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11 Desk Item4. Vi{ 1 tsiriii DATE: TO: FROM: SUBJECT: DISCUSSION MEETING DATE: 10/03/11 ITEM NO: 11 DESK ITEM COUNCIL AGENDA REPORT October 3, 2011 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER PLANNED DEVELOPMENT PD-10-004; AND NEGATIVE DECLARATION ND-10-002. PROJECT LOCATION: 16213 LOS GATOS BOULEVARD. PROPERTY OWNER: MARGARET R. BISHOP APPLICANT: SANTA CLARA DEVELOPMENT COMPANY. A. CONSIDER APPROVAL OF A PLANNED DEVELOPMENT TO CHANGE THE ZONE FROM CH TO CH:PD, TO DEMOLISH AN EXISTING AUTO DEALERSHIP AND CONSTRUCT 22 SINGLE- FAMILY RESIDENCES. APNs 529-18-031 AND 055. B. CONSIDER ADOPTION OF THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN. Attachments 10, 11, 13 and 14 are letters of support for the project that were received after the Council packets were delivered. Attachment 17 is a letter in opposition. Attachment 12 includes comments regarding the width of the private street and tree removal. A response to the comments in Attachment 12 are addressed in detail in the September 14, 2011, Planning Commission Desk Item (Attachment 5 to the Council staff report). Attachment 15 is a table showing the size of the private yards for each of the proposed residences. The corresponding map shows the areas that are included. Attachment 16 is a map of BMP units in Town as of 2008. All of the low income units are rentals. The following BMP units have been approved since 2008 when the map was prepared and last updated (units with an asterisk are not yet constructed): • 164 Wedgewood Avenue (Cornerstone) — one for -sale moderate income unit • 347 Massol Avenue (Baytree) — eight for -sale moderate income units* • 229 Caldwell Avenue (Bluebird Lane) — one for -sale moderate income unit* • 375 Los Gatos Boulevard (Bluebird Lane) — one for -sale moderate income unit* • Placer Oaks Road — one for -sale moderate income unit* • 16005 Los Gatos Boulevard — three for -sale moderate income units* PREPARED BY: • O `Wendie R. Rooney, Director of Community Development Reviewed by: P J Assistant Town Manager Town Attorney Finance N:1DEV\TC REPORTS\2011 \LosGatosBlvd 16213-dsk.doc Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 16213 Los Gatos Boulevard/PD-10-004, ND-10-002 October 3, 2011 ATTACHMENTS Previously received under separate cover: 1. Mitigation Monitoring Plan (seven pages) 2. Required Findings and Considerations (one page) 3. Draft Planned Development Ordinance (26 pages), includes zone change map (Exhibit A, one page) and development plans (Exhibit B, 22 pages), received September 7, 2011 4. September 14, 2011, Report to the Planning Commission with Exhibits 1-14 (exclusive of development plans) 5. September 14, 2011, Desk Item Report to Planning Commission with Exhibits 15-24 6. September 14, 2011, Planning Commission verbatim minutes 7. Letter from Jere Hench (two pages), received September 14, 2011 8. Email correspondence from Liz Dillon, received September 14, 2011 9. Email correspondence from Virginia Fiorentino, received September 27, 2011 Attached to this desk item: 10. Letter from Mr. & Mrs. Robert Minden, received September 30, 2011 11. Letter from Vincent N. Baxter (two pages), received September 30, 2011 12. Email correspondence from Dave Crites, received October 1, 2011 13. Letter from Nancy J. Pearner, received October 3, 2011 14. Letter from John Kolkka, received October 3, 2011 15. Private open space table and plan 16. BMP Housing Program map 17. Email correspondence from Susan Buxton, received October 3, 2011 18. Fax correspondence from Douglas B. Allen, Burnett, Burnett, & Allen, received October 3, 2011 WRR: SD: ah N:\DEV\TC REPORTS\2011\LosGatosB1vd16213-dsk.doc September 29, 2011 Mayor Joe Pirzynski Vice Mayor Steve Rice Council Member Diane McNutt Council Member Barbara Spector Council Member Steve Leonardis �C.>�< < E l L T O\'VN OF I OS c,,ATnS PLAt--iNING DIVISION RE: ROBSON HOMES DEVELOPMENT PROJECT 16213 Los Gatos Blvd, Los Gatos, CA 95032 Honorable Members of the Los Gatos Town Council: Both my husband and I were born and raised in Los Gatos. We have been residents here since 1938 and 1941. Being retired, we especially feel that any new projects coming to Los Gatos should be the best that Los Gatos can offer. Having sold our large home, we have moved to a smaller place until we find an appropriate place to move permanently. The Robson Development project may be just the answer. These homes appear to be a perfect opportunity for us to live closer to downtown and will offer the appropriate size for our living arrangements. Our feelings are that the Robson project planned for the former Honda Dealership on Los Gatos Blvd. is the very best. Not only will it improve that corner, it will enhance the Boulevard. Los Gatos has always been unique to us as it is to so many others. We need beautiful projects coming in and this project by Robson Homes is the right one! l do not speak lightly when I support any project in Los Gatos. This is one project that I feel will be an asset to our town. I am asking that you support this beautiful opportunity to enhance our Blvd. Sincerely long time residents, Mr. and Mrs. Robert Minden 130 Town Terrace # 6 Los Gatos, CA 95032 ATTACHMENT 10 This Page Intentionally Left Blank OFFICES OF VINCENT N. BAXTER, LL.B., G. L.U. 1101 SOUTH WINCHESTER BOULEVARD SUITE M-259 - WINCHESTER PLAZA SAN JOSE, CALIFORNLA 95128 September 30, 2011 Los Gatos Town Council Los Gatos Town Hall 110 East Main Street Los Gatos, CA 95030 AREA CODE 408 TELEPHONE 249-5675 FACSIMILE 249-2526 Cfvr1.7 r SEP 30 201 E MAYOR & TOWN COUNCIL MAYOR Re: Planned Development of 15055 and 15075 Los Gatos Boulevard Dear Members of Los Gatos Town Council, I have lived in Los Gatos for fifty years at two different locations enjoying the wonderful village atmosphere, salubrious climate, high degree of safety, and general pleasant ambiance of our home town. Three of our children attended Louis Van Meter School and Raymond J. Fisher School located in the vicinity of this property which has been proposed as a residential development by Mr. Mark Robson, whom I have never met. I do see the work he did at the bottom of Kennedy Road on Los Gatos Boulevard. This was an incredible improvement in that area which was so neglected for years and years. He certainly appears to know what he is doing, and the results are outstanding. Upon inquiring, I also understand that he has been a resident of Los Gatos for some time. The proposed site is ideal for residential units. We need living space in this town, especially in that area. The consideration of commercial and especially retail should be out of the question. It would be a step backward and most certainly increase traffic congestion in that area. There are already enough vacancy signs in the town at retail and commercial locations. My interest in this issue was increased when I looked at the picture of the development on the fence at Los Gatos Boulevard and Roberts Road. Thereafter, I reviewed on my computer the Planning Commission's meeting recently held concerning this desirable project. In my opinion the Planning Commission should have given a unanimous, hearty endorsement of the plan proposed by Mr. Robson as it stands since there was no relevant or substantive objection based on the facts presented. The traffic issue was resolved by evidence showing not only less traffic compared to commercial development, but also a conclusive detailed analysis performed by Mr. Robson answering all questions set forth by the Planning Commission. The plans demonstrate clearly that there is no "density" ATTACiENTT 11 Los Gatos Town Council -2- September 30, 2011 problem with ample space available for leisure time activities by residents. In addition, the proposed gift of $150,000 for the benefit of schools was over and beyond necessary, but very generous and thoughtful. Therefore, I hope you give an enthusiastic stamp of approval for this endeavor for the benefit of the town and its citizens. Kindest regards, el 1 Vincent and Claire Baxter 170 Longmeadow Drive Los Gatos, CA 95032 VNB/cmm From: David Crites [davidcrites@frontier.com] Sent: Saturday, October 01, 2011 6:30 PM To: Wendie Rooney Subject: Regarding 16213 Los Gatos Boulevard (Oct 3 agenda) Hi Council Members -- Here are a couple of issues to consider regarding the 16213 Los Gatos Boulevard application: 1. The project proposes a 20 foot street width. Yet, Sec. 24.50.015 and Sec. 24.10.015 set a mandatory street width of 36 feet and a mandatory right-of-way width of 56 feet for "all subdivisions". No exception is made for PDs. In fact, Sec. 29.80.095 says that even PDs must conform to "the subdivision ordinance". The proposed project is a subdivision. The law allows no discretion. 2. Sec. 29.10.0990(5) prohibits tree removals in order to accommodate a subdivision (unless there is a geologic hazard or restricted access). Sec. 29.10.050 states "[t]be provisions of sections 29.10.070 through 29.10.295 apply to all zones", and Section 29.10.0990 falls within this range. There is neither a geologic hazard nor restricted access on this property so the tree removals proposed by the project would constitute a violation of this mandatory code section. 3. A mitigated negative declaration is inappropriate for this project because the above violations constitute fair arguments that the project may have a significant environment impact. Thank you for your service to the Town, Dave Crites ATTACHMENT 12 This Page Intentionally Left Blank V lil VJ 1 I UU. IJiJ \ ik rd �oo r,1 September 28, 2011 Mayor Joe Pirzynski Vice Mayor Steve Rice Council Member Diane McNutt Council Member Barbara Spector Council Member Steve Leonardis 3 2011 MAYOR & TOWN COUNCIL RE: ROBSON HOMES DEVELOPMENT PRCJECT 16213 Los Gatos Blvd, Los Gatos, CA 9S032 Honorable Members of the Los Gatos Town Council: l have been a resident of Los Gatos since 1971 and am now retired from my position as a Counselor at West Valley College. My daughter, Liz, attended Los Gatos High School and has been a near professional tennis player at Courtside Swim and Racquet Club since she was small. Having been active in my community for many years, I take a special interest in what is happening in Los Gatos and recognize that development is bound to occur. This being said, I wish to express my support of the most current project of Robson Homes. Mark Robson is an outstanding builder as well as a member of our community. His projects all reflect quality and are always appropriate for the sites he chooses. The Los Gatos Honda site lends itself perfectly to residential development. I can see nothing else there but the lovely homes for young and old alike. I have driven by and seen the story polls which tell me that the project will not be too high or imposing. I was even more impressed when I heard that Mr. Robson is going to offer $150,000.00 as his donation to the schools. Speaking as a former teacher, I can emphasize that these funds are certainly needed. Please offer your support of this wonderful project. Sincerely, NancyJ. Pearne 159 El Pinar Los Gatos, California ATTACHMENT 13 This Page Intentionally Left Blank September 30 , 2011 Los Gatos Town Council Mayor Joe Pirzynski Vice Mayor Steve Rice Council Member Steve Leonardis Council Member Diane McNutt Council Member Barbara Spector Honorable Council Members N ( 1' ECERfED 1?-:0J \2m . OCT- 3 2011 MAYOR & TOWN COUNCIL In regards to the issue before council this past meeting regarding the proposed housing development at the corner of Los Gatos Blvd. and Roberts road. I am a home owner in Los Gatos located at 21116 Locust Drive. In hearing this item on the agenda it struck me that the one area of Los Gatos that offers an opportunity to provide much needed residential space and at the same time deals with an issue of vastly under utilized developed area is certainly the previous Auto Row area of Los Gatos Blvd. Much like what has happened in previously dense dealership areas in other peninsula cities such as Menlo Park and Palo Alto - the times have changed. I can respect the need for sales tax revenues for in the past these dealerships provided a sizeable portion of those funds to city coffers. But the business model among many other factors is no longer the same and the entire multi block is currently serving no useful purpose especially when you consider general vivacious energy through the rest of our community. It seems that there is a very established and reputable developer in line to develop the property and in my opinion it should move forward to build the proposed homes. The two required below market units balance and satisfy current protocol of leveling the field as much as is reasonable. Truly , John Kolkka. ATTACHMENT 14 This Page Intentionally Left Blank 16213 Los Gatos Boulevard Private Yard Areas Lot Total Lot 1 848 Lot 2 1,406 Lot 3 1,431 Lot 4 1,338 Lot 5 1,366 Lot 6 1,432 Lot 7 1,164 Lot 8 720 Lot 9 1,131 Lot 10 1,081 Lot 11 941 Lot 12 931 Lot 13 981 Lot 14 931 Lot 15 792 Lot 16 632 Lot 17 774 Lot 18 842 Lot 19 843 Lot 20 804 Lot 21 664 Lot 22 503 Average: 980 ATTACHMENT 15 ____,...,_____.,_--"eVd/ ---_____,...,. ..- -__ ---,___...,____ —_ N Los Gatos BMP Housing Program ...e„,......„. ...Ina _ l beaRIIVAV IP °L'• , 1/ 0 44411.110*-41k4 um vow illwm .e:14tlivw-p.,4% A', kittiv vitiotivegrr.st, oakum , im I .44 k.../ "11" PAOLW:iataSNI VIIIIIIWI atts.%= 64* V,Y. • ' 4....-,.. vet 4 .:4,... 4. rAgliniiv.iizalin irs-A-4.-•AeavrNe . r is ii_LF Tilt %Mk kvimirotr:*- .."i Irt I AU. AWAtat _igAn .ct4k pli )00. • 0111111,111112_14mari5m1O1111- resammiiims4111A1 BMP Housing Classification 0 Low Income 0 Moderate Income Scott Robidoux Town of Los Gatos June 3, 2008 ATTACHMENT 1 6 This Page Intentionally Left Blank Original Message From: Susan Buxton Jmailto:sbuxton118@gmail.comj Sent: Monday, October 03, 2011 11:09 AM To: Council Subject: planned development of 16231 Los Gatos Blvd. Dear Mayor Pirzynski and Council Members, E TOin'•r;;tt FOCI (lC f �-`ry IN JS vv t�Y ( 4- P .ltNN'4 i Si"� .:I` i�litl�i .11t�'i�i��N I do not support the plan for 16231 Los Gatos Blvd. as presented before the Council tonight. I do support residential development of this site, but feel that this plan is too dense, and ignores the traffic and safety issues presented by being near an intersection that is already impacted by school traffic and the mis-aligned roads. At it's present density, it will impact on our schools especially when taken into account with the small residential proposal across Los Gatos Blvd. and the Swanson Ford approved development. There doesn't seem to be any overall plan for development along Los Gatos Blvd. that takes into account the amount of traffic on this one 2.5 mile road. Please consider asking staff to present each proposal in context of what the impact will be on the entire area, deny the Planned Development Ordinance as it applies to this project and proposed residential developments, and send the project back to the Planning Commission. Sincerely, Susan Buxton 118 Robin Way Los Gatos, 95032 ATTACHMENT 17 This Page Intentionally Left Blank BURNETT, BURNETr, & ALLEN Trial Attorneys and Counselors at Law DOUGLAS o. A:LEN 333 WEST SAN CARLOS ST., 8TH FLOOR SAN JOSE, CALIFORNIA 95110 TELEPHONE (408) 295-6590 October 3, 2011 Vice Mayor Steve Rice and the Los Gatos Town Council 110 E. Main Street Los Gatos, CA. 95030 RECEIVED i 03 201' MAYOR & TOWN COMM _. DAVID M. BUINETT (1870-1959) JOHN M. EUINETT (1903-1991) Hon_ BRUCE F. ALLEN (1916-1966) By Fax 408-399-5786 FACSIMILE (4OR) 298-0919 Re: Hearing on Planned Development PD-10-004, Negative Declaration ND-10-002; 16213 Los Gatos Boulevard; support for property owner and applicant. Dear Steve: This letter is to support the application of Santa Clara Development Company, and the property owner Margaret Bishop. As you know the late Grant Bishop was a very productive member of our Los Gatos community for many years. The application will benefit his family by putting to good use the real property now sitting vacant at 16213 Los Gatos Boulevard. Likewise, the project will benefit the town by turning the property into a productive development supplying much needed housing in Los Gatos. The location near two public schools, the Baptist Church and a pre school, will be more consistent with the proposed housing than its previous use. I have represented both dealerships and developers in the vehicle market for thirty years, and know that the industry has materially changed. Preservation of that industry's retail is a much more complex issue than merely resisting the beneficial development of previous dealership locations into new uses. Modern dealership locations require comprehensive synergy in location and public agency incentives, many of which would be objectionable to a community like Los Gatos. Holding out on new uses to wait for renewed dealerships at this location is a futile endeavor. As a part time coach at Los Gatos High School and lifetime resident of the Los Gatos community, I know of the continuing need for the Town to create housing in an effort to keep the community alive and avoid social stratification. Attachment 18 Letter to Vice Mayor Steve Rice and the Los Gatos Town Council Re: Hearing on Planned Development PD-10-004, Negative Declaration ND-10-002; 16213 Los Gatos Boulevard; support for property owner and applicant. October 3, 2011 Page 2 I am writing this letter because of my genuine interest in the project for the community and out of interest in the benefit of the late Mr. Bishop's family. I have not been retained by any of the involved parties. If you have any questions please feel free to contact me at the above. ery truly yours, DOUGLAS B. ALLEN