Attachment 14Jennifer Armer
From: Preston Rutherford <prestonr2@gmail.com>
'Sent: Monday, February 19, 2018 2:47 PM
To: Arn Andrews; BSpector; Joel Paulson; Town Manager; Marcia Jensen; Marico Sayoc; Rob
Rennie; Steven Leonardis
Cc: voiceheard@401albertoway.com
Subject: I support 401 Alberto.
Hi there, my name is Preston Rutherford and I'm 32 years old.
My wife and I just bought our home on Fillmer Avenue late last year. We also just had her first baby three months ago.
I just found out about this project, and the Town needs it.
As a representative of the next generation of the town of Los Gatos, we need to embrace improvements to our town
that will allow Los Gatos to continue to be the wonderful place it is today. Unfortunately, especially when scanning
NextDoor posts, I often feel a pervasive level of complacency and nay -saying here that is in conflict with what not only
created this town, but in conflict with what created a lot of the wealth that has allowed this town to become what it is
today. This double standard will put our town in jeopardy over the long term.
My specific circumstances somewhat relate to this project. I commute 3 hours a day to my job in SF. Ideally, I'd have a
job in Los Gatos. But if it's too difficult to locate companies (and therefore jobs) in our town, many of us have to
commute. Unfortunately, we commuters end up contributing to the traffic issues many residents of Los Gatos complain
about. if there were more jobs on Alberto and around our Town, more of us 'commuters' would be walking or biking to
work. More walkers and bikers would remove cars from the roads and therefore reduce traffic.
Of course we do not want to support ignorant over -development. With 3 redesigns and compliance with all relevant
guidelines (according to my understanding), this project is not the kind of development we want to fight.
I am not saying there will not be drawbacks. Every project includes drawbacks. The presence of drawbacks should not
stall a project when the drawbacks pale in comparison to the positives.
As a corollary, the commercial vacancies on Main St. / Santa Cruz Ave, in my opinion, is a microcosm what can happen
when we continue to say "no" to opportunity, or make it too difficult to invest capital in our Town. As a resident, the
quality of my 'downtown Los Gatos' experience is negatively impacted with the vacancies. I'm driven to consider
spending more time (and money) in other downtowns with my limited leisure time. I doubt I'm the only LG resident who
feels this way.
In sum, I suggest we embrace improvement and change.
Let's find a balance where we can still move forward while preserving what we love about Los Gatos. Let's get creative
with addressing the drawbacks, rather than running from them. If we are able to take the perspective of "let's find a way
to make this work", rather than "there's no way this will work", our town will be able to continue to thrive. If we take
the latter approach, I fear for our future.
Thank you,
Preston Rutherford
ATTACHMENT 14
Jennifer Armer
From: Lynda Sayre <lyndasayre@gmail.com>
Sent: Sunday, March 04, 2018 5:49 PM
To: Jennifer Armer
Subject: Alberto Way office bldg.
Dear Los Gatos Town Council,
I urge you to accept the recommendations of your Planning Commission and reject the current proposal for a huge
office building on Alberto Way. The size of this building is completely incompatible with the residential flavor of the
neighborhood, blocks views and will cause even more traffic. I often visit Los Gatos to see friends, do a little shopping
and have dinner in one of the fine restaurants. Even though Los Gatos has grown considerably in the last 20 years, it still
retains it's small town charm. Please do not destroy this.
Sincerely,
Lynda Sayre
Carmel, CA
Jennifer Armer
From: Joanne <jojohnson7@aol.com>
Sent: Monday, March 05, 2018 3:15 PM
To: Jennifer Armer
Subject: Highway 9 and Alberto Way
Dear Town Council:
I am no longer a resident of Los Gatos, after having lived there for most of my adult life. But I still
have many friends there, many of whom are concerned about the negative impact of a proposed
building project at Alberto Way and Highway 9. I must agree that the traffic impact alone of such a
project would have far reaching negative consequences for the commuters, for the neighborhoods
and for those of us coming and going through town or along Highway 17.
I understand that the Planning Commission has already denied the proposal for this building. I would
urge you to follow their guidance and do likewise. Your decision will have a long lasting affect on not
just local residents, but on folks like me who still love the beauty of Los Gatos and its small-town look
and feel.
With Warm Regards,
Joanne Johnson
Aptos, CA
Jennifer Armer
From: Jean Barrick <jazzyjean@comcast.net>
Sent: Tuesday, March 06, 2018 3:31 PM
To: Jennifer Armer
Subject: Development at #9 and Alberto Way
As a resident of The Los Gatos Meadows, I am concerned about the large commercial building proposed for Highway #9
& Albeto Way.
We already have virtual gridlock on weekends at #17 and Santa Cruz Ave.
Many of us are concerned with access for our use and even more for EMR vehicles.
I urge you to oppose this large project.
Thanks for your consideration
Jean T. Barrick, The Meadows, 110 Wood Rd.
Jennifer Armer
From: Gerald Hamilton <ghamilton29@gmail.com>
Sent: Wednesday, March 07, 2018 1:35 PM
To: Mayor Rob Rennie; Steven Leonardis; Marcia Jensen; BSpector; Marico Sayoc
Cc: Jennifer Armer
Subject: 401-409 Alberto Way. Los Gatos, CA
Attachments: GEH LtrToLGCouncil3.7.18.pdf
Please open and read the attached letter from my wife a me regarding the Appeal of your planning director's unanimous
vote to DENY the Application of LP Acquisitions to construct a 74,260 square foot office building on the above site, being
the northwesterly corner of Alberto Way and Hwy 9.
Respectfully submitted.
Gerald E. Hamilton
451 Alberto Way, D153
Los Gatos, CA 95032
GERALD E. and SONDRA T. HAMILTON
451 ALBERTO WAY D153
LOS GATOS, CA 95032
March 7, 2018
Rob Rennie, Mayor
Steve Leonardis, Vice Mayor
Marcia Jensen, Council Member
Marico Sayoc Council
Barbara Spector, Council Member
LOS GATOS TOWN COUNCIL
110 E. MAIN STREET
LOS GATOS, CA 95030
Re: 401-409 ALBERTO WAY
Dear Mayor Rennie, Vice -Mayor Leonardis and Council Members Jensen, Sayoc &
Spector:
For the record again, my wife and I are property owners and occupants of unit
D153 within the "Los Gatos Commons" Senior Citizen community at 439-447
Alberto Way.
We previously called to your attention the many letters from our co -owners, as
there are 110 individual and relatively SAFE condominiums in just OUR project!
Please note also Los Gatos Commons has its own on -site parking for
approximately 152 vehicles, a ratio unmatched by any or all of the other
developments on Alberto Way!
Traffic is and must be a MAJOR concern to the Council, as it is to all owners on
this very narrow street!!! There has been absolutely NO PROFESSIONAL
STUDIES that we have read in the Town's files for this proposed project that
adequately evaluates the current DAILY TRAFFIC on Alberto Way from the hours
of 7:00 AM to 6:00 PM! A Harvard Graduate Degree is NOT required to readily
determine that our NARROW, barely two-lane, "ALBERTO WAY" already HAS
extreme traffic and when ANY of the REGULAR delivery, repair and/or emergency
vehicles arrive on this one and only almost PURELY RESIDENTIAL avenue and
park (sometimes Double -Park) on this narrow residential street, it is
DANGEROUSLY congested! To leave a U-turn is required and is dangerous!
Letter to the Mayor and Town Council Members
RE: 401-409 Alberto Way Proposed Office Project
March 7, 2018
Page Two
It is UNIMAGINABLE how you five elected representatives and residents of Los
Gatos could possibly endure such traffic conditions where YOUR homes are
located that would be even COMPARABLE to that which LP Acquisitions, LLP
propose to create on Alberto Way, a dead end street! An additional 300+ vehicles
into and out of its proposed office buildings????? Again I say,
UNIMAGINABLE!!!!
It is perfectly clear, there is still basically only two parties supporting and
imminently involved in the project, LP Acquisitions, LLP, the applicant, and the
now FORMER owner of the property, CWA Realty! Since CWA Realty acquired the
property in 1986, it allowed considerably building decay and ALL former tenants
to vacate!
Now CWA REALTY has concluded its sale of the property to LP Acquisitions, LP
and received, on or about November 01, 2017, millions of dollars for it. THAT is
the real motivating factor for three of the former owners, R. Gregg Carse, Pat
Lynch and Dennis Schrader, to individually write and mail letters in support of the
proposed project! There is absolutely NO OBJECTIVITY in their letters, only a way
to say "thank you" to LP Acquisitions, LLP!
One of the former owners of CWA Realty, Pat Lynch, even had the audacity to
specifically state in HIS letter, "most of the congestion on Alberto Way HAS
NOTHING TO DO WITH THIS SITE"! EXCUSE ME --- but how naive and ridiculous
is that statement? His site has been 100% vacant; is 100% FENCED prohibiting
ANY VEHICLES from using it; and traffic is STILL ABOMINABLE! Just imagine the
impact of 300 +1- vehicles entering and exiting the proposed garage, morning,
noon and night, and the traffic nightmare resulting!
Another of the supporters, Scott Eschen of Seacoast Partners, US, possibly a
partner of LP Acquisitions, or other entities thereof, so HIS support is prejudicial
and lacks objectivity. HE even includes in his remarks his beliefs that the
residents on Alberto Way are nothing more than "squeaky wheel N1MBYs" (not in
my backyards), not even recognizing us as concerned citizens and property
owners who have documented thoroughly our basis for objection to the currently
proposed sized building and it parking needs.
Then there is a letter from Donald M. Eaton, President, Argus Financial. It is
believed that this person and his company have had prior business transactions
with LP Acquisitions, LLC and quite obviously hopes to finance the proposed
building on Alberto Way or other projects of this developer. He too has little or no
objectivity or fairness in his basis for support of the project as proposed and his
letter too lacks objectivity and knowledge of its impact on this residential street.
Letter to the Mayor and Town Council Members
RE: 401-409 Alberto Way Proposed Office Project
March 7, 2018
Page Three
Oh yes and finally, once again the Appellants primary consultant, Buchalter,
again states "any Class "A" office project smaller than 74,260 square feet would
be "INFEASIBLE"! Economic aspects of a project is subjective and NOT should
not be factor to a municipality when considering zoning, granting permits and
other approvals.
My wife and I respectfully request that the Town Council finally, after two or more
years, concur with your Planning Department's unanimous and SECOND denial
of the proposed development of LP Acquisitions, LLP and deny its appeal for
without further consideration
We thank you again for considering all of the opposition to this project, as
proposed, including again, this personal letter of ours.
Cc: Jennifer Armer
Associate Planner, Town of Los Gatos
(JArmer c@losgatos.gov)
Jennifer Armer
From: Mary Jean Gravkin <mjgravkin@gmail.com>
Sent: Friday, March 09, 2018 2:38 PM
To: Jennifer Armer
Subject: y project
Please keep from adding to the traffic congestion at Highway 9 and Alberto Way by denying the developers appeal to
the City,
Jennifer Armer
From: Lindsay Catterton [mailto:Icatte5850@aol.com]
Sent: Saturday, March 10, 2018 7:51 PM
To: Jennifer Armer <JArmer@losgatosca.gov>
Subject: Alberto Way
Why should we trust anyone who had let the neighborhood live with this mess for two years? He doesn't care about us
just his pocketbook!!
Lindsay Catterton
439 Alberto Way
Sent from my iPhone
Jennifer Armer
From: Sally Paolini <sallypao@aoLcom>
Sent: Monday, March 12, 2018 12:26 PM
To: Jennifer Armer
Subject: 405 Alberto Way
Dear Jennifer,
I have been in Los Gatos since 1947. I've raised my children here and am happy that
my grandchildren are being raised here. I have watched the growth of Los Gatos over the
years and some of the decisions from the town have been good and some not so
good. I still like living here. Il feel safe and grateful that I live here. However, I do feel that
the proposal for the Alberto Way property will not enhance the town in any way. This type
of development would do much better in the area of the North Forty, away from the
congestion of Highway 9 and Los Gatos Boulevard. I live on Vista del Campo and have
had to endure the summer weekend traffic and I don't look forward to having this same
problem during the week. I hope that the town will consider a plan that will complement
the Alberto Way area instead of ruining it.
Thank you for your consideration in this matter.
Sally Paolini
125 Vista del Campo
Los Gatos
408 356 3311
Jennifer Armer
From: Joan K Larson <joanklarson@aol.com>
Sent: Monday, March 12, 2018 2:42 PM
To: Jennifer Armer
Subject: 401-409 Alberto Way
To the Town Council and Planning Commission,
Many thanks to the Planning Commission for their unanimous decision to deny the 401-409 Alberto Way developers
designed project.
With Alberto Way being a narrow dead end road the traffic and emergency vehicles getting through at times would be a
forever problem.
The particular design submitted of the building would be a loss of a lovely view. The exercise our senior group enjoys
while walking would be less without the view. The size of the proposed building is just too big.
There is also plans for improvements for Highway 17 and Highway 9 interchange and adding an auxiliary lane on
Highway 17. Since this 401-409 proposed building is toward the back of the property it may be too close to the area
needed to widen the highway road and the entrance.
Perhaps it would be a good idea to find out what the plan and design to widen Highway 17 are before anything is
developed on the lot at 401-409 Alberto Way. Certainly something to consider.
Thank you.
Joan Larson. 441 Alberto Way
Sent from my iPhone
March 9, 2018 MAR 13 204
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On behalf of the Boards of Directors of the HOAs from Pueblo de Los Gatos (53 homes), Las
Casitas (17 homes), The Los Gatos Commons (110 homes), and Bella Vista Villages (47 homes)
we submit this response to LP Acquisitions's appeal application challenging the Alberto Way
decision of the Planning Commission on 2/14/2018.
Dear Council Members,
We support the Planning Commission's 2/14/2018 decision to deny the Third Redesign of the
Alberto Way project. We dispute the developer's claim that the Commission abused its
discretion by ignoring direction from the Town Council and by failing to provide findings and
substantial evidence.
The developer argues that the Planning Commission disregarded the Town Council direction to
reduce the size of the building to 74,260 square feet and that they improperly dealt with the
405 Alberto Way project "de novo." In point of fact, the council unanimously passed a motion
that provided no direction on size.1 Also both Attorney Schultz and Mr. Paulson confirmed to
the Commission that they could deal with the case de novo.2
The developer also misrepresents the Planning Commission's motion on 1/10/18, which
requested the developer to preserve views on the north side of the site by EITHER a redesign
that included single story construction OR by increasing the setback from the north property
Iine.3 The Commission did not instruct the developer to redesign the building to 74,260
square feet. Ultimately, the developer rejected the two story/one story configuration
altogether and made no effort whatsoever to increase the setback. Furthermore, the 74,260
square foot design obstructs more than half of the view corridor on the north side of the site.
The developer's second reason for maintaining that the Planning Commission abused its
discretion is that their denial is not based on CUP Findings and the Findings are not based on
substantial evidence. In fact, the Commission put into the record the project's inconsistencies
"Under our code section that the Council did receive additional information and that it was information that the
Planning Commission did not have the opportunity to consider so we remand this application back to the Planning
Commission so that they can consider all the information available." (1.52.10) Barbara Spector, Town Council
Hearing, 10/3/17. Seconded by Leonard's.
2 Planning Commission hearing 1/10/2018-32:30. They also confirmed that the Commission did not have to
consider certifying the EIR if they were going to deny approval of the Architectural Site and CUP applications.
3 The motion by Commissioner Janoff: continue the request with guidance to reduce elements of the building to
accomplish two plus one story to maximize the views for the neighbors on the northwest, and if by doing that
74,260 sq. ft. would be possible, fine. Otherwise, the size might be in the 60,000s (1:06:27). C. Burch seconded the
motion. Then C. Hudes made an amendment to offer an option of protecting the views with a setback on the
north (and he also wanted to add that the developer should consult the neighbors about the dog park). C. Janoff
consented to the amendment and so did C. Burch, The amended motion passed 4 to 2. (1:31:17, 1:42:52),
1
with the General Plan, which was the basis for their findings to deny the CUP application.
There is substantial evidence to support these findings in letters from citizens and in the
proceedings from the several hearings on this project: expert opinion, as well as citizen
testimony based on facts, reasonable assumptions premised on facts, and first hand
observations based on specific knowledge of the Project size and its surroundings. See End
Notes 1
The Commission's findings as to inconsistencies with General Plan policies focus on the extent
to which the proposed project preserves the existing views, blends with the residential
neighborhood, exhibits the small town character of Los Gatos, does not impede emergency
response, and contributes to traffic problems.
Preserve the Views? Four policies are cited that call for the protection and preservation of
viewsheds, scenic resources, and ridgelines (Community Design 16.1, 16.2, 16.3, and 17.3). As
substantial evidence that the project did not comply with these policies, the Commission drew
on photographs submitted by citizens that showed the pre -project views of the mountains from
the south side, center, and north side of the site and photographs that showed the post -project
(with story poles) obstruction of views (Letter from Commons, 12/14/17) and public comment
during the hearing on 12/13/17 (Fowler pp. 44-45). Another citizen made a reasonable
assumption based on facts: "In the evening, after you finally leave the ... commercial buildings
in San Jose or in Cupertino you want to come home and be able to sit back and relax on your
porch, on your balcony, and see the sun set. You want to take a look at the mountains. You
want to be able to reflect on that, and that's part of lifestyle. You can't replace that with
putting a building in there. If this proposed development goes through, all of that is gone.
That's lost, for all of us. We've lost that" (Dunn, Transcript 5/10/17, p. 53). Additional evidence
is cited in End Notes 2.
Blend with the Scale and Rhythm of the Neighborhood? Land Use and Community Design
policies were cited that call for commercial development that preserves and enhances the
existing character and sense of place in residential neighborhoods and that directs building
elements to be in proportion with those traditionally in the neighborhood (LU 6.2, 6.4, 7.3; CD
1.1, 1.2, 1.4). As substantial evidence that the proposed project was inconsistent with these
policies, the Commission drew on comments by an expert, architect Larry Cannon: The project
reads "as one large office building without a breakdown in scale related to the neighborhood or
the Los Gatos existing small town scale" (3/17/17).4 Also a photograph was submitted that
showed how oversized the proposed building would be compared to the other commercial and
residential structures on the street, and the photograph also contained the comparative square
4 Cannon did not approve the new design but, rather, left the decision to the Commission as to whether there was
a significant size reduction (to 83,000 sq. ft.). The Commission did not approve the redesigned project.
2
footage of the structures, which documented how much larger in scale the proposed building
would be compared to the other structures (Fowler, Transcript 12/13/17, pp. 43-44).
Aside from these facts, another citizen commented from first hand observation, "The buildings
in the neighborhood are all small with meandering grass areas throughout the complexes that
not only break up the buildings, but also provide a lovely openness to the complexes. The old
buildings are small in density and height. This new building will be one much larger structure in
height and size. Separating this into a few smaller buildings will be more consistent and fitting
for a residential neighborhood" (Liebthal, Transcript 5/10/2017,p.78). The Commission drew
on a letter also giving first hand observation based on knowledge of the Project size and its
surroundings: "The proposed oversize development at 74,000 sq. ft. to replace a 31,000 sq. ft.
existing commercial building would be the prominent feature of the neighborhood instead of
blending in, and would give the appearance of existing residences being hemmed in by the
commercial activity. This would be such a significant change to the character of the
neighborhood .... "(Lane, 2/4/2018). Additional evidence is cited in End Notes 3.
Commercial Development Shall Be in Keeping with the Small Town Character of Los Gatos?
Land Use policy 1.8 was cited. As substantial evidence that the proposed project did not
comply with this policy, the Commission drew on architect Larry Cannon's letter which pointed
out that the proposed building did not comply with Commercial Design Guidelines 1.4: the
proposed building reads "as one large office building without a breakdown in scale related to
the neighborhood or the Los Gatos existing small town scale" and it did not have the "careful
attention to architectural ... detail similar to the Town's residential architecture." The
Commission learned that the square footage of the proposed building and the site where it
would be built contrasted with other office buildings in Los Gatos south of Lark, the largest of
which was at 750 University. Here is a first hand observation: "A reasonable person simply
needs to experience the difference between Alberto Way and any other street that houses a
building similar to the proposed building. For example, look at 750 University. This is a two
story building of less than 70,000 sq. ft. with a similar number of vehicles. This section of
University is a thoroughfare with two lanes plus a middle tuning lane, a very wide street of
commercial establishments as well as residential apartments. There is no comparison. Alberto
Way is a dead end street —one way in and one way out. It is narrow with barely enough street
room for two lanes "(McDonald, 1/26/2018).
The Commission drew on other first hand observations: "When I moved to Los Gatos, I was
drawn to the unique character and overall ambiance of this charming town. The commercial
buildings in and around downtown Los Gatos have rarely struck me as commercial structures as
so many blend with the overall scale and quiet architecture of the town .... I feel that this new
proposed building does not follow the intent of the Town design guidelines and General Plan
3
regarding aesthetics" (Leibthal, Transcript 5/10/17, p. 77-78). And, "I actually grew up in Los
Gatos back in the 60s so I've seen changes over the decades to a wonderful little town ....
have been pleased that the growth and changes over the years have been kept in check as to
not get too out of line and detract or destroy the "small town" atmosphere that has made Los
Gatos such a great little town. !can see why the town might be interested in a project such as
the Alberto Way commercial building for the future revenue ..., but it simply does not belong in
that location .... I just think the new Alberto Way Hwy 9 office building is more suited to an
area like Winchester Blvd. and Lark, areas where there are already a bunch of office buildings.
Shouldn't the planners be encouraging workplace development closer to public transit?"
(Millier, 11/30/17). Additional evidence appears in End Note 4
New developments shall not impede the ability of service providers to provide adequate
emergency service? SAF 7.4 and LU6.4 were cited. The Commission drew on substantial
evidence to support this finding, including public testimony of a citizen reporting on the
frequency of emergency and medical assistance going to The Commons, a senior residence; an
expert was consulted: "The Los Gatos Commons Condos receive an average of 7.75 calls and
responses per month. This statistic is based on the last two years of recorded calls and was
provided by Kendra Randolph in Operations at the Santa Clara County Fire Department.
Extensive delays and gridlock at the intersection of Alberto Way and Los Gatos —Saratoga Road
will make it difficult for residents to get to medical appointments on time and result in missed
monitoring of medical issues" (Riney, Transcript 8/10/2016, pp. 67-68). In her letter, a resident
of The Commons discussed how important timely emergency service is: "1 want to tell what
happened to me so you can understand why I am so frightened of this new Development at 405
Alberto Way and the traffic it will bring.... In 2014 I became very short of breath; a neighbor
saw me pass out and called 911. The EMR was here in five minutes. When I woke up, the ER
doctors said I was very lucky that I got in so quickly as two more minutes delay, I would have
been dead 11 The traffic and congestion on our once quiet street has me very worried as
my chronic problems and those of my neighbors are complicated and often need quick
responses" (Figueroa, 12/7/17).
Another resident of Alberto Way commented on the safety hazards to elderly walkers:
"Pedestrians crossing driveways to and from 401, and I'm very concerned about things getting
worse if a large building is constructed at the corner of Alberto Way, adding 330 cars, maybe
more. On the west side of Alberto Way the two driveways that cross the sidewalk in and out of
the proposed new building complex will be much busier. I worry about getting hit or having to
stand and wait during rush hours .... We strongly urge you to not approve such a huge
building. It would, as explained, make walking in this community a much less pleasant activity
and be unsafe, especially for those of us who suffer from conditions of old age" (Vitale
Transcript 5/10/2017, pp. 57-58). Additional evidence appears in End Note 5
4
Traffic reports include unusual traffic generation features and infill projects improve traffic
circulation? TRA 3.7 and LU7.3 were cited. Many citizens contributed first hand observations
that the Commission considered. On the unique situation near the project: "Alberto Way is a
fairly short street with only one way in and one way out. To bring that much traffic onto the
street is just too much. The developer will dedicate a portion of the site for the purpose of
widening Alberto Way allowing for an extended right turn lane onto HWY 9, That's great and
will help get cars out of their building and on their way. Wonderful for their tenant and their
employees, but what about the residents who may be stuck behind their cars trying to enter on
Alberto Way while they turn left into the property or stuck waiting while they exit out of the
garage? .... This part of the freeway is and has been a bottleneck for many years and the
surface streets from the freeway to the development are also bottlenecked many times of the
day. There is not a plan in place to alleviate the traffic pressure to Hwy 17 or Hwy 9 and Los
Gatos Blvd any time soon." (S. Burke, Transcript 12/13/2017, 63-65).
Also, citizens made assumptions based on facts about future traffic: "This project is a small site
surrounded by residential units. It's on a corner of a congested intersection. You're adding 400
[330] cars. It will add multiple trucks for deli service deliveries and maintenance. it will add
buses. It will create additional air pollution from idling cars and trucks entering and it will add
to the summer traffic mess in Los Gatos" (Darrow Transcript 5/10/2017, p. 73). And see End
Note 6
One further comment: On p. 12 of the 1/30/18 letter attached to the appeal, there is criticism
of the Planning Commission for not considering the "economic infeasibility" of a project smaller
than 74,260 square feet. Actually, the Commission spent time discussing this and found that it
was not and could not be the job of the Commission to decide how much profit a developer
should make, and that the developer had not provided the necessary financial data to make his
case, according to legal requirement. See End Note 7.
To conclude, the developer based his appeal on the grounds that the Commission abused its
discretion, yet failed to support this appeal with facts. Therefore, the members of the Boards
of Directors of the communities located on Alberto Way request that the Town Council support
the Planning Commission's decision and the General Plan of the Town of Los Gatos and DENY
the developer's appeal.
5
Sincerely,
The Los Gatos Commons: Board Members Jean Jones, Carol Rosenberg, Rosemary Harper,
Harold Vitale
Pueblo de Los Gatos: Board Members Janet Prince, Jannette Scott, Cathy Cathey
Las Casitas: Board Member Tim Gafney, Kristy Gafney
Bella Vista Villages: Board Representative Melanie Kemp
END NOTES
1. Substantial evidence includes "facts, reasonable assumptions predicated upon facts, and expert
opinion supported by facts." (Pub. Res. Code Sec. 21080(e)(1), 21082.2(c). First-hand lay
perceptions regarding non -technical impacts meet legislative definitions of substantial evidence
and testimony of area residents that are not qualified environmental experts qualifies as
substantial evidence when based on relevant personal observations. (City of Carmel By -the -Sea
v. Board of Supervisors (1986) 183 Cal. App.3d 229, 246n.8; Oro Fino Gold Mining Corporation v.
County of El Dorado (1990) 225 Cal.App.3d872, 882; Citizens Association for Sensible
Development of Bishop Area v. County of Inyo (1985) 172 Cal.App.3d 151, 173; Quail Botanical
Gardens Foundation, Inc. v. City of Encinitas (1994) 29 Cal.App.4t 1597, 1604-1605; Arviv
Enterprises v. South Valley Planning Commission (2000) 101 Cal.App.4th 1333.)
2. Substantial evidence on obstruction of views: Transcript (hereafter T) 5/10/2017, Leibthal, p.
79, First hand observation based on specific knowledge of the Project size and its surroundings
(hereafter First hand observation); T 12/13/2017, 3:09, Rosenberg, First hand observation.
3. Substantial evidence of the proposed building not preserving the existing character and sense
of place and not being in proportion with the buildings traditionally in the neighborhood: T
8/10/16, Kemp, p. 63, First hand observation; T 5/10/17 Dunn, p. 52-53 and Darrow, p. 72 and
Bourgeois, 1/10/18—all assumptions based on fact.
4. Substantial evidence on the proposed building not being in keeping with the small town image
of Los Gatos: T8/10/2016, Darrow, p. 65, Assumption premised on facts; T 5/10/2017, Fowler,
p. 60, citizen testimony based on facts; Letter, Cathey, 1/10/2018, First hand observation.
5. Substantial evidence on the safety hazard posed by the traffic congestion that will accompany
the proposed building was presented to the Commission at public hearings: Assumptions
premised on facts (T8/10/2016 Azad, p. 77; Chin, p. 94).
6. Substantial evidence on traffic circulation problems. First hand observation: T8/10/2016, Cahn,
p. 54; Vaccarello, p. 60-61; Kemp, p. 61; S. Burke, pp. 85-86; T12/13/2017, Stein, 3:24:05; and
Assumption based on facts: T5/10/2017, S. Burke, p. 40; T12/13/17, McDonald, 3:11:14; L, G.
Hamilton, 12/7/2017.
7. See Planning Commission Hearing 2/14/2018: 41:22; 43:47; 44:52; 46:58. And, see Citizens of
Goleta Valley v. Board of Supervisors (1988) 197 Cal.App.3d 1167, 1181.
6
A �v--�,-
FRIENDS OF LOS GATOS, SARATOGA,=9 6
MONTE SERENO, CAMPBELL AND
SOUTHWEST SAN JOSE!
Email or letter writing is the most effective way to
influence the Los Gatos Town Council members. We
are also told that if people other than Alberto Way
residents write in about the traffic gridlock problem
associated with this huge building at Alberto Way and
Highway#9 that the Council will sense how important
the traffic gridlock is for the entire region. The huge
building proposed for 405 Alberto Way will cause
gridlock traffic for highway #17 and Highway#9 and it's
connection to Highway #85.
It's too big for the quiet senior community on a dead
end street.
It will block the views of the Santa Cruz Mountains
It will bring in 300 additional cars to a narrow, winding,
small street
It violates the General Plan for development to blend
with neighborhood and to be same scale of exiting
properties. Please help us seniors!
Please write to address below before MARCH 15
COMMUNITY DEVELOPMENT DEPARTMENT TOWN OF LOS GATOS
110 E. MAIN STREET • Los GATOS, CA 95030 PLANNING DIVISION
TELEPHONE: (408) 399-5706 • FAX: (408) 354-7593
Email: JArmer@LosGatosCA.gov • www.LosGatosCA.gov •+
JENNIFER T. ARMER, AICP RECEIVED
ASSOCIATE PLANNER MAR 13 2018
Jennifer Armer
From: Nancy Cardinet <ncardinet@gmail.com>
Sent: Tuesday, March 13, 2018 4:42 PM
To: Jennifer Armer
Subject: Alberto Way Project
Dear Jennifer,
I'm writing to encourage you to listen to the planning commission with regard to their recommendations to reject the
Alberto Way Project. The project will make the traffic situation impossible! I live in Saratoga and like to come to shop
and eat at restaurants in down town. With the added traffic this project would incur I think a lot of folks might go else
where. Again please listen to the Planning Commission as they have done a lot of work as well as folks who live near
Alberto Way.
Regards,
Nancy Cardinet
Sent from my 'Phone
,s CA -re -s
To. Jennifer Armer, Senior Planner, jarmer@Iosgatosca.gov
Community Development Department, Los Gatos
Re: Proposed Development at 401-409 Alberto Way, Los Gatos
RECEIVED
MAR 14 2018
TOWN OF LOS GATOS
PLANNING DIVISION
Recently the Los Gatos Planning Commission unanimously vetoed a development
proposal for 401-409 Alberto Way, but the developer is appealing this decision to the
Town Council. This development will replace a 31,000 sq. ft. office complex and
120-car parking lot with a 74,000 sq. ft building and 200-car underground
parking. Meanwhile, it has become a neighborhood blight. We urge the Town Council to
reject the appeal for the following reasons:
• Traffic/Safety concerns: This corner is adjacent to the Hiway 9/Hiway 17
interchange. Alberto Way is a dead-end street with 400 residents in 4
condominium projects, one of them an over-55 complex, and all of them with
school -age children. During construction, Alberto Way will be blocked much of the
time with heavy construction equipment, entry/exit of residential traffic as well as
fire and medical emergency vehicles will be impeded. After construction, traffic in
and out of this complex during commute hours and throughout the day will bring
additional congestion to an already congested area. Traffic congestion in Los
Gatos is already terrible: Enough!
• Professional engineering reports have questioned the wisdom of underground
parkjng based on concerns about the water level in the area —it's next to Los
Gatos Creek —and the potential flood/water/structural damage to other buildings in
the area.
• Neighborhood compatibility: This large development is not compatible with the
neighborhood. A new smaller office building, a remodeled existing office building,
additional housing —any of these are better for the neighborhood and the town
than the proposed development.
• Views: Nearby residents will see nothing but the walls of this development.
We all drive, dine, and shop in Los Gatos; send our kids to Los Gatos schools;
and attend movies, plays, and concerts there. We believe this project will have a
negative effect on Los Gatos, continuing the overcrowding, congestion, and Toss
of small-town character with no positive benefits. You can do better with this site!
Addres
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To: Jennifer Armer, Senior Planner, jarmer@losgatosca.gov
Community Development Department, Los Gatos
Re: Proposed Development at 401-409 Alberto Way, Los Gatos
(continued)
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From: Bob Burke <bobburkeat@gmail.com>
Sent: Wednesday, March 14, 2018 11:03 AM
To: Jennifer Armer
Subject: Alberto Way Citizens Proposed Design for 401-409 Alberto
Attachments: 405 Alberto Way Design Changes 3-14-18.pptx
On behalf of the Alberto way citizens who signed the Petition for our opposition to the current Design, attached is our
proposed design to preserve:
- views
- surrounding properties from damage
- traffic impact on Hwy 9 traffic
I'll present these as slides at next week's TC meeting.
Regards,
Bob Burke
408-896-7896
"Timely action combined with market knowledge creates excellence and value in the introduction of new
technology."
Alberto Way Citizens
Design
March 14, 2018
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keep both front & rear trees trimmed in perpetuity
401
Earth Settlement caused by
De -Watering During Excavation
BEFORE EXCAVATION & DE -WATERING (NOW)
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Ground Level
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Water Level below group
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401-409 Alberto
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Sunken Ground Level
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Village
Earth Settlement caused by
De -Watering During Excavation
DURING EXCAVATION, CONCRETE POUR & HARDENING
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ROADS DISCOVERED DURING EXCAVATION = PROOF THAT DAMAGE HAS
ALREADY BEEN DONE — THE ONLY QUESTION LEFT IS: WHAT IS ITS COST?
.Jennifer Armer
From: Karen Szabo <szabokaren420@gmail.com>
Sent: Wednesday, March 14, 2018 1:33 PM
To: Jennifer Armer
Subject: Alberto Way development
Hello,
As a life long resident of beautiful Los, Gatos, (1959 on) Please please please do not approve The current plans for the
development project n the corner of Alberto Way. There us so much traffic to n the mornings and evening leaving
Alberto Way as it stands.
This town is grid locked most of the time, we just don't need a development that big among us residents. I currently live
directly across the street and we just do not need another huge office building blocking our view and the mess it will
cause. Many more people can speak much more elaborate and more elegance than i.
just speak from the heart and I just barely make it to live here in my home town, please do not allow that structure
under the present plan.
Thank you,
Karen
Szabo
Ruth and Curtis Cook
130 Vasona Oaks Drive
Los Gatos, Ca 95032
408-395-6759
Dear Los Gatos Town Council Members:
The purpose of this letter is to request that you seriously consider the impact of the huge
building project being proposed for construction at 405 Alberto Way in Los Gatos. Just as is true
of the project proposed for construction covering the last orchard know as the North 40 property,
the Alberto Way project will increase substantially the traffic within Los Gatos. Areas around
Highway 17 are already impossible due to those who use alternative routes to get to the Santa
Cruz area. In addition, given the scale of these two projects, it is clear that they are not planned
in such a way that they will blend in with the surrounding neighborhoods in terms of size and
intensity.
We realize that there is a housing shortage due to the tech industry. It seems that those
creating the jobs could take greater responsibility for developing housing for their employees
and/or contributing to the development of affordable housing for those being priced out of the
market due to the demand for housing that they create.
Noticing the vacant store fronts in downtown Los Gatos, it is hard to imagine that more
retail space is needed in the North 40 area. There is already plenty of competition for those who
wish to remain in the retail business in Los Gatos. Instead, there should be more greenery and
space between and around houses as is characteristic of most of Los Gatos. The number of
dwellings proposed is just plain too many and only benefits those trying to make money.
We truly applaud and appreciate the work you do as Council Members and are especially
grateful to you for being willing to listen to and consider the opinions of those you serve — the
residents of Los Gatos.
Si z}ee Iy,
4-Ler--3 4) -061&-
-- (—G. Jam_
Curtis W. Cook, DBA
Ruth E. Cook, Ph.D
Jennifer Armer
From: CONNIE <cgdailey@comcast.net>
Sent: Wednesday, March 14, 2018 3:28 PM
To: Jennifer Armer
Subject: RE: Alberto Way
Attachments: Public Hearting Mar 2018.docx
Public Hearting/Planning Commission March 20, 2018
Architecture and Site Application 5-15-056
The project has been determined to have a significant impact on the
environment. Once the project is completed, the developer will no longer be held
accountable for any future underground damage to existing property or
buildings. This is a serious threat to homeowners who will have to pay for the
repair of damage out of their own pockets. This will bankrupt many, as they are
seniors on fixed incomes. The underground parking garage is a disaster waiting to
happen.
Another major concern about this project is the additional traffic it will bring. On
any given day, current traffic backs up on Hwy 9 to University Avenue or beyond
and makes it almost impossible to get in or out of the neighborhood. In an
emergency, first responders will be delayed by the impasse, or those in need of help
will not be able to leave due to the congestion.
This project is not a good idea for this location and will not be beneficial to the
town of Los Gatos.
George S. Dailey
441 Alberto Way #111
Los Gatos, CA 95032
408-827-4956
cgdailey@comcast.net
Jennifer Armer
From: John R Mittelstet <jmitt@comcast.net>
Sent: Wednesday, March 14, 2018 4:09 PM
To: Jennifer Armer
Cc: Kemp, Melanie; Bob Burke; Roman Rufanov
Subject: 401-409 Alberto Way - Letter to Town Council
Attachments: Mittelstet to TownCouncil 3-14-18 signed.pdf
Jennifer:
Attached is a two -page letter (pdf) to the Town Council members from four of us residents on Alberto
Way, - one each from Los Gatos Commons (me), Bella Vista Village (Melanie Kemp), Pueblo de Los
Gatos (Bob Burke) and Las Casitas (Roman Rufanov). This letter urges the Council's support for the
Planning Commission's denial of applicant's appeal of the PC's decision.
We appreciate your sending a copy to each Council Member.
Please Acknowledge receipt.
Thanks. John Mittelstet 408-460-5446
John Mittelstet
443 Alberto Way, Unit B-123
Los Gatos, CA 95032
jmitt@comcast.net
408-356-5970
March 14, 2018
Rob Rennie, Mayor
Steve Leonardo, Vice Mayor
Marcia Jensen, Council Member
Marico Sayoc, Council Member
Barbara Spector, Council Member
LOS GATOS TOWN COUNCIL
110 E. MAIN STREET
LOS GATOS, CA 95030
Re: 401-409 ALBERTO WAY - LP Acquisition's Appeal of the Planning Commission's 2-14-18
unanimous denial of application
Dear Mayor Rennie, Vice -Mayor l..eonardis and Council Members Jensen, Sayoc & Spector:
Please support the Planning Commission's unanimous decision to deny the developer's application for
401-409 Alberto Way.
I have no new information to submit regarding this application. I'm sure you will agree that you have
had more than enough information from neighbors and the Applicant to make your decision,
As a voting resident of Los Gatos for the past 40 years, 1 believe there is a deeper issue at stake.
Applicants are not following the process outlined by the Town. Applicants are trying to end -run the
Planning Commission Ex Parte rules, bypass the Planning Commission's authority on applications, and
offer last minute concessions to the Town Council. hoping to secure the Council's approval for the most
profitable development possible ... while disregarding the Town's application process, as well as
important elements of its General Plan, Commercial Design Guidelines ("COG") & Ordinances.
The Planning Commission ("PC") has worked tirelessly and thoughtfully on this project, spending many
personal hours, and long hours in several public hearings, since early January, 2016 — for more than two
years. 1 have attended most of those public sessions. The PC was very open to the comments and inputs
of both the developer and his experts, as well as the affected neighbors. The PC clearly wanted to arrive
at a decision that would result in a good use of the property, while still conforrning to all aspects of the
Town's GP, CID and Ordinances. The PC considered both objective and important subjective elements
(having to do with the Town's desired quality of life for Los Gatans) of the GP.
In the May. 2017, Planning Commission public hearing, after much input from both sides over the
course of two sessions, the PC, before voting on a motion for their final decision, pointedly asked the
developer "is this your final/best offer?" (or words to that effect). Mr. Lamb answered emphatically, if
disingenuously. "yes!„ The PC then made its motion and voted to deny the application.
VtN\
John Mittelstet to Town Council! (3-14-2018) p 2 of 2
As I understand the process, any information which is known by any participant during the Planning
Commission process, must be presented to the Planning Commission prior to their decision, and only
"new information not reasonably available before" the PC's decision. can be presented to the Town
Council during an appeal of the PC's decision to the Town Council.
I maintain that Mr. Lamb's response, that he had nothing better to offer the Planning Commission, was
a disingenuous response. because I believe that he made that response so that he could go to the Town
Council, under appeal, with his best offer disguised as "new" information. The only new information
was that he was now ready to negotiate. At least one Council member seemed very perturbed that. the
Town Council was allowing not, just this developer, but many previous applicants, to play this game.
believe that the Council should have. then and there, denied this applicant's appeal.
Instead, last October the Council decided to kick the ball back to the PC for what the Council hoped to
be a "final" decision on the project, with the PC considering all information available to it. You will
recall that two motions from the Council that October night. to give specific instruction to the PC
regarding what the Council felt were important decision factors, were both denied by a 3-2 vote.
Instead the unanimous decision of the Town Council was to have the PC decide without specific
instruction from the Town Council.
The Planning Commission met in January to consider applicant's most recent proposal, and after
nearing the witching hour, asked the developer to consider making further revisions to bring the project
into closer harmony with the Town's GP, CDG and Ordinances, before voting to continue the hearing
at a later date, The developer subsequently gave notice that they would have no changes to their
proposal. On February 14th, the Planning Commission, after laborious review of all inputs, and
meticulous re -review of the General Plan, decided unanimously to once again deny the applicant's
proposal.
Council Members, please refrain from allowing the developer to again enter "new Information" at your
March 20th meeting when you hear the appeal. Instead, send a strong message to this applicant and to
all future applicants to play by the rules. and stay within the process. Please support the hard work and
deliberations of your Planning Commission, and deny applicant's appeal of the PCs unanimous
decision. A decision you unanimously returned to the PC for final determination.
Thank you again for your own efforts on this application.
cs,\)1
Sicerely,
John Mitte stet Bob Bur
.44/1
elanie K
Los Gatos Commons Pueblo de Los Gatos Bella Vista Village
(All Alberto Way residence complexes)
nlpf Roman Rufanov
p
Las Casitas
Cc: Jennifer Armer, Associate Planner, Town of Los Gatos (JArmer@ailosgatos.gov)
Jennifer Armer
From: Jennifer E Liebthal [mailto:iliebthal@gmail.com]
Sent: Wednesday, March 14, 2018 5:47 PM
To: farmer@losgatos.gov; Council <Council@losgatosca.gov>
Subject: Please DENY 401-409 Alberto Way Appeal
Dear Mayor and Town Council Members,
I writing to ask that you support the hard work and deliberations of our Planning
Commission and deny the appeal of the Planning Commission's UNANIMOUS DECISION
to deny the developer's application for 401-409 Alberto Way.
Many of the concerns of myself and other residents have still not been addressed..
• Reducing the size of the building to something more fitting to the neighborhood
• Traffic increases (current study does not reflect true impacts)
• Loss of views. My unit at 420 Alberto Way will loss all my views of the hills from my unit if
this building is put in place at it's current height.
• Current size and scale of the building is not compatible with the neighborhood.
• Loss of quality of life and negative impacts on this residential neighborhood
I am sorry that the town has to go through another threat of lawsuits. It is sad to see these things
happening in our town and I am sure it is very hard on the council.
Thanks for your time and continued service,
Jennifer
Jennifer Armer
From: Janet Ehrhardt <janety.ehrhardt96@grrmail.com>
Sent: Wednesday, March 14, 2018 8:30 PM
To: Jennifer Armer
Subject: 405 Alberto Way
The neighbors deserve to have this property be sensitive to the neighborhood. As the proposal is presented there will
be heavy traffic and the entire neighborhood will be impacted. This street was not designed for such a large project.
The resulting pollution and congestion will affect all residents who travel past this site daily.
The proposal does not meet the standards of our town. Uphold the Planning Commission's unanimous denial.
Janet Ehrhardt
62 Fillmer Ave.
Los Gatos
Jennifer Armer
From: Cheryl Huddleston <chehud@comcast.net>
Sent: Wednesday, March 14, 2018 9:05 PM
To: Jennifer Armer
Subject: Alberto Way
We are so concerned about the direction that our town has been going the past years. This increase in development has
got to stop! It seems like any time of day you are likely to incur traffic gridlock. Anything higher than 2 story ruins the
views. People have a hard time finding parking to shop or dine downtown. Los Gatos is a town not a city. Please do not
allow it to be spoiled by developers. Consider "just say no", "enough is enough".
Thank you for your consideration in taking a stand against these kind of projects.
Cheryl and Stan Huddleston
55 Church Street
Sent from my iPad
Jennifer Armer
From: Paulette Sato <surfbudha@gmail.com>
Sent: Wednesday, March 14, 2018 9:13 PM
To: Jennifer Armer
Subject: 405 Alberto Way project
Hi Town Council members,
First let me say thank you for your tireless efforts to listen and respect all parties concerned, but especially for listening
to the current residents of Los Gatos and hearing our concerns. Just so you know, your work does not go unnoticed and
is very much appreciated by me and all of my neighbors. You are our heroes?
Now on the subject of the 405 Alberto Way project. I have attended all but one of the Town Council meetings dealing
with Lamb Partners' construction on Alberto Way.
These are my thoughts for the final meeting:
1) The project is still too big. Lamb still insists on building a structure close to 2x the square footage of the size of the
building now in place. And it is obvious he doesn't care at all about the town or blending in with the existing
landscape. It's all about profit and money to him. Unfortunately for him, he has made no effort to conceal this fact after
the niceties of the first meeting. He's very transparent.
2) Since he started his proposal, he has (perhaps deliberately) kept the space in absolute shambles. The place is a mess,
plastic poles all over the lot that have fallen down- detritus and debris everywhere. It looks like an abandoned space,
and I pass by that eyesore every day on my way to and from work. It's like he is saying to the residents, well you can
keep your views of the Santa Cruz mountains, but I'm going to trash this fenced in area. It is a disaster. So disrespectful.
3) Lamb has made it crystal clear that he has zero respect for the residents, the Town Council, or the Planning
Committee. Do I want him for my neighbor, of course not. But if he's reasonable and reduces the size to 40,000 sq ft. or
something in that ballpark, well ok then. That's reasonable.
Thanks for your continued diligence.
Best,
Paulette Sato
420 Alberto Way #26
Jennifer Armer
From: JOHN FOWLER [mailto:jawolf3@comcast.net]
Sent: Wednesday, March 14, 2018 9:17 PM
To: Jennifer Armer <JArmer@Iosgatosca.gov>
Subject: Alberto Way development project
Jennifer T. Armer, AICP
Senior Planner
Attention: Los Gatos Town Council
My wife and 1 are longtime home -owners and residents of Los Gatos. The proposed development at
Alberto Way is disturbing in a number of ways. First, as proposed, it is a massive structure out of
keeping with other buildings in the immediate area: in fact, there aren't really any existing buildings in
the downtown which are comparable. The area consists primarily of two story residential and smaller
scale retail/commercial structures. The proposed structure will be a game -changer as far as the look
and feel of the neighborhood buildings.
Second. there are a great number of retired and elderly residents and families with children in that
neighborhood. The increased traffic that will follow the addition of the proposed office building raises
safety concerns for residents. I know the area well from the perspective of traffic peaks and
congestion. For thirteen years I drove my children to Van Meter and Fisher schools most days of the
school week. I can attest to the heavy traffic that has become increasingly problematic during the
morning commute and afternoon times to the end of the evening commute. Getting out of and into
Alberto Way will be increasingly difficult and frustrating for drivers. There are more than enough easily
angered and aggressive drivers in town already. Many children use the immediate streets to travel to
and from school.
Third, Los Gatos was attractive to my wife and I because of the natural surroundings. When I first saw
Los Gatos in 1992, I told my wife that was where I wanted to purchase our home. The views of trees
and mountains sold both of us on the area. While there are other benefits and amenities to being a
Los Gatos resident. the natural beauty of our town was perhaps the most important. Adding massive
structures to the town obscures views and affects the quality of our lives.
Why the town council continues to debate this proposed development is troubling. Recommendations
from the Planning Commission have been clear and emphatic that the development as proposed
should not be approved.
John Fowler
120 Cleland Ave
Los Gatos. CA 95030
1 am asking the Town Council to deny the project. Over the past 2 years there has been
numerous occasion where the developer has continually refused to listen to the to the
suggestions of the Alberto residents and planning commission and finally has refused to
make any changes in Redesign 3, despite direction from the planning commission.
Here are my reasons for the request to deny this project
There's no evidence that Los Gatos needs a large class A building
There are numerous small businesses and professionals in town that would love to have a
nice multi -use office at that location. Previous tenants to the property were attorneys,
insurance agents, CPA's, print copy center, financial planners and more and the property
was most of the time full.
No evidence that this building will bring more revenues to downtown merchants.
A lot of the residents on Albertro Way spend mornings, lunchtime, weekends and our
money in town because we live here we like it, and understand the importance of
supporting our local merchants.
The new business model of employees do not have the luxury of long lunches or shopping
breaks to go downtown or the need to support our local merchants. Most companies now
have their own cafeteria or have lunch catered.
Safety for residents, children and the seniors are a major concern. 2 years of dump
trucks, trucks with building supplies, Large cranes, heavy duty operating equipment, PGE
digging up the roads, Cal trans digging up the streets is not only dangerous to us but makes
no sense.
The reduction of the building to 74,260 does not protect the existing view corridor to
the Santa Cruz Mountains on the north side of the site.
The proposed reduction to 74,260 does not address the inconsistencies with the
General Plan and Commercial Design Guidelines that were cited by the Planning
Commission when they denied the 83,000 sq. ft. project in May 2017.
The developer's argument that the 74,260 footage should be approved because a
further reduction would be economically infeasible is not relevant, according to two
Town Council members and the research our attorney did on case law on the subject. The
developer's figures in his justification letter for Redesign 3 show he saved money by
reducing the building size and garage size. Presumably, he would save more by a further
small reduction.
Resident of Pueblo de Los Gatos
Thomas Dunn
Jennifer Armer
From: Karen Kurtz <kurtzk@comcast.net>
Sent: Thursday, March 15, 2018 9:38 AM
To: Jennifer Armer
Subject: Alberto Way project
As a resident of Los Gatos for 52 years I encourage you to support the findings of the planning commission and
reject this "too large" project on Alberto Way. l do not believe that the developer has tried his best to work
with the residents on Alberto Way or the town in responding to requests to scale the project back or to follow
the general plan. The planning commission has done a great job in sticking to the general plan, listening to the
town residents and tried to work with the developer. Please honor and support the hard work of the planning
commission and the residents of this town and reject this project.
Thank you for your serious consideration and work,
Karen Kurtz
107 Broadway
Los Gatos, CA
March 15, 2018
To: Los Gatos Town Council Members
c/o: Jennifer Armer, Associate Planner, Town of Los Gatos
Re: 401-409 Alberto Way, Los Gatos, CA
For more than two years, an alliance of local residents have been working diligently with the Los Gatos
Planning Commission and Town Council to limit the size, mass and scale of a newly proposed two-story,
93,000 square foot commercial building at 401-409 Alberto Way from an outside developer and his
army of consultants.
During this two-year process, the townspeople SUCCESSFULLY ARGUED for a smaller footprint and lower
elevation through two hearings with the Planning Commissions and an additional hearing with the Town
Council. The Town Council kicked the decision back to the Planning Commission last October, and on
February 14, 2018, the Planning Commission UNANIMOUSLY REJECTED the developer's aggressive plan.
Now the developer and his consultants have filed a SECOND APPEAL to the Town Council for a final
hearing on March 20 .
SUMMARY REVIEW: The original 30+ year old commercial structure measured approximately 36,000
square feet. The developer is trying to push through approval of a 74,000 square foot building with 285
parking spaces in a two-story, underground parking structure that will significantly block traffic,
significantly obscure hillside views and potentially cause settling and water damage to neighboring
residents from the underground parking garage. To make matters worse, the developer is now verbally
THREATENING A LAWSUIT to win approval of his original 93,000 square foot design if his 74,000 square
foot plan is not approved.
The Town has also been wrestling with increased traffic congestion for several years near downtown Los
Gatos without finding any meaningful solution. This Alberto Way building site is at the intersection of
Highway 9 and Alberto Way across from the Los Gatos Lodge and a major artery for residents traveling
to/from downtown Los Gatos, students from our local schools, Highway 17 and residential
neighborhoods in east and west Los Gatos.
IT'S TIME to show this developer that the Town of Los Gatos and local residents will not succumb to
extortion or threats and important that our Town Council let prospective developers know that they will
continue to work hard to maintain our charming, small town ambiance while providing a Class A
commercial office space in a mixed -use neighborhood. These concepts are not mutually exclusive.
A MATTER OF RESPECT FOR THE PROCESS: Developers also need to know that a thoughtful and detailed
study and decision by the Planning Commission cannot be circumvented with an automatic appeal to
the Town Council. This tactic completely undermines the authority of the Planning Commission who
have worked diligently and arduously to review this project in great detail including hundreds of pages
of reports from experts, personal conversations and meetings with the developer and neighbors, visits
to the site and many hours of public testimony. I can't offer enough appreciation for all that the
Planning Commission has invested for 2+ years on this one project.
The residents in the Alberto Way neighborhood including Pueblo de Los Gatos, Las Casitas, The Los
Gatos Commons and Bella Vista Village implore the Town Council to support the hard work and
deliberations of our Planning Commission and deny the appeal of the Planning Commission's
UNANIMOUS DECISION to deny the developer's application. Opponents to the developer's application
will be wearing red at the Town Council hearing on March 20 to demonstrate our unity and resolve.
Please review comments from our Planning Commissioners during their hearing on February 14, 2018:
• Chairman Michael Kane cited a letter from the commercial real estate firm Cushman &
Wakefield that said Class A buildings can be smaller than 74,000 square feet, The DEVELOPER even
provided a letter from an expert stating that a Class A building can be 50,000 square feet in a suburban
setting.
• Vice Chairman Matthew Hudes called into doubt the traffic study completed by the Town some
time ago which has been challenged by more recent reports on the Alberto Way/Highway 9 intersection
from Los Gatos citizens. He asked that the Town's traffic study be revisited before more projects were
approved and added that Alberto Way won't be wide enough to accommodate fire trucks and
emergency vehicles. He also called out the project's environmental impact report as inadequate. (San
Jose Mercury News, February 22, 2018)
• Commissioner Tom O'Donnel voiced grave concern over the predicted increase in traffic on
Alberto Way and Highway 9, saying "I've been doing this for 14 or 15 years, and I have never seen a
traffic report that didn't tell me things were going to be fine, and they never are."
• Commissioner Kathryn Janoff voted no because of "the Toss of views, the loss of quality of life
and the impact on the neighborhood, which would be negative."
• Commissioner Kendra Burch cited neighborhood compatibility and views as reasons to deny the
project. "As it stands, the application is not compatible with the neighborhood."
• (Commissioner Mary Badame was recused from the hearing.)
The developer has based his appeal to the Town Council on the grounds that the Planning Commission
abused its discretion, but he has failed to support this appeal with facts.
As constituents, the Alberto Way Neighborhood Alliance numbers more than 450 voting residents.
We will not be assuaged by lack of final and decisive action by the Town Council or the developer's
strategy to wear down the townspeople with this application process that has bounced between the
Planning Commission and the Town Council for more than two years. Please help us to find a
reasonable compromise for a development that will enhance our neighborhood and our town.
Thank you,
Melanie Kemp
174 Cuesta de Los Gatos Way
Bella Vista Village representative to the Alberto Way Neighborhood Alliance
20 year resident of the Alberto Way neighborhood
March 15, 2015
Dear Town Council members,
During the 2/14/18 Planning Commission meeting, Commissioners Kane and Janoff stated that
the behavior of the LP Acquisitions developers was inconsistent with General Plan policy LU 1.1:
encourage developers to engage in discussions as early as possible regarding the nature and scope of
the project and possible impacts and mitigation requirements. Commissioner Kane commented that it
looked like the developers were not "listening" to that when they proposed a building over 93,000
square feet for little dead end Alberto Way, which showed a lack of awareness of town requirements
and commitment to protecting neighbors in Los Gatos (36:00).
The developers' lack of interest in talking WITH (NOT TO) neighbors was evident from the
beginning. In the 8/10/16 Planning Commission hearing, resident Vaccarello commented on Mr. Lamb's
behavior in the meeting he attended: What he has told you about working with the residents is false.
That's the reason why you have so many people here. I asked him if he had made any modifications or
changes to this building based on the input of the residents. This is his exact words, and 1 have witnesses.
So 1 asked him, "Have you had any modifications since the meeting, or talked to the residents in the
area"? Randy said, No. I said, "Why don't you work with the residents to get this thing passed? .... He
said, " i don't care and I don't give a damn about the residents, and I'm going to build it anyway" (p. 60).
Mr. Vaccarello pointed to two witnesses to this, who supported his recollection (pp. 87, 89, 94). Mr.
Lamb also told the neighbors that if they objected to the building, something worse would be built
there. These exchanges set the tone for the next two years. The Planning Commission members drew
attention to the developers' failure to communicate with the neighbors (e. g., pp. 35-36) and voted to
request "significant reduction" in square feet (8/26/16).
On 5/10/17 the Planning Commission denied approval for the project after it was reduced only
to 83,000 square feet. The developer had met with neighbors prior to the May hearing, bringing with
him a completed redesign that he had not discussed with them previously. The neighbors asked for a
further reduction in size and he refused. He also said that if the Town Council denied the project, he
would sue and the Council would not have the will to defend against his suit.
On 10/3/17 the Town Council remanded the project back to the Planning Commission, where
the developers offered Redesign 3, without any prior discussion with the neighbors. The developers
refused to address the issue of the obstructed view on the north side of the site, as the Planning
Commission requested on 1/10/18 (in a motion that passed unanimously). The Commission denied
approval for Redesign 3 on 2/14/18.
Throughout this two year process, the Alberto Way residents have proposed compromises. The
developer rejected them all. On the issue of size, the neighbors moved from wanting a 31,000 square
foot building to a 64,000 square foot project —a size increase of 33,000 square feet. The developer has
offered a 19,000 square foot reduction from Design 1 to Redesign 3. The neighbors have "bent over
backwards" to work with this developer.
l support the Boards of Directors of the four developments on Alberto Way, who have
requested that the Town Council direct the developer to compromise by working with the Planning
Commission on view and building size or by giving the developer conditions for approving the project
that acknowledge the not unreasonable concerns of the neighbors. We residents gain nothing from this
project. We are trying to minimize the negative impact of it on our community and on the town. To
indulge this developer in his effort to drag the process out so as to wear down the Town Council and
their constituents would damage the relationship between the Town Council and their constituents who
rely on the values and policies of the General Plan.
Thank you for considering these remarks.
Sincerely,
Loretta Fowler
451 Alberto Way
Jennifer Armer
From: Jon Shank <Jon@pelio.com>
Sent: Thursday, March 15, 2018 10:11 AM
To: BSpector; Steven Leonardis; Marcia Jensen; Rob Rennie; Marico Sayoc; Town Manager;
Joel Paulson; Jennifer Armer
Subject: 1 support 401 Alberto
I am writing another e-mail in support of the 401 Alberto Way development, which is directly across the street from our
property at 53-57 Los Gatos -Saratoga Road (Best Western Inn of Los Gatos and Grill 57 property). The use being
pursued seems appropriate for the site, and the architecture appears appealing and fitting of Los Gatos. Class A office
space near a major freeway with on/off ramps in all directions makes sense, and it is likely that the developer could
attract a solid tenant (or tenants) that brings highly -paid employees to Los Gatos. With this type of tenant typically
comes employees that are likely to spend money in the Los Gatos community. This could have the multi -faceted effect
of increasing revenues at local businesses and increasing tax revenues. Specifically for us, this development could help
increase revenue at our property and thus increase the taxes we pay to the Town of Los Gatos. It would also be nice to
see jobs being brought to an area where there is housing.
We would greatly look forward to providing services for the new tenants at 401 Alberto Way, and we hope that the
community has come to see the project's merits.
Please do not hesitate to contact me if you would like to discuss this further.
Best regards,
Jon
Jon Shank
Pella & Associates
14573 Big Basin Way
Saratoga, CA 95070
0 - (408) 872-9500
C - (408) 497-2887
F - (408) 872-9505
March 15, 2018
Dear Council members,
The Boards of Directors of the Alberto Way communities Las Casitas, Pueblo de Los Gatos, The Los Gatos
Commons and Bella Vista Village requested in our letter of 3/9/2018 that the Town Council deny the
developer's appeal of the Planning Commission's decision on 2/14/2018
We understand that the developer will build on the site, but we believe that the developer did not make
a good faith effort to work with the Planning Commission on an appropriate redesign. Therefore, your
constituents on Alberto Way, as well as many others in Los Gatos, request that the Council help to
engineer a compromise between the developer and the Alberto Way neighbors.
Toward that end, we would like you to consider taking one of these two actions:
1) Remand the project back to the Planning Commission with direction to require the developer to
submit rough sketches of two redesigns; this is what the Planning Commission requested on
1/10/2018.
A. A project that preserves the mountain view on the north side of the site by making part of the
building one story. The square feet and the width of the view corridor to be included.
B. A project that increases the setback on the north side of the site to 80 feet by removing the part
of the proposed building that obstructs the view. The square footage of the building to be
included.
The Planning Commission would consider both options and approve one.
2) Approve the project with conditions —preserve the existing view on the north side of the site and
reduce the building to 64,000 square feet. And require that the revisions be brought back to the
Council for review.
We represent the interests of the 400+ residents on Alberto Way. We want to compromise with the
developer (as did the Planning Commission). We ask for your help in accomplishing this. We realize that
something will be built on the 401-409 site. In echoing the comments of the Planning Commission, we
are united in our conviction that the building should not fundamentally obstruct our mountain view
corridor on the north and not be significantly larger and more massive than the neighboring buildings.
Board members at Pueblo de Los Gatos: Cathy Cathey, Jannette Scott
Board members at The Los Gatos Commons: R. Harper, H. Vitale, J. Jones, K. McDonald
Board members at Las Casitas: Tim Gafney, Kristy Gafney
Representative to the Board at Bella Vista Village: Melanie Kemp
Jennifer Armer
From: sherry <sherryl7s@prodigy.net>
Sent: Thursday, March 15, 2018 10:58 AM
To: Jennifer Armer
Subject: 401-409 Alberto Way Proposed Development
Hello Town Council Members
I am a resident on Alberto Way and have attended both the Town
Council meetings and the Planning Commission meetings, and
have spoken at them. I feel this proposed development, due to its
proposed size, is inconsistennt with our neighborhood, ruins our
beautiful views, and brings too much traffic onto our small dead end
street. It would be a bottleneck at the beginning of our street, as
well as impeding heavy traffic flow on Highway 9. I ask that you
uphold the Planning Commissions denial and turn this proposal
down. Thank you,
Sherry Burke
Resident
Pueblo De Los Gatos
40 Alberto Way
Jennifer Armer
From: J Scott [mailto:gatosbella@gmail.com]
Sent: Thursday, March 15, 2018 11:00 AM
To: Jennifer Armer <JArmer@losgatosca.gov>
Subject: What precedent will you set for our town's future
l respectfully request you support the Planning Commission ruling and deny the appeal.. I'd like to see
a much smaller scale project that doesn't cause shadowing on surrounding buildings and that will blend
with the current scale of the neighborhood. A very nice building that comes to mind is 100 Los Gatos
Saratoga Road (at University).
Should you decide otherwise and overturn the PCs decision and side with the developer, please
include the below requirements in the conditions of approval;
1) Alberto Way should be widened the width of one lane of traffic along the entire project site. This
will allow room for a designated left turn lane into the project. Without this designated lane, congestion
is eminent causing back on Highway 9 and all along Alberto Way. This will impact the
community, emergency vehicles, and residents all Highway 9 and Alberto Way.
2) Speed Humps on Los Gatos/Saratoga Road heading west from Los Gatos Blvd up to Alberto Way.
Cars pick up speed corning down this hill and often can't stop in time. With the increased traffic (this
project will bring) it's very likely will see an increase in traffic accidents at this intersection, especially- if
the traffic is backed up into the intersection.
3) Speed Humps along Alberto Way to calm traffic on an already dangerously narrow road where
speed is already an issue.
4) Permit parking along Alberto Way. With the loss of 8 parking spaces
to this project it will be necessary.
5) Flashing crosswalk at Alberto Way and Highway 9 intersections, both east /west and north /south
directions. Additionally, crosswalk at on ramp to Highway 17 should be included.
5) Safety review with Police/Fire departments on how they will enter Alberto Way during Construction
if lanes of traffic are blocked. Require dry run with construction crew.
Regards,
jannette Scott
Albertow Way