18 Desk Item - 14300 Winchester BlvdMEETING DATE: 1/20/04
°wh 0 ITEM NO. 18
DESK ITEM
COUNCIL AGENDA REPORT
!ps A °t S
DATE:. January 20, 2004
TO: MAYOR AND TOWN C UNCIL
FROM: TOWN MANAGER
SUBJECT: CONSIDER A REQUEST TO MODIFY AN APPROVED PLANNED
DEVELOPMENT RELATING TO THE ALLOWED SQUARE FOOTAGE OF
OFFICE SPACE AND NUMBER OF APARTMENT UNITS ON PROPERTY
ZONED CM:PD. APN 424-32-068. PROPERTY LOCATION: 14300
WINCHESTERBLVD. FILE #PD-03-1. PROPERTY OWNER\APPLICANT:
SOBRATO DEVELOPMENT COMPANIES.
DISCUSSION:
Attachments 25 through 33 are letters that were received following printing and distribution of the
staff report and addendum. Attachment 34 is additional data for the open space areas within the
residential portion of the project.
The plans do not include the size and unit mix for the apartments. The table below includes a break
down of units types and approximate square footage figures.
studio
1 BR apt.
1 BR TH
2 BR apt.
2 BR TH
3BR apt.
total
market
rate units
12
100
24
-78
23
5
242
BMP units
3
20
5
15
4
l
48
TOTAL
15
120
29
93
27
6
290
% of units
5%
41%
10%
32%
9%
2%
100%
size (sq ft)
500
850
706
1,130
1350
1350
PREPARED BY: BUD N. AT
DIRECTOR OF COMMUNITY DEVELOPMENT
N'DEV~SGZAN;VE`.Council\Rcports\Fwd. to TC\14300Win-PDA-dsk.wpd
Reviewed by: Assistant Town Manager Town Attorney Clerk Finance
-1 Community Development Revised: 1/20/04 4:39 pm
Reformatted: 5/30/02
f0
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 14300 WINCHESTER BOULEVARD
January 20, 2004
Conditions of Approval
The applicant has requested language changes to several conditions in the Planned Development
(PD) Ordinance (Attachment 2 to the staff report). The requested changes and staff responses
follow.
Condition #4: Delete the last sentence and require the BMP units to comply with the
regulations in effect at the time of approval of the PD.
Staff recommends that the last sentence remain as it requires the BMP units to be low
income (80% of median income as currently required by the BMP regulations). The
traditional approach used by the Town has been to require compliance with the BMP
regulations in place at the time of buildingpermit issuance. The Council should discuss this
issue because of the significant impact a change to the BMP regulations could have on this
project and determine if the change requested by the applicant is appropriate.
2. Condition #12: Allow wheel stops in the parking garage.
Staff recommends against this change as it is contrary to Town Code. Wheel stops are not
allowed because they create a tripping hazard and trap debris. The applicant may propose
an alternative to wheel stops for consideration or the Council could allow wheel stops under
the PD or allow limited use of wheel stops to be determined as part of the architecture and
site approval
3. Condition #13: The drinking fountain is part of the community benefit package. It "'III be
provided as part of the riparian corridor improvements if approved by the Santa Clara Valley
Water District (SCVWD) and the Water District agrees to maintain it once installed.
The condition does not require the drinking fountain absolutely; it specifies that it is to be
installed if approved by SCVWD. Staff suggests that a water fountain be located along the
trail, but on the Sobrato property so that it can be maintained by the applicant. The location
of the fountain will need to be accessible to trail users.
4. Condition #36(b): The wording should be modified to clarify that the applicant is not
required to improve the crossing at Knowles Drive.
Staff suggests that the language be modified to read as follows:
b. Pedestrian and bicycle facilities shall be provided at the Winchester Blvd. driveway
and along A Street to Knowles Drive. Safe railroad crossing shall also be provided
at the Winchester driveway access. Sidewalks to accommodate both pedestrian and
bicycles recommended to be located.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: 14300 WINCHESTER BOULEVARD
January 20, 2004
5. Condition 53: The applicant proposes to either pay this fee with the $50,000 contribution for
traffic and circulation improvements offered as part of the Community Benefit package.
Staff recommends that the sidewalk in-lieu fee be required independent of the Community
Benefit offerings from the applicant. The sidewalk in-lieu fee is charged to all developers
for future frontage improvements. For purposes of this condition, the determination has
been made that the property line along Winchester Boulevard is a frontage and.a sidewalk
is a reasonable and necessary improvement. The sidewalk installation will be deferred until
the light rail extension is constructed.
6. Condition 458: The language should be rewritten to state that the applicant will provide Eco
Passes to those full time employees who request them for their personal use.
Staff recommends that the condition be modified as follows:
58. ECO PASS. Eco Pass stickers shall be provided for all full time employees within
the development upon request. Proof of Eco Pass purchases shall be provided to the
Town annually.
7. Condition #73: The last sentence should be deleted as the cable television installation is not
required.
Staff concurs and recommends that the last sentence of the condition be deleted.
8. Condition #109: A security guard should not be required. The applicant will work directly
with the Police Department and security consultant and will provide added security measures
if the need arises.
Staff recommends that the condition be reworded as follows:
109. SECURITY. A thorough security plan component shall be.established between the
applicant and the Police Department. During the architecture and site review
process the applicant shall work with the Police Department and security consultant
to develop an overall security plan to ensure appropriate security elements are
incorporated into the project, and which may include but is not limited to, security
cameras, lighting, landscaping, access control and on-site security personnel.
Traffic Impact Mitigation Fees
Attachment 26 is a letter from Jack Bonno stating that the residents of Charter Oaks are concerned
that Transportation Mitigation Funds accruing from the Sobrato project will be used somewhere
where the needs "...are totally unrelated to Sobrato impacts." The Transportation Mitigation Fund
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: 14300 WINCHESTER BOULEVARD
January 20, 2004
was created to attend to Town-wide traffic issues created by development projects occurring
anywhere in the Town. It was found that projects do create a potential need to mitigate impacts
throughout the Town. The traffic impact fees from the Sobrato project, therefore, could be used
anywhere in the Town to provide traffic mitigation in line with the purposes of the fund. Town
Council and staff are aware that impact of a project may be more strenuous nearer the project site.
As needs are considered in the Capital Improvement Program, this point will be looked at as one of
the many parameters used by staff to recommend a project and by Council to authorize its funding.
Attachments:
1-24. Previously sent under separate cover
25. Letter from Jonathan L. Carter (one page), received"January 15, 2004
26. Letter from Jack Bonno (one page), received January 16, 2004
27. Letter from Steve Lopes (one page), received January 20, 2004
28. Letter from Alison Brunner & Andrew Coven (one page), received January 20, 2004
29. Letter from Steve Mirassou (one page); received January 20, 2004
30. Letter from Mark Brodsky (one page),'received January 20, 2004
31. Letter from Kyle Lanza, Woody Needom, and Sue & Howard Anawalt (one page), received
January 19, 2004
32. Letter from Don Gralnek (one page), received January 20, 2004
33. Comments from Lowell Gratton (one page), received January 20, 2004
34. Data on open space areas within the project (one page), received January 20, 2004
BNL:SD
N DEV SUZANNE\Counci1' RcporwFwd. to TC\14?OOWin-PDA-dsk.wpd
Message „
rage i of i
Bud Lortz - Sobrato Development
From: "Jonathan Carter" <jcarter@pillardata.com>
To: <blortz @town. los-gatos.ca. us>
Date: 1/15/2004 12:56 PM
Subject: Sobrato Development
Mayor Steve Glickman
Los Gatos Town Hall
110 E. Main St.
Los Gatos, CA 95030
Jan. 15, 2004
Dear Mayor Glickman and City Council Members,
As a lifetime Los Gatos resident and an electrical engineer, I'm very aware that this combination
invariably means commuting a significant distance to work via automobile.
I support the proposed Sobrato Development project on Winchster Boulevard at Highway 85 because it
will enable two groups of people to reduce or avoid these long automobile commutes. The two groups
comprise people who already work in Los Gatos, but cannot afford to live here and people like me who
already live in Los Gatos, but would commute by mass transit were it available. Los Gatos has long
accepted that it has a responsibility to the region to accommodate both groups.
The original project, which you have already approved, provided more jobs and fewer homes than the
current plan. But in the end it is the market that determines the appropriate mix. It's pretty clear that
with 60 million square feet vacant in Silicon Valley, the commercial buildings would be better scaled
back. On the other hand, the demand for apartments in Los Gatos, especially at the lower rental range, is
likely to remain strong.
Please approve the amended Sobrato application so this important project can proceed.
Sincerely,
Jonathan L. Carter
Jonathan L. Carter
216 Bacigalupi Drive
Los Gatos, Ca 95032
file://C:\Documents%20and%20Settings\User\Local%20Settings\TEMP\GW }00002.HTD Attachment 25
Suzanne Davis - Later to Council re Sobrato Project
From: "Jack Bonno <jb@bonno.com>
To: "Suzanne Davis" <sdavis@losgatosca.gov>
Date: 1/16/04 6:13PM
Subject: Letter to Council re Sobrato Project
Dear Members of the Town Council:
This letter is coming to you on behalf of Charter Oaks, a 10 acre townhouse
development consisting of 101 units and over 200 residents located at Lark
Avenue and Charter Oaks Drive. We watch the growing traffic on Lark Avenue
with increased concern. As you know, there is only one way in and out of
Charter Oaks.
With the addition of the Sobrato development, the JCC development and
continuing traffic growth over time there are three specific traffic
situations of which you need to be aware:
1. Increased difficulty and decreased safety in making left turns out of
Charter Oaks onto Lark.
2. Increased difficulty in making left turns from Lark onto Charter Oaks.
3. Increased difficulty in making right turns from Charter Oaks onto Lark
because cars speed up make the light at Winchester,
The above turns are becoming increasingly problematic and.dangerous because
cross traffic is speeding up in both directions at this intersection in
order to make the lights at the next intersection: While traffic condition's
are generally tolerable at present, it is not rocket science to realize that
the addition of 2,000 trips related to Sobrato is not going to make it any
better. It will get worse.
Since the developer is required to mitigate the traffic impacts of his
development, we are asking for an assurance from Council that when the time
comes for a light at Lark and Charter Oaks and or other traffic management
improvements, Los Gatos will have funds available and will not procrastinate
or delay or hide behind a lack of funds.
We specifically ask that you take the necessary steps to reserve a specific
percentage of the mitigation fee for the purposes of alleviating the impacts
of increased traffic on Lark Avenue in front of Charter Oaks Drive, much of
which traffic will be attributable to the Sobrato development.
It seems clear that you going to approve this development, notwithstanding
its considerable impacts on the community. Why you would do that in light of
the planning commission request for further review is not at all clear to
this community. Nevertheless, the very least you can do is guarantee to
those who will be most impacted by Sobrato that their traffic management
needs will be attended to when and as necessary from the funds contributed
by the developer to the Town for this very purpose.
Thank you for your attention to this matter.
Jack Bonno
200 Willow Hill Court
Los Gatos, CA 95032
408-871-1882 tel
Page 1
Attachment 26
R EG - V60
JAN
TOVV~ 4 OF LOS GATOS
-6- . -
Mayor Steve Glickman
Los Gatos Town Council
Town Hall
Dear Mayor Glickman and Town Council Members,
I am writing to urge your support for Sobrato Development's proposed project on Winchester Blvd. Knowing the
Sobratos for two decades and being familiar with many other projects they've completed in the valley, l am
confident the development they're proposing for Los Gatos is a quality one. I understand at this juncture, Sobrato
is advocating a change in the ratio of commercial and residential uses. This makes sense at this time, not only_
because of the change in the commercial office market, but because the requirements for housing have increased
dramatically, causing an even greater shortfall in the middle and lower income market. I think the location on
Winchester, with its proximity to the freeway both at Lark Ave. and Camden Ave., would easily handle the
increased traffic flow for this development.
I urge your support for Sobrato's amendment to this plan.
Steve Lopes
200 Creffield Heights
Monte Sereno, Ca 95030
fiile://C:\Documents%20and%20Settings\MCosden\Local%20Settings\Temp\GW}00001 Attachment 27
e~
Alison Brunner & Andrew Coven
39 Ashler Avenue
Los Gatos, CA 95030
January 20, 2004
Mayor Steve Glickman
Town Council
Town of Los Ge,tos
110 East Main 8i eet
Los Gatos, CA 95030
SENT BY FAX: (408) 354-8431
Re: Los Gato;a Gateway Development
Dear Mayor Gli-kman and Mer- iers of the Town Council
We are exiting to encourage your support for the mvised Los Gatos Gateway project,
which will coma before you tonight.
The revi sed project is even better for Los Gatos, as it will provide more housing for our
teachers, nurses,, technical workers and others who are. vital to our community and who are
already contributing to it. There is a housing crisis for people in the Bay Area who are living on
modest incomes, and this high quality development will help meet this real need.
As homeowners in Los Gatos and natives of Santa Clara County, we are familiar with the
needs of our con ..muz ity. The fact that the development will provide 49 units of long-term
affordable housing, at no cost to our town finances, is extremely important. Los Gatos should be
thrilled to be the, beneficiary of this substantial community bencfiit.
We believe this project will fit nicely within our community, and hors that you will 'givc
it your full support.
Sincerely,
Alison Brunner & Andrew Coven
Attachment 28
Mayor Steve Glickman
Los. Gatos City Council
110 E. Main St.
Los Gatos, Ca 95030
January 12, 2004
Dear Mayor Glickman
It's been reported that some people from Monte Sereno have appeared at the
Planning Commission hearings on Los Gatos Gateway to tell the Sobratos: "We
don't like your project", and "build us a new soccer field."
Please know that many others in our town consider this attitude to be
selfish, unfair, short-sighted and borderline extortion. The more reasoned
approach is, "We like your project", and "build us a new soccer field."
Actually, Los Gatos Gateway stands on its own merits as a project that is
good for the people who will live and work there and good for both Los Gatos
and Monte Sereno. We supported the approved plan, and we support the
application for revision. We urge you to approve it.
As for the soccer fields, we agree with the newspaper that they should not
be part of the discussion. If the Sobratos want to contribute to "playing
fields," it should be done outside the development approval process.
Sincerely,
Steve Mirassou
17294 Nagpal Court
Monte 5ereno. CA 95030
408.354.1122
Attachment 29
Page t of 1
Marilyn Cosden - Please Send Srbrato back to Planning
From: Mark Brodsky <mbrodsky@montesereno.org>
To: <sglickman@losgatosca.gov>, <mwasserman@losgatosca.gov>, <sdecker@losgatosca.gov>,
<dmcnutt@losgatosca.gov>, <jpirzynski@losgatosca.gov>, <manager@town.los-gatos.ca.us>
Date: 1/20/2004 10:57 AM
Subject: Please Send Sobrato back to Planning
CC: Brian Loventhal <bloventhal@montesereno.org>, <electerin@aol.com>, <bnesbet@aol.com>,
<David@davidbaxtermontesereno.com>, <cwright@montesereno.org>, Kyle Goldman
<kylegi@earthlink.net>
Dear Los Gatos Councilmembers and Town Manager,
Due to conflicting council schedules, I must write to ask your council to
please send the current design for the Sobrato project back to the Planning
commission for the following reasons:
1. Traffic studies have not been completed for Winchester Boulevard. This
study was formally requested by Monte Sereno at the last public meeting on
this subject. The proposed development may have a tremendous impact on the
carrying capacity of the single southbound lane that would provide the only
access for any school children from this development. I think I can speak
for all council members that under no circumstances would the city of Monte
Sereno entertain removal of the 2 way turn lane to add a' traffic lane to
carry more cars. The sentiment of the majority'°of the council is to
proceed with our requested Phase II design, perhaps providing the
leadership for Los Gatos to follow. This design is counter productive to
these aims.
2. The Sobrato Project should no longer be considered a Transit Oriented
Development because there will be no funds to extend Light Rail from
Campbell for the next 30 years. The VTA has already begun borrowing
against 2006 Measure A tax funds and still has a short fall finding
operations for the soon to be completed Capital Avenue LRT. Bringing
light rail to this site would require another vote to raise sales taxes for
50 years and that seems unlikely. For this reason this site would no
longer qualify for a waiver to increase traffic congestion per Figueroa
Senate Bill SB1636.
3. The current Sobrato design does not look uniquely like Los Gatos. It
still resembles a common Southern California development. As one of your
councilmembers stated, "in trying to look like a European village, they
have created the look of a fortress castle!" The design shuts out the
community and denigrates the style and value of the Los Gatos
mystique. The largest development in town should augment those design
elements and pedestrian features that make Los Gatos (and Monte Sereno)
special.
For these reasons, please send the design back the Planning Commission.
Thank you,
Councilmember Mark Brodsky
City of Monte Sereno
file://C:\Documents%20and%20Settings\MCosden\Local%20Settings\Temp\GW}00002 Attachment 30
O' _ _ rage i of i
Debra Figone - Regarding Sobrato Development in Los Gatos
From: "Kyle" < kyleg 1@earthlink. net>
To: <jpirzynski@losgatosca.gov>, <dmcnutt@losgatosca.gov>, <sdecker@losgatosca.gov>,
<mwasserman@losgatosca.gov>, <sglickman@losgatosca.gov>
Date: 1/19/2004 2:59 PM
Subject: Regarding Sobrato Development in Los Gatos
CC: "Howie Anawalt" <h@anawalt.com>, "Sue Anawalt" <sue@anawalt.com>, "Woody Nedom"
<danin@earthlink. net>, "Kyle Goldman" < kyleg 1@earth link. net>
Dear Mayor Glickman and Members of the Los Gatos Town Council,
With the Sobrato development before the council this week, we feel it is
imperative that members of the Los Gatos town council who have accepted
large campaign contributions from the Sobrato Corporation recuse themselves
from voting on the Sobrato Winchester Avenue development. A council member
who accepts a campaign donation, in an amount that exceeds what is normally
donated by an individual resident, from the corporation slated to build the
largest development in Los Gatos, forfeits their ability to cast an
unbiased vote on the matter at hand.
We ask each council member, prior to the council meeting this Tuesday night,
to publicly state how much campaign money they have received from the
Sobrato Corporation and it's affiliates, and additionally what percentage of
their campaign monies this represented. Thank you.
Sincerely,
Kyle Lanza
Woody Nedom
Sue Anawalt
Howard Anawalt
file://C:\Documents%20and%20Settings\dfigone\Local%20Settings\Temp\GW}00001. Attachment 31
DonaldA Gralnek
371 Pennsylvania Avenue
Los Gatos, CA 95030
.Phone: (408) 3s4-6254
Fax: (408) 354-9344
January 20, 2004
VIA ORIGINAL MAIL
Mayor Steve Glickman
Los Gatos Town Council
110 E. Main St.
Los Gatos, CA 95030
Dear Mayor Glickman and Town Count:',
The amei dment to the PD zoning for Los t...)s Gateway that is coming before you
continues the same good, long-term planning iat prompted the town to approve the
original plan in 2002, The project benefits include housing, jobs, public transportation
and an improved appearance for Winchester Boulevard. Altering the mix of approved
uses does not diminish these benefits and should assure that the project gets built in a
timely fashion.
The large commercial component of the approved plan derives from a different time, the
boom period of the late 1990s when Silicon Valley seemed capable of forever generating
masses of new jobs. While we are again experiencing economic growth, the new jobs no
longer seem to be forthcoming in the numbers once contemplated. The scaled back
commercial use is more apropriate for today's market as well as for the market as long as
we can safely forecast.
The demand for housing, meanwhile, has performed quite the opposite. Particularly at the
lower end, the housing market is strong throughout the valley and particularly in Los
Gatos.
The revised plan for Los Gatos Gateway maintains virtually all of the benefits of the
original plan, while adding to the amount of new rental housing that is so desperately
needed.
1 urge your approval of the Sobrato Development application for a revised PD zoning of
Los Gatos Gateway.
Sincerely,
Don
Attachment 32
Sobrato Property
1. Los Gatos agrees to Purchase the property.
All cash one year to close. A 6 month extension by paying 5%
interest. Total 18 months to close.
2. Purchase price to be 80% of Fair Market Value today valued with
existing plans. Sale to be under threat of condemnation.
Sobrato to agree to make a charitable contribution to City to
provide a below market price which they should be happy to
provide.
3.Skateboarders asked to provide 1.5 to 2 million in pledges of
donations to City for a soccer field. If no pledges then a park
will be considered for about 1/3 of property.
4.The city to provide a plan for the property. The new plan now
proposed by Sobrato if approved should be worth 120 to*130
percent of present value.
5. Consider Townhouses of 10 to 14 units per
20 to 30 units per acres. These uses sho
3 million an acre.
6. The plan to be a gated community buffered
.field and a sound wall. With the approved
property could be sold providing funds to
property with no expense to city.
acre and/or condos of
aid provide a value of
by a park or soccer
plan most of the
purchase and sell the
7. This can be a win win project for everyone. My guess is that
Sobrato, because of the existing market, is really not too
interested in building apartments or office buildings on the
site and would welcome and opportunity to dispose of the
property with a profit. Secondly, it is extremely doubtful that
a light-rail station will ever be built at the site.
E M
Lowell Grattan
204 Casitas Blvd.
Los Gatos, CA 95032
(408) 37 9-235 0
JAN 2 0 2004
TOWN OF 1 -CS GATOS
r.n A."S •A?+T. :~.'_1/!=r ape Lr'A.lT
Attachment 33
LOS GATOS GATEWAY
20 January 2004
Village Green
Total Area-
Total Lawn-
Other Landscape-
18,500 s.f./.41 Acres
12,000 s.f.
4,000 s.f.
Gazebo Green
Total Area-
Total Lawn-
Other Landscape-
Pool Area
Total Area-
Pool-
Spa-
Landscape Area-
Tot Lot
Total Area-
Total Lawn-
Townhouse Green
Total Area
Total Lawn-
Triangle
Total Area-
Total Lawn-
Other Landscape-
9,200 s.f./ .21 Acres
4,200 s.f.
2,000 s.f.
10,960 s.f./ .25 Acres
2,100 s.f.
120 s.f.
1,700 s.f.
5,300 s.f/ .12 Acres
2,500 s.f.
9,000 s.f./ .21 Acres
4,700 s.f.
6,600 s.f./ .15 Acres
2,800 s.f.
2,300 s.f.
String of Courtyards-
Office Building Courtyard
Total Area- 9;100 s.f./ .21 Acres
Total Lawn- 3,200 s.f.
Other Landscape- 2,600 s.f.
Residential Entry Courtyard (On Podium)
Total Area- 2,500 s.f./ .06 Acres
Landscape Area- 1,400 s.f.
Attachment 34