Los Gatos City Council
December 16, 2025

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS

STAFF TECHNICAL REVIEW

PLANNING DIVISION
September 17, 2025
ITEM 4: 14288 Capri Drive
Architecture and Site Application S-24-044
Requesting Approval for Demolition of an Existing Commercial Building, Construction of a Multi-Family Residential Development (119 Apartment Units), Site Work Requiring a Grading Permit, and Removal of Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned C-1. APN 406-30-016. CEQA Review is Pending.

PROPERTY OWNER: Los Gatos LLC.

APPLICANT: Kurt B. Anderson.

PROJECT PLANNER: Ryan Safty
LAST REVIEWED BY STAFF: 9/18/24, 1/8/25, 4/23/25, 8/14/25 SUBMITTAL DATE: 8/23/24
DETERMINATION: This planning application resubmitted to the Town on August 22, 2025, is deemed COMPLETE effective September 17, 2025. In conformance with Section 65589.5(j)(2), this letter provides written documentation identifying the applicable plans, programs, policies, ordinances, standards, requirements, and similar provisions that the project is inconsistent with, and the reasons the project is inconsistent.

The Town is currently seeking a judicial determination regarding the correct interpretation of Government Code Section 65941.1(e). Under the Town’s interpretation, the vesting provided by your preliminary application has expired prior to this completeness determination.

However, if requested by you, the Town will continue to process this planning application, at your own risk, under the vesting provided by your preliminary application, pending a judicial determination regarding the effect of Government Code Section 65941.1(e) upon any vesting provided by your preliminary application.

The following comments apply to the most recent submittal. Resubmittal of plans and application materials to address inconsistencies noted herein is required. Comments that have been resolved are shown in strikeout, additional notes are provided in green for those that remain outstanding.

When resubmitting, please continue to provide the Town with two printed, full-sized plan sets (24” by 36”).

ATTACHMENT B

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
ENVIRONMENTAL: CEQA review is pending.

SUBMITTAL NOTE: The July 2025 resubmittal documents erroneously refer to the “New Residential Submittal Requirements” as the appropriate application package and submittal requirements to follow. This is not the application package for a discretionary planning application. Instead, this is a Building Permit Application submittal guide. If you click on the link to the (incorrect) application package which your letters refer to, “New Residential Submittal Requirements”, you will see the following:
https://www.losgatosca.gov/DocumentCenter/View/23918/New-Residential-SubmittalRequirements-and-Application-PDF?bidId= The correct application package, which is what your team signed and submitted when applying for this application, can be found via the link below.
https://www.losgatosca.gov/DocumentCenter/View/361/Development-Review-ApplicationPackage-PDF?bidId= PROJECT DEFICIENCIES RELATED TO APPLICATION COMPLETENESS: NONE

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
CONSISTENCY ISSUES: While conducting the completeness review of your planning application, staff had previously identified consistency issues that were observed and had provided them as “courtesy consistency comments” while the application was incomplete.

The following list constitutes the Consistency Review for Planning, in conformance with Section 65589.5(j)(2). Items underlined are new (consistency) comments based on new information provided as part of the July and August 2025 resubmittal to the Town. Although a resubmittal occurred in August 2025, only the outstanding completeness items were addressed and no response letters were received, so these consistency comments from August 14, 2025, remain outstanding.

PROJECT CONSISTENCY RELATED ITEMS: LETTERS
1) Multi-Family Residential is not a principally permitted use (or an allowed conditional use) in the C-1 zone. The C-1 zone allows “multiple-family dwelling (in a mixed-use project)” with a conditional use permit. You must apply for a Conditional Use Permit, and request that the “mixed-use” component of the be removed as a part of the application. • Contact project planner when you are ready to pay the CUP fee, and staff will invoice.

Please also confirm if you will be paying by check or credit card. • Previous deficiency comment moved to consistency.
• This remains outstanding. The fee is now $3,524.26 based on the Town’s new fee schedule. See the Town’s letters from March 3, 2025, and May 27, 2025, addressing this comment and applicant responses in detail. The application materials continue to make the same argument, without responding to the Town’s responses. • The response letter submitted on July 18, 2025, as well as the letter from the Law Office of Richard Jacobs dated May 16, 2025, state that this requirement is not in the “New Residential Submittal Requirements.” As noted in the staff’s response to the May 16, 2025, letter, the “New Residential Submittal Requirements” is not the Town’s submittal checklist for a discretionary planning application. The “New Residential Submittal Requirements” is a checklist for Building Permit submittals. 2) Provide photographs of the existing development on-site. The photographs on the plans just show street views (Google) and do not include the interior of the lot and existing structures and sheds.
3) CEQA: Clarify whether the applicant team anticipates providing any technical studies related to environmental analysis (traffic, habitat, cultural, air quality, noise, soils etc.) for peer review by the Town Environmental Consultants. If not provided, the studies determined to be required by the Environmental Consultant will be prepared by the Town Environmental Consultants at the cost of the applicant.
• You previously indicated via email that your team will prepare an Arborist Report and Traffic Study. Please confirm. Additionally, an email was forwarded to your team on

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
9/13/24, requesting some additional information in the Phase I ESA and the Noise Report. Please provide a response.
• The response letter uploaded in July 2025 states that, “under the new laws passed, CEQA no longer applies to this project.” Please specify which CEQA exemption you believe applies to this project, and provide substantial evidence that the project meets each requirement of the exemption. Staff will then review to determine eligibility. 4) CEQA: Staff is coordinating with Town Environmental Consultants to determine what environmental analysis will be required for the project. Environmental analysis is required at cost to the applicant. Staff will require payment of a deposit at a future date. • The response letter uploaded in July 2025 states that, “under the new laws passed, CEQA no longer applies to this project.” Please see response to #9 above. 5) Review by the Town’s Consulting Arborist is required to provide a peer review of the arborist report submitted by the applicant. A deposit payment of $2,750 is required. • This continues to remain outstanding.
6) Review by the Town’s Consulting Architect requires payment of a $8,250 deposit. • This continues to remain outstanding.
7) Please reach out to all necessary outside agencies and neighboring properties regarding this project (Caltrans, VTA, FAA for the helipad, etc.).
• [email protected]
• This remains outstanding. The July 2025 response letter says that VTA communication has already been provided. Staff has not been provided with this information. Staff reached out to VTA, who provided comments on 5/29/25, which were forwarded to your team. Provide a response letter to VTA’s comments, explaining what has been addressed.
8) Below Market Price Units: The floor plans and the “Project Description/Letter of Justification” need to specify which units are Below Market Price (BMP) and specify how compliance with the Town’s BMP requirements are met. Detailed floor plans for each unit must be provided. The letter should respond to each of the four characteristics listed in Section III below, and the plans should contain enough information so that staff can determine that the size of units are compatible with the market rate, that the location of BMP units are dispersed throughout the proposal, that the exterior appearance be indiscernible from the market rate units, and that all project facilities and amenities be available to the BMP units. Pursuant to the Town’s Below Market Price Housing Program, Section III (Characteristics of BMP Units):

A. Size of units: BMP dwelling units should to the extent possible, be consistent with the market rate units in the project. The Town and developer may negotiate regarding the size of units if more units than required are to be provided. BMP units should be provided proportionately in the same unit type mix (number of bedrooms) as the market rate units. In consideration of the household size of the households on the current program interest list, the Town and developer may negotiate to provide a greater proportion of a particular unit type. There should to the extent possible, not be a significant identifiable difference between the BMP

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
and market-rate units visible from the exterior. The size and design of the BMP units should to the extent possible, be consistent with the market-rate units in the development. The goal of the BMP Program is for a seamless integration of the BMP units with the market-rate units in a development.

B. Location of units: BMP units shall be dispersed throughout the development, to the extent feasible, in all buildings, on each floor, and in each project phase. A concentration of BMP units in one location is not desirable and will generally not be allowed.

C. Finish of units: The external appearance of BMP units should be indiscernible to that of the market rate units in the project. The internal finish of BMP units should be identical to that of the market rate units in the project, except that the developer may request Town approval of substitutions for luxury interior finishes, appliances, or fixtures, if such substitutions do not violate any Town code requirement.

D. Project Facilities: All project facilities and amenities, including parking, must be available on the same basis to the BMP units as to the market rate units in the project, to the extent feasible, unless the deciding body approves a reduction in parking for the BMP units.
• This remains outstanding. The Project Description/Letter of Justification does not mention the Town’s BMP program. If the Town’s BMP program would not be complied with regarding BMP unit size or other standards, please provide the justification for this deviation.
9) Contact the garbage and recycling service provider to ensure the trash rooms and trash pickup (once shown on the plans) are adequately sized for the proposed uses and that they have adequate access for pick up. Provide correspondence from provider. 10) Project Description/Letter of Justification: (Updated 7/17/25) - Staff is requesting that this information be included in the revised “Project Description/Letter of Justification”. • See comment above regarding BMP information included in the letter. The letter needs to also specify the exact number of proposed BMP units (not a percentage). • This continues to remain outstanding (BMP information). The July 2025 response letter says that this was included in the plans. However, staff is asking for a written statement in the Project Description/Letter of Justification. If the Town’s BMP program would not be complied with regarding BMP unit size or other standards, please provide the justification for this deviation.
• The Existing Property Description states that the property is located at the southwest corner of Winchester and Highway 85. This is not accurate. The property is north of the intersection.
• The Existing Property Description states that the project is surrounded on three sides by streets and parking. This is not accurate. It is surrounded on two sides by streets, and the third side is an existing residence.
• The letter states that, “the exterior façade incorporates stone and [….],” yet stone is not shown in the plans.
• Clarify if the rooftop uses are exclusively for the residents, or if they are also available to

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
the public and provide a summary of the roof top uses.
• Provide details on how the mechanical parking spaces will work. i. Are the spaces going to be used exclusively for residents? Will someone need to be on-site to maintain them? How do you ensure someone’s car is not blocking you in? Are some of the spaces reserved for the leasing office? • Provide justification for the helipad, which is a prohibited use per Town Code Section

29.10.045.
• If no commercial or public uses are proposed, this multi-family residential use is not allowed in the C-1 zone (whether principally permitted or a conditional use). Provide justification.
• Update the “Compliance with the Objective Design Standards” based on staff’s markups.

It is not accurate.
• The letter states that each residential level has the same number of units and unit types.

That is not accurate. Level 12 is different from the others. • This continues to remain outstanding. The July 2025 response letter says that this was updated to state that levels 5 through 11 have 15 units and that level 12 has 14 units. The letter continues to say the following: “There are eight stacked residential levels which are comprised of five studios, 7 one-bedroom units, 2 two-bedroom units and 1 three-bedroom unit per level,” but doesn’t explain the configuration of level 12.
• The letter says that all units have exterior balconies that exceed the Town’s requirements. That is not accurate. The juliet balconies are much smaller than the required 60 square feet per unit.
• The plans and response letter refer to guest parking, reserved unit parking, and office parking. Please provide a statement within the letter to how this will work. Do the larger units get additional spaces, or are not all of the resident spaces “reserved”? • This remains outstanding. The question will come up at public hearings (as with other projects). 181 stalls are proposed for the 119 residential units. Does your team know how these will be distributed? If so, please specify in your letter. • Specify which Town Requirements are not being complied with for this project. • The July 2025 letter now includes a list of (some) of the items that are not being complied with, but only the ones from the Objective Design Standards checklist.

Note: Town Code and the General Plan also include objective standards. Please include all of the exceptions; such as: max lot coverage (General Plan and Town Code), max building height (General Plan and Town Code), max density (General Plan), max FAR (Town Code), max height (Town Code), setbacks (Town Code), culde-sac radius (Town Code), parking garage minimum turn radius (Town Code), allowed uses (Town Code), etc. Ensure that all items listed as not compliant (marked “no”) in the Objective Design Standards checklist are included here. • Provide basic project information (lot size, building size, existing building size to be demolished, proposed use, height, etc.).

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
• The letter should speak to how the project complies with the 2020 General Plan Land Use and Community Design elements.
• This comment remains outstanding. We understand your team’s position that General Plan conformance is not required. However, staff is asking that this information be included in the Letter of Justification. • The letter should speak to the required conditional use permit findings per the Town’s application package.
• The letter should speak to the structural condition of the (previously) residential structure per the Town’s application package.
• The letter now erroneously refers to the “New Residential Submittal Requirements” as the appropriate application package and submittal requirements to follow. This is not the application package for a discretionary planning application. Instead, this is a Building Permit Application submittal guide. If you click on the link included in your letter, you will see that this is referring to Building Permit submittals. • Some of the plans now show a turning radius along the cul-de-sac that is below the Town requirement 32 feet. If this is proposed, justification is needed here to ensure that adequate space is provided for cars and emergency vehicles. See comment from Santa Clara County Fire on this item.
• The revised letter now states that CEQA is not required. Please see earlier responses to #9 and #10 above.
• The revised Proposed Development Description section refers to a new landing pad, which has been removed from the proposal based on the latest plans. Remove mention to the landing pad from the Proposed Development Description. • The Compliance with the Objective Design Standards Section states that the application is meeting VTA’s short-term parking recommendation. Specify what VTA’s recommendation is. Per the cover sheet of the plans, VTA’s recommendation is 1 space for every 20 stalls for GUEST bike parking. What do they recommend for the tenants? • The Compliance with the Objective Design Standards Section states that the “items that do not comply are addressed below.” The second item listed (long-term bike parking) states: “we are in compliance.” As noted in the Objective Design Standards Checklist, the required number of bike spaces is complied with, but the location is not. Update accordingly.
• Justification for Item A.3.4 is not applicable. The justification is related to the number of spaces required (which should be A.3.2). A.3.4 refers to dimensions of bike rooms, which also needs separate justification as the height is not complied with in Diagram 8. 11) Objective Design Standard Checklist: The Objective Design Standard Checklist is incomplete and was filled out incorrectly. Please see attached for staff’s comments. When resubmitting, please follow the format provided in staff’s comments. The Excel document can be provided to you upon request, and there is a column for the applicant’s response. Additionally, when

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
noting the sheet that the objective standard is located on, ensure that the level of specificity is also detailed on the sheet for staff to verify the project’s compliance. Describe how each Objective Design Standard is being achieved. Provide exhibits, details, and dimensions in planning set as necessary to illustrate and quantify how each applicable standard is achieved.
• This remains outstanding. A large portion of the previous comments were successfully addressed, but staff still needs additional details (see attached updated ODS Checklist).

When responding “no” to any of the items, please provide brief justification within the “applicant response” section. Alternatively, a separate letter of exceptions can be submitted which provides this justification.
12) Provide response letters to the Town’ review letters. No responses provided this last round.

PROJECT CONSISTENCY RELATED ITEMS: PROJECT PLANS
Cover Sheet:
13) Project Details:
• Dedication appears to be required. Specify existing and proposed lot size (before and after dedication).
• Specify the existing building size and use.
• Specify the size of the office/leasing area.
• Specify existing and proposed lot coverage.
• Specify existing and Correct the proposed floor area ratio. • Specify number of BMP units and what affordability level they are. 14) Project Summary:
• Specify the size and height of the existing structures to be removed. 15) Gross Building Floor Area per Floor:
• Provide a separate column which shows the countable floor area of each floor (removing the balconies and decks).
16) Parking Table:
• Specify if any of the spaces are reserved. Does each unit get reserved spaces? Are there any spaces for the leasing office and employees?
17) Bicycle Parking:
• Use the same terminology that the Town uses (“Short-Term vs “Long-Term”), differentiating the types and number of spaces provided. 18) Open Space:
• Use the same terminology as the Town (“Landscape area”, “Private Recreation Space”, “Community Recreation Space”).
• Specify the proposed amount of each area, and highlight each area on the plans. The “provided private open space” section is blank.
19) Project Summary:

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
• The total height of the building is 163’-4” per Sheet A7.0, not 154’. The plans need to consistently show this maximum height.
20) Add the dedicated office parking spaces to the Vehicle Parking Requirement & Provided section so that the numbers match (158 vs 160 spaces).
21) The Unit Data table contains a “total” column that is unclear. Specify what “total” this is showing. If it is floor area, the math is wrong. This table is on several sheets. 22) The required parking shown is wrong (Town Code requires 300 spaces). • This continues to remain outstanding. The plans say “required parking”, implying that the Town’s standard parking requirement is not 300 spaces. Please also add a line for “Town’s required parking”. If the intent here is to use a different parking requirement (i.e. per State Density Bonus Law), please clarify. As of now, the statement appears to be saying that the Town Code requirement is 145 spaces, which is not accurate. • The response letter claims that Town Code does not require 300 spaces. See Town Code parking breakdown below:
i. 1.5 parking spaces per unit = 179 spaces
ii. 1 visitor parking space per unit = 119 spaces
iii. Office parking is 1 space/235 sf = 2 spaces
iv. Total = 300 spaces
23) Enclosed bike parking within the parking garage is “long term”, not “short-term”. Update the provided bike parking totals accordingly.
24) The Gross Building Floor Area Per Floor table shows levels 6-12 being 19,674 sf. The floor plans show 19,643 sf. Update accordingly.
25) Please update all renderings to show trees at time of planting, or add a note stating how long it will take the trees to get to this size. It seems unlikely that the palm trees on Capri Drive will be 30+ feet tall at time of planting.
26) The existing building height that was added this last round does not match the existing height shown on the survey sheet.
27) The proposed floor area ratio that was added this last round is incorrect. It should be roughly 10.5 (244,951/23,225).
28) The proposed parking counts table do not match the numbers shown throughout the floorplans. Please ensure consistency throughout plan sheets. • This remains outstanding. The table shows 187 spaces, yet the Project Details to the left show 188 stalls. It appears the error stems from the Parking Stalls Provided table, as level 1 is shown with a total of 102 spaces, yet DG0.1 shows 102 spaces here. 29) The proposed setbacks that were added are incorrect. The proposed side yards per Sheet A2.0 are roughly 16’ and 1’. The cover sheet shows 0’.
30) The required setbacks that were added are incorrect. The required front setback along Capri is 175’ (see Town Code for additional height requirements when a building is across the street from a residential zone and over 20 feet in height). The rear setback along Winchester is 15’ (see Town Code definition of “through lot”). The required side setbacks are 0’.

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
• This remains outstanding. The response letter says that this is a Builder’s Remedy project and that setbacks don’t have to be met. That said, your plans list “required setbacks” which are not consistent with the Town’s requirements. Revise accordingly. 31) The Total Grand Floor Area (275,197) does not match the Gross SF Grand Total (274,980 sf) in the table below.
• This remains outstanding as these totals are still not consistent in the plans. The updates now show total countable floor area as both 244,951 sf and 242,612 sf, and show the total gross sf as both 274,536 sf and 272,808 sf. The plans need to be consistent. • Note that in the Floor Area Table, the basement should not be included in the “countable sf”.
32) Please add the Town’s required bike parking to the Bicycle Parking Table that was added. • This remains outstanding. The table currently doesn’t make sense. The table shows the Town’s requirement (1 per unit) and then shows the VTA’s recommended guest bike parking (1 per 20 units) for a “total required” of 125, when the Town requires 119. It would be helpful if you could use the Town’s standard language “short-term” vs “longterm”. Is VTA’s guest parking requirement supposed to supplement the Town standard for short-term bike parking?
• Additionally, the “long-term (residence)” bike parking shows 126 at levels 1 though 4, while the counts on DG0.1 and DG0.2 add up to 138.
33) Project Summary: ensure the existing (14’ vs 16’) and proposed (167’ vs 171’) building heights listed in this table are consistent with the heights shown in the plans. 34) The landscape area table does not match what is shown in the landscape plans. 35) Update the submittal dates on the title sheet to reflect this August 22, 2025, submittal.

Old Sheet C1.0 (New Sheet C2.0):
36) Label existing setbacks.
37) The survey shows an existing 4,292 sf building to be removed. Based on Google Maps, County Assessor’s office, and site pictures, the existing building is closer to 2,100 sf and there are several sheds at the rear of the site. Update the survey accordingly. 38) The existing tree table is missing information (see submittal item comments above). • This continues to remain outstanding. See comments above regarding height. 39) Provide a legend for the symbols and abbreviations used. 40) All trees with canopies within 30’ of construction shall be included in the tree inventory and on this sheet. The neighbor trees at 14274 Capri Drive are missing. Also label the (what appears to be) shrubs along Winchester Boulevard.
41) The arborist report, once updated per comment above, needs to provide protection recommendation for the missing trees.
42) Ensure driplines are included for all trees identified. For example, trees 9 and 10 don’t have driplines/canopies shown, and there are some canopies shown that aren’t numbered. 43) Who owns Tree 31? (town or neighbor?)
44) Specify which of the trees are considered fruit-bearing. Now that canopy spread and tree height was provided, staff calculated the tree replacement requirement as being (108) 24”

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
box trees or (54) 36” box trees. As proposed, only (23) 36” box trees are proposed, which would be short of the requirement by (31) 36” box trees or (62) 24” box trees. This would require an in-lieu payment of $15,500 per Town Code. However, several of these trees may be exempt from the replacement requirement if they are determined to be “fruit-bearing” (Trees 10, 17, 20, 21, 26, 27, 30-36, and 39). This could drastically reduce the in-lieu fee.

Old Sheet C2.0 (New Sheet C3.0):
45) Utilities are shown overhead. Confirm with PPW if they will require undergrounding. 46) The Earthwork Notes show Maximum site fill = 0’. The plans show 275 cubic yards of fill, which means that more than 0’ of fill are proposed. Be more specific with your information. 47) Show the dedication area and include dimensions and total area. 48) Provide an additional section running through the length of the site. 49) Dimensions the property boundaries.
50) Dimension the sidewalks, curbs, roadways, etc (plans must be fully dimensioned). 51) Show traffic direction on the streets.
52) Specify location of the fill area (this should also be labeled in the civil sections). 53) Provide details on the “temporary loading/staging zone”. The arrow is pointing to the sidewalk.
54) Would any physical barrier be proposed between the southern edge of the cul-de-sac and Winchester Blvd?
55) There is a “proposed driveway” note on 14333 Capri Drive. 56) Put an “X” on the (visible) trees that are proposed for removal. 57) The sidewalk around Tree 1 shows the bulb-out encroaching into the bike lane to remain.

Sheet C1.0 shows this being removed. Ensure the plans are consistent. 58) Provide a legend for the symbols and abbreviations used. 59) The area to the north of the building would create a dead-end area (see area highlighted below). Consider fencing this area off so as not to create a safety issue. 60) Please provide the following setbacks (see below).
61) The plans now show a dog park and fenced area at the southern end of the cul-de-sac. On this sheet, the site plan, or the landscape plan, provide additional details (fence height, design, lighting, landscaping, etc.). Please also ensure that coordination with Parks and Public Works continues to occur as this is proposed within the Town’s right-of-way. • The response letter says that the dog park has been removed from the proposal, yet the landscape plans still show it.
62) Now that the arborist report shows recommended tree protection, show it on this sheet or note it somewhere in the plan set.
63) Dimension the depth of the roof overhang, noted as “Outline of Floor Above.” 64) The bulb out along Winchester has been removed, but (what appears to be) a driveway approach is now shown, which would lead to a 13-story wall. Please confirm what is proposed here.

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
• This remains outstanding. See screenshot below.
65) Please specify estimated location of construction staging here or somewhere in the plan set. 66) Specify the surfacing materials of the parking garage. • Previous deficiency comment moved to consistency. Please specify these materials.

New Sheet C3.1:
67) Remove the scale at the bottom of the sheet as it is not accurate. 68) Show existing and proposed grade lines, noting areas of cut and fill (and labeling the cut and fill depths).

Old Sheet C3.0 (new Sheet C4.0):
69) The total site area is shown here as 29,305 sf, while the rest of the plans show 23,225 sf. 70) Specify the percent of increase/replacement.

New Sheet DG0.1:
71) This sheet shows a 19’ ceiling height in Level 1, the section shows 16’, and the floor plan on A3.0 shows 15’.
72) The plans say 58 “guest bicycle parking” proposed. Use the correct terminology (“shortterm”) and correct the number (12 are proposed; the indoor spaces are long-term). 73) The short-term/guest parking spaces would block the sidewalk. Revise accordingly. 74) Provide details of vehicular gate (50% open rule).
75) Specify ceiling height in the bike rooms.
76) Label widths of pedestrian entrances.
• This remains outstanding. The door to the parking garage (north of the mail room) is not dimensioned.
77) Provide details of the long-term bike parking for compliance with the Objective Design Standards.
78) Put an “X” on the (visible) trees that are proposed for removal.

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
79) There is a miscellaneous double line adjacent to the angled parking stall in Level 1. 80) Keynote 4 says that ground mounted utility cabinets will be screened. The plans (perhaps the Landscape plan) need to show this detail.
• This remains outstanding. The plans do not specify height of utility cabinets. See related comments in ODS checklist. You can estimate the height for now. 81) Please fix the setback annotations that are blocked by trees. 82) Specify how far the entrances are recessed per related comments on ODS Checklist. • This remains outstanding. The door to the parking garage (north of the mail room) is not dimensioned. The other entrances were added.
83) Specify how far the building steps-in as it transitions from the lobby to the parking garage along Winchester related comments on ODS Checklist.
84) A new parking area is shown on Capri Drive but the call-out is covered. 85) New Floor Plan Note 2 provides a good response/justification for the short-term parking requirement exceptions. Please provide this in the ODS Checklist response or in the justification letter as requested.
86) Add the north arrows back to this sheet. They were removed in this submittal. 87) The long-term bike parking was modified, and now the floor plan note is not legible. It appears to show 32 spaces, while the table shows 34. Update accordingly. 88) A dashed green line was added and dimensioned (30’) adjacent to the leasing office, but it is not labeled. Staff does not know what this is showing.
89) The “R” numbers throughout the parking areas no longer add up. For example, the numbers go from “R1 thru R19” and then jumps up to “R25 thru R49.” The numbers were changed in this submittal and are no longer accurate.
90) Please note that the math provided for Floor Plan Note 2 is not accurate. It notes that “119 x 20 = 5.96”.

New Sheet DG0.2:
91) Floor plan note 1 says there are 120 long-term bike parking spaces, when there are 166. 92) Floor plan note 2 says to see detail DG0.1/3 for long term bike parking details. Detail DG0.1/3 is a short-term space.
93) Plans were updated and now the long term bike parking notes are inconsistent. Ensure that in each table below, the floor plan matches the actual floor plan. For example, Level 3 floor

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
plan table shows 52 long term bike spaces, while the call-out notes show 32 and 24 (56 total), and the call-out for 24 bike spaces is pointing to bike room 3, which shows 20 bikes.

Similarly, Floor Plan Note 1 needs to be updated as the updated count is no longer 140, and bike parking is proposed on the first floor and not just levels 2-4. See below screenshot. 94) A new “continuous wheel stop see note 2” call-out was added, but note 2 does not correspond to wheel stops. Update accordingly.
95) A new “sunshade device outline” call-out was added, but the dimension is not noted.

Specify how far it overhangs beyond the wall.
96) The dimensions for the southernmost architectural awning (above the lounge) are not accurate. The dimensions measure to the property line, and this awning does not extend that far.

New Sheet DG0.3:
97) Floor plan note 2, “total private space provided” is blank. Please note that the rule states that each unit needs 60 square feet. This is not complied with. 98) What do the following numbers represent? (see below). 99) Provide a scale.
100) As noted above, specify location of BMP units somewhere in the plans. 101) The common open space note was updated on Sheet A3.0 and the Cover Sheet, but not this sheet.
102) New notes are added to the floor plans for Level 5 and Levels 6-11 that show building sizes that do not match the tables directly below. Revise accordingly. See below for an example.

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
New Sheet DG0.4:
103) Label the proposed areas in the terrace plan.
104) Add the following to Note 1, “the mechanical equipment will be shorter than the proposed roof screen.”
105) A new “metal screen tall fence” call-out is shown along the play-court. Specify the height and design somewhere in the plans.
106) New boxes are shown in the play-court which are not legible. What are these showing? Sheet A1.0:
107) Label the addresses of the properties shown.
108) You must also include pictures of the existing structure proposed for demolition. The pictures provided are from Google Streetview and do not show inside the property fence.

This is a submittal requirement.

Sheet A2.0:
109) Label or provide a legend for the public improvements shown outside of the building along Capri Drive.
110) Label the trees. Staff is assuming these are proposed. 111) Provide dimensions for the sidewalks (plans must be fully dimensioned). 112) Specify all setbacks, including the setback along the southern edge of the building. 113) Label and dimension the property lines.
114) The majority of the items in the O.S. checklist say they are complied with on this Sheet.

Anytime the O.S. checklist references this sheet, there should be annotations or dimensions that clearly show compliance.
115) Show the full extent of Winchester Blvd.
116) In the Site Data table, specify the lot size before and after dedication. 117) Show the required building setbacks. This is a submittal requirement (noted above). 118) The sidewalk around Tree 1 shows the bulb-out encroaching into the bike lane to remain.

Sheet C1.0 shows this being removed. Ensure the plans are consistent. 119) Several of the setback labels along Winchester Blvd are not legible. 120) Please provide the following setbacks (see below). 121) Fix the proposed and required setbacks as noted above in the Cover Sheet comments. • This remains outstanding. The response says that required setbacks were updated (which they weren’t), and the response references North 40. This is not a North 40 project.
122) Fix the FAR as noted above in the Cover Sheet comments. 123) Provide details of the proposed fencing here or somewhere in the plans. • This remains outstanding. Thank you for providing details for the metal panel fence; however, staff is still looking for location details for the 6’ tall concrete wall. 124) A new, Proposed Landscaping Calcs, table was added. The total shown (2,504 sf) does not match the totals shown throughout the rest of the plan set. Additionally, specify what “LA” refers to, as each area is numbered “LA1, LA2,…” etc.
125) Per Town Code Section 29.10.06702, minimum turning radius is 32’. This sheet shows that

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS

30.5’ are proposed. Ensure that the turning radius is consistent between the sheets, and if under 32 feet is proposed, include justification in the project description letter on how the proposed radius can accommodate cars and emergency vehicles. The letter currently just talks about the transformer location and the need for an easement. 126) The sheet says “(E) cul-de-sac.” There is no existing cul-de-sac at the site. 127) Specify the ROW width of the new cul-de-sac. Town code requires 42’. If this is not met, provide justification.

Sheet A2.1:
128) The revised cul-de-sac radius note (32’) does not match the rest of the plans. 129) The sheet says “(E) cul-de-sac.” There is no existing cul-de-sac at the site.

Sheet A3.0:
130) Provide dimensions throughout the parking garages (i.e. drive aisle, parking space dimensions, radius of angled spaces, turn-around area, turn radius, etc.). 131) Label and dimension the property lines.
132) Provide full road details (full extent of drive aisles, center line, etc.). 133) Per Town Code, dead end areas in a parking garage must have turn-around space approved by the Town Engineer. Each level of the parking garage has a dead-end area. 134) Provide details of the bike parking areas (what type of bike parking, number of spaces, individual bike lockers or one larger room, etc.). See the Town’s Objective Design Standards checklist for more detail.
135) Provide specific details for the mechanical parking lifts proposed (not just a factory spec sheet). You need to show how much room each parking lifts takes, and how the Town’s requirements for drive aisles are still complied with.
136) Label the size of the lease office area.
137) Specify if a vehicular gate is proposed. If so, provide details on design and location. 138) Level 1 is shown with a 19’ clear ceiling height, yet the elevation shows a 16’ plate height.

Which is accurate?
139) Show maneuverability of the angled parking stall (north-eastern corner of the garage) in relation to the two-way ramp immediately adjacent.
140) What is meant by “PIT PARKING”? Does this refer to the bottom of the mechanical lifts? 141) Show how trash pick-up will be accessed. Does the truck drive into the parking garage? 142) Per the spec sheet, the mechanical lifts have a stall depth of 18.3’, yet the plans only show 18 feet. Ensure that the lift spaces fit as shown.
143) Per the spec sheet, the only way to get a 3-parking space lift is to have some sort of tandem configuration. No tandem configuration is shown. Confirm that the 3 spaces per stall can work in this configuration.
144) Label the width of the vehicle entrance (each drive aisle). 145) Parking spaces adjacent to a wall (i.e. space 42) must be a minimum of 9.5’ wide. 146) Update the short term and long-term bike parking notes based on the comments on Sheet DG0.1.

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
147) Town Code requires one continuous curb for wheel stops. 148) Specify the height of the proposed concrete wall.
149) Parking stalls with a 60-degree angle (space 60) must have a depth of 19’-8” per Town Code. 150) There are two parking spaces numbered 61.
151) The front elevation shows a shade element/roof element over the door adjacent to the mail room. Show depth of overhang on this sheet per applicable ODS Checklist comments. • This remains outstanding. They are not shown or dimensioned on this sheet, but they were added to DG0.2. Update this sheet as well.
152) Specify how far the proposed prefab concrete wall extends. • This remains outstanding.
153) Show the Town’s standard double-striping in plans (see attached). • This remains outstanding. Would the mechanical lift spaces contain the double-striping? 154) There is a new note along the vehicular entry to the garage that says “slope”. Specify what the slope would be.
155) The Level 1 table shows 101 parking stalls, while the floor plans shows 97. The spaces shown adjacent to Stair 2 are shown as 24 spaces on this sheet, and 29 on DG0.1. Update accordingly.
156) Specify the exact location of the concrete wall. It is not clear if it extends all the way to the Capri Drive frontage (which would not be allowed).
• Previous deficiency comment moved to consistency.
157) A new bold line was added south of the building (see below). Specify what this is for.

Sheet A4.0:
158) Provide dimensions throughout the parking garages (i.e. drive aisle, parking space dimensions, radius of angled spaces, turn-around area, turn radius, motorcycle spaces, etc.). 159) Label and dimension the property lines.
160) Per Town Code, dead end areas in a parking garage must have turn-around space approved by the Town Engineer. Each level of the parking garage has a dead-end area.

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
161) Provide details of the bike parking areas (what type of bike parking, number of spaces, individual bike lockers or one larger room, etc.). See the Town’s Objective Design Standards checklist for more detail.
162) What is the purpose of a lounge within a parking garage? Perhaps you could include a brief explanation in the Letter of Justification.
163) Please note that the lounge areas count toward the Community Recreation Space requirement.
164) Level 4 has 31 total spaces (29 single stalls). The plans say 32 total spaces (30 single stalls). 165) Show maneuverability of the angled parking stall (north-eastern corner of the garage) in relation to the two-way ramp immediately adjacent.
166) Clarify if any of the spaces are reserved for employees or future tenants (leasing office). 167) The minimum inside turning radius in the parking garage is 20’ per Town Code. The plans show a turning radius of only 10-11 feet.
• This continues to remain outstanding and non-conforming. The turning radius shown does not comply. Explain how the reduced turning radius can accommodate auto movements within the garage and provide justification for the reduction. 168) Town code requires stalls to have “double striping”. See Town Code 29.10.155 for details.

This needs to be shown on the plans.
169) Specify if key access is provided for the bike rooms. 170) Provide details or notes on the continuous curb that is shown, ensuring compliance with Town standards.
171) New notes were added for the architectural metal awnings and sunshade device. Provide dimensions of each.

Sheet A4.1:
172) As the turn-around spaces have been reconfigured, show how parking space R1 (adjacent to the mail room) would back-out.

Sheet A4.2:
173) The turn-around exhibit for parking space R116 shows that the vehicle would need to drive outside of the building walls to make that turn. Revise accordingly.

New Sheet A4.3: (in the future, when adding a new plan sheet, please create a new page number since we are tracking comments per sheet number).
174) This sheet appears to be included to justify an exception to the minimum turning radius within a parking garage. Reference to this sheet should be included in your justification letter.
175) Include the centerline of the ramps. As drawn, it appears that a Ford Escape would extend beyond the drive aisle.

Sheet A4.4 (Previously Sheet A4.3):
176) Dimensions the bike storage length in Diagrams 3, 4, and 7 per ODS Standard A.3.4.e.

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
177) The bike arrangement in Diagram 1 would block the sidewalk and should be removed. The arrangement in Diagram 2 is what is shown on the plans. 178) Label the height of the bike racks in Diagram 8 for compliance with ODS Standard A.3.4.e. 179) The bike parking table says that 140 long-term spaces are located on floors 2-4, when they are actually located on floors 1-4.
180) Diagram 3 now shows two bike spaces adjacent to the workstand and pump station. Specify the dimensions and type of bike parking proposed here.

Sheet A5.1:
181) This sheet was included twice in the plan set.

Sheet A5.0:
182) Provide setback dimensions along the entire building. 183) Label and dimension the property lines.
184) Specify the size of each balcony and include dimensions so staff can confirm the “private recreation space” requirements are met.
185) Confirm that the unit sizes shown are not including the balconies. 186) Level 5 and Levels 6-12 look identical, yet the overall gross area is roughly 500 square feet different. Please confirm this is accurate. Again, decks don’t count as gross square footage. 187) Specify the corridor width.
188) Confirm what the shaded area of Level 5 represents (roof below?). 189) Why are the open space areas for Level 5 labeled as decks when they are above grade? 190) There are setbacks on Level 5 that are incorrect (i.e. 8’ setback shown several feet inside Unit A).
191) The Unit Data table contains a “total” column that is unclear. Specify what “total” this is showing. If it is floor area, the math is wrong. This table is on several sheets. 192) The Gross Building Floor Area Per Floor table on the cover sheet shows levels 6-12 being 19,674 sf. The floor plans show 19,643 sf. Update accordingly.

Sheet A6.0:
193) Provide setback dimensions along the entire building. 194) Label and dimension the property lines.
195) Is anything proposed underneath the helipad? It appears to be an empty building shell. 196) Specify if any mechanical equipment is proposed on the roof. If so, specify if it will be visible. 197) Confirm if the roof top activities are solely for the use of residents. 198) Specify the size of the covered clubhouse.
199) The Level 13 data shows 8,256 sf of “total community open space”, while the Community Open Space table at the bottom of the sheet says a total of 18,166 sf of community open space is provided at the roof terrace. Update accordingly. 200) Add the three trees along the sports court, per the landscape plans. 201) The size of the quiet open deck is no longer legible. 202) A new, Proposed Landscaping Calcs, table was added. Specify what “LA” refers to, as each

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
area is numbered “LA1, LA2,…” etc.
203) The total in the Proposed Landscape Area table (1,242 sf) does not match the total shown in the level 13 table (1,277 sf).
204) The total community recreation space (12,134 sf – in the Level 13 table) does not match what is shown in the Community Open Space table (18,166 sf at roof terrace level 13). 205) Please specify the height of the new metal screen fence along the outdoor play-court.

Sheet A7.0 and A7.1:
206) Label existing and proposed grade on all elevation and section drawings. 207) Give cardinal directions for the elevation titles. 208) Provide all four sides of the building.
209) Provide information on proposed exterior materials. The color scheme legend is not correct and hardly used. One of the two items used (E – wood composite cladding) is pointing to a glass railing.
210) Please provide a section running through the helipad portion of the building. Staff is unclear what is proposed within this building. Is the helipad technically a 14th story? 211) Provide finished floor heights along each story of the building. 212) Show neighboring structures in the “Front Elevation along Capri Drive.” 213) Label the vehicular and pedestrian entry points.
214) There is a (roughly) 10’ difference between the two elevations. All the elevation and section drawings need to show the maximum proposed height.
215) This sheet shows the total height at 168’, while the streetscape shows 167’. 216) Label the vertical clearance below the sunshade device (front elevation). 217) Items “F” through “I” are missing in the color scheme. 218) The neighboring structure on the left elevation is cut off and missing its height dimension. 219) Show the new trees along the Left Elevation and Rear Elevation. 220) Provide the address and height for all buildings shown. The office building on the front elevation is missing this.
221) Now that existing grade is shown, ensure that building height is measured to existing grade on all section and elevation drawings.
222) Provide material callout for the garage gate on the front elevation (“K”). • This remains outstanding. The “K” call-out does not have an arrow and is currently on top of the residence at 14274.
223) Label the metal screen around the play court, specify the height, and include a material callout. 224) On the left elevation, the cypress trees are cut-off, and notes to the old Brisbane box trees (removed from the landscape plans) are still shown.
225) Provide details on the new exterior molding/band proposed.

Sheet A8.0:
226) Label existing and proposed grade on all elevation and section drawings. 227) Label building heights (existing neighboring buildings and proposed building).

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
228) Specify proposed materials.
229) Label property lines.
230) Provide finished floor heights along each story of the building. 231) Provide the address and heights of all neighbors shown. 232) Label the vehicular and pedestrian entry points.
233) The “Winchester Avenue Streetview” appears to be mislabeled. The Winchester Streetview would arguable be just as wide as the Capri Drive street view. Instead, this looks like a street view from the southern corner of the building. Rename accordingly. 234) Label the location of each elevation and street view within the smaller Site Plan on this sheet.
235) What is shown on the Capri Drive Streetview? (see below). 236) Add the missing Winchester Blvd Streetscape.
237) Label maximum total height on each streetscape. Left elevation isn’t maximum height.

Left elevation shows 154’, but it isn’t pointing to the top of the screening. Additionally, the sections show this area as 155’.
238) See comment above regarding different max heights shown between streetscapes and elevations.
239) As noted in the completeness section above, there are three missing views from the streetscape, as well as missing buildings from the streetscapes that were provided. 240) Specify the heights of the residences in the new Rear Elevation.

Sheet A9.0:
241) Provide a site plan showing where each view is taken from. 242) Label exterior materials.
243) Include neighboring buildings where applicable.
244) “View 1 Along Capri Drive” is not “facing west.” Revise accordingly. 245) Either show tree sizes based off size at planting, or note how long they will take to get this tall.

Sheets A10.0 and A10.1:
246) Include a north arrow in the Kep Map and label the streets. 247) Label existing and proposed grade on all elevation and section drawings. 248) Specify the finished floor heights.
249) Show neighboring buildings (noting addresses and height). 250) The section shows 155’, the elevations show 154’, and one of the elevations shows 163’-4”.

The maximum proposed height needs to be consistent throughout all the drawings. 251) Specify what “T.O. P.W.” means. This is a height measurement shown just below the rooftop.
252) There is a “Capri Dr” label to the left of the section view, which should not be there. 253) What does this “x” represent? (see below).
254) Section B-B shows the top of rooftop at 155’, while the elevations show 154’. 255) Now that existing grade is shown, ensure that building height is measured to existing grade

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
on all section and elevation drawings.
256) The address added on A10.1 is incorrect. There is no “579” across Capri Drive.

Sheet A11.0- A11.3:
257) Specify the size (square feet) of each unit’s balcony. 258) Ensure that the unit size shown does not include the balcony. 259) Provide width and depth dimensions of all the balconies (Unit B is missing the width). 260) Ensure that the full extent of the balcony is shown (missing on A11.2 and A11.3). 261) The Unit Data table contains a “total” column that is unclear. Specify what “total” this is showing. If it is total floor area, the math is wrong. This table is on several sheets. 262) There are two different “Unit H” floor plans, but only one “H” column in the table. 263) There is a “I12” column in the table that doesn’t match any of the floor plan titles. 264) Units F, G, H, I, H (there are two “H” floor plans) are missing the second depth dimension along the balcony.
265) Sheet A11.0 was included twice in the plan set.
266) The Total Private Open Space shown in the table on these sheets is 21,003 sf, while the cover sheet shows 17,656.
267) The Key Map on Sheet A11.2 is not displaying correctly. 268) The summary table on Sheet A11.3 is cut-off. The “total” column should say “total private open space” to match the other tables.

Sheet A12.0
269) The shadow study is incomplete, and the shadow is cut-off. Zoom out on the December views to show the full extent of the shadows.
270) Include addresses and number of stories of each neighbor shown. 271) The March 21st (3pm) shadow study does not show the full extent of the shadow.

Sheet A13.0:
272) The plans need to be updated to clearly show where each of these materials are used. 273) Add information on the vehicular and pedestrian gates.

New Sheet A16.0:
274) For Diagram #2, staff is unclear where the “stepbacks” are taken from. For example, when the wall plane says “2’ stepback”, what is it stepping back from? 275) For the Level 13 diagram on A16.1, what is the 5’-11” dashed line represent? Sheet PL-1:
276) Include a planting plan with a proposed tree table (see application packet for details). 277) Is any fencing proposed? The O.S. Checklist calls for at least 5 trees along the rear property line and a masonry wall.
• This remains outstanding. Please clearly call out fencing proposed on the northern property line.

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
278) Specify the percentage of the site that is landscaped. 279) Specify the percentage of the community open space that has landscaping. 280) Specify the percent of the front setback area that is landscaped. Note that the landscape area highlighted extends into the public right-of-way. Only the on-site landscaping counts. 281) Ensure that the total landscape area (4,645 sf) does not include the landscaping in the public right of way. A diagram showing the overall landscape area would be helpful. 282) The electric transformer must be screened from view. Provide details on how this will be accomplished.
• This remains outstanding. Specify (or estimate) the height of the transformer. 283) Consider adding fencing along the cypress screen wall at the north of the building. Currently it dead ends and would present a possible safety issue. 284) The Italian Cypress is missing from the tree list on this sheet. 285) The palm trees were removed, but they are still shown on this sheet. 286) Fix the call-out line for the electrical transformer now that it has moved.

Sheet PL-2:
287) Specify the size of trees at maturity (submittal requirement). 288) Note that in-lieu fees will be required as the number of replacement trees does not meet Town Code.

Sheet PL-3:
289) Staff is having difficulty telling the difference between the (new) Trumpet Vine and the Toyon plants. Revise accordingly.

New Sheet E0.10:
290) Lighting is needed every 30’ per the Town’s Objective Design Standards (A.7.1). The lighting plan needs to note distances between exterior lights.
291) Add information to confirm lights will comply with the 30-degree shielding rule per Objective Design Standard A.7.2.

New Sheet E0.16:
292) Lighting is needed every 30’ per the Town’s Objective Design Standards (A.7.1). The lighting plan needs to note distances between exterior lights.
293) The step lights along the “quick deck” would not meet the height requirements of A.7.1. 294) Specify the height of wall mount lights and SW3 within the sports court. 295) Add information to confirm lights will comply with the 30-degree shielding rule per Objective Design Standard A.7.2.

Sheet E0.50:
296) Ensure there is an image for each of the callouts in the luminaire schedule. S1, SW1, D1, and SW3 are missing.
297) Specify mounting height for each. Only a few are shown. See related comment on ODS

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
Checklist.

General Comments:
1) Please modify plans per the above comments and resubmit to Planning via the Town’s Online Permitting Service with a compliance memorandum and any other supporting documents. Please also submit 2, full-size printed sets to Town Hall. 2) This Architecture and Site application is required to follow the Town’s Height Pole and Netting Policy. Height poles/renderings and project identification signs will be required prior to the public notice of any pending approval.
3) Pursuant to the adopted fee schedule, in the event additional processing services by the Town are required due to changes, modifications, additions, errors, omissions, or discrepancies caused by the applicant of his/her agents or representatives, the applicant shall pay an additional fee as determined by the Director of Community Development to cover the actual cost.
4) Pursuant to the adopted fee schedule, if the requested information from any of the Tech Review Staff is not submitted within 180 days of this meeting, the applicant will be required to pay a fee of 10% of the current application fee at the time the requested information is submitted. Any resubmittal after one year from September 17, 2025 will be processed as a new application, subject to new fees. 5) Pursuant to the adopted fee schedule, if after three meetings, any additional review is required by the Technical Review Committee and/or DRC, there will be an additional fee based on time and material cost.
6) The project is subject to WELO - New construction projects with an aggregate landscape area equal to or greater than five hundred 500 square feet or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet are subject to the State’s Model Water Efficiency Landscape Ordinance (WELO). A complete WELO Landscape Documentation Package is required prior to issuance of building and/or grading permits. A completed WELO Certificate of Completion is required prior to final inspection/certificate of occupancy. Review by the Town’s Consulting Landscape Architect for WELO requires a payment of a $5,500 deposit.

The application is complete but contains inconsistencies as identified above. Please resubmit and provide a compliance memorandum showing how all the deficiencies, corrections, and general comments have been addressed. When resubmitting, please include two printed, full-sized, 24” by 36” plan sets.

ITEM NO. 18.

Community Development Department • Planning Division • 110 E. Main Street 408.354.6872 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

FIFTH STAFF TECHNICAL

REVIEW COMMENTS
Ryan Safty
Associate Planner
[email protected]
(408) 354-6802
N:\DEV\PLANNING PROJECT FILES\Capri Drive\14288\S-24-044 - SB 330 Formal App\Staff Comment Letters\R5 - Complete\PLN - 14288 Capri Drive - Complete Letter 9-17-25.docx

ITEM NO. 18.

Highlighted fields represents missing, incomplete,
or inaccurate responses as identified by staff

YES NO N/A
X
A.1.1
DGO.1 / Note 1, A2.0
Project complies.

X
A.1.2
A2.0, PL-1, PL-2
Project complies.

A3.0, DG0.1
X A.2.1 DGO.1 / Keynote 1 Project complies.

X A.2.2 DGO.1 / Note 2
Project does not comply. 119 spaces required, 12 proposed.

Our approach is to supply the amount of guest stalls the VTA recommends which is substantially less than the Town. This is allowed by Builder's Remedy.

Thank you for providing justification. As noted in the comment letter, the application materials need to specify what VTA's recommended bike parking count is. The plans show that VTA recommends 1 GUEST bike space for every 20 units, but does not specify their recommendation for tenants. Therefore, this argument is incomplete as we don't specify what VTA's recommendation is for the project.

X A.2.3 DGO.1 / Note 3 Project complies.

X A.2.4 no sheet provided
N/A. 12 spaces proposed.

DGO.2 / Note 3
X A.3.1 DGO.2 / Note 4
Project does not comply. Long-term bike spaces are on garage levels 1-4, while the standard says they shall be located on the ground floor.

We have added a bike room on the ground level and have additional secured bike rooms on the upper levels.

X A.3.2 DGO.2 / Note 1
Project complies.

A.3.3
X no sheet provided N/A. Bike lockers are not proposed. X no sheet provided N/A. Bike lockers are not proposed. X no sheet provided N/A. Bike lockers are not proposed.

A.3.4
X DGO.1 / Keynote 7 Project complies. X
A4.3 (Update the page
reference as Sheet A4.3
now shows turningradius)
Project complies.

X
A4.3 (Update the page
reference as Sheet A4.3
now shows turningradius)
Project complies.

X
A4.3 (Update the page
reference as Sheet A4.3
now shows turningradius)
Project complies.

STAFF RESPONSE (UPDATED BASED ON APPLICANT RESPONSE
A.1. Pedestrian Access 7/18/25 RESUBMITTAL)
A. SITE STANDARDS
Each short-term bicycle parking space shall be a minimum of seven feet in length and two feet in width.If more than 20-short term bicycle spaces are provided, at least 50 percent of the spaces shall be covered by a permanent solid-roofed weather protection structure.

Long-term bicycle parking facilities (Class I bicycle parking facility) consists of bicycle lockers or bicycle rooms with key access for use by residents.

A.2. Short-Term Bicycle Parking (Class II)A.3. Long-Term Bicycle Parking (Class I) Long-term bicycles parking facilities shall be located on the ground floor and shall not be located between the building and the street.Multi-family residential and residential mixed-use buildings shall provide one longterm bicycle parking space per dwelling unit. Developments such as townhomes that include individual garages for each unit shall not be required to provide long-term bicycle parking.Bicycle locker minimum requirements:a. Dimensions of 42 inches wide, 75 inches deep, and 54 inches high.All on-site buildings, entries, facilities, amenities, and vehicular and bicycle parking areas shall be internally connected with a minimum four-foot-wide pedestrian pathway or pathway network that may include use of the public sidewalk. The pedestrian pathway network shall connect to the public sidewalk along each street.Pedestrian pathways within internal parking areas shall be separated from vehicular circulation by a physical barrier, such as a grade separation or a raised planting strip, of at least six inches in height and at least six feet in width. A pedestrian pathway is exempt from this standard where it crosses a parking vehicular drive aisle.

Short-term bicycle parking (Class II bicycle parking facility) consists of racks that support the bicycle frame at two points and allow for the bicycle frame and one wheel to be locked to the rack with a U-lock.

Short-term bicycle parking space shall be located within 50 feet of the primary pedestrian building entrance.Short-term bicycle parking shall be provided at a rate of one space per dwelling unit and one space per 2,000 square feet of non-residential floor area.b. Must withstand a load of 200 pounds per square foot.c. Opened door must withstand 500-pound vertical load.Bicycle rooms with key access minimum requirements:a. Bicycle rooms shall have a minimum ceiling height of seven feet.b. Bicycle rooms shall contain racks that support the bicycle frame at two points and allow for the bicycle frame and one wheel to be locked to the rack with a U-lock. c. Long-term bicycle parking spaces shall be served by an aisle with a minimum width of six feet.d. Maneuverability space of at least two feet shall be provided between the aisle and long-term bicycle parking spaces.

STAFF RECOMMENDATION TO INCREASE JUSTIFICATION AND NEW STAFF

COMMENTS BASED ON PLAN UPDATES
APPLICANT RESPONSIBILITY Applicants are responsible for accurately responding to each objective design standard listed below by indicating whether each standard has been met or does not apply. Applicants shall indicate the sheet(s) within the project plans that show compliance with each objective design standard.

OBJECTIVE DESIGN STANDARDS CHECKLIST - 7/18/25 UPDATES

SHEETS (UPDATED
7/18/25)
Objective Design Standard

ITEM NO. 18.

X
A4.3 (Update the page
reference as Sheet A4.3
now shows turningradius)
Project does not comply. 2' width requirement is not met. Two-tier system does not meet height requirement.

Provide justification. Only justification provided for long-term bikes is regarding the number of spaces required (A.3.2). Also, update the page reference as A4.3 now shows turning-radius.

X A.4.1 no sheet provided
N/A. Parking lot is not proposed.

X A.5.1 no sheet provided N/A. Parking lot is not proposed. X A.5.2 no sheet provided N/A. Parking lot is not proposed.

X A.6.1 DGO.1 / Keynote 2
Project complies.

X A.6.2 no sheet provided
Project does not comply. Parking structure occupies more than 50% of street facing façade.

Due to the irregular shape of the parcel and the fact it is triangular in shape and bounded by street on two sides, the parking has to be configured in a garage structure that occupies the majority of the site. Builder's Remedy allows us to not conform to the guidelines.

X A.6.3 DGO.1 / Keynote 3 Project complies.

X A.7.1 E0.10, E0.16
Project does not comply. Mounting height details
for SW3 are shown at 13' when 12' is max.

Provide justification.

X A.7.2 E0.10, General Note 5
Project complies.

X A.7.3 DGO.1 / Keynote 4, PL- 3
Additional details required. Plans do not specify height of utility item being screened. Additionally, justification provided in ODS checklist is not accurate. The plants around the new transformer would have a maturity height of 2', 4', and 10' (not 1').

Plants around the utility cabinet will be 1 foot height upon maturity. The cabinets will be painted by art. See PL-3 sheet for planting heights as a mature size.

Thank you for providing justification. However, the justification provided does not line up with what the plans show. The justification states that the plants around the utility cabinet will be 1 foot tall at maturity, while PL-3 shows these plants ranging in height from 2' to 10' in height.

X A.7.4 DGO.4 / Note 1 Project complies.

X A.8.1 A2.0
Additional details required. Plans do not specify amount of landscaping along front setback. Sheet A2.0 shows total landscape area. The plans need to specify the percent of the front setback that is landscaped.

Landscaping and Screening: Again, this is a Builder's Remedy project and we do not have to conform to this requirement and we can request waivers to this requirement.

Provide required details in plans. Staff does not have enough information to determine if this is complied with or not.

X A.8.2 no sheet provided
Project does not comply. 10-wide buffer is not proposed.

Landscaping and Screening: Again, this is a Builder's Remedy project and we do not have to conform to this requirement and we can request waivers to this requirement.

X A.8.3 no sheet provided
N/A. Parking lot is not proposed.

A.6. Parking Structure AccessA.4. Vehicular Access
A parking structure shall not occupy more than 50 percent of the building width of any street-facing façade, and it shall be recessed a minimum of five feet from the street-facing façade of the building.For projects with five or more residential units and that have a vehicle access gate to the parking structure, a pedestrian gate shall also be provided.Pedestrian-oriented lighting shall be provided along all pedestrian paths in community recreation spaces. Exterior lighting fixtures shall be a minimum of three feet and a maximum of 12 feet in height. Light fixtures shall be placed along the pedestrian path at a spacing of no more than 30 linear feet.Exterior lighting shall be fully shielded and restrain light to a minimum 30 degrees below the horizontal plane of the light source. Lighting shall be arranged so that the light will not shine directly on lands of adjacent residential zoned properties. Uplighting is prohibited.

A.5. Parking Location and Design
e. Each horizontal long-term bicycle parking space shall be a minimum of seven feet in length, two feet in width, four-and one-half feet in height. Each vertical longterm bicycle parking space shall be a minimum of three-and one-half feet in length, two feet in width, and seven feet in height.Off-street parking lots shall have vehicular circulation using an internal vehicular network that precludes the use of a public street for aisle-to-aisle internal circulation.Surface parking lots and carports shall not be located between the primary building frontage and the street.Uncovered parking rows with at least 15 consecutive parking spaces shall include a landscape area of six feet minimum width at intervals of no more than 10 consecutive parking stalls. One tree shall be provided in each landscape area.Any vehicular entry gate to a parking structure shall be located to allow a minimum of 18 feet between the gate and the back of the sidewalk to minimize conflicts between sidewalks and vehicle queuing.

A.7. UtilitiesA.9. Fencing
Rooftop mechanical equipment shall be screened from view from the street. Solar At least 50 percent of the front setback area shall be landscaped. A minimum 10-foot-wide landscape buffer shall be provided along the full length of the shared property line between multi-family or Residential Mixed-Use development and abutting residential properties. The buffer shall include the following:a. A solid masonry wall with a six-foot height, except within a street-facing setback where walls are not permitted; andb. Trees planted at a rate of at least one tree per 30 linear feet along the shared property line. Tree species shall be selected from the Town of Los Gatos Master Street Tree List and shall be a minimum 15-gallon size.Surface parking lots shall be screened from view of the street with landscaping or a wall with a minimum three-foot height to screen the parking lot when not already screened by a primary building. When located in a street-facing setback, screening may not exceed a height of three feet.

A.8. Landscaping and Screening
Street-level views of ground level utility cabinets, mechanical equipment, trash, and service areas shall be screened from sight with landscape planting, fencing, or a wall, as allowed by the Town Code. The screening shall be at least the same height as the item being screened and screening that is not landscape material shall be constructed with one or more of the materials used on the primary building.

ITEM NO. 18.

X A.9.1 no sheet provided
Project does not comply and additional details required. Provide a sheet reference. This set of plans has less information on proposed fencing than the last round, but fencing is now shown adjacent to the cul-de-sac, which does not comply with this requirement. Provide justification, details in plans, and a sheet reference.

Provide justification.

X A.9.2 no sheet provided Project complies.

X A.9.2 no sheet provided N/A. Perimeter barrier gates are not proposed.

X A.9.4 DGO.1 / Keynote 3, A7.0 Project complies.

X A.10.1 no sheet provided
N/A. Retaining walls are not proposed.

X A.10.2 no sheet provided
N/A. Retaining walls are not proposed.

A.11.1 no sheet provided
X PL-1, DGO.3 / Note 1
Project does not comply. PL-1 shows 16%. Landscaped spaces: we do not comply with the 20% but have modified our plans to be at 16% landscape areas of the site. Again, the configuration of the site warrants the reduction in landscape area in addition to the loss of land at the proposed cul-de-sac.

X DG0.3 / Note 1, A10.0, A10.1
Project does not comply. The juliet balconies do not comply.

Juliet balconies: Our juliet balconies are 6'-5" wide but only 13 square feet. The remaining square feet required is in the community recreation space. We still comply with the total open area required.

X no sheet provided N/A. Ground units are not proposed.

X DGO.3 / Note 2
Project does not comply. The juliet balconies do not comply.

Juliet balconies: Our juliet balconies are 6'-5" wide but only 13 square feet. The remaining square feet required is in the community recreation space. We still comply with the total open area required.

X A6.0
Project appears to comply, but additional details required in plans. It appears that more than 60% of the area is open to the sky (8,256 sf / 12,134 sf = 68%). However, two vastly different numbers for proposed community open space are provided (12,134 sf vs 18,166 sf). It appears that at least 15% of this space is shaded, but no calculation was provided, and no details showing how many square feet is shaded.

Provide additional details in plans to show compliance (percentages).

X no sheet provided
N/A. Not a mixed-use project.

X A6.0, DGO.3 / Note 3 Project complies.

X no sheet provided N/A. More than 4 residential units proposed.

X PL-1
Project complies.

A.10. Retaining WallsA.11. Landscaped, Private, and Community Recreation SpacesA.12. Building Placement Chain link fencing is prohibited.Perimeter barrier gates for vehicles and pedestrian entry gates shall have a maximum height of six feet.Solid vehicular and pedestrian entry gates are prohibited. Entry gates shall be a minimum 50 percent open view.Retaining walls shall not exceed five feet in height. Where an additional retained portion is necessary, multiple-terraced walls shall be used. Terraced walls shall set back at least three feet from the lower segment.Fences, walls, and gates within required setbacks along all street frontages are prohibited unless used to screen on-site parking spaces from view from the street.c. Community recreation space: The minimum dimensions are 10 feet by six feet. A minimum of 60 percent of the community recreation space shall be open to the sky and free of permanent solid-roofed weather protection structures. Community recreation space shall provide shading for a minimum 15 percent of the community recreation space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis. Tree shading shall be calculated by using the diameter of the tree crown at 15 years maturity. Shading from other built structures shall be calculated by using the surface area of the overhead feature.i. Community recreation space shall be provided in Residential Mixed-Use developments at a minimum of 100 square feet per residential unit plus a minimum of two percent of the non-residential square footage.ii. Community recreation space shall be provided in multi-family residential development projects at a minimum of 100 square feet per residential unit.iii. A project with four or less residential units is exempt from community recreation space requirements.iv. Landscaped roof space can satisfy both required landscaping requirements and community recreation space requirements. Landscaped roof space may not be used to satisfy more than 50 percent of the required landscaping for the site.Retaining walls shall not run in a straight continuous direction for more than 50 feet without including the following:a. A break, offset, or landscape pocket in the wall plane of at least three feet in length and two feet in depth; andb. Landscaping at a minimum height of three feet at the time of installation along a minimum of 60 percent of the total length of the retaining wall.The landscaped, private, and community recreation spaces listed below are required for all qualifying projects. Community recreation spaces and private recreation spaces are calculated independent of each other. Landscaped areas within community recreation spaces can contribute to required minimums for both landscaped area and community recreation space.a. Landscaped space: A minimum of 20 percent of the site area shall be landscaped.b. Private recreation space: The minimum horizontal dimension is six feet in any direction and a minimum area of 60 square feet. The minimum vertical clearance required is eight feet. Private recreation space shall be directly accessible from the residential unit. Landscaped sections of private recreation space shall not count towards required landscaping requirements.i. Each ground floor dwelling unit shall have a minimum of 120 square feet of usable private recreation space.ii. Each dwelling unit above the ground floor shall have a minimum of 60 square feet of usable private recreation space. Where multiple balconies are provided for a single unit, the 60-square-foot minimum can be an aggregate of all balconies, provide each balcony meets the requirements for minimum horizontal dimensions.

ITEM NO. 18.

X A.12.1 A2.0
Project complies.

X A.12.2 no sheet provided
N/A. Not a mixed-use project.

X no sheet provided N/A. Not a mixed-use project. X no sheet provided N/A. Not a mixed-use project. X no sheet provided N/A. Not a mixed-use project. X no sheet provided N/A. Not a mixed-use project.

YES NO N/A
X B.1.1 no sheet provided
Project does not comply. 3 or more solutions not used.

We are not in compliance, but we have placed multiple deck areas along the façade that are recessed into the building greater than the minimum two feet to create articulation in the massing of the building. The 5' second floor setback is not possible with the configuration and size of the parcel.

X A16.0 Diagram #2 Project does not comply. The second floor does not step-back 5' from the ground floor. X A16.0, A16.1 Project does not comply. We are not in compliance, but we have placed multiple deck areas along the façade that are recessed into the building greater than the minimum two feet to create articulation in the massing of the building. The 5' second floor setback is not possible with the configuration and size of the parcel.

X A16.0
Project complies.

X no sheet provided
Project does not comply. No exterior arcade proposed.

This particular project does not lend itself to an arcade to be included in the design especially with the size and shape of the lot.

X no sheet provided
Additional details required. This is marked as "yes" now, but not plan sheet reference is provided. It appears that the area near the main entrance (south-side of the building, facing Capri) would be close to meeting this, but not all of this is "open area" as bike parking is proposed.

Provide a sheet reference that shows compliance with this standard and update plans to include these details.

X no sheet provided
Project does not comply. Vertical elements are not proposed.

We do not comply because vertical columns do not blend with the architecture we have proposed. This is totally subjective and not appropriate on this project.

X B.1.2 A16.1
Project does not comply. The upper floors do not
step back 5' from the ground floor.

Provide justification. The updated ODS checklist says "see letter of justification", but no justification for this item is provided in your Letter of Justification.

X B.2.1 A16.0, A16.1
Project complies.

X B.2.2 A7.0, A7.1
Project complies.

X B.2.3 PL-1
Project complies.

STAFF RECOMMENDATION TO INCREASE JUSTIFICATION AND NEW STAFF

COMMENTS BASED ON PLAN UPDATES
e. Ground floor open area abutting street-facing façade with a minimum area of 60 square feet; orf. Vertical elements, such as pilasters or columns, that protrude a minimum of one foot from the façade and extend the full height of the building base or ground floor, whichever is greater.A Residential Mixed-Use project with a ground-floor non-residential use shall provide site amenities on a minimum of 15 percent of the ground plane between the building and the front or street-side property line. The site amenities shall be comprised of any of the following elements:
a. Landscape materials or raised planters;
b. Walls designed to accommodate pedestrian seating, no higher than 36 inches; c. Site furnishings, including fountains, sculptures, and other public art; or d. Tables and chairs associated with the ground floor use.

Multiple-story building façades that face a street shall incorporate breaks in the building mass by implementing a minimum of three of the following solutions along the combined façade area of all primary buildings facing the street: a. A minimum of 40 percent of the upper floor façade length shall step back from the plane of the ground-floor façade by at least five feet; b. Changes in the façade plane with a minimum change in depth of two feet for a minimum length along the façade of two feet at intervals of no more than 30 feet;c. Recessed façade plane to accommodate a building entry with a minimum ground plane area of 24 square feet. Where an awning or entry covering is provided, it can extend beyond the wall plane;d. An exterior arcade that provides a sheltered walkway within the building footprint with a minimum depth of eight feet. For a façade 50 feet or greater, the arcade must be a minimum length of 65 percent of the full building façade; for a facade less than 50 feet, the arcade must be a minimum of 80 percent of the full Upper floors above two stories shall be set back by a minimum of five feet from the ground-floor façade.The ground-floor façade of a parking structure facing a street or pedestrian walkway shall be fenestrated on a minimum of 40 percent of the façade.Façade openings on upper levels of a parking structure shall be screened at a minimum 10 percent and up to 30 percent of the opening to prevent full transparency into the structure.Parking structures facing a street and greater than 40 feet in length shall include landscaping between the building façade and the street, or façade articulation of at least 25 percent of the façade length. The façade articulation shall be implemented by one of the following solutions:

B.2. Parking Structure Design
Objective Design Standard

SHEETS (UPDATED
7/18/25)

STAFF RESPONSE (UPDATED BASED ON
7/18/25 RESUBMITTAL)

APPLICANT RESPONSE
To ensure buildings provide a continuous frontage along sidewalks, development in commercial zones shall place at least 75 percent of any ground floor street-facing façade on or within five feet of the setback line designated in the Town Code.

B.1. Massing and Scale
B. BUILDING DESIGN

ITEM NO. 18.

X A7.0, A7.1
N/A. Landscaping is used instead of façade articulation.

X A7.0, A7.1
N/A. Landscaping is used instead of façade articulation.

X B.3.1
Project does not comply. No solutions are proposed.

The shape and size of the roof has been carefully designed to support solar panels and because of the height of the project, this design guideline for roofs is not appropriate.

X no sheet provided Project does not comply. Gables are not proposed. X A16.1 Project does not comply.

X A7.0, A7.1, A10.0
Project does not comply.

X no sheet provided Project does not comply. X A10.0, A10.1 Project does not comply.

X B.3.2 no sheet provided N/A. Skylights are not proposed. X B.3.3 no sheet provided N/A. Dormers are not proposed.

X B.3.4 no sheet provided N/A. Carports are not proposed.

X B.4.1 A16.0, A16.1
Project complies. Solutions (d) and (e) are met.

X A16.0, A16.1
Project does not comply.

X A11.0 - A11.4
Project does not comply.

X no sheet provided
Project does not comply.

X DG0.3 / Note 5, A7.0, A7.1 Project complies.X DG0.3 / Note 6 Project complies.

X B.4.2 DG0.3 / Note 7 Project complies.

X B.4.3 A7.0, A7.1, A9.0, A10.0, A.10.1 Project does not comply. Not enough points achieved. See below. Provide justification.X o Arcade or gallery along the ground floor; 8 points no sheet provided Project does not comply. Arcade or gallery is not proposed.

X o Awnings or canopies on all ground floor windows of commercial space; 6 points no sheet provided N/A. Commercial space is not proposed. You marked "yes"; however, there is no commercial space proposed so this cannot be met.

X o Building cornice; 5 points no sheet provided
Additional details required. This is now marked as "yes", but not plan sheet reference is provided. Staff sees a new "molding/band" on the elevations. Please confirm this is what you are referring to.

X o Façade sconce lighting at a minimum of one light fixture per 15 linear feet. 3 points E0.10 Project does not comply. Sheet E0.10 shows that light spacing does not meet this requirement.

At intervals of no more than 40 feet along the building façade, horizontal eaves shall be broken using at least one of the following strategies:
a. Gables;
b. Building projection with a depth of a minimum of two feet; c. Change in façade or roof height of a minimum of two feet; d. Change in roof pitch or form; or
e. Inclusion of dormers, parapets, and/or varying cornices. a. An offset of the façade plane with a depth of at least 18 inches for a minimum of eight feet in horizontal length; orb. A different building material covering the entire façade articulation.

B.3. Roof Design
c. Variation in façade articulation, using shade and weather protection components, projecting a minimum of three feet for a minimum of 20 percent length from the street-facing façade;d. The use of at least two different façade materials, each covering a minimum of 20 percent of the street-facing façade, ore. The upper floor shall implement a façade height that is a minimum of two feet greater than the façade height of the floor immediately below. The greater façade height shall be made evident by taller windows or arrangement of combined windows.All façade materials, such as siding, window types, and architectural details, used on the street-facing façade shall be used on all other building façades.Variation in the street-facing façade planes shall be provided for buildings greater than one story by incorporating any combination of the following architectural solutions to achieve a minimum of 16 points:

Architectural features, such as:Skylights shall have a flat profile rather than domed.The total width of a single dormer or multiple dormers shall not exceed 50 percent of the total roof length at the street-facing façade. The dormer width shall be measured at dormer roof fascia, or widest part of the dormer.Carport roof materials shall be the same as the primary building.Buildings greater than two stories shall be designed to differentiate the base, middle, and top of the building on any street-facing façade. Each of these elements shall be distinguished from one another using at least two of the following solutions:
a. Variation in building mass for a minimum of 60 percent of the length of the street-facing façade through changes in the façade plane that protrude or recess with a minimum dimension of two feet;b. Balconies or habitable projections with a minimum depth of two feet for a minimum of 20 percent length of the street-facing façade; B.4. Façade Design and Articulation

ITEM NO. 18.

X
 Bay or box windows projecting a minimum of 18 inches from the façade plane and comprising a minimum of 20 percent of the fenestration on the upper floors of the facade; 6 points no sheet provided
Project does not comply. Bay windows are not proposed.

X
 Balconies or Juliet balconies provided on a minimum of 40 percent of the fenestration on the upper floors of the facade; 5 points A10.0, A10.1 Additional details required. This is marked as "yes". The plans do not clearly show/state how this is complied with. Provide this diagram and/or calculation in the plans. Additionally, fix the sheet reference as Sheets A10.0 and A10.1 show building sections.

X
 Landscaped trellises or lattices extending across a minimum of 65 percent of any level of the facade; 5 points no sheet provided Project does not comply. Landscaped trellices or lattices are not proposed.

X  Materials and color changes; 3 points A7.0, A7.1 Project complies.

X
 Eaves that overhang a minimum of two feet from the facade with supporting brackets; 3 points no sheet provided
Additional details required. This is now marked as "yes". The plans do not clearly show/state how this is complied with. Provide this diagram and/or calculation in the plans. Additionally, provide a sheet reference that shows eaves with a 2' overhang on both street-facing facades.

X
 Window boxes or plant shelves under a minimum of 60
percent of the fenestration on the upper floors of the facade; or 3 points no sheet provided Project does not comply. Window boxes are not proposed.

X  Decorative elements such as molding, brackets, or corbels 3 points no sheet provided Additional details required. This is now marked as "yes". The plans do not clearly show/state how this is complied with. Provide this diagram in the plans. Additionally, provide a sheet reference that shows the decorative elements "at all the railings", as you note in the ODS checklist.

TOTAL 8 points (16 needed) Project does not comply. Not enough points achieved. Provide justification.

X B.4.4 no sheet provided N/A. Garage doors are not proposed.

X B.4.5 DGO.1 / Note 5 Project complies.X B.4.6 no sheet provided Project complies.

X A3.0, A4.0
Project complies.

X A5.0, A2.0, A3.0, A4.0
Project complies.

X A5.1, A3.0, A4.0
Project complies.

X no sheet provided N/A. Commercial space is not proposed.

X B.4.7 A10.0, A10.1
Project complies.

X no sheet provided N/A. Individual entries on ground floor not proposed.

X A3.0, A2.0
Project complies.

X A3.0, A2.0 Project complies.X B.4.8 A7.0 Project complies.X B.4.9 A7.0, A7.1 Project complies.X A7.0 Project complies.

X no sheet provided N/A. Individual storefront bays are not proposed.

X A9.0
Project complies.

Awnings shall be subject to the following requirements:a. A minimum vertical clearance of eight feet measured from the pedestrian pathway;b. Shall not extend beyond individual storefront bays; and c. Shall not be patterned or striped.
b. For ground-floor commercial uses, façades facing a street shall include Pedestrian entries to buildings shall meet minimum dimensions to ensure adequate access based on use and development intensity. Building entries inclusive of the doorway and the facade plane shall meet the following minimum dimensions: a. Individual residential entries: five feet in width b. Single entry to multiple residential unit building, including Residential MixedUse buildings: eight feet in width c. Storefront entry: six feet in width
Mirrored windows are prohibited.Garage doors shall be recessed a minimum of 12 inches from the façade plane and Changes in building materials shall occur at inside corners.A primary building entrance shall be provided facing a street or community recreation space. Additionally, all development shall meet the following requirements:a. Pedestrian entries to ground-floor and upper-floor non-residential uses shall meet at least one of the following standards:i. The entrance shall be recessed in the façade plane at least three feet in depth; orii. The entrance shall be covered by an awning, portico, or other architectural element projecting from the façade a minimum of three feet.

ITEM NO. 18.

X B.4.10 no sheet provided
Project does not comply. The proposed balconies along the northern elevation do not comply. Provide a sheet reference and justification. The response says that the balconies would face a commercially zoned parcel to the north. This is true, however, the standard says "or existing singlefamily use." The property to the north is zoned C-1 but is used as a single-family residence.

Provide justification.

X B.4.11 DG0.3 / Note 8
Project does not comply. The proposed balconies would face the existing adjacent residential use to the north.

Provide justification.

X B.4.12 no sheet provided
N/A. Residential mixed-use is not proposed.

X no sheet provided N/A. Residential mixed-use is not proposed. X no sheet provided N/A. Residential mixed-use is not proposed. X no sheet provided N/A. Residential mixed-use is not proposed.

X B.4.13 DG0.3 / Note 9, A9.0 Project complies.

Residential Mixed-Use buildings shall provide at least one of the following features along street-facing façades where the façade exceeds 50 feet in length:a. A minimum five-foot offset from the façade plane for a length of at least 10 feet;b. Multiple pilasters or columns, each with a minimum width of two feet; or c. Common open space, such as a plaza, outdoor dining area, or other spaces.

Continuous blank façades on any floor level shall not exceed 25 percent of the entire façade length along any street.For buildings abutting a single-family zoning district or existing single-family use, no part of a rooftop or upper floor terrace or deck shall be closer than five feet from the facade plane of the lower floor, to prevent views into adjacent residential uses.Balconies are allowed on facades facing the street and those facades facing existing non-residential uses on abutting parcels. Such balconies shall be without any projections beyond the building footprint.

ITEM NO. 18.

Created: 2025-06-09 15:45:24 [EST]
(Supp. No. 97)

Sec. 29.20.185. Table of conditional uses.

An "X" indicates that an activity is allowed in a zone if a conditional use permit is issued. Activities listed in this table are only allowed where a conditional use permit is issued, or where the activity is specifically listed in the permitted uses for the zone.

TABLE OF CONDITIONAL
USES
RC HR R1 RD RM R1D RMH O C-1 C-2 CH LM CM
(1) Commercial
a. Banks X X X
b. Reserved
c. Drive-up window for any
business
X X X
d. Supermarket X X X
e. Super drugstore X X X
f. Department store X X X
g. Shopping center X X X
h. Motel X X
i. Hotel X X
j. Restaurant including those
with outdoor dining areas
or takeout food

X X X X X
k. Establishment selling
alcoholic beverages for
consumption on-premises

1. In conjunction with
a restaurant or
specialty food
retail use

X X X X

2. Without food
service (bar)
X

3. Tap/tasting room X X X X
l. Establishment selling
alcoholic beverages for
consumption off-premises
(this provision only applies
to establishments
commencing or expanding
off-premises sales after
April 23, 1981)
X X X

1. In conjunction with
a specialty food
retail use

X X X X
m. Convenience market X X X
n. Reserved
o. Formula retail business
greater than 10,000 s.f

X X X X
p. Reserved
q. New office building
approved or constructed
after May 1, 2006
X X X
r. New retail sales of
firearms, ammunition
X

ATTACHMENT C

ITEM NO. 18.

Created: 2025-06-09 15:45:24 [EST]
(Supp. No. 97)

and/or destructive devices
as set forth in section

29.70.100
(2) Recreation
a. Commercial recreation
and amusement
establishment

X X X X
b. Theater X
c. Outdoor entertainment X
d. Swimming pool for nonincidental use X X X X X X X X X X X X e. Private sports recreation
club

X X X X X X X X X X
f. Golf course X X X X X
(3) Community Services
a. Public building; police,
fire, community center,
library, art gallery,
museum

X X X X X X X X X X X X
b. Club, lodge, hall, fraternal
organization

X X X X X X X X X X
c. Church, monastery,
convent, and other
institutions for religious
observance

X X X X X X X X X X X
d. Mortuary, columbarium,
mausoleum

X X X X
e. Public transportation and
parking facilities

X X X X X X X X X X X X
f. Park, plaza, playground X X X X X X X X X X X X
g. Nonprofit youth groups X
(4) Schools
a. Public schools or college
not otherwise specified

X X X X X X X X X X X
b. Private school or college
not otherwise specified;
including a new private
school or college to be
located on grounds or
within buildings formerly
occupied by a public
school

X X X X X X X X X X X
c. Nursery school/day care
center, provided that each
shall be on a site not less
than 20,000 square feet in
area and in a building not
less than 2,000 square
feet in floor area

X X X X X X X X X X X
d. Family daycare home X X X X
e. Reserved
f. Vocational or trade school X X X
g. Business or professional
school or college

X X X X X
h. Art, craft, music, dancing
school, group classes
X
(5) Health Services

ITEM NO. 18.

Created: 2025-06-09 15:45:24 [EST]
(Supp. No. 97)

a. Hospital X
b. Convalescent hospital X X X X X X X
c. Residential care facilitysmall family home X X X X
d. Residential care facilitylarge family home X X X X X X X X X X e. Residential care facilitygroup home X X X X X X X X X X (6) Transmission Facilities/Utilities
a. Public utility service yard,
station, transmission lines,
storage tank, drainage or
communication facilities

X X X X X X X X X X X X
b. Antenna facilities
operated by a public or
private utility for
transmitting and receiving
cellular telephone and
other wireless
communications

X X X X X X X X X X X X
c. Radio and/or broadcast
studios

X X X X X X
(7) Automotive (Vehicle sales, service
and related activities)
a. Vehicle sales and rental X X X
b. Reserved
c. Vehicle tires and
accessories, sales,
servicing, recapping
X X
d. Vehicle body repair and
painting
X X
e. Vehicle repair and service
(garage)
X X
f. Service station X X X X
g. Parking lots or storage
garages, not accessory to
another use
X X
h. Car wash X
i. Truck terminal X X
j. Recreational vehicle and
equipment storage yard
X X X
k. Temporary auto storage
for automobile dealers

X X X X X X X X X X X X
l. Parking lots that serve a
nearby commercial use
located on a previously
unimproved property in
the R-1:12 zone on an
arterial street
X
m. >Sales, service, and repair
of electric vehicles as set
forth in Section 29.10.020
X X X
(8) Residential Uses
a. One-family dwelling (in a
mixed-use project)
X X X
b. Two-family dwelling (in a
mixed-use project)
X X X

ITEM NO. 18.

Created: 2025-06-09 15:45:24 [EST]
(Supp. No. 97)

c. Multiple-family dwelling
(in a mixed-use project)

X X X X
d. Mobile home park X
e. Caretaker residence X X
f. Reserved
g. Conversion of a mobile
home park to any other
use
X X
h. Live/work units X X X X X
(9) Agriculture and Animal Services
a. Botanical nursery X X X X X X X X X X X X
b. Dairying X X
c. Veterinary hospital
(without kennel)

X X X X
d. Kennel X X X
e. Commercial and private
stables and riding
academies

X X X X X
f. Wineries that have been
legally and continuously
operating for at least 50
years or is operated in
conjunction with a
vineyard
X
g. Aviaries and other
wholesaling animal-raising
facilities
X X X
h. Vineyards, orchards, and
agricultural or farming
activities greater than
3,000 s.f.

X X X
(10) Light Industrial
a. Large recycling collection
facilities
X X
b. Large recycling collection
facilities operated by a
public agency

X X X X X X X X X X X X X
c. Equipment rental yard X X X
d. Construction materials
yard
X X
e. Bulk fuel storage and sales X X
f. Dry cleaning plants X X X
g. Hazardous waste
management facility
X
(11) Other
a. Outdoor storage X X X
b. Changing the activity in a
nonconforming building

X X X X X X X X X X X X
c. 24 hour businesses or
businesses open between
the hours of 2:00 a.m. and
6:00 a.m.

X X X X X X
(Ord. No. 1316, § 5.20.205, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1367, 9-19-77; Ord. No. 1369, 10-3-77; Ord. No. 1375, 11-21-77; Ord. No. 1405, 9-5-78; Ord. No. 1417, 2-20-79; Ord. No. 1476, 9-15-80; Ord. No. 1483, 12-2-80;

ITEM NO. 18.

Created: 2025-06-09 15:45:24 [EST]
(Supp. No. 97)

Ord. No. 1493, 3-17-81; Ord. No. 1506, 7-6-81; Ord. No. 1531, 4-20-82; Ord. No. 1546, 8-16-82; Ord. No. 1555, 10- 25-82; Ord. No. 1571, 3-7-83; Ord. No. 1596, 10-24-83; Ord. No. 1654, 4-22-85; Ord. No. 1667, 12-2-85; Ord. No. 1701, 12-15-86; Ord. No. 1724, 5-18-87; Ord. No. 1725, 6-1-87; Ord. No. 1729, 6-15-87; Ord. No. 1732, 7-20-87; Ord. No. 1737, § V, 11-2-87; Ord. No. 1746, 3-21-88; Ord. No. 1835, § III, 7-16-90; Ord. No. 1842, § II, 4-1-91; Ord.

No. 1896, § I, 4-6-92; Ord. No. 1961, § I, 11-15-93; Ord. No. 1993, § I, 1-3-95; Ord. No. 2006, § IIA, 11-6-95; Ord. No. 2011, § I, 3-4-96; Ord. No. 2107, § II, 11-4-02; Ord. No. 2115, § III, 9-15-03; Ord. No. 2131, § I, 5-3-04; Ord. No. 2132, § II, 5-17-04; Ord. No. 2149, § I, 5-1-06; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2222, §I(Exh. A), 10-21- 13; Ord. No. 2233, § I(Exh. A), 8-5-14; Ord. No. 2273, § I, 5-1-18; Ord. No. 2280, § I, 3-19-19; Ord. No. 2304, § II, 2- 18-20; Ord. No. 2306, § I, 4-21-20; Ord. No. 2310, § I, 8-4-20; Ord. No. 2342, §§ X, XI, 8-1-23)

ITEM NO. 18.
- CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE I. - IN GENERAL
DIVISION 2. TREE PROTECTION
Los Gatos, California, Code of Ordinances Created: 2025-06-09 15:45:21 [EST] (Supp. No. 97)

DIVISION 2. TREE PROTECTION1
Sec. 29.10.0950. Intent.

This division is adopted because the Town of Los Gatos is forested by many native and non-native trees and contains individual trees of great beauty. The community of the Town benefit from preserving the scenic beauty of the Town, preventing erosion of topsoil, providing protection against flood hazards and risk of landslides, counteracting pollutants in the air, maintaining climatic balance, and decreasing wind velocities. It is the intent of this division to regulate the removal of trees within the Town in order to retain as many trees as possible consistent with the purpose of this section and the reasonable use of private property. While trees provide multiple benefits, it is also the intent of this division to acknowledge that a portion of the Town is located in a Very High Fire Hazard Severity Zone, as defined by the California Department of Forestry and Fire Protection (CAL FIRE) and the associated wildfire threat that exists for the community. It is the intent of this division to preserve as many protected trees as possible throughout the Town through staff review and the development review process.

Special provisions regarding hillsides are included in section 29.10.0987 of this division in recognition of the unique biological and environmental differences between the hillside and non-hillside areas of the Town. This section does not supersede the provisions of Chapter 26 of this Code. (Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2303, § II, 2-4-20) Sec. 29.10.0955. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section:

Building envelope means the area of a parcel (1) upon which, under applicable zoning regulations, a structure may be built outside of required setbacks without a variance or; (2) that is necessary for the construction of primary access to structures located on the parcel, where there exists no feasible means of access which would avoid protected trees. On single-family residential parcels, the portion of the parcel deemed to be the building envelope access shall not exceed ten (10) feet in width.

Certified or consulting arborist means an individual in the profession of arboriculture who, through experience, education, and related training, possesses the competence to provide a tree report, tree survey or supervise the care and maintenance of trees; and who is certified by the International Society of Arboriculture, a member of the American Society of Consulting Arborists or approved by the director.

Damage means any action undertaken intentionally or negligently which causes short-term or long-term injury, death, or disfigurement to a tree. This includes but is not limited to mechanical injury, cutting of roots or limbs, poisoning, over-watering, relocation or transplanting a tree, or trenching, grading, compaction, excavating, paving, or installing impervious surface within the root zone of a protected tree. 1 Ord. No. 2240, § I(Exh. B), adopted June 2, 2015, amended Div. 2 to read as herein set out. Former Div. 2, §§

29.10.0950—29.10.1045, pertained to similar subject matter, and derived from Ord. No. 2114, §§ I, II, adopted Aug. 4, 2003.

ATTACHMENT D

ITEM NO. 18.

Created: 2025-06-09 15:45:20 [EST]
(Supp. No. 97)

Dead tree means a tree that cannot be restored to good health and has at least one (1) of the following characteristics:
(1) Is completely devoid of life;
(2) Has no leaves at a time when it should;
(3) Exhibits no buds if dormant;
(4) Is incapable of translocating food and water between leaves and roots; or (5) Has a high likelihood of imminent death in the opinion of the Town Arborist.

Destroy means to cause the premature decline of tree health or life as evaluated and determined by the Town Arborist.

Defensible Space means an area around the perimeter of a structure in which vegetation, debris, and other types of combustible fuels are treated, cleared, or reduced to slow the rate and intensity of potentially approaching wildfire or fire escaping from structures.

Development means any work upon any property in the Town which requires a subdivision, rezoning, planning permit, variance, use permit, building permit, demolition permit, grading permit or other Town approval or which involves survey work, story pole placement, excavation, landscaping, construction, etc., or clearing and grubbing within the dripline or any area that would affect a protected tree.

Diameter means measurement of the trunk diameter for the purpose of applying this section shall be made four and one-half (4.5) feet (fifty-four (54) inches) above natural grade. Measurement of multi-trunked trees shall be determined by the sum of all trunk diameters measured at four and one-half (4.5) feet (fifty-four (54) inches) above natural grade.

Director means the Director of Community Development or the Director's designated representative.

Dripline area means the area around the trunk of the tree extending out a distance ten (10) times the diameter of the trunk, or the perimeter of the tree canopy, whichever is greater.

Heritage tree means a tree or grouping of trees specifically designated by action of the Town Council, upon the recommendation of the Historic Preservation Commission, that possess exceptional aesthetic, biological, cultural, or historic value and is expected to have a continuing contribution to the community, Hillside means all properties located within the area defined by the hillside area map as contained in the Town of Los Gatos Hillside Development Standards and Guidelines.

Large protected tree means any oak (Quercus), California buckeye (Aesculus californica), or Pacific madrone (Arbutus menziesii) which has a 24-inch or greater diameter (75-inch circumference); or any other species of tree with a 48-inch or greater diameter (150-inch circumference).

Mechanical injury means injury done to a tree either intentionally or negligently that leads to deviation from normal growth or physical damage or death to the tree. Common causes of mechanical injury are landscape maintenance equipment, staking damage, vehicles, or vandalism.

Multi-trunk tree means a tree that has more than one (1) major supporting stem or trunk growing from a single root mass located at ground level or just above the trunk flare.

Native means any tree that is found in the immediate natural habitat. For instance, redwood trees are native to the Santa Cruz Mountains but they are not native to the oak woodlands and chaparral areas of Los Gatos.

Pollarding means a pruning technique where the ends of the branches of a tree are terminated with a heading cut to a predetermined length, and then resultant epicormic shoots that emerge from just below the heading cut are cut back on an annual basis, forming an enlarging "knob" or knuckle" at the end of the remaining branches over time. Pollarding should be done on small branches no more than two (2) inches in diameter and is

ITEM NO. 18.

Created: 2025-06-09 15:45:20 [EST]
(Supp. No. 97)

only allowed without a permit on fruitless mulberry trees (Morus alba) or other species approved by the Town Arborist.

Protected tree means a tree regulated by the Town of Los Gatos as set forth in Section. 29.10.0960, Scope of protected trees.

Pruning means the selective removal of plant parts to meet specific goals and objectives, including but not limited to: safety and risk reduction; clearance; health maintenance; aesthetic improvement; growth control; and to enhance performance or function by developing and preserving tree structure and health. All pruning shall be in accordance with the current version of the International Society of Arboriculture Best Management Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub and Other Woody Plant Management-Standard Practices, (Pruning).

Public nuisance, means any tree, shrub, plant or part thereof growing in, or overhanging, a public street or right-of-way, interfering with the use of any public street or public place in the Town, or tree which, in the opinion of the Director, endangers the life, health, safety, comfort or property of any persons using such public street, or in such public place, because of the tree's or shrub's location, condition of its limbs, roots or trunk, or because of its diseased condition, is hereby declared to be a public nuisance.

Public place means any road or street, or public school, or place of public assemblage, or real property, building, or other space or area which is open to public access, and which is under public control, or maintained at public expense, or which the Town or the County of Santa Clara, or the State of California, or the United States, as the case may be, owns some or all interest or which it leases.

Public street means all or any portion of territory within the Town set apart and designated for the use of the public as a thoroughfare for travel, including the sidewalks, curb and gutter.

Remove means any of the following: (1) Complete removal, such as cutting to the ground or extraction, of a protected tree or one (1) of its multi-trunks; (2) Taking any action foreseeably leading to the death of a tree or permanent damage to its health; including but not limited to severe pruning, cutting, girdling, poisoning, overwatering, unauthorized relocation or transplanting of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree.

Severe pruning means topping or removal of foliage or significant scaffold limbs or large diameter branches so as to cause permanent damage and/or disfigurement of a tree, and/or which does not meet specific pruning goals and objectives as set forth in the current version of the International Society of Arboriculture Best Management Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub and Other Woody Plant ManagementStandard Practices, (Pruning). Severe Pruning shall also include pruning as described in section 29.10.1010(3) of this chapter.

Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen (15) feet high at maturity.

Significant impact on a property from a tree means an unreasonable interference with the normal and intended use of the property. In determining whether there is a significant impact, the typical longevity of the subject tree species, the size of the tree relative to the property, and whether the condition can be corrected shall be considered. Normal maintenance, including but not limited to pruning not requiring a permit under this division, and leaf removal and minor damage to paving or fences shall not be considered when making a determination of significant impact.

Street tree means a tree in a public place, or along or within a public street or right-of-way.

Topping means the practice of cutting back large diameter branches of a tree, including but not limited to cutting of a central leader, to some predetermined lower height to reduce the overall height of the tree, where the remaining buds, stubs or lateral branches are not large enough to assume a terminal role.

Tree means a woody perennial plant characterized by having a main stem or trunk, or a multi stemmed trunk system with a more or less definitely formed crown, and is usually over ten (10) feet high at maturity.

ITEM NO. 18.

Created: 2025-06-09 15:45:20 [EST]
(Supp. No. 97)

Tree canopy replacement standard means a replacement tree formula to mitigate removal of a protected tree. The standard is based on measuring the widest distance across the canopy of a tree for the purpose of determining the mitigating size and number of replacement trees.

Tree protection zone (TPZ) means the area of a temporary fenced tree enclosure under the tree's dripline or as specified in a report prepared by a certified or consulting arborist. The TPZ is a restricted activity zone before and after construction where no soil disturbance is permitted unless approved and supervised by the certified or consulting arborist.

Tree Risk Rating means a categorization of risk based on an assessment of the likelihood of failure and impact and the consequences such failure and impact would have on life, property, utilities, or essential transportation systems. For purposes of this division, Tree Risk Rating shall be the rating of tree risk as provided for in the International Society of Arboriculture (ISA) Tree Risk Assessment Best Management Practices Tree Risk Rating Matrix, which categorizes risk as Extreme, High, Moderate or Low.

Tree value standard means the method of appraising a tree's value to a property using the Trunk Formula Method or Replacement Cost Method as described in the most recent edition of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers (CTLA) and the Species Classification and Group Assignment by the Western Chapter of the International Society of Arboriculture (ISA).

Trunk means the primary structural woody part of the tree beginning at and including the trunk flare and extending up into the crown from which scaffold branches grow.

Trunk flare means the area at the base of the plant's trunk where it broadens to form roots and is the transition area between the root system and the trunk.
(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2303, § II, 2-4-20; Ord. No. 2331, § 1, 5-3-22) Sec. 29.10.0960. Scope of protected trees.

This division shall apply to every property owner and to every person, corporation, partnership, sole proprietorship or other entity responsible for removing, maintaining or protecting a tree. The trees protected by this division are:
(1) All trees which have a twelve-inch or greater diameter (thirty-seven and one-half-inch circumference) of any trunk or in the case of multi-trunk trees, a total of eighteen inches or greater diameter (fifty-six and one-half-inch circumference) of the sum of all trunks, where such trees are located on developed residential property.
(2) All trees which have an eight-inch or greater diameter (twenty-five-inch circumference) of any trunk or in the case of multi-trunk trees, a total of eight inches or greater diameter (twenty-five-inch circumference) of the sum of all trunks, where such trees are located on developed Hillside residential property.
(3) All trees of the following species which have an eight-inch or greater diameter (twenty-five-inch circumference) located on developed residential property:
a. Blue Oak (Quercus douglasii);
b. Black Oak (Quercus kellogii);
c. California Buckeye (Aesculus californica);
d. Pacific Madrone (Arbutus menziesii).

ITEM NO. 18.

Created: 2025-06-09 15:45:20 [EST]
(Supp. No. 97)

(4) All trees which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk, when removal relates to any review for which zoning approval or subdivision approval is required.
(5) Any tree that existed at the time of a zoning approval or subdivision approval and was a specific subject of such approval or otherwise covered by subsection (6) of this section (e.g., landscape or site plans). (6) Any tree that was required by the Town to be planted or retained by the terms and conditions of a development application, building permit or subdivision approval in all zoning districts, tree removal permit or code enforcement action.
(7) All trees, which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk and are located on property other than developed residential property. (8) All publicly owned trees growing on Town lands, public places or in a public right-of-way easement, which have a four-inch or greater diameter (twelve and one-half-inch circumference) of any trunk. (9) A protected tree shall also include a stand of trees, the nature of which makes each dependent upon the other for the survival of the stand.
(10) The following trees shall also be considered protected trees and shall be subject to the pruning permit requirements set forth in section 29.10.0982 and the public noticing procedures set forth in section

20.10.0994:
a. Heritage trees;
b. Large protected trees.
(Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.0965. Prohibitions.

Except as provided in section 29.10.0970, it shall be unlawful:
(1) To remove or cause to be removed any protected tree in the Town without first obtaining a permit pursuant to this chapter.
(2) To prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over a three-year period, affecting twenty-five (25) percent or more of any protected tree without first obtaining a permit pursuant to this chapter.
(3) To prune, trim, or cut any branch or root greater than four (4) inches in diameter (twelve and one-half (12.5) inches in circumference) of a Heritage tree or large protected tree without first obtaining a permit pursuant to this chapter.
(4) To conduct severe pruning as defined in section 29.10.0955 without first obtaining a permit pursuant to this chapter.
(5) For any person or business entity engaged in the business of removing trees or tree care to perform work requiring a permit under this division without first obtaining a permit under this division. The permit shall be posted on-site at all times during the removal or permitted pruning of a tree and must be made available upon request from the Chief of Police, Code Compliance Officer, Director of Parks and Public Works Department, or their designee. After a second violation, the Los Gatos business license of the violating person or entity shall be suspended for a period of one (1) year. (Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22)

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

Sec. 29.10.0970. Exceptions.

The following trees are excepted from the provisions of this division and may be removed or severely pruned without Town approval or issuance of a tree removal permit:
(1) A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference). (2) Any of the following trees that are less than twenty-four (24) inches in diameter (seventy-five (75) inches in circumference):
a. Black Acacia (Acacia melanoxylon)
b. Tulip Tree (Liriodendron tulipifera)
c. Tree of Heaven (Ailanthus altissima)
d. Blue Gum Eucalyptus (E. globulus)
e. Red Gum Eucalyptus (E. camaldulensis)
f Other Eucalyptus (E. spp.)-Hillsides only
g. Palm (except Phoenix canariensis)
h. Privet (Ligustrum lucidum)
(3) Any removal or maintenance of a tree to conform with the implementation and maintenance of Defensible Space per Chapter 9 - Fire Prevention and Protection with the exception of any tree listed in subcategories (3) and (10) of Section 29.10.0960 - Scope of Protected Trees. (Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2303, § II, 2-4-20) Sec. 29.10.0975. Emergency action.

A protected tree may be removed or severely pruned without a permit where it presents an imminent danger to life, property, utilities or essential transportation systems and a Tree Risk Rating of Extreme or High is present. In such event, the property owner or representative shall be responsible for the following:
(1) Notify the Town Parks and Public Works Department during business hours or the Police Department after business hours and request authorization of the proposed emergency action, including removal or severe pruning.
(2) Emergency action may be authorized by the Director, Town Manager, Parks and Public Works Director, Town Arborist or their designees, or a member of the police or fire department or other emergency personnel when the situation and conditions warrant immediate action to protect life or property and other Town officials are unavailable.
(3) No later than seventy-two (72) hours after the emergency action has been taken the property owner shall submit photo documentation and written verification to the Town confirming the emergency condition and describing the action taken.

If the Director determines that the condition was not reasonably determined to have been an emergency requiring immediate action, the person responsible for removing or damaging the protected tree shall be subject to fines and penalties as set forth in section 29.10.1025. (Ord. No. 2240, § I(Exh. B), 6-2-15)

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

Sec. 29.10.0980. Applications for a tree removal or severe pruning permit.

Applications for a protected tree removal or severe pruning permit for trees on private property shall be available from and filed with the Town as indicated on the application. Application submittals for the removal of trees on public property (street trees) are provided for in section 26.10.060 of the Town Code. Applications for tree removal or severe pruning on private property may be granted, denied or granted with conditions. Application submittals for removal or severe pruning of trees on private property shall include the following minimum information for staff review:
(1) A completed tree removal application form, signed by the property owner. (2) A written explanation of why each tree(s) should be removed or pruned and how it meets the Town's Standards of Review.
(3) Photograph(s) of the tree(s).
(4) If required by the Director, a certified or consulting arborist's written assessment of the tree's disposition shall be provided for review by the Town. The report shall be signed by the arborist and include tree size (diameter, height, crown spread); location on the site; numbered on a site plan or arborists tree survey (if there is more than one (1) tree); condition of health; condition of structure; and if tree risk findings apply, a Tree Risk Assessment and Rating must be completed using the most recent version of the Tree Risk Assessment Best Management Practices or any successor document published by the International Society of Arboriculture. Other information, images, etc. may be included in the report.
(5) If structural damage to a building, major landscape feature, or appurtenance, including utilities is the basis for the request, a report from a licensed architect or engineer may also be required in addition to an arborist report. This additional report shall describe what modifications to buildings, structures, improvements or utilities would be required to mitigate the damage(s) directly caused by the tree. (6) Payment of permit fee, as established by Town resolution. (Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.0982. Applications for heritage and large protected tree pruning permit.

A pruning permit is required where pruning of branches or roots greater than four (4) inches in diameter is proposed for any Heritage tree or large protected tree. Applications shall be available from and filed with the Town. Applications for pruning may be granted, denied or granted with conditions. Application submittals under this section shall include the following minimum information for staff review:
(1) A completed pruning permit application, signed by the property owner. (2) A written description of the proposed pruning including the pruning objectives and pruning methods to be used consistent with International Society of Arboriculture Best Management Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub and Other Woody Plant Management-Standard Practices, (Pruning).
(3) Photographs of the tree indicating as best possible where pruning is to occur. (4) If required by the Director, a certified or consulting arborist's written report describing the proposed pruning.
(5) If structural damage to a building, major landscape feature, or appurtenance, including utilities is the basis for the request, a report from a licensed architect or engineer may be required in addition to an

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

arborist report. This additional report shall describe what modifications to buildings, structures, improvements or utilities would be required to mitigate the damages directly caused by the tree. (6) Payment of permit fee, as established by Town resolution. (Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.0985. Determination and conditions of permit.

The Director shall determine whether to grant a permit. The Director may consult with other Town departments or outside agencies at his/her discretion. When a development application for any zoning approval, or subdivision of land, including lot line adjustment, is under consideration by the Planning Commission, the determination on the tree removal permit shall be made concurrently by the Planning Commission with the related matter. The Director or the deciding body may mpose, except when removal is permitted if the tree is dead or a Tree Risk Rating of Extreme or High is present, as a condition on which a protected tree removal permit is granted that two (2) or more replacement trees of a species and a size designated by the Director or designee, shall be planted in the following order of preference:
(1) Two (2) or more replacement trees, of a species and size designated by the Director, shall be planted on the subject private property. Table 3-1, Tree Canopy-Replacement Standard shall be used as a basis for this requirement. The person requesting the permit shall pay the cost of purchasing and planting the replacement trees.
(2) If a tree or trees cannot be reasonably planted on the subject property, an in-lieu payment in an amount set forth by the Town Council by resolution shall be paid to the Town Tree Replacement Fund to:
a. Add or replace trees on public property in the vicinity of the subject property; or b. Add or replace trees or landscaping on other Town property; or c. Support the Town's urban forestry management program.

Table 3-1 — Tree Canopy — Replacement Standard
Canopy Size of Removed Tree1 Replacement
Requirement2, 4
Single Family Residential
Replacement Option3, 4
10 feet or less Two 24-inch box trees Two 15-gallon trees More than 10 feet to 25 feet Three 24-inch box trees Three 15-gallon trees More than 25 feet to 40 feet Four 24-inch box trees; or Two 36-inch box trees
Four 15-gallon trees
More than 40 feet to 55 feet Six 24-inch box trees; or
Three 36-inch box trees
Not Available
Greater than 55 feet Ten 24-inch box trees; or
Five 36-inch box trees
Not Available
Notes
1 To measure an asymmetrical canopy of a tree, the widest measurement shall be used to determine canopy size.
2 Often, it is not possible to replace a single large, older tree with an equivalent tree(s). In this case, the tree may be replaced with a combination of both the Tree Canopy Replacement Standard and in-lieu payment in an amount set forth by Town Council resolution paid to the Town Tree Replacement Fund.

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

3 Single Family Residential Replacement Option is available for developed single family residential lots under n thousand (10,000) square feet that are not subject to the Town's Hillside Development Standards and Guidelines. All fifteen-gallon trees must be planted on-site. Any in-lieu fees for single family residential shall be based on twenty-four-inch box tree rates as adopted by Town Council. 4 Replacement Trees shall be approved by the Town Arborist and shall be of a species suited to the available planting location, proximity to structures, overhead clearances, soil type, compatibility with surrounding canopy and other relevant factors. Replacement with native species shall be strongly encouraged but is required for Hillside properties, as per section 29.10.0987, Special Provisions Hillsides, with tree species per Hillside Development Standards and Guidelines Appendix A. (Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22) Sec. 29.10.0987. Special provisions-hillsides
The Town of Los Gatos recognizes its hillsides as an important natural resource and sensitive habitat which is also a key component of the Town's identity, character and charm. In order to maintain and encourage restoration of the hillside environment to its natural state, the Town has established the following special provisions for tree removal and replacement in the hillsides:
(1) All protected trees located thirty (30) or more feet from the primary residence that are removed shall be replaced with native trees listed in Appendix A Recommended Native Trees for Hillside Areas of the Town of Los Gatos Hillside Development Standards and Guidelines (HDS&G). (2) All protected trees located within thirty (30) feet of the primary residence that are removed shall be replaced as follows:
(a) If the removed tree is a native tree listed in Appendix A of the HDS&G, it shall only be replaced with a native tree listed in Appendix A of the HDS&G.
(b) If the removed tree is not listed in Appendix A, it may be replaced with a tree listed in Appendix A, or replaced with another species of tree as approved by the Director. (c) Replacement trees listed in Appendix A may be planted anywhere on the property. (d) Replacement trees not listed in Appendix A may only be planted within thirty (30) feet of the primary residence.
(3) Replacement requirements shall comply with the requirements in Table 3-1, Tree Canopy— Replacement Standard of this Code.
(4) Property owners should be encouraged to retain dead or declining trees where they do not pose a safety or fire hazard, in order to foster wildlife habitat and the natural renewal of the hillside environment.
(Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.0990. Standards of review.

The Director or deciding body shall review each application for a tree removal permit required by this division using the following standards of review. The standards of review are intended to serve as criteria for evaluating tree removal requests and the basis upon which the Director or the deciding body will subsequently determine whether or not one (1) or more of the Required Findings listed in section 29.10.0992 can be made.

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

(1) The condition of the tree or trees with respect to: (a) disease, (b) imminent danger of falling, (c) structural failure, (d) proximity to existing or proposed structures, (e) structural damage to a building, or (f) a public nuisance caused by a tree. The International Society of Arboriculture (ISA) Best Management Practices for Tree Risk Assessment shall be used where appropriate in determining a Tree Risk Rating.
(2) The condition of the tree giving rise to the permit application cannot be reduced to a less than significant level by the reasonable application of preservation, preventative measures or routine maintenance.
(3) The removal of the tree(s) will not result in a density of trees or tree cover that is inconsistent with the neighborhood.
(4) The number of trees the particular parcel can adequately support according to good urban forestry practices, or whether a protected tree is a detriment to or crowding another protected tree. (5) In connection with a proposed subdivision of land into two (2) or more parcels, the removal of a protected tree is unavoidable due to restricted access to the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.).
(6) Except for properties located within the hillsides, the retention of a protected tree would result in reduction of the otherwise-permissible building envelope by more than twenty-five (25) percent. (7) The Hillside Development Standards and Guidelines.
(8) Removal of the protected tree(s) will not result in a substantial adverse change in the site's aesthetic and biological significance; the topography of the land and the effect of the removal of the tree on erosion, soil retention, or diversion or increased flow of surface waters. (9) Whether the Protected Tree has a significant impact on the property. Significant impact from a tree is defined in section 29.10.0955. Definitions.
(10) The species, size (diameter, canopy, height), estimated age and location on the property of the protected tree.
(Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.0992. Required findings.

The Director, Director's designee, or deciding body shall approve a protected tree removal permit, severe pruning permit, or pruning permit for Heritage trees or large protected trees only after making at least one (1) of the following findings:
(1) The tree is dead, severely diseased, decayed or disfigured to such an extent that the tree is unable to recover or return to a healthy and structurally sound condition. (2) The tree has a tree risk rating of Extreme or High on the ISA Tree Risk Rating Matrix as set forth in the ISA Tree Risk Assessment Best Management Practices, or successor publication. (3) The tree is crowding other protected trees to the extent that removal or severe pruning is necessary to ensure the long-term viability of adjacent and more significant trees. (4) The retention of the tree restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly situated properties, and the applicant has demonstrated to the satisfaction of the Director or deciding body that there are no reasonable alternatives to preserve the tree.

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

(5) The tree has, or will imminently, interfere with utility services where such interference cannot be controlled or remedied through reasonable modification, relocation or repair of the utility service or the pruning of the root or branch structure of the tree; or where removal or pruning is required by a public utility to comply with California Public Utility Commission (CPUC) or Federal Energy Regulatory Commission (FERC) rules or regulations.
(6) The tree has caused or may imminently cause significant damage to an existing structure that cannot be controlled or remedied through reasonable modification of the root or branch structure of the tree. (7) Except for properties within the hillsides, the retention of the protected tree would result in reduction of the otherwise-permissible building envelope by more than twenty-five (25) percent. (8) The removal of the tree is unavoidable due to restricted access to the property. (9) The removal of the tree is necessary to repair a geologic hazard. (10) The removal of the tree and replacement with a more appropriate tree species will enhance the Town's urban forest.
(11) The removal of the tree is necessary to conform with the implementation and maintenance of Defensible Space per Chapter 9 - Fire Prevention and Protection per direction by the Fire Chief or his/her designee.
(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2303, § II, 2-4-20) Sec. 29.10.0994. Additional procedures for heritage and large protected tree removal or pruning permits.
(1) These procedures are established for the review of Heritage tree and large protected tree removal or pruning permit applications where a permit is requested for a tree that is not dead, severely disfigured, profoundly diseased, or an Extreme or High Risk on the ISA Tree Risk Rating Matrix, and where findings (1) or (2) above cannot be made.
(2) In addition to the fee and application materials required by section 29.10.0980 or section 29.10.0982, the applicant will be required to submit one (1) set of stamped, addressed envelopes for neighboring residents and property owners. The Planning Department will assist the applicant in determining the properties to be notified (all properties abutting the applicant's parcel, properties directly across the street and the two (2) parcels on each side of it).
(3) The Director shall review the application using the Standards of Review set forth in section 29.10.0990 and the Required Findings set forth in section 29.10.0992.
(4) If the Director intends to approve the application, a "Notice of Pending Issuance of Tree Removal or Pruning Permit" will be mailed to neighboring residents and property owners including any applicable conditions, and required tree replacement requirements. The notice will describe the proposed tree removal or pruning, and that the permit will be issued unless there is an objection. Any interested party shall have ten (10) days from the date of the "Notice of Pending Issuance of Tree Removal or Pruning Permit" to notify the Director in writing of any concerns or problems.
(5) If a written objection is not filed within the ten-day period, the permit will be issued. If a written objection is filed and a resolution is found that meets all parties' concerns then the permit will also be issued. (6) If an objection is filed in a timely manner and a mutually acceptable resolution cannot be agreed upon with the Director within ten (10) days, the objecting party shall be so advised and shall be provided an additional five (5) days to file a formal appeal of the tree removal or pruning permit with the Town, which shall be

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

scheduled for consideration by the Planning Commission. All property owners and residents notified under section 29.10.0994(4) shall be notified of the Planning Commission meeting. (7) Trees removed illegally or damaged shall require the issuance of a retroactive tree removal permit. Once this retroactive permit is issued, and all conditions fulfilled, along with any assessed monetary penalties paid and replacement requirements completed , then any Stop Work Order shall be removed. (Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22) Sec. 29.10.0995. Disclosure of information regarding existing trees. (a) Any application for a discretionary development approval, or for a building, grading or demolition permit where no discretionary development approval is required, shall be accompanied by a signed tree disclosure statement by the property owner or authorized agent which discloses whether any protected trees exist on the property which is the subject of the application, and describing each such tree, its species, size (diameter, canopy dripline area, height) and location. This requirement shall be met by including the following information on plans submitted in connection with the development application. (b) The location of all trees on the site and in the adjacent public right-of-way which are within thirty (30) feet of the area proposed for development, and trees located on adjacent property with canopies overhanging the project site, shall be shown on the plans, identified by species, size (diameter, canopy, dripline area, height), and location.
(c) Within the dripline area or area that would affect a protected tree, the location of shrubs and other vegetation subject to development shall be shown on the plans. (d) The director may require submittal of such other information as is necessary to further the purposes of this division including but not limited to photographs.
(e) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading, trenching or paving.
(f) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this division.
(Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.1000. New property development.
(a) A tree survey shall be conducted prior to submittal of any development application proposing the removal of or impact to one (1) or more protected trees. The development application shall include a Tree Survey Plan and Tree Preservation Report based on this survey. The tree survey inventory numbers shall correspond to a numbered metal tag placed on each tree on site during the tree survey. Tree survey inventory number tags in place from previous tree surveys, if easily visible, shall be retained and used in any new tree survey report.

The tree survey plan shall be prepared by a certified or consulting arborist, and shall include the following information:
(1) Location of all existing trees on the property as described in section 29.10.0995; (2) Identify all trees that could potentially be affected by the project (directly or indirectly-immediately or in long term), such as upslope grading or compaction outside of the dripline; (3) Notation of all trees classified as protected trees;

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

(4) In addition, for trees four (4) inches in diameter or larger, the plan shall specify the precise location of the trunk and crown spread, and the species, size (diameter, height, crown spread) and condition of the tree.
(b) The tree survey plan shall be reviewed by the Town's consulting arborist who shall, after making a field visit to the property, indicate in writing or as shown on approved plans, which trees are recommended for preservation (based on a retention rating of high/moderate/low) using, as a minimum, the Standards of Review set forth in section 29.10.0990. This plan shall be made part of the staff report to the Town reviewing body upon its consideration of the application for new property development; (c) When development impacts are within the dripline of or will affect any protected tree, the applicant shall provide a tree preservation report prepared by a certified or consulting arborist. The report, based on the findings of the tree survey plan and other relevant information, shall be used to determine the health and structure of existing trees, the effects of the proposed development and vegetation removal upon the trees, recommendations for specific precautions necessary for their preservation during all phases of development (demolition, grading, during construction, landscaping); and shall also indicate which trees are proposed for removal. The tree preservation report shall stipulate a required tree protection zone (TPZ) for trees to be retained, including street trees, protected trees and trees whose canopies are hanging over the project site from adjacent properties. The TPZ shall be fenced as specified in section 29.10.1005:
(1) The final approved tree preservation report shall be included in the building permit set of development plans and printed on a sheet titled: Tree Preservation Instructions (Sheet T-1). Sheet T-1 shall be referenced on all relevant sheets (civil, demolition, utility, landscape, irrigation) where tree impacts from improvements may be shown to occur;
(2) The Town reviewing body through its site and design plan review shall endeavor to protect all trees recommended for preservation by the Town's consulting arborist. The Town reviewing body may determine if any of the trees recommended for preservation should be removed, if based upon the evidence submitted the reviewing body determines that due to special site grading or other unusual characteristics associated with the property, the preservation of the tree(s) would significantly preclude feasible development of the property as described in section 29.10.0990; (3) Approval of final site or landscape plans by the appropriate Town reviewing body shall comply with the following requirements and conditions of approval:
a. The applicant shall, within ninety (90) days of final approval or prior to issuance of a grading or building permit, whichever occurs first, secure an appraisal of the condition and value of all trees included in the tree report affected by the development that are required to remain within the development using the Tree Value Standard methodology as set forth in this Chapter. The appraisal of each tree shall recognize the location of the tree in the proposed development. The appraisal shall be performed in accordance with the current edition of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers (CTLA) and the Species and Group Classification Guide published by the Western Chapter of the International Society of Arboriculture. The appraisal shall be performed at the applicant's expense, and the appraisal shall be subject to the Director's approval.
b. The site or landscape plans shall indicate which trees are to be removed. However, the plans do not constitute approval to remove a tree until a separate permit is granted. The property owner or applicant shall obtain a protected tree removal permit, as outlined in section 29.10.0980, for each tree to be removed to satisfy the purpose of this division. (d) Prior to acceptance of proposed development or subdivision improvements, the developer shall submit to the Director a final tree preservation report prepared by a certified or consulting arborist. This report shall consider all trees that were to remain within the development. The report shall note the trees' health in relation to the initially reported condition of the trees and shall note any changes in the trees' numbers or

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

physical conditions. The applicant, or their successors, will then be responsible for the removal or loss of any tree at any time during development that was not previously approved for removal. For protected trees which were removed, the developer shall pay a penalty in the amount of the appraised value of such tree in addition to replacement requirements contained in section 29.10.0985 of this Code. The applicant shall remain responsible for the health and survival of all trees within the development for a period of five (5) years following acceptance of the public improvements of the development or certificate of occupancy. (e) Prior to issuance of any demolition, grading or building permit, the applicant or contractor shall submit to the Building Department a written statement and photographs verifying that the required tree protection fence is installed around street trees and protected trees in accordance with the tree preservation report. (f) If required by the Director and conditioned as part of a discretionary approval, a security guarantee shall be provided to the Town. Prior to the issuance of any permit allowing construction to begin, the applicant shall post cash, bond or other security satisfactory to the Director, in the penal sum of five thousand dollars ($5,000.00) for each tree required to be preserved, or twenty-five thousand dollars ($25,000.00), whichever is less. The cash, bond or other security shall be retained for a period of one (1) year following acceptance of the public improvements for the development and shall be forfeited in an amount equal to five thousand dollars ($5,000.00) per tree as a civil penalty in the event that a tree or trees required to be preserved are removed, destroyed or severely damaged.
(g) An applicant with a proposed development which requires underground utilities shall avoid the installation of said utilities within the dripline of existing trees whenever possible. In the event that this is unavoidable, all trenching shall be done using directional boring, air-spade excavation or by hand, taking extreme caution to avoid damage to the root structure. Work within the dripline of existing trees shall be supervised at all times by a certified or consulting arborist.
(h) It shall be a violation of this division for any property owner or agent of the owner to fail to comply with any development approval condition concerning preservation, protection, and maintenance of any protected tree.
(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22) Sec. 29.10.1005. Protection of trees during construction. (a) Protective tree fencing shall specify the following:
(1) Size and materials. Six (6) foot high chain link fencing, mounted on two-inch diameter galvanized iron posts, shall be driven into the ground to a depth of at least two (2) feet at no more than ten-foot spacing. For paving area that will not be demolished and when stipulated in a tree preservation plan, posts may be supported by a concrete base.
(2) Area type to be fenced. Type I: Enclosure with chain link fencing of either the entire dripline area or at the tree protection zone (TPZ), when specified by a certified or consulting arborist. Type II: Enclosure for street trees located in a planter strip: chain link fence around the entire planter strip to the outer branches. Type III: Protection for a tree located in a small planter cutout only (such as downtown):
orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with twoinch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or branches.
(3) Duration of Type I, II, III fencing. Fencing shall be erected before demolition, grading or construction permits are issued and remain in place until the work is completed. Contractor shall first obtain the approval of the project arborist on record prior to removing a tree protection fence.

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

(4) Warning sign. Each tree fence shall have prominently displayed an eight and one-half-inch by eleveninch sign stating: "Warning—Tree Protection Zone—This fence shall not be removed and is subject to penalty according to Town Code 29.10.1025."
(b) All persons, shall comply with the following precautions:
(1) Prior to the commencement of construction, install the fence at the dripline, or tree protection zone (TPZ) when specified in an approved arborist report, around any tree and/or vegetation to be retained which could be affected by the construction and prohibit any storage of construction materials or other materials, equipment cleaning, or parking of vehicles within the TPZ. The dripline shall not be altered in any way so as to increase the encroachment of the construction. (2) Prohibit all construction activities within the TPZ, including but not limited to: excavation, grading, drainage and leveling within the dripline of the tree unless approved by the Director. (3) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected tree. (4) Prohibit the attachment of wires, signs or ropes to any protected tree. (5) Design utility services and irrigation lines to be located outside of the dripline when feasible. (6) Retain the services of a certified or consulting arborist who shall serve as the project arborist for periodic monitoring of the project site and the health of those trees to be preserved. The project arborist shall be present whenever activities occur which may pose a potential threat to the health of the trees to be preserved and shall document all site visits. (7) The Director and project arborist shall be notified of any damage that occurs to a protected tree during construction so that proper treatment may be administered. (Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.1010. Pruning and maintenance.

Tree pruning must not be done in a manner that is detrimental to the tree. Any action undertaken which intentionally or recklessly causes or tends to cause injury, death, or disfigurement to a tree is considered to be detrimental. Examples of actions which are detrimental to trees may include excessive cutting, poisoning, burning, over-watering, relocating, or transplanting a tree.

All tree pruning shall be in accordance with the current version of the International Society of Arboriculture Best Management Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub and Other Woody Plant ManagementStandard Practices, (Pruning) and any special conditions as determined by the Director. For developments, which require a tree preservation report, a certified or consulting arborist shall be in reasonable charge of all activities involving protected trees, including pruning, cabling and any other work if specified. (1) Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a protected tree shall obtain written permission from the Director before performing any work, including pruning, which may cause injury to a protected tree (e.g. cable TV/fiber optic trenching, gas, water, sewer trench, etc.).
(2) Pruning for clearance of utility lines and energized conductors shall be performed in compliance with the current version of the American National Standards Institute (ANSI) A300 (Part 1)-Pruning, Section

5.9 Utility Pruning. Using spikes or gaffs when pruning, except where no other alternative is available, is prohibited.
(3) No person shall prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over a three-year period, affecting twenty-five percent or more of the crown of any protected tree without

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

first obtaining a permit pursuant to this division except for pollarding of fruitless mulberry trees (Morus alba) or other species approved by the Town Arborist. Applications for a pruning permit shall include photographs indicating where pruning is proposed.
(4) No person shall remove any Heritage tree or large protected tree branch or root through pruning or other method greater than four (4) inches in diameter (twelve and one-half (12.5) inches in circumference) without first obtaining a permit pursuant to this division. (Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22) Sec. 29.10.1015. No limitation of authority.

Nothing in this division limits or modifies the existing authority of the Town under Division 29 of Title 29 (Zoning Regulations), Title 26 (Public Trees) or the Hillside Development Standards and Guidelines to require trees and other plants to be identified, retained, protected, and/or planted as conditions of the approval of development. In the event of conflict between provisions of this division and conditions of any permit or other approval granted pursuant to Chapter 29 or Chapter 26 of the Town Code or the Hillside Development Standards and Guidelines. The more protective requirements shall prevail. (Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.1020. Responsibility for enforcement.

The Town shall vigorously enforce the provisions of this Chapter. All officers and employees of the Town shall report violations of this division to the Director of Community Development. Whenever an Enforcement Officer as defined in section 1.30.015 of the Town Code determines that a violation of this Code has occurred, the Enforcement Officer shall have the authority to issue an administrative citation pursuant to the provisions of section 1.30.020 of the Town Code.

Whenever an Enforcement Officer charged with the enforcement of this Code determines that a violation of that provision has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for the violation.
(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22) Sec. 29.10.1025. Enforcement—Remedies for violation.

In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies shall be available to the Town for violation of this division. While these remedies can be levied against any person, property owner, firm or corporation who intentionally or negligently violates any of the provisions of this chapter or any permit issued pursuant to it, or who fails to comply with any condition of any discretionary permit which relates to protected tree preservation, it is not the Town's intention to pursue such remedies against homeowners who unintentionally have minor violations of this chapter. These remedies are reserved for those entities who should have knowledge of such regulations from previous interactions or activity with the Town, such as information given during a previous or current application, and have nevertheless intentionally violated this chapter:
(1) Tree removals in absence of or in anticipation of development. a. If a violation occurs in the absence of or prior to proposed development, then discretionary applications and/or building permit applications will not be accepted or processed by the Town until the violation has been remedied to the reasonable satisfaction of the Director. Mitigation

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

measures as determined by the Director may be imposed as a condition of any subsequent application approval or permit for development on the subject property. A mitigation plan shall include specific measures for the protection of any remaining trees on the property, and shall provide for the replacement of each hillside tree that was removed or damaged illegally with a new tree(s) in the same location(s) as those illegally removed or damaged tree(s). In-lieu fees shall not be an option for this violation. The replacement ratio shall be at a greater ratio than that required in accordance with the standards set forth in section 29.10.0985 of this division. If the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the violation, the trees shall be permanently maintained in a good and healthy condition. The property owner shall execute a five-year written maintenance agreement with the Town. For those trees on public property, replacement is to be determined by the Director of Community Development or by the Director of Parks and Public Works. b. The second violation of any provisions in this division during the conduct by any person or business of a tree removal, landscaping, construction, or other business in the Town shall constitute grounds for a one (1) year suspension of any business license issued to such entity. The Town shall require the property owner to disclose the name and address of the violating business as a necessary condition for removal of any Stop Work Order issued by the Town. (2) Pending development applications.
a. Incomplete applications will not be processed further until the violation has been remedied. If an application has been deemed complete, it may be denied by the Director or forwarded to the Planning Commission with a recommendation for denial at the Director's discretion. Mitigation measures as determined by the director may be imposed as a condition of approval. A mitigation plan shall include specific measures for the protection of any remaining trees on the property, and shall provide for the replacement of each hillside tree that was removed or damaged illegally with a new tree(s) in the same location(s) as those illegally removed tree(s). In-lieu fees shall not be an option for this violation. The replacement ratio shall be at a greater ratio than that required in accordance with the standards set forth in section 29.10.0985 of this division. If the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the violation, the trees shall be permanently maintained in a good and healthy condition. The property owner shall execute a five-year written maintenance agreement with the Town. For those trees on public property, replacement is to be determined by the Director of Community Development or by the Director of Parks and Public Works. b. The second violation of any provisions in this division during the conduct by any person or company of a tree removal, landscaping, construction, or other business in the Town shall constitute grounds for a one (1) year suspension of any business license issued to such entity. The Town shall require the property owner to disclose the name and address of the violating business as a necessary condition for removal of any Stop Work Order issued by the Town. (3) Projects under construction.
a. If a violation occurs during construction, the Town may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and issuance of certificates of occupancy) until a mitigation plan has been filed with and approved by the Director, agreed to in writing by the property owner(s) or the applicant(s) or both, and either implemented or guaranteed by the posting of adequate security in the discretion of the Director. A mitigation plan shall include specific measures for the protection of any remaining trees on the property, and shall provide for the replacement of each hillside tree that was removed illegally with a new tree(s) in the same location(s) as those illegally removed tree(s). In-lieu fees shall not be an option for this violation.

The replacement ratio shall be at a greater ratio than that required in accordance with the

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

standards set forth in section 29.10.0985 of this division. If the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the violation, the trees shall be permanently maintained in a good and healthy condition. The property owner shall execute a five-year written maintenance agreement with the Town. For those trees on public property, replacement is to be determined by the Director of Community Development or by the Director of Parks and Public Works.
b. The second violation of any provisions in this division during the conduct by any person or company of a tree removal, landscaping, construction, or other business in the Town shall constitute grounds for a one (1) year suspension of any business license issued to such entity. The Town shall require the property owner to disclose the name and address of the violating business as a necessary condition for removal of any Stop Work Order issued by the Town (4) Criminal penalties. Notwithstanding section 29.20.950 relating to criminal penalty, any person who violates any provision of this chapter and is convicted of a misdemeanor shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment of not more than six (6) months or by both such fine and imprisonment. Each person convicted may be deemed guilty of a separate offense for every day and for every violation, as defined in Sec. 29.10.1031, during any portion of which any violation is committed.
(5) Civil penalties. Notwithstanding section 29.20.950 and Section (4) above, relating to criminal penalty, any person, property owner, firm, or corporation who intentionally or negligently violates any of the provisions of this chapter or any permit issued pursuant to it, or who fails to comply with any condition of any discretionary permit which relates to protected tree preservation, shall be liable to pay the Town a civil penalty as prescribed in subsections a. through d. a. As part of any administrative and/or civil action brought by the Town, a hearing officer and/or court may assess against any person who commits, allows, or maintains a violation of any provision of this division an administrative and/or civil penalty in an amount not to exceed five thousand dollars ($5,000.00) per violation. For damaged trees, in addition to civil penalties, the property owner will be required to obtain the services of an ISA certified arborist to determine the future viability of the tree and if salvageable, create a maintenance plan to restore the tree. b. Where the violation has resulted in removal of a protected tree, the civil penalty shall be in an amount not to exceed five thousand dollars ($5,000.00) per tree unlawfully removed, or the replacement value of each such tree, whichever amount is higher. If the tree removal is related to any development or subdivision then the civil penalties shall be the value of the tree times four, plus all related staff costs. Such amount shall be payable to the Town and deposited into the Tree Replacement Fund. Replacement value for the purposes of this section shall be determined utilizing the most recent edition of the Guide for Plant Appraisal, as prepared by the Council of Tree and Landscape Appraisers and the Species and Group Classification Guide published by the Western Chapter of the International Society of Arboriculture. c. If the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the violation, the trees shall be permanently maintained in a good and healthy condition. The property owner shall execute a five-year written maintenance agreement with the Town.
d. The cost of enforcing this division, which shall include all costs, staff time, and attorneys' fees. (6) Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation.
(7) Costs. In any civil action brought pursuant to this division in which the Town prevails, the court shall award to the Town all costs of investigation and preparation for trial, the costs of trial, reasonable

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.
(8) Remedies not exclusive. To the maximum extent permitted by law, administrative remedies specified in this chapter are in addition to and do not supersede or limit any and all other provided for herein shall be cumulative and not exclusive.
(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22) Sec. 29.10.1030. Fees.

The fee, as adopted by Town Resolution, prescribed therefore in the municipal fee schedule shall accompany the removal or pruning permit application submitted to the Town for review and evaluation pursuant to this division.
(Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.1031. Fees schedule for remediation of tree protection ordinance violations.

These monetary fines are in addition to any remediations described elsewhere in this section. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any of the provisions of this chapter is guilty of a violation of the Town Code. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person and shall be punishable as herein provided. To expand, violating any portion of this chapter for any tree will count as one (1) violation. For instance, if a tree is excessively trimmed using illegal spikes, then two (2) violations are committed. If two (2) such violations were committed to two (2) trees, then that totals to four (4) separate violations. Violations would also include those remediations required by a Town's Consulting Arborist, to be accrued at the rate of one (1) violation/day for each and every requirement.

Each violation is subject to a fine of five hundred dollars ($500.00). For continuing violations, the fee schedule is five hundred dollars ($500.00) for the first day and one thousand dollars ($1,000.00) for each subsequent day.
(Ord. No. 2331, § 1, 5-3-22)
Sec. 29.10.1035. Severability.

If any provision of this division or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this division which can be given effect without the invalid provision or application, and to this end the provisions of this division are declared to be severable.
(Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.1040. Notices.

All notices required under this division shall conform to noticing provisions of the applicable Town Code. (Ord. No. 2240, § I(Exh. B), 6-2-15)

ITEM NO. 18.

Created: 2025-06-09 15:45:21 [EST]
(Supp. No. 97)

Sec. 29.10.1045. Appeals.

Any interested person, as defined in section 29.10.020 of the Town Code, may appeal a decision of the director, including the one-year suspension of a business license, pursuant to this division in accordance with the procedures set forth in section 29.20.260 of the Town Code. All appeals shall comply with the public noticing provisions of section 29.20.450 of the Town Code.
(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22) Sec. 29.10.1050. No liability upon the town.

Nothing in this chapter shall be deemed to impose any liability upon the Town or upon any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon that private property or upon sidewalks and planting areas in front of that property. (Ord. No. 2331, § 1, 5-3-22)

ITEM NO. 18.

RESOLUTION 2002-25

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

GOVERNING THE DESIGN REVIEW PROCESS AND CLARIFYING

THE ROLES AND RESPONSIBILITIES OF THE TOWN PLANNING COMMISSION

AND ARCHITECTURAL CONSULTANT
WHEREAS, the Town of Los Gatos Town Council has determined that there is a need to modify the Town'sdesign review process; and
WHEREAS, a goal ofthe Town is to streamline the planning process;. and WHEREAS, the use of an architectural consultant will improve customer service while evolving projects to .achieve architectural . excellence; and WHEREAS, Cannon Desgn'Group :(herein referred to as the "architectural consultant")has been hired to review the architecture for development proposals; WHEREAS, the architectural consultant is highly qualified to review and critique architecture and will work with applicants to design prof ects that are .compatible with their site and surroundings; and
RESOLVED, by the Town Council that the following policies shall governthe architectural review process:

A. The architectural consultant will review plans and provide .guidance to applicants to ensure plans are in compliance with applicable design standards and guidelines, specific plans and the General Plan. Reports on projects that are reviewed by the Planning Commission will include the recommendations of the architectural consultant and plans that have been revised to incorporate those recommendations.

B. The Planning Commission must make one of the following findings to modify the consulting architect'srecommendations:

ATTACHMENT E

ITEM NO. 18.

That the recommendations of the consulting architect were made based on erroneous information provided by the applicant.

That the consulting architect made a mistake of fact.

That there is compelling evidence, received through public testimony that there is a privacy orother neighborhood impact to warrant planmodification.

C. ' The Planning Commission should give courteous regard and respect to the professional expertise of the consulting architect. Rather than focus on the design detail ofproposed projects, the Planning. Commission should look for trends in the design of proposed proj ects that reflect the need for changes to the design standards.

When changes to design standards are needed, the Planning Commission should request that staff initiate changes as appropriate and return to the Planning.

Commission with revised design standards that address the areas of concern.

D. Whenever possible, the Planning Commission hould develop conditions ofapproval to address issues that surface during a public :hearing rather than continuing an application and requiring an applicant to return with revised plans. 2

ITEM NO. 18.

PASSED AND ADOPTED at a
regular meeting of the Town Council held on the 4t" day ofMarch, 2002, by the following vote.:

COUNCIL MEMBERS:

AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway.

NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:

ATTEST:

CLERK OF THE TOWN OF LO ATOS

LOS GATOS, CALIFORNIA

MAYOR OF TOWN O' S GATOS

LOS GATO , CALIFORNI
3

ITEM NO. 18.

ATTACHMENT F

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ATTACHMENT G

ITEM NO. 18.

Community Development Department ● 110 E. Main Street, Los Gatos CA 95030 Ph: 408.354.6802 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca COMMUNITY DEVELOPMENT HOURS:

Counter Hours: 8:00 AM – 1:00 PM, Monday – Friday/
Phone Hours: 8:00 AM – 5:00 PM, Monday – Friday
All permit submittals are to be done online via our Citizen’s Portal platform. All other services can be completed at the counter. For more information on permit submittal, resubmittal, and issuance, please visit the Building and Planning webpages.

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PThink Green, please consider the environment before printing this e-mail.

ITEM NO. 18.

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: 12/16/2025
ITEM NO: 19
DATE: December 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt the Revised Town Agenda Format and Rules Policy 2-01 RECOMMENDATION: Adopt the revised Town Agenda Format and Rules Policy 2-01.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

STRATEGIC PRIORITY:

This item is not associated with a strategic priority. However, it does align with the Town’s core goal of good governance and civic engagement.

BACKGROUND:

Policy 2-01, Town Agenda Format and Rules, establishes procedures for preparing agendas and conducting meetings of the Town Council and all Town boards, commissions, and committees.

Over the past year, staff and the Council Policy Committee have undertaken a comprehensive review to improve clarity, transparency, and consistency.

The first set of proposed revisions was discussed on November 26, 2024. Staff presented updates related to public communication to remove redundancy, agenda preparation to help establish a transparent and inclusive process for Council Members to propose future agenda items, and the conduct of meetings to adopt Rosenberg's Rules of Order. The Committee requested further examination of several issues, including the use of Rosenberg’s Rules of Order and the timing for Council Members to ask clarifying questions after public comment.

ITEM NO. 19.

PAGE 2 OF 4
SUBJECT: Adopt the Revised Town Agenda Format and Rules Policy 2-01 DATE: December 16, 2025
On January 29, 2025, staff returned with a more comprehensive set of revisions that addressed the order of the agenda, procedures for verbal communication and written materials, Council Matters, and processes for requesting future agenda items, adjournment procedures, agenda preparation responsibilities, conduct of meetings, remote attendance requirements, behavior expectations, and procedures for managing disruptive behavior. During this meeting, the Committee requested additional analysis regarding the Mayor’s role in agenda setting, the ability of a minority of Council Members to raise issues for Council consideration, and practices used in other jurisdictions. The Committee asked that further review occur after the Cities Association meeting, so that additional information could be obtained on how other jurisdictions address the Mayor’s role in agenda setting and how a minority of Council Members might raise issues for Council consideration.

On September 23, 2025, staff brought the item back for additional Committee consideration.

The Committee discussed the proposed revisions and requested further clarification on whether separate policies should be established for the Town Council and other Town bodies, how the Mayor’s authority to place items on an agenda differs from the process for items requiring significant staff work, and what legal requirements apply when addressing disruptive behavior during public meetings. The Committee also requested a categorized breakdown of all proposed changes.

On October 28, 2025, the Committee considered alternative policy language proposed by the Mayor in addition to the staff draft. Following discussion, the Committee agreed that the Mayor’s final authority to approve the Council agenda should be retained, except for items that would require significant staff work or have substantial administrative, operational, financial, or compliance impacts. The Committee supported granting the Town Manager discretion to determine when staff effort would be significant and to adjust agenda scheduling accordingly.

The Committee also directed staff to add an agenda preparation process and schedule for Town boards, commissions, and committees, and to incorporate modified procedures related to Rosenberg’s Rules of Order, including the opportunity for Council Members to ask clarifying questions after public comment and a revised process for reconsideration. Staff was directed to return with a revised draft incorporating these changes.

Staff incorporated the October 28 Committee direction into a new draft and presented it to the Policy Committee on December 8, 2025. The draft policy included revisions to the agenda order, procedures for public comment under verbal communication and public hearings, updated expectations for the timely submission of written materials by applicants and appellants, and clarification on the process for a Council Member to request an item for future Council discussion, allowing the Town Manager to determine whether staff work associated with an item would be significant and require three or more members of the Council to vote to place an item on a future agenda for action. The Mayor’s agenda-setting authority remained with added language to authorize the Town Manager to adjust agenda order or scheduling of an item to mitigate any operational, financial, or compliance impacts. New sections were also

ITEM NO. 19.

PAGE 3 OF 4
SUBJECT: Adopt the Revised Town Agenda Format and Rules Policy 2-01 DATE: December 16, 2025
added to define procedures and timelines for preparing agendas and materials for Town boards, commissions, and committees, distinguishing these processes from those used by the Town Council.

The Conduct of Meetings section was also revised to incorporate Rosenberg’s Rules of Order with modifications, including allowing Council Members to ask clarifying questions after public comment. The Reconsideration of a Prior Action section was updated to allow a motion to reconsider a prior action no later than the next regularly scheduled meeting. Finally, minor modifications were made to the proposed language related to behavior expectations and disruptive behavior.

DISCUSSION:

At the December 8 Policy Committee meeting, the Committee reviewed the revised draft Policy 2-01 and provided additional direction for further modification. The Committee requested that the Presentations section be updated to require that visual presentations be submitted to staff at least 24 hours in advance of the meeting unless otherwise authorized by the Mayor. The Committee also directed that the Council Matters section be revised to clarify that “brief announcements” should be related to activities performed on behalf of the Town or its residents, and that personal business and political campaign activities should not be reported under Council Matters. Additionally, the Committee requested that Council Members’ reports during Council Matters be limited to three minutes each.

The Committee also provided additional direction regarding the Preparation of the Town Council Agenda section. Specifically, the Committee directed staff to remove the second paragraph and delete the first three sentences of the third paragraph because the process for Council Members to request an item for discussion is now addressed in the Council Matters section. For consistency, the Committee also requested relocating the remaining sentences of the third paragraph to the Council Matters section. These changes, along with all other Committee direction from the December 8 meeting, have been incorporated into the redline policy presented for Council consideration.

CONCLUSION:

Staff requests that the Town Council review the proposed edits to Policy 2-01, provide any revisions, and adopt the revised policy.

COORDINATION:

This report was prepared in coordination with the Town Attorney and the Town Manager’s Office.

ITEM NO. 19.

PAGE 4 OF 4
SUBJECT: Adopt the Revised Town Agenda Format and Rules Policy 2-01 DATE: December 16, 2025
ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Draft Town Agenda Format and Rules Policy (redline) with Exhibit A - Modified Rosenberg’s Rules of Order

2. Draft Town Agenda Format and Rules Policy (clean) with Exhibit A - Modified Rosenberg’s Rules of Order

ITEM NO. 19.

ATTACHMENT 1

COUNCIL POLICY MANUAL
TITLE: Town Agenda Format and Rules POLICY NUMBER: 2-01 EFFECTIVE DATE: 12/15/1986 PAGES: 7
ENABLING ACTIONS: 1986-183; 1987-
024; 1988-124; 1993-181; 1994-057;
1996-108; 2001-077; 2004-033; 2009-
002; 2021-047
REVISED DATES: 12/15/1986; 3/2/1987;
6/6/1988; 6/15/1992; 12/6/1993; 4/4/1994;
8/5/1996; 7/2/2001; 4/5/2004; 1/20/2009;
3/16/2009; 12/6/2010; 8/5/2013; 3/3/2015;
9/20/2016; 6/20/2017; 8/1/2017; 12/4/18/;
8/20/19; 12/3/19; 6/1/2021; 11/2/2021;
9/20/22; 2/7/2023; 11/21/2023; 8/6/2024;
12/11/2025
APPROVED:

PURPOSE
To establish procedures which standardize Town agendas and insureensure an orderly meeting.

This Policy applies to Town Council and all Town Boards, Commissions, and Committees, and references to Mayor will apply to Boards, Commissions, and Committees Chairpersons as applicable in the policyand set forth in this Policy determined by the staff liaison..

POLICY
The following policies have been established:

A. Order of the Agenda
Subject to the Mayor’s, or Chair’s, discretion to change the order of consideration of any agenda item during any individual meeting:

Call Meeting to Order
Roll Call
Pledge of Allegiance
Appointments
Presentations
Council Matters
Manager Matters
Consent Calendar
Verbal Communications
Public Hearings
Other Business
Small Town Service Community Stewardship Future Focus

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
2 of 10
POLICY NUMBER:
2-01
Council Matters
Manager Matters
Attorney Matters and Closed Session Report
Adjournment (No later than midnight without vote.)
B. Closed Session Report
As required by the Brown Act, the Town Attorney will report on actions taken at the Closed Session, but without reporting any information which could damage the Town’s position on a) potential or existing litigation, b) the acquisition or disposition of property, or c) any employee’s privacy interests. In addition, the Closed Session agenda shall clearly identify the subject of each agenda item consistent with the requirements of the Brown Act.

C. Communications by Members of the Public
Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required.

1. Verbal Communications. Comments by members of the public during the initial Verbal Communications portion of the agenda on items not on the Council agenda shall be limited to 30 minutes and no more than three (3) minutes per speaker., or at the discretion of the Mayor. Town resources may not be used to facilitate audio or visual presentations. Individuals addressing the Town Council under Verbal Communications may submit written materials and must provide at least one (1) copy for inclusion in the administrative record. As an item not listed on the agenda, no response is required from Town staff or the Council and no action can be taken. However, the Council may instruct the Town Manager to place the item on a future agenda. At the conclusion of the first Verbal Communications, the agenda will proceed onto the Public Hearings and Other Business sections of the agenda. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications section can be opened prior to Adjournment.

2. Public Hearings. Presentations during the Public Hearings portion of the agenda by appellants and applicants, including any expert or consultant assisting with the presentation, shall be limited to a total of no more than five (5) minutes for all speakers.

Appellants and applicants shall be provided no more than three (3) minutes to rebut at the end of the public hearing. Visual presentations that require the use of staff resources shall be limited to appellants and applicants. Other members of the public testifying at public hearings shall be limited to no more than three (3) minutes and may submit written materials, provided that one (1) copy is submitted for inclusion in the administrative record.

3. Submittal of written materials by Applicant and Appellant. To allow Town Council, Boards, Commissions, Committees, Town Staff, and the public the opportunity to review material in advance of a hearing, all materials should be submitted by the Applicant or Appellant to the designated staff member must be received by the Town Clerk fourteen (14) days prior to the publishing of the report for the scheduled public hearing.

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
3 of 10
POLICY NUMBER:
2-01
Documents and materials received from the Applicant or Appellant after the deadline publishing of the report will be accepted; however, the Town Staff and the Town Council may not have the timenot be able to analyze the documents and materiallate submissions based on the time provided by the submitter for such material to be reviewed., and Town Council may not have the time to consider materials submitted after the deadline The submittal of any additional material by the Applicant or Appellant shall not be considered prima facie evidence (sufficient to establish a fact or raise a presumption) under Town Code Section 29.20.300.

4. Other Agenda Items. Comments by members of the public concerning any other item on an agenda shall be limited to no more than three (3) minutes per item.

5. 4. Mayor’s Discretion. All time limits noted above shall be subject to change at the Mayor’s discretion. If a member of the public speaks on the wrong item, the time used would be deducted from the speaker’s overall public comment time allowance on the correct item.

D. Consent Calendar
Items on the Council agenda that are considered to be of a routine and non-controversial nature are placed on the Consent Calendar. Typical items include meeting minutes, final reading and adoption of ordinances, resolutions approving agreements, awards of contracts, status staff reports, etc.

Consent items shall be approved by a single Council motion unless a member of the Council requests that an item be removed for separate Council action. Members of the public may speak on an item on the Consent Calendar during the public comment portion before the Council votes on the Consent Calendar. Items removed from the Consent Calendar may be considered at that meeting at the Mayor’s discretion. If an item is removed for discussion, members of the public may speak to that item even if they previously spoke on the item during public comment.

E. Presentations
The Presentations portion of the agenda is intended to allow organized groups to make formal presentations to the Council and to recognize and honor deserving individuals and organizations. All matters included on the Presentations portion of the agenda require the prior approval of the Mayor and shall be limited to no more than ten (10) minutes, unless the Mayor grants additional time. Visual presentations must be submitted to the staff 24 hours in advance of the meeting unless otherwise authorized by the Mayor.

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
4 of 10
POLICY NUMBER:
2-01
F. Council Matters
Members of Council may report on the activities of the committees to which they belong or the meetings they attend, question staff briefly on matters upon which the Council has taken action or given direction, make brief announcements related to activities that a Council Member performs on behalf of the Town or its residents, or discuss whether to place particular items on future agendas for action by the Council. Personal business and personal political campaign activities are not Council Matters. Council Members’ reports are limited to three minutes each. Public comment on any Council Matter will be provided during Verbal Communications section of the agenda. Future agenda items to be briefly discussed here shall be identified consistent with Section G of this Policy, or may be raised for the first time under this item.

During the Council Matters portion of the meeting, any Council Member may request that an item be placed on a future agenda for Council discussion. If a second Councilmember supports the request or if such request is solely made by the Mayor, the item will be scheduled on the next agenda under Council Matters for discussion purposes only.

If the item requires significant staff effort as determined by the Town Manager, then three or more members of the Council must vote in favor of placing an item on a future agenda for action. If more information is needed, the Council can continue the item to allow staff to obtain the required information, with approval by a majority of the Council.

Discussion items are intended solely for dialogue between Councilmembers and shall not require staff research, reports, or preparation beyond listing the item on the agenda. If, after such discussion, three or more Councilmembers support further consideration through a vote to agendize, the item shall be placed on a future agenda for formal action. At that time, staff will prepare the necessary materials and reports consistent with standard agenda procedures.

Nothing shall limit three or more Council members from providing direction in requesting action at any time. The Mayor in good faith will make every effort to place a Council Requested item on the first available Council agenda in consultation with the Town Manager.

G. Adjournment
Council meetings will be adjourned at midnight unless a majority of the Council Members present vote to extend the adjournment time.

H. Americans with Disabilities Notice on Town Agendas
As part of the requirements under the Americans with Disabilities Act, the Town is required to provide notice of whom to contact in advance of a public meeting for assistance to disabled individuals who might wish to participate. The following notice shall be provided in at least one location on each Town agenda for Council, Boards, Commissions, or Committees.

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
5 of 10
POLICY NUMBER:
2-01
I. Preparation of the Town Council Agenda
The agenda is prepared by staff in consultation with the Mayor for the Mayor’s final approval. If there is a disagreement between The Mayor and staff, the Mayor makes the ultimate call on the Agenda and its items. In the case of any order change or scheduling agenda items, the Town Manager has the discretion to adjust the order and scheduling if such change is necessary to mitigate an operational, financial, or more members of the Council must votecompliance related impact.

Any member of the Council may submit a request through the Town Manager or directly to the Mayor to make a change or addition to the agenda. In no event may the subject of whether to amend the agenda be discussed outside of a public meeting by more than two (2) members of the Council.

Items thus proposed to be added to the agenda require the Mayor’s agreement to be added for action under Other Business. If the Mayor does not agree, the item shall be listed on the agenda for discussion purposes only under the Council Matters section of the agenda.

Council may then discuss whether to place the item on a future agenda for action.

Public comment on any Council Matter will be provided during Verbal Communications section of the agenda. Two (2) or more members of the Council must vote in favor of placing an item on a future agenda for action. The Mayor in good faith will make every effort to place the a Council Requested item on the first available Council agenda in consultation with the Town Manager.

If the wish of the Council is to add an item on the agenda of the current meeting, then the Brown Act generally requires a two-thirds (2/3) vote or a unanimous vote of those present if less than five (5) Council Members are present, with a finding that there is a need to take immediate action and the need for action came to the attention of the Town after the agenda was posted.
i. Preparation of the Town Boards, Commissions, and Committees Agenda For Town Boards, Commissions, and Committees, the staff liaison will consult and consider the Chairs’s input ion the items scheduled for future meetings.

J. Council Regular Meeting Agenda Schedule and Preparation In general, questions or inquiries from Council Members to the Town Manager and/or Town Attorney regarding agenda items should be responded to within 24 hours, and then placed into Addenda and/or Desk Items, as appropriate.

In compliance with the Americans with Disabilities Act, if you needrequire special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354- 6834. NotificationPlease notify the Clerk’s Office at least two (2) business days prior to the meeting date to enable the Town to makeso that reasonable arrangements can be made to ensure accessibility to this meeting [in compliance with 28 CFR §35.102-35.104] and related provisions.

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
6 of 10
POLICY NUMBER:
2-01
The following timeline outlines the standard schedule for finalizing and distributing Town Council meeting materials. While this schedule will be followed under normal circumstances, adjustments may occur based on staff availability, meeting demands, or unforeseen circumstances.

Thursday, prior
to the meeting
Written agenda is finalized and printed. Agenda packets distributed to Town Council Members. Public comments on agenda items received by 11:00 a.m. will be included in the agenda packet.

Friday, prior to
the meeting
Additional information from staff available after the Thursday distribution of the agenda packet, and public comments received prior to 11:00 a.m. on Friday 3:00 p.m. will be distributed to Town Council members as an Addendum to a staff report.

Monday, prior
to the meeting
Additional information from staff available after the Friday Addendum and public comment received prior to 113:00 ap.m. on Monday will be distributed to Town Council members as an Addendum to a staff report.

Day of Council
Meeting
Council comments and questions received by 7:00 a.m. and Public comments received by 11:00 a.m. on the morning of a Council meeting will be included in a Desk Item for distribution to Town Council members by 3:00 p.m. on the afternoon of a Council meeting. Council comments and questions received after 7:00 a.m. may be addressed during the Council meeting., or as staff availability permits. Public comment received after 11:00 a.m. will not be distributed to the Council in the Desk Item; however, public comment may be submitted by individuals during the Council meeting.

In general, questions or inquiries from Council Members to the Town Manager and/or Town Attorney regarding agenda items should be responded to within 24 hours, and then placed into Addenda and/or Desk Items, as appropriate.
i. Boards, Commissions, and Committee Schedule and Preparation.

The schedule for Boards, Commissions and Committee meetings will follow a corresponding schedule, depending on their meeting day.

K. Agenda Posting
Council Agendas shall be posted at least 72 hours prior to a regular meeting, and at least 24 hours prior to a special meeting in compliance with the Brwon Act. Notice of any meeting of a formally appointed Committee where two Council Members could be present shall be posted at least 24 hours in advance of any such meeting with a note as to the time and location, and an invitation to the public to attend.

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
7 of 10
POLICY NUMBER:
2-01
L. Conduct of Town Council Meetings
The Council shall adopt:

1. Modified Robert's Rosenberg’s Rules of Order (Exhibit A - changes are bolded and noted with asterisks) with a change to the “Basic Format for an Agenda Item Discussion” section to allow Council Members to ask questions after public comment; and a change to the reconsideration process to allow a reconsideration of a motion as outlined in this policy under Section O; or Some other rules of order, or

2. Allow the Mayor to conduct the meeting as deemed appropriate so long as all members of the Council concur.

M. Attendance at Meetings
The Town Council and Commissioners are expected to attend all meetings as part of their commitment to their positions. Attendance requirements for Commissioners are set forth in Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum. Consistent with the Family Medical Leave Act and the California Family Rights Act, absences of up to 12 weeks due to the birth of a child constitute excused absences.

N. Remote Attendance
In addition to the requirements of the Brown Act, the following guidelines apply to Town meetings:

1. Town Council Meetings: Requests by Council Members to attend a regular Council meeting via remote appearance (either Zoom or telephone) are allowed on a limited basis and with no more than two regular meeting remote participations in a row.

Remote attendance shall be permitted for a medical, family or work event requiring a Council Member’s absence or in the event the Council Member is out of the area on official Town business. In addition, at least a quorum of the Council must participate from a location within the Town and comply with other requirements of the Brown Act.

However, a Council Member may participate remotely under the ‘Just Cause’ provisions of Government Code Section 54953, with remote participation limited to five meetings per calendar year. When a Council Member is participating remotely, they shall have their camera on and be visible for the duration of the meeting.

2. Town Board, Committee, and Commission Meetings: Board, Committee, and Commission members may participate remotely by telephone only, with the exception of the Finance and Planning Commissioners who have the choice of either Zoom or telephone. Requests by Commissioners to attend a Commission meeting via remote appearance should be allowed on a limited basis to mirror the existing attendance requirements, with no more than four remote participations annually, no more than two regular meeting remote participations in a row, and in compliance with the Brown Act.

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
8 of 10
POLICY NUMBER:
2-01

3. Remote Participation by the Public: With the exception of Town Council Closed Sessions, In conformance with Government Code Section 54953, the public may participate in Town Council meetings remotely. The public may also participate in Finance Commission and Planning Commission meetings remotely by followingas technology allows. Individuals can join these meetings using the remote participation instructions that are provided on the agenda. , based on the available technology and equipment. The remote participation instructions shall be provided on all Town Council, Finance Commission, and Planning Commission agendas with the exception of Town Council Closed Sessions. There is not a remote public participation option for other Town Boards, Committees, or Commissions.

O. Proposed Reconsideration of Prior Council Actions
Reconsideration of prior Council actions is discouraged and may only occur in special circumstances subject to the procedural restrictions outlined herein. Reconsideration does not include, and this Policy does not prohibit, the repeal of a resolution or ordinance in response to a lawsuit or a referendum challenging that adoption.

Step 1 – Motion to Place Reconsideration of a Prior Action on a Future Council Agenda a. The motion must be made by a Council Member who previously voted on the prevailing side of the prior action, while the second can be any Council Member ; b. The maker of the motion shall specifically articulate the new information, analysis and/or circumstances that warrant(s) reconsideration of the prior action; c. The motion must be adopted by a majority of the full Council; and d. The motion may only be made and considered at the no later than the next regularly scheduled meeting of the Council after the item was originally acted upon.

Step 2 – Full Reconsideration of the Prior Action, if a motion as outlined in Step 1 is approved.
a. The full reconsideration of the prior action will be placed on the next available Council agenda following the agenda-setting and required public notification process. b. The agenda, public notification and staff report for the full reconsideration of the prior action shall clearly state that the item has been previously acted upon by the Council and is being reconsidered by the Council.
c. Action on the reconsideration of the prior action shall adhere to regular Council policies and practices as if the item was being heard for the first time.

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
9 of 10
POLICY NUMBER:
2-01
d. The full reconsideration of the prior action (whether sustained, reversed or otherwise modified) will be the final action on that item, and no further reconsiderations will be considered.

P. Motions by the ChairpersonMayor
The Chairperson of the meetingMayor may make or second motions. The ChairpersonMayor may also restate, or ask that the maker restate, all motions immediately prior to any vote.

Q. Behavior Expectations and Consequences at Town Council Meetings At each meeting, the Mayor should welcome the public to participate in the meetings, understanding that the purpose of the meeting is to conduct the important business of the Town in an efficient and effective manner. The Mayor may promote constructive communication by asking Council members, staff, and community members to embrace and adhere to the following values:
• Be respectful, welcoming, inclusive, compassionate, and kind to each other, • Appreciate the diversity of perspectives and views in our community, • Express your views and share your perspectives in helpful ways, • Listen to understand and empathize with each other, and • Collaborate and work together to do what is best for Los Gatos.

As needed, the Mayor may need to remind the public about the Town’s civility rules: listed below:

1. For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow the Town’s meeting guidelines by treating everyone with respect and dignity. This is done by following meeting guidelines set forth in State law, in the Town Code, and on the cover sheet of the Council agenda.

2. The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council meetings.

3. Town Council and staff are well aware of the public’s right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, and bigotry statements are completely unacceptable and will not be tolerated in any way, shape, or form at Town Council meetings.

4. All public comments at the Town Council meeting must pertain to items within the subject matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and bigotry against non-public officials.

R. Managing Disruptive Behavior During Meetings
The Town will go through the following steps if in the event of a meeting disturbance results from a member of the public not following these rules:

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
10 of 10
POLICY NUMBER:
2-01
a. If participating remotely, Town staff may mute the individual with an explanation for the record of why muting occurred consistent with this Policy. b. If participating in-person, the Mayor may call a recess for violation of this Policy, resulting in the immediate cessation of the audio and video recording and the Council exiting the Chamber. Staff will determine if the individual should be removed or if all members of the public should leave depending on the extent of the disturbance. In the event that all public members exit, only the press would be allowed back in the meeting. Once the individual(s) leave, the Council would return to the Chamber and the Mayor would resume the meeting.

1. If the individual is participating remotely, the Mayor, or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. If they do not promptly cease their disruptive behavior after the warning their permission to speak will be removed.

2. If the individual participating in-person, the Mayor or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. If the speaker does not promptly cease their disruptive behavior after the warning, they may be removed from the meeting.

3. In accordance with Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting infeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session.

Only matters appearing on the agenda may be considered in such a session.

Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.

Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

Nothing in this policy limits other options to resolve disruptions, including but not limited to, taking a recess.

APPROVED AS TO FORM:
_________
Gabrielle Whelan, Town Attorney

ITEM NO. 19.

Rosenberg's Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg

EXHIBIT A

ITEM NO. 19.

LEAGUE9
OF CALIFORNI.A
CITIES

MISSION AND CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
To be recognized and respected as the leading advocate for the common interests of California's cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California's incorporated cities.

The League strives to protect the local authority and automony of city government and help California's cities effectively serve their residents. In addition to advocating on cities' behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

ABOUT THE AUTHOR
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee ( the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.

II

ITEM NO. 19.

TABLE OF CONTENTS
About the Author ............................................................................................................ ii Introduction .................................................................................................................... 2 Establishing a Quorum ................................................................................................... 2 The Role of the Chair ...................................................................................................... 2 The Basic Format for an Agenda Item Discussion ........................................................ 2 Motions in General ......................................................................................................... 3 The Three Basic Motions ................................................................................................ 3 Multiple Motions Before the Body ................................................................................. 4 To Debate or Not to Debate ............................................................................................ 4 Majority and Super-Majority Votes ............................................................................... 5 Counting Votes ................................................................................................................ 5 The Motion to Reconsider .............................................................................................. 6 Courtesy and Decorum .................................................................................................. 7 Special Notes About Public Input .................................................................................. 7 1

ITEM NO. 19.

INTRODUCTION
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules - Robert's Rules of Order- which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert's Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg's Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg's Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg's Rules in lieu of Robert's Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs ( or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

ITEM NO. 19.

First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format ( which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded ( or the public hearing, as the case may be, is closed).
* The chair should ask members of the body if they have any questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

I. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
3 Ninth, the chair takes a vote. Simply asking for the "ayes" and then asking for the "nays" normally does this. If members of the body do not vote, then they "abstain:' Unless the rules of the body provide otherwise ( or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body:'
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member's desired approach with the words "I move ... "
A typical motion might be: "I move that we give a 10-day notice in the future for all our meetings."
The chair usually initiates the motion in one of three ways:

I. Inviting the members of the body to make a motion, for example, ''A motion at this time would be in order."

2. Suggesting a motion to the members of the body, ''A motion would be in order that we give a 10-day notice in the future for all our meetings."

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body's consideration. A basic motion might be: "I move that we create a five-member committee to plan and put on our annual fundraiser:'

ITEM NO. 19.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: "I move that we amend the motion to have a IO-member committee:' A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year."
"Motions to amend" and "substitute motions" are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a "motion to amend" or a "substitute motion" is left to the chair. So if a member makes what that member calls a "motion to amend;' but the chair determines that it is really a "substitute motion;' then the chair's designation governs.

A "friendly amendment" is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, "I want to suggest a friendly amendment to the motion:' The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic "motion to have a five-member committee to plan and put on our annual fundraiser:' During the discussion of this motion, a member might make a second motion to "amend the main motion to have a IO-member committee, not a five-member committee to plan and put on our annual fundraiser:' And perhaps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year:' The proper procedure would be as follows:
4 First, the chair would deal with the third ( the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion ( the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (IO-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable ( that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight:' It requires a simple majority vote.

ITEM NO. 19.

Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold:' The motion can contain a specific time in which the item can come back to the body. "I move we table this item until our regular meeting in October." Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item ( or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, "I move the previous question" or "I move the question" or "I call the question" or sometimes someone simply shouts out "question:' As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a "request" rather than as a formal motion. The chair can simply inquire of the body, "any further discussion?" If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the "question" as a formal motion, and proceed to it.

When a member of the body makes such a motion ("I move the previous question"), the member is really saying: "I've had enough debate. Let's get on with the vote." When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

NOTE: A motion to limit debate could include a time limit. For example: "I move we limit debate on this agenda item to 15 minutes." Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion.A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, "I move the previous question;' or "I move the question;' or "I call the question;' or "I move to limit debate;' it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body ( a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it's pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the "no" votes and double that count to determine how many "yes" votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote "no" then the "yes" vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote "abstain" or in the case of a written ballot, cast a blank ( or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. ( California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in

ITEM NO. 19.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. ( California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of"those present" then you treat abstentions one way. However, if the rules of the body say that you count the votes of those "present and voting;' then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb ( and default rule) is that you count all votes that are "present and voting:' Accordingly, under the "present and voting" system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are "present"), but you treat the abstention votes on the motion as if they did not exist ( they are not "voting"). On the other hand, if the rules of the body specifically say that you count votes of those "present" then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like "no" votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are "present and voting:' If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three "yes;' one "no" and one "abstain" also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed - so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members "present." Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a "no" vote. Accordingly, if the votes were three "yes;' one "no" and one "abstain;' then the motion fails. The abstention in this case is treated like a "no" vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
6 Now, exactly how does a member cast an "abstention" vote? Any time a member votes "abstain" or says, "I abstain;' thatis an abstention. However, if a member votes "present" that is also treated as anabstention (the member is essentially saying", Count me for purposes of a quorum, but my vote on the issue is abstain:') In fact, any manifestation of intention notto vote either "yes" or "no" on the pending motion may be treated by the chair as anabstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote "absent" or "count me as absent?" Interesting question. The ruling on this is uptothe chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually "absent." That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.
* First, is the matter of timing. A motion to reconsider must be made at the meeting where the item wasfirst voted upon.A motion to reconsidermade at a later time is untimely. (The body,however,can always vote tosuspend the rules and, bya two-thirds majority, allow a motion to reconsider to be made at another time.)
* The motion may be made and considered no later than the next regularly scheduled meeting of the Council after the item was originally acted upon.

Second, a motion toreconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider ( any other member of the body
- including a member who voted in the minority on the original motion - may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion toreconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

ITEM NO. 19.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is "no:' There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, "point of privilege:' The chair would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear.

Order. The proper interruption would be, "point of order:' Again, the chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day
. This is simply another way of saying,
"return to the agenda:' If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: Tell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

ITEM NO. 19.

LEAGUE"

OF CALIFORNIA
CITIES
1400 K Street, Sacramento, CA 95814
(916) 658-8200 I Fax (916) 658-8240
www.cacities.org
To order additional copies of this publication, call (916) 658-8200. $10
© 2011 League of California Cities. All rights reserved. © Printed on recycled paper.

ITEM NO. 19.

ATTACHMENT 2

COUNCIL POLICY MANUAL
TITLE: Town Agenda Format and Rules POLICY NUMBER: 2-01 EFFECTIVE DATE: 12/15/1986 PAGES: 7
ENABLING ACTIONS: 1986-183; 1987-
024; 1988-124; 1993-181; 1994-057;
1996-108; 2001-077; 2004-033; 2009-
002; 2021-047
REVISED DATES: 12/15/1986; 3/2/1987;
6/6/1988; 6/15/1992; 12/6/1993; 4/4/1994;
8/5/1996; 7/2/2001; 4/5/2004; 1/20/2009;
3/16/2009; 12/6/2010; 8/5/2013; 3/3/2015;
9/20/2016; 6/20/2017; 8/1/2017; 12/4/18/;
8/20/19; 12/3/19; 6/1/2021; 11/2/2021;
9/20/22; 2/7/2023; 11/21/2023; 8/6/2024
APPROVED:

PURPOSE
To establish procedures which standardize Town agendas and ensure an orderly meeting. This Policy applies to Town Council and all Town Boards, Commissions, and Committees, and references to Mayor will apply to Boards, Commissions, and Committees Chairpersons as set forth in this Policy.

POLICY
The following policies have been established:

A. Order of the Agenda
Subject to the Mayor’s discretion to change the order of consideration of any agenda item during any individual meeting:

Call Meeting to Order
Roll Call
Pledge of Allegiance
Presentations
Consent Calendar
Verbal Communications
Public Hearings
Other Business
Council Matters
Manager Matters
Attorney Matters and Closed Session Report
Adjournment (No later than midnight without vote.)
Small Town Service Community Stewardship Future Focus

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
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POLICY NUMBER:
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B. Closed Session Report
As required by the Brown Act, the Town Attorney will report on actions taken at the Closed Session, but without reporting any information which could damage the Town’s position on a) potential or existing litigation, b) the acquisition or disposition of property, or c) any employee’s privacy interests. In addition, the Closed Session agenda shall clearly identify the subject of each agenda item consistent with the requirements of the Brown Act.

C. Communications by Members of the Public
Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required.

1. Verbal Communications. Comments by members of the public during the initial Verbal Communications portion of the agenda on items not on the Council agenda shall be limited to 30 minutes and no more than three (3) minutes per speaker, or at the discretion of the Mayor. Town resources may not be used to facilitate audio or visual presentations. Individuals addressing the Town Council under Verbal Communications may submit written materials and must provide at least one (1) copy for inclusion in the administrative record. As an item not listed on the agenda, no response is required from Town staff or the Council and no action can be taken. However, the Council may instruct the Town Manager to place the item on a future agenda. At the conclusion of the first Verbal Communications, the agenda will proceed onto the Public Hearings and Other Business sections of the agenda. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications section can be opened prior to Adjournment.

2. Public Hearings. Presentations during the Public Hearings portion of the agenda by appellants and applicants, including any expert or consultant assisting with the presentation, shall be limited to a total of no more than five (5) minutes for all speakers.

Appellants and applicants shall be provided no more than three (3) minutes to rebut at the end of the public hearing. Visual presentations that require the use of staff resources shall be limited to appellants and applicants. Other members of the public testifying at public hearings shall be limited to no more than three (3) minutes and may submit written materials, provided that one (1) copy is submitted for inclusion in the administrative record.

3. Submittal of written materials by Applicant and Appellant. To allow Town Council, Boards, Commissions, Committees, Town Staff, and the public the opportunity to review material in advance of a hearing, all materials should be submitted by the Applicant or Appellant to the designated staff member prior to the publishing of the report for the scheduled public hearing.

Documents and materials received from the Applicant or Appellant after the publishing of the report will be accepted; however, the Town Staff and the Town Council may not be able to analyze the late submissions based on the time provided by the submitter for such material to be reviewed.

3. Other Agenda Items. Comments by members of the public concerning any other item on an agenda shall be limited to no more than three (3) minutes per item. Page 788 ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
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POLICY NUMBER:
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4. Mayor’s Discretion. All time limits noted above shall be subject to change at the Mayor’s discretion.

D. Consent Calendar
Items on the Council agenda that are considered to be of a routine and non-controversial nature are placed on the Consent Calendar. Typical items include meeting minutes, final reading and adoption of ordinances, resolutions approving agreements, awards of contracts, status staff reports, etc.

Consent items shall be approved by a single Council motion unless a member of the Council requests that an item be removed for separate Council action. Members of the public may speak on an item on the Consent Calendar during the public comment portion before the Council votes on the Consent Calendar. Items removed from the Consent Calendar may be considered at that meeting at the Mayor’s discretion.

E. Presentations
The Presentations portion of the agenda is intended to allow organized groups to make formal presentations to the Council and to recognize and honor deserving individuals and organizations. All matters included on the Presentations portion of the agenda require the prior approval of the Mayor and shall be limited to no more than ten (10) minutes, unless the Mayor grants additional time. Visual presentations must be submitted to the staff 24 hours in advance of the meeting unless otherwise authorized by the Mayor.

F. Council Matters
Members of Council may report on the activities of the committees to which they belong or the meetings they attend, question staff briefly on matters upon which the Council has taken action or given direction, make brief announcements related to activities that a Council Member performs on behalf of the Town or its residents, or discuss whether to place particular items on future agendas for action by the Council. Personal business and personal political campaign activities are not Council Matters. Council Members’ reports are limited to three minutes each. Public comment on any Council Matter will be provided during Verbal Communications section of the agenda.

During the Council Matters portion of the meeting, any Council Member may request that an item be placed on a future agenda for Council discussion. If a second Councilmember supports the request or if such request is solely made by the Mayor, the item will be scheduled on the next agenda under Council Matters for discussion purposes only.

If the item requires significant staff effort as determined by the Town Manager, then three or more members of the Council must vote in favor of placing an item on a future agenda for action. If more information is needed, the Council can continue the item to allow staff to obtain the required information, with approval by a majority of the Council.

ITEM NO. 19.

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POLICY NUMBER:
2-01
Discussion items are intended solely for dialogue between Councilmembers and shall not require staff research, reports, or preparation beyond listing the item on the agenda. If, after such discussion, three or more Councilmembers support further consideration through a vote to agendize, the item shall be placed on a future agenda for formal action. At that time, staff will prepare the necessary materials and reports consistent with standard agenda procedures.

Nothing shall limit three or more Council members from providing direction on requesting action at any time.

G. Adjournment
Council meetings will be adjourned at midnight unless a majority of the Council Members present vote to extend the adjournment time.

H. Americans with Disabilities Notice on Town Agendas
As part of the requirements under the Americans with Disabilities Act, the Town is required to provide notice of whom to contact in advance of a public meeting for assistance to disabled individuals who might wish to participate. The following notice shall be provided in at least one location on each Town agenda for Council, Boards, Commissions, or Committees.

I. Preparation of the Town Council Agenda
The agenda is prepared by staff in consultation with the Mayor for the Mayor’s final approval. If there is a disagreement between The Mayor and staff, the Mayor makes the ultimate call on the Agenda and its items. In the case of any order change or scheduling agenda items, the Town Manager has the discretion to adjust the order and scheduling if such change is necessary to mitigate an operational, financial, or compliance related impact.

The Mayor in good faith will make every effort to place a Council requested item on the first available Council agenda in consultation with the Town Manager.

If the wish of the Council is to add an item on the agenda of the current meeting, then the Brown Act generally requires a two-thirds (2/3) vote or a unanimous vote of those present if less than five (5) Council Members are present, with a finding that there is a need to take immediate action and the need for action came to the attention of the Town after the agenda was posted.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834. Please notify the Clerk’s Office at least two (2) business days prior to the meeting so that reasonable arrangements can be made to ensure accessibility in compliance with 28 CFR §35.102-35.104 and related provisions.

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
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POLICY NUMBER:
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i. Preparation of the Town Boards, Commissions, and Committees Agenda For Town Boards, Commissions, and Committees, the staff liaison will consult and consider the Chairs’s input on the items scheduled for future meetings.

J. Council Regular Meeting Agenda Schedule and Preparation In general, questions or inquiries from Council Members to the Town Manager and/or Town Attorney regarding agenda items should be responded to within 24 hours, and then placed into Addenda and/or Desk Items, as appropriate.

The following timeline outlines the standard schedule for finalizing and distributing Town Council meeting materials. While this schedule will be followed under normal circumstances, adjustments may occur based on staff availability, meeting demands, or unforeseen circumstances.

Thursday, prior
to the meeting
Written agenda is finalized and printed. Agenda packets distributed to Town Council Members.

Friday, prior to
the meeting
Additional information from staff available after the Thursday distribution of the agenda packet, and public comments received prior 3:00 p.m. will be distributed to Town Council members as an Addendum to a staff report.

Monday, prior
to the meeting
Additional information from staff available after the Friday Addendum and public comment received prior to 3:00 p.m. on Monday will be distributed to Town Council members as an Addendum to a staff report.

Day of Council
Meeting
Public comments received by 11:00 a.m. on the morning of a Council meeting will be included in a Desk Item for distribution to Town Council members by 3:00 p.m. on the afternoon of a Council meeting. Public comment received after 11:00 a.m. will not be distributed to the Council in the Desk Item; however, public comment may be submitted by individuals during the Council meeting.
i. Boards, Commissions, and Committee Schedule and Preparation.

The schedule for Boards, Commissions and Committee meetings will follow a corresponding schedule, depending on their meeting day.

K. Agenda Posting
Agendas shall be posted at least 72 hours prior to a regular meeting, and at least 24 hours prior to a special meeting in compliance with the Brwon Act.

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
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POLICY NUMBER:
2-01
L. Conduct of Town Council Meetings
The Council shall adopt:

1. Modified Rosenberg’s Rules of Order (Exhibit A - changes are bolded and noted with asterisks) with a change to the “Basic Format for an Agenda Item Discussion “section to allow Council Members to ask questions after public comment; and a change to the reconsideration process to allow a reconsideration of a motion as outlined in this policy under Section O; or

2. Allow the Mayor to conduct the meeting as deemed appropriate so long as all members of the Council concur.

M. Attendance at Meetings
The Town Council and Commissioners are expected to attend all meetings as part of their commitment to their positions. Attendance requirements for Commissioners are set forth in Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum. Consistent with the Family Medical Leave Act and the California Family Rights Act, absences of up to 12 weeks due to the birth of a child constitute excused absences.

N. Remote Attendance
In addition to the requirements of the Brown Act, the following guidelines apply to Town meetings:

1. Town Council Meetings: Requests by Council Members to attend a regular Council meeting via remote appearance (either Zoom or telephone) are allowed on a limited basis and with no more than two regular meeting remote participations in a row. In addition, at least a quorum of the Council must participate from a location within the Town and comply with other requirements of the Brown Act. However, a Council Member may participate remotely under the ‘Just Cause’ provisions of Government Code Section 54953, with remote participation limited to five meetings per calendar year. When a Council Member is participating remotely, they shall have their camera on and be visible for the duration of the meeting.

2. Town Board, Committee, and Commission Meetings: Board, Committee, and Commission members may participate remotely by telephone only, with the exception of the Finance and Planning Commissioners who have the choice of either Zoom or telephone.

Requests by Commissioners to attend a Commission meeting via remote appearance should be allowed on a limited basis, with no more than four remote participations annually, no more than two regular meeting remote participations in a row, and in compliance with the Brown Act.

3. Remote Participation by the Public: In conformance with Government Code Section 54953, the public may participate in Town Council meetings remotely. The public may also participate in Finance Commission and Planning Commission meetings remotely as technology allows. Individuals can join these meetings using the remote participation instructions provided on the agenda, based on the available technology and equipment. Page 792 ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
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The remote participation instructions shall be provided on all Town Council, Finance Commission, and Planning Commission agendas with the exception of Town Council Closed Sessions. There is not a remote public participation option for other Town Boards, Committees, or Commissions.

O. Proposed Reconsideration of Prior Council Actions
Reconsideration of prior Council actions is discouraged and may only occur in special circumstances subject to the procedural restrictions outlined herein. Reconsideration does not include, and this Policy does not prohibit, the repeal of a resolution or ordinance in response to a lawsuit or a referendum challenging that adoption.

Step 1 – Motion to Place Reconsideration of a Prior Action on a Future Council Agenda a. The motion must be made by a Council Member who previously voted on the prevailing side of the prior action, while the second can be any Council Member ; b. The maker of the motion shall specifically articulate the new information, analysis and/or circumstances that warrant(s) reconsideration of the prior action; c. The motion must be adopted by a majority of the full Council; and d. The motion may be made and considered no later than the next regularly scheduled meeting of the Council after the item was originally acted upon.

Step 2 – Full Reconsideration of the Prior Action, if a motion as outlined in Step 1 is approved.
a. The full reconsideration of the prior action will be placed on the next available Council agenda following the agenda-setting and required public notification process. b. The agenda, public notification and staff report for the full reconsideration of the prior action shall clearly state that the item has been previously acted upon by the Council and is being reconsidered by the Council.
c. Action on the reconsideration of the prior action shall adhere to regular Council policies and practices as if the item was being heard for the first time. d. The full reconsideration of the prior action (whether sustained, reversed or otherwise modified) will be the final action on that item, and no further reconsiderations will be considered.

P. Motions by the Mayor
The Mayor may make or second motions. The Mayor may also restate, or ask that the maker restate, all motions immediately prior to any vote.

ITEM NO. 19.

TITLE: Town Agenda Format and Rules PAGE:
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POLICY NUMBER:
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Q. Behavior Expectations at Town Meetings
At each meeting, the Mayor should welcome the public to participate in the meetings, understanding that the purpose of the meeting is to conduct the important business of the Town in an efficient and effective manner. The Mayor may promote constructive communication by asking Council members, staff, and community members to embrace and adhere to the following values:
• Be respectful, welcoming, inclusive, compassionate, and kind to each other, • Appreciate the diversity of perspectives and views in our community, • Express your views and share your perspectives in helpful ways, • Listen to understand and empathize with each other, and • Collaborate and work together to do what is best for Los Gatos.

As needed, the Mayor may need to remind the public about the Town’s civility rules listed below:

1. For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow the Town’s meeting guidelines by treating everyone with respect and dignity. This is done by following meeting guidelines set forth in State law, in the Town Code, and on the cover sheet of the Council agenda.

2. The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council meetings.

3. Town Council and staff are well aware of the public’s right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, and bigotry statements are completely unacceptable and will not be tolerated in any way, shape, or form at Town Council meetings.

4. All public comments at the Town Council meeting must pertain to items within the subject matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and bigotry against non-public officials.

R. Managing Disruptive Behavior During Meetings
The Town will go through the following steps in the event of a meeting disturbance:

1. If the individual is participating remotely, the Mayor, or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. If they do not promptly cease their disruptive behavior after the warning their permission to speak will be removed.

2. If the individual participating in-person, the Mayor or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. If the speaker does not promptly cease their disruptive behavior after the warning, they may be removed from the meeting. Page 794 ITEM NO. 19.

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3. In accordance with Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting infeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session.

Only matters appearing on the agenda may be considered in such a session.

Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.

Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

Nothing in this policy limits other options to resolve disruptions, including but not limited to, taking a recess.

APPROVED AS TO FORM:
_________
Gabrielle Whelan, Town Attorney

ITEM NO. 19.

Rosenberg's Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg

EXHIBIT A

ITEM NO. 19.

LEAGUE9
OF CALIFORNI.A
CITIES

MISSION AND CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
To be recognized and respected as the leading advocate for the common interests of California's cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California's incorporated cities.

The League strives to protect the local authority and automony of city government and help California's cities effectively serve their residents. In addition to advocating on cities' behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

ABOUT THE AUTHOR
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee ( the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.

II

ITEM NO. 19.

TABLE OF CONTENTS
About the Author ............................................................................................................ ii Introduction .................................................................................................................... 2 Establishing a Quorum ................................................................................................... 2 The Role of the Chair ...................................................................................................... 2 The Basic Format for an Agenda Item Discussion ........................................................ 2 Motions in General ......................................................................................................... 3 The Three Basic Motions ................................................................................................ 3 Multiple Motions Before the Body ................................................................................. 4 To Debate or Not to Debate ............................................................................................ 4 Majority and Super-Majority Votes ............................................................................... 5 Counting Votes ................................................................................................................ 5 The Motion to Reconsider .............................................................................................. 6 Courtesy and Decorum .................................................................................................. 7 Special Notes About Public Input .................................................................................. 7 1

ITEM NO. 19.

INTRODUCTION
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules - Robert's Rules of Order- which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert's Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg's Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg's Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg's Rules in lieu of Robert's Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs ( or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

ITEM NO. 19.

First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format ( which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded ( or the public hearing, as the case may be, is closed).
* The chair should ask members of the body if they have any questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

I. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
3 Ninth, the chair takes a vote. Simply asking for the "ayes" and then asking for the "nays" normally does this. If members of the body do not vote, then they "abstain:' Unless the rules of the body provide otherwise ( or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body:'
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member's desired approach with the words "I move ... "
A typical motion might be: "I move that we give a 10-day notice in the future for all our meetings."
The chair usually initiates the motion in one of three ways:

I. Inviting the members of the body to make a motion, for example, ''A motion at this time would be in order."

2. Suggesting a motion to the members of the body, ''A motion would be in order that we give a 10-day notice in the future for all our meetings."

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body's consideration. A basic motion might be: "I move that we create a five-member committee to plan and put on our annual fundraiser:'