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I have two posters of the properties I will refer
to in a moment. You have files of these photos in your
packet. Those are the views from my property onto the lot.
The four issues that we want to address are the
size of the house, the size of the proposal, the size of the building. The second is privacy; we all have very
serious concerns about that. The third is landscaping, and the fourth is maintenance as it relates to the history over the last seven years with these neighbors.
When it comes to the size of the house, yes, this
is a very special location. This would be a beautiful
house, a great house, for another neighborhood, not for the middle of our back yards.
It is a rear lot, and it’s not a rear lot that
was purchased as a rear lot, it’s a rear lot that was
chosen to be a rear lot. The owners purchased the single lot that went all the way from National Avenue to Leila Court. They chose to subdivide this lot, which they have every right to do.
At the time, in October 2020, corridor lots were
not very popular here in Los Gatos, and it was approved because ideally, as the then-architect, Kurt Anderson, said in a justification letter as to why this should be
approved, to make sure that the residences that were built,
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one in the back and one in the front, would match what was in their neighborhood so that there wouldn’t be an overly large, towering house proposed, and sure enough, that’s what we ended up getting anyway.
Our houses that are on the north/northwest have
the special architectural feature that our living areas all face the back; they all face this property. For two of us three of the bedrooms face that side, and the areas that most people use most in their house, our kitchen, family room, and that downstairs bedroom and area, so it’s the spaces that we occupy the most in our house.
CHAIR RASPE: Thank you, your time is up. Before
you sit down though, Commissioners, any questions for this speaker?
COMMISSIONER BARNETT: Do we have a better
representation of the photo, a better location so we can actually see better. Maybe toward the front? Thanks.
CHAIR RASPE: While they’re doing that,
Commissioners, any other questions for this speaker? I
think the Vice Chair has a question.
VICE CHAIR THOMAS: You said that size is a
concern for you, and privacy, landscaping, and maintenance over the last seven years, so with regard to the size, can you explain very concisely what your main concern is?
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HELEN MARTINEZ: The main concern is that it just
doesn’t fit in the area. It doesn’t go along. It completely disrupts the landscape from our homes. It’s bulky, it
doesn’t blend in, it’s massive. Even though there is a
cellar or a basement that’s been added of 12 to 700 square feet, the whole point was to reduce the volume, and you can see in the picture the size; it just does not blend in at all.
The owners have plenty of space. They have 22,000
square feet, and now they have over 10,000, almost 11,000 square feet of space for their dreams and realization.
Our lots are 10,000 square feet and we value
landscaping, we value space. It’s okay that they’re
prioritizing something else, but it just cannot come at the cost of our privacy.
VICE CHAIR THOMAS: Thank you. So, then your
second point was privacy. Can you just state your main
concern from your specific lot and your ownership, or where you live? Thank you.
HELEN MARTINEZ: Sure. As you can see in the
pictures that are there, we have direct sight line pretty much from the entire area facing us. Of course, the windows upstairs that are two proposed bedrooms, that bathroom, and then they even have a storage room that has windows
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directly, directly, facing our house, our bedrooms, our living areas, and even the garage doors on the bottom.
Because our house is at a certain height you have to take a few steps to get into it and then the fence is lower, you can completely see, even from downstairs, so those are the main concerns from our house.
VICE CHAIR THOMAS: With regard to those two
things, is there any type of development on this lot that you would be okay with?
HELEN MARTINEZ: Of course. Yes, of course. We’ve
addressed that there’s a very similar lot nearby, but it’s towering, and they have a very unique…
VICE CHAIR THOMAS: You answered my question.
Thank you.
HELEN MARTINEZ: Oh, sorry.
VICE CHAIR THOMAS: And then also your last
concern was landscaping. Can you just state what your
concern with landscaping is?
HELEN MARTINEZ: Yes, they have offered some
Leyland Cypress trees. All the neighbors have had serious issues with the maintenance of trees currently. They are to be in a 4’x4’ area squinched together. First, they don’t resolve all my privacy issues; more trees would be needed.
But specifically, that type of tree, when they’re together
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they’re not maintained, which has been a big issue. They’re not kept up. They’re a fire danger, and they’re going to overlap over our fence.
VICE CHAIR THOMAS: So, what type of landscaping
would you be happy with?
HELEN MARTINEZ: We would like different types of
trees that do not grow to be 60’ tall that cover more than the house already requires. And by the way, my son is
allergic to cypress trees, so that also is a concern.
VICE CHAIR THOMAS: Okay, great. Thank you.
CHAIR RASPE: Thank you. Commissioner Hanssen.
COMMISSIONER HANSSEN: Following on our Vice
Chair’s line of questions, the Applicant has stated in a number of responses in our report from Staff about all the things that they’ve done to try to address privacy.
Specifically, on your concerns of privacy, if as they have stated they would have frosted windows on the back and the side, what would be your additional concern about them
being able to see if they have frosted windows? Is there something else?
HELEN MARTINEZ: Yes. Thank you for the question.
The windows they they’re proposing are not the only ones that directly face my property, it includes the storage room on the right. But frosted windows have to be
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maintained. They don’t block the entire view, and these owners have had the opportunity to face towards the street, the front, to face toward the back. That neighbor has no second floor, has no windows, there’s an attic. They’ve had the opportunity to face diagonal. There is a one-story
house, to face the entire span of that very low lot where there is nothing, to face diagonal towards Leila where
there is a cul de sac and even a basketball court. They’ve had all these opportunities to position as much density as they value, and they’ve put it directly in front of our bedrooms, in front of our living area, and in front of our yards. Frosted windows need to be maintained.
I’ve wrestled with how much to share in writing
or even in presentation with the problems that we’ve had with maintenance. You can get a sneak peek of that in sheet A0.8, the pictures on the right. Fences blowing off and holes being there and not a willingness to resolve that. I won’t bore you with all the details, but it’s been
extremely difficult, and this is an experience across the board with neighbors that in fact didn’t even come up
because when we get together, which is regularly. It’s a very harmonious neighborhood, we don’t discuss this and it came up when this proposal came up, so it’s a concern to
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have those windows directly facing us when they had so many choices.
Even in the current design they have choices to
move those windows to the side. It seems that they have this concern, they’re not facing their yard. We invite
them, we encourage them, we would love for them to face their own back yard or their own front yard and not have those windows looking over ours. They chose to have a
higher density; they have an intention to add two
additional units. Please don’t make our private back yards where we spend every day with our child, our dog, our
families, be like the public square that the high-density buildings get to overlook.
COMMISSIONER HANSSEN: I think I hear and
understand you. I would like to just go back to the frosted windows for a moment. In my home—I live in Los Gatos, of course—we do have one frosted window in the back of our house in one of the bathrooms, and I don’t know why it was frosted; when we bought the house it was already 20 years old. It overlooks the deck that’s attached to our house. I can’t even see the deck from my frosted window, so I’m just trying to understand how frosted windows wouldn’t do it. I understand that you would prefer that they have the windows in other places, but if they can’t see you and they had it,
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say, on the storage area too, I’m still trying to
understand what the concern would be other than you wish that they had put them in other places.
HELEN MARTINEZ: Excellent question. Right now,
they don’t have a plan for them to be in that storage area that directly overlooks… Right now, they don’t have a plan for that, and they don’t have a plan for putting it on the middle bathroom window, so there are two bedrooms upstairs and a middle window. They have no plan to put it on the garage windows that for some reason are facing my property, the garage, when there is all this space.
But frosted windows need to be maintained.
We also don’t know the level of opacity, the
obscurity level. We cannot enforce that; we don’t know it.
Big size windows, different size windows from my
understanding—I’m going to reveal that I’m not an architect or a designer or in any way involved in this—the film
doesn’t fully put the edge; there are still areas. It
truly, truly makes us so uncomfortable to have those
windows directly, and not just me and my property, but an adjacent neighbor, and the neighbor even diagonal to that who you will hear from.
COMMISSIONER HANSSEN: Okay, thank you.
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CHAIR RASPE: Commissioners, any other questions
for the speaker? Seeing none, thank you so much. Our next speaker then is Venkat Vonitla (phonetic). You’ll have
three minutes, sir.
VENKAT VONITLA: My name is Venkat Vonitla and I
have the same concerns as Helen Martinez; I am next to her.
I’m behind the construction.
The only concern is privacy. We cannot use the
back yard. The big windows that they are going to have, it’s going to kill us. We cannot go to the back yard with those windows. They need to do something about those
windows and the privacy.
And balcony, they took care of on the side, it’s
directly looking towards mine and my neighbor’s property.
They are saying five trees, but it’s not going
to… With the previous history, like a big oak tree and
flying sheets, I don’t believe what they are saying like five trees, we are going to maintain those trees, it’s not going to happen looking at the past history.
So, I’m worried about my privacy and that’s all I
want to say.
CHAIR RASPE: Thank you for those comments.
Before you sit, Commissioner, questions for this speaker? Commissioner Hanssen.
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COMMISSIONER HANSSEN: What kind of house would
not affect your privacy?
VENKAT VONITLA: I just want to go for being a
family like us, like what we have, not a big house with multiple families living there, so I just want to have a single-family, less windows, less construction. It’s not private. Privacy is a big concern.
COMMISSIONER HANSSEN: I’m not sure I understand
your comment about multi-family versus single-family. I mean, the Applicant has made testimony that this is their extended family living in their home, which I don’t know why that would constitute a multi-family. If you’re
referring to the ADUs that are proposed…
VENKAT VONITLA: Yes.
COMMISSIONER HANSSEN: …we can say nothing about
those. Every home in Los Gatos and all of California is entitled to build at least one detached ADU and a Junior ADU and it is a ministerial permit. They have to comply with size requirements, but we can say nothing about it; it's California law, so we can’t really take that into
consideration with regard to this house, because everyone in California can do the same thing and it’s law. So, while I appreciate what you’re saying, it’s not this family and they can’t change.
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CHAIR RASPE: Thank you. The Vice Chair has a
question for you, I believe.
VICE CHAIR THOMAS: Thank you, and thank you for
that question, and thank you for coming tonight. My
question is just about what additional changes would you be happy with regarding privacy?
VENKAT VONITLA: Single-family, smaller size, not
a huge building, I mean like not (inaudible) construction (inaudible).
VICE CHAIR THOMAS: Okay, thank you.
CHAIR RASPE: Thank you. Any other questions for
the speaker? Seeing none, I have no more yellow cards for speakers this evening, so thank you for those in the
chambers speaking on this matter. Do we have anybody on Zoom for this matter?
DIRECTOR PAULSON: Thank you, Chair. I’m going to
allow “iPad 3” to speak.
CHAIR RASPE: iPad 3, if you’re speaking on Item
#2, please state your name for the record and you’ll have three minutes to speak.
DAVID RATSABONYAH (Phonetic): My name is David
Ratsabonyuh. Good evening, everyone. And good morning to me; it’s 5:00am here.
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I live at 369 Blackwell Drive, and I’m here to
express my privacy and safety concerns regarding the
construction plans at 15411 National Avenue. I understand the desire to build, but the current design has significant issues that I believe could be better addressed.
I think firstly, privacy. The second-floor
windows and balcony all look at my master bedroom,
bathroom, shower area, and back yard, creating a direct sight line into sensitive areas of my home.
I think frosted windows or trees have been
proposed as privacy solutions; these may not fully address my concerns. Frosted windows can still be opened and I
don’t know what is the level of obscurity that they have.
I respectfully suggest design adjustments like
relocating the windows or using skylights that can prevent this privacy invasion more (inaudible).
I think the second thing I wanted to mention was
like the justification letter that compares this project to nearby structures, including a large hospital and two-story building. However, these examples don’t reflect the unique nature of this flag lot. I think one of the Commissioners pointed that out exactly. A more fitting comparison would be nearby (inaudible) properties like 15439 National
Avenue, which maintain the neighborhood character by
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building a single-story structure on its rear lot; that is what the current neighbors are trying to do.
In summary, I am requesting adjustments that
protect my family’s privacy and property, while allowing sensitive development. Thank you for considering these
concerns, and I’m happy to work with the Applicants toward a more mutually respectful solution. Thank you, folks.
CHAIR RASPE: Thank you so much, and before you
disconnect, Commissioners, any questions for this speaker? Seeing none, thank you, sir.
Any other callers on Zoom?
DIRECTOR PAULSON: Thank you, Chair. I do not see
any other hands on Zoom.
CHAIR RASPE: Thank you so much. Then I’ll ask
the Applicant. You have up to three minutes if you wish to address any of the comments that you’ve heard today, and at least from my own perspective, I encourage you to focus on some of the privacy concerns.
JOSE RAMA: Right. Basically, they’re talking
about windows. The laundry area has a 2’ rear view window at a height of 8’-6”, a peek-a-boo up there to oversee
that. They’re not going to be frosted.
The two windows that are facing the north
portion, they are egress windows. We are under the
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requirement of the 5.1 square feet as the minimum we have.
The two bays will be frosted, diffused, they can’t see in, they can’t see out, but it is an operable window; it has to be. The south portion is also (inaudible) window is not frosted, but it’s a height of 8’, 6’ of seal.
Regarding concerns about trees and the
maintenance of the trees, the only tree they have there is an oak tree that is in great condition that is dividing that tree on 669 Blackwell Drive; it’s in the center of the property, and they provided a clarification that that tree has to stay.
Also, the owner has retrofit the privacy fence, a
brand-new fence, that was just been installed maybe a
couple of months ago.
Regarding the cypress, we are keeping a full
height of 48” box with a full grown of 8-10’. It is a
cypress; they will maintain it. It’s within his property.
There is not a dripline.
Regarding the cellar, we are under the
requirement, so there is no square footage limitation for a cellar there. There is a limitation of height, and we are much lower than what we’re supposed to be, so it is not considered to be a third story.
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Second, the window facing the north portion on
that cellar, it’s much lower. From grade to top it’s only 2’, so there is not really a concern of privacy there.
We could try to see if we could relocate the
windows, but that’s the only egress we have. The pitch of the slope does not clarify a relocation of those windows, so basically it would be a full redesign.
CHAIR RASPE: Thank you, and before you sit down,
Commissioners, any questions? I just have one.
I think one of the speakers indicated that a
family member had perhaps an allergy to the proposed trees.
Would you be willing to use alternatives?
JOSE RAMA: Of course. Yes, sir.
CHAIR RASPE: Okay, thank you so much. Seeing
none, I’ll close the public portion of this matter and
invite my fellow commissioners to pose questions of Staff, of each other, make comments, and/or if appropriate, make a motion. Commissioner Barnett.
COMMISSIONER BARNETT: I have two questions of
Staff.
The first question is if this project were
approved a condition could be a covenant for maintenance of the trees. Could it be imposed or not?
ATTORNEY WHELAN: Yes, that would be defensible.
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COMMISSIONER BARNETT: Okay, thank you. And I
wonder if Staff can comment on the issue of the efficacy of frosted windows. I know that’s been used in the past.
ERIN WALTERS: It has been used in the past; it’s
actually in our Residential Design Guidelines. We do use them for conditions like this often.
COMMISSIONER BARNETT: Thank you.
CHAIR RASPE: Thank you. Vice Chair.
VICE CHAIR THOMAS: I have a couple of questions
about the consulting architect’s comments.
The first recommendation was about the tower, and
we’ve already discussed that. The architect’s actual
comments said, “Specific issues include the following,” and then it notes that it should, “Avoid large and formal
entries unless the norm of nearby homes.”
I’m sorry, maybe you should come back to me. I
need to find my page again.
CHAIR RASPE: Very good, we will come back to
you. Commissioner Hanssen.
COMMISSIONER HANSSEN: Also a question for Staff.
On the frosted windows, I was surprised, because I can tell you I’ve never done anything in the 22 years of owning my home to maintain the frosted window that we have. We might have washed it one time. So, is that a common thing with
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frosted windows that maybe I’m not aware of that you must do something special to maintain them so they remain
frosted?
ERIN WALTERS: I think there are a couple of ways
to frost a window. One would be with a film which might deteriorate, as I can (inaudible) my house. However, if the glass is actually obscure, that’s just a pane of glass and it will not change.
COMMISSIONER HANSSEN: So, if we were to specify
that they must have obscured glass, then there wouldn’t be a maintenance issue, is that what I’m hearing?
ERIN WALTERS: That’s correct.
COMMISSIONER HANSSEN: Okay, thank you.
CHAIR RASPE: Thank you. Vice Chair, are you
ready?
VICE CHAIR THOMAS: Yes. For the design
requirements, basically it says to, “Avoid large and formal entries unless this is a norm for nearby homes…” and then it says, “e.g. projecting or under-eave porch.” Like it’s best to start with that type of entry. Obviously, this
project, they weren’t going back to the start, so they made an adjustment, and I see how it doesn’t comply, but we
don’t have our consulting architects go back and look at the reapplication. I’m just curious what my fellow
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commissioners think, and if you have any information, Ms.
Walters, about if this was semi-addressed or not in Staff’s opinion.
ERIN WALTERS: I can start. It is semi-addressed.
They did modify. Obviously, you can see they modified the front elevation, the side elevation, and it did modify the full tower and it is integrated into that front plane.
VICE CHAIR THOMAS: Okay, thank you. Then I guess
as a follow-up, when we’re saying e.g., these are just
examples of how to change it?
ERIN WALTERS: (Nods head yes.)
VICE CHAIR THOMAS: Okay, thank you.
CHAIR RASPE: Thank you. Commissioner Burnett.
COMMISSIONER BURNETT: Yes, thank you. I’m having
problems with this project after reading our architect’s comments that basically it would be not consistent with the Town’s Residential Design Guidelines, basically 3.2.1 and
3.2.2. There were other guidelines that were suggested and they were followed, but there were some that were not.
I feel that basically it does not fit in the
surrounding neighborhood, which is 3.2.1, which is our
design guideline, and I think it’s a very important one being a flag lot and where this home is situated. I mean,
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it has great prominence and I think it does affect the rest of the neighborhood there.
I think the massing and the size of it is what
I’m having a real issue with. I appreciate that there were some efforts to go along with some of the recommendations by our architect, but I think the major…the tower. I see the redesign, but I think his designs are really an
improvement, and actually I think the architectural
features of his designs basically would fit better in the neighborhood if it wasn’t so large of a house.
The other issue I have with it is that noticing
the photos that were shown, the mountains were eliminated from view from many of the homes there, as well as I don’t know if some of the homes in the area have solar panels, so I don’t know if that would be effected by the height of this home, and I think it’s quite large.
Those would be my basic concerns. Thank you.
CHAIR RASPE: Thank you for those comments.
Commissioners, any other questions or comments? I have one for Staff.
I just wanted to confirm—and we discussed this in
other projects—the Town of Los Gatos does not currently protect, at least in our written codes, light or view
easements. Is that correct?
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ATTORNEY WHELAN: That’s correct.
CHAIR RASPE: As part of our discussions we take
into consideration privacy concerns, generally speaking, correct?
ERIN WALTERS: That is correct.
CHAIR RASPE: Thank you. Commissioner Hanssen.
COMMISSIONER HANSSEN: I have one more question
for Staff. Based on being at the site with only story poles you don’t really know, but it seemed to me—and I’m asking Staff for your opinion’ I’ll leave the back neighbors
aside—do you feel that the front of the house where the tower is, because it’s in a flag lot and the way it is
oriented and that there are trees in front, it didn’t seem to me like it would be visible from the street, so I’m
asking for your opinion on that, and I’m leaving the back neighbors aside for the moment.
ERIN WALTERS: That’s correct, you can’t see it
behind the house that’s in front of it.
COMMISSIONER HANSSEN: I wanted to add on a
comment to that, if it’s okay, Chair? Because that was my thought on this, I do think that we have to delve in a
little bit more with the back neighbors, but if you
consider this project on the whole, while we don’t
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encourage the largest house in the neighborhood, it’s not that much larger than the next largest house.
It also won’t be visible from the street—and
again, I’m leaving the back neighbors aside from that—it also meets most aspects of our code, so it’s really just a neighborhood compatibility issue, because it doesn’t
violate any parts of our code.
I wondered if the place to go might be to try to
make some additional adjustments to satisfy the back
neighbors, but I suspect that the only one that would
really work for them is making it a single story. I also think that it wouldn’t be reasonable to ask them to reduce to single-story, because several other homes in that
neighborhood and throughout Los Gatos have two stories, and this is something we see pretty commonly.
I’d be curious what the other Commissioners have
to say, but I do think that other than trying to do more for the neighbors behind, that this project doesn’t push any other boundaries.
CHAIR RASPE: Thank you for those comments. Vice
Chair.
VICE CHAIR THOMAS: Thank you. I would like to
echo Commissioner Hanssen’s comments. I also did recognize that the entryway adjustment didn’t completely provide an
ITEM NO. 18.
LOS GATOS PLANNING COMMISSION 11/13/2024
Item #2, 15411 National Avenue
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under the eave entry in lieu of the proposed stone tower or anything, however, I also figured that this is not
necessarily viewable from the street, and I do think that the other recommendations by the consulting architect were taken into account and I do appreciate that.
I feel the same way, that I think that it is
difficult to address the privacy issue in so many of these hearings that we have and agenda items that we often have when it is a two-story situation, however, as a body we don’t have the authority to just tell someone that they can’t build a second story, especially when they’re
complying with all of the aspects of code and not asking for any variances with regard to setbacks and height and everything like that.
I agree with Commissioner Hanssen and I think
that moving forward hopefully we can try to make some sort of recommendations to address some of the privacy issues while hopefully moving this project forward, and I do think that the changes to the landscape trees, that’s a place to start.
One other thing I wanted to say about windows. We
can’t require anyone to have windows that don’t open,
because you must be able to get in and out of them, so I think the frosted windows is the best option for moving
ITEM NO. 18.
LOS GATOS PLANNING COMMISSION 11/13/2024
Item #2, 15411 National Avenue
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forward, and so I am curious to hear what my fellow
commissioners have to say.
CHAIR RASPE: Thank you for those comments.
Commissioners, any further comments? Commissioner Barnett.
COMMISSIONER BARNETT: I strongly support the
recommendation of Staff to deny the Architecture and Site Application based on concerns of size, neighborhood
compatibility, and consistency with the Residential Design Guidelines.
One that we haven’t talked about so far is 2.1 of
the General Neighborhood Design Principles, which says, “Residential development shall be similar in mass, bulk, and scale to the immediate neighborhood, although
consideration will be given to the existing FAR,
residential square footage, and lot size.” I recognize this is a very large lot and consideration should be given to that, but nevertheless I think the bulk and mass are
unacceptable.
CHAIR RASPE: Thank you for those comments. I’ll
go ahead and chime in then. I would echo, I think, largely the comments of Commissioner Hanssen and Vice Chair Thomas.
It seems to me we have two issues, that is compliance with the Design Guidelines and the privacy issue.
ITEM NO. 18.
LOS GATOS PLANNING COMMISSION 11/13/2024
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On the Design Guidelines, the home—I think we’ve
discussed—is within all legal standards: within FAR, within the building envelope, within height, setbacks, and they’re not asking for any variances. So, then we are left with is the building compatible within the neighborhood? We’ve seen this issue many times before. The first two-story home in a neighborhood is always disruptive and it’s difficult for the neighbors, and we understand that.
Nevertheless, I think it is inevitable that as
this town grows older, homes will be removed. Newer, larger homes will take their place and many times it will be
second-story homes, and so I think we cannot stop that line of progression. The best I think we can do as a planning Commission is trying to mitigate that process a little bit.
That raises the second concern, and that is
privacy. In this case I think there are privacy concerns.
The builder has done some efforts in that regard. They’ve agreed to remove the balcony, they’ve agreed to tint the windows. I think there’s more that can be done. Certainly, we’ve discussed the trees, and I would argue that one of the conditions of approval would be the non-allergic style trees to be determined between the two neighbors.
I think maybe one last ask that I would have, and
the architect mentioned it, and I suspect it would be
ITEM NO. 18.
LOS GATOS PLANNING COMMISSION 11/13/2024
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expensive and I’m sorry to do this, but if there is a way to relocate the actual location of those windows, the
sizing of the windows, something that would help ameliorate the privacy of the back yards and still provide this
Applicant with egress rights and view rights, that’s a
project I could accept. Those are my thoughts.
Commissioner Hanssen.
COMMISSIONER HANSSEN: I just wanted to add a
clarifying comment, because you mentioned about the first two-story house. Maybe you didn’t mean to say it that way, but it sounded to me like this might be the first two-story house in the neighborhood. It is not. On page 12 we have the neighborhood analysis that is defined in the
Residential Design Guidelines and there are clearly three other two-story homes, including on Blackwell, which is behind them.
CHAIR RASPE: Thank you.
COMMISSIONER HANSSEN: So, I don’t think that
that’s a hurdle that they need to overcome like if they were the first two-story house in the neighborhood. Bulk and mass could be addition to that, but not the two
stories.
CHAIR RASPE: No. I stand corrected. Thank you.
Yes, Commissioner Burnett.
ITEM NO. 18.
LOS GATOS PLANNING COMMISSION 11/13/2024
Item #2, 15411 National Avenue
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COMMISSIONER BURNETT: Thank you. I do agree with
our Chair’s comments about a new second-story home; it’s not the first second-story in this neighborhood, however, I think you can build a two-story home in the neighborhood that would be more congruent and more acceptable to the neighbors, reducing the size and the mass, and that would be my comment. I don’t think you have to have this large of a home that impedes and has issues in quite a large, whole block basically, and it’s in the very middle so it’s very prominent. I think it could be architecturally designed as a two-story but would be more compatible and meet the needs of the neighbors that have been there for years. That’s just my thoughts. Thank you.
CHAIR RASPE: Thank you. Commissioner Barnett.
COMMISSIONER BARNETT: I have the concept of
making a motion to deny the request to make further efforts to address the privacy concerns and suggestions of the
neighbors, and potentially to request but not require
consultation with Mr. Cannon regarding the entry as
revised, and that I cannot make the findings required,
something along those lines.
CHAIR RASPE: Is there a motion pending, or do
you wish to make a motion?
COMMISSIONER BURNETT: I’ll second that motion.
ITEM NO. 18.
LOS GATOS PLANNING COMMISSION 11/13/2024
Item #2, 15411 National Avenue
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COMMISSIONER BARNETT: It wasn’t really a motion.
CHAIR RASPE: That’s what I thought.
COMMISSIONER BARNETT: It wasn’t a motion, but
it’s a promotion.
CHAIR RASPE: If you’d like to make that a
formalized motion, then we can take a tally and see where we sit.
COMMISSIONER BARNETT: Okay, then. My motion is
to deny the requested approval for construction of a
single-family residence and site improvements requiring a Grading Permit on vacant property zoned R-1:8 located at 15411 National Avenue, APN 424-12-140, Architecture and Site Application S-23-033, on the basis that I cannot make the findings that the project meets the objective standards of the Zoning Code and the Residential Design Guidelines.
No other considerations in Section 29.21.50 of
the Town Code for granting approval of Architecture and Site Applications and would recommend that the Applicant come back to us with revised plans after consideration of the neighbors’ concerns and potential changes, and a
request, but not a requirement, that Mr. Cannon be
consulted with respect to the adequacy of the changes on the entry.
ITEM NO. 18.
LOS GATOS PLANNING COMMISSION 11/13/2024
Item #2, 15411 National Avenue
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CHAIR RASPE: Thank you for that motion. Do I
have a second? Commissioner Burnett.
COMMISSIONER BURNETT: I’ll second that motion.
CHAIR RASPE: Thank you. I have a first and a
second. Discussion? All right, by a show of hands, all
those in favor the motion, please raise your hands. I see two. All those opposed. Three, and the motion fails.
Let’s try a different format. Commissioners,
shall I give it a try? Or Commissioner Hanssen, do you have an idea?
COMMISSIONER HANSSEN: If you would like to go
ahead and make a motion, Chair, that’s fine, or I can do it.
CHAIR RASPE: I move to approve construction of a
single-family residence and site improvements requiring a Grading Permit on vacant property zoned R-1:8 located at 15411 National Avenue, APN 424-12-140, Architecture and Site Application S-23-033. Property owner Muddada and
Applicant Jose Rama. Subject to all the findings required in our Staff Report with two additional conditions of
approval, that is first with respect to plantings, that they be mutually agreed up by the neighbors such that they are at a minimum protective of privacy and non-allergenic to any of the neighbors; and second, that the Applicant
ITEM NO. 18.
LOS GATOS PLANNING COMMISSION 11/13/2024
Item #2, 15411 National Avenue
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meet in good faith to relocate the offending windows such that they are the least offensive to the privacy interests of the neighbors.
Do I have a second? Commissioner Hanssen.
COMMISSIONER HANSSEN: I’ll second the motion,
but I would ask for one amendment to the motion.
CHAIR RASPE: Please.
COMMISSIONER HANSSEN: That would be the windows
that need to be frosted have the obscured glass, not the film that has to be maintained.
CHAIR RASPE: The motion is so amended.
COMMISSIONER HANSSEN: And so, I will second.
CHAIR RASPE: Thank you for the second. Is there
any discussion? Then by a show of hands, all those in favor of the motion. Thank you. And all those opposed. And the motion carries 3-2. Are there any appeal rights?
DIRECTOR PAULSON: Thank you, Chair. Yes, there
are appeal rights. Anyone who is not satisfied with the decision of the Planning Commission can file an appeal to the Town Council. Forms are available online and in the Community Development and Clerk Office. There is a fee for filing the appeal, and the appeal must be filed within ten days.
CHAIR RASPE: Thank you so much.
ITEM NO. 18.
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ITEM NO. 18.
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
November 15, 2024
Vyankatesh and Rammy Muddada
15415 National Avenue
Los Gatos, CA 95032
Via Email
RE: 15411 National Avenue
Architecture and Site Application S-23-033
Requesting Approval to Construct a Single-Family Residence, and Site Improvements Requiring a Grading Permit on a Vacant Property Zoned R-1:8. APN 424-12-140. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction.
PROPERTY OWNER: Vyankatesh and Rammy Muddada
APPLICANT: Jose Rama
At its meeting of November 13, 2024, the Town of Los Gatos Planning Commission approved the above referenced application with additional conditions:
• The tree species shall be mutually agreed upon by the neighbors that they are a minimum protective of privacy and non-allergenic to any of the neighbors.
• The applicant shall meet in good faith to relocate the offending windows such that they are the least offensive to the privacy interests of the neighbors.
• The privacy windows shall utilize obscured glass. Privacy film shall not be used.
The attached draft modified conditions of approval will not be final until the Planning Commission has approved the November 13, 2024, meeting minutes at their next meeting, confirming any additional or modified conditions of approval for the project in the underlined font. You will be notified in writing once the Planning Commission has approved the minutes.
PLEASE NOTE: Pursuant to Section 29.20.275 of the Town Code, this approval may be appealed to the Town Council within 10 days of the date the approval is granted. Therefore, this action for approval should not be considered final, and no permits by the Town will be issued until the appeal period has passed.
If you have any questions, you may contact me by email at [email protected].
Sincerely,
Erin Walters
Associate Planner
Cc: Jose Rama, [email protected]
N:\DEV\PC\PC ACTION Letters\2023\01-11-23 [400 Surmont Drive - Item#2; approved].docx
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
ATTACHMENT 4 Page 942
ITEM NO. 18.
PLANNING COMMISSION – November 13, 2024
CONDITIONS OF APPROVAL
15411 National Avenue
Architecture and Site Application S-23-033
Requesting Approval for Construction of a Single-Family Residence and Site Improvements Requiring a Grading Permit on a Vacant Property Zoned R-1:8. APN 424-12-140. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction.
Property Owner: Vyankatesh and Rammy Muddada.
Applicant: Jose Rama.
Project Planner: Erin Walters.
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC, or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security.
4. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit.
5. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site.
6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations identified in the Arborist’s report for the project, on file in the Community Development Department. These recommendations must be incorporated in the building permit plans and completed prior to issuance of a building permit where applicable.
7. TREE FENCING: Protective tree fencing and other protection measures consistent with Section 29.10.1005 of the Town Code shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall remain through all phases of construction. Include a tree protection plan with the construction plans.
8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped.
10. TREE SPECIES: The tree species shall be mutually agreed upon by the neighbors that they
ITEM NO. 18.
are a minimum protective of privacy and non-allergenic to any of the neighbors.
11. PRIVACY TREE PLANTING: Prior to obtaining a building final the property owner must plant five 24-gallon Leyland Cypress trees along the northern fence line. Privacy trees must be maintained by the property owner.
12. WINDOW LOCATION – The applicant shall meet in good faith to relocate the offending windows such that they are the least offensive to the privacy interests of the neighbors.
13. FROSTED/OBSCURE PRIVACY WINDOWS – The two second floor bedroom windows located on the northern elevation of the residence shall have frosted or obscure glass to provide privacy between properties.
14. OBSCURE GLASS – The privacy windows shall utilize obscured glass. Privacy film shall not be used.
15. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review.
16. STORY POLES/PROJECT IDENTIFICATION SIGNAGE: Story poles and/or project identification signage on the project site shall be removed within 30 days of approval of the Architecture & Site application.
17. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.
18. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
ITEM NO. 18.
building plans detailing how the Conditions of Approval will be addressed.
Building Division
19. PERMITS REQUIRED: A Building Permit is required for the construction of the new singlefamily residence and attached garage. An additional Building Permit will be required for the PV System that is required by the California Energy Code.
20. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12, including locally adopted Reach Codes.
21. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed.
22. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process.
23. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
24. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official, containing foundation, and retaining wall design recommendations, shall be submitted with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics.
25. SHORING: Shoring plans and calculations will be required for all excavations which exceed five (5) feet in depth, or which remove lateral support from any existing building, adjacent property, or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall confirm to the Cal/OSHA regulations.
26. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project Building Inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the Soils Report, and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the following items: Building pad elevation
a. Finish floor elevation
b. Foundation corner locations
c. Retaining wall(s) locations and elevations
27. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e., directly printed, onto a plan sheet.
28. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs, located 34 inches from the floor to the center of the backing, suitable for the installation of grab bars if needed in the future. b. All passage doors shall be at least 32-inch-wide doors on the accessible floor level.
ITEM NO. 18.
c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level landing, no more than 1 inch out of plane with the immediate interior floor level and with an 18-inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
29. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.40.020. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole.
30. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
31. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the Architect or Engineer of Record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit. The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available online at www.losgatosca.gov/building.
32. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building.
33. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
34. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Owner’s representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in
ITEM NO. 18.
the issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Owner’s expense.
35. PAYMENT OPTIONS:
a. All payments regarding fees and deposits can be mailed to:
Town of Los Gatos PPW – Attn: Engineering Dept
41 Miles Avenue
Los Gatos, CA 95030
Or hand deliver/drop off payment in engineering lock box Checks made out to “Town of Los Gatos” and should mention address and application number on memo/note line.
36. APPROVAL: This application shall be completed in accordance with all the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer.
37. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website.
38. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or occupancy of any non-residential condominium space, the buyer or the new or existing occupant shall apply to the Community Development Department and obtain approval for use determination and building permit and obtain inspection approval for any necessary work to establish the use and/or occupancy consistent with that intended.
39. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to the Town on a yearly basis. In addition to general coverage, the policy must cover all elements encroaching into the Town’s right-of-way.
40. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer or their representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result in penalties and rejection of any work that occurred without inspection.
41. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or their representative shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Owner, Applicant and/or Developer or their representative's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector and shall comply with all Title 24 Disabled Access
ITEM NO. 18.
provisions. The restoration of all improvements identified by the Engineering Construction Inspector shall be completed before the issuance of a certificate of occupancy. The Owner, Applicant and/or Developer or their representative shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.
42. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited with the Engineering Division of the Parks and Public Works Department prior to the commencement of plan check review.
43. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction.
44. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of permits or recordation of maps.
45. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any and all altered work. The Owner’s project engineer shall notify, in writing, the Town Engineer at least seventy-two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as-built” plans.
46. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California and submitted to the Town Engineer for review and approval. Additionally, any post-project traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Owner, Applicant and/or Developer.
47. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: All grading work taking place with this application and related applications/projects within a two year time period are considered eligible for the grading permit process and will be counted toward the quantities used in determining grading permit requirements. In the event that, during the production of construction drawings and/or during construction of the plans approved with this application by the Town of Los Gatos, it is determined that a grading permit would be required as described in Chapter 12, Article II (Grading Permit) of the Town Code of the Town of Los Gatos, an Architecture and Site Application would need to be submitted by the Owner for review and approval by the Development Review Committee prior to applying for a grading permit.
48. GRADING: Any grading work, cut/fill, earthwork or combination thereof (completed or proposed on submitted plans) on the parcel over the upcoming two-year period are combined with regards to grading permit thresholds. This also applies to adjacent parcels with identical owners, applicants and or developers.
49. ILLEGAL GRADING: Per the Town’s Comprehensive Fee Schedule, applications for work unlawfully completed shall be charged double the current fee. As a result, the required grading permit fees associated with an application for grading will be charged accordingly.
50. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three (3) times daily,
ITEM NO. 18.
or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets shall be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one (1) late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed twenty (20) miles per hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered. For sites greater than four (4) acres in area:
a. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.).
b. Limit traffic speeds on unpaved roads to fifteen (15) miles per hour. c. Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
d. Replant vegetation in disturbed areas as quickly as possible. e. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more).
51. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities.
52. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town’s storm drains.
53. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
54. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The Owner’s representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in penalties and/or the Town performing the required maintenance at the Owner’s expense
55. SITE DESIGN MEASURES: All projects shall incorporate at least one of the following measures:
a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use porous or pervious pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater.
ITEM NO. 18.
56. CONSTRUCTION HOURS: All improvements and construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. The Town may authorize, on a case-by-case basis, alternate construction hours. The Owner, Applicant and/or Developer shall provide written notice twenty-four (24) hours in advance of modified construction hours. Approval of this request is at discretion of the Town.
57. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays, construction, alteration or repair activities shall be allowed.
No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA.
58. DELAYED/DEFERRED REPORTS AND REVIEWS: TLGPPW strongly recommend that reports requiring a peer review be submitted and completed prior to committee approval/building permit stage. Note that these reviews may require a design change by the applicant and/or additional studies. Applicants who chose to defer assume risk that required changes may send project back to planning stage.
59. WATER METER: Water meters currently in public right-of-way shall be relocated within the property in question, within 30” of the property line / the public right-of-way line. The Owner, Applicant and/or Developer shall repair and replace to existing Town standards any portion of concrete flatwork within said right-of-way that is damaged during this activity prior to issuance of a certificate of occupancy.
60. SANITARY SEWER CLEANOUT: Sanitary sewer cleanouts currently in public right-of-way shall be relocated within the property in question, within one (1) foot of the property line per West Valley Sanitation District Standard Drawing 3, or at a location specified by the Town. The Owner, Applicant and/or Developer shall repair and replace to existing Town standards any portion of concrete flatwork within said right-of-way that is damaged during this activity prior to issuance of a certificate of occupancy.
61. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or the commencement of any site work, the general contractor shall:
a. Along with the Owner, Applicant and/or Developer, setup a pre-construction meeting with Eric Christianson, Senior Public Works Inspector [email protected] (408) 354-6824 to discuss the project conditions of approval, working hours, site maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub-contractors have read and understand them as well prior to commencing any work, and that a copy of the project conditions of approval will be posted on-site at all times during construction.
62. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right-ofway will only be allowed if it does not cause access or safety problems as determined by the Town.
63. FOR PLANTERS: The Owner, Applicant and/or Developer shall apply for an encroachment permit for the proposed planters within the public sidewalk and/or Town’s right-ofPage 950 ITEM NO. 18.
way. The Owner, Applicant and/or Developer shall work with Parks and Public Works Department staff to arrive at a mutually agreeable solution that addresses safety and aesthetic issues. If no solution is reached, the vegetative screening requirement shall be waived. A Private Improvements in the Public Right-of-Way (formerly Indemnity) Agreement will be required if planters are proposed to be located within the Town’s rightof-way. A copy of the recorded agreement shall be submitted to the Engineering Division of the Parks and Public Works Department prior to the issuance of any grading or building permits.
64. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The property owner shall enter into an agreement with the Town for all existing and proposed private improvements within the Town’s right-of-way. The Owner shall be solely responsible for maintaining the improvements in a good and safe condition at all times and shall indemnify the Town of Los Gatos. The agreement must be completed and accepted by the Director of Parks and Public Works, and subsequently recorded by the Town Clerk at the Santa Clara County Office of the Clerk-Recorder, prior to the issuance of any grading or building permits.
65. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required.
66. GRADING PERMIT: A grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading Ordinance). All grading work taking place with this application and related applications /projects within a two year time period are considered eligible for the grading permit process and will be counted toward the quantities used in determining grading permit requirements. After the preceding Architecture and Site Application has been approved by the respective deciding body and the appeal period has passed, the grading permit application with grading plans and associated required materials shall be submitted via email to the PPW engineer assigned to the A&S review. Plan check fees (determined after initial submittal) shall be sent to the Engineering Division of the Parks and Public Works Department located at 41 Miles Avenue. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit.
The grading permit is for work outside the building footprint(s). Prior to Engineering signing off and closing out on the issued grading permit, the Owner’s soils engineer shall verify, with a stamped and signed letter, that the grading activities were completed per plans and per the requirements as noted in the soils report. A separate building permit, issued by the Building Department, located at 110 E. Main Street, is needed for grading within the building footprint.
67. SECURITY OF PERFORMANCE: Prior to approval of the grading permit, the applicant shall provide security for the performance of the work described and delineated on the approved grading plans, encroachment plans and or public improvement plans. The form of security shall be one (1) or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney
ITEM NO. 18.
• Bond or bonds issued by one (1) or more duly authorized corporate sureties on a form approved by the Town.
• Deposit, with the Town, money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one (1) or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment.
68. DRIVEWAY: The driveway conform to existing pavement on National Avenue shall be constructed in a manner such that the existing drainage patterns will not be obstructed.
The Owner, Applicant and/or Developer shall install a Town standard residential driveway approach. The new driveway approach shall be constructed per Town Standard Plans and must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore.
69. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall be the sole responsibility of the Owner, Applicant and/or Developer to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.
70. DRAINAGE STUDY: Prior to the issuance of any grading or building permits, the following drainage studies shall be submitted to and approved by the Town Engineer: a drainage study of the project including diversions, off-site areas that drain onto and/or through the project, and justification of any diversions; a drainage study evidencing that the proposed drainage patterns will not overload the existing storm drain facilities; and detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems (including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding) will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood.
71. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the issuance of a building permit. An arborist report may be necessary. Please contact Tammy Robnett-Illges, Engineering Administrative Assistant [email protected] (408) 399-5771 for more information.
72. DEDICATIONS: The following shall be dedicated by separate instrument. The dedications shall be recorded before any grading or building permits are issued:
a. A 10-foot street right-of-way shall be dedicated in fee. b. A 5-foot Public Service Easement.
73. DEMOLITION: Within 60-days of the Development Review Committee approval action being final (i.e. after the 10-day appeal period and no requested appeals being submitted to the Town), the Property Owner shall record a Deed Restriction on each of the number (#) parcels in question which prohibits the recording of a Certificate of Compliance until one of the two (2) prerequisite actions occurs prior to the proposed recordation: 1) removal of any structures which cross lot/property lines or 2) the Property Owner successfully
ITEM NO. 18.
obtaining an Architecture & Site approval from the Town of Los Gatos for the demolition of the existing house and construction of a replacement house.
74. IMPROVEMENT AGREEMENT: The Owner, Applicant and/or Developer shall enter into an agreement to construct public improvements in accordance with Town Code Section
24.40.020. The Owner, Applicant and/or Developer shall supply suitable securities for all public improvements that are part of the development in a form acceptable to the Town in the amount of 100% performance and 100% labor and materials prior to the issuance of any encroachment, grading or building permit. The Owner, Applicant and/or Developer shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. An electronic copy (PDF) of the executed agreement shall be submitted to the Engineering Division of the Parks and Public Works Department prior to the issuance of any encroachment, grading or building permit.
75. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town prior to recordation of a map. The joint trench plans shall include street and/or site lighting and associated photometrics. A letter shall be provided by PG&E stating that public street light billing will by Rule LS2A, and that private lights shall be metered with billing to the homeowners’ association. Pole numbers, assigned by PG&E, shall be clearly delineated on the plans.
76. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Owner and/or Applicant. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of any grading or building permits or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. National Avenue: New curb, gutter, sidewalk, streetlights, tie-in paving, signing, striping, utility pole relocation, as required.
b. National Ave: 2” overlay from the centerline to the edge of pavement, or alternative pavement restoration measure as approved by the Town Engineer.
77. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works Department will not sign off on a Temporary Certificate of Occupancy or a Final Certificate of Occupancy until all required improvements within the Town’s right-of-way have been completed and approved by the Town.
78. FRONTAGE IMPROVEMENTS: The Owner and/or Applicant shall be required to improve the project’s public frontage (right-of-way line to centerline and/or to limits per the direction of the Town Engineer) to current Town Standards. These improvements may include but not limited to curb, gutter, sidewalk, driveway approach(es), curb ramp(s), signs, pavement, raised pavement markers, thermoplastic pavement markings, storm drain facilities, traffic signal(s), street lighting (upgrade and/or repaint) etc. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued.
79. PARKING LOTS: Parking lots and other impervious areas shall be designed to drain stormwater runoff to vegetated drainage swales, filter strips, and/or other Low Impact Development (LID) treatment devices that can be integrated into required landscaping
ITEM NO. 18.
areas and traffic islands prior to discharge into the storm drain system and/or public rightof-way. The amount of impervious area associated with parking lots shall be minimized by utilizing design features such as providing compact car spaces, reducing stall dimensions, incorporating efficient parking lanes, using permeable pavement where feasible, and adhering to the Town’s Parking Development Standards. The use of permeable paving for parking surfaces is encouraged to reduce runoff from the site. Such paving shall meet Santa Clara County Fire Department requirements and be structurally appropriate for the location.
80. UTILITIES: The Owner, Applicant and/or Developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. The Owner, Applicant and/or Developer is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities.
81. TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed subject to the following requirements:
a. The Town standard “T” trench detail shall be used.
b. A Town-approved colored controlled density backfill shall be used. c. All necessary utility trenches and related pavement cuts shall be consolidated to minimize the impacted area of the roadway.
d. The total asphalt thickness shall be a minimum of three (3) inches, meet Town standards, or shall match the existing thickness, whichever is greater. The final lift shall be 1.5-inches of one-half (½) inch medium asphalt. The initial lift(s) shall be of threequarter (¾) inch medium asphalt. e. The Contractor shall schedule a pre-paving meeting with the Town Engineering Construction Inspector the day the paving is to take place. f. A slurry seal topping may be required by the construction inspector depending their assessment of the quality of the trench paving. If required, the slurry seal shall extend the full width of the street and shall extend five (5) feet beyond the longitudinal limits of trenching. Slurry seal materials shall be approved by the Town Engineering Construction Inspector prior to placement. Black sand may be required in the slurry mix. All existing striping and pavement markings shall be replaced upon completion of slurry seal operations. All pavement restorations shall be completed and approved by the Inspector before occupancy.
82. VALLEY GUTTER REPAIR: The Owner/Applicant shall repair and replace to existing Town standards any valley gutter damaged now or during construction of this project. All new and existing adjacent infrastructure must meet Town standards. New valley gutter shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. The limits of valley gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements
ITEM NO. 18.
must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued.
83. BICYCLE FACILITIES: Bicycle facilities including, but may not be limited to, bike lanes and bike boxes will be provided in all directions and approaches of improved streets and intersections as directed by Town Engineer.
84. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts than those assumed in the traffic study report may require an updated traffic study in accordance with the Town’s traffic impact policy. Applicant can receive proposals from vendors through the Town or submit studies from other consultants and pay for peer review. For more information please contact Mike Vroman, Senior Traffic Engineer [email protected] (408) 399-5777.
85. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of any building or grading permits, the Owner shall pay the project's proportional share of transportation improvements needed to serve cumulative development within the Town of Los Gatos.
The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The amount based on the current resolution is $10,457.76.
86. HAULING OF SOIL: Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to the issuance of a grading or building permit, the Owner and/or Applicant or their representative shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the Owner and/or Applicant to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required.
Cover all trucks hauling soil, sand and other loose debris.
87. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or building permits, the Owner and/or Applicant’s design consultant shall submit a construction management plan sheet (full-size) within the plan set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, materials storage area(s), construction trailer(s), concrete washout(s) and proposed outhouse locations. Please refer to the Town’s Construction Management Plan Guidelines document for additional information.
88. NPDES STORMWATER COMPLIANCE: In the event that, during the production of construction drawings for the plans approved with this application by the Town of Los Gatos, it is determined that the project will create and/or replace more than 2,500 square feet of impervious area, completion of the NPDES Stormwater Compliance Small Projects Worksheet and implementation of at least one of the six low impact development site design measures it specifies shall be completed and submitted to the Engineering Division before issuance of a grading/building permit.
89. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks and Public Works Department. A
ITEM NO. 18.
maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping, shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The Town of Los Gatos Engineering Division of the Parks and Public Works Department and the Building Department will conduct periodic NPDES inspections of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations.
90. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant emissions, the following the Bay Area Air Quality Management District (BAAQMD)- recommended basic construction measures shall be included in the project’s grading plan, building plans, and contract specifications:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, or otherwise kept dust-free. • All haul trucks designated for removal of excavated soil and demolition debris from site shall be staged off-site until materials are ready for immediate loading and removal from site.
• All haul trucks transporting soil, sand, debris, or other loose material off-site shall be covered.
• As practicable, all haul trucks and other large construction equipment shall be staged in areas away from the adjacent residential homes.
• All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day, or as deemed appropriate by Town Engineer. The use of dry power sweeping is prohibited. An on-site track-out control device is also recommended to minimize mud and dirt-track-out onto adjacent public roads.
• All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour. • All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within forty-eight (48) hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Please provide the BAAQMD’s complaint number on the sign: 24-hour toll-free hotline at 1-800-334-ODOR (6367). • All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed twenty (20) miles per hour.
• Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
ITEM NO. 18.
91. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. On-site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If stormwater treatment facilities are to be used they shall be placed a minimum of ten (10) feet from the adjacent property line and/or right-of-way. Alternatively, the facility(ies) may be located with an offset between 5 and 10 feet from the adjacent property and/or right-of-way line(s) if the responsible engineer in charge provides a stamped and signed letter that addresses infiltration and states how facilities, improvements and infrastructure within the Town’s right-of-way (driveway approach, curb and gutter, etc.) and/or the adjacent property will not be adversely affected. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
92. GENERAL REVIEW: Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.
93. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet CS) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 1. An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows: a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area. b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area. c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following: i. Noncombustible construction. ii. Maximum 5,000 square feet in building area. iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter. iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying.
94. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such
ITEM NO. 18.
requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
95. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
96. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
97. FIRE APPARATUS (ENGINE)ACCESS DRIVEWAY REQUIRED: An access driveway shall be provided having an all-weather surface of either asphalt, concrete or other engineered surface capable of supporting 75,000 pounds and approved by a civil engineer. It shall have a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches, minimum turning radius of 40 feet outside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet D-1.
98. This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
ITEM NO. 18.
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ITEM NO. 18.
December 4, 2024
Town of Los Gatos
Via Email
RE: Appeal of the Planning Commission’s Decision on the Proposed Structure at 15411 National Avenue
We the neighbors respectfully ask that an appeal be granted due to the following reasons:
1) The project is inconsistent with neighborhood compatibility, sizing, massing, and scale Residential Design Guidelines.
2) Clarification on neighbors’ request on the size of the proposed structure. 3) Clarification needed on the condition of approval to relocate windows. 4) Clarification needed on the condition of approval regarding trees. 5) Ongoing tree maintenance covenant.
6) Unaddressed significant privacy and quality of life concerns given the intended use by the applicants.
7) Clarification regarding visibility of the proposed house from the street. 1) The project is inconsistent with neighborhood compatibility, sizing, massing and scale Residential Design Guidelines.
The proposed two-story, three level structure, with 3240 sq ft, a 901 sq ft oddly distributed garage, a 1700 sq ft basement, a 570 sq ft covered patio, and a 36 sq ft front porch coverage, totalling 6,447 sq ft of gross square footage, plus an attic, is massive. The project maximizes the allowable size, which as one of the commissioners put it, “is a maximum, not a goal”, and would be by far the largest structure among the surrounding single-family, residential homes. It is over twice the structural size of the largest adjacent two-story and single-story houses, which also lie on similarly sized lots of approximately 10,000 sq ft. One of the commissioners said the proposed structure is “not that much larger than the next largest house” and that is incorrect. 1 ATTACHMENT 6
ITEM NO. 18.
The size, massing, scale, bulk and style of the proposed structure does not harmonize with the houses in the immediate neighborhood, including ours, and it stands out even more so by its location in the middle of the city block (in a flag lot / corridor lot), which causes it to overlook all the neighboring backyards from every side. This is not in line with the Residential Design Guidelines.
Furthermore, approving such a large structure sets an undesirable precedent and new size standard for the South side parcel, that is also over 22,000 sq ft with a single-story, single family home on the National Ave side, with an expansive empty rear area, to build a similarly large development in a potential rear flag lot. This will completely disturb and negatively impact the peaceful, private, quiet nature of the immediate neighborhood along the entire city block, multiple streets, especially private Leila Court, whose entire block of neighbors originally opposed the subdivision of the 15415 National Avenue to subdivide the flag lot of this application at 15411 National Avenue, in fear of the impact of their quiet, exceptionally private settings. We ask that the impact or setting a precedent for another possible subdivision and development on a rear flag lot, on all the long standing residents and the established neighborhood, be considered when making an exception to approve this exceptionally large project.
An important background point to note is that the applicants were not forced to build such a massive structure in the rear flag lot. They chose to do so by subdividing the 15415 National Avenue lot in 2020 and creating the 15411 National Avenue flag lot (they currently own both lots). This subdivision was originally opposed by all the neighbors on Leila Court at the time, and in the letter of justification the applicants stated that a reason to approve would be that splitting the lot would allow for two smaller structures to be developed (one in each lot), versus a large single one in a larger lot, more in line with the sizing and scale of the neighborhood. We believe the current application contradicts that argument.
Note also that the hospital building located at 15400 National Ave is completely outside the view from any of the surrounding houses, and thus does not contribute to the area around this flag lot, contrary to one of the applicant arguments in the justification for such a large structure. What’s in front, across, of the applicant’s proposed dwelling is not this hospital building, but their own single-story house on the front lot. The only part of 15411 National Ave that faces the hospital is the narrow street entrance to the very long corridor to get to the far away rear lot.
2
ITEM NO. 18.
There is a joint letter or opposition on this matter from four neighbors on Blackwell Dr and Leila Ct and this concern has not been addressed.
Request:
Decrease the size of the proposed two-story structure to one that is less massive, more harmonious and in scale, bulk, and size with the surrounding structures and its positioning in the middle of the city block, by following the Residential Design Guidelines.
2. Clarification on neighbors’ request on the size of the proposed structure.
Based on various comments made by some of the Commissioners during the hearing, we believe they incorrectly assumed that we the neighbors were asking that the application be changed from a two-story house to a one-story house. This is inaccurate – In fact, two of our properties are two-story houses (373 Blackwell Dr and 377 Blackwell Dr), so we have no fundamental opposition to another two-story structure. Our request is that the size of the proposed two-story structure be reduced to one that is less massive and more harmonious with the surrounding structures, especially given its location in the middle of the city block (flag lot), which causes it to overlook all the neighboring backyards from every side, as described in point #1 above.
Request: Decrease the size of the proposed two-story structure to one that is less massive, more harmonious and in scale with the surrounding structures and its positioning in the middle of the city block, by following the Residential Design Guidelines.
3. Clarification needed on the condition of approval to relocate windows. 3
ITEM NO. 18.
One of the Commission’s conditions for approval is that, in order to address the strong privacy concerns brought up by multiple neighbors before and during the hearing, “the applicants shall meet in good faith to relocate the offending windows such that they are the least offensive to the privacy interest of the neighbors.” We feel that this language is vague and does not specifically state that the windows shall be relocated, or encompass all the windows brought up as an issue during the hearing. In multiple neighbor letters, there have been requests to relocate these windows and/or bedrooms due to privacy concerns. And in our own latest letter, we provided specific suggestions on how those offending windows might be moved to face East and West instead of North to address our primary privacy concerns. We also mentioned in the letter and hearing that there are other windows that are of significant concern to our property specifically and it is unclear, and open to interpretation, which and how many the approval of condition applies to. The Planning Commission tried to address the privacy concerns with this condition of approval, but it in effect does not. We believe that given the specific directive to address these concerns, the owners and architects can come up with a design that solves this.
Request: The condition of approval be amended to require redesign that all the offending windows shall be repositioned to a location that addresses the neighbors’ privacy interests.
4. Clarification needed on the condition of approval regarding trees One of the Commission’s conditions for approval is that “the [privacy] tree species shall be mutually agreed upon by the neighbors that they are a minimum protective of privacy and non-allergenic to any of the neighbors.” While we appreciate and value this condition, we believe it’s insufficient to address the concerns we expressed before and during the hearing, given that the proposed plan includes planting privacy trees by the section of the North fence facing 373 Blackwell Drive only, but not the section facing our property at 377 Blackwell Drive.
Request: The condition of approval be amended to require that both the species and also the number and location of the privacy trees shall be mutually agreed upon by the neighbors.
5. Ongoing tree maintenance covenant.
All the adjacent neighbors have experienced difficulties with the applicants during the 4
ITEM NO. 18.
last seven years since their ownership of the two lots, with multiple maintenance and repair and maintenance issues, specifically with respect to the level and speed of responsiveness even when dealing with severe damage caused by storms, for instance.
We all have severe concerns about their level of commitment to perform the adequate level and frequency of maintenance to the privacy trees (which will be on their property).
Request: Add as a condition of approval that an enforceable covenant of ongoing maintenance be established.
6.Unaddressed significant privacy and quality of life concerns given the intended use by the applicants.
We have significant privacy and quality of life concerns given the intended use of the flag lot by the applicants as a high-density multi-dwelling complex. This includes the 5
ITEM NO. 18.
massive proposed 3-level structure, which could easily be subdivided at any time to be partially/totally used as multi-family dwellings, as well as their stated intent to build two ADUs in the future (which we understand is allowed by California law). While the applicant claims the proposed structure is a single-family residence, its size, design and layout suggest it could be easily converted into a multi-family dwelling or house several tenants. This would introduce an unacceptable level of density to an area that is not designed to handle such congestion. Increased numbers of occupants would increase the level of car traffic and noise in the middle of the city block (flag lot), and additionally place strain on resources such as street parking and street traffic. What may appear as a single-family home could, in reality, become a high-occupancy structure, putting further pressure on our infrastructure and the quality of life for current surrounding residents, by circumventing current zoning laws which are intended to prevent such overdevelopment. Our community has been thoughtfully designed to maintain the aesthetic and functional integrity of single-family residential zones. Approving a structure that will not align with the typical size, footprint, or use of single-family homes in the area sets a troubling precedent for future developments that could dramatically change the neighborhood’s character.
Request: We respectfully encourage the Town Council/Planning Commission to reject this proposal. Allowing what is likely a multi-family unit to be disguised as a single-family home would not only be a violation of the zoning regulations but would also undermine the very fabric of our neighborhood. We ask that the size of the proposed two-story structure be reduced to one that is less massive, more harmonious and in scale with the surrounding structures and its positioning in the middle of the city block.
7. Clarification regarding visibility of the proposed house from the street.
Inaccurate information regarding the visibility from the street of the proposed development, given that one of the very large trees (#67) blocking the structure from the street shows as ‘to be removed’ in the development plans, and upon further inquiry continues to be in question as to whether it will remain or not. This was a stated key clarifying point for one Commissioner as she considered the applicant’s not meeting one of the consulting architect’s recommendations.
======
6
ITEM NO. 18.
We humbly and respectfully ask that this appeal is granted so that the applicants may submit a proposal that addressed all the issues listed above and they can move on to build an appropriate single family house, (two-stories is fair) for single family use in this single family residential area, taking into account the privacy, safety and neighborhood character interests.
Thank you for your time and consideration.
Sincerely,
Hellen Martinez
Blackwell Dr
7
ITEM NO. 18.
This Page
Intentionally
Left Blank
ITEM NO. 18.
Architecture and Site Application S-23-033
Dear Council,
This letter is to address the additional comments sent by the Appellant, Please note the numbering in this letter follows the numbers in the Appellant’s letter.
1. The Appellant’s calculation of total livable square feet is incorrect and bogus; we have worked with the staff for over a year to make sure we are a. Following all the Town codes and guidelines
b. Not exceed the FAR calculated by the staff.
c. Meet almost all suggestions mentioned by the Town architect d. Plan a multi-generational home while still adhering to the FAR provided to us Our proposed plan is not visible from any street corner; you can only see it if you are standing right across 15415 National Ave. The top of the front façade is only visible to the 15400 which is an office space and 15385 National Ave (who has no objection to the project), As National Ave is large, the pictures below are only taken near the intersections where the project is located.
ATTACHMENT 7
ITEM NO. 18.
I would like to point out that the current project has no bearing on the lot split, but I would like to set the record straight as the appellant told more lies and bogus statements in the letter, a. There was no actual opposition to the lot split from Leila Ct. There was confusion about which lot was on the application, and as soon as we confirmed we did not have any access to Leila Ct, they corrected their statement, all of which was recorded in a public hearing.
b. The justification letter provided doesn’t say we will build a smaller house; it states we will adhere to the FAR. Again, this is in the public records.
Currently, all three homes on Leila Ct have no objections and want to stand neutral in the matter of the purposed construction; this includes 113 Leila Ct, Please note that the proposed lot does not affect any houses facing National Ave, Blackwell Drive, and Leila Ct as it’s on the flag lot and more towards the south of the property; we have also obtained either no objection letters or a verbal statement saying they would like to stand neutral on this matter. This includes some immediate neighbors and people surrounding them.
ITEM NO. 18.
2. Again, the appellant is making incorrect assumptions. We are following the Residential Design Guidelines as stated by planning commission council.
3. and 4. We took measures to address privacy concerns of every Neighbor we share fence.
a. We moved our whole project more towards the SE of the lot without giving much concern to our privacy as the 22,000-sq ft mostly empty lot beside us may have development in future, even with this uncertainty we have provided a maximum side setback to our NW neighbors facing Blackwell Dr. The current setback is about 40 feet, and the distance between the walls of our and Blackwell Dr neighbors is between 100 and 120 feet. b. We removed the balcony and line-of-sight windows from the back of the house to address privacy issues with 113 Leila Ct, 369, and 373 Blackwell Dr. c. We have suggested planting five privacy trees to block the view from our egress windows, we are not going to increase the tree count as there is no other privacy concerns other than the egress windows. We have never stated that the tress is to hide our house from 373 Blackwell Dr or any neighbors, they are meant to only address egress windows. The tree selection will be made after discussing it with the neighbors.
d. We ensured the NW side façade is smaller than the SE façade (this does not include the garage). We are smaller by 7 feet compared to the back façade of 373 and 377 Blackwell Dr; please see the picture below. e. We are going to put permeant obscure glass to cover the line of sight on both the egress windows and to address the planning commission councils’ conditions of approval we have decided to obscure additional windows.
ITEM NO. 18.
Our garage windows, storage windows and bathroom windows will have 4inch opening, please note none of these windows are in the line of site and they are non-offending. Please see the picture below.
Unfortunately, we cannot move our egress windows facing Blackwell Drive.
The first window, the suggestion to move to the front, will affect my neighbor, 15385 National Ave; we had assured him that there would be no egress window on the front side of the property facing his, and going against it would be more offensive. The suggestion will not address the privacy concern as I can still look at 377 Blackwell Dr’s backyard and see the whole house on 15385 National Ave. There won’t be privacy trees to address this issue here due to the driveway; please see the picture below.
ITEM NO. 18.
The second egress window has multiple issues due to which this cannot be moved. a. We had assured 113 Leila Ct neighbor that there would be no egress window on the back side of the property facing their property, this discussion is in the staff report as part of neighborhood reach out.
b. Our current patio roof design doesn’t allow for an egress window in the back, please see the picture below.
Please note, the current big oak tree provides an additional privacy screen, please see the picture (marked in Red for the placement of the window)
ITEM NO. 18.
Please see some of the neighborhood pictures provided to the staff where the egress windows are not clearly visible due to the existing trees This is from 369 Blackwell Dr – Both the egress windows are obscured by the gigantic oak tree, the only thing clearly visible from this side view is my garage.
ITEM NO. 18.
The next one is from 373 Blackwell Dr- Both the egress windows are either obscured by the gigantic oak tree or the trees in their own backyard
ITEM NO. 18.
5. and 6. The maintenance of the fence and gigantic oak tree that sits between two properties is the responsibility of all the property owners who share them, and this was never an issue before 2024 (We shared the project plans with our neighbors in early 2024).
I have never backed out of a commitment to have a new fence or pay my share. The same goes for the trimming of the Oak tree (I did request additional time as there was an access issue at my end of the property).
Currently, the fences for both properties are new, and the Oak tree is trimmed; please see the pictures below.
ITEM NO. 18.
With regards to point #6 on the appellant’s letter - I would like to point out to the council that the appellant is accusing of something we have no intentions to do and assuming wide verity of cooked up theories without any proof which has no foundation.
The appellant had never contacted us, even after we tried to initiate a dialogue using multiple avenues. The neighborhood outreach started early this year, and I could form an open/ongoing dialogue with all my neighbors either via email or in person other than the appellant (377 Blackwell Dr, Which I currently feel was deliberate on their part). The allergies mentioned by the appellant to the cypress trees were never in any of the letters sent to staff.
I would also like to point out to the Council that the quality of life should have been bad before the demolition as we had bought and inherited a space filled with junk storage sheds and looked more like a dump, with people constantly going in and out of the storage sheds, working in that area late into the night which caused a lot of noise, by bringing in this project we will, improve the quality of life, and increase the property value and also make it
ITEM NO. 18.
beautiful, please see before and after (future) pictures The letter provided by the appellant contained a lot of incorrect, misleading, and misinformation. It is riddled with unfounded accusations that have no proof and is made with a sole intent of undermining our project and question our character.
I would humbly request the council to disregard all the incorrect, misleading and misinformation and deny the appeal,
Thank you,
Best regards,
Vyankatesh Bhattulla and Ramya Muddada
National Ave.
ITEM NO. 18.
Draft Resolution Adoption Date
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
APPROVING A REQUEST FOR CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE
AND SITE IMPROVEMENTS REQUIRING A GRADING PERMIT ON VACANT PROPERTY ZONED R-1:8.
APN 424-12-140
ARCHITECTURE AND SITE APPLICATION: S-23-033
PROPERTY LOCATION: 15411 NATIONAL AVENUE
APPELLANT: HELLEN MARTINEZ
PROPERTY OWNERS: VYANKATESH AND RAMYA MUDDADA
APPLICANT: JOSE RAMA
WHEREAS, on November 13, 2024, the Planning Commission held a public hearing and considered a request to construct a new single-family residence and site improvements requiring a grading permit on vacant property zoned R-1:8. The Planning Commission approved the Architecture and Site application subject to modified conditions of approval; WHEREAS, on November 25, 2024, the appellant, an interested person, filed a timely appeal of the decision of the Planning Commission approving the request for construction of a new single-family residence and site improvements requiring a grading permit on vacant property zoned R-1:8;
WHEREAS, this matter came before the Town Council for public hearing on December 17, 2024, 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 materials contained in the Council Agenda Report for their meeting on December 17, 2024, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, the Town Council was unable to make the findings required to grant an appeal of a decision of the Planning Commission.
Draft Resolution to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 8
ITEM NO. 18.
Draft Resolution Adoption Date
NOW, THEREFORE, BE IT RESOLVED:
In accordance with Town Code section 29.20.275, the Town Council finds that:
1. There was not an error or abuse of discretion by the Planning Commission in approving the Architecture and Site application, because:
a. The application complies with all Zoning Code requirements; and b. The Planning Commission made the finding that the project complies with the Residential Design Guidelines; and
c. The Planning Commission approved the Architecture and Site application with modified conditions of approval.
2. The Planning Commission decision is supported by substantial evidence in the record.
3. The appeal of the decision of the Planning Commission approving a request for construction of a new single-family residence and site improvements requiring a grading permit on vacant property zoned R-1:8 is denied and the application approval is upheld.
4. 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 ______ day of __________ 2024, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
__________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 18.
From: Venkat V
Sent: Thursday, December 12, 2024 10:30 AM
To: Erin Walters <[email protected]>
Subject: Re: Privacy Concerns Regarding Construction Project at Backside of 373 Blackwell., Los Gatos, CA - 95032
[EXTERNAL SENDER]
Hi Erin
I support the appeal to the Town Council of the Planning Commission Approval of the 15411 National Avenue project. The large size of the house, and the windows facing my home will have a significant impact on my property and my family's privacy in our daily life.
Thanks
Venkat
On Oct 29, 2024, at 9:26 AM, Venkat V wrote:
Dear Erin Walters,
I am writing again to rise our concerns regarding the construction project at 15411 National Avenue, Los Gatos, CA - 95032 about the following issues after looking at the plans and letter with my neighbors.
My concern are
1. Privacy trees is a concerns as they are in our property. Rain water is going to drip into my property and it’s a concern about the dry leaves(debris).
2. Privacy with the first floor gigantic 2 windows looking directly at my bedrooms is a big concern. We can’t have any kind of privacy in backyard with these big windows.
3. Overall having this gigantic 3 storied gigandintc structure between us (talking to neighbors also as they are also concerned).
ATTACHMENT 9
ITEM NO. 18.
I’m also attaching the pictures after they have this high preview from my bedrooms and backyard.
This situation gives rise to considerable privacy concerns for my family.
Thank you for your attention to this matter. Please let me know if you require any further information from my end.
Best regards,
Venkat and Sahithi
Blackwell., Los Gatos, CA - 95032
On May 7, 2024, at 10:44 AM, Venkat V > wrote:
Dear Erin Walters,
I hope this email finds you well. I am writing to formally express concerns regarding the construction project at 15411 National Avenue, Los Gatos, CA - 95032 After examining the architectural plans for the project, my family is
1. Concerned about the privacy due to a big two storied building.
As our 3 bedrooms (including the Master Bedroom) are open to our backyard and it’s a concern for the privacy of my family due this big construction.
ITEM NO. 18.
2. This big two floored building is going to obstruct the view of the mountains and it's a claustrophobic for my family.
3. After hearing that we are going to have tree screening to obstruct view from their windows or big balcony, we are concerned about the time and maintenance of these trees going forward.
Looking at the situation now, we are concerned about the maintenance.
4. As I mentioned, the way the bushes (vine iv) or sheds or barn roof iron sheets are maintained, I see animals (bobcats), snakes on the fence or barn roof and it’s a big concern.
Another concern about the flying barn roof iron sheets during the storm and not maintaining them.
5. Due to vine iv bushes in the back, growing on my shed and damaging the roof. Also the fence. My gardener cleaned the vines and also paid for the repair of fence in the past.
6. Looked at the latest plans at this link and here is the big balcony that my family is concerned about…
https://www.losgatosca.gov/2380/N
Development-Plans---15411-National-Avenue-PDF (03/29/2024) <image001.png>
This situation gives rise to considerable privacy concerns for my family.
Thank you for your attention to this matter. Please let me know if you require any further information from my end.
Best regards,
Venkat and Sahithi
Blackwell., Los Gatos, CA - 95032
ITEM NO. 18.
From: Devavrath S
Sent: Thursday, December 12, 2024 9:53 AM
To: Erin Walters <[email protected]>
Subject: Support for appeal : 15411 National Avenue
[EXTERNAL SENDER]
Hi Erin,
I would like to express my support of the appeal of the approval decision for the proposed residence at 15411 National Avenue as my concerns on its size and the loss of privacy for my family remain unresolved. Preferably I would want the windows facing Blackwell drive to be moved towards Los Gatos Almaden Road.
Thanks,
Devavrath Subramanyam
ITEM NO. 18.
PREPARED BY: Robert Gray
Building Official
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 19
DATE: December 12, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Introduce an Ordinance Amending Section 06.20.020 (Buildings and Building Regulations) to Add the Definition of Qualifying Alterations; and Consider Introducing an Ordinance Establishing Air Quality and NOx Emissions Regulations
Ordinance Titles: An Ordinance of the Town Council of the Town of Los Gatos Adding a Section 06.20.020, “Qualifying Alterations,” to Article II, “Administration Of Codes,” of Chapter 6, “Buildings And Building Regulations,” of the Town Code to Add a Definition for “Qualifying Alterations”; and An Ordinance of the Town Council of the Town of Los Gatos Adding Article V, “Air Quality” to Chapter 13, “Health and Safety” of the Town Code to Establish Air Quality and NOx Emissions Regulations, and Amending Section 29.20.720, “Administration And Enforcement” to Add the Implementation of the Air Quality Ordinance, and Amending Section
29.20.720 to Add Implementation to Duties of the Building Official.
RECOMMENDATION:
Staff recommends that the Town Council take the following actions:
Introduce the Ordinance Defining Qualifying Alterations: Adopt the proposed amendment to Section 6.20.020 of the Town Code, which defines “qualifying alterations.” (Attachment 1)
Defer the Air Quality Ordinance Pending Legal Resolution: Postpone the introduction of the Air Quality Ordinance regulating NOx emissions.
OR
ITEM NO. 19.
PAGE 2 OF 4
SUBJECT: Air Quality Ordinance(s)
DATE: December 12, 2024
Alternative Recommendation
Introduce the Ordinance Defining Qualifying Alterations: Adopt the proposed amendment to Section 6.20.020 of the Town Code, which defines “qualifying alterations.” (Attachment 1)
Introduce the Air Quality Ordinance: Adopt the introduction of the Air Quality Ordinance regulating NOx emissions. (Attachment 2)
BACKGROUND:
On November 15, 2022, the Town Council adopted the 2022 California Building and Fire Codes as required by state law. As part of this adoption, the Town Council chose to address greenhouse gas emissions by approving specific amendments, known as Reach Codes, that created higher environmental standards in building construction, by requiring all new construction and qualifying major remodels to be fully electric. 1 This Reach Code also requires
additional Electric Vehicle (EV) charging requirements. These Codes became effective January 1, 2023.
The Reach Code applies to new construction and major remodels for residential and commercial buildings, with exemptions for commercial cooking, gas-dependent processes, emergency services, and if all-electric equipment was deemed cost-prohibitive.
Ninth Circuit Ruling on Berkeley’s Gas Ban and Electrification Reach Codes In April of 2023, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that the Energy Policy and Conservation Act (“EPCA”) preempts state and local building codes concerning the energy use of natural gas appliances, including Berkeley’s building code which prohibits natural gas piping into new buildings and thereby prevents those appliances from using natural gas. On January 2, 2024, the U.S. Court of Appeals for the Ninth Circuit denied Berkeley’s request for review by the full Ninth Circuit and the panel’s decision was reaffirmed.
On July 31, 2024, the Town received correspondence from the California Restaurant Association’s legal counsel regarding the ruling by the U.S. Court of Appeals for the Ninth Circuit. The letter requested that the Town Council repeal or suspend enforcement of the ordinance, make a public announcement of that decision, and direct relevant officials not to
1 The Town originally adopted the Reach Code in order to reduce pollutants. Studies show that NOx – along with the Particulate Matter (PM2.5) and Ozone formed because of NOx pollution – are all dangerous to human health.
These pollutants are associated with impaired lung function, coughing wheezing, increased asthma attacks, cardiovascular harm, lower birth weight, increased emergency room and hospital admissions, increased risk of respiratory infections, and premature death. The Town of Los Gatos is in a non-attainment area for Ozone at the Federal level, and for both Ozone and PM2.5 at the State level. By regulating NOx emissions, the Town can reduce harm to public health, improve air quality, and assist in the transition to BAAQMD’s rules, which will start to go into effect beginning in 2027.
ITEM NO. 19.
PAGE 3 OF 4
SUBJECT: Air Quality Ordinance(s)
DATE: December 12, 2024
apply the ordinance to building permit applications. It is important to note that the Town’s adopted ordinance includes exceptions for tenant improvement projects and non-residential cooking facilities. However, based on the 9th Circuit decision, these exceptions do not save the ordinance from preemption.
Based on the Berkeley decision, the Town Attorney recommended that the Town rescind portions of the Town’s existing Reach Code.
On October 15, 2024, staff presented a report to the Town Council providing possible alternatives to the adopted Reach Codes in effect at the time. Those alternatives were as follows:
Option 1: Repeal Existing Reach Code Without Adopting Alternative Requirements This option provided that the existing Reach Codes could be repealed without replacement, which would satisfy the Berkeley decision requirements; however, it would not achieve the Town Council’s goal of reducing greenhouse gas emissions.
Option 2: Energy Performance Standards Approach
This option would repeal the portion of existing Reach Codes that requires all-electric construction, staff and consultant would prepare a cost effectiveness study for review and approval by the California Energy Commission (CEC), then return to Town Council with a more stringent energy efficiency Reach Code that strongly encourages all-electric design for water and space heating systems (but not cooking).
Option 3: Air Quality Approach
This option would repeal the portion of existing Reach Code that requires all-electric construction and adopt new requirements, mandating that all new construction and qualifying major remodels utilize only NOx-free appliances.
At the October 15, 2024, meeting, the Town Council directed staff to return with an ordinance to repeal portions of the Town’s Reach Codes that were affected by the Berkeley decision and provide additional ordinance language consistent with the Air Quality approach (option 3) that mandates all new construction and qualifying major remodels utilize only NOx-free appliances.
The Town Council also directed staff to monitor litigation in this area.
The rescinding ordinance was introduced at the December 3, 2024, Council Meeting and is proposed for adoption at the December 17, 2024, Council Meeting.
DISCUSSION:
Based on a lawsuit that has been filed against the South Coast Air Quality Management District (SCAQMD) that alleges that EPCA preempts the District’s NOx emissions ordinance. The lawsuit
ITEM NO. 19.
PAGE 4 OF 4
SUBJECT: Air Quality Ordinance(s)
DATE: December 12, 2024
alleges that EPCA preempts local regulation of NOx emissions.2 Staff recommends that the Town Council delay the introduction of the proposed NOx emissions ordinance until the Southern California litigation has been resolved.
However, staff is recommending that the Town Council introduce an ordinance to amend Chapter 6 – Buildings and Building Regulations to include a definition of qualifying alterations.
This language is necessary to determine at what point a renovation becomes new construction, therefore, giving a clear understanding of what code and applications apply to a specific project. This information was included in the previous Reach Code language that is proposed to be rescinded.
CONCLUSION:
Based on the information provided within this staff report, staff recommends that the Council adopt the ordinance defining “qualifying alterations.” Regarding the Air Quality Ordinance, the Council may either defer its introduction or proceed with its adoption as outlined above.
However, it is staff’s recommendation to delay consideration of the Air Quality Ordinance to avoid the potential for challenge, until a decision is rendered in the pending litigation.
COORDINATION:
The Community Development Department coordinated with the Town Attorney’s Office in the preparation of this report.
FISCAL IMPACT:
The adoption of the ordinance defining “qualifying alterations” is not expected to have a significant fiscal impact. However, future implementation of NOx regulations may require additional resources for enforcement and compliance monitoring.
ENVIRONMENTAL ASSESSMENT:
Adopting this ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
Attachments:
1. Draft Ordinance Adding Definition of Qualifying Alterations
2. Draft Ordinance Regulating NOx Emissions and Adding Implementation to Duties of Building Official
2 In March of 2023, the Bay Area Air Quality Management District (BAAQMD) adopted amendments to their Regulation 9, and Rules 4 and 6, to eliminate emissions of nitrogen oxides, or NOx from residential and commercial natural gas furnaces and water heaters in the Bay Area by requiring new appliance to be Zero-NOx. This proposed Ordinance follows the approach BAAQMD has taken, focusing on the negative health impacts of air pollution from building appliances.
ITEM NO. 19.
1 of 2
Draft Ordinance Adoption Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS ADDING A SECTION 06.20.020, “QUALIFYING
ALTERATIONS,” TO ARTICLE II, “ADMINISTRATION OF
CODES,” OF CHAPTER 6, “BUILDINGS AND BUILDING
REGULATIONS,” OF THE TOWN CODE TO ADD A
DEFINITION FOR “QUALIFYING ALTERATIONS”
WHEREAS, the subject Ordinance will amend Section 06.20.020, “Building and Building Regulations,” of the Los Gatos Town Code to add a definition for “qualifying alterations” that are subject to new state Building Codes;
WHEREAS, this meeting was publicly noticed; and
WHEREAS, the proposed Ordinance is exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no possibility that the proposed changes to the Town’s Municipal Code may have a significant effect on the environment;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Section 6.20.020, “Buildings and Building Regulations,” is added to Article II, “Administration of Codes,” of Chapter 6, “Buildings and Building Regulations,” to read as follows:
Chapter 6 – Buildings and Building Regulations
Article II – Administration of Codes
Section 6.20.020 – Qualifying Alterations.
Substantial renovations/alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement, as defined in California Existing Building Code, Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall meet the new construction requirements of California Code of Regulations, Title 24 as modified by the Town of Los Gatos.
If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the new construction requirements.
SECTION II. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this ATTACHMENT 1
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Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION III. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION IV. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION V. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
____________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS ADDING ARTICLE V, “AIR QUALITY” TO
CHAPTER 13, “HEALTH AND SANITATION” OF THE TOWN
CODE ESTABLISH AIR QUALITY AND NOX EMISSIONS
REGULATIONS, AND AMENDING SECTION 29.20.720,
“ADMINISTRATION AND ENFORCEMENT” TO ADD THE
IMPLEMENTATION OF THE AIR QUALITY ORDINANCE, AND
AMENDING SECTION 29.20.720 TO ADD IMPLEMENTATION
TO DUTIES OF THE BUILDING OFFICIAL
WHEREAS, the Federal Clean Air Act requires the Federal Environmental Protection Agency to establish federal air quality standards to protect public health and public welfare and to regulate emissions of hazardous air pollutants;
WHEREAS, Nitrogen Dioxide, Ground-level Ozone, and Particulate Matter are three of the six criteria air pollutants explicitly addressed in the Federal Clean Air Act; WHEREAS, the Clean Air Act requires the Environmental Protection Agency (EPA) to set National Ambient Air Quality Standards (NAAQS) for six common air pollutants, known as “criteria air pollutants”, which include Particulate Matter (PM10 and PM2.5), Ground-level Ozone (O3), Carbon Monoxide (CO), Sulfur Dioxide (SO2), Nitrogen Dioxide (NO2), and Lead (Pb);
WHEREAS, the Clean Air Act also addresses 178 Hazardous Air Pollutants (HAPs) which are known or suspected to cause cancer or other serious health effectives, such as reproductive effects or birth defects. Some examples include Benzene, Perchloroethylene, Methylene Chloride, Dioxins and Furans, Asbestos, Toluene, and Cadmium; WHEREAS, Congress has found that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation;
WHEREAS, Congress has found that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments (Clean Air Act, 42 U.S.C. § 7401(a)(3));
ATTACHMENT 2
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WHEREAS, pursuant to the California Clean Air Act Law, the California Air Resources Board (CARB) regulates mobile sources of pollution while local and regional authorities are responsible for controlling air pollution from other sources; WHEREAS, much of the Greater Bay Area, including the Town of Los Gatos, remains a nonattainment area that does not meet the federal air quality standards established to protect public health,
WHEREAS, Nitric Oxide and Nitrogen Dioxide (collectively NOx) react with volatile organic compounds (VOCs) in the presence of sunlight to form Ground-level Ozone (O3); WHEREAS, NOx can also contribute to the formation of fine particulate matter (PM2.5) through a series of chemical reactions in the atmosphere; WHEREAS, emissions from building appliances contribute significantly to NOx, and therefore O3 and PM2.5 that are present in the Greater Bay Area at levels that violate state and federal standards;
WHEREAS, by establishing standards and policies that reduce NOx emissions will also lead to a reduction in Ground-level Ozone and PM2.5;
WHEREAS, NOx gases can irritate the airways in the human respiratory system, leading to impaired lung function, increased asthma attacks, cardiovascular harm, lower birth weight, and increased ER and hospital admissions;
WHEREAS, Ground-level ozone can cause respiratory issues, exacerbate asthma, reduce lung function, and lead to other health problems;
WHEREAS, Ground-level ozone also affects vegetation and ecosystems; WHEREAS, PM2.5 can penetrate deep into the lungs and even enter the bloodstream, causing cardiovascular and respiratory diseases, as well as other health issues. It also contributes to visibility reduction and environmental degradation; WHEREAS, the Bay Area Air Quality Management District approved rules on June 21, 2023, that outlaw the sale of NOx-emitting water heaters and furnaces in 2027 and 2029, respectively, in the Bay Area;
WHEREAS, preparing structures in the Town of Los Gatos for the upcoming implementation of the Bay Area Air Quality Management District’s rules will promote efficiency and cost savings that will benefit Los Gatos residents and protect community health.
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WHEREAS, Section 39002 of the California Health and Safety Code authorizes local agencies to establish air pollution standards that are stricter than statewide or federal standards;
WHEREAS, the subject Ordinance will add Article V (Air Quality) to the Town of Los Gatos Town Code as set forth herein;
WHEREAS, the subject Ordinance will amend section 29.20.720 (Administration and Enforcement) of the Town of Los Gatos Town Code as set forth herein; WHEREAS, the legislature of the State of California has, in Article XI, Section 7 of the California Constitution, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; WHEREAS, this meeting was publicly noticed; and
WHEREAS, adoption of the proposed Ordinance is considered a "project" under Section 15378(a)(1) of the California Environmental Quality Act (CEQA); WHEREAS, the proposed Ordinance may be found exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no possibility that the proposed changes to the Town’s Municipal Code may have a significant effect on the environment;
WHEREAS, after notification and public hearing, as specified by law and after presentation by the Building Official, proponents and opponents, the hearing was closed; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
Section I. Legislative Findings.
The proposed amendments to the Town of Los Gatos Town Code are consistent with goals, policies, and actions from the 2040 General Plan including, but not limited to, the following:
Environment and Sustainability Element (ENV)
1. ENV 8.2 – Support Regional Efforts to Reduce Air Pollution: Coordinate with and support the Air District, Metropolitan Transportation Commission (MTC), State and Federal planning efforts and programs aimed at reducing air pollution, including ongoing monitoring and management of major pollutants affecting Los Gatos and the region, with particular focus on PM2.5 and PM10 (Particulate Matter).
2. ENV 8.8 – Reduce Emissions from Commercial Sources: Reduce particulate emissions from dry cleaning, light manufacturing, wood burning, and landscape maintenance.
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3. ENV 8.9 – Air Pollution Impacts During Construction: Require project proponents to prepare and implement a construction management plan that incorporates Best Available Control measures and all best management practices in accordance with the Air District standards to reduce criteria pollutants.
4. ENV 9.3 – Support Climate Chage Initiatives: Support initiatives, legislation, and actions to respond to climate change.
5. ENV 9.4 – Raise Climate Change Impacts Awareness: Collaborate with local organizations, such as health care providers, public health advocates, and fire prevention organizations, to raise awareness about climate change impacts and to disseminate public emergency preparedness and response information as it relates to climate change.
6. ENV 9.6 – Energy Conservation and Renewable Energy Use: Promote energy conservation in business and residential uses by encouraging installation of fixture and appliance upgrades, installation of solar panels, and other retrofits to existing structures.
7. ENV 9.10 – Encourage and Incentivize Alternative Fuels: Support the use of nonpolluting fuels by encouraging the inclusion of facilities for alternative fuels in new public and private developments and by offering incentives to encourage retrofits.
8. ENV 9.11 – Green Building: Foster awareness and encourage adoption of green building practices that include the design and development of environmentally responsible commercial and residential development and retrofits.
9. ENV 9.13 – Regional Green Building Programs: Coordinate with other local governments, special districts, nonprofits, and other public organizations to share resources, achieve economies of scale, and develop green building policies and programs that are optimized on a regional scale.
10. ENV 11.4 – Conservation and Reduction: Maximize the conservation and efficient use of energy in existing and new residences, businesses, and municipal buildings in Los Gatos.
NOx-emitting equipment has been shown to have a specific, adverse impact upon the public health and safety as evidenced by the following reports:
1. Gas appliances in California homes and buildings generate four times as much lungdamaging nitrogen oxide (NOx) pollution as the state's gas power plants, and roughly two thirds as much NOx as all the state’s passenger cars, according to a 2022 report by RMI, SPUR, and Sierra Club titled “Gas Appliances and Smog: California's Hidden Air Pollution Problem.”
2. “Effects of Residential Gas Appliances on Indoor and Outdoor Air Quality and Public Health in California,” a study by UCLA, found that gas appliances not only emit NOx and PM2.5 indoors, but also outdoors, and that these pollutants have been linked to various acute and chronic health effects, including respiratory illness, cardiovascular disease, and premature death. If all residential gas appliances were immediately replaced with clean alternatives, the reduction of outdoor NOx and PM2.5 would result in 354 fewer
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deaths, as well as 596 fewer cases of acute bronchitis, and 304 fewer cases of chronic bronchitis annually in California.
3. BMC Environmental Health published “Short term exposure to air pollution and mortality in the US: a double negative control analysis,” a research paper that concluded breathing PM2.5, and possibly O3 and NO2, even for a short time, can increase the risk of death from any cause, and that these risks are present even at pollution levels that are currently considered safe.
4. A report published by RMI, Mothers Our Front, Physicians for Social Responsibility, and the Sierra Club found that gas stoves emit numerous pollutants and peak indoor air pollution from gas stoves can reach levels that would be illegal outdoors per EPA standards. Children are particularly at risk for asthma, aggravated respiratory symptoms, irritated airways, lung infections, decreased lung function, and learning deficits.
5. “Fine particulate matter exposure during childhood relates to hemispheric-specific differences in brain structure,” a paper published by Environmental International, found that exposure to PM2.5 across the U.S. may be an important environmental factor influencing patterns of structural brain development in childhood.
6. BAAQMD conducted a study titled “Assessing Ambient Air Quality and Health Impacts from Natural Gas Building Appliances in the Bay Area,” citing the harmful impacts of exposure to NOx and PM2.5 and simulation modeling showing the significant reduction in pollution by prohibit the sale of NOx-emitting appliances beginning in 2027.
SECTION II. Article V, “Air Quality” is hereby added to Chapter 13, “Health and Sanitation” of the Town Code to read as follows:
Chapter 13 – Health and Sanitation
Article V – Air Quality
Sec. 13.50.010 - Air Quality
The purpose of this Article is to protect public health safety and welfare by establishing objective, written public health and safety standards that enhance air quality conditions and reduce greenhouse gas emissions. The regulations of this Article are established under the authority of local jurisdictions to set stricter standards than those set forth by law or by the state board for nonvehicular sources (Section 39002 of the California Health and Safety Code).
The regulations of this Article are further established pursuant to the Town’s police power authority to protect the public health, safety, and welfare.
Sec. 13.50.020 - Definitions
As used in this Article, the following terms shall have the meanings set forth below.
ADDITION. An extension or increase in floor area of an existing building or structure.
ESTABLISHED. The date a building permit has been submitted to, accepted by, the Town of Los Gatos with all fees required for permit intake review having been paid.
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INSTALLED. The placing, anchoring, or mounting of an appliance within a building or structure.
NEW CONSTRUCTION. Newly constructed buildings that have not been used or occupied for any purpose. New Construction does not include additions, alterations, or repairs.
NITROGEN OXIDES OR “NOx”. The sum of nitrogen oxide (NO) and nitrogen dioxide (NO2), collectively expressed as nitrogen oxide.
NOx EMITTING APPLIANCE. Any appliance that emits more than 0.0 nanograms of nitrogen oxides (expressed as NOx) per joule of heat output.
NOXIOUS OR TOXIC EMISSIONS. Gaseous or particulate byproducts of combustion that are harmful or hazardous to human health, animal life, or the environment. This includes, but is not limited to, emissions that contain nitrogen oxides (NOx), carbon monoxide (CO), sulfur dioxide (SO2), volatile organic compounds (VOCs), heavy metals, dioxins, and furans.
QUALIFYING ALTERATIONS. Substantial renovations/alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement, as defined in California Existing Building Code, Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall meet the new construction requirements of California Code of Regulations, Title 24 as modified by the Town of Los Gatos. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the new construction requirements.
REGULATED APPLIANCES. Space heaters, fireplaces, water heaters, pool and spa heaters, cooking appliances, outdoor barbeques, and clothes dryers SPACE HEATER(S). Powered appliance such as a furnace or fireplace used to heat a designated area or space within a building to raise the temperature of air.
ZERO NOx EMITTING APPLIANCE. Appliance that emits no more than 0.0 nanograms of nitrogen oxides (expressed as NOx) per joule of heat output.
Sec. 13.50.030 - Applicability.
The requirements of this Article apply to all residential and nonresidential new construction or renovation/addition projects meeting the definition of new construction or qualifying alterations as defined in Town Code, established after the effective date of this Ordinance.
Sec. 13.50.040 - NOx-Emission Limit.
NOx-emissions from regulated appliances located in the building or property lines, including but not limited to, space heaters, fireplaces, water heaters, pool and spa heaters, cooking appliances, outdoor barbeques, and clothes dryers, shall not exceed 0.0 nanograms of nitrogen oxides (NOx) per joule of heat and/or light output.
Exceptions:
a. Permanently installed emergency outdoor generators.
b. Commercial tenant improvement projects.
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Sec. 13.50.050 - Compliance.
The requirements of this Article shall be verified by manufacturers of regulated appliances providing documentation demonstrating the appliance is powered exclusively by electricity or certifying that their appliance does not exceed the NOx-emission limit based on performance data from standardized testing procedures specific to the type of appliance (e.g., American National Standard for Household Cooking Appliances Z21.1, ANSI Z21.1, for gas-fired appliances).
Sec. 13.50.060 - Limited exemptions from NOx-emission regulations.
The Town may grant limited exemptions to NOx emission regulations set forth in Section
13.05.030, provided that a request and justification are provided in writing and conform to the following:
a. Dependent processes. Business or commercial activities that require the emission of NOx for specific operationally dependent processes. Examples include, but shall not be limited to, metallurgy, glass blowing, pottery, research and development uses, and certain medical processes.
b. Commercial cooking. Commercial restaurants and similar commercial food preparatory facilities. Examples include, but shall not be limited to, restaurants, bakeries, grocery stores, and commercial kitchens.
c. Cost prohibitive. If the applicant establishes that there is not a prescriptive or performance compliance pathway for the building system to achieve zero NOx emissions, under the California Building Energy Efficiency Standards, using commercially available technology and an approved calculation method.
In the event a limited exemption is granted, electric service will be required to any location where NOx emitting appliances are to be installed. The exact type and placement of electrical service and outlets in proximity to locations where NOx emitting equipment is installed shall be subject to the approval of the Building Official.
SECTION III. Section 29.20.720, “Administration and Enforcement,” of Article II, “Assignments of Duties, of Chapter 29, “Zoning Regulations,” is amended to read as follows:
Chapter 29 – Zoning Regulations
Article II Division 7 – ASSIGNMENT OF DUTIES
Sec. 29.20.720 – BUILDING OFFICIAL/DEPARTMENT
The Building Official/Department shall:
(1) Determine estimated cost to replace nonconforming buildings. (2) Determine the value of destroyed nonconforming buildings. (3) Determine applications for exception from enclosure requirements for swimming pools. (4) Enforce all regulations regarding enclosure of swimming pools.
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(5) Jointly with the Town Engineer, determine whether a grading permit requires architecture and site approval.
(6) Jointly with the Planning Director and the Town Engineer determine parking lot permits as provided by section 29.10.155(l).
(7) Be a member of the Development Review Committee.
(8) Determine when a structure poses an imminent safety hazard. (9) Implement the air quality and NOx emission regulations as provided in Article II, “Air Quality.”
SECTION IV. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION V. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION VI. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION VII. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
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ABSTAIN:
SIGNED:
_________________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
____________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 19.
PREPARED BY: Monica Renn
Economic Vitality Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 20
DATE: December 12, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Discuss Options for a New Annual Town Event for Fall 2025 and Provide Direction
RECOMMENDATION:
Discuss options for a new annual Town event for Fall 2025 and provide direction.
BACKGROUND:
The Town of Los Gatos embraces the opportunity to celebrate with the community through its four annual Town events and continues to include special events and community vitality within its annual Strategic Priorities. Events that take place in Los Gatos typically fall into two categories, Town events (those coordinated and implemented by Town staff) and Community Special Events (those coordinated and implemented by a third-party community stakeholder which require Town approval through the special event permit process). The Town’s events are adopted annually through the budget process and include the following:
Spring into Green is celebrated on a Sunday in April, typically on the weekend of Earth Day, at Town Plaza Park alongside the Farmers Market. This event is focused on sustainability, waste diversion, environmental protection, clean water, and related community organizations. This event started in 2015, replacing the Town’s former annual Garage Sale and Keep Los Gatos Beautiful Month Newsletter. The event is one of the efforts the Town implements to meet community outreach and education goals for waste diversion and sustainability initiatives. Spring into Green provides the Town’s partners opportunities to participate in the event through a booth with an activity or information that highlights sustainability, waste diversion, and environmental stewardship. The Town also celebrates its Tree City USA designation during Spring into Green with a tree planting led by the Mayor, accompanied by fellow Town Council Members and youth members of the Los Gatos community.
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SUBJECT: Provide Direction on a New Annual Town Event
DATE: December 17, 2024
Los Gatos Celebrates the Fourth of July is celebrated on the Fourth of July each year, at Oak Meadow Park. The event began in the early 2000s at the Civic Center and Los Gatos High School lawns and has since evolved into the celebration it is today, also known as Symphony in the Park. The event features a flag-raising ceremony, Veterans recognition, and a patriotic concert by the San José Wind Symphony, along with food trucks, a beer and wine garden, games, family activities, and more.
Screen on the Green is an outdoor movie night typically celebrated on the third Friday in September at Oak Meadow Park. The event began in the early 2000s. Traditionally, the Mayor selects a family friendly film to be shown on a large outdoor screen. Event guests bring their own chairs, blankets, and snacks. The Town provides the movie and pre-event activities, including a Mayor’s Welcome at the start of the film. Billy Jones Wildcat Railroad opens its snack shack, train, and carousel for guests to enjoy before the show. During the time of COVID-19 recovery, the Town offered multiple Screen on the Green events at both Oak Meadow Park and the Civic Center in lieu of other events as a way for the community to come together in a time when only outdoor gatherings that permitted ample social distancing were acceptable.
Los Gatos in Lights, a Winter Celebration, is held on the first Friday in December at Town Plaza Park. This community celebration blends the decades long tradition of lighting a tree in Town Plaza Park and Santa Claus arriving by fire truck, with the new traditions of a winter celebration that lights up the entire park, delivers snow flurries, offers live music from Fisher Middle School Students and community members, and more to kick off a festive season of celebrations in Town.
In addition to the four Town events, the Town supports Music in the Park, two neighborhood Halloween road closures, and the Los Gatos Children’s Holiday Parade with funding and significant staffing and operational resources.
On October 1, 2024, the Town Council discussed the Town events, with a particular focus on Spring into Green and Screen on the Green, given the evolving landscape of events and the Community’s desire to be engaged through these events. During this discussion, it was noted that Spring into Green is a tremendously popular for event guests and community partners/vendors wanting to participate with an outreach booth. The format of the event, on a Sunday in Town Plaza Park alongside the Farmers Market, creates the opportunity for the stakeholder experience to feel convenient, synergetic, lively, and enriched. Staff has found that there are increasing numbers of interested booth vendors that are incredibly valuable partners doing great work for the community, although are not necessarily organizations that fit within the event’s goal of educating and promoting Earth Day and related sustainability initiatives. To date, staff has made space for most vendors and partners to participate in Spring into Green.
The event is now at capacity with additional interest for 2025.
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SUBJECT: Provide Direction on a New Annual Town Event
DATE: December 17, 2024
It was also discussed that Screen on the Green has seen a decline in attendance over the last several years, likely due to the availability of outdoor movies and similar events taking place frequently through schools, neighborhoods, and other community groups.
Through its discussion, the Town Council expressed a strong interest in expanding upon the current Screen on the Green format, or replacing it completely with a new community event, allowing opportunities for a variety of community stakeholders to participate in an event while refocusing Spring into Green’s booth participants to the original intent of waste diversion, Earth Day, and similar sustainability efforts.
The Town Council directed staff to come back with options for a new Town event that included the following key considerations:
Three options for a new fall event beginning in 2025, focused on celebrating the fabric of the Los Gatos Community including interests such as art, music, dance, culture, lifestyle, and community service organizations.
Options should include the event locations of Oak Meadow Park, Plaza Park, and the Civic Center Lawn.
The option at Oak Meadow Park should blend new event components with the traditions of Screen on the Green and include an outdoor movie, while the options for Plaza Park and the Civic Center should not include an outdoor movie. Options at Plaza Park should consider an event alongside the Farmers Market as well as a standalone event that takes place on a different day and time as the Famers Market. Considerations should be given for each location as they relate to parking capacity and availability, pedestrian access, synergy between the event and neighboring businesses, a feeling of being a central location, and the ability for the event to evolve over time. The event should include a variety of engaging elements that attract a wide range of community members and be inclusive of all age groups.
A budget should be outlined that is realistic for achieving the proposed scope of the event.
DISCUSSION:
To help organize the conversation, staff is providing general and location specific recommendations. It is important to note that events are dynamic and require flexibility from the planning stage through event completion. Especially with new events, there are often unforeseen variables and issues that arise requiring event elements to be adjusted as the planning and implementation unfolds. Given this, staff is recommending that the Town Council provide high-level direction on the location, scope, and framework for the event, giving the staff latitude to adjust the finer details as the event is planned and ensuring it meets the intended goals within the adopted budget.
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SUBJECT: Provide Direction on a New Annual Town Event
DATE: December 17, 2024
Event Date
For each of the event options being provided, it is recommended that the event be held the second weekend of October. Historically, Screen on the Green is held on the third Friday in September, except when the date conflicts with Rosh Hashanah or Yom Kippur. In which case, the event is moved to the second or fourth Friday of September. This date could continue to be an option should the Town Council choose to expand on the current format of Screen on the Green rather than sunsetting it and creating a new event. Otherwise, the recommendation is to hold the event within the second weekend of October. Fall is a busy event time for annual community events hosted by local non-profits; thus, staff is sensitive to not recommending a weekend that is typically utilized for such recurring events. For reference, Attachment 1 provides a list of the Town and Community Events that took place in 2024.
General Event Elements
The recommendation for all event options is to create a warm, inviting, and vibrant fall festival that celebrates the fabric of the Los Gatos Community including activities and entertainment focusing on games, art, music, dance, culture, and lifestyle, shared through the participation of local community and non-profit organizations. Event components will vary in an effort to create options that are attractive to many community members with a variety of interests, ultimately creating an event where the community feels welcomed and included to gather together and connect with one another.
The event will be decorated in fall colors with bales of hay as seating around a community stage and in clusters throughout the venue to encourage gatherings, conversations, and shared meals. Additionally, there will be tables with chairs, and standing/cocktail-height tables offered in various locations to appeal to a variety of comfort levels as folks gather, converse, enjoy the entertainment, and dine.
The event elements will include fall themed festival games, rented from a professional vendor; organic backyard-type lawn games scattered throughout the event as space allows; activity tables/booths where groups can provide their own custom activity; a community stage with both hired entertainment and local community groups performing music, dance, and art; food trucks; and other elements that align with the community stakeholders participating.
Community and Non-Profit Group Participation
As with Spring into Green, the event will be open to community groups that are located within or serve the Los Gatos community. Groups will be able to sign up and participate free of charge and have to opportunity to offer either a game, activity, or performance on stage. The local community groups would participate by selecting one of the following three options: run a festival game booth, create an activity or game of their own in a booth, or choose to perform
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SUBJECT: Provide Direction on a New Annual Town Event
DATE: December 17, 2024
on the community stage. Staff believes this model allows for the community groups to connect with the community in ways that resonate with their goals and services as they could with a traditional tabling-type event while being more engaged with event guests through an activity or performance.
Staff recommends renting fall themed festival games that some community groups may sign up to operate. For example, a service group could request to operate one of the rented games, such as a ring toss. Staff would rent, set up, and provide the supplies for the game, then the community group would have volunteers staff the game at the event. While operating it, they could have the opportunity to share their good work with the community members participating including handing out information or talking about the services they provide.
Another option for a community group to participate would be to create their own game or activity for event guests. For example, a group could provide an activity that relates to the services they provide in the community such as planting a specific vegetable, learning an artistic technique, or practicing a wellness or culture related skill. In this case, staff would provide a table or designated area that fits the selected activity, and the group would provide their own supplies and volunteers to engage with event guests.
The third option for a community group to participate would be through a performance on stage. For example, a local dance or music group could opt to select a performance slot and would be featured on the community stage. With this option, the performances would be by non-profit, community recreation, or school groups rather than by for-profit businesses.
Staff also recommends hiring two to three professional musical or dance entertainment groups to weave in between community performances.
The activities and performances would be going on simultaneously, along with the organic lawn games, food trucks, and other activities such as decorate-a-pumpkin patch and selfie or photo booth stations. Staff would organize an online program, linked by a QR code on display at the event, that highlights all of the community groups participating and links to their online resources.
Event Specifics by Location
Oak Meadow Park: For this location, staff would build the event around Screen on the Green, rebranding it as a fall festival and movie night. The event would remain on a Friday evening, either the third Friday in September, or the second Friday in October. It would begin in the late afternoon (approximately 4 p.m.), with activities, games, and performances, leading up to a movie that begins at sunset (approximately 6:30 or 7 p.m.). The benefits of choosing Oak Meadow Park include the ability to expand upon and enhance a known Town event. This park is central to the Town limits and is large enough to support a growing event each year. The Town
ITEM NO. 20.
PAGE 6 OF 9
SUBJECT: Provide Direction on a New Annual Town Event
DATE: December 17, 2024
would continue to partner with Billy Jones Wildcat Railroad for train and carousel rides, and their snack shack as one of the dining options. Additionally, there are some bathroom facilities located on-site, although porta-potties would be necessary to support the crowd size as is done for the Fourth of July event.
There are some challenges that should be considered for Oak Meadow Park, including a lack of sufficient on-site parking for a large crowd. For the Fourth of July, the Town has an agreement to use a nearby commercial lot where the office it supports is closed on holidays to help alleviate parking congestion, however on a business day such a Friday, this is likely not an option. Staff explored the option of a shuttle service that could be added to the event to move folks from off-site parking locations to the park; however, the Town would need to identify and staff locations with ample off-site parking and provide logistics for safe shuttle queuing, loading, and unloading. Another consideration is the need to bring in lighting for the event given the park typically closes at sunset and is not equipped with lighting sufficient for large evening events. Finally, the Town Council may want to consider that a community event that begins in the afternoon on a weekday may pose a challenge for many community members to attend.
Plaza Park, with Farmers Market: The location and popularity of Plaza Park lends itself to being a natural option for the fall festival. It is staff’s recommendation that if Plaza Park is the choice of the Town Council that the event be a stand-alone event, not taking place in tandem with the Farmers Market. While this partnership provides for a boost in exposure and event guests, it limits the amount of available space for the event to take place and grow. Also, it may be difficult to give this event a distinct personality that is not confused with Spring into Green.
That said, should the Town Council choose to have an event that is smaller in scope and budget, implementing it on a Sunday with the Farmers Market would be a good option. With this format, participation would be limited for community groups hosting games/booths, while the community stage could function as described previously in this report. The portion of Main Street between N. Santa Cruz Avenue and University Avenue would need to be closed as it is with Spring into Green to provide enough space for the activities. This road closure would require an increase in staff resources to implement and monitor.
Plaza Park, without Farmers Market: When considering the event in Plaza Park without the Farmers Market, staff is recommending it be held on Saturday, October 10, either as a daytime or evening event, with the main consideration on time of day being the budget for lighting during an evening event. In this proposed format, staff recommends closing Montebello Way and Broadway Avenue, between Main Street and S. Santa Cruz Avenue as the area to support the game and activity booths, a few lawn type games, and some casual seating. With the anticipated bollard project on Montebello Way and Broadway Avenue in process, closing these roads would require much less staff resources than closing portions of Main Street.
ITEM NO. 20.
PAGE 7 OF 9
SUBJECT: Provide Direction on a New Annual Town Event
DATE: December 17, 2024
The lawn of the park would host the community stage with hay bales and table options for seating. Additional lawn games and activities could be scattered at the park to allow for a variety of gathering opportunities.
This location would be a great fit for a fall festival in this format for several reasons. The space can be arranged to feel cozy and accessible while allowing enough space to rearrange activities as the event evolves over time. Staff has experience with staging and lighting this space for evening events (Winter Celebration) should the Town Council opt for an evening event, as well as setting up the space for a fun, lively, and successful daytime event to maximize shaded areas for guests. Often October weekends can be warm in Los Gatos and the park has tree shade that could be augmented with umbrellas or a canopy depending on the weather for the year. This would be an element of the event that would remain fluid and be adapted as the weather forecast more predictable. Additionally, through previous conversations with the Town Council regarding the Town’s Facility Use Policy, the Town Council articulated that Plaza Park, including Montebello Way and Broadway Avenue, was a highly desirable location for community events and wanted to continue to support events in this location, thus directed staff to pursue a bollard project here that allows for a safe and efficient way to close the street for events.
Parking is available throughout downtown with ample public parking, the park is accessible by pedestrians and bikes, and it is embedded in the heart of downtown allowing for event guests to also enjoy the nearby businesses and community amenities surrounding the park. This location would require porta-potties to support the crowd size. One aspect to consider is that two other annual Town events already take place in this location, thus selecting Oak Meadow Park or the Civic Center may be more appealing to the Town Council should they have the desire to spread out the Town event locations.
Civic Center Lawn: The final location for consideration is the Civic Center Lawn. While no Town events are currently scheduled here annually, it is the location of Music in the Park on Sundays in July and August, and two large scale multi-day community events (Fiesta de Artes and Oktoberfest) annually in September. The lawn at the Civic Center provides an expansive amount of space to spread out for an event and would be able to support future growth and event evolution. While not quite as accessible to the large public parking lots near Plaza Park, the Civic Center is still accessible to ample public parking within walking distance and supports both pedestrian and bike access. Parking in the front of the Civic Center and Library parking lot would be closed during the event to support space for food trucks, restrooms, and other event elements. Staff recommends that if the Civic Center is selected, no road closures take place for the event. For nearly twenty years, the Civic Center was the location of the annual Fourth of July event, until being moved to Oak Meadow Park about ten years ago. While at this location, the event worked and was well attended by the community. Staff has experience with implementing events here and feel confident that the fall festival could work well in this location, should it be the desire of the Town Council. That said, staff would recommend keeping the event during the day to allow for pedestrians at the event to be more visible to drivers on
ITEM NO. 20.
PAGE 8 OF 9
SUBJECT: Provide Direction on a New Annual Town Event
DATE: December 17, 2024
Main Street, and to eliminate headlights of passing cars interfering with performances and activities.
Budget
The events budget currently supports the Town events, Music in the Park, and the Halloween and Holiday parade road closures. Of the total budget, $45,000 is expended to implement the four Town events. Each year, the exact amount for each event varies by a small percentage depending on the event needs for the specific year; however, staff remains committed to keeping the total expenditures for the Town events within budget. The approximate hard-cost breakdown for each event, exclusive of staff time, is as follows: Spring into Green $8,000; Fourth of July $25,000; Screen on the Green $2,500; and Winter Celebration $9,500 As staff secured estimates for the components presented within this report for a fall festival, it estimates that a budget of $17,000 will be necessary to fully implement the fall festival as a standalone event, without an outdoor movie, evening lighting, or a parking shuttle service.
Evening lighting will increase the budget $2,000 - $4,000 depending on how large of an area must be lit and the availability of electricity versus the need to rent generators. A shuttle service would be approximately $1,000 per shuttle for the event. To rent an outdoor film and movie screen, an additional $1,500 would be necessary (this is less than the budget for Screen on the Green, because the professional audio services are included in the original fall festival estimate).
However, if the Town Council would like to implement a new event that is smaller and more inline with the scope of Spring into Green, the event could be implemented alongside the Farmers Market with limited community group participation. In this case, staff estimates that a budget of $11,000 would be sufficient.
CONCLUSION:
Staff recommends the Town Council discuss the fall festival event options including event elements, locations, scope, and budget, then provide staff with direction to move forward with planning the event for Fall of 2025. The Town Council may wish to use the following points to guide the discussion:
Does the Town Council wish to incorporate a new fall festival into the Town’s annual events beginning in 2025?
If so,
Would the Town Council prefer to expand upon the existing Screen on the Green event, or sunset Screen on the Green to incorporate a new fall festival? What is the desired location of the event?
Does the Town Council have a preference on time of day, i.e. daytime event versus evening event?
ITEM NO. 20.
PAGE 9 OF 9
SUBJECT: Provide Direction on a New Annual Town Event
DATE: December 17, 2024
On a high-level, which components would the Town Council like to see included in the event? Are there any that specifically should not be included? Considering the components desired by the Town Council and the estimated budget provided in this report, what is the budget for this event? ALTERNATIVES:
Town Council may decide to not direct the implementation of an expanded Screen on the Green, or new fall festival, but rather direct that no changes be made to Screen on the Green.
FISCAL IMPACT:
The fiscal impact will vary based on the Town Council’s direction, with a new event ranging from $11,000 to $25,000, dependent upon the scope of the event. It is important to note that this budget estimate accounts for hard costs of the event only, including rental items, vendor support, and entertainment. It does not account for the staff time required to implement the event. The scope of the event including road closures, event staffing, and other logistics will play a role in the amount of staff time necessary to support the event from planning through implementation. Whereas, directing no change to the current annual Town events would have no budget implications.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENTS:
1. List of 2024 Town and Community Special Events
ITEM NO. 20.
Event Organization
2024 Event
Date(s)
# of event days
in series Location
St. Patrick's Day Event Sustainable Waze
Productions March 17 1 Town Plaza Park
Cat's Hill San Jose Bike Club March 23 1 Almond Grove Neighborhood 281 Johnson Block Party Resident April 19 1 281 Johnson Ave.
LGPNS Big Truck Day Los Gatos Parent
Nursery School April 20 1 Downtown
Chamber Spring Wine Walk Chamber of Commerce April 20 1 Downtown Spring into Green Town of Los Gatos April 21 1 Town Plaza Park ArtNow Awards Ceremony NUMU April 27 1
NUMU / Civic Center Plaza /
Council Chamber and Lobby
Girls on the Run Girls on the Run May 18 1 Oak Meadow Park Breathe Forward AWO May 25 1 Town Plaza Park
Abrahamic Alliance Walk-a-Thon Abrahamic Alliance
International June 9 1 Los Gatos Creek Trail
Sounds of Summer Bluegrass Festival Los Gatos Music & Arts June 22 1 Town Plaza Park Jazz on the Plazz Los Gatos Music & Arts
June 26 -
August 21
9, weekly on
Wednesdays Town Plaza Park
July 4th Symphony in the Park Town of Los Gatos July 4 1 Oak Meadow Park 51 Ellenwood Block Party Resident July 4 1 51 Ellenwood Ave.
Jolly 10K Jolly Solutions Inc. July 20 1 Balzer Parking Lot and LG Trail Music in the Park Sustainable Waze
Productions
July 21 -
August 18
6, weekly on
Sundays Civic Center Lawn
Endless Summer Morning Rotarty of Los
Gatos
August 23 1 Town Plaza Park
Los Gatos Little League Celebration Los Gatos Little League August 24 1 Grays Lane Hollycrest Block Party Resident August 24 1 Hollycrest and Longridge 9/11 Remembrance Event Veteran's Foundation September 11 1 Civic Center Lawn Taste of Los Gatos Chamber of Commerce September 14 1 Downtown Care Fair
California State
Assembly Office September 14 1 Civic Center Lawn
Decker Memorial Veteran's Foundation September 14 1 Veteran's Memorial/Civic Screen on the Green Town of Los Gatos September 20 1 Oak Meadow Park Fiesta de Artes Kiwanis of Los Gatos September 21
- 22
2 consecutive
days Civic Center Lawn
Oktoberfest KCAT September 29 1 Civic Center Lawn
St. Mary's Fair St. Mary's School October 4 - 6 3 consecutive days
St. Mary's Church/School &
Lyndon Ave.
JCC Walk JCC Silicon Valley October 7 1 Through Town
Fall Wine Walk Chamber of Commerce October 26 1 Downtown Halloween Kid & Pet Pawlooza Chamber of Commerce October 27 1 Downtown Halloween Road Closures Town of Los Gatos October 31 1 Tait & Johnson Neighborhoods Kidsave Hike with Your Heart Kidsave International November 9 1 LG Trail Los Gatos in Lights - Winter
Celebration Town of Los Gatos December 6 1 Town Plaza Park Holiday/Children's Parade LGS Rec & Lions December 7 1 Downtown Magical Memories: Trolley Rides &
Photos with Santa Chamber of Commerce December 12-15
5 days total Downtown Streets (trolley) &
Old Town Center (Santa photos)
Kiwanis Holiday Market Kiwanis of Los Gatos December 14 - 15 2 consecutive
days Civic Center Lawn
ATTACHMENT 1
ITEM NO. 20.
PREPARED BY: Cheryl Parkman
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 21
DATE: December 9, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve a Third Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Attorney and Authorize the Mayor to Execute the Amendment; Modify the Management Salary Schedule; and Authorize a Budget Adjustment in the Amount of $22,017.61 from Available General Fund Capital/Special Projects Reserve
RECOMMENDATION:
Approve the third amendment to the Employment Agreement between the Town of Los Gatos and the Town Attorney (Attachment 1); authorize the Mayor to execute the agreement; modify the Management Salary Schedule to reflect the new salary for the Town Attorney (Attachment 2); and authorize a Budget Expenditure Adjustment in the amount of $22,017.61 from the available General Fund Capital/Special Projects Reserve.
BACKGROUND:
As an appointee of the Town Council, the Town Attorney is employed under an Employment Agreement (Attachment 3) specifying the terms and conditions of employment. The terms and conditions of employees include items such as base pay, basic and optional benefits, covered expenses, parameters for an annual performance review, and conditions for termination/severability. Senate Bill 1436 requires an oral summary at a Council meeting when a recommendation is made related to modifying the salary, salary schedule, or fringe benefits of any person employed under an Employment Agreement with a local agency.
DISCUSSION:
As outlined in the Employment Agreement, the Town Council reviews the Town Attorney’s performance and compensation annually through a performance evaluation. In accordance
ITEM NO. 21.
PAGE 2 OF 2
SUBJECT: Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Attorney
DATE: December 9, 2024
with the agreement terms for Town Attorney Gabrielle Whelan, the Town Council completed the evaluation for the period of November 2023 through November 2024.
Based upon the completion of a satisfactory performance review, the Town Council authorized a five percent (5%) cost of living adjustment, retroactive to July 7, 2024. This would be equivalent to $274,321 annually. Additionally, the Town Council authorized a two percent (2%) merit increase, effective retroactively to November 24, 2024. This will be equivalent to a total increase of $279,807 annually.
CONCLUSION:
Based upon the completion of a satisfactory performance review in Closed Session, it is recommended that the Town Attorney’s annual base salary increase to a total of $279,807 annually, 5% which will be effective July 7, 2024, and 2% which will be effective November 24, 2024.
COORDINATION:
This memo was coordinated with the Director of Finance.
FISCAL IMPACT:
Funding to support the Town Attorney’s salary and benefits is authorized in the annual budget each fiscal year along with all other Town employee compensation and benefits. The anticipated fiscal impact for the remainder of the fiscal year is $21,731. The requested budget adjustment in the amount of $22,017.61 from available General Fund Capital/Special Project Reserve will provide funding for the additional salary and benefit cost for Fiscal Year (FY) 2024/25 through fund and account number 111-1301-51111. Funding for the ongoing costs each year will be incorporated into the proposed future year budgets for Council approval.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Third Amendment to the Employment Agreement – Town Attorney
2. Salary Schedule for Town Council and Management
3. Employment Agreement - Town Attorney
ITEM NO. 21.
Third Amendment to Town Attorney Employment Agreement ATTACHMENT 1
THIRD AMENDMENT TO THE TOWN ATTORNEY EMPLOYMENT
AGREEMENT
This Amendment to Town Agreement AGR 22.087 is entered into this 17th day of December 2024, by and between the Town of Los Gatos, a municipal corporation ("TOWN") and Gabrielle Whelan ("EMPLOYEE").
RECITALS:
WHEREAS, Town and Gabrielle Whelan executed an Agreement effective May 16, 2022, to provide Town Attorney services to the Town; and WHEREAS, a First Amendment to the Agreement was executed on December 06, 2022, to amend the employment agreement to award a 1.5% wage increase to the annual base salary, effective on November 15, 2022; and
WHEREAS, a Second Amendment to the Agreement was executed on December 06, 2023, the Town Council desires to amend the Agreement to award a $7,609 wage increase (3%) to the annual base salary, retroactive to November 26, 2023; and WHEREAS, on the basis of a cost of living adjustment, the Town Council desires to amend the Agreement to award a $13,063.39 wage increase (5%) to the annual base salary, retroactive to July 7, 2024; and
WHEREAS, on the basis of the annual evaluation, the Town Council desires to amend the Agreement to award a $5,486.43 wage increase (2%) to the annual base salary, effective November 24, 2024.
IT IS THEREFORE AGREED by the parties as follows:
Section 2(A) of the Agreement is amended to read as follows:
A. Salary.
The Town Attorney is awarded a 5% cost of living increase retroactive to July 7, 2024 ($13,063.39 annually), and a 2% merit increase ($5,486.43 annually) effective November 24, 2024.
All other terms of the original Employment Agreement remain in effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Town Attorney Agreement on the date written above.
ITEM NO. 21.
Third Amendment to Town Attorney Employment Agreement ATTACHMENT 1
TOWN OF LOS GATOS
Matthew Hudes, Mayor
ATTEST:
Wendy Wood, Town Clerk Gabrielle Whelan, Town Attorney
ITEM NO. 21.
Town of Los Gatos Town Council and Management Classifications Salary Schedule for Fiscal Year 2024/25
Effective July 7, 2024***
Class
Code Classification Title
Annual
Salary
Minimum
Annual
Salary
Maximum
NEW Assistant Director $ 168,000 $ 226,800
2110 Assistant Town Manager $ 202,585 $ 273,490
2420 Chief Building Official $ 147,382 $ 198,966
2400 Community Development Director $ 188,655 $ 254,685 2180 Community Outreach Coordinator $ 101,762 $ 137,379 NEW Deputy Town Manager $ 155,000 $ 209,250
2130 Economic Vitality Manager $ 140,279 $ 189,377
2315 Finance and Accounting Manager $ 147,382 $ 198,966 2310 Finance and Budget Manager $ 147,382 $ 198,966
2300 Director* $ 184,059 $ 248,480
2900 Information Technology Manager $ 147,382 $ 198,966 2820 Division Manager** $ 147,382 $ 198,966
2600 Parks & Public Works Director $ 188,655 $ 254,685
2645 Parks & Public Works Operations Manager $ 127,087 $ 171,567 2630 Parks & Public Works Superintendent $ 147,382 $ 198,966 2412 Planning Manager $ 147,382 $ 198,966
2510 Police Captain $ 176,858 $ 238,759
2500 Police Chief $ 203,874 $ 275,229
2545 Police Records & Communication Manager $ 136,857 $ 184,758 2140 Senior Administrative Analyst $ 109,586 $ 147,941
2650 Senior Civil Engineer $ 140,279 $ 189,377
2000 Town Attorney - Council Appointed (Effective 11/24/24) $ 279,807 2190 Town Clerk $ 147,382 $ 198,966
2615 Town Engineer $ 162,681 $ 219,620
2100 Town Manager - Council Appointed (Effective 11/4/2024) $ 329,000 2905 Urban Forest Manager $ 127,087 $ 171,567
1000
Town Council (Effective 1/1/19 Pursuant to Ordinance Adopted by Town Council on 2/6/18)
* The HR, Finance and Library Director classifications have been included in this classification. ** The Library Division Manager classification has been included in this classification ***Except for Town Attorney, Town Manager, and Town Council as noted.
Management salaries reflect a spread of 35% to the top of the range.
Reflects a General Increase of 5% (10% for 2110; 8% for 2500; and 6% for 2510) $570 Stipend per month,
for a total compensation
of $6,840 per year
Management 5% Page 1 of 1
ATTACHMENT 2
ITEM NO. 21.
TOWN ATTORNEY EMPLOYMENT AGREEMENT
This Agreement is made and entered into the ____ day of April 2022, by and between the Town of Los Gatos, a municipal corporation in the State of California ("TOWN"), and Gabrielle Whelan ("ATTORNEY").
RECITALS
A. The Town Council of the Town of Los Gatos desires to appoint Gabrielle Whelan to the position of Town Attorney of the Town of Los Gatos on May 16, 2022.
B. It is the desire of the Town Council to establish the terms and conditions of employment of Gabrielle Whelan as Town Attorney of the Town of Los Gatos, including the duties, salary, and benefits of employment.
C. Gabrielle Whelan desires to accept employment as Town Attorney of the Town of Los Gatos under the terms set forth herein.
NOW, THEREFORE, in consideration of the respective and mutual covenants hereinafter contained and made, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, and subject to all the terms and conditions hereof, the parties agree as follows:
SECTION I. DUTIES AND RESPONSIBILITIES:
A. Appointment as Town Attorney. TOWN hereby agrees to employ ATTORNEY in the capacity of Town Attorney for TOWN during the term of this Agreement. ATTORNEY will perform the functions and duties specified in Section 2.30.505 of the Los Gatos Municipal Code for this position and perform such other legally permissible and proper duties and functions as the Town Council may from time to time assign or delegate. Legal services shall include, but not be limited to, the preparation and review of ordinances, resolutions, agreements, and contracts; legal research; attendance at Town Council meetings and other meetings upon request (such as high profile Planning Commission meetings); rendering of legal opinions to the Town Council and Town Manager; representation of the Town, members of the Town Council and other Town officers and employees in claims and litigation filed by or against the Town, except those that the Town Attorney or Town Council determine should be handled by outside counsel; and such other legal services as may be directed by Town Council or Town Manager. Consistent with other demands of the office, Attorney will use best efforts to handle general municipal and land use litigation herself to reduce costs of outside counsel.
B. Exclusive Employment. During the term of this Agreement, ATTORNEY shall be in the exclusive employ of TOWN; provided, however, that the term "exclusive employ" shall not prohibit future part-time employment which the Employee may desire to accept with appropriate prior knowledge and approval of the Town Council. "Appropriate prior knowledge and approval of the Town Council" shall mean that ATTORNEY shall give four (4) weeks written notice to the Town Council prior to accepting part-time employment and approval of the Town Council shall be deemed given unless any Town Council member states in writing that they desire a closed session to discuss the part-time employment. Such parttime employment shall not in any way conflict in time or interest with ATTORNEY's responsibilities to TOWN. Town Council shall have uncontrolled discretion in granting parttime outside employment and its determination to grant or deny part-time outside employment shall be final.
ATTACHMENT 3
ITEM NO. 21.
SECTION 2. SALARY:
A. Initial Salary. TOWN agrees to pay ATTORNEY for her services rendered in the amount of $249,900 annually, payable in installments at the same time as other employees of TOWN are paid.
B. Performance Evaluations. The Town Council shall evaluate the ATTORNEY's performance on or before November 30, 2022, and in November annually thereafter.
C. Salary Increases. Should the Town Council, upon completion of its review of ATTORNEY's performance pursuant to this Agreement, determine that ATTORNEY has met its performance expectations; the Town Council shall increase ATTORNEY's compensation at least consistent with compensation increases granted by Town Council to other Town Management (AtWill/Unrepresented) Employees. ATTORNEY understands and agrees that she has no entitlement to an increase in compensation. Any decision to increase ATTORNEY's compensation shall be retroactive to the beginning of the pay period immediately preceding the evaluation conducted in accordance with Section 2(B) above.
SECTION 3. BENEFITS:
All provisions of the Town Code and regulations and rules of Town relating to vacation and sick leave, medical, dental, vision, retirement (2% at 60 formula, 36-month highest average salary) and pension system contributions, holidays, cash out provisions, and other fringe benefits and working conditions pertaining to Town Management (At-Will/Unrepresented) Employees as they now exist or hereafter may be amended, except as otherwise set forth herein, also shall apply to ATTORNEY. Nothing in this Agreement shall affect any vacation, personal leave, administrative leave, sick time, pension system contributions or accruals, or other benefits which ATTORNEY has accrued and is owed or attributable to ATTORNEY as of the date of this Agreement, all of which shall remain accrued, owing, and attributable to ATTORNEY until used or redeemed by ATTORNEY.
SECTION 4. HOURS OF WORK AND LEAVE BENEFITS:
A. Regular Hours. ATTORNEY's duties may involve expenditures of time in excess of eight (8) hours per day and/or forty (40) hours per week, and may also include time outside normal office hours such as attendance at Town Council and other meetings. ATTORNEY shall not be entitled to additional compensation for any work performed in excess of the TOWN's regular workweek.
B. Administrative Leave. It is recognized that ATTORNEY must devote a great deal of her time outside normal office hours without benefit of paid overtime in the conduct of TOWN business, and, to that end, ATTORNEY shall be entitled to administrative leave in an equivalent amount to that granted Town Management (At-Will/Unrepresented) Employees, which the parties agree is five (5) days per year. ATTORNEY shall be entitled to accrue, use or redeem administrative leave in whatever manner is permitted pursuant to Town policy, as same may be amended from time to time by action of the Town Council.
C. Personal Leave. ATTORNEY shall be entitled to personal leave in the amount of five (5) days per year. ATTORNEY shall be entitled to accrue, use or redeem personal leave in whatever manner is permitted pursuant to Town policy, as same may be amended from time to time by action of the Town Council.
ITEM NO. 21.
D. Vacation Leave. ATTORNEY shall be entitled to vacation leave in the amount of 25 days per year. ATTORNEY shall be entitled to accrue, use or redeem personal leave in whatever manner is permitted pursuant to Town policy, as same may be amended from time to time by action of the Town Council.
E. Sick Leave. ATTORNEY shall be entitled to sick leave in the amount of 12 days per year. ATTORNEY shall be entitled to accrue, use or redeem personal leave in whatever manner is permitted pursuant to Town policy, as same may be amended from time to time by action of the Town Council.
F. Mileage Reimbursement, Cell Phone Stipend, Holidays, Bereavement/Compassion Leave, Flexible Health Spending Account, Employee Assistance Program, and Other Fringe Benefits. ATTORNEY shall be entitled to mileage reimbursement, cell phone stipend, holidays, bereavement/compassion leave, Flexible Health Spending Account, Employee Assistance Program, and other fringe benefits as they now exist or hereafter may be amended for Town Department Directors.
SECTION 5. TECHNOLOGY:
A. Technology. TOWN agrees to budget, within the budget amount approved by the TOWN, a technology budget to assist ATTORNEY in keeping technologically current and personal productivity high. The technology improvements will be used to pay the cost of acquisition of equipment and purchase of services related to information systems, data handling, communications and productivity and shall be budgeted for the good of the Town in accordance with approved budgeting limitations. Purchases for technology improvements shall remain the property of the TOWN.
SECTION 6. ADDITIONAL EXPENSES:
A. Dues and Subscriptions. TOWN agrees to pay the professional dues and subscriptions of ATTORNEY necessary for her continuation and full participation in such national, regional, state and local associations and organizations as are necessary and desirable for her continued professional participation, growth, and advancement and for the good of TOWN in accordance with approved budgetary limitations.
B. Professional Development. TOWN agrees that attendance at State Bar Association, Santa Clara County Bar Association, League of California Cities (Attorneys Department), the Bay Area City Attorneys Association, Santa Clara County City Attorneys Association, and other professional development activities is both beneficial and expected. TOWN hereby agrees to pay the travel, lodging, and subsistence expenses of ATTORNEY for professional and official travel, lodging, meetings, and occasions, and for short courses, institutes, and seminars necessary to continue the professional development of ATTORNEY, and to adequately pursue necessary official and other functions for TOWN, in accordance with approved budgetary limitations.
C. Executive Expenses. TOWN recognizes that certain expenses of a non-personal and job-affiliated nature are incurred by ATTORNEY and hereby agrees to reimburse such expenses upon presentation of a receipt and submission of the appropriate confining purchase requisition to the Mayor and Town Finance Department, in accordance with approved budgetary limitations and subject any policies and guidelines the Town Council may impose.
ITEM NO. 21.
SECTION 7. TERM; TERMINATION:
A. Term of Agreement. This Agreement shall commence upon execution by the parties and become effective May 16, 2022 and extend indefinitely until terminated as provided hereinafter.
B. At-Will Employment. ATTORNEY's employment with the Town is "at-will" and ATTORNEY serves at the pleasure of the Town Council. As such, a majority of the Town Council may terminate ATTORNEY's employment at any time, with or without cause pursuant to the provisions in this agreement.
C. Termination Without Cause. In the event that TOWN terminates ATTORNEY's employment for reasons other than those set forth in subsection D below, including without limitation, for no reason stated, within the term of this Agreement, or any extensions, TOWN agrees to pay ATTORNEY a cash payment equal to six (6) months of the ATTORNEY's then current salary and any benefits that are lawfully required to be continued pursuant to COBRA and other statutes. Following such six (6) month period, ATTORNEY retains the right to participate in Town health and related benefit programs, should such programs be instituted during the term of this Agreement, at ATTORNEY's own and sole expense pursuant to the terms of COBRA. ATTORNEY shall be compensated for any unused vacation leave, holidays, and other benefits then accrued consistent with Town policies. The schedule of the payment pursuant to this section shall be at the sole discretion of the ATTORNEY.
D. Termination With Cause. The TOWN may terminate ATTORNEY's employment hereunder at any time for cause. No lump sum cash payment or other severance pay shall be due ATTORNEY upon any termination for cause. For purposes of this Agreement, "cause" shall mean any of the following: (i) a gross or habitual failure to perform the functions and duties of the Town ATTORNEY or any other obligations as required by the terms of this Agreement; (ii) Any other intentional or grossly negligent action or inaction by ATTORNEY that materially and substantially:
(A) impedes or disrupts the operations of the TOWN or its organizational units; (B) is detrimental to employee or public safety; or (C) violates properly established rules or procedures of the Town causing a material and substantial adverse effect on the TOWN's interests as clearly defined and delineated by properly established Town Council action taken by the Town Council as a body, policy, regulations or ordinances of the TOWN; (iii) That ATTORNEY has been willfully and intentionally absent without leave, or has willfully and intentionally failed to report after leave of absence has expired; (iv) That ATTORNEY has willfully failed or refused to appear in obedience to lawful process or order of the Town Council or to answer questions under oath, before the TOWN Council or before a duly authorized committee of Congress of the United States or of the Legislature of the State of California, or a committee or subcommittee of said Congress or Legislature, or before any authorized court, office or tribunal, or before a Grand Jury, on any subject relating to (I) matters connected with the conduct of official business of the TOWN or of any division, department, board or commission thereof, or (2) any of the matters set forth in sections 1028 and 1028.1 of the Government Code of the State of California; or (v) That ATTORNEY has been convicted of a misdemeanor involving a crime of moral turpitude or a felony, or entry of a plea of nolo contendere with regard to a misdemeanor involving a crime of moral turpitude or a felony.
E. Voluntary Resignation. ATTORNEY may voluntarily resign her position with TOWN before expiration of the term of this Agreement by giving TOWN sixty (60) days prior written notice. No lump sum cash payment or other severance pay shall be due ATTORNEY upon any voluntary resignation.
ITEM NO. 21.
F. Termination Based on Disability or Death. ln the event ATTORNEY is permanently disabled, as determined by ATTORNEY's duly licensed physician, or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health reasons for a period of three (3) consecutive months beyond any accrued sick leave, Town may terminate this Agreement.
G. Limitation on Obligation. Notwithstanding anything to the contrary herein, TOWN shall not be obligated to pay, and shall not pay, any amounts or continue any benefits under this agreement if ATTORNEY is terminated in the event ATTORNEY is convicted of a crime involving an abuse of her office or position. Any paid leave salary offered by TOWN to ATTORNEY pending an investigation shall be fully reimbursed by ATTORNEY if ATTORNEY is convicted of a crime involving an abuse of her office or position. For the purposes of this section, ''abuse of office or position" means and is limited to the definition under Government Code section 53243.4 either of the fo1lowing: (a) an abuse of public authority including but not limited to waste, fraud, and violation of the law under color of authority; or (b) a crime against public justice, including but not limited to, a crime described in Title 7 (commencing with Section 92) of Part I of the California Penal Code.
SECTION 8. GENERAL PROVISIONS:
A. Entire Agreement. This Agreement shall constitute the full, complete and exclusive agreement between the parties hereto and shall supersede all prior and contemporaneous agreements, understandings and representations regarding the subject matter hereof, whether oral or written.
B. Indemnification. TOWN agrees to defend, hold harmless and indemnify ATTORNEY against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out an alleged act or omission occurring in the performance of ATTORNEY's duties. TOWN, at its direction, is not required to indemnify ATTORNEY for any illegal or criminal acts for which a court of competent jurisdiction has determined, without possibility of appeal, was committed by ATTORNEY.
C. Bonding Requirements. TOWN shall bear full cost of the Fidelity Bond required of ATTORNEY under any law or ordinance.
D. Assignment. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by TOWN and ATTORNEY and their respective successors, assigns, heirs and executors, except that ATTORNEY may not assign this Agreement or delegate any of her obligations hereunder and may only assign her rights hereunder with the prior written consent of TOWN.
E. Severability. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable, shall not be affected and shall remain in full force and effect.
F. Notices. Any notice required under this Agreement shall be in writing, shall be sent by personal delivery, courier or first class mail, return receipt requested, and shall be deemed effective upon receipt.
G. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflicts of laws principles.
H. Attorney's Fees. In the event of any dispute between the parties hereto relating to or arising out of this Agreement, the prevailing party shall be entitled to receive its reasonable attorneys' fees and costs, in addition to any other relief it may receive.
ITEM NO. 21.
IN WITNESS WHEREOF, the Town of Los Gatos has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested to by its Town Clerk, and the ATTORNEY has signed and executed this Agreement the day and year first above written.
ATTORNEY: TOWN OF LOS GATOS:
Gabrielle Whelan Robert Rennie, Mayor
Approved As To Form:
Robert Schultz, Interim Town Attorney
Attest:
Shelley Neis, MMC, CPMC, Town Clerk
ITEM NO. 21.
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 22
DATE: December 11, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the Proposed Modifications to Town Council Policy 2-11 “Commission Appointments, Residency, and Attendance Requirements, and Establishing a Quorum” as Recommended by the Council Policy Committee RECOMMENDATION:
Approve the proposed modifications to Town Council Policy 2-11 “Commission Appointments, Residency, and Attendance Requirements, and Establishing a Quorum” as recommended by the Council Policy Committee.
BACKGROUND:
The Town Council Commission Appointment Policy (Town Council Policy 2-11) sets forth procedures for consistent recruitment, appointment, residency, and attendance requirements for all Town Boards, Commissions, and Committees (hereafter Commissions). There have been several revisions to this Policy in the past years to ensure consistency and equity.
The Town Council Policy Committee met on August 27, 2024, September 24, 2024, and November 26, 2024, to discuss the policy and recommend revisions.
DISCUSSION:
In recent months questions have been raised about the attendance requirements for both the youth and adult commissions. The current attendance requirement does not provide equity in terms of the percentage of meetings that may be missed, nor does it provide any leniency for illness.
The current policy raises concerns regarding equity in attendance requirements. Under the current policy, a member of a body that holds 16 meetings would not be removed until they have missed eight meetings, equating to a 50% threshold.
ITEM NO. 22.
PAGE 2 OF 3
SUBJECT: Modification to the Commission Appointment Policy 2-11 DATE: November 20, 2024
In comparison, a member of a body that holds 12 meetings would face removal after missing three meetings (25% threshold), and a member of a body that holds five meetings would face removal after missing two meetings (40% threshold).
The current policy also does not provide for flexibility regarding illness. While members of a Commission can participate in meetings remotely, it should be noted that if a commissioner falls ill within 72 hours of a scheduled meeting, they are unable to participate remotely due to restrictions set forth in State Law under the Brown Act. Consequently, this has resulted in some members attending meetings despite being ill in order to avoid being absent from the meeting and removed from the commission. To address these issues, the Policy Committee considered implementing excused and unexcused absences.
The Committee also considered a time limit for commission meeting to help address potential issues with unintended absences. The policy specifies that “Any member not in attendance at a regular meeting of said Advisory Body for at least 70% of the meeting shall be considered absent.” Consequently, under this provision, if a commission meeting extends to three hours and a commissioner can only participate for two hours, the commissioner would be marked absent. To address this issue, the Committee considered implementing a maximum two-hour meeting time limit for regular meetings of Commissions, with the exception of the Planning Commission and the Historic Preservation Committee, to help clarify the expected time commitment from commissioners and promote attendance for the full meeting.
Policy Committee Input
At the August 27 meeting, the Committee requested that staff revise the Policy to incorporate excused and unexcused absences, a July summer recess for all Commissions, and a two-hour time limit for all commission meetings, with the exception of the Planning Commission and Historic Preservation Committee. The Committee also asked staff to provide a recommendation for a limit on the number of excused and unexcused absences.
At the September 24 meeting, the Committee discussed the redline revisions and supported adding excused and unexcused absences and setting the allowable limits at twenty percent for unexcused and thirty-five percent for total absences; adding a meeting recess in July for all Commissions; adding a two-hour time limit for all Commission meetings with the exception of the Planning Commission and the Historic Preservation Committee; and minor clean-up changes to address inconsistencies. The Committee requested additional changes to address any conflicts in the policy with the Finance Commission enabling ordinance.
After public testimony at the November 26 meeting, the Committee discussed the revised redline revisions, supported the proposed changes, and recommended additional changes. The Committee requested a change to item three in the Attendance Requirement section state “…at least 70 percent of the meeting duration.” The Committee also requested a change to item two
ITEM NO. 22.
PAGE 3 OF 3
SUBJECT: Modification to the Commission Appointment Policy 2-11 DATE: November 20, 2024
in the Attendance Requirement section to add language to indicate that special meetings to address urgent Town business would be allowed. The Committee also requested the addition a sentence to the Conflict of Interest section to incorporate language indicating that all Commissioners should avoid the appearance of a conflict of interest.
The proposed edits to the Policy are shown in the redline policy (Attachment 1) for Council consideration.
CONCLUSION:
The Council Policy Committee recommends the Council approve the proposed modifications to the Commission Appointment Policy 2-11 as proposed in Attachment 1.
COORDINATION:
The preparation of this report was coordinated with the Town Attorney and the Town Manager’s Office.
FISCAL IMPACT:
This item has no fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Redline Commission Appointment Policy 2-11
ITEM NO. 22.
ATTACHMENT 1
COUNCIL POLICY MANUAL
TITLE: Residency and Attendance Requirements, and
Establishing a Quorum
POLICY NUMBER: 2-11
EFFECTIVE DATE: 2/28/1990 PAGES: 7
ENABLING ACTIONS: REVISED DATES: 6/13/1994; 6/16/2014;
4/7/2015; 10/18/2016; 2/21/2017;
2/6/2018; 3/19/19; 9/3/2019; 6/1/2021;
12/7/21, 3/15/22, 8/2/22; 9/20/22;
10/03/23; 11/21/23; 3/5/2024
APPROVED:
PURPOSE
To establish a policy to encourage participation by the Town’s residents on Town Boards, Commissions and Committees (hereinafter referred to as "Commissions"). The Town of Los Gatos is committed to inclusivity. We value all our community members, regardless of religion, immigration status, ethnicity, race, disability, gender, sexual orientation, or gender identity. The Town will encourage residents to participate on Commissions by advertising vacancies on Commissions for at least 30 days, preparing easily understood applications, maintaining clear descriptions of the role of each Board, Commission, and Committee and its respective members, providing current meeting schedules, and conducting public interviews of all Commission applicants, except as provided by this Policy.
SCOPE
This Policy applies to all applicants to Town Boards, Commissions and Committees.
POLICY
The Town Council encourages public participation in all decision-making and to be successful residents must be assured both that the participation is meaningful and that their input will be valued. The widest representation from the community can only be achieved if vacancies are well advertised so that anyone interested will have the opportunity to apply.
Interviews of the applicants conducted in public by the Town Council demonstrates that it values these appointments and that all have an equal opportunity to be appointed.
Applicants may apply to more than one Commission, and shall rank their choices in their preferred order, during each recruitment cycle.
Small Town Service Community Stewardship Future Focus
ITEM NO. 22.
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
2 of 8
POLICY NUMBER:
2-11
To ensure the greatest possible participation by the public, it is the Town's policy that no person shall be appointed to more than one Commission except in those cases where they are ex-officio members of other Boards, Commissions and Committees. This Policy does not apply to or Commission members (hereinafter referred to as "Commissioners") serving as representatives of their Commission who have been appointed by the Town Council.
RESIDENCY REQUIREMENTS
Residency within the incorporated municipal limits of the Town of Los Gatos, California is required for appointment and continued membership on all Town of Los Gatos Boards, Commissions, and Committees, with the exception of the Youth Commission and the Diversity, Equity, and Inclusion Commission.
Youth Commission:
The members shall be students who are entering grades 8 through 12 in the fall.
Membership for the students requires either residency in the incorporated limits of the Town of Los Gatos or residency in the unincorporated areas of the County of Santa Clara, which have a Los Gatos mailing address.
Diversity, Equity, and Inclusion Commission:
Membership composition shall be as outlined in the Commission’s enabling resolution and includes a Los Gatos business owner/employee, faith leader who leads a congregation in Los Gatos, and Los Gatos non-profit employee who may or may not reside in Los Gatos.
ATTENDANCE REQUIREMENTS
1. All members of all appointive Town Advisory BodiesCommissions should attend all regular and special meetings of said Advisory BodiesCommissions.
2. Consistent with the Town Council’s summer recess, Commissions will not schedule a regular meeting in the month of July to allow time for vacations. Nothing in this policy will prohibit staff from scheduling a special meeting to address urgent Town business.
2.3. Any member not in attendance at a regular meeting of said Advisory BodyCommissions for at least 70% of the duration of the meeting shall be considered absent. To allow Commissioners to plan ahead to meet the 70% requirement, there will be a two-hour time limit for a regular Commission meeting with the exception of the Planning Commission and the Historic Preservation Committee and meetings containing discussion regarding the Town’s annual budget.
3. Any member of an appointive Town Advisory Body who is absent from the number of regular meetings listed below appropriate to his or her Advisory Body shall, as a result, surrender his or her office on the Advisory Body and the office shall be considered vacant.
a. For an Advisory Body which holds six (6) or more regular meetings per a consecutive twelve (12) month period: three (3) regular meetings.
ITEM NO. 22.
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
3 of 8
POLICY NUMBER:
2-11
b. For an Advisory Body which holds five (5) or fewer regular meetings per a consecutive twelve (12) month period: two (2) regular meetings. c. For an Advisory Body which holds sixteen (16) or more regular meetings per a consecutive twelve (12) month period: eight (8) regular meetings.
4. Consistent with the Family Medical Leave Act and the California Family Rights Act, absences of up to 12 weeks due to parental leave constitute excused absences.
4. A Commissioner shall be deemed to have automatically surrendered their office if they have either:
a. Three consecutive unexcused absences from the regular meetings of the Commission; or
b. Unexcused absences totaling more than twenty percent* of the total number of scheduled regular meetings in any calendar year;* or c. Absences, whether excused or unexcused, totaling more than thirty-five percent* of the total number of scheduled regular meetings in that calendar year.**
5. Excused absences shall be limited to those which meet both of the following requirements:
a. The absent Commissioner must have informed the chair and the staff liaison to the Commission, of their intended absence prior to the scheduled meeting. (Failure to inform the chair and the staff liaison prior to the meeting shall result in an unexcused absence unless an unusual circumstance prevents advance notice.); and b. The following shall be considered an excused absence:
i. An absence due to illness of the Commissioner; or
ii. An absence due to a medical emergency of the Commissioner or the Commissioner’s immediate family (spouse, domestic partner, parent, child, sibling, or dependent); or
iii. An absence due to the Commissioner’s need to provide direct caregiving related to the illness of the Commissioner’s immediate family (spouse, domestic partner, parent, child, sibling, or dependent); or iv. An absence due to the death of a Commissioner's immediate family (spouse, domestic partner, parent, child, sibling, or dependent); or v. An absence because a Commissioner is away on authorized commission business; or
vi. An absence due to required military service; or
vii. An absence related to Federal and State Family Leave.
5.6. For all Commissions other than the Finance Commission, The vacant positions shall be filled by appointment by a majority vote of the Town Council, for a term equal to the unexpired portion of the office vacated. Any member removed from office due to non-attendance may re-apply to serve on a Town Advisory BodyCommission but will not be treated as an incumbent in any subsequent application to the same Advisory BodyCommission.
ITEM NO. 22.
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
4 of 8
POLICY NUMBER:
2-11
6. If a Youth Commissioner liaison misses three meetings of a liaison Commission during a consecutive twelve (12) month period*, the Youth Commission shall appoint a different Youth Commissioner as liaison.
* Percentages will be rounded to the nearest whole number using standard rounding rules (less than .5 will round down and .5 or more will round up) and if the Commissioner was appointed to fill a vacancy, more than twenty percent of the total number of remaining scheduled regular meetings in that calendar year.
** Consecutive twelve (12) month period is defined as any consecutive twelve-month period beginning with the first absence. A calendar year is defined as January 1 through December 31. Any absence that causes the cancellation of a regular meeting due to lack of a quorum shall be counted as an absence for the Commissioner. A regular meeting shall not be cancelled and replaced with a special meeting in order to alleviate an absence by an advisory body memberCommissioner.
QUORUM REQUIREMENTS
The number of members needed to constitute a quorum on any Town Advisory BodyCommission shall be a majority of the total number of filled seatsCommission.
PROCEDURES
The following procedures will be followed by the applicant, the Town Clerk, and the Town Council for the appointment of applicants to Town Commissions:
Responsibility and Actions: Town Clerk
A. Annual Recruitments
Adult Commission memberCommissioners' terms begin on January 1st and end on December 31st, Youth Commissioners’ terms follow the academic year and begin on August September 1
st and end on June May 310th
. The Town Clerk shall perform the following duties
in conducting an annual recruitment for Commission memberCommissioners:
1. Notify Town Council of vacancies on Commissions by indicating the names of the Commissions, the number of terms expiring or being vacated, names of individual(s) with expiring terms or vacating seats, advertising periods (at least 30 days) and the date of interview.
2. Advertise the vacancies, including the application deadline and the interview date.
Interviews and appointments for Adult Commissioners shall occur after annual Mayor and Vice Mayor selection, and in the case of election years, after new Council Members have been seated. Interviews and appointments for Youth Commissioners shall occur by the fourth Wednesday in May, no earlier than 4:00 p.m.
ITEM NO. 22.
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
5 of 8
POLICY NUMBER:
2-11
3. Prepare and maintain easily understood applications for appointment to Commissions.
Applications shall include the following policy information:
a. Prior to initial appointment to any Commission, non-incumbent applicants must be interviewed by the Town Council, with the exception of the Finance Commission which will be interviewed by the appointing Council Member. The applications of those not appearing interviewed will be held for the next recruitment.
b. If an incumbent Commissioner is requesting reappointment to the same Commission and is not available to be interviewed, the incumbent may submit a request to be interviewed by telephone, with their application, instead of attending the interview or must submit a letter prior to the interviews, describing the reason why the applicant cannot be present telephonically via teleconference or in person for the interview, and why the applicant should be reappointed to the Commission.
c. Submissions deadlines are mandatory; no exceptions are permitted.
4. Applications:
a. For adult applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council prior to the interviews for appointment.
b. For student applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council Selection Committee, consisting of the Mayor, Vice Mayor, Police Chief, and Youth Commission Chair (if not reapplying), prior to the interviews for appointment.
5. Notify the applicant by letter or email as to the date and time of the interview and provide the option for an in person or teleconference interview.
6. Facilitate the Council voting process set forth below by informing the Council as to how many votes are possible on each Commission, calling out applicants' names, and identifying the applicants receiving sufficient votes for appointment. This voting process does not apply to student Youth Commission or Finance Commission applicants.
7. Applicants:
a. For adult applicants — After the interviews and the Council votes are completed, notify all applicants of the Council's action, and explain the Town’s policy of keeping applications active for one year with notification of subsequent openings on that Commission to the interested applicants. b. For student Youth Commission applicants — After the interviews are completed, notify all applicants of the Council Committee's action, and prepare a staff report for the Town Council to ratify the Committee's appointment at the first Town Council meeting in June.
Interview Process
To ensure the interview process is consistent, fair, and equitable, each applicant shall be asked the same standard questions, as provided below. Notwithstanding, no Council Member shall be prevented from asking appropriate questions of applicants.
ITEM NO. 22.
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
6 of 8
POLICY NUMBER:
2-11
1. If appointed, what ideas would you like to see the Commission explore?
2. Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission.
3. Please elaborate on any written response provided in the application to assist the Council learn more about you.
4. If you did not answer any of the questions on the application, please explain why.
The standard questions are limited in number to allow an applicant sufficient time to respond.
While the intent is for each Council Member to be able to ask one question of each applicant, the Council may decide not to ask all of the provided questions, change the order of the questions, or rotate which Council member asks a specific question. Applicants will be given a two-minute time limit to answer each question.
Balloting Process
Unless determined otherwise, the Council shall conduct a ballot vote for the appointment of individuals to fill the vacancies for each Commission with the exception of the Finance Commission. Such ballot vote may be conducted at either a regular, adjourned, or special meeting of the Town Council. The ballot vote process shall be conducted as follows:
1. The Town Clerk shall provide a ballot to each Town Council member listing the names of all applicants and “None of the above” for each respective Commission. Prior to the vote, the Town Clerk shall publicly announce the position vacancy and all applicant names that are listed on the ballot.
2. Each Council member may vote for the same number of applicants as there are current vacancies on the respective Commission. In no case, can a Council Member cast more votes than there are vacancies; or vote for the same candidate more than once on each ballot (i.e. cumulative voting -- e.g. where there are three vacancies, a Council member may not give all three votes to the same candidate). A Council Member is not required to vote for any of the candidates or for the total number of vacancies available.
3. The Town Clerk shall collect all ballots and shall publicly announce the name of each Town Council member and how that Council member cast his or her vote. In the case of a tie vote, the Town Clerk will announce that there is a tie and that a run-off vote shall be conducted but will not announce the names of the applicants in the run-off. Once all voting is concluded and a decision made, the votes will be made public. The run-off ballot will also include a “None of the above” option.
4. Applicants receiving a majority number of votes shall be deemed appointed to the Commission. In the event of a tie, a run-off vote shall be conducted among the applicants receiving the highest number of votes from the previous round. This shall continue until a majority consensus on an applicant(s) is reached for the number of vacancies to be filled. In the event of an unbreakable tie, the Council may determine an alternative method for selecting the appointee(s) or direct the Town Clerk to re-advertise the vacancy.
ITEM NO. 22.
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
7 of 8
POLICY NUMBER:
2-11
5. If an applicant(s) is appointed to an Advisory BodyCommission which that has vacancies for both full and partial, unexpired terms, the length of the appointee’s term will be determined by the Mayor.
B. Mid-Term Recruitments
During the year, Commissions may experience vacancies that drop the number of filled seats to a number of members that is not sufficient to conduct Commission business. The Commission may request the Council to conduct a mid-term recruitment to fill seats. To the extent possible, the Town Clerk will consolidate mid-term recruitments to minimize the number of recruitments occurring throughout the year. In the event of a vacancy on the Planning Commission, the Town will automatically conduct a mid-term recruitment. Midterm recruitments will not be conducted for Youth Commissioners. The Town Clerk shall advertise mid-term vacancies on Commissions for at least 15 days.
Responsibility and Action: Applicant
1. Read the Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum Policy, complete and submit to the Town Clerk the application for appointment to a Town Commission by the advertised deadline date and time.
2. For adult applicants: Attend the Council meeting to be interviewed for the Commission appointment. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the Friday three business days before the scheduled interview date whether they will not attend in person or via teleconference.
3. For student applicants: Attend the Council Selection Committee interview session. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the three business daysFriday before the scheduled interview date whether they will not attend in person or via teleconference.
4. If an incumbent Commission memberCommissioner is requesting reappointment to the same Commission and is not available on the date of the interview, the incumbent must submit a letter by 4:00 p.m. the three business daysFriday prior to the interviews, describing the reason why the applicant cannot be present via teleconference telephonically or in person for the interview, and why the applicant should be reappointed to the Commission.
5. If appointed, prior to starting the Commission term, appointees are required to attend a Commissioner Orientation and take the "Oath of Office."
6. Attend Advisory BodyCommission meetings once term begins.
7. Read the Commissioners’ Handbook available online. Hard copies of the Handbook are to be returned to the Town Clerk when the term is complete.
Responsibility and Action: Town Council
1. Review applications.
ITEM NO. 22.
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
8 of 8
POLICY NUMBER:
2-11
2. For adult applicants – Interview applicants individually by Commission at a public meeting with all applicants present.
For student applicants – Town Council Selection Committee interviews applicants.
3. Determine if the incumbents not in attendance and having submitted a letter pursuant to this Policy should be considered for reappointment.
4. If there are limited applications for any vacancy to a Commission, the Mayor, on behalf of the Council, may request that the Town Clerk re-advertise the vacancy, reschedule the interviews, and notify all applicants of the new interview date.
COMPLIANCE - GROUNDS FOR DISMISSALREAPPOINTMENT GUIDELINES A member An individual who has been may be removed from athe Advisory BodyCommission prior to the end of his or her term by a three-fifths (3/5) vote of the Town Council andfor the following reasons, may not be reappointed for the following reasons:
1. Failure to attend Advisory Body meetings.
2.1. Failure to file the following documents required by the Fair Political Practices Commission (Adult Commissioners):
a. Form 700 – Assuming Office, Annual, and Leaving Office when term is complete. b. Planning Commissioners are also required to complete AB 1234 Ethics Training and file the original certificate with the Town Clerk every two years.
3.2. Failure to comply with all Town Policies, Guidelines, and Handbooks.
CONFLICT OF INTEREST
Under the Fair Political Practice Act, an advisory board memberCommissioner has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests. In such cases, there is a risk of biased decision-making that could sacrifice the public’s interest in favor of the official’s private financial interests. To avoid actual bias or the appearance of possible improprieties, the public official is prohibited from participating in the decision. While all Commissioners must comply with the Fair Political Practice Act regulations, they should avoid the appearance of a conflict of interest.
The Fair Political Practice Act does not prohibit an advisory board memberCommissioner from participating in a decision simply by virtue of holding a position as a board member, director, officer, or employment with a nonprofit corporation. However, the Town strongly encourages that in the event that a decision concerns a nonprofit corporation for which a n advisory board member Commissioner is a board member, director, officer, or employed with that nonprofit corporation, the person should recuse him or herself and at a minimum shall disclose the potential conflict of interest before any discussion and decision.
APPROVED AS TO FORM:
________
Gabrielle Whelan, Town Attorney
ITEM NO. 22.