (7.6 meters).
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 14 (b) Purpose: Enabling reality-based, force-on-force tactical operations training using color marking or plastic projectile ammunition.
(c) Authorized Use: Subject to subsection (g) below, s Simunition weapons and marking rounds are non-operational rounds and non-operational weapons systems. These munitions provide for realistic close quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force on force training scenarios. These items are used for training purposes for all sworn staff members.
(d) Lifespan:
i. Simunition Glock 17T: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. ii. Sim Converted Beretta: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. iii. HK MP5 Conversion Kits: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
iv. Simunition Colt AR-15 Rifle Uppers: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
v. FX Marking Cartridges: Shelf life five (5) years.
(e) Training: These are a training tool. Simunition Instructors attend an informative, three-day (24-hour) course designed to provide students with substantial handson experience with Simunition® FX® training ammunition technology, weapons conversion kits, and the Simunition® line of protective equipment. The course provides in-depth, hands-on instruction in scenario-based training program development and training methodology, and gives critical practical experience to students on the best use of Simunition® training products in a highly effective, realistic, extremely safe training program. Sworn staff members are given extensive firearms handling courses and weapons safety instruction to include the use of SIMs for training purposes.
(f) Legal and Procedural Rules: Use of the Simunition firearms and marking rounds are subject to the requirements of Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS) while training. It is the policy of the Los Altos Police Department to utilize Simunition equipment only for official law enforcement training purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days 2671
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 15 prior to any public hearing concerning the military equipment at issue (Government Code § 7071).

The military equipment policy must be approved by the governing body before the Department engages in any of the following prior to engaging in any of the following (Government Code § 7071):
(a) Requests ing military equipment made available pursuant to 10 USC § 2576a. (b) Seekis ng funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquires ing military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborates ing with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Usies ng any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Solicits ing or responds ing to a proposal for, or enters ing into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiries ng military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other law enforcement agencies that are providing mutual aid to this jurisdiction or otherwise engaged in law enforcement operations within this jurisdiction shall comply with their respective military equipment policies in rendering mutual aid. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 2672
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 16 709.8 POLICY COMPLIANCE AND SUBMITTING COMPLAINTS
The Chief of Police or the authorized designee will ensure that all Los Altos Police Department employees comply with this policy. Suspected violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", shall be handled in accordance with Los Altos Police Department Policy 340 (Standards of Conduct). Additionally, violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", will be reported to the governing body via the annual Military Equipment Report.

Any member of the community can submit a complaint regarding the use of "military equipment" to any Los Altos Police Department employee or the Independent Intake Official. Complaints can be submitted in any form (e.g., in person, online, telephone, email, etc.). Once a complaint is received, it will be handled in accordance with Los Altos Police Department Policy 340 (Standards of Conduct) and LAPD Policy 1020 (Personnel Complaints). Formal complaints regarding alleged violations of this policy will be handled by an independent investigator.

Complaints may be made directly to the Los Altos Police Department in one of the following ways (for online options, please visit https://www.losaltosca.gov/police/page/how-are-we-doing-0):

In Person:

Los Altos Police Department
1 N. San Antonio Road, Los Altos, CA 94022
Online Submission:

Complaint PD WEBFORM
By Email:

Fill out the appropriate Civilian Complaint Submission form (online), save it to your computer and email as an attachment to [email protected] By Phone:
(650) 947-2770
Complaints may be made directly to the Independent Intake Official (IIO) Stephanie Atigh in one of the following ways:

Online Submission:

Complaint IIO WEBFORM (online)
By Email:

Fill out the appropriate Civilian Complaint Submission form (located online), save it to your computer and email as an attachment to [email protected] By Phone:
(831) 915-4643
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Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 17 709.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Pursuant to California Government Code 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of listed equipment in this policy by any of the following means:
(a) Via email to: policefeedback @losaltosca.gov
(b) Via phone call to : 650-947-2672
(c) Via mail sent to:

Los Altos Police Department
Attention Operations Captain
1 North San Antonio Rd
Los Altos CA 94022
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Agenda Item # 11.

Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing

92 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
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Agenda Item # 11.
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b)  The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c)  Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —
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Agenda Item # 11.
(d)  Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e)  The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a)  “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b)  “Law enforcement agency” means any of the following:
(1)  A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2)  A sheriff’s department.
(3)  A district attorney’s office.
(4)  A county probation department.
(c)  “Military equipment” means the following:
(1)  Unmanned, remotely piloted, powered aerial or ground vehicles. (2)  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3)  High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4)  Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5)  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6)  Weaponized aircraft, vessels, or vehicles of any kind. (7)  Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
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Agenda Item # 11.
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8)  Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9)  Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10)  Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11)  Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12)  “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13)  Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14)  The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15)  Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16)  Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d)  “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1)  A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2)  The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3)  The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4)  The legal and procedural rules that govern each authorized use. (5)  The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6)  The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
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Agenda Item # 11.
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7)  For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e)  “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f)  “Type” means each item that shares the same manufacturer model number.
7071. (a)  (1)  A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D)  Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G)  Acquiring military equipment through any means not provided by this paragraph.
(2)  No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
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the military equipment until it receives the approval of the governing body in accordance with this section.
(b)  In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c)  The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d)  (1)  The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A)  The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B)  The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C)  If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D)  Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2)  In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e)  (1)  The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2)  The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
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to the military equipment use policy in a manner that will resolve the lack of compliance.
(f)  Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a)  A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1)  A summary of how the military equipment was used and the purpose of its use.
(2)  A summary of any complaints or concerns received concerning the military equipment.
(3)  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4)  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5)  The quantity possessed for each type of military equipment. (6)  If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b)  Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a)  A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 — 7 — Ch. 406
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(4)  Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7)  Acquiring military equipment through any means not provided by this subdivision.
(b)  No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c)  A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1)  Publish the military equipment use policy on the agency’s internet website.
(2)  Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
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result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

O
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Ordinance No. 2022-___ Page 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADDING A NEW CHAPTER 7.30, ENTITLED “MILITARY EQUIPMENT POLICY,” TO THE LOS ALTOS CITY CODE IN COMPLIANCE WITH ASSEMBLY BILL 481 WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”) (creating Government Code, Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the Los Altos Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481; and
WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process applicable to the Los Altos Police Department’s use of such equipment; and
WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance and reviewed annually; and
WHEREAS, the City Council of the City of Los Altos, having received the information required under AB 481 regarding the Los Altos Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

NOW THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:

SECTION 1. AMENDMENT TO CHAPTER 7 OF THE MUNICIPAL CODE. Section

7.30.010 is hereby added to the Los Altos Municipal Code to read as follows:
“7.30.010. Military equipment policy.

A. The City Council has made the following determinations:

1. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy (“Policy”) will safeguard the public’s welfare, safety, civil rights and civil liberties (said Policy is attached hereto as Exhibit “A” and incorporated by this reference).
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Ordinance No. 2022-___ Page 2

3. The equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any).

4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

B. The Policy was considered by the City Council as an agenda item in an open session of regular meeting and noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.

C. The Policy shall be made publicly available on the Los Altos police department’s website for as long as the military equipment is available for use.

D. The Los Altos police department shall submit an annual military equipment report to the city council containing the information required in California Government Code, Section 7072, and the city council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in Paragraphs (a)(1)-(4) above.

E. The City Council shall review this ordinance and vote on whether renew it, on an annual basis at a regular meeting, in accordance with California Government Code Section 7071(e)(2).

F. The City Council approves the use of the Policy and finds that it satisfies the requirements of California Government Code Section 7070(d).” SECTION 2. This Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to environment, directly or indirectly).

SECTION 3. CONSTITUTIONALITY. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

SECTION 4. PUBLICATION. This Ordinance shall be published as provided in Government Code section 36933.

SECTION 5. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the thirty-first day following the adoption date.
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Ordinance No. 2022-___ Page 3
The foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on ____________, 2022 and was thereafter, at a regular meeting held on ___________, 2022 passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_______________________
Angel Rodriguez, INTERIM CITY CLERK
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DRAFT
Policy
709
Los Altos Police Department
Los Altos Police Department Policy Manual
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
It is the policy of the Los Altos Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Los Altos Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list and description of qualifying equipment for the Department:

1. 40 MM Launchers and Rounds: 40mm Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. (a) Description, quantity, capabilities, and purchase cost i. PENN ARMS GL-140-C, 40MM SINGLE SHOT LAUNCHER, cost:
$1,000, quantity: 3. The 40mm Single Launcher is a tactical single shot launcher that features a collapsible stock. It will fire standard 40mm less lethal ammunition, up to 6.0 inches in cartridge length. 40mm launchers are capable of firing a variety of munitions with a maximum effective range of one hundred twenty (120) feet.
ii. SAGE CONTROL ORDINANCES INC K041 STANDARD ENERGY
IMPACT BATON PROJECTILE, cost: $21.00, quantity: 14. A less 2688
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Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 3 lethal 40mm impact baton projectile fired from a single 40mm grenade launcher with a rifled barrel at 51-72 MPS (meters per second). The projectile provides accurate and effective performance when fired from the recommended firing distances of not less than 10 feet and no greater than 75 feet.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. (d) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (e) Lifespan:
i. Penn Arms GL-140-C- No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear
ii. K041 Standard Energy Impact Batons-5 years
(f) Fiscal Impact: Annual maintenance is approximately $100 for each launcher. (g) Legal and Procedural Rules: Use of the 40mm launcher and 40mm baton rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the 40mm only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

2. Less Lethal Shotgun and Rounds: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $950, quantity: 11.

The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of 2689
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Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 4 deescalation. The less lethal 12- gauge shotgun is distinguishable by an orange butt stock and fore grip.
ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND 2581, cost: $6, quantity:

90. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator.

The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use - Situations for use of the less lethal weapon systems may include, but are not limited to:
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. (d) Lifespan:
i. Remington 970 Less Lethal Shotgun-25 years
ii. Super Sock Round Model 2581: No listed expiration date (e) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (f) Fiscal Impact: Annual maintenance is approximately $100 per shotgun. (g) Legal and Procedural Rules: Use of the less lethal shotgun and Super Sock rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the less lethal shotgun only for official 2690
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Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 5 law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

3. 5.56mm Semi-Automatic Rifles and Ammunition: The Colt AR-15/M4 5.56 mm/.223 semiautomatic rifle are used for both patrol and the SWAT Team. (a) Description, quantity, capabilities, and purchase cost i. COLT AR/M4 RIFLES, cost: $1200, quantity: 27. These rifles, equipped and locked in each patrol car or police motorcycle, offer a higher degree of accuracy at a longer distance. The ammunition used in rifles are also more effective at penetrating body armor (as some suspects have worn during high-profile shooting events in the country). They are normally kept secured in patrol cars or in the Police station and are only deployed on specific incidents where officers believe guns or weapons are involved. ii. .223 CALIBER or 5.56MM RIFLE AMMUNITION, cost: $280 per case of 500 rounds, quantity: 10,800 rounds. This rifle ammunition used in conjunction with an AR-15 type rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Rifle ammunition fired from AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation. (b) Purpose: To be used as precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c) Authorized Use - Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Situations where the member reasonably anticipates an armed encounter. ii. When a member is faced with a situation that may require accurate and effective fire at long range.
iii. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
iv. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
v. When a member reasonably believes that a suspect may be wearing body armor.
vi. When authorized or requested by a supervisor.
vii. When needed to euthanize an animal.
(d) Lifespan:
i. Colt AR/M4 Rifles: Approximately 15-20 years
ii. 223 Caliber or 5.56mm rifle ammunition: No expiration 2691
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Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 6 (e) Training: Officers must successfully complete a 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Firearm Instructors attend a 40-hour POST-approved rifle instructor class, and SWAT personnel must attend an 80-hour basic SWAT Team course. (f) Fiscal Impact: Annual maintenance is approximately $100 per rifle. (g) Legal and Procedural Rules: Use of the patrol rifles and ammunition are subject to the requirements of Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

4. .308 Caliber Remington 700 and Heckler & Koch HK-91 Sniper Rifles and Ammunition: The sniper rifles are capable of firing a.308 caliber bullet. This rifle may only be used by a SWAT Officer trained and certified to be a sniper (LAPD currently has two such officers) and may be deployed to assist the SWAT Team in a critical incident or emergency.
(a) Description, quantity, capabilities, and purchase cost i. .308 CALIBER REMINGTON 700 AND 700 LTR RIFLE, cost: $1,000, quantity: 2. Remington 700: No cost, surveyed, Remington 700LTR $1,000.
ii. .308 CALIBER HECKLER & KOCH HK-91 RIFLE, cost: No cost, surveyed, , quantity: 1.
iii. .308 AMMUNITION, cost: $1.50 per round, quantity: 3.040 rounds. These nickel-plated bonded soft-point 308/7.62 cartridges from Speer Gold-Dot are resistant to corrosion, capable of expansion from barrels as short as 10", and retain accuracy from a variety of barrels lengths. (b) Purpose: This rifle may only be used by a SWAT Officer trained and certified to be a sniper and may be deployed to assist the SWAT Team in a critical incident or emergency. The main use is for observation of an incident and to be able to accurately and immediately be able to stop a threat to life. (c) Authorized Use: Examples of situations for deploying the rifle may include, but are not limited to the following:
i. where the Officer reasonably anticipates an armed encounter; ii. when the Officer is faced with a situation that may require accurate and effective fire at a long distance;
iii. where an Officer reasonably expects the need to meet or exceed the firearms and ammunition that a suspect is reported or believed to possess; iv. when an Officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage;
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Los Altos Police Department Policy Manual
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Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 7 v. when an Officer reasonably believes that a suspect may be wearing body armor.
(d) Lifespan:
i. .308 Caliber Remington 700/700LTR: Approximately 15 years ii. .308 Caliber Heckler & Koch HK-91: Approximately 15 years iii. .308 Ammunition: No expiration
(e) Training: In addition to patrol rifle and standard SWAT operator training, SWAT snipers must successfully complete a California POST-certified sniper course as well as regular SWAT sniper training and qualifications as required by law and policy.
(f) Fiscal Impact: Annual maintenance is approximately $100 per Remington rifle.

The HK is not used.
(g) Legal and Procedural Rules: Use of the sniper rifles and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos, Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), Policy 312 (FIREARMS), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

5. Benelli M3Super90 12 gauge shotgun and ammunition: This firearm is not currently used by the department and is stored in the armory. The Benelli M3 is a dual-mode (hybrid pump-action and semi-automatic) shotgun The ammunition for the shotgun is 00 Buck and slug rounds.
(a) Description, quantity, capabilities, and purchase cost i. BENELLI M3SUPER90 12 GAUGE SHOTGUN, cost $500, quantity:

1. The Benelli M3 is a combination Pump-Action and Semi-Automatic Shotgun. The shotgun can be chambered for 12 GA shells with a 20 inch barrel.
ii. 00 BUCK AMMUNITION, cost: $1.80 per round, quantity: 600 rounds. A typical 12-gauge, 2 ¾-inch 00 Buckshot shell holds 8 pellets that are 0.33" in diameter. A 3-inch shell most often contains 12 of these same sized pellets.
iii. SLUG AMMUNITION, cost: $1.40 per round, quantity: 100. The Fostertype shotgun slug features exterior rifled grooves which contact the shotgun's bore to give it spin; and, the slug's hollow-point design initiates expansion to augment stopping power.
(b) Purpose: This shotgun is not currently utilized by the department. The only shotguns used by the Department are the less lethal shotguns. The ammunition is purchased solely for recruits in the police academy, where shotgun instruction occurs.
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DRAFT
Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 8 (c) Authorized Use: There is currently no authorized use for the shotgun in our policy.
(d) Lifespan:
i. Benelli M3Super90 12 gauge shotgun: Approximately 15 years ii. OO Buck Ammunition: No expiration
iii. Slug ammunition: No expiration
(e) Training: Officers receive training in shotgun use in the police academy, and have to pass firearm qualifications. There is no further training with the Benelli shotgun or ammunition.
(f) Fiscal Impact: None, the weapon is not utilized.
(g) Legal and Procedural Rules: Use of all firearms fall under the following policies:

Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize firearms only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

6. Remington 870 MCS 12 Gauge Breaching shotgun and breaching rounds: This firearm/ammunition is not currently used by the department and is stored in the SWAT armory.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 MCS 12 GAUGE BREACHING SHOTGUN, cost:
$1,400, quantity: 1. Extremely compact breaching model 12 gauge with a ten inch cylinder bore breaching barrel with parkerized finish, a Knoxx recoil reducing breacher pistol grip stock, and synthetic modular fore-end. ii. 12 GAUGE BREACHING ROUNDS, cost: $5.00 per round, quantity: 25 rounds. The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant.

The is a widely used method to breach door locks or hinges for entry during tactical operations.
(b) Purpose: The breaching shotgun is used to safely gain entry into a structure.

When properly deployed, the TKO breaching round is capable of defeating door lock mechanisms, door knobs, hinges, dead bolts, safety chains, and pad locks on both wooden or hollow core doors. Upon impact with the target, the zinc slug disintegrates in to a fine powder eliminating fragmentation. The Explosive Breaching Program, conducted in conjunction with the Mountain View Police Department, was established to provide the joint SWAT Team the ability to quickly create an opening in a wall or window to quickly enter a building for an emergency rescue of hostages. It is reserved for rescue operations only. (c) Authorized Use: This equipment would only be deployed during a SWAT incident, and its use would need specific authorization from the Incident Commander. The equipment may only be used by a "tactical breacher" on the SWAT team. We currently do not have any authorized users at the Department. 2694
Agenda Item # 11.

DRAFT
Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 9 (d) Lifespan:
i. Remington 870 MCS 12 Gauge Breaching shotgun: Approximately 15 years
ii. 12-Gauge TKO Breaching Round: Approximately 5 years (e) Training: The training consists of an 80-hour course for a member of the SWAT Team specifically designated as the "breacher." At the conclusion of the course, the breacher must pass a test proctored by CAL/OSHA. The OSHA certification is valid for 5 years. Before the expiration of the certification, the breacher must retake and pass the test.
(f) Fiscal Impact: None, the weapon is not utilized.
(g) Legal and Procedural Rules: Use of the breaching shotgun and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

7. Kaiser Precision Vulcan II Munitions Pole: Telescoping tool utilized by SWAT personnel to safely deliver approved noise/diversionary devices. (a) Description, quantity, capabilities, and purchase cost i. KAISER PRECISION VULCAN II MUNITIONS POLE, cost: $2,000, quantity: 1. The munitions pole is a multi-purpose breaching tool, constructed of lightweight aluminum square tubing used to deploy distraction devices and chemical munitions in order to gain entrance into a building, structure or even a vehicle.
(b) Purpose: The munitions pole is used to safely deploy diversionary devices, chemical munitions, or other objects (cell phones, cameras) during SWAT operations.
(c) Authorized Use: This equipment would be deployed during primarily during a SWAT incident, but could be utilized to gain entry into a residence during other high risk operations on patrol.
(d) Lifespan: Approximately 10 years
(e) Training: Kaiser Precision provided an instructional video for individual and team training.
(f) Fiscal Impact: None, does not require annual maintenance (g) Legal and Procedural Rules: Use of the munitions pole are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to 2695
Agenda Item # 11.

DRAFT
Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 10 utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

8. CTS Flash-bang Training Kit: The training flash-bangs are built and weigh exactly the same as it's equivalent live Flash-Bang, but have no flash charge. (a) Description, quantity, capabilities, and purchase cost i. CTS FLASH-BANG TRAINING KIT, cost: $964, Quantity 1 kit (comes with 70 reload Training Fuzes, 1 body), current fuze inventory is 25. The training bodies are painted with a bright blue coating, and can be used an unlimited number of times. The M201FB fuze for this system has 10 times the output of a normal M201 fuze and it is threaded with a left hand thread so it can not be accidentally used in any other munitions. The training devices produce an output of about 120db.
(b) Purpose: Flash-bangs are used to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. The distraction gives Officers time to seize a moment and create an opportunity to take control of high-risk or dangerous situations.
(c) Authorized Use: SWAT operators may utilize the training flash-bangs as a training tool to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. Los Altos Police Department does not have any live flash-bangs in the inventory. Our operators use live flash-bangs while on SWAT events or at training with Mountain View Police Department.
(d) Lifespan: 5 years
(e) Training: These are a training tool. SWAT operators must attend and pass an 80-hour SWAT training class. Flash-bang training is provided by an instructor who has completed an 8-hour noise flash diversionary device course. (f) Legal and Procedural Rules: Use of the live flash-bangs are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

9. Specialty Impact Munition (SIM) weapons and ammunition: Simunition® is the pioneer and world leader in providing military, law enforcement and approved range members with the most realistic and non-lethal force-on-force, short range, simulation training system.
(a) Description, quantity, capabilities, and purchase cost i. SIMUNITION GLOCK 17T, cost: $500 each, quantity: 8. The GLOCK Training Pistols were developed with the purpose of enabling realitybased tactical operations training using color marking or plastic projectile 2696
Agenda Item # 11.

DRAFT
Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 11 ammunition. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
ii. SIM CONVERTED BERETTA 92, cost: $500 each, quantity: 4. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
iii. HK MP5 CONVERSION KITS, cost: $500 each, quantity 2. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards.
iv. SIMUNITION COLT AR-15 CARBINE RIFLE UPPERS, cost: $1,000 each, quantity: 3. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon.

These easy-to-install kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons.

When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards. v. FX MARKING CARTRIDGES, cost: $350 for 500 rounds, quantity: 3,500 rounds. The reduced-energy, non-lethal cartridges leave a detergentbased, water-soluble color-marking compound. The visible impacts allow accurate assessment of simulated lethality. They feature tactical accuracy up to 25 feet (7.6 meters).
(b) Purpose: Enabling reality-based, force-on-force tactical operations training using color marking or plastic projectile ammunition.
(c) Authorized Use: Simunition weapons and marking rounds are non-operational rounds and non-operational weapons systems. These munitions provide for realistic close quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force on force training scenarios. These items are used for training purposes for all sworn staff members. (d) Lifespan:
i. Simunition Glock 17T: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. ii. Sim Converted Beretta: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. 2697
Agenda Item # 11.

DRAFT
Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 12 iii. HK MP5 Conversion Kits: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
iv. Simunition Colt AR-15 Rifle Uppers: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
v. FX Marking Cartridges: Shelf life five (5) years.
(e) Training: These are a training tool. Simunition Instructors attend an informative, three-day (24-hour) course designed to provide students with substantial handson experience with Simunition® FX® training ammunition technology, weapons conversion kits, and the Simunition® line of protective equipment. The course provides in-depth, hands-on instruction in scenario-based training program development and training methodology, and gives critical practical experience to students on the best use of Simunition® training products in a highly effective, realistic, extremely safe training program. Sworn staff members are given extensive firearms handling courses and weapons safety instruction to include the use of SIMs for training purposes.
(f) Legal and Procedural Rules: Use of the Simunition firearms and marking rounds are subject to the requirements of Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS) while training. It is the policy of the Los Altos Police Department to utilize Simunition equipment only for official law enforcement training purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. 2698
Agenda Item # 11.

DRAFT
Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 13 (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other law enforcement agencies that are providing mutual aid to this jurisdiction or otherwise engaged in law enforcement operations within this jurisdiction shall comply with their respective military equipment policies in rendering mutual aid. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Pursuant to California Government Code 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of listed equipment in this policy by any of the following means:
(a) Via email to: [email protected]
(b) Via phone call to : 650-947-2672
(c) Via mail sent to:

Los Altos Police Department
Attention Operations Captain
1 North San Antonio Rd
Los Altos CA 94022
2699
Agenda Item # 11.

From: Angel Rodriguez
To: Adelina Del Real
Subject: FW: PUBLIC COMMENT AGENDA ITEM #TBD (MilEquipUse 709) 7/12/2022 Date: Monday, September 19, 2022 11:29:31 AM
Attachments: 2022 06 30 LAPD ME Use Policy key issues overview mtg with Katie Krauss.pdf 2022 07 12 City of Los Altos Policy 709 Military Equipment DRAFT redline V.5.pdf From: Gabriel Engeland <[email protected]>
Sent: Monday, September 19, 2022 8:31 AM
To: Angel Rodriguez <[email protected]>
Subject: Fw: PUBLIC COMMENT AGENDA ITEM #TBD (MilEquipUse 709) 7/12/2022 Angel,
Please see the below and attached. Can we make sure this is uploaded for public comment.

Thanks,
Gabe
Gabriel Engeland
City Manager
City of Los Altos
(650) 947-2740 | www.losaltosca.gov
From: Jeanine Valadez
Sent: Monday, September 19, 2022 12:31 AM
To: Gabriel Engeland <[email protected]>
Subject: Fwd: PUBLIC COMMENT AGENDA ITEM #TBD (MilEquipUse 709) 7/12/2022 Gabe, here is the Public Comment email referenced in the other email I just sent. I sent the email below June 30 but it was somehow not read by the city. The PDFs I submitted with that Public Comment are hereby attached as well. Please advise as to anything I need to do to effect a corrected Public Comment posting for me to this 9/20 Council packet.
2700
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Thank you,
Jeanine Valadez
=====================
>Date: Sun, 18 Sep 2022 22:50:48 -0700
>To: Angel Rodriguez <[email protected]>
>From: Jeanine Valadez <j
>Subject: Fwd: PUBLIC COMMENT AGENDA ITEM #TBD (MilEquipUse 709) 7/12/2022 >
>Angel, here is the Public Comment I sent June 30. Please note that >the attached v5 redline filename is titled with date 2022_07_12 >because that was when I thought the agenda would discuss the topic - >it was actually saved on June 30 (you can confirm this by checking >the file's meta data). I also did not have an agenda item number >for that 7/12 agenda so my subject line says "#TBD" -- perhaps >that's why it got lost??
>
>Jeanine
>=====================
>>Date: Thurs, 30 Jun 2022 10:32:20 -0700
>>To: [email protected]
>>From: Jeanine Valadez <[email protected]>
>>Subject: PUBLIC COMMENT AGENDA ITEM #TBD (MilEquipUse 709) 7/12/2022 >>
>>City Council, City Staff, Los Altos PD,
>>
>>I cannot support Policy 709 as written. It is missing key elements >>of AB481 -- most notably the requirement for accountability, >>consequences, and independent oversight -- and the vocabulary used >>doesn't properly constrain authorized uses of ME in our city. I >>have shared all my work with Captain Katie Krauss prior to this >>comment. I thank her for the time she has shared with me to review >>the attached content.
>>I am available to discuss the rationale behind each and every edit >>or suggestion.
>>Please see attached redline of the MEUP 709 policy Version 5 (V5), >>and the attached Key Issues Summary that justifies and explains the >>edits comprising V5.
>>
>>Jeanine Valadez
>>Disclosure: I am a PARC commissioner but am writing this as a >>member of the public.
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Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 2 a tracked system instead of wheels for forward motion.
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include non-explosive items designed to remove a lock, or a handheld, oneperson ram. • Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms and ammunition of less than .50 caliber.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC (Oleoresin capsicum), excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions, including, but not limited to, lethal and less-lethal implementations of 40mm projectile (baton) launchers, pellet bag- and rubber bullet-firing weapons, and specialty impact munition (SIM) weapons.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
2703
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2704
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 4 (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit any questions about the use of a type of military equipment, including, but not limited to results of past tests conducted to verify efficacy of military equipment owned by Department, and how the Department will respond in a timely manner. [Source for redline: several LE members I know (all management) with whom I spoke; their experience was that such data are or should be gathered and archived regularly, especially in smaller agencies where use of ME, both weapons and munitions, is rare. The worst thing that can happen is malfunction of equipment due to age.]
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list and description of qualifying equipment for the Department:

1. 40 MM Launchers and Rounds: 40mm Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. (a) Description, quantity, capabilities, and purchase cost i. PENN ARMS GL-140-C, 40MM SINGLE SHOT LAUNCHER, cost:
$1,000, quantity: 3. The 40mm Single Launcher is a tactical single shot launcher that features a collapsible stock. It will fire standard 40mm less lethal ammunition, up to 6.0 inches in cartridge length. 40mm launchers are capable of firing a variety of munitions with a maximum effective range of one hundred twenty (120) feet.
ii. SAGE CONTROL ORDINANCES INC K041 STANDARD ENERGY
IMPACT BATON PROJECTILE, cost: $21.00, quantity: 14. A less 2705
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2706
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 6 a suspect reducing the immediacy of the threat which is a principle of 2707
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2708
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 8 the Los Altos Police Department to utilize the less lethal shotgun only for official 2709
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2710
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 10 armor.
vi. When authorized or requested by a supervisor.
vii. When needed to euthanize an animal (there will be situations where distance is required from an animal for safety or accessibility reasons, demanding the use of this equipment).
(d) Lifespan:
i. Colt AR/M4 Rifles: Approximately 15-20 years
ii. 223 Caliber or 5.56mm rifle ammunition: No expiration 2711
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2712
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 12 iv. when an Officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage;
2713
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2714
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2715
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2716
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 16 requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to 2717
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2718
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2719
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2720
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2721
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 21 equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

The governing body shall review the ordinance it has adopted approving the military equipment use policy at least annually in combination with a review of the annual report generated by the Department. Should the governing body at any review cycle fail to approve any component(s) of military equipment (GC §7071 Subdiv (e) para (1)-(2) abridged) or the military equipment use policy or any element of the policy within 180 days of the commencement of said review cycle, the use of military equipment, or specific component(s) of military equipment, shall cease by the Department until that time that the governing body approves the military equipment policy (GC §7071 Subdiv (a) para (2) abridged).
709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Pursuant to California Government Code 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of listed equipment in this policy by any of the following means:

To Department:
(a) Via email to: [email protected]
(b) Via phone call to : 650-947-2672
(c) Via mail sent to:

Los Altos Police Department
Attention Operations Captain
1 North San Antonio Rd
Los Altos CA 94022
To Independent Oversight (IO):
a) IO email
b) IO phone
c) IO mail address
2722
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2022_06_30 Los Altos PD – Policy 709 Military Equipment Use Key Issues Summary – refers to REDLINE of 709 generated by Jeanine Valadez, Version V.5 Prior publication: Public Comment to 6/14/2022 City Council Meeting – V.1 =====================
Background: I conducted an extensive search through ME Use Policies and some contact with many other LE agencies and personnel throughout Calif. All agencies I accessed used Lexipol template as basis, though there was quite a bit of variance as to content, which sections of the template they chose to deploy, the decisions they made to expand upon or abridge template sections, etc. Anecdotally, I found that as many agencies were more expansive in their policy statements as those that were “bareminimum” agencies. I would put our policy more towards the end of the spectrum of bare minimum with some actual missing elements of AB481. In the end, my recommendations constitute what I consider to be a best practices suggestion that balances PD’s need for accuracy, justifiable use of the equipment, and necessity of ME to effect public safety, with the public’s interest in transparency, explicitly abiding by the law (AB481), compliance and accountability, protection of civil rights, and empathy for those historically negatively affected by such equipment.

Key Issues (Not in order of Policy Outline)
1) Our current Policy 709 is missing a comprehensive introduction. It does not inform the public of the philosophy behind why the document exists, nor “what’s in it for the public.” SOLUTION:

Expand Purpose and Scope chapter 709.1 as redlined.
2) The definitions section 709.1.1 is abridged excessively. SOLUTION: expand military equipment definitions using AB481 wording.
3) 709 does not recognize the overarching desire to protect people in classes of difference from harm simply because they are different; i.e., there is no anti-discrimination statement of any kind. Even AB481’s preamble and Sec 1 intro both recognize the negative impact on people of color. SOLUTION: I added historical discriminatory use statement under the Policy chapter, 709.2 (e). It complies with the guidelines put out by the DOJ. Additionally, Constitutional Law (Whren v. United States, 517 U.S. 806, 813 (1996) assures this protection (see Dept of Justice website: https://www.dhs.gov/sites/default/files/publications/use-of-race-policy 0.pdf). I sourced the wording from Hayward PD after checking that it conformed to DOJ guidelines. 4) 709 does not show the assessment criteria AB481 requires (see citations in redline for 709.5).

The general public does not typically read state bills, laws, or case law. Yet they read local policies. AB481 is deeply replicated in most agencies’ ME policies. This informs the public what to expect and amplifies the purpose of the policy as well as the governing bodies’ responsibilities therein. The most important duty of the governing body is to make sure they follow the assessment criteria set out by AB481. Those criteria are missing from here. This not only keeps the governing body in the dark, but keeps the public in the dark. SOLUTION: Include the full list of assessment criteria for the governing body in the Approval section 709.5. 5) The document insufficiently binds authorized uses throughout 709.4 because it uses the phrase, “included but not limited to” in an unconstrained fashion. This is the NUMBER ONE concern 2723
Agenda Item # 11.
from the public. While it is true that section (g) in each ME inventory item cites various Department policies that guide and/or constrain authorized use, leaving the phrase above alone continues to rile the public. It looks and smells like a loophole. Some agencies have ameliorated this concern in one of two ways:
a. By adding a few Prohibited Uses
b. By adding a few components of ME that will NOT be sought for funding, acquisition, or use. The most common here are launchers with explosive munitions (grenade launchers or munitions poles) and water cannons (the latter likely because they for so long have been used against protestors and historically against Black and Brown people. c. SOLUTION: I am NOT proposing either mechanism above because I do not believe prohibited uses and prohibited equipment are within the scope of AB481. It is true that AB481 allows agencies to go beyond the min requirements of the bill (see AB481 preamble, end of 3rd paragraph), but I think doing so in the specific case leads us into murky waters. Therefore, my solution is to add obvious redundancy to this clause by adding the text in my redlines in 709.4 for each applicable item of ME in paragraphs under Section 709.4, understanding that section (g) of each item of ME, by listing applicable policy codes does the same, in effect. These redundant additions quell the public’s concerns and do not dispute in any way the existing policies of the Department.

My LE friends (again, all but one is a managerial officer or Asst chief or Chief) recommended to additionally use the phrase, “necessity, reasonableness, and proportional use” for each item of ME in the inventory as they have found this phrase calming to the public while still being consistent with any continuum of force, or use of force, or rubric of force policies that any agency in their experience has ever deployed operationally.
6) The document has typos and many acronyms. SOLUTION: correct them and spell out acronyms at least first time used. I hope my redlines have captured them all. 7) The semi-automatic rifle section 709.4 (3) (a) (i) is vague. Do we actually include both AR15 (semi-auto) and M4 (burst and fully auto) rifles in our inventory? Or is the use of the descriptor “AR-15/M4” being used as a generic term and we actually only stock semi-auto rifles? SOLUTION: It would be better to itemize by name/model, as has been done in all other sections, what kinds of rifles we actually have because they have different capabilities, barrel lengths (and therefore different targeting-efficacy metrics and close-quarters suitability), and costs. Clarification is needed here
8) The review mechanisms included in 709.7 do not meet the requirements of AB481. SOLUTION:

Add the fact that the policy itself must be annually reviewed by law. The current policy 709 only states that an annual report must be issued. Expanded 709.7 to cover ANNUAL REPORT AND ANNUAL REVIEW. Redline was created by extracting cited clauses from AB481. 9) The Community Engagement section 709.8 lacks Independent Oversight contact information.

SOLUTION: Add placeholders as shown in my redlines.
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Agenda Item # 11.
10) The policy does not take full advantage of what the law (AB481) allows. Specifically, AB481 allows agencies to add requirements and standards to their ME Use Policy that go beyond the minimum requirements of AB481: “The bill would specify these provisions [the specified standards in AB481] do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.” SOLUTIONS: I have added the following as valuable to obtaining the public’s buy-in to approval of the policy:
a. add the explicit statement holding the Chief of Police accountable for members compliance with the policy in the spirit of part of the “accountability” and “compliance” requirements (added in 709.2)
b. expand the Purpose and Scope section to give legislative background to policy and to elaborate the considerations given the public in creating the policy (in 709.1) c. spell out first use of all acronyms
d. expand any statement of an individual authorized use case if doing so helps the public understand it better (example I have chosen: 709.4 (3) (c) (vii), added wording justifying use of semi-auto rifle to euthanize an animal)
e. augment the description of training of authorized sniper rifle users in the Department with a statement that they undergo the same training with Mountain View SWAT team and are fully integrated therein. You have mentioned the MV team analogously in section 709.4. (6) with the breaching shotgun.
f. clarify whether or not the flashbang munitions pole seems to be obsolete. I have added my commentary in the redline, 709.4 (7)
g. delete marketing-oriented text from description of SIM weapons, 709.4 (9) for obvious reasons. See redline.
h. add to 709.5 the assessment criteria the governing body must use to approve policy 709. Doing this more precisely clarifies PD’s commitment to fulfill the criteria in the law, even though elements may not be completely implemented right now (for example, current Policy 709 does not have an independent oversight mechanism in the policy; yet, by committing to have one, the governing body could approve it pending the establishment of said mechanism to a date certain after which, if not implemented, the policy would be disapproved until that time the mechanism is implemented. In simple words, adding this section from AB481 to section 709.5 engenders the public’s patience with the fact that certain elements are not completely implemented. (This redline was created by me by extracting wording from AB481 Sec 7071 Subdiv (d) para (1) subpara A-D, and wording from Sec 7070 Subdiv (d) para 1-7.
i. Add rationale to 709.6 as to why our 709 policy allows agencies provide us mutual aid to conform to their ME use policies and NOT conform to ours. I found several agencies that require local conformance. SOLUTION: I do NOT believe in asking mutual aid providers to conform to our policies and support the policy as written in 709.6. 2725
Agenda Item # 11.
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PUBLIC CORRESPONDENCE

The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
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Agenda Item # 11.

From: Jeanine Valadez
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM #12 6/14/2022
Date: Monday, June 13, 2022 12:01:45 PM
Attachments: 2022_04_22 City of Los Altos Policy Military Equipment DRAFT redline V.1.pdf City Council, City Staff, Los Altos PD,
I cannot support Policy 709 as written. It is missing key elements of AB481 (most notably the requirement for accountability and consequences) and the vocabulary used doesn't properly constrain authorized uses of ME in our city.

I am available to discuss the rationale behind each and every edit or suggestion.

Please see attached redline,
Jeanine Valadez
Disclosure: I am a PARC commissioner but am writing this as a member of the public.
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Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 1 Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department (for Los Altos, this is the City Council).

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include items designed to remove a lock, or a handheld, one-person ram. • Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms and ammunition of less than .50 caliber.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC (Oleoresin capsicum), excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions, including lethal and less-lethal implementations. • Any other equipment as determined by a governing body or a state agency to require additional oversight.

Policy
709
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
It is the policy of the Los Altos Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Los Altos Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit any questions about the use of a type of military equipment, including, but not limited to results of past tests conducted to verify efficacy of military equipment owned by Department, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list and description of qualifying equipment for the Department:

1. 40 MM Launchers and Rounds: 40mm Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. (a) Description, quantity, capabilities, and purchase cost i. PENN ARMS GL-140-C, 40MM SINGLE SHOT LAUNCHER, cost:
$1,000, quantity: 3. The 40mm Single Launcher is a tactical single shot launcher that features a collapsible stock. It will fire standard 40mm less lethal ammunition, up to 6.0 inches in cartridge length. 40mm launchers are capable of firing a variety of munitions with a maximum effective range of one hundred twenty (120) feet.
ii. SAGE CONTROL ORDINANCES INC K041 STANDARD ENERGY
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 3 IMPACT BATON PROJECTILE, cost: $21.00, quantity: 14. A less 2732
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 4 lethal 40mm impact baton projectile fired from a single 40mm grenade launcher with a rifled barrel at 51-72 MPS (meters per second). The projectile provides accurate and effective performance when fired from the recommended firing distances of not less than 10 feet and no greater than 75 feet. [Note: many agencies now use K08 SST (Super Soft Tip) projectiles instead of this version]
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to the following; however, other situations not listed here may also be deemed authorized use cases under applicable penal codes and case law, and, in general shall reflect necessary, reasonable, and proportional use of less lethal weapon systems:
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. (d) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (e) Lifespan:
i. Penn Arms GL-140-C- No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear
ii. K041 Standard Energy Impact Batons-5 years
(f) Fiscal Impact: Annual maintenance is approximately $100 for each launcher. (g) Legal and Procedural Rules: Use of the 40mm launcher and 40mm baton rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the 40mm only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

2. Less Lethal Shotgun and Rounds: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $950, quantity: 11.

The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The 2733
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 5 range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of 2734
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 6 deescalation. The less lethal 12- gauge shotgun is distinguishable by an orange butt stock and fore grip.
ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND 2581, cost: $6, quantity:

90. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS (Combined Tactical Systems) Super-Sock rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Super-Sock is an aerodynamic projectile.

However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use - Situations for use of the less lethal weapon systems may include, but are not limited to the following; however, other situations not listed here may also be deemed authorized use cases under applicable penal codes and case law, and , in general shall reflect necessary, reasonable, and proportional use of less-lethal weapon systems:
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. (d) Lifespan:
i. Remington 970 Less Lethal Shotgun-25 years
ii. Super Sock Round Model 2581: No listed expiration date (e) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (f) Fiscal Impact: Annual maintenance is approximately $100 per shotgun. (g) Legal and Procedural Rules: Use of the less lethal shotgun and Super Sock rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of 2735
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 7 the Los Altos Police Department to utilize the less lethal shotgun only for official 2736
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 8 law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

3. 5.56mm Semi-Automatic Rifles and Ammunition: The Colt AR-15/M4 5.56 mm/.223 semiautomatic rifles are used for both patrol and the SWAT Team. (a) Description, quantity, capabilities, and purchase cost i. COLT AR/M4 RIFLES, cost: $1200, quantity: 27. These rifles, equipped and locked in each patrol car or police motorcycle, offer a higher degree of accuracy at a longer distance. The ammunition used in rifles are also more effective at penetrating body armor (as some suspects have worn during high-profile shooting events in the country). They are normally kept secured in patrol cars or in the Police station and are only deployed on specific incidents where officers believe guns or weapons are involved.[Question: This listing is vague. Do we actually include both AR15 (semi-auto) and M4 (burst and fully auto) rifles in our inventory? Or is the use of the descriptor “AR-15/M4” being used as a generic term and we actually only stock semi-auto rifles? It would be better to itemize what kinds of rifles we actually have because they have different capabilities, barrel lengths (and therefore different targeting-efficacy metrics and closequarters suitability), and costs. Clarification is needed here.] ii. .223 CALIBER or 5.56MM RIFLE AMMUNITION, cost: $280 per case of 500 rounds, quantity: 10,800 rounds. This rifle ammunition used in conjunction with an AR-15 type rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Rifle ammunition fired from AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation. (b) Purpose: To be used as precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c) Authorized Use - Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Situations for use of the less this lethal weapon systems may include, but are not limited to the following; however, other situations not listed here may also be deemed authorized use cases under applicable penal codes and case law, and, in general, shall reflect necessary, reasonable, and proportional use of lethal weapon systems:
i. Situations where the member reasonably anticipates an armed encounter. ii. When a member is faced with a situation that may require accurate and effective fire at long range.
iii. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
iv. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
v. When a member reasonably believes that a suspect may be wearing body armor.
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 9 vi. When authorized or requested by a supervisor.
vii. When needed to euthanize an animal.
(d) Lifespan:
i. Colt AR/M4 Rifles: Approximately 15-20 years
ii. 223 Caliber or 5.56mm rifle ammunition: No expiration 2738
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 10 (e) Training: Officers must successfully complete a 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Firearm Instructors attend a 40-hour POST-approved certified rifle instructor class, and SWAT personnel must attend an 80-hour basic SWAT Team course. (POST is the Peace Officer Standards and Training Council; SWAT is Special Weapons and Tactics.)
(f) Fiscal Impact: Annual maintenance is approximately $100 per rifle. (g) Legal and Procedural Rules: Use of the patrol rifles and ammunition are subject to the requirements of Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

4. .308 Caliber Remington 700 and Heckler & Koch HK-91 Sniper Rifles and Ammunition: The sniper rifles are capable of firing a .308 caliber bullet. This rifle may only be used by a SWAT Officer trained and certified to be a sniper (LAPD currently has two such officers) and may be deployed to assist the SWAT Team in a critical incident or emergency.
(a) Description, quantity, capabilities, and purchase cost i. .308 CALIBER REMINGTON 700 AND 700 LTR RIFLES, cost:
$1,000, quantity: 2. Remington 700: No cost, surveyed, Remington 700LTR
$1,000.
ii. .308 CALIBER HECKLER & KOCH HK-91 RIFLE, cost: No cost, surveyed, , quantity: 1.
iii. .308 AMMUNITION, cost: $1.50 per round, quantity: 3.040 3,040 rounds.

These nickel-plated bonded soft-point 308/7.62 cartridges from Speer Gold-Dot are resistant to corrosion, capable of expansion from barrels as short as 10", and retain accuracy from a variety of barrels lengths. (b) Purpose: This rifle may only be used by a SWAT Officer trained and certified to be a sniper and may be deployed to assist the SWAT Team in a critical incident or emergency. The main use of this lethal weapons system is for observation of an incident and to be able to accurately and immediately be able to stop a threat to life.
(c) Authorized Use: Examples of situations for deploying the sniper rifle may include, but are not limited to the following; however, other situations not listed here may also be deemed authorized use cases under applicable penal codes and case law, and, in general, shall reflect necessary, reasonable, and proportional use of lethal weapon systems:
i. where the Officer reasonably anticipates an armed encounter; ii. when the Officer is faced with a situation that may require accurate and effective fire at a long distance;
iii. where an Officer reasonably expects the need to meet or exceed the 2739
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 11 firearms and ammunition that a suspect is reported or believed to possess; iv. when an Officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage;
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 12 v. when an Officer reasonably believes that a suspect may be wearing body armor.
(d) Lifespan:
i. .308 Caliber Remington 700/700LTR: Approximately 15 years ii. .308 Caliber Heckler & Koch HK-91: Approximately 15 years iii. .308 Ammunition: No expiration
(e) Training: In addition to patrol rifle and standard SWAT operator training, SWAT snipers must successfully complete a California POST-certified sniper course as well as regular SWAT sniper training and qualifications as required by law and policy.
(f) Fiscal Impact: Annual maintenance is approximately $100 per Remington rifle.

The HK is not used.
(g) Legal and Procedural Rules: Use of the sniper rifles and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos, Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), Policy 312 (FIREARMS), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

5. Benelli M3Super90 12 gauge shotgun and ammunition: This firearm is not currently used by the department and is stored in the armory. The Benelli M3 is a dual-mode (hybrid pump-action and semi-automatic) shotgun The ammunition for the shotgun is 00 Buck and slug rounds.
(a) Description, quantity, capabilities, and purchase cost i. BENELLI M3SUPER90 12 GAUGE SHOTGUN, cost $500, quantity:

1. The Benelli M3 is a combination Pump-Action and Semi-Automatic Shotgun. The shotgun can be chambered for 12 GA shells with a 20 inch barrel.
ii. 00 BUCK AMMUNITION, cost: $1.80 per round, quantity: 600 rounds. A typical 12-gauge, 2 ¾-inch 00 Buckshot shell holds 8 pellets that are 0.33" in diameter. A 3-inch shell most often contains 12 of these same sized pellets.
iii. SLUG AMMUNITION, cost: $1.40 per round, quantity: 100. The Fostertype shotgun slug features exterior rifled grooves which contact the shotgun's bore to give it spin; and, the slug's hollow-point design initiates expansion to augment stopping power.
(b) Purpose: This shotgun is not currently utilized by the department. The only shotguns used by the Department are the less lethal shotguns. The ammunition is purchased solely for recruits in the police academy, where shotgun instruction occurs.
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 13 (c) Authorized Use: There is currently no authorized use for the shotgun in our policy.
(d) Lifespan:
i. Benelli M3Super90 12 gauge shotgun: Approximately 15 years ii. OO Buck Ammunition: No expiration
iii. Slug ammunition: No expiration
(e) Training: Officers receive training in shotgun use in the police academy, and have to pass firearm qualifications. There is no further training with the Benelli shotgun or ammunition.
(f) Fiscal Impact: None, the weapon is not utilized.
(g) Legal and Procedural Rules: Use of all firearms fall under the following policies:

Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize firearms only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

6. Remington 870 MCS 12 Gauge Breaching shotgun and breaching rounds: This firearm/ammunition is not currently used by the department and is stored in the SWAT armory.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 MCS 12 GAUGE BREACHING SHOTGUN, cost:
$1,400, quantity: 1. Extremely compact breaching model 12 gauge with a ten inch cylinder bore breaching barrel with parkerized finish, a Knoxx recoil reducing breacher pistol grip stock, and synthetic modular fore-end. ii. 12 GAUGE BREACHING ROUNDS, cost: $5.00 per round, quantity: 25 rounds. The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant.

The is a widely used method to breach door locks or hinges for entry during tactical operations.
(b) Purpose: The breaching shotgun is used to safely gain entry into a structure.

When properly deployed, the TKO breaching round is capable of defeating door lock mechanisms, door knobs, hinges, dead bolts, safety chains, and pad locks on both wooden or hollow core doors. Upon impact with the target, the zinc slug disintegrates in to a fine powder eliminating fragmentation. The Explosive Breaching Program, conducted in conjunction with the Mountain View Police Department, was established to provide the joint SWAT Team the ability to quickly create an opening in a wall or window to quickly enter a building for an emergency rescue of hostages. It is reserved for rescue operations only. (c) Authorized Use: This equipment would only be deployed during a SWAT incident, and its use would need specific authorization from the Incident Commander. The equipment may only be used by a "tactical breacher" on the SWAT team. We currently do not have any authorized users at the Department. 2742
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Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 14 (d) Lifespan:
i. Remington 870 MCS 12 Gauge Breaching shotgun: Approximately 15 years
ii. 12-Gauge TKO Breaching Round: Approximately 5 years (e) Training: The training consists of an 80-hour course for a member of the SWAT Team specifically designated as the "breacher." At the conclusion of the course, the breacher must pass a test proctored by CAL/OSHA. The OSHA certification is valid for 5 years. Before the expiration of the certification, the breacher must retake and pass the test.
(f) Fiscal Impact: None, the weapon is not utilized.
(g) Legal and Procedural Rules: Use of the breaching shotgun and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

7. Kaiser Precision Vulcan II Munitions Pole: Telescoping tool utilized by SWAT personnel to safely deliver approved noise/diversionary devices. [This product does not come up in any Google or manufacturer’s searches. I think I found its patent, though). Is it obsolete? Lots of court cases and settlements in favor of complainants who suffered injuries as a result of burns and impact by flashbang deployment using poles similar to this one.] (a) Description, quantity, capabilities, and purchase cost i. KAISER PRECISION VULCAN II MUNITIONS POLE, cost: $2,000, quantity: 1. The munitions pole is a multi-purpose breaching tool, constructed of lightweight aluminum square tubing used to deploy distraction devices and chemical munitions in order to gain entrance into a building, structure or even a vehicle.
(b) Purpose: The munitions pole is used to safely deploy diversionary devices, chemical munitions, or other objects (cell phones, cameras) during SWAT operations.
(c) Authorized Use: This equipment would be deployed during primarily during a SWAT incident, but could be utilized to gain entry into a residence during other high- risk operations on patrol.
(d) Lifespan: Approximately 10 years
(e) Training: Kaiser Precision provided an instructional video for individual and team training.
(f) Fiscal Impact: None, does not require annual maintenance (g) Legal and Procedural Rules: Use of the munitions pole are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 2743
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 15 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to 2744
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 16 utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

8. CTS Flash-bang Training Kit: The training flash-bangs are built and weigh exactly the same as it's equivalent live Flash-Bang, but have no flash charge. (a) Description, quantity, capabilities, and purchase cost i. CTS FLASH-BANG TRAINING KIT, cost: $964, Quantity 1 kit (comes with 70 reload Training Fuzes, 1 body), current fuze inventory is 25. The training bodies are painted with a bright blue coating, and can be used an unlimited number of times. The M201FB fuze for this system has 10 times the output of a normal M201 fuze and it is threaded with a left hand thread so it can not be accidentally used in any other munitions. The training devices produce an output of about 120db.
(b) Purpose: Flash-bangs are used to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. The distraction gives Officers time to seize a moment and create an opportunity to take control of high-risk or dangerous situations.
(c) Authorized Use: SWAT operators may utilize the training flash-bangs as a training tool to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. Los Altos Police Department does not have any live flash-bangs in the inventory. Our operators use live flashbangs while on SWAT events or at training with Mountain View Police Department.
(d) Lifespan: 5 years
(e) Training: These are a training tool. SWAT operators must attend and pass an 80-hour SWAT training class. Flash-bang training is provided by an instructor who has completed an 8-hour noise flash diversionary device course. (f) Legal and Procedural Rules: Use of the live flash-bangs are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

9. Specialty Impact Munition (SIM) weapons and ammunition: Simunition® is the pioneer and world leader in providing military, law enforcement and approved range members with the most realistic and non-lethal force-on-force, short range, simulation training system.
(a) Description, quantity, capabilities, and purchase cost i. SIMUNITION GLOCK 17T, cost: $500 each, quantity: 8. The GLOCK Training Pistols were developed with the purpose of enabling realitybased tactical operations training using color marking or plastic projectile 2745
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 17 ammunition. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
ii. SIM CONVERTED BERETTA 92, cost: $500 each, quantity: 4. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
iii. HK MP5 CONVERSION KITS, cost: $500 each, quantity 2. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards.
iv. SIMUNITION COLT AR-15 CARBINE RIFLE UPPERS, cost: $1,000 each, quantity: 3. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon.

These easy-to-install kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons.

When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards. v. FX MARKING CARTRIDGES, cost: $350 for 500 rounds, quantity: 3,500 rounds. The reduced-energy, non-lethal cartridges leave a detergentbased, water-soluble color-marking compound. The visible impacts allow accurate assessment of simulated lethality. They feature tactical accuracy up to 25 feet (7.6 meters).
(b) Purpose: Enabling reality-based, force-on-force tactical operations training using color marking or plastic projectile ammunition.
(c) Authorized Use: Simunition weapons and marking rounds are non-operational rounds and non-operational weapons systems. These munitions provide for realistic close quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force-on-force training scenarios. These items are used for training purposes for all sworn staff members. (d) Lifespan:
i. Simunition Glock 17T: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. ii. Sim Converted Beretta: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. 2746
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 18 iii. HK MP5 Conversion Kits: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
iv. Simunition Colt AR-15 Rifle Uppers: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
v. FX Marking Cartridges: Shelf life five (5) years.
(e) Training: These are a training tool. Simunition Instructors attend an informative, three-day (24-hour) course designed to provide students with substantial handson experience with Simunition® FX® training ammunition technology, weapons conversion kits, and the Simunition® line of protective equipment. The course provides in-depth, hands-on instruction in scenario-based training program development and training methodology, and gives critical practical experience to students on the best use of Simunition® training products in a highly effective, realistic, extremely safe training program. Sworn staff members are given extensive firearms handling courses and weapons safety instruction to include the use of SIMs for training purposes.
(f) Legal and Procedural Rules: Use of the Simunition firearms and marking rounds are subject to the requirements of Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS) while training. It is the policy of the Los Altos Police Department to utilize Simunition equipment only for official law enforcement training purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior tobefore the Department engagesing in any of the following (Government Code § 7071):
(a) Requestsing military equipment made available pursuant to 10 USC § 2576a. (b) Seeksing funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiresing military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaboratesing with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. 2747
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 19 (e) Usesing any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Solicitesing or respondsing to a proposal for, or enteresing into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiresing military equipment through any means not provided above.

The governing body shall approve the military equipment use policy in accordance with the scope of assessment described in AB 481: Subsection 7071 (1), Sec 2, Para 2, subpara A-D.

Should the governing body at any review cycle fail to approve the military equipment use policy within 180 days of the commencement of said review cycle, the use of military equipment shall cease by the Department until that time that the governing body approves a military equipment policy.
709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other law enforcement agencies that are providing mutual aid to this jurisdiction or otherwise engaged in law enforcement operations within this jurisdiction shall comply with their respective military equipment policies in rendering mutual aid. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Pursuant to California Government Code 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of listed equipment in this policy by any of the following means:
(a) Via email to: [email protected]
(b) Via phone call to : 650-947-2672
(c) Via mail sent to:

Los Altos Police Department
2748
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/22, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 20 Attention Operations Captain
1 North San Antonio Rd
Los Altos CA 94022
[COMPLIANCE AND ACCOUNTABILITY: Need to add section that fulfills AB 481’s requirement to detail “the mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.” 2749
Agenda Item # 11.

PUBLIC CORRESPONDENCE

The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
2750
Agenda Item # 11.

From: Debra Strichartz
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM 12 - JUNE 12 2022
Date: Monday, June 13, 2022 3:09:39 PM
To Mayor, Vice-Mayor, and CouncilmembersI do not support the approval of our draft Military Equipment Use policy as is. The policy as proposed does not safeguard the public’s welfare, safety, civil rights, and civil liberties, so it should not be approved. The policy leaves too many loopholes for the usage of military equipment in any capacity. I want to see prohibited use cases for each piece of military equipment so that we can minimize injuries and fatalities in our community.Thank you for your consideration of this matter.Sincerely Debra Strichartz
2751
Agenda Item # 11.

From: Annie Rogaski
To: Public Comment
Subject: Public Comment Agenda, Item 12, June 12, 2022
Date: Tuesday, June 14, 2022 1:50:28 PM
Dear Mayor, Vice-Mayor, and Councilmembers,
I do not support the approval of the current draft of the Military Equipment Use policy. It does not sufficiently safeguard the public’s welfare, safety, civil rights, and civil liberties, so should not be approved. The policy leaves too many loopholes for the usage of military equipment in any capacity. I want to see prohibited use cases for each piece of military equipment so that we can minimize injuries and fatalities in our community and best protect public safety.

Thank you for your consideration of this matter.

Best,
Anne Rogaski
Los Altos Resident
2752
Agenda Item # 11.

From: Los Altos Racial Equity
To: Public Comment; City Council
Subject: Fwd: Military Equipment Use Policy
Date: Tuesday, June 14, 2022 2:23:14 PM
Dear Mayor, Vice-Mayor & City Council Members,
The LAPD has submitted its Military Equipment Use Policy for review and vote by City Council. As per CA Govt. Code 7071, City Council can only approve this policy if it meets all four of these requirements:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

LARE does not feel that this proposal meets requirement B. Below we outline the issues and our proposed changes to safeguard the safety and civil rights of Los Altans. We would be happy to chat about our proposal and go over any questions you may have.

Renee Rashid
On behalf of LARE.

GOVERNING BODY
Current:
709.1.1: Los Altos City Council should be explicitly defined as the governing body so there is no confusion.

Proposed Change:
709.1.1 - Governing body - The Los Altos City Council which oversees the department.

MILITARY EQUIPMENT
Current:

The definitions of military equipment used in this policy do not match the definitions in AB 481. We believe they should match.

Proposed Change:

The offending definitions along with the corrections to make it match AB 481 are below. 2753
Agenda Item # 11.
- Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. - Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include items designed to remove a lock, or a handheld, one-person ram. - Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms and ammunition of less than .50 caliber.
- Munitions containing tear gas or OC (Oleoresin capsicum), excluding standard, service-issued handheld pepper spray.
- Kinetic energy weapons and munitions, including lethal and less-lethal implementations.

VIOLATIONS OF POLICY
Current:
709.2: There is no indication of who can investigate violations of this policy and repercussions for violations found. Los Altans should have a route for private right of action for violations on the usage of military equipment by the Police Department.

Proposed Change: 709.2 could be modified in the following way, or a new section - 709.9 - could be created for COMPLIANCE AND ACCOUNTABILITY, which is what 7070 (d)(6) requires. (We would prefer a new section be created, but sample wording/accountability is below)
709.2 - It is the policy of the Los Altos Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.

Any violations can be investigated by the Los Altos IIO and be brought to the City Council. The City Council may vote on sanctions for violations. If the Los Altos Police Department or its individual officers violate this policy, they shall be liable for actual damages resulting from military equipment used against individuals.

AUTHORIZED USE OF EQUIPMENT
Current:

Each of the military equipment items listed in the PD inventory must have an authorized use. In fact, every one of our authorized use cases uses the language “may include, but not limited to”. This seemingly authorizes ALL use cases without limitation. However, the use of lethal and non-lethal weapons has limitations in the CA penal code, which is not evident here. We are still digging in to whether there are loopholes in state law that we feel should be addressed here through prohibited use cases to strengthen accountability, but at the very least, we should state more explicitly that we rely on state laws and penal code.

Proposed Change:
2754
Agenda Item # 11.

Each of authorized use cases should have verbiage like this that refer to our state code. "Examples of situations for deploying the <equipment> may include, but are not limited to the following; however, other situations not listed here may also be deemed authorized or unauthorized use cases under applicable penal codes and case law, and, in general, shall reflect necessary, reasonable, and proportional use of <lethal or non/lethal> weapon systems" Thank you for your consideration,
Renee Rashid
on behalf of Los Altos for Racial Equity
2755
Agenda Item # 11.

Chief Angela Averiett
Captain Katie Krauss
Assembly Bill (AB)
481: Military
Equipment Funding,
Acquisition and Use
2756
Agenda Item # 11.

Why AB 481
On September 30, 2021 – Gov. Newsom signed eight police reform bills, including AB 481
AB 481 does the following:
• Increases transparency, accountability, oversight for acquisition and use of equipment • Provides safeguards to protect public’s welfare, safety, civil rights and liberties • Creates public forum for input and engagement
2757
Agenda Item # 11.

AB 481 Requirements
• Governing Body approval of a Policy and Ordinance for continued use of items purchased prior to January 1, 2022
• It also requires an annual report; LAPD’s first annual report is planned for January 2023 • Annual Report to include:
How equipment is being used
Maintenance and use costs
Internal audits
Community feedback on use
• AB 481 requires approval for the acquisition of funds associated with purchase of new equipment • Establish a concern or complaint process. LAPD has established processes for the public to submit commendations, questions, concerns and complaints online, over the phone, or in person to LAPD staff or the Independent Intake Official
2758
Agenda Item # 11.

Community Engagement Activities
• April 28, 2022 – Meeting notice on Los Altos Police Department website, City Manager Weekly Update and social media
• Full text of AB 481
• AB 481 defined list of military equipment currently in Los Altos Police Department possession • Los Altos Police Department summary of AB 481
• Draft Lexipol Policy 709
• May 12, 2022 – Community Meeting to Discuss AB 481 and Draft Policy 709 • May-September—Reviewed public comments from Council meetings and met with community members to get additional feedback/input
• September 20, 2022--Present to City Council to gain approval and recommendations 2759
Agenda Item # 11.

Los Altos PD’s Equipment Inventory
Equipment Category Item(s) Funding Source for Acquisition 7 Breaching Equipment
(Breaching Shotgun)
Grant, Asset Forfeiture or
General Fund
10 Specialized firearms and ammunition of less
than .50 caliber
(Rifles, ammunition)
Grant, Asset Forfeiture or
General Fund
11 Any firearm or firearm accessory that is
designed to launch explosive projectiles
(Simunition firearms, ammunition)
Grant, Asset Forfeiture or
General Fund
12 Flashbang grenades and explosive breaching
tools
(Training flashbang devices, munitions pole)
Grant, Asset Forfeiture or
General Fund
14 Kinetic energy weapons and munitions
(40mm less lethal platform, less lethal
shotgun, less lethal rounds)
Grant, Asset Forfeiture or
General Fund 2760
Agenda Item # 11.

Recommendation
• Introduce an Ordinance Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481
2761
Agenda Item # 11.

PUBLIC CORRESPONDENCE

The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
2762
Agenda Item # 11.

From: Los Altos Racial Equity
To: Angela Averiett; Kathryn Krauss; Jolie Houston; Public Comment Subject: PUBLIC COMMENT AGENDA ITEM #11 - 9/20/22
Date: Tuesday, September 20, 2022 12:37:56 PM
To Mayor Enander, Vice-Mayor Meadows, Councilmembers, Attorney Jolie, Chief Averiett & Capt. Krauss
Los Altos for Racial Equity (LARE) has taken a look at the new draft of the Los Altos Military Equipment Use Policy (MEUP). We want to thank City Council for allowing additional time to work on this important document. We also want to thank and recognize Chief Averiett & the PD (especially Capt. Krauss) for spending many hours taking our feedback into account and
Adding City Council as the governing body
Correcting and expanding definitions
Citing appropriate code and providing further explanations Adding the phrase “necessary, reasonable, and proportional use” for authorized use cases to further guide the usage of military equipment
Adding a section on compliance
We feel that these additions will greatly improve transparency for this policy.

However, there is one significant deviation in our policy from what is required by AB 481, which states:
§7070(d)(6): The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and if applicable, what legally enforceable sanctions are put in place for violations of the policy.

As we understand it, our draft policy in 709.8 gives oversight authority - meaning the authority to conduct an investigation into misuse/misconduct - to the Chief of Police, which clearly is not an independent person or entity. Without an interpretation from Counsel, it seems that our policy as drafted could be in danger of being out-of-compliance with the law.

While we do not doubt Chief Averiett’s character or integrity, assigning oversight to the Police Chief leads to an obvious conflict-of-interest that undermines accountability and transparency.
2763
Agenda Item # 11.

We are instead pushing for independent oversight, which we do not currently have (the Independent Intake Official has no oversight role, merely intake). However, we want to ensure accountability, transparency, and compliance with state law, and we feel that the time is right to come up with a solution that can provide this important function. We did see the inclusion of “Formal complaints regarding alleged violations of this policy will be handled by an independent investigator” in 709.8. If this is truly the method in which investigations will be conducted, we applaud this inclusion, but then this statement needs to be followed with more detail on who this person or entity would be, how & when the investigation would be launched, conducted and concluded, and who would have ultimate authority on handing consequences. We look forward to further clarification.

Thank you for your thoughtful attention to this matter, Renee Rashid, Toni Moos & Tanya Maluf
On behalf of Los Altos for Racial Equity
2764
Agenda Item # 11.

From: Jeanine Valadez
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM #11 9/20/2022
Date: Tuesday, September 20, 2022 2:00:07 PM
Attachments: 2022 09 07 Military Equipment Use Policy 709 Los Altos PD bluelines JAV EDITS V1.pdf Honorable City Council, City Manager, City Attorney, and Asst. City Clerk, Please see attached for my public comment on the most recent draft of MEUP 709.

Jeanine Valadez
I am a PARC commissioner but am speaking as a member of the public. 2765
Agenda Item # 11.

Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 1 Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). Assembly Bill 481 (AB 481), signed into law on September 30, 2021, requires law enforcement agencies to create a policy establishing guidelines and requirements for the funding, acquisition, and use of "military equipment" (Government Code § 7070, 7071, and 7072), including requirements to host informational meetings with the public, generate annual "military equipment" use reports, and seek annual approval from their respective governing bodies.

The purpose of this policy is to make sure that safeguards exist, including transparency, governing body and independent oversight, and accountability measures, to ensure the funding, acquisition, and use of "military equipment" is consistent with the provisions set forth by the governing body and as outlined in AB 481. This policy will also provide the public with a transparent view of the "military equipment" utilized by the Los Altos Police Department, as well as the criteria by which the governing body will assess and approve the funding, acquisition, and use of "military equipment" in this Department.
[Ed. note: In this edition, you removed my suggestion to include, within the scope of this policy, the assessment criteria the governing body (City Council) will use to approve the policy. By including these criteria in this policy, you not only enable enrichment of section 709.5 ("Approval"), but you inform the public of said criteria so that they may form their own assessment of whether or not the policy protects the public welfare as they observe their City Council render approval. In this light, I request incorporation of the above words and seek an explanation as to why Staff opposes their inclusion.]
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The Los Altos City Council, who will annually review this policy and approve, by ordinance, for the adoption of this ordinance and the approval of the annual report. elected or appointed body that oversees the .

POST - Peace Officer Standards and Training
SWAT - Special Weapons and Tactics
Military equipment – Per AB 481, military equipment means the following: i Includes but is not limited to the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry Policy
709
2766
Agenda Item # 11.

Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 2 apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. 2767
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 3 (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Not withstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine resistant ambush protected ( MRAP ) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles ( HMMWV ), two and one half ton trucks, five ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one person ram.
• Firearms and ammunition of _ .50 caliber or greater, excluding standard issue shotguns and standard issue shotgun ammunition.
2768
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 4 • Specialized firearms and ammunition of less than _ .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices ( LRADs ).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
709.2 POLICY
It is the policy of the Los Altos Police Department that members of the department comply with the provisions of Government Code § 7071 with respect to qualifying "military equipment". "Military equipment" shall be used by members of the Department who have completed applicable training, including training required by the Commission on Peace Officer Standards and Training (POST).

See the Military Equipment Inventory List (section 709.4) for associated "military equipment" training requirements.
"Military equipment", which has been approved for use by the governing body, shall be used in accordance with all other applicable department policies and laws. These policies and laws include, but are not limited to:
• • Los Altos Police Department Policy 300 (Use of Force) • Los Altos Police Department Policy 308 (Control Devices and Techniques) It is the policy of the that members of this comply with the provisions of Government Code § 7071 with respect to military equipment.
• Los Altos Police Department Policy 312 (Firearms)
• Los Altos Police Department Policy 414 (Hostage and Barricade Incidents) • California Assembly Bill No. 48 (Use of Kinetic Energy Projectiles and Chemical Agents-Assemblies, Protests, and Demonstrations)
• California Penal Code Section 13652 (Use of Kinetic Energy Projectiles and Chemical Agents)
This policy expressly prohibits the use of "military equipment" on individuals or groups solely based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. 2769
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 5 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Los Altos Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit any questions about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list and description of qualifying equipment for the Department:
[Ed. Note: why did you change the itemization of equipment items from numerical to alphabetical? This creates a confusing hierarchy where letters are directly subordinate to letters. For example, 709.4(a)(a) points to “Description, quantity…”. Instead, either revert to using numerical assignments for each item of equipment, as in the original 709.4.1(a), or retain the alpha, but change the subordinate insets to numbers, for example, 709.4(a)(1) points to “Description, quantity…”] (a) 40 MM Launchers and Rounds: 40mm Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. (a) Description, quantity, capabilities, and purchase cost i. PENN ARMS GL-140-C, 40MM SINGLE SHOT LAUNCHER, cost:
$1,000, quantity: 3. The 40mm Single Launcher is a tactical single shot launcher that features a collapsible stock. It will fire standard 40mm less lethal ammunition, up to 6.0 inches in cartridge length. 40mm launchers are capable of firing a variety of munitions with a maximum effective range of one hundred twenty (120) feet.
ii. SAGE CONTROL ORDINANCES INC K041 STANDARD ENERGY
IMPACT BATON PROJECTILE, cost: $21.00, quantity: 14. A less lethal 40mm impact baton projectile fired from a single 40mm grenade launcher 2770
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 6 with a rifled barrel at 51-72 MPS (meters per second). The projectile provides accurate and effective performance when fired from the recommended firing distances of not less than 10 feet and no greater than 75 feet.
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 7 (b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use: Subject to subsection (g) below, s Situations for use of the less lethal weapon systems may include, but are not limited to the following:
however, other situations not listed here may also be deemed authorized use cases under applicable penal codes ad case law, and, in general shall reflect necessary, reasonable, and proportional use of less lethal weapon systems: :
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. v. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of less lethal weapon system. (d) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (e) Lifespan:
i. Penn Arms GL-140-C- No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear
ii. K041 Standard Energy Impact Batons-5 years
(f) Fiscal Impact: Annual maintenance is approximately $100 for each launcher. (g) Legal and Procedural Rules: Use of the 40mm launcher and 40mm baton rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the 40mm only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
(b) Less Lethal Shotgun and Rounds: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $950, quantity: 11.

The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers 2772
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 8 and a suspect reducing the immediacy of the threat which is a principle of deescalation. The less lethal 12- gauge shotgun is distinguishable by an orange butt stock and fore grip.
ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND 2581, cost: $6, quantity:

90. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS (Combined Tactical Systems) Super-Sock rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Super-Sock is an aerodynamic projectile.

However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use - Subject to subsection (g) below, s Situations for use of the less lethal weapon systems may include, but are not limited to the following: :
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. v. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of less lethal weapon system. (d) Lifespan:
i. Remington 970 Less Lethal Shotgun-25 years
ii. Super Sock Round Model 2581: No listed expiration date (e) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (f) Fiscal Impact: Annual maintenance is approximately $100 per shotgun. 2773
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 9 (g) Legal and Procedural Rules: Use of the less lethal shotgun and Super Sock rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the less lethal shotgun only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force. (c) 5.56mm Semi-Automatic Rifles and Ammunition: The Colt AR-15/M4 5.56 mm/.223 semiautomatic rifles are used for both patrol and the SWAT Team. (a) Description, quantity, capabilities, and purchase cost i. COLT AR RIFLES /M4 RIFLES, cost: $1200, quantity: 27. These rifles, equipped and locked in each patrol car or police motorcycle, offer a higher degree of accuracy at a longer distance. The ammunition used in rifles are also more effective at penetrating body armor (as some suspects have worn during high-profile shooting events in the country). They are normally kept secured in patrol cars or in the Police station and are only deployed on specific incidents where officers believe guns or weapons are involved. ii. .223 CALIBER or 5.56MM RIFLE AMMUNITION, cost: $280 per case of 500 rounds, quantity: 10,800 rounds. This rifle ammunition used in conjunction with an AR-15 type rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Rifle ammunition fired from AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation. (b) Purpose: To be used as precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c) Authorized Use - Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Subject to subsection (g) below), s Situations for use of these e less lethal weapon systems may include, but are not limited to, the following: :
i. Situations where the member reasonably anticipates an armed encounter. ii. When a member is faced with a situation that may require accurate and effective fire at long range.
iii. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
iv. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
v. When a member reasonably believes that a suspect may be wearing body armor.
vi. When authorized or requested by a supervisor.
vii. When needed to euthanize an animal at safe distance. [Ed note: without the prepositional phrase, this use seems unnecessarily excessive.] 2774
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 10 viii. When an officer is training at an approved range or other approved facility ix. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan:
i. Colt AR/M4 Rifles: Approximately 15-20 years
ii. 223 Caliber or 5.56mm rifle ammunition: No expiration (e) Training: Officers must successfully complete a 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Firearm Instructors attend a 40-hour POST-approved rifle instructor class, and SWAT personnel must attend an 80-hour basic SWAT Team course. (f) Fiscal Impact: Annual maintenance is approximately $100 per rifle. (g) Legal and Procedural Rules: Use of the patrol rifles and ammunition are subject to the requirements of Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
(d) .308 Caliber Remington 700 and Heckler & Koch HK-91 Sniper Rifles and Ammunition: The sniper rifles are capable of firing a.308 caliber bullet. This rifle may only be used by a SWAT Officer trained and certified to be a sniper (LAPD currently has two such officers) and may be deployed to assist the SWAT Team in a critical incident or emergency.
(a) Description, quantity, capabilities, and purchase cost i. .308 CALIBER REMINGTON 700 AND 700 LTR RIFLE, cost: $1,000, quantity: 2. Remington 700: No cost, surveyed, Remington 700LTR $1,000.
ii. .308 CALIBER HECKLER & KOCH HK-91 RIFLE, cost: No cost, surveyed, , quantity: 1.
iii. .308 AMMUNITION, cost: $1.50 per round, quantity: 3, .040 rounds. These nickel-plated bonded soft-point 308/7.62 cartridges from Speer Gold-Dot are resistant to corrosion, capable of expansion from barrels as short as 10", and retain accuracy from a variety of barrels lengths. (b) Purpose: This rifle may only be used by a SWAT Officer trained and certified to be a sniper and may be deployed to assist the SWAT Team in a critical incident or emergency. The main use of this weapon system is for observation of an incident and to be able to accurately and immediately be able to stop a threat to life.
(c) Authorized Use: Subject to subsection (g) below, e Examples of situations for deploying the sniper rifle may include, but are not limited to the following: :
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Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 11 i. where the Officer reasonably anticipates an armed encounter; ii. when the Officer is faced with a situation that may require accurate and effective fire at a long distance;
iii. where an Officer reasonably expects the need to meet or exceed the firearms and ammunition that a suspect is reported or believed to possess; iv. when an Officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage;
v. when an Officer reasonably believes that a suspect may be wearing body armor.
vi. When an officer is training at an approved range or other approved facility vii. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan:
i. .308 Caliber Remington 700/700LTR: Approximately 15 years ii. .308 Caliber Heckler & Koch HK-91: Approximately 15 years iii. .308 Ammunition: No expiration
(e) Training: In addition to patrol rifle and standard SWAT operator training, SWAT snipers must successfully complete a California POST-certified sniper course as well as regular SWAT sniper training and qualifications as required by law and policy.
(f) Fiscal Impact: Annual maintenance is approximately $100 per Remington rifle.

The HK is not used.
(g) Legal and Procedural Rules: Use of the sniper rifles and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos, Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), Policy 312 (FIREARMS), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
(e) Benelli M3Super90 12 gauge shotgun and ammunition: This firearm is not currently used by the department and is stored in the armory. The Benelli M3 is a dual-mode (hybrid pump-action and semi-automatic) shotgun The ammunition for the shotgun is 00 Buck and slug rounds.
(a) Description, quantity, capabilities, and purchase cost i. BENELLI M3SUPER90 12 GAUGE SHOTGUN, cost $500, quantity:

1. The Benelli M3 is a combination Pump-Action and Semi-Automatic Shotgun. The shotgun can be chambered for 12 GA shells with a 20 inch barrel.
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Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 12 ii. 00 BUCK AMMUNITION, cost: $1.80 per round, quantity: 600 rounds. A typical 12-gauge, 2 ¾-inch 00 Buckshot shell holds 8 pellets that are 0.33" in diameter. A 3-inch shell most often contains 12 of these same sized pellets.
iii. SLUG AMMUNITION, cost: $1.40 per round, quantity: 100. The Fostertype shotgun slug features exterior rifled grooves which contact the shotgun's bore to give it spin; and, the slug's hollow-point design initiates expansion to augment stopping power.
(b) Purpose: This shotgun is not currently utilized by the department. The only shotguns used by the Department are the less lethal shotguns. The ammunition is purchased solely for recruits in the police academy, where shotgun instruction occurs.
(c) Authorized Use: There is currently no authorized use for the shotgun in our policy.
(d) Lifespan:
i. Benelli M3Super90 12 gauge shotgun: Approximately 15 years ii. OO Buck Ammunition: No expiration
iii. Slug ammunition: No expiration
(e) Training: Officers receive training in shotgun use in the police academy, and have to pass firearm qualifications. There is no further training with the Benelli shotgun or ammunition.
(f) Fiscal Impact: None, the weapon is not utilized.
(g) Legal and Procedural Rules: Use of all firearms fall under the following policies:

Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize firearms only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
(f) Remington 870 MCS 12 Gauge Breaching shotgun and breaching rounds: This firearm/ammunition is not currently used by the department and is stored in the SWAT armory.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 MCS 12 GAUGE BREACHING SHOTGUN, cost:
$1,400, quantity: 1. Extremely compact breaching model 12 gauge with a ten inch cylinder bore breaching barrel with parkerized finish, a Knoxx recoil reducing breacher pistol grip stock, and synthetic modular fore-end. ii. 12 GAUGE BREACHING ROUNDS, cost: $5.00 per round, quantity: 25 rounds. The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant.

The is a widely used method to breach door locks or hinges for entry during tactical operations.
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 13 (b) Purpose: The breaching shotgun is used to safely gain entry into a structure.

When properly deployed, the TKO breaching round is capable of defeating door lock mechanisms, door knobs, hinges, dead bolts, safety chains, and pad locks on both wooden or hollow core doors. Upon impact with the target, the zinc slug disintegrates in to a fine powder eliminating fragmentation. The Explosive Breaching Program, conducted in conjunction with the Mountain View Police Department, was established to provide the joint SWAT Team the ability to quickly create an opening in a wall or window to quickly enter a building for an emergency rescue of hostages. It is reserved for rescue operations only. (c) Authorized Use: Subject to subsection (g) below, t This equipment would only be deployed during a SWAT incident, and its use would need specific authorization from the Incident Commander. The equipment may only be used by a "tactical breacher" on the SWAT team. We currently do not have any authorized users at the Department.
(d) Lifespan:
i. Remington 870 MCS 12 Gauge Breaching shotgun: Approximately 15 years
ii. 12-Gauge TKO Breaching Round: Approximately 5 years (e) Training: The training consists of an 80-hour course for a member of the SWAT Team specifically designated as the "breacher." At the conclusion of the course, the breacher must pass a test proctored by CAL/OSHA. The OSHA certification is valid for 5 years. Before the expiration of the certification, the breacher must retake and pass the test.
(f) Fiscal Impact: None, the weapon is not utilized.[Question: Even if the weapon is not utilized, doesn’t the department have to ensure the weapon’s efficacy for use through maintenance? If so, then there must eb a fiscal impact. If not, then why has this piece of equipment not been decommissioned and eliminated?] (g) Legal and Procedural Rules: Use of the breaching shotgun and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
(g) Kaiser Precision Vulcan II Munitions Pole: Telescoping tool utilized by SWAT personnel to safely deliver approved noise/diversionary devices. (a) Description, quantity, capabilities, and purchase cost i. KAISER PRECISION VULCAN II MUNITIONS POLE, cost: $2,000, quantity: 1. The munitions pole is a multi-purpose breaching tool, constructed of lightweight aluminum square tubing used to deploy distraction devices and chemical munitions in order to gain entrance into a building, structure or even a vehicle.
(b) Purpose: The munitions pole is used to safely deploy diversionary devices, chemical munitions, or other objects (cell phones, cameras) during SWAT 2778
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Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 14 operations.
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Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 15 (c) Authorized Use: Subject to subsection (g) below, t This equipment would be deployed during primarily during a SWAT incident, but could be utilized to gain entry into a residence during other high- risk operations on patrol. (c)i. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan: Approximately 10 years
(e) Training: Kaiser Precision provided an instructional video for individual and team training.
(f) Fiscal Impact: None, does not require annual maintenance (g) Legal and Procedural Rules: Use of the munitions pole are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
(h) CTS Flash-bang Training Kit: The training flash-bangs are built and weigh exactly the same as it's equivalent live Flash-Bang, but have no flash charge. (a) Description, quantity, capabilities, and purchase cost i. CTS FLASH-BANG TRAINING KIT, cost: $964, Quantity 1 kit (comes with 70 reload Training Fuzes, 1 body), current fuze inventory is 25. The training bodies are painted with a bright blue coating, and can be used an unlimited number of times. The M201FB fuze for this system has 10 times the output of a normal M201 fuze and it is threaded with a left hand thread so it can not be accidentally used in any other munitions. The training devices produce an output of about 120db.
(b) Purpose: Flash-bangs are used to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. The distraction gives Officers time to seize a moment and create an opportunity to take control of high-risk or dangerous situations.
(c) Authorized Use: Subject to subsection (g) below, SWAT operators may utilize the training flash-bangs as a training tool to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. Los Altos Police Department does not have any live flash-bangs in the inventory.

Our operators use live flash-bangs while on SWAT events or at training with Mountain View Police Department.
(c)i. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan: 5 years
(e) Training: These are a training tool. SWAT operators must attend and pass an 80-hour SWAT training class. Flash-bang training is provided by an instructor 2780
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Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 16 who has completed an 8-hour noise flash diversionary device course. (e)(f) Fiscal Impact: MISSING SECTION, need to fill.
(f)(g) Legal and Procedural Rules: Use of the live flash-bangs are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS 2781
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 17 PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
(i) Specialty Impact Munition (SIM) weapons and ammunition: Simunition® is the pioneer and world leader in providing military, law enforcement and approved range members with the most realistic and non-lethal force-on-force, short range, simulation training system.
(a) Description, quantity, capabilities, and purchase cost i. SIMUNITION GLOCK 17T, cost: $500 each, quantity: 8. The GLOCK Training Pistols were developed with the purpose of enabling realitybased tactical operations training using color marking or plastic projectile ammunition. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
ii. SIM CONVERTED BERETTA 92, cost: $500 each, quantity: 4. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
iii. HK MP5 CONVERSION KITS, cost: $500 each, quantity 2. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards.
iv. SIMUNITION COLT AR-15 CARBINE RIFLE UPPERS, cost: $1,000 each, quantity: 3. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon.

These easy-to-install kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons.

When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards. v. FX MARKING CARTRIDGES, cost: $350 for 500 rounds, quantity: 3,500 rounds. The reduced-energy, non-lethal cartridges leave a detergentbased, water-soluble color-marking compound. The visible impacts allow accurate assessment of simulated lethality. They feature tactical accuracy up to 25 feet (7.6 meters).
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Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 18 (b) Purpose: Enabling reality-based, force-on-force tactical operations training using color marking or plastic projectile ammunition.
(c) Authorized Use: Subject to subsection (g) below, s Simunition weapons and marking rounds are non-operational rounds and non-operational weapons systems. These munitions provide for realistic close quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force on force training scenarios. These items are used for training purposes for all sworn staff members.
(c)i. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan:
i. Simunition Glock 17T: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. ii. Sim Converted Beretta: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. iii. HK MP5 Conversion Kits: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
iv. Simunition Colt AR-15 Rifle Uppers: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
v. FX Marking Cartridges: Shelf life five (5) years.
(e) Training: These are a training tool. Simunition Instructors attend an informative, three-day (24-hour) course designed to provide students with substantial handson experience with Simunition® FX® training ammunition technology, weapons conversion kits, and the Simunition® line of protective equipment. The course provides in-depth, hands-on instruction in scenario-based training program development and training methodology, and gives critical practical experience to students on the best use of Simunition® training products in a highly effective, realistic, extremely safe training program. Sworn staff members are given extensive firearms handling courses and weapons safety instruction to include the use of SIMs for training purposes.
(e)(f) Fiscal Impact: section MISSING, need to fill out or state None. (f)(g) Legal and Procedural Rules: Use of the Simunition firearms and marking rounds are subject to the requirements of Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS) while training. It is the policy of the Los Altos Police Department to utilize Simunition equipment only for official law enforcement training purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by 2783
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 19 way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days 2784
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 20 prior to any public hearing concerning the military equipment at issue (Government Code § 7071).

The military equipment policy must be approved by the governing body before the Department engages in any of the following prior to engaging in any of the following (Government Code § 7071):
(a) Requests ing military equipment made available pursuant to 10 USC § 2576a. (b) Seekis ng funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquires ing military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborates ing with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Usies ng any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Solicits ing or responds ing to a proposal for, or enters ing into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiries ng military equipment through any means not provided above. [Ed. Note: You did not include the assessment criteria for the governing body (see my note under 709.1). An alternative is to add a new section here called Policy Review and Approval (you would change all the number ordering below) and include the criteria there.

I include these words here again for your consideration and, as stated before want to understand what legal barriers exist to including them.] [SECTION TBD] The governing body shall only approve the military equipment use policy if all of the following are true (§7071 Subdiv (d) para (1) subpara (A)-(D)):
(a) Each military equipment is necessary for lack of a reasonable alternative. (b) The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(c) The military equipment is reasonably cost effective. (d) All current or prior non-confirming uses have been remedied to assure future compliance with policy
(e) All required components of the military equipment use policy are included in the policy presented for approval, including at least the following for each item of equipment (GC §7070 Subdiv (d) para (1)-(7)): a. Description
b. Purpose(s) and authorized use(s)
c. Fiscal impact, initial costs and maintenance costs
d. Legal and procedural rules that govern authorized use(s) e. Training required
f. Mechanisms to ensure compliance, independent oversight, and legal consequences (sanctions) for violation of policy
2785
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 21 g. Methods by which public engagement is achieved (complaints, concerns, questions, suggestions)
709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other law enforcement agencies that are providing mutual aid to this jurisdiction or otherwise engaged in law enforcement operations within this jurisdiction shall comply with their respective military equipment policies in rendering mutual aid. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
2786
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 22 709.8 POLICY COMPLIANCE AND SUBMITTING COMPLAINTS
The Chief of Police or the authorized designee will ensure that all Los Altos Police Department employees comply with this policy. Suspected violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", shall be handled in accordance with Los Altos Police Department Policy 340 (Standards of Conduct). Additionally, violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", will be reported to the governing body via the annual Military Equipment Report.

Any member of the community can submit a complaint regarding the use of "military equipment" to any Los Altos Police Department employee or the Independent Intake Official. Complaints can be submitted in any form (e.g., in person, online, telephone, email, etc.). Once a complaint is received, it will be handled in accordance with Los Altos Police Department Policy 340 (Standards of Conduct) and LAPD Policy 1020 (Personnel Complaints). Formal complaints regarding alleged violations of this policy will be handled by an independent investigator. [Ed. Note: while I applaud the addition of an independent investigator, I remain incredulous that this is the first time this term has been shown in this policy, located at the end of two substantial paragraphs.. This statement insufficiently describes the scope and authority of this role, where they sit in the Department or outside it, to whom they are accountable, if they will render consequences, and how the public will be informed of their work. This, coupled with the fact the IIO has no role other than intake, I remain unsatisfied that independent oversight has been manifested in this policy.

Complaints may be made directly to the Los Altos Police Department in one of the following ways (for online options, please visit https://www.losaltosca.gov/police/page/how-are-we-doing-0):

In Person:

Los Altos Police Department
1 N. San Antonio Road, Los Altos, CA 94022
Online Submission:

Complaint PD WEBFORM
By Email:

Fill out the appropriate Civilian Complaint Submission form (online), save it to your computer and email as an attachment to [email protected] By Phone:
(650) 947-2770
Complaints may be made directly to the Independent Intake Official (IIO) Stephanie Atigh in one of the following ways:

Online Submission:

Complaint IIO WEBFORM (online)
By Email:

Fill out the appropriate Civilian Complaint Submission form (located online), save it to your 2787
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 23 computer and email as an attachment to [email protected] By Phone:
(831) 915-4643
2788
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 24 709.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Pursuant to California Government Code 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of listed equipment in this policy by any of the following means:
(a) Via email to: policefeedback @losaltosca.gov
(b) Via phone call to : 650 947 2672
(c) Via mail sent to:

Los Altos Police Department
Attention Operations Captain
1 North San Antonio Rd
Los Altos CA 94022
2789
Agenda Item # 11.

From: Jeanine Valadez
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM #11 9/20/2022
Date: Tuesday, September 20, 2022 2:50:15 PM
Attachments: 2022 09 07 Military Equipment Use Policy 709 Los Altos PD bluelines JAV EDITS V1.pdf Honorable City Council, City Manager, City Attorney, and Asst. City Clerk, I want to personally thank Captain Krauss for considering and including most of my previous suggested edits to this Military Equipment Use Policy (MEUP)
Whether these edits were incorporated directly, or were incorporated in spirit using other words or paragraph structure, the effect was the same: excellent!
I also loved some of the edits Capt. Krauss and/or staff took on themselves to ameliorate many ambiguities and inconsistencies with AB481; for example, the Definitions section is top-notch now.

Overall, the policy has been improved by a very large extent. THANK YOU.

However, and I do not intend to sound ungrateful, concerns remain such that I still cannot endorse the draft as written.

The green-lined PDF that I submitted separately captures almost all of my concerns. This letter completes the inventory and I hope that Capt. Krauss will continue to work with me to resolve these issues:
1) Reasons I was given for not including some of my suggestions were cited as relating to liability or legality. Given that virtually every change I suggested came from the MEUPs of other LE agencies in the state, I would have thought they would pass risk and legal muster. I would like an itemized rational as to what legal/liability barriers exist to inclusion.
2) While not staunching the functionality of the MEUP, it is very disappointing and notable that Staff has steered clear of any recognition of the underlying historical reckoning embodied in AB 481. It's as though this omission is by intention. Concerns that acknowledging history somehow reflects poorly on our current Department members are nonsense. It is exactly the lack of this acknowledgment that engenders mistrust.
3) In a similar vein, the current draft continues to sidestep the use of the term "independent oversight," despite the reality that this concept is literally all over the text of the law and is very clearly an underpinning of the goals the law sets out to achieve. While we appreciate that the IIO has been invoked, that role has no oversight authority, as currently defined. And a brief mention of an independent investigator leaves more questions than it answers. My colleagues at LARE will expand this topic further to express what is needed. 4) I remember being very concerned about how our 2 sniper-trained officers could ever be effective in their job because everything I read and heard from LE personnel told me nothing about how they would be trained to be part of a cohesive SWAT team. Everything I had read about operational efficacy in SWAT had to do with a cohesive, seamless, properly scaled operational team. Two officers were, in my 2790
Agenda Item # 11.
mind, stranded, and that introduced great risk. Yet, at the small scale of our city, having a full SWAT team would be senseless. It was only after meeting with Capt. Krauss and asking her to answer this question, that I learned how integrated our SWAT officers are with the Mountain View PD SWAT team. Quickly, my fears and concerns were ameliorated. It seemed so simple to add a mention of this integration in the Training paragraph for Sniper weapons and munitions. In fact, under the Breaching programs paragraph, such a mention exists in paragraph 709.4(f)(b), albeit in the Purpose statement. And yet, this edit suggestion was removed for sniper weapons. I would like an explanation as to why its inclusion would in any way injure the viability of this policy.
5) There are some missing Fiscal Impact paragraphs for some ME items.

They must be present for every item, even if no financial impact exists. However, I contend that, even if an item is not used, if it is in our armory, it MIGHT be used, and, therefore, there must be some fiscal impact in terms of testing and maintenance. If there is absolutely no possibility of use and the item will sit in idle storage, then, in my opinion, it becomes a possible risk due to lack of maintenance. It should be decommissioned and eliminated from the armory. 6) I failed to include in my submitted greenlines an edit concerning the 1033 program. I did not included it because I had not heard back from Capt. Krauss on my questions surrounding this program as it relates to our ME. Having just heard back from her, I can now itemize my request: In the spirit of transparency, many other agencies include the citation below in their MEUPs. Including this statement does two things: a) it stalls any claims that our city is getting equipment directly from the Military, and, b) it alerts the public to the fact that should our agency every wish to acquire ME from the Military, they will have to educate themselves on what that means and how it impacts public safety and welfare, including requiring that any such acquisitions be thoroughly documented for public review. The requested addition belongs in the Policy section:
"The Department has not obtained, nor does it utilize, any equipment procured from the United States Department of Defense through the Law Enforcement Support Program, authorized under the National Defense Authorization Act, also known as the 1208 (pre-1997) or 1033 (1997 and later) program."
I look forward to continuing discussion with staff and Council on this topic. The goal here is to get a rock-solid, best-of-class MEUP for our city.

Thanks,
Jeanine Valadez
Pardon typos. I am a PARC commissioner but am speaking as a member of the public.
2791
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 1 Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). Assembly Bill 481 (AB 481), signed into law on September 30, 2021, requires law enforcement agencies to create a policy establishing guidelines and requirements for the funding, acquisition, and use of "military equipment" (Government Code § 7070, 7071, and 7072), including requirements to host informational meetings with the public, generate annual "military equipment" use reports, and seek annual approval from their respective governing bodies.

The purpose of this policy is to make sure that safeguards exist, including transparency, governing body and independent oversight, and accountability measures, to ensure the funding, acquisition, and use of "military equipment" is consistent with the provisions set forth by the governing body and as outlined in AB 481. This policy will also provide the public with a transparent view of the "military equipment" utilized by the Los Altos Police Department, as well as the criteria by which the governing body will assess and approve the funding, acquisition, and use of "military equipment" in this Department.
[Ed. note: In this edition, you removed my suggestion to include, within the scope of this policy, the assessment criteria the governing body (City Council) will use to approve the policy. By including these criteria in this policy, you not only enable enrichment of section 709.5 ("Approval"), but you inform the public of said criteria so that they may form their own assessment of whether or not the policy protects the public welfare as they observe their City Council render approval. In this light, I request incorporation of the above words and seek an explanation as to why Staff opposes their inclusion.]
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):