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Desk Item - Story Pole Time Extension2MEETING DATE: 06/29/16 ITEM NO. 1 DESK ITEM COUNCIL AGENDA REPORT DATE: JUNE 29, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: CONSIDER A TIME EXTENSION FOR STORY POLES FOR THE PHASE 1 NORTH FORTY DEVELOPMENT APPLICATIONS. APNS: 424-07-024 THROUGH 027, 031 THROUGH 037, 070, 083 THROUGH 086, 090, AND 100. REMARKS: Staff received the attached correspondence after distribution of the staff report (Attachment 2). Attachments received with this Desk Item: 1. Letter from applicant's attorney, received Tuesday, June 28, 2016 (three pages) 2. Public Comments received between 11:01 a.m. Tuesday June 28, 2016 and 11:00 a.m. Wednesday, June 29, 2016. PREPARED BY: JOEL PAULSON Community Development Director Reviewed by: N/A Assistant Town Manager Town Attorney Finance S:\COUNCIL REPORTS\2016\06-29-16\Desk Item - Story Pole Time Extension.docx 6/29/2016 12:31 PM MM ANDREW l FAEER RALPH J. SWANSON PEGGY 1. SPRN,GAY JOSEPH E. DWORAL SAMUEL L FARB ALAN J. PNNER LN0A A GALLON JAMES P. CA.SHmAN STEvEN J. CASAD NANCY J. JOHNSON AROLD A RERON 1�1A1HAN DWOLF A THLEEf K- Sri( KEVIN1 KELLEY MARE 1M;fWIC! JEFfREY S. ILAUFMAN JCL( HOUSTON IRIANt. SHETLER JOHN F. DOFA. GUE NARR r A. LOPE/ CHARLES w, vOLPE MLCHAEL WOLANH CHRTSTINE HLONG AARON M. VMENTI CHRellAN E. PiCONE SLISAN E. SHOP SANDRA G.SEPULvEDA 13,, ,,L.B++ERLINER L. O H E N LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR' SAN JOSE. CALIFORNIA 95113-2233 TELEPHONE: (408) 286-51300 FACSIMILE: 1408) 998-5388 www.betliner,c0rn Amnen onces M. cod, CA • MaOkHIo. FHOMAS P. MURPHV 1YFER A. SHEWF STACEY A. WEILER H. SHFNFJr W FkEEN P, KE>✓NEDY SARA L. POLLOCK LAURA PAL.AEUOLO BEAU C. CORREIA 0MaERLY G. FLORE3 LAWRENCE LIN JEREJNY F. SEGALL DAVID A, OELLUMOR' DAWN C. SWEAFT JACOVES F, aARROT SAIHLEENr, LHERMAN SIEPHEH C. SCPRPEL0 MLCNAR J CHENG ALLCNAEL C. aRANSON NMFER Y_ LEUNG JUSTN D. PRIAM ERIC D. 1EIRAULT ANTHONY LSOlAGFR REIYIED OF COUNSEL SAMUEL LCOHEN ROEERT V. HUMP'HRE'TS HVGH L ISOLA ROAFRI L CHORTEL June 28, 2016 VIA EMAIL and U.S. MAIL Laurel Prevetti Town Manager Town of Los Gatos 110 F. Main Street Los Gatos, CA 95030 Re: North Forty Phase 1 Story Poles Our File No.: 09427-065 Dear Ms. Prevetti: SANFORD A. BERLINER' 51EVEN HALLGRL $ON FRANK R. uIHAVS ER IC WONG MCHAEL B. UAAt5 NANCY L. IRANDT LESLIE SAL1M M.NUG$ As you know, Grosvenor and SummerHill (collectively, "Applicants") have erected a very substantial array of story poles and associated netting on the Phase 1 project (the "Project"). In fact, more than 500 story poles have been erected and maintained at very considerable expense. The design and placement was undertaken in accordance with the Story Pole Exception Approval granted by the Town Council at a public hearing on February 16, 2016. The Town Council motion at that meeting required that the story poles be in place for a period of 60 days following certification of their placement. That 60-day period expires on July 2, 2016. states: The 60-day duration of the poles is noted on the Town's website, which "The North Forty story pales were certified as to the accuracy of their Location and height on May 4, 2016. As required by A.c T1ciNT 1 4a2D.6853-3044r3 ALF109427065 Laurel Prevetti June 28, 2016 the February modification, all poles will remain in place for 60 days from the certification, and will come down after July 2, 2016." In fact, all but approximately 18 of the more than 500 poles that now are in place were installed by March 18, 2016, so by July 2nd, they will have been in place for almost four months. When the Applicants asked for a modification of the exception because they realized that some of the required poles would be in tenant parking lots and otherwise would interfere with the existing businesses on the site, the Town Council refused to modify the February 16, 2016, Story Pole Exception Approval, thus confirming that approval as the operative requirement for the story poles. We have heard that there has been a request by some members of the public that the poles remain in place pending the Planning Commission hearings. Please be advised that the Applicants do not agree that the Town has any lea authority to require an extension of the 60-day requirement of the granted Story Pole Exception Approval. Nothing in the Town Story Pole Policy allows such additional requirement, and it is clear that exceptions can be granted only upon request of an applicant. The Applicants are making no such request, and will vigorously oppose any attempt to extend the approved 60-day requirement for the poles. Following certification of the placement of all poles on May 4, 2016, the Town had ample time to schedule the project for Planning Commission and even Town Council review before the 60-day period expired. Any delays in holding hearings on the Project have been caused by the Town's process and scheduling, and are not attributable to the Applicants. The Applicants do not agree to incur significant additional expenses due to the Town's delays. The Applicants have relied in good faith upon the conditions imposed in the Story Pole Exception Approval, specifically including the 60-day duration, and their resulting vested rights would be severely damaged if the July 2nd end date were extended. Specific agreements were made with tenants (after difficult negotiations, since the tenants had requested a much shorter period of dislocation) on the basis of the poles being removed aver July 2nd. Further, farming operations must resume. 1 have been informed that the guy wires and poles have completely paralyzed farming operations: farm equipment cannot navigate around the poles to disc, cut grass, or undertake any normal farming activities. The requirements placed on this Project greatly exceed any application that we are aware of for story poles on development sites. It has been extremely costly to erect and maintain the poles, and their continued existence, past the required 60 days, would only pose further risks to the safety and convenience of the businesses (and their customers) and property owners affected. 4820-6853-3O44v3 ALFW9427085 -2- Laurel Prevetti June 28, 2016 In addition to the lack of legal authority for an extension of the story poles, there are several reasons that an extension would serve no public purpose. First, it is obvious that the story poles have already served their purpose. They have performed the desired function of giving a visible representation of the location of the buildings proposed in the Project, and in fact, have obviously led to considerable public response. Second, the public has many other sources of visual information on the project; pursuant to the Story Pole Exception Approval, the Applicants also have provided full photo -documentation of the poles onsite, as well as a large scale model (and there are also numerous renderings in the Project application materials). The Applicants intend to start removing the poles, pursuant to the Story Pole Exception Approval, after July 2, 2016. We would be happy to provide any further information. Very truly yours, BE,INER COHEN, LLP cc: Mayor and Councilmembers Town Clerk Rob Schultz, Town Attorney Joel Paulson, Planning Director Wendi Baker Don Capobres 4820-6853-3044v3 ALF109427065 ANDREW L. FABER E-Mail: andrewfaber@berliner.com berliner.com -3- This Page Intentionally Left Blank From: Shannon Susick Sent: Tuesday, June 28, 2016 1:58 PM To: BSpector; sieonardisi- Marcia Jensen; Manco Sayoc; Rob Rennie Cc: Laurel Prevetti; Robert Schultz; Joel Paulson Subject: North 40 Story Pole Removal Good Afternoon Council & Staff, As t am not sure if t will be able to make the meeting schedule for tomorrow Wednesday the 29th at 6pm regarding the above captioned item I would like to request that the Story Poles remain in place as per our Town policy: "The height poles and netting shall be installed prior to the public noticing of the matter and shall be kept in place until the project has been acted upon and the appeal period has ended, If the project is appealed, the height poles and netting shall remain until final action is taken". To allow the story poles to be removed prior to any application decision is inappropriate considering the scope & magnitude of the project. The timing of the removal prior to the July 4" holiday when thousands will be driving by the proposed site and prior to the July 12`h Planning Commission meeting is not applicable considering the potential impact. Please ensure that the poles and netting remain in place until a decision is made by the Town on what could be the largest development we will ever see. Thank you so much for your time, Shannon Sdsick ATTACHMENT 2 From: Lucille Weidman Sent: Tuesday, June 28, 2016 3:32 PM To: BSpector; Steven Leonardis; Marcia Jensen; Marico Sayoc; Rob Rennie; Robert Schultz; Laurel Prevetth; Joel Paulson Subject: June 29th special Town Council meeting Dear Mayor Spector and Town Council Members: We would like to thank Mayor Spector for calling this special meeting, Wednesday, June 29th at 6PM in Council Chambers regarding the North 40 story pole issue and for the road closures. Thank you also to the Town Council Members and staff for taking firm and decisive action to stop the gridlock to many of the town streets due to the traffic going to Santa Cruz via Highway 17 on the weekends. To us the ramp closure onto Highway 17 proved a success, especially on Sunday, June 26t. Apparently Saturday, June 25'h was a day of learning for the non -believers and the uninformed. We hope to see the closures continue beyond the three weekends proposed. It is our opinion and request that the Town Council require the story poles remain in place as per Story Pole Policy, which requires that they "shall be kept in place until the project has been acted upon and the appeal period has ended. If the project is appealed, the height poles and netting shall remain until final action is taken". Town of Los Gatos has a Story Pole Policy in place designed to avoid ambiguity when a development is proposed for our Town. It is imperative that the sight and scope of any project be as factually and visually displayed as possible. Respectfully, Sam and Lucille Weidman From: Susan Kankel _ Sent: Tuesday, June 28, 2016 3:41 PM To: Council Cc: Laurel Prevetti; Joel Paulson, Matt Morley Subject: North Forty Story Poles Please do not grant the developer another exemption to the town's policy on story poles. The public, both visitors and residents, have the right to view the proposal throughout the entire proposal process. One need only to refer to the town's policy: 'The height poles and netting sha!l be installed prior to the public noticing of the matter and shall be kept in place until the project has been acted upon and the appeal period has ended. If the project is appealed, the height poles and netting shall remain until final action is taken" Thank you for your consideration. Susan Kankel Reservoir Road From: Moses, Roy Sent: Tuesday, June 28, 2016 6:36 PM To: BSpector; Marico Sayoc; Steven Leonardis; Marcia Jensen; Rob Rennie Cc: Robert Schultz; Laurel Prevetti Subject: North 40 Story Poles - Please do not take down Dear Mayor, Vice Mayor, Council Members and Staff: Thank you in advance for hearing the members of the Town of Los Gatos community regarding the Development of the North 40. Together we can make this project a very proud accomplishment for our Town. l ask you to NOT pre -maturely remove the Story Poles before the allotted time agreed to. Story Pole Policy per the Town of Los Gatos: "The height poles and netting (which is not on all the poles) shall be installed prior to the public noticing of the matter and shall be kept in place until the project has been acted upon and the appeal period has ended. If the project is appealed, the height poles and netting shall remain until final action is taken." Please, adhere to what has been agreed to. Thank you, in advance, for your cooperation in this regard. Respectfully, Roy Moses Citizen of Los Gatos since 1968 From: Richardsons [ Sent: Tuesday, June 28, 2016 8:06 PM To: Sally Zamowitz Cc: Lainey and Bruce Richardson Subject: Story Poles Do the residents of Los Gatos have to abide by the Story Pole timeline? If so, the developers need to abide by the timeline also..... no favoritism for out of towners Lainey Richardson From: Tara Moseley Date: June 28, 2016 at 10:21:22 PM PDT To: <bspector(a losgatosca.gov>, <sleonardislosgatosca.gov>, <mlensen t(�7losgatosca.gov>, Rob Rennie <rrennie{c�losgatosca.gov>, <msavoc(losgatosca.clov> Cc: <RSchultz(a)Iosgatosca.gov>, <Iprevetti(u7losgatosca.gov>, <jpaulsonPlosgatosca.gov> Subject: North 40 - Please keep story poles in place Hello Mayor Spector, Council Members, and Staff; First, thank you for your service and your time to review my email. Second, I am writing this email to request that the story poles remain in place per the Town's Policy for the proposed North 40 development, Please do not allow the developer to have the poles removed early without the opportunity for all visitors and town residents to see the potential development until a decision has been made by the Town. This is an exceptional site and property that needs to be thoroughly reviewed and visually inspected by all that are able. Again, please do not allow further exceptions to be granted to the developer. Please keep our Town first. Kind regards, Tara Moseley (Los Gatos Resident) From: Erin Kasenchak Sent: Tuesday, June 28, 2016 11:12 PM To: Sally Zarnowitz Subject: North 40 story poles should not be taken down yet I've expressed my dissatisfaction on numerous aspects of the North 40 project over the past 2 years. The request by the developer to take down the story poles before the project has been approved should be denied. These poles are an excellent visual representation of the overwhelming scope of this project which all town people need to be reminded of. It's the reason so rnany residents finally spoke up against this project after they saw what was being proposed. They need to remain until the project has been finalized as a constant reminder to all of what we do not need or want in our "town" Thank you Erin Kasenchak From: "vacarpio ." Date: June 28, 2016 at 11:11:21 PM PDT To: <bspector a( 7,#osgatosca.caov>, <sleonardis(Qlosgatasca.gov>, <miensen(cDlosgatosca_gov>, <msayoc(a losgatosca.aov>, <rrenniealasgatosca.gov>, <RSchultz aClrosgatosca.gav>, <Iprevetti(a)losgatosca.gov>, <Ipaulson(@losgatosca.gov> Subject: Story Pole Policy for the 'North 40' Development Please require the developer to keep the poles up and in place until the project has been acted upon and the appeal period has ended. I am a 44 year home owner in Blossom Manor neighborhood and I am saddened and alarmed to know that a project of the size and scope as this one was preliminarily approved by the Town planners and Council. It is so very opposite of the personality and charm of the Los Gatos I have known. It is my hope that something else will be developed in its place that is not going to increase density and traffic to the extent that this development would. I have suggested that a park or 8 hole or larger golf course. i would now add a third suggestion: low density housing. I understand that the tax base is the reason for allowing the current project, but the cost for people who live here is that Los Gatos Blvd and Lark Ave become a 'parking lot' hub of traffic congestion and an ugly crowd of buildings that goes on for acres. That's too high a cost. I remember the back up of traffic on Stevens Creek Blvd all the way from Hwy 880 exits to the entrances to Santana Row that existed for several decades. We should avoid this nightmare. Sincerely, Virginia Carpio From: Kathy Winkelman Date. June 29, 2016 at 12:26:09 AM PDT To:"bspectoraAlosgatosca.gov" <bspector( losgatosca.gov>, "sleonardisIosgatosca.gov" <sleonardis(losgatosca.qov>, "miensen(losgatosca-qov" <miensen(a?losctatosca.gov>, "msayoc( losgatosca.gov" <msayoc©losgatosca.qov>, "rrennie(C�Josgatosca.Clov" <rrennie(cillosgatosca.gov>, "RSchultz(losgatosca.gov"' <rschultzAlosgatosca.gov>, "Iprevetti( losgatosca.cov" <lprevetti(c losciatosca.aov>, "jpaulson{ osgatosca.gov" <Jpauison(7a losgatosca goy>, "arnydespars( Subject: Regarding the North 40 and Story Poles Dear Mayor, Council, Staff, and all, Thank you sincerely. I trust that if you are representing the people of Los Gatos, if you have lived in Los Gatos for more than ten years, if you have studied the history of Los Gatos, if you have had children walk or ride their bikes to school in Los Gatos, or walk or ride to Little League, Scouts, Dance, Theatre, If you have attended our local parade, Music in the Park series, bike race, running races, If you have tried to get to and from work, to or from the local hospitals, grocery stores, bank, drug stores, downtown shops, THEN YOU KNOW WHAT THE PEOPLE OF LOS GATOS ARE TALKING ABOUT. THIS TOWN IS CROWDED AND LOSING ITS CHARM. THE NORTH FORTY DEVELOPMENT if developers want the town people to embrace must be scaled way down to two stories at most, built the way are small shopping centers or town home developments are, such as Charter Oaks, Nob Hill, Kings Court, Whole Foods center. Our streets and town were not built for as many people and businesses as we have already. We are overbuilt already. WE ARE ALREADY DIVERTING TRAFFIC THROUGH TOWN. Keep the story poles up, it is town policy Story Pole Policy per the Town of Los Gatos "The height poles and netting shall be installed prior to the public noticing of the matter and shell be kept in place until the project has been acted upon and the appeal period has ended. If the project is appealed, the height poles and netting shall remain until final action rs taken" Thank you Sincerely, how can anyone want this approved? It does not make sense to me if you are representing the people of Los Gatos have you heard their loud voices? Katherine Winkelman Gioia Italian Art and Products https://gioiacompanv.com/home 408.640.6628 https,//www.facebook.comigiolaitalianartandproducts/?fref=ts hops://www. yelp. comibizigio is -cam pa n y-I os-galas-2?osq=qi ma+ita l ian+art+and+p rod u cts Call Send SMS Call from mobile From:jvannada( Sent: Wednesday, June 29, 2016 6:37 AM To: Sally Zarnowitz Subject: story poles I think there is a point where the council has to make a decision, and you're there. It's not like this project hasn't been vetted for years and years. We'll never agree 100% on anything, and a few people are trying to make life miserable for the greater population. Take the poles down and get on with it. keeping the poles up is not politically correct. It's politically wrong and I hope that it being an election year will not affect your decisions, From: Jeff Whalen Date: June 29, 2016 at 10:51:32 AM PDT To: "BSpector (BSpector@Iosgatosca.gov)" <BSpector@Iosgatosca.gov>, "Steven Leonardis (SLeonardistalosgatosca.gov)" <SLeonardis@losgatosca.gov>, "mjensen a(losgatosca.gov" <mlensen@losgatosca gov>, "msayoc@Iosgatosca.gov" <msayoc(nilosgatosca.gov>, "rrennie@losgatosca.gov" <rrennie@losgatosca.gov> Cc: ' rschultz@losgatosca.gov'" <rschultz losgatosca.gov>, "lprevetti@Iosgatosca. ov' <1prevetti@losgatosca.gov>,'Joel Paulson' <jpaulson@Iosgatosca.gov> Subject: council meeting june 29th Dear honorable Mayor Spector and members of the council; Regarding the story poles now in place on the south end of the north 40 that Grosvenor has optioned from the Yuki's, I implore you to require them to remain in place until the planning commission has made its recommendation and the council has made its vote on those recommendations, Clearly, its been the story pole instalment that has awakened the town populace (after having been unaware or complacent for the last 3 years) as to the magnitude of this proposed development and its attendant impact on our town and schools. Its also clear why the developer cant wait to get them removed, but granting them any exception over what we as typical homeowners must comply with is ludicrous at best, Further, the scope and magnitude of the project as now presented should be allowed to remain in the public eye until you as council, make a final decision. Regarding the street closure during the summer weekends; as a homeowner in both Los Gatos and Santa Cruz, I find it unacceptable that you voted to close the onramp to highway 17 at south Santa Cruz avenue for 3 weekends. This "solution" only creates further problems for those of us wishing to either get out of our Los Gatos neighborhoods and/or over to our homes in Santa Cruz by closing off 50% of the onramps to the highway. Do you think that this closure will lessen the Toad on Winchester, Santa Cruz avenue or Los Gatos boulevard? I believe it will only create greater gridlock in our neighborhoods by restricting the flow of traffic onto one of the southbound roads through town and over the hill (the other obviously being highway 17), I find it ironic that the council wishes to bring in 20,000+ new car trips per day by approving projects like Albright, and now perhaps the North 40 specific plan, but trys to keep some of the very same people out of our town on the weekends. Respectfully, Jeff Whalen. Country Club Heights, La Rinconada neighborhood. Jeffrey M. Whalen Senior Vice President, Market Manager Specialty Markets Bridge Bank 55 Almaden Blvd. suite 100 San Jose, Ca. 95113 P 408.555.8614 C 408.839.3878 Be built, venture wisely."' This Page Mtentionally. Left Blank