Attachment 07TOWN OF LOS GATOS ITEM NO : 2
PLANNING COMMISSION STAFF REPORT
Meeting Date: October 26, 2016
PREPARED BY:
APPLICATION NO:
LOCATION:
APPLICANT/
CONTACT PERSON:
PROPERTY OWNER:
APPLICATION
SUMMARY:
EXHIBITS:
Jennifer Armer, Associate Planner
ja rm e r@ los gat osca.go v
Architecture and Site Application S-15-056
Conditional Use Permit Application U-15-009
Environmental Impact Report EIR-16-00 I
401-409 Alberto Way (Located on the northwest comer of the
intersection of Alberto Way and Los Gatos-Saratoga Road. The
westerly rear of the site is bordered by a wooded strip ofland and the
on-ramp to northbound State Route 17. Access to the project site is
provided on A lberto Way.)
Shane Arters , LP Acquisitions, LLC
CWA Realty
Requesting approval to demolish three existing office buildings and
construct two new, two-story office buildings with underground
parking on property zoned CH. APN 529-23-018.
Previously received under separate cover:
1. Draft Environmental Impact Report
Previously received with August 10, 2016, Staff Report:
2. Locat ion Map
3. Required Findings and Considerations (two pages)
4. Required CEQA Findings of Fact (24 pages)
5. Recommended Conditions of Approval (15 pages)
6. Letter of Justification/Project Description (15 pages), received Jul y
15 ,2016
7 . Project Construction Details (three pages), received A ugust 3,
2016
8. Letter of Outreach Conducted ( 40 pages), received February 10 ,
2016
9. Second Letter of Neighborhood Outreach (26 pages), received
August 3, 2016
10. Consulting Arborist 's Report (4 1 pages), dated September 26,
2015
11. Architectural Consultant's First Report (five pages), received
September l 0, 2015
ATTACHMENT 7
Planning Commission Staff Report -Page 2
401-409 Alberto Way/S-15-056/U-15-009/EIR-16-001
October 26, 2016
REMARKS:
12. Architectural Consultant 's Final Report (five pages), received
March 18, 2016
13. Conceptual Development Advisory Committee Meeting minutes,
June 10, 2015 meeting (four pages)
14. Public Comments
15. Final EIR and Mitigation Monitoring and Reporting Program,
dated June 29, 2016
16. Development Plans (3 7 pages), received July 15, 2016
Previously received with August 10, 2016, Desk Item:
17. Comments received from 11:01 a.m. on Thursday, August 4 , 2016
to 11:00 a .m . on Wednesday, August 10, 2016
Received with August 24, 2016, Staff Report:
18. Comments received from 11 :01 a.m. on Wednesday, August 10,
2016 to 11:00 a.m. on Thursday, Augu st 18 , 2016
19 . Applicant's Re sponse Letter, received August 19, 2016
Previously received with August 24, 2016, Desk Item:
20. Comments received from 11 :01 a.m . on Thursday, Augu st 18 ,
2016 to l l:OO a.m. on Wednesday, August 24 , 2016
21. Applicant's Response Letter, recei ved August 24, 2016
Received with thi s Staff Report:
22 . Communication from the applicant (two pages), rece ived October
10 , 2016 and October 19 , 2016
23. Comments received from 11 :01 a.m. on Wedne sday, August 24,
2016 to 11:00 a.m. on Thursday, October 20, 2016
Staff and the applicant request that the item be continued to the January 11, 2017 meeting to
provide additional time to prepare materials .
Pre r y:
Je nifer Armer, AICP
Associate Planner
JP:JA:cg
proved by:
oel Paulson, AICP
Community Development Director
cc: Shane Arters, LP Acquisitions, LLC , 525 Middlefield Road , Ste . 118, Menlo Park, CA 94025
N :\DEV \PC REPOR TS \2 0 16\A lberto Way40 1-409 I 0.26.16 con t.d ocx
Jennifer Armer
From:
Sent :
To:
Cc:
Subject:
Jennifer,
Shane Arters <shane @lambpartners.com >
Monday, October 10, 2016 3:14 PM
Jennifer Armer
Randy Lamb; Eric Morley (eric@morleybros.com)
Continuance to 12-14-16
Please continue our application to the PC Hearing scheduled for 12-14-16. We are spending more time in design and we
are planning to meet with Staff and the Alberto Way neighbors.
Thank you,
Shane
LAMB L P \l Ol l\l J fl)\.'!
P1\RTI'-! I RS
Shan e Arters
53 5 Middlefield Ro ad , Sui te 190
M e nlo Park, CA 94025
9 17-9 75-7690 mobile
650-326-1600 ex t.102
650-326-1661 fax
sha ne@ la mbpartners.co m
shane.arters@dragoonre.com
Affiliated with:
() D~-. R t:'\J,'lY & D rvt.1,.t>l':>Jt::!\-r
~ Please con si der the environment before printing this ema il.
EXHIBIT 2 2
1
Jennifer Armer
Subject: RE: Continuance to 12 -14-16
From : Shane Arters [ma il to :shane@la mbpartners.co m]
sent : Wednesday, October 19, 2016 6:22 AM
To: Jennifer Armer
Cc: Randy Lamb; Eric Morley (eric@mo rleybros.com )
Subject: RE: Continuance to 12-14-16
Good morning Jennifer,
As discussed on the phone yesterday, please change and continue our application to the PC Hearing tentatively
scheduled for Jan . 11, 2017 due to the same reasons as mentioned previously.
Thank you,
Shane
LAMB l· p ·\{ O.J l':dl lt), ...
PART~f RS
Shane Arters
535 Middlefie ld Road, Suite 190
Menlo Park, CA 94025
917-975-7690 mobile
650-326-1600 ext.102
650-326-1661 fax
shane@lambpart ners .com
sha ne.arters@dragoonre.com
Affiliated with:
() OAAGOO!oi Rl:'U.'lY ~ I)t:\'&O}'l1U :N'.r
~ Please con si d e r the env ir onment before printing this email.
1
Jennifer Armer
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Hello,
Karen Szabo <szabokaren420@gmail.com >
Wednesday, August 24, 2016 11:44 AM
Jennifer Armer
Project on Alberto Way
Follow up
Flagged
As as LIFE LONG resident of Los Gatos, I strongly oppose to this huge project that is proposed on Alberto
Way.
I had lived many years in an apartment on Towne Terrace, then I was finally able to move to a condo on
Alberto Way.
I have live on Alberto Way for almost two years and have endured the construction of the new dinning
establishment which is directly out side my windows. Now with the proposed project for across the street, it
will greatly impact my quality oflife. View blocks, noise, dust and more noise and so much traffic at all hours.
This Town is grid locked every day, no matter which route you take to my place of residence on Alberto Way.
This Town does not need a huge office complex that is not a match for the surrounding neighborhood.
This is making me sick to my stomach. I am only one voice of a sea of many passionate speakers.
Please reconsider the development project. This Town does not need such a complex. It is is directly outside
my window.
Thank you,
Karen Szabo
420 Alberto Way resident
EXHIBIT 2 3
1
· ...
Los Gatos Commons
485 Alberto Way
Los Gatos, CA 95032
(send written communications
c/o Property Pro
14127 Capri Dr#B, .Los Gatos, CA 95032)"
·. ucav&D
August 24, 2016 . TOWN OF LOS GATOS
Subject: 401-409 Alberto Way Development EIR deficiency
To:
AUG 24 Z016
~~Q'1~S(
CLERK DEPARTMENT Town of Los Gatos
Planni ng Commission and Planning Staff
Dear Sirs:
It has come to our attention that the Owners of Alberto Oaks (475-485 Alberto Way, Los Gatos, CA
95032), the property that borders our complex to the north , has made an application (Application PD-16-
001) on May 3, 2016, which includes a proposal to do the following :
1) Rezone two residential properties (from R:-20 to O :PD) they have acquired directly to their
north (at the terminus of Pine Ave .).
2) Demolish the two ex isting residenti al buildi ngs, and replace them with a two story office
building of 20,000 sqft with additional parking (APNs 529-21-039 , 042 , and 044).
3) Combine that new building with two existing 2-story 28,000 sqft each buildings now classified as
Office Professional (O :PD) (for a total complex of 76,000 sqft).
4) Re-classify all three buildings for Medical use to offer a three building medical services complex
5) This proposed project is projected to increase traffic on Alberto Way, the only access to this
proposed medical complex. The developers of this project say (see CDAC 10-14-2015; Item 2
package) new traffic will be generated along Alberto Way as follows :
a. Alternative 1 would generate 1,230 net new daily vehicle trips, 14 net new AM peak
hour trips (14 inbound and 0 outbound), and 32 net new PM pea k hour vehicle trips (24
inbound and 8 outbound).
b . Alternative 2 would generate 2,048 net new daily vehicle trips; 62 net new AM peak
hour trips (38 inbound and 24 outbound), and 87 net new PM peak hour vehicle trips
(40 inbound and 47 outbound). No trip credits were applied for potential transit use ,
si nce the site is currently not directly served by public transit.
We note that the Draft EIR for the 401-409 Alberto Way Development does not include the above
project in the list of projects which might have an impact on the traffic studies submitted by the 401-409
Alberto Way developer. It was pointed out to me that the DEIR does not have to ta ke into account any
projects not known prior to the NOP date for the 401-409 Alberto Way project. We understand the date
for that NOP was January 12, 2016, which of course pre-dates the 475 -485 Development May 3, 2016,
application date.
However, the Town knew about this 475-485 Alberto Way project as early as Oct ober 14, 2015 , which is
the date of a Memorandum (CDAC 10-14-15; ITEM 2) from Laurel R. Prevetti, Town Manager, to the
Conceptual Development Advisory Committee (CD -15-003) for comments on the developer's plan which
included traffic projections for Alberto Way. This pre-dates the January 16, 2016, date of the NOP for
the 401-409 Alberto Way development.
We believe that a cumulative traffic analysis should have been done for the 401-409 Alberto Way
Development proposal and should have included the traffic projections done for the CDAC review of the
475 -485 Alberto Way project. And that such a cumulative traffic analysis would have been significant
grounds for the Planning Commission to not certify the Final EIR for the 401-409 Alberto Way
Development proposal being decided tonight.
Respectfully submitted,
~~
John Mittelstet
President -Los Gatos Commons Board of Directors
408-356-5970
443 Alberto Way, Unit 8123
Los Gatos, CA 95032-5434
RECEIVED
TOWN 01' LOS GATOS
AUG 24 2016
j.!OC\t>m ~
CLERK DEPARTMENT
Jennifer Armer
From:
Sent:
To:
·cc:.··" -·
1' ,,· •• -• : ~
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Dear Jennifer:
John R Mittelstet <jmitt@comcast.net>
Wednesday, August 24, 2016 3:43 PM
Jennifer Armer
CarolRosenberg; Harper, Rosemary; Jones, Jean; MargeWagner; mariettariney; Suzanne
Noble; Marilyn Basham; Ryan Shirley; Fowler Loretta; Burke, Bob; Rolle, Nickie; Scott,
Jannette; Cahn, Susan ; Rufanov, Roman; Tim Gafney; Chin, Debra ; Lown , Ken; Vaccarello,
Rick
Late 401-409 Alberto Way EIR traffic impact deficiency
stamped 401-409 EIR traffic impact deficiency 8-24 -2016.pdf
Follow up
Flagged
I know we had a cut-off at 11 :OOam this morning for submitting this sort of thing. We only
found out about the impact two days ago , and had not planned on bothering the staff or
commission unless and until we decided we would have to appeal tonight's decision (we hope
of course that won't be necessary). But in conversation with legal counsel at 10:45AM this
morning, we were alerted to her opinion that unless we submitted this letter today (even after
your deadline) before the Commission meeting tonight at 7:00PM, we would be cut-off from
using this discovery in a future appeal , if any, regarding the Planning Commission's decision
tonight on the 401-409 Alberto Way project.
So I pray that you will include the attached document for the Commission's possible review this
evening . Doing so may prevent unnecessary additional time and expense for both us and the
Town. I wi ll bring with me tonight ten copies to give to you in person for that purpose.
Thank you for the work you do. As the Board of Director's President for our HOA, I have a
good deal of empathy for your position of having to manage between two party's desires.
Sincerely,
John Mittelstet
President -Los Gatos Commons HOA Board of Directors
408-460-5446
1
Randy Lamb-Managing Partner
Lamb Partners
525 Middlefield Rd # 118
Menlo Park, CA 94025
September 13, 2016
Dear Mr . Lamb:
. : l 5 2016
f 0 '\"'' ·~-:.CS SAT O$
P !_~,,, !'!~: C•!Vl S;ON
The residents from the Alberto Way Los Gatos Commons, Pueblo de Los Gatos, Las Casitas and
Bella Vista Village concur with the Planning Commission's decision that the revised project
should be significantly smaller in terms of size, scale and mass.
It is important that the revised project also:
1) conform with the character of the existing neighborhood
2) addresses the traffic congestion on a) Highway 9 from Santa Cruz Avenue to Los Gatos
Blvd., b) on Los Gatos Blvd from Shannon to Los Gatos Highschool, and c) on Alberto Way
3) proposes increased setbacks and
4) avoids view blockage
We are receptive to modifications that will achieve an appropriately sized Class-A office
building that addresses the concerns voiced by the Plaruting Commission members and
residents.
Please send any communication you have about the revised project to John Mittelstet at the Los
Gatos Commons, and he will disseminate it to our Liaison Committee members, listed below,
who will each coordinate with the residents of their community. The four people named below
form the Liaison Committee for communicating with you . No one individual can speak for the
group. If a communication comes to you not through me, then it is not a communication from
the Liaison Committee.
After consultation with us, we request you send us the revised project at the earliest
opportunity, but at least 15 days prior to the scheduled October 20th written comments
submission date so that we will have sufficient time to respond in writing.
Respectfully,
~t\{ . • John Mittelstet
Los Gatos Commons
443 Alberto Way, Unit B-123, Los Gatos, CA 95032
jmitt@comcast.net
Bob Burke, Pueblo de Los Gatos
Melanie Kemp, Bella Vista Village
Roman Rufanov, Las Casitas
Members of the Liaison Committee
Cc: Los Gatos Planning Commission
Planning Commission Staff
Jennifer Armer
From:
Sent:
To:
Subject:
Follow Up Fl ag:
Flag Status:
Jennifer and Joel:
Grado, Mike @ San Jose <Mike.Grado@cbre.com>
Friday, September 16, 2016 4:12 PM
Jennifer Armer; Joel Paulson
401 Alberto Way Office Development
Follow up
Flagged
I am writing to you as a concerned resident of Los Gatos. My concern is the anti-development stance that the Town
continues when it comes to commercial development opportunities. The latest project turned down is the 401 Alberto
Way project. This is the type of project that the Town should embrace.
This project conforms in design to what has been approved and built on University Avenue in the past, notably 718, 720
and 750 University Avenue. This project incorporates the materials, finishes and design elements seen in the
aforementioned buildings and others around town. The current buildings are functionally obsolete, do not conform to
current codes (ADA, Title 24 etc.) and are an eye sore .
With its proximity to Highway 17, this project minimizes in town traffic and provides a reverse commute so it will not
conflict with other town traffic patterns.
The current vacancy rate for office space in Los Gatos is below 2%. Without new development and continued constricted
supply businesses will not be able to expand within our community and will need to seek elsewhere outside of Los Gatos
to fulfill their office needs. We will be unable to accommodate future growth of these companies and continue to lose
tenants to neighboring communities such as Campbell, San Jose and Cupertino.
To build a better town we need revenue. The increased tax basis will assist the schoo ls and with new businesses coming
in this will only add to the Town coffers. This will add a greater pool of employees to shop and eat in our town.
There is a significant amount of residential that is in the pipeline with the Town . We need to find a balance with
commercial and residential development. There is a limited amount of land that can be developed as office. If we
continue to reject these options we will also limit our services that we can offer our citizens that are in constant
demand. I'm all for better roads, clean schools, more officers etc. but if we keep pushing away business then these
services will suffer.
In closing, the 401 Alberto office project conforms in use and aesthetics and should be reconsidered . This is a great
project for the Town with minimum risk . I very much appreciate your time and consideration .
Best Regards,
Mike Grado
1
September 28, 2016
Jennifer T. Armer, AICP
Associate Planner
Gerald E . Hamilton
451 Alberto Way, Dl53
Los Gatos, CA 95032
Community Development Department
Town Of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
RE: Architecture and Site Application S-15-056 etc
401-409 Alberto Way
Dear Ms Armer:
R ECEIVED
SEP 2 9 2016
TOWN OF LOS GATOS
PLA NNING DIVISION
My wife and I are and have been residents for many years within Los Gatos Commons, the
planned development community of some l Oo+ condominiums at the northerly end of Alberto
Way, approximately 50-75 yards northerly of.the site.of the above proposed development.
·'. :· ' ' . . . ' .. : ) J ;.-, . i ._ .... : ·-I ·:·-I ... ·: >I : I : \J . !~ ..... : . : . -i., : : : . i ••
Oi1 drif many daily drives to ai:id from eur home we NOW mo~i frequently ericoUn.ter· whafwe '· ·
oonsider 'to ·be . excessive delays· at the . iiiters.ectfon Of Alberto· Way and Hwy. 9, 'jush:asterly of the
onanddffranipsofliwy 17.: ' .. ., .. '.,; ,··_;"' ··:!' . . "·: ." ..... ·, i
..
There has been a tremendous increase of traffic on Hwy 9 in just the last two years, which
impedes our ingress and egress from/to Aiberto Way and it is almost impossible to imagine what
the proposed development would add to this traffic problem.
Once we are able to exit Alberto Way and make a left turn onto Hwy 9 towards Los Gatos Blvd.,
we then currently must contend with the daily traffic congestion on both the north and south
bound lanes. We can n6t imagine the traffic increase to these roadways IF the proposed
development is approved.
We are NOT young any more and it is NOT uncommon for us to of necessity quickly exit our
home and drive to our medical providers, if not emergency facilities. To imagine the congestion
and all but tremendously increased traffic delays at the intersection of Alberto Way and Hwy 9 to
cause delays to obtain emergency medical attention is scary and just unacceptable.
Alberto Way is essentially a residential street, excepting the minimally occupied office structures
at the northerly end of·the ·Way and the existing office structures on 401-409 and the totally
remodeled motel ~d its new restaurant oii the -easterly :side of the Way~ To introduce aii ., . · · "
additional 63,000 '+/-sqUare feet (jf office space Oil such a quiet street seeins'utterlfwibefievable
and certainly NOT reasonable and consistent planning on the part qf the Town. . ' -. . ". : . ~· :: .
Jennifer T . Armer, AICP
Letter dated 09/28/2016
Page2
Currently the existing office development on the subject site contains but 120 +/-spaces for auto
on-site parking. To even imagine an additional 260 +/-going into and out of this site and
contesting for exit onto the basically residential street (Alberto Way) and then attempting to
make EITHER a left or right turn onto Hwy 9 -well this too is just frightening!
We respectfully request the proposed development by LP Acquisitions be denied without further
consideration. The Environmental Impact Report dated April 20, 2016 is deficient in most all of
its primary conclusions in that it in no way reflects the an depth analysis of the damages to the
basic livable of not only our condominiums but all the other residential properties on Alberto
Way.
Respectfully submitted,
Page Two