Los Gatos City Council
August 1, 2023

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Item #2, 380 Blackwell Drive
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the opportunity for members of the public who want to speak on Item 2 on the agenda, and I don’t think we have any such people, so we’ll move on and give the Appellant another three minutes if you choose to do so.

LARRY CESNIK: Thank you for setting the agenda
in advance. I didn’t prepare anything necessarily, because I thought my opening remarks on sort of the safety focus was clear, and so I just wanted to say that we’re actually fairly new residents of Los Gatos, we’re trying to be good citizens. We’ve invested, I think, well in the property to hopefully make it a good place for us and our neighbors, and getting to know those neighbors. Just being able to have this ability to have an extra layer of security will be great for us as we continue to enjoy all the good things Los Gatos has to offer. That’s it.

CHAIR BARNETT: Thank you for those comments.

We’ll now close the public portion of the public hearing and ask if any Commissioners have questions of Staff, wish to comment on the appeal, or introduce a motion for
consideration by the Commission? Commissioner Janoff.

COMMISSIONER JANOFF: I’ll kick things off. I
think it’s clear from the Appellant’s statements made
tonight that what he’s looking for for his family is that secondary containment, and it’s really clear to me that the

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gate needs to contain a vehicle in order to make a safety transfer for the son in particular, so my thinking is that the gate is necessary.

The positioning of the gate poses problems for me
because of the 13’ off Blackwell. Even if you’re quick to the handle there still is a possibility that you’re going to be hanging out there while other cars are coming
through, and because of the nature of the intersection
you’ve got that teardrop parklet that prevents you from making a left turn into the driveway, which would be
perhaps safer because you wouldn’t be potentially
obstructing traffic from National Avenue.

My thinking at this time is that I would be in
favor of approving a gate but asking that it be moved to the 18’ mark, even though that creates a setback intrusion on the front of the house. I think that the height of the gate, given the size of the individual, is reasonable. So, again, my thinking is if the same gate and functioning and all can be moved back to create a safer ingress from
National onto Blackwell into the driveway, that would be a recommendation I’m thinking is a reasonable one at this time.

CHAIR BARNETT: Thank you for that. I actually
have a question for you. If the gate were moved back toward

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the face of the ADU, would you envision additional fences on each side of the driveway as part of that?
COMMISSIONER JANOFF: Well, only on the left
side, because there’s a continuous fence from the sidewalk to the corner of the ADU already, so it would just be you’d need a 5’ fence on the left side of the drive.

CHAIR BARNETT: Thank you. Other comments? Vice
Chair Raspe.

VICE CHAIR RASPE: Thank you, Chair. I join 100%
with Commissioner Janoff’s comments. First off, with
respect to fence height, I understand that this fence is 4’-3”, which is higher than the 3’ allowed, but again, in this situation there are security concerns that I think are alleviated with a slightly higher fence, and it seems to me that the purpose of the fence height is to preserve view corridors, and the nature of this fencing is such that you can see clearly through the fence, I don’t think it’s
obstructive in any way, so I would permit the higher fence on the gate.

Then with respect to the gate, again, I believe
it’s a security concern that we should allow a gate, but the location is problematic. Pushing it back to the 18’ setback I think solves the issue. I think it’s achievable with one change, pushing it back with the fencing on one

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side, and I think that addresses the safety concerns for the Applicant and the safety concerns for the drivers of Los Gatos, so I would join Commissioner Janoff in her
recommendations.

CHAIR BARNETT: Thank you for that input.

Commissioner Hanssen.

COMMISSIONER HANSSEN: I have a question for
Staff. The exception that we’re discussing for the special security concern, did you in your analysis consider that as a possible exception? You said you couldn’t make the
findings. I’m just trying to understand what was thought.

SEAN MULLIN: Thank you for the question. Under
review of the original Fence Height Exception Staff wasn’t provided the level of detail on Mr. Cesnik’s son, so we were just presented with, as you can see in the
application, that the son had an illness and what was
looked at was the majority of the property was fenced and it was just the driveway area.

COMMISSIONER HANSSEN: Very good. Can I also make
a comment then? I actually worked on the Fence Ordinance, and I believe Commissioner Janoff was on the Commission with me as well, and to me this seems like a valid
exception for the safety concern, and especially we
appreciate all the information that you shared, and it’s

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not easy to share all that information about your child, so we totally appreciate that to help understand the
situation.

Having said that, I think it’s reasonable to make
the exceptions on the grounds of the special secure
concern, and it doesn’t appear to me that there is another alternative without the vehicular gate.

Having said that, I also see the concern—and
we’ve seen this before on some other applications—with the 18’, it is a very dangerous area around there. Not maybe Blackwell, but National Avenue per se is always very busy, so I would concur with my fellow commissioners that I think that moving the gate back needs to be looked into, but I don’t think it’s problematic to keep a gate that’s 4’-3” high, because the whole reason for the security is to keep the son safe and there’s no reason we can’t go an extra foot.

CHAIR BARNETT: Thank you. Other comments,
questions, motion? Commissioner Thomas.

COMMISSIONER THOMAS: I agree with my fellow
commissioners about the height, but I did have a question for Staff about the parking on that street. I know
obviously on the corner there’s a red zone to protect the view area, but then from the red zone in front of this

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Item #2, 380 Blackwell Drive
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property—on Blackwell, not on National—is there parking? Right in front of that area is there parking, or is the street parking farther down?
SEAN MULLIN: Thank you for the question. I
believe street parking is allowed past the red zone. The Town Engineer, Gary Heap, is available. He may be able to add some clarification.

CHAIR BARNETT: Why don’t we hear from the
engineer in light of that comment?
GARY HEAP: Thank you very much. Gary Heap, Parks
and Public Works. In looking at the aerial of the street view right now. I do see the red curbing there that is in existence from the corner to the driveway approach; I
believe that is there to protect the fire hydrant that is there. If the fire hydrant were not there, parking would be allowed in that area, both on either side of the driveway, but right now because the hydrant is there parking is only allowed on the west side of the driveway.

COMMISSIONER THOMAS: Okay, thank you. I do have
some follow up comments then about that.

CHAIR BARNETT: Please proceed.

COMMISSIONER THOMAS: Okay, thank you. I
understand my fellow commissioners’ concerns about the 18’ to allow for the traffic, but when I was at the site and

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seeing the red area and seeing the ability to pull a car over to wait for the gate to open I am inclined to feel like it is kind of an undue hardship to require this to be set back. I don’t know if there’s truly an added safety benefit that is considered practically addressed,
considering I understand that the fence is there, so I am struggling with that a little bit I guess is what I’m
saying.

I understand that maybe that’s not how we can
necessarily even approach this, but I do think that I agree with everyone about the height of the fence. I do think that the way that it’s built and structured you can see through it. I don’t have a ton of safety concerns or
anything like that, and I completely understand how the additional physical barriers are something that is very important to the safety, so I think that we’re all on the same page it sounds like with considering for the height and special security concerns that exists, but I am kind of curious to hear a little bit more about why we’re feeling like the fence needs to be moved back that 5’.

CHAIR BARNETT: I’d like to ask the Public Works
Director to comment on the visibility issue if the gate is not moved back.

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GARY HEAP: Gary Heap, Town Engineer, Parks and
Public Works. It’s not really a visibility standpoint; it’s a circulation standpoint. The purpose of the code is so that we don’t have vehicles hanging out into the travel lane when there’s a lane right adjacent to the curb, which is not the case here. So, yes, it is in violation, and yes, the vehicle waiting or queuing there would hang out, but it’s within the limits of what the parking area would be.

Does that answer your question?
CHAIR BARNETT: Yes, it does, thank you.

COMMISSIONER THOMAS: Can I just follow up with
that then? That was my assumption that that was the thing, so the car would hang out into like where a parked car
could be. I guess if my understanding is that, my problem is if a car can park there, then people whipping around the corner from National Avenue could run into the back of the car just as easily as they could run into the back of a car pulling into the driveway from my perspective, but maybe I’m wrong.

CHAIR BARNETT: Commissioner Janoff has her hand
up.

COMMISSIONER JANOFF: Just to clarify, the
special security that I would be willing to find for is related to Mr. Cesnik’s son’s needs on the other side of

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the gate, not so much the public’s safety requirements. So in terms of making the finding to allow for the exception, that’s where my thoughts go. So I think we can all agree that a vehicular gate is necessary.

The reason to move it back the 15’ is to allow a
vehicle to clear Blackwell fully as it’s waiting for the gate to open, and the circumstance that comes to my mind is this: it seems likely to me that transport might be in the form of a van; that’s often the type of transport for
individuals. A van is larger than an mini coup or a small car or small sedan, it’s a larger vehicle, and that is
likely to be hanging out into the travel lane on Blackwell, and that’s the issue that I’m seeing that public works is alerting us to the need for the 18’. So we create the 18’ depth from the sidewalk or the property line, whatever the measurement point is, inward. We allow for 18’ there so a vehicle can be on property and not in the travel lane. The gate can open, the vehicle moves in and there’s plenty of space on the other side of the new location of the fence, should it be moved, for that vehicle to park, they get to close, and Mr. Cesnik’s son would be safely able to board the vehicle.

So the 18’ for me is how to keep a vehicle from
hanging out in Blackwell for the length of time that it

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takes the gate to open, understanding that there may be occasions when you’re expecting the vehicle and you might have the gate open, but there may be times when you don’t or you forget, and so I think we need to be cognizant of the reason why we have the 18’ foot requirement, and it does seem to be a requirement that can be satisfied at the same time the Appellant’s needs are being satisfied.

CHAIR BARNETT: Thank you. Any further comments?
Commissioner Thomas.

COMMISSIONER THOMAS: I agree and understand, but
my understanding from what the Town Engineer just said is that because there’s no bike lane the lane is not clearly defined on this street, because it’s just a wide
residential street where you’re able to park on the side of the street. My understanding is because the sidewalk is so big and there’s the little parklet area, it’s like sidewalk and then planting area, then parking, and then travel lane, it seems like there is enough space for a car to queue and not be hanging out, because I agree that is a concern.

CHAIR BARNETT: Commissioner Janoff.

COMMISSIONER JANOFF: I think the issue is that
there is only 13’ available with the present location of the gate and that’s probably not sufficient to accommodate

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the range of vehicles that might be traveling in this
space.

COMMISSIONER THOMAS: I do want to clarify this,
because I think the 13’ is from the gate to the actual
street, correct? Because then there was a car parked beyond that, so if a van is 16’ long, that’s hanging out
into…which is clearly like very close… I mean how wide is a typical car?
SEAN MULLIN: One thing I can offer that might
help is that the 13’ measurement and the 18’ measurement is taken from the edge of the street. That’s where the asphalt would meet the face of the curb, so you’re right in that from there there would be some area that would be
designated for parking and then the actual vehicular travel lane. And again, the Town Engineer may be able to expand on that more eloquently than I.

CHAIR BARNETT: Commissioner Hanssen.

COMMISSIONER HANSSEN: I’m trying to think of the
right way to say this. We’ve had a number of times in
hearings over time where we bring in Parks and Public Works or some outside expert, and so my personal philosophy on this as a Planning Commissioner is that I would never
second guess the judgment of our Town Engineer to determine what’s safe and not safe in terms of the distance, and

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that’s why I would leave it to them to say if 18’ is the number, then 18’ is the number that we need to be safe. For me personally, I wouldn’t want to second guess and try to figure out ways around it. I think it’s best to rely on the expertise of our Parks and Public Works, because they own the responsibility for making sure things are safe.

CHAIR BARNETT: Commissioner Burnett and then
Commissioner Thomas.

COMMISSIONER BURNETT: Thank you, Chair. Again,
my concern is National Avenue. This is a rounded corner, and when cars are coming around they would tend to be
closer to the curb. Because of the configuration of it, it’s not like a square corner that you come at an angle, it would be more rounded, which I would feel it would be even more dangerous to have a car that’s 3’ out into the roadway waiting to go in, so I would support Commissioner Janoff’s and Vice Chair Raspe’s feelings on this.

CHAIR BARNETT: Thank you. Commissioner Thomas.

COMMISSIONER THOMAS: Thank you, and I do agree
that we need to listen to the Town Engineer, so I would like to know what he has to say, because you did mention that the spirit of the best regulation is that we have this much space, but do you feel like where the fence is right

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now allows for enough space to maintain safety in the
spirit of the regulation?
GARY HEAP: What I had stated earlier is the code
says 18’. My professional judgment is there are a number of factors that go into it. The parking lane itself is
typically 8’ in width. Given the 2’ gutter pan, you’re
looking at 6’ there between basically the lip of the gutter and where the parked car could park. We’ve got an
encroachment potentially of a little over 4.5’ into that area. National Avenue has a lot of traffic. I don't know if the side street necessarily has a lot of traffic.

I don’t know about the frequency that we have
actually in terms of the use of the gate on a daily basis.

Is it once a day, twice a day, or every couple of days? I don't know the frequency of that; maybe that’s a question for the Applicant.

In terms of some protocols, in terms of opening
and closing that gate, certainly exiting I don’t see as an issue. Entering is the problem. They could queue in another area, they could queue in the front, they could queue in the red zone for that matter while the gate is opening and then swing in. I don’t get a sense that there’s a huge risk or safety issue with the vehicle that’s hanging out within the parking lane for a limited amount of time, again based

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on the speed of that gate and how fast it opens; I’m not aware of what the foot-per-second rate is on that either and how long that would actually be, but I don’t get the sense that this is a huge safety issue.

COMMISSIONER THOMAS: Thank you.

CHAIR BARNETT: Very well. Commissioner Janoff.

COMMISSIONER JANOFF: Thank you. I think one of
the things that complicate this particular location is the teardrop parklet that has the effect of making it a one-way lane in. Typically when a car is queuing in a normal two lane road the cars that see the car stopped for the gate are going to go around it, and in this particular location there’s no opportunity to go around the car; it’s
effectively a one lane road. I do think that in this case the configuration of the street on Blackwell creates a
narrowing point that complicates… And the teardrop, as I recall, continues past the driveway a little bit, so I
think it just is not close to the corner of National, it’s quite deep and my impression is that you couldn’t turn left into the driveway from Blackwell, so you really just have that narrow lane, so for me it does create a potential
safety issue.

I think the frequency of use, I understand the
reason it’s mentioned but I think it’s a little unfair,

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because we just really don’t know, and you don’t really want to hamper a property owner to say you said it’s only going to be used once a week and now you’re using it every day and it’s creating a safety issue, so I don’t think we need to go down that route.

I do think that there are special circumstances
related to the configuration of the street and the red zone that creates, as I said, a necking, a narrowing of that particular length of Blackwell that would create an issue.

Think if you had a car parked on the other side of the
driveway. You have nowhere for an oncoming car to go. I don’t think a parked car makes a difference is what I’m saying. You’ve got a car that’s sticking out effectively into the travel lane because of the narrow width of this part of the road. I think it’s an issue.

CHAIR BARNETT: Vice Chair Raspe.

VICE CHAIR RASPE: Thanks, Chair. I actually have
a question for Staff. Procedurally we have two issues
before us and it’s one appeal. Could we as a body grant with respect to a part and deny with respect to a part? It seems to me that a consensus is building in that regard. I just want to make sure that what we’re talking about is procedurally proper.

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SEAN MULLIN: I believe so, and the Town Attorney
will also weigh in, I’m sure, but you could also grant the appeal with an added condition to relocate the fence.

VICE CHAIR RASPE: Is there a preference,
Counsel?
ATTORNEY WHELAN: Either way works.

VICE CHAIR RASPE: Thank you so much.

CHAIR BARNETT: Good question. Are we ready for a
motion? I think we are. Commissioner Janoff.

COMMISSIONER JANOFF: I move to approve the
appeal of a Community Development Director decision to deny a Fence Height Exception and request for construction of an automated vehicular gate exceeding the maximum height and with reduced setbacks on property zoned R-1:8 located at 380 Blackwell Drive, APN 424-12-027. I won’t go through the rest of the identifying information; it’s included in
Exhibit 2.

I can make the finding that this is categorically
exempt for CEQA, and I can make the required finding for granting a Fence Height Exception that a special security concern exists that cannot be practically addressed without adding a vehicular gate.

My motion would also request that the gate be
moved back 5’ or 4’-10”, whatever the distance is, to be

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code compliant and provide 18’ for a vehicle to park
outside the closed gate and not hang out into Blackwell Avenue.

CHAIR BARNETT: Thank you for that motion.

Commissioner Hanssen.

COMMISSIONER HANSSEN: I second the motion.

ATTORNEY WHELAN: Before the Commission votes,
just one thing. I would say that it’s conditioned on moving it back 5’ as opposed to making it a request.

COMMISSIONER JANOFF: The maker of the motion
accepts that change in language that it is conditioned upon moving the gate back.

COMMISSIONER HANSSEN: The seconder accepts that
as well.

CHAIR BARNETT: Commissioner Thomas.

COMMISSIONER THOMAS: You said a vehicular gate,
but I also think that we should add that the height needs to exceed the 3’ maximum also.

COMMISSIONER JANOFF: Yes, the maker of the
motion accepts that change that we also approve the
existing height of the existing gate.

COMMISSIONER HANSSEN: I agree, but I think you
already said that in your motion.

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CHAIR BARNETT: All right, so we do have a motion
and a second. Discussion? Commissioner Burnett.

COMMISSIONER BURNETT: Yes, thank you. Do you
need to add to the motion the side fence added on to the left of the gate if the gate is moved back?
COMMISSIONER JANOFF: I would personally say no,
that’s at the discretion of the homeowner. Clearly they’re going to want to add that side. But I do have a question whether we need to talk about the Variance of the setback.

ATTORNEY WHELAN: I would probably amend the
motion to say it’s conditioned on moving the fence back 5’ and a Variance from the 25’ requirement is approved.

JENNIFER ARMER: And I would add that it would be
granting a Fence Height Exception for the fence within that front setback to be greater than the 3’ limitation, and that that includes additional connecting fencing because of the relocation of the gate.

COMMISSIONER JANOFF: The maker of the motion
accepts that language.

COMMISSIONER HANSSEN: I do as well.

CHAIR BARNETT: Commissioner Clark.

COMMISSIONER CLARK: Thank you. I just wanted to
say I personally am torn as to whether I think it’s
necessary to move the gate back, but it looks to me like

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the general consensus from the Commission is that it does and so I’m comfortable voting that way, but I don’t
necessarily think that it’s completely warranted.

CHAIR BARNETT: Thank you for that comment. If
there is no further discussion, I’ll call the question, and we’ll have to do the roll call this time because
Commissioner Clark is not present. We’ll begin with Vice Chair Raspe.

VICE CHAIR RASPE: Yes.

CHAIR BARNETT: Commissioner Hanssen.

COMMISSIONER HANSSEN: Yes.

CHAIR BARNETT: Commissioner Thomas.

COMMISSIONER THOMAS: No.

CHAIR BARNETT: Commissioner Burnett.

COMMISSIONER BURNETT: Yes.

CHAIR BARNETT: Commissioner Janoff.

COMMISSIONER JANOFF: Yes.

CHAIR BARNETT: And Commissioner Clark.

COMMISSIONER CLARK: Yes.

CHAIR BARNETT: Thank you, and the Chair also
votes for the motion, so that passes with one dissent. Are there appeal rights? Thank you.

JENNIFER ARMER: Thank you, Chair. Yes, the
decision of the Commission can be appealed to Town Council

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by any interested person as defined by Town Code Section

29.10.020 within ten days on forms available online with fees paid. Final deadline is 4:00p.m. on the tenth day.

CHAIR BARNETT: Thank you for that.
(END)

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Required 18-foot
vehicular gate setback
25-ft front setback

EDGE OF STREET
15-ft Traffic View Area 15 feet
(E) Gate Location

29.8 feet
Existing driveway length

4.3 ft

25.5 feet
Driveway length after
meeting required setback
Front Property Line
18 feet
ATTACHMENT 6

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ATTACHMENT 7

RESOLUTION

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE A

FENCE HEIGHT EXCEPTION REQUEST FOR CONSTRUCTION OF AN AUTOMATED

VEHICULAR GATE EXCEEDING THE MAXIMUM HEIGHT AND
WITH REDUCED SETBACKS ON PROPERTY ZONED R-1:8.

APN 424-12-027
FENCE HEIGHT EXCEPTION APPLICATION: FHE-23-002
PROPERTY LOCATION: 380 BLACKWELL DRIVE
PROPERTY OWNERS: LARRY CESNIK AND MARTHA JOHNSON
APPELLANT: LARRY CESNIK
APPLICANT: RAMIN ZOHOOR
WHEREAS, on September 13, 2022, the Town issued an administrative warning for a code violation at 380 Blackwell Drive for the unpermitted construction of a vehicular gate that exceeds the three-foot height limitation for a gate located in the required front yard and the traffic view area; and does not meet the required 18-foot setback from the edge of the street. The Town requested that the property owner apply for a Building Permit and indicated that the Town Code offers an exception process that allows for deviations from the Town’s fence regulations if appropriate findings can be made; and
WHEREAS, on February 6, 2023, the property owner applied for an exception to the Town’s fence regulations for the unpermitted construction of a vehicular gate on the subject property that does not comply with the Town Code fence regulations for height and setbacks; and
WHEREAS, on March 6, 2023, the Town denied the exception request because the findings listed in Town Code Section 29.40.0320 could not be made; and WHEREAS, on March 8, 2023, the decision of the Community Development Director to deny the exception request was appealed to the Planning Commission; and WHEREAS, on June 14, 2023, the Planning Commission held a duly-noticed public hearing and considered an appeal of the Community Development Director denial of an exception to the Town’s fence regulations for unpermitted construction of a vehicular gate that exceeds the threefoot height limitation for a gate located in the required front yard and the traffic view area; and Draft Resolution to
be modified by Town
Council deliberations
and direction.

does not meet the required 18-foot setback from the edge of the street; and WHEREAS, on June 14, 2023, the Planning Commission granted the appeal, approving an exception to the Town’s fence regulations by making the required findings that a special security concern exists that cannot be practically addressed through alternatives and that a special circumstance exists where strict enforcement of the fence regulations would result in an undue hardship; and
WHEREAS, the facts in the record that support the findings include the information provided by the appellant at the Planning Commission hearing, detailing the security concerns; and
WHEREAS, the Planning Commission’s approval included additional conditions requiring that the vehicular gate be relocated to comply with the 18-foot setback required by the Town Code and that any additional fencing needed between the relocated vehicular gate and the existing property line fencing be no taller than the height of the existing adjacent fencing; and WHEREAS, on June 21, 2023, the appellant, an interested person, filed a timely appeal of the decision of the Planning Commission approving the exception the Town’s fence regulations with additional conditions; and
WHEREAS, this matter came before the Town Council for public hearing on August 1, 2023, and was regularly noticed in conformance with State and Town law; and WHEREAS, the Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report for their meeting on August 1, 2023, along with any and all subsequent reports and materials prepared concerning this application.

WHEREAS, the Town Council was unable to make the findings required to grant an appeal of a decision of the Planning Commission, in accordance with Town Code section

29.20.275, with the Town Council finding the following:

1. There was not an error or abuse of discretion by the Planning Commission; and

2. The Planning Commission decision is supported by substantial evidence in the record.

NOW, THEREFORE, BE IT RESOLVED:

1. The appeal of the decision of the Planning Commission decision to approve an exception the Town’s fence regulations with additional conditions is denied. The conditions added in the Planning Commission’s decision requiring that the vehicular gate be relocated to comply with the 18-foot setback required by the Town Code and that any additional fencing needed between the relocated vehicular gate and the existing property line fencing be no taller than the height of the existing adjacent fencing are upheld.

2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law.

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 August 2023, 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: ___________________

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Left Blank

PREPARED BY: SEAN MULLIN, AICP
Senior Planner
__________________________________________________________________________________________ Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/01/2023
ITEM NO: 14

ADDENDUM
DATE: July 31, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider an Appeal of a Planning Commission Decision to Approve a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8. Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23- 002. PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT:

Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.

REMARKS:

The Staff Report included a statement that with their appeal, the appellant provided additional information on the medical background of their adult child, and that this information would be provided under separate cover to the Town Council to protect the privacy of the individuals involved. After further review, the information in the Staff Report and Attachments has been deemed sufficient for Town Council consideration.

ATTACHMENTS:

Attachments previously received with the August 1, 2023 Staff Report:

1. June 14, 2023, Planning Commission Staff Report, with Exhibits 1 through 10

2. June 14, 2023, Planning Commission Desk Item, with Exhibit 11

3. June 14, 2023, Planning Commission Action Letter

4. June 14, 2023, Planning Commission Verbatim Minutes

5. Appeal of the Planning Commission decision, received June 21, 2023

6. Annotated Driveway Exhibit Prepared by Staff

7. Draft Resolution to Deny the Appeal and Uphold the Planning Commission Decision

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PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Department Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/01/2023
ITEM NO: 15
DATE: July 27, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider Adoption of a Resolution Modifying the Height Pole and Netting Policy for Additions and New Construction. The Proposed Modifications to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.

RECOMMENDATION:

Consider adoption of a resolution modifying the Height Pole and Netting Policy for Additions and New Construction.

BACKGROUND:

The Town's Height Pole and Netting Policy for Additions and New Construction ("Story Pole Policy") was adopted by the Planning Commission in July of 1998. This policy requires two-foot wide orange netting for all new buildings and second story additions. A requirement for posting of a small sign (2 feet by 2 feet) indicating the public hearing date and approving body was added in September 2002. At that time, exception requests were reviewed by the Community Development Director.

A comprehensive review of the policy was conducted in 2012. On August 5, 2013, Town Council approved an updated policy. Minor additions relating to tree protection were made in 2017 to create the current policy (Attachment 3, Exhibit 1).

As part of recent Town Council considerations of story pole exception requests, staff was asked to bring the Story Pole Policy to Planning Commission for consideration of, and a recommendation to Town Council on, possible modifications.

PAGE 2 OF 6
SUBJECT: Story Pole Policy Modifications
DATE: July 27, 2023
BACKGROUND (continued):

On April 26, 2023, Planning Commission considered potential modifications to the Story Pole Policy (Attachments 3 and 4). The discussion was continued to May 24, 2023, with a request for additional information (Attachment 5).

On May 24, 2023, Planning Commission considered the additional information (Attachments 5, 6, and 7), and forwarded a recommendation to Town Council to modify the existing Story Pole Policy (Attachment 8), as described below.

DISCUSSION:

On May 24, 2023, Planning Commission provided a series of recommendations to Town Council to modify the Story Pole Policy. The recommendations are described below under the following topics: Types of Development Projects; Physical Requirements; Allowances from the Requirements; Public Notice; Exception Process; and Story Pole Plan Requirement. The overall intent of the Planning Commission recommendations was to keep the story pole requirement because of the recognized benefit that it provides within the Town’s development review process, and reduce the burden of the story pole process and installation, particularly for certain types of projects. A draft revised Story Pole Policy with changes red-lined (Attachment 1) reflects the Planning Commission recommendations. The discussion below also includes additional changes identified by staff that the Town Council could choose to add, modify, or incorporate.

A. Types of Development Projects
The current Story Pole Policy applies to the following types of applications:
 New residential (excluding single-story accessory structures) and non-residential buildings.
 Residential second story additions.
 Nonresidential additions exceeding 100 square feet.

The Planning Commission recommendation is to require story poles to be installed for the following project types:

1. Residential projects, if the project includes:
o A new two-story house or second story addition where both of the adjacent neighbors on the same side of the street are single-story homes; or o A request for a variance or exception to physical characteristics of the building(s).

PAGE 3 OF 6
SUBJECT: Story Pole Policy Modifications
DATE: July 27, 2023
DISCUSSION (continued):

2. Properties on the Historic Resource Inventory, if the project includes:
o New buildings (excluding single-story accessory structures); o Residential second story additions; or
o Non-residential additions exceeding 100 square feet.

3. Properties in the Hillside Area as defined in the Hillside Development Standards & Guidelines, if the project includes:
o New buildings; or
o New second story additions.

4. Non-residential projects, if the project includes:
o A request for a variance or exception to physical characteristics of the building(s). o Non-residential additions exceeding 100 square feet; or o New buildings over 50,000 square feet.

In addition to these recommendations, staff recommends consideration of the following:

1. To avoid an unintentional requirement for story poles where not currently required, staff recommends the policy clearly state that they only be required for primary structures.

2. For non-residential projects, staff notes that there is an inconsistency that new structures under 50,000 square feet would not require story poles, but an addition as small as 101 square feet to an existing structure would require story poles. Staff recommends that the 100 square foot addition trigger be revised to apply to additions greater than 50 percent of the existing floor area.

3. A statement specifying how these requirements apply to mixed-use projects. For example, the “residential projects” criteria above could be reworded to applied to single-family, duplex, and triplex projects, and the “non-residential projects” could apply to all others (multi-family, commercial, and mixed-use).

The Planning Commission recommendation provides for the following exemptions:

1. Projects containing a high level of affordable housing.

2. Homes not visible from viewing platforms or the public right-of-way.

The Planning Commission was not specific on the percentage of affordable housing that would need to be included to trigger the recommended exemption. This exemption could be provided to projects proposing 100 percent affordable housing or exceeding the Town’s below market price (BMP) program requirements (Town Code Section 29.10.3025).

PAGE 4 OF 6
SUBJECT: Story Pole Policy Modifications
DATE: July 27, 2023
DISCUSSION (continued):

For example, if the exception were allowed for projects that were double the standard BMP requirements, then it would apply for projects that:
 Contain five (5) or more but less than twenty (20) market rate units and provide 20 percent BMP units;
 Contain from twenty (20) to one hundred (100) market rate units and provide double the number of BMP units calculated through the following formula: 0.225 multiplied by the total number of market rate units minus 2.5; or  Contain more than one hundred (100) market rate units and provide 40 percent BMP units.

For the second recommended exemption, staff notes that story poles are already used to determine visibility of a proposed residential project from viewing platforms. Staff recommends that the reference to visibility from public right-of-way be modified to be “public right-of-way adjacent to the subject property.” B. Physical Requirements
The current Story Pole Policy requires that roof lines be represented by at least two-foot wide orange woven plastic snow fencing. Planning Commission recommends that flag rope be allowed instead of netting when buildings are over 35-feet tall.

C. Allowances from the Requirements
The Planning Commission recommends the following reductions in the standard story pole requirements:

1. Reduce the number of poles required for multi-building developments to only include the tallest structure and those along the perimeters of the site.

2. Limit the length of installation to no more than 30 days after the first public hearing.

3. Allow relocation of story poles when close to property lines, and allow guy wires to attach to existing site features like fences, but not trees.

The Planning Commission did not give specific guidance on the implementation of item 3 above. If Council agrees with this recommendation, staff recommends not allowing guy wires in the public right-of-way or on adjacent private property.

PAGE 5 OF 6
SUBJECT: Story Pole Policy Modifications
DATE: July 27, 2023
DISCUSSION (continued):

D. Public Notice
The Planning Commission recommends the following requirements to ensure that public notice is provided on all projects:

1. Require on-site signage for all publicly noticed projects.

2. Require QR codes and email contact information on signage.

3. Recommend signage earlier in the process.

4. Provide signage standards to ensure visually striking signs.

The Town Council may want to define visually striking signage, the timing of signage installation, and any other parameters. In addition, staff recommends that Town Council consider whether the Story Pole Policy should also include allowance for visual simulations in certain circumstances.

E. Exception Process
The Planning Commission recommendation is that exceptions to the story pole policy be reviewed by the Community Development Director, in place of the existing process which requires Town Council review. Staff recommends that Town Council consider whether to include any specific guidance on when exceptions should be considered/allowed and based on what criteria.

F. Story Pole Plan Requirement
The Planning Commission recommendation is that story pole plans be optional.

PUBLIC OUTREACH:

Staff conducted outreach through the following media and social media resources, as well as direct email communication to the Chamber of Commerce, architects, developers, and story pole installers, as summarized below:
 The Town’s website home page, What’s New;
 The Town’s Facebook page;
 The Town’s Twitter account;
 The Town’s Instagram account;
 The Town’s NextDoor page; and
 Direct email communication to the Chamber of Commerce, architects, developers, and story pole installers.

PAGE 6 OF 6
SUBJECT: Story Pole Policy Modifications
DATE: July 27, 2023
ENVIRONMENTAL ASSESSMENT:

In accordance with CEQA Guidelines Section 15378, the proposed ordinance amendments are not a “project” subject to CEQA because the proposed amendments will not impact the physical environment.

CONCLUSION:

Staff recommends that the Town Council adopt a resolution to adopt the revised Story Pole Policy document based on the Planning Commission’s recommendations (Attachment 2 with Exhibit 1), with findings that the project is not subject to the California Environmental Quality Act [Section 15061(b)(3)] and is consistent with the General Plan; and includes any specific changes agreed upon by the majority of the Town Council.

ALTERNATIVES:

Alternatively, the Town Council may:

1. Continue this item to a date certain with specific direction to staff;

2. Refer this item back to the Planning Commission with specific direction; or

3. Take no action, leaving the policy unchanged.

ATTACHMENTS:

1. Draft Revised Story Pole Policy with Changes Red-Lined

2. Draft Resolution with Exhibit 1

3. April 26, 2023 Planning Commission Staff Report with Exhibits 1-2

4. April 26, 2023 Planning Commission Addendum Report with Exhibit 3

5. April 26, 2023 Planning Commission Verbatim Minutes

6. May 24, 2023 Planning Commission Staff Report with Exhibit 4

7. May 24, 2023 Planning Commission Addendum Report with Exhibit 5

8. May 24, 2023 Planning Commission Desk Item Report with Exhibits 6

9. May 24, 2023 Planning Commission Verbatim Minutes

1 Height Pole, and Netting, and Signage 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:

For residential projects:
• If proposed project is a two-story house or second story addition where the adjacent properties on the same side of the street both contain only single-story houses. • If proposed project includes a variance or exception to the physical characteristics of the primary structure.

For non-residential projects:
• New primary structures that exceed 50,000 square feet. • Non-residential additions exceeding 100 square feet.
• If proposed project includes a variance or exception to the physical characteristics of the primary structure.

For properties in the Historic Resource Inventory:
• New residential (excluding single-story accessory structures) and non-residential buildings.

ATTACHMENT 1

2 • Residential second story additions.
• Non-residential additions exceeding 100 square feet.

For properties in the Hillside Area as defined in the Hillside Development Standards & Guidelines:
• New primary structures.
• New second story additions.

Exemptions:
• Affordable housing projects.
• Projects in the Hillside Area that are not visible from a viewing platform or the public right-of-way.

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, but is not required to, be required to prepare a “Story Pole Plan” to indicate the locations where the poles will be installed. If submitted, tThe 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, the applicant shall inform the project planner and submit photographs showing installation. The story poles shall be installed consistent with the following requirements:

Residential: The height poles and netting shall be installed prior to the neighborhood notification process and shall remain in place until 30 days after the first public hearing on the projectthe 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

3 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. For multibuilding developments, story poles shall only be required for the tallest structures and those along the perimeter of the site.

While guy wires may sometimes be attached to existing fencing or similar onsite structures, pPursuant 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 on-site, the applicant shall provide the project planner with photographs of the story poles taken from a variety of vantage points.

The vantage point from where the photograph was taken shall be indicated on each photograph.

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.

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. For projects over 35-feet in height, flag rope may be allowed instead of netting. Netting/flag rope must be supported by height poles that are strong enough

4 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 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

5 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 bodyCommunity Development Director 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 ManagerCommunity Development Director 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.GH.

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

6 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.

III. Project Identification Signs:

All development applications that must comply with the story pole and netting requirementsinclude public notification 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:

7 • 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.

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

8 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.

Plans can be reviewed on the Town’s website at: www.losgatosca.gov/2216/PendingPlanning-Projects.” The project address, and application number, and a QR code shall be included on the notice sign.

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.

Roofline or edge: The contour or shape of a roof.

This policy was adopted by Town Council on August 1, 2023August 5, 2013 (Resolution 20213-___032)

Draft Resolution Date

DRAFT RESOLUTION

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS AMENDING HEIGHT POLE AND NETTING POLICY FOR

ADDITIONS AND NEW CONSTRUCTION
WHEREAS, the Town's Height Pole and Netting Policy for Additions and New Construction was adopted by the Planning Commission in July of 1998 requiring two-foot wide orange netting for all new buildings and second story additions and a requirement for posting of a small sign (2 feet by 2 feet) indicating the public hearing date and approving body was added in September 2002;
WHEREAS, a comprehensive review of the policy was conducted in 2012. On August 5, 2013, Town Council approved an updated policy, and minor additions relating to tree protection were made in 2017 to create the current policy; WHEREAS, the use of story poles and project identification signs installed on the sites of an active development application has been found to be extremely helpful and important during the course of the Town’s review of those applications by demonstrating the planned rooflines and heights and also provides a visual notice to the community of a forthcoming land use public hearing;
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Planning Commission for public hearings on April 26, 2023, and May 24, 2023;
WHEREAS, on April 26, 2023, and May 24, 2023, the Planning Commission held a public hearing to consider modifications to the Height Pole and Netting Policy for Additions and New Construction. The Planning Commission received and considered public comments, reviewed the document, and provided input to staff on recommended modifications; WHEREAS, on May 24, 2023, the Planning Commission recommended that the Town Council make specific recommended modifications to the Height Pole and Netting Policy for Additions and New Construction; and
ATTACHMENT 2

Draft Resolution Date
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on August 1, 2023.

NOW, THEREFORE, THE TOWN COUNCIL FINDS AND RESOLVES:

1. The revised Height Pole and Netting Policy for Additions and New Construction is consistent with the Town’s General Plan.

2. The revision of the Height Pole and Netting Policy for Additions and New Construction is exempt from CEQA in that it can be seen with certainty that there will not be an impact to the physical environment. [CEQA Guidelines Section 15061(b)(3).]

3. The revised Height Pole and Netting Policy for Additions and New Construction attached hereto as Exhibit 1 is adopted.

Draft Resolution Date
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 August, 2023, 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: __________________

Draft Resolution Date
EXHIBIT 1
Height Pole, Netting, and Signage 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:

For residential projects:
 If proposed project is a two-story house or second story addition where the adjacent properties on the same side of the street both contain only single-story houses.  If proposed project includes a variance or exception to the physical characteristics of the primary structure.

For non-residential projects:
 New primary structures that exceed 50,000 square feet.  Non-residential additions exceeding 100 square feet.
 If proposed project includes a variance or exception to the physical characteristics of the primary structure.

Draft Resolution Date
For properties in the Historic Resource Inventory:
 New residential (excluding single-story accessory structures) and non-residential buildings.
 Residential second story additions.
 Non-residential additions exceeding 100 square feet.

For properties in the Hillside Area as defined in the Hillside Development Standards & Guidelines:
 New primary structures.
 New second story additions.

Exemptions:
 Affordable housing projects.
 Projects in the Hillside Area that are not visible from a viewing platform or the public right-of-way.

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, but is not required to, prepare a “Story Pole Plan” to indicate the locations where the poles will be installed. If submitted, the Story Pole Plan shall be approved by the project planner prior to the placement of the poles on the site. Once the placement of the story poles is complete, the applicant shall inform the project planner and submit photographs showing installation.

The height poles and netting shall be installed prior to the neighborhood notification process and shall remain in place until 30 days after the first public hearing on the project. If 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 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

Draft Resolution Date
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. For multibuilding developments, story poles shall only be required for the tallest structures and those along the perimeter of the site.

While guy wires may sometimes be attached to existing fencing or similar onsite structures, 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 on-site, the applicant shall provide the project planner with photographs of the story poles taken from a variety of vantage points.

The vantage point from where the photograph was taken shall be indicated on each photograph.

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.

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. For projects over 35-feet in height, flag rope may be allowed instead of netting. Netting/flag rope 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.

Draft Resolution Date
E. Public Safety:

All story poles shall be placed, braced, and supported to ensure the health, safety, and general welfare of the public. Applicants shall sign an agreement that holds the Town harmless for any liability associated with the construction of, or damage caused by the story poles. If at any time, the Town determines the story poles to be unsafe, they shall be repaired and reset immediately by the project applicant or, at the Town's discretion, removed. Depending on the scope of the poles, the applicant may be requested to verify with the Building Division of the Community Development Department that no permits and/or inspections are required for the poles.

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.

Draft Resolution Date
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 Community Development Director 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 Community Development Director will review all justifiable requests for an exception to the Story Pole requirement within 14 days of receipt of the request.

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.G.

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.

Draft Resolution Date
 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.

III. Project Identification Signs:

All development applications that include public notification 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 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.

Draft Resolution Date
 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.

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.

Plans can be reviewed on the Town’s website at: www.losgatosca.gov/2216/PendingPlanning-Projects.” The project address, application number, and a QR code shall be included on the notice sign.

Draft Resolution Date
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.

Roofline or edge: The contour or shape of a roof.

This policy was adopted by Town Council on August 1, 2023 (Resolution 2023-___)

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PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 04/26/2023
ITEM NO: 3
DATE: April 21, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Modifications to the Town Height Pole and Netting Policy for Additions and New Construction.

The Proposed Amendments to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.

RECOMMENDATION:

Forward a recommendation to the Town Council on modifications to the Town Height Pole and Netting Policy for Additions and New Construction.

CEQA:

The proposed Amendments to Town policy are not considered a project under the California Environmental Quality Act.

BACKGROUND:

The Town's Height Pole and Netting Policy for Additions and New Construction ("Story Pole Policy ") was adopted by the Planning Commission in July of 1998 requiring two-foot wide orange netting for all new buildings and second story additions. A requirement for posting of a small sign (2 feet by 2 feet) indicating the public hearing date and approving body was added in September 2002. At that time, exception requests were reviewed by the Community Development Director.

A comprehensive review of the policy was conducted in 2012. On August 5, 2013, Town Council approved an updated policy. Minor additions relating to tree protection were made in 2017 to create the current policy (Attachment 1).

ATTACHMENT 3

PAGE 2 of 6
SUBJECT: Story Pole Policy Amendments
DATE: April 21, 2023
BACKGROUND (continued):

As part of recent Town Council considerations of story pole exceptions requests, staff was asked to bring the Story Pole Policy to Planning Commission for consideration of, and a recommendation to Town Council on, possible modifications.

DISCUSSION:

In response to the Town Council request for a review of the Town’s Story Pole Policy, staff has reached out to companies that frequently provide story pole installation in Town and researched where and in what manner story poles are required in nearby agencies.

A survey of the cities in Santa Clara County found that story poles are not required in nine of the cities: Campbell, Cupertino, Gilroy, Los Altos, Morgan Hill, Mountain View, San Jose, Santa Clara, and Sunnyvale. Story poles are required by five: Los Altos Hills, Milpitas, Monte Sereno, Palo Alto, and Saratoga.

The City of Los Altos only recently removed their story pole requirement, on February 14, 2023, as part of the implementation of their Housing Element because they found that the story pole requirement added subjectivity, extended the review process of all development, and added additional cost for a project whereas their other requirements for renderings and 3D Modeling could effectively provide the relationship of the proposed building heights.

As a result of this outreach, the following topics are recommended for discussion and direction:

A. Projects Over 35 Feet in Height
For building heights above 35 feet, especially in areas that have exposure to high winds, the requirement for two-foot netting is problematic. At that height the netting catches the wind and requires numerous repairs during the installation period. In addition, it requires much shorter spans between poles, and therefore the cost of installation increases. Flag rope can span nearly 75 feet as opposed to around 30 feet for the two-foot netting.

Pennant flag rope is preferred by installers for these types of projects because it catches very little wind. This has been allowed for some previous projects with a requirement that two rows of flags be installed. While this is feasible, the installers cautioned that when two rows of flagging are requested they become more difficult to install and usually only one line of flagging can be kept tight.

Should modifications be made to allow one or two rows of flagging for buildings over 35 feet in height?

PAGE 3 of 6
SUBJECT: Story Pole Policy Amendments
DATE: April 21, 2023
DISCUSSION (continued):

B. Projects Located Close to Property Lines/Guy Wires
When projects have very small side setbacks and the pole height is above 20 feet, it is hard to secure the pole safely without the need to obtain permission from the neighboring property to tie off guy wires. As a general rule of thumb, it is helpful to have a setback length that is at least one quarter of the height of the pole. In some cases, because the guy wires were not feasible, large more expensive equipment (construction cranes or lifts) have been used for limited periods of time.

Should modifications be made to allow exceptions like relocation of poles to be set inward from the property line, or allowing guy wires to be attached to fencing for projects with very small setbacks?
C. Projects with Multiple Buildings
The current policy includes the possibility for exceptions for Planned Development applications. Should this section be expanded to apply to any development application that involved more than four buildings?
D. Interference with Existing Residents and Businesses
When projects are located on properties that still have an active use (residential or commercial), the installation and maintenance of story poles can cause safety concerns to the property users and increased risk of damage to or from cars or people.

Should modifications be made to allow flag rope for some of these conditions which could reduce the potential conflicts between poles and property users.

E. Exception Process
The Town’s policy allows the Community Development Director to determine if alternative materials (telephone poles, cranes, etc.) are appropriate for use as story poles. But the current exception process (Exhibit 1, page 4) for alternatives to other aspects of the policy, including the orange woven plastic snow fencing material or placement of poles at all outside building corners and rooflines of all buildings, requires review by Town Council. Of the five other Santa Clara County cities that have a story pole policy, three do not have an exception process stated, and two have an exception process where the authority is placed with the Community Development Director.

Should a modification be made to change the decision maker for exception requests?

PAGE 4 of 6
SUBJECT: Story Pole Policy Amendments
DATE: April 21, 2023
DISCUSSION (continued):

F. Cleanup Edits
In addition, staff recommends some edits that would clean up/clarify information in the existing policy, including updating the references to Town Code and the definition of cellar.

PUBLIC COMMENTS:

Public input has been requested through the following media and social media resources:
• A poster at the Planning counter at Town Hall;
• 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.

CEQA DETERMINATION:

The proposed Amendments to the Town Height Pole and Netting Policy for Additions and New Construction are not considered a project under the California Environmental Quality Act.

CONCLUSION:

A. Summary
The Town of Los Gatos has a Height Pole and Netting Policy for Additions and New Construction, and staff has developed a list of a number of elements that might warrant modification. The discussion topics were developed following research by staff on other story pole policies and with input from local story pole installers.

B. Recommendation
The Story Pole Policy has been forwarded to the Planning Commission for review. Staff recommends that the Planning Commission:

1. Receive and consider public comments;

2. Complete the review of the existing Story Pole Policy;

3. Provide input on any recommended modifications to the Story Pole Policy; and

4. Forward a recommendation to the Town Council to approve modifications to the Story Pole Policy.

PAGE 5 of 6
SUBJECT: Story Pole Policy Amendments
DATE: April 21, 2023
CONCLUSION (continued):

C. Alternatives
Alternatively, the Commission can:

1. Forward a recommendation to the Town Council that no changes be made to the Story Pole Policy; or

2. Continue the matter to a date certain with specific direction to staff.

EXHIBITS:

1. Current Story Pole Policy

2. Story Pole Installer Input

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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:

EXHIBIT 1

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

From: Dallas Rutherford
Sent: Thursday, March 23, 2023 10:08 AM
To: Jennifer Armer
Cc: Ashley Snodgrass; California Story Poles
Subject: Re: Story Poles in Los Gatos
Hi Jennifer,
Thanks for the email.

The Los Gatos story pole policy seems to be pretty clear and works fairly well for majority of residential projects, however, I do have a couple suggestions for taller commercial projects.

The first suggestion would be for heights above somewhere in the 35’ tall range, especially in areas that have exposure to high winds. Using 2’ mesh is quite problematic. Poles shorter than 30’ generally don’t catch much wind and won’t require numerous repairs during the installation period, however, larger projects indeed catch a serious amount of wind, which requires much shorter spans between poles which raises the price. Most other jurisdictions in the bay area allow pennant flag rope for most projects which catches very little wind and generally won't need repairs, as well as less poles. We have been allowed to put up flagging on some tall areas of projects, such as the North 40 project as well as the senior living development on Woods. However, we were told to put 2 rows of flagging which is very difficult to install and usually only one line of flagging can be kept tight. I’m my opinion, the second row does not make it any more visible and only adds to the cost to the property owner.

Second, when commercial projects have very small side setbacks or zero setbacks and the pole height is above 20’ or so it is hard to secure the pole safely without the need to obtain permission from the neighboring property to tie off guy wires to. Allowing poles to be set inward on the property to around 6-8’ of the property line would be the suggestion.

Lastly, when we install poles at a functioning business there are frequently issues where our poles both impair the business and are damaged by cars, pedestrians, or vandalism. The business owners frequently want to remain open during the installation period which is problematic both during the installation itself as well as the period they remain up. I’m not sure what a good solution to this would be short of allowing some problematic poles to be eliminated and to allow flag rope instead of 2’ mesh as it can span nearly 75’ as opposed to around 30’ for the 2’ mesh. This would also make the installation less intrusive and less expensive to the owner. There is also a problem when a closed business is not allowed to have a temporary fence installed around the perimeter. For example, the closed car dealership at Los Gatos Blvd and Los Gatos Almaden Rd. We have installed poles on the proposed buildings on the lot over the last 6 years or so. Each time we have had issues with both cars pulling into the lot and hitting poles or breaking guy wires, as well as pedestrian traffic. The owner did EXHIBIT 2

install bollards to prevent vehicular traffic for this round of poles but I believe they were told they cannot install a temporary perimeter fence during the installation. There are some homeless people whom I believe have repeatedly caused damage to the poles / guy wires. When there is no perimeter on a project we specifically accept no liability for property or personal injury and I believe as part of the approval process the city forces a waiver of liability from the applicant but also requires the poles to be installed. It would only seem fair to me to at a minimum allow a perimeter fencing to be installed by the property owner to protect them from liability.

I hope that was useful, I’d be happy to discuss further if you would like. Feel free to email or call anytime.

Many Thanks,
Dallas Rutherford
Dallas Rutherford
www.californiastorypoles.com

April 20, 2023
To Whom It May Concern:

Story poles are only for a silhouette, not secondary design features such as dormers etc.

Tying to trees is beneficial many times for safety and support, and does not damage trees in any way.

Los Gatos is the only city or county that restricts tying to trees.

Flag poles for many projects are a safe alternative for the taller structures, near power lines or near setbacks where the lines cannot extend off the property site.

Projects should be evaluated within 30 days of installation.

There is no template that can be used for pricing story pole installation, as the staking needs are unique to each project.

Sincerely,
Steve Babcock
Steve Babcock’s Storypoles

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PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 04/26/2023
ITEM NO: 3

ADDENDUM
DATE: April 25, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Modifications to the Town Height Pole and Netting Policy for Additions and New Construction.

The Proposed Amendments to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.

REMARKS:

Exhibit 3 includes public comment received between 11:01 a.m., Friday, April 21, 2023, and 11:00 a.m., Tuesday, April 25, 2023.

EXHIBITS:

Previously received with the April 26, 2023, Staff Report:

1. Current Story Pole Policy

2. Story Pole Installer Input
Received with this Addendum Report:

3. Public Comments received between 11:01 a.m., Friday, April 21, 2023, and 11:00 a.m., Tuesday, April 25, 2023
ATTACHMENT 4

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From: Bess Wiersema
Sent: Friday, April 21, 2023 1:06 PM
To: Jennifer Armer; Joel Paulson
Cc: Gary Kohlsaat; Tony Jeans; Tom Sloan; Jennifer Kretschmer; Louie Leu; Noel Cross; JAY PLETT

ARCHITECT
Subject: Feedback from Local Architects RE: Story Poles Importance: High
[EXTERNAL SENDER]
Jennifer - thanks for reaching out to us, below you will find a summary of our thoughts and concerns. I believe you are sending over info in some sort of staff report today, and we hope this can be included. We are doing our best to get you feedback in a timely fashion- no small task for a group of busy folks - and I am sure you and your team feel the same! Via emails, calls, and some meetings, we (those attached to this email in the CC line) concur on the talking points below. There may also be individuals that have additionally reached out separately or met with Planning to air other concerns, or provide greater detail on certain topics. It is our intent to cull our professional experience and logic around matters Town reaches out on in a concise format so you are not bombarded with Indvidual notes, emails, and meetings. Hopefully this will help you from a timing standpoint - and we hope that PC understands that is a united and thoughtful response by all of us together.

Local architects have a concern about WHY the story pole plan is being revised, especially as we understand that Town is understaffed, and looking to streamline the permit process. While we all are resolved to producing and dealing with this portion of the Planning process, we agree that the policy should be revised - to simplify it, creating less work and cost for both our team and yours, not create more work and excessive costs to our mutual clients, the residents of our Town. It's odd to us that this is a focus over other, more pertinent and far-reaching items we summarize at the end.

We would argue that:
• story poles are more often hurtful rather than helpful, as they are unsightly, lacking character, and often to not accurately define the finished product as related to bulk and mass (nor grading, site retaining walls, other built elements that are architectural features such as stairs, raised planters, terraces, etc. are not represented - this is especially egregious in Hillside projects
• the current story pole process is an overreach: no other local township requires a drawn out process of having a pole plan reviewed and approved prior to install - why not trust the professionals that they are doing there jobs accurately - requiring certification of the poles is plenty to guarantee they are complete and accurate • the requirement that pole plans and signage are reviewed and approved prior to being able to install creates further timeline issues - the industry is impacted, and pole plans are not reviewed by planners until the project is complete, from a planning process standpoint, therefor further delaying the overall process EXHIBIT 3

• we estimate the creating pole plans and story poles install / certification often adds approximately $20K (even more if they have to be adjusted, redone, etc. due to weather, modifications requested at PC, by planners, etc.) to the permit processing portion of the process, not to mention months of time
• story pole plans have too much detail in them, and become more confusing to the layperson when houses have more architectural detail in roof design such as nested hips, dormers, etc., further creating confusion about what the real, final design is all about
• ironically the orange netting has an LRV of approximately 44 (and higher with the neon construction orange color required), which is in direct conflict to Hillside requirements, creating even more issues related to actual visibility
• story poles can damage existing structures when placed for an addition over an existing home, especially with tiled roofs
• no single story new home should be story poled, regardless of location • no single story addition should be story poled
• no story poles should be required if there are added roof elements to a single or two story home that sit within the overall massing the existing roof (such as new dormers) • story pole plans should be simplified, showing the overall main ridges only • there should be an option to not require story poles if immediate neighbors agree that they are not necessary - often neighbors do not what these unsightly poles flopping around, creating an ugly nuisance in their neighborhood - well designed and managed projects should have an opt-out
• an option to create accurate 3D images that are keyed to simple main ridgeline datum points should be available, and would more accurately represent the final product to all parties
We believe it is all of our goal to streamline the permit process and create well designed homes that enhance our community. Story poles only create an unsightly nuisance, that more often creates fear around a project than accurately represents it. They are time consuming and expensive. The current approval process, and the suggestion that almost every portion of the roof must be shown creates more confusing lines for everyone to look at.

There are far more important tasks we believe the Town needs to address related development, and we are happy to help mobilize as a group to provide support for this:
• Most importantly PRC 4290 continues to have a significant negative impact to residential housing and lots, and its interpretation is inconsistent with most of the rest of the state, creating extreme hardship and often destroying entire projects, even on lots deemed legal, buildable lots, that sit within normal neighborhoods that have been annexed into the Town from County not to mention the even more impacted Hillside neighborhoods
• the visibility discussion in Hillside remains unaddressed and is inconsistent with what we believe the intent is, also requiring an excessive amount of work and time like Story Poles

• the recent overturn of the gas ban in the 9th Circuit Court, and the Town's unnecessary (and out of sync with other local jurisdictions, even SC County) full ban rather than a stepped process that allows for gas to remain for a limited number of appliances / use will only continue to create more unsafe and uninspected "after permit" work related to re-installing gas, or adding freestanding propane tanks; we also anticipate more appeals which will take more time and energy for all of us, creating further inconsistency and a culture of haves/ have-nots
Thank you!
Bess Wiersema
principal + owner

From: Adam Mayer
Sent: Sunday, April 23, 2023 10:18 PM
To: Planning <[email protected]>
Subject: Public Comment Item #3 (4/26/23)
[EXTERNAL SENDER]
Dear Director Paulson, Planning Staff & Planning Commission, As an architectural professional, I do not see the point of story poles, especially if a proposed development meets all the local zoning and height limit requirements. I agree with the assessment Los Altos made in recently removing their story pole requirement during their Housing Element process:
"...they found that the story pole requirement added subjectivity, extended the review process of all development, and added additional cost for a project whereas their other requirements for renderings and 3D Modeling could effectively provide the relationship of the proposed building heights." Instead of story poles, I envision requiring a proposed development site to feature signage with 3D renderings within the context of neighboring buildings (perhaps with heights called out) so that the public can get a more accurate visual.

In the future, proposed developments could even offer the ability for curious neighbors to use augmented reality headsets to see what the actual building would look like on its site (as opposed to a collection of rods and netting, which don't do a great job of representing what a building will ultimately look like, and in some cases cause safety hazards as noted in the staff report).

At the very least, I suggest removing the story pole requirement for single-family residential projects within the height limit. However, if a project asks for a height variance, then story poles could be required to understand how tall the proposed home will be beyond the height limit.

On a professional level, story poles are generally an added burden to the design process. The time and financial resources developing story pole plans could be better used to design a better building and make more accurate 3D renderings for visual representation.

Thanks,
Adam Mayer
--
Adam N. Mayer AIA, LEED AP BD+C, WELL AP
95129
studio-ama.com

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A P P E A R A N C E S:

Los Gatos Planning
Commissioners:

Jeffrey Barnett, Chair
Steve Raspe, Vice Chair
Susan Burnett
Melanie Hanssen
Kathryn Janoff
Emily Thomas
Town Manager: Laurel Prevetti
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 5

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P R O C E E D I N G S:

CHAIR BARNETT: We’ll move onto Agenda Item 3,
which is also a request for a recommendation to the Town Council, this time on Modification to the Town Height Pole and Netting Policy for Additions and New Construction, and the proposed amendments to the Town policy are not
considered a project under CEQA.

I’ll ask if Staff has a presentation on this
matter?
JENNIFER ARMER: Good evening, Chair, Vice Chair,
Commissioners. The item in front of you is consideration of changes to the Town’s Height Pole and Netting Policy, often referred to as the Story Pole Policy.

This discussion was requested by Town Council as
part of recent discussion of requests for exceptions to the current Story Pole Policy, as well as being included as an implementation program in the current Draft Housing
Element.

This was expected to be a work plan for
discussion by Council Policy Committee, but they directed Staff to move forward and bring the discussion to Planning

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Commission for consideration and recommendation to Town Council on what changes might be warranted based on
previous discussion with Town Council, as well as outreach to story pole installers, architects, and developers in town.

The written Staff Report includes several topics
for discussion, including projects over 35’ in height, guy wires particularly when the story poles are close to
property lines, projects with multiple buildings,
interference with existing residences and businesses, and the exception process. These items are intended to initiate tonight’s discussion, but we also invite questions and
recommendations for other modifications.

This concludes Staff’s presentation, but I’d be
happy to answer any questions.

CHAIR BARNETT: Thank you for that report.

Questions from the Commissioners for Staff? Commissioner Hanssen.

COMMISSIONER HANSSEN: We received a comment
letter in the addendum and one of the items mentioned was about having to submit a story pole plan preceding
implementing the story poles, and it’s mentioned in the Staff Report that there are certain jurisdictions in Santa

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Clara County that do not have story pole requirements and other ones do. Do most people that have story pole policies require a story pole plan, or do they leave it the experts to implement it?
JENNIFER ARMER: Thank you for that question. I
don’t have that level of detail on the other policies that other municipalities have. It does seem to vary
significantly from one community to another as to how they implement this requirement. In some cases there is a
written policy that is available online, in other cases it is just a Staff policy that is required as part of
processing these projects, and the types of projects that they apply to also varies from one community to another, so we saw a wide variety of that.

COMMISSIONER HANSSEN: Thank you for that. It was
probably more (inaudible) than I would have expected that you would have, but I wanted to add onto that question and ask when we do these view corridor things outside people do the view corridors, and when we do CEQA we get an outside company to do the CEQA, so why do we require a story pole plan? It wasn’t on the list of discussion topics, but when I saw the letter it made me think what would happen if we didn’t do that.

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JENNIFER ARMER: Thank you for that question. I
would say that taking a look at the introduction to the current Story Pole Policy is very helpful in understanding the purpose behind having a policy like this. It emphasizes two primary purposes. One is to show the size and massing of the proposed buildings or renovation, and the second is to call attention to the proposed project for public
involvement, and so based on that language I would say that those are the goals.

There are other ways to address those particular
issues: signage and then simulations or other types of
flagging, for example, some of the examples that were
provided in the Staff Report. Did that answer your
question?
COMMISSIONER HANSSEN: No, what I was asking was
it’s not about whether they do story poles or not, it was specifically about having to submit a written story pole plan prior to putting up the story poles. Why do we do
that, and what would happen if we didn’t require that step in the process?
JENNIFER ARMER: Based on my experience in
looking at story pole plans it’s often helpful for Staff to ensure that there are poles representing the massing of the

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building in compliance with the Story Pole Policy, but in general a lot of the times the certification that we
receive states that the story poles are consistent with the proposed plans, so I think there is room for that type of modification if the Planning Commission is supportive of that. Then I want to check in with our Community
Development Director to see if he has any further thoughts on that.

JOEL PAULSON: I will say just for discussion,
the potential implication is we don’t have a plan, they put up poles, we go out and look at them and say, “That doesn’t work. Modify them.” We still don’t have a plan, they modify them, and it still doesn’t meet what we want. So the plan really is, “Here’s the plan. Put them up,” and there we go.

So that’s the other side of it for the potential
implications.

COMMISSIONER HANSSEN: That’s good for now.

CHAIR BARNETT: Commissioner Burnett.

COMMISSIONER BURNETT: Thank you, Chair. I feel
that our Story Pole Policy has served us very well since 1998. I think it’s very important for citizens to have
story poles.

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I have one question for Staff. A 35’ tall
building, for example, how high is 35’? Because we keep talking about 35’and the wind and how that affects at 35’, so how tall is 35’ if we’re looking? Can you give me an example?
JENNIFER ARMER: What I would say is that in many
areas in town, residential or commercial, the maximum
height currently is 30-35’, and so that gives you a sense.

In downtown the maximum height is 45’. We do have
properties that exceed those height limits in some cases, but if you think of the housing that you see around town, if it’s a two-story house it’s often between 28-35’,
sometimes a bit smaller.

COMMISSIONER BURNETT: Thank you.

CHAIR BARNETT: Other questions of Staff? I have
a question. I should know the answer to this, but are story poles required if there are added roof elements to a
single- or second-story house that do not affect the
massing?
JENNIFER ARMER: If there are roof elements that
don’t affect the massing, based on that description I would say that no, story poles would not be required. We do
occasionally have additions to an existing two-story home

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where the addition would change substantially the massing of that second story. It may only be requiring a Minor
Residential Development Application and so wouldn’t be
going to a public hearing, but that we would request the story poles be installed. Also, if it’s a brand new second story on an existing single-story house, we do require them for those.

CHAIR BARNETT: Understood. Thank you. Other
questions? Vice Chair Raspe.

VICE CHAIR RASPE: Thank you, Chair. I had a
question for Staff. Just anecdotally, I’m having problems with the orange netting versus any other type of material that we can use for story poling, for instance, the pendant flagging or any others. I know we went through a period of very high wind and weather in the past several months. I’m curious, just again in your experience, have those
particular materials proved more problematic than others, for instance?
JENNIFER ARMER: Thank you for that question.

Yes, as you will see in the comments from the story pole installers there is concern when you go over 30-35’,
especially if it’s in an area where it will be catching the wind, that that can cause hazards for those taller poles

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when you use the netting. There didn’t seem to be a concern with using the flagging instead.

This was the source of the recent story pole
exception requests, because there were taller buildings involved in the Wood Road project and then in the
Winchester Boulevard project that will be coming forward to you in the coming months. There were concerns, and so a request for an exception to the Story Pole Policy did go to Town Council, and that is where we got this discussion of should we include a specific exception that if it’s over a certain height they’d be allowed to do some alternative method?
VICE CHAIR RASPE: Thanks very much.

CHAIR BARNETT: Other questions? We have a card
from Ms. Wiersema. If you could come forward, please? I’ll open the public hearing.

BESS WIERSEMA: Hi, Bess Wiersema, Studio3, but
I’m not here for just me. I’m here representing Gary
Kolhsaat, Tony Jeans, Tom Sloan, Jennifer Kretschmer, Louis Leu, Noel Cross, and Jay Plett.

After Jennifer sent the notification out about
the story pole potential revisions, or discussion or
whatever we’re calling this, we did all get together,

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because I think one thing that I can say we all have in common is we strongly disagree that story poles are
helpful.

We actually believe they are more hurtful and
that they are an outdated method for displaying and
explaining a project. We live in a time where people can do 3-D models and can pin them to a height requirement or to a pole, and then turn those in and they’re going to actually show the finished product of what a project looks like.

They’re not going to be ugly, orange, flapping poles that deer run into, bicyclists run into, kids run around, get torn down, etc.

I think all of us would agree that if someone
built a house that looked like something that was story poled none of us would like that house, and yet that’s
exactly what story poles convey. They do not convey
anything that exists in the character of how we are
supposed to design homes as architects.

Massing can be better seen in 3-D models, and
visualization and should be allowed to be an exception
unless a project is highly contested or needs to go to
Planning Commission. I think these are all things that you guys would find to be actually more useful in terms of

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creating neighborly conversation between houses and their built environment, changes in their built environment, and also are more realistic.

I want to remind you that story poles that sit in
hillsides do not show things like retaining walls, terraced hillsides, the other grading that occurs on the site that creates a finished product in the end, and so often the interpretation of what we consider massing is really
irrelevant to actually what it is in the long run.

We do have a concern about the way story pole
plans are reviewed in town. No other jurisdiction locally that we do have story poles go up in has a review process that’s as significant as the one here in Los Gatos. The one in Los Gatos is time consuming, requires more rounds of revisions, and in an effort to try to streamline the
process we just respectfully ask that you trust the
professionals that are putting them up and putting a
certified letter together for you. We don’t need to build a whole house out of pick-up sticks and netting.

Lastly, I do want to correct something. We do get
required to put story poles up on existing second homes, even for things like dormers, because while there is the option that we can maybe ask for an exception, often the

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exception is not granted. I have several projects of my own that I could speak to, and I know that the architects all have others too, and that was one of the reasons we wrote some of those bullet points in there saying if we’re adding dormers to an existing second story house, yes, dormers can change some of the massing, but they’re really not changing the big over all footprint and mass of the home, so we
often even on a Minor Residential application are required to do story poles. These just add more time and more
expense.

A basic story pole package, including plans, for
a regular new home in Los Gatos costs about $20,000. I’m sure we’d all rather spend $20,000 on beautiful
architectural details, especially if the house is not
contested by neighbors and meets the design guidelines.

CHAIR BARNETT: Thank you. I’ll ask if there are
questions for you from the Commissioners? I’m not seeing any, so thank you for that. Ms. Somers.

CATHERINE SOMERS: Catherine Somers again with
the Los Gatos Chamber of Commerce.

This is really kind of a big topic, but I would
start with saying that houses at the end of the day are not orange and they’re not see-through, and I think that Bess

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was correct in stating that story poles are something that we used to rely on, but now there are so many other tools, but with that said I do actually still believe that we need to come up with other ways of engaging the public perhaps so that they can go and utilize those other tools that are available.

However, going back to the story poles, I do
think that they are truly causing impediments, and I’m
really here representing a lot of my members again at the Chamber of Commerce who are architects and builders and who have been really frustrated with this process as of late, and I’m hoping that you’ll consider tonight coming up with other options so that they can work through these building processes more quickly and efficiently, because it really is causing some strain and concern, not only on the part of the architects and the builders, but also on the homeowners themselves.

It’s also causing constraints on the Building
Department themselves because we’re spending a lot of time on some of these residential homes that really are pretty easy maybe, and then we have a lot of commercial projects also, so I think we need to alleviate some of that street

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from our Building Department if that’s at all possible.

That’s one other point.

Then the last one, I’ve watched the Planning
Commission deliberate over some of the story poles and what it looks like to you, the orange story poles that are seethrough, and I think the architects in particular are professionals and they’ve gone to school for this for years and years, and sometimes when they’re talking about 2’
versus 3’ or an indent here or an indent there, I think we really have to learn to accept and acknowledge that they know what they’re talking about, and so I think if they’re saying right now that the story poles are obsolete and
there are other ways of sharing with the public what their designs will look like, then they should be able to do it that way. There will still be opportunities for you to say nope, that doesn’t fit the character, or no, that’s too high, but I just think that the story poles aren’t really telling that story anymore. Thank you.

CHAIR BARNETT: Thank you, Ms. Somers. Are there
questions from Commissioners for you? No. Thank you very much.

JOEL PAULSON: Chair, we do have a speaker that
is on Zoom.

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CHAIR BARNETT: Thank you very much for bringing
that to my attention.

JOEL PAULSON: I’m going to allow Don Capobres to
speak. Go ahead. You have three minutes.

DON CAPOBRES: Good evening, Chair Barnett,
Commission, and Staff. I really wish I were there in
person. My name is Don Capobres with Harmonie Park
Development. I’ve worked on the North Forty project for over 15 years.

In the context in which we were required to
implement it, the Town’s story pole policy is an antihousing development tool.

In his February 10th letter on the Town’s Draft
Housing Element, which was sent to HCD, our attorney Eric Phillips stated, “Requiring story poles creates unnecessary tension within the community and can create false
expectations about the Town’s ability to deny or modify design elements such as height or massing that are
consistent with the Town’s development standards. For
example, during phase one of the North Forty development, acres and acres of unsightly story poles stirred up angst among community members to temporarily derail the approval process.

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However, given that the phase one development and
many other housing developments are protected by State laws that prevent the Town from denying or reducing the density of housing development projects, including the Housing
Accountability Act, the State Density Bonus Law, story
poles do nothing more than create unnecessary opposition to projects that are legally entitled to move forward. Said simply, the Town’s outdated story pole policy is impeding housing production. We will continue to voice this
sentiment to HCD and other decision makers as long as
policies such as this remain in the books.

The Town must allow simpler, less burdensome, and
more effective ways of providing notice and information such as large informational signs posted onsite, and using 3-D renderings, fly-through videos, and other technological methods that convey similar information without
unreasonably burdening development projects. This is
especially true as to meet the Town’s housing needs it will have to allow for taller buildings with heights that make the Town’s current story pole policy technically infeasible to implement.

Further, unless members of the public are invited
to walk the interior of a private property, and also we did

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invite some officials onsite in phase one, there is no
requirement to do so. Story poles can only be seen from public right-of-ways, making understanding the context of a larger proposal increasingly challenging.”
I do have specific data regarding costs and
logistics on the story pole exercise for phase one on the North Forty and I’m happy to share if you have any
questions. Thank you.

CHAIR BARNETT: Thank you, Mr. Capobres, and I’ll
ask if any Commissioners have questions for you? I’m not seeing any. Thank you very much. We have no further
speakers on Zoom.

If there is no further discussion by the
Commissioners, I’ll call for a motion.

JENNIFER ARMER: Through the Chair, once you have
closed the public hearing, then we would go back to
discussion with the Commissioners.

CHAIR BARNETT: Thank you, I omitted that. So we
will close the public portion of the public hearing and now ask Commissioners if they have further questions for Staff, wish to comment on the request, or propose a motion?
Commissioner Hanssen.

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COMMISSIONER HANSSEN: This is sort of a question
for Staff. As I read the Staff Report it looked to me like this was a substitute for a Policy Committee meeting in the form of a Planning Commission. What I thought we were
supposed to be doing is taking the topic, for example,
projects over 35’ feet in height. There’s a question at the end, “Should modifications be made to allow one or two rows of flagging for buildings over 35’ in height?” What I
thought we were going to do is similar to what we did with the last item where we would discuss each one of these
items, and I think what we’re trying to do is make a
recommendation to Council on ideas, concepts, for the Story Pole Policy to go back to Council or the Policy Committee, or I’m not sure, so my question is am I on the right track and what is Staff hoping for out of this?
JENNIFER ARMER: Thank you for that question.

Yes, we did structure this Staff Report similarly to the last item with sub-topics of interest. This is not quite as fully developed in terms of direction or recommendation from the Staff since there are a number of topics that
could have a number of different solutions, and so looking for some initial direction from Planning Commission for Staff to develop some additional details, or if the

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Planning Commission finds that they have specific
recommendations that they feel comfortable making at this time to Town Council, we can do that as well, so on each of these items I think it will depend on whether the Planning Commission feels they have sufficient information to make suggested changes which we could then take forward to Town Council, or whether there is additional information or
input that you are looking for.

COMMISSIONER HANSSEN: A follow up question.

Nowhere in the Staff Report is a discussion topic saying should we or should we not have a Story Pole Policy. Do you want us to have that discussion as well?
JENNIFER ARMER: As I stated in my presentation,
we would welcome any discussions about the Story Pole
Policy, which we have heard interest in maintaining, but maybe that is the recommendation of the property line about whether we should have one at all or whether it should be modified, and if modified, then in what ways?
CHAIR BARNETT: Commissioner Burnett.

COMMISSIONER BURNETT: Not a question for Staff,
but I can make my own comments.

CHAIR BARNETT: Please, go ahead with your
comments.

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COMMISSIONER BURNETT: I think instead of talking
for architects and builders I’m talking for the citizens of Los Gatos.

I feel, and I think story poles have served us
actually very well since 1998. We’ve had this policy moving forward, and as I say, I think it’s an important policy and I think story poles are important, and I think people in general are made aware of a project and that could affect the project, it could affect their view, it could affect the light, it could affect the streetscape. When you see story poles you get a good feeling of what’s going to be there, and I think that’s important. When you’re driving by you see that’s going to be coming up.

They say videos and photos and whatever, but
people aren’t going to be looking at videos; they’re not going to take the time to do that. You want to see what’s going to be built. You want to get a feeling for it. You want to see if mountains are going to be hidden. There are so many different concerns.

Then comments like other towns are no longer
using story poles. Well, if you look at the towns that
they’ve suggested, these are big towns. We’re Los Gatos.

We’re a small town and we’re impacted more, so I think it’s

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more important to know what’s happening in the Town, and I think they’re especially important in the hillsides. That was interesting. I really want to see what’s happening in my hillside; I want to see those story poles.

I would make suggestions that maybe we could
streamline the permit process to make it easier and maybe try to cut costs for the builders; I’m sympathetic to that, so maybe that could be one area. We would look at the
buildings that are very high, over 35’, and maybe think of different colored flags. I know there was an issue with two sets of flags, and maybe it’s because they’re the same
color, maybe that was why they couldn’t be seen.

Then there was the idea of putting your poles if
the property line is… What did I say? Put the poles inward on the property, because I know there was an issue about where you put the poles; I know that was an issue.

But in general I think the citizens of Los Gatos
like story poles, and personally I think we should keep them in, maybe with some suggestions for small changes and adjustments. Thank you.

CHAIR BARNETT: Thank you for those comments.

Commissioner Thomas.

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COMMISSIONER THOMAS: I guess I have a question
for you, Chair. Are we going to go through each of these projects, or do you want us to first give our generic
overview, or should we go through each of the items as
recommended for the discussion and direction by Staff on page 62.

CHAIR BARNETT: We’re going through A, B, C, D,
E, and F.

COMMISSIONER THOMAS: Are we going through by
order, or no?
CHAIR BARNETT: Why don’t we proceed in that way,
as suggested by Commissioner Hanssen? Let’s go with A on projects exceeding 35’.

COMMISSIONER THOMAS: Yes, and so can I ask a
question about that?
CHAIR BARNETT: Please.

COMMISSIONER THOMAS: I don't know if you can
answer this, but my question is what are the options and the cost difference for things that are different for
projects over 35’ in height?
JENNIFER ARMER: Thank you for that question. I
don’t have information specifically about the cost. I think it varies significantly on the different types and

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complexity of projects. The height of the poles is one of a number of factors that affects the cost. Also the time that they are up and whether they need repair, for example, and so that’s one of the concerns when they do become taller.

The main recommendation for an alternative for those taller poles was the use of flagging instead of the netting, and then is there another height beyond which it’s just not reasonable to use poles at all, but that alternative
methods might be considered, or the complexity?
As we’re going through these different topics I
think that’s very useful, but I would also say that we want to make sure at the end of the discussion to consider
whether there are other topics that have been brought up by the commenters, for example, the idea of additions to
single-family homes or new single-family homes. Should
those be excluded completely or under certain categories? So there definitely are additional topics in addition to what was listed in the Staff Report.

COMMISSIONER THOMAS: Can I follow up?
CHAIR BARNETT: Please.

COMMISSIONER THOMAS: I do think that the
requirement of the 2’ netting is problematic and we all know why, and so I do think that flagging is a good

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alternative, but I also feel like we should explore as a town other alternatives, just story poles for some
situations and mainly to also compare the cost, if it could streamline anything for Town Staff, but also the cost to developers and everything. Twenty thousand dollars maybe isn’t a lot to a large developer building a lot of housing, but we don’t want this to be an impediment to meeting our RHNA requirements.

CHAIR BARNETT: Thank you. Any other comments on
A? Commissioner Janoff.

COMMISSIONER JANOFF: This may not be a popular
approach, however, I’m in favor of all the changes Staff has recommended, A-F, but I think it misses larger points that the architects have raised, as well as others in the community.

I do think story poles serve a purpose, but I
think it is a strange purpose. For me, they generally
represent height and that’s about it. As the testimony has come forward tonight, if the height is within our Zoning Code, then why would we have the flags or netting or
whatever it might be, because that’s not a contestable
thing.

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We ask for netting or we ask for story poles
specifically when you’re asking for an exception, so it’s higher than. This was the case on Ms. Wiersema’s project, and so we thought it was very important that the neighbors see this is where it’s going to be and we think 3’ makes a difference, so when there is an exception being asked for I think it makes sense.

I guess I didn’t realize that story poles are
required for not just projects that go the Planning
Commission, but for projects decided by Staff.

I think it’s really important that we do use the
tools of the 21st century or whatever. There are so many great modeling tools, and I would say even that model that we had of the North Forty that sat out in the lobby of the Civic Center for a long time was an interesting tool.

Miniaturized wasn’t helpful in terms of seeing its overall impact, but we have such great tools with rendering
software and the capabilities of our experts that those should be considered as a requirement perhaps over story poles. I have an issue with the plans being required when we’ve got the story poles when they are required, being certified, and installed by experts.

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In short, we got a lot of really good information
in the amendments and the comments and I think that input isn’t reflected in the six topics that we are being asked to talk about. It just seems like there are some bigger, broader issues.

I don’t want to monopolize forever, but the issue
of story poles came up most recently when we were talking about the Housing Element and the negative impact or the governmental barrier it has on developing housing. It may be different, $20,000 when you’re developing a singlefamily residence is one thing, but your story poles are going to be really complicated if you’ve got a more
complex, larger structure, so that’s going to be a
significantly greater cost, and if that’s a negative impact on the Town’s ability to see housing getting developed, I think we really have to think about that too.

So for me, what Staff is recommending is okay,
but it doesn’t cover the larger conversation. I feel like we need a second recommendation from Staff having gone
through what we’re hearing from the experts.

CHAIR BARNETT: I noted that the alternatives
presented on page 65 included a possible motion to continue the matter to a certain date. Commissioner Hanssen.

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COMMISSIONER HANSSEN: I was going to go exactly
there. After listening to the discussion and considering the input from the architects I think it would be worthy to continue this to have a more discussion, because I think the fundamental issue has to start with whether or not we have story poles and under what circumstances, and then these things that are listed in the Staff Report are kind of details and specific cases of story poles, and I think there’s a bigger discussion.

I did want to also add that, as Commissioner
Janoff noted, this did come up in the Housing Element
discussion, but I will say that when we discussed it
briefly at the Housing Element meeting back about a month ago Council Member Hudes spoke very passionately about the importance of story poles and how he would never let them go away on his watch, that they are the thing that our
residents have to hold onto with all this new building, and he’s only one person that’s speaking. It is a very
controversial topic and I think it’s worthy of having the whole picture to discuss, and maybe we don’t have that
right now.

CHAIR BARNETT: Let me start with Commissioner
Thomas, and then I’ll go the Commissioner Janoff.

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COMMISSIONER THOMAS: I agree that I think some
points were brought up and I feel like I would like to be able to do some more looking around at what other districts have done for options and in changing requirements and
everything like that, so I do think that it would be
helpful to do that, but I think that it would also be
helpful to Staff to tell them exactly what we want more information on for further discussion, so that would be my recommendation.

One of the things would be like specifically
looking at some certain projects and language from some of these other locations where story poles are and are not required, and specifically I’m very interested in Los Altos versus Los Altos Hills, because I think that Los Altos
Hills is in the hills and Los Altos is not, and one removed and the hillside area didn’t, and we have both those
spaces, so what might that look like on a policy level for maintaining some of that in areas that are in our
hillsides? We have different requirements for stuff.

CHAIR BARNETT: So we don’t have a motion to
continue yet, but maybe one is developing. Ms. Armer.

JENNIFER ARMER: Thank you. I would definitely
ask that we get specific direction as to what additional

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information the Planning Commission needs to further this conversation. As previously stated, we invite you to talk about topics that weren’t listed in the Planning Commission report. In the written Staff Report we included some
topics, but not even specific recommendations, just ideas that we had heard, and we received additional ideas in the public comment, and those are worth discussing as well, so that should not stop the Commission from discussing those questions in whatever order or fashion works for you.

If there are specific questions about other
agencies, story pole policies that I could answer now, I do have a number of those here in front of me in terms of, for example, the City of Los Altos did just remove their
policy, they don’t require it. The town of Los Altos Hills, however, does have a policy and they require it for new buildings, second story additions, additions exceeding 900 square feet that increase the roof height, etc. I could go through the full list.

But if there are particular questions, I may be
able to answer some of that, or if there are particular topics that you can include in discussion tonight and then really narrow in on what additional information Staff can provide for further discussion.

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CHAIR BARNETT: Vice Chair Raspe.

VICE CHAIR RASPE: Thank you, Chair. I think it
makes perfect sense to continue this discussion with
specific direction to Staff, and I actually wanted to join almost 100% with all the comments that Commissioner Janoff said.

I came from Los Angeles before I lived here, and
one of the things you first notice as you come into town are story poles; we don’t have those in Los Angeles. I
think they serve a purpose. I think they help you, and as Commissioner Burnett noticed, you visualize site lines that you don’t get from renderings.

That being said, it’s also my view that you don’t
need them for every project, and we can certainly, I think, start moving towards a more 21st/22nd century use of
technology. The renderings, I think, are going to be great.

The problem with that is not every one of our citizens is ready to use all those tools, and so I don’t think we can today jump to just renderings as opposed to story poles, but I think as a town we should start moving there.

What I would like to see as part of our further
discussion is perhaps a discussion of what technology is available and who is using it.

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I would also like a discussion, as Commissioner
Janoff indicated, on should we be using this only when
variances are sought and perhaps not use them if no
variances are sought and everything is built pursuant to code? What’s the use essentially of the story poles?
Then maybe perhaps thirdly, a discussion of
commercial versus residential uses of story poles and
should there be a distinction in those applications? One certainly applies more directly to business, but I guess they both do since they both impact architects and
builders.

Off the top of my head, those are the areas I
think I would like to see a little bit further information from Staff, so thank you.

CHAIR BARNETT: Any other specific
recommendations to Staff? We’ll start with Commissioner Burnett.

COMMISSIONER BURNETT: Thank you, Chair. I would
say that we could have exceptions to story poles, that some large projects, maybe like the North Forty where it’s very specific plans, you have the density, the intensity, the height, the massing is pretty well talked about,
documented, and so it’s not a huge surprise, I think, to

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the Town or the Town’s people driving by that area that this is coming about, this is going to be part of Los
Gatos. There could be a model down at the Council chamber like they’d had previously; of course it didn’t turn out looking like that, but it would still be available. So I could see there would be structures that wouldn’t need
story poles.

Where I think story poles are so important are
neighborhoods and the downtown area where there’s a lot of vitality and a lot of community activities going on, so I could see where we could have exceptions to story poles, which would help with the building costs for the large
projects like the North Forty; I would think that that
could work.

So there are options. I think we could meet in
the middle and get all our needs met. Thank you.

CHAIR BARNETT: Thank you. Other comments or
suggestions? Commissioner Janoff.

COMMISSIONER JANOFF: Council Member Hudes makes
an interesting point, and he is one voice, one vote.

However, without alternatives that’s probably where most people would land, so I’d be interested in understanding why the other municipalities in the County have eliminated

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their requirement for story poles. Was that a recent thing? Are they tied to the Housing Element and the whole barriers thing? In particular, Los Altos on February 14th, I’m
assuming that was related to the…
COMMISSIONER HANSSEN: Yes.

COMMISSIONER JANOFF: So they probably got a
comment back from HCD and said there’s a barrier to remove.

I also think that the letter alone from the group
of architects has a number of points that could be
discussed, particularly the last seven or so. No singlestory home. No single-story addition. No story poles required if there are added roof elements that don’t change the overall height. Simplified to show the main ridges.

Part of the problem that I have with story poles
sometimes is that you’re seeing so many poles representing different peaks of different elements, and some of the
homes that are architected are so interesting in their
rooflines you get a lot of mixed up sightlines, so you
really do see. So I think there’s a list here that’s a good list to start from in terms of grouping what would be
excluded and what might not be excluded for purposes of discussion going forward.

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CHAIR BARNETT: Thank you. Other specific
recommendations for Staff investigation? Commissioner
Thomas.

COMMISSIONER THOMAS: I have a list of questions
and comments. Basically the first one is just what are the main alternative options to story poles, especially for single-family homes? Like some of these suggestions that were listed: additions, remodels, and just new development.

Then how can we best ensure that the story poles
don’t impede our Housing Element plans for moving forward? Because we know that that’s a concern and it’s going to be hard for us to get that stuff done, so we don’t want to just add extra trouble for ourselves.

Is it legal or are we allowed to only require
story poles when variances are requested? Can we align some of the story pole requirements or alternatives to story poles requirements with… If we were going to make
distinctions between things, would it be about density with regard to housing? Would it be with number of units, or lot size, or FAR? What is the defining thing that would
triggers story poles going up because this is considered a big project? We see projects that are asking for variances, or it’s the biggest house in the neighborhood, or it’s a

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new this in the neighborhood, etc., so what would trigger the story poles maybe needing to be put up for some
specific projects? What are the parameters and how might we best go about that in a way that is streamlined and easy for everyone to understand?
Then how can we still make sure, because I think
that this is really the concern that everyone is talking about and Council Member Hudes’ main concern, that
neighbors know that construction is going to happen, that things are going to be torn down, that new stuff is going to be built or added on? What alternatives are there to these big, ugly things that do often scare people and that don’t also follow up by looking at the plans in as much detail as we maybe do? How can we really make sure that people are still aware that projects are happening? I think that is a lot of peoples’ main concern, because it is true.

I walk around in my neighborhood on a walk with my dog or my friend and I see orange poles, and that triggers an oh, this is happening and I’m aware of what’s going on in town, so I do think that that is a concern. How do we flag
something so that neighbors and people walking by know in a way that is no quite a egregious as a story pole but is

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better than just a small sign in front of someone’s house, so where does that happen?
My last question is the legality of looking at
the distinction between hillside areas and not. Is that something that would be easy for us to distinguish between, or would Staff or the Town Attorney recommend that it needs to be a more blanket policy with regard to all housing and a different policy for commercial, etc.?
CHAIR BARNETT: Commissioner Hanssen.

COMMISSIONER HANSSEN: I would like to echo what
was said earlier. I would like to understand a little bit more about actually the jurisdictions that are still
keeping their story pole policies. In looking at the list, the Towns are all place where there are a lot of views.

I will also add that as difficult and expensive
it was for the North Forty, the North Forty Specific Plan, we had our own Specific Plan committee with I believe 11 people on it who met for years and years. The plans were under development for years and years. The time it really got the Town’s attention was when the story poles went up.

This is what always happens, and so I think we would have to think really long and hard about removing the
requirement for story poles period. That would be a very,

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very difficult discussion for our town, but there is
probably a lot of intermediate discussions about maybe if you’re just adding a second story addition maybe that’s not necessary, especially when you consider the cost relative to the cost of the development, things like that.

CHAIR BARNETT: Commissioner Janoff.

COMMISSIONER JANOFF: I think Commissioner Thomas
raises an interesting point about what could we install to raise the flag?
The other thing I’d like to comment on is the
orange netting in a hillside setting, like we had on this recent project, was alarming. I don't know if it’s possible to have beige netting instead of orange netting, but it is true that it sends a message of alarm, and that starts a negative conversation before it starts a positive one, I think, so I think that point is well taken.

Yet I do agree that the conversation gets going
when the netting goes up, and we hear many, many times
people will say, “I had no idea until I saw the orange
poles next door,” so it really does serve as notice, even the requirement to notice your neighbors is there, and even though the better notification of your neighbors include renderings so you can see what it’s actually going to look

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like in your neighborhood, not everybody looks at those. So what are people doing to make sure? What are communities doing to make sure neighbors are alerted, the community is alerted?
CHAIR BARNETT: I’m going to jump in with a
couple of my own. The issue was raised about whether the flagpole requirements are in violation of the Housing
Accountability law or perhaps other statutes promoting
housing. I think it would be good for the Town Attorney to respond to us on that issue.

Then concerning Mr. Rutherford’s email of March
23rd, he brought up the issue of flag ropes as a more
feasible alternative, particularly in higher heights, and I think that feedback on that would be helpful.

He also made a point about fencing not being
allowed, which he thought was a safety issue. I thought he said a fence had been applied for but not granted. I think that was on the car dealership in particular. Thank you.

Commissioner Burnett and then Commissioner
Thomas.

COMMISSIONER BURNETT: Thank you, Chair.

Question: What is the average length of time the story
poles are up? Is there any number?

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JENNIFER ARMER: It varies greatly. Thank you for
that question. It can be that it’s put up and we send out the notice and within a month a decision has been made and the appeal period has been completed. For example, if it was a new second story addition that stayed as a Minor
Residential Development Application.

But for many it is for several months, because
the story poles need to go up, and then we need to notice for public hearing, get notice in the newspaper, and then following the public hearing, even if there is only one, there then is the additional ten-day appeal period.

Then we have some that are up for a very long
time as it goes through various Commission meetings or than appeals.

COMMISSIONER BURNETT: Thank you for that. I have
a follow up question.

CHAIR BARNETT: Go ahead, please.

COMMISSIONER BURNETT: Not a question, but a
comment. Another reason why I think story poles are
important, there was a large home that was built in my
neighborhood and we didn’t realize the mass of it until the story poles went up, and that alerted the neighbors and we were able to meet with the contractor, the designer, the

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builder, and the massing was reduced. So that’s a key part of why story poles are important, especially in a
neighborhood. You get the feeling of what it’s going to be and it’s the massing and the height, and we were able to speak with the owner and builder and be able to make
adjustments, which was a much better project for our
neighborhood.

CHAIR BARNETT: Thank you. Commissioner Thomas,
we want to get back to you.

COMMISSIONER THOMAS: Thank you. I completely
understand and agree. Like I said, the story poles tell us when a project is happening, but like with the North Forty, by the time the story poles go up it’s too late really for the public and neighbors to be heavily involved in the
process of deciding what this project is going to end up being and looking like, and so for us I feel like story poles go up, people come to Planning Commission meetings, neighbors are upset because they didn’t understand, and we’re sitting here telling people that have gone through all of the processes they’re supposed to, done everything they’re supposed to do, like you have to go back a couple of steps to appease your neighbors, and that process is not productive, so I think that we should really try to be

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innovative and creative in the way that we let the public know, and maybe we need to start getting some ideas of
alternatives to story poles out sooner in the process,
specifically I think with residential projects, because I know that that’s what we deal with a lot, but with
residential projects or the big, giant, huge projects, like get public comment in sooner so that it can actually be taken into account, because that’s where it becomes so much tension.

When the North Forty thing happened people were
so, so upset, and we don’t want to be a reactionary town that is making policies after the fact to fix things, so getting more people involved beforehand, informing people earlier on in the process is the thing that is going to make it more productive for everyone involved, and I don’t know the answer to how we do that, but I think that looking at how maybe other places have tried to do that is
something that would be really helpful.

JOEL PAULSON: Through the Chair, prior to the
Vice Chair speaking, just for a little background. If
someone comes up to the counter and say, “I’m thinking of doing a project,” make sure you talk to your neighbors.

They don’t talk to their neighbors. They submit their

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application. We give them the comments. Make sure you talk to your neighbors. Staff does that, but many people choose not to take that option and we can’t force them or require them to do that, but I want to make sure that you have that context.

COMMISSIONER THOMAS: Thank you, and I think that
people do just hope that it squeaks by and they get it
through and people just won’t notice the giant story poles or whatever, or it’s too late in the process, but I do
think that with individuals it’s hard, but maybe with some of the bigger projects there is something that we can do earlier on to get more people involved. Thank you.

CHAIR BARNETT: Vice Chair Raspe, you had a
comment?
VICE CHAIR RASPE: I think you raise great
points. I just wanted to raise a kind of counter point. I think it was the Wood Road project where we had story poles up, and I guess it was very early on in the process, and the neighbors had really… So I would agree with you, story poles I think are most useful if we can do it right at the outset and it’s an accurate reflection on what the project is going to be, and I think in that particular instance it’s not just the immediate neighbors, because those were

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in sight lines, so the entire town had a great idea of what was proposed up on that hill.

CHAIR BARNETT: Do we have any other comments? Go
ahead, Commissioner Thomas.

COMMISSIONER THOMAS: Thank you, Chair and Vice
Chair. I totally agree that that was really helpful, and it was early on in the project. I have no idea if this is even normal or possible, but is it possible for us to explore options where if someone wants to develop something and they want to build something around the height requirement, then putting things up earlier in the process, because we all know it doesn’t reflect the mass or what the finished product is going to look like, so is that something? I see Ms. Armer maybe with an idea.

JENNIFER ARMER: Thank you for that question. The
one caution that I would give is that it’s not unusual that through the Staff review process, and particularly review by the Town’s consulting architect, that there do end up being changes to the proposed massing of the building, and so those kinds of changes then, if it was for example, a project that was coming to Planning Commission for review, would then necessitate changes to the story poles,

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additional ones being installed, and so could in the end compound the expense and requirement for those projects.

CHAIR BARNETT: Thank you for that. I think we’re
ready for a motion to continue if there are no more
specific recommendations for Staff. Not seeing any, so I’ll entertain a motion to continue, and I’ll be asking Staff if there’s a projected date for that?
JENNIFER ARMER: Thank you for that question. We
would recommend that it be continued to May 24th, and if we need more time to prepare the information you’ve requested, then we could always continue it at that time.

CHAIR BARNETT: Thank you. Vice Chair Raspe, were
you raising your hand?
VICE CHAIR RASPE: I probably was, so I will go
ahead. I will make a motion to continue the matter before the Planning Commission, specifically the discussion of recommendation to Town Council on Modifications to Town Height Pole and Netting Policy for Additions and New
Construction to a date certain of May 24, 2023 so that
Staff can gather information requested by Planning
Commission and commentators this evening.

CHAIR BARNETT: Thank you. Is there a second?
Commissioner Burnett.

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COMMISSIONER BURNETT: I second.

CHAIR BARNETT: Is there discussion on the
motion? Commissioner Thomas.

COMMISSIONER THOMAS: I just have a question
about the pathway that this takes after we will make our recommendation on the 24th, and then it goes to Town
Council, and then what happens?
JENNIFER ARMER: As with other recommendations
that you have made, for example the objective standards, this is something that once the Planning Commission feels they have something that they can recommend, it would go to Town Council and then Town Council would consider the
modifications to the policy.

COMMISSIONER THOMAS: Thank you.

CHAIR BARNETT: Any further discussion? If not,
I’ll call the question. Commissioner Hanssen.

COMMISSIONER HANSSEN: Yes.

CHAIR BARNETT: Commissioner Thomas.

COMMISSIONER THOMAS: Yes.

CHAIR BARNETT: Vice Chair Raspe.

VICE CHAIR RASPE: Yes.

CHAIR BARNETT: Commissioner Burnett.

COMMISSIONER BURNETT: Yes.

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CHAIR BARNETT: And Commissioner Janoff.

COMMISSIONER JANOFF: Yes.
(END)

PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Community Development Director, Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 05/24/2023
ITEM NO: 2
DATE: May 19, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Modifications to the Town Height Pole and Netting Policy for Additions and New Construction.

The Proposed Amendments to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.

BACKGROUND:

On April 26, 2023, Planning Commission considered modifications to the Town's Height Pole and Netting Policy for Additions and New Construction ("Story Pole Policy"). The discussion was continued to May 24, 2023, with a request for additional information.

DISCUSSION:

As discussed in the April 26, 2023, Planning Commission Staff Report, a survey of the 15 cities/towns in Santa Clara County found that story poles are not required in nine of the cities:

Campbell, Cupertino, Gilroy, Los Altos, Morgan Hill, Mountain View, San Jose, Santa Clara, and Sunnyvale. Story poles are required by five: Los Altos Hills, Milpitas, Monte Sereno, Palo Alto, and Saratoga. The available policies/regulations are included as Exhibit 4, along with five additional examples from Burbank, Corte Madera, Portola Valley, Santa Barbara, and Woodside. Milpitas does not have a written policy.

As discussed in the April 26, 2023, Planning Commission Staff Report, the City of Los Altos only recently removed their story pole requirement, on February 14, 2023, as part of the implementation of their Housing Element. The City’s Housing Element included an Implementation Program that specifically stated that, “The requirement of story poles installations will be eliminated for all development applications.” The staff report explained that this was because they found that the story pole requirement added subjectivity, extended ATTACHMENT 6

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SUBJECT: Story Pole Policy Amendments
DATE: May 19, 2023
DISCUSSION (continued):
the review process of all development, and added additional cost for a project whereas their other requirements for renderings and 3D Modeling could effectively provide the relationship of the proposed building heights. Prior to this modification, the requirement had applied to multiple-story multiple-family, commercial, and mixed-use projects, and public facilities, and required the story poles reflect the outline of the proposed building on the site.

As a result of the Planning Commission discussion on April 26, 2023, and the public comment received for that meeting, additional information has been prepared on the following topics for discussion and direction.

A. Story Pole Requirement
Should the Town retain a requirement for installation of story poles for development projects?
As mentioned above, only 36 percent of the agencies in Santa Clara County (excluding Los Gatos) have a requirement for story pole installation for development projects. Comments received have included both those who are concerned that this requirement is out of date and should allow for digital alternatives, and would be a constraint on future housing development, as well as those who have discussed the value that it brings to the Town.

B. Types of Development Projects
What types of projects should be required to install story poles? What types should be excluded/exempt?
The current Story Pole Policy requires installation of story poles for:
• New residential (excluding single-story accessory structures) and non-residential buildings;
• Residential second story additions; and
• Nonresidential additions exceeding 100 square feet.

The Town could consider exclusion or exceptions for certain types of projects. This could be done by modifying the list above, or by creating a list of project types (by use, size, scope, or some other factor) that are excluded from the story pole requirements or allowed to use specific alternative methods. For example, the story pole requirement could exclude projects that are 100 percent affordable housing, or projects that are not asking for any exceptions from the Town’s requirements. The following is a sample (not exhaustive) list of categories that could be considered as thresholds for inclusion in or exclusion from this requirement:

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SUBJECT: Story Pole Policy Amendments
DATE: May 19, 2023
DISCUSSION (continued):

Use types:
• New residential
• New detached single-family residential
• New multi-family residential
• New commercial
• New mixed-use
Project size:
• Building height
• Number of proposed buildings
Project scope:
• Additions under a set square foot limit
Other factors:
• Location in Hillside Area
• Location in a Historic District
• Amount of affordable housing
• Compliance/non-compliance with Town regulations
• Reviewing body (Community Development Director, Development Review Committee, Planning Commission, Town Council)
Several of the example policies (Exhibit 4) have lists of what types of applications require installation of story poles. The requirements and specificity vary. In most cases, it is the construction of new primary buildings or additions of a certain size (over 500 square feet, over 900 square feet, “substantial additions,” etc.). In a few it is just for new construction and additions in the hillside or open space areas.

C. Modify Physical Requirements
Should the current requirements be modified?
The current Story Pole Policy requires, “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,” and that, “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.”

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SUBJECT: Story Pole Policy Amendments
DATE: May 19, 2023
DISCUSSION (continued):

These requirements could be modified to allow alternatives to the netting, for example flag rope or alternative color(s), though the orange netting seems to be a consistent requirement across jurisdictions. These requirements could be modified to not require the entire project to be represented, but just certain aspects, like the front facade, tallest ridge, etc.

D. Provide Alternatives
Should alternatives be detailed in the Story Pole Policy? The inclusion of standard options/alternatives within the Story Pole Policy would provide for more clarity and predictability and could potentially reduce the number of exception requests received. Recent story pole exception requests have included one or more of the following:
• Use of one or two rows of flag rope in place of netting • Renderings and digital simulations
• Signage
• Reduced number of poles for multi-building projects
Comments provided as Exhibit 2 to the April 26, 2023, Staff Report and verbally during the meeting included these additional suggestions:
• Relocation of poles when located close to property lines to reduce guy wire conflicts • Attachment of guy wires to existing trees, fences, and equipment • Exemption of buildings or portions of the buildings not visible from the public right of way
These options could be provided as part of the standard story pole requirements or as part of a modified exception process as discussed below.

E. Modify Exception Process
Should a modification be made to change the decision maker for exception requests? The Town’s policy allows the Community Development Director to determine if alternative materials (telephone poles, cranes, etc.) are appropriate for use as story poles. But the current exception process (Exhibit 1, page 4) for alternatives to other aspects of the policy, including the orange woven plastic snow fencing material or placement of poles at all outside building corners and rooflines of all buildings, requires review by Town Council. Of

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SUBJECT: Story Pole Policy Amendments
DATE: May 19, 2023
DISCUSSION (continued):
the five other Santa Clara County cities that have a story pole policy, three do not have an exception process stated, and two have an exception process where the authority is placed with the Community Development Director.

F. Story Pole Plan Requirement
Should the requirement for submittal and approval of a story pole plan be removed from the policy?
As mentioned at the April 26, 2023, Planning Commission meeting, Los Gatos is the only agency in Santa Clara County that requires submittal and approval of a story pole plan.

However, the two additional example Story Pole Policies that were provided from the City of Burbank and the Town of Corte Madera both include this requirements.

G. Housing Element
Do these requirements conflict with the Housing Element or Housing Accountability Act (HAA)?
The State Housing Accountability Act prohibits the Town from denying or reducing the size of housing developments that are compliant with the Town’s Zoning Code and other objective standards. Any proposed story pole policy would consist of objective standards.

Requiring applicants to comply with the objective standards contained in a story pole policy does not violate the State Housing Accountability Act.

State housing element law requires that the Town’s Housing Element, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. There is a potential argument to be made that the expense of story poles constrains the development of housing. Case law discussing this housing element requirement describes such constraints as including land use controls, density controls, growth management limits, building height limits, parking standards, and processing and permit procedures. Conceivably, a story pole policy falls into the category of “processing and permit procedures.” There is no case law directly addressing the question of story pole policies. In the Town Attorney’s opinion, a court would not consider a story pole policy to constitute a constraint on housing in that it serves the important purpose of informing the public regarding the future appearance of developments. Even if a court did consider a story pole policy to be a constraint on housing, the remedy would be for the Town to amend its Housing Element, potentially with an implementation program to remove/reduce that constraint.

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SUBJECT: Story Pole Policy Amendments
DATE: May 19, 2023
CEQA DETERMINATION:

The Planning Commission’s recommendation is not a project subject to CEQA, because any story pole policy will be adopted by Town Council action.

CONCLUSION:

A. Summary
The Town of Los Gatos has a Height Pole and Netting Policy for Additions and New Construction, and staff has developed a list of a number of elements that might warrant modification. The discussion topics were developed following research by staff on other story pole policies and with input from local story pole installers.

B. Recommendation
The Story Pole Policy has been forwarded to the Planning Commission for review. Staff recommends that the Planning Commission:

1. Receive and consider public comments;

2. Complete the review of the existing Story Pole Policy;

3. Provide input on any recommended modifications to the Story Pole Policy; and

4. Forward a recommendation to the Town Council to approve modifications to the Story Pole Policy.

C. Alternatives
Alternatively, the Commission can:

1. Forward a recommendation to the Town Council that no changes be made to the Story Pole Policy; or

2. Continue the matter to a date certain with specific direction to staff.

EXHIBITS:

Previously received with the April 26, 2023, Staff Report:

1. Current Story Pole Policy

2. Story Pole Installer Input
Previously received with the April 26, 2023, Addendum Report:

3. Public Comments received between 11:01 a.m., Friday, April 21, 2023, and 11:00 a.m., Tuesday, April 25, 2023

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SUBJECT: Story Pole Policy Amendments
DATE: May 19, 2023
EXHIBITS (continued):

Received with this Staff Report:

4. Story Pole Policy Examples

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Intentionally
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City Council 9/8/99; Rev. 1/8/16

TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: (650) 941-7222
www.losaltoshills.ca.gov
Story Pole Policy

PURPOSE
To request new construction and some remodels be staked on site and that height poles and fencing shall be erected to provide the decision making bodies (City Council, Planning Commission, Planning Staff) and neighbors with a better visual tool to evaluate proposed construction.

POLICY
Story poles shall be used for the following types of applications:
 New buildings
 Second story additions
 Additions exceeding 900 square feet and increases in roof height  Accessory structures (exceeding 900 square feet)
 Second units (if in conjunction with new residence or major addition)  Driveway entrance modifications, sports court and pools (outlined with stakes and ribbon at ground level)
 Open Space easements
 Trees proposed to be removed (marked with ribbons or tags or some type of obvious marker) Exceptions may be granted by the Planning Department based on scope of work proposed.

Timing
Story poles shall be installed approximately two weeks prior to advertising the project for public hearing. Staff will inform the applicant when the story poles should be installed. The story poles shall remain in place until the project has been reviewed at a public hearing and the appeal period has passed. If the project is appealed, the story poles shall remain until the appeal has been acted upon. The applicant shall provide photographs of the installed story poles. Please note that public notices will not be mailed until the staking has been completed and approved by staff.

Requirements
The project Surveyor or Civil Engineer shall determine the perimeter points of the proposed structures for story pole installation. Story poles shall be constructed of rigid material (plastic piping is not acceptable) and a two (2) foot wide band of plastic orange snow fencing which must clearly outline the proposed ridgelines and eaves for the new structure, addition and/or accessory buildings. In addition, proposed swimming pools, tennis courts, open space easements, and/or EXHIBIT 4

Story Pole Policy

driveway modifications should be outlined and marked with ribbon at ground level. Please note that all trees proposed to be removed shall be marked with tape, flags, or other obvious identification markers.

Staff may approve alternative materials for story pole construction for minor projects. If you have questions about materials contact the Planning Department.

Orange snow fencing at least two feet (2’) wide must be erected to represent the roofline of the proposed structure/addition. The fencing must be supported by height poles strong enough to accurately maintain the outline and height as shown below (plastic piping is not acceptable).

The height of story poles should indicate the final height of the building (grading should be accounted for in the height of the poles).

Example:

Roof Plan
Story Poles
2’ fencing to cover proposed height
Post locations

09/13
APPLICANTS DON’T FORGET!!!!!!!!!!!!!!!!!!!
Netting and Ribbon Requirements
If your project is one of the following, story poles and certification are REQUIRED:
• Any second story addition
• The construction of any structure exceeding 500 sq. ft. • Any addition exceeding 500 sq. ft.

THE FOLLOWING MUST BE COMPLETE BY 9:00am 14 DAYS PRIOR to the Site and Architecture Meeting:
• Erection of story poles and netting
• Outline of footprint
• Tagging of trees
• Completion and submittal of Story Pole Certification Form Erection of netting and outline of footprint must remain in place for a period of 15 days following the final decision. After the 15 days, the netting shall be removed within one week.

BUILDING ROOFLINE
Netting at least two (2) feet wide and made of woven plastic snow fencing (orange in color) must be erected to represent the roofline of the proposed structure. Stakes or wires strong enough to accurately maintain the outline and height as shown above must support netting.

BUILDING FOOTPRINT AND FLOOR LEVEL
Ribbon at least two (2) inches wide and of a bright color must be staked to represent the perimeter or outline of the building AND floor levels of all floors. Different color ribbons must be used for the building AND the floor levels of all floors. Different color ribbon must be used for the building and decks located on the first level.

CITY OF MONTE SERENO
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
Phone (408) 354-7635 Fax (408) 395-7653
www.cityofmontesereno.org
2’ orange netting to show
the entire roofline and all
ridges

City of Monte Sereno
Story Pole Certification
Instructions: The story pole certification must be performed by a registered land surveyor or civil engineer. The completed certification statement must be submitted to the City two weeks prior to the Public Hearing date.

I, have surveyed the story poles located at

NAME OF SURVEYOR

ADDRESS OF SUBJECT PROPERTY
on , which is based on Planning Application, , DATE APPLICATION NUMBER Submitted to the City of Monte Sereno by . NAME OF APPLICANT The survey was taken from the following benchmark:

LOCATION OF MONTE SERENO BENCHMARK
at an elevation of . BENCHMARK ELEVATION
The highest ridge height elevation was measured at a height of .

I certify that the story poles located on the above-referenced site were installed or inspected by the undersigned, and found to be in conformance (within three inches, plus or minus) with the design, height and location shown on the plans and elevations, for the planning application referenced above.

For additional information, please contact me at:

PHONE NUMBER
Please stamp & sign below

SIGNATURE

NAME (PRINTED OR TYPED)

TITLE

LICENSE NO./EXPIRATION DATE

City of Palo Alto Municipal Code Section 18.28.070 Additional OS District Regulations The following additional regulations shall apply in the OS district:
...
(o) Story Poles and Other Visual Review Aids
Story poles (with associated taping or flagging) shall be erected for projects involving new residences or other structures, or for substantial additions to new residences, for the purpose of providing a better understanding of the visual impacts of a proposal in the OS district. Story poles shall accurately outline the perimeter and key and highest rooflines of the proposed structure(s) and shall be durable and sturdy enough to be visible from distant views. Story poles shall be constructed to the satisfaction of the director prior to notice of a hearing and shall remain in place through the public hearing date. Erection of story poles prior to public hearing notice may be required by the director to allow for staff and neighbors to view the project. Other aids, such as taping the perimeter of other development (structures, pools, sport courts, etc.) on the site and identifying trees to be removed, may also be required by the director. Story poles shall be removed upon final action on a project or upon the direction of the director.

1 | Page
Story poles shall be constructed of wood or metal which delineate the height, area, and approximate shape and massing of a proposed structure. Story poles must be installed in the manner set forth below:
1) On each building elevation of the proposed structure at least one story pole shall show graduated five-foot interval height measurement markings in either paint ortape. 2) At least one building elevation of the proposed structure must show the proposed finished grade and finished floor elevation markings in either paint or tape. 3) The story poles shall be erected so that orange netting (or other materials approved by the Community Development Director) will be used to approximate the mass, shape and roofline (e.g., roof pitch/slope, ridge, and volume, including covered porches) of the proposed structure as shown below. For complex roof forms, the Community Development Director may also require that ridge flags be installed to delineate a main roof ridge or high point.

Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
Story Pole Requirements

2 | Page
Tree Removals: Any tree proposed for removal as part of the proposed project shall be clearly marked in the field. Acceptable means of identifying trees include using fluorescent tape wrapped around the tree's trunk, removable marking on the tree trunk that is easily visible, or another means approved by the Community Development Director Required Signage: The applicant shall erect on the story pole elevation facing the main access to the building site or the main street frontage, a minimum 11-inch by 17-inch sign which contains the following information:
a) Name of applicant/property owner
b) Contact telephone number of applicant/property owner c) A brief description of the proposed project’s scope of work d) Community Development Department main telephone number Duration: Once story poles are installed, all concerned parties will have fifteen (15) calendar days to review the application and provide written comments. The Community Development Director shall approve or deny the application within fifteen (15) days of the close of the review period. The decision may be appealed to the Planning Commission within fifteen (15) calendar days of the decision. The story poles shall not be removed until a final action has been taken and all appeal periods have expired.

Photographs of Story Poles: the applicant shall submit photos of the completed story pole installation including required signs to the project Planner, prior to the Notice of Intent to Approve/Public Hearing being distributed.

Story Pole Certification: Upon completion of installation the applicant must provide to the Community Development Department a stamped and signed letter from a State licensed land surveyor or civil engineer verifying the accuracy of the story pole installation in terms of location, heights, and elevation data. In addition, the Architect/Designer shall sign below stating that they have inspected the story poles and they accurately represent the proposed plans prepared by them and return to the project planner and prior to the Notice of Intent to Approve/Public hearing being distributed.

I have inspected the story poles and find they accurately represent the mass, shape and roofline as shown on the plans.

Print name Date
Signature

PURPOSE: To provide requirements for the installation of story poles for new construction and additions for all projects subject to a Hillside Development Permit (HDP) located within the designated hillside area of the R-1 Single Family Residential zone.

Why Story Poles? Story poles are three-dimensional, full-scale, silhouette structures that best represent the location, bulk and mass of a proposed structure(s) on a site for view assessment, allowing property owner(s), neighbor(s), and city staff to consider the visual impact of a structure(s) from various vantage points (also known as a view study). Story poles are required in order to document the impacts of a proposed structure(s) on views from adjacent properties prior to a final decision on an HDP by the Community Development Director, or their designee. The view impacts may not be limited to only those parcels that are abutting or adjacent to the project site. In some cases, a house may impact the views from homes further up (or down) the hillside, depending upon the surrounding terrain. In unique cases, the story pole requirements may be waived where it is determined through on site investigation, evaluation of topographic maps, photographic evidence, or by other means that there is no possibility the proposed development will create or contribute to adverse impacts upon views.

Who Can Assist Me With Story Poles? Story poles must be installed by a story pole or construction company who can certify the accuracy of installation to the proposed project plans. You can consult with your architect or designer for recommendations or review the complimentary list of companies enclosed.

STEP 1 – Story Pole Plan: Once your Hillside Development Permit has been reviewed for code compliance and your plans are in good order, your Project Planner will advise you to prepare a story pole plan. Your application can not be deemed complete until a view study has been completed.  Provide one hardcopy (11” x 17” format) and one electronic copy (PDF) of your Story Pole Plan to your Project Planner for review and approval before installation on site.  The story pole locations are to be shown on the roof plan and building elevations of the proposed new structure or addition. Story poles should be shown in a distinct color (e.g. red preferred) superimposed on black-and-white plan sheets. Hand-drawn plans will not be accepted.  At minimum, the poles shall be placed at all outside building corners and at each end of the prominent ridgelines of the structure(s) to accurately demonstrate the different roof lines and maximum roof heights.

The height should be accurate for the finished building surface at that point. The end of the roof ridge and top of the hip roof should also be marked. See example story pole plans on following page.  The plan should include the existing grade elevation at the base of each pole and the elevation of the ridges. If the storypoles are constructed entirely above an existing structure such that the poles do not touch existing grade, the existing grade at the base of the existing structure shall be shown on the elevations along the peak height of the new roofline. Story poles at deck locations shall extend to the top of railings.
 The plan must also include the contact information for the licensed contractor, surveyor, architect, or engineer installing the story poles.
 If at any time the plans are modified, City staff may require the story poles and certification to be updated.

STEP 2 – Story Pole Installation:
 The story pole material shall be constructed of 2” x 4” lumber, or other sturdy material (PVC is not acceptable), and should be properly braced and supported to ensure the health, safety and general welfare of the public and withstand weather.
 The top one foot of the pole shall be painted with black paint and the height of each pole should be clearly marked on the base of each pole.
 The netting shall be of bright orange construction mesh (snow fencing) material, or a comparable material or color, measuring at least twenty-four (24) inches in width and be able to withstand reasonably foreseeable weather. Netting shall be extended atop one pole to another pole to depict the roofline and ridgelines and should be placed on top of the blank painted portions of the posts. Flags, string, or rope are not acceptable netting materials.
 If story poles are damaged or at any time become unsafe, they must be replaced or repaired and reset immediately. The City is not liable for any damage or injury associated with the erection of story poles.

City of Burbank
Planning Division
Single-Family Hillside

STORY POLE INSTRUCTIONS AND REQUIREMENTS
150 North Third Street
Burbank, California 91502
www.burbankca.com
T: 818-238-5250
F: 818-238-5150
E: [email protected]

 The City can request the story poles be removed or modified if it is determined at any time there is a risk to public health and safety.

STEP 3 – Story Pole Certification:
 Upon completion of the story pole installation per the Planner-approved story pole plan, the installation must be certified accurate by a licensed architect, engineer, or surveyor with the enclosed Story Poles Affidavit based on the Story Pole Plan. The property owner may not certify the story pole height or position.  Once installed, the applicant shall submit photographs from at least 3 vantage points showing the completed story pole installation. The photos submitted for certification must include a key that identifies the location and direction of each of the views photographed from perspectives of neighboring properties. Photographs and drawings should be numbered or otherwise keyed to the locations shown on the site map.
 Once the affidavit and photos are completed, submit them to your Project Planner for verification. The Project Planner will verify the Affidavit was completed and conduct a site visit. Upon confirmation by your Project Planner, the public noticing period for your HDP application can begin once the postcards have been mailed out.

STEP 4 – Story Pole Removal:
 Story poles must remain in place throughout the application review process, inclusive of the 15-day appeal period. They can be removed the next business day after conclusion of the appeal period, if no appeal has been filed.
 Should an appeal be filed on the permit, the story poles must remain in place until a final decision has been made on the application by the Planning Board and/or City Council and the subsequent appeal periods have concluded.

STORY POLES AFFIDAVIT
TO: City of Burbank
Community Development Department
Planning Division
REFERENCE:

Name of Applicant
Project Address
Permit Number
As the licensed architect / engineer / surveyor (circle one) for the above-referenced project, I hereby declare that the project’s story poles have been installed in accordance with the approved Story Pole Plan on file in the Planning Division office. I further declare that all story poles have been accurately placed, installed to ensure the safety of all persons and the general public, and are the correct height in accordance with the approved Story Pole Plan. A certified copy of the Story Pole Plan (site plan and roof plan) that verifies accuracy is attached herewith. This information is accurate to the best of my knowledge.

I/WE DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

EXECUTED ON ____ , 20___ AT ___, CALIFORNIA.

PREPARER’S SIGNATURE PREPARER’S NAME (PLEASE PRINT CLEARLY) COMPANY NAME PREPARER’S TELEPHONE NUMBER

FOR OFFICE USE ONLY
Date Stamp Received:

STORY POLE CONTRACTOR LIST
Note: This list is provided as a convenience only. The City of Burbank assumes no responsibility for the product or actions of the companies herein described.

Scharff Construction Inc.
3714 Sawtelle Blvd.

Los Angeles, CA 9006
(310) 391-4464 ext. 303
Coastline Story Poles
(310) 266-7197
[email protected]
California Story Poles
(310) 439-3203
[email protected]
Bronze House Development Inc.
501 W. Glenoaks Blvd, Suite 610
Glendale, CA 91202
(818)913-9119
[email protected]

O:\Planning Department\SUBJECT FILES\FORMS AND HANDOUTS\HANDOUTS\Story Pole Requirements and Certification Form.docx Town of Corte Madera
Story Pole Information and Requirements
Planning Department
240 Tamal Vista Blvd., Ste. 110, Corte Madera
415-927-5064
Definition:

Story poles are three-dimensional, full-scale, silhouette structures that outline the location, bulk and mass that a proposed structure or addition will occupy on a site. They are required for certain design review applications and may be requested for any discretionary review where warranted by visual impact or location issues. Story poles allow staff, neighbors and others to assess the location and general massing of a proposed building from various vantage points.

Requirements:

The applicant shall provide a Story Pole Plan at the time of application. The plan shall indicate the location and height of the story poles, based on the roof plan of the proposed structure. Staff approval of the story pole plan is required prior to installation of the story poles.

Install story poles to accurately outline the proposed building/addition’s major wall planes, gables and ridges. Decks, balconies, entries and other similar features must be shown if staff believes they have the potential to impact neighboring properties. Story poles at deck locations shall extend to the top of railings.

Story poles shall be constructed of 2x4 or 2x6 lumber or similar other sturdy building material. Story poles should be braced at the base to ensure that they remain correctly positioned and can withstand strong winds, shaking and gravity. A building permit may be required to ensure public safety. Bright orange construction mesh, tape, or similar high-visibility material shall connect poles to show the building’s major exterior walls and roof ridgelines. Where grading would change the site’s natural grade elevation, story poles shall represent the final height of the building, with grading accounted for in the height of the poles.

Following construction of the story poles, the applicant shall provide a Story Pole Certification (on reverse), signed by a licensed land surveyor or civil engineer, certifying that the poles located on the site were surveyed and found to be in conformance with the project plans and story pole site plan. (Other qualified professionals, such as an architect, may certify the location of the story poles if such measurement is made from a point that can easily be verified in the field, such as the finished floor of an existing structure.) Note that if plans are modified, staff may require the story poles and certification to be updated.

Installation and Removal Timing:

The story poles must be satisfactorily installed at least 14 days before the scheduled hearing date unless an earlier date is deemed necessary by staff. If at any time the story poles become unsafe or shift location, they shall be repaired and reset immediately. The Town shall not be liable for any damage or injury associated with the erection of story poles.

Story poles must remain in place until the later of: (1) The expiration of any appeal period to the Town Council; or (2) The final determination on an appeal by the Town Council.

Story poles must be removed within 10 calendar days following the expiration of the appeal period, unless other arrangements have been made with the Planning Department.

Exceptions/Compliance
The Director of Planning and Building may grant exceptions to this policy based on unusual circumstances provided that the purposes of this policy are not impaired.

The Zoning Administrator, Planning Commission or Town Council may determine that failure to comply with these requirements is grounds to continue a public hearing to allow the story poles to be installed.

O:\Planning Department\SUBJECT FILES\FORMS AND HANDOUTS\HANDOUTS\Story Pole Requirements and Certification Form.docx Town of Corte Madera
Story Pole Certification
Instructions: The story pole certification must be performed by a registered land surveyor or civil engineer. Please attach a copy of the roof plan with the surveyed roof ridge elevations labeled.

I, have surveyed NAME OF LAND SURVEYOR/CIVIL ENGINEER
the story poles located at _________________________________________________________ ADDRESS OF SUBJECT PROPERTY on , which is based on Planning Application

DATE OF SURVEY
number , submitted to the Town of Corte Madera APPLICATION NUMBER by . The survey was taken from the following NAME OF APPLICATION benchmark: ___________________________________________________________________ DESCRIPTION/LOCATION OF BENCHMARK at an elevation of . The ridge elevations silhouetted are indicated on ELEVATION the attached plan.

I have surveyed the building envelope, setbacks and ridge elevations of the story poles and silhouette described above, and I certify that all dimensions, location and elevations are accurate within ______________ of the plans submitted (Town standard is within 6” maximum). INCHES Name (Please Print)
License Number/Expiration Date
Date
Address
Phone
Email
PLEASE STAMP AND SIGN BELOW:

Story Poles
Requirements and Guidelin-es
Th� placement of story poles is extremely helpful and important during the course of Town architectural review of applications for new development. Proper and accurate placement of story poles provides a demonstration of the· planned rooflines and heights and some indication of the potential massing of the proposed structure. Story poles enhance understanding of the project and.potential impacts not only for the Town's Architectural and Site Control Commission (ASCC) and staff, but also for the residents of neighboring properties and home owner association committees that may be involved in review of the project. The statements that follow set forth the Town's ordinance requirements arid guidelines associated with the placement and removal of story poles.

Municipal Code Section 18.64.040.D. requires that the perimeter of all proposed structures are_ to be -cl�arly,ita.ked.,am:blabeled,on;,;tl)e _ alle,�it.Jbe.Jime. o.f.,aybmittaLQfiar;i.aRPliG.iti.Qm.ioL, . , ASCC review. The staking is to be maintained throughout the time period the application is under review by the Town. Pursuant to this ordinance section, the ASCC may also require that the actual bulk of the structure be demonstrated through story poles and ridgeline taping.

Staff vyill inform an applicant and/or his or her designer during_ the pre-application meeting if · story poles will be required for the proposed project. If it is determined story poles are to be placed on the project site, a site plan depicting the proposed location of the story poles shall be provided for staff review at the time application is made for architectural review-. The above notwithstanding, pursuant to the policy of the ASCC story poles must be installed as part of the application review process for all proposals for new residences.

The story poles should be in place for review at least 10 days prior to the scheduled hearing date with the ASCC. Staff will inform an applicant and/or designer of the anticipated hearing date in order. to provide adequate time for placement of the story poles. Once the application has been reviewed and acted on by the ASCC (i.e., to approve, conditionally approve or deny the project), the story poles shall remain in place during the 15 day architectural review appeal period, and removed no later than 10 days after the appeal period has expired. If an application has been appealed, the poles shall remain in place · during the appeal process and then be removed within 10 days of completion of action on the appeal.

The key factors in the placement of story poles are that the poles accurately show locations and proposed heights and remain "accurately" in place during the course of project review. If poles are not installed accurately, the ASCC may continue project review until such time that the pole placement has been corrected ..

In addition to the above, the following story pole guidelines should be followed:
story poles -- requirements and guidelines, April 26, 2010 - page 1 Portola Valley

• The story pole site plan shall clearly identify where the story poles have been placed, what they model and the heights of the story poles relative to existing ground elevation.

The tops of the story poles should accurately match the heights of the features they are modeling and the heights of the poles should be clearly recorded on the site plan. The story pole plan and the actual placement of the story poles shall be certified by the project surveyor, engineer or architect.
• The story poles should model the proposed ridgeline heights and should outline the locations where the roofs meet the planned wall planes and not the roof eave extensions.
• The tape used to outline the ridges and tops of walls should be tightly strung and have sufficient size and color to be readily identifiable from reasonable distances. Further, the story poles should be of sufficient size, 2"x4" or heavier boards, and placed with sufficient support to stand for two weeks without leaning so that taping can be as stable as possible during the project review process.
•
If, during the course of project review, a design change is made or required by the ASCC that changes the planned heights, the story poles shall be .modified if required by the ASCC. If the story poles are required to be modified, they shall be in place in the modified condition at least 10 days prior to final ASCC action.

If the application requires public hearing review by the Planning Commission, the story poles shall remain in place until the Commission has completed its review. Once the application has been reviewed and acted on by the Planning Commission, the story poles shall remain in place
.
during the appeal period, which will
_
9e 15 or 30 days after the action d�pe
.
nding on
the nature of the specific application. The poles shall be removed within 10 9ays of _the expiration of the appeal period. If an application has been appealed, the poles shall remain in place during the appeal process and removed within 10 days of completion of the action on the appeal.

Timely removal of story poles maintains the visual quality of the Town and is respectful of relationships with neighbors.
story poles -- requirements and guidelines, April 26, 2010 - page 2

Planning Handouts | Supplemental Application Page 1 of 7

COMMUNITY DEVELOPMENT DEPARTMENT
630 GARDEN ST. SANTA BARBARA, CA 93101
(805) 564-5578 | SantaBarbaraCA.gov

VISUAL AIDS &

STORY POLES

SUPPLEMENTAL APPLICATION

GENERAL INFORMATION
WHAT IS A VISUAL AID?
“Visual aids” include story poles, photo simulations, digital animations, and other means, such as 3-D computer models, to assist the City and the public in understanding a project’s size, bulk and scale in relation to the neighborhood and its effects on important public scenic views.

WHEN ARE STORY POLES NECESSARY?
Story poles are required on most development review projects subject to review by the Planning Commission or Staff Hearing Officer in order to make the required findings, or when necessary to make a determination on whether the project will result in significant environmental impacts on important public scenic views. Design Review bodies also require story poles or other visual aids in order to make findings regarding appropriate size, bulk and scale, and neighborhood compatibility.

HOW DOES THE PROCESS WORK?
If required, story poles shall be installed after design review conceptual review but before project design approval or Planning Commission or Staff Hearing Officer review. Planning staff, or the design review bodies, may consider exceptions to the requirements for story poles, based on the criteria described on page 3, prior to determining application completeness. Design review bodies or planning staff may also request other visual aids, such as photo simulations, perspective drawings, neighborhood context studies, three-dimensional aerial views, or massing models, on a case-by-case basis.

Visual Aids & Story Poles
Planning Handouts | Supplemental Application Page 2 of 7

STORY POLE REQUIREMENTS
Story poles are required for the following projects. On development review projects, exemptions must be requested by the applicant and granted by staff prior to determining application completeness. On design review projects, the design review body will consider requests to waive story poles during conceptual review.

Development Review Projects
• A new nonresidential, mixed-use, or multi-unit residential building, or substantial addition, that exceeds 17-feet in height from existing grade.
• A new single-unit residential building, or substantial addition, when ANY of the following apply:
- Floor to lot area ratio exceeds 0.40
- Height of the building substantially exceeds that of surrounding buildings - Building will block or reduce important public scenic views - Building is highly visible to the public*
- Proposed on, or to project above, a topographic ridgeline - Exceeds 85% of the required Maximum Floor Area
Design Review Projects
• A single-unit residential project that exceeds 85% of the required Maximum Floor Area • At the discretion of the design review body, story poles may be required if the project has the potential to substantially exceed the height of surrounding buildings, or block or reduce important public scenic views, or if the majority of the design review body is having difficulty finding the project consistent with the Project Compatibility criteria or Neighborhood Preservation findings. • Multi-unit housing projects using the Average Unit-Size Density Incentive Program require story poles when ANY of the following apply (per City Council Resolution 17-006):
- Projects with 4 stories located outside of El Pueblo Viejo (EPV) Landmark District - Projects with 3 stories, or that measure 30-feet or more in height (whichever is lower) when proposed in a residential zone (R-M or R-MH Zones)
- Projects with 3 stories, or that measure 30-feet or more in height (whichever is lower) when proposed in a location where 3-story buildings do not currently exist within 300-feet of the project site. - Projects of any height proposed within 150 feet of a designated Historic Resource - Projects that require Planning Commission Concept Review pursuant to Section 30.150.060, PreApplication and Concept Review Required. - Projects that are determined to be highly visible to the public* and referred by the design review body for Planning Commission comments.

Visual Aids & Story Poles
Planning Handouts | Supplemental Application Page 3 of 7 Projects That Do Not Include Buildings
Tentative Subdivision Maps often do not include future buildings to be constructed on the new parcels. In order to provide information necessary to evaluate the project, the following information shall be provided on site for the Planning Commission or Staff Hearing Officer site visit:
• Mark all trees to be removed.
• Stake all building envelopes or footprints and driveway locations. • Stake or otherwise mark all existing and proposed property and parcel corners. • In some cases, where impacts on important public scenic views are potentially significant, story poles may be required to delineate a reasonable worst-case scenario for environmental review. Planning staff will determine if they are required. In some cases, staff may request story poles to show retaining walls that are more than 42-inches in height. Story poles should be installed at the ends of the retaining walls, as well as at various points in-between sufficient to indicate the length and height of the retaining walls.

Criteria for Story Pole Exemptions
The following projects may be exempted from story pole requirements if planning staff, or the design review bodies, make the following determinations during Conceptual Review, or prior to determining application completeness.
• Structures are clearly consistent in terms of size, bulk, and scale with other buildings in the surrounding neighborhood.
• Structures are the same height as, or smaller than, existing buildings in the neighborhood. • The proposed structures will not involve blockage or substantial reduction of an important public scenic view.
• The proposed structures will not be on or project above a topographic ridgeline. • The existing condition of the site (dense vegetation, existing buildings, etc.) does not allow for adequate story pole installation. In this case, one or more of the other types of visual aids will be required.
*Highly Visible to the Public. A building, structure, or improvement is highly visible to the public if it appears prominently and is easily observed by an average person standing or traveling upon a public right-of-way (including streets and sidewalks) or prominent and easily visible from a public park, beach, or other area generally open for public use. A building, structure or improvement highly visible to the public usually fronts public streets or other public areas.

Visual Aids & Story Poles
Planning Handouts | Supplemental Application Page 4 of 7

SUBMITTAL INFORMATION
Provide any supporting materials described in this Supplemental Application and submit it along with a complete Planning (PLN) Application.

STORY POLE SITE PLAN
Plans are required for all story pole installations prior to the application being determined complete.

Location
Show location and height of each pole. Show major plate heights and ridgelines to be identified in the field. Focus on major ridgelines and wall plate lines along the building edges. The goal is to show a simple “box” that outlines the mass of the building. It is not necessary or appropriate to include all of the articulations. Do not forget to account for proposed changes in grade or finished floor with depictions of proposed finished height and elevation notations. Show location of any stakes or chalk/string lines used to outline the building footprint.

Legend
Include a legend on the Story Pole Plan that shows the location of each story pole with a symbol for each story pole that includes its number, location and height. In addition, all stake locations and all chalk/string line locations shall be noted.

STORY POLE INSTALLATION
Story poles shall be installed prior to the public hearing for decision-maker determination as follows.

Materials
Story poles should be made of 2x lumber, PVC piping, or other sturdy material and should be properly braced for safety purposes. The connections used to show ridgelines and plate heights should be made of bright construction tape or netting. Other materials may be acceptable, subject to approval by the Planning Division.

Placement
The major building corners, outer plate heights (not the outer edge of the eaves) and ridgelines should be shown. In addition, stake and string or chalk the property lines where they are not clear and outline the building footprints with stakes and strings or chalk lines. Also, mark all trees to be removed. If there is substantial grading that will result in tall or long retaining walls, the Planning Division may request that their location and height be marked on the property. The number and placement of story poles may be reduced in order to reduce costs, subject to consultation with staff or design review bodies, to assure that there will be sufficient story poles to illustrate the end product.

Timing
The story pole installation shall be completed a minimum of 7 days prior to the public

Visual Aids & Story Poles
Planning Handouts | Supplemental Application Page 5 of 7 hearing and shall stay in place until the public hearing, unless story pole placement will result in substantial obstructions to the existing use of the property and a shorter installation period has been approved in advance by the Planning Division. For major projects, longer installation periods may be required. Planning staff will determine whether they will be installed prior to the environmental hearing or for the project consideration hearing. In certain circumstances, re-installation of the story poles may be required for City Council appeals. The applicant may choose to leave the installation in place until the appeal period is over.

Adequacy
In the event required story poles are not installed, or are inadequate, the applicant will be requested to install or improve the story poles and the project hearing will then be continued to a future date to allow the decision-making board or commission to make an additional site visit.

Photographic Record
Once the story poles are in place, the applicant shall photograph the story pole installation, including any angles from which it is visible to the public. Where the project has the potential to affect important public scenic views, additional photos from more distant points may be required. Include a plan or map showing the locations from which the photos were taken and the direction of the photos (i.e., with an arrow), keyed to the photos. The record shall be submitted to the Planning Division at least 1 day prior to removal of the story poles or earlier, if possible. It is recommended that at least one of the photos include a person next to a story pole to provide scale. In addition, prior to issuance of the Final Inspection/Certificate of Occupancy for the project, the applicant will be required to submit photographs of the completed building from the same locations as the photographs taken of the story pole installation for documentation purposes.

Certification Letter
Story poles shall be installed and certified by a licensed professional (surveyor, engineer, architect, landscape architect or contractor). A signed certification letter shall be submitted to staff after installation of the story poles, and before their removal. The certification letter shall include the project address, Assessor Parcel Number (APN), the PLN Record ID number, plus the following statement:

This is to certify that on ________________________ (date), the story poles located on the above-referenced site were installed or inspected by the undersigned, and found to be in conformance (+/– six inches) with the design, height and location shown on the plans, elevations and the attached story pole plan. For additional information, please contact me at:
_______________________________________ (Email and Phone No.) _______________________________________ Signature
_______________________________________ Name (printed or typed) _______________________________________ Title and Professional License Stamp

Visual Aids & Story Poles
Planning Handouts | Supplemental Application Page 6 of 7

OTHER VISUAL AIDS
Other visual aids are required as noted below or may be requested on a case-by-case basis by the design review body or planning staff prior to project design approval.

NEIGHBORHOOD CONTEXT STUDY
A Neighborhood Context Study is required on all Full Board/Commission projects to assist in the presentation of proposed infill development projects. A Neighborhood Context Study is required for SFDB projects greater than 85% of the maximum required Floor to Lot Area Ratio (FAR). • The Neighborhood Context Study should include at least 10 surrounding parcels (ABR and HLC) or 20 surrounding parcels (SFDB projects). Begin by selecting all parcels directly abutting the project site, parcels located directly across the street and at least one parcel in each direction along the streetscape.
• Aerial Photographs to show the project’s site and the parcels selected for the Neighborhood Context Study. The maps must display the following: property lines, building outlines, and locational reference for the photos provided.
• Supplemental photographs must include the following: all buildings, any established public vistas of the ocean and mountains, photos must be keyed to match the locational reference on the map described above.
• Neighborhood context data for the surrounding properties should include heights of buildings, number of stories, zoning designation, size of parcels, building lot coverage (square footage of building outlines).

PHOTO SIMULATIONS
Photo simulations help demonstrate how a proposed building will integrate into its surroundings. • At a minimum, the proposed project shall be shown as an overlay over the existing property, showing the existing buildings on either side of the proposed project for a minimum of one parcel in either direction.
• The photographs should be taken at eye level (approximately 5 feet above grade). Reduce proposed building elevations to match the scale of the photographs and overlay on the site photograph. Color the elevation to match the proposed materials. If landscaping is shown, it shall be shown at no more than 5 years growth unless it is included as a separate overlay.

Verify the accurate depiction of plate height, overall roof height and other measurements. • Include a map or plan showing the locations from which the photos were taken and the direction of the photos (with an arrow), keyed to the photos.
• The photo simulation may be created by combining a drawing of the proposed building with photographs. The drawing may be cut out and pasted into a panoramic photograph or several photographs put together into a montage of the subject property and neighboring properties. It is vital that the scale of the drawing accurately match the scale of the photographs. Also, the viewing perspective of the drawing must accurately match the viewing perspective of the

Visual Aids & Story Poles
Planning Handouts | Supplemental Application Page 7 of 7 photographs. An effective and accurate way to produce the photo simulation is with a computer program such as SketchUp, CAD, REVIT, or similar 3-D program. • Streetscape: In some cases, a larger section of streetscape, such as the entire street block, may be required to be presented to evaluate a project’s compatibility. In these cases, a rendered streetscape elevation may be required. The elevation may need to show all of the buildings on the block, including the proposed new building. This elevation should be no less than 1/8” scale and should be in color. It is helpful to see the streetscape drawn with and without trees. An additional plan sheet might include building elevations that are colorcoordinated to show the setback from the street (0 to 5 feet, 5 to 10 feet, etc.).

PERSPECTIVE DRAWINGS
A perspective drawing shows an object as solid volume, rather than as a flat, two-dimensional drawing and shows the composition of the project as it would appear from a certain distance and height, or “perspective” from the project.
• Perspective drawings from one or more prominent viewpoints may be required. All roofing variations, wall articulation and eave lines (including plate heights) must be shown. Major trees should also be shown. These drawings must be drawn from the viewpoint of a person (approximately 5 feet above grade).
• The drawings should show neighboring buildings and important features of adjacent sites in sufficient detail to demonstrate the relationship between the proposed development and its surroundings.
• The drawing must represent how the proposed project would appear to a passerby as seen from the public street at the primary property frontage. If the project does not have frontage on a public right of way or is not clearly viewable from the public right of way, the drawing must display an on-site front view of the project the drawing must include at least one human figure to give a sense of scale.

THREE-DIMENSIONAL MASSING MODEL & AERIAL VIEWS
Computer based 3-D modeling or physical scale models may help visually explain the project. • Design details are not required; however, all roofing variations, wall articulation and eave lines (including plate heights) should be shown. Major trees should also be included as part of the model. Changes in topography in the area covered by the model must be shown accurately. • Provide a minimum of four aerial photographs from different angles of the existing project site along with the 10 closest properties. Aerial view modeling may be added to the aerial photographs to create a photo simulation to visually represent the proposed project’s building massing, height, lot coverage, and open space in relation to neighboring buildings and the surrounding area.

A technical guide titled A Comparative Analysis of Three Story Buildings for Downtown Santa Barbara with Respect to Size, Bulk and Scale is available on the City’s website to assist in the preparation of supplemental studies for the purpose of comparing height, length, elevation, floor-to-floor heights, and relative scale of architectural elements.

Form # P-15 Rev. 04-03-2019
Story poles are frequently used in Woodside to help decision makers, staff, neighbors, and other interested parties to visualize the mass of a proposed project and potential visual impacts to adjacent properties and streets. Story poles should reasonably indicate building corners, roof ridges, setbacks, or other physical aspects of the projects.

Story poles should be erected at least ten days prior to the meeting date, and removed no later than fourteen days after the appeal period ends, unless requested differently by staff.

Please follow these steps if your project entails a second story addition, a new structure, a major addition, and/or if staff requests that they be erected.

1. Erect poles equal to eave heights at each corner of the proposed structure. Such poles should be erected at appropriate heights to approximate heights of the finished project.

2. Erect story poles equal to the heights of the proposed roof ridges. Poles should be placed at the ends of the ridges.

3. Connect the eave poles and ridge poles with ribbon or boards so that the outline of the proposed structure/project is easily discernible on site. (See diagram below.)

4. All story poles need to be erected so as to withstand weather and remain standing until meeting dates.

5. If a new driveway entrance is being proposed, please mark the driveway with white stakes to show where it will enter the road.

6. If address numbers are not clearly seen from the roadway, please place a sign at the property entrance which identifies the address of the property.

7. If a swimming pool and/or gate is proposed, the location(s) of the swimming pool and/or gate shall be shown using stakes for the gate and string or ribbon for the swimming pool.

Contact Planning Staff (650 851-6790) at the Planning Department should you have any questions, or would like direction as to what poles need to be erected.

LOCATION OF STORY POLES – WORKSHEET

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PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 05/24/2023
ITEM NO: 2

ADDENDUM
DATE: May 23, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Modifications to the Town Height Pole and Netting Policy for Additions and New Construction.

The Proposed Amendments to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.

REMARKS:

Exhibit 5 includes public comment received between 11:01 a.m., Friday, May 19, 2023, and 11:00 a.m., Tuesday, May 23, 2023.

EXHIBITS:

Previously received with the April 26, 2023, Staff Report:

1. Current Story Pole Policy

2. Story Pole Installer Input
Previously received with the April 26, 2023, Addendum Report:

3. Public Comments received between 11:01 a.m., Friday, April 21, 2023, and 11:00 a.m., Tuesday, April 25, 2023
Previously received with the May 24, 2023, Staff Report:

4. Story Pole Policy Examples
Received with this Addendum Report:

5. Public Comments received between 11:01 a.m., Friday, May 19, 2023, and 11:00 a.m., Tuesday, May 23, 2023
ATTACHMENT 7

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From: Chris Spaulding
Sent: Friday, May 19, 2023 2:27 PM
To: Jennifer Armer <[email protected]>
Subject: Re: Planning Commission to Continue Discussion of Modifications to Story Pole Policy [EXTERNAL SENDER]
Hi Jennifer,
I'd be happy to add some comments:

1. The requirement for orange netting is unnecessarily alarming. There is no need to scare people. No new structure will be bright orange. If the purpose is to encourage people to complain, then the orange netting is working.

2. The story poles are also unnecessarily expensive. Many cities allow individual story poles, without the need to connect them together with netting. The netting is actually the expensive part, as it requires a lift to attach the netting that high above the ground.
- Chris

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PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 05/24/2023
ITEM NO: 2

DESK ITEM
DATE: May 24, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Modifications to the Town Height Pole and Netting Policy for Additions and New Construction.

The Proposed Amendments to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.

REMARKS:

Exhibit 6 includes Planning Commissioner comments.

EXHIBITS:

Previously received with the April 26, 2023, Staff Report:

1. Current Story Pole Policy

2. Story Pole Installer Input
Previously received with the April 26, 2023, Addendum Report:

3. Public Comments received between 11:01 a.m., Friday, April 21, 2023, and 11:00 a.m., Tuesday, April 25, 2023
Previously received with the May 24, 2023, Staff Report:

4. Story Pole Policy Examples
Received with the May 24, 2023, Addendum Report:

5. Public Comments received between 11:01 a.m., Friday, May 19, 2023, and 11:00 a.m., Tuesday, May 23, 2023
Received with this Desk Item Report:

6. Commissioner Comments
ATTACHMENT 8

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From: Emily Thomas
Sent: Wednesday, May 24, 2023 10:15 AM
To: Alexa Nolder
Cc: Joel Paulson; Jennifer Armer; Jocelyn Fong
Subject: Re: ADDENDUM: Planning Commission Meeting - 05/24/2023 Hi,
Can the following suggestions to the Story Pole Policy recommendations be shared as a Desk Item, please?
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:
• For Hillsides and Open Space:
o New Buildings
o Second story additions
o Additions exceeding 900 square feet and increases in roof height o Accessory structures exceeding 900 square feet
o Tees proposed to be removed (marked with ribbons, tags, or other approved & obvious marker)
• Other:
o Projects in Historic Districts asking for exceptions to height, FAR, setbacks (?), etc o Special Story Pole Requirements for “Specific Plans” (ie North 40 Specific Plan) (if legal and possible)
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.

E. Sign Content:
o Requirements need to be updated (the address and phone number of the planning department is less helpful than website information) - what information should be required to be included?
o How can we make sure these signs act as a "visual notice" for the community? o Can we require a QR code and/or website link for people to scan to get to the application? Contact information for town staff or developers? Town Meeting & Agenda page? AND any digital representations required?
The above ideas are informed by the following:
• The Town's Current Height Pole and Netting Policy
• The Town of Los Altos' findings that story poles (1) add subjectivity, (2) extend the review process, and (3) add additional cost
• Los Altos Hills current Story Pole Policy
• Information provided in the staff report and exhibits (including public comment) Thanks,
Emily Thomas
EXHIBIT 6

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LOS GATOS PLANNING COMMISSION 5/24/2023
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A P P E A R A N C E S:

Los Gatos Planning
Commissioners:

Jeffrey Barnett, Chair
Steve Raspe, Vice Chair
Susan Burnett
Kylie Clark
Melanie Hanssen
Emily Thomas
Town Manager: Laurel Prevetti
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 9

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P R O C E E D I N G S:

CHAIR BARNETT: Now we’ll move onto Agenda Item 2,
which is a submission by the Town in which we are asked to consider a request to forward a recommendation to the Town Council on Modification to the Town’s Height Pole and
Netting Policies for Additions and New Construction. Staff notes that the proposed amendments to the Town policy are not considered a project for purposes of CEQA.

Are there any disclosures by Commissioners?
Seeing none, is there a Staff Report on Agenda 2?
JENNIFER ARMER: Good evening, Chair, Vice Chair,
and Commissioners. The item in front of you is
consideration of changes to the Town’s Height Pole and
Netting Policy, often referred to as the Story Pole Policy.

This discussion is a continuation of the item from the
April 26th Planning Commission meeting.

The reason for considering the current Story Pole
Policy started with recent requests for exceptions to the current Story Pole Policy, but additional questions and suggestions have been raised in the public comment and at the April meeting.

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The written Staff Report that has been provided
to you for your discussion tonight provides a series of topics for discussion presented as a series of questions.

First, should the Town retain a requirement for
installation of story poles for development projects? If yes, then what types of projects should be required to
install story poles? What types should be excluded or
exempt?
Should the current requirements be modified?
Should specific alternatives be detailed in the
Story Pole Policy?
Should a modification be made to change the
decision maker for the exception requests or certain
exception requests?
Should the requirement for submittal and approval
of a Story Pole Plan be removed from the policy?
This concludes Staff’s presentation, but I’d be
happy to answer any questions.

CHAIR BARNETT: Thank you for the presentation.

Are there any questions of Staff at this time? Commissioner Hanssen.

COMMISSIONER HANSSEN: I have a question about
ADUs. It doesn’t specifically say that we do or don’t

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require ADUs, but I would assume that we cannot require story poles for ADUs.

JENNIFER ARMER: Thank you for that question.

That’s correct. Because Accessory Dwelling Units are
processed as a non-discretionary process at this time it’s actually just a Building Permit for those applications, Story Pole Policy would not apply to those.

COMMISSIONER HANSSEN: So when it says additional
structures, it would be a nonresidential structure on a property, like a pool cabana or something like that, not an ADU?
JENNIFER ARMER: It could be if there were
multiple structures on a property, but for Accessory
Dwelling Units, because they are ministerial, they would not be required to do story poles.

COMMISSIONER HANSSEN: Chair, one more question.

CHAIR BARNETT: Please.

COMMISSIONER HANSSEN: One of the things that
were suggested in the Staff Report is a possibility to
consider if it was the will to continue the Story Pole
Policy. One thing that could possibly be an exception was 100% affordable housing, so what would qualify as 100%
affordable housing? People would want to understand that.

So the North Forty has met requirements for affordable

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housing, but it’s not 100% affordable, so 100% affordable is what?
JENNIFER ARMER: Thank you for that question. I
would say that if that is the recommendation of the
Planning Commission that we could provide some additional information to Town Council about the different levels of affordability and what those thresholds are for them to consider whether there is a specific threshold, but in
general what I would say is that if all of the units in the proposed development are deed restricted to be below market rate, that that would qualify as 100% affordable housing.

CHAIR BARNETT: Other questions for Staff?
Commissioner Clark.

COMMISSIONER CLARK: Thank you. I have two
questions. First I was wondering what we do for a proposed 70’ tall building, for example? I can’t imagine that we can do story poles that tall.

JENNIFER ARMER: Thank you. My understanding is
that for that type of building there are some options that could be considered, for example, getting the large cranes that are used in high construction, and those get set up to have the string of flags between them. I believe that when we had the Netflix development coming through that they did something similar to that to show what the height was. You

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can imagine though that, depending on how many of those cranes you need to have, it is something that becomes a pretty significant investment, especially depending on how long they need to be in place for.

COMMISSIONER CLARK: May I ask a second question?
CHAIR BARNETT: Please.

COMMISSIONER CLARK: Thank you. The other thing I
was wondering is one of the possibilities that was
mentioned is only showing things like front façade or
tallest ridge and things like that, and I know it varies drastically I’m sure between projects, but in general would that save a considerable portion of the cost for a lot of projects?
JENNIFER ARMER: My understanding is that the
extent of the story poles and netting does add
significantly to the cost, and so if it were just showing certain portions that would reduce that impact. We will have some members of the public speaking. I know that we do have a few developers joining us to provide their
perspective, and so that type of question based on their experience may add to the Commission’s discussion.

COMMISSIONER CLARK: Thank you.

CHAIR BARNETT: Anything further? Commissioner
Thomas.

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COMMISSIONER THOMAS: Thank you, Chair. I have
two questions for Staff. The first is that in our current policy it states that the story poles enhance understanding of the project for Town residents, Staff, etc., including us. Can Staff make decisions without story poles? I have an assumption about an answer, but I still want to know.

Then are there any instances where story poles
are necessary for Staff to make decisions?
JENNIFER ARMER: Thank you for that question. I
would say that it is not the majority of the agencies in Santa Clara County that actually require story poles and that there is a clear answer of yes, Staff can make
decisions without story poles.

COMMISSIONER THOMAS: Is there any instance that
anyone would know about where they would be really
important to the decision making process on your end?
JENNIFER ARMER: From Staff’s perspective, I
don’t believe that it would be required for us in making our recommendations for compliance with the regulations, because there would still be the information in the plans.

As stated at the beginning of Story Pole Policy, it has a multi-pronged kind of purpose, and so it is a question of what the intent and goal of the policy is and how best to accomplish that.

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COMMISSIONER THOMAS: Thank you. May I?
CHAIR BARNETT: Please.

COMMISSIONER THOMAS: Thank you. My second
question is about the Story Pole Policy, and I know we
discussed this a little bit last time too, but I just
wanted to clarify, is the Story Pole Policy helpful for Staff, and if yes, why? Then, on average do you approve the Story Pole Policy or do you suggest changes before the
story poles actually go up.

JENNIFER ARMER: Thank you for that question. As
mentioned at our last meeting, we find that it is helpful to have the Story Pole Policy in advance so that Staff has the opportunity to make sure that the critical elements of the building are represented, and there is the concern that if there wasn’t a Story Pole Policy but Staff was still expected to go out and take a look and make sure that it really was fully represented that there might need to be modifications in the field to what was installed, so that’s part of the question behind it and I think we do often
indicate a need to have more poles, or different poles, or something is inconsistent.

I’m not sure how often there would actually need
to be changes in the field, because based on my experience the story pole installer will represent the building

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reasonably well. Sometimes the corrections to the Story Pole Policy actually just have to do with how it was drawn rather than how it would all actually be installed.

One of the additional benefits to having a Story
Pole Policy that we have found is that it sometimes is
helpful to members of the public to understand how those poles and netting represent the building that is drawn in the plans.

CHAIR BARNETT: Commissioner Burnett.

COMMISSIONER BURNETT: Thank you, Chair. The
Story Pole Policy has been in effect since 1998. I’m
wondering why now are there changes that want to be made to it? Is it because of the new pending larger projects? I know the builders have always known of the cost. This is usually a built-in cost and they’ve been aware of this, so I’m wondering is there something that has triggered the desire to change our policy?
JENNIFER ARMER: Thank you for that question.

Yes, as stated in the Staff Report the reason for bringing this forward was based on direction from Town Council,
because we have had several taller projects come through that required a request for an exception, which added
multiple months to the process for those and added to the work of the Town Council, and Council indicated that once

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buildings go more than 35-40’ that this may be a recurring issue. They did ask Staff to bring to Planning Commission this discussion for what modifications may be needed.

In addition to that, you have heard and seen in
written comments a number of other concerns from the public and suggestions for modifications and alternatives, and so those have also been incorporated into the items proposed for consideration tonight as part of this discussion.

In addition, as was previously mentioned, there
also is a discussion for production of housing and whether this is considered a governmental constraint. It is
something that is currently in the Draft Housing Element for consideration, that we would look at the Story Pole Policy to consider whether modification should be made. No determination has been made whether it needs to be changed.

CHAIR BARNETT: Does that answer the question?
Any further questions of Staff at this time? If not, we’ll open the public portion of the public meeting on Item 2 and invite comments from members of the public, and we’ll start with anyone who may be participating on Zoom. Mr. Paulson, do we have any?
JOEL PAULSON: Thank you, Chair. For the
participants on Zoom, if you wish to speak on the Story

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Pole Policy please raise your hand. The first speaker will be Jessie.

JESSE BRISTOW: Good evening. I’m not sure if you
can hear me, but my name is Jessie Bristow of Swenson
Builders and I’m listening in for YouTube because there is no audio on Zoom, but I hope you can hear me, and it looks like everyone can.

I’ll just speak to our project, which is on
Shelburne and Winchester, and as earlier discussed the
project that we’re proposing, the building height is around 38 feet and then we have a mansard roof, which is designed to hide the solar equipment and heating and all those
things and reflect the architecture that was requested per our Community Advisory Committee meeting.

Essentially what happened is we used string flags
to accommodate that size, because once you go that height you cannot do netting and so we had asked for a Variance, and then actually had to ask for a Variance twice because of trying to implement that new design that Council
recommended for us, and additionally all the storms that we had, so now we have a Variance to create a 3-D walk-through video of the project, which we actually feel articulates the architecture in the finished project much better, but I

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would agree with the discussion that it could be a
constraint for future housing.

It is exceptionally costly. The vendor that we
used is one of, I want to say, two in the Bay Area and our initial install was about $70,000, and on top of that we pay about $7,000 a month on rent for those flags that
essentially aren’t doing anything for our project, and
we’ve had those flags installed since November, so it is painfully expensive and it does prevent us from trying to move our project forward to the Planning Commission.

And again, one of our discussions that we had at
our most recent City Council meeting was do the flags
really even highlight what’s going to be there? There were some neighbors and some Council Members saying, “We just see some orange flags in the sky and we don’t know what that means,” and so I feel that it can be prohibitive.

I think there are alternative solutions, such as
renderings, such as videos. We have a lot of technology today that we can use, so that’s just our experience in a nutshell.

I apologize, I only have three minutes, but we do
encourage a change to the policy, especially with future RHNA housing goals and density bonuses that allow you to break the height. Thank you for your time.

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CHAIR BARNETT: Thank you very much, Jessie, and
before you go we will ask any of the Commissioners if they have questions for you? I’m not seeing any. Thank you very much. Oh, I guess I would like you to explain the video process, like were there particular protections to make sure that it was accurate?
JESSE BRISTOW: (No response.)
CHAIR BARNETT: He may have hung up.

JOEL PAULSON: Did KCAT look into…
JENNIFER ARMER: KCAT did check and they’ve got
the audio coming through, so they’re not sure whether it’s something on his end.

CHAIR BARNETT: Well, Jessie, we’ll give you
another opportunity to participate after we’re done with the other public comments, and I’d like to see if you have responses to that kind of question, or if any other
Commissioners at that time wish to ask questions of you.

Do we have anyone on Zoom, Mr. Paulson?
JOEL PAULSON: Thank you, Chair. If anyone else
on Zoom would like to speak on this item, please raise your hand. I’m not seeing any hands yet, Chair, but maybe we’ll go to the folks in the room and then reach out again.

CHAIR BARNETT: Agreed. So why don’t we start
with Mr. Fagot? Thank you for coming and speaking.

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LEE FAGOT: Good evening, and thank you all for
the work that you’re doing on behalf of our community.

Appreciate it. I’m speaking as an individual in our town, a long-term resident; I’m not representing any groups.

I think that we need to be considerate of the
long-term impact of new construction that goes on in town, regardless of whether it is residential, commercial, or whatever. It’s there for a long time and it’s in a variety of different types of neighborhoods, historic as well as general commercial, and so forth. It is not just in that particular neighborhood where the construction is
occurring, but it is impactful town-wide, and therefore all members of the community, all members of the Town, should be able to see what this new construction is going to look like.

I like the idea of the virtual, but not alone.

I’m advocating for the story poles. Story poles help give a better image of what the impact is going to be from
different perspectives as you look at the site,
particularly with the hillsides and our various
topographies.

I believe that there is an opportunity to perhaps
have less dense netting so it’s not going to be impacted by strong winds as we saw back in December and January, so

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that type of amendment I think would be very helpful for the contractors, and story poles without netting makes no sense.

I think also the suggestion that was made to put
flags at the top where the peak of a roof would be would help to give it a perspective, so the flags with less dense netting would be good with these story poles.

Also, markings on the story poles like every 10’
so you get a sense of how high this construction is going to be, and those markings should start at the new grade, not just where the site is currently.

That’s my proposal. Please consider that as you
make a decision to make your recommendation to the Council.

Story poles have been working for a long time. Yes, there is a cost associated with it, but the benefit is the larger community gets to see what the impact is going to be on that site, and that’s helpful for this town to have its sense of community and wellbeing. Thank you for your time and your work for us.

CHAIR BARNETT: Thank you, and I’ll ask if any
Commissioners have questions for you. Commissioner Thomas.

COMMISSIONER THOMAS: Yes, I do. Thank you, Mr.

Fagot, for coming tonight.

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My question for you is you mainly mentioned new
construction. Our Story Pole Policy accounts for remodels and things like that, so I was wondering what your feelings were about those?
LEE FAGOT: When I say new construction I mean on
perhaps an existing site that has already been developed, so not just a blank tarmac.

COMMISSIONER THOMAS: So additions and new
builds?
LEE FAGOT: Correct.

COMMISSIONER THOMAS: Thank you.

CHAIR BARNETT: Thank you. Any other questions?
It looks like not. Thank you again. We’ll now call on Mr.

Cross.

NOEL CROSS: Thank you. My name is Noel Cross;
I’m a practicing architect for over 35 years, and most of that has been in the Town of Los Gatos and I’ve had maybe dozens of projects before the Commission.

I hope you read our letter. Bess Wiersema mostly
wrote it, but there are six or eight of us architects that regularly go before this Commission and work with the Town and we had a lot of input into that. Thank you for letting us talk about something that we deal with every day very

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intimately and we know all the ins and outs of it. I’d like to underline just a few points in the letter.

Basically story poles are really more hurtful
than helpful. They really don’t represent the character of the building at all. They represent only the worst parts of it: the mass, the height and the bulk of the structure, but they don’t communicate any nuance, any materials, color, shade, shadow, roofline, proportion, all the things
architects care passionately about and we work on in our 3- D renderings, and we think about that all the time, and those things go up and it conveys none of that.

What I have learned in over 35 years of doing
this is that the neighbors of our projects are very
fearful, mostly about the unknown, and because these story poles convey none of the nuance and the beauty, how the sun reflects off of a roof or wall or how a certain overhang shades the building, none of that gets conveyed with these story poles and so it only stokes the fear and makes it worse. Our renderings are way better at communicating
actually what is going on, because sometimes there are
areas where the hill is graded away, there’s a fence,
there’s some trees, there’s landscaping, all of which is in our renderings, none of which is conveyed by these story poles.

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An analogy is it’s like trying to convey one of
Mozart’s most beautiful symphonies by just showing you the sheet music; you don’t get it at all. You don’t really
understand any of it.

Also, the ironic part is the color of the netting
is orange. Somebody did the research and it’s an LRV of 44, but the Hillside Design Guidelines require nothing more than a 30. Why are we having something orange and
fluorescent when that is not what is really going to be up there? Most roofs are dark, earth tone, black, brown, grey, and the orange is not a color that’s in any project I’ve ever designed, that’s for sure.

CHAIR BARNETT: Unfortunately, your time is up.

You’ll have a further opportunity to speak if there are questions from the Commissioners. Vice Chair Raspe.

VICE CHAIR RASPE: Thank you, Chair. First of
all, thank you, Mr. Cross, for your comments. You indicated that you are an architect practicing here in Los Gatos. I imagine you’ve practiced in other jurisdictions as well? NOEL CROSS: Oh, yes.

VICE CHAIR RASPE: Can you explain to us your
experience in other jurisdictions that don’t use story
poles? How do you convey the massing, the idea of the
building, in those jurisdictions?

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NOEL CROSS: They rely on our renderings.

VICE CHAIR RASPE: How do you convey those to the
public?
NOEL CROSS: Well, we have to turn in renderings.

We do it because it’s a smart thing, showing floor plans and elevations. Most people can’t understand that, so
computer renderings are really the… And they’re extremely accurate, because they have to be, because we’re designing the entire building; we’re representing it. They also
become our elevations which get measured by Staff, and so it’s really something from which you get the sense of what the building looks like as opposed to just the poles and the orange netting and all you get is the worst part, which is the size of it.

And to make it worse, especially if there’s any
existing building that you’re either tearing down or adding to, it’s so confusing for people. I did one project in
Saratoga where 80% of the new building was not in the same footprint as the old building, so it would have appeared twice as big, because people cannot subtract the building that’s going to be torn down, and so we were given the
option of not doing them and we took that.

VICE CHAIR RASPE: Thank you. I appreciate that
answer.