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Attachment 16LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Tom O'Donnell, Chair D. Michael Kane, Vice Chair Kendra Burch Melanie Hanssen Matthew Hudes Kathryn Janoff Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (510) 337-1558 ATTACHMENT 16 LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR O'DONNELL: At this point we’re going to move into Item 2, which is the Alberto Way, but I think one of our Commissioners wants to make a statement and recuse herself. Please, go ahead. CHAIR BADAME: I am recusing myself from Item 2. The subject property is located within 500’ of my residence. Good night. COMMISSIONER O'DONNELL: Thank you very much for coming in any event. All right, so now we can move to Item 2, 401 to 409 Alberto Way, Architecture and Site Application S-15-056, Conditional Use Permit Application U- 15-009, and Environmental Impact Report EIR-16-001, and I’d ask for a Staff Report. JENNIFER ARMER: Good evening, Chair, Vice Chair, Commissioners. The project in front of you tonight is the revised proposal by Shane Arters of LP Acquisitions to build a new office building at the corner of Alberto Way and Los Gatos-Saratoga Road. You first saw this project exactly nine months ago in August of 2016. At that time the proposal was for LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two office buildings, which with this revised design has been converted into one. At two Planning Commission meetings in August there was discussion that resulted in a continuation with specific direction. A summary of that direction was included in the Staff Report for the August 12th meeting. The written materials that you’ve received over the last nine months show that there are many comments, and a lot of information from the Applicant and from interested neighbors. The written materials from the Applicant do show that they have been working to respond to the comments that they have heard both from the Commission and from the neighbors. They have reduced their floor area by 10%. They’ve reduced the size of the underground garage to allow for construction staging onsite, and fewer trucks for offhaul. They have reduced the overall mass of the building by reducing the height of it as well as the square footage, giving a reduction in mass of approximately 25%. And they’ve moved the building back from the street, combining the two buildings into one to allow for more surface parking, more open space right off of the street there, and greater views of the hills from the surrounding area. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The written materials from the neighbors show that they are still very concerned about the project, about its size, the traffic, and the environmental impacts. As laid out in that Staff Report from April 12th, the Commission has a number of options which focus on two questions primarily that will likely be answered tonight after hearing from the Applicant, the neighbors, and numerous experts who are available to answer questions about the technical issues. The first question is whether the Environmental Impact Report can be certified. The EIR could be certified as a separate motion, or as part of a motion making a decision on the project itself. Without certification of the EIR, the project cannot be approved. However, no decision is required on the EIR if the project is denied or continued. The second question is whether to approve or deny the proposed project. Has the Applicant responded to your previous comments sufficiently to say that they are now in conformance with Town codes, policies, standards, and guidelines? To help you answer some of these questions, as well as many questions brought up by public comment and materials provided to you in writing, the Applicant has LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 their technical experts who are the ones who prepared the technical studies, and they are available during the public comment period of this hearing. Town Staff also has consultants hired by the Town who peer reviewed those studies, and they are available to confirm or clarify anything from their review. In addition to the Planning and Parks and Public Works staff we have TJKM, the Town’s traffic consultant; we have Amec Foster Wheeler, the Town’s geotechnical consultant; and we have Robert James from EMC, the environmental consultant; for questions about the EIR. We encourage you to ask questions of them and the numerous technical consultants who are here tonight to help clarify any issues discussed in the written materials and any questions that come up this evening. This concludes the Staff presentation, but I’d be happy to answer any questions. COMMISSIONER O'DONNELL: Before we get into that, I just want to establish that the story poles were changed. Could you remark on that, please? JENNIFER ARMER: Correct. The original story poles that were put up were orange. The Applicant, in revising their proposed project, decided to retain those so LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that the changes from the original proposal could be seen. The proposed project was story poled in blue. COMMISSIONER O'DONNELL: All right, let me also establish, has everyone viewed the site since the change? That’s unanimous, all right. Yes, Commissioner Hudes, you had your hand up? COMMISSIONER HUDES: I have a few questions of Staff. Some of them are more technical, and I’ll save them until after the public testimony, but I had kind of two big picture questions. One is what is permissible on this site? I think given the concerns that have been raised it’s important to understand what is the role of the Planning Commission with these kinds of matters. So the zoning for this, is it CH? JENNIFER ARMER: Correct. COMMISSIONER HUDES: And would an alternative use such as residential be permitted on that site? JENNIFER ARMER: No. COMMISSIONER HUDES: So that wouldn’t be something that the Planning Commission could address? That would have to go to Council or General Plan Committee, et cetera, to revise the zoning, is that correct? JENNIFER ARMER: It would require a different type of application to allow that type of use. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: Okay. JOEL PAULSON: And the role of the Planning Commission is to evaluate the currently proposed project in light of all of our current guidelines, codes, and policies that are relevant to this application. COMMISSIONER HUDES: And the second big picture question. There were concerns raised about whether the Town should approve any new proposed development until such time as it can convince the State of California to eliminate an unfunded mandate. This is in a letter from the public. This may be more for the attorney, I don't know, but is that true? Would the Town not be allowed to approve any proposed developments until it can convince the state to eliminate an unfunded mandate for schools, let’s say, or other matters? JENNIFER ARMER: Current regulations allow us to approve projects. ROBERT SCHULTZ: Yeah. We have to, like Joel just said, look at our guidelines, our rules, our laws that are in place and evaluate that on the basis. If we were to just do a complete building moratorium and say we’re not going to build until the state figures out the mandate on schools, it’s basically we would be challenged quite a bit on eminent domain and takings claims, because we basically LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are not allowing people to use the property for the intended purposes for the laws that are on our books. COMMISSIONER HUDES: Okay, thank you. COMMISSIONER O'DONNELL: Other questions? Commissioner Hanssen. COMMISSIONER HANSSEN: I had sort of a big picture question about the neighborhood. I’m pretty sure we talked about this at the last hearing. The Applicant talked a lot about the need for Class A office space in Los Gatos, and so then I was trying to gauge where this stood relative to other buildings that we had that were office space in Los Gatos, and I had two questions. One was there are the two buildings that are at the back of Alberto Way, and I remember we heard it at the General Plan Committee, but I don’t remember the square footage of the buildings at the back of Alberto Way. Roughly. Then I have a second question. JENNIFER ARMER: I don’t know the size of those buildings. COMMISSIONER O'DONNELL: Is the question, too, as we understand it, a development proposal for the property at the back ultimately may come before us, but is not presently before us, or is this just a question of the existing buildings? LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: I was just trying to basically do a neighborhood analysis and also an office building analysis in my mind about where this kind of stood in Los Gatos. But there was a proposal that came before the General Plan Committee to amend the zoning for a property that was on the other side of the fence so that they could potentially put a third office building there, but that’s not… JOEL PAULSON: I’ll check on source to see if I can get that answer, but it will probably be following public testimony. COMMISSIONER HANSSEN: Okay. So then my other question, and I don’t truly expect you to have the answers off the top of your head, but 83,000 square footage, even with the reduced size, is a pretty big building, so I’m trying to find out where would be the closest building in Los Gatos that would be that kind of square footage? JENNIFER ARMER: That’s not information I have off the top of my head. Sorry. COMMISSIONER HANSSEN: I remember in some of the reports we saw that there was a building on University that’s like 60,000 square feet. But that was some big picture questions that I had. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Any other comes from Staff on that question? If not, Commissioner Hudes has his hand up. COMMISSIONER HUDES: One of the really, to me, important questions, because I think that after the hearing in August, at the conclusion and the motion, the instructions were to significantly reduce the size of the building, and I think that’s going to be a key issue that we look at. In terms of evaluating size of a building, it seems as though there’s one argument that says you look at square footage, and there’s another argument that says you look at volume. I guess the mass is described more by volume in the arguments that I’ve read. Is there any guidance for the Planning Commission about whether one of those is more appropriate than the other? Can they both be alternatively considered? Because in this situation we’ve seen a reduction in one of those figures that’s small, and one of them that’s more significant. JENNIFER ARMER: Staff has reviewed the project to make sure that it is in compliance with our code, which limits the size of a building based on floor area and floor area ratio lot coverage. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Applicant has presented a description of how they have responded to your August comments, and one of the ways that they have chosen to describe the reduction in overall mass of the building, trying to bring it more compatible with the neighborhood, has been through this calculation of the total mass of the building. In your evaluation of whether the building now is compatible and meets Town Code and guidelines, those are ways to describe it and to try to understand the changes that have been made. COMMISSIONER HUDES: Thank you. COMMISSIONER O'DONNELL: Any other questions? Yes, Commissioner Burch. COMMISSIONER BURCH: Just a quick procedural question. All the Town engineers and specialty consultants will be available to us after all the public testimony and everything, right? JENNIFER ARMER: Correct. The consultants who actually prepared most of the reports would need to be consulted during public testimony and the public hearing, but the Town’s peer reviewers and Town Staff are all available after the close of public comment. COMMISSIONER BURCH: Right, thank you. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: Chair, I was able to find the data on the Town’s website, so it looks like the two buildings at the end are 28,000 square feet each, approximately. COMMISSIONER O'DONNELL: All right, if there are no other for the Staff, I think we can open the public hearing, and the hearing will begin by the Applicant having ten minutes in total. That will be followed by others. I’ve got a number of cards here, and if your card is not here but you wish to speak, please submit a card. I will call on each of you, and you will each have up to three minutes to speak. Now, we’ve had this hearing before, and what you’ve said in the past is fairly fresh in our minds, which is not to limit you in any way, but I would suggest to you if you hear someone saying the same thing you’re going to say, repetition probably is not necessary, but that’s up to you. So I just make that one admonition, and that being the case, I’ll call on the Applicant. ALICIA GUERRA: Good evening, Chair O'Donnell and members of the Planning Commission. I’m Alicia Guerra with Buchalter Nemer. I’m here on behalf of LP Acquisitions, the Applicant. I’m going to provide some introductions here I think to the Commissioner’s comments about the availability LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of our consultants here this evening to answer your questions, and then I’m going to turn it over to Dan Kirby to walk through the changes in the architecture. This evening you have Shane Arters and Randy Lamb from LP Acquisitions to speak on behalf of the Applicant. You also have Dan Kirby from Arc Tec. You have two individuals from ENGEO who are engineering geologists and consultants who provide all of the technical information on the geology and seismic issues; we have Janet Kann and Bob Basch from ENGEO. We also have Dan Mitchell from Kiren Wright to speak to hydrology issues. And finally, we have Gary Black of Hexagon who can address any technical traffic related comments. With that, I’m going to turn it over to Dan Kirby to speak to the architecture, and then I’m going to close with a couple of observations related to some additional comments that were received from the public that are reflected in your package. Thank you. DAN KIRBY: I’m going to walk and talk, if that’s okay. I’m Dan Kirby with Arc Tec architects in San Jose, representing the developer. What we heard at the last meeting here at the Town was there was a fair amount of concern about the size and mass of the building, especially its proximity to the LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 street, so what we decided to do is take a completely fresh look at the design. As you may recall, the previous design consisted of two buildings, one building here on the left and one building here on the right with an amenity space in between, and our thought in taking a fresh look at the design was that the amenity space in between the buildings, while nice for the tenants, was probably not the best use of that space in terms of designing a building that would really fit the site and also address some of the concerns of the Town and neighbors. So what we decided to do was redesign the building completely, and instead of having two buildings, which was shaped like this, create one building and really take the mass and size of the building and push it as far back on the site to the rearmost setback lines as possible. What that allowed us to do is create much more open space in front of the building, and we relocated the amenity area to the front of the building here. We also increased the surface parking, which was something that was fairly important to the Town and the neighbors. Probably more telling than the square footage reduction of the building is also the mass reduction of the building. The client has made the decision to go with a LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 concrete structure, which prohibits a little bit of flexibility for tenants, however, what it does do is allow us to reduce the thickness of the floor and roof framing from about 30” to 3’ down to a 1’, and so that really allows the height of the building to come down significantly, and whereas the square footage reduction is only 10%, the overall mass reduction of the building is about 25%, and you’ll see that more significantly in the slides that follow. In addition to reducing the size of the building, increasing the surface parking allowed us to reduce the size of the garage substantially. The former garage used to come all the way out to the street, and we’ve been able to eliminate a complete double row of parking in the basement level, two levels of the garage, and that allows us to pull the footprint of the garage back off of the street. The great benefit to that is that all of the construction staging can now occur onsite. We won’t have to park trucks in the street to offload; all of that can be done on the site. It also reduces the amount of excavation, which will decrease the amount of truckloads of dirt going off the site during construction. Here, you can see the former design, the two buildings separated by the amenities space. Our first pass LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 at the redesign is this middle version. We did receive some very good comments from Larry Cannon, who is the Town’s consulting architect. He felt that we need a bit more articulation on the building, especially the section in the center, so this is the final design which creates a little bit more of hierarchy of elements and creates a little bit more visual interest and architectural elements here at this center section, especially amongst the entry. I want to quickly go to this slide, which shows you more significantly the reduction in size of the building. What we’ve done is taken the current design and superimposed the former design over the top of it. Here you can see how much we’ve been able to reduce the height of the building; it’s actually 5’6” on the north end and 6’ on the south end, so it’s a fairly significant reduction in height and mass. The other thing that we did, when we reduced the footprint of the building there was concern about the proximity of the building to the north property line, so in reducing the mass in the building we were also able to increase the setback on the north property line by an additional 10’, so the building is pulled back off of the north property line by an additional 10’, addressing concerns of the neighbors to the north. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In addition, there was a balcony that formerly faced the north side of the site, and that’s been eliminated. All the balconies now face towards Alberto Way. Here are renderings. You can see the former design was quite tall, and here’s the interim design and the final design here, which has been reduced in height. Alicia, did you want to talk about that? ALICIA GUERRA: Thanks, Dan. What I wanted to address here is there were three issues that were raised in the comments that you received following the issuance, or as part of the application in the Staff Report. First, the revised project that Dan described to you is the feasible project. We heard you regarding a reduction in the size, so my client took the approach of trying to reduce the size in terms of the mass and volume of the building. We recognize that there is a limited amount of square footage reduction, but that is what is considered the feasible alternative, and under CEQA and under the rules that apply to the determination of feasibility, that’s measured in terms of economic, social, legal, technical considerations, so given the site constraints here and all of the other aspects related to the development, including the infrastructure needed to serve the project, and the additional amenities and items LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 required for a Class A office space, as well as the additional requirements to satisfy the Town’s requirements, we took all of that into consideration and came up with this revised project. This revised project meets the Town’s rules. There are no changes being requested. There is no General Plan amendment to the alternative that a commenter recently requested for residential. All of that would require changing the rules for the site. We kept within the rules. We kept within the zoning, the General Plan, and the Town’s Commercial Design Guidelines, which actually encourage the location of underground parking related to the development in a commercial area. All of those things were considered as part of this project, which takes me to the second point that I wanted to make this evening. The EIR that was presented to you that you heard about in August concluded that the impacts were less than significant for the original project. Well, the revised project, which further reduces the size of the project, also results in less than significant impacts. I know some of the commenters have raised concerns about geotechnical issues and hydrology issues, things related to worse, worse, worse case conditions. Well, CEQA doesn’t require an analysis of all the possible hypotheticals that you could LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 come up with, it requires the application of the reasonable person standard. This analysis and all of these consultants who are here this evening to address your concerns have undertaken a standard methodology, applied that to this project, and confirmed that the conclusions would be less than significant, even for the smaller project. The Town’s own peer review consultants reached a similar conclusion. So the second point is there are no significant impacts associated with this project, even with the revised alternative. Finally, this evening we’re requesting that you make a decision to certify the EIR and approve this project. We’ve addressed all of your questions, and if you do have further questions we’re available to answer them, but there are no new issues associated with this project. Thank you very much, and if you have any questions, we have our team here available to answer them for you. COMMISSIONER O'DONNELL: Thank you, Ms. Guerra; I’m sure we will have some questions. I’ll invite questions now, if anyone has any. Commissioner Hudes, I saw your hand going up. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: How did you know? Thank you for your presentation and for tying it back to the previous hearing’ that’s helpful. I had some questions really on the building and the size of the building, and how it relates to the part of the motion at the last Planning Commission meeting to make a significant size reduction. My understanding is that from a square footage perspective it’s an 8-9% reduction, is that correct? ALICIA GUERRA: Ten percent. COMMISSIONER HUDES: Ten percent, okay. And would that equate with a 10% reduction of employees as well, or has the design of the building changed such that it would be more or less densely populated as an office building? ALICIA GUERRA: I suppose there could be a reduction in the number of employees, but we did not take into consideration capping the employment for the project as a whole, and the size of the building doesn’t necessarily drive the employment; it’s really the tenants that are using the space that are going to have certain employment needs. COMMISSIONER HUDES: So what is the anticipated number of occupants of the building? ALICIA GUERRA: Four per thousand. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: Four per thousand, and what number? ALICIA GUERRA: Three hundred and thirty-two employees. COMMISSIONER HUDES: Okay. I had some other questions. COMMISSIONER O'DONNELL: Go ahead. COMMISSIONER HUDES: Why don’t you go ahead, and I’ll come back. COMMISSIONER O'DONNELL: Okay. Commissioner Hanssen. COMMISSIONER HANSSEN: I was just wondering if I could ask the architect a question? ALICIA GUERRA: Oh, absolutely. COMMISSIONER HANSSEN: Thank you for going through the changes; it helped a lot to look at the before and after. I know you talked to why it became one building instead of two, but my first reaction looking at it—and Larry Cannon also referred to this in both of his comments— was one way to make it look smaller would be to have individual buildings with more open space in between, so could you help me understand a little bit more about why it needs to be one building? Because it definitely seemed more LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bulky and massy to me on account of that, even given that you reduced the height. DAN KIRBY: Sure. Once again, our feeling about this amenity area in between the buildings was that it probably wasn’t the best use of the site area, and the primary goal was to get the building pushed back away from the street further to preserve the natural views of the trees and hills beyond. Both buildings were pushed back farther from the street, so the left-hand building was significantly… This entire mass of the building is no longer here; this is now part of the side area, so that front wall of that two-story building which formerly was here is now back to here. The right-hand building as well, you can see the former footprint is here, was also pushed back. Not as far, because that building was already pushed back fairly far, but the goal was to take the entire mass of the building and really push it back to the rearmost setback lines, with the exception of the north side; we added an additional 10’, as I mentioned, to the north side. Along the back of the building there is less concern, because we’re backed up against basically a freeway onramp and a lot of mature landscaping. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So the idea was to push the building back on the site, and also reduce its height substantially by 5’ or 6’ in order to create a little bit better view corridor to the trees and hills beyond. COMMISSIONER HANSSEN: Did you consider any design that might have had two buildings instead of one, given that you’re moving the buildings back towards the property line? DAN KIRBY: We did, and in order to do that we would have had to create open space between the buildings, and the only way to do that and still achieve the square footage goal of the developer would be to decrease the setback dimension off of Alberto Way, because we’re backed up against the setback lines on the rear side of the site and the left side of the site, so the only way to replace that square foot would be to push the building farther towards the street, which our understanding was it was very undesirable to the Town and to the nearby neighbors. COMMISSIONER HANSSEN: So basically the reason there is one building is to preserve as much square footage as possible for the developer? DAN KIRBY: And also to create as much open space in front of the building. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We also heard a concern about the lack of surface parking before, and there was concern about people parking on the street, so we’ve created now much more surface parking. The surface parking has gone from seven stalls to 42 stalls, so that did two things. It kind of alleviates the pressure of the street parking, and it also allows us to reduce the size of the garage below, which was another goal. COMMISSIONER HANSSEN: Okay. Thank you very much. COMMISSIONER O'DONNELL: Commissioner Hudes. COMMISSIONER HUDES: I wanted to follow up on the north property setback. My question on that is are the orange and blue story poles pretty much accurate? RANDY LAMB: Randy Lamb, 401 Alberto Way. The story poles that are there, the orange, were the original design that Dan showed you from version one. The blue that are there now are identical. They’re measured by our civil engineers, they’re placed, they’re re-measured, so yeah, they are definitely accurate. Unless something has fallen, but they are definitely accurate. COMMISSIONER HUDES: Okay, because I looked at the northeast corner of that building, and it didn’t look like 10’ between the previous story poles, and then I LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 measured it and it was 6’, so are you sure that that building has been moved back 10’? RANDY LAMB: Well, there are two things. The architect is telling us yes, so it will be exactly where the 10’ mark is. I’m not sure why your measurement showed 6’. The civil engineers that were out there measured it prior to the story pole company actually reinstalling those poles. COMMISSIONER HUDES: My own observation is that something is not correct, either the story poles are not in the correct place or… RANDY LAMB: So you’re saying that the blue should be another 4’ in, so it’s a better situation? Is that what you’re saying? COMMISSIONER HUDES: No, I’m saying that the distance between the orange and the blue isn’t 10’, as I would have expected, it was only 6’. RANDY LAMB: Right, okay. Yeah, meaning there’s another 4’; you’re saying it should be 4’ further. COMMISSIONER HUDES: I had some questions about the architectural. COMMISSIONER O'DONNELL: Before we do that, let me first ask if any other Commissioner would like to get a question in. Commissioner Janoff. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER JANOFF: I also have questions about the architecture for the architect, please. COMMISSIONER O'DONNELL: So if you would come forward, please. COMMISSIONER JANOFF: In the last August meeting there was a lot of discussion about meeting the community expectations with regard to neighborhood compatibility, and what I saw between the design presented at that meeting and the design presented for us tonight actually reduces some of the elements that made it a little bit more interesting on the western façade and created an even stronger sense of bulk and blockiness. So my question to you is what features of the new design do you think satisfy the Planning Commission’s requests on that point? DAN KIRBY: Once again, an attempt has been made in the architecture to reduce the appearance of mass of these front facades. These front facades here on the former design don’t present a tremendous amount of visible interest in terms of breaking up the massing, so one of the things we did here was we introduced another mansard roof feature here, down low, which also serves as the balcony railing. We increased the variation on the pop-outs here on the left-hand side—you can see this was fairly flat before— to help break up that massing. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We tried to vary the roof heights. There was criticism before about the height of these entry elements, so while there’s a little bit more variation here on the former design, there was also designation before about those are very tall and seem a little bit out of place to the character of the neighborhood, as well as they tend to block the views of the trees and hills, so we eliminated those tall entry elements and went with something that, while still identifying the entry, is a little bit more in keeping with the goal to reduce the height of the building. We’ve gone to a single entry, because it is one building, as opposed to the former design that had two entries. Over here on the right side we’ve created a balcony that has a little bit more variation and interest through the use of differing materials, stone along the base, whereas before it was a little bit more generic. And again, the roof heights have been varied. We also decided rather than have a mansard roof that ran the entire length of the building to go ahead and create a different element here with a straight parapet to kind of break up the look and feel of the mass of the building, so you don’t have a mansard roof running across the entire front of the building. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER JANOFF: Just to follow up, you were responding to the request to vary the front façade by creating this articulated element, and you did that by simplifying the roofline and making it much flatter, much straighter, much boxier, and blockier in appearance? DAN KIRBY: Well, again, the roofline is similar to what we had before, with the exception of we no longer have the towers, because the towers were viewed negatively during the first meeting; at least that’s what we heard pretty clearly, that they were too tall. Some additional elements, we introduced some sunshades. This is a two-dimensional drawing, so it doesn’t show this very clearly, but if we go to the renderings you can see that a little bit more clearly. We’re trying to show the landscaping here (inaudible), but there are some sunshades that have been introduced to break up the mass of the front façade, and those are these elements here, the ground floor, and then there are a couple more up here at the second floor to help break up the mass of the windows and add a little bit more visual interest. COMMISSIONER O'DONNELL: Commissioner Burch. COMMISSIONER BURCH: I’m not completely sure whom this will be directed to, but perhaps Mr. Lamb. During our last meeting there were a couple of things that had come LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 up. First was it was requested by the Commission that you meet with the Bike Coalition and a few of the other agencies that direct both biking and pedestrian safety, and the school safety. I’d like to know if those meetings took place. RANDY LAMB: That might be a Shane question. SHANE ARTERS: Commissioners, I’m Shane Arters. We did reach out to the Bike Coalition to speak with them. My understanding, and Staff can respond to this, is that it’s more of a closed meeting and it’s just an advisory meeting, so we made the recommendations. We told them about our project, what we are doing, and we wanted input from them. They were in no position to give us input at all from that group. DAN KIRBY: My goal to stick to ten minutes in the introductory comments. I didn’t want to get buzzed off the stage, so I neglected to mention… COMMISSIONER O'DONNELL: Let me stop you for a second to give you a little comfort here. Once the time is used, the ten minutes, if we’re asking questions you’re no longer bound by the ten minutes. DAN KIRBY: Okay, thank you. COMMISSIONER BURCH: But, Mr. Kirby, does it relate to the questions I’ve asked? LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DAN KIRBY: It does relate to the question. One of the things that we did do, the developers made a decision to pull the curb of the building back from the location of the curb right now, and the goal of that is to create a dedicated right-hand turn lane onto Highway 9, and also to add this bike lane; we’ve added a dedicated bike lane along the front of the building. So that curb line is being pulled back up; that’s basically vacated and deeded back to the Town. COMMISSIONER BURCH: Can I ask one follow up question? COMMISSIONER O'DONNELL: Yes, go ahead; follow up question. COMMISSIONER BURCH: There was also in the comments from the neighbors some comments about the public outreach, and it didn’t seem like it had been that positive, so I’d like a follow up between August to now on what kind of public outreach there has been, how many meetings you had, the attendance, and how that conversation with your neighbors has gone. RANDY LAMB: Sure. We have now had 16 different neighborhood meetings with this particular neighborhood. If I asked everyone here to raise their hand in terms of how many people have actually met us, seen us, many of them LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 more than once or twice, many of them six or eight times, I would tell you that this has been a very thorough and detailed outreach. We’ve been very open to suggestion. It hasn’t always been very positive. In truth, I think if I said to everybody raise your hand if you don’t want to see anything designed on this site, I think you would probably have 90% of the people raise their hand, so I really think that’s the issue in this particular case. After the last time we met with you we had four different outreach sessions. We probably had anywhere from 20 to 40 people at each one, some less than others. A couple of them that we had were pretty heavy rain days and early evenings, but I thought that the feedback was good. Again, I don’t think anyone wants anything on this site, so I think us coming in at any square footage we are probably at more than what anyone wants there. COMMISSIONER O'DONNELL: Commissioner Hudes. COMMISSIONER HUDES: I had some follow up on the architecture questions that Commissioner Janoff asked, so this is about building architecture. On page 7 of the report from Mr. Cannon dated March 17, 2017, Exhibit 34, could the architect maybe answer some questions about that? LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I understand there was a back and forth with Mr. Cannon, a review and then… COMMISSIONER O'DONNELL: Excuse me for one second, Commissioner Hudes. Do you want them to have the document in front of them? COMMISSIONER HUDES: Yes, that would be helpful, I think. COMMISSIONER O'DONNELL: The attorney is now looking for it, I believe. COMMISSIONER HUDES: It’s Exhibit 34, letter of March 17th from Mr. Cannon. This is the second letter, I believe. After the first letter in February, changes were made to the design, and then Mr. Cannon reviewed the design that’s in front of us now. DAN KIRBY: So you’re talking about the March 17th? COMMISSIONER HUDES: The March 17th letter, yeah, right. DAN KIRBY: I’ve got that. COMMISSIONER HUDES: So that’s the second letter, I believe, and I believe that the number of changes that Mr. Cannon suggested were incorporated, but at the bottom of page 7, he said, “I would suggest that the Planning Commission consider the following changes made in the LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 February review letter,” so these apparently are changes that were not incorporated, and so I wanted to get your opinion on those. There are five bullet points there. From my own perspective in terms of design, I’m not that enthusiastic about the third bullet point, but the first, second, fourth, and fifth bullet points there are suggestions that were made, and I’m interested should this move forward whether you would be interested or willing to consider some of those additional suggestions made by Mr. Cannon. DAN KIRBY: Sure. One of the suggestions from the February 22nd letter was implemented, and that was to increase the height of the portion of the building closest to the intersection, so we did do that. His follow up comment was he thought that it would vary the roofline a lot more to increase it further, and we were very concerned about the overall height of the building and the sensitivity to the neighbors and blocking the views of the trees and the hills, so we felt that while not super significant, that was enough variation on the height. It’s a couple of feet different from the adjacent roofline. The lowering of the height of entry element, we’ve lowered it about as low as we think it can be and still be an identifiable entry. One of the things I wanted LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to remind everybody, we’ve got to conceal our roof-mounted mechanical equipment, and if we go any lower it’s going to be really tough to do that without putting a roof screen behind, which we don’t want necessarily to have to do. COMMISSIONER HUDES: What about the second bullet point and the last two bullet points? DAN KIRBY: So the second bullet point, we did add a fair amount of articulation. We can certainly do more if the Commission feels that it’s warranted. One of the things we try to do when we design buildings is avoid making it look too gingerbready, if you will, by tacking on a lot of elements to the building. There wants to be cohesiveness to the design, it wants to flow and not have a lot of packed on elements, so we’re trying to be sensitive to that as well. The last bullet point, “Withhold approval of the color (inaudible).” That’s fine. We’ve attempted to vary the colors. I think you can see on the revised design the color is very significantly more than the original design, so we did attempt to incorporate as much of that as we could in terms of incorporating Larry’s comments, but color is an easy thing to modify and change if we think that’s appropriate. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: Okay, thank you. Should we get to that point, those are issues that would come back. DAN KIRBY: Certainly. COMMISSIONER HUDES: Thank you. COMMISSIONER O'DONNELL: Are there other questions? Commissioner Hanssen. COMMISSIONER HANSSEN: I was hoping to ask the transportation consultant a question. GARY BLACK: Good evening, Gary Black with Hexagon Transportation Consultants. COMMISSIONER HANSSEN: Thank you, and thank you for all your responses; there was a lot. You had a very thorough response for the Planning Commission as well as a number of the resident comments. I kind of just had a big picture question. My interpretation of all your comments was something along the lines of none of the typical transportation impact analyses and EIR analyses procedures generated anything that would be a meaningful impact that couldn’t be mitigated, is that correct? GARY BLACK: Yeah, that’s a correct overview. I want to emphasize that the guidelines that we follow are the Town guidelines. We follow the Town guidelines for the procedure of the traffic study, and also for the policies LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that apply to traffic impacts and so forth. We’re not in a position to interject our own opinion of whether impacts are significant or not, but we strictly follow those guidelines, and that was the basis of our finding of impacts being less than significant. COMMISSIONER HANSSEN: One particular thing that caught my attention, and you did address this in your comments but I wanted to bring it up for the benefit of the public, there were a number of pictures that were submitted by residents that live on Alberto Way, and I’ve personally sat in the traffic that’s queued up on Highway 9 to turn left or right onto Los Gatos Boulevard, and it does get backed up, and so they had some pictures of that in both directions, actually. What I thought that your comments said was something along the lines of that there was a very specific time where you observed this, because you did do additional analysis, and that outside that window you didn’t observe that. So can you tell me, did I get that right? GARY BLACK: You got that right. We made additional observations based on when we received the comments and the pictures from the neighbors, and I think we saw probably the same thing that they saw in their pictures, and what you saw out there. Based on our timing LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of it we saw it backed up in the morning, we didn’t see it backed up in the afternoon. The backup in the morning, in our judgment, is because of the schools nearby, and that occurred from 7:50am to 8:20am, so a half an hour period when the traffic was backed up. Outside of those periods it was not backed up. And it’s important to keep in mind the definition of significant impacts under the traffic guidelines that we follow, and that’s an average over an hour, and so if it’s backed up for a half an hour out of an hour, then to a certain extent that gets entered into the average, and we look at the overall average for the entire hour. So you can have a situation that has a poor level of service, is the terminology that we use, for a certain time period, but the overall average in that location does meet the Town’s standard. COMMISSIONER HANSSEN: That’s kind of what I thought, because if you had complete gridlock for 30 minutes and the other 30 minutes there was nothing, then it would be averaged out to be whatever it was for that hour, and that’s how you basically do that. GARY BLACK: Yeah, you’re correct. COMMISSIONER HANSSEN: One final question. There were quite a few comments about the construction traffic, LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 supposing this is approved, and because of the underground garage there would be a lot of hauling of dirt and everything like that. Does the transportation impact analysis address the construction phase, or is it just more the ongoing operations? GARY BLACK: This traffic analysis did not address the construction phase. Usually we only address the construction phase if there’s something unusual that could create some potential issues that wouldn’t be reflected in the rest of the traffic study, but typically during construction the amount of activity on the site is a small fraction of the activity that will be on the site once the buildings are built and occupied. Now, there may be an exception for trucks that are hauling dirt, for example, but that’s typically handled by the Town policies about hours of construction, noise levels, identifying haul routes so that they don’t go through residential neighborhoods, they go on and off the freeway, back and forth to the site, that sort of thing is handled by a Condition of Approval. Then also I know one of the questions came up from the neighbors about damage to the road, and so that’s another policy the Town has, you need to repair the road LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back to its prior condition if there’s any damage from the construction. COMMISSIONER HANSSEN: Okay, thank you very much. COMMISSIONER O'DONNELL: Are there other questions? If not, thank you, and I will now go to the cards I have, and I have, as you perhaps can see, a lot of cards. So I will start with Sherry Burke, and I would ask, because we have so many, I’ll read two or three names to start so you know where you are. If you’re in the back, I would suggest you come up in the front so you can get to the microphone sooner, and then you won’t have to stay here later. So the first person will be Sherry Burke, second person would be Bob Burke, and the third person will be Cathy Cathey. So first is Mrs. Burke. SHERRY BURKE: Hi, my name is Sherry Burke and I live at 420 Alberto Way, immediately across from the proposed development. I ask that you deny the present design due to the increased traffic it will bring into our neighborhood, as well as the impact on already heavy traffic areas surrounding us. I believe the increased traffic generated by the development is understated and impacts not only Alberto Way, but all of Los Gatos-Saratoga Road and all of LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the feeder roads around it: Highway 17, Los Gatos Boulevard, University Avenue, and Santa Cruz Avenue. Los Gatos has a traffic problem and it’s not limited to the weekends or to beach traffic. The underlying reason is there isn’t enough traffic lanes provided on Highway 17 and Los Gatos Boulevard, Los Gatos-Saratoga Road, University Avenue, and Santa Cruz Avenue. When existing lanes get constricted, traffic backs up. Lane constrictions on Highway 17 cause traffic to back up for miles with traffic flow getting noticeably faster after the two Los Gatos exits. Inside Los Gatos backups occur on Los Gatos- Saratoga Road due to lane constriction and heavy traffic through town and from Highway 17 entrances and exits. Los Gatos Boulevard at Los Gatos-Saratoga Road is only one lane in each direction, which causes traffic to back up, especially when school is in session. I have traveled Los Gatos-Saratoga Road eastbound many different times of the day and had to wait through multiple light rotations just to get to the left-turn lane for Alberto Way due to heavy traffic from town and from traffic entering and exiting Highway 17. The important point is that traffic is already heavy, and I can’t get to the turn lane without sitting through light rotations. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The developer says the increased traffic will be handled by the Town with retiming of traffic lights and the extension of the left turn lane at Alberto Way by a few car lengths. If it’s this simple, why hasn’t it already been implemented? Many of the intersections affected have failing grades in the traffic study. Do we really want to add more traffic to them? We need to fix the traffic problem before allowing development that brings in even more. The development increases traffic into my residential neighborhood. Their parking garage is to the north of our driveway, and traffic entering it will specifically block our left turns onto Alberto Way. Once we get a break from oncoming traffic we have to wait for traffic exiting their garage into southbound Alberto Way lanes. This was pointed out in the traffic study referencing traffic exiting Best Western Inn, and pointing out that these same references apply to us as well. Alberto Way is a dead end street; it’s our only entrance. We have no other way in or out, no way around the traffic, and no recourse other than to wait for traffic to clear to enter or exit our neighborhood and our homes. We don’t want the same effect as beach traffic to happen to us during the workweek and on weekends too. For LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 these reasons I ask that you deny the present design. Thank you. COMMISSIONER O'DONNELL: Thank you very much. We have one question. Commissioner Hudes. COMMISSIONER HUDES: Thank you, and it’s very helpful to hear about the real situation there. With regard to traffic, are you aware that the developer has offered to widen Alberto Way? I had a little trouble figuring out how wide and how far back, but are you aware of that, and could you maybe enlighten me on that? SHERRY BURKE: I know that there has been some discussion on there’s a turn in Alberto and perhaps widening it so that there is more line of sight, but you’d have to ask the developer on that. But my concern is that it’s not going to get widened more than we have a lane each way, we have a bike lane, we might have a turn lane, but where I’m at, all of their traffic coming in is going to prevent me from coming into the street, so I can’t make my left turn. Once they clear and I can make my left turn, then I have the traffic coming out of their garage to contend with before I can even get anywhere. And that’s the only way in and out. We can’t go around it; we can’t get in any other way. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: Thank you, I will have some questions for the Applicant about how much they’re widening it and changing that. Thank you. SHERRY BURKE: All right, thank you. COMMISSIONER O'DONNELL: Commissioner Burch has a question too. COMMISSIONER BURCH: Knowing the constraints of the site as far as how far back it goes on Alberto Way, what will you see as a viable solution to that problem? SHERRY BURKE: To the problem of traffic? COMMISSIONER BURCH: Well, specifically your discussion on turning out, and the location of where they drive going into the parking garages. SHERRY BURKE: Reducing the amount of cars that are traveling there would certainly help the most. I don’t really want to see a lot of traffic lights there, but it may come to it that another traffic light needs to get put in so that we are able to get out. But with traffic backing up before we can even turn onto the road, and then everybody trying to come in and continue on past their development, waiting for them to actually get into their garage just seems like it’s going to add a lot in the very beginning of a small dead end street to begin with. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 If there were another way out, that would certainly help. I don't know how that’s rectified. COMMISSIONER BURCH: Thank you. COMMISSIONER O'DONNELL: Any other questions? Thank you very much. The next speaker will be Bob Burke, and after Bob Burke is Cathy Cathey, and the third is Thomas Dunn. So, Mr. Burke. BOB BURKE: Thank you very much. I still live at 420, and it’s me again. Sherry has made some very good observations about the life we live. I’m going to talk about traffic today as well. I’ll start out by saying that in our written submission last week we included the pages from the ITE Traffic Manual that were used in the traffic report computations of future traffic, and there were a couple of interesting points in that traffic manual. The first one is that the studies used by the ITE to put together the charts that are used for the traffic projection in terms of how many trips per thousands square feet are generated by the building, the studies are all between the 1960s and the 2000s. You take a look at that, you can figure out easily that the average study used by the ITE for traffic projection is 37 years old. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The studies also provide an average and ranges from lowest to highest traffic generated per thousand square feet from the buildings. Well, the AM rush hour in the three in the chart for AM traffic produces 0.6 to 6.0 trips per thousand square feet. The average is 1.56; that’s the figure used in this traffic report. The PM rush, 0.5 to 6.4 trips per thousand square feet; the average used for this is 1.5. And the total day is 3.5 trips to 29 trips per day, and the average used here was 11. The averages used are way below the mean for the traffic. I do have pictures of traffic that I can show you, but in the interest of… I’m also out of time. I would just like to ask, do any of you need to see them? Okay. I think I might like to comment on a couple of other items. The Applicant’s current design has made efforts to address ten of the 50 or so deficiencies that we identified in our April 5th submission. COMMISSIONER O'DONNELL: Thank you. I want to also mention to you that since we’re all very familiar with your location, by not needing to see your photographs I’m not suggesting your photographs wouldn’t be good, but I don’t think we need them. BOB BURKE: No, I didn’t think you would either. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Vice Chair Kane, I think, has a question. VICE CHAIR KANE: You did submit those photographs, didn’t you? That looks familiar. BOB BURKE: Many of them. I have a few that I didn’t submit. VICE CHAIR KANE: We had two submissions of photographs, and that’s one of the sets that we have. BOB BURKE: Yes. Actually, this one is not. This is a new one. It just shows the congested eastbound traffic on 9, and the congested north and southbound traffic on Los Gatos-Saratoga Road, and it is absolutely clear from the observations that the problem with the traffic is that Los Gatos Boulevard is too… VICE CHAIR KANE: Thank you. My question was could you sum up what you were saying about the traffic study? BOB BURKE: Oh, yes. VICE CHAIR KANE: In ten words or less. That the data was faulty, or… BOB BURKE: The rules used to do the computations are woefully out of date, and who would possibly believe that traffic hasn’t gone up a lot in the last 37 years? VICE CHAIR KANE: All right, thank you. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Yes, another question. Commissioner Burch. COMMISSIONER BURCH: I have a question. I want to go back. You were talking about the average ranges, because I was writing as fast as I could, but the first item you said in the AM it’s 0.6 trips per 1,000 square feet per AM, but the study was using what? BOB BURKE: 0.6 minimum to 5.98, effectively 6 trips per 1,000 square feet maximum, and this is from the studies that are 37 years old. The average is 1.56. Now, the average of 1.56 is what’s used in the traffic studies, and we made a good faith attempt to show the sensitivity of trips generated per hour in our submission, and we were the only ones to do that. COMMISSIONER BURCH: Thank you. COMMISSIONER O'DONNELL: All right, I think there are no other questions. Thank you very much, Mr. Burke. I’ve indicated the next two speakers, but I’ll add a third, and it’s Harold Vitale; so that will be the third speaker. CATHY CATHEY: Hello, my name is Cathy Cathey and I’m the property owner at 420 Alberto Way with Bob and Sherry. Tonight we’ll be discussing four topics related to the proposed development. These topics include LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 construction worker parking, delivery truck access once the project is completed, garbage truck access, and bus access. First, construction worker parking. Where will the typically 50 to 100 workers park when they come in to work for the day? We have limited street parking on Alberto Way and certainly not enough parking available for many trucks or cars. What accommodations will be made for those workers in terms of parking? Second, I’ve been in the commercial furniture industry for several decades and I’ve been involved with delivering and installing products such as desks, chairs, cubicles, benching, et cetera. One of the most important parts of this process is the delivery of the product. Where will we bring in the product? Is there a loading dock? Is there a freight elevator? Are there special before or after hours that we need to abide by to minimize the disruption to the existing tenants? Elevator access, is that limited to certain hours of the day? It certainly is on many of the projects I work on. When I look at the proposed project I see no location for easy access for deliveries of products such as furniture, technology, or anything else that will need to be delivered to this building. So the delivery trucks will need to enter through the main access point, which is 26’, LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and will probably park in the circular area, which I estimate to be about 52’ radius based on 8.6 width per car parking spot, which was on the plan. I’ve checked with four companies in the area: my company, two commercial moving and storage companies, and one union installation company. Most of these trucks used by these companies have 24’ long cargo holds and another 8’ for the cab. Larger trucks that travel across the country can be as long and longer at 53’. Will these trucks block others from parking on the street level? Will these trucks double park on the street, thereby blocking traffic and creating further limited visibility on this already too narrow, winding street? Third, garbage and recycling. The location for garbage is conveniently located, not, right at the entrance of the underground parking location, so depending upon the time of day that the garbage is picked up this might block the entrance for tenants entering the building for several minutes. Where will these cars be, waiting to get into the underground parking? Will they spill out on Alberto Way again, blocking traffic and limited visibility? Last, the Applicant says the plan enables tenants to use commuter buses for transport. Same problem. The LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 buses are 40-45’ and they have the same limitations as the trucks originally mentioned. We need to address these issues before this project goes forward. Thank you. COMMISSIONER O'DONNELL: All right, thank you. Let’s see if there are questions. Vice Chair Kane. VICE CHAIR KANE: With respect to the buses and the fact that they are long, I’m not connecting that. I don’t believe there is currently a bus stop there; it’s up on Los Gatos Boulevard. CATHY CATHEY: I don’t think there is any bus stop on Highway 9, nor is there any bus stop on Alberto Way. VICE CHAIR KANE: So how would that affect… CATHY CATHEY: Because if we’re bringing people into the property on buses, how will those buses get into… VICE CHAIR KANE: So you’re assuming that the employer may choose to bus in the employees? CATHY CATHEY: It’s certainly something that has come up, I think, in previous conversations, so that’s a possibility in order to reduce the amount of traffic and the number of cars that come into the property. VICE CHAIR KANE: Thank you. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: All right, if there are no more questions, thank you very much. VICE CHAIR KANE: Can I ask a question of Staff? COMMISSIONER O'DONNELL: Yes, just a moment. I’m going to add another name on the list here, and that will be Loretta Fowler, and before we get to Thomas Dunn, Vice Chair Kane has a question to ask of Staff. VICE CHAIR KANE: Mr. Paulson, in the extensive Conditions of Approval, should the project be approved they have to comply with all of these many, many conditions. Not having memorized them, 94, 95, so those conditions address some of Ms. Cathey’s comments about construction parking? There would need to be a plan for that? JOEL PAULSON: Construction management plan, correct. VICE CHAIR KANE: And the delivery trucks, is that in the conditions? JOEL PAULSON: That, I don't know, but I would defer to Ms. Armer. VICE CHAIR KANE: Are the garbage trucks in the conditions? JOEL PAULSON: Garbage trucks probably are not. COMMISSIONER O'DONNELL: Go ahead, please. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JENNIFER ARMER: Off the top of my head, I don’t remember that there is a specific condition about those aspects, but that is something that could be added. VICE CHAIR KANE: Thank you. COMMISSIONER O'DONNELL: Okay, Mr. Dunn. THOMAS DUNN: Hi, my name is Thomas Dunn and I live at 420 Alberto Way. I’ve lived in Los Gatos for 40 years, and I’m going to talk maybe a little bit about the human side and life side of how this is impacting us. What we enjoy here, and what I’ve enjoyed about Los Gatos, and especially Alberto Way, for all the several years I’ve been living there is that small town feeling, and I also enjoy and appreciate that quiet neighborhood. And it’s a friendly neighborhood. Everybody is friendly, and there are friendly residents on that street and in that neighborhood. The last thing is we have this picturesque view of the Santa Cruz Mountains, redwoods, sunsets. All of that is what we enjoy and what we appreciate about living on Alberto Way. I feel fortunate I can get up in the morning, wake up in the morning, see the sun sitting over on the mountain, shining off the mountain, kids walking to school, quiet, a few people driving. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The afternoons, a lot of us have home offices, and you talk about two years of construction with home offices on the street is not going to go well. But having home offices, we’re able to appreciate and enjoy the sun out there and being able to have the quietness and not the traffic, just talk to your neighbors as they’re walking their dogs, taking a break at lunchtime. And then in the evening, after you finally leave the 83,000 square foot 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. I’ve got some pictures; I’ll show and address that in a minute. You’ve got size and bulk of these buildings that have got to show on three different slides to be able to make that on that, and it just doesn’t fit into the neighborhood. My concerns about it, we’re going to talk about a small town, well, you’re going to have overcrowded. If LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you’re going to have 340 employees, and if they cut it up and are able to do bullpen type of setups in that office for high-tech individuals, you could have maybe 500 or 600 employees. That’s not small town. They’re going to be coming right down our street and in our face. The next thing that is going to happen is the quiet neighborhood. Cathy has addressed it. Bob has. Sherry, you’ve got 300, 400 cars coming down in there, and then at lunch time they want to leave and get into town, and at night come home? I’ll just stop there. Let me show you some of these pictures, and you may have questions on what’s happening now. The blue is the current, and you can see that it’s taken out all of the trees behind it, all of the mountains behind it; we’ve lost all the sight. This is continuation of this mass, 83,000 square foot bulk building, and that’s taken in blue if you can see that. It’s taken right to the top of the mountain. Everything we’ve wanted is gone. The last one is really the bad one. This is unobstructed view. This is 100% unobstructed… COMMISSIONER O'DONNELL: Pardon me; you have to stop now. I allow people a few seconds, but I can’t do more. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THOMAS DUNN: And that’s 100% lost. COMMISSIONER O'DONNELL: May I ask some questions? THOMAS DUNN: Sure, go ahead. COMMISSIONER O'DONNELL: Vice Chair Kane. VICE CHAIR KANE: It’s been said that some folks don’t want anything there. Are you one of those folks that want nothing there? THOMAS DUNN: You know, if you put one story and kept it to the same footprint, I think it would be ideal. VICE CHAIR KANE: So you know it’s commercial and you know something is going in. THOMAS DUNN: Absolutely. Let’s put it down to really the footprint and what you had recommended, between 40,000 and 60,000 square feet, maybe do one story. Make it fit it there. VICE CHAIR KANE: Thank you, Mr. Dunn. COMMISSIONER O'DONNELL: Commissioner Hudes. COMMISSIONER HUDES: I understand the concern about the views, and I spend a fair amount of time over there looking at the hills and judging from various perspectives. In your opinion, does the redesign address the views to any appreciable degree? LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THOMAS DUNN: Yeah, what it did, because in the orange netting you can see that it took out not only all of the mountains, but it took out half of the view way above the mountains. Now what it’s done is it’s removed the orange netting down to the blue, which now it just takes out all of the mountains, so all you see is the sky above that. COMMISSIONER HUDES: Okay, thank you. COMMISSIONER O'DONNELL: Okay, thank you very much, Mr. Dunn. The next card I have is Harold Vitale, but I’m going to add Sergey Melnik as the third speaker. So, Mr. Vitale. HAROLD VITALE: Good evening, everyone. I’m Harold Vitale, a longtime Los Gatos resident from 1973 through 2007. Since 2014 I’ve resided at the Commons. I’m a graduate of Stanford University with a master’s degree in electrical engineering and a career in the semiconductor industry. I’m now retired. My topic this evening is pedestrian safety concerns and the 401 building proposal. One of my therapies to restore full function after surgery is walking; I walk regularly. Currently, I walk along Alberto Way from the Commons, and then west along the north side of Los Gatos- Saratoga Road to University Avenue. Well, walking on Los LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Gatos-Saratoga and crossing the four ramps to and from 17 poses a problem for any slow walker. The Los Gatos-Saratoga right-hand lane borders the curb and sidewalk. Pedestrians are at risk as cars speed by them only a few feet from where they are walking and are at risk of being hit by a car or truck that bumps or jumps the curb. Increased auto traffic will worsen this hazard. It only takes one accident. 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. So why not walk on the other side of the street and avoid the driveways? It is now sometimes very hard to cross from the Commons to the east side of Alberto Way due to the recent introduction of 100 cars from the 475-485 offices; their tenancy has tripled in the last two months, so there are far many more cars going up and down Alberto Way. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We at the Commons think that the proposed addition of flashing beacons at the crosswalks on the ramps to and from 17 would be helpful. It would also help now even to have a walkway across Alberto Way so that we can cross from the Commons side over to the side and avoid those two driveways. My recommendation is that 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. COMMISSIONER O'DONNELL: Thank you very much. Commissioner Hudes has a question. COMMISSIONER HUDES: Thank you very much. I spent some time walking up and down the sidewalk over there, and I personally experienced I consider a very dangerous situation where the majority of cars entering 17 north didn’t pay any attention to me trying to cross that crosswalk, the majority, and part of the issue is that they were speeding up to get onto the freeway, and they also couldn’t see me and I couldn’t see them. So my question is if that crosswalk were perhaps farther east where it wasn’t around the bend as much, and there was better visibility in addition to the flashing LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lights, in your opinion, having walked that all the time, would that help with the safety of making that crossing if that crosswalk were farther east and there would be better visibility? HAROLD VITALE: Somewhat. However, there are four places where you have to have a walk across the ramp entry, and I find it difficult. I mean I have to be really cautious, because you can’t see around some of the curves on the ramps’ cloverleaves, and it’s hard. I can’t use that walkway anymore. I have to walk a little slower now, and if it takes longer to get across, you’re at risk of a car that you couldn’t see being right on you, and they go above the speed limit there. COMMISSIONER HUDES: Okay, thank you. We’re really dealing with only one of those four in this application, but I will have some questions for Staff and the traffic engineers about improving at least that first crosswalk, so thank you for your testimony. HAROLD VITALE: Can I say one more thing? COMMISSIONER O'DONNELL: Excuse me. I’m going to have to be fairly tight about this. You answer questions when you’re past your time, but you can’t go on. The reason I say that is I’ve got another at least 30 cards here, and that’s the rule. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HAROLD VITALE: I understand. COMMISSIONER O'DONNELL: I hate to be that way, but that is a rule. Okay, so thank you, Mr. Vitale. The next card I will call is Loretta Fowler, and I will add to this list Paulette Sato. So, Loretta Fowler. LORETTA FOWLER: I am a retired university professor who decided to move to a small town near my family after years of big city living. I bought a condo at Los Gatos Commons, a vibrant senior community and a quiet neighborhood. I was shocked by the story poles. The proposed project is too big for Alberto Way and even the wider neighborhood. The other general office buildings on Los Gatos-Saratoga Road are much smaller. The largest is 11,000 square feet, and the proposed project is about 20,000 square feet. On University between Lark and Los Gatos- Saratoga Road with a 35 mile per hour speed limit, the two- story office buildings are 20,000 square feet or less. One exception is 60,000. On Alberto Way the proposed building would stretch from one end of the site to the other. It is on high ground, so it looms over neighboring condos and dwarfs the condo developments and the two small businesses across the street. The developer has claimed that he reduced the LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 size of the building by reducing its cubic feet, but the square footage would still be 83,000, it would still be two stories, and one building is more imposing than two. He also proposes to add architectural features common on other buildings in the town, much smaller ones, by the way, but adding pop-outs, trellises, and one tones does nothing to reduce the size of the building or the impression of size. As the saying goes, you can put lipstick on a pig, but it is still a pig. So, we agree with Cannon Design’s letter in February and March 2017 that the revised building, “still reads as one large building without a breakdown in scale related to the neighborhood or Los Gatos small town scale.” We enthusiastically embrace Larry Cannon’s suggestion that multiple structures with small-scale modules and details would blend better with the neighborhood. A combined square footage of 45,000 we think would accomplish that very well. At least two Commissioners favored a size of 45,000 last August. Above ground parking could accommodate that scale of development. A large majority of residents from all four developments on Alberto Way signed a petition objecting to this large 83,000 square foot building. After a careful reading of the General Plan we are encouraged to believe LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that a new building must respect the character of the neighborhood and blend into it. Class A office space comes in different sizes, and we hope the developer’s desire for a particular level of profit will not take precedence over the quality of life of our residents or the identity of the existing neighborhood. Please reject this particular project. Another developer of this site may be more sensitive to the neighborhood. Thank you. COMMISSIONER O'DONNELL: Thank you very much. Just one second. Let’s see if there are any questions. All right, there are no questions. Thank you, Ms. Fowler. Next I will be calling Sergey Melnik, and I’ll be adding to the list Julie Thorne. SERGEY MELNIK: Good evening, I’m Sergey Melnik and I live at 420 Alberto Way, Unit 3. I oppose the currently proposed Alberto Way development. The development will increase the jobs to housing ratio, violating the ratio goal of 1.5 set in the 2020 General Plan Housing Element. The Los Gatos 2015-2023 Housing Element says on page 63 that in 2010 Los Gatos had approximately 2.15 jobs per household, while a healthy job to housing ration is typically between 1.0 and 1.5 jobs per household. Goal HOU-9 also sets the ratio to be maintained LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 at 1.5. (Inaudible) Policy HOU-9.1 requires (inaudible) applications that have a significant number of jobs in regard to the potential impact on the Town’s job to housing ratio. According to ABAG there is an expected increase in jobs in between 2015 and 2025 by 980 jobs, or 8%. The proposed site alone adds about 300-600 jobs. It alone would add between 10-30% of the ten-year growth in one development. The impact would be significant. Furthermore, it will highly impact local schools’ financing as the new employment in the service area leads to increased quotas for the new housing to be built in Los Gatos. California Housing Element law Title 7, Planning and Land Use 65000-66499.58 requires Los Gatos to add housing in sufficient quantity to allow the holders of new jobs (inaudible) into the town to live in town. Our school systems are at or near capacity, and state law limits the fees they can collect for the new students to a tiny fraction of .55 cents per square foot of what it costs to build classrooms for students that will be added after it is occupied as a result. As an example of cost per student, recent renovation of Lexington Elementary cost over $20 million and covered only 284 students, making it $70,000 per student. The average family is 1.7 students per household, so the school impact fees don’t even fund LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one new student and bring hundreds to the town. With the costs similar to Lexington at 240 students, it would require over $60 million in investments. Forty-three thousand square feet development will bring about $45,000 in fees collected, a fraction of the needed $60 million, and we well know that our schools are already underfunded. Thank you. COMMISSIONER O'DONNELL: Thank you very much. Are there questions of the speaker? If not, thank you very much, Mr. Melnik. The next person will be Paulette Sato, and I’ll be adding Melanie Kemp. I will advise you that at 8:45 we’ll take a ten-minute break, so you can look forward to that. All right, Ms. Sato. PAULETTE SATO: Hi, my name is Paulette Sato and I’m a middle school teacher in Los Altos, and I live at 420 Alberto Way. The Valley Transit Authority I understand has approved the funding to improve the traffic congestion, relief, emergency vehicle access, and pedestrian cycling safety; however, I think this needs to be completed before any construction takes place at 405 Alberto Way. I think one proposed plan would be to widen Highway 9, Los Gatos-Saratoga Road, in both directions, on both sides for there to be enough roadway to accommodate LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the amount of traffic that will be coming in and going out of this commercial building complex. Then there should also be additional lanes to serve as an off ramp to Route 17 going in both directions. As noted, this proposed plan or anything like it needs to be done before any construction occurs at 401 Alberto Way, because it could encroach on his property. In addition, Alberto Way, if not sufficiently widened, which I guess it will be to some extent to accommodate on street parking, I’m under the assumption that Mr. Lamb did not include in his plan the maintenance of the existing parking spaces for people living in Pueblo De Los Gatos. Therefore, the curve in front of his property should be straightened enough to elevate the flow and safety of traffic as well as to enable emergency vehicles in and out of Alberto Way, and to allow for at least some parking spaces that he’s taking away from the residents of Pueblo De Los Gatos. Furthermore, we would like to ensure that new development preserves and promotes existing commercial centers consistent with the maintenance of a small town atmosphere and image. It’s going to be concrete, and it doesn’t honor the current design of the town. It should be LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 designed in keeping with the small town character and charm of Los Gatos; that’s why we all live there. Lastly, we would like to protect existing residential areas from nonresidential uses by assuring that buffers are developed and/or maintained. Thank you. COMMISSIONER O'DONNELL: Thank you. Are there questions? If not, thank you very much. The next speaker will be Julie Thorne, and I’m going to add to the list Lewis Darrow. So, Ms. Thorne. JULIE THORNE: Hi, my name is Julie Thorne; I’m an owner at 420 Alberto Way, Los Gatos. I’m here to talk about the 2020 General Plan. Policy LU-4.2 says that, “to allow development only with adequate physical infrastructure,” and all the business. Los Gatos presently lacks the road infrastructure to support both existing and added traffic on Highway 9. The Highway 9 congestion stems in part by the two small lane road on Los Gatos Boulevard from Van Meter to Town Hall. Roads would need to be widened before increased development. This project generates far more public cost in infrastructure than its benefit to the community. A crown jewel for the developer, and a crown of thorns for our entire community. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I was watching a story on KQED the other day and it reminded me of Los Gatos. It was a time, post-World War Two, when developers were busy with plans to completely fill in the San Francisco Bay for building. It was going on. Can you imagine not having a city by the bay? Thank God some men and women in the community spearheaded a movement to save the bay. It’s just that our small town of Los Gatos is not big enough and doesn’t have the transportation infrastructure to support a building this size with all its cars. Even if 300 workers walked and rode their bikes to Alberto Way, there’s no safe way for pedestrians and bicyclists to cross over the 17 at Highway 9. We need a separate foot/bike bridge, not unlike the one behind the high school that connects to the back of Old Town; you know the one I’m talking about? I’m not saying development is bad; it’s a good thing when used right and in the right order. Infrastructure first. Let’s not put the cart before the horse, as they say. Thank you. COMMISSIONER O'DONNELL: Are there any questions? If not, thank you very much. The next speaker I have is Melanie Kemp, and I will be adding Maura Burns. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MELANIE KEMP: Good evening, my name is Melanie Kemp; I live at 174 Cuesta De Los Gatos Way in Bella Vista Village at the very end of Alberto Way. I’ve been a resident in this development for 18 years; I’m one of the original owners there, and I’ve served on the board of directors there for many years, and I’ve been involved in more than 20 real estate transactions there, representing buyers, sellers, or sometimes even tenants. As such, I’ve had a lot of conversations with a lot of my neighbors, perspective buyers who are concerned with both the size and the design of this proposed development. I do want to reassure the developer here that if he’s ever inferred that everybody here is totally opposed to any development whatsoever, it just isn’t true at all. I’ve talked with a lot of these people and we very much look forward to a development that is smart and will add value to both our neighborhood and our community. We want to work with the Planning Commission here to make sure that they are aware, however, of an issue that we’ve been dealing with in Bella Vista Village for the past 18 years, and that is the issue of water runoff with the very high water table that we sit on. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Shortly after construction was completed some of the residents in our development started complaining about excessive water condition under their homes on the lower end of our development here. Under some of these homes there was actually a stream of water that was evident. A stream. After months of litigation and several engineering reports we learned that the problem was twofold. One problem was that there was an excessive amount of water runoff from the hill above us, up here. I know the Planning Commission is very familiar with this area because of previous hearings on Bella Vista Avenue, which is the street up here. For several years, and after numerous hearings, the Planning Commission has examined the effect this hillside has had on Bella Vista Village. On the upper elevations of our development you’re going to find sloping streets and retaining walls. The Bella Vista developers soon realized they had underestimated the amount of water runoff that flows from Bella Vista Village hillside, down through our development, directly down onto Cuesta De Los Gatos Way, and eventually ends up on Alberto Way. The first problem was exacerbated by the second problem, which was we sit on an unusually high water table. Let’s take a look at the map from Santa Clara County Water LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 District in 1962; it’s in your packet. You’re going to notice here in this area, the area in red here is 1-10’ below the surface level. I’m going to show you another map now, here, this one shows this development, and this map shows what has happened here in the past three years in the water level rising in this area. COMMISSIONER O'DONNELL: I’m going to have to stop you. I’m sorry, but the time is up. Let’s see if there are any questions. Vice Chair Kane. VICE CHAIR KANE: Ms. Kemp, what’s your point? MELANIE KEMP: The point is that there’s an excessive amount of water that rolls off of the Bella Vista Village development, rolling down Alberto Way; it’s at a low point there. It also rises, if you go up Alberto Way up to the highway. So we have a flooding condition on Alberto Way whenever we have rainfall now. VICE CHAIR KANE: How would this building affect that? MELANIE KEMP: When you have displaced water, when you have two levels of underground parking, that water gets displaced, it has to go somewhere; it’s going to roll downhill to Alberto Way. So Dr. Geissler’s hydrology report that you’ve already received, has said it’s going to be an LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 extra burden on the drainage system of Alberto Way. That water has to go somewhere. VICE CHAIR KANE: Thank you. COMMISSIONER O'DONNELL: Thank you very much. We’ll have one more speaker before we take our break, and that will be Lewis Darrow, and I’m going to add to our list here Jennifer Leibthal. So, Lewis Darrow. LEWIS DARROW: My name is Lewis Darrow, and my background is a project manager. I’ve been working currently on a project that’s very similar. It’s a 100,000 square foot for a big corporate institution. I’m very much in favor of good development. It has underground parking. This project is not consistent with blending into the existing neighborhood. It’s the wrong site. Development is good, but this is the wrong site. It’s out of scale with all surrounding buildings, its revised mass of 83,000 square feet paid no attention to Planning Commission’s last meeting where the Commissioners requested the developer to reduce the square footage by a third, and even that might not be enough, but that was a starting point. The developer, Mr. Lamb, indicated at a meeting at the Los Gatos Commons that anything under 83,000 square feet would not be profitable to them. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 What’s profitable to a developer, well, he’s not the only one there. This potential building could decrease the property values of the people living there. There are some 400 people living there, and this has a direct impact on that. The proposed building mass replaces a complex that was in scale with the surrounding community. They contributed to the community fabric; it had housing services or professionals and small businesses, which often contributed to the community. It’s being replaced by a massive building that will be off limits to the people who live on Alberto Way. It will add close to 400 cars-plus per day to a one-street entry that empties into Los Gatos Road, which is already a congested intersection at both morning and afternoon peak hours. If the mass and scale of the building is not enough, the fact the developer ignored the request to reduce the building size by a third is an alarming signal that he is not listening to the comments of the Town or the people who live there. The additional traffic created by this project will have very significant ramifications. It’s a single entry street with over 400 occupants with two additional office buildings at the other end of the street. The LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 developer claims to have had great success with the Netflix building, and I really agree, he did have great success, but this is the wrong site. This project is a small site surrounded by residential units, it’s on a corner of a congested intersection, you’re adding 400 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. When the Town closes Santa Cruz Avenue, where do you think all the cars are going to go? To the next exit down. And what do you think is going to happen with that intersection then all summer? It only takes a little common sense to know if you block the mouth of a river you get a mess behind it and you forever change the landscape in front of it. The proposed traffic movement at the intersection does not work. You have two narrow lanes from Alberto Way to Saratoga, which will continually be tied up by the cars trying to make the right-hand turn. COMMISSIONER O'DONNELL: Your time is up. Are there any questions of the speaker? Thank you very much. LEWIS DARROW: Could I add one thing? LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: How about ten seconds? Go right ahead. LEWIS DARROW: You made a comment about widening Alberto Way. COMMISSIONER O'DONNELL: I didn’t. LEWIS DARROW: Or somebody did, one of the Commissioners. Please think seriously about that, because cars speed so fast between the office building in back and the office building in front, and the older gentleman who had a question about walking across the street slowly, it’s going to be a very dangerous situation as cars speed up to try to get out of there. COMMISSIONER O'DONNELL: Okay, now there’s a question for you from Commissioner Hudes. COMMISSIONER HUDES: Thank you. I was one of the folks who were talking about widening Alberto Way. It’s not quite clear to me how much it has actually been widened in the current proposal, and I’ll have some questions for the developer. My question for you is if a development went into this location—and I’m not saying it’s going to be this size or another size—would you see a benefit in widening Alberto Way for some of the reasons that were discussed earlier? LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LEWIS DARROW: I think it would have to be very carefully done, because when you widen a street you’re going to give the propensity of increased speed, and with bookends of corporate offices where people are rushing to go in and out it’s a very dangerous situation for the people who live in the neighborhood. COMMISSIONER HUDES: Okay, thank you. COMMISSIONER O'DONNELL: All right, thank you very much. The next, after we come back from our recess, will be Maura Burnes, and then we’re going to have Jennifer Leibthal, and then we’re going to have Marilyn Basham. Thank you very much. We’ll take a ten-minute break. (INTERMISSION) COMMISSIONER O'DONNELL: All right, the next speaker is Maura Burns. MAURA BURNS: My name is Maura Burns and I’ve been a resident of 443 Alberto Way in the Commons for 11 years, and as an owner for the last seven. I moved there to care for my late mother who chose to live there because it provides safety, community, and support to otherwise potentially vulnerable senior citizens. I’d note that there are few such options in this area like this, a fact that is not likely to change for the better in the future given our current real estate situation. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The proposed two-story underground garage of this project first struck our group as a potential problem because of the nature of the soil and the high water table at the site. It was noticed that the ENGEO study upon which the EIR’s geology and soil section drew did not address the issue of otherwise neighboring properties being affected. This was surprising, because the General Plan Safety Element calls for this assessment. We had to hire our own expert, a civil engineer and hydrologist. As you saw in Dr. Geissler’s report, we face serious risk to our property if this underground garage is built, in the form of breaking pipes and cracking slabs. The ENGEO supplement responded to the Geissler report about potential damage to our properties by arguing that there is a low risk of damage and that damage is unlikely, but ENGEO cannot say that there is no risk to us or that such damage isn’t possible. We should not have to bear any risk due to this project. The financial loss and social disruption of the Commons and its neighboring homes due to such damage would be great. We urge you not to approve this project. Since I have time and speak too fast, I will add that I, too, disagree with Mr. Lamb’s assertion that the residents of Alberto Way want no development on this site. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We do want a more reasonably sized development that fits into the site. This current plan, however, does not. I’m not surprised that he would characterize our objections as unreasonable, however, as he is determined to get this project done at its current size regardless of our reasonable issues with it as it is currently proposed. Thank you. COMMISSIONER O'DONNELL: Thank you. Any questions? If not, thank you very much. All right, I’m going to call Jennifer Leibthal, and I’m going to add to the list here Dr. Peter Geissler, so he will be third. JENNIFER LEIBTHAL: Hello, my name is Jennifer Leibthal; I’m the owner at 120 Alberto Way. I wanted to first thank the Planning Commission for listening to the residents’ concerns today. I know your job is not an easy one, and I thank you for serving this amazing town. 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. My biggest ask is that you consider something directly out of the Town design guidelines. “The sensitive interface of commercial development with adjacent LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 residential neighborhoods,” and, “avoidance of architectural trendy buildings in favor of timeless qualities.” I feel that this new proposed building does not follow the intent of the Town design guidelines and General Plan regarding aesthetics in the following ways. Number one, maintain a building scale that is consistent with the Town’s small-scale image, existing small town feel, and General Plan policy CD-1.4, which states, “Development on all elevations shall be of high quality design and construction, a positive addition to and compatible with the Town’s ambiance. Development shall enhance the character and unique identity of existing commercial and residential neighborhoods.” This new complex is in no way compatible with the ambiance of the neighborhood. 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. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Number two, “Reinforce a special quality of the Town’s visual character and maintain a sense of place and views of the surrounding hills preserved.” In the General Plan Policy 1.1, which states, “Building elements shall be in proportion with those traditionally in the neighborhood,” and CD-1.1, which states, “New structures, remodels, landscapes, and hardscapes shall be designed to harmonize and blend with the scale and rhythm of the neighborhood and natural features in the area.” The hills of Los Gatos are iconic. As I drive around town I’ve always loved the views of the hills you get at every turn. The overwhelming commercial feel of this building will distract from the views as Los Gatos residents drive down Highway 9 into town. The structure will also distract from the beautiful views of residents of Bella Vista and those who often stand on Bella Vista Bridge to enjoy the open view towards downtown, in my opinion one of the most beautiful views in town. It will also distract from my view in my unit. This will directly impact the value of my property and that of other residents. Right now I have a beautiful view, and if anybody wants to come to my balcony you’re welcome to; it takes away the entire view from my unit. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I know that you have been responsive to residents’ issues in the past, and I hope that you will support this request. With your leadership and support I know a balance can be struck that will preserve the character of the residential neighborhood and enhance its livability. Thank you. COMMISSIONER O'DONNELL: Thank you. Any questions? Thank you very much. The next speaker will be Marilyn Basham, and I’m adding a name to our list: Carol Rosenberg. So, Ms. Basham. MARILYN BASHAM: Thank you. My name is Marilyn Basham. I’ve been a resident in Los Gatos since 1982, and I’m now a resident at Los Gatos Commons, which is 95% senior. I’m a part owner of a small business here in town since 1982. I’m a retired physical therapist with over 30 years of experience, and I have first hand knowledge and observation of the people and the seniors of Alberto Way. The EIR talks about the soil, the air, the water, but what have been missing is the people, and I want to give you that perspective. The Los Gatos Commons community is 95% senior and it’s situated on a dead end street. If the commercial development is approved, the only way out for us is through a construction zone full of noise, unexpected traffic LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hazards, and congestion. Seniors are cautious drivers, and the idea of competing with over 200 diesel truck trips a day is overwhelming. Many residents are already fearful that they’ll become physically and socially isolated during the 16 to 18 months construction period, and in the long term fear the isolation from continued traffic gridlock. Some of the residents enjoy walking outside, even if they have to bring along their oxygen concentrators, but they fear this pleasure will be prohibited with the particulate air pollution problems and noise from construction. Many of the residents on Alberto Way are on fixed incomes and cannot financially afford the repairs of cracked concrete and broken pipes. Even if the risk is low, the question is why should we seniors have any risk at all? Tonight I’m the voice for my neighbors with mobility issues who could not be here in person, but are opposed to this development because of its size and scale. I speak for all my neighbors when I declare the Commons is our home. The developers have other options. They can move on. We cannot. This is our home. We are asking the Planning Commission to insist that the development reduce the size to one half and keep 120 above ground parking places. The proposed garage is LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dramatically different than any other in Los Gatos. It is two levels, and never been done in Los Gatos, and it would be dug on a dead end street where the majority of the residents are seniors. Please, do not excavate on Alberto Way. It is the old streambed of Los Gatos Creek. Once water is hit, construction will stop, and we seniors will be trapped even longer on our dead end street. We’re asking the Planning Commissioners to allow seniors who have contributed their time, talent, and tax dollars to retire without isolation and fear in the town they helped to build. Thank you. COMMISSIONER O'DONNELL: Pardon me; Vice Chair Kane has a question. MARILYN BASHAM: Thank you. VICE CHAIR KANE: You said 95% are seniors. In your estimation, how many seniors are you talking about? MARILYN BASHAM: There are 110 units. Ninety-five percent of them are seniors. Some are single, and some are couples. VICE CHAIR KANE: And that’s just at the Commons? MARILYN BASHAM: That’s just at the Commons. VICE CHAIR KANE: Thank you. COMMISSIONER O'DONNELL: Any other questions? If not, thank you very much. The next speaker is Dr. Peter LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Geissler, and I’m going to add John Mittelstet to our list. Dr. Geissler has, I believe, acted both as a professional in submitting something to us, but as I understand it, you also live in the neighborhood, is that correct? DR. PETER GEISSLER: No, that’s not correct. No, I live in San Francisco. COMMISSIONER O'DONNELL: Oh, okay. DR. PETER GEISSLER: And although this is broadly San Francisco, I don’t have any special knowledge of the area with regard to the sociology. COMMISSIONER O'DONNELL: So you’re speaking on your own behalf, or others? DR. PETER GEISSLER: No, I’m here on behalf of many residents who have retained me to make comments regarding the ENGEO report. COMMISSIONER O'DONNELL: Fine. I didn’t mean to interrupt you. Thank you very much. Go ahead. DR. PETER GEISSLER: Thank you. My name is Dr. Peter Geissler; I’m the principle of Geissler Engineering. I founded the firm in 1978. I spent 20 years on the faculty at the University of California. I went to Stanford. I have a PhD from Yale. I have another PhD from the University of California, and I’m acknowledged to be an expert on the LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 issue of hydrology and liquefaction and soil subsidence in differential foundations of buildings. My primary concern here is really twofold. The first is the methodology that has been used so far with the EIR, and in particular I would like to ask the Planning Commission to rethink having their experts, never having visited the site, respond to the EIR. I think it’s inappropriate that your experts have never come to the site, and it was indicated in a recent correspondence, and I would like you to correct that. The second thing is that I would suggest that ENGEO be encouraged to go back and do fundamental science. They are relying on third party reports for the fact that there is no liquefaction potential here in these soils underlying this building. I don’t hold that opinion. I hold the reverse opinion. I think the alluvial fan, the alluvial deposits, that underlie the Los Gatos Creek in fact are quite susceptible to liquefaction. I’ve done calculations of differential foundation settlement. ENGEO has also done calculations of differential settlement. They predict that the building will settle differentially one side from another on the order of about a half inch, and I think their estimates are low. I do not agree with that. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Now, let’s talk about the issue of why liquefaction and settlement and cracking of the building is very important, and that is because this is a two-story underground garage. I’ve heard that there are 330 cars that are going to be parked there, and we’re talking about 330 people who drive their cars there. If the building cracks in the event of an earthquake, and it indeed is a submerged structure, potentially you’re looking at 330 deaths due to drowning. Water can come into the building readily. Thank you. COMMISSIONER O'DONNELL: That gives you another 30 seconds. DR. PETER GEISSLER: Oh, I see. COMMISSIONER O'DONNELL: And then we’ll have questions, I’m sure. DR. PETER GEISSLER: So fundamentally the issue that’s technically important is what are the soils like underneath this particular building? I hold the opinion it’s an alluvial deposit. In other words, the sands and the clays and the silts were deposited there underwater historically because of the location of the creek. ENGEO differs. I hold the opinion that there’s going to be liquefaction and settlement. ENGEO differs. I hold the LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 opinion that the building is going to crack and water is going to come flooding in. COMMISSIONER O'DONNELL: Okay; now we’ll get to questions. Vice Chair Kane. VICE CHAIR KANE: I’ve read your letters, Doctor, and the rebuttals and the rebuttals, and both sides are going back and forth, and it makes my head spin, because I don’t understand a lot of it, but if what you’re saying in your letters is true, my layman’s reaction is how can we build anything anywhere? DR. PETER GEISSLER: The answer to that question is the building above grade is not at risk. If you just eliminate the subterranean, submerged parking. VICE CHAIR KANE: So your issue is with the garage? DR. PETER GEISSLER: Only the garage. VICE CHAIR KANE: Okay, thank you. COMMISSIONER O'DONNELL: Other questions? Commissioner Hanssen. COMMISSIONER HANSSEN: I wanted to thank you, too, for your comments, and like Commissioner Kane I was kind of watching the flow of information going back and forth. So if I understand, your opinion is that the Applicant’s engineering consultants didn’t actually visit LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the site, so they might not have been as thorough as you are, so that explains the difference in your views. What I wondered is as I was hearing this I noted that the two-level garage was taking it down pretty deep. Is there a one-level garage underneath that could be feasible, or is it nothing…I think the water table was at 12’ underneath? DR. PETER GEISSLER: That’s a very good question. The water table varies, of course, during the year, and it varies from year to year. At the sort of normal rain conditions the range is probably from 10’ below grade to 12’ below grade, and of course in drought conditions it could be as deep as 18’ or 20’ below grade. Let’s say it’s 10’ or 12’. Can you build an underground garage and keep it so that the top of slab is above water? The answer is yes; of course it can be done. COMMISSIONER HANSSEN: And have you seen in your experience any garages built under the water table that hasn’t had issues? DR. PETER GEISSLER: Yes, I have, and I’ve built them myself, in fact. The issue really is building the building strong enough and rigid enough to arch over areas where there is soil subsidence. In other words, can you build a building so solid and so strong that even if there LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is some local movement of the soils below the building, the building will stay intact? It requires a slab thickness that’s about 4’ thick, and walls that are about 2’ thick, and good waterproofing, but yes, it is possible. COMMISSIONER HANSSEN: Okay, thank you. COMMISSIONER O'DONNELL: Commissioner Burch. COMMISSIONER BURCH: I just wanted to go through how you determined a couple of the opinions that you stated in your letter, one being the building settling. The Applicant has told us that the building would settle differently on each side, about a half an inch, and it’s your opinion that’s going to be different. I know a lot of us in here, just for the sake of everyone, would like to know what your opinion is on how you think the building will settle and why you think it’s going to be differently than what was stated in the Applicant’s package. DR. PETER GEISSLER: I must say that all calculations are built in assumptions and have a certain amount of judgment associated with them. My approach to the calculations and my judgment leads me to the conclusion that the differential foundation settlement is in excess, and I haven’t specified the exact amount, but if I were pressed on the point here I would say my estimates were about three times higher than the Applicant’s. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: All right, thank you. COMMISSIONER O'DONNELL: Commissioner Hudes, I think, was next. COMMISSIONER HUDES: Thank you. A number of areas. One with regard to in your letter you talk about upstream dam failure, is that correct? DR. PETER GEISSLER: Yes. COMMISSIONER HUDES: And you say that the most significant hazard is posed by the possibility of an upstream dam failure, is that correct? DR. PETER GEISSLER: The reason I say that is because the upstream dam failure is sort of an instant death situation. It’s not a matter of a little bit of cracking, a matter of a little bit of soil subsidence, but if there’s an inundation into a submerged underground garage, the chances of getting out are slim to none, so it’s a catastrophic result for the occupants in the garage. COMMISSIONER HUDES: So your concern about the dam is related only to the underground garage, is that correct? DR. PETER GEISSLER: Yes, that’s right. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: And so other underground garages within that area in Los Gatos would be subject to a similar risk, correct? DR. PETER GEISSLER: Yes, and I would express the same concern. COMMISSIONER HUDES: Are you aware of others? DR. PETER GEISSLER: No, I am not. COMMISSIONER HUDES: I believe there are several. One of the things in terms of understanding some of the language about possibility of a failure or risk in my mind is to understand…to begin to put these into at least rough quantification, and I think about trying to quantify the magnitude of the impact and the likelihood of the impact, because I think they’re related to each other. For instance, an extremely impactful event potentially in magnitude may have a very tiny probability of occurring. DR. PETER GEISSLER: Exactly. COMMISSIONER HUDES: You would agree with that? DR. PETER GEISSLER: Absolutely. COMMISSIONER HUDES: And so when you use the term possibility of the dam failure, are you considering it in that light? Are you weighing both the probability of the occurrence as well as the magnitude? LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DR. PETER GEISSLER: I’ll say it in my own words instead of just saying yes or no to yours, if that’s all right. COMMISSIONER HUDES: Of course. DR. PETER GEISSLER: My expectation is that the dam is perfectly safe but for a nearby earthquake, and of course we’re all familiar enough with seismology and the probabilities associated with earthquakes, but then once that dam breaks, then there is a 100% change of having a big problem as a result, and so it’s the combination of the severity of the consequence and the improbability of the initiating event that makes me still feel that it’s a concern, it’s a factor that should be taken into consideration. COMMISSIONER HUDES: With regard to the building settlement issue, I guess all buildings settle. This building is, I believe, an approximately 40,000 square foot footprint. How much is acceptable in a building that size? DR. PETER GEISSLER: That’s an excellent question. If there’s an underground garage, and then the building has a half-inch crack in it, how much water is going to come in and how fast is it going to come in. You don’t even need to do the math; you can sort of see it in LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your mind’s eye with the water flowing in the half-inch crack. Now, I’m not saying that a half-inch of differential settlement necessarily implies that all of that differential movement occurred exactly in the same place and there’s one half-inch crack. It might have been that there are eight sixteenth-inch cracks. But the point is that there is a lot of water that is going to be coming into the building, because it’s not just seepage from the subsurface seepage coming from the uphill neighbors, but it’s flowing in, it’s flooding in, because the building is submerged below the ground water, and so the question of how much cracking is acceptable, again, like that dam question, is it acceptable that we have a building that cracks and we’re having occupants in a two-story garage, and the building is maybe 14-15’ below the water table? Absolutely, it’s not acceptable. I want no cracks. COMMISSIONER HUDES: So zero cracks, zero settling? DR. PETER GEISSLER: Zero cracks, minimal settlement, but the strength of the building should be adequate to resist the cracks, even if there is a little bit of settlement. COMMISSIONER HUDES: I had one other area. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Before we get to that, Commissioner Janoff has a question. COMMISSIONER JANOFF: Having worked with engineers for many, many years, I understand that it’s impossible to design out 100% of the risks, and so that’s not what we’re asking for. But I do have a question regarding the risk of a one-level submerged garage versus a two-level. Most of the concerns you’ve raised have to do with the second level. If we were to limit the subterranean garage to one story, would you have similar concerns, or what would those concerns… DR. PETER GEISSLER: Much less, and so it boils down to the numbers again. The ground water table is, let’s say, 10’ or 12’ below grade. If the only floor of the underground parking structure were, let’s say, 8’ below grade, there would be no problem. COMMISSIONER JANOFF: Generally speaking. DR. PETER GEISSLER: Yeah. If it were 10’, it would be no problem. If it’s below 10’ and a crack occurred, you’d get a little standing water in your building, in your parking garage. COMMISSIONER JANOFF: If it were a single level, lower level garage, would you be recommending that they LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 beef up the thickness of the concrete similar to the way you’re asking for the 4’ if it were a two story? DR. PETER GEISSLER: Probably less so. COMMISSIONER JANOFF: But still more than… DR. PETER GEISSLER: But still more than the 1’ that has been recommended. I think that’s just wanton disregard for public safety. COMMISSIONER JANOFF: One more question on a similar but slightly different topic. We’re talking about catastrophic events in the form of an earthquake or a dam break. Let’s talk about the things that might not be catastrophic, but that would be reasonable to expect on a regular basis, let’s say, after we had a torrential rain season, such as we’ve just had, what the effect of that level of rain and rainwater and runoff has on a low level area. We’ve heard from public testimony that there is an issue with displacement of water and its effect on the neighboring houses and foundations. In your opinion, has the EIR taken into consideration to a satisfactory degree the impact of this development on the neighboring properties? DR. PETER GEISSLER: Not yet, but they could. It could be modified and addressed. That’s one of those things LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that are an addressable issue. It’s not a drop-dead concern, like what we’re talking about with flooding into an underground garage. Those issues of sight improvements, and raising up grade, and building a swale. For instance, on Highway 17 as you’re going north on the on ramp there’s a little tiny drainage swale on the right-hand side of the shoulder, and then there’s a little berm outside of that, and then it drops down again. And I think you’ll see in one of my correspondences, one of the recent letters, I think section 9 in one of the architectural drawings shows the very little protection that we have from runoff. I don’t remember what page it’s on, but you might remember that little vision. I put a little red circle around something that was obviously a deficient berm. But those things are addressable and those can all be fixed. If ENGEO is asked to go back, and the civil engineers are asked to go back and do an honest job of this and do a proper analysis, I’m sure they can do a better job and they’ll be able to address those sight issues. COMMISSIONER JANOFF: One last related question. If they are determined to have a two-level subterranean garage, does the effect of the displaced ground water on the neighboring properties get correspondingly worse, yes or no? LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DR. PETER GEISSLER: Yes. COMMISSIONER JANOFF: And is that on a relatively ongoing basis, or an occasional basis? DR. PETER GEISSLER: That’s an ongoing basis. It’s not just during the course of construction. COMMISSIONER JANOFF: Thank you. COMMISSIONER O'DONNELL: I think Commissioner Hudes was next. COMMISSIONER HUDES: My question was about the impact on neighboring properties. If you could maybe walk us through that, it sounds like there are several aspects of it, so I’d be interested to understand what impact you think this project would have on neighboring properties. DR. PETER GEISSLER: Well, let’s assume for the course of this next five minutes that we’re talking about a two-story underground submerged garage instead of a one- story, and assuming that ENGEO has been asked to go back and properly evaluate liquefaction and the differential foundation settlement and they come up also with a correct notion that their thickness of slab is about 4’, that means that the building excavation has to be approximately 25’ down from current grade, and of course they’re below water at that point, so the excavation that occurs has to be LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 associated with dewatering, and that dewatering is done by using sump pumps to draw the water in and excavate it out. So when you suck that water out, of course the water is going to be flowing underneath the cofferdam and coming from the uphill neighbors, and associated with that flow into the excavation the silts move away from the sand and you get a little bit higher permeability than ever before; it’s called a piping failure that’s occurring, and so there are what we would call well development that is occurring. As water percolates down below the cofferdam and into the excavation it causes a little bit of sort of micro soil erosion, so the next aliquot of water that’s percolating below the cofferdam has a little easier time, et cetera. So percolation causes soil erosion below grade, soil erosion below grade enables more percolation of water, and you end up getting a lot of water into this excavation. The net result of that dewatering is likely going to affect the uphill neighbors, and they’re going to see a settlement of their slabs. Some people might have the happy situation where their whole settling occurs uniformly, other people might have the situation where the downhill portion of their slab settles more than the uphill portion, and they get slab cracks. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Now, those kinds of problems are just during the course of construction. Once the construction is done, the water will come back up to its normal level, it will hydrate the soils and those slabs should come right back up more or less to where they were before. But it’s cracked the slab and it needs to be repaired, and the way in which it’s repaired is typically doing some epoxy crack repair of those cracked slabs, and it’s not difficult, but it’s expensive. It costs about $150 a lineal foot to do crack repair of slabs that have been cracked as a result of this problem. That’s the kind of thing that happens to the uphill neighbors. There might also be some sewer pipes that have a displacement. The downhill portions of the sewer pipe might be displaced a little bit more than the uphill portions. It might be that the 18” corrugated metal pipe that is the storm water drain cracks; it might be that the sewer line is cracked. All fixable, but it’s an economic cost. And of course you’re not doing these repairs on the developer’s side of the fence, you’re doing these repairs on the homeowner’s side a bit uphill. But there’s safety of concern. Those are not life threatening conditions, it’s just an economic loss, and it’s fixable. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: And those losses would be caused by this development? DR. PETER GEISSLER: They’d be caused by the dewatering that was necessary for the construction to occur. It’s only during the construction phase that those problems occur. COMMISSIONER HUDES: Thank you. COMMISSIONER O'DONNELL: Commissioner Burch has a question. COMMISSIONER BURCH: Is what you’re referring to the item on page 6 that’s called the radius of influence, or is that in addition to the influence, I guess, that would be occurring during the construction? DR. PETER GEISSLER: No, that is exactly the radius there. It’s obviously localized, but it’s not as localized as you would like. It affects uphill neighbors more that are close and less that are farther away. COMMISSIONER BURCH: Understood. Thank you. COMMISSIONER O'DONNELL: All right, I think that concludes our questions of you. Thank you very much. DR. PETER GEISSLER: Thank you. COMMISSIONER O'DONNELL: The next person I will call is Carol Rosenberg. I’m going to add to our list Victoriya Rufanova. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CAROL ROSENBERG: I’m Carol Rosenberg, a homeowner at Los Gatos Commons. My talk is strictly unscientific. When my husband had a heart attack two years ago we decided to move from San Diego to San Jose to be near our family. We knew nothing about the lack of affordable housing. When our agent found a residence not yet listed, it was in Los Gatos. We bought it. We loved Los Gatos. We loved Los Gatos Commons; quiet, safe, friendly. Even when my husband died two years ago I knew that I would stay in Los Gatos. With the specter of 401-409, now I wonder can I handle the stress of the increased traffic, the noise, and the pollution for three years? Is there a solution? I’m an anxious person. Perhaps there is. On page VIS-3 of the General Plan of the Town of Los Gatos, we read, “The benefit of new development is measured against the ability of the proposed development to harmonize with the existing development while minimizing impact on existing residential neighborhoods and infrastructure.” I assert that the proposed project 401-409 will not minimize, but rather exacerbate, the impact on the existing residential neighborhoods. The closing sentence of that paragraph states, “Input from surrounding residents and property owners is a LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 major consideration during any development review process.” I ask that the Planning Commission carefully consider our input and our concerns. Los Gatos Commons, Pueblo De Los Gatos, Bella Vista Village, and Las Casitas are a major asset to the Town, and the Town should protect them. COMMISSIONER O'DONNELL: Let’s see if there are any questions? Any questions? No. Thank you very much. So the next person is going to be John Mittelstet, and I’m going to add Jean Jones to the list. JOHN MITTELSTET: Good evening, I’m John Mittelstet from Los Gatos Commons. I’ve been a resident of Los Gatos since 1978. I feel up here a little like Churchill must have when contemplating a half full quart of scotch and said, “So much left to do, and so little time to do it.” The Applicant has spent the last month not trying to reduce his 83,000 square foot monolith like you asked back on August 24th, but asking his experts to counter the arguments we had at ready for the April 12th meeting. We Alberto Way neighbors still feel that though the Applicant’s experts continue to rely on what they term as low and very low risk associated with the planned development’s location, which is directly above both a recognized liquefaction hazard zone and a concealed fault LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rupture hazard zone as depicted on slides I have on the computer for your viewing later, that we should not be subjected to either the risks identified to our or to the public’s safety, nor to those associated financial risks that only we neighbors would bear five, ten, fifteen, or twenty years hence when an earthquake induced liquefaction sets off a chain of events that result in cracked foundations and broken pipes beneath our units, regardless of how low or very low those risks are considered by the developer. It was Edward Aldophus Murphy, Jr., an aerospace engineer in the forties and fifties who may have said it best when he said, “Anything that can go wrong, will go wrong.” We in this room, and all the residents of Oroville, know this to be true. Why should we, the residents of Alberto Way, be asked to bear any of the risks associated with this development, let alone put up with 16 to 18 weeks or more of unhealthy construction, stirred air, and impeded traffic, only to be left thereafter with an 83,000 square foot building that has no place on our quiet, lovely street. We respectfully ask that you deny tonight the developer’s proposal, and not certify the EIR, but rather ask that it be amended to reflect all hazards with suitable LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mitigations identified and re-circulated for the benefit of future developers. Do we have time to view the maps? 2002 fault rupture hazard zone and liquefaction hazard zone map slides from both the Town and Santa Clara County… COMMISSIONER O'DONNELL: May I point out, you have 30 seconds you can use any way you want. JOHN MITTELSTET: …and Santa Clara County both clearly shows the project atop each zone. These pink lines are the fault rupture hazard zones. This doesn’t show the blue, but the big thing surrounding the cloverleaf is a liquefaction zone, and that Santa Clara map and these Town maps both show the same thing, that we have that. So I’d close by saying, please, let’s not ignore Murphy’s Law in the face of this evidence of risk, be it small or great. COMMISSIONER O'DONNELL: Any questions? Thank you very much. The next card I have is Victoriya Rufanova. And I’m going to add Marietta Riney. VICTORIYA RUFANOVA: My name is Victoriya Rufanova, and I am an owner in Las Casitas, which is the closest site to the proposed construction, and I just want to talk about several concerns of our community. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 According to the hydrology report, as we all just heard Dr. Geissler explain it very well, due to excavation and dewatering of two-story garage most likely our property will get those settlements and cracks in the basement and pipes existing. And again, in the current proposed we don’t see the builder mitigate this story, and it looks like we as owners will be responsible financially for all fixing and restoration of our broken properties, and we are not happy with this at all. Another point, privacy issue, because we are the closest site, so the buildings which are directly adjacent to the proposed site, and they have bedroom windows right there. It’s like maybe as far as this site, and it’s very, very close, and they have like two-story building proposed, and second story windows. They will be looking directly into the bedrooms of our owners and occupants, and that’s not good. That’s not good. In addition, they propose to remove the wall between our property, and I assume that all trees will be gone, because they intervened with the old trees, so light, commercial lightening. And again, second story windows, they will be just directly across, like very, very close to our LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bedrooms, and it’s also a privacy concern for us. People not (inaudible), I believe. Another point, we have like about 20 kids in our property, and I’m not sure what the plan is to separate our residential property from the commercial one, but kids, they can do a lot of things which are unexpected, and with about 400 new people coming to town and 400 cars probably, maybe hopefully a little bit less, that’s a safety concern too. Overall, in Alberto Way we have about 60 kids going to elementary school every morning and coming back in the afternoon, and considering the longevity of the construction site, it might also be a safety concern for us. So, again, please think about this too, and if something can be done, please address it. It’s important. COMMISSIONER O'DONNELL: Thank you. Are there any questions? If not, thank you, again. The next speaker card I have is Jean Jones, and I’m going to add George Dailey. JEAN FARREN JONES: My name is Jean Farren Jones, and I live at 443 Alberto Way in the Los Gatos Commons. I’ve been a resident of the Los Gatos Commons for the past four years and I’ve enjoyed the many things in the town: the convenience of the library, the adult recreation LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 center, the concerts at the civic center, the Jazz on the Plazz, and all the shops and restaurants. The Commons is the oldest structure on Alberto Way, and it was constructed on farmland in 1977 and with a small town neighborhood atmosphere, and I’m concerned that the proposed plan for 405 Alberto Way will affect the quality of my life and all the residents on our little street. Before coming to Los Gatos I lived on the east coast, and I was a part owner in an excavating company, and I have an idea of the disturbance that the trucking and the excavating equipment and the demolition equipment can cause with the dust, the pollution, the noise, and everything involved, and I’m concerned about that and the pollution. I’m aware that something is going to be constructed there, and I don’t object to that. It was said that all of us object to having anything built there; that is not true. We know that something will be constructed there, but I’d like you to consider that we have been there for a very long time at the Commons, and I’d like to have you take that into consideration, and thank you for the time. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Any questions? Thank you very much. The next card I have is Marietta Riney, and then I’m going to add Kalane McDonald. So, Ms. Riney. MARIETTA RINEY: My name is Marietta Riney; I live at 449 Alberto Way, which is in the Los Gatos Commons condos. The Vision Statement of the 2020 General Plan for the Town of Los Gatos identifies, “Residents want to protect their community from the increasing development pressures of the region. Residents expect all new development to fit into the fabric of the community. Furthermore, new businesses will enhance their quality of life.” These vision statements are not being applied to the 401-409 Alberto Way project. The policies of the Land Use Element of the General Plan are designed to, one, “Protect existing residential areas from the impact of a non-residential development.” They are designed to prohibit uses that may lead to the deterioration of the residential neighborhood. They are designed to prevent an adverse impact to the public safety of the residential neighborhood. And they are also designed to discourage the broadening of the tax base as a sole reason for allowing new commercial development or approving a change in a commercial land use. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We are not seniors of yesteryear. We are active hands-on grandparents. Some of us run businesses. Some of us volunteer many hours at nonprofit community organizations, such as hospitals, libraries, and thrift shops. Some of our residents provide transportation to other seniors to get to doctor appointments, therapy appointments, and grocery stores. Some of us are legal advocates for Santa Clara County Juveniles. We are foster parents, and some of us volunteer at suicide crisis centers. Please do not discount the contributions that we make to our communities, and please, don’t make it such an obstacle to give back to our communities. I have one further statement. The attorney said that this developer has not asked for any real rule changes. I agree with that. Policies are not the same are rules, but some of these policies have been ignored. Thank you. COMMISSIONER O'DONNELL: Are there any questions? Thank you very much. The next card I have is George Dailey, and I will be adding Suzanne Noble. So, Mr. Daily, please. GEORGE DAILY: Good evening, Commissioners. My name is George Dailey, and I reside in the Commons on Alberto Way. I’m asking you tonight to deny the developer’s request for this project. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Like most developers, they’ll promise anything to get approval for their projects. They will always paint a pretty picture. They’re claiming that demolishing the existing buildings, hauling away the remains, digging an underground garage with dirt removal, and construction of a new structure won’t cause any adverse disruption in this tiny neighborhood. To say the least, it will be a total disaster and create great chaos for several years. Construction crews will have to provide flagmen to direct and divert traffic on Alberto Way, Highway 9, and entering Highway 17. I drive through these intersections several times a day, and at all hours, and I know only too well the traffic conditions residents endure daily. Compound these normal conditions with added construction traffic and it would be easier to fly to the moon than get out of our neighborhood. I’m 85, and too old to have to endure these disruptions. My suggestion to the developers is to abandon this location and to move it to the North 40 where it is more suitable. Thank you. COMMISSIONER O'DONNELL: Are there any questions? There are no questions. Thank you very much. The next card if have is Kalane McDonald, and I’m going to add Brad Martin to the list. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KALANE McDONALD: Good evening, ladies and gentlemen. Thank you for the opportunity. My name is Kalane McDonald. I live at 443 Alberto Way, and unlike all my neighbors I’m a new resident of Los Gatos. I actually moved from San Francisco six months ago. Why? Congestion, traffic, noise, difficulty driving on streets, cranes, too many Ubers, on and on. I love Los Gatos. Without this firestorm of this project I would never have gone to my computer to look up the 2020 General Plan for the Town of Los Gatos. It was adopted in 2010, as you know. I would like to read just a couple of statements from the Vision Statement. “Los Gatos is an oasis of calm within one of the major economic engines of the world, Silicon Valley. It’s truly a special place, and residents want to protect their community from the increasing development pressures of the region,” and it goes on. There were two sections that I pulled out of the plan just to address briefly. One was the Safety Element, which has been addressed extensively tonight, and in that section, which is Chapter 11, under Goals, Goal 1, “Will Policy 1.2 restrict new development and redevelopment based on the levels of acceptable risk,” et cetera, but the one that really, I think, pertains, 1.11, the last part, it requires LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 geologic and geotechnical expert reports, et cetera, and then it says, “To protect, as well, the existing residences in the vicinity from identified hazards.” And then the other part that I really appreciated was the Land Use Element, and there were a number of policy statements in that, and rather than read them all I could refer you to those, and I’m sure you use this General Plan as your bible when you make decisions, so I’d be happy to give you those. Oh, and I wanted to show you, I had to sign this. As you know, when you buy property, this is the disclosure report, and liquefaction is one of the things I had to acknowledge. But in closing, all I want to say is the final line of the plan. “The General Plan is the Town’s guide to achieve this vision,” the vision for Los Gatos. Thank you. COMMISSIONER O'DONNELL: Thank you. Are there questions? There are not, so thank you, again. The next speaker would be Suzanne Noble, and I’m going to add Angelia Doerner, and she is the last card that I have. I do have one card here that says two, but no name on it, so if somebody feels they’ve been ignored. So, Suzanne Noble. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUZANNE NOBLE: Thank you. My name is Suzanne Noble, and I live at the Commons, and I expect that to be the last address I have in Los Gatos after 57 odd years. Our attorney, Rachel Mansfield Howlett wrote a letter to the Planning Commission and submitted it last Friday. It was the last item of the Staff Report submitted to you on the 5th. Yesterday, on the 9th, the developer’s attorney rebutted Ms. Manfield Howlett’s letter, which left her with no time to do her own rebuttal to the Buchalter letter, so she asked me to read the following into the record tonight. On her behalf, I read to you: “The May 9, 2017 Buchalter letter misstates and misapplies the law concerning the adequacy of an EIR. My letter of May 4, 2017 correctly lays out the legal standard applied to the adequacy of an EIR as confirmed by the California Supreme Court’s decision in March of this year in Banning Ranch Conservancy v City of Newport Beach (2017) 2 Cal, 5th 918. The Supreme Court confirmed that the adequacy of the EIR is an issue of law decided de novo and is not the substantial evidence standard claimed by Buchalter. Claiming that all EIR issues are governed by the substantial evidence standard is common practice among the development community. The claim is false and ignores the LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 clear standard of review set forth in the cases cited in my letter. The Buchalter letter further claims that the evidence put forward by the Los Gatos community, their attorney, and their expert, amounts to unsubstantiated opinion. Again, this misstates and misapplies the law concerning what constitutes substantial evidence. Citizens’ testimony is based upon facts, reasonable assumptions premised on facts, expert opinion, and firsthand observations that are based on specific knowledge of the project site and its surroundings. Hundreds of published cases confirm that this kind of evidence constitutes substantial evidence and may not be discounted.” End quote. Thanks for allowing me to do this for Ms. Mansfield Howlett. I have a copy for each of you. COMMISSIONER O'DONNELL: Oh, thank you very much. Are there any questions of the speaker? If not, thank you very much, Ms. Noble. The next card I have is Clair Ferguson. CLAIR FERGUSON: Good evening, Commissioners. My name is Clair Ferguson; I am a resident of Los Gatos Commons on Alberto Way, and as a 40-year resident of the Los Gatos area and with 25 years of laboratory experience both in the medical field and the environmental field. It LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is the environmental impact of the 401-409 Alberto Way project that brings me here today to plead for the health of the residents on Alberto Way, half of which are seniors. In addition to the plain construction being stressful, potentially unsafe, and disruptive, my major concern is the environmental impact of the construction on the health of the residents. Although the EIR for this project was submitted, it was in direct conflict with the directive in the General Plan, Environmental Sustainable section, page 30-31, in particular the air quality section that states, “Senior populations are more susceptible to the effects of air pollution then the general population.” In other words, people with heart, lung, and circulatory problems common to senior populations are at risk. To address this concern Environmental Policy 12-5 states that, “Site plans should be reviewed to assess the potential adverse impact from air pollution.” The addition of 330 vehicles plus the diesel trucks used during the four stages of the project will exacerbate an already high level of engine emission compounds: carbon monoxide, hydrocarbons, particulates, NOx, and ozone. We are at the intersection of two major arteries, Highway 17 and Highway 9, and our homes at the Commons are within a few feet of Highway 17 where there are hours of LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 idling cars in stop and go traffic at least five days a week. We are already subjected to above average automobile engine emissions. Following are the health hazards for each of the five hazardous emission compounds from gasoline and diesel as described by Washington State Department of Ecology Emission Check Study. Carbon monoxide diminishes the blood’s ability to supply oxygen to the brain, heart, and other tissues, and results in great danger to people with heart problems, even some danger to healthy people. Hydrocarbon is identified by California Department of Health to contain benzene; it’s a carcinogen linked with leukemia. The obvious… I’m sorry, I have two others, but I’m going to run over time. Particulates, small size, allows them to bypass the nasal passage and go deep into the lungs, causing heart and lung damage. NOx combination of nitrous dioxide, related nitrous oxides contribute to ozone production and that causes harmful changes… COMMISSIONER O'DONNELL: Your time is up. CLAIR FERGUSON: …to breathing passages, absorbing oxygen… LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Excuse me, your time is up, but I think we’re all fairly well familiar with the difficulties… CLAIR FERGUSON: Can I make my conclusion? COMMISSIONER O'DONNELL: As long as it’s short. CLAIR FERGUSON: Okay. Obvious conclusion to be drawn: fewer vehicles, fewer pollutants, fewer health hazards; more vehicles, more pollutants, more health hazards. As this conclusion applies to us, the residents of Alberto Way, this project is an insult to our intelligence and hazardous to our health. We did not work hard to be able to live here at the Commons in order to have our health compromised. Thank you. COMMISSIONER O'DONNELL: Thank you very much. Let’s see if there are any questions. There are none, so thank you, again. The next to the last card I have is Brad Martin. BRAD MARTIN: Hello, my name is Brad and live at 435 Alberto Way, right next to the proposed project. I’ve written two letters to the Council on this. It’s too big in the Town. It’s too close to Town; it’s too big of a structure for that area. I talked to this gentleman. I was there once, and I said, “You know, I understand you want to get a big LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 building on here to make your money, but we’ve got a development across the street, the Los Gatos Lodge, that’s not going to stay that way. Eventually that will turn; it’s way underutilized. And the guy at the end of our street, his property is underutilized. And the hotel got a lot of square footage on their property somehow. You develop all those properties along with this one, and that’s going to be a nightmare intersection. It’s too big. COMMISSIONER O'DONNELL: All right, thank you. Are there any questions? All right, thank you very much. BRAD MARTIN: One more comment. COMMISSIONER O'DONNELL: Go ahead. BRAD MARTIN: Their artist’s rendering showed trees next to our property. If they’re going to put big redwood trees, all that debris is going to go on our property; it’s going to block all the light too. COMMISSIONER O'DONNELL: All right. Thank you, again. The last card I have is Angelia Doerner, our first speaker this evening and apparently our last. ANGELIA DOERNER: I’m proud to be a bookend. COMMISSIONER O'DONNELL: All by yourself. ANGELIA DOERNER: Angelia Doerner, proud resident of the Almond Grove and of Los Gatos. As I mentioned before, these people are my neighbors. What happens in LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 their neighborhood will happen next in mine and everyone else’s who are watching. I first really want to thank Mr. Geissler for the dewatering and liquefaction education that he just gave us. I found it extremely valuable, and through you, I’d like to thank the residents of the Commons or whoever else hired him and paid for him, and might even the Town to consider using him in the future, because of the clarity of his responses and the diligence in his work. Something reminded me here when we’re talking about the potential damages to neighborhood properties. When companies sell or get acquired, it’s very routine to set up litigation reserves or something that can be held for uncertainties, so that those monies are available and not given to the “sellers” until those risks are reasonably mitigated. I started thinking about that, and thought that a construction period escrow account type account, construction period plus a settlement period, settlement meaning settlement of the building, period, where funds of an amount to help mitigate these neighboring property issues might be used before those funds are released back to the developer. I believe that the things that were pointed out by Mr. Geissler and discussed through your Q&A are LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 significant enough to require modifications to the EIR, and at a minimum must be continued. If the developer does not make supplementary analyses, and I believe including those related to if a one-story were to be built based on the proximity of this to the creek, then the thing has to be denied. If modifications are made and quantified, you guys can still make additional Conditions of Approval providing some compensatory mitigation safeguards like the consequential escrow type fund. Something reasonable could be quantified using various actuarial scenarios that would provide some level of protection to surrounding property owners and could be held for a long enough period of time to make them feel a little bit more comfortable with what ultimately gets developed. Thank you. COMMISSIONER O'DONNELL: Thank you very much. No questions? All right. As far as I know, I’ve gone through all the cards, so we’re going to close. Oh, well, we’re not going to close. I forgot all about the Applicant. All right, please join us. You have five minutes of rebuttal. Those are the rules. To the extent there are questions you will have more time. ALICIA GUERRA: Thank you, Planning Commission and the public for the comments. I’m just going to run through really quickly some general comments and provide LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 some responses, and then I’m going to turn it over to ENGEO to address Dr. Geissler’s comments this evening. Specifically, there were some comments regarding construction worker driveway, garbage truck access, where are they going to park? There are conditions 102, 103, and 104 that address no construction vehicle parking on the street, that the Town has already required that the project address, plus there’s also the requirement for a construction management plan, which we’ve addressed since August of last year. Those deal with those specific issues. Parking will be provided onsite, of course, for any tenant use and construction vehicle traffic. Staging will occur onsite as well. With respect to crossings, there were issues related to pedestrian crossing from the Commons to Alberto Way and crossings on the northbound on ramp. Condition 80 speaks to the requirement to provide improved pedestrian access, including signage and lighting for that. With respect to the Commons and Alberto Way, as was provided in information before, there are improvements associated with Alberto Way that will facilitate both pedestrian and bike access, so that addresses that concern as well. Regarding the comments concerning the jobs to housing ratio and how this project violates the General LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Plan policies concerning the jobs to housing ratio, under the EIR discussion about population and housing impacts this project was found to be consistent with the General Plan projections, so there are no impacts, there is no violation of those provisions. Related to VTA approving funding prior to completion of this project, what VTA does, what Caltrans does, with respect to regional improvements, those impacts have been addressed. In fact, as a CEQA matter, reasonable worse case impacts were already evaluated through this EIR. There were no assumptions about improvements that have not yet been completed as part of the baseline road improvement conditions, meaning that the worse case project impacts were assumed, and we didn’t assume that somebody else was going to fix the impacts. The impacts truly represent what the impacts of the project are, and the project is required to fix its impacts, so those issues have been addressed. With respect to the displaced water, surface runoff, Dr. Geissler’s comments, I’m going to let ENGEO and also Kiren Wright address those technical issues. With respect to any transportation related impacts, Gary Black can also address those concerns. Then finally, I just want to clarify something, and it concerns me that I think some of the comments of a LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 legal nature have kind of obviated what CEQA actually says. The statute says that analysis is supposed to be based on substantial evidence. When decisions are brought before the appeals court, the appeals court reviews them de novo, but the analysis itself is based on substantial evidence, and the reason for my letter was speculation and all these worse, worse, worse case conditions, that’s not what CEQA calls for; it calls for a reasonable person standard based on facts, opinions supported by facts, expert opinions, and even if you have a disagreement among experts, it doesn’t invalidate the analysis that has already been done, and in fact, in this case you have not only technical consultants who prepared analyses based on the rules that the Town applies, as well as every other agency in the State of California when it comes to preparing an EIR. You also have taken into consideration the case law that informs that process. You have the Town’s peer review consultants and you have the Town’s own staff reviewing this, so it’s not like all of a sudden on some other day some judge gets to decide no, I disagree with that. Everything has to be based on facts, and so I’m going to turn it over to the technical consultants to address that, and then Mr. Lamb also had a couple of comments just related to the specifics about the project. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Note that you have 30 seconds left. ALICIA GUERRA: Okay. COMMISSIONER O'DONNELL: Let me just say something, and let’s kill the clock for a minute. It’s clear to me—at least I think it’s clear to me—that we’re going to have a number of questions, so once the five minutes are up the Commissioners will have the opportunity to direct any questions they want to any of your experts, so even though 30 seconds is an awfully short time, your presentation will be over in about 30 seconds, but we will be asking you questions, so hopefully that will work out for you. I realize everybody has put a lot of time into this, so finish your 30 seconds. ALICIA GUERRA: I’m done. Thank you very much, though. Do you want to just say something? RANDY LAMB: Well, one, thank you for being here, and for Peter Geissler, thank you for coming and saying hello. You’re right, we don’t agree, but we can still agree that we both have our opinions, and we can be friendly and we can go that route. I want you to take a good look at the consultants in this room. They are some of the finest, most sought after consultants in California, let alone our own Bay LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Area. These people don’t wake up one day and say gosh, I want to be a hydrologist, or gosh, I want to be a civil engineer. These are people that we have used for 20-25 years. In fact, the Town uses many of the same consultants. Not only are the consultant discussions that you have seen of I think John suggested we had battling consultants and this and that going on, we had such a fire… We were drinking water out of the fire hose as all these comments came from the neighbors. And I want to thank every one of our consultants that stepped up, took a very high level, answered everything as they should have. But I want you to know they are the best. That’s why you hire them, and that’s why we hire them. COMMISSIONER O'DONNELL: Thank you, your time is up. Now, I’m going to encourage my fellow commissioners to ask questions, and I’m going to start with Commissioner Burch. COMMISSIONER BURCH: This is for Mr. Lamb, please. I know we’re going to have a ton of questions for all the experts, but I’m going to ask a very high-level quick question that has come up multiple times. Is your hardline the lowest you can go on the square footage related to this 83,000 square feet? RANDY LAMB: Yes. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: Below that, you’re not… RANDY LAMB: Yes, I’m not interested. And that would include the two stories of underground parking. COMMISSIONER BURCH: May I ask a follow up question to Mr. Kirby related to that? COMMISSIONER O'DONNELL: Sure. COMMISSIONER BURCH: In your review of the building and how it’s situated on the site and the two stories versus one stories, I’m sure you’ve done more renderings than you care to. Is there any situation on this site with the building where this could be compiled in a partially single-story/partially two-story—which I’m asking that specifically because of some of the view questions, so I’m sure you know where I’m going with this—that would enable the Applicant to meet the square footage that’s required for this to be financially feasible, yet would allow for a design that met the needs of the neighbors? I’m not even addressing the parking garage; that’s a whole other story. I’m talking about above ground at this point. DAN KIRBY: The short answer to your question, Commissioner Burch, is that the only way to reduce the visible impact of this building any further is to reduce the square footage, which is apparently not an option with our client. So we have done everything in our power by LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pushing the building back to the rearmost setback line, by going to a concrete structure to reduce the… We’ve minimized the floor-to-floor heights, we’ve minimized the amount of roof, mansard roofs, that we need to conceal the HVC equipment. COMMISSIONER BURCH: No, I appreciate the articulation. DAN KIRBY: We worked with our civil engineer to depress the building down as far as we can, we’ve done through all of that exercise, so I just don’t see… COMMISSIONER BURCH: I totally understand. DAN KIRBY: Anything you do to increase height or reduce height elsewhere is going to increase height somewhere else, so it’s kind of… COMMISSIONER O'DONNELL: Do you want to rephrase the question, or… COMMISSIONER BURCH: No, no, no. COMMISSIONER O'DONNELL: You’re all right? COMMISSIONER BURCH: I totally understand what he’s saying and I appreciate the articulation you put into it. DAN KIRBY: Did my response made sense to you? COMMISSIONER BURCH: Perfectly. COMMISSIONER O'DONNELL: As long as it did. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: I speak Dan. COMMISSIONER O'DONNELL: Commissioner Hudes. COMMISSIONER HUDES: Thank you. I have a follow up to that. What’s the square footage of the existing office building? DAN KIRBY: The buildings that are there onsite now? Thirty thousand. COMMISSIONER HUDES: Thirty thousand? And how much of that 30,000 is below grade? DAN KIRBY: Of the existing buildings? COMMISSIONER HUDES: Yes. DAN KIRBY: None, as far as I know. Underground? COMMISSIONER HUDES: So are you aware that you have to step down below the grade of the parking lot? DAN KIRBY: Oh, I’m sorry, you’re talking about the existing buildings. Yeah, correct. Twenty-percent is below grade. COMMISSIONER HUDES: And in your design have you considered a similar design where part of the building would be below grade, as it is now? DAN KIRBY: We did consider that. One of the options was to depress the grade level down 4’ below grade. The concern there is that it makes the building more difficult to lease, because we don’t have the floor to LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ceiling windows that most tenants are demanding in commercial Class A buildings. So we did talk about that at one point, and it wasn’t viable from tenant marketing standpoint. COMMISSIONER O'DONNELL: Vice Chair Kane. VICE CHAIR KANE: Mr. Lamb. I guess I was just quite taken aback. I wasn’t prepared for what you said. Commissioner Burch said is 83,000 your line in the sand, and you said yes, and we’re going to do a two-story garage. I don't know where to go from here with that. I mean we’re both negotiators, I think, and you just told us that the motion we made back at the August 10th meeting, which was quite extensive, which seems not to have been addressed, is definitely not going to be addressed, is that what you’re saying? RANDY LAMB: What wasn’t addressed? VICE CHAIR KANE: The motion was, “Return with a significant reduction in scale and size of the building, perhaps by one-third. Examine moving the building away from the residential. Maintain the LEED certification on the underground parking site. Reexamine the traffic safety measure immediately adjacent to the site, with particular attention to straightening and widening of Alberto Way. Work with Staff to approximate a Complete Streets concept. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Work with Staff and Caltrans to improve visibility at Highway 9. Increase conformance with the Commercial Design Guidelines, all of Section 1.4,” and as you’ve heard many times tonight, General Plan Policies LU-1.8, LU-6.5, “Incorporate…” It goes on and on and on, and you’re saying 83,000 is it, boom. RANDY LAMB: I would tell you with a straight face that we did 80-90% of those. Let me just go back to… VICE CHAIR KANE: I’m going to interrupt, because… RANDY LAMB: Can I answer the question? How about if I answer the question? VICE CHAIR KANE: Yes, sir. ROBERT SCHULTZ: The answer to the question is in my opinion we did 80% of what was asked. We were asked to take a third of the square footage off the building as an arbitrary number. We’re already building within what the envelope allows. Thirty-five foot height, two-story project, and 50% coverage. We’re now 9,000 square feet less than that, we’re 5’ and 6’ below that, we took 25% of the mass and volume out of this building, which was what we asked, which if Jennifer wants to show you again, you can take a look at the blue versus the orange tape out there for the story poles, and you can see what was done. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We did the Complete Streets, the bike lane, and the traffic safety. What else was there? Reduction of the size of the excavation of the garage. We took 58 stalls out. Chair O'Donnell asked if we could provide surface parking on our site, one, to offset any of the street parking that was there, but also for the restaurant that’s across the street for overflow, what have you. We jumped from seven stalls to 42 stalls. And we did straighten the frontage. We do have three dedicated lanes out front on Alberto Way. We have a bike lane. We have a bike box. We are also committing to having communication from Los Gatos Boulevard to Alberto Way. What didn’t we do? VICE CHAIR KANE: Make the neighbors happy. COMMISSIONER O'DONNELL: Yeah, we don’t want a colloquy. RANDY LAMB: Well, okay. VICE CHAIR KANE: No, I’m serious. Eighty… COMMISSIONER O'DONNELL: You know what, Michael? We’re not going to have a colloquy here. You can ask a question. You can answer the question. RANDY LAMB: Yeah. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Then we’re going to move on. Okay. So, are there other questions? Commissioner Hudes. COMMISSIONER HUDES: I had some questions about one of the items that was requested, and that’s the widening of Alberto Way, and I had difficulty understanding how much that’s been done and where it’s been done. I guess I’m referring to C-2.0, and could you tell me how much it’s been widened and what length the widening has occurred? DAN MITCHELL: I’m Dan Mitchell with Kiren Wright Engineers. COMMISSIONER HUDES: Is that a document that we have? DAN KIRBY: Yes. COMMISSIONER HUDES: Which one is that? DAN MITCHELL: I know that we were trying to straighten it out. We wanted to widen the road to allow for… COMMISSIONER HUDES: Excuse me, is that a document that we’ve been provided, or do we go by C-2.0? JENNIFER ARMER: Exhibit 41 has that as its last page. COMMISSIONER HUDES: Okay, great. Excuse me, let me just try to find that. Is that before the plans? LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JENNIFER ARMER: It is the last sheet of the project information sheet prepared by the Parks and Public Works Department as Exhibit 41; it’s attached to the May 10th Staff Report. COMMISSIONER HUDES: Okay, thank you. Go ahead. DAN MITCHELL: In an attempt to straighten Alberto Way out so you have a little more visual, I guess, so you could see upcoming traffic, the intersection, we have pushed it back; I believe it was about 3’. Instead of more of an arc, we put in a little more of a straight line, so it’s a straighter shot in the frontage of the property. This also allowed us to add the bicycle lane and be able to have the appropriate width for the… COMMISSIONER HUDES: Along that length, could you indicate where that 3’ occurs? Is it the entire length from the property line to Highway 9? DAN MITCHELL: Yeah, let’s see. I believe it’s about the first driveway, and it varies all the way up around here, and then at the very end it ties back into the original property line. COMMISSIONER HUDES: Where the hydrant is, or at the property line? Does the 3’ continue along the whole length from the property line to the driveway? LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DAN MITCHELL: It varies back basically from three… When it hits the final driveway up here, it varies back to zero. COMMISSIONER HUDES: How much wider is Alberto Way at the intersection with Highway 9? DAN MITCHELL: Which portion? COMMISSIONER HUDES: The intersection of Alberto Way and Highway 9. DAN MITCHELL: Oh, right here? COMMISSIONER HUDES: Yes. How much wider is it at that point? DAN MITCHELL: Yeah, I’m not sure. I know we pushed that back. COMMISSIONER HUDES: Okay, thank you. COMMISSIONER O'DONNELL: Commissioner Hudes, you’re finished at the moment? Okay, Commissioner Burch. Oh, and we’re going to take a recess in a few minutes. One of the Commissioners has a very bad back, so we pause occasionally so we won’t have somebody crying up here. All right, Commissioner Burch. COMMISSIONER BURCH: I get cranky when my back starts hurting really bad. I had a question on that same vein, but I think maybe Hexagon may be able to answer my LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 question concerning the widening of that road, because I’ve heard both sides of this story. So as we widen we somewhat straighten out that curve. I obviously see a lot of benefits to it, but at the same time, I’ve driven up and down that street and people do drive excessively fast on it. Do you think that by straightening that out and widening it we may be opening ourselves up to more excessive speeding, or do you think that honestly it will maybe fix the problem where sometimes people speed up a little bit more on curvier roads? I want to make sure we’re solving the problem for the residents when this goes forward, so I want to make sure that this is the right solution. GARY BLACK: Well, there are a lot of tradeoffs in road design, as I’m sure you can imagine. You make the road wider, you solve some problems and you create other problems. This is a fairly minor treatment, so I don’t think it would be very much perceived by the driver that this road looks a lot wider now. It may even be perceived as being narrower, and we need to look at the perception in addition to the reality, because what we’re doing is we’re painting additional lanes on there. We’re painting a bike lane, we’re also painting the turn lane, so the lanes to LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the driver will appear narrower, and so that kind of offsets the facts that the street is slightly straighter. It’s only slightly straighter; you can see that it still has a curve in it, and it’s slightly wider, but I imagine to the driver it will look a little bit narrower. COMMISSIONER BURCH: All right, thank you. COMMISSIONER O'DONNELL: I’m going to ask a question. I want to ask your hydrologist, or whoever is responsible for your hydrology, we’ve had a black and white comparison here, and you’re all credible, because I am not an expert, but I’ve heard a wonderful exposition here. I would like to get the other side’s exposition, because they can’t both be right. So if you would allow your expert to take the microphone and explain to us, for example, we’ve had some illustration that if you draw down water while you’re putting in the two stories, you’re going to have an effect in the area, which to a layman at least makes sense. You’re going to be sucking water out, and if you suck water out, you’re going to be bringing other water in, and you’ve heard the whole conversation. One, do you agree with that? And two, if you do, or if you don’t… Well, let me put it this way. If you do, LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what steps, if any, would you take to avoid the consequences? JANET KANN: Sure. Just introduce myself. I’m Janet Kann with ENGEO. I’m a geotechnical engineer and engineering geologist; I’m registered in both, having worked on many different projects in the Bay Area in the past 14 years. I’ve built several basements in San Jose, San Francisco, and down the Peninsula; underground water too. Dewatering is a basic understanding of engineering properties where you create a draw down cone, as explained by Dr. Geissler, however, the cone could be controlled by pumping rates. There are a lot of properties in San Francisco specifically where there are zero lot lines, and builders are building deep foundations and drawing down ground water too, so this is a known problem with known engineering solutions. One way to do it is create a pumping rate that doesn’t create a big enough draw down cone. The draw down cone size is determined by the depth of dewatering. What we are assuming here is a high ground water level at 12’. During construction, where in the summertime usually the ground water level would be lower, so all we need to do, say, for instance, if the ground water is 15’ deep, we only LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 need to draw down 15’ of water rather than ten to the bottom of the… So the column of water you need to draw down is lower, so your cone of influence is also smaller. So by controlling the amount of water we’re dewatering, that will reduce the impact from the property to the neighbors. There are other methods, including installing a cut-off wall, a soil cement (inaudible) wall along the property line, and that creates basically an impermeable barrier within your excavation and you only dewater in your excavation, so you’re not drawing down any ground water outside your barrier wall. So we look at a lot of different conditions, and we do need to do that evaluation before construction, because this is part of the shoring and dewatering plan that typical excavation projects have to go through, and these are solutions and conditions that we need to look at to make sure the draw down cone does not impact any neighboring properties. COMMISSIONER O'DONNELL: So let me understand. With your experience with other jurisdictions, do they actually then impose upon your permits this kind of restriction so that one could evaluate what the cone of influence is going to be, and/or use the wall that you have described to us? LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JANET KANN: Yes. COMMISSIONER O'DONNELL: So that’s something Los Gatos could do, in your experience? JANET KANN: In areas where you need to dewater for construction monitoring, it is very common to install piezometers around the perimeter to basically monitor the draw down, and as an electronic device that sends signals to engineers. There are several thresholds, and if the threshold is starting to alarm but is not hazardous, we get an alert on our cell phone right away. So we evaluate these draw downs and we basically stop construction whenever there is an unexpected draw down that could potentially impact other neighbors; we stop dewatering. And these are very typical construction monitoring processes that most projects in the Bay Area implement. COMMISSIONER O'DONNELL: All right, one other question then. One comment was that your proposal for the floor, I guess I would say, of the second level of the garage as mentioned, I forget how thick it was as proposed, but the good doctor was suggesting it should be at least 4’. Do you have any comment on that? JANET KANN: Let me quickly respond. COMMISSIONER O'DONNELL: It’s nice to have you respond. Thank you. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JANET KANN: From a geotechnical standpoint we evaluate settlement and potential ground loss. We did run our analysis using the guidelines that all engineers in the Bay Area use, and we came up with a ½” differential in a total of 1” settlement, and these are design criteria, so the structural engineers are required to design a mat foundation that has to span a void underneath the mat, and they might come up with 12”, 14”, or 4’ in extreme cases, but the thickness is determined by the amount of soil support and also the amount of settlement underneath it. In our case, for a ½” differential settlement, these are actually very minor. Most homes can tolerate 12”, including most single-family homes’ mat. The thickness of the mat is highly dependent on soil conditions. COMMISSIONER O'DONNELL: The comment was, however, that as I understood it, most of the experts have never visited the site. Now, I realize that’s not always necessary, but on the other hand, the testimony has been because historically that was a creek bed, and that creek bed had flooding, and therefore there was an alluvial fan there, I suppose, that you can hit water fairly shallowly. I’m just wondering if what you submitted to us is the final opinion, or are you saying some further work is done? LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JANET KANN: No, it’s our final opinion, and we review historical photographs that are geo-referenced, and also to scale, so we can accurately overlay the site over historical photos where there might not be roads or identifiable structures to locate the site, and by reviewing all these photos back 50 years we didn’t observe any signs of the creek flowing through our site. The creek has been rerouted, we acknowledge that, we can see that, but the creek… COMMISSIONER O'DONNELL: Well, it’s a concrete channel. JANET KANN: Yeah, it’s a channel. COMMISSIONER O'DONNELL: Do you know when that channel was put in? JANET KANN: No, it’s a creek that flows, and then the creek got rerouted. COMMISSIONER O'DONNELL: But it flows within the channel unless it’s an unusual flood season, and before the channel was put in we did have more flooding; it’s part of the reason the channel was put in. So I’m wondering if you happen to know when the channel was put in? JANET KANN: Typically our practice is to review historical photos, which I don't know if we have it on LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 exhibit, but I believe we included them in our response letter. It is in there? COMMISSIONER O'DONNELL: All right, that’s enough questions from me. Yes, go ahead, Commissioner Janoff. COMMISSIONER JANOFF: Just to be clear, you’re saying that your analysis tells you presently that the 12” concrete mat is sufficient, but there’s a subsequent analysis from a structural engineer that’s going to confirm that, or the structural engineering analysis has been done? JANET KANN: As far as I understand, our design parameters have already been applied by the structural engineer and the 12”… Oh, not yet? Oh, sorry. DAN KIRBY: I think there’s a very important basic point that needs to be made here to the Commission as well as to the neighbors. We have not engineered this underground garage yet; that all comes after the entitlement phase. What you’re looking at right now is a design proposal, and we will take the recommendations of the soils report and then we will engineer the garage, so it hasn’t been done yet. COMMISSIONER JANOFF: Okay, follow up question. If it turns out your structural engineer agrees with Dr. Geissler in that there needs to be a 4’ pad in order to support the structure as well as the hydrology of the soil, LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would just the sheer construction cost of having to install a 4’ concrete pad be prohibitive? This is probably a question for Mr. Lamb. DAN KIRBY: It won’t be prohibitive, and I can assure you, it will not be 4’, because I’ve done dozens of these. The largest amount I’ve ever designed for a three- story garage under the water table was 3’. COMMISSIONER JANOFF: That’s question number one. Question number two, if you have to excavate three additional feet to get to a 4’ thick concrete pad to establish proper support over the soil that you have, does that not further exacerbate the ground water dislocation that is already considered to be a problem with just your 12” pad with a two-story subterranean garage on the neighboring properties? Am I making sense? DAN KIRBY: Yeah, you are. It does make sense, and the answer to the question is not if the proper dewatering is executed in terms of flow rates. COMMISSIONER JANOFF: I’m not talking about during the construction phase, my question for Dr. Geissler was two part, one not during the construction but what are the ongoing concerns of having displaced that much watery soil on the surrounding properties? It’s not the construction phase, but subsequent. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DAN KIRBY: As Dr. Geissler indicated, once the construction is complete and the garage basement is completely waterproofed and constructed, the dewatering is deactivated and the water table restores itself back to the same condition it was before. COMMISSIONER O'DONNELL: Let me stop this for a second. I don’t think we’re through, but I did promise that we would take a break, and so I would like to keep this as close to five minutes as we can, but this is truly a stretch. (INTERMISSION) COMMISSIONER O'DONNELL: We’re beginning again. Now, we were right in the middle of some hydrological discussions, and I think Commissioner Janoff was questioning. I don't know if you’re finished, or if you have other questions. I know it’s hard to remember. COMMISSIONER JANOFF: I don’t even remember. I guess my question was that if the pad needs to be deepened for structural purposes—this really for the structural engineer who isn’t in the room; okay you’re close enough— then under operation, after construction, during operation, then the deeper, the two-story garage with 1’ or more concrete pad is going to present an ongoing problem for LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 displacing the water of the high water table to this surrounding neighborhood? DAN KIRBY: Basically what you’re creating is a bathtub within the water table, and once the dewatering pumps are turned off the water just encloses the bathtub. The bathtub is waterproof; water doesn’t get into the garage. COMMISSIONER JANOFF: But doesn’t Euclid say that when you displace water, if something else happens and you’re displacing that amount of underground high water table with a mass, and that water is going to have to go somewhere. I could have the wrong scientist. JANET KANN: I totally understand your thought. What you’re thinking is a pool where you put a box in, but this is not the case, because we dewater first, so the center of the area is already dry. We put the box in, we turn off dewatering, the cone of water is already just like right next to our excavation, so when we turn it off it flows back around our excavation and is stabilized, so we’re not pushing water up or down. This is a regional ground water condition and we’re doing a small excavation of a big region, if you look at it that way. COMMISSIONER O'DONNELL: Okay, I haven’t heard Euclid cited in a long time. Commissioner Hudes. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: I had two questions that were ones that were posed to Dr. Geissler. The probability of dam failure, in his report I know that it was also rebutted. Could you for the record tell us what you think, whether that is the most serious issue, the possibility of dam failure? JANET KANN: We include a potential dam inundation map in one of our responses, and I believe Dr. Geissler also referred to it. Half of the Town of Los Gatos is mapped within that inundation map, so if there is a catastrophic failure of the dam it’s a hazard to pretty much all the residents in the map zone. It’s not unique to basements; it could flood everyone. But the likelihood is low, because there are reputable consultants who evaluated the dams recently, and ran analysis after analysis, more exploration, and determined the dam is actually safe. I don’t know if we will be seeing an updated inundation map soon, but based on the studies, the dam is safe. COMMISSIONER HUDES: I understand that response, but particularly Dr. Geissler says, “The most significant hazard is posed by the possibility of an upstream dam failure,” which to me means that the other possibilities LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are lower than that, because that’s the most significant hazard. Do you agree that that the most significant hazard? JANET KANN: The most significant hazard? No, I don’t agree. I think the most significant hazard is the liquefaction, because liquefaction could happen at a higher frequency than dam failure, and already mapped, and we know it could happen and we could have earthquakes, so I believe liquefaction is the higher hazard. COMMISSIONER HUDES: Okay, and I had one other question. COMMISSIONER O'DONNELL: Before you do that, let me just check. As I understood Dr. Geissler, he said he was particularly looking at the second level of the garage, whereas, yes, flooding can occur in lots of places in Los Gatos, including unfortunately where I live. But we also heard, I think, testimony that there are no two-story basement garages in town, so the one-story down to, let’s say 10’, he was saying you take a cataclysmic event, which the likelihood of that occurring, almost infinitesimal, but once you say well yeah, it could occur, then as I understand the testimony, where we’re really hurt—heard a lot of things—but where we’re really hurt would be the second level of the garage, and were you to have one level of garage, then that risk would be reduced. And I guess the LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 question is, one, do you think that’s what he said, and, two, do you think that’s correct. RANDY LAMB: I need to point you to your own website. If you go on your website, the website actually talks about exactly what this is. The Town, your own website says that the chance of this is very low, and that in the event of a dam failure the entire area from Los Gatos Boulevard all the way through downtown would be inundated with water in six minutes. COMMISSIONER O'DONNELL: I don’t think you’re listening to what I’m saying or he said. There are two levels to this garage, let me finish, and he was focused on the second level. The Town of Los Gatos does not have another one, so whatever happened to the rest of the Town of Los Gatos is very interesting, but the subject before us is the two-level garage, so if you want to speak to the two-level garage. RANDY LAMB: I will speak to it. COMMISSIONER O'DONNELL: It’s not on our webpage. RANDY LAMB: I’m trying. So the two-level garage, what Peter’s comment was, and I would love to get our own consultants, cracks that would fill… I think his actual point, and he said tonight, was that if you had 300 people working in that building, and that if they were down there LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 148 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they would all drown. That’s a stretch beyond all stretches I’ve ever heard in any planning entitlement or anything else, and I’m actually surprised he said it. Secondly, in our particular case we have drainage, we have backup systems, we have everything possible in a garage like this for the safety of our residents. Anybody that’s in there at the moment that they’re there has full safety. COMMISSIONER O'DONNELL: Except for a cataclysmic event when the dam breaks. RANDY LAMB: When the dam breaks, the entire… Our garage is not going to matter. COMMISSIONER O'DONNELL: I’m not arguing with you, but what you said is you have everything that really works great, unless the dam breaks. RANDY LAMB: There are going to be people floating by separate of what’s going on in our garage. COMMISSIONER O'DONNELL: So the answer is yes, that’s true. Okay, any other questions? Commissioner Hudes. COMMISSIONER HUDES: This question relates to the water table, and I know there’s been some evidence presented about the water table, and there was a document that we received that said that the water table is 55’ higher than it was in 2014, and I believe there was a graph LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that Dr. Geissler presented that showed a cycle of the water table. In your opinion, is that true? And secondly, how do you account for seasonal and cyclical rainfall differences in the water table when you’re doing this analysis? JANET KANN: First of all, I haven’t seen the exhibit that you talk about with the cyclical, but based on my experience that’s not really true for this area. However, our study looked at historic high groundwater maps. There are published maps for the entire Bay Area that present the historical high, and those high groundwater levels are used for engineering analysis assuming the worst case scenario. So that’s what we did. And we also looked at the Department of Water Resource water database. They have an online water database for the entire state, so we looked at that database. That database is compiled by existing wells in the area and collected groundwater levels in those wells, so as a continuous data that we can track and look, and we have looked at that database. COMMISSIONER HUDES: Thank you. COMMISSIONER O'DONNELL: Other questions? All right, if there are no other questions of any of their experts, I’m going to close the public input of this LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hearing. So I will close that, and now I will look to my fellow commissioners. This evening I’m going to say something, which I want Staff to correct me on if I’m wrong, but we have two principle matters to deal with this evening. One is the CEQA issue, and that is on the EIR. We either certify it or we don’t. Typically, if you say we’re not going to approve the EIR, you would not go further on the project. On the other hand, that doesn’t seem very helpful to me. What I personally would like to do is discuss the EIR, decide whether we believe it is complete. No matter what we decide on that, I would like us also to discuss the merits of the rest of the proposal before us, because I think that would be helpful to everybody, including the Applicant. If we should not approve the project, I would anticipate an appeal, and if there were an appeal, I would want to give as much of our thoughts to the Council as possible. So that being the case, can we do that? JENNIFER ARMER: You can discuss all of the elements. As you said, if the EIR is not approved, then you can’t approve the project. You can discuss and give feedback on both parts as background and justification for whichever decision you decide to make. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Just to be clear about this, and I don't know, I’ve not discussed this matter with my fellow commissioners. If we assume for the moment that we don’t approve the EIR, and then we go ahead and discuss the relative merits of the balance of the case, as far as you’re concerned there would be only one decision made, and that is that we don’t approve the EIR, is that correct? JOEL PAULSON: We would be looking for you to deny the project, and then you don’t have to certify the EIR, would be proper. COMMISSIONER O'DONNELL: But, I have a feeling, just having heard all the discussion of this, okay, so you’re saying if we deny the project we don’t get to the EIR? JOEL PAULSON: Correct. COMMISSIONER O'DONNELL: I was hopeful that if we had some comments about the EIR it might be helpful to the Council. JOEL PAULSON: You can make those comments; that’s fair. COMMISSIONER O'DONNELL: Okay, so what we should first do then is not discuss the EIR, we should discuss the relative merits of the substantive matter—not that the EIR isn’t substantive—before us. So with that being the case, LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 unless there is some further questioning by my fellow commissioners I would invite conversation on the matters before us, which are three, I suppose: Requesting approval to demolish three office buildings and construct a new two- story office building with underground parking, Architecture and Site Application, Conditional Use Permit, and Environmental Impact Report. It would be the first two, Architecture and Site Application and the Conditional Use Permit, so I would invite my fellow commissioners to make some comments. Yes, Commissioner Burch. COMMISSIONER BURCH: I will start by acknowledging that there has been a lot of work done in a lot of parts of this project. I appreciate the bike lane; I appreciate the widening of the street; work to be done on the crosswalk by 17, although I still think Town-wise there should be more conversations to help tweak that, having walked it myself. But without getting into all of those debates, I think fundamentally what it comes down to is the overall size of the project and understanding that for the Applicant there is an understandable line where this is a profitable project. As I listen to all the neighbors and everyone around, it just seems that the size that is currently being LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 proposed is too large. I think for myself, I’m not going to get into architectural details or all the other things, just because that seems to me like that’s a line, and I can’t work around that, so I would look to my other Commissioners for their comments. COMMISSIONER O'DONNELL: All right, other comments? Yes, Commissioner Janoff. COMMISSIONER JANOFF: Just a couple of comments. I think that the design does not accommodate the desires of the neighborhood to achieve sensitivity to the surrounding properties. It is too large, and not because of the size of the acreage, but because of the impact to the surrounding neighborhood. And this is a really unique place; because it’s quickly becoming a neighborhood that could get subsumed by these large developments around it, and I think we need to be careful about that. I have an issue with the second level of the garage, and understanding the catastrophic events that could occur I would say I think that the issue of the impact of the garage on the surrounding neighborhood is an issue for me. Which leads me to the comment that it strikes me that the EIR analysis should do as much as it can to reasonably understand the impact of any kind of LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 subterranean excavation on the surrounding neighborhood, and I’m not sure that it goes far enough for me. That’s it. COMMISSIONER O'DONNELL: Commissioner Hanssen. COMMISSIONER HANSSEN: I asked earlier in the hearing about the other office building and also about some office buildings in town, not because it’s directly in the neighborhood, but because it seemed to me that this would be one of the larger office buildings we would be building. I’ve been looking really heavily at the Commercial Design Guidelines as well as the General Plan, which as someone said, is sort of like our bible; it’s our strategic plan, and I think that although we definitely as a town need Class A office space and there’s a big demand for it, the question of location comes in and I think that this would be a great building somewhere else in Los Gatos, but on Alberto Way we have a really unique situation with not only a lot of residential traffic, it’s the single access point, and then we have a lot of the senior citizens as well, and there are additional concerns, and so I can’t get comfortable with a development this size. There’s probably a size that could work, but there doesn’t seem to be any flexibility on the part of the Applicant. Then there are other things that I would go into if we were thinking about approving it relative to the LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 garage and the architecture, but I think it’s probably most important to focus on the size. COMMISSIONER O'DONNELL: Commissioner Hudes. COMMISSIONER HUDES: I think that significant steps were taken since the Planning Commission in August, and I think that directionally it’s going the right way, however, I think that not enough attention was paid to reducing the size of the structure. I am not persuaded that the volume reduction equates to the square footage reduction, and so I think the square footage reduction on the order of 10% didn’t address the concerns that the Planning Commission had in August. However, I think there are other issues that I’m concerned with as well in the application, and my understanding is that it’s unlikely that… Well, let me put that aside. Let me articulate the other issues that I have. I think that either there’s a misplacement of the story poles, or it’s an incorrect statement that there’s been 10’ of additional setback made, based on my observation of the site. I think that there are actually some very elements of the existing building that if were followed could help develop a building that’s larger but not quite as imposing as the current proposal. The existing building has a portion—I’m not sure if we got testimony on LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it or someone called it out—there is 20% that’s below grade, and I think that lends itself to that particular site to not have this massive building completely above grade, and since there is already discussion about putting a parking garage below grade it seems to me that part of the office space could be below grade, as it is currently. The other issue that I’m concerned about, and one that was a big part of our discussion in August, was safety of the residents in the adjacent housing units, particularly with the gridlock traffic situation that occurs on Highway 9 and the difficulty in getting emergency vehicles onto a street that’s narrow, and that issue I don’t think has been resolved. I was not convinced that the widening is sufficient, or maybe it wasn’t presented clearly to me to address that safety concern that I have about being able to get an emergency vehicle down that street, remembering that we have a fundamental structural issue with our traffic that we have a temporary fix for but we don’t have a permanent solution to, and that is the gridlock that occurs in various neighborhoods in Los Gatos due to the beach traffic following the directions from Apple Maps and Google Maps and variance other GPS, and to me that is a structural issue almost like we had a bridge out, and we don’t have a LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 157 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 permanent solution to that, and here, with that kind of gridlock that occurs on Highway 9, it presents a safety hazard to me in getting emergency vehicles onto a street that has a population that probably would like to have access to those vehicles, so I don’t think that that issue has been solved sufficiently in the existing proposal. COMMISSIONER O'DONNELL: Thank you. Vice Chair Kane. VICE CHAIR KANE: On the question of development we often come to, I used to discuss with Mike Wasserman, not to name drop, but you’ve got the existing people and the appropriate preservation of the Town, and you’ve got future people and the necessary development of the Town, and you’ve got to weigh these things. They don’t come in numbers, they don’t come in specifics, they don’t come in science, they come in listening to people. Anybody count the amount of letters we got last year and this year? Hundreds of letters. And we had extensive testimony from the neighbors at our previous hearings, and what I get out of that is that there is a great deal of fear in this room, and there is a great deal of fear in these letters, and I feel that’s not being acknowledged to the degree that it needs to be, given the job I’m supposed to be doing in balancing current LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 people and future people, and the direction that was given about the size of the project, which is, I don't know, 90% of the problem, was not adhered to. I went back and listened to the tape of the first meeting we had. I went back and listed to the tape of the second meeting we had. I’ve been working on this for a week. I really wanted to remember what happened last year, because I can’t remember what happened yesterday. And it was clear what the Commission was saying at that time, and what I heard tonight, is it doesn’t matter, I can’t make any more movement than I have, and I think that’s very unacceptable to the existing people, and I’m moved by that fear, I’m moved by these tears, I’m moved by changing people’s lives. In it’s present form, I can’t support it. We gave lots of reasons about these social aspects. 1.3 in the Commercial Design Guidelines, all of them. 1.4 in the Commercial Design Guidelines. We’ve heard General Plan provisions cited tonight. We’ve heard land use provisions cited tonight in the policy. There are a lot of numbers in there, but those are the guidelines, the guardians of the social concerns, and the project being the way it is, those are the guidelines I’m going to use when I make my decision. LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: I’ll make my comments. I could not approve this project either. It isn’t because of the dam; that is not an issue that would cause me to say no on this. The two-story garage does bother me, and I do think the water issue, both in the EIR and the proposal, is very troublesome to me. But the basic reason that I would not approve this project is the General Plan. I am empathetic with any developer who comes in and says we did all the numbers right, and let’s assume for the moment they did all the numbers right, we still have a General Plan, and fortunately we have a General Plan. For example, in the Vision Statement when it talks about harmonizing with the existing development, that’s something we’re supposed to pay attention to. When it talks about the goals, it talks about to provide for well-planned, careful growth that reflects the Town’s existing character and infrastructure. When it talks about, “The type, density, and intensity of new land use shall be consistent with that of the immediate neighborhood. New construction, remodels, and additions shall be compatible and blend with the existing neighborhood.” It goes on and on with that kind of language. That makes it very difficult LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for a developer, but it is good for the community, and I think only when the developer really pushes that the developer is guaranteed to run into the General Plan, and here, the size of this project is too big, and I think that flies in the face of the General Plan, and because of that I would not support it. I also agree, and I think Commissioner Janoff perhaps said it best, with some of the debilities in the EIR, but since we don’t have to get to that, if in fact, and that’s what I’ve heard, if we are to deny the project. If we deny the project the Applicant can certainly appeal and we’ll find out what the Council will do, but I would now entertain a motion, because we’ve all, I think… Unless somebody else wants to say something, I would entertain a motion on the question of the project itself, not the EIR. Don’t all rush to do it. COMMISSIONER BURCH: Okay, if I venture a motion, I want to make sure I’m clear, I’m only venturing the motion of the Architecture and Site Application right now, is that correct? COMMISSIONER O'DONNELL: Well, also the Conditional Use Permit Application. As I read this, and I’ll defer obviously to the Town Attorney and the other Staff, it says the subject is the Architecture and Site LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 161 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Application, the Conditional Use Permit, and the Environmental Impact Report. Now, we’ve just said we’re going to defer any issue at the moment on the Environmental Impact Report, so that leaves two things, the Architecture and Site Application and the Conditional Use Permit, if I understand correctly. JOEL PAULSON: That’s correct. It may be a simple motion that you make to deny both the Architecture and Site and Conditional Use Permit applications, and then you can state any reasoning for that. COMMISSIONER BURCH: All right, so I will make a motion to deny Architecture and Site Application S-15-056, and Conditional Use Permit Application U-15-009, 401 to 409 Alberto Way. I’m going acknowledge the work that the Applicant has done as far as the many requests that we made as far as the bike lane, the widening of the road, and redlining the curb. I think that there has been a lot done on this application; I want to make sure that I acknowledge that. I think it simply comes down to a compatibility with the neighborhood issue, and the size, and I certainly hope that if appealed and the Applicant does go to Council, perhaps there is some wiggle room found there and something LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 could be brought to Council that would be more compatible with the neighborhood. COMMISSIONER O'DONNELL: Is there a second? Commissioner Hanssen, you’re seconding? COMMISSIONER HANSSEN: I will second. COMMISSIONER O'DONNELL: All right, is there any discussion of the motion? Vice Chair Kane. VICE CHAIR KANE: In what form should this go to Council? Should we articulate the provisions in the General Plan, commercial guidelines, land use, or have we done that? COMMISSIONER O'DONNELL: Personally, the Council will have a written record of our discussions, and I would think that should be adequate, and I will defer to Staff to see if that’s correct. JOEL PAULSON: That is correct. There have been a number of things that have been expressed this evening, both by the public and at former hearings by the Commissioners. If you feel more comfortable trying to add some more specificity to that, and the maker of the motion and the seconder are okay with that, that’s fine. COMMISSIONER O'DONNELL: I want to be careful that we don’t narrow it down too much, because we’ve had lengthy conversations over a period of time, and anybody LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that reads the record will get a fairly… Well, they’ll get a very good indication of why, and if we try to enumerate those things, that would be fine, but I want to make sure that’s not the exclusive basis. Commissioner Hudes. COMMISSIONER HUDES: I would agree with the Chair on that point, that I would have difficulty supporting the motion if it were narrowed down too much. I think this is a level that points out the inconsistencies with the General Plan and the issues, and I think that I would be comfortable supporting it in this form. COMMISSIONER O'DONNELL: Commissioner Janoff. COMMISSIONER JANOFF: I just wanted to make one point regarding the attempt at the reduction in size of the building, and while it’s been acknowledged that the reduction in mass is perhaps on the order of 20-25%, and the reduction of square footage only at the 10% level, that I would like the Council and others to know from my perspective that reduction in size has two impacts. There is the visible, mass, scale, views, which had been partially addressed with the reduction in mass, but the reduction of square footage relates to the reduction in the number of tenants/maintenance/whatever else is happening to bring additional persons to that site. So I think it’s important to understand that we’re really hung up on the LOS GATOS PLANNING COMMISSION 5/10/2017 Item #2, 401-409 Alberto Way 164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reduction in size as it relates to reducing the number of tenants. VICE CHAIR KANE: And construction. COMMISSIONER O'DONNELL: Well, yes, that’s not exclusive, but you’re saying as to that point, you’re amplifying. That’s fine. But we’re saying it’s the whole record, and that’s fine. That’s the motion. So if there’s no further comments or questions, I’ll call the motion. All those in favor, say aye. The motion passes unanimously. And now we could get your comments on the appeal. JOEL PAULSON: There are appeal rights. Anyone who is not satisfied with the decision of the Planning Commission can appeal that decision to the Town Council. Forms are available in the Clerk’s Office. There is a fee for filing the appeal, and the appeal must be filed within ten days. COMMISSIONER O'DONNELL: Thank you all for being here.