How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
NOVEMBER 01, 2022
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
7:00 P.M.
Rob Rennie, Mayor
Maria Ristow, Vice Mayor
Mary Badame, Council Member
Matthew Hudes, Council Member
Marico Sayoc, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Mondays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
NOVEMBER 01, 2022
TOWN COUNCIL CHAMBERS 110 EAST MAIN STREET AND TELECONFERENCE 7:00 PM
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/87170879578?pwd=eTIzVFVqR2JkQUFjR3B4aXIyTXlaUT09 Passcode: 582544. You can also type in 871 7087 9578 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
o When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand.
Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100
o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of
the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record.
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
addressing the town Council without first being recognized; interrupting speakers, Town Council, or Town staff;
continuing to speak after the allotted time has expired; failing to relinquish the microphone when directed to do so; repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker.
Disruption of the meeting may result in a violation of Penal Code 403.
MEETING CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on
the item will be heard.)
1. Approve Draft Minutes of the October 18, 2022 Closed Session Town Council Meeting.
2. Approve Minutes of the October 18, 2022 Town Council Meeting.
3. Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and, Due to Health and Safety Concerns for the Public, Authorizing the Use of Hybrid Meetings for the Town Council and the Continued Use of Virtual Meetings for Boards and Commissions While Town Staff Makes the Necessary Arrangements to Transition to Hybrid Meetings for All Town Boards, Commissions, and Committees.
4. Authorize the Town Manager to Execute a Two-Year Agreement with Los GatosSaratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the Period October 1, 2022 through June 30, 2024,
and Approve a Revenue Budget Increase in the Amount of $46,738.75 to Match the Proposed Agreement Term and Agreement Amount.
5. Adopt a Resolution to Designate the Director of Parks and Public Works, Nicolle Burnham, to the Board of Directors of the Los Gatos-Monte Sereno Safe Routes to School Organization.
6. Authorize Revenue and Expenditure Budget Adjustments to the Roadside Fire Fuel Reduction Project (CIP No. 812-0130) in the Amount of $750,000 to Recognize Receipt and Expenditure of Federal Financial Assistance, and Acceptance of Match Requirements.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
7. Introduce an Ordinance, By Title Only, to Amend Town Code Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” to Add the Juneteenth Holiday.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
8. Discuss the Water Service Interruption Associated with the San Jose Water Company Villa Avenue Improvements.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
9. Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Property Zoned O. Located at 15860-15894 Winchester Boulevard and 17484 Shelburne Way. APN 529-11-013, -038, -039, and -040. Applicant/Property Owner:
Green Valley Corp. d.b.a. Swenson. Project Planner: Jennifer Armer.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
10. Receive the Design Update and Provide Feedback Regarding the Proposed Improvements to the Oak Meadow Park Bandstand (CIP Project No. 831-4007).
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
11. Introduce an Ordinance, by Title Only, Amending Chapter 29 (Zoning Regulations) of the Town Code to Regulate Urban Lot Splits and Two-Unit Housing Developments in Compliance with Senate Bill 9. Town Code Amendment Application A-22-002. Location:
Town-wide. Applicant: Town of Los Gatos.
12. Introduce an Ordinance, by Title Only, Effecting Amendments Repealing and Replacing Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the Town of Los Gatos Municipal Code with the New 2022 California Building and Fire Codes, as Amended, Including Reach Codes. Town Code Amendment Application A-22- 003. Project Location: Town Wide. Applicant: Town of Los Gatos.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
13. Provide Direction on the Approach to the Plant-Based Diet Education Implementation Program in the 2040 General Plan (Environment and Sustainability Element Program CC).
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers.
Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting – Closed Session October 18, 2022
The Town Council of the Town of Los Gatos conducted a special meeting in-person and utilizing teleconferencing means on Tuesday, October 18, 2022 to hold a Closed Session at 5:30 p.m.
MEETING CALLED TO ORDER AT 5:32 P.M.
ROLL CALL
Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc.
Absent: None.
VERBAL COMMUNICATIONS
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Public Employee Appointment, Employment, Evaluation of Performance, Discipline, and Dismissal [Government Code Section 54957(b)(1)]
Titles: Town Manager and Town Attorney
Conference with Labor Negotiator (Government Code Section 54957.6) Town Negotiator: Salina Flores, Human Resources Director Unrepresented Employees: Town Manager and Town Attorney
ADJOURNMENT
Closed Session adjourned at 6:48 p.m.
Attest: Submitted by:
____________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, Town Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022
ITEM NO: 2
DRAFT
Minutes of the Town Council
October 18, 2022
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, October 18, 2022 at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:01 P.M.
ROLL CALL
Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc.
Absent: None
PLEDGE OF ALLEGIANCE
Pravin Balasingham led the Pledge of Allegiance. The audience was invited to participate.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated Council met as duly noted on the October 13 and 18, 2022 Closed Session agendas and stated there is no reportable action.
COUNCIL / MANAGER MATTERS
Council Matters
- Council Member Sayoc stated she attended the West Valley Community College Roots Pantry Grand Opening and attended the Cities Association Board meeting on behalf of the Mayor.
- Council Member Badame stated she attended the Finance Commission meeting as an observer; chaired the Conceptual Development Advisory Committee meeting which was continued November 9 due to a lack of quorum; attended the West Valley Solid Waste Management Authority Board meeting and the West Valley Clean Water Authority Board meeting; met with Alan Feinberg the creator of “Discover LOST Gatos” the historical walking tours, and a KCAT Board Member to discuss various issues in Town. - Vice Mayor Ristow stated she attended the Los Gatos-Monte Sereno Police Foundation Recognition Luncheon, the Police Academy, the First Fridays Senior Service Committee event at the Palms for community members 55 and older, the Finance Committee meeting as an observer, the Complete Streets and Transportation Committee meeting as an observer, and met with residents on various topics.
- Council Member Hudes stated he attended the Los Gatos-Monte Sereno Police Foundation Recognition Luncheon, the Los Gatos-Monte Sereno Emergency Communication Leadership meetings “HAM Cram” class and Community Emergency Response Team exercises, the Senior Service Roadmap Sub-Committee meetings, and the Finance Commission meeting.
PAGE 2 OF 7
SUBJECT: Minutes of the Town Council Meeting of October 18, 2022 DATE: October 25, 2022
Council Matters – continued
- Mayor Rennie stated he attended the Bay Area Air Quality Management District Technology Implementation Steering Committee meeting, the Stationary Source Committee meeting, and the Board meeting; attended the Silicon Valley Clean Energy Authority (SVCEA) Finance Committee meeting, the SVCEA Risk Oversight Committee meeting, and Board meeting; attended the Valley Transportation Authority Board and Policy Advisory Committee meetings; and the Finance Commission meeting.
Manager Matters
- Announced that Board, Commission, and Committee recruitment is underway, applications are due on December 2, at 4:00 p.m. and more information can be found on the Clerk webpage.
- Announced a Housing Element Advisory Board Committee meeting will be held on Thursday, October 20th via teleconference.
- Announced free COVID-19 testing will take place on October 27, 2022 at the Adult Recreation Center and appointments will be available beginning Thursday, October 20. - Announced ballot boxes are now outside of Town Hall and the Library.
CONSENT ITEMS
1. Approve Draft Minutes of the October 4, 2022 Special Town Council Meeting.
2. Approve Draft Minutes of the October 4, 2022 Town Council Meeting.
3. Approve Draft Minutes of the October 13, 2022 Closed Session Town Council Meeting.
4. Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and, Due to Health and Safety Concerns for the Public, Authorizing the Use of Hybrid Meetings for the Town Council and the Continued Use of Virtual Meetings for Boards and Commissions While Town Staff Makes the Necessary Arrangements to Transition to Hybrid Meetings for All Town Boards, Commissions, and Committees. RESOLUTION 2022-065
5. Adopt an Extension to June 30, 2023 to the Town’s Economic Recovery Resolution to Allow for the Continued Support of the Town’s Economic Recovery Efforts, including the Completion of the Construction and Implementation of the Semi-Permanent Parklet Program. RESOLUTION 2022-066
6. Adopt a Resolution Approving and Authorizing the Town Manager to Execute the Project Specific Maintenance Agreement for Los Gatos Creek Trail with the California Department of Transportation. RESOLUTION 2022-067
7. Authorize the Town Manager to Enter into a Memorandum of Understanding with the Los Gatos Saratoga Union High School District and Los Gatos Union School District to Participate in a Community Norms Effort at a Cost Not to Exceed $16,800.
8. Receive Independent Accountants’ Report on Agreed-Upon Procedures on Measure G Revenues and Expenditures for the Period March 1, 2019 to June 30, 2021.
PAGE 3 OF 7
SUBJECT: Minutes of the Town Council Meeting of October 18, 2022 DATE: October 25, 2022
Consent Items – continued
9. Storm Drainage System Repair at 62 Ellenwood Avenue (CIP No. 816-0420):
a. Reject All Bids Received and Opened on October 10, 2022 for the Project; and b. Authorize the Town Manager to Re- Bid the Project with Changes that May Reduce Project Cost.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Vice Mayor Ristow to approve items 1-9. Seconded by Council Member Badame.
VOTE: Motion passes unanimously.
VERBAL COMMUNICATIONS
Christopher Bajorer
- Requested the Town adopt a rigorous process for validating the residency of an applicant who requests to build an Accessory Dwelling Unit or split a lot.
Tom Picraux, Senior Service Committee Chair
- Commented on the Senior Service Roadmap Sub-Committee progress.
John Shepardson
- Commented on the Albright settlement funds, and suggested the Town make better use of the Finance Commission, hire an outside consultant to review the budget, have the Santa Clara County Sheriff make a proposal to provide police services to the Town, and possibly submit a parcel tax ballot measure to help fund police services.
OTHER BUSINESS
10. Receive an Annual Report Regarding the Independent Police Auditor Function.
Gabrielle Whelan, Town Attorney, provided the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item and received the report.
PAGE 4 OF 7
SUBJECT: Minutes of the Town Council Meeting of October 18, 2022 DATE: October 25, 2022
11. Discuss the Housing Element Process and the Next Steps for the Referendum of the 2040 General Plan Land Use and Community Design Elements, and Provide Direction on the Preferred Approach for the Referendum.
Gabrielle Whelan, Town Attorney, and Joel Paulson, Community Development Director, provided the staff report.
Opened public comment.
Ronald Meyer
- Inquired where the 2040 General Plan can be accessed and commented in support of Option B in the staff report to place the measure on the ballot at the November 2024 General Municipal Election.
Richard Kananen
- Commented on the Housing Element, opposed rezoning to higher density, and supports restoring the land use goal to preserve, promote and protect the existing small town character and quality of life in Los Gatos.
Diane Pleasant
- Commented on the small town character of the Town and requested the Council consider adding the word “small” back into the verbiage of the 2040 General Plan.
Rob Stump
- Commented on the referendum and spoke in support of the option to rescind and replace the Land Use and Community Design Elements of the 2040 General Plan.
Rick Van Hoesen
- Commented on the referendum and stated support for Option C to rescind and replace the Elements as listed in the staff report.
Barbara Dodson
- Commented on the General Plan, did not support placing the referendum on a ballot, and supports the option to rescind and replace.
Markene Smith
- Commented on concerns with the housing numbers and affordable housing, requested the Council consider adding transit solutions and energy efficiency, requested the phrase “preserve, promote and protect the existing small town character and quality of life” be added back into the Plan, and supported the rescind and replace option.
PAGE 5 OF 7
SUBJECT: Minutes of the Town Council Meeting of October 18, 2022 DATE: October 25, 2022
Other Business item #11 – continued
Kathryn Morgan
- Commented on concerns with water, housing, traffic, and parking, and requested a guaranteed percentage of affordable housing.
Sutton Roley
- Commented on concerns with housing numbers being higher that the State mandated number and would like to revisit the General Plan every eight years in line with the Reginal Housing Needs Assessment (RHNA) cycle to make any necessary amendments.
Lee Quintana
- Commented on the difference between increasing density in a General Plan designation and upzoning in the Zoning Code. She also explained that the Zoning Code may limit what might be possible within a General Plan land use designation.
Lee Fagot
- Commented on concerns with too much housing, the impacts of traffic, parking, water use, and electricity, and would like Council to commit to preserve, promote and protect the existing small town character and quality of life in Los Gatos.
Catherine Somers, Chamber of Commerce Executive Director - Commented in support of the 2040 Community Design Element and requested Council consider implementing workforce housing and additional transportation solutions.
Ken Arendt
- Commented on concerns with the increased housing numbers, availability of affordable housing, stated he would not want to go through an expensive ballot measure and would like to preserve the small-town character.
Younggang “Jason” Xu
- Commented on the small town character.
Melanie Hanssen
- Commented in support of option C in the staff report and commented on the Design Element.
Bill Kraus
- Commented that the housing number buffer should be reduced from 15% to 3 to 5% and recommended adding the goal of preserving the small town character back into the 2040 General Plan.
PAGE 6 OF 7
SUBJECT: Minutes of the Town Council Meeting of October 18, 2022 DATE: October 25, 2022
Other Business item #11 – continued
Ian Land
- Commented on moderating growth, stated concerns with pressures on infrastructure, and spoke about rescinding and replacing the elements and voting on the proposed amended elements in 2024.
Kevin Ma
- Commented on the need for housing and discussed compliance issues with the Housing Element.
John Shepardson
- Commented on concerns with the possible number of units, the draw on the Town’s resources, and supports keeping the small town character language and include Justice, Equity, Diversity and Inclusion (JEDI) in the 2040 General Plan.
Randi Chen
- Commented that not all parcels are eligible for upzoning due to other constraints and Town Codes; stated that the 12,000 housing unit number is unrealistic; and said that requiring different types of housing can enhance the small town character.
Joanne Rodgers
- Commented in support of Option C and opposed adding 12,000 units.
Jake Wilde
- Commented the Town has a need for additional housing given the job housing ratio.
Closed public comment.
Recess 9:16 p.m.
Reconvene 9:27 p.m.
Council discussed the item.
MOTION: Motion by Council Member Hudes to reconsider the Land use and Community Design elements after adoption of the 2040 Housing Element, no later than the time frame for the 2024 election. Seconded by Council Member Badame.
VOTE: Motion passed unanimously.
PAGE 7 OF 7
SUBJECT: Minutes of the Town Council Meeting of October 18, 2022 DATE: October 25, 2022
ADJOURNMENT
The meeting adjourned at 10:05 p.m.
Respectfully submitted:
_____________________________________
Jenna De Long, Deputy Clerk
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022
ITEM NO: 3
DATE: October 21, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and, Due to Health and Safety Concerns for the Public, Authorizing the Use of Hybrid Meetings for the Town Council and the Continued Use of Virtual Meetings for Boards and Commissions While Town Staff Makes the Necessary Arrangements to Transition to Hybrid Meetings for All Town Boards, Commissions, and Committees
RECOMMENDATION:
Adopt a Resolution reaffirming Resolution 2021-044 and making findings pursuant to Government Code Section 54953, as amended by Assembly Bill 361, and, due to health and safety concerns for the public, authorizing the use of hybrid meetings for the Town Council and the continued use of virtual meetings for Boards and Commissions while Town staff makes the necessary arrangements to transition to hybrid meetings for all Town Boards, Commissions, and Committees.
BACKGROUND:
On March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed for relaxed provisions of the Ralph M. Brown Act (Brown Act) that allowed legislative bodies to conduct meetings through teleconferencing without having to meet the strict compliance of the Brown Act. All provisions of Executive Order N-29-20 concerning the conduct of public meetings expired on September 30, 2021.
AB 361 was signed into law by the Governor on September 16, 2021, and went into effect immediately upon signing. It amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology after the September 30, 2021, expiration of the current Brown Act exemptions as long as there is a "proclaimed state of emergency" by
PAGE 2 OF 3
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: October 21, 2022
BACKGROUND (continued):
the Governor. This allowance also depends on State or local officials imposing or recommending measures that promote social distancing or a legislative body finding that meeting in person would present an imminent safety risk to attendees.
DISCUSSION:
The County Public Health Officer continues to recommend that public meetings be conducted remotely. The Town Council will continue to provide a remote participation option in addition to in-person meetings. Staff will gradually transition all Town Board, Commission, and Committee meetings to a similar hybrid format.
AB 361 requires Public agencies to make findings by majority vote within 30 days of the first teleconferenced meeting under AB 361 and every 30 days thereafter that a state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that officials continue to impose or recommend measures to promote social distancing.
Town Council adopted Resolution 2021-044 on October 5, 2021 regarding Brown Act compliance and teleconferencing pursuant to Government Code Section 54953, as amended by AB 361, and adopted resolutions on the following dates reaffirming Resolution 2021-044:
November 2, 2021 adopted Resolution 2021-046
November 16, 2021 adopted Resolution 2021-048
December 7, 2021 adopted Resolution 2021-054
December 21, 2021 adopted Resolution 2021-059
January 18, 2022 adopted Resolution 2022-001
February 1, 2022 adopted Resolution 2022-003
February 15, 2022 adopted Resolution 2022-004
March 1, 2022 adopted Resolution 2022-006
March 15, 2022 adopted Resolution 2022-009
April 5, 2022 adopted Resolution 2022-013
April 19, 2022 adopted Resolution 2022-017
May 3, 2022 adopted Resolution 2022-021
May 17, 2022 adopted Resolution 2022-031
June 7, 2022 adopted Resolution 2022-032
June 21, 2022 adopted Resolution 2022-037
July 12, 2022 adopted Resolution 2022-048
August 2, 2022 adopted Resolution 2022-050
August 16, 2022 adopted Resolution 2022-055
September 6, 2022 adopted Resolution 2022-056
PAGE 3 OF 3
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: October 21, 2022
DISCUSSION (continued):
September 20, 2022 adopted Resolution 2022-059
October 4, 2022 adopted Resolution 2022-060
October 18, adopted Resolution 2022-065
CONCLUSION:
Adopt a Resolution reaffirming Resolution 2021-044 making findings pursuant to Government Code Section 54953, as amended by Assembly Bill 361, and authorizing the continued use of virtual meetings. The Town Council will conduct hybrid meetings and staff will work to prepare for a transition to hybrid meetings for all Town Boards, Commissions, and Committees.
COORDINATION:
This report was coordinated with the Town Attorney and Town Manager’s offices.
FISCAL IMPACT:
There will be no fiscal impact to the Town at this time.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Resolution
1 of 3
Resolution 2022 - Date
ATTACHMENT 1
DRAFT RESOLUTION 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REAFFIRMING RESOLUTION 2021-044 REGARDING BROWN ACT COMPLIANCE AND TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953, AS AMENDED BY ASSEMBLY BILL 361, DURING THE COVID-19 PANDEMIC WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 12, 2020, the Town Manager of Los Gatos acting in the capacity of Town of Director of Emergency Services, issued a Proclamation of Local Emergency; and WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) so that local legislative bodies can hold public meetings via teleconference (with audio or video communications, without a physical meeting location), as long as the meeting agenda identifies the teleconferencing procedures to be used; and
WHEREAS, on March 17, 2020, the Town Council of the Town of Los Gatos ratified the Proclamation of Local Emergency as set forth in Resolution 2020-008 and remains in full force and effect to date; and
WHEREAS, on June 4, 2021, the Governor clarified that the “reopening” of California on June 15, 2021, did not include any change to the proclaimed state of emergency or the powers exercised thereunder; and
WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which extended the provision of N-29-20 concerning the conduct of public meetings through September 30, 2021, and the Governor subsequently signed legislation revising Brown Act requirements for teleconferenced public meetings (Assembly Bill 361, referred to hereinafter as “AB 361”); and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361, which added subsection (e) to Government Code section 54953 of the Brown Act, and makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, the Town Council of the Town of Los Gatos approved Resolution No. 2021- 044 on October 5, 2021, declaring the need for the Town Council, Boards, Commissions, and Committees to continue to meet remotely in order to ensure the health and safety of the
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Resolution 2022 - Date
ATTACHMENT 1
public; and
WHEREAS, the Town of Los Gatos remains in a state of emergency due to the continuing spread of COVID-19; and
WHEREAS, the Centers for Disease Control and Prevention recommends physical distancing of at least six (6) feet whenever possible, avoiding crowds, and avoiding spaces that do not offer fresh air from the outdoors, particularly for people who are not fully vaccinated, or are at a higher risk of severe illness due to COVID-19; and WHEREAS, that the Santa Clara County Public Health Department continues to recommend that public bodies meet remotely to the extent possible; and WHEREAS, technology exists that allows full participation from members of the public without requiring in-person attendance at a Town Council, Board, Commission, or Committee meeting.
WHEREAS, the Town Council has considered all information related to this matter, including the associated staff report and other information relating to COVID-19 provided at prior public meetings of the Town Council; and
WHEREAS, the Town Council wishes to conduct hybrid meetings, at which members of the public have the option to participate remotely, and to transition to hybrid meetings for the Town’s Boards, Commissions, and Committees; and
WHEREAS, the Town Council wishes to adopt a Resolution finding that the requisite conditions continue to exist for the legislative bodies of the Town of Los Gatos, as defined in the Brown Act, to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE:
1. The Town Council hereby finds that the fact set forth in the above recitals and as contained in Resolution 2021-044 are true and correct, and establish the factual basis for the adoption of this Resolution;
2. There is an ongoing proclaimed state of emergency relating to the novel coronavirus causing the disease known as COVID-19 and as a result of that emergency, meeting inperson may present risksto the health orsafety of attendees of in-person meetings of this legislative body and all Town advisory bodies within the meaning of California Government Code section 54953(e)(1).
3. Under the present circumstances, including the risks mentioned in the preceding paragraph, attendeesmay wish to participate in Town meetings remotely.
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Resolution 2022 - Date
ATTACHMENT 1
4. As authorized by Assembly Bill 361, the Town Council wishes to conduct hybrid meetings and to transition to hybrid meetings for the Town’s Boards, Commissions, and Committees.
5. Staff are directed to take all actions necessary to implement this Resolution for all Town Council meetings and Town Board, Commission, and Committee meetings on a rolling basis, in accordance with the foregoing provisions and the requirements of Government Code section 54953, as amended by Assembly Bill 361, including but not limited to returning for ratification of this Resolution every 30 days after teleconferencing for the first time pursuant to Assembly Bill 361 for so long as either of the following circumstances exists: (a) the state of emergency continues to directly impact the ability of this legislative body to meet in person; and/or (b) state or local officials, including but not limited to the County Health Officer, continue to impose or recommend measures to promote social distancing.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1st day of November 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
PREPARED BY: Heather St. John
Senior Administrative Analyst
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022
ITEM NO: 4
DATE: October 20, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Two-Year Agreement with Los Gatos-Saratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the Period October 1, 2022 through June 30, 2024, and Approve a Revenue Budget Increase in the Amount of $46,738.75 to Match the Proposed Agreement Term and Agreement Amount
RECOMMENDATION:
Authorize the Town Manager to execute a two-year agreement with Los Gatos-Saratoga Union High School District and Los Gatos Union Elementary School District for school resource officer services for the period October 1, 2022 through June 30, 2024, and approve a revenue budget increase in the amount of $46,738.75 to match the proposed agreement term and agreement amount.
BACKGROUND:
Since 2008, the Town of Los Gatos, the Los Gatos-Saratoga Union High School District (LGSUHSD), and Los Gatos Union School District (LGUSD) have participated in an agreement for one School Resource Officer (SRO) that works in the local schools with the costs shared between the two school districts and the Town.
With school closures due to COVID-19 subsiding, in June 2021, LGSUHSD and Town staff collaborated in a work session of future SRO services with the consideration of incorporating a refined scope of work and a new service agreement with reduced SRO services and cost sharing to both School Districts.
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Two-Year Agreement with Los GatosSaratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the Period Starting October 1, 2022 through June 30, 2024
DATE: October 20, 2022
BACKGROUND (continued):
The one- year cost sharing agreement allocated 18% to Los Gatos-Saratoga Union High School, 7% to Los Gatos Union Elementary School District, and 75% to the Town of Los Gatos. This agreement expired June 30, 2022.
The one-year agreement allowed all involved parties an opportunity to evaluate the revised scope of work, adjusted cost sharing, and reduced SRO service levels. Prior to 2021, SRO agreements consisted of cost sharing for one SRO at 50% Town of Los Gatos, 36% LGSUHSD District, and 14% LGUSD.
DISCUSSION:
The Los Gatos-Monte Sereno Police Department and School Districts have maintained a strong community partnership through open communication with students, staff, and school administration. The Department continues to foster the tradition of the SRO program while being adaptable to change to ensure campus and student safety within the schools. The goals for the SRO program remain unchanged: to promote and focus on campus and student safety while building community relationships and maintaining a healthy learning environment.
In September of 2022, after further review and evaluation by all the involved parties, it was determined that a revision to the previous year agreement for SRO services was necessary to maintain efficiencies and priorities of the SRO Program. All parties agreed to return to the cost sharing agreement of 50% Town of Los Gatos, 36% LGSUHSD District, and 14% LGUSD.
On October 11, 2022, and on October 13, 2022, Los Gatos-Saratoga Union High School District Board of Trustees and Los Gatos Union School District Board of Trustees respectively unanimously approved the attached proposed two-year SRO cost sharing agreement.
CONCLUSION:
Staff recommends Town Council authorize the Town Manager to execute an agreement with Los Gatos-Saratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the period October 1, 2022, through June 30, 2024, and to approve a revenue budget increase in the amount of $46,738.75 to match the proposed agreement term and agreement amount.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Two-Year Agreement with Los GatosSaratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the Period Starting October 1, 2022 through June 30, 2024
DATE: October 20, 2022
FISCAL IMPACT:
The fiscal impact is summarized in the table below. Based on the SRO restructured cost sharing agreement, a budget adjustment of $46,738.75 in increased revenue is requested. The Fiscal Year 2022/23 revenue is offset by three months and prorated based on an agreement start date of October 1, 2022. The agreement is for one full-time equivalent Sworn Officer position including salary and benefits. Upon execution of this agreement and reimbursement from the Los Gatos-Saratoga Union High School District and the Los Gatos-Saratoga Union School District, the Town will be responsible for 50% of the one full-time equivalent SRO position.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. SRO Services Agreement for October 1, 2022 Through June 30, 2024
2. SRO Scope of Work – “Exhibit A” to SRO Services Agreement
School Resource Officer Services ATTACHMENT 1
AGREEMENT BETWEEN THE LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT, LOS GATOS
UNION ELEMENTARY SCHOOL DISTRICT, AND
THE TOWN OF LOS GATOS FOR SCHOOL RESOURCE OFFICER SERVICES This contract is dated for identification this 1
st day of October 2022 and is made by and between the
LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT, (hereinafter "HIGH SCHOOL DISTRICT"), the LOS GATOS UNION SCHOOL DISTRICT (hereinafter "LOS GATOS UNION") and the TOWN OF LOS GATOS (hereinafter "TOWN"), a California General Law City. HIGH SCHOOL DISTRICT, LOS GATOS UNION, and TOWN may be referred to as "Party" or "Parties'' in this Agreement. This agreement shall take effect on October 1, 2022 and remain in effect until June 30, 2024.
I. RECITALS
1.1 HIGH SCHOOL DISTRICT, LOS GATOS UNION, and TOWN desire to continue the formalized relationship and joint cooperative effort for a shared funding strategy between the participating entities for school resource officer services. The School Resource Officer Program (SRO) aims to foster an efficient and cohesive program building positive relationships between law enforcement and the youth of our community.
NOW, THEREFORE in consideration of the recitals and mutual promises contained herein, the Parties agree as follows:
II. AGREEMENTS
2.1 The Los Gatos-Monte Sereno Police Department shall assign one (1) sworn law enforcement officer to serve as SRO based on the “SRO Scope of Work” (contained in “Exhibit A”) and specified hours of service agreed upon within this agreement. The Los Gatos-Monte Sereno Police Department shall retain the exclusive right to exercise the customary functions of management. The Los Gatos-Monte Sereno Police Department reserves the right to remove the SRO at any time if Police Department staffing levels fall below acceptable norms.
2.2 The day-to-day operation and administrative control of the SRO Program will be the responsibility of the Police Department. Responsibility for the conduct of the SRO, both personally, and professionally, shall remain solely with the Los Gatos-Monte Sereno Police Department. The SRO is employed and retained by the Los Gatos-Monte Sereno Police Department, and in no event will be considered an employee of the respective entities.
2.3 The Police Department and the School District shall each name a contact person who will monitor the program. Each principal will designate a contact person for the school to facilitate communication.
2.4 Under this framework, the SRO is first and foremost a law enforcement officer for the providing law enforcement agency. The SRO shall be responsible for carrying out all duties and responsibilities of a law enforcement officer and shall always remain under the control, through the chain of command, of the law enforcement agency. All acts of commission or omission shall conform to the guidelines of the providing law enforcement agency directives.
School Resource Officer Services ATTACHMENT 1
School officials should ensure that non-criminal student disciplinary matters remain the responsibility of school staff and not the SRO. Enforcement of the code of student conduct is the responsibility of teachers and administrators. The SRO shall refrain from being involved in the enforcement of disciplinary rules that do not constitute violations of law, except to support staff in maintaining a safe school environment.
2.5 The “SRO Scope of Work” is attached in “Exhibit A” of this agreement which covers specified SRO services provided, SRO hours of service, and SRO other duties and responsibilities while not serving under this agreement.
2.6 All Parties agree to provide funding for the school resource officer on an annual basis, to cover expenses including salary and benefits. Fiscal year 2022/2023 is prorated three months based on LOS GATOS UNION and HIGH SCHOOL DISTRICT payments beginning October 1, 2022.
All Parties shall contribute toward the total overall cost of the School Resource Officer as follows:
FY 22/23 & 23/24 SRO COST SHARING AGREEMENT
FY 22/23 FY 23/24
HIGH SCHOOL DISTRICT 36% $89,504.46 (9 months) $119,339.28 LOS GATOS UNION 14% $34,807.29 (9 months) $46,409.72
TOWN 50% $207,186.25 (12 months) $165,749.00
Total $331,498.00 331,498.00
2.7 The TOWN will present an annual report to the Boards of Trustees of LOS GATOS UNION and the HIGH SCHOOL DISTRICT by the end of the school year, or as soon as possible following the school year. This report will inform the Boards about services provided to the LOS GATOS UNION and HIGH SCHOOL DISTRICT throughout the year, both on site at the elementary, middle school, High School and in the neighboring community. This report will be presented by the Chief of Police or Designee and the School Resource Officer.
III. INSURANCE AND INDEMNIFICATION
3.1 Mutual indemnification. Each Party agrees to indemnify, hold harmless, and defend the other Parties, their elected and appointed officials, employees, and agents, from any and all liabilities, claims, or losses of any nature, including attorney fees, to the extent caused by, arising out of, or in connection with, the indemnifying Party’s acts or omissions pursuant to this Agreement..
3.2 Each party to the agreement will hold all other parties harmless.
School Resource Officer Services ATTACHMENT 1
IV. TERM AND TERMINATION OF AGREEMENT
4.1 This Agreement shall take effect October 1, 2022 and remain in effect through June 30, 2024, unless terminated as set forth in this Agreement.
4.2 All parties have the right to terminate this agreement, with or without cause.
The terminating party must give all other parties 60 days prior written notice thereof.
4.3 Notice of termination, in writing, may be issued by the Police Chief or Superintendents of the respective entities. If one or more schools terminate, each terminating school shall remain liable for any unpaid monthly obligation incurred prior to or after the termination through the end of that fiscal year for services rendered by the Town, pursuant to this Agreement.
4.4 This Agreement represents the entire agreement between High School District, Los Gatos Union, and Town. All prior or contemporaneous oral or written agreements by and between the parties and their agents and representatives with respect to the matters in this Agreement are revoked and extinguished by this Agreement.
4.5 No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.6 In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.7 Any notices required pursuant to this Agreement shall be deemed to be properly given and mailed postage prepaid and addressed to:
TOWN OF LOS GATOS
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
With a copy to:
Jamie Field, Police Chief
110 E. Main Street
Los Gatos, CA 95030
LOS GATOS-SARATOGA UNION SCHOOL DISTRICT
17421 Farley Road West
Los Gatos, CA 95032
LOS GATOS UNION SCHOOL DISTRICT
17010 Roberts Road
Los Gatos, CA 95032
School Resource Officer Services ATTACHMENT 1
IN WITNESS WHEREOF, this Agreement is executed by LOS GATOS-SARATOGA HIGH SCHOOL DISTRICT, LOS GATOS UNION, and LOS GATOS.
APPROVED AS TO CONTENT:
___________________________________
Paul Johnson
Los Gatos Union School District
Superintendent
____________________________________
Bill Sanderson
Los Gatos-Saratoga Union High School District
Superintendent
FOR THE TOWN OF LOS GATOS:
Laurel Prevetti, Town Manger
Recommended by:
____________________________________
Jamie Field, Chief of Police
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, CMC, Town Clerk
ATTACHMENT 2
“EXHIBIT A”
SCOPE OF WORK SCHOOL RESOURCE OFFICER (SRO)
MISSION:
The Los Gatos-Monte Sereno Police Department as part of the Town of Los Gatos (TOWN), HIGH SCHOOL DISTRICT, and LOS GATOS UNION, seeks to ensure an efficient and cohesive SRO program, building positive relationships between law enforcement, students, and school employees. The goal of the program is to create and maintain a safe school environment, while reducing crime and providing a law enforcement resource to school administrators, faculty, and students.
SRO ROLE AND RESPONSIBILITIES:
The SRO acts in accordance with the recommended National Association of School Resource Officers (NASRO) three roles of law enforcement officer, teacher, and informal counselor/mentor; however, they do not enforce academic school rules or policies or become involved with matters that are strictly related to school discipline issues. Los Gatos-Monte Sereno Police Department as part of the TOWN, HIGH SCHOOL DISTRICT, and LOS GATOS UNION have identified specific responsibilities of the SRO while serving at the schools to include:
Build collaborative working relationships with students, campus administrative staff and school faculty through positive interaction.
Provide formalized education to students and faculty on approved topics related to campus safety and preventative education related to illegal/criminal activity. Assist school administrators with the development and deployment of campus safety and emergency response plans.
Act as a law enforcement liaison and member of the HIGH SCHOOL DISTRICT Behavioral Intervention Team (BIT) program.
When requested, attend special activities, assemblies, or programs during school hours. Maintain law enforcement safety presence in and around school campuses related to crime deterrence and prevention, Safe Routes to School traffic safety, and promoting positive student, staff, and community interaction.
SERVICE HOURS:
SRO schedule will be defined in accordance with TOWN personnel rules and Police Officer’s Association Memorandum of Understanding.
SRO will work four days/week, 10 hour/days from 0700-1700 hours. SRO work week will be Tuesday to Friday, unless otherwise directed.
ATTACHMENT 2
SRO will be assigned to dedicated SRO duties and presence at the schools. The remainder of the SRO shift hours will be allocated to the Investigations Division, where the SRO will be assigned to the investigation of Juvenile Crimes or as directed by his/her immediate supervisor.
Any additional work outside the allotted hours per week or special event presence needed by the SRO, will require HIGH SCHOOL DISTRICT and LOS GATOS UNION to reimburse TOWN at the special events officer rate per hour. Calls for service at the campuses of HIGH SCHOOL DISTRICT or LOS GATOS UNION requiring a police response when the SRO is not on campus or on duty, shall be referred to Police Dispatch for a patrol officer response.
SUPERVISION, EVALUATION, SELECTION:
The SRO position will be supervised by the Investigations Sergeant and will be assigned to the Investigations Division when not assigned to the schools as the SRO. The SRO performance evaluations will be completed by the TOWN, SRO’s immediate supervisor, with input and feedback from HIGH SCHOOL DISTRICT and LOS GATOS UNION school representatives/liaisons.
The SRO position will be filled according to the Police Department selection process. The TOWN will make the final selection of any SRO, in consultation with the HIGH SCHOOL and LOS GATOS UNION.
TRAINING:
The SRO position is considered a specialized assignment within the Police Department, requiring specialized training.
The SRO is employed by the TOWN and is entitled to approved leaves of absence, required training, and other time off in accordance with TOWN personnel rules and POA MOU. Should there be an extended break in service by the SRO for any unforeseen circumstance, TOWN will identify a temporary or permanent replacement to fulfill SRO duties.
INFORMATION SHARING:
It is the understanding of the HIGH SCHOOL DISTRICT, LOS GATOS UNION, and TOWN that confidentiality and a student’s right to privacy are of the utmost importance in the administration of these services. Therefore, student records shall be kept confidential in accordance with all applicable laws and professional standards.
PREPARED BY: Nicolle Burnham
Director of Parks and Public Works
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
ITEM NO: 5
DATE: October 17, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Designate the Director of Parks and Public Works, Nicolle Burnham, to the Board of Directors of the Los Gatos-Monte Sereno Safe Routes to School Organization
RECOMMENDATION:
Adopt a Resolution to designate the Director of Parks and Public Works, Nicolle Burnham, to the Board of Directors of the Los Gatos-Monte Sereno Safe Routes to School organization.
BACKGROUND:
In 2016 the Los Gatos-Monte Sereno Safe Routes to School (SR2S) organization was established as a registered 501 (c)(3) nonprofit organization. The purpose of the organization is to provide advocacy and education around bicycle and pedestrian safety particularly as it relates to areas near schools.
As a registered nonprofit, SR2S has a Board of Directors that includes representatives from the member organizations and the community. The Board provides the leadership behind the SR2S program and consists of a representative from the Town of Los Gatos, City of Monte Sereno, Hillbrook School, Los Gatos Union School District, Los Gatos High School and two community members.
DISCUSSION:
The Parks and Public Works Director has historically filled the Town of Los Gatos’ position on the SR2S Board. For this reason, staff recommends that the new Director, Nicolle Burnham, be appointed to this position.
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SUBJECT: Adopt a Resolution to Designate the Director of Parks and Public Works, Nicolle Burnham, to the Board of Directors of the Los Gatos-Monte Sereno Safe Routes to School Organization
DATE: October 17, 2022
COORDINATION:
This report has been coordinated with the Town Attorney.
FISCAL IMPACT:
There is no fiscal impact from this action.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Resolution
1 of 1
Resolution 2022- November 1, 2022
DRAFT RESOLUTION 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPOINTING
NICOLLE BURNHAM TO THE LOS GATOS- MONTE SERENO SAFE ROUTES TO SCHOOL
BOARD OF DIRECTORS
WHEREAS, the Los Gatos-Monte Sereno Safe Routes to School Program is overseen by a seven-member Board of Directors;
WHEREAS, one of the Board of Directors seats is allocated to the Town of Los Gatos; WHEREAS, Los Gatos has historically appointed its Director of Parks and Public Works to the Board of Directors; and
WHEREAS, Nicolle Burnham is the current Director of Parks and Public Works.
NOW, THEREFORE, BE IT RESOLVED, that Nicolle Burnham be named as the Los Gatos representative to the Los Gatos-Monte Sereno Safe Routes to School Board.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1
st day of November 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________ ATTACHMENT 1
PREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: Town Manager, Town Attorney, Director of Parks and Public Works, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022
ITEM NO: 6
DATE: October 24, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize Revenue and Expenditure Budget Adjustments to the Roadside Fire Fuel Reduction Project (CIP No. 812-0130) in the Amount of $750,000 to Recognize Receipt and Expenditure of Federal Financial Assistance, and Acceptance of Match Requirements
RECOMMENDATION:
Authorize revenue and expenditure budget adjustments to the Roadside Fire Fuel Reduction Project (CIP No. 812-0130) in the amount of $750,000 to recognize receipt and expenditure of Federal financial assistance, and acceptance of match requirements.
BACKGROUND:
On September 20, 2022, the Town Council received an update on the roadside fuel reduction federal grant of $750,000 and recognized a future match commitment of $750,000 (Attachment 1). The staff report informed Council that once the Town receives confirmation that the grant is being released, the Council will be asked to accept the grant to ensure the continuation of the roadside vegetation management plan and make the appropriate budgetary adjustments of $750,000 for Fiscal Year 2022/23.
DISCUSSION:
On September 26, 2022, staff received final confirmation from the US Forest Service of the executed award (Attachment 2). Included in the award packet was notification that both advance and reimbursable payments are approved under the award. With receipt of the award staff can now start programing roadside fuel reduction along the remaining 7.71 miles of Priority 1 and Priority 2 roadside vegetation outlined in Attachment 1.
PAGE 2 OF 2
SUBJECT: Roadside Fuel Project Budget Adjustments
DATE: October 24, 2022
DISCUSSION (continued):
As discussed in September, acceptance of the grant commits the Town to a one-to-one match.
Staff will bring budget recommendations in the proposed Capital Improvement Program Budgets for FY 2023/24 and FY 2024/25 as part of the balanced budget process.
CONCLUSION:
Acceptance of the grant ensures the continuation of the roadside vegetation management plan and reduces the total project cost to the Town by $750,000.
COORDINATION:
This staff report was coordinated with the Town Manager, Town Attorney, Director of Parks and Public Works, and Interim Finance Director.
FISCAL IMPACT:
* Acceptance of the grant commits the Town to a one-to-one match. Staff will bring budget recommendations in the proposed Capital Improvement Program Budgets for FY 2023/24 and FY 2024/25 as part of the balanced budget process.
ENVIRONMENTAL ASSESSMENT:
This roadway vegetation management project is categorically exempt from CEQA Guidelines section 15301, because it involves minor alterations to existing right of way, and section 15304, because it involves minor alterations to land.
Attachments:
1. September 20, 2022 Staff Report
2. US Forest Service Grant Award
Budget
GFAR $ 75,191
Budget Requested with the Staff Report $ 750,000
Total Budget* $ 825,191
Available Balance $ 825,191
Roadside Fire Fuel Reduction Project
CIP No. 812-0130
PREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: Town Manager, Town Attorney, Parks and Public Works Director, and Interim Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/20/2022
ITEM NO: 11
DATE: September 6, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive an Update on a Roadside Fuel Reduction Federal Grant of $750,000 and Recognize a Future Match Commitment of $750,000
RECOMMENDATION:
Receive an update on a roadside fuel reduction federal grant of $750,000 and recognize a future match commitment of $750,000.
BACKGROUND:
In 2019, the Town commissioned SWCA consultants to develop a roadway vegetation management plan (Plan) for the Wildland Urban Interface (WUI) in Los Gatos. The report examined 31.09 miles of Town-owned WUI roadways that provide critical ingress/egress routes for residents and emergency responders in the event of wildfire.
These Town-owned roadways identified in the Plan include evacuation routes and other collector, neighborhood, and hillside collector roads that currently provide narrow access for emergency response during a wildfire. Of note, the report identified approximately 19 miles of Priority 1 and 2 roadways of very high concern for safe evacuation of the hillsides. The remaining 12 miles of roadways were identified as Priority 3 and prioritized last for clearing roadside vegetation.
Under the Plan, roadside vegetation management seeks to achieve a clearance of 20 feet horizontally and 13 feet, 6 inches vertically above roadways, as well as clearance of non-fireresistant vegetation within 10 feet of the roads.
PAGE 2 OF 3
SUBJECT: Roadside Fuel Reduction Federal Grant
DATE: September 6, 2022
BACKGROUND (continued):
To date, the Town has completed two years of progress on the Plan. In Fiscal Year (FY) 2020/21, the Town Council allocated $500,000 toward the project which achieved approximately 6.5 miles of fuel mitigation along Priority 1 and 2 roadways. In FY 2021/22, the Town Council allocated an additional $500,000 toward the project which achieved an additional
4.5 miles of fuel mitigation along Priority 1 and 2 roadways.
DISCUSSION:
In March 2021, staff submitted a $1.0 million Federal Budget Earmark Grant request to implement the Roadside Vegetation Management Plan at the behest of Congresswoman Eshoo.
In March 2022, the House passed a bipartisan Omnibus bill which included $750,000 for the
PAGE 3 OF 3
SUBJECT: Roadside Fuel Reduction Federal Grant
DATE: September 6, 2022
DISCUSSION (continued):
Town’s grant request as one of 10 community projects funded in the Congressional District. Knowing that the grant had been accepted, Town Council did not allocate any Town funding toward the Plan for FY 2022/23. This third phase for FY 2022/23 funded by the federal grant would conclude the remaining 7.71 miles of Priority 1 and Priority 2 roadside vegetation management. Later phases would address the next level of priority.
When staff submitted the grant request, it was understood that the prior years’ investments would constitute the required one-to-one match for the grant. Subsequently, staff learned that the match must come from funds allocated during the grant performance period which started March 15, 2022. This means that the Town has two years to provide the match funding toward the federal grant of $750,000 which could be allocated $375,000 in FY 2023/24 and $375,000 in FY 2024/25 to complete Priority 3 roadways.
CONCLUSION AND NEXT STEPS:
Staff is nearing completion of the required federal documentation. When staff receives confirmation that the Town’s grant is being released, the Council will be asked to accept the grant to ensure the continuation of the roadside vegetation management plan and reduce the total project cost to the Town by $750,000.
COORDINATION:
This staff report was coordinated with the Town Manager, Town Attorney, Director of Parks and Public Works, and Interim Finance Director.
FISCAL IMPACT:
Future acceptance of the grant necessitates future budget allocations totaling $750,000. Staff will bring budget recommendations in the proposed Capital Improvement Program Budgets for FY 2023/24 and FY 2024/25 as part of the balanced budget process.
ENVIRONMENTAL ASSESSMENT:
This roadway vegetation management project is categorically exempt from CEQA Guidelines section 15301, because it involves minor alterations to existing right of way, and section 15304, because it involves minor alterations to land.
ATTACHMENT 2 Page 37
PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022
ITEM NO: 7
DATE: October 19, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance, By Title Only, to Amend Town Code Section
1.10.075, “Official Town Holidays – Designated; Exceptions,” to Add the Juneteenth Holiday
RECOMMENDATION:
Introduce an ordinance, by title only, to amend Town Code section 1.10.075, “Official Town Holidays – Designated; Exceptions,” to add the Juneteenth Holiday.
BACKGROUND:
On June 16, 2021, President Joe Biden signed a bill passed by the Senate and House to officially recognize Juneteenth as a federal holiday.
This additional holiday was agreed to in the Town’s 2022 labor negotiations with its bargaining units and the July 1, 2022 – June 30, 2024 Memoranda of Understanding (MOUs) contain this holiday.
President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, declaring the slaves in Confederate territory free, paving the way for the passing of the 13th Amendment which formally ended slavery in the United States. The communication of the signing of the Emancipation Proclamation was delayed by two and a half years, to June 19, 1865, in reaching authorities and Black/African American people in the South and Southwestern United States.
June 19th is called "Juneteenth" combining the words June and nineteenth and has been celebrated by the Black/African American community for over 150 years.
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SUBJECT: Adding Juneteenth Holiday
DATE: October 19, 2022
CONCLUSION:
In recognition of Juneteenth, staff is recommending that the Town Council introduce a proposed amendment to Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” of the Town Code to add Juneteenth to the list of the Town’s observed holidays. If introduced by the Town Council, this proposed ordinance will return to the Town Council for adoption at a subsequent meeting and will take effect 30 days after adoption.
COORDINATION:
The Town Attorney’s Office and Town Manager’s Office coordinated this report.
FISCAL IMPACT:
This agenda item will add one new paid holiday to the Town’s official holiday calendar.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Ordinance
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Ordinance November 1, 2022
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 1.10.075, “OFFICIAL TOWN HOLIDAYS – DESIGNATED; EXCEPTIONS” TO ADD JUNETEENTH AS A TOWN HOLIDAY
WHEREAS, Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” lists the Town holidays;
WHEREAS, Juneteenth has been included as a holiday in the Town’s recently-amended memorandums of understanding with the Town’s labor organizations; and WHEREAS, the Town Council deems it necessary to amend Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” of the Town Code to add Juneteenth, to the list of recognized Town holidays in the Town Code;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS as follows:
SECTION I. Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” of the Town Code is hereby amended to add the following underlined language and re-number the holidays:
Sec. 1.10.075. Official Town holidays—Designated; exceptions. (a) The following days shall be holidays for the Town:
(1) January first.
(2) The third Monday in January.
(3) The third Monday in February.
(4) The last Monday in May.
(5) Juneteenth
(6)(5) July fourth.
(7)(6) The first Monday in September.
(8)(7) Thanksgiving Day.
(9)(8) The Friday following Thanksgiving Day.
(10)(9) December twenty-fifth.
(11)(10) Every day appointed by the President or Governor for a public fast, thanksgiving or holiday, which is also designated as a Town holiday by the Mayor through written directive. ATTACHMENT 1
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Ordinance November 1, 2022
(b) If any of the holidays designated above fall upon a Saturday, the preceding Friday, instead of Saturday, shall be the holiday. If any of the holidays designated above fall upon a Sunday, the succeeding Monday, instead of Sunday, shall be the holiday. (c) If provisions of this section are in conflict with provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, then the provisions shall not become effective unless approved by the Town Council in the annual budget.
(Code 1968, § 1-13)
SECTION 2. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The Town Council of the Town of Los Gatos declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable
SECTION 3. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061{b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION 4. PUBLICATION. The Town Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the Town of Los Gatos and to cause publication once in the Los Gatos Weekly, the official publication of legal notices of the Town of Los Gatos, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).
SECTION 5. EFFECTIVE DATE. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of _____ 20 . This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
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Ordinance November 1, 2022
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022
ITEM NO: 8
DATE: October 24, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss the Water Service Interruption Associated with the San Jose Water Company Villa Avenue Improvements
RECOMMENDATION:
Discuss the water service interruption associated with the San Jose Water Company Villa Avenue improvements.
BACKGROUND:
In June 2022, the Department of Parks and Public Works (PPW) issued an Encroachment Permit to the San Jose Water Company (SJW) and its contractor(s) to replace aging water main lines on Villa Avenue, Jackson Street, Highland Avenue, Los Gatos Blvd., and Alpine Avenue.
Construction started in late June and is expected to be completed in Spring 2023. SJW and its contractors agreed to a traffic management plan and public outreach to affected residences and businesses that was also approved by PPW.
SJW is the water utility for all of Los Gatos. It is an independent company, overseen by the California Public Utilities Commission.
The Town has a long, collaborative relationship with SJW. This agenda item is intended to give all parties affected by a recent water service outage an opportunity to debrief and identify lessons learned. John Tang, SJW Vice President of Regulatory Affairs and Government Relations, will attend the Council meeting to provide additional information, answer questions, and listen to the discussion.
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SUBJECT: Water Service Interruption
DATE: October 24, 2022
DISCUSSION:
On the afternoon of October 20, the contractors ruptured an unmarked water service connected to a water main in Villa Avenue, shutting down water service to the Town Library and residents in the vicinity. At the time, the contractors informed the Town that the repair was expected to be complete in two to four hours. Library patrons and staff were advised to use the restrooms at Town Hall for the remainder of the day. Town staff was unaware that residents were affected.
Early Friday morning, Town staff learned that the repair work was not complete and that the water service outage extended beyond the Library to 300 households, all of whom had been without water overnight. Residents began calling the Town and seeking outage information.
Town staff reached SJW engineers mid-morning and learned that when the incident first occurred SJW assumed it would be a relatively quick and simple repair. This is why they did not move to emergency measures earlier. The repair proved more challenging due to the age of the water main and its condition requiring SJW crews to work through the night.
Town staff requested that SJW contact all affected customers, make potable water available, and offered the use of Town property as a potential distribution point.
Around 10:15 a.m., a pallet of bottled water was available on Villa Avenue and SJW was distributing to residents that expressed need. Town Hall and PPW Offices were continuing to get calls and residents were informed about the available water. For those residents who requested a delivery, a specific SJW phone number was provided in addition to the SJW customer service line. SJW was also updating its website to notify customers that bottled water was available and to provide an estimated time for service restoration.
As Town staff answered questions by phone, residents posted that information on Nextdoor.
Residents were also informing the Town that the outage was larger than 300 households and on streets not identified by SJW in their updates. By mid-day, two pallets of bottled water were delivered and stored in parking places near Villa in the main Town Hall/Library parking lot. SJW informed the Town that they had gone door to door to notify residents of the situation. SJW began staffing the area 24 hours a day.
By 6:00 p.m. on Friday afternoon, water service was restored with a boil water notice, advising to boil the water before drinking it or using it for food preparation. The water was safe to use for washing, cleaning, and showering. SJW staff continued to distribute water and answer resident questions all weekend at the Town Hall/Library parking lot.
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SUBJECT: Water Service Interruption
DATE: October 24, 2022
DISCUSSION (continued):
Despite these efforts, residents were continuing to reach out to the Town. When Town staff saw the map posted on the SJW website of the geographic extent of the boil water notice (see map on the next page), SJW informed the Town that 600 customers were affected. Town staff recognized that it needed to supplement SJW communications with its own updates to the Town website and prepare social media messages, including the Friday What’s New email blast.
Town staff retweeted and posted the SJW boil water notice tweets/posts throughout the weekend on Town social media channels. Subsequently, we learned that we should have provided the geographical area so as not to unduly alarm the entire Los Gatos jurisdiction.
SJW Water Quality staff collected water quality samples from 10 locations each on Friday night and again on Saturday night to ensure water in the affected services area meets state and federal drinking water requirements. Sample results were submitted to the State Water Resources Control Board’s Division of Drinking Water, which evaluated the water quality samples before lifting the boil water notice. The boil water notice was lifted on Monday, October 24 around 4:30 p.m.
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SUBJECT: Water Service Interruption
DATE: October 24, 2022
CONCLUSION:
Emergency communications is a critical function for government and all utilities providing critical infrastructure to the public. Town staff is updating its communication protocols in light of this recent experience.
We look forward to hearing from Town residents, SJW, and the Town Council regarding lessons learned from this experience. This discussion will help the Town further refine its communications protocols to better inform residents of incidents in Los Gatos and provide useful information as an incident is unfolding.
COORDINATION:
This agenda item was coordinated with the Department of Parks and Public Works, the Town Manager’s Office, and the San Jose Water Company.
FISCAL IMPACT:
The discussion of the water service interruption and lessons learned has no fiscal impact.
ENVIRONMENTAL ASSESSMENT:
The discussion is not a project defined under the California Environmental Quality Act, and no further action is required.
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022
ITEM NO: 9
DATE: October 27, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Property Zoned O. Located at 15860- 15894 Winchester Boulevard and 17484 Shelburne Way. APN 529-11-013, -038, -039, and -040. Applicant/Property Owner: Green Valley Corp. d.b.a.
Swenson. Project Planner: Jennifer Armer.
RECOMMENDATION:
Consider a request for an exception to the Story Pole Policy to allow an alternative to standard story pole installation to illustrate and provide notice of the proposed project on property zoned O located at 15860-15894 Winchester Boulevard and 17484 Shelburne Way.
BACKGROUND:
Historically, story poles have been used for two purposes. The primary purpose is to help illustrate proposed building locations and heights for pending development applications.
Additionally, the story poles help alert the community of development applications that are scheduled for consideration at a public hearing.
The existing Story Pole Policy was approved by the Town Council on August 5, 2013 (Attachment 1). The existing Policy specifies the conditions and process for a possible story pole exception. Specifically, the Policy identifies that the applicant must clearly demonstrate to the Town that the installation of story poles would: (a) cause a threat to public health and safety; or (b) impair the use of existing structures or the site to the extent it would not be able to be occupied and the business or residential use would be infeasible.
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SUBJECT: 15860 Winchester/Story Pole Exception Request
DATE: October 27, 2022
BACKGROUND (continued):
The Policy requires story pole locations adequately demonstrate the height, mass, and bulk of the project requiring review. At a minimum, story poles shall be placed at all outside building corners of the building wall (excluding eaves) and along the rooflines of the proposed structure.
The Policy requires that at least two (2) foot wide orange woven plastic snow fencing (netting) be erected to represent the rooflines of the proposed structure. Netting must be supported by height poles that are strong enough to accurately maintain the outlines and height of the structure(s).
The Policy requires the Town Manager to determine if at least one of two criteria is met before the Council can consider requests for exceptions to the story pole installation requirements.
The Council is the deciding body for story pole exceptions.
DISCUSSION:
The subject site is the combination of four parcels forming an approximately 1.31-acre site at the intersection of Winchester Boulevard and Shelburne Way. The site is currently developed with three single-family residences; a single-family residential structure which is currently occupied by a commercial construction business; and multiple detached accessory structures for a total of nine structures on the site. The existing zoning is Office (O), and the General Plan land use designation is Office Professional.
An application has been filed by Jessie Bristow of Swenson Builders requesting approval for demolition of four residential buildings and associated detached structures, construction of an assisted living and memory care facility, variance from the maximum height and lot coverage for the zone, and removal of large protected trees. This application includes Architecture and Site Application S-21-008, Conditional Use Permit U-21-101, and Variance Application V-21-003.
Full project plans are available online on the Town’s Pending Planning Projects page (https://www.losgatosca.gov/2393/W).
Staff review of the application, including preparation of an Initial Study and Mitigated Negative Declaration, have been completed and the project applicant has installed the story poles. As soon as staff found that the story poles were installed without the standard orange netting the applicant was advised that an exception reviewed by Town Council would be required.
The applicant has submitted a request for an exception from the Story Pole Policy requirements to avoid unsafe conditions created by heavy netting on tall story poles by utilizing rope flags connecting the story poles, in lieu of netting, as described in Attachment 2 and shown in Attachment 3. The story poles with the rope flags have already been installed on the site; however, the Town Council has the discretion to determine the appropriate flagging.
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SUBJECT: 15860 Winchester/Story Pole Exception Request
DATE: October 27, 2022
PUBLIC COMMENTS:
Pursuant to the Policy, notice of the Town Council hearing was sent to property owners and tenants within 300 feet of the subject property. Notice was also published in the Los Gatos Weekly, posted under “What’s New” on the Town’s website, and posted on the Town’s social media platforms. Public comments received by 11:00 a.m., October 27, 2022, are included in Attachment 4.
CONCLUSION:
Staff recommends approval of the proposed exception to allow the installed story poles with rope flags in lieu of netting to avoid unsafe conditions created by heavy netting on tall story poles.
If the Town Council determines that the story pole exception request is appropriate, staff recommends that the Town Council limit the approval to the proposed story pole exception request and plan in Attachments 2 and 3. A request to modify the proposed story pole plan would be required to return to the Town Council for consideration of a new story pole exception.
ALTERNATIVES:
1. Continue the request to a date certain with specific direction; or
2. Approve the request with modified requirements; or
3. Deny the request.
COORDINATION:
The Community Development Department coordinated with the Town Manager’s Office in the review of the requested story pole exception.
ENVIRONMENTAL REVIEW:
Action on the requested story pole exception does not constitute a “project” as defined by section 15378 of the CEQA Guidelines because it is not an action which has a potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment.
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SUBJECT: 15860 Winchester/Story Pole Exception Request
DATE: October 27, 2022
Attachments:
1. Story Pole Policy
2. Exception Request from the Applicant
3. Proposed Story Pole Plan
1 Height Pole and Netting Policy
For Additions and New Construction
I. Purpose:
It is a policy of the Town of Los Gatos Town Council to have story poles and project identification signs installed on the sites of an active development application. The placement of story poles is extremely helpful and important during the course of Town’s review of applications for new development. Proper and accurate placement of story poles demonstrates the planned rooflines and heights and provides some indication of the potential massing of the proposed structure. Story poles enhance understanding of the project for Town residents, staff, advisory bodies, and decision making bodies. Story poles also provide a visual notice to the community of a forthcoming land use public hearing.
Project identification signs present both written and graphical information that will further communicate the proposed project to the community as well as provide the public hearing dates for the development application.
This policy is for the benefit of the Town and community and is not intended to create a requirement under the California Environmental Quality Act (CEQA).
II. Height Poles and Netting:
Height story poles and netting shall be used for the following types of Community Development Department, Planning Division, land use applications:
• New residential (excluding single-story accessory structures) and non-residential buildings.
• Residential second story additions.
• Nonresidential additions exceeding 100 square feet.
The terms height poles and story poles are used interchangeably.
A. Procedure:
When it is determined that story poles are required, the applicant’s engineer, architect or building designer may be required to prepare a “Story Pole Plan” to indicate the locations where the poles will be installed. The Story Pole Plan shall be approved by the project planner prior to the placement of the poles on the site. Once approved, the applicant shall inform the project planner when the placement of the story poles is complete and submit photographs showing installation. The story poles shall be installed consistent with the following requirements:
2 Residential: The height poles and netting shall be installed prior to the neighborhood notification process and shall remain in place until the project has been acted upon and the appeal period has ended. If the project is appealed, the height poles and netting shall remain until final action is taken. If final consideration of the project is substantially delayed or the project is substantially modified, staff may direct removal or modification of the story poles.
Projects that Require Planning Commission or Town Council Action: The height poles and netting shall be installed prior to the public noticing of the matter and shall be kept in place until the project has been acted upon and the appeal period has ended.
If the project is appealed, the height poles and netting shall remain until final action is taken. If final consideration of the project is substantially delayed or the project is substantially modified, staff may direct removal or modification of the story poles.
B. Timing
Public notices will not be mailed and/or application(s) shall not be advertised until a Story Pole Plan has been approved by the project planner, the height poles and netting have been installed, and photographs have been submitted to the project planner, as required in Section II.A.
C. Location and Number:
The number of story poles may vary with each specific project. At the discretion of the project planner, story pole locations shall adequately demonstrate the height, mass, and bulk of the project requiring review. At a minimum, story poles shall be placed at all outside building corners of the building wall (excluding eaves) and along the rooflines of the proposed structure(s) or addition. Architectural elements such as towers, spires, elevator and mechanical penthouses, cupolas, mechanical equipment screening and similar elements not used for human activity or storage which are visible from the streetscape shall be represented by the story poles. Pursuant to Section 29.10.1005 of the Tree Protection Ordinance, the attachment of wires, signs, or ropes to any protected tree is prohibited. Trees may not be "flagged" or used as a substitute for the erection of story poles. After the placement of the story poles onsite, the applicant shall provide the project planner with photographs of the story poles taken from a variety of vantage points. The vantage point from where the photograph was taken shall be indicated on each photograph.
A licensed surveyor or civil engineer shall submit written verification that the height and position of the poles and netting accurately represents the height and location of the proposed structure(s) or addition.
3 D. Materials:
The material of the story poles shall be indicated on the Story Pole Plan. Story poles shall be constructed of 2"x4" lumber, metal poles, or other sturdy building material acceptable to the project planner. Telephone poles; mechanical equipment, such as cranes; or other materials may be acceptable for higher structures if the Community Development Director determines that the material will adequately portray the height, bulk, and mass of the proposed structure(s) or addition and withstand the wind and weather. At least two foot (2') wide orange woven plastic snow fencing (netting) must be erected to represent the rooflines of the proposed structure(s) or addition. Netting must be supported by height poles that are strong enough to accurately maintain the outlines and height of the structure(s). One of the height poles on each elevation must be clearly marked and labeled in five foot (5') increments measured from existing or finished grade, whichever creates a higher profile, and consistent with the approved Story Pole Plan on file at the Community Development Department.
E. Story Pole Plan and Public Safety:
All story poles shall be placed, braced and supported to ensure the health, safety and general welfare of the public. The Story Pole Plan shall include the methods used to secure the poles. Applicants shall sign an agreement that holds the Town harmless for any liability associated with the construction of, or damage caused by the story poles. If at any time, the Town determines the story poles to be unsafe, they shall be repaired and reset immediately by the project applicant or, at the Town's discretion, removed. Depending on the scope of the poles, the applicant may be requested to
4 verify with the Building Division of the Community Development Department that no permits and/or inspections are required for the poles.
F. Exceptions:
In the event there are justifiable reasons why story poles cannot be accommodated for all structures proposed to be constructed on the project site, the applicant shall submit a letter to the Community Development Director no later than 45 days prior to the required installation date, clearly articulating the reasons why an exception to the Story Pole requirement is warranted. Requests for an exception and alternative plan will only be considered if the applicant can clearly demonstrate to the Town, and the Town agrees, that the installation of the story poles would: (1) cause a threat to public health and safety or (2) would impair the use of existing structure(s) or the site to the extent it would not be able to be occupied and the business or residential use would be infeasible. Some form of poles and netting and/or on-site physical representation of the project will be required, even if an exception is granted.
Planned Development applications with multiple detached commercial structures and/or residential units may request to erect story poles on the locations where the key structures will be placed. The deciding body will take into account the density of the development when considering an exception request. The story poles shall be installed on all corner structures and the structures with the greatest height and mass.
An exception to providing story poles for all structures in a Planned Development application with multiple commercial structures and/or residential units shall follow the same procedures as outlined below.
The Town Manager will review all justifiable requests for an exception to the Story Pole requirement within 14 days of receipt of the request and shall place the matter on the next available Town Council agenda for consideration by the Council. Written notice of the exception request shall be mailed to property owners and residents of properties within 300 feet of the project site. All requested and approved exceptions shall be posted on the Town's Web site under “What’s New,” in agenda posting locations at Town Hall and the Library, and in the online development activity report when established.
If an exception is approved, the applicant will be required to demonstrate the proposed structure height and mass using alternative means as outlined in Section II.H.
5 G. Alternatives: If an exception is granted to the Story Pole requirements, the applicant shall provide digital imagery simulations, computer modeling, built to-scale models or other visual techniques in-lieu of the Story Pole requirements. Simulations may either be prepared by the applicant for technical review by the Town's consultant or the applicant may elect to have the Town's consultant prepare the materials. In either case, the applicant shall be responsible for all technical review(s), materials and cost of the Town’s evaluation and/or preparation process. To ensure accuracy, visual simulations shall comply with the following standards:
• Establishing accuracy of the visual simulation: The applicant shall demonstrate that the dimension and scale of the visual simulation and project setting are equivalent. This is accomplished by examining screen views of the model in plan and elevation views for accurate scaling. The visual simulation must also include reference objects corresponding to known objects in the simulated scene, such as buildings, curbs, utility poles, trees, or any other reference points visible in the simulated scene, whose location is known from surveys or, at a minimum aerial imagery. There shall be a minimum of two reference objects outside of the project in different parts of the photo frame.
• Establishing the equivalence of the virtual and actual camera focal setting:
The camera lens focal setting or angle of view for each simulation base photo shall be stated. The camera model shall be provided since the angle of the focal view varies with different cameras. The preparer of the photo simulations shall provide the manufacturer specifications indicating the 35 mm film SLF lens correspondence, or other means to calculate the angle of view. • Depict the accurate location of the photo and establish the correspondence of the virtual camera with the visual simulation: The photo location shall be indicated accurately on a map or aerial photo, and the correspondence within the visual simulation should be demonstrated. Simulated views should not employ cropping, or if they must, the original, uncropped rendered image shall be provided. Once the images are cropped, it is impossible to validate their accuracy. • Other Information: The Town's consultant may require other information to assess the accuracy of the visual simulation.
H. Removal:
Once a final action has been taken and the appeal period is over, the height poles and netting shall be removed at the applicant’s expense within 30 days. If not removed, the height poles and netting will be considered rubbish and will be in violation of Section 11.10.020 of the Town Code and the matter will be forwarded to Code Compliance for enforcement action.
6 III. Project Identification Signs:
All development applications that must comply with the story pole and netting requirements shall also provide project identification signs on the development site consistent with the following requirements.
A. Timing:
Public notices will not be mailed and/or application(s) shall not be advertised until project identification sign(s) have been installed. The location of the project identification sign(s) shall be shown on the Story Pole Plan. The applicant shall submit a signed declaration confirming that the project identification sign(s) were installed.
The applicant shall also submit a photo showing the on-site sign(s) installed on the subject property prior to the distribution of the public notices.
B. Size:
• New Residential Structures: One, 2'x2' sign placed on the street frontage. The top of the sign shall be five feet (5’) from existing grade and visible from the main street frontage. The sign shall indicate the scheduled public hearing date and the availability of plans for review at the Community Development Department. • Commercial/Industrial Remodels or New Construction: One 4'x8' sign on each of the property frontages that are visible to surrounding public right of ways, including pedestrian trails such as the Los Gatos Creek Trail. The top of the signs shall be six feet (6') from existing grade. The Community Development Director may require additional signs for development sites that have large frontages. • Downtown (C-2 Zone) Remodels or New Commercial Development: One 2' by 3' vertical sign constructed of metal frame with water resistant plastic or laminated face. In cases where it is infeasible to install a free-standing sign, the posting of a durable, all weather sign on or inside the window of a building is permitted, provided the sign is visible from public locations outside the building. Requests for an exception to the free-standing sign requirements shall be made to the Community Development Department in writing no less than 30 days prior to the public hearing for the project.
C. Number and Placement of Signs:
With one exception, on-site signs shall be placed on each street frontage of the site.
The exception is for permits related to an individual new single family dwelling. In this case, only one sign on the street frontage is required. The signs shall be oriented towards the street, within one foot (1') of the front property line or two feet (2') of the back of the sidewalk.
7 D. Materials:
Signs shall be constructed of durable materials, such as foam core or plywood, and shall be laminated during the rainy season (October through April). The sign colors shall be a white background with black printing, and color graphics (excluding single family, which may have black and white graphics). As noted under Section III.B., signs in the Downtown C-2 Zone shall be constructed of higher grade materials, including a metal frame and a plastic or laminated poster board face.
E. Sign Content:
Up to 75% of the overall sign area must be used to provide a general description of the project; including number of residential units or commercial buildings and square footage; a color perspective drawing, three-dimensional image or photographic simulation and the name and contact information of the project applicant. Single family remodel projects are not required to provide a rendering on the sign. The public notice portion of the sign message must constitute 25 percent of the overall sign area and notify the community of the public hearing date and time and contain the following message “For more information about this project, please contact the Town of Los Gatos Planning Division at 110 E. Main Street, Los Gatos, (408) 354-6872.
The project address and application number shall be included on the notice.
F. Duration of Sign Posting:
Project identification signs shall be placed on site consistent with the timing of installation of the story poles (See Section II.B.) and shall be removed within 30 days of the final actions (See Section II.H.).
G. Maintenance:
The applicant is responsible for replacement of any missing, damaged or vandalized signs within five days of request by the Town. The Town may cease processing of the application if the signs are not replaced and/or maintained.
IV. Definitions:
Height: As defined by the Zoning Ordinance, height is determined by the plumb vertical distance from the natural or finished grade, whichever is lower and creates a lower profile, to the uppermost point of the roof edge, wall, parapet, mansard, or other point directly above that grade. For portions of a structure located directly above a cellar (refer to Section 29.10.020 of the Zoning Ordinance for definition of cellar), the height measurement for that portion of the structure shall be measured as the plumb vertical distance from the existing natural grade to the uppermost point of the structure directly over that point in the existing natural grade.
8 Roofline or edge: The contour or shape of a roof.
This policy was adopted by Town Council on August 5, 2013 (Resolution 2013-032) N:\DEV\Web Documents\Policies\Story Pole Policy Resolution.7-13-17.docx
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ATTACHMENT 3
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022
ITEM NO: 9
ADDENDUM
DATE: October 31, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Property Zoned O. Located at 15860- 15894 Winchester Boulevard and 17484 Shelburne Way. APN 529-11-013, -038, -039, and -040. Applicant/Property Owner: Green Valley Corp. d.b.a.
Swenson. Project Planner: Jennifer Armer.
REMARKS:
Attachment 4 includes additional public comments received between 11:01 a.m., Thursday, October 27, 2022, and 11:00 a.m., Monday, October 31, 2022.
ATTACHMENTS:
Attachments previously with November 1, 2022 Staff Report:
1. Story Pole Policy
2. Exception Request from the Applicant
3. Proposed Story Pole Plan
Attachments with this Addendum:
4. Public Comment received between 11:01 a.m., Thursday, October 27, 2022, and 11:00 a.m., Monday, October 31, 2022
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Bryan J. Mekechuk/Jo-Anne Sinclair
October 30, 2022
Town Council
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Dear Town Council:
Re: Story Pole Exemption – 15860 Winchester Boulevard
Based on filings by the applicant, Town Council should deny the application for a story pole exemption.
Story poles indicate that an application has been submitted and is under consideration by the Town. Only after the applicant has filed accurate information reflecting existing and planned conditions at the site should Town Council consider, and accept, a request for a story pole exemption.
The applicant (1) omitted any reference, depiction or reference to the Class IV bike lanes from the drawings, renderings and photographs of the existing site and plans; (2) the traffic studies included in the application on the Town’s website do not acknowledge or consider the effect of the existing Class IV bike lanes; and (3) the traffic study in Appendix F shows a traffic signal, which does not exist, controlling the Winchester/Shelbourne intersection. A brief, cursory review of the materials of the Town’s website identified these deficiencies.
While one may advocate that having plans that omit existing conditions and traffic studies that do not consider Class IV bike lanes and have wrong traffic signals will not have a material effect on a request for a story pole exemption, Town Council should consider the precedent they are setting and the message they are sending to applicants, Town Staff, the Planning Commission, citizens and neighboring jurisdictions regarding the duty of care and accuracy required by the Town in filings on proposed developments.
Of material importance is that the staff report refers to “… variance from the maximum height and lot coverage for the zone ...” yet sheets A-4.2 and A-4.3 do not show any “Variance Area” in yellow while sheets A-3.2 and A-3.3 of identical elevations in the application highlight variance areas in yellow. This is misleading.
The application that was denied by the Planning Commission in 2017 and subsequently approved on appeal to Town Council had a two-story 30,070 sq ft office building with 128 parking spaces (87 below grade and 41 at grade). The front setback was 35 to 44 feet along Winchester. The proposed three-story building is 81,633 sq ft with 54 parking spaces (49 below grade and 5 at grade). The front setback is the minimum allowed, 25 feet, along Winchester.
The change in the project is staggering.
We ask that the Town Council deny the request for exemption until the applicant has prepared and filed documents that reflect existing conditions and include the variance locations on the plans.
Sincerely,
Bryan J. Mekechuk Jo-Anne Sinclair
ATTACHMENT 4
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PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022
ITEM NO: 9
DESK ITEM
DATE: November 1, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Property Zoned O. Located at 15860- 15894 Winchester Boulevard and 17484 Shelburne Way. APN 529-11-013, -038, -039, and -040. Applicant/Property Owner: Green Valley Corp. d.b.a.
Swenson. Project Planner: Jennifer Armer.
REMARKS:
Attachment 5 includes additional public comments received between 11:01 a.m., Monday, October 31, 2022, and 11:00 a.m., Tuesday, November 1, 2022.
Attachments previously with November 1, 2022 Staff Report:
1. Story Pole Policy
2. Exception Request from the Applicant
3. Proposed Story Pole Plan
Attachment with this Addendum:
4. Public Comment received between 11:01 a.m., Thursday, October 27, 2022, and 11:00 a.m., Monday, October 31, 2022
Attachment with this Desk Item:
5. Public Comment received between 11:01 a.m., Monday, October 31, 2022, and 11:00 a.m., Tuesday, November 1, 2022
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From: A KUMAR
Sent: Monday, October 31, 2022 4:55 PM
To: Planning <[email protected]>
Cc: [email protected]
Subject: 15860-15894 17484 Winchester Blvd proposed Porject
EXTERNAL SENDER
Greetings,
On The said properties , Professional Office construction plans were previously approved with 150 plus parking spaces presumably compliant with the permissible Building Codes and height ordinances . . .
With a lapse of inactivity over 5 years hence , now a new now Developer is seeking dramatic changes into a Nursing care Facility 24X7 365 days with reduced parking from 150 previous plans down to 50 some odd parking spots, overriding the allowable height ordinance and parking spaces .. The nature of this project is very disruptive to the immediate neighboring residents Some of us have lived on Via Sereno for almost 40 plus plus years and of recent we are constantly battling for our service providers to park on our current limited street parking space .Communication on this matter has been ongoing with The City of Monte Sereno to bring a resolve to this matter . the proposed project will only be adding fuel to the matter.
In recent years there are numerous times that we cannot exit and merge on to Winchester to drive to a Pharmacy or Grocery store ,with traffic backed up on Winchester thanks to Circuses Los Gatos has created downtown , grudgingly we have to U turn back home while Vehicles are driving on the center turn lanes that pose head on collisions and there is no traffic control oversight .
The magnitude of this project and its occupancy along the hours of operation is not compatible to adjoining residential neighborhood .
If the Town moves ahead with this project for more Crime , Collisions and fatalities that are bound to happen as a consequence, That Blood is on your hands !
These lots can be better utilized for housing our Teachers than a medical facility .
Adesh Kumar
Via sereno
Monte Sereno
ATTACHMENT 5 Page 77
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PREPARED BY: Nicolle Burnham
Director of Parks and Public Works
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022
ITEM NO: 10
DATE: October 18, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the Design Update and Provide Feedback Regarding the Proposed Improvements to the Oak Meadow Park Bandstand (CIP Project No. 831- 4007)
RECOMMENDATION:
Receive the design update and provide feedback regarding the proposed improvements to the Oak Meadow Park Bandstand. (CIP Project No. 831-4007)
BACKGROUND:
Parks and Public Works staff are working on design plans for improvements to the Oak Meadow Bandstand. The project was proposed by the Los Gatos Community Foundation (LGCF) and is funded from State park grant funds as first documented in the adopted Fiscal Year (FY) 2021/22 Capital Improvement Program.
The bandstand was placed in the park in 1993 following a fundraising effort by the LGCF. Since that time, it has been used for concerts and community events. The area around the bandstand cannot support growth of grass or other vegetation due to the foot traffic generated in the area. The proposed project would result in the placement of concrete around the bandstand and extending into the lawn space. This would stabilize the area and provide for a small event area. The scope of work would include modifications to the irrigation system and planting additional trees adjacent to the proposed concrete.
With nine reservable picnic areas, bocce courts, a playground, the Billy Jones Railroad and a carousel, Oak Meadow Park is the most heavily used park in the Los Gatos Park system.
Between January 1, 2021 and August 1, 2022, a total of 846 paid reservations were made for
PAGE 2 OF 3
SUBJECT: Accept the Design Update and Provide Feedback Regarding Improvements to the Oak Meadow Park Bandstand (CIP Project No. 831-4007)
DATE: October 18, 2022
BACKGROUND (continued):
the picnic areas serving an estimated 30,900 park users. While users can come from anywhere, data suggest most of the reservations are for Los Gatos residents.
DISCUSSION:
Staff presented this project to the Parks Commission in August 2022. As a result of their feedback, the size of the concrete area was reduced with the new proposed footprint being less than 5,000 square feet which reduces the need for extensive stormwater management measures. In October 2022, the Parks Commission reviewed the updated project and voted in support of the project moving into the next phase of design. At the meeting, the Commission also recommended that staff increase the number of trees proposed as part of this project and that attention be paid to the interface between the grass and concrete to prevent the development of tripping hazards. The Commission voted unanimously in support of the proposed project with a request that staff provide one more opportunity for their review. The concept plan is shown in Attachment 1.
Staff conducted a community survey to collect information about the current use of the park and the improvements to the bandstand (see Attachment 2). The survey was available from September 1, 2022 to September 19, 2022. A link was posted via Town social media, the Town website, flyers in the park and along the Los Gatos Creek Trail near the park, and was directly emailed to 7,680 addresses on file with the Parks Reservation System and local event organizers.
A total of 623 responses were received, 63% of which were from residents of Los Gatos. Overall, respondents were supportive of the improvements and expressed interest in seeing more events at this space. Many respondents had attended events at the bandstand like the Fourth of July, Screen on the Green, and Music Concerts and expressed interest in attending more events like these if they were offered in Oak Meadow Park.
CONCLUSION AND NEXT STEPS:
Based on work completed to date, staff looks forward to the Town Council’s feedback on the proposed project. The next step is to prepare construction documents.
COORDINATION:
This memo has been coordinated with the Town Attorney, Finance Department, and Town Manager’s Office. The proposed project has been discussed with the Parks Commission during
PAGE 3 OF 3
SUBJECT: Accept the Design Update and Provide Feedback Regarding Improvements to the Oak Meadow Park Bandstand (CIP Project No. 831-4007)
DATE: October 18, 2022
COORDINATION (continued):
its August and October 2022 meetings. Staff continues to coordinate with the Los Gatos Community Foundation on this effort.
FISCAL IMPACT:
There is sufficient funding in the FY 2022/23 CIP Budget for the Oak Meadow Bandstand Area Improvements Project as displayed in the fiscal table.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section15301c). A Notice of Exemption has been filed.
Attachments:
1. Concept Plan – Oak Meadow Park Bandstand
2. Survey Questions
Budget Costs
GFAR $ 90,000
Proposition 68 Per Capita Program Grants $ 196,730
Total Budget $ 286,730
Design Consultant $ 36,577
Construction (including contingency) $ 239,639
Total Expenditures $ 276,216
Remaining Budget $10,514
Oak Meadow Bandstand Area Improvements
Project 831-4007
N 0 5 15 30
PLANTING AREA TYP
NEW TREE TYP
BRICK MEDALION
MULTI-USE PLAZA
BANDSTAND
CONCRETE TYPE 1 - NATURAL COLOR, SAND BLAST FINISH BRICK TYPE 1 CONCRETE TYPE 3 - NATURAL COLOR, BROOM FINISH
CONCRETE TYPE 2 - COLORED CONCRETE BRICK TYPE 2
NEW BENCH TYP
EXISTING PATH
EXISTING TREE TYP
EXISTING STAIR AND HANDRAIL
TYP
Oak Meadow Bandstand Area Improvenent Project
Town of Los Gatos
Aug, 2022
-7-
Preferred Concept Plan LANDSCAPE ARCHITECTURE D D AAAC C C E E B B Attachment 1
Attachment 2
Survey Questions
1. How frequently do you use Oak Meadow Park?
a. Daily
b. Weekly
c. Monthly
d. Yearly
e. Less than Yearly
2. What aspects of Oak Meadow Park do you use? (select all that apply) a. Carousel
b. Train
c. Lawn Area
d. Playground
e. Walking Paths
f. Bocce Courts
g. Picnic Areas
3. What types of activities do you participate in on the lawn area? If none, please say none.
a. Open-Ended Question
4. Have you attended events at the park in the past? (select all the apply) a. Screen on the Green
b. Fourth of July
c. Fun Runs or Races
d. Other (please specify the event)
e. Other (please specify)
5. Would you attend large scale events such as a summer concert or dance series at the bandstand?
a. Yes
b. No
6. If the space around the bandstand was more well defined by pavers, concrete or other hardscape, with associated landscaping would you be more inclined to use the space for a private function such as a wedding or party? a. More Inclined
b. Less Inclined
c. The amount of hardscape would not change my use of the area
7. What is your zip code?
a. Open-Ended Question
PREPARED BY: Nicolle Burnham
Director of Parks and Public Works
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
ITEM NO: 10
ADDENDUM
DATE: October 31, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the Design Update and Provide Feedback Regarding the Proposed Improvements to the Oak Meadow Park Bandstand (CIP Project No. 831- 4007)
REMARKS:
Attachment 3 includes the results of the survey as downloaded from the survey software.
These results will be summarized in the staff presentation.
Attachments Previously Received with the Staff Report:
1. Concept Plan – Oak Meadow Bandstand
2. Survey Questions
Attachment Received with this Addendum:
3. Survey Results
Oak Meadow Park Outreach Survey
1 / 49
5.30% 33
28.73% 179
40.61% 253
20.71% 129
4.65% 29
Q1 How frequently do you use Oak Meadow Park?
Answered: 623 Skipped: 0
TOTAL 623
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Daily
Weekly
Monthly
Yearly
Less than
Yearly
ANSWER CHOICES RESPONSES
Daily
Weekly
Monthly
Yearly
Less than Yearly
ATTACHMENT 3
Oak Meadow Park Outreach Survey
2 / 49
55.70% 347
65.33% 407
67.58% 421
67.58% 421
83.31% 519
3.05% 19
56.02% 349
Q2 What aspects of Oak Meadow Park do you use? (select all that apply) Answered: 623 Skipped: 0
Total Respondents: 623
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Carousel
Train
Lawn Area
Playground
Walking Paths
Bocce Courts
Picnic Areas
ANSWER CHOICES RESPONSES
Carousel
Train
Lawn Area
Playground
Walking Paths
Bocce Courts
Picnic Areas
Oak Meadow Park Outreach Survey
3 / 49
Q3 What types of activities do you participate in on the lawn area? If none, please say none.
Answered: 623 Skipped: 0
# RESPONSES DATE
1 Lawn games 9/19/2022 9:31 PM
2 none 9/19/2022 7:13 PM
3 4th of July celebration 9/19/2022 4:08 PM
4 Birthday parties, casual eating 9/19/2022 2:44 PM
5 our kids run around and play with friends.. Just in case there is not a second page to this survey, I wanted to make note that reducing green space is not what we want and not what our community needs. If hardscape it added, it should be permeable and environmentally friendly. 9/19/2022 12:32 PM
6 Meeting friends, family time, picnicking and playing games 9/19/2022 10:17 AM 7 Child participates in Los Gatos Recreation soccer camps 9/19/2022 9:53 AM 8 Occasionally attend music events, private get-togethers 9/18/2022 9:02 AM 9 Concerts, walking 9/17/2022 9:42 PM
10 Picnic 9/17/2022 1:09 PM
11 Games, frisbee, soccer 9/17/2022 12:26 PM
12 Play with Dog 9/17/2022 11:50 AM
13 screen on the green, recreation, exercise 9/16/2022 5:16 PM 14 Events picnic soccer 9/16/2022 1:42 PM
15 Walking 9/16/2022 9:45 AM
16 Picnics. Homework. Relaxing 9/15/2022 8:55 PM
17 Picnics. Homework. Relaxing 9/15/2022 3:27 PM
18 Hanging out and relaxing 9/15/2022 3:05 PM
19 Play, walk, picnic 9/15/2022 2:53 PM
20 Walking 9/15/2022 2:46 PM
21 none 9/15/2022 12:17 PM
22 Sit 9/15/2022 9:28 AM
23 Performances and celebrations 9/14/2022 5:55 PM
24 Play with kids / rest / read 9/14/2022 4:26 PM
25 Relaxing 9/14/2022 2:20 PM
26 None 9/13/2022 10:17 PM
27 Playing with kids, frisbee, picnic, 9/13/2022 8:42 PM 28 None 9/13/2022 7:02 PM
29 None 9/13/2022 5:55 PM
30 Fresher, soccer, bubbles, tag 9/13/2022 4:54 PM
Oak Meadow Park Outreach Survey
4 / 49
31 None 9/13/2022 1:08 PM
32 Picnic and relaxation 9/13/2022 12:45 PM
33 Walking, birdwatching 9/13/2022 11:43 AM
34 None 9/13/2022 8:39 AM
35 Frisbee, ball games, etc 9/13/2022 5:58 AM
36 None 9/12/2022 11:34 PM
37 Walk dog 9/12/2022 7:45 PM
38 We hold our annual egg hunt there and also have key club meetings/team building workshops (LG high school)
9/12/2022 7:10 PM
39 Frisbees, soccer and jogging 9/12/2022 5:46 PM
40 Picnic in lawn, play with ball 9/12/2022 5:36 PM
41 None 9/12/2022 4:21 PM
42 Walking 9/12/2022 3:50 PM
43 Picnic, volleyball, biking, 9/12/2022 3:27 PM
44 Pic-nic, playing with my children 9/12/2022 3:01 PM
45 None 9/12/2022 2:38 PM
46 none 9/12/2022 1:57 PM
47 None 9/12/2022 1:41 PM
48 none 9/12/2022 1:25 PM
49 Sports 9/12/2022 1:05 PM
50 None 9/12/2022 12:26 PM
51 None 9/12/2022 12:24 PM
52 None 9/12/2022 11:20 AM
53 Sitting and picnicking, small ball games like catch, frisbee, croquet 9/12/2022 11:20 AM 54 Play ball 9/12/2022 11:15 AM
55 Sports, hanging out with friends 9/12/2022 11:06 AM
56 None 9/12/2022 11:04 AM
57 Picnic, play with kids 9/12/2022 10:59 AM
58 none 9/12/2022 10:54 AM
59 picnicking 9/12/2022 10:53 AM
60 Picnic on lawn. 9/12/2022 8:44 AM
61 Sports 9/12/2022 8:28 AM
62 Summer camp 9/12/2022 8:11 AM
63 Running around; picnic 9/11/2022 8:32 PM
64 Walk 9/11/2022 7:54 PM
65 None 9/11/2022 7:54 PM
66 not much too much goose poop 9/11/2022 6:08 PM
67 None 9/11/2022 5:13 PM
68 None 9/11/2022 3:22 PM
Oak Meadow Park Outreach Survey
5 / 49
69 My siblings are playing there. 9/11/2022 3:00 PM
70 Soccer, volleyball, catch (baseball, football), birthday parties, bounce houses, water gun fights 9/11/2022 2:22 PM 71 Concerts 9/11/2022 2:15 PM
72 None - too much goose poop 9/11/2022 2:02 PM
73 Frisbee 9/11/2022 12:42 PM
74 Pic-nic 9/11/2022 11:48 AM
75 Picnic, play 9/11/2022 10:40 AM
76 None. 9/11/2022 10:34 AM
77 Soccer 9/11/2022 10:18 AM
78 Post run stretches 9/11/2022 9:54 AM
79 Frisbee, dog walking picnics 9/11/2022 9:32 AM
80 Playing with my kid 9/10/2022 7:14 PM
81 None 9/10/2022 6:41 PM
82 Picnic and hang out 9/10/2022 6:15 PM
83 None 9/10/2022 3:30 PM
84 none 9/10/2022 2:47 PM
85 quiet time 9/10/2022 2:07 PM
86 Run around, kick ball, and picnic 9/10/2022 11:30 AM 87 None 9/10/2022 9:45 AM
88 Dog walking 9/10/2022 6:42 AM
89 Picnic and lawn-nature bathing 9/10/2022 4:02 AM
90 none 9/9/2022 10:51 PM
91 Soccer 9/9/2022 10:38 PM
92 picnic, playing on playground with kids 9/9/2022 10:36 PM 93 Concerts and picnics and walking 9/9/2022 8:41 PM
94 None 9/9/2022 6:22 PM
95 None 9/9/2022 6:04 PM
96 Soccer 9/9/2022 5:47 PM
97 None 9/9/2022 5:34 PM
98 Picnic 9/9/2022 4:53 PM
99 Frisbee, running around 9/9/2022 4:35 PM
100 Theater 9/9/2022 4:23 PM
101 frisbee 9/9/2022 1:16 PM
102 Events, listening to music when available, picnic, games 9/9/2022 1:01 PM 103 N/A 9/9/2022 11:55 AM
104 We play soccer 9/9/2022 9:51 AM
105 None 9/9/2022 9:42 AM
106 Soccer and frisbee 9/8/2022 6:29 PM
Oak Meadow Park Outreach Survey
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107 family meetings 9/8/2022 3:38 PM
108 playing soccer or other sports with the kids 9/8/2022 1:55 PM 109 None 9/8/2022 1:37 PM
110 Picnic soccer 9/8/2022 12:26 PM
111 none 9/8/2022 12:12 PM
112 None 9/8/2022 11:21 AM
113 picnic, sports, meetups 9/8/2022 10:28 AM
114 relaxing, city event 9/7/2022 11:53 PM
115 Relaxing, listening to the music. Have a bathroom conveniently located to the event area. 9/7/2022 5:43 PM 116 used to play soccer with son 9/7/2022 5:37 PM
117 None 9/7/2022 5:03 PM
118 Kite flying and organized sport activities (through rec center) 9/7/2022 3:52 PM 119 None 9/7/2022 2:53 PM
120 None0 9/7/2022 12:22 PM
121 Frisbee 9/7/2022 10:01 AM
122 None 9/7/2022 8:46 AM
123 Children playing 9/7/2022 3:40 AM
124 Dog playing, play with kids. 9/7/2022 12:11 AM
125 running around with the kids big open spaces 9/6/2022 10:56 PM 126 play soccer 9/6/2022 10:15 PM
127 Picnicking dancing hanging out 9/6/2022 9:53 PM
128 None 9/6/2022 9:23 PM
129 bounce house, movie night 9/6/2022 9:15 PM
130 Playing with my kids 9/6/2022 5:31 PM
131 lounging play picnics queit 9/6/2022 4:42 PM
132 Park Dance 9/6/2022 3:20 PM
133 none 9/6/2022 2:00 PM
134 Walking in the green areas 9/6/2022 1:55 PM
135 playing catch, soccer 9/6/2022 1:15 PM
136 Soccer 9/6/2022 12:42 PM
137 frisbe. cornhole 9/6/2022 12:41 PM
138 exercise 9/6/2022 12:34 PM
139 Picnic, sports 9/6/2022 12:34 PM
140 Soccer + Drinking at Sponsored Events 9/6/2022 12:31 PM 141 None 9/6/2022 11:45 AM
142 lunch 9/6/2022 11:12 AM
143 soccer, badminton etc 9/6/2022 11:11 AM
144 Picnics and playing with dog 9/6/2022 10:39 AM
Oak Meadow Park Outreach Survey
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145 Ive mostly used this park for birthdays or baby showers 9/6/2022 10:28 AM 146 none 9/6/2022 10:17 AM
147 sports games, picnics 9/6/2022 9:31 AM
148 picnic, soccer, etc 9/6/2022 9:28 AM
149 Family time 9/6/2022 9:11 AM
150 Running, play area 9/6/2022 9:05 AM
151 none, special events 9/6/2022 8:53 AM
152 None 9/6/2022 8:52 AM
153 Kick balls 9/6/2022 8:46 AM
154 Picnics/reading/lounging/walking dog 9/6/2022 8:07 AM 155 None 9/6/2022 7:15 AM
156 Throwing balls, jumpy house. We would use the lawn area more if there were less goose poop. 9/6/2022 7:07 AM 157 Picnicking 9/6/2022 6:47 AM
158 kids running and sports 9/5/2022 11:51 PM
159 none 9/5/2022 11:51 PM
160 Catch 9/5/2022 11:31 PM
161 Family gatherings, sports activities, celebrations 9/5/2022 9:40 PM 162 None 9/5/2022 9:16 PM
163 Picnics 9/5/2022 8:55 PM
164 Girls on the run (one season). My kids did a camp once with marvegos “art moki” and they used that big grass space, also. When my kids were younger we used to play more often by the trees and little hill area. Also just walking across. 9/5/2022 8:51 PM
165 Football 9/5/2022 8:09 PM
166 LOVED Shakespeare in the Park, Haunted House 9/5/2022 7:22 PM 167 none 9/5/2022 6:05 PM
168 Many 9/5/2022 3:52 PM
169 play with kids, kick soccer ball, picnic on a blanket 9/5/2022 3:30 PM 170 Bbq 9/5/2022 2:46 PM
171 Kids running around 9/5/2022 1:32 PM
172 None 9/5/2022 10:40 AM
173 None 9/5/2022 10:38 AM
174 Picnic 9/5/2022 10:22 AM
175 July 4th event 9/5/2022 10:15 AM
176 Lounging 9/5/2022 9:53 AM
177 Picnic 9/5/2022 9:23 AM
178 None 9/5/2022 9:20 AM
179 Just sitting and enjoying the lawn 9/5/2022 9:15 AM 180 Throwing ball 9/5/2022 7:01 AM
181 Workout 9/5/2022 6:54 AM
Oak Meadow Park Outreach Survey
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182 kids play 9/4/2022 11:27 PM
183 Walking , running , biking , train 9/4/2022 10:47 PM 184 None 9/4/2022 10:35 PM
185 Sports and open-play with dog/kids 9/4/2022 10:29 PM 186 Picnic 9/4/2022 9:33 PM
187 frisbee, picnic, soccer 9/4/2022 6:59 PM
188 Sitting 9/4/2022 5:48 PM
189 Picnics, walks, get togethers 9/4/2022 5:32 PM
190 None 9/4/2022 5:14 PM
191 Sit and talk with friends 9/4/2022 5:03 PM
192 outdoor games, running and play with kids 9/4/2022 4:42 PM 193 Listen to or dance to music 9/4/2022 4:36 PM
194 none 9/4/2022 4:29 PM
195 various, playing catch, frisbee, just lying on the grass 9/4/2022 3:48 PM 196 Picnic 9/4/2022 3:06 PM
197 Soccer and baseball 9/4/2022 3:03 PM
198 none 9/4/2022 2:39 PM
199 My kids love to play in the grass but because the goose poop problem I don't let them play no more
9/4/2022 2:39 PM
200 Picnic 9/4/2022 1:25 PM
201 Soccer 9/4/2022 12:48 PM
202 running and playing catch with my grandson 9/4/2022 12:46 PM 203 Picnics 9/4/2022 12:42 PM
204 Football 9/4/2022 12:24 PM
205 concert on July 4 9/4/2022 12:12 PM
206 lawn games (frisbee, etc) 9/4/2022 11:15 AM
207 None 9/4/2022 10:51 AM
208 none 9/4/2022 10:45 AM
209 None 9/4/2022 10:28 AM
210 Playing, picnics 9/4/2022 10:14 AM
211 ball games 9/4/2022 9:56 AM
212 Bring kids to play 9/4/2022 9:31 AM
213 Kids play 9/4/2022 9:31 AM
214 picnic 9/4/2022 9:28 AM
215 None. Would like to see Add a dog park at unused areas of park 9/4/2022 8:59 AM 216 Dog walking, running and playing 9/4/2022 8:56 AM
217 Dog walking/ playing. Would not like it to be all paved. 9/4/2022 8:49 AM 218 Dog play 9/4/2022 7:55 AM
219 None 9/4/2022 7:46 AM
Oak Meadow Park Outreach Survey
9 / 49
220 Sports, picnics, family events 9/4/2022 7:41 AM
221 None 9/4/2022 7:38 AM
222 Walking on the lawn. 9/4/2022 6:14 AM
223 Picnic, kids play, dog play 9/4/2022 6:09 AM
224 None 9/4/2022 12:21 AM
225 My daughter enjoys running. 9/3/2022 11:31 PM
226 None 9/3/2022 11:13 PM
227 reading 9/3/2022 11:11 PM
228 None 9/3/2022 11:03 PM
229 pic nic, soccer 9/3/2022 10:06 PM
230 none 9/3/2022 10:04 PM
231 Picnic and running around while avoiding the goose poop 🙃 9/3/2022 9:46 PM 232 Kids running, picnics 9/3/2022 8:49 PM
233 none 9/3/2022 8:41 PM
234 Soccer, listening to music, avoid goose poop 9/3/2022 8:10 PM 235 Play with kids 9/3/2022 7:40 PM
236 Games, lounging, reading 9/3/2022 7:20 PM
237 Meetings 9/3/2022 6:06 PM
238 Kicking around a soccer ball 9/3/2022 5:55 PM
239 Sitting, eating 9/3/2022 5:54 PM
240 Dogs 9/3/2022 5:51 PM
241 Soccer, catch, frisbee 9/3/2022 5:13 PM
242 Play 9/3/2022 5:11 PM
243 Jogging 9/3/2022 5:11 PM
244 None 9/3/2022 4:26 PM
245 None 9/3/2022 4:26 PM
246 picnic 9/3/2022 4:24 PM
247 Kids run around a bit but very little use for us 9/3/2022 4:03 PM 248 none 9/3/2022 3:24 PM
249 Games / frisbee/ cornhole 9/3/2022 3:20 PM
250 Picnicking and relaxing 9/3/2022 3:12 PM
251 Watch others play 9/3/2022 2:52 PM
252 Monte Sereno Picnic 9/3/2022 2:28 PM
253 walking 9/3/2022 2:26 PM
254 Picnic, frisbee chilling 9/3/2022 1:28 PM
255 Sports 9/3/2022 1:17 PM
256 soccer 9/3/2022 1:15 PM
257 Soccer 9/3/2022 12:58 PM
Oak Meadow Park Outreach Survey
10 / 49
258 None 9/3/2022 12:54 PM
259 Frisbee, picnic 9/3/2022 12:39 PM
260 frisbee, picnic, drone flying 9/3/2022 12:31 PM
261 Picnic, reading, kids rolling in the grass 9/3/2022 12:06 PM 262 None 9/3/2022 11:53 AM
263 Stretching 9/3/2022 11:52 AM
264 Working out 9/3/2022 11:26 AM
265 Bday party 9/3/2022 11:02 AM
266 Chasing balls with the kids, soccer, kite flying, catch 9/3/2022 10:40 AM 267 Picnic and do running drills 9/3/2022 10:38 AM
268 Stretching and yoga 9/3/2022 10:24 AM
269 Wlk the dog 9/3/2022 10:17 AM
270 none 9/3/2022 10:09 AM
271 kids play, soccer play 9/3/2022 9:53 AM
272 Playing with my kids 9/3/2022 9:48 AM
273 None 9/3/2022 9:46 AM
274 None 9/3/2022 9:40 AM
275 None 9/3/2022 9:17 AM
276 Music in the park 9/3/2022 8:51 AM
277 Walking 9/3/2022 8:47 AM
278 None 9/3/2022 8:39 AM
279 The kids run and play in it 9/3/2022 8:15 AM
280 picnic dog walking 9/3/2022 8:09 AM
281 Football 9/3/2022 8:09 AM
282 Softball 9/3/2022 8:01 AM
283 Parties 9/3/2022 7:59 AM
284 None 9/3/2022 7:57 AM
285 picnic, soccer, throwing a football 9/3/2022 7:43 AM 286 Frisbee, soccer, picnic, sunbathe 9/3/2022 7:42 AM
287 None 9/3/2022 7:34 AM
288 Ball games 9/3/2022 7:08 AM
289 Kids play all sorts of imaginative games 9/3/2022 6:39 AM 290 Camps, baby meetups 9/3/2022 6:28 AM
291 Picnic, soccer, frisbee 9/3/2022 6:04 AM
292 Rarely anything because the geese poop is so bad. If the poop weren’t there, I would love doing more on the lawn with my kids!
9/3/2022 5:31 AM
293 concerts 9/3/2022 5:30 AM
294 Sit on blanket for picnic 9/3/2022 4:42 AM
295 Kids play 9/3/2022 1:59 AM
Oak Meadow Park Outreach Survey
11 / 49
296 None 9/3/2022 1:25 AM
297 None. The lawn is always full of goose droppings. 9/3/2022 1:04 AM 298 Picnic on the grass; photography 9/3/2022 1:04 AM
299 None 9/3/2022 12:17 AM
300 None 9/2/2022 11:26 PM
301 Playing and running around with kids 9/2/2022 10:45 PM 302 None 9/2/2022 9:57 PM
303 Catch/bat/soccer ball with kids; eat picnic lunch 9/2/2022 9:57 PM 304 Picnics, sports 9/2/2022 9:28 PM
305 None 9/2/2022 9:19 PM
306 play catch with the kids, kick a soccer ball, kite, frisbee 9/2/2022 9:04 PM 307 Playing ball with kids 9/2/2022 8:58 PM
308 Run with kids 9/2/2022 8:47 PM
309 Picnic 9/2/2022 8:44 PM
310 picnics parties 9/2/2022 8:20 PM
311 None 9/2/2022 8:18 PM
312 None 9/2/2022 8:15 PM
313 Kids stuff (kites, playing, train rides, picnics) 9/2/2022 8:13 PM 314 Picnic, chasing children in the grass 9/2/2022 8:06 PM 315 Birthday parties, jump houses 9/2/2022 8:00 PM
316 Flying a kite, walking 9/2/2022 7:40 PM
317 Picnic, kids games 9/2/2022 7:36 PM
318 Frisbee, tag, soccer 9/2/2022 7:29 PM
319 Playing games 9/2/2022 7:19 PM
320 Kids playing games & sports 9/2/2022 7:09 PM
321 Soccer, freezbee 9/2/2022 6:59 PM
322 Playing games, picnic 9/2/2022 6:58 PM
323 None 9/2/2022 6:52 PM
324 Relaxing, picknick, soccer 9/2/2022 6:51 PM
325 we picnic and play Frisbee on the lawn 9/2/2022 6:35 PM 326 None 9/2/2022 6:35 PM
327 Picnics 9/2/2022 6:31 PM
328 catch, frisbee, picnicking 9/2/2022 6:26 PM
329 Hang out with my kids 9/2/2022 6:17 PM
330 Relaxing, playing catch 9/2/2022 6:16 PM
331 Soccer, Easter egg hunt, running around 9/2/2022 6:15 PM 332 None. Just walking through. 9/2/2022 6:15 PM
333 Running, playing 9/2/2022 6:05 PM
Oak Meadow Park Outreach Survey
12 / 49
334 Freezeby 9/2/2022 6:02 PM
335 Our kids run around on it 9/2/2022 5:57 PM
336 Ball games 9/2/2022 5:57 PM
337 Resting, playing games 9/2/2022 5:55 PM
338 Picnic 9/2/2022 5:51 PM
339 None 9/2/2022 5:50 PM
340 Rotary function. 4th of July 9/2/2022 5:45 PM
341 None 9/2/2022 5:44 PM
342 Tossing a ball, blowing bubbles. 9/2/2022 5:39 PM
343 Community events and the below listed events! 9/2/2022 5:33 PM 344 Soccer, picnicking 9/2/2022 5:31 PM
345 Many 9/2/2022 5:28 PM
346 Walking 9/2/2022 5:26 PM
347 N/a 9/2/2022 5:20 PM
348 None 9/2/2022 5:14 PM
349 Relaxing 9/2/2022 5:13 PM
350 Soccer, bouncy houses, games of tag, sitting on lawn chairs picnicking 9/2/2022 5:11 PM 351 None 9/2/2022 5:08 PM
352 None 9/2/2022 5:04 PM
353 Just hanging out 9/2/2022 5:02 PM
354 pickleball courts please 9/2/2022 4:59 PM
355 Picnic and sports 9/2/2022 4:58 PM
356 None 9/2/2022 4:58 PM
357 Seating and enjoying 9/2/2022 4:58 PM
358 Kids running around, cycling their bikes, playing soccer etc. 9/2/2022 4:56 PM 359 Picnics, play with kids and pets 9/2/2022 4:47 PM
360 none 9/2/2022 4:46 PM
361 Soccer, wiffle ball, sac races, relays 9/2/2022 4:39 PM 362 kicking soccer ball with kids 9/2/2022 4:39 PM
363 Children’s activities 9/2/2022 4:38 PM
364 Picnic, kids walking and running 9/2/2022 4:36 PM
365 Volleyball, soccer, tag, bouncy house, set-up picnic 9/2/2022 4:33 PM 366 Running 9/2/2022 4:32 PM
367 running around 9/2/2022 4:30 PM
368 soccer, frisbee, catch 9/2/2022 4:28 PM
369 none 9/2/2022 4:27 PM
370 None 9/2/2022 4:27 PM
371 None 9/2/2022 4:23 PM
Oak Meadow Park Outreach Survey
13 / 49
372 None 9/2/2022 4:20 PM
373 I would like the Bocce Courts renovated 9/2/2022 4:15 PM 374 family picnic and play 9/2/2022 4:15 PM
375 Concerts, events 9/2/2022 4:14 PM
376 kid play 9/2/2022 4:14 PM
377 None 9/2/2022 4:10 PM
378 Picnic, running around with kids 9/2/2022 4:05 PM
379 picnicking, catch, lawn games 9/2/2022 4:05 PM
380 casual sports - catch, frisbee, etc 9/2/2022 3:47 PM 381 Kids activities, frisbee, volleyball 9/2/2022 3:47 PM 382 None 9/2/2022 3:45 PM
383 Letting kids run around 9/2/2022 3:42 PM
384 Picnics, frisbee 9/2/2022 3:38 PM
385 Picnics, kid play 9/2/2022 3:36 PM
386 None 9/2/2022 3:36 PM
387 Try to avoid the lawn area. I feel this is a health hazard with all the goose droppings 9/2/2022 3:33 PM 388 Dogwalking 9/2/2022 3:32 PM
389 Sports and relaxation 9/2/2022 3:32 PM
390 Family games, picnics, playing and running around with my kids 9/2/2022 3:27 PM 391 Soccer 9/2/2022 3:27 PM
392 Playing baseball or soccer with my kids 9/2/2022 3:26 PM 393 Kicking a ball, learning to ride a bike 9/2/2022 3:26 PM 394 bike riding, running 9/2/2022 3:25 PM
395 None 9/2/2022 3:25 PM
396 Picnic 9/2/2022 3:22 PM
397 Game playing 9/2/2022 3:19 PM
398 Throwing the football, baseball, Running, picnicing 9/2/2022 3:14 PM 399 sitting 9/2/2022 3:12 PM
400 Walk, play, picnic 9/2/2022 3:11 PM
401 Kids running around, picnic-ing 9/2/2022 3:11 PM
402 Baseball 9/2/2022 3:11 PM
403 dogs 9/2/2022 3:09 PM
404 None 9/2/2022 3:07 PM
405 Relaxing 9/2/2022 3:07 PM
406 Picnic and play 9/2/2022 3:06 PM
407 Picnic or games 9/2/2022 3:05 PM
408 N/a 9/2/2022 3:05 PM
409 Picnics, casual ball play, Easter egg hunt, music 9/2/2022 3:02 PM
Oak Meadow Park Outreach Survey
14 / 49
410 Picnics, kite flying, ball kicking/throwing 9/2/2022 3:01 PM 411 Picnicking 9/2/2022 2:58 PM
412 Soccer, football, kites 9/2/2022 2:58 PM
413 Walking, sports 9/2/2022 2:57 PM
414 Vollyball 9/2/2022 2:54 PM
415 None 9/2/2022 2:49 PM
416 picnic 9/2/2022 2:47 PM
417 Picnics and relaxation time 9/2/2022 2:47 PM
418 none 9/2/2022 2:46 PM
419 Town activities , concerts. Picnics, frisbee 9/2/2022 2:46 PM 420 Reading 9/2/2022 2:46 PM
421 None 9/2/2022 2:45 PM
422 Frisbee 9/2/2022 2:44 PM
423 Family and community events, soccer, football 9/2/2022 2:43 PM 424 Walking/excersise 9/2/2022 2:40 PM
425 Playing with family, concerts 9/2/2022 2:38 PM
426 frisbee, soccer 9/2/2022 2:38 PM
427 Kids playing 9/2/2022 2:38 PM
428 Playing with my daughter 9/2/2022 2:36 PM
429 None 9/2/2022 2:35 PM
430 walking 9/2/2022 2:33 PM
431 None 9/2/2022 2:33 PM
432 We take elementary school children there for our end of the year field trip. We use 4 picnic areas, the whole grass area, and the playground, plus the carousel and train. Last year it was not so great because a lot of the grass area was taken up by a soccer league, which we did not know had reserved a big chunk of grass area. I like the park as it is right now. 9/2/2022 2:31 PM
433 None 9/2/2022 2:31 PM
434 Play with soccer ball with my kid. 9/2/2022 2:28 PM 435 Picnic, soccer 9/2/2022 2:26 PM
436 Playing with kids and dog. 9/2/2022 2:25 PM
437 Soccer, frisbee, kites etc with kids 9/2/2022 2:23 PM 438 We had a rented jumping house there for my son’s birthday 9/2/2022 2:19 PM 439 Play with kids, sports 9/2/2022 2:18 PM
440 Picnicking, kids running 9/2/2022 2:18 PM
441 None 9/2/2022 2:18 PM
442 none 9/2/2022 2:14 PM
443 Soccer, throwing balls, tag 9/2/2022 2:12 PM
444 Soccer 9/2/2022 2:12 PM
445 Informal soccer, sometimes picnics 9/2/2022 2:09 PM 446 Kids flying airplanes, drones and play balls. 9/2/2022 2:09 PM
Oak Meadow Park Outreach Survey
15 / 49
447 Picnic, kids running around 9/2/2022 2:08 PM
448 Frisbee, soccer 9/2/2022 2:07 PM
449 Family and event groupings 9/2/2022 2:07 PM
450 Soccer, picnics, frisbee 9/2/2022 2:07 PM
451 none; i would love to use it but it is filled with goose droppings 9/2/2022 2:07 PM 452 none 9/2/2022 2:06 PM
453 None 9/2/2022 2:05 PM
454 playing games 9/2/2022 2:05 PM
455 Kids activities (soccer, frisbee) 9/2/2022 2:04 PM
456 Frisbee, soccer 9/2/2022 2:04 PM
457 Letting the dog sniff around, watching kids play, laying in the shade 9/2/2022 2:04 PM 458 None 9/2/2022 2:02 PM
459 Kids run and play, soccer, frisbee, football 9/2/2022 2:02 PM 460 Picnic, playdates, games, birthdays 9/2/2022 2:01 PM 461 Lawn games, hanging out, letting dog run around 9/2/2022 2:00 PM 462 Picnics, my kids play ball on the lawn, etc 9/2/2022 2:00 PM 463 Play ball 9/2/2022 1:59 PM
464 Having picnics, The kids have played rec volleyball on the lawn. We go to town festivals and celebrations on the lawn.
9/2/2022 1:59 PM
465 None 9/2/2022 1:59 PM
466 None 9/2/2022 1:58 PM
467 Picnic or running 9/2/2022 1:58 PM
468 none 9/2/2022 1:58 PM
469 None 9/2/2022 1:57 PM
470 Frisbee, spikeball 9/2/2022 1:51 PM
471 Kids bike riding, picnics 9/2/2022 1:51 PM
472 None 9/2/2022 1:51 PM
473 Kids playing 9/2/2022 1:50 PM
474 picnic 9/2/2022 1:49 PM
475 Kids playing, running etc. Picnicing 9/2/2022 1:48 PM 476 We play soccer and football as a family 9/2/2022 1:45 PM 477 Picnic 9/2/2022 1:44 PM
478 none 9/2/2022 1:43 PM
479 Kid / Family games of soccer, football, baseball, tag. Bounce houses for birthday parties adjacent to picnic areas.
9/2/2022 1:42 PM
480 soccer, frisbee 9/2/2022 1:40 PM
481 tag,soccer,frisbee 9/2/2022 1:35 PM
482 birthdays 9/2/2022 1:34 PM
483 Picnics 9/2/2022 1:33 PM
Oak Meadow Park Outreach Survey
16 / 49
484 Kids soccer, playing, birthday parties 9/2/2022 1:33 PM 485 None 9/2/2022 1:32 PM
486 None 9/2/2022 1:30 PM
487 picnics, running around with kids, etc. 9/2/2022 1:30 PM 488 Play games 9/2/2022 1:29 PM
489 Running around with my children 9/2/2022 1:28 PM
490 None. Too much goose poop. 9/2/2022 1:26 PM
491 play with ball, picnics 9/2/2022 1:25 PM
492 frisbee, soccer, running 9/2/2022 1:24 PM
493 Walking, kicking soccer ball, etc. 9/2/2022 1:22 PM 494 N/A 9/2/2022 1:20 PM
495 Soccer, frisbee 9/2/2022 1:19 PM
496 Picnic, playing games with the kids 9/2/2022 1:18 PM 497 games, sports 9/2/2022 1:18 PM
498 Reading, playing games 9/2/2022 1:16 PM
499 Running. Events. 9/2/2022 1:14 PM
500 Playing catch, frisbee 9/2/2022 1:13 PM
501 Soccer, football 9/2/2022 1:12 PM
502 Frisbee, throw ball 9/2/2022 1:11 PM
503 None 9/2/2022 1:10 PM
504 Picnic, games 9/2/2022 1:09 PM
505 Past: productions like Shakespeare in the Park 9/2/2022 1:08 PM 506 Just kids and animals playing! 9/2/2022 1:08 PM
507 Walk across 9/2/2022 1:08 PM
508 Sit down to eat or let my kids run around 9/2/2022 1:07 PM 509 Kick around a ball. 9/2/2022 1:05 PM
510 Open play for my kids 9/2/2022 1:05 PM
511 Playing with a ball, picnicking, toddlers running around 9/2/2022 1:05 PM 512 None 9/2/2022 1:05 PM
513 Playing soccer, kickball, throwing football 9/2/2022 1:04 PM 514 My child loves to run around! 9/2/2022 1:03 PM
515 None 9/2/2022 1:03 PM
516 relaxing 9/2/2022 1:02 PM
517 soccer 9/2/2022 1:00 PM
518 playing ball games 9/2/2022 12:58 PM
519 Picnic under trees near carousel 9/2/2022 12:58 PM
520 None 9/2/2022 12:56 PM
521 Running, biking, playing 9/2/2022 12:56 PM
Oak Meadow Park Outreach Survey
17 / 49
522 Kicking, throwing ball. Volleyball 9/2/2022 12:55 PM 523 soccer, badminton, throwing the a baseball or football around. 9/2/2022 12:54 PM 524 Picnic 9/2/2022 12:46 PM
525 Kids run through - but absolutely full of geese poop. You’d get more use of the park if this was remedied vs pavers
9/2/2022 12:42 PM
526 None 9/2/2022 12:41 PM
527 None 9/2/2022 12:37 PM
528 picnic, sports, playing with children, pets, kids activities/classes 9/2/2022 12:35 PM 529 Hanging out 9/2/2022 12:33 PM
530 Children playings 9/2/2022 12:32 PM
531 Walking/playing with kids 9/2/2022 12:31 PM
532 Playing ball, picnics. 9/2/2022 12:30 PM
533 Bounce house, soccer, running 9/2/2022 12:28 PM
534 Space for kids to run, play tag 9/2/2022 12:28 PM
535 Picnics, games with kids, running around 9/2/2022 12:27 PM 536 Group activities 9/2/2022 12:24 PM
537 None 9/2/2022 12:20 PM
538 Picnic 9/2/2022 12:20 PM
539 Picnicking, lawn games 9/2/2022 12:18 PM
540 Playing futbol 9/2/2022 12:18 PM
541 Different games with kids 9/2/2022 12:16 PM
542 Playing, jump house for picnic area reservation 9/2/2022 12:16 PM 543 None 9/2/2022 12:14 PM
544 None 9/2/2022 12:13 PM
545 Soccer; frisbee; kites. 9/2/2022 12:09 PM
546 Picnics 9/2/2022 12:09 PM
547 lawn games 9/2/2022 12:06 PM
548 Picnics 9/2/2022 12:03 PM
549 Picnic 9/2/2022 12:00 PM
550 Soccer, frisbee, catching balls 9/2/2022 11:54 AM
551 None 9/2/2022 11:52 AM
552 Picnic, throw balls, etc. 9/2/2022 11:49 AM
553 none 9/2/2022 11:49 AM
554 None 9/2/2022 11:48 AM
555 My kids play games on the lawn and we picnic 9/2/2022 11:45 AM 556 None 9/2/2022 11:43 AM
557 We have a yearly picnic there and I hike there every quarter. The lawn area is great for the kids to play while the adults grill.
9/2/2022 11:41 AM
558 Kids used to play there when younger. 9/2/2022 11:41 AM
Oak Meadow Park Outreach Survey
18 / 49
559 picnicing 9/2/2022 11:40 AM
560 Frisbee, picnics 9/2/2022 11:40 AM
561 Kids run around out there. 9/2/2022 11:40 AM
562 Acro yoga, running around, picnicing, frisbee 9/2/2022 11:38 AM 563 Picnics 9/2/2022 11:38 AM
564 We play soccer and the kids chase geese. Sorry geese! 9/2/2022 11:35 AM 565 Birthday parties, playground 9/2/2022 11:35 AM
566 Sports, open play 9/2/2022 11:32 AM
567 frisbee 9/2/2022 11:31 AM
568 Soccer, tag, picnics 9/2/2022 11:30 AM
569 playing ball, running around, picnic 9/2/2022 11:30 AM 570 Frisbee and picnics mostly 9/2/2022 11:28 AM
571 Play with my kids and dog 9/2/2022 11:26 AM
572 Soccer 9/2/2022 11:26 AM
573 Perform concert in bandstand 9/2/2022 11:25 AM
574 Frisbee and kick ball 9/2/2022 11:23 AM
575 Resting 9/2/2022 11:23 AM
576 None because it has goose poop 9/2/2022 11:22 AM
577 Football, soccer, tag… 9/2/2022 11:18 AM
578 n/a 9/2/2022 11:13 AM
579 running around 9/2/2022 11:12 AM
580 picnic and games with children 9/2/2022 11:11 AM
581 Lunch 9/2/2022 11:10 AM
582 Running around, walking, picnic blanket lounging 9/2/2022 11:09 AM 583 None 9/2/2022 11:09 AM
584 Relaxing, playing catch / frisbee, kid’s running around, etc. 9/2/2022 11:06 AM 585 picnic, flying kites, playing ball, tag 9/2/2022 11:06 AM 586 walking da doggies 9/2/2022 11:05 AM
587 soccer, frisbee, football toss 9/2/2022 11:04 AM
588 Frisbee, soccer, lounging 9/2/2022 11:04 AM
589 none 9/2/2022 11:03 AM
590 Casual play and sports. Pic ic 9/2/2022 11:03 AM
591 Parties and play 9/2/2022 11:03 AM
592 Kite flying, ball games 9/2/2022 11:02 AM
593 Birthday party bounce house, music in the park events, kicking soccer ball 9/2/2022 11:02 AM 594 Relax with the kids, have a small picnic 9/2/2022 11:00 AM 595 Sports and games. 9/2/2022 10:59 AM
596 none 9/2/2022 10:58 AM
Oak Meadow Park Outreach Survey
19 / 49
597 Picnic 9/2/2022 10:58 AM
598 None 9/2/2022 10:57 AM
599 Concert, picnics 9/2/2022 10:56 AM
600 none unless there's a holiday event like for 4th of July 9/2/2022 10:52 AM 601 Kids running around and playing... just nice to have such an open space. 9/2/2022 10:51 AM 602 Light kids games 9/2/2022 10:49 AM
603 none 9/2/2022 10:48 AM
604 kids love to run in grass 9/2/2022 10:48 AM
605 Kids like to run and play Frisbee 9/2/2022 10:41 AM 606 Birthday party 9/2/2022 10:40 AM
607 Soccer 9/2/2022 10:37 AM
608 Letting the kids run around 9/2/2022 10:37 AM
609 Ball playing 9/2/2022 10:35 AM
610 Running around and picnics on blanket 9/2/2022 10:34 AM 611 None, it's too covered in goose droppings. 9/2/2022 10:29 AM 612 None 9/2/2022 10:29 AM
613 sitting with friends as kids play 9/2/2022 10:29 AM 614 picnic 9/2/2022 10:28 AM
615 Soccer 9/2/2022 10:27 AM
616 Baseball and grandchildren play on the lawn 9/2/2022 10:24 AM 617 Walking, sitting 9/2/2022 10:15 AM
618 Soccer 9/2/2022 10:13 AM
619 Playing 9/2/2022 9:27 AM
620 none 9/2/2022 9:21 AM
621 Biking around, skating 9/2/2022 9:20 AM
622 None 9/2/2022 9:11 AM
623 frisbee 8/29/2022 12:54 PM
Oak Meadow Park Outreach Survey
20 / 49
23.76% 148
31.46% 196
18.30% 114
0.00% 0
59.87% 373
Q4 Have you attended events at the park in the past (select all the apply) Answered: 623 Skipped: 0
Total Respondents: 623
# OTHER (PLEASE SPECIFY) DATE
1 None 9/19/2022 9:31 PM
2 Company picnick 9/19/2022 2:44 PM
3 Music program (Music in the park?) 9/19/2022 12:32 PM 4 Xmas lights 9/19/2022 10:17 AM
5 Music in the Park 9/19/2022 9:53 AM
6 Community foundation Labor Day dance 9/18/2022 9:02 AM 7 Concerts, Shakespeare 9/17/2022 9:42 PM
8 No 9/17/2022 12:26 PM
9 bring groups for frisbee 9/16/2022 5:16 PM
10 Some jazz performance in the last 9/16/2022 9:45 AM
11 No 9/15/2022 3:05 PM
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Screen on the
Green
Fourth of July
Fun Runs or
Races
Other (please
specify the...
Other (please
specify)
ANSWER CHOICES RESPONSES
Screen on the Green
Fourth of July
Fun Runs or Races
Other (please specify the event)
Other (please specify)
Oak Meadow Park Outreach Survey
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12 Group picnics, park dance 9/15/2022 9:28 AM
13 No 9/14/2022 4:26 PM
14 None 9/14/2022 2:20 PM
15 None 9/13/2022 10:17 PM
16 I wanted to go to screen on the green but was too late. Would love to come to these events in the future
9/13/2022 8:42 PM
17 Summer concert 9/13/2022 7:02 PM
18 Movie night, reading area on the walking path, 9/13/2022 4:54 PM 19 Music events 9/13/2022 12:45 PM
20 None 9/13/2022 11:43 AM
21 Church in the park 9/13/2022 5:58 AM
22 None 9/12/2022 11:34 PM
23 No 9/12/2022 7:45 PM
24 Hippity Hop Egg Hunt 9/12/2022 7:10 PM
25 Graduation 9/12/2022 4:21 PM
26 Birthday parties 9/12/2022 1:41 PM
27 none 9/12/2022 1:25 PM
28 Family & company events 9/12/2022 1:05 PM
29 No 9/12/2022 12:26 PM
30 No 9/12/2022 12:24 PM
31 Picnic Tables on occasion 9/12/2022 11:20 AM
32 Several. Among others our church used to have a service once a year. 9/12/2022 11:20 AM 33 The world needs less hardscape. Not more! With the heatwave we just had, shouldn’t you be considering adding trees and shade rather than pavers?
9/12/2022 11:15 AM
34 Concert 9/12/2022 11:04 AM
35 None 9/12/2022 10:59 AM
36 Lions Club BBQ 9/12/2022 10:53 AM
37 None 9/12/2022 8:11 AM
38 Birthday parties 9/11/2022 7:54 PM
39 bday parties when my child was young 9/11/2022 6:08 PM 40 None 9/11/2022 5:13 PM
41 No 9/11/2022 3:22 PM
42 None 9/11/2022 3:00 PM
43 Bands, orchestras at the bandstand 9/11/2022 2:22 PM 44 Xmas Light Show 9/11/2022 11:48 AM
45 None 9/10/2022 7:14 PM
46 Los Gatos Rotary events 9/10/2022 3:30 PM
47 no 9/9/2022 10:51 PM
48 Just a nice day in the park without any event to make you guys money 9/9/2022 10:38 PM
Oak Meadow Park Outreach Survey
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49 none 9/9/2022 10:36 PM
50 BBQ and picnic 9/9/2022 8:41 PM
51 BJWRR events 9/9/2022 6:22 PM
52 Labor Day concerts 9/9/2022 6:04 PM
53 None 9/9/2022 5:47 PM
54 Birthday parties 9/9/2022 4:35 PM
55 Shakespeare theater 9/9/2022 4:23 PM
56 none 9/9/2022 1:16 PM
57 Trek for Treatments events by the Eric Drew Foundation 9/9/2022 1:01 PM 58 No 9/9/2022 11:55 AM
59 School celebrations (preschool graduation, 8th grade class parties, with DJs, etc) 9/9/2022 9:42 AM 60 None 9/8/2022 6:29 PM
61 Labor Day music festival 9/8/2022 3:38 PM
62 None 9/8/2022 11:21 AM
63 holiday events 9/8/2022 10:28 AM
64 music 9/7/2022 11:53 PM
65 no 9/7/2022 5:37 PM
66 No 9/7/2022 5:03 PM
67 Valley Sport Camp classes 9/7/2022 3:52 PM
68 Rotary BBQ 9/7/2022 2:53 PM
69 Train fund raisers Spaghetti dinners 9/7/2022 12:22 PM 70 No 9/7/2022 3:40 AM
71 none 9/6/2022 10:56 PM
72 concerts 9/6/2022 10:15 PM
73 Listening to music watching the Bands play and Dancing 9/6/2022 9:53 PM 74 No 9/6/2022 9:23 PM
75 Picnics, Train 9/6/2022 9:15 PM
76 birthday party for young children 9/6/2022 4:42 PM
77 Park Dance 9/6/2022 3:20 PM
78 There was no room below to comment, but less hardscape, more greenscape is better. 9/6/2022 1:55 PM 79 Shakespeare in the park 9/6/2022 1:15 PM
80 None 9/6/2022 12:42 PM
81 n/a 9/6/2022 12:41 PM
82 Years ago, but Earth, Wind, and Fire was an amazing event 9/6/2022 12:34 PM 83 None 9/6/2022 12:34 PM
84 Music in the Park, Lion's, LGHS Reunion 9/6/2022 12:31 PM 85 NA 9/6/2022 11:45 AM
86 no 9/6/2022 11:12 AM
Oak Meadow Park Outreach Survey
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87 none 9/6/2022 11:11 AM
88 none 9/6/2022 10:39 AM
89 events 9/6/2022 10:17 AM
90 Lions Club Events 9/6/2022 9:11 AM
91 Shakespeare festival 9/6/2022 9:05 AM
92 None 9/6/2022 8:52 AM
93 Birthday Parties 9/6/2022 8:46 AM
94 No 9/6/2022 8:07 AM
95 Shakespeare and Concerts in past years 9/6/2022 7:15 AM 96 Easter egg hunt 9/6/2022 7:07 AM
97 BJWRR events and volunteer work 9/5/2022 11:51 PM
98 group meetings or events 9/5/2022 9:40 PM
99 Shade is the most valuable asset imo for deciding if people will enjoy a new space, fwiw. They used to have the haunted house or even Shakespeare maybe? If they brought back classy plays or the arts we’d love it!!!!
9/5/2022 8:51 PM
100 Shakespeare in the Park, Haunted House 9/5/2022 7:22 PM 101 private parties 9/5/2022 6:05 PM
102 none 9/5/2022 3:30 PM
103 No 9/5/2022 2:46 PM
104 have not attended events 9/5/2022 1:32 PM
105 None 9/5/2022 10:40 AM
106 None 9/5/2022 10:38 AM
107 Bocce 9/5/2022 10:15 AM
108 No 9/5/2022 9:23 AM
109 None 9/5/2022 9:20 AM
110 None 9/5/2022 7:01 AM
111 None, nature walks only. 9/4/2022 10:35 PM
112 Train 9/4/2022 9:33 PM
113 easter 9/4/2022 6:59 PM
114 Easter egg hunt 9/4/2022 5:48 PM
115 Concerts 9/4/2022 5:14 PM
116 No 9/4/2022 4:42 PM
117 Fundraisers 9/4/2022 4:36 PM
118 Parties 9/4/2022 2:39 PM
119 No 9/4/2022 1:25 PM
120 The huge keg party of 1995 9/4/2022 12:48 PM
121 can't recall 9/4/2022 12:46 PM
122 Rented area for bday 9/4/2022 12:42 PM
123 haunted house 9/4/2022 10:28 AM
Oak Meadow Park Outreach Survey
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124 music 9/4/2022 9:56 AM
125 None 9/4/2022 9:31 AM
126 Birthday parties 9/4/2022 8:59 AM
127 No 9/4/2022 8:56 AM
128 None 9/4/2022 8:49 AM
129 Concert 9/4/2022 7:55 AM
130 Rotary events 9/4/2022 7:46 AM
131 N/a 9/4/2022 7:41 AM
132 No 9/4/2022 7:38 AM
133 Billy Jones Railroad fund raising events. 9/4/2022 6:14 AM 134 Xmas lights 9/4/2022 12:21 AM
135 None 9/3/2022 11:31 PM
136 none 9/3/2022 11:11 PM
137 None 9/3/2022 11:03 PM
138 No 9/3/2022 10:06 PM
139 none 9/3/2022 10:04 PM
140 Theatre 9/3/2022 9:46 PM
141 Random private events…walk thru 9/3/2022 5:55 PM
142 N/A 9/3/2022 5:54 PM
143 This park does not offer any of your selections 9/3/2022 5:51 PM 144 Concerts & dances 9/3/2022 5:11 PM
145 No 9/3/2022 4:26 PM
146 Personal, private events 9/3/2022 4:26 PM
147 None 9/3/2022 4:03 PM
148 Family reunions 9/3/2022 3:20 PM
149 BBQs 9/3/2022 3:12 PM
150 None 9/3/2022 2:52 PM
151 Monte Sereno Picnic 9/3/2022 2:28 PM
152 None 9/3/2022 1:28 PM
153 Graduation 9/3/2022 1:17 PM
154 Shakespeare in the Park 9/3/2022 12:54 PM
155 Easter Egg Hunt 9/3/2022 12:39 PM
156 NOTE: Please have weekly events during summer/Bring back Halloween train event 9/3/2022 12:31 PM 157 None 9/3/2022 12:06 PM
158 No e 9/3/2022 11:02 AM
159 None 9/3/2022 10:40 AM
160 No 9/3/2022 10:24 AM
161 shakespeare in the park 9/3/2022 10:09 AM
Oak Meadow Park Outreach Survey
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162 None 9/3/2022 9:48 AM
163 None 9/3/2022 9:46 AM
164 NA 9/3/2022 9:40 AM
165 None 9/3/2022 9:17 AM
166 Music 9/3/2022 8:51 AM
167 None 9/3/2022 8:39 AM
168 None 9/3/2022 8:15 AM
169 no 9/3/2022 8:09 AM
170 Birthday parties 9/3/2022 8:09 AM
171 none 9/3/2022 7:43 AM
172 I have not 9/3/2022 7:42 AM
173 Light the Night/lls event 9/3/2022 7:34 AM
174 Bday / family parties 9/3/2022 7:08 AM
175 Birthday parties 9/3/2022 6:39 AM
176 None 9/3/2022 6:04 AM
177 None, usually attend events at Vasona Park 9/3/2022 5:31 AM 178 NA 9/3/2022 4:42 AM
179 Fisher graduation; concert; dedication; earth day tree planting; breast cancer 9/3/2022 1:04 AM 180 Los Gatos Park Dance 9/2/2022 11:26 PM
181 Just the Christmas train rude 9/2/2022 10:45 PM
182 None 9/2/2022 9:57 PM
183 No just Festival of Lights at Vasona 9/2/2022 9:57 PM 184 None 9/2/2022 9:19 PM
185 Birthdays 9/2/2022 8:58 PM
186 parties 9/2/2022 8:20 PM
187 No 9/2/2022 8:18 PM
188 None 9/2/2022 8:15 PM
189 Birthday parties 9/2/2022 8:13 PM
190 None 9/2/2022 8:00 PM
191 Easter hunt 9/2/2022 7:36 PM
192 N/A 9/2/2022 7:29 PM
193 Birthday party 9/2/2022 7:19 PM
194 N/A 9/2/2022 6:59 PM
195 No 9/2/2022 6:58 PM
196 None 9/2/2022 6:51 PM
197 none 9/2/2022 6:35 PM
198 Never 9/2/2022 6:35 PM
199 None 9/2/2022 6:31 PM
Oak Meadow Park Outreach Survey
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200 Music, Easter, 9/2/2022 6:17 PM
201 none 9/2/2022 6:16 PM
202 Kiwanis Easter egg hunt 9/2/2022 6:15 PM
203 Christmas Lights 9/2/2022 5:57 PM
204 Some events 9/2/2022 5:55 PM
205 None 9/2/2022 5:51 PM
206 None 9/2/2022 5:50 PM
207 Shakespear 9/2/2022 5:44 PM
208 None 9/2/2022 5:28 PM
209 Birthdays 9/2/2022 5:26 PM
210 Birthday parties 9/2/2022 5:20 PM
211 Shakespeare 9/2/2022 5:13 PM
212 None 9/2/2022 5:04 PM
213 Shakespeare in the park 9/2/2022 5:02 PM
214 none 9/2/2022 4:59 PM
215 None 9/2/2022 4:58 PM
216 LG house party 9/2/2022 4:58 PM
217 gathering with friends 9/2/2022 4:46 PM
218 Halloween and Easter 9/2/2022 4:39 PM
219 none 9/2/2022 4:39 PM
220 Birthday parties 9/2/2022 4:38 PM
221 Comment to response for #5. There is a limited number of parking, so going to an event at Oak Meadow or Vasona Park is not something I would consider 9/2/2022 4:33 PM
222 Easter egg hunt 9/2/2022 4:32 PM
223 earth, wind and fire concert 9/2/2022 4:30 PM
224 Birthday parties 9/2/2022 4:28 PM
225 YSI Camp 9/2/2022 4:27 PM
226 None 9/2/2022 4:20 PM
227 Rotary BBQ's 9/2/2022 4:15 PM
228 none 9/2/2022 4:14 PM
229 None 9/2/2022 4:10 PM
230 None 9/2/2022 4:05 PM
231 Halloween events 9/2/2022 4:05 PM
232 reserved a group area for a family gathering. 9/2/2022 3:47 PM 233 No 9/2/2022 3:47 PM
234 None. It’s always crowded with out of town people 9/2/2022 3:45 PM 235 Birthday parties 9/2/2022 3:42 PM
236 N/a 9/2/2022 3:38 PM
237 Graduation 9/2/2022 3:36 PM
Oak Meadow Park Outreach Survey
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238 class reunions 9/2/2022 3:33 PM
239 The pumpkin patch, the spaghetti dinner 9/2/2022 3:27 PM 240 None 9/2/2022 3:27 PM
241 None 9/2/2022 3:26 PM
242 none 9/2/2022 3:25 PM
243 Company picnic 9/2/2022 3:25 PM
244 No 9/2/2022 3:22 PM
245 Halloween Events, Christmas Train, 9/2/2022 3:14 PM 246 none 9/2/2022 3:12 PM
247 Private events 9/2/2022 3:07 PM
248 Pancake Breakfast 9/2/2022 3:06 PM
249 Birthday Parties 9/2/2022 3:05 PM
250 N/a 9/2/2022 3:05 PM
251 Easter eggs 9/2/2022 3:02 PM
252 None 9/2/2022 2:58 PM
253 None 9/2/2022 2:49 PM
254 none 9/2/2022 2:47 PM
255 Family events 9/2/2022 2:47 PM
256 Concerts 9/2/2022 2:46 PM
257 No events above 9/2/2022 2:46 PM
258 None 9/2/2022 2:44 PM
259 Relay for Life 9/2/2022 2:43 PM
260 All Train events 9/2/2022 2:40 PM
261 private parties 9/2/2022 2:38 PM
262 Easter run 9/2/2022 2:35 PM
263 No 9/2/2022 2:33 PM
264 No, I have never attended one of the park events above. 9/2/2022 2:31 PM 265 Easter Egg Hunt 9/2/2022 2:26 PM
266 None 9/2/2022 2:23 PM
267 None 9/2/2022 2:19 PM
268 Music 9/2/2022 2:18 PM
269 Vasona vibrations 9/2/2022 2:18 PM
270 Don’t waste our money by killing geese and building hot concrete! The geese were something our family enjoyed seeing at the park!
9/2/2022 2:18 PM
271 christmas in the park 9/2/2022 2:14 PM
272 None 9/2/2022 2:12 PM
273 Easter events 9/2/2022 2:12 PM
274 None 9/2/2022 2:09 PM
275 No 9/2/2022 2:08 PM
Oak Meadow Park Outreach Survey
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276 get togethers 9/2/2022 2:07 PM
277 No 9/2/2022 2:07 PM
278 easter egg hunt 9/2/2022 2:07 PM
279 none 9/2/2022 2:06 PM
280 None 9/2/2022 2:04 PM
281 None 9/2/2022 2:02 PM
282 None 9/2/2022 2:02 PM
283 Holiday/Christina’s lights 9/2/2022 2:00 PM
284 there was a music event we attended but it was very windy that day. Also Easter egg hunds 9/2/2022 1:58 PM 285 No 9/2/2022 1:57 PM
286 Hosted my own gathering for friends & family 9/2/2022 1:51 PM 287 Cultural festival, Vasona lights 9/2/2022 1:51 PM
288 None 9/2/2022 1:51 PM
289 None 9/2/2022 1:50 PM
290 n/a 9/2/2022 1:48 PM
291 No. Parking would be an issue for events there 9/2/2022 1:45 PM 292 Private Birthday Parties 9/2/2022 1:42 PM
293 none in the meadow - only xmas lights 9/2/2022 1:34 PM 294 None 9/2/2022 1:33 PM
295 Not yet 9/2/2022 1:33 PM
296 None 9/2/2022 1:32 PM
297 Easter 9/2/2022 1:30 PM
298 none 9/2/2022 1:30 PM
299 No 9/2/2022 1:29 PM
300 none 9/2/2022 1:25 PM
301 None 9/2/2022 1:22 PM
302 N/A 9/2/2022 1:20 PM
303 Easter 9/2/2022 1:19 PM
304 No 9/2/2022 1:18 PM
305 Picnic area for parties 9/2/2022 1:12 PM
306 No 9/2/2022 1:11 PM
307 None 9/2/2022 1:10 PM
308 None 9/2/2022 1:08 PM
309 Train events (Holiday train) 9/2/2022 1:07 PM
310 None 9/2/2022 1:05 PM
311 Billy Jones railroad events 9/2/2022 1:05 PM
312 None 9/2/2022 1:05 PM
313 Easter, Shakespeare 9/2/2022 1:04 PM
Oak Meadow Park Outreach Survey
29 / 49
314 None 9/2/2022 1:03 PM
315 Music in the Park 9/2/2022 1:02 PM
316 none 9/2/2022 1:00 PM
317 would love the hardscape since the geese poop makes sitting unpleasant 9/2/2022 12:58 PM 318 None 9/2/2022 12:58 PM
319 Lights show during xmas 9/2/2022 12:56 PM
320 none 9/2/2022 12:54 PM
321 Halloween haunted house. Would love to have that back! Outdoor plays or Shakespeare would be great
9/2/2022 12:46 PM
322 None 9/2/2022 12:42 PM
323 kids activities/classes 9/2/2022 12:35 PM
324 No 9/2/2022 12:31 PM
325 No 9/2/2022 12:28 PM
326 No 9/2/2022 12:24 PM
327 None 9/2/2022 12:20 PM
328 No 9/2/2022 12:20 PM
329 Shakespeare, concert 9/2/2022 12:18 PM
330 Private events and Vasona Lights. Parking situation prevents us from attending other large scale events.
9/2/2022 12:16 PM
331 None 9/2/2022 12:14 PM
332 field trip 9/2/2022 12:06 PM
333 Labor Day Concerts 9/2/2022 12:03 PM
334 None 9/2/2022 11:52 AM
335 none 9/2/2022 11:49 AM
336 I have not attended an event 9/2/2022 11:43 AM
337 Playing walking 9/2/2022 11:41 AM
338 None 9/2/2022 11:40 AM
339 Birthday parties 9/2/2022 11:40 AM
340 NA 9/2/2022 11:38 AM
341 Birthday parties 9/2/2022 11:35 AM
342 N/A 9/2/2022 11:35 AM
343 Dance in the park 9/2/2022 11:26 AM
344 San Francisco Brass Band concert 9/2/2022 11:25 AM
345 None 9/2/2022 11:18 AM
346 n/a 9/2/2022 11:13 AM
347 we have not attended events but plan to attend the Christmas Train events 9/2/2022 11:12 AM 348 N/a 9/2/2022 11:10 AM
349 Just private event rental 9/2/2022 11:09 AM
350 None 9/2/2022 11:09 AM
Oak Meadow Park Outreach Survey
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351 Have not attended events. 9/2/2022 11:06 AM
352 none 9/2/2022 11:06 AM
353 none 9/2/2022 11:05 AM
354 music and dance 9/2/2022 11:04 AM
355 Vasona Lights 9/2/2022 11:03 AM
356 No large events 9/2/2022 11:02 AM
357 Music in the park 9/2/2022 11:02 AM
358 Walk for a Cure, American Cancer Society 9/2/2022 10:59 AM 359 Lights show 9/2/2022 10:58 AM
360 Easter 9/2/2022 10:52 AM
361 No 9/2/2022 10:51 AM
362 none 9/2/2022 10:48 AM
363 Easter bunny 9/2/2022 10:48 AM
364 none 9/2/2022 10:41 AM
365 none 9/2/2022 10:40 AM
366 Egg hunt 9/2/2022 10:34 AM
367 n/a 9/2/2022 10:29 AM
368 none yet 9/2/2022 10:29 AM
369 None 9/2/2022 10:27 AM
370 None 9/2/2022 10:15 AM
371 Halloween/Christmas train 9/2/2022 10:13 AM
372 none 9/2/2022 9:21 AM
373 None 9/2/2022 9:11 AM
Oak Meadow Park Outreach Survey
31 / 49
82.02% 511
17.98% 112
Q5 Would you attend large scale events such as a summer concert or dance series at the bandstand?
Answered: 623 Skipped: 0
TOTAL 623
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
Oak Meadow Park Outreach Survey
32 / 49
43.82% 273
14.13% 88
42.05% 262
Q6 If the space around the bandstand was more well defined by pavers, concrete or other hardscape, with associated landscaping would you be more inclined to use the space for a private function such as a wedding or party?
Answered: 623 Skipped: 0
TOTAL 623
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
More inclined
Less inclined
The amount of
hardscape wo...
ANSWER CHOICES RESPONSES
More inclined
Less inclined
The amount of hardscape would not change my use of the area
Oak Meadow Park Outreach Survey
33 / 49
Q7 What is your zip code?
Answered: 623 Skipped: 0
# RESPONSES DATE
1 95123 9/19/2022 9:31 PM
2 95033 9/19/2022 7:13 PM
3 95030 9/19/2022 4:08 PM
4 95032 9/19/2022 2:44 PM
5 95030 9/19/2022 12:32 PM
6 95030 9/19/2022 10:17 AM
7 95032 9/19/2022 9:53 AM
8 95032 9/18/2022 9:02 AM
9 95032 9/17/2022 9:42 PM
10 95032 9/17/2022 1:09 PM
11 95136 9/17/2022 12:26 PM
12 95032 9/17/2022 11:50 AM
13 95032 9/16/2022 5:16 PM
14 95033 9/16/2022 1:42 PM
15 95032 9/16/2022 9:45 AM
16 95032 9/15/2022 8:55 PM
17 95032 9/15/2022 3:27 PM
18 95032 9/15/2022 3:05 PM
19 95032 9/15/2022 2:53 PM
20 95032 9/15/2022 2:46 PM
21 95030 9/15/2022 12:17 PM
22 95030 9/15/2022 9:28 AM
23 95030 9/14/2022 5:55 PM
24 95130 9/14/2022 4:26 PM
25 95032 9/14/2022 2:20 PM
26 95126 9/13/2022 10:17 PM
27 95032 9/13/2022 8:42 PM
28 95030 9/13/2022 7:02 PM
29 95129 9/13/2022 5:55 PM
30 95032 9/13/2022 4:54 PM
31 95032 9/13/2022 1:08 PM
32 95123 9/13/2022 12:45 PM
33 95030 9/13/2022 11:43 AM
Oak Meadow Park Outreach Survey
34 / 49
34 95030 9/13/2022 8:39 AM
35 95030 9/13/2022 5:58 AM
36 95032 9/12/2022 11:34 PM
37 95032 9/12/2022 7:45 PM
38 95030 9/12/2022 7:10 PM
39 95032 9/12/2022 5:46 PM
40 95008 9/12/2022 5:36 PM
41 95030 9/12/2022 4:21 PM
42 95030 9/12/2022 3:50 PM
43 95032 9/12/2022 3:27 PM
44 95032 9/12/2022 3:01 PM
45 95032 9/12/2022 2:38 PM
46 95032 9/12/2022 1:57 PM
47 95070 9/12/2022 1:41 PM
48 95030 9/12/2022 1:25 PM
49 95032 9/12/2022 1:05 PM
50 95030 9/12/2022 12:26 PM
51 95129 9/12/2022 12:24 PM
52 95032 9/12/2022 11:20 AM
53 95030 9/12/2022 11:20 AM
54 95030 9/12/2022 11:15 AM
55 95030 9/12/2022 11:06 AM
56 95030 9/12/2022 11:04 AM
57 95050 9/12/2022 10:59 AM
58 95062 9/12/2022 10:54 AM
59 95032 9/12/2022 10:53 AM
60 95111 9/12/2022 8:44 AM
61 95030 9/12/2022 8:28 AM
62 95033 9/12/2022 8:11 AM
63 95030 9/11/2022 8:32 PM
64 95032 9/11/2022 7:54 PM
65 95030 9/11/2022 7:54 PM
66 95032 9/11/2022 6:08 PM
67 95032 9/11/2022 5:13 PM
68 95030 9/11/2022 3:22 PM
69 95032 9/11/2022 3:00 PM
70 95148 9/11/2022 2:22 PM
71 95030 9/11/2022 2:15 PM
Oak Meadow Park Outreach Survey
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72 95030 9/11/2022 2:02 PM
73 95030 9/11/2022 12:42 PM
74 95124 9/11/2022 11:48 AM
75 95030 9/11/2022 10:40 AM
76 95037 9/11/2022 10:34 AM
77 95032 9/11/2022 10:18 AM
78 95032 9/11/2022 9:54 AM
79 95223 9/11/2022 9:32 AM
80 95124 9/10/2022 7:14 PM
81 95033 9/10/2022 6:41 PM
82 95030 9/10/2022 6:15 PM
83 95032 9/10/2022 3:30 PM
84 95030 9/10/2022 2:47 PM
85 95032 9/10/2022 2:07 PM
86 95008 9/10/2022 11:30 AM
87 95030 9/10/2022 9:45 AM
88 95030 9/10/2022 6:42 AM
89 95125 9/10/2022 4:02 AM
90 95032 9/9/2022 10:51 PM
91 95032 9/9/2022 10:38 PM
92 95124 9/9/2022 10:36 PM
93 95014 9/9/2022 8:41 PM
94 95135 9/9/2022 6:22 PM
95 95032 9/9/2022 6:04 PM
96 95932 9/9/2022 5:47 PM
97 95030 9/9/2022 5:34 PM
98 95032 9/9/2022 4:53 PM
99 95030 9/9/2022 4:35 PM
100 95032 9/9/2022 4:23 PM
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103 95123 9/9/2022 11:55 AM
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107 95032 9/8/2022 3:38 PM
108 95030 9/8/2022 1:55 PM
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Oak Meadow Park Outreach Survey
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112 95112 9/8/2022 11:21 AM
113 95030 9/8/2022 10:28 AM
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115 95032 9/7/2022 5:43 PM
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130 95030 9/6/2022 5:31 PM
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134 95032 9/6/2022 1:55 PM
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145 95139 9/6/2022 10:28 AM
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Oak Meadow Park Outreach Survey
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148 95030 9/6/2022 9:28 AM
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158 95136 9/5/2022 11:51 PM
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161 95030 9/5/2022 9:40 PM
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172 95032 9/5/2022 10:40 AM
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180 95032 9/5/2022 7:01 AM
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183 95030 9/4/2022 10:47 PM
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Oak Meadow Park Outreach Survey
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195 95032 9/4/2022 3:48 PM
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Oak Meadow Park Outreach Survey
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258 95030 9/3/2022 12:54 PM
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Oak Meadow Park Outreach Survey
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Oak Meadow Park Outreach Survey
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302 95014 9/2/2022 9:57 PM
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305 95033 9/2/2022 9:19 PM
306 95032-4427 9/2/2022 9:04 PM
307 95032 9/2/2022 8:58 PM
308 95008 9/2/2022 8:47 PM
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Oak Meadow Park Outreach Survey
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Oak Meadow Park Outreach Survey
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Oak Meadow Park Outreach Survey
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434 95032 9/2/2022 2:28 PM
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Oak Meadow Park Outreach Survey
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Oak Meadow Park Outreach Survey
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Oak Meadow Park Outreach Survey
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Oak Meadow Park Outreach Survey
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Oak Meadow Park Outreach Survey
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622 95030 9/2/2022 9:11 AM
623 95110 8/29/2022 12:54 PM
PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Assistant Town Manager, Town Attorney, and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/1/2022
ITEM NO: 11
DATE: October 27, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance, by Title Only, Amending Chapter 29 (Zoning Regulations) of the Town Code to Regulate Urban Lot Splits and Two-Unit Housing Developments in Compliance with Senate Bill 9. Town Code Amendment Application A-22-002. Location: Town-wide. Applicant: Town of Los Gatos.
RECOMMENDATION:
Introduce an ordinance, by tittle only, amending Chapter 29 (Zoning Regulations) of the Town Code to regulate urban lot splits and two-unit housing developments in compliance with Senate Bill 9.
BACKGROUND:
In September 2021, Governor Newsom signed new State law, Senate Bill 9 (SB 9), which went into effect on January 1, 2022 (Exhibit 2 of Attachment 3). SB 9 requires ministerial approval of certain housing development projects and lot splits on a single-family zoned parcel, with the intent to increase residential densities within single-family neighborhoods across the State.
The law allows for two new types of development activities that must be reviewed ministerially without any discretionary action or public input:
Two-unit housing development – Two homes on an eligible single-family residential parcel (whether the proposal adds up to two new housing units or adds one new unit on a parcel with an existing single-family residence).
Urban lot split – A one-time subdivision of an existing single-family residential parcel into two parcels. This would allow up to four units (two units on each new parcel).
PAGE 2 OF 10
SUBJECT: Town Code Amendment Application A-22-002 - Senate Bill 9 DATE: October 27, 2022
BACKGROUND (continued):
In most circumstances, SB 9 will result in the potential creation of four dwelling units on an existing single-family zoned parcel. Single-family zoned parcels are currently permitted three units throughout the State: a primary single-family dwelling; an Accessory Dwelling Unit (ADU); and a Junior ADU (JADU).
SB 9 also outlines how jurisdictions may regulate SB 9 projects. Jurisdictions may only apply objective zoning, subdivision, and design standards to these projects, and these standards may not preclude the construction of up to two units of at least 800 square feet each. Jurisdictions can conduct objective design review, but may not have hearings for units that meet the State rules (with limited exceptions).
On December 21, 2021, Town Council adopted an Urgency Ordinance (Exhibit 3 of Attachment 3) to implement local objective standards for SB 9 applications. This Urgency Ordinance was valid for a period of 45 days. On February 1, 2022, Town Council adopted an extension of the Urgency Ordinance (Exhibit 4 of Attachment 3), making it valid to the end of the calendar year.
The current Urgency Ordinance 2327 is set to expire on December 31, 2022.
On September 21, 2022, the Town hosted a Community Meeting to discuss the development of a permanent SB 9 Ordinance and engage the public in the preparation of the Ordinance.
On September 28, 2022, the Planning Commission met to discuss the draft permanent SB 9 Ordinance and made a recommendation to the Town Council. The Planning Commission received and considered public comments on the draft permanent Ordinance, reviewed the proposed changes, and suggested edits in their recommendation of approval to Town Council (Attachment 5).
DISCUSSION:
The Draft Ordinance presented to Planning Commission (Exhibit 1 of Attachment 3) was based on the Urgency Ordinance adopted by Town Council in February 2022 and modified based on:
State and Regional Agency direction; clarification of initial standards; and reformatted to integrate it within Chapter 29 of the Town Code (Zoning Regulations). On September 28, 2022, the Planning Commission conducted a public hearing, listened to testimony, and reviewed and discussed each of these proposed edits, as well as potential changes based on public input received in the previous year. The Planning Commission discussion points are organized below in three sections: modifications that Planning Commission did not recommend; items that Planning Commission supported, but that do not require modifications; and modifications that the Planning Commission recommended.
PAGE 3 OF 10
SUBJECT: Town Code Amendment Application A-22-002 - Senate Bill 9 DATE: October 27, 2022
DISCUSSION (continued):
A. No Modifications Recommended
The Planning Commission reviewed and discussed the following items and recommended that no modifications be made to the Draft Ordinance. Each of these items were based on comments received from the public, either in writing or made verbally during the hearing. Applicable Zoning Designations. In addition to the requested inclusion of Hillside Residential Zones, which has been included based on State direction, members of the public requested that SB 9 applications be allowed on additional zoning designations, such as multi-family zones where single-family development is a principally permitted use, and any zone where the existing use is single-family.
Planning Commission did not recommend expanding the allowed zones at this time, but felt it may be worth discussion during future iterations and amendments to this Ordinance.
Window Size Limitations. Comments were received regarding the second-story window design standards, requesting that the clerestory and egress minimums be removed for two-story SB 9 units that meet the underlining zoning setback. Because of a desire to ensure privacy impacts are minimized, the Planning Commission did not recommend increasing allowed window sizes.
Second-Story Step-Back. Similar to the topic above, comments were received regarding the second-story step-back requirement, requesting that this be removed for two-story SB 9 units that meet the underlining zoning setbacks. Planning Commission did not recommend this change as the step-back requirement helps to both ensure privacy impacts are minimized, and decrease the mass of a two-story building in accordance with the Residential Design Guidelines. First Unit Size Limitation. Comments were received in opposition to the 1,200- square foot size limitation for the first new SB 9 unit. During the Planning Commission hearing, staff described for the Commission that the size limitation was a specific recommendation of Town Council when adopting the Urgency Ordinance as one method to make one of the units affordable by design. Planning Commission did not recommend changes.
Hillside Zoning Height Limitation. Comments were received regarding the 16-foot height limitations of SB 9 units in the HR zones. This standard was included in the Draft Ordinance following State direction to include HR zones. The Town’s Hillside Development Standards and Guidelines (HDS&G) allows buildings to be a maximum of 18 feet tall when “visible” from the established viewing areas or when located along a significant ridgeline. To ensure that this standard is objective, and to avoid confusion with the existing 16-foot height limitation when a non-hillside zoned SB 9
PAGE 4 OF 10
SUBJECT: Town Code Amendment Application A-22-002 - Senate Bill 9 DATE: October 27, 2022
DISCUSSION (continued):
building footprint is located within the required side or rear setbacks of the applicable zoning district, the Draft Ordinance includes a 16-foot height limit for all HR zoned properties. Planning Commission did not recommend changes. Three-Foot Finished Floor. Comments were received regarding the maximum height that a finished floor can project above finished grade, with a request to increase beyond what was already proposed in the Draft Ordinance. The current Urgency Ordinance limits this area to 18-inches. As SB 9 must now include HR zones, the Draft Ordinance was amended to limit this area to three feet instead of 18- inches for consistency with the HDS&G. The Planning Commission did not recommend any increase beyond what was already proposed in the Draft Ordinance to ensure that buildings are designed to follow grades. 50 Cubic Yards Grading Restriction. Comments were received regarding the 50 cubic yard grading restriction. The Urgency Ordinance states that a SB 9 application shall not exceed the summation of 50 cubic yards, cut plus fill, or require a Grading Permit per Town Code Chapter 12, Article II. This was included for consistency with the Town Code where grading in excess of 50 cubic yards that is not used for building excavation requires a Grading Permit, and Grading Permits require an Architecture and Site application, which is a discretionary permit with a public hearing. As SB 9 requires ministerial review and approval of qualifying projects, the grading restriction was included to ensure SB 9 projects are processed ministerially.
Although the Planning Commission did not remove this restriction, they did recommend that certain grading exemptions be added, which are discussed below. Frontage Requirement. During Planning Commission’s discussion on flag/corridor lot access requirements, there were questions on how projects can comply with the Minimum Public Frontage requirement in Section 29.10.050(a)(4) of the Draft Ordinance when easements are used for access instead of public streets. Planning Commission requested clarification of this requirement. Per the definition of “street” in Town Code Section 29.10.020 (Definitions), “Street means any thoroughfare for the motor vehicle which affords the principal means of access to abutting property, including public and private rights-of-way and easements.” Therefore, no amendments to the Draft Ordinance were made.
B. Planning Commission Support for Certain Suggestions Without Incorporation into the Draft Ordinance
The Planning Commission reviewed and discussed the following items and expressed support and did not recommend modifications to the Draft Ordinance to incorporate them. Fire Department Review. Comments were received requesting that Santa Clara County Fire Department be included in the review of SB 9 ministerial applications.
PAGE 5 OF 10
SUBJECT: Town Code Amendment Application A-22-002 - Senate Bill 9 DATE: October 27, 2022
DISCUSSION (continued):
Although this would not be included in the Ordinance, Planning Commission recommended that this be implemented in the project review process, if possible. Affordability Incentives. During Planning Commission discussion on size limitations and affordability, the Commission requested that consideration be given for incentives and benefits if a unit is deed restricted for affordability. Similar to what is included in Town Code Section 29.10.320 for Accessory Dwelling Units (provided below), certain incentives such as reduced permit fees or no-interest construction loans could be provided for SB 9 units that are made affordable via a deed restriction.
o Town Code Section 29.10.320(a): “Incentive program. Any accessory dwelling unit developed under an Incentive Program which may be established by Resolution of the Town Council shall be made affordable to eligible applicants pursuant to the requirements of the Incentive Program. A deed restriction shall be recorded specifying that the accessory dwelling unit shall be offered at a reduced rent that is affordable to a lower income renter (less than eighty (80) percent AMI) provided that the unit is occupied by someone other than a member of the household occupying the primary dwelling.” C. Recommended Modifications
The Planning Commission reviewed and discussed the following items and recommended modifications on the Draft Ordinance to Town Council. Each of these recommendations have been included in the Draft Ordinance provided as Attachment 2. Flag-Lot Access Easement. Several comments were received from the public regarding the access corridor requirement for flag/corridor lots. The Urgency Ordinance requires that the access corridor for flag/corridor lots be “in fee” as part of the parcel and not as an easement, for consistency with existing Town Code.
Planning Commission recommended that the access corridor be allowed as either “in fee” or as an easement to allow maximum flexibility. This modification was incorporated in Section 29.10.050(a)(1) of the Draft Ordinance. Flag-Lot Width Requirement. Similar to above, several comments were received from the public regarding the access corridor width requirement for flag/corridor lots. The Urgency Ordinance requires a minimum of 20 feet for the access corridor width, which matches the minimum lot width and minimum street frontage requirements. This standard is consistent with the minimum width required for the “corridor” of corridor lots per Town Code Section 29.10.085. Planning Commission recommended reducing this standard to the minimum required by the Santa Clara County Fire Department, which is 12 feet. This modification was incorporated in Sections 29.10.050(a)(1) and (4) of the Draft Ordinance
PAGE 6 OF 10
SUBJECT: Town Code Amendment Application A-22-002 - Senate Bill 9 DATE: October 27, 2022
DISCUSSION (continued):
Minimum Lot Size. Comments were received from the public regarding the minimum lot size calculation in relation to the access corridor for flag/corridor lots.
The Urgency Ordinance states that the minimum lot area for a flag/corridor lot shall be exclusive of the access corridor. This standard was originally included for consistency with Town Code Section 29.10.085, which states that the area of the corridor may not be applied toward satisfying the minimum lot area requirement.
Planning Commission recommended that this standard be removed. If this standard were removed, whichever property owner owned a “fee interest” (as opposed to the “easement interest”) in the access corridor would count the access corridor toward its lot area. This modification was incorporated in Section 29.10.050(a)(2) of the Draft Ordinance. Staff recommends that the Town Council consider the previous language in Exhibit 1 of Attachment 3, excluding the access corridor from the lot area calculation when implemented “in fee,” for consistency with Town Code. Floor Area Ratio and Lot Coverage. Similar to the comment above, comments were received from the public regarding floor area ratio and lot coverage calculations based on lot size. The Urgency Ordinance does not specify, and the Town has not included access corridor owned either “in fee” or as an easement toward the lot area of the owner of the fee interest when calculating maximum allowed floor area ratio and lot coverage. As stated above, Planning Commission expanded the access corridor allowance for flag/corridor lots to include both “in fee” and easements when calculating minimum lot size. In order to provide additional flexibility, the Planning Commission recommended that access corridors owned in fee be counted towards the lot size of the fee owner when measuring floor area and lot coverage.
This modification was incorporated in Section 29.10.630(a)(5) of the Draft Ordinance. Staff recommends that the Town Council consider the previous language in Exhibit 1 of Attachment 3, excluding the access corridor from the net lot area calculation of the flag/corridor lot (whether owned in fee or as an easement) for consistency with Town Code.
New Side Property Lines. Comments were received from the public regarding the new lot line requirement. The Urgency Ordinance requires that the new side lines of all lots shall be at right-angles to streets or radial to the centerline of curved streets.
The Planning Commission recommended removing this requirement as not all neighborhoods in the Town consist of standard rectangular lots. This modification was implemented by removing this standard from Section 29.10.050(a) of the Draft Ordinance reviewed by Planning Commission.
Average Slope Restriction. Comments were received from the public regarding the average slope restriction. In response to the State’s direction to include HR zones, the Draft Ordinance was amended to capture relevant hillside requirements from the HDS&G, including the building restriction on site slopes exceeding 30 percent.
PAGE 7 OF 10
SUBJECT: Town Code Amendment Application A-22-002 - Senate Bill 9 DATE: October 27, 2022
DISCUSSION (continued):
The Planning Commission supported this restriction, and asked that clarification be included to specify that this restriction only applies to portions of the site where a building is proposed, and not the entire site if other portions of the site have slopes that exceed 30 percent. This clarification is provided in Section 29.10.630(a)(8) of the Draft Ordinance.
Grading Exemptions. As discussed in Section A (50 Cubic Yards Grading Restriction) above, several comments were received from the public regarding the 50 cubic yard grading restriction. With the inclusion of HR zones, and increased driveway and fire truck access requirements from the Santa Clara County Fire Department, the 50 cubic yard limitation may be too restrictive. The Planning Commission recommended that grading associated with minimum driveway and fire access requirements be exempted from the 50 cubic yard limitation. Additionally, Planning Commission recommended that clarification be added that excavation within the footprint of the primary dwelling unit or garage, including light wells that do not exceed the minimum required per Building Code, also be exempt. These modifications were incorporated in Section 29.10.630(a)(5) and Table 1-1 of the Draft Ordinance.
Single Driveway Limitation. Comments were received from the public regarding the single driveway requirement. The Urgency Ordinance requires that, “each parcel shall include a single driveway […].” There was concern about the total number of driveways and curb-cuts that could be built on a single parcel. Based on Planning Commission discussion and direction, Section 29.10.630(a)(2) of the Draft Ordinance was amended to state that each parcel shall include no more than a single driveway and curb-cut unless the parcel has more than 100 feet of contiguous street frontage.
The 100-foot rule was derived from the 100-foot minimum frontage requirement in the HR zones and is consistent with what Los Altos Hills uses in their SB 9 Urgency Ordinance.
Primary Structure Definition. During Planning Commission discussion, direction was provided to clarify the “first residential unit” definition in terms of how it relates to “primary dwelling units.” Per the definition of “primary dwelling unit” in Town Code Section 29.10.020 (Definitions), “Primary dwelling unit means a single-family or twofamily dwelling unit located on a lot with no other dwellings on the lot except for accessory dwelling units, whether attached or detached. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation located on the same parcel as the primary dwelling unit.” The definition of “first residential unit” in the Definitions Section (29.10.610) of the Draft Ordinance was modified to replace the term “housing unit” with “primary dwelling unit” for consistency throughout the Draft Ordinance.
PAGE 8 OF 10
SUBJECT: Town Code Amendment Application A-22-002 - Senate Bill 9 DATE: October 27, 2022
DISCUSSION (continued):
D. Additional Topics
“Intent to Occupy.” At its last meeting, the Town Council received public comment regarding a SB 9 subdivided lot that may no longer be occupied by the subdivider.
SB 9 requires that SB 9 subdividers sign affidavits stating that they, “intend to occupy” one of the subdivided lots for three years. SB 9 prohibits local agencies from altering this requirement. As a result, the Town does not have the ability to impose a stricter requirement. In this instance, the Town obtained an affidavit from the subdivider stating that they “intended to occupy” one of the lots for three years.
SB 9’s legislative history provides that the remedy for falsely filling out an affidavit is prosecution for perjury. If the Town were to pursue prosecution for perjury, the Town would need to demonstrate that the property owner never intended to occupy the lot for three years. The Town would also need to contact the District Attorney to discuss prosecution or ask the County to delegate prosecutorial authority to the Town.
Application of Objective Standards. At its last meeting, the Town Council received public comment questioning the applicability of the Town’s discretionary approvals to parcels that have undergone a SB 9 urban lot split. Property owners have the right to invoke SB 9 and seek application of the Town’s objective standards for SB 9 projects. Some property owners have expressed interest in having the ability to undergo the Town’s discretionary approval process (Architecture and Site application) for development of a new residence after the parcel has undergone a SB 9 urban lot split. The proposed ordinance states that applicants invoking SB 9 are eligible for application of the Town’s objective standards. Staff recommends also allowing applicants the ability to seek discretionary review if desired, instead of using the SB 9 two-unit residential development process. Public Notice. At its last meeting, the Town Council discussed the topic of public notice for SB 9 projects. SB 9 projects are “ministerial,” and therefore there is no discretionary review (unless opted into) for applicants who invoke SB 9. Because there is no opportunity for public comment or changes to SB 9 projects, staff does not recommend sending public notices because doing so implies that changes can be made to the project. This is consistent with the Town’s practice for building permits and ADU’s. The Town does list pending SB 9 applications as “Pending Planning Projects” on the Town’s website.
PAGE 9 OF 10
SUBJECT: Town Code Amendment Application A-22-002 - Senate Bill 9 DATE: October 27, 2022
PUBLIC OUTREACH:
Public input has been requested through the following media and social media resources:
An eighth-page public notice in the newspaper;
A poster at the Planning counter at Town Hall and the Los Gatos Library; Email to interested parties;
Community Meeting;
The Town’s website home page, What’s New;
The Town’s Facebook page;
The Town’s Twitter account;
The Town’s Instagram account; and
The Town’s NextDoor page.
Issues raised by the public are identified in the Discussion section of this report.
PUBLIC COMMENT:
Attachment 6 includes additional public comment received between 11:01 a.m., Wednesday, September 23, 2022, and 11:00 a.m., Thursday, October 27, 2022.
CONCLUSION:
Staff recommends that the Town Council introduce an Ordinance of the Town of Los Gatos, by title only, effecting the amendments to Chapter 29 of the Town Code (Attachment 2) to regulate SB 9 urban lot splits and two-unit housing developments, by title only, with any specific changes identified and agreed upon by the majority of the Town Council and make the findings set forth in Attachment 1.
ALTERNATIVES:
Alternatively, the Council may:
1. Continue this item to a date certain with specific direction to staff;
2. Refer the item back to the Planning Commission with specific direction; or
3. Take no action, allowing the Urgency Ordinance to expire without adopting permanent regulations in Town Code.
PAGE 10 OF 10
SUBJECT: Town Code Amendment Application A-22-002 - Senate Bill 9 DATE: October 27, 2022
ENVIRONMENTAL ASSESSMENT:
In accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 ordinances are not a project subject to CEQA.
Attachments:
1. Required Findings
2. Draft Ordinance
3. September 28, 2022 Planning Commission Staff Report with Exhibits 1-7
4. September 28, 2022 Planning Commission Desk Item Report with Exhibit 8
5. September 28, 2022 Planning Commission Verbatim Minutes
6. Public Comment received between 11:01 a.m., Wednesday, September 23, 2022, and 11:00 a.m., Thursday, October 27, 2022
ATTACHMENT 1
TOWN COUNCIL – November 1, 2022
REQUIRED FINDINGS FOR:
Town Code Amendment Application A-22-002
Consider Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding Permanent Regulations to Comply with the Requirements of Senate Bill 9.
FINDINGS
Required Findings for CEQA:
In accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 ordinances are not a project subject to CEQA.
Required Findings for General Plan:
The amendments to Chapter 29 of the Town Code are consistent with the General Plan.
PREPARED BY: RYAN SAFTY
Associate Planner
Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 09/28/2022
ITEM NO: 3
DATE: September 23, 2022
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding Permanent Regulations to Comply with the Requirements of Senate Bill 9. Town Code Amendment Application A-22-002. Location:
Townwide. Applicant: Town of Los Gatos.
RECOMMENDATION:
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding permanent regulations to comply with the requirements of Senate Bill 9 (Exhibit 1) and forward a recommendation to the Town Council.
BACKGROUND:
In September 2021, Governor Newsom signed new State law, Senate Bill 9 (SB 9), which went into effect on January 1, 2022 (Exhibit 2). SB 9 requires ministerial approval of certain housing development projects and lot splits on a single-family zoned parcel, with the intent to increase residential densities within single-family neighborhoods across the State.
The law allows for two new types of development activities that must be reviewed ministerially without any discretionary action or public input:
• Two-unit housing development – Two homes on an eligible single-family residential parcel (whether the proposal adds up to two new housing units or adds one new unit on a parcel with an existing single-family residence).
• Urban lot split – A one-time subdivision of an existing single-family residential parcel into two parcels. This would allow up to four units (two units on each new parcel).
ATTACHMENT 3
PAGE 2 OF 9
SUBJECT: Senate Bill 9
DATE: September 23, 2022
BACKGROUND (continued):
In most circumstances, SB 9 will result in the potential creation of four dwelling units on an existing single-family zoned parcel. Single-family zoned parcels are currently permitted three units throughout the State: a primary single-family dwelling, an Accessory Dwelling Unit (ADU), and a Junior ADU (JADU).
SB 9 also outlines how jurisdictions may regulate SB 9 projects. Jurisdictions may only apply objective zoning, subdivision, and design standards to these projects, and these standards may not preclude the construction of up to two units of at least 800 square feet each. Jurisdictions can conduct objective design review, but may not have hearings for units that meet the State rules (with limited exceptions).
On December 21, 2021, Town Council adopted an Urgency Ordinance (Exhibit 3) to implement local objective standards for SB 9 applications. This Urgency Ordinance was valid for a period of 45 days. On February 1, 2022, Town Council adopted an extension of the Urgency Ordinance (Exhibit 4), making it valid to the end of the calendar year. The current Urgency Ordinance 2327 is set to expire on December 31, 2022.
On September 21, 2022, the Town hosted a Community Meeting to discuss developing a permanent SB 9 Ordinance and foster public participation. A summary of topics discussed is available below.
DISCUSSION:
The Draft Ordinance (Exhibit 1) is based on the Urgency Ordinance adopted by Town Council in February 2022, and modified based on: State and Regional Agency direction; clarification of initial standards; and reformatted to integrate it within Chapter 29 of the Town Code (Zoning Regulations).
A. Amendments per State and Regional Agency Direction
The following is a summary of draft amendments in response to State direction and the Association of Bay Area Governments (ABAG) SB 9 model ordinance:
• Amended Definitions. The definition of single-family residential zone in the Draft Ordinance was amended to include Hillside Residential (HR) zones per the California Department of Housing and Community Development SB 9 Fact Sheet (Exhibit 5).
PAGE 3 OF 9
SUBJECT: Senate Bill 9
DATE: September 23, 2022
DISCUSSION (continued):
• New Definitions. The following definitions were added to the Draft Ordinance to comply with State law and per the direction of the of the ABAG SB 9 model ordinance (Exhibit 6):
o Adjacent parcel;
o Car-share vehicle;
o Common ownership or control;
o First residential unit; and
o Sufficient for separate conveyance.
• Hillside Standards. Based on the amended definition (above) to include HR zoned properties, the following additional standards were added to ensure consistency with the Hillside Development Standards and Guidelines (HDS&G). No hillside standards were included in the Urgency Ordinance as the Town was not anticipating SB 9 projects in these zones.
o Building height: A separate building height limitation of 16 feet has been included for HR zoned properties. The HDS&G allows buildings to be a maximum of 18 feet tall when “visible” from the viewing areas or located along a significant ridgeline. To ensure that this standard is objective, and to avoid confusion with the existing 16-foot height limitation when a nonhillside zoned building footprint is located within the required side or rear setbacks of the applicable zoning district, the Draft Ordinance includes a 16- foot height limit for all HR zoned properties.
o Driveway width: Consistent with the HDS&G requirements, driveway width must be a minimum of 12 feet. This standard would also help ensure that the Santa Clara County Fire Department can approve of the driveway plans when reviewed at building permit stage.
o Driveway slope: Consistent with the HDS&G requirements, driveways cannot exceed 15 percent in slope. This standard would also help ensure that the Santa Clara County Fire Department can approve of the driveway plans when reviewed at building permit stage.
o Cut and fill depths: The maximum cut and fill table from Chapter III of the HDS&G was added for applicable SB 9 site elements to ensure that new construction retains the existing landform of the site and follows the natural contours.
o Least Restrictive Development Area (LRDA): To ensure construction occurs in the most appropriate areas on a hillside parcel, the 30 percent slope restriction for LRDA was added from Chapter II of the HDS&G. o Retaining walls: Consistent with HDS&G requirements, retaining wall restrictions were added to ensure the use of retaining walls are limited and appropriate.
PAGE 4 OF 9
SUBJECT: Senate Bill 9
DATE: September 23, 2022
DISCUSSION (continued):
o Light Reflectivity Value (LRV): Consistent with the HDS&G requirements, the LRV of materials used on HR zoned parcels would be limited to 30 to ensure the building colors blend with the natural vegetation of the hillsides. o Finished floor height: The maximum height that a finished floor can project above grade has been increased from 18-inches to three feet in all zones for better consistency with Chapter V of the HDS&G.
• Exclusion Areas. Prime Farmland and Wetlands are included as an area that is excluded from the SB 9 Ordinance per the ABAG SB 9 model ordinance. • Utility Connections. Utility connection requirements were added per the ABAG SB 9 model ordinance.
• Replacement Housing. A reference to the replacement housing provisions of Government Code Section 66300(d) was added, per the ABAG SB 9 model ordinance, to ensure that existing housing units proposed to be demolished as a part of an SB 9 application will be replaced.
• ADUs. The existing Urgency Ordinance states that new ADUs are not allowed on parcels that have used either SB 9 application type. Based on State direction, ADUs must be allowed on parcels that have not undergone an urban lot split. The ADU references were amended to update this section.
• Owner Attestation. Per the direction of the of the ABAG SB 9 model ordinance, the owner attestation and recorded covenant requirements have been updated.
B. Draft Amendments to Clarify Existing Standards
The following is a summary of amendments recommended by staff to help clarify existing standards. These amendments are included in the Draft Ordinance. The majority of these changes are a result of questions asked by members of the public on the existing Urgency Ordinance.
• Legal Parcel. The legal parcel requirement was amended to specify that applications for any SB 9 application type will only be accepted on proposed parcels with either a recorded parcel map or certificate of compliance. Applicants would no longer be able to submit both a two-unit housing development and urban lot split application concurrently, as the two-unit housing development cannot be approved until the urban lot split is approved and the map is recorded.
PAGE 5 OF 9
SUBJECT: Senate Bill 9
DATE: September 23, 2022
DISCUSSION (continued):
• Floor Area Ratio (FAR). The existing Urgency Ordinance does not specify a cap on the use of the 10 percent FAR increase and is not clear as to how the 10 percent FAR increases are allowed for both two-unit housing developments and ADUs.
Clarification was added to specify that the maximum additional floor area allowed from the 10 percent increase must be used for the first dwelling unit, and is therefore no more than 1,200 square feet. This language is consistent with the use of an FAR bonus for ADUs in current Town Code, and also states that the FAR increase cannot be combined with the increase for an ADU in Town Code Section
29.10.320.
• Trees. Reference to Town Code Chapter 29, Article 1, Division 2 (Tree Protection) was added to ensure that any proposed work complies with the Town’s existing protection, removal, and replacement requirements.
• Windows. The existing Urgency Ordinance states that all second-story windows less than eight feet from rear and interior side property lines shall be clerestory, and that all other second-story windows shall be limited to the minimum size and number required for egress. This effectively restricted all second-story windows to be no more than the minimum needed for egress. The revision increases the distance requirement from eight feet to 10 feet, and removes the “all other” statement so that all second-stories within 10 feet from the side property line can have clerestory windows and larger windows as needed for egress. The intent of this regulation is to reduce potential privacy impacts from new second story windows, while increasing flexibility when those windows have at least a 10-foot setback from the property line.
• Number of Units. A sentence was added to both the two-unit housing development and urban lot split sections of the Draft Ordinance to specify the maximum number of units allowed to be built under these regulations as required by State law. Up to four units (including two primary dwelling units, an ADU, and a JADU) can be built on parcels that have not undergone an urban lot split; and two units (regardless of the unit type) can be built on each of the parcels that result from an urban lot split. • Intent to Occupy. Clarification to the Intent to Occupy requirement for urban lot splits has been added to specify when the three-year occupancy requirement begins, depending on whether an existing residence is retained. • Lot Merger. A sentence was added to clarify that when an owner or applicant splits their parcel and builds additional units with the allowed 10 percent FAR increase, they will then be prohibited from merging the parcels back into a single parcel unless existing Town Code requirements can be met and no new non-conformities are created.
PAGE 6 OF 9
SUBJECT: Senate Bill 9
DATE: September 23, 2022
DISCUSSION (continued):
C. Potential Changes from Public Comment
In the public comment and feedback received by staff since the approval of the Urgency Ordinance (Exhibit 7), there were seven comments that were repeated by several members of the public, which are discussed below:
• Applicable Zones. Comments received requested that HR zones be included in the permanent SB 9 Ordinance. As detailed above, per State direction, the Draft Ordinance has been updated to include HR zones in the single-family residential zone definition. In addition to inclusion of the HR zone, the Planning Commission could consider allowing SB 9 permits within other zoning designations, possibilities could include multi-family zones or in any zone where the existing use is a single-family use. • Grading Limitation. Comments were received related to the grading limitation. Both the existing Urgency Ordinance and drafted updates for the Draft Ordinance include the grading restriction: grading activity shall not exceed the summation of 50 cubic yards, cut plus fill, or require a Grading Permit per Town Code Chapter 12, Article II. The reason for this limitation is for consistency with the Town Code where grading in excess of 50 cubic yards that is not used for building excavation requires a Grading Permit, and Grading Permits require an Architecture and Site application, which is a discretionary permit with a public hearing. As SB 9 requires ministerial review and approval of qualifying applications, the grading restriction was included to ensure SB 9 projects are processed ministerially. Per the Urgency Ordinance and Draft Ordinance, if over 50 cubic yards of grading is needed to develop the site, excluding building excavation, the applicant would need approval of a separate, discretionary Grading Permit. The majority of comments received regarding the grading limitation requested that the excavation exception be expanded to include any grading necessary for driveway and Fire access and turnarounds. Additional clarification could be added to state that lightwells that do not exceed the size required by building code would also be considered excavation to ensure this requirement is implemented objectively. • Fire Review. Comments were received requesting that Santa Clara County Fire Department be included in the review SB 9 ministerial applications. This would not need to be included in this Ordinance, but could be recommended as part of implementation of the project review process.
• Windows. Comments were received regarding the second-story window design standards, requesting that the clerestory and egress minimums be removed for twostory SB 9 units that meet the underlining zoning setbacks. The standards were originally included to minimize privacy impacts as State law limits setbacks to four feet on internal side and rear property lines. As stated above, the Draft Ordinance amends the window standards to decrease restrictions so that all second stories within 10 feet from the side and rear property lines can have clerestory windows and larger windows as needed for egress.
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SUBJECT: Senate Bill 9
DATE: September 23, 2022
DISCUSSION (continued):
• Second-Story Step-Back. Similar to the comment above, comments were received regarding the second-story step-back requirement, requesting that this be removed for two-story SB 9 units that meet the underlining zoning setbacks. This standard provides both a reduction in potential privacy impacts, as well as preventing construction of walls that extend the full height of the new two-story residence. Modification of this standard or replacement with alternative objective standards could be included in Planning Commission’s recommendation to Town Council.
• Size Limit. Comments have been received in opposition to the 1,200-square foot size limitation for the first new SB 9 unit. The original Urgency Ordinance included the 1,200-square foot size limitation for any SB 9 unit. When the Urgency Ordinance was extended, the Town Council modified this section to only apply to the first new unit.
The 1,200-square foot size limitation is consistent with the maximum sizes of ADUs, and the second unit is allowed to use the remainder of the floor area allocated based on the lot’s FAR.
• Frontage Requirement. Comments were received regarding the minimum width required for the access corridor of a flag/corridor lot, as well as the method of recordation of this access area. The Urgency Ordinance and Draft Ordinance require a minimum of 20 feet for the access corridor width, which matches the minimum lot width requirement. This standard is consistent with the minimum width required for the “corridor” of corridor lots per Town Code Section 29.10.085. The comments also raise concerns with the requirement that the access corridor be “in fee” as a part of the parcel and not as an easement; specifically, the feedback urges that the access corridor should count towards the proposed lot sizes. The original Urgency Ordinance and Draft Ordinance both state under the Minimum Lot Size requirement that the minimum lot area for a flag/corridor lot shall be exclusive of the access corridor. This standard is also consistent with Town Code Section 29.10.085, which states that the area of the corridor may not be applied toward satisfying the minimum lot area requirement. The Planning Commission could choose to modify these requirements in their recommendation to Town Council.
D. Public Outreach
Public input has been requested through the following media and social media resources:
• A poster at the Planning counter at Town Hall and the Town Library; • The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
• The Town’s Instagram account; and
• The Town’s Next Door page.
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SUBJECT: Senate Bill 9
DATE: September 23, 2022
DISCUSSION (continued):
In addition to the outreach listed above, the Town held a Community Meeting on September 21, 2022 to foster public participation. Comments received during the meeting included: concerns regarding the grading limitation; the frontage requirement of corridor/flag lots; the 16-foot height limitation for HR zones; the 30 percent slope restriction for building footprints in the HR zones; the three-foot finished floor height limitation; and the right-angle requirement for new side property lines in the HR zones.
Additionally, Town staff received questions regarding: what applicable zones are allowed to use SB 9; how the 40/60 lot split requirement is applied; what the minimum and maximum unit sizes are; whether SB 9 applications are ministerial or discretionary; why the Town was adopting a SB 9 Ordinance; and how many units could be built on residentially zoned parcels prior to SB 9.
PUBLIC COMMENTS:
Multiple public comments (Exhibit 7) have been received since Urgency Ordinance 2327 was adopted at the beginning of 2022. These comments were discussed in the previous section.
ENVIRONMENTAL REVIEW:
This Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to SB 9.
CONCLUSION:
A. Recommendation
Staff recommends that the Planning Commission receive and consider public comments, review the information included in the staff report, provide input on any additional recommended modifications to the Draft Ordinance (Exhibit 1), and forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the Draft Ordinance.
B. Alternatives
Alternatively, the Commission can continue the matter to a date certain with specific direction.
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SUBJECT: Senate Bill 9
DATE: September 23, 2022
EXHIBITS:
1. Draft Permanent SB 9 Ordinance
2. SB 9 Legislation
3. SB 9 Urgency Ordinance 2326
4. SB 9 Urgency Ordinance Extension 2327
5. California Department of Housing and Community Development SB 9 Fact Sheet
6. Association of Bay Area Governments SB 9 Model Ordinance
7. Public Comment received prior to 11:00 a.m., Friday, September 23, 2022
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Ordinance XXXX January 1, 2023
DRAFT ORDINANCE XXXX
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 (ZONING REGULATIONS) REGARDING TWO-UNIT HOUSING
DEVELOPMENTS AND URBAN LOT SPLITS IN ALL
SINGLE-FAMILY RESIDENTIAL ZONES
WHEREAS, the Town of Los Gatos (Town) has adopted a General Plan to ensure a well-planned and safe community; and
WHEREAS, protection of public health, safety, and welfare is fully articulated in the General Plan; and
WHEREAS, State law requires that the Town's Zoning Code conform with the General Plan's goals and policies; and
WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (SB 9), which among other things, adds Government Code Sections 65852.21 and 66411.7 to impose new limits on local authority to regulate two-unit housing developments and urban lot splits; and
WHEREAS, SB 9 requires the Town to provide for the ministerial (or “by right”) approval of a housing development containing no more than two residential units of at least 800 square feet in floor area (two-unit housing development) and a parcel map dividing one existing lot into two approximately equal parts (urban lot split) within a single-family residential zone for residential use; and WHEREAS, SB 9 eliminates discretionary review and public oversight of the proposed subdivision of one lot into two parcels by removing public notice and hearings by the Development Review Committee or Planning Commission, by requiring only administrative review of the project, and by providing ministerial approval of an urban lot split, and also authorizes local agencies to adopt an ordinance allowing for up to a 24- month additional map extension, for the use of an approved or conditionally approved Tentative Parcel Map; and
WHEREAS, SB 9 exempts SB 9 projects from environmental review as required by the California Environmental Quality Act (CEQA), by establishing a ministerial review process without discretionary review or a public hearing, thereby undermining community participation and appropriate environmental impact vetting by local decision making bodies; and
WHEREAS, SB 9 allows the Town to adopt objective zoning and subdivision standards for two-unit housing developments and urban lot splits; and EXHIBIT 1
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WHEREAS, the Town desires to amend its local regulatory scheme to comply with and implement Government Code Sections 65852.21 and 66411.7 and to appropriately regulate projects under SB 9; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Planning Commission for public hearing on September 28, 2022; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on ______________, 2022; and
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS FINDS AND ORDAINS:
Section 1. The Town Council finds and declares that this Ordinance establishes regulations in the Zoning Code to allow two-unit housing developments and urban lot splits as specified by California Government Code Sections 66452.6, 65852.21, and 66411.7, as adopted and amended by SB 9.
Section 2. A new Division 10, “Two-Unit Housing Developments and Urban Lot Splits,” is added to Article I, “In General,” of Chapter 29, “Zoning Regulations,” to read as follows:
“Section 29.10.600. Purpose and Applicability. The Town Council finds and determines that this Ordinance is applicable only to voluntary applications for two-unit housing developments and urban lot splits. Owners of real property or their representatives may continue to exercise rights for property development in conformance with the Zoning Code and Subdivision Code. Development applications that do not satisfy the definitions for a two-unit housing development or an urban lot split provided in Section III (Definitions) shall not be subject to this Ordinance. Any provision of this Division which is inconsistent with SB 9 shall be interpreted in a manner which is the most limiting on the ability to create a two-unit housing development or urban lot split, but which is consistent with State law. The provisions of this Division shall supersede and take precedence over any inconsistent provision of the Town Code to the extent necessary to effect the provisions of this Division.
Section 29.10.610. Definitions. In addition to definitions contained in Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations), the following definitions apply for purposes of this Division. Where a conflict may exist, the definitions in this Division shall apply.
Acting in concert means persons, as defined by Government Code Section 82047, as that section existed on January 1, 2022, acting jointly to pursue development of real
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property whether or not pursuant to a written agreement and irrespective of individual financial interest.
Addition means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.
Adjacent parcel means any parcel of land that is: touching the parcel at any point; separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or separate from another parcel only by other real property which is in common ownership or control of the applicant.
Alteration means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure.
Car-share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.
Common ownership or control means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.
Entry feature means a structural element, which leads to an entry door; Existing structure means a lawfully constructed building that received final building permit clearance prior to January 1, 2022, and which has not been expanded on or after January 1, 2022.
First residential unit means one of two housing units developed under a two-unit housing development, and can be an existing housing unit if it meets or is modified to meet the 1,200-square foot floor area limitation on first residential units.
Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
Two-unit housing development means an application proposing no more than two primary dwelling units on a single parcel located within a single-family residential zone as authorized by Government Code Section 65852.21. A two-unit housing development shall consist of either the construction of no more than two new primary dwelling units, one new primary dwelling unit and retention of one existing primary dwelling unit, or retention of two existing legal non-conforming primary dwelling units where one or both units are subject to a proposed addition or alteration.
Public transportation means a high-quality transit corridor, as defined in subdivision (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3.
Single-family residential zone means a “R-1 or Single-Family residential Zone”, “R-1D or Single-Family Residential Downtown Zone”, or “HR or Hillside Residential Zone” as specified in Article IV, “Residential Zones,” of the Zoning Code.
Subdivision Code means Chapter 24 of the Los Gatos Town Code.
Sufficient for separate conveyance means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a
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common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.
Urban lot split means a ministerial application for a parcel map to subdivide an existing parcel located within a single-family residential zone into two parcels, as authorized by Government Code Section 66411.7.
Zoning code means Chapter 29 of the Los Gatos Town Code.
Section 29.10.620. Eligibility. An urban lot split or a two-unit housing development may only be created on parcels satisfying all of the following general requirements:
A. Zoning District. A parcel that is located within a single-family residential zone.
B. Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and the Town’s Subdivision Regulations in effect at the time the parcel was created. Applications for an urban lot split or two-unit housing development will only be accepted on proposed parcels with either a recorded parcel map or certificate of compliance.
C. Excluding Historic Property. A parcel that does not contain a Historic Structure, as defined Town Code Section 29.10.020, or is not listed on the Town of Los Gatos Historic Resource Inventory, as defined by Town Code Chapter 29, Article VII, Division 3, “Historic Preservation and LHP or Landmark and Historic Preservation Overlay Zone.”
D. Excluding Very High Fire Hazard Severity Zone. A parcel that is not within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development.
E. Excluding Hazardous Waste Sites. A parcel that is not identified as a hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use.
F. Excluding Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the two-unit housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law
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(Part 2.5 (commencing with Section 18901) of Health and Safety Code Division 13), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
G. Excluding Flood Zone. A parcel that is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) on the official maps published by the Federal Emergency Management Agency unless a Letter of Map Revision prepared by the Federal Emergency Management Agency has been issued or if the proposed two-unit housing development is constructed in compliance with the provisions of Town Code Chapter 29, Article XI, “Floodplain Management,” as determined by the floodplain administrator.
H. Excluding Natural Habitat. A parcel that is not recognized by the Town as a habitat for protected species identified as a candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
I. Excluding Prime Farmland and Wetlands. A parcel that contains either prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction; or wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
Section 29.10.630. Requirements. Two-unit housing developments must comply with the following objective zoning standards, design review standards, and general requirements and restrictions.
A. Zoning Standards.The following objective zoning standards supersede any other standards to the contrary that may be provided elsewhere in the Zoning Code, as they pertain to a two-unit housing development under Government Code Section 65852.21. Two-unit housing developments shall be constructed only in accordance with the following objective zoning standards, except as provided by Section D, “Exceptions:”
1. Building Height. Maximum building height shall be as specified by the applicable zoning district for the main structure. Buildings located within the required side or rear setbacks of the applicable zoning district, and those located in the Hillside Residential (HR) zones, shall not exceed 16 feet in height;
2. Driveways. Each parcel shall include a single driveway, and any new driveway shall satisfy the following requirements:
a. A minimum width of 10 feet up to a maximum width of 18 feet. Driveways in the Hillside Residential (HR) zones shall have a minimum width of 12 feet;
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b. A minimum depth of 25 feet measured from the front property line; c. Surfacing shall comply with Town Code Section 29.10.155(e); d. Only a single driveway curb-cut shall be permitted per parcel designed in accordance with the Town’s Standard Specifications and Plans for Parks and Public Works Construction; and
e. A maximum slope of 15 percent.
3. Dwelling Unit Type. The primary dwelling units comprising a two-unit housing development may take the form of detached single-family dwellings, attached units, and/or duplexes. A duplex may consist of two dwelling units in a side-by-side or front-to-back configuration within the same structure or one dwelling unit located atop another dwelling unit within the same structure;
4. Fencing. All new fencing shall comply with the requirements of Section
29.40.030 of the Zoning Code;
5. Floor Area Ratio and Lot Coverage. The maximum floor area ratio and lot coverage shall be as specified by the applicable zoning regulations. The maximum size of the first new residential unit shall not exceed 1,200 square feet. When a two-unit housing development is proposed, a 10 percent increase in the floor area ratio standards for residential structures is allowed, excluding garages, and this increase in floor area cannot be combined with a separate increase for an Accessory Dwelling Unit allowed by Town Code Section 29.10.320. The additional floor area allowed by this subsection shall not exceed 1,200 square feet. Notwithstanding the floor area ratio standards in this subsection, a new two-unit housing development with unit sizes of 800 square feet or less shall be permitted;
6. Grading. Grading activity shall not exceed the summation of 50 cubic yards, cut plus fill, or require a grading permit per Town Code Chapter 12, Article II;
7. Cut and Fill. Two-unit housing developments shall be subject to the cut and fill requirements specified by Table 1-1 (Cut and Fill Requirements) below:
Table 1-1 – Cut and Fill Requirements
Site Element Cut * Fill *
House and attached garage 8’ ** 3’
Detached accessory building * 4’ 3’
Driveways * 4’ 3’
Other (decks, yards) * 4’ 3’
* Combined depths of cut plus fill for development other than the main residence shall be limited to 6 feet.
** Excludes below grade square footage pursuant to Section
29.40.072 of the Town Code.
8. Building Sites. The footprint of the proposed residential unit(s) and garage(s) shall not be located on lands with an average slope exceeding 30 percent;
9. Retaining Walls. Retaining walls shall not exceed five feet in height and shall not run in a straight continuous direction for more than 50 feet without a break, offset,
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or planting pocket. Retaining walls shall have a five-foot landscaped buffer adjacent to the street;
10. Light Reflectivity Value. Exterior material colors for primary buildings and garages in the Hillside Residential (HR) zones shall comply with requirements in Chapter V, Section I, of the Town’s Hillside Development Standards and Guidelines;
11. Landscaping Requirement. All landscaping shall comply with the California Model Water Efficient Landscape Ordinance (MWELO);
12. Lighting. New exterior lighting fixtures shall be downward directed and utilize shields so that no bulb is visible to ensure that the light is directed to the ground surface and does not spill light onto neighboring parcels consistent with Section
29.10.09015 of the Zoning Code;
13. Trees. Any proposed work shall comply with the protection, removal, and replacement requirements for protected trees in Chapter 29, Article 1, Division 2, “Tree Protection,” of Town Code;
14. Minimum Living Area. The minimum living area of a primary dwelling unit shall be 150 square feet, subject to the restrictions specified by Health and Safety Code Section 17958.1;
15. Parking. One parking stall per primary dwelling unit shall be required, except for two-unit housing developments located on parcels within one-half mile walking distance of public transportation; or where there is a designated parking area for one or more car-share vehicles within one block of the parcel. Parking stalls may either be uncovered or covered (garage or carport) in compliance with applicable developments standards of the Zoning Code, including Chapter 29, Article I, Division 4, “Parking,” except that uncovered parking spaces may be provided in a front or side setback abutting a street on a driveway (provided that it is feasible based on specific site or fire and life safety conditions) or through tandem parking;
16. Setbacks. Two-unit housing developments shall be subject to the setback and building separation requirements specified by Table 1-2 (Setback Requirements), below:
Table 1-2 – Setback Requirements
Setback Requirement (2)
Property Line Setbacks (1) Front Per the applicable
zoning district.
Garage Entry 18 feet
Interior Sides 4 feet (3)
Rear
Street Side Per the applicable
zoning district.
Separation Between
Detached Structures (4)
5 feet
Exceptions:
(1) Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys, or other similar architectural features may extend into required setbacks
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17. Stormwater Management. The development shall comply with the requirements of the Town's National Pollution Discharge Elimination System Permit as implemented by Chapter 22 of the Town Code, and as demonstrated by a grading and drainage plan prepared by a registered civil engineer; and
18. New units shall be designed as individual units, with separate gas, electric and water utility connections directly between each dwelling unit and the utility.
B. Design Review Standards
The following objective design review standards apply to construction of new primary dwelling units and to any addition and/or alteration to existing primary dwelling units as part of a two-unit housing development, except as provided by Subsection D below, “Exceptions:”
1. Balconies/Decks. Rooftop and second floor terraces and decks are prohibited. Balconies shall only be permitted on the front- and street-side elevations of a primary dwelling unit fronting a public street. Such balconies shall be without any projections beyond the building footprint;
2. Finished Floor. The finished floor of the firststory shall not exceed three feet in height as measured from finished grade;
3. Front Entryway. A front entryway framing a front door shall have a roof eave that matches or connects at the level of the adjacent eave line;
4. Front Porch. If proposed, porches shall have a minimum depth of six feet and a minimum width equal to 25 percent of the linear width of the front elevation;
5. Step-back. All elevations of the secondstory of a two-story primary dwelling unit shall be recessed by five feet from the first-story, as measured wall to wall;
6. Garages. Street-facing attached garages shall not exceed 50 percent of the linear width of the front-yard or street-side yard elevation;
7. Plate Height. The plate height of each story shall be limited to a maximum of 10 feet as measured from finished floor, and when above the first floor the plate height shall be limited to a maximum of eight feet; and
8. Windows. All second-story windows less than 10 feet from rear and interior side property lines shall be clerestory with the bottom of the glass at least six feet above the finished floor except as necessary for egress purposes as required by the Building Code.
as specified Section 29.40.070(b) of the Zoning Code.
(2) No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
(3) No interior side setback shall be required for two-unit housing development units constructed as attached units on separate lots, provided that the structures meet building code safety standards and are sufficient to allow separate conveyance as a separate fee parcel. (4) Except for primary dwellings constructed as a duplex or attached single-family residences.
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C. General Requirements and Restrictions
The following requirements and restrictions apply to all two-unit housing developments, inclusive of existing and new primary dwelling units, except as provided by Subsection D below, “Exceptions:”
1. Number of Units. A maximum of four units, with a maximum of two primary dwelling units, on lots that have not undergone an urban lot split.
2. Accessory Dwelling Units. In addition to the two residential units allowed under this section, consistent with Chapter 29, Article 1, Division 7, “Accessory Dwelling Units,” of the Town Code, one accessory dwelling unit and one junior accessory dwelling unit shall be allowed on lots that have not undergone an urban lot split.
3. Building and Fire Codes. The International Building Code (“Building Code”), and the California Fire Code and International Fire Code (together, “Fire Code”), as adopted by Chapter 6 of the Town Code, respectively, apply to all two-unit housing developments.
4. Encroachment Permits. Separate encroachment permits, issued by the Parks and Public Works Department, shall be required for the installation of utilities to serve two-unit housing developments. Applicants shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric, and all other utility work.
5. Restrictions on Demolition. The two-unit housing development shall not require either demolition of more than 25 percent of the exterior walls or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. This shall be evidenced by an attestation from the property owner; b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. This shall be evidenced by an attestation from the property owner; or
c. Housing that has been occupied by a tenant in the last three years. This shall be evidenced by an attestation from the property owner.
If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a two-unit housing development shall sign an affidavit, stating that none of the conditions listed above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished) on a form prescribed by the Town.
If any existing dwelling unit is proposed to be demolished, the applicant shall comply with the replacement housing provisions of Government Code Section 66300(d).
6. Recorded Covenant. Prior to building permit issuance, the applicant shall record a restrictive covenant in the form prescribed by the Town, which shall run with the land and provide for the following:
a. A limitation restricting the property to residential uses only; and b. A requirement that any dwelling units on the property may only be rented for a period longer than thirty (30) days.
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D. Exceptions
If any of the provided zoning standards or design review standards would have the effect of physically precluding construction of up to two primary dwelling units or physically preclude either of the two primary dwelling units from being at least 800 square feet in floor area, the Community Development Director shall grant an exception to the applicable standard(s) to the minimum extent necessary as specified by this section. An exception request shall be explicitly made on the application for a two-unit housing development.
1. Determination. In order to retain adequate open space to allow for recreational enjoyment, protection of the urban forest, preservation of the community character, reduction of the ambient air temperature, and to allow for the percolation of rainfall into the groundwater system, when considering an exception request, the Community Development Director shall first determine that a reduction in any other zoning and/or design review standard(s) will not allow the construction of the two-unit housing development as specified by this section prior to allowing an exception(s) to the landscaping requirement, front-yard setback, or street-side setbacks standards.
Section 29.10.640. Application Process for Two-Unit Housing Development.
Applications for two-unit housing developments shall be submitted and processed in compliance with the following requirements:
1. Application Type. Two-unit housing developments shall be reviewed ministerially by the Community Development Director for compliance with the applicable regulations. The permitting provisions of Town Code Sections 29.20.135 through 29.20.160, “Architecture and Site Approval,” shall not be applied;
2. Application Filing. An application for a two-unit housing development, including the required application materials and fees, shall be filed with the Community Development Department;
3. Building Permits. Approval of a two-unit housing development application shall be required prior to acceptance of an application for building permit(s) for the new and/or modified primary dwelling units comprising the two-unit housing development;
4. Denial. The Community Development Director may deny a two-unit housing development project only if the Building Official makes a written finding, based upon a preponderance of the evidence, that the two-unit housing development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and
5. Appeals. Two-unit housing application decisions are ministerial and are not subject to an appeal.
Section 29.10.050. Subdivision Standards. Urban lot splits shall comply with the following objective subdivision standards, and general requirements and restrictions:
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A. Subdivision Standards
The following objective subdivision standards supersede any other standards to the contrary that may be provided in the Zoning Code or Subdivision Code, as they pertain to creation of an urban lot split under Government Code Section 66411.7:
1. Flag/Corridor Lots. The access corridor of a flag/corridor lot (Town Code Section 29.10.085) shall be in fee as part of the parcel and not as an easement and shall be a minimum width of 20 feet;
2. Lot Lines. The new side lines of all lots shall be at right angles to streets or radial to the centerline of curved streets;
3. Minimum Lot Size. Each new parcel shall be approximately equal in lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. In no event shall a new parcel be less than 1,200 square feet in lot area. The minimum lot area for a flag/corridor lot shall be exclusive of the access corridor;
4. Minimum Lot Width. Each new parcel shall maintain a minimum lot width of 20 feet;
5. Minimum Public Frontage. Each new parcel shall have frontage upon a street with a minimum frontage dimension of 20 feet;
6. Number of Lots. The parcel map to subdivide an existing parcel shall result in no more than two parcels; and
7. Lot Merger. Lots resulting from an urban lot split shall not be merged unless that lot merger can be done without loss of housing units and without causing a nonconforming building, lot, or use.
B. General Requirements and Restrictions
The following requirements and restrictions apply to all proposed urban lot splits:
1. Adjacent Parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel as provided for in this Division;
2. Dedication and Easements. The Town Engineer shall not require dedications of rights-of-way nor the construction of offsite improvements but may, however, require recording of easements necessary for the provision of private services, facilities, and future public improvements or future public services, facilities, and future public improvements;
3. Existing Structures. Existing structures located on a parcel subject to an urban lot split shall not be subject to a setback requirement. However, any such existing structures shall not be located across the shared property line resulting from an urban lot split, unless the structure is converted to an attached unit as provided for in Table 1-2 (Setback Requirements, Exception No. 3). All other existing structures shall be modified, demolished, or relocated prior to recordation of a parcel map;
4. Intent to Occupy. The applicant shall submit a signed affidavit to the Community Development Director attesting that the applicant intends to occupy one of
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the housing units on the newly created parcels as their principal residence for a minimum of three years from either:
a. The date of the approval of the urban lot split when the intent is to live in an existing residence; or
b. Certificate of occupancy when the intent is to occupy a newly constructed residential unit.
This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code;
5. Non-Conforming Conditions. The Town shall not require, as a condition of approval, the correction of nonconforming zoning conditions. However, no new nonconforming conditions may result from the urban lot split other than interior side and rear setbacks as specified by Table 1-2 (Setback Requirements, Exception No. 2);
6. Number of Units. No more than two dwelling units may be located on any lot created through an urban lot split, including primary dwelling units, accessory dwelling units, junior accessory dwelling units, density bonus units, and units created as two-unit developments. Any excess dwelling units that do not meet these requirements shall be relocated, demolished, or otherwise removed prior to approval of a parcel map;
7. Prior Subdivision. A parcel created through a prior urban lot split may not be further subdivided. The subdivider shall submit a signed deed restriction to the Community Development Director documenting this restriction. The deed restriction shall be recorded on the title of each parcel concurrent with recordation of the parcel map;
8. Restrictions on Demolition. The proposed urban lot split shall not require either the demolition of more than 25 percent of the exterior walls or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. This shall be evidenced by an attestation from the property owner;
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. This shall be evidenced by an attestation from the property owner; or
c. Housing that has been occupied by a tenant in the last three years.
This shall be evidenced by an attestation from the property owner; If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an urban lot split shall sign an affidavit, stating that none of the conditions listed above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished) on a form prescribed by the Town. The owner and applicant shall also sign an affidavit stating that neither the owner nor applicant,
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nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using and urban lot split;
9. Replacement Units. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d);
10. Recorded Covenant. Prior to approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the Town, which shall run with the land and provide for the following:
a. A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this section;
b. A limitation restricting the properties to residential uses only; and c. A requirement that any dwelling units on the property may not be rented for a period longer than thirty (30) days.
11. Stormwater Management. The subdivision shall comply with the requirements of the Town's National Pollution Discharge Elimination System Permit as implemented by Chapter 22 of the Town Code, and as demonstrated by a grading and drainage plan prepared by a registered civil engineer;
12. Utility Providers. The requirements of the parcel’s utility providers shall be satisfied prior to recordation of a parcel map; and
13. Compliance with Subdivision Map Act. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7.
Section 29.10.060. Application Process for Urban Lot Splits.
Applications for urban lot splits shall be submitted and processed in compliance with the following requirements:
1. Application Type. Urban lot splits shall be reviewed ministerially by the Community Development Director for compliance with the applicable regulations. A tentative parcel map shall not be required;
2. Application Filing. An urban lot split application, including the required application materials and fees, shall be filed with the Community Development Department;
3. Parcel Map. Approval of an urban lot split permit shall be required prior to acceptance of an application for a parcel map for an urban lot split. Applicants shall apply for an Urban Lot Split Parcel Map and pay all fees;
4. Development. Development on the resulting parcels is limited to a project approved by the two-unit housing development process or through the Town’s standard discretionary process;
5. Denial. The Community Development Director may deny an urban lot split only if the Building Official makes a written finding, based upon a preponderance of the evidence, that an urban lot split or two-unit housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health
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and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and
6. Appeals. Urban lot split application decisions are ministerial and are not subject to an appeal.”
Section 29.10.070. Sunset Clause. If SB 9 is repealed or otherwise rescinded by the California State Legislature or by the People of the State of California, this Division shall be repealed.”
Section 3. CEQA. The Council finds and declares that this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA"). SB 9 (Atkins) states that an ordinance adopted to implement the rules of SB 9 is not considered a project under Public Resources Code Division 13 (commencing with Section 21000) (See Government Code Sections 65858.210 and 66411.7(n)).
Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional or otherwise invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council hereby declaresthatit would haveadopted theremainder of this Ordinance, including each section, subsection, sentence, clause, phrase, or portion irrespective of the invalidity of anyother article,section, subsection, sentence, clause, phrase, or portion.
Section 5. Publication. The Town Clerk is directed to publish this Ordinance in a newspaper of general circulation as required by State law. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at lest five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).
Section 6. Effective Date. This ordinance takes effect 30 days after adoption.
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COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
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EXHIBIT 3
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EXHIBIT 4
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California Department of Housing and Community Development SB 9 Fact Sheet
On the Implementation of Senate Bill 9 (Chapter 162, Statutes of 2021)
Housing Policy Development Division
March 2022
EXHIBIT 5
California Department of Housing and Community Development – SB 9 Fact Sheet 1 This Fact Sheet is for informational purposes only and is not intended to implement or interpret SB 9. HCD does not have authority to enforce SB 9, although violations of SB 9 may concurrently violate other housing laws where HCD does have enforcement authority, including but not limited to the laws addressed in this document. As local jurisdictions implement SB 9, including adopting local ordinances, it is important to keep these and other housing laws in mind. The Attorney General may also take independent action to enforce SB 9. For a full list of statutes over which HCD has enforcement authority, visit HCD’s Accountability and Enforcement webpage.
Executive Summary of SB 9
Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. SB 9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income households, and the protection of historic structures and districts. Key provisions of the law require a local agency to modify or eliminate objective development standards on a project-by-project basis if they would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 square feet in size. For the purposes of this document, the terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an accessory dwelling unit (ADU) or junior ADU or otherwise defined.
Single-Family Residential Zones Only (Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) The parcel that will contain the proposed housing development or that will be subject to the lot split must be located in a single-family residential zone. Parcels located in multifamily residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. While some zones are readily identifiable as single-family residential zones (e.g., R-1 “SingleFamily Residential”), others may not be so obvious. Some local agencies have multiple single-family zones with subtle distinctions between them relating to minimum lot sizes or allowable uses. In communities where there may be more than one single-family residential zone, the local agency should carefully review the zone district descriptions in the zoning code and the land use designation descriptions in the Land Use Element of the General Plan. This review will enable the local agency to identify zones whose primary purpose is single-family residential uses and which are therefore subject to SB 9.
Considerations such as minimum lot sizes, natural features such as hillsides, or the permissibility of keeping horses should not factor into the determination.
California Department of Housing and Community Development – SB 9 Fact Sheet 2 Residential Uses Only
(Reference: Gov. Code, §§ 65852.21, subd. (a))
SB 9 concerns only proposed housing developments containing no more than two residential units (i.e., one or two). The law does not otherwise change the allowable land uses in the local agency’s single-family residential zone(s). For example, if the local agency’s single-family zone(s) does not currently allow commercial uses such as hotels or restaurants, SB 9 would not allow such uses.
Ministerial Review
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1)) An application made under SB 9 must be considered ministerially, without discretionary review or a hearing. Ministerial review means a process for development approval involving no personal judgment by the public official as to the wisdom of carrying out the project. The public official merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgment in reaching a decision. A ministerial review is nearly always a “staff-level review.” This means that a staff person at the local agency reviews the application, often using a checklist, and compares the application materials (e.g., site plan, project description, etc.) with the objective development standards, objective subdivision standards, and objective design standards.
Objective Standards
(Reference: Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c)) The local agency may apply objective development standards (e.g., front setbacks and heights), objective subdivision standards (e.g., minimum lot depths), and objective design standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as they would not physically preclude either of the following:
Up to Two Primary Units. The local agency must allow up to two primary units (i.e., one or two) on the subject parcel or, in the case of a lot split, up to two primary units on each of the resulting parcels.
Units at least 800 square feet in size. The local agency must allow each primary unit to be at least 800 square feet in size.
The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. Any objective standard that would physically preclude either or both of the two objectives noted above must be modified or
California Department of Housing and Community Development – SB 9 Fact Sheet 3 waived by the local agency in order to facilitate the development of the project, with the following two exceptions:
Setbacks for Existing Structures. The local agency may not require a setback for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint).
Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board maximum four-foot side and rear setbacks. The local agency may choose to apply a lesser setback (e.g., 0-4 feet), but it cannot apply a setback greater than four feet. The local agency cannot apply existing side and rear setbacks applicable in the single-family residential zone(s). Additionally, the four-foot side and rear setback standards are not subject to modification. (Gov. Code, §§ 65852.21, subd. (b)(2)(B); 66411.7, subdivision (c)(3).)
One-Unit Development
(Reference: Gov. Code, §§ 65852.21, subd. (a); 65852.21, subd. (b)(2)(A)) SB 9 requires the ministerial approval of either one or two residential units. Government Code section 65852.21 indicates that the development of just one single-family home was indeed contemplated and expected. For example, the terms “no more than two residential units” and “up to two units” appear in the first line of the housing development-related portion of SB 9 (Gov. Code, § 65852.21, subd. (a)) and in the line obligating local agencies to modify development standards to facilitate a housing development. (Gov. Code, § 65852.21, subd. (b)(2)(A).)
Findings of Denial
(Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d)) SB 9 establishes a high threshold for the denial of a proposed housing development or lot split. Specifically, a local agency’s building official must make a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Gov. Code, § 65589.5, subd. (d)(2).)