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2011081505- Desk Item - Planned Development and Mitigated Negative Declaration - Albright (Netflix)
MEETING DATE: 08/1/11 ITEM NO: 5 DESK ITEM COUNCIL AGENDA REPORT DATE: August 1, 2011 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER Or SUBJECT: PLANNED DEVELOPMENT PD-10-005; AND MITIGATED NEGATIVE DECLARATION ND-11-004. PROJECT LOCATION: 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD. PROPERTY OWNER: LG BUSINESS PARK, LLC. APPLICANT: JOHN R. SHENK. A. CONSIDER A REQUEST FOR APPROVAL TO MODIFY THE EXISTING PLANNED DEVELOPMENT TO ALLOW THE POTENTIAL FOR A MIX OF LAND USES. THE PROJECT MAY CONSIST OF OFFICE ALONE OR A MIX OF OFFICE AND MULTI -FAMILY AND/OR SENIOR RESIDENTIAL USES, SUBJECT TO DEFINED TRIGGERS. THE PROJECT COULD INCLUDE UP TO A MAXIMUM OF 550,000 SQUARE FEET OF OFFICE SPACE OR A COMBINATION OF LESS OFFICE SPACE WITH RESIDENTIAL USES. RESIDENTIAL USES COULD INCLUDE MULTI -FAMILY AND/OR SENIOR UNITS UP TO A MAXIMUM OF 168 UNITS ON PROPERTY ZONED CM:PD. APNS 424- 31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, AND 063. B. CONSIDER A REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT. C. CONSIDER ADOPTION OF THE RESOLUTION CERTIFYING THE ENVIRONMENTAL DOCUMENT AND MITIGATION MONITORING AND REPORTING PROGRAM. STAFF REMARKS: Attachment 39 contains additional communications from the public, including a petition, that were received after the Addendum on this matter was finalized. PREPARED BY: U Wendie R. Rooney, Director of Community Development Reviewed by: PS) Assistant Town Manager Town Attorney Clerk Administrator Finance ommunity Development N:\DEV\TC REPORTS\2011 Vdbright8-I DESK final.doc Reformatted: 5/30/02 THIS PAGE INTENTIONALLY LEFT BLANK PAGE 2 MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004 SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard August 1, 2011 A. Revised Findings Staff has included a revised version of the required findings (Attachment 40) which should be used if the Council approves the proposal. B. Staff and Council Initiated Changes Staff has prepared a list of recommended changes to the proposed DA (Attachment 14) and the three PD Ordinances that were previously submitted (Attachment 29, 30, and 31). These changes are included as Attachment 41. Staff has also prepared a list of recommended changes to the proposed DA (Attachment 14) and the three PD Ordinances that were previously submitted (Attachment 29, 30, and 31); these changes have been suggested by individual Council members. These changes are included as Attachment 42. All additions and deletions are in underline and cross -out format, respectively. C. Architecture and Site Given the detailed submittals on which this project is based, staff offers the following for consideration as direction for the subsequent Architecture and Site review: • Architecture and Site applications shall be in substantial conformance with the Official Development Plan including architectural drawings and renderings submitted to Council as part of the PD and DA review and approval; • The first phase shall consist of one four-story building and one five -story building; • Siting of the first phase buildings is to be as indicated in submittals, maximizing open space, setbacks and retention of existing perimeter and internal trees; • High quality architecture and materials will be used for all office buildings, equivalent to submitted drawings and the existing Netflix campus; • Later phase office buildings will be equivalent four and five story buildings to create a campus environment; • All A&S applications for the project shall be reviewed by the Planning Commission, which will formulate a recommendation to the Town Council for final action. All subsequent phases shall also follow this approval process; • The Phase 1 A&S application is to be heard by the Planning Commission on August 24 and acted upon by Council on September 6, assuming the applicant submits all remaining required A&S materials by August 2"a THIS PAGE INTENTIONALLY LEFT BLANK PAGE 3 MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004 SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard August 1, 2011 D. Netflix Community Benefit Attached is an e-mail from Netflix Chief Financial Officer David Wells offering an additional phased community benefit to the Town of $900,000 directly from Netflix (Attachment 43). This direct contribution will require an additional action by the Town Council accepting the contribution and directing staff to negotiate and execute an agreement for the contribution. E. Construction Related Sales Tax According to the California State Board of Equalization, "construction contractors may elect to allocate the local sales and use tax derived from construction contracts of $5,000,000 or more directly to the local jurisdiction where the jobsite is located" (Publication 9 — LDA — December 2002 — Tax Tips for Construction and Building Contractors). Given the anticipated scale of the proposed development and construction contracts, it may be possible for this statutory authority to be exercised on portions of this development. Consequently, a new Development Agreement term is provided which would require the developer to use their best efforts to maximize the local allocation of construction related sales and use taxes to Los Gatos. ATTACHMENTS: 1-38. Received under separate cover 39. Additional communications from the public (32 pages) 40. Revised Required Findings (1 page) 41. Staff initiated changes to the DA and previously submitted PD Ordinances (5 pages) 42. Council initiated changes to the DA and previously submitted PD Ordinances (6 pages) 43. E-mail from Netflix (1 page) WRR:JP:ah N:\DEV\TC REPORTS \201 11P.lbright8-1DESK.doc THIS PAGE INTENTIONALLY LEFT BLANK Joel Paulson From: Joanne Bosomworth <jbworth@aol.com> Sent: Monday, August 01, 2011 11:17 AM To: Joel Paulson Subject: Albright Way Request for Rezoning I am a long time resident of Charter Oaks, the complex immediately adjacent to the Albright Way parcel. I am truly appreciative of the efforts of Cynthia James and John Schenk to discuss their project and to keep Charter Oaks residents 'in the loop'. Although we're all concerned about increased traffic conjestion, I plus several other owners do not object to the proposed rezoning of the Albright parcel. The area has been a commercial/light industrial complex for the past 35 years, and I have no objection to the parcel continuing to evolve into a commercial/business park. The developers and Charter Oaks residents have discussed ideas of landscape transitions between Charter Oaks and Albright Way which should enhance both properties. I look forward to working more closely with John Shenk and Cynthia James for future planning. Joanne Bosomworth 303 Willow Hill Court Los Gatos, CA 95032 E. Joanne Bosornwortlz, Broker The JB Group (408) 828-1818 DRE #00548536 t ATTACHKENT 39 From: Douglas Campbell [mailto:dcmpbll42@comcast.net] Sent: Sunday, July 31, 2011 7:19 PM To: Council Subject: Development on Albright Way Dear Town Council of Los Gatos, I am writing regarding the proposed project for an 85 foot office building and high density housing on Albright Way, to be voted upon tomorrow night, Monday. I am concerned about the negative effects this project will create just 6 blocks from my home. This project will drastically increase congestion and buildings being proposed are over double the 37 foot height envisioned and planned in the current zoning code. We the people of Los Gatos do not want this area to be rezoned. We do not want a building 85 feet in height. Please help preserve the character and beauty of our hometown of Los Gatos. Sincerely, Douglas J Campbell 14989 Natalye Way Los Gatos, CA 95030 July 26, 2011 The Honorable Joe Pirzynski, Los Gatos Town Council Members Town of Los Gatos, 110 East Main Street Los Gatos, CA 95030 RE: Support for Albright Way Rezoning Dear Mayor Pirzynski and Members of the Town Council: I am writing to express my support for the Albright Way Rezoning. Approving this zoning with the requested five -story height will retain Netflix as a major employer in Los Gatos. The opportunity before you provides our Town with high quality, Class A office space. The benefits to our community are significant. Our schools will greatly benefit from the substantial increase in property tax revenue that will be generated from the redevelopment of the Albright Way property. I encourage the Council to vote to approve the rezoning with office, and the requested height. Sinc ly, Patricia H ord ddliCY 15250 Via Pinto Monte Sereno, CA 95030 Joel Paulson From: Ginger Rowe <ginger@timeoutclothing.com> Sent: Saturday, July 30, 2011 11:11 PM To: Joel Paulson Subject: Albright development Dear Mayor Pirzynski and Members of the Town Council: I wanted to again express my support for the Albright Way application to rezone the property. As a small, downtown business owner and resident, it is important that the Town ensures that we have a strong, healthy economy. There are many segments that all need to be supported. In this instance, it is to provide an opportunity to grow our employment base by building high quality office. I support allowing the building of taller (4-5 story) buildings in this part of town as it located along a freeway and a major roadway, which is away from the historic and beautiful downtown, that would not be an appropriate location for multi -story buildings. It does not impact the character of our community instead it allows for the development of an signature building similar to the existing Netflix buildings. The Netflix buildings have proven that higher quality buildings with multi -stories can be both attractive and beneficial to the tenants. This property is already developed, so intensifying it is right on this site. The Town needs to be business savvy in regards to this development. It is very important that we retain the corporate headquarters of an iconic high tech corporation. There are so many direct and indirect benefits to Los Gatos, especially the significant increase in property tax to the school district. The schools will greatly benefit from the redevelopment of this property. I also support the rezoning to allow for senior housing. We need senior housing in Los Gatos. This would be the ideal site to build a senior community. Our population is aging, and there are very few places in town for people to move to in their later years. These are also residents who come downtown and shop in our stores and eat in our restaurants that support the tax base for this community. I support senior housing and office on this property and ask the Town Council to approve these uses on the property. Thank you, Ginger Rowe LG Business Owner and Resident Time Out Clothing 108 N. Santa Cruz Avenue Los Gatos, CA 95030 (408) 354-8653 1 Joel Paulson From: LezLi Logan <president@fisherhsc.com> Sent: Saturday, July 30, 2011 1:50 PM To: Joel Paulson Subject: Please forward to Town Council Dear Mayor Pirzynski and Town Council Members: I am unable to attend your hearing on August 1, and would like to provide you my input. I have been an avid supporter of the schools in our Town through my volunteerism for many years, and I am very familiar with the current state of education funding. The redevelopment of Albright way with a high quality office development and senior housing will have a very significant benefit to our schools in the form of property taxes. The schools will be one of the major direct beneficiaries of this redevelopment. Building a beautiful new corporate headquarters for Netflix will allow the property to be reassessed based on this new valuation. As you know, property tax revenues are the foundation of our school funding in our basic aid district. A significant increase such as this will allow the District to help ease their deficit spending over the next several years while providing quality education to our children. As for the other issues related to the development, the Albright site is the appropriate site in Los Gatos to intensify the use. We were all nervous about the height on the current Gateway Project, and it is beautiful. I support allowing the development to include 5 story buildings. Building taller is an important concept to retain as much open space as possible and be environmentally sustainable. No longer can we use every inch of land to build on. The Council would be good stewards of the Town and of the land to allow the project to be built with taller, greener buildings. I respectfully request your support for the rezoning of Albright Way. Sincerely, -LezLi Logan i July 26, 2011 The Honorable Joe Pirzynski, Los Gatos Town Council Members Town of Los Gatos, 110 East Main Street Los Gatos, CA 95030 RE: Support for Albright Way Rezoning Dear Mayor Pirzynski and Members of the Town Council: I am writing to express my support for the Albright Way Rezoning. Approving this zoning with the requested five -story height will retain Netflix as a major employer in Los Gatos. The opportunity before you provides our Town with high quality, Class A office space. The benefits to our community are significant. Our schools will greatly benefit from the substantial increase in property tax revenue that will be generated from the redevelopment of the Albright Way property. I encourage the Council to vote to approve the rezoning with office, and the requested height. Sincerely, Bill and Esther Puterbaugh 183 Longmeadow Drive Los Gatos, CA 95032 Town Manager From: Christina Haines <christina_haines@msn.com> Sent: Monday, August 01, 2011 12:11 PM To: 24maui@msn.com; Town Manager Subject: RE: Netflix Sorry but Lyle meant to say that he hopes the Netflix expansion will be voted down. The traffic increase will be a tremendous problem. Regards, Christina Haines From: 24maui@msn.com To: manager@LosGatosCA.gov CC: christiria_haines@msn.com Subject: Netflix Date: Mon, 1 Aug 2011 11:19:25 -0700 Greg, My wife and I have been living in the Charter Oaks complex for for 25 plus years, we along with our neighbors have noticed the traffic in the area has gotten absolutely hideous over the past few years. By having Netflx expand here would certainly put a burden on all of the residents in the immediate area( Winchester and Lark Avenues). So we all hope that Netflix's expansion will not be voted down III I Regards, Lyle Haines Town Manager From: — Cheryl Huddleston <chehud@comcast.net> Sent: Monday, August 01, 2011 10:36 AM To: Town Manager Subject: Winchester Project Hello, my name is Cheryl Huddleston and I am a resident at 17225 Clearview Drive. I want to let the planning department and commissioners know that I am mostly in favor of the Winchester Project. I feel that several 4-5 story business buildings would be a good thing especially nearer the freeway. The access for commuters is good from 85, Camden/Hwy 17 and Lark. I feel there also should be a lot of open space with playing fields and park like settings. I am not in favor of additional housing because of the burden to the town's infrastructure including the school system and the additional traffic to the schools. I do not feel that the developers should be given "carte blanc" to pressure you into a higher density with housing. We need to strengthen our tax base not add more expense. I often watch the planning commission and the town council on television and am generally very impressed with the members. Thank you, Cheryl Huddleston THIS PAGE INTENTIONALLY LEFT BLANK Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and send forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Name_(pBOgAt1 ROB)N vvN Phone 315 Gjt1cxi . 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Name (print) CLee{ ; -1--1 a - if) o rb i Phone •I <D E • 39 5-w 6 9 Address (o ?) d -occe s('2 S - ign ture email,, nnt) /,7re ere ` Phone Cid Be r7C, S- A`edress "' ( Signatutel2 ecr email Name (print) Phone Address Signs email ) r{ grar31c_, &COYY1Ccr5-E.-An Atleress 101 2rbc&t44 e 106x t LC, _NAmp $t-Vt (pritit.- ��� Q Phone -fa 395• 3d21 Sibes� ' email it Name(print)) ,r1 S/2 .K Phone `f ()QS -0 2- 77 Address gtgo coo So�' �_e i -S,:tope eoP Signature �� email G Los Cyc'/-oCr Name (print) �a Irl? Salcc2af- Phone 115 -9bl-S 11 Address 1ii3 N-iivel( Avz &c•i-a( Signature email C Nam (print) c1a Mt—C-- A \AAAry Phone yoa)3s 5-Lk Ge60 dress ture e email N e (print} `\e, L "! Derr Phone Li 0c-) 3�5 ,07(1� Address \ IN Nett L1 Ave : k Cr-. Signature c email Name (pq 15r::2 L�!///JJJ p'a' Signatur - J 4 email mil. ., I. _; Phone 4 F-3g5-43z Addres g�L�Z}/:��! 1�f A C V/�t,�`-n� Signature ,- email- Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and send forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Nano (print) L ocii\- i6ue. Phone (to 4- 3 9-6-,47W Address 113 Loz \ -7 rc.I9e 1-0f Sign �� �� %��—� email //�� elf t ce0 S--Mi zrd: n r+et.eJ. Or? Nam (print) / e ( Vo�1r1 (.41— Phone le So -7 yo -ZrvYG, Address (�,( — 2-13 (o- r�,,Ct;, 2v 5C,4,3 Sign?, I email Name (print)' / h } el i_!- ) 1 �/ `ada Phone (, �{(,/ 6 �o b C 2-�G 1 ! 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Name (print) _.®� Agyvo Ph ne ji ddress Sig `at re y email/ /� r - P1, -/� th i2G 5d 0 t `t/ /Y Na a (print) - U 2e 4Of-P !i 4t1i441 Phone Ydet—G 144/! Address '114 r'f0aicode'90/2 Signature - '`i/ `& ` r---< email t+lf4 kilin,c-i1 -eJatih< Na r' �(ppriin�t)/'�n,� u �j j/�/�/�jJ zW[4`�C (A4Gtal kL P �%e ) �j� �j� /' /J v a -N/ -4 !! Add/ sC� / �% 1-0 D/r , Ink, e/I(( . /50 /Sea ile 1 Na (print) Vel? ` Php a 35- � Address 7ivv" LOW\fi • ci3 Sig a ure email n . (f /� �v a vo I&lAt -Lk -a Name (print) Jahn' ��.i t�,�!! LP�hone (� -Iff .��J (J`�L-LJ` .1 AddressO 1� ht� r- /te ifi: cs 1. Signature / /` i i ae' Li1emjtl I L.r AA 'L17le--&19Itt N@mg-(panty > I NO% pc Phone qo8 13.56-7618 Address % 33 r® `--- (J v,nc,.c_._ ve Signa?ute`�(-� email r- Nathe'(print - - L IA d a. Let- Phone - - Nog )". 55&-t o w Address ) )4 CrPer,daCe- 1--, /s 6t Signaturn� email 1 L ha Cc-- A".a) j q rfi;ci 1 cJ k i5yr Name Witt) �/ Phone �- S3. 1 Address a k Signature email•ilt fr� n L�'_CI� hing t Na (print) dja 6, Phone qa& 3S8 53 3 / Address Z9 L z 112 Signature email fibAwar-rQ@-- v i..t,at e-aAl Name (print) - m Phone 6 356 geog Address 76'7 /onre, �t�, Ciles Signature email 1 Name (print( K-et6b1 ' (10, fr Phone 4-ot 655 31914- Address 2S,rt t det r-caO(IL0S Oa,-h Signet re / email k_e,(se @y g ,coif 6 -7 (2 Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and send forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Name print) '/ / ,i/ \T-0/)/0//11A- Phone -47.5J$8g77 Address A03 0 (,'R Sig/ dze_--- email inG<Y rr(0,Ox>G/-7a / er,,)2-2 Narfe (print), r i c P. A,R erson Phone Lto8-?82-g�t67 Address 100 �� =�c�_pA P.1Z, Signature. % _ I ' />/t: %1 /� C a1L- HD-- email -P-yNy,m Cu C,G" ""` h Cam. Nam�tin`t) ' ._7 12o7'k Phone 0 gal / / Address mall ��r tines �, mature ffi/ email � ide a Y-A- /adi COL-7 -C a e print) / Willi U me/� y, Jam.. Phone yos. L/aa. G 3-'/ 9 AddresO /ay o/9Xc,9Nh PL y siin lure �,r, A I (/ m I email IimC149yQ sT—/ /VDREws • °RC - Name (pri t) IM k Cr &-i is Phone Y ' f ° 2 - •11f'S Address r) y (( ent,i vo niz . Siignaatureyr, Q l f email N me ( p r t) Pr tut)`(Erc Phone go 35`18665 Address &7 Gar Ve‘Jtr, 1,6, Si nature email ve-KtEYE.E e-(/14-44I(.... CQifrk_ ame(p ) .✓a�'77�Jd" %, - 7Zo i'fi�' Phone ! 1 v , j€>'- 3el '>- -• .. Address ./i/, fro n/ce ta'>®o r✓ n�aT✓re email /e l J) {@- a.o L, e e r,._ e=sue ,,.—/✓/ Phone �_.� 5.79 OS d Ad O g i �bv f)p G C=1� i N S' S rV Ur 'aE/R/ email Cr CA gco30'_ 61 Name (print) ¶ 4 u L. meAtc.ifPk_ a Phone k� 3 tS-7claS Address •'j of C-'4P-t< i ure email Nam rint) r� ds Pho a 08-3�{ (MS Address 5-07 (1,1eArVi&J A, . Signatur email MS rO560teig cwdu p i e_dm Name ( ' Phone t nit /z-1C Address J /rx� (- » vn»- PIS Signa a 7--� 6 j2e-C C 04--K.Ge^l email Ojc6alcgo /, ( , Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and send forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. 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Name (print) Lien 6-0-V ry Phone cc 3 7 4 v+(' Address l lc(O ice n Lk Cfi Signature n - � email LI �� Alao ej onn l- ton -I Name (prird) G n n l n ,r�J Phone y0c 3-7 y I (--(Cr Address l c((o S m ksivt nc,k ( t Signature - • �; ^— email ,; F�, n 1 ae w`( ��+ rye Name (print) ` l-1 7he� 11 G Phone CI—s7icl r Address l7f Sru 444 RAI-04 C. Signature //A� (//' � U " t -( L �"� email {� Q �j /l ut is & ri(4 em . ( Ai Name (print) Coi\ri`a Cht Phone 1-1D -E71-�g- Address tz) S ,V) Ranch CFI Signature ( k D email CSeafiUr—le 69)rnat`1.cutt Address % -g sink Q m 06 am as a Name (print) Phone - -g(62 Signature F/(h GtJ c/ email ' Name (print) - `TRA: 1J a-v`t' S / Phone 4o3— 37 0 --c159-1 Address (7, O s R((.- R.4rJG {'- c 1.e � coirros . cef e co') -L- Signature r-, ' Q w(� email Name (print) �--�� (l l (% y 1.0 Phone1(q� o �f v Ugc7 - %6i( Address 7 � C o2O 1 1 q _P - 'kJ k21 Signature email Name (print) 5HwETfl 51r46/N Phone 408- 8 M -O`i12 Address 1.18 Rfrttfl'( K4NCK CT, II Signature t, ,, ^ email L Name (print) AR IND jeSYI Phone ADS - t- (>l12 Address ttg SMITv( ,ANLP( CT, LA Signature . 3 t.. email Name (print) A- G RAV S!N6,I-1 Phone 4°3 —f1—O9(2— Address l(2 cliklirrt KA-A"- C7, L Signatu email Name (print) � l�r�� Phone hog 141t�9(2 Address g s Hi ��( R>4NeK c7 LA Signat j�'' 9✓ email 95-63 fo Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and send forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Name (print) Charlene Be{vi kard� Phone on(-� 40 --GM Add ess 1 Do Snii 14 Ranch CA' Los CID; Signature em eliar�.^p ) b�eyl�%v� \nab/Yc/k ii0n�9 m a; k . e6 ���1���jII�C(,Q,Q(�/�.QQj/,.gP�%Vj,�/IGC�.C��on Name 1/4"1� t/fl x'P>T Phone 9 { / G�, z37 6 17 % fat'idd ss p"r!/!/ '[ G!/ L/ (, /ro Signature 1 einlealik ,,/ COY) kinhaltelld Na a (pri t a\ r\c�eVole Phone -q3i `lkddress ‘aNIdz k CA\� . U6 95 Siona re L 6tt email NM tr j® comcns\. n ` e print) F Phone Address Signature rZ , _. email ocsl l c ow-c s4.r\E4 Nape �(m\nt) Y! l l Qk Phone ( f / r r Ci2 (() CQ - ri t1 AldJ� S"\QanC 7CT . " Cjta- S�g atur Y Milli email ame N� ( i it �JS S.0 - �� i �k l.9_.fit. �P I� 0 1 t1 31-N � c VN6,� \-6-ciFi 3% •nature 54 (EMIT 1°CiVii toll( email NDk Araxnccs-1/2- `Nit-- Name (print) r Phone Address Signature Ta c K n r, 9i u( CZ email cND4 knO acoThcasVr Name (print) rQcw0 o ,c16 op t Phone Address Signature email N me (print) i 1 iill,tis �., ho e- (1 ) =1% CC- ttf Cmtr?cono.% S' tore Vg 1V Na v intk �.ti-�3sr�����Q�� 1, r" o _Ica_ AdIJ ( T'Ir � thlt Signatu -- email ,RJ '_ M-0 ` Na @ pr t)elete-,--> hone alb} 6 S2 Aittcdds in,;-1n` i Si re email We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the zo year Development Agreement currently being considered. Name: Pa}rw- K_ Jackson Phone #: Nos)SSo- (iB SS Address: IN-t"71k 5 La iQ rrconada Dr -tie -- ' Email addr: lARUa✓tiaclrson®tIetV,00, corn Address: 1V7-1-1.f (<z 2r?co✓dcula- Pr. Signature: c Name: 011'znt-%-tiM CJatiCSOYI Pone #: (j - tt -7-9o0 Sid, �" _ Email addr:. Name: , 2C�t . iv- Phone `t'oS',39 6p,gSDD Address: /4/'i"S Lp P/N 71PP 741. Sig nat Email addr: �— c k5n u\a h c� • Gb-1 Name: I�VV 0.T SII Ar� C o �gcb'3�I Phoone#: -17 go Adciress: , l"%iv§1 � E heonol br; 45-03"L Signutune: f ./icer Email addr: I i (46,1(;ot e e u-tuiri .wref , GO Name: TALutilp )a-5A2✓ Phone #: yog-yoa-373i Address: jos 6--1ts 1y56-3 Gtior-vle„,tr 95-63,4- ignature: g--� Email addr: l r �, ur, 6 , d ,.Sham � 06-sl7eir , anyi Name: �µ A Phone #: `'(o3 5 s3s4 SS Address: (4 3 3 D L - 2 ira wN4417/4- f-i' Signature: I i °�� Email addr: �v�� cam ycc,hco, Long :Rne: �- �J ci , o:s Phone #: flocs-3SS -315tut Address: 1`-IS,Ao Cps- fe-ic\C_on,a, O Situ • e AW0" Emai addr: 1-6i tSeouE),al7oO -cc»i Na • -: ( ) `Id-‘ ( Phone #: _ £c t ) b c 54 q Address: 1 Lo TO-1, caD, (GCS Signature: } �_ Email addr: -tr 5 h brad d f e (v-e , cerrv, Name: , Phone #: Address:__ Signature: Ii\ Email acdr: 6h9rand*PIIre. 9 / ✓%IT] Name r1 P\:�(r Phone #: 'doh 3 1.-6`iSS Address Its Newt i ci,% _C\ci,fo. cA Signature, �� �� 1 �o� »? 1%M Email`dddr: tor cifm 19 W Cons asf , n e-1 1 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the zo year Development Agreement currently being considered. Name: • i" ueE R-1Sor- Phone #: 1co -3' --1 R - Address: (7 LA 8oinCyueCI— toS is 16( Th b tore: Email addr: 3�uAe22tso ��CaMcnsr.N�i ”7?-1 �, N Jan I V Phone #: yox r�2 sz�� Addre i� I o &4 c , lasixloS �G�t 3 Sign tore ' Email addar.��" a e: i i('t>toPi 6/051I j Phone #: t{o Addresss: jZ'�CA 954: Signa re: Email addr. AGroaj �Ka i �C�.cc NFF �me: p I louli�i oc li Phone #: �f0 Address: % Signore:- i' .y�N V Email addr Na .ACQ Phon- #: i�•, S Address: l5 LU {on4-c ne C-F LDS Sign- to •-: Email addr: �Iy ? 0,o1- cor? 1 Na ut// P(ronCe[r2qq l• Ad rr : La L / /n_ Sign ure: Email addr:/� Adth:te Na • -:. i ho a #: rgnat : _ ACC/e✓ % / -a) am'e: Phone #: z yt Address: Signature: Email addr: Name: Phone #: Address: Signature: Email addr: Name: Phone #: Address: Signature: Email addr: 2 et Sol2 yS`Cf3z Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather sigliatur€ sGtrdsend forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Name (print) �, / iu� �l/ � Phone 4a- `age74,73 Address i33 Qiodutl�.c L6- Signatur " r l L email Wwtr Y e_ etnoeCav Name (print) Y1/ n Ve,1 Uri, I4,l3 Phone `0'S 35(0 3g03 Address V �J 2-C L, ,d. (G /G,�o Signature M--"' l'� \, 7 / -- (�� email ,)eFjrreyait%0 y r.hoo, 10M Name (print) lJ !n 1 f -(.-;4iA.)rv-- Phone' 40E(3SS" -Oa.ls Address a.gG L-oAJ6ei06.( Rd, LG 93-63)._ Signs — email / . chi i ill-070. JUhtsoa q' a1/: CO, N n Cum `/ci�ii-c°c,).., Phone go? .?r -e-0af1- Address t34-c- i r/c1y-e Xic,, tck Signature, .'S( � % em' 11- t CDC0tr. cadJ r1e f Name (print) / UPgone O2v \� 5 1 C l/`/ 4o�'35g (o3c.01 Address /ole �1-� -me .(� gr• IA �l503 Signat e email fo L tit) l.CGOO(44CWl& &omitca f',Ae Na a (print) micro k Phone ce-Of 1.f el( ?-_..16( Address7G1N,r/ ' /19(fit✓/%?Gre ` ( fid3 _d, S/gnat : ii__� email ``� t✓j /c6 f,, G ( (ceu i e7 Name (print) f" Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatureseind send forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development; Agreement currently being considered.• Na ne (print) , J / c...R 2 •'-� IC wu, i+-t A n ✓� Phone "3 i- (( S7 (to,i Address / .' 3 iLC- y I!(s`-i A co- . 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Sign a email G k a (A gt, .4n rt Wit,/ , Lon-, An., , / Name (print) �' i C /�;; 6� f�L Pone ry j� y� `bq' -'�f / G ( Address'] /� ��p i C/1 / �(,/ 16, 0f,C �a/r Gt9 Cff Si ture email, (/�/f,({��/� �i/j��� n j(//_j'/�� `,,/�pQ/�y 1 �I` (pri L15o, MG nA Phone Clc o \ Ad ress 1(0110 email bISLI•rnOk Cress We iLG Cfril Signature )• Name rint) Phone Address Signature - email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) - Phone Address Signature email Name (print) Phone Address Signature - email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email- Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and deliver forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Nya4\e.Zrin _ P1h}one / cc Address M 1 _ r �§iggatu SO ��� email 9 9 Nam (print) lAe - et le 4 oa � Phon �qs-�1 1 8 Address a� #72.1 15 c.js Signature- Op rant `p�^ email Nlme (print) 4,_J •cQ Vint ((tr- Phone q o z 2a "L( -73%2- Address 2,1 P4- (v)te,r Q `- tp1/ afore , 1/t�(,�-��c email Cam (pri n;)V ` ` 1%t is f t ?0tl\ Phone Y0c s3Z- 1310-7 Address _ 16SR? 1 U``, pI Signature p _ (`' 'Yy email ail Name (print//)� � (rCeN aTTLI =5 i Phone - VOc - J r- gal Address tiza CAtkAi ,i o.z. tz, Signature email ILIMal Name (pri t) n � n C4t9 y (r✓L Phone L-Q ' ((5 't 3 Address Itg Fetal LC/ 7 &i- Si nature email yyt kl €-AO'kE -c-tI ‘Aft- Name (print) Phone YC ;C,k Address ( (( Kauri ( QJ8& s Sign email Name (print) 'al\ aCCefi\`1>` alaak& I Phone C-tD�,35`E-51,6(e Address (� \1oeo 5k1liee, �1ivG( )6S-' Sig a re �� a" l email vv\aSca kk. *�.1ah an, COM Name (p t) Phone Address Signature email Name (print) Phone Address Signature . email Name (print) Phone Address Signature email We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the zo year Development Agreement currently being considered. Na T°cal e •: Mt I I el, Phone #: 3(4,-- 6>9s� Address: its- /vela Cif Signatu iet. w-Th Email addr: n_ etare,I(/ IiIrv, ®co-1-Cs°cste D Name: �.ill/7-11 %//� Phone #: c-62--n Address: �'C�"7' Sign aildr: "/.-V•�f ,e.. / to 1 Cc a I , L7 e ,re: pp Phone #: tip 3iC,' 3�i. "f Ad ss: n f Li t�%tu &-ri? t�` l %�c3 - Signature: t �� ,i,, m Email addr f Name: , � /.Ors IAr/P Phone #: L/b /-/yk� Address: Address: 1� IDAtutCL ; L Signature:ig Email addr: Nay► le ` [ l'slfic 1-Pitb mint p P'11r8 41'1 of%d Adtss/�>a4 a+ ! ij - )t J all Signs r �� 1,dh,c lye 1 Email addr: N Piro t' u' ici o l Vs: A wail Wit- llu i� , 4 Signatu • d Email addr: Na e: J Ph n #:.� Address:. 1 ereadULI Z /6i ' ' Sig turd Email addr: 1atiro/ lirne: itk Phone �: Address: t (j Email addr: Name:plcie-pPhone #: Addresh Signature: Email addr: Name: Phone #: Address: Signature: Email addr: Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and send forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Name (print) `luyni Nir1) [Inv Phone 35(9_0152_ Address IN hIlbrroDk-bY. Signature email , ylLfr 1/1— OHO yan & 4k6b,u li Name idrint) Shea- kilca vi slwiyc1 Phone 2lb SltaG Address 1 dYb oun; i q-°v. Signet e enmaail SLr rvtoris He- e 5rnA�, Corm.. Na (pnn l on 5 6 2.(0, Address r1 kICGre_elAd Dr Si at a email ? Q- rubN (Ts Kc-k_®t, cittoo. ill N me (" t) As tLi Via, 4'- Phone t'iis ?(u , 'nL 1 /�HJ\Address , Li 111 ,lf-f � is CIA, l'r" Signature ,11. email Name (print) M \ls\ uVv /Nar.0 4,--.ti Phone (t-kottt ?s , - oo,4-9 Address a cI ems- -- L<,.„_, 4. C 9 3 Signa�turi� 0 i xa-, (;v4 eemail'_ niiLf G>a Y ? 'ao d„:" cixName (print) \ A Phone //' ¢ 54--s %yB Address ``+ /C4 06(1Icfrsfe+' y SignaturerQ� ,yp email //;; Name (pool) Phone Addres Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and deliver forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Name (print) CAP.&L P,L I TZ- Phone cfQ ? 36 6 2 C Address (03 ST/A-74n o,cc 2 - Signature /ADCAL email iT 7-Ca33 ,Q,,f-oL. CON Nam (print) SeiiiJ avvr1 14 Phone a9Y-999/ Address is5Alez ate-c 7A,--L., 4401-Q Si, y, email 1444',WA //V4 452d-e/M y. 61,14 L (Li!!/Address 1 r+ 'f / gnat[[urleTirrl.fJ �J�/l eemaaiill/��'/ �� p /J en cim Naint) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email 9•Co3 Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and deliver forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Name (print) Gc,2 / Phone (YDV LIP-77991 Addre Inn 6/lNt 711 Pace gco3a Signature //{ n 1 //LC/4�1 �AG /��ft Lr M1q�/jfr(1' email GOx /769ao�ai, °Q.gr' Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone - Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and send forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Name t) Phone •Add ess Signs ur e ,en n 7 eyfy�aJli -Jj- Ao Name (pn t) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and deliver forms by July 25 to Eric Anderson et 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Name (print) /� `{�� p , a -4•Y gtuuL)-400 Phone [''� erQ o Address r,� n I, l ��-pW/� I �5//1'� 4e Y iYR+1 /6``l.�l/C Sign email i Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature ernail Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Petition Regarding Development Proposals for Los Gatos Business Paik (Albright Parcel) Please gather signatures and send forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Name (print) SILL -�1ula_r7I Phone /16F 39s-,19�� Address «° 87DCa ft wy Sig ature email 32 LLPkk-&n, lei ue '(print) '' rr l� 4r-k- f'tOu r&\r Phone VOr 395- gZ 6 Address / Zo is('ocp. ,...."„ Signatu_re/�j//� email Name (print t cvi J�c-�L. Phone o 3a3= 7970 Address 7 __,,,d x,� Signature �� / / // /J Name (print) Phone Address / l I Signature //;; Leo& i - email ,, L / 2L ip i0-% etet Ctad Name(pp Mc RE&L 1 hI 51" �QE, b9ga tg c 4t-�- L-6 Signatur1e� email Name (print) ky,tRN, VeRLM-Rr Phone 301s - o&ga Address 1g3 D . Lam: Signature email Name (print) /924f,51/14I- St)ifi4 Phone 39S S 27 Address / v 4/-4=a ZZ d✓v aturey / email) o me (print) , \ S liVir OV✓� di\ � � Phi 4 �) M� T s V � � C l� o LGL����-i !rin email N° C V Phone Address Signature ��/I_/` email p i� (t , �� .�'` N `"U"`°l Nam Phone Address Sign e / �/j /- ! \ email \'"ltii (k 'L._( l.@,OI_ Cj ri C�) car. .: Na t Phone Addre�ds c.2 Signature email Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and send forms by July 25 to Edo Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Name (print),. &Inou 5wet O1u Phone -3ciS-�-S 5 Address l't7(( Goi, I.4 ink_s D/ Signature iy.L)CY(U email 0I `- net, SLs21n5e,�/{ C{r}fl..c� Name (p nt) ,� �k-„z.V\ca. Phone -SS - Zge3 Address \in \\ G 1.,4,\c ‘ fit' cAc6 j6 Signature n , email j l. 3 Ak 1CO!" , Name (print) •, A \ \--Phone \rciu -2.,_t.15--- 1/r-7 Address nv /V71(0 /-79 Ir17)V `> Signature �v 737 email Na int), (/ G be__ Phone VI( /7 Address 3 o (/ rot fea 9LB i nature ) f/ ,, f email r ame - / « Diane ( ( 1 fir) a to Phone t-3'y�- 5T.1 7 Address eJNGwtn4 D)2 % /7;?r/ Z:t', Signature (, _ /4 /AZZI?1% ocir/l�,7ar,-r/ email i)V 5 f4'u.A4 AAl ? Y / j-D . (n M Near% (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Petition Regarding Development Proposals for Los Gatos Business Park (Albright Parcel) Please gather signatures and send forms by July 25 to Eric Anderson at 100 Cedarcrest Place, Los Gatos, CA 95032 We, the undersigned residents of Los Gatos, strongly recommend the Town Council reject the request to modify the Planned Development of Los Gatos Business Park, deny the request to rezone the parcel for any residential uses, and reject the 20 year Development Agreement currently being considered. Name (print) 3 c6th t-• CttsbV\ Phone 35C.--t,91 (.. Address 1cc, z8c, Azkt_epr vJA1( Signature n � 6! Lk11-+t`�' email 6 ro n G.o C, O nit GO r& i-S:1/4- r . elt- Nam pr' t) 1)2 Phone 3SLi_u 3-?....Lk Address t. Sign email I 13a e (pn re t Ven taut-- Phone 356/- 67016- Address aid Loy 4)1 S 'tCatM Signal �y-� i7` % / em it n Vent/ ro.`ar1.<90 J/ Co) Name (print) m Pit Cis, '4 130 (... Phone 59.5 - S 15 �S Address C A Go l\ QX t e -e� Signat ure —/ /4V�`„ t\ -( email rNn.rkN\'uuc, 5\iJ clirp,A.,LDr Name (print) fl a iJ VA M%'" Phone ,399-ti k Address ) Log evcc_,a) Signatur e�mail/'/� �� C VYtvv/�%1� /� gyp, /',., 6 1 61 L £ �c C�=--�� Name (pri t) Pho/nej ! Address 2� gA1 �" Signature / email �, ,�wu.a g er��`y� • c Name (prints Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email Name (print) Phone Address Signature email THIS PAGE INTENTIONALLY LEFT BLANK TOWN COUNCIL — AUGUST 1, 2011 REQUIRED FINDINGS FOR: 90 - 160 Albright Way and 14600 Winchester Boulevard. Planned Development PD-10-05 Mitigated Negative Declaration ND-11-004 Requesting approval to modify the existing Planned Development to allow the potential for a mix of land uses. The project may consist of office alone or a mix of office and multi -family and/or senior residential uses, subject to defined triggers. The project could include up to a maximum of 550,000 square feet of office space or a combination of less office space with residential uses. Residential uses could include up to a maximum of 168 senior units on property zoned CM:PD. The applicant is also requesting approval of a Development Agreement. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN's 424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, 063. PROPERTY OWNERS: LG Business Park, LLC APPLICANT: John R. Shenk FINDINGS: Required finding for CEQA: No significant impacts have been identified as a result of the project and a Mitigated Negative Declaration was adopted by the Town Council on June 20, 2011. Required consistency with the Town's General Plan: The proposed Zone Change and Draft Development Agreement are internally consistent with the 2020 General Plan and its Elements. Required consistency with the Town's Traffic Policy for community benefit: Projects that generate additional traffic of five or more peak hour trips may only be recommended for approval if the project's benefits to the cormmunity override the traffic impacts as determined by specific sections of the General Plan and/or any Specific Plan. If a project generates additional traffic of five or more peak hour trips the burden is on the applicant to cite economic or housing benefits to the Town and/or specific sections of the General Plan and any applicable Specific Plan that demonstrate the project's benefit to the Community which outweighs the traffic impact. The deciding body must make specific findings which demonstrate that the benefit(s) of the project outweigh the impact in order to approve the project. This project will contribute increased economic development opportunities and tax revenue for the Town. It creates the opportunity for the Town to attract and retain high quality and sales generating companies. It also provides the opportunity for senior housing in Los Gatos. Other project benefits are outlined in the Draft Development Agreement. ATTACHMENT 40 THIS PAGE INTENTIONALLY LEFT BLANK STAFF INITIATED CHANGES Development Agreement • Page 2, #5 5. Town is willing to enter this Agreement for the following reasons: reduce uncertainties in planning and provide for the orderly development of the Project; provide public improvements; strengthen the Town's economic base with high -quality long-term jobs, in addition to shorter -term construction jobs; generate substantial revenues for the Town in the form of one time and annual fees and exactions, increased property and sales tax, and other fiscal benefits; if high density residential and/or senior housing is constructed on the Property, provide a variety of needed senior housing; meet the goals of the General Plan; and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted (collectively, the "Public Benefits"). Town and Owner recognize and agree that but for Owner's contributions (Public Benefits), Town would not approve entitlements of the Property as provided by the Approvals and this Agreement. • Page 5, Section 1.2 (e) • Page 6, Section 1.2 (g) g. All uses permitted in the R Ail; CM; and 0 zones, excluding medical and dental offices, churches, and sports clubs other than as accessory to a permitted use, and public and private schools. • Page 6, Section Conditional Uses (CUP Required) (a) a. Except as otherwise specifically permitted above, all conditional uses in the R M, CM and 0 zones excluding residential. • Page 6, Section Conditional Uses (CUP Required), add a new (a) if CUP is required for senior, existing (a) as modified above becomes (b) (a) Senior Housing including without limitation. independent livin. assisted living. skilled nursin• as well as Continuin. Care Retirement Community and or Residential Care for the Elderly. including full food service and the sale of alcohol The Town Council shall be the decidin • body for a CUP for this use. • Page 16, Section 4.3.2 (i) 4.3.2 Community Benefit Contribution: Owner shall make a Community Benefit Contribution to Town as follows: (i) All Uses: For each A&S Approval for the Project up to an aggregate of 433,333 square feet of new development (regardless of use), Owner shall contribute $1.50 per square foot of building area (including office/research and development, redenntial and senior housing building area) authorized by such A&S Approval up to 1 ATTACHMENT 41 a maximum of $650,000, payable at the time the PG&E meter is secured for each building authorized by such A&S Approval. In the event that the aggregate approved new development square footage at the time of approval of (and including square footage approved by) the first A&S Approval for the Project containing residential units or senior housing is less than 433,333 square feet (regardless of use) on the Property, then the entire remaining unpaid balance of the of $650,000 shall be allocated pro rata across the total square footage approved by the A&S, and the pro rata amount shall likewise be payable at the time the PG&E meter is secured for each building authorized by such A&S Approval; and, • Page 16, Section 4.3.2 (ii) (ii) Residential and Senior Housing Uses: For each A&S Approval for the Project, Owner shall contribute the amount per dwelling unit (including senior units) set forth below authorized by such A&S, payable fifty percent (50%) upon issuance of the first building permit for a dwelling unit_ authorized by such A&S Approval and fifty percent (50%) upon issuance of the first PG&E meter for a dwelling unit authorized by such A&S Approval: 0 to 100 units 101 to 300 168 units 301 to 100 units 01 r more units $1,500 per unit $2,000 per unit $3,000 per unit $7,000 per unit • Add as new Section 4.4 4.4 Developer shall use their best efforts to maximize the local allocation of construction related sales and use taxes to Los Gatos on any construction contracts of $5,000,000 or more as allowed by the California State Board of Equalization: Planned Development Ordinances Office and Senior Housing Permitted by Right (Attachment 29) • Page 3, Section III, COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan (as defined in Section V) and Development Agreement specifically indicates otherwise, except as otherwise provided in any applicable Development Agreement. • Page 5 and 6, #3 2 3. SENIOR RESIDENTIAL DEVELOPMENT TRIGGERS: The Development Plans shall be revised to reflect the following changes to the Senior Residential Development Triggers: Until both (i) issuance by the Town of a building permit for at least 250,000 square feet of new office/R&D development on the Property (the "Office Trigger"), and (ii) 60 months after Property Jana 1 2016 the a licant shall not submit applications for building permits for senior housin• on the Property (the "Phasin• Trigger"). Upon satisfaction of the Office Trigger, the Town will process A&S applications and associated entitlements for the Property for additional office/R&D development permitted by the PD Overlay, up to the maximum amounts permitted by the PD Overlay. Upon satisfaction of the Phasing Trigger, the Town will process A&S applications and associated entitlements for the Property for any uses or combination thereof permitted by the PD Overlay, up to the maximum amounts permitted by the PD Zoning, provided that the land area of the Property approved for the non-office/R&D uses shall not exceed seven (7) acres, shall be located on the southern portion of the property ad'acent to the existine residential property and shall have a maximum total density of 24 units per acre of residential development inclusive of below market •ro • ram and other housin¢ requirements incentives and bonuses. • Page 7, #9 9. BUILDING COMPOSITION. The office/R&D component shall not exceed 550,000 square feet inclusive of any indoor conference facilities, cafeteria, fitness center or other amenities. There shall be up to a maximum of 168 senior housing units. The combination of uses shall not result in new or substantiall more severe environmental impacts than disclosed in the Miti•ated Netative Declaration for the project dated April 11. 2011 (the "MND" . If the combination of uses does result in new or substantially more severe environmental impacts than discussed in the MND then appropriate CEOA review shall be required irior to A&S Ai iroval but no amendment to this PD Overlay shall be required as Ion e as the stated maximums for each individual use are not exceeded. • Page 7, #10 10. BUILDING HEIGHT. The maximum height of the office buildings may be up to five stories and 85'-0" (eighty five feet zero inches), including the roof screen. The maximum height of the parking structures shall be three stories and 35'-0" (thirty five feet zero inches), exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance. The maximum height of senior housing buildings may be up to three stories and 50'-0" (fifty feet and zero inches), including the roof 3 screen, and exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance, subject to the provisions of any applicable Development Agreement, subject to the provisions of any applicable Development Agreement. Office Permitted by Right and Senior Housing with a CUP (Attachment 30) • Page 3, Section III, COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan (as defined in Section V) and Development Agreement specifically indicates otherwise, except as otherwise provided in any applicable Development Agreement. • Page 5 and 6, #3 3. RESIDENTIAL DEVELOPMENT TRIGGERS: The Development, Plans shall be revised to reflect the following changes to the Residential Development Triggers: Until both (i) issuance by the Town of a building permit for at least 250,000 square feet of new office/R&D development on the Property (the "Office Trigger"), and (ii) 60 mon.wafter the January 1 2016, the applicant shall not submit applications for building permits for senior housing on the Propertyithe "Phasin. Trigger"). Upon satisfaction of the Office Trigger, the Town will process A&S applications and associated entitlements for the Property for additional office/R&D development permitted by the PD Overlay, up to the maximum amounts permitted by the PD Overlay. Upon satisfaction of the Phasing Trigger, the Town :will process A&S applications and associated entitlements for the Property for any uses or combination thereof permitted by the PD Overlay, up to the maximum amounts permitted by the PD Zoning, provided that the land area of the Property approved for the non-office/R&D uses shall not exceed seven (7) acres, shall be located on the southern portion of the property adiacent to the existing residential property, and shall have a maximum total density of 24 units per acre of residential development inclusive of below market program and other housing requirements incentives and bonuses. • Page7,#9 9. BUILDING COMPOSITION. The office/R&D component shall not exceed 550,000 square feet inclusive of any indoor conference facilities, cafeteria, fitness center or other amenities. There shall be up to a maximum of 168 senior housing units. The combination of 4 uses shall not result in new or substantially more severe environmental im acts than disclosed in the Mitigated Negative Declaration for the nroieet dated Anril 11 2, 011 (the "MND" . If the combination of uses does result in new or substantiall more severe environmental impacts than discussed in the MND then appropriate CEOA review shall be required prior to A&S Approval_but no amendment to this PD Overlay shall be required as long as the stated maximums for each individual use are not exceeded. • Page 7, #10 10. BUILDING HEIGHT. The maximum height of the office buildings may be up to five stories and 85'-0" (eighty five feet zero inches), including the roof screen. The maximum height of the parking structures shall be three stories and 35'-0" (thirty five feet zero inches), exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance. The maximum height of senior housing buildings may be up to three stories and 50'-0" (fifty feet and zero inches), including the roof screen, and exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance, subject to the provisions of any applicable Development Agreement subject to the provisions of any applicable Development Agreement. Office Only (Attachment 31) • Page 1, Section II The PD (Planned Development Overlay) zone established by this Ordinance (the "PD Overlay") authorizes the following construction and use of improvements: The development of the Property could include up to a maximum of 550,000 square feet of office/R&D space, f r eaeh. phase oftl.e Pr J t ill b a �i-el b e applicant at the Architecture & Site ("A&S") Appr val stage, and any combination of use., authorized by this PD Overlay is authorized up to the stated maximums, subject to the 5 • Page 3, Section III, COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan (as defined in Section V) and Development Agreement specifically indicates otherwise, except as otherwise provided in any applicable Development Agreement. • Page 7, #10 10. BUILDING HEIGHT. The maximum height of the office buildings may be up to five stories and 85'-0" (eighty five feet zero inches), including the roof screen. The maximum height of the parking structures shall be three stories and 35'-0" (thirty five feet zero inches), exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance subiect to the provisions of any applicable Development Agreement. 6 COUNCIL INITIATED CHANGES Development Agreement • Page 12, Section 2.3.5 2.3.5. Architecture and Site Approvals: If the applicant, in connection with the initial A&S Approval for the Project, submits master design review standards and guidelines for sultequent A&S Approvals for the Project, the Planning Commission shall have authority to ro aprrpve n el. .++...her n stand d sigr ards an.l guideline. and deleg to r ability . - the De .eloprment Ra Co meeittt„aYYrb `1 n p S n YY t t, substantial conformance with such approved master design review standard 2.3.5. Architecture and Site A royals: All a lications for A&S A royals for each phase of the Project shall be referred to the Planning Commission for a recommendation to Town Council. Town Council shall make the final determination for all annlications for A&S Approvals. • Page 13, Section 3.1, Existing Term: 15 years + 5 year extension. Council to determine length of term, applicant requesting 10 year term with a 10 year extension. 3.1 Term of Agreement. The term ("Term") of this Agreement shall commence on the Enactment Date. This Agreement shall terminate fifteen (15) years following the Enactment Date, unless sooner terminated or extended as hereinafter provided. The Term will be extended an additional five (5) years should Owner be in good faith compliance with the terms and conditions of this Agreement, as determined by the annual review process for this Agreement in the 14th year. All extensions shall be approved by the Parties in writing and are subject to review by Town Council, which, in the case of the five (5) year extension provided for above, shall occur not later than 90 days after Town has completed the 14th year annual review process, and in no event later than 90 days prior to the expiration of this Agreement. Following expiration of the Term or any extension, or if sooner terminated, this Agreement shall have no force and effect, subject, however, to provisions hereof expressly set forth as surviving the expiration or termination of this Agreement. Notwithstanding the foregoing, this Agreement shall terminate with respect to any for -sale residential lot after Town receives notice and such lot shall be released and no longer be subject to this Agreement, when a certificate of occupancy has been issued for the building(s) on the lot. ATTACHMENT 42 Planned Development Ordinances O fice and Senior Housing Permitted by Right (Attachment 29) • Page 6, #4 4. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate A&S application Development Agreement. 4 ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate A&S application shall be required for each phase of the Proiect. The A&S annlication shall be referred to Plannine Commission for a recommendation to Town Council Town Council shall make the final determination on all A&S applications. • Page 7, #9 9. BUILDING COMPOSITION. The office/R&D component shall not exceed 550,000 square feet inclusive of any indoor conference facilities, cafeteria, 'fitness center or other amenities. There shall be up to a maximum of 168 senior housing units. The combination of uses shall not result in new or substantially more severe environmental impacts than disclosed in the Mitijgated Negative Declaration for the project dated April 11. 2011 (the "MND" . If the combination of uses does result in new or substantially more severe environmental impacts than discussed in the MND, then appropriate CEQA review shall be required prior to A&S Approval but no amendment to this PD Overlay shall be required as Ion g as the stated maximums for each individual use are not exceeded • Page 7, #10 10. BUILDING HEIGHT. The Maximum height of the offide.:buildings may be up to five- stories and 85'-0" (eighty five feet zero inches), including the roof screen. Heights of office buildings shall be varied and not exceed the maximum permitted height 85'-0" (eighty five feet zero inches), The maximum height of the parking structures shall be three stories and 35'-0" (thirty five feet zero inches), exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance. The maximum height of senior housing buildings may be up to three stories and 50'-0" (fifty feet and zero inches), including the roof screen, and exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance, subject to the provisions of any applicable Development Agreement. • Page 10 and 11, #26 26. AESTHETICS MITIGATION MEASURE AES-1: Limit Visibility. In order to be consistent with the scale and heights of adjoining commercial and residential development in 2 the project vicinity, support the objectives and policies of the General Plan's VLR Element, and maintain the small-town character of the community, the proposed project configuration shall implement one or both of the following measures: a. Future office and residential structures shall be limited to a height that ensures a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines and support the community's objective of maintaining its small-town character; and/or b. Future office and residential structures shall be situated and designed to minimize visual effects on the travelling public, adjacent residents, and nearby commercial uses. The selected project scenario shall include a design that incorporates a combination of buildings with various rather than uniform heights; building design features such as articulation of facades, appropriate fenestration treatment, and similar architectural elements; and a landscaping plan that includes tree species with appropriate height potential to maximize screening of the proposed buildings' upper floors. • New Performance Standard LANDSCAPE SCREENING. All buildings and parking structures shall be significantly buffered from Winchester Blvd. and properties to the west by the existing, predominately redwood tree screen. All healthy redwoods and other significant trees in the Winchester Blvd. frontage screen shall be retained except for those that would be removed with the construction of the new Albright Way entry just south of proposed Building D. The proposed parking structure would also be screened by the existing vegetation along the northern property line and additional landscaping shall be incorporated as needed to maximize the buffering of the structure from the freeway and properties north. Office Permitted by Right and Senior Housing with a CUP (Attachment 30) • Page 6, #4 Development Agreement. 4. ARCHITECTURE AND SITE APPROVAL REQUIRED A separate A&S application shall be re uired for each hase of the Pro'ect. The A&S anplication shall be referred to Planning Commission for a recommendation to Town Council. Town Council shall make the final determination on all A&S applications. 3 • Page 7, #9 9. BUILDING COMPOSITION. The office/R&D component shall not exceed 550,000 square feet inclusive of any indoor conference facilities, cafeteria, fitness center or other amenities. There shall be up to a maximum of 168 senior housing units. The combination of uses shall not result in new or substantiall more severe environmental impacts than disclosed in the Miti•ated Negative Declaration for the project dated April 11 2011 (the "MND" . If the combination of uses does result in new or substantially more severe environmental impacts than discussed in the MND, then appropriate CEOA review shall be required prior to A&S Approval. but no amendment to this PD Overlay shall be required as long as the stated maximums for each individual use are not exceeded. • Page7,#10 10. BUILDING HEIGHT. The maximum height of the office _buildings may be up to :five' stories and 85'-0" (eighty five feet zero inches), including the roof screen. Heights of office buildings shall be varied and not exceed the maximum permitted height(eighty five feet zero inches). The maximum height of the parking structures shall be three stories and 35'-0" (thirty five feet zero inches), exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance. The maximum height of senior housing buildings may be up to three stories and 50'-0" (fifty feet and zero inches), including the roof screen, and exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance, subject to the provisions of any applicable Development Agreement. • Page l0 and 11, #26 26. AESTHETICS MITIGATI,ON,MEASURE AES-1: Limit Visibility. In order -to � e consistent with the scale and heights of adjoining commercial and residential development in the project vicinity, support the objectives and policies of the General Plan's VLR Element, and maintain the small-town character of the community, the proposed project configuration shall implement one or both of the following measures: a. Future office and residential structures shall be limited to a height that ensures a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines and support the community's objective of maintaining its small-town character; and/er b. Future office and residential structures shall be situated and designed to minimize visual effects on the travelling public, adjacent residents, and nearby commercial uses. The selected project scenario shall include a design that incorporates a combination of buildings with various rather than uniform heights; building design features such as articulation of facades, appropriate fenestration treatment, and similar 4 architectural elements; and a landscaping plan that includes tree species with appropriate height potential to maximize screening of the proposed buildings' upper floors. • New Performance Standard All buildings and parking structures shall be significantly buffered from Winchester Blvd. and properties to the west by the existing, predominately redwood tree screen. All healthy redwoods and other significant trees in the Winchester Blvd. frontage screen shall be retained except for those that would be removed with the construction of the new Albright Way entry just south of proposed Building D. The proposed parking structure would also be screened by the existing vegetation along the northern property line and additional landscaping would be incorporated as needed to maximize the buffering of the structure from the freeway and properties north. Office Only (Attachment 31) • Page 6, #4 `i Y l.e Pro:eet Tl.e Plnnni g .......... Coissie shall be tl.e : ial Development Agreement. 4. ARCHITECTURE AND SITE APPROVAL REQUIRED A separate A&S application shall be required for each phase of the Proiect. The A&S application shall be referred to Planning Commission for a recommendation to Town Council. Town Council shall make the final determination on all A&S applications. • Page 7, #10 10. BUILDING HEIGHT. The maximum height of the office buildings may be up to five stories and 85'-0" (eighty five feet zero inches), including the roof screen. Heights of office buildings shall be varied and not exceed the maximum .ermined hei•ht 85'-0" eighty five feet zero inches). The maximum height of senior housing buildings may be up t four storie., residential buildings may be up to /10' 0" (forty feet and zero inches), including the roof screen, The maximum height of the parking structures shall be three stories and 35'-0" (thirty five feet zero inches), exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance. 5 • Page 10 and 11, #26 26. AESTHETICS MITIGATION MEASURE AES-1: Limit Visibility. In order to be consistent with the scale and heights of adjoining commercial and residential development in the project vicinity, support the objectives and policies of the General Plan's VLR Element, and maintain the small-town character of the community, the proposed project configuration shall implement one or both of the following measures: a. Future office and residential structures shall be limited to a height that ensures a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines and support the community's objective of maintaining its small-town character; andler b. Future office and residential structures shall be situated and designed to minimize visual effects on the travelling public, adjacent residents, and nearby commercial uses. The selected project scenario shall include a design that incorporates a combination of buildings with various rather than uniform heights; building design` features such as articulation of facades, appropriate fenestration treatment, and similar architectural elements; and a landscaping plan that includes tree species with appropriate height potential to maximize screening of the proposed buildings' upper floors. • New Performance Standard All buildings and parking structures shall be significantly buffered from Winchester Blvd. and properties to the west by the existing, predominately redwood tree screen. All healthy redwoods and other significant trees in the Winchester Blvd. frontage screen shall be retained except for those that would be removed with the construction of the new Albright Way entry just south of proposed Building D. The proposed parkingstructure would also be screened by the existing vegetation along the northern property line and additional landscaping would be incorporated as needed to maximize the buffering of the structure from the freeway and properties north. 6 From: David Wells [mailto:dwells@netflix.com] Sent: Monday, August 01, 2011 2:57 PM To: Greg Larson Cc: David Hyman; John R Shenk (jshenk@me.com) Subject: Community benefit provided by Netflix Dear Greg, In recognition of our long term partnership with the town and our anticipated future together, Netflix is prepared to offer a direct phased community benefit payment of $900,000 to the Town of Los Gatos to use for general purposes. Understood in the included general purposes is help in offsetting the traffic impact of our proposed site at Albright Way via a new pedestrian crossing over Highway 85 on our side of Winchester to minimize internal building trips (among other uses). Upon acceptance of this contribution by the Town Council, we can negotiate and execute the legal documents required to effectuate this additional contribution to the Town. Sincerely, David Wells, CFO Netflix ATTACHMENT 43 THIS PAGE INTENTIONALLY LEFT BLANK