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Attachment 8 - January 12, 2022 Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Kathryn Janoff, Chair Melanie Hanssen, Vice Chair Jeffrey Barnett Kylie Clark Steve Raspe Reza Tavana Emily Thomas Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 8 LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR JANOFF: We will resume the Planning Commission meeting and move on to Item #3, which is requesting approval of a Planned Development for construction of a senior living community, removal of large protected trees, and site improvements requiring a Grading Permit on property zoned R:PD. Located at 110 Wood Road. APN 510-47-038. Planned Development Application PD-20-001, and Environmental Impact Report EIR 21-002. Applicant, Rockwood Pacific. Property Owner, Covia Communities. The project planner is Sean Mullin. Are there any disclosures? By a show of hands may I see which Planning Commissioners have visited the property? Thank you for that. I understand, Mr. Mullin, you’ll be giving the Staff Report tonight? SEAN MULLIN: Yes, thank you, Chair. Before you tonight is a request for a recommendation to the Town Council for a proposed Planned Development Ordinance and Environmental Impact Report for construction of a senior community at 110 Wood Road, the current site of the Meadows senior community. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The EIR was prepared to address potential significant impacts resulting from the project and concluded that all impacts could be mitigated to less than significant. The subject property is 10.8 acres characterized by a hillside setting, but not located in the hillside area. The site is the home to the Meadows senior community, which operated from 1971 until 2019. The proposed Planned Development Ordinance in front of you tonight would allow for the demolition of all existing buildings on the site, construction of a new full- service senior living community with 174 independent living units and 17 assisted living units. Removal of 192 trees, including eight large protected trees, and site improvements required a Grading Permit. The proposed senior community consists of a ground floor podium and eight separate buildings, or villas as they are termed in the plans, constructed above the podium. The podium includes the main entrance to the facility, 17 supporting care units, dining facilities, offices, a fitness center, indoor swimming pool, mechanical areas, and two levels of indoor parking. An outdoor terrace would be located above the podium level, providing common space amongst the villas. The eight villas would then rise LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 three to five stories above the terrace level with heights from approximately 42-68 feet. The eight villas would include the 174 one- and two-bedroom independent living units in a variety of floor plans. A full description of the project architecture, including a summary of the review by the Town’s consulting architect, are included in your Staff Report. The proposed project is located primarily in the areas of the property with existing development. Site improvements are required for the new podium and villas, subterranean parking areas adjustments to the site plan, and circulation improvements including a new fire access ring road. Several new retaining walls are required throughout the site with heights from 3-24 feet. The primary function of the new retaining walls is to improve and extend fire access around the project site via the new ring road. As detailed in the Staff Report, the podium and villas would largely screen the walls along the western edge of the development, while those on the eastern edge may be more visible. The applicant has provided a discussion of their efforts to reduce wall heights and visibility in their Letter of Justification. This Letter of Justification does touch on many aspects of the project and LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 provides a detailed summary of their public outreach efforts conducted since 2018. Based on the summary provided in the Staff Report, if the Commission finds merit in the proposal you can forward a recommendation to the City Council to make the required findings, certify the Final EIR, adopt the Mitigated Monitoring Reporting Program, and adopt the Planned Development Ordinance. An Addendum and Desk Item to your Staff Report have been distributed, including additional materials from the Applicant, and additional public comment received after publishing the Staff Report. This concludes Staff’s presentation and we are available for any questions. CHAIR JANOFF: Thank you, Mr. Mullin. Vice Chair Hanssen. VICE CHAIR HANSSEN: I have a question for Staff. Since we have not seen a Planned Development proposal along with an EIR for a while, are they supposed to be separate actions? There’s the recommendation of the certification of the Final EIR, there’s the recommendation of the Planned Development Ordinance, and then I think you mentioned also the recommendation on the Mitigated Monitoring Reporting LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Program. Are those all independent actions, or are they one action? SEAN MULLIN: I’m going to defer to the Director for that question. JOEL PAULSON: Thank you, Vice Chair Hanssen. They are separate actions. So, for instance, you could make the same recommendation for both the Planned Development and the actions necessary for the EIR; or you could, as an example, recommend adoption and certification of the EIR but recommend denial of the project; or recommend to the Council the Planned Development be approved with modifications. They are independent, so you could technically forward a recommendation that is different on both of those, depending on the outcome of this discussion by the Planning Commission. VICE CHAIR HANSSEN: Then if I might, Chair, ask a follow up question. There was a discussion also that once the Planned Development Ordinance and the EIR would be approved, later on there would be an Architecture and Site and some other permits that have to be issued, so is the Architecture and Site… Since the proposed Planned Development Ordinance already includes the height, the number of buildings, and we have the plans with the size of the buildings, what would the Architecture and Site cover? LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEAN MULLIN: The Architecture and Site Application would require some additional information. For instance, the eight villas in front of you this evening in your project plans, full elevations of all eight villas are not included, so it’s an opportunity to make sure that we have all elevations of those buildings and verify that any project refinements made by the Applicant fit within the framework of any approved Planned Development Ordinance. VICE CHAIR HANSSEN: So, the Planned Development Ordinance would or would not include the height of the villas? SEAN MULLIN: The Planned Development Ordinance would include the height of the villas, and in this case I could say that this particular plan set included for the PD is quite robust, so there’s kind of a fine line between what’s in front of us tonight and an Architecture and Site Application. But it would include the height, it would include approximate grading quantities, retaining wall heights, things that exceed what would normally be allowed under the zoning. VICE CHAIR HANSSEN: Okay, thank you. CHAIR JANOFF: Just to clarify, were we to approve the PD, it would be approving the overall form and perhaps not the details that we are seeing tonight? LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEAN MULLIN: Any PD approval would include adoption of these development plans, so maybe that’s a better answer to that question than my previous. The Architecture and Site Application would need to include a project or plans that are in substantial compliance with these development plans; that includes height of the buildings. Should there be slight shifts to the location of buildings, Staff would evaluate that as whether that’s in substantial conformance, or not. But the development plans would be adopted with the Planned Development CHAIR JANOFF: All right, thank you for that clarification. Any other questions of Staff at this time? Commissioner Clark. COMMISSIONER CLARK: Thank you. I have a quick clarification question. I believe that this would become the tallest building in Los Gatos, but I wanted to fact check myself and see if you know if that’s true. SEAN MULLIN: Without 100% certainty, I could answer the question that I believe that would be true. JOEL PAULSON: I would just confirm that, yes, the buildings that are upwards of 85 feet would be taller than the Netflix buildings on Winchester, the newer ones that were most recently approved. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER CLARK: Thank you, and do you know how tall the Netflix buildings are, by chance? JOEL PAULSON: I believe they’re approximately 75 feet, the tallest ones. COMMISSIONER CLARK: Thank you. CHAIR JANOFF: Any other questions for Staff? Commissioner Raspe. COMMISSIONER RASPE: Just kind of a technical question with respect to the scope of the EIR. In the materials we were provided I believe it states that with respect to the height issue only views from public locations are part of the EIR and not any views from private locations, is that accurate? SEAN MULLIN: I believe that’s accurate and I think that dovetails into our previous discussion from the Town Attorney on the previous item about protected views. But, yes, I believe it’s limited to the public areas. Through the Chair I would also mention that our environmental consultants that prepared the environmental document are on hand, should we have more specific questions about the EIR. COMMISSIONER RASPE: One follow up question then. As a result, any questions or comments we might have with respect to views from private areas would more properly be LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 directed during the comments of the PD as opposed to the EIR, is that a fair statement? SEAN MULLIN: I think that’s a fair statement. COMMISSIONER RASPE: Thank you. CHAIR JANOFF: Thank you. Any other questions of Staff? Yes, Commissioner Barnett. COMMISSIONER BARNETT: Is it correct that we are making a recommendation to the Town Council on all of the issues that are on this matter, or are some of them going to be definitive at this stage? SEAN MULLIN: Any decisions made tonight or at any future meetings would be a recommendation to the Town Council. They are the final deciding body. CHAIR JANOFF: Thank you. Any other questions? I did have one, and that is I understand from the Staff Report that this is not considered a hillside parcel. Sure looks like hillside to me. Can you help us understand how this parcel is not in the hillside development area? I know we have maps. Is it just a matter of it being outside a map boundary? SEAN MULLIN: That’s correct. CHAIR JANOFF: All right, thank you. I don’t see any other hands raised, so at this time I will open the LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 public hearing and give the Applicant up to five minutes to address the Planning Commission. JOEL PAULSON: I will allow Mr. Rockwood to speak. Mr. Rockwood, you can unmute yourself and you have up to five minutes. FRANK ROCKWOOD: Can you pull up the presentation? All right, so my name is Frank Rockwood; I’m with Rockwood Pacific, the Applicant. I’m here on behalf of the owners, Covia Communities. Covia Communities is a nonprofit owner/operator of reputable senior living communities throughout California. Our proposal is quite simply to rebuild a better Los Gatos Meadows. With the exception of the last line here listed on this chart, we developed these design goals back in 2018. Please note, we are not proposing to increase the number of units, to increase the number of residents, the number of staff, or to change the use. Furthermore, note that our proposal materially mitigates issues relating to parking, fire access, and fire safety. The current facility was approved in 1968 and opened in 1971. In conformance with industry trends, and based on the results of focus group sessions conducted with local residents of Los Gatos, we are proposing a project that LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would have materially larger units and more amenity spaces than the existing facility. While we are proposing a reduction in the number of units, given the strong demand and need for senior housing, we are proposing only a modest reduction in number of units. We have decided not to pursue an expansion of the development pad, and in fact, we have modestly reduced the development pad in several key areas. Given this decision, combined with the other constraints and goals, our proposal would entail a material increase in massing. Our property is approximate to numerous community resources, and while there are pros and cons in accommodating housing needs in any particular location in town, our project team strongly believes that this location is particularly well suited for our market rate senior community at the scale presented tonight. As everyone is aware, vehicle traffic is particularly challenging in this part of Los Gatos. Our plan includes incorporating an on demand, self-driving vehicle system that will enable our residents and our Staff to get to and from many resources approximate to our community without the use of their cars. We have made, and continue to make, a strong investment in community engagement. We conducted our first LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 open house session in March 2018, with our tenth session this past Monday. While it is not practical for us to be fully responsive to every individual perspective, the project team has and continues to take all comments received into consideration. While there have been a wide range of comments and concerns, most of the comments we have received relate to visual impacts and construction impacts. With regard to construction, we plan to fully conform to the Town standards, and as importantly, we are committed to a robust communication plan. With regard to massing, we have tried to place and balance massing in the matter that while clearly impacting some of our neighbors in the broader community, it does so in a manner that we believe balances competing objectives and concerns. As the Draft Environmental Impact Report analysis concludes, visual impacts are less than significant and are deemed in compliance and compatible with the general character of the hillside area. See Impact 5.3. Please know that we are endeavoring to build and operate an exemplary senior community that would be a resource to the seniors of Los Gatos as well as, I truly believe, on balance a beneficial change for our neighbors and the wider community. In light of the benefits of our LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 proposal and its alignment with several important General Plan goals and policies, including housing policies, we are respectfully requesting the Planning Commission’s consideration of recommending approval of our project to the Town Council. This concludes my short presentation, and myself and my team is available to answer any questions the commission may have. Thank you for your time. CHAIR JANOFF: Thank you for your presentation. Do Commissioners have questions for the Applicant at this time? Vice Chair Hanssen. VICE CHAIR HANSSEN: There was a time back in 2008 where this was brought in front of the Conceptual Development Advisory Committee, which is not a requirement of any project but is a service that our town offers, but it’s often helpful to the Planning Commission and other deciding bodies to have that step. We do have access to the packet and the minutes from that meeting, and while the plans may have changed somewhat since then, it looks like there are less units than there were before. But one of the things that was mentioned was it would be important to have a certain amount of below market rate housing, because we’re under requirements with the State of California to have some level of affordable LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 housing, so could you comment on to what extent there will be affordable housing in this proposal. FRANK ROCKWOOD: I’d like to point out that Covia does have a rather significant affordable housing division. Covia does not offer, and never has offered below market units or affordable market units in any of its continuing care/retirement communities. Please note, as we’ve indicated on page 2 of our Letter of Justification, that state law specifically prohibits the imposition of rent regulations on CCRCs. In consulting with Perkins Coie, our counsel, we believe that this state law applies to our project. I’d also like to observe that we are not proposing to increase the number of units or staffing, employees, etc., from our current approvals. VICE CHAIR HANSSEN: No one has said you’re required to do that, I just was asking the question if you had taken that under consideration, because that was a comment made by the CDAC back in 2008, and had you brought it to the CDAC more recently it probably would have come up again. I have a follow up question related to the same conversation. During that same CDAC meeting there was at that time as well a proposal to go five stories, which is LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 unprecedented for the most part in Los Gatos even as of today. When you made your proposal, to what extent did you considered the feedback brought up by the CDAC back in 2008 that it would be a very difficult thing for the Town to even consider anything that tall? FRANK ROCKWOOD: I can say that we studied thoroughly the feedback from CDAC, and we did consider all the comments. We did consider balancing the objectives, so for instance, there were comments about not expanding the development pad. There were comments about maintaining housing supply. We tried to balance those, and we tried to balance the density. Yes, we do have buildings at five stories, but we do believe that there is merit in keeping the housing supply, not reducing the housing supply any further than we are proposing to do here. VICE CHAIR HANSSEN: Okay, thank you. If I might, Chair, I had one more question. CHAIR JANOFF: Go ahead. VICE CHAIR HANSSEN: The other question I have is about the excavation, the cut and fill. This project is not in the hillside for purposes of the Hillside Standards and Design Guidelines, so you wouldn’t be subject to the guideline of the limit on the cut and fill, but there is a LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 need for a Grading Permit, and it did give me pause to see that. We would require a Grading Permit for 50 cubic yards, yet we’re looking at a net of 140,000, I think is what I read in the Staff Report. So, I just wondered if you could comment on where the 140,000 of cut… Because this is still our hillsides, even if it’s not subject to the Hillside Design Guidelines. What are the things that are driving that? I’m sure part of it is the Fire Department, and maybe part of it is the subterranean garage, but could you break down where that 140,000 is going to come from? FRANK ROCKWOOD: I guess maybe this is a question for Joel. Is this something I could have one of my team members jump in? There’s Mark Falgout with Kimley-Horn; I’m going to hand that question off to him if that’s possible or practical. JOEL PAULSON: It is possible. One second. Mark, you’re now able to speak if you unmute yourself. MARK FALGOUT: Mark Falgout with Kimley-Horn, civil engineer. Nearly all of that excavation is coming from the subterranean garage and the fact that we are tucking this building into the hillside on the backside of the building in order to keep the heights down as low as we possibly can and to get all the parking off of the surface LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 area and onto the site, the excavations are required to do the subterranean garage and to nestle the building into the hillside. VICE CHAIR HANSSEN: So, none of it is related to the fire access road then? MARK FALGOUT: The fire access roads are not contributing to that much cut, it’s more keeping the building elevation down and getting the parking taken care of. VICE CHAIR HANSSEN: Okay, thank you very much. That is my questions for now, Chair. Thank you. CHAIR JANOFF: Thank you. Do any other Commissioners have questions? Yes, Commissioner Clark. COMMISSIONER CLARK: Thank you, and thank you for being here today. I want a little more information on what you were saying about affordable housing. You said that Covia has a robust affordable housing division but that you’ve never had any BMR units in anything that you’ve built. Can you clarify what the affordable housing division is doing then, and then also just state whether or not there will be any affordable units in this complex. FRANK ROCKWOOD: First of all, to clarify, Covia has built, operates, and owns many affordable housing units, but those are what I would call more traditional LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 housing. The community that we’re proposing to rebuild is what we characterize as a continuing care retirement community, also called Life Plan community. That typically involves an entry fee and it involves substantial services: meal services, social services, health services, etc. It’s a different model, and it’s a model that’s service- intensive, and so, yes, Covia has never had below market rate units or affordable units in any of their continuing care retirement communities, but they do have communities that usually are exclusively focused on serving an affordable housing population. COMMISSIONER CLARK: I understand. Thank you. I know that it’s not something that anybody can require of you, but it’s definitely been a really big community concern lately, and definitely in the Town of Los Gatos it’s something that we’re working on. Would you be open to putting any BMR units in this build? FRANK ROCKWOOD: Unfortunately, it’s very, very challenging, because we don’t have… If we think of traditional housing you can have a range of units, and you can set aside a couple of units that are small, or set aside just a fraction of units that are affordable. The service component is so heavy, and we’ve never kind of segmented out, there are fundamentally LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 different tiers of service. Everyone that moves into the community gets the same meals, very high-quality meal service and social services and health services as everybody else. Again, it’s not something that Covia has ever done, and they, quite frankly, don’t really think it would work in a CCRC environment. COMMISSIONER CLARK: Okay, got it. Thank you. CHAIR JANOFF: Just a follow up question. The CCRC environment that you’re describing is one business model of operating a senior community, and there are others that don’t require the same kind of entry fee and also don’t provide the continuing care. FRANK ROCKWOOD: Right. CHAIR JANOFF: If the business model were a different senior community business model that wasn’t the buy-in kind of model, would any other business model… I don’t mean to be so far ranging, but is there another business model for a senior community that would allow for or would enable below market rate units to be incorporated? FRANK ROCKWOOD: The short answer is absolutely yes. It could be just a traditional housing project. It could be an affordable housing project. Obviously, there is a whole range of different models that we haven’t talked about. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR JANOFF: I’m speaking specifically of a senior community where you have rental units and you do provide meals. We have many, many of these in our wider community; they’re not a CCRC model. The question is would those accommodate a below market rate unit? FRANK ROCKWOOD: Yes, they could potentially accommodate an affordable unit, but that’s not what we’re proposing. All of Covia’s properties that are not strictly affordable housing communities are continuing care communities. CHAIR JANOFF: All right, thank you. Commissioner Thomas, do you have your hand raised? COMMISSIONER THOMAS: Yes, I do. I have a question for the Applicant about the community outreach that you did with regard to the focus group and what the community needed. When did that occur, and could you just elaborate a little bit on how many individuals you talked to and what feedback you provided? FRANK ROCKWOOD: If you want to, you could pull up slide #8; I can talk about that. We’ve had ten open house sessions to date. We mailed and eventually over time we received emails from our neighbors. We used the same mailing distribution. We actually had a political consultant working with us early on that procured a mailing LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 list that aligns with the notice mailing provision for these types of meetings. COMMISSIONER THOMAS: Mr. Rockwood, I’m sorry. I think that I didn’t ask my question clearly. I meant not necessarily with a community outreach to the immediate neighborhood. You said that you conducted some focus groups and talked to people in town about the needs? FRANK ROCKWOOD: Yes, okay. We actually hired a consulting firm that specializes in focus groups. They actually controlled the mailing list. The majority of the participants in these focus groups were from Los Gatos, but some were from communities in the area immediately adjacent to Los Gatos. We hosted several sessions actually in the Toll House conference rooms, and they were basically all day sessions where we inquired about all kinds of preferences to guide our programming for our rebuild project. COMMISSIONER THOMAS: What were the dates of those? Just broadly, like how long ago? FRANK ROCKWOOD: That was in October 2018. COMMISSIONER THOMAS: Okay, October 2018. CHAIR JANOFF: Just a follow up question on the community outreach. Since the story poles have gone up there’s been a lot of community input regarding the visible LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 height, particularly those seen from the downtown area. Can you comment on whether you’ve had any communication with the community at large regarding the impact of the story poles post-story pole installation? FRANK ROCKWOOD: We’ve had meetings with our neighbors post-story pole installation. In fact, our last open house meeting was Monday. We haven’t had meetings with the broader community. I’m not sure how we would do that. But yes, we’ve met with our neighbors post-installation of the story poles. CHAIR JANOFF: All right, thank you. Just going back to your original presentation, you mentioned that you believed that this proposed Planned Development would be a resource for seniors in Los Gatos. That’s a pretty broad statement that led me to wonder whether any portion of this community would be open to seniors who are not residents, and I don’t mean guests, but residents of Los Gatos? FRANK ROCKWOOD: Hopefully I’m tracking the question. We will in no way, shape, or form discriminate on who moves into the community based on where they’re moving from, but it is our experience that most people that move into these types of communities are moving from the area, so we do expect a significant majority of the residents to LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have a prior residence in the Town of Los Gatos. Did I answer your question? CHAIR JANOFF: Not precisely. You said that this would be a resource to seniors in Los Gatos. If I’m not putting words in your mouth, what you’re really saying is that this is a place where residents of Los Gatos can find senior housing, but you’re not saying that it’s broadly a community area that other seniors who are residents of town and not residents of the community would be able to come and enjoy the park-like setting or any amenities that you might have. FRANK ROCKWOOD: I’m going to ask Chris Ichien, he’s an executive with Covia, to elaborate on that question. CHRIS ICHIEN: My name is Chris Ichien and I was executive director there for five years before we closed down in 2019, and currently with Covia in the operations side. The questions regarding is our community a place where the public can come and gather, the answer to that would probably be no, since they’re private property. As you can probably imagine, similar to the Terraces of Los Gatos, lots of neighbors and families and friends and children go to those communities, but they’re usually LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 invited guests. Since this is a private residence of our guests, which it would be and historically has been, it wouldn’t be open to the public to come and go as they please. I hope that answers your question. CHAIR JANOFF: It does, thank you. Commissioner Thomas. COMMISSIONER THOMAS: I did have a follow up question to that. I was wondering if Covia had any data from some of their other sites about the percentage of residents that move into the community, about like how far they lived before, if they have any data about like have they moved in from the same zip code, what percent comes from farther away zip codes, etc. FRANK ROCKWOOD: I’m going to ask Mary Mullin to respond to this question. She’s an executive at Covia. MARY McMULLIN: My name is Mary McMullin; I’m Chief Advancement Officer with Covia. Our market research has showed that typically in excess of 60% of the residents are local within a five to ten mile radius, and it’s usually more on the five-mile radius side. The additional residents of the community, 30- 40%, come primarily for a relationship with someone local. In other words, parents of local residents, people who lived prior in Los Gatos who are returning in retirement, LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or people who view this as a destination because they have a tie to the area. Does that answer your question? COMMISSIONER THOMAS: Yes, thank you. CHAIR JANOFF: Thank you for that. One last question before we go to Commissioner Raspe. In the public outreach recently, since the story poles have gone up, do you hear any feedback from anyone within the immediate neighborhood? Of course they’re concerned about the height and its impact on their property. Have they also indicated the concern about height as it appears from the story poles or from your renderings from downtown? Have you addressed the height concerns of the downtown views? FRANK ROCKWOOD: Yes. I will relay that some of the comments have related not only to personal views, but also to views from other parts of town. Again, we feel like we’ve done a lot of work in balancing where that massing goes, and we understand that there are some impacts from some perspectives of the massing. But the answer is yes we have gotten such comments. CHAIR JANOFF: But in your work in addressing those comments, the consideration of reducing the overall height of your buildings has not been an alternative that you’ve chosen? LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FRANK ROCKWOOD: That is correct. We have not explored those alternatives at this time. CHAIR JANOFF: Thank you. Commissioner Raspe. COMMISSIONER RASPE: Thank you. I was hoping the Applicant could address briefly the traffic issues that we would expect from the new project, how it would vary from its predecessor, including the changes in the ingress and egress to the project, and also its impacts on fire life safety as well. FRANK ROCKWOOD: I’m going to ask Mark Falgout to take point on this. Mark, just a heads up, if you want, slides #50 and #51 may help provide backup on the traffic analysis. MARK FALGOUT: Okay, if you’d like to display those slides, that would be great, but essentially starting from an access standpoint for fire safety. FRANK ROCKWOOD: That’s actually on #24. If you go to slide #24, that’s the best slide to speak off of fire. MARK FALGOUT: Here’s the whole circulation. As I believe everybody probably knows, the Farwell Lane does currently connect from Wood Road to Broadway as a private road, and then at the rear of the existing site there’s a dead-end road with a turnaround at the end of it, so from a LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fire access standpoint we are looping the circulation so that Fire can circulate throughout the site, and we are going to allow emergency vehicle access from Broadway for fire and other emergency vehicles, but not regular day-to- day operations. In-and-outs is depicted by the blue line for where folks will come in off of Wood Road, pull into the valet, and the valet will go and park their car in the underground garage. So, the main change in circulation is simply that the site will not use Farwell Lane for vehicular access; typically it’s just going to be emergency vehicles. Now, we are open to should there be some reason that the neighbors up the hill would need to use Farwell to get out in an emergency situation, that would be available for neighbors up the hill. This looping action on the access road came out of a lot of coordination with the Fire Department, so we’re not only looping the road, we’re also widening the road to at least 20 feet, and it’s 26 feet in many cases so that they have room to set up an aerial apparatus so that they can access the roofs to serve the site. From a traffic numbers standpoint, we did take some traffic counts in 2018, and when compared to the existing site the peak daily trips will go up minimally, LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ten trips per day, which is a very small amount. But the peak hour trips will actually decrease, and the reason for that is they’re just a slightly different use from the ITE Institute of Traffic Engineer’s handbook for determining trip counts, and so the peak hour will go down because the peak times for those daily trips does adjust. So, from a traffic standpoint the peak hour trips will actually be decreased, and I don’t have the numbers directly in front of me, but we’re talking about approximately less than 30 trips per peak hour, which means that’s a trip every 30 seconds, so we’re not talking about a very steady flow of traffic coming out of these things during the peak hours. Hopefully I answered your question, but if I missed something please, let me know and I’ll try to speak to it. COMMISSIONER RASPE: Just one follow up. It sounds like the traffic patterns, or at least volumes, won’t shift dramatically, but does the fact that you’re using Wood Road exclusively mean there’s going to be more traffic on Wood as opposed to what there was on Wood previously? MARK FALGOUT: We did not study, we didn’t take volumes of vehicles that are coming out, but that was the LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 point where at peak hour utilizing Wood only would be putting a car on Wood every 30 seconds, so there’s plenty of space between cars and it wouldn’t become a backup. COMMISSIONER RASPE: Thank you very much. CHAIR JANOFF: Vice Chair Hanssen. VICE CHAIR HANSSEN: I had a follow up question. It’s not a question about traffic; this is more about the construction phase. I realize that’s a time-limited thing, it’s not an ongoing thing, and it’s not something you’d typically worry about over the long term, but since under this proposal there would be 140,000—actually more coming out than that even—how long and how many truck loads would that be during the construction phase? FRANK ROCKWOOD: I do not know the estimated number of truck offhand. Mark, I don't know if you do. MARK FALGOUT: I don’t have the estimate offhand, but I will say that the route would be from Wood Road directly to Highway 17, even if that meant that the trucks would have to drive the wrong way on 17 and turn around in order to get to their destinations, so that we would avoid and minimize our impact on any city streets. VICE CHAIR HANSSEN: That’s good to know. I thought of it because we had some construction on my own street, and they were putting in subterranean square LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 footage and this was only dozens of cubic yards, and it was probably two weeks of trucks every half hour, all day long, so it’s good to know that they would not be going through our streets. CHAIR JANOFF: All right, thank you for that. Commissioner Clark. COMMISSIONER CLARK: I have a question and then a follow up to that. I remember seeing this somewhere, I think, but I couldn’t find it. How many of the units will be two-bedrooms and how many will be one-bedroom? FRANK ROCKWELL: Let me pull out this slide deck. Slide deck #41 will show you a detailed breakout of the unit types that we’re proposing. The breakout is such. Roughly two-thirds are two-bedrooms and one-third one- bedrooms. No studios. That’s in alignment with the focus group sessions that we had. It’s also in alignment with our experience. We actually had not that many two-bedroom units in the existing facility and always had a long, long waiting list, and we’d actually have studio units that would go vacant for years. COMMISSIONER CLARK: Can you try to shed some light on why that is? Because it was my gut reaction that seniors are empty-nesters, they usually don’t have roommates, they’re retired and wouldn’t theoretically need LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a second office or anything, and so do you know why that is? FRANK ROCKWOOD: I’m going to ask Mary McMullin to take point on that question. MARY McMULLIN: As people age, the idea that they want to downsize radically is actually proving false with each successive generation, so prior years when we would develop communities they would be studios or small one- bedroom apartments. In reality, people as they retire and downsize today feel a two-bedroom apartment is a major downsizing. They still want to be able to have room for family to visit. They want to be able to have an office. They want to be able to have spare space that is not immediately lived in all the time. Or they want to be able to construct a home to allow for leisure space, workspace, workout space, you name it, so the two-bedroom apartment has really become very standard in housing as people age, because that is really how they choose to live. COMMISSIONER CLARK: Thank you. CHAIR JANOFF: And a follow up question to that, if I might. Two-bedrooms might be the standard, but 2,200 square foot, I guess that’s your penthouse. If you go back to the other slide you can see the square footage. The LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 square footage seems quite generous in terms of overall space. MARY McMULLIN: Yes, again, it is response to market demands. As people downsize out of a single-family house, our apartments offer anywhere from 40-80% of the space they experienced in a house prior to this. What they experience in the market as well as the focus groups and the market research has shown they want to be able to have their furniture, their treasures, their special pieces, with them. They want to be able to live in a way that allows for entertaining and allows for visits, and so given the size of local homes, given the focus group work, given the market research, the square footage does reflect the desire of the market. CHAIR JANOFF: And a follow up question. I think it’s reasonable to say that there are multiple steps in a downsizing process for a senior, and it often comes to the point where they want to downsize further. They may have the two-bedroom now, but they want to go down to a one- bedroom or a studio because they no longer have their spouse, or they no longer have possessions, or the ability to do the hobbies that they have. The configuration of your design looks to me as though it has minimal move-down opportunity for seniors who might be part of the community LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and want to move into a smaller space and stay within the community of friends and amenities that they’ve been accustomed to. Can you speak to that? MARY McMULLIN: We do have the opportunity for people to move to the one-bedroom or one-bedroom with den apartments on campus. Again, something that we found in our decades of experience is that people do choose to move down, but the numbers of people who do that is very small as a percentage of the total resident body. The preference is to stay in the apartment of origin, and then if they should choose to seek healthcare we do have the 17 care suites, which are smaller; those are studio-type homes. But we do have one-bedroom and one-bedroom with den homes that people could downside to on campus. CHAIR JANOFF: Thank you. Any other questions for the Applicant? Commissioner Clark and then Commissioner Barnett. COMMISSIONER CLARK: I just want to dig a little bit deeper on some of your responses about meeting market demands. In terms of it being two bedrooms to meet that and the sizing to meet that, I live in a two-bedroom, pretty big I think, apartment and it’s 900 square feet. So, I think I’m going to ask, when you talk about it, it feels like you’re speaking to a pretty wealthy and luxury focus LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sort of group, so what are you talking about when you talk about market desires and general community desires like that? MARY McMULLIN: I have to say, Commissioner, this is a fairly affluent opportunity for retirement, so given that, yes, our product size is to meet the needs of people who have owned homes in the Los Gatos area, who have had property, who have raised families in homes, and frankly, as a result of the success in general of the Los Gatos area, those home values are very strong, and that enables people to trade the equity in their house for lifelong security through a continuing care Life Plan community. So, yes, frankly, it is geared to a financially successful market. COMMISSIONER CLARK: Thank you. CHAIR JANOFF: Commissioner Barnett. COMMISSIONER BARNETT: I actually have six questions, and I’m not sure what the order should be, sequential or intermixed with other comments from the Commissioners. The one question I wanted to start with is related to the Planned Development and height of the buildings, which is a concern for the community. If I counted right, on the five-story buildings there are only LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 units, which if they were eliminated would reduce the project by as much as perhaps 11%. I thought I saw a comment about what’s economically feasible for this project, and so the question is if 11% of the units were eliminated, would the project still be economically viable? FRANK ROCKWOOD: Unfortunately, it’s not kind of black or white, what works and what doesn’t work. There are a lot of estimates that we make in the course of pursuing these projects, and some of those estimates vary as time goes on in terms of how they actually turn out, so it’s almost more of a probabilistic answer. If we eliminate one unit, two units, however many units, it goes from being viable to not being viable. No, that’s not the way we look at it does start to stress the project and makes it less likely that we’ll be able to get through the feasibility gate and get the financing and move forward. It’s a long way of saying that no, I don’t think reducing the project by a handful of units would necessarily put it in a completely different category, but it would worsen the probability to some degree. COMMISSIONER BARNETT: Chair Janoff, I don't know how you want to proceed with my additional questions. I’ll defer to you. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR JANOFF: Well, I think the discussion that we’re having now is both informative to the commission and it’s also informative to the audience who are potential speakers, and so if you believe the questions that you have would further augment that knowledge, that the speakers would have additional information to work from, then I would say ask the questions. If these are questions that would better be a wrap-up in terms of suggested alternatives, then I would say let’s hold that until we hear from the public. COMMISSIONER BARNETT: From my perspective they’ll all important and could relate to community input. CHAIR JANOFF: All right, then proceed. COMMISSIONER BARNETT: The draft CEQA findings identify 205 protected trees and eight large protected trees that are proposed for removal based on the arborist report. My question is are all those intended to be addressed by new plantings, or would there be in lieu fees, and if so, can you estimate the percentage of one versus the other? FRANK ROCKWOOD: I’m going to ask David Gates to take point on this question. DAVID GATES: Dave Gates, landscape architect on the project team. We hired an arborist to go out and study LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the trees surrounding the building, which they did and there was a minority report from the City arborist in concert. It’s an oak woodland basically, which had a lot of invasive trees and a lot of suspect trees from a fire point of view and structural point of view, so the trees being removed are in most cases structurally damaged and fire suspect trees. There are some trees that will be removed for construction, so those are also gone. Our intent, to answer your question, is to put in a lot of specimen trees, which you’re seeing in the simulations now as a simulation with existing trees, and we will come back in and mitigate some of those views and we will bring back specimen oaks. In most cases there are numbers in the tree report of what the mitigation costs would be for those trees. We will probably exceed that by 300-400% coming in with the specimen trees. We aren’t to that level yet, but I would guess we would be substantial in bringing in nice specimen oak trees, particularly the evergreen oaks, which will do a better job in screening. A quick answer is we will probably exceed by three to five times the cost of the mitigation price for the trees removed, and we’ll bring in the species in an appropriate way from a fire perspective with defensible LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 space and all the other criteria, which the species that are there now do not service well. COMMISSIONER BARNETT: Thank you for that comment. I have a major concern about the parking at the project with active seniors. I expect that the 78 non- tandem spaces in the parking structure will be mostly inadequate, and I saw that you had an alternative suggested possibly of having a valet, so that would allow 222 cars to be parked there, which would allow, I calculated, 79% of the residences to be accommodated with at least one car. I wonder if you could comment on whether the suggestion of a valet could be made as, say, part of the condition of the PD, or whether that’s something that you want to keep in a flexible state? FRANK ROCKWOOD: I’d like to refer to slides #43 and #44 in responding to this question. The existing community, and again, similar scale in terms of the number of units that were residents (inaudible) Staff, had onsite 130 parking spaces, and we actually had a valet in the prior operation. That was insufficient. We actually had an arrangement with the Toll House to rent some of their less than 20 parking spaces there. Then we had Staff. That would actually lose the Town parking at the foot of Wood Road. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We are looking to substantially increase the number of parking spaces from what we had previously, and we’re looking to eliminate all the parking that would be kind of outside of the garage. We do think that this meets the requirement, and yes, in terms of valet, again, that’s something that we did previously and that’s something we anticipate doing, and we certainly would not have an issue with that being a requirement imposed on this project. COMMISSIONER BARNETT: Okay, thank you very much. On reflection, I think I’ll continue the questioning after the public input. CHAIR JANOFF: Thank you. Do we have any other questions from Commissioners? Commissioner Clark. COMMISSIONER CLARK: I just have one last question. I was wondering, was any outreach done specifically to potential residents of Los Gatos Meadows? FRANK ROCKWOOD: The short answer is yes. That focus group that we mentioned, all of the folks that were invited to participate in that process were effectively potential residents. There’s a timing issue, so it will be some time in the best case before we would actually be able to accommodate any of those residents, but they certainly were kind of chosen based on being candidates to move into this community in this location. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER CLARK: Okay, great, and like theoretically fit the demographic. Thank you. CHAIR JANOFF: So, it’s fair to say that it was as much a focus group as it was a marketing meeting, it sounds like, is that correct? FRANK ROCKWOOD: I’m going to let Mary McMullin take point on that question. MARY McMULLIN: Hi, it’s Mary again. It is a marketing opportunity, but first and foremost it’s a survey opportunity to make sure that we’re designing a product that is applicable in the market. There were a number of questions asked that were iterative; so when people answered we could work off of those responses and take that into consideration with development. We used a list of people who would financially qualify. We could obtain a similar list for marketing. We did not retain that list of people specifically from the focus group for future marketing. FRANK ROCKWOOD: Actually, I’d like to make one more comment that I think will address this question. CHAIR JANOFF: I’m sorry, Mr. Rockford, Ms. McMullin answered my question. If there are no further questions from Commissioners, I think it’s a good time to move on to opening it for members of the public who would LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wish to speak. Director Paulson, do we have anyone who wishes to speak on this matter? JOEL PAULSON: We do. The first speaker will be Julie. JULIE: Hello, this is Julie. I am a neighbor of Wood Road and I have attended almost all of the open houses at the Meadows. I’ve lived on the hill for over 30 years and I love the Meadows as a neighbor. Very happy that the story poles have gone up so that the neighbors and myself can see a little bit more of what’s going on. I still support the Meadows project, but I do have some items that I didn’t get in by the timeline this morning for Sean, so that’s why I’m speaking now. The first item was that once the story poles went up they did clearly show a bit more bulk than what we were anticipating. The second item is that we’re very happy to hear that they are proposing or thinking about solar, though we hope that it doesn’t add much to the height. Third item is parking. More parking is good for the workers, but it will add more traffic regardless of what I think any traffic study may have done. Before they closed, the workers that parked offsite walked up the road. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Fourth item, Wood Road is getting lots of attention by people on foot and by car, especially now that the flags are up. Many are driving to the top end of Wood Road and are coming back down, turning around in people’s driveways, etc., and really adding to the traffic flow. This is really giving us a flavor of what’s going to happen once a project takes off. This also exacerbates the fact that there is only a sidewalk a few feet up the road. It might be nice to have some sort of sidewalk or street marking where bikes or people could walk safely when they rebuild and after they have successfully built. I do understand from the open house that a sidewalk may be out of the question due to tree roots and things of that nature, but I wanted to voice my interest. Fifth item, this also leads to my consistent request that the Meadows community have heard me say at almost every open house meeting is the closing off of the Broadway exit to neighbors. I do understand the theory, but in the open houses they said it’s because when people go down to Farwell Lane they don’t want to hit pedestrians on the sidewalk. Well, we don’t even have a sidewalk on Wood Road, and we have to walk in the road when we’re going up and down to our houses as it is today. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So, the three items that I have to that is that that current Broadway exit in front of the Meadows before they closed, it saved us during the 1997 fire. My house personally burnt down during that period of time, but traffic was able to come and go from that. CHAIR JANOFF: I’m sorry, I need to interrupt you, but your time has expired. Do Commissioners have any questions? Vice Chair Hanssen. VICE CHAIR HANSSEN: I just wanted to ask if you wouldn’t mind submitting your comments in writing even though you were able to speak at the meeting tonight, because it would be good to have that as we move forward in working with this project. Would you be able to do that? JULIE: I believe I did submit them to Sean, but I missed the deadline at 11:00 o’clock. VICE CHAIR HANSSEN: Oh, you missed the deadline. JULIE: I think I got them in at 1:00 o’clock. VICE CHAIR HANSSEN: Okay, thank you, because your comments are very helpful, as are all comments from the public. Thank you. CHAIR JANOFF: All right, Director Paulson, do we have anyone else wishing to speak? JOEL PAULSON: We do. The next speaker will be Mr. Konrad. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD KONRAD: I’m the current chair of the Community Health and Senior Service Commission in Los Gatos and we recently completed a survey of service providers to deliver (inaudible), and in doing so there was a lot of concern among service providers that there are people who want to stay in Los Gatos but can’t afford it, and so I urge you to consider affordability in your actions as you go forward. Also, I’m a member of the service committee that’s currently doing an extensive survey of seniors in Los Gatos in January, and that data should be available soon, and it might be of use to everyone on the commission. That’s all I have to say. Again, good luck and let’s get affordable housing for seniors. CHAIR JANOFF: Thank you, Mr. Konrad. Any questions for the speaker? I don’t see any hands raised. Thank you very much. Director Paulson, do we have any other individuals wishing to speak? JOEL PAULSON: We do. The next speaker will be Andy. ANDY GHOFRANI: Hi, this is Andy Ghofrani. I live at 121 Wood Road on the hill directly behind the proposed development. My property has the largest visual impact by the mass of the proposed construction, and this is per the LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 admission of the developer and the last architect that I have discussed. Per the EIR, as I understand it, 85 foot building heights are 35 feet more than the 50-foot original elevation, so this essentially is a 35-foot vertical reduction in my view of town and the east hills, which is replaced by buildings across my site. As proposed, the villas farthest from me and closer to Town are higher then the villas in front of me. I would like to ask the building masses to be distributed more evenly to reduce the visual impact from my site. Since we live on a hill and don’t have a front yard, my front deck acts as my yard, and this has a major effect on my view, as I mentioned. Per my conversation with Mr. Rockwood and Mr. Gates, this proposed change should not be visible from the Town’s point of view, which sits at the lower angle and won’t have an additional impact to what’s shown in the current plans. The second comment I have is about the truck traffic. I am in the construction business myself, so once I heard the 140,000 cubic yards of excavation volume and using ten-wheeler trucks, which carry about ten yards, that will be 14,000 trucks, and if you have the 14,000 trucks in six months you’ll have about 15 trucks an hour going LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 through Wood Road, so you have to deal with that, and I wanted Julie to hear that, too, as a neighbor. We are neighbors and this is something new to me. Thank you. CHAIR JANOFF: Thank you very much for your comments, and for clarifying what 140,000 square foot of dirt removal would entail in terms of truck trips. Any other comments or questions from Commissioners? I don’t see any hands raised. Director Paulson, is there anyone else wishing to speak at this time? JOEL PAULSON: I don’t see any other hands raised. Let’s give it a minute. If anyone else from the public would like to speak on this matter, please raise your hand. I don’t see any other hands raised, Chair. CHAIR JANOFF: All right, then we’ll now close the public hearing on this item and re-invite the Applicant back for three minutes. Thank you. FRANK ROCKWELL: I do want to make one point regarding our community outreach and regarding the marketing question. If you could go to slide #11. I’d like to point out that in our Letter of Justification we have a comprehensive list of all of our communications with neighbors over the last several years. We have been maintaining a project website since 2018. I encourage everybody and anyone that has any interest in LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this project to go into this website. There’s the web address, but if you just Google “Los Gatos Meadows,” this should come up. We post on this website. We have a video summary of our project proposal that really stresses the architecture. We have video on that website that talks about this self-driving vehicle system, and we update the Frequently Asked Questions on a regular basis, and that includes contact information and links, and links to the Town’s website, etc. About once a month we do get marketing inquires, so we have been keeping track of real prospects, of folks that have indicated that they do want to live in this community and want to be apprised or updated. I just wanted to get that point across. Just one minor thing, on the sidewalk on Wood Road I just want to clarify that as part of the draft conditions we are obligated to install a sidewalk on Wood Road up to the entrance of our property, so I just wanted to clarify that. That’s it. I’m going to hand it back to you. CHAIR JANOFF: All right, thank you, Mr. Rockwood. Do Commissioners have any additional questions for the Applicant at this time? Commissioner Barnett. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BARNETT: I had a few additional points to make, or questions to ask here. The letter of Mr. Rockwood to Vice Chair Hanssen on January 26th, on page 13, says, “The Applicant will either use LEED or GreenPoint rating system,” but later in that letter it indicates that there might be a choice already of GreenPoint, and I was wondering if you had agreed that the LEED process is more rigorous than the GreenPoint? FRANK ROCKWOOD: I’m going to let our architect, (inaudible) Kelly address that question. MR. KELLY: Can you repeat the question, please? COMMISSIONER BARNETT: The question is whether Covia tends to use the LEED or the GreenPoint rating system. MR. KELLY: The LEED rating system is actually outpaced by your California code, because it’s much more strict than the LEED. We could use LEED; it requires verification. But because the California code is stricter than LEED, we just usually fall back on the California code. COMMISSIONER BARNETT: Okay, that’s very helpful. Than one other question. There’s a point in the letter of Mr. Rockwood dated July 9, 2021 regarding the need for a LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ten-foot setback from drainage features during tree removal, demolition, and construction activities, and the comments stated that additional information would be provided after consultation with the project team as to whether government agency approvals would be required. I was wondering what the outcome of that was. MR. KELLY: I’m sorry, could I ask you to repeat the question? It has to do with… COMMISSIONER BARNETT: A required ten-foot setback from site drainage features during tree removal, demolition, and construction activities. MR. KELLY: I think that was kind of a wetland issue, staying away from a wetland condition, so Mark, I think that would be you. MARK FALGOUT: This applies at the back of the site. There is a drainage that runs down the hill that drains into an existing inlet and it’s then piped off the site, and we’ve pulled back any work at least ten feet away from that in order to meet that requirement. COMMISSIONER BARNETT: Okay, so the government agency of (inaudible) will not be necessary, correct? MARK FALGOUT: Correct. COMMISSIONER BARNETT: Okay, thank you. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR JANOFF: Thank you for those questions, Commissioner Barnett. Any other questions for the Applicant at this time? Commissioner Thomas. COMMISSIONER THOMAS: I just have a follow up question about the LEED versus the GreenPoint for our state standards. Are there any plans… FRANK ROCKWOOD: I’ve lost audio contact, so if you could repeat that. CHAIR JANOFF: We have lost audio as well. Commissioner Thomas, if you can hear us, we can’t hear you. JOEL PAULSON: It appears that she’s frozen. CHAIR JANOFF: All right. Let’s ask the question I think Commissioner Thomas was intending to ask, and that is… Well, actually I don’t know what she was going to ask for that matter, so let’s not put words in her mouth, and if she rejoins us then perhaps that’s a question that could be asked of Staff. If there are no other questions from Commissioners. Commissioner Clark. COMMISSIONER CLARK: Thank you. I just have a question regarding the tree removals. I know that there are a variety of reasons for removing all of those different trees, but eight of the trees that you’re planning to remove are large protected, and that’s definitely not something that I take lightly. Those trees take 100 years LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or more to grow, and you can’t plant a 100-year-old tree. The reasoning I noticed for five of the eight was for construction, so I wanted to ask what efforts you made to preserve trees? During my site visit I noticed a lot of them were incorporated into the existing facility, and did you try to do that in any way to preserve some trees? FRANK ROCKWOOD: I’d like to speak to that, and then I’ll also have Mark Falgout speak to that. I just emphasize that one of the reasons we decided to not expand the development pad was because of its impact on trees. Most of the tree removal, because we’re keeping the same development pad it turns out—I’ll let Mark speak to it—a lot of the tree removal requirements were really being driven by fire access, so we really have a bad current situation in terms of fire accessibility. Mark, I’ll let you speak to that. MARK FALGOUT: Yes, we had to widen the road, but for instance, at the back of the site we’re using the uphill edge of the road as our limit, widening it into the site so that we’re not affecting the trees that are up the hill, and we’re not going to grade up the hill for daylight. We’re going to build walls to really minimize the grading impact, because grading obviously is going to impact trees. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A major focus in the site design was how do we preserve these trees, and quite frankly, we did the same thing on the downhill side where we did have to widen the roads to meet fire access requirements, but we’re using walls in order to minimize the grading down the hill where those two cottages are now so that we can preserve the trees that are down there instead of impacting them. So, there was quite a bit of thought that went into how can we really minimize our footprint, and I think the whole idea that Frank mentioned of trying to design inside the existing footprint, as well as the way that we tried to minimize the grading outside of that footprint, speaks to that. Now, as the design progressed and our discussions with Fire continued we did have to expand in order to make sure that we got the loop along the north edge that they were going to require. COMMISSIONER CLARK: I think I would have liked to see some more effort to incorporate those trees that are on the property into the design, but I appreciate you shedding light on the efforts that you made. Thank you. CHAIR JANOFF: Thank you. Any other questions from Commissioners? Commissioner Barnett. COMMISSIONER BARNETT: Actually I have one more, and this will be it. Apparently not required by CEQA, but I LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 am concerned about the safety at the intersection of Wood Road and the off-ramp and on-ramp to Highway 17. I was wondering if you had considered whether any traffic mitigation could be offered at that site, such as a stoplight or a roundabout? FRANK ROCKWOOD: My quick response is we absolutely are going to contribute our fair share contributions to any of those types of improvements. Mark, I don't know if you have anything to add to that. MARK FALGOUT: No, I don’t think I have anything to add. COMMISSIONER BARNETT: Thank you, that’s appreciated. CHAIR JANOFF: All right, any other questions from Commissioners? I don’t see any hands raised, so at this time I will now close the public hearing on this item and ask if any Commissioners have questions of Staff, wish to comment on the application, or introduce a motion for consideration? Commissioner Raspe. COMMISSIONER RASPE: I have a quick question for Staff and I’m not sure it can answered now or if it takes a little research, and specifically for our Town Attorney. I know that Applicant’s counsel has opined that the affordable housing laws are inapplicable to this LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 particular development, but before we proceed with that understanding I’d like get maybe a second opinion from the Town, whether there is a requirement to put affordable housing in this development. I think it would be an important thing to know as we proceed. ROBERT SCHULTZ: And I completely agree with the statements made by the Applicant, that they are exempt from it. COMMISSIONER RASPE: Okay, thank you, Counsel. CHAIR JANOFF: Any other comments, questions, or concerns? Commissioner Tavana, then Vice Chair Hanssen. COMMISSIONER TAVANA: I’ll be brief here. Thank you, Chair. I do have concerns about this Planned Development specifically regarding building height and the sheer number of trees being removed. There are only eight large protected trees, but if you go to the tree inventory table there are a host of protected tress. While not all of them are large protected, they are rather large trees, and I just don’t know how that will look in terms of the viewing for like a hillside perspective. Secondly, as part of a Planned Development—I’m going back to the 2020 General Plan—it says, “The PD Overlay Zone is intended to ensure orderly planning and quality of design that will be in harmony with the existing LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or potential development of the surrounding neighborhood.” So, in looking at these plans and the story poles, I don’t see how it blends with the entire surrounding neighborhood. CHAIR JANOFF: All right, thank you for those comments. Vice Chair Hanssen. VICE CHAIR HANSSEN: I have mixed feelings on this one. Certainly there is a need for additional senior housing. We all know that there is a long waiting list at the Terraces for certain kinds of units, but on the other hand we have also seen quite a number of people come into Town and are stating to want to build senior facilities. I guess where I come out on this is I was on the Planned Development Study Committee when we were looking at the Planned Development Ordinance, and the Applicant did mention about providing a public benefit, so the main public benefit I see out of this is for the most affluent people in Los Gatos in the big houses to have something that they can move down to that’s easier to step down to than something that’s smaller. But who we’re not providing a public benefit for is the full range of people that live in Los Gatos that might be seniors that may or may not be able to afford those penthouse units, so it troubles me to think that’s a pretty narrow slice of the market. I think we all know that LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Los Gatos is wealthy, but we’re trying to provide housing for a wide range of people, and as Chair of the Housing Element Advisory Board and the General Plan Committee before that, it troubles me to see that this is such a narrow slice. When I add that onto the fact that this is being built in essentially the hillsides—and even though the Hillside Design Standards and Guidelines don’t apply to this project, it was mentioned by the CDAC back when they first saw it that we have to consider it at least in the spirit of Hillside Design Guidelines—I have to ask myself would we put the tallest building in Los Gatos in our hillsides? The answer to me says no, and so if I were to get comfortable with this proposal it would have to be less height. Then I also wanted to comment on the cut and fill. This is troubling, because it is desirable from a LEED perspective to do underground parking, but this is also in the hillside, so I wonder is this for the good of Los Gatos to dig into our hillsides and remove 140,000 cubic yards of soil just to get an underground parking garage? I’m not sure that the benefit outweighs the cost of it. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 For me to get comfortable with recommending approval of this there would have to be some changes, definitely in reducing the height. I’m not as sure if I would stand firm on the underground parking, because I do see a benefit and a cost, but it might be nice to know what alternatives there are to architecting it in that way. CHAIR JANOFF: Thank you for those comments. Commissioner Clark COMMISSIONER CLARK: Thank you. I also have a number of concerns. First would be affordable housing and the lack of willingness to try to incorporate some form of that was concerning to me, because the reality is even if you’re not required to and even if you might not profit from it, you can choose to incorporate some affordable units just so that more of the community can be welcomed and more of the needs can be met. I also wanted to point out that 120 Staff would be hired, and we’re already seeing people commuting from like Stockton in order to work here because of the housing shortage, and so I think it could be kind of hurting that in multiple ways. My next concern is definitely the height. I think it’s very interesting that there are going to be less units LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but the buildings are going to be two stories taller, and it seems to me because height is such a concern the units could be smaller, and I also think that there could be less two-bedroom units in order to try to accommodate this, especially because it is in the hillsides and would be the tallest building in town. Next is benefitting of the community at large. I agree that it doesn’t really feel like it does this, because first, who knows how many Los Gatos residents can afford to live here or would get admitted in order to live here, and then the fact that the general public isn’t really allowed to utilize this area, it felt to me like it is a very thin slice of the population that it would be benefitting, and it’s something that a lot of us will see every single day. Last is like I pointed out earlier, the tree removals. It feels like there could be more effort to preserve some of the trees and to incorporate them into the design and that sort of thing, and in general fit is a concerning number to remove. Overall it feels like more luxury housing isn’t exactly what we need, and to me that is concerning. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR JANOFF: Thank you for those comments, Commissioner Clark. Any other comments? Commissioner Thomas. COMMISSIONER THOMAS: Thank you, Chair. I have a lot of concerns too with this project. At the end of the day I know that this is just moving a recommendation essentially to the Town Council, but we’re still required to make some findings and I just don’t think this complies with the General Plan in any way, shape, or form. Maybe not in any way, shape, or form is an extreme way to say it, but as a person who just was on the General Plan Committee and now on the Housing Element, there are fewer units, it’s not the type of housing that we’re looking to develop in Los Gatos and that we know we need, and the tree removal. Those are just three of many things that I think that do not, in my mind, comply with the General Plan. I really tried to come into this with an open mind and hope that I was missing something, but the information that I’ve received tonight is not making me feel any better about it complying with the General Plan. I am curious to hear about what other Commissioners think about that, but as far as the information I have in front of me and what I’ve heard tonight, I do not feel comfortable saying that this aligns with our General Plan. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR JANOFF: Thank you for those comments, Commissioner Thomas. Any other thoughts? Commissioner Barnett. COMMISSIONER BARNETT: I think with respect to our obligation in this matter we have to distinguish the Planned Development Application and the CEQA finding, as Commissioner Raspe pointed out in his initial remarks. From the CEQA standpoint I think that the findings can be made. From the Planned Development standpoint I share the concern about the height of the building. With respect to the trees, although mitigation has been proposed I think that the concern about the traffic coming off of Wood Road is a material factor and should be considered by the Council to see if something could be done on that front, whether it needs to be in conjunction with the Town or otherwise. Those are my general concerns and comments. CHAIR JANOFF: Before calling on Vice Chair Hanssen again, I share many of the same comments as Commissioners have weighed in with tonight. I do believe that there is a need for senior housing. I think that we can agree that there’s a need for senior housing. The Meadows was sorely missed when it closed and I think we’re all welcoming something coming LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back into that facility, but as has been said, it feels very much like luxury, exclusive housing. I understand that it’s a senior model and it does provide care, but it provides that at high expense to the residents of Los Gatos. When we saw the renderings that the Applicant provided of the views from the Town where we see the buildings up above the tree line, it’s an alarming thing to see those heights provided in penthouse format. We’re losing the view of our hillside from the broader public and we’re giving it to a small number of potential senior residents, and that seems like an unfair trade to me in terms of benefit to the Town of Los Gatos, so I do have a real concern about the height. If the Applicant were to say to the Commission tonight that it would be willing to consider reduced heights so we don’t see the buildings above the trees, and however they made that happen, to pencil out with fewer units or units of smaller size, I agree that so many two- bedrooms seem unnecessary. You could probably take those floors that I’m recommending be taken away and redistribute those into some smaller units. Not all of them; you could still maintain your sense of luxury. So, that’s a concern. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The business model of a senior community is quite different. I’ve looked into this extensively for my own mother in this community at large; I’m very familiar with the different models and how they work. How below market or reduced cost housing would be provided is a great question. I don’t know it would be done, but I’m sure it could be, and that would be a further benefit to the community too. I think from my standpoint the proposal before us has gone a little bit too far in terms of height and luxury for a few people without the benefit to the rest of the Town. I would not be inclined to support it moving forward to the Town, but I would be inclined if the Applicant were interested in scheduling a continuation so that the concerns of the Planning Commission that have been heard tonight can be reconsidered in a revised plan. Vice Chair Hanssen. VICE CHAIR HANSSEN: I’m glad you made all your comments before me. But mine was more of a process question related to what Commissioner Barnett said, so I wanted to ask our Town Attorney. We’ve actually had this scenario in the past where the Commission was having issues with the project, but then the EIR is this kind of a different matter. It’s sort of its own animal, and if the proper mitigation LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 measures are proposed, if it’s not necessarily related to the provability of the project, and if it were the will of the Commission to not move forward with a recommendation, is there any point in recommending approval of the EIR; I’m asking our Town Attorney that. ROBERT SCHULTZ: When you’ve completed with your deliberations, yes, you certainly could make the recommendation to Council that the CEQA document is adequate and then from there move onto your second, which would be a recommendation now that it doesn’t meet the Planned Development requirements, and set forth those reasons why. The other question you can ask, you can open the public comment for the limited issue of whether the Applicant would even consider a continuance to try to revise his application to see if he can meet the statements made by the Planning Commission; so that’s the other issue. Instead of completing tonight you could ask the Applicant if he’s willing to consider making changes to the project and bringing it back, but if not and the Applicant doesn’t want to do that, or the Planning Commission doesn’t want a continuance, then it certainly could make a motion with regard to the CEQA document and then separate regarding (inaudible) the project. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR HANSSEN: Okay, thank you. CHAIR JANOFF: Follow up question. I would assume that any changes to the proposal would not materially affect the CEQA document, and therefore approving it would not be a problem? ROBERT SCHULTZ: You’re only doing a recommendation on the CEQA document. I would imagine that it would not, but we’d have to just see where that would go to if the application were changed. I envision maybe they would do something with the height requirement, but that might do something with more grading; I’m just giving an example. You might have to then reopen CEQA if there were some new environmental issues. I just don’t know at this point in time, we’d have to wait and see how that would develop. CHAIR JANOFF: From my standpoint it seems prudent that we wouldn’t recommend approval of the EIR in advance of a Planned Development that we could get our approval behind, because we really wouldn’t know. If you think about it in that way, if something did dramatically change, then we would have recommended something that wouldn’t be appropriate. ROBERT SCHULTZ: Yes. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR JANOFF: So, if it is the will of the Commission to reopen the public hearing to ask the Applicant if they would be willing to undertake a continuation in order to incorporate some of the changes that the Planning Commission has expressed concern about, I’d like to see a show of hands physical. Okay, it looks like that’s unanimous, so at this time, Director Paulson, if you would invite the Applicant back for that question, I would appreciate it. JOEL PAULSON: Thank you. Mr. Rockwood, you can unmute yourself and answer this specific question as to whether or not you’re amenable to a continuance. FRANK ROCKWOOD: Joel, I’d like to have Laura Worthington-Forbes take point on this question. Would that be okay? CHAIR JANOFF: That would be fine. JOEL PAULSON: That is. One second. Ms. Worthington-Forbes, you’re unmuted. LAURA WORTHINGTON-FORBES: I think at this point it would be very helpful if you could clarify what your recommendations are, and then our preference would be to provide us the ability to move forward. If you can make those recommendations we would take those into LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 consideration in tandem with moving towards a Council hearing. CHAIR JANOFF: Am I hearing you correctly in that you would not be willing to take a continuance to respond back to the Planning Commission? LAURA WORTHINGTON-FORBES: That’s correct. Our preference would be to understand your recommendations and then consider those recommendations in tandem with the ability to move forward to Council and address them at that time. CHAIR JANOFF: Thank you. Now we’ll close the public portion of the meeting. I have a question for Staff. So, this is a no, and if we proceed with what sounds like a recommendation to deny the Planned Development as proposed, then we would articulate why we’re saying no. It goes to the Town Council. If in between our recommendation of denial and the meeting before the Town Council the project materially changes, wouldn’t it need to come back to the Planning Commission anyway? We’ve had this conversation before about the reasons why it would or wouldn’t come back to the Planning Commission. It’s usually on the matter of an appeal, so I’m asking procedurally how would that work? LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ROBERT SCHULTZ: You’re absolutely right. Our appeal procedures do specifically state that if new information is provided that wasn’t available to the Planning Commission, then Council has the ability to send it back to Planning Commission; you’ve seen that happen on many occasions. This is just a recommendation, so it would be completely at the discretion of the Council. If in fact they felt like the Planning Commission needs to weigh in on the issues of a changed project, they certainly could send it back to Planning Commission, but it’s not as absolute as the ordinance as it’s relating to appeals. CHAIR JANOFF: All right, thank you for the clarification. Just want to check in with members of the Commission. Is everyone clear on where we stand at this point? Commissioner Raspe, do you have a question? COMMISSIONER RASPE: Just one quick question. I understand how we are standing with respect to the PD. What about with respect to the EIR? CHAIR JANOFF: Good next question. If we make a recommendation to deny the PD we can also make a recommendation to deny the EIR because we don’t know yet what the final form of the PD might be, or we could also say we recommend approval of the EIR if the Planned Development that Town Council might approve will not LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 materially impact the EIR. I’m not sure which is the best way to proceed. JOEL PAULSON: I don't know if there’s a best way. I’ll jump in, and then if the Town Attorney has anything additional. There are multiple options. You just laid out two of them. Also, you can have the conversation amongst yourselves. You’ve had this come up before where an Applicant has stated they’re not interested in a continuance. Obviously, it’s ultimately up to the Planning Commission, so you really have a lot of different options to move forward. CHAIR JANOFF: Discussion for the Commission, how people would like to proceed. Commissioner Clark, then Commissioner Raspe. COMMISSIONER CLARK: I just wanted to clarify, when we asked about their willingness to return I felt like they used the word “preference” a lot but never really said whether they would actually be willing. I wanted to point that out, because I think that there is a chance that maybe they would prefer that over outright denial. CHAIR JANOFF: I think I asked the question, for clarification, but does the Commission agree that it was LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 unclear? Should we reopen to make that very specific question? Vice Chair Hanssen. VICE CHAIR HANSSEN: I didn’t think it was unclear. I think they want to take their chances with the Town Council, and that they wanted to have further direction from us, and it might have been that they wanted to make changes to the proposal between that and now and that was why you asked your question. Since this isn’t truly an appeal it wouldn’t apply and the Council could do whatever they wanted. But I don’t think that they have an interest in coming back to the Planning Commission; that was my interpretation. CHAIR JANOFF: Commissioner Raspe, did you have a question or comment? COMMISSIONER RASPE: Two comments. First of all, I agree with Vice Chair Hanssen’s interpretation of what just transpired. Additionally, with respect to the EIR my thinking would be that we would do a recommendation to not approve it until we have a more definitive PD in hand. I wouldn’t want to create a living document, for instance, that exists out there separate from the PD. Just my thought. CHAIR JANOFF: Commissioner Thomas. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER THOMAS: I agree. I think within our recommendation to Town Council we can say we don’t see any material issues with the Environmental Impact Report, right? Can we discuss that for a moment, because I’m a little bit unclear where other Commissioners stand on that specifically? CHAIR JANOFF: Vice Chair Hanssen. VICE CHAIR HANSSEN: I meant to comment on that. I agree 100% with Commissioner Raspe. While if the project were not to change at all from where it stands today, certainly I have no issues with the Environmental Impact Report, which was done based on the project as it stands today as well as the alternatives that are always proposed, including no project or a lesser project and so on, but it makes no sense at all to me with the number of changes that I’m hearing from the fellow Commissioners that would be desired to make this acceptable for approval. It wouldn’t make any sense to say that the EIR was certifiable because we would expect the project to change pretty substantially, and even though the changes we would be asking would probably be less impact than in the environmental report, it wouldn’t be the same, so to me it doesn’t make sense to recommend approval of one and not the other. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR JANOFF: All right, thank you for that. It sounds like we have a motion at hand. Are we making a motion, Director Paulson? JOEL PAULSON: Yes, you’ll need to make a motion. CHAIR JANOFF: All right. Commissioner Barnett. COMMISSIONER BARNETT: I’m not sure I heard Mr. Paulson right, but would it be in the power of the Planning Commission to continue this matter without agreement by the Applicant? JOEL PAULSON: That’s always at the discretion of the Planning Commission. CHAIR JANOFF: The only problem I see with that is that we could continue it and they come back with the proposal unchanged and we’ve just essentially wasted a lot of time without moving it along. I heard in so many words, as Vice Chair Hanssen stated, that they’re willing to take their changes with Town Council making a determination that’s different from the direction that we will be recommending, so I personally would not be in favor of the Planning Commission making a unilateral decision to continue this, but I am open to other Commissioners. If that’s the will of the Commission we could certainly do that. I’m seeing a shaking head. I don’t see any traction LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 behind that approach, so I’m still looking for a motion. Vice Chair Hanssen. VICE CHAIR HANSSEN: I will make an attempt at it. I’m going to make a motion to recommend denial of the Planned Development Ordinance as it’s defined in our Staff Report for the reasons that were given, not the least of which would be the height, the trees, the lack of diversity in the housing types, too much concentration in luxury, and there were some other issues mentioned by the Commissioners. So, while project certainly has some merit, it would need to be revised to be something that we would recommend approval on. In addition to that, because we don’t find that the Planned Development Ordinance as proposed can be recommended for approval, we also recommend not certifying the Final EIR because it is not based on the project that we would like to see that we think is approvable. Is there anything else I need to include, Staff? JOEL PAULSON: No, I think you’ve incorporated the findings for denial. If you or any other Commissioners or the seconder want to provide any additional comments related to why you’re finding the PD doesn’t meet those findings, that would also be helpful for the Council as they consider it. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR JANOFF: And the Council does receive copies of our meetings, so the details of our discussion will be available to them, but I think just a quick articulation as Vice Chair Hanssen has given is good just in case we don’t get a thorough read. Is there anything else that Commissioners would like to add to that, or do we have a second to the motion? Commissioner Thomas. COMMISSIONER THOMAS: I would ask the Maker of the Motion that we could add in the reduced number of units also, but the increase in really like the height of the buildings too, so just as a note that it seems problematic and doesn’t align with the General Plan. CHAIR JANOFF: I think what I heard you say was backward from what you intended. We have a concern with the height, and if that means reducing the number of units, then reduce the number of units or just the size? COMMISSIONER THOMAS: Yes, they are reducing the number of units from what was previously there, but they’re making it taller. CHAIR JANOFF: Oh, I see. Right. COMMISSIONER THOMAS: Just the ratio of number of units to the overall height and size of the buildings, and the property does not seem to be in compliance with what our town needs right now. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR JANOFF: All right. VICE CHAIR HANSSEN: And I would even add on what Commissioner Thomas said earlier, that the things that I was citing are things that are founded in the General Plan as well as, even though it isn’t strictly applicable, the spirit of it is in the Hillside Design Standards and Guidelines. COMMISSIONER THOMAS: Yes. And then I second the motion. CHAIR JANOFF: All right, thank you for that. Do we have any discussion of the motion or comments? Commissioner Barnett. COMMISSIONER BARNETT: I would recommend underlining to the Council where there has been a point of agreement or two by the Applicant concerning first the valet parking and… Let’s see, there was another point of agreement. CHAIR JANOFF: I think sidewalks on Broadway. COMMISSIONER BARNETT: Sidewalks on Broadway was another one. There’s still another one. COMMISSIONER RASPE: The traffic abatement on Wood. COMMISSIONER BARNETT: Yes, the contribution to the traffic control on Wood Road and Highway 17. LOS GATOS PLANNING COMMISSION 1/12/2022 Item #3, 110 Wood Road 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR JANOFF: Is the Maker of the Motion comfortable with adding those? VICE CHAIR HANSSEN: Yes. CHAIR JANOFF: And the seconder? COMMISSIONER THOMAS: Yes. CHAIR JANOFF: All right. Any other changes or comments on the motion on the table? Seeing no hands raised, then I’ll call the question. By roll call, please vote yes, no, or abstain. Vice Chair Hanssen. VICE CHAIR HANSSEN: Yes. CHAIR JANOFF: Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR JANOFF: Commissioner Barnett. COMMISSIONER BARNETT: Yes. CHAIR JANOFF: Commissioner Thomas. COMMISSIONER THOMAS: Yes. CHAIR JANOFF: Commissioner Clark. COMMISSIONER CLARK: Yes. CHAIR JANOFF: Commissioner Raspe. COMMISSIONER RASPE: Yes. CHAIR JANOFF: And I vote yes as well, so the motion carries unanimously.