Addendum and Attachment 10
PREPARED BY: JOEL PAULSON
Community Development Director
_______________________________________________________________________________________
Reviewed by: Assistant Town Manager Town Attorney Finance
_________________________________________________________________________
https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/9398/StoryPoleException_Mod -Cont_Addendum_.docx
4/15/2016 5:05 PM MM
MEETING DATE: 04/19/16
ITEM NO: 6
ADDENDUM
COUNCIL AGENDA REPORT
DATE: APRIL 15, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: PROPERTY LOCATION: NORTH FORTY SPECIFIC PLAN AREA: PHASE 1
CONSIDER A REQUEST TO MODIFY A PREVIOUS APPROVAL OF AN
EXCEPTION TO THE STORY POLE POLICY FOR THE PHASE 1 NORTH
FORTY DEVELOPMENT APPLICATIONS. APNS: 424-07-024 THROUGH
027, 031 THROUGH 037, 070, 083 THROUGH 086, 090, AND 100.
REMARKS:
The attached letters (Attachment 10) were received after completion of the staff report.
Attachments previously received with April 5, 2016 Staff Report:
1. Approved Story Pole Exception
2. Story Poles Not Installed
3. Letter from the applicant with the story pole exception modification request
Attachment previously received with April 5, 2016 Addendum Report:
4. Public Comments received by 11:00 a.m., Monday, April 4, 2016
Attachments previously received with April 5, 2016 Desk Item Report:
5. Public Comments received between 11:01 a.m., Monday, April 4, 2016, and 11:00 a.m.
Tuesday, April 5, 2016
6. Story Pole conflict points, received April 5, 2016 (five pages)
Attachments received with April 19, 2016 Staff Report:
7. Exhibits provided by applicant at April 5, 2016 Town Council Meeting
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN AREA PHASE 1 – STORY POLE EXCEPTION
MODIFICATION
APRIL 19, 2016
8. Public Comments received between 11:01 a.m., Tuesday, April 5, 2016, and 11:00 a.m.
Thursday, April 14, 2016
9. Letter from the applicant with updated story pole modification information, received April
13, 2016 (five pages)
Attachment received with this Addendum Report:
10. Public Comments received between 11:01 a.m., Thursday, April 14, 2016, and 11:00 a.m.
Friday, April 15, 2016
Distribution:
Grosvenor Americas, Don Capobres, 1 California Street, Suite 2500, San Francisco, CA 94111
Summerhill Homes, Wendi Baker, 3000 Executive Parkway, Suite 450, San Ramon, CA 94583
Marni Moseley
From: Elke Billingsley <elke.billingsley@gmail.com>
Sent: Thursday, April 14, 2016 11:17 AM
To: Marni Moseley; Council
Subject: against North 40 as proposed
To Whom it May Concern:
I realize this development has been discussed for many years now. 1 am opposed to the plan as currently
proposed, for the following reasons:
* Total residences is too much for the location, due to traffic issues on Lark, Los Gatos Blvd. and freeway
access to Hwys. 17 and 85.
* Why are all businesses zoned for the San Jose portion of the property? All tax revenue generated would then
go to San Jose, rather than Los Gatos.
* Why are the residences all zoned for Los Gatos? Students would then be automatically zoned to attend Los
Gatos schools. We are at capacity already, except for Lexington. Sending students to that site from North 40
would create even heavier traffic during commute times.
* Why are there exceptions being made to the story poles? Isn't the point of the poles to show residents how a
future property will look? If installing those poles is too disruptive, imagine what actual additional buildings,
cars and people will look like in the area?
Please consider the impact this will to the future of not only Los Gatos but Campbell and San Jose as well.
Sincerely,
Elke Billingsley
ATTACHMENT 1 0
i
Marni Moseley
From: Carleen <carleen_schomberg@comcast.net>
Sent: Thursday, April 14, 2016 12:24 PM
To: Marni Moseley
Subject: North 40 story poles, etc.
To All Concerned,
I emailed some of my concerns with the North 40 project previously. Having read more and talked to neighbors and a
town council member, I wanted to express my feelings and those of many of my friends and neighbors on a few (but not
all) concerns.
First, I believe the town should not make any decisions until all the story poles are up and can be viewed in their
entirety. Also, I understand that the property will be developed in some way. However, I think that development
should have the least possible visibility. That would mean lowering building heights, possibly by putting some parts of
structures below ground; moving the tallest buildings to the lowest parts of the property and well set back from the
edges of the property. I hope every method of accomplishing this will be explored in order to protect hillside views and
keep a large border of green space around the perimeter so that, when we are walking or driving by, we don't feel as
though we are "hemmed in".
Additionally, I don't believe the traffic study was adequate unless it was conducted while all the weekend beach traffic
was detouring through town and down L.G. Blvd. to avoid the congestion on the freeway.
I understand that we have a requirement to provide a number of homes that are low income and senior affordable. I
think that is important. I also think those homes can be low profile, cottage type homes scattered around several sites.
Thank you for considering the feelings of the neighbors most impacted by the impending development.
Carleen Schomberg
Marni Moseley
From: Bill O. Gallmeister <bgallmeister@yahoo.com>
Sent: Thursday, April 14, 2016 12:34 PM
To: BSpector; Marico Sayoc; Steven Leonardis; Marcia Jensen; Rob Rennie
Cc: Marni Moseley; Laurel Prevetti; Robert Schultz
Subject: Please require that ALL story poles for North 40 proposal be erected, No exceptions!
We are hearing that the Developer behind the North 40 project is requesting exceptions to the story
pole rule which are beyond what any normal development would be permitted. Given the
controversial nature of this development, it behooves the town government to proceed in a
transparent manner that reflects the needs and desires of your constituency (the people), rather than
the developers. Accordingly, we demand that ALL the story poles be installed, especially on the most
visible and highly trafficked Los Gatos Boulevard. As residents we are not granted exceptions, thus
for the LARGEST DEVELOPMENT OUR TOWN MIGHT EVER CONSIDER, no exceptions should be
allowed.
Respectfully,
- Bill Gallmeister
16210 Lilac Ln
Los Gatos, CA
1
Marni Moseley
From: Amy White Hockenbrock <amywhite@gmail,com>
Sent: Thursday, April 14, 2016 4:25 PM
To: BSpector; Marico Sayoc; Steven Leonardis; Marcia Jensen; Rob Rennie; Marni Moseley;
Robert Schultz
Subject: Story Poles for North 40
I urge you to please have the developer put up all the story poles for the proposed project on the North 40. It
makes a difference to see the full scope of the project.
Thank you for your time and for all of your effort.
Amy
Amy White Hockenbrock
ainywhite(a.)gmnail.com
i
Marni Moseley
From: James Lyon <jim@lyonfamily.ty>
Sent: Thursday, April 14, 2016 4:37 PM
To: BSpector; Marico Sayoc; Steven Leonardis; Marcia Jensen; Rob Rennie
Cc: Marni Moseley; Laurel Prevetti; Robert Schultz; Kathy Romero; Mimi Lyon
Subject: North 40 - One exception after another
Town Council Members,
As a former Planning Commissioner and Commission Chair, I am appalled by the development proposed on the North 40. The
developer, Grosvenor, continues to seek exception after exception to mask that fact that this development is NOT FIT for the
Town of Los Gatos.
The Town has already granted the developer a first story pole exception —this is one more than a tax -paying property -owning
town resident would receive. Now they want another. Please deny their request and direct the developer to follow the town
standards — starting with the planning and community awareness policies.
The Town's story pole policy states (IID) "At least 2 foot wide orange woven plastic snow fencing must be erected to represent
the rooflines of the proposed structures", The current exception request is for one of the most visible and crucial areas, along
Los Gatos Boulevard - it is critical that town residence see this portion of the project. The applicant has NOT adequately
provided "...digital imagery simulations, computer modeling, built to scale models & other visual techniques" (Policy IIG).
Further, the Town's story pole policy states (IIA) "The height poles & netting shall be installed prior to the public noticing of
the matter and shall be kept in place until the project has been acted upon & the appeal period has ended." The Council
granted this exception — but with the request to for another exception, this decision should be revisited and
overturned. Town residence need to know truly what is being proposed — and be able to visualize it.
It is up to you, the Town Council, as stewards of the Town, to ensure that town character is not lost. Developers such as
Grosvenor do not care about the long term livability of Los Gatos — they only care about making money. If Grosvenor had
their way, Los Gatos would look like Sunnyvale. It is time to end this and have the North 40 developed in a way that is
compliant to the Town General Plan, North 40 Specific Plan and all town policies. As the project moves forward through the
process, If the project is not compliant to every and all Town documents, do not send the applicant back to staff and give
guidance — this just allows the developer to wear down the Town staff. Send a clear message that this level of development
will not be tolerated in the Town of Los Gatos. No more exceptions!
James Lyon
239 Johnson Ave
1
Marni Moseley
From: Carolyn Culotta <cculotta@hotmail.com>
Sent: Thursday, April 14, 2016 6:11 PM
To: Marni Moseley
Subject: 15001 Los Gatos Blvd tenant concerns
To Whom It May Concern,
The construction pertaining to the project at the North 40 has had several impacts on us as tenants at 15001
Los Gatos Blvd. The flagging which is located right outside our bedroom window creates so much noise that
we have an extremely difficult time sleeping at night. Even turning on our ceiling fan in an attempt to drown
out the noise does not work. The noise is also disruptive during the day hours when we are home trying to
relax on the porch, in the yard, or even having our front door open for some fresh air. The story poles being
placed on our plot of land are concerning because they are held together by duct tape and look unsafe
regarding our vehicles and home. The several pole markers that are scattered around our property also create
an obstacle. We are also very worried about any work being done that may damage the roof.
Thank you for taking these concerns into consideration.
Tyson Borom & Carolyn Culotta
i
On Apr 14, 2016, at 6:33 PM, Deborra Walkup <deborra.walkup mail.com> wrote:
H i,
I am a Los Gatos resident. I have been made aware that the north 40 does not have all the story poles
erected. I am asking that the people who want to develop this land adhere to the same rules as
homeowners and erect story poles that cover the entire proposed area, so that everyone knows how
much land will be affected if this plan is approved. I would also like to state that I am against the
development of the north 40. I live near the 17/9 intersection and the traffic is so bad I can barely get
out of my neighborhood during busy parts of the day. Developing this much land will bring too many
people to our small town. We do not have the roads in place to support it.
Thank you,
Deborra Walkup
Marni Moseley
From: Martha <mwkirsten@gmail.com>
Sent: Friday, April 15, 2016 9:13 AM
To: Marni Moseley; Laurel Prevetti; Steven Leonardis; Marcia Jensen; Rob Rennie; Robert
Schultz
Subject: North 40 - concerned Los Gatos resident
From: BlossomManor@yahoogroups.com [mailto:BlossomManor@yahoogroups.com]
Sent: Friday, April 15, 2016 12:43 AM
To: BlossomManor@yahoogroups.com
Subject: [BlossomManor] Digest Number 2236
Blossom Manor Neighborhood Community Group
1 Message
Digest #2236
1
Fwd: North 40 & Shannon Road Development by "Teri Christ" teraaah
Message
1
Fwd: North 40 & Shannon Road Development
Thu Apr 14, 2016 9:38 am (PDT) . Posted by:
"Teri Christ" teraaah
Hi,
am writing to express my complete dismay on what is happening with the North 40, and the apparent lack of care
and concern by the town council for our wonderful town of Los Gatos.
I drive by the North 40 daily and see the story poles, but have heard that the developer does not want to install ALL
of them. How will we/YOU know how close to LG Blvd the development will be? What is the REAL
impact/footprint? The Developer MUST put up all the story poles to show the true size of the development.
What are your plans/solutions for the increased amount of traffic this Huge development will cause? What are your
plans for Fisher and the High School being able to accommodate the increased amount of students??
1
Please take a drive yourself NOW on Hwy 17 southbound and take the Lark exit between 5:30 and 6:OOPM and
experience the crazy amount of "new" traffic from all of the NetFLix employees who are trying to access Hwy 17
northbound from Lark Ave.
The traffic from the 2 left hand turn lanes entering NB 17 backs up into the 2 lanes on Lark Ave. that go to LG
Blvd. This causes the traffic exiting the Freeway (SB from Hwy17) to not be able to move onto Lark. Thus, the
traffic runs back ON THE FWY to the ramp from Hwy85 to Hwy 17 SB.
I can see the Traffic being stopped back even further on Hwy 17 to the exit of 85. Maybe to San Tomas.
An easy short term solution is to reprogram the signal so that the turn signal runs more frequently.... and this
wouldn't disrupt the traffic on Lark running from LG Blvd. to Winchester as there is no traffic here at this time of day
in this direction. I'm not sure why this hasn't been done yet.
But back to the North 40. Add another 200 cars to the mix with the new housing going in and it's a recipe for
disaster.
Please, DON"T RUIN LOS GATOS! Stand up for our town and the residents. You are supposed to be
representing us and standing guard for the future of the town. You are Not to be only looking for ways to get state
incentives tax breaks etc.
The outcome of this development (and the others....Shannon/LG Blvd. and I'm sure more to come) is on your
shoulders.
I hope you make the right decisions. You'll have to deal with your own conscience...
BE PRO LOS GATOS!
BE PROUD OF LOS GATOS!
DON"T RUIN LOS GATOS!
Sincerely,
Martha Kirsten
> Begin forwarded message:
> From: Amy Despars <amydespars@hotmail.com>
> Subject: North 40 & Shannon Road Development
> Date: April 13, 2016 at 10:24:47 PM PDT
> To: Amy Despars <amydespars@hotmail.com>
2
• These are NOT all of the story poles required for the North 40.........even though you see a SEA OF ORANGE;
THIS IS NOT ALL OF THE PLANS OR EVEN HALF!
»
>
» If you think this looks bad its NOT the whole story? The developer for the proposed North 40 plan is asking
for ANOTHER exception to the Town's Story Pole rule and to not install the poles and netting along Los Gatos
Boulevard and some of the interior. Please e-mail today & attend meeting next Tuesday April 19th* see below
» ****attached is a flyer if you have the time to give to neighbors & friends not on your e-mail list or social media
such as Town not City & Next Door..
»
» (in addition, the mini North 40 at the corner of Shannon Rd & LG Blvd will also be heard next Tuesday...........)
»
» We need you to write the Town Council today. Please plan on attending the Council Meeting in 1 week on
Tuesday April 19th at 7pm. Please wear orange or anything representative of our Town so that Council can identify
the huge number of opponents to this request. We will not be permitted to speak on this matter, however your
attendance is powerful and there are other relevant matters.
» IT IS URGENT THAT WE PASS THIS INFORMATION ALONG VIA E-MAIL, FLYERS (SEE ATTACHED) OR
SOCIAL MEDIA. We need to let the Council members know today by e-mail that we demand that ALL the story
poles be installed, especially on the most visible and highly trafficked Los Gatos Boulevard and that as residents
we are not granted exceptions, thus for the LARGEST DEVELOPMENT OUR TOWN MIGHT EVER CONSIDER,
no exceptions should be allowed.
»
» Mayor Spector & council;
» bspector@losgatosca.gov <mailto:bspector@losgatosca.gov>;msayoc@losgatosca.gov
<mailto:msayoc@losgatosca.gov>;sleonardis@losgatosca.gov
<mailto:sleonardis@losgatosca.gov>;mjensen@Iosgatosca.gov
<mailto:mjensen@losgatosca.gov>;rrennie@losgatosca.gov <mailto:rrennie@losgatosca.gov>
» feel free to copy the planner, town manager & town attorney as well;
» mmoseley@losgatosca.gov <mailto:mmoseley@losgatosca.gov> (planner) Iprevetti@losgatosca.gov
<mailto:Iprevetti@Iosgatosca.gov> (town manaer); RSchuitz@losgatosca.gov <mailto:RSchultz@Iosgatosca.gov>)
(town attorney)
»
»
»
» ***some points to consider
» 1. Grosvenor (the developer) has already received 1 story pole exception in February -which is 1 more than as
residents we would be granted.
» a. Part of that exception was to place flags instead of netting in some areas and we would like to have that
amended. The orange netting is the only way to get a true picture of the proposed development, many of the "'flags"
currently installed are not visible and an exception was also granted as to how long they remain in place (see #2 &
#6 below)
» 2. The Town's story pole policy states (IID) "At least 2 foot wide orange woven plastic snow fencing must be
erected to represent the rooflines of the proposed structures"
» 3. The current exception request if for one of the most visible and crucial areas, along Los Gatos Boulevard -it is
critical that we see this portion of the project
» 4. The Town's story pole policy states (II C) "At a minimum, story poles shall be placed at all outside building
3
corners of the building wall"
» 5. The Town's story pole policy states (IIG) "If an exception is granted, the applicant shall provide digital
imagery simulations, computer modeling, built to scale models & other visual techniques"
» a. None of these have been provided, except the model on display in the Town Chambers, which doesn't show
existing commercial on LG Boulevard, nor are the trees to scale, nor is it visible to thousands of residents
» 6. The Town's story pole policy states (IIA) " The height polies & netting shall be installed prior to the public
noticing of the matter and shall be kept in place until the project has been acted upon & the appeal period has
ended.
» a. Unfortunately the council granted an exception to this and allowed the poles to remain for 4 weeks following
the date when required public notices are sent.
» b. Please ask that the 4 week exception either be revisited or that it be from each modification for the subjects
story pole plan or application.
» Thank you so much
» See you next Tuesday night at 7 in orange!
» **Please note that the proposed project at the Corner of Los Gatos Boulevard and Shannon Road ("il vicinato")
is also on the agenda and despite having his application denied by the Planning Commission that developer is
asking the TC to approve all 11 homes again. Please speak on this mini North 40 aka the Shannon 11!!!
» PLEASE READ THE LOS GATOS WEEKLY APRIL 8 PAGE 14....ROMER MAYOR WEIGHS IN ON NORTH
40 PLAN. VERY TELLING!
>
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4
From: Angelia Doerner [maiito:saveourhood@yahoo.com]
Sent: Friday, April 15, 2016 9:51 AM
To: Council; BSpector; Marico Sayoc; Marcia Jensen; Steven Leonardis; Rob Rennie
Cc: Laurel Prevetti; Planning
Subject: North 40 Story Poles
Obviously I meant "Cart Before the Horse"....
Angelia Doerner
Live Simply, Laugh Often