Attachment 18Jennifer Armer
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Hi Jennifer,
Alexandra Caldwell <alexandra.g.caldwell@gmail.com>
Wednesday, May 10, 2017 11 :36 AM
Jennifer Armer
401 -409 Alberto Way Project Support
Follow up
Flagged
I am writing to you to express my full support of the 401-409 Alberto Way Project . This project will
create many positive advancements for the town of Los Gatos.
One of the largest benefits of this project would be the creation of more high-tech jobs in the area.
Creating these jobs in the town of Los Gatos greatly adds to the very low job inventory. In addition, local
retailers and businesses will also benefit by having an increase of great companies w ithin the area . This in
turn, will create jobs closer to these residential areas, decreasing northbound traffic heaviness. For the
"reverse commuter" typically going North to South , the site benefits both in the am and pm hours. Bringing
more jobs closer to housing, decreasing peoples commutes and adding to traffic, and bringing more service to
local retailers are all positive advancements that this project will bring to the this beautiful town of Lo s Gatos
that I call home.
Be st regards ,
A Caring Citizen
ATTACHMENT 1 8
Jennifer Armer
From:
Sent:
To:
Subject:
Lind say Catterton < lcatte5850 @aol.com >
Monday, May 15, 201 7 8:48 AM
Jenn ifer Armer
Alberto Wa y
Yea for getting this far !! Hope we can keep up the momentum! We can't have a big building on our quiet street! We
need to be able to walk our little dogs in safety !
Thank you
Lindsay Catterton
439 Alberto Way #lOSA
Sent from my iPhone
Jennifer Armer
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Dick McGowan <d ickmcgowan114@gmail.com >
Sunday, August 20, 2017 3:39 PM
Jennifer Armer
Alberto Way.The Commons
Follow up
Flagged
This is the second email I've written you and it seems there,unfortunately,more debate about the very large office
building Mr.Lamb and company want to put in our neighborhood.My husband and I moved here 2 years this June and it
is amazing the change in traffic; my husband has a chronic condition where it is necessary to get to the doctors often
and we've had to increase that time by 20 minutes to get to the doctor and can only imagine will have to double that if
this project goes thru .
This is personal but I feel that these developers are arrogant in some ways,not paying attention to our concerns about
the confusion of construction and our almost one way street.This project is just too big for our neighborhood, we know
something is going in here that is to be expected.
Thank you for passing this on .
Connie Mcgowan
453 Alberto Way# 158
Sent from my iPad
Jennifer Armer
From:
Sent:
To:
Subject:
Attachments:
LOS GATOS CITY CANCEL
CONNIE <cgdailey@c omcast.net >
Monday, August 28 , 2017 1:39 PM
Jennifer Armer
401 Alberto Way
401 Alberto Proj ect.docx
MY NAME IS GEORGE DAILEY AND I RESIDE IN THE COMMONS ON
ALBERTO WAY. I'M ASKING YOU TO DENY THE DEVELOPERS REQUEST FOR THIS PROJECT. LIKE
MOST DEVELOPERS TODAY, THEY WILL PROMISE ANYTHING TO GET APPROVAL FOR THEIR
PROJECTS . THEY WILL ALWAYS PAINT A PRETTY PICTURE . THEIR CLAIM THAT DEMOLISHING THE
EXISTINE BUILDINGS, HAULING ALWAYS THE REMAINS, DIGGING AN UNDERGROUND GARAGE WITH
DIRT REMOVAL, AND CONSTRUCTING A NEW STRUCTURE WON'T CAUSE ANY ADVERSE DISTRUPTION
IN OUR TINY NEIGHBORHOOD. TO SAY THE LEAST, IT WILL BE A TOTAL DISASTER AND CREATE
UNDUE CHAOS FOR SEVERAL YEARS . CONSTRUCTION CREWS WILL HAVE TO PROVIDE FLAG MEN TO
DIRECT AND DIVERT TRAFFIC ON ALBERTO WAY, HWY 9 AND ENTERING HWY 1 7. I DRIVE THROUGH
THESE INT ERSECTIONS SEVERAL TIMES A DAY AND AT ALL HOURS AND KNOW ONLY TOO WELL THE
TRAFFIC CONDITIONS RESIDENTS ENDURE DAILY . COMPOUND THESE NORMAL CONDITIONS WITH
ADDED CONSTRUCTION TRAFFIC AND IT WOULD BE ALMOST IMPOS SIBLE TO GET OUT OF OUR
NEIGHBORHOOD SAFELY OR WITHOUT DELAYS.
I'M 86 AND TOO OLD TO HAVE TO ENDURE.THESE DISRUPTIONS. MY SUGGESTION TO THE
DEVELP ERS IS TO ABANDON THIS LOCATION AND MOVE IT TO THE NORTH FORTY WHERE IT IS MOR E
SUITABLE. THIS IS THE WRONG PROJECT FOR THIS SITE.
GEORGES. DAILEY
441 ALB ERTO WAY
LOS GA TOS , CA 95032
408-827-4956
cgdailey@co mc ast.net
Jennifer Armer
From:
Sent:
To:
Subject:
Dear Town of Los Gatos,
Geni e Phi~i ppidi s <genielamp 58@ic loud.co m >
Monday, August 28, 20 17 3:27 PM
Town Manager; Jennifer Armer; Joel Paulson ; Arn Andrews; BSpector; Rob Rennie;
Marcia Jensen; Steve n Leonardi s; Marica Sayoc
Pleas e approve 405 Alberto Way
I'm not a resident of Los Gatos but a frequent visitor (when traffi c and parking is not so bad). I road The CAT, a free
shuttle that a developer is sponsoring. I think it's a great idea. I hope their office building gets approved. It w o uld make
visiting your downtown a whole lot easier
Genie Phirippidis
Jennifer Armer
From:
Sent:
To:
Cc:
Subject:
Attachments:
Gerald Hamilton <ghamilton29@gmail.com >
Tuesday , August 29 , 2017 3:17 PM
Marico Sayoc; Rob Rennie; Marcia Jensen; Steven Leonardis; BSpector
Jennifer Armer
401 -409 Alberto Way
LtrT o TownCouncilOfLosGAtos.doc
Architectural & Site Approval Application S-15-056 and
Conditional Use Permit Application U-15-009
Appealed to Town Council -09/19/2017
Denied by Planning Commission -05/10/2017
Dear Mayor Sayoc,Vice-Mayor Rennie and Council Members Jensen , Leonardis and Spector:
Our objections to and plea for denial of the above project is as set forth in our Letter
to each and all of you above email recipients is attached hereto and made a part hereof.
We shall appreciate your very thoughtful consideration of our objections and pray for the denial of this Application.
Gerald E. Hamilton
Sondra T. Hamilton
August 29, 2017
Marico Sayoc, Mayor
Rob Rennie, Vice-Mayor
GERALD E . HAMIL TON
45 1 ALBERTO WAY 0153
LOS GATOS, CA 95032
Marcia Jensen, Council Member
Steve Leonardis, Council Member
Barbara Spector, Council Member
LOS GATOS TOWN COUNCIL
110 E . MAIN STREET
LOS GATOS, CA 95030
Re: 401-409 ALBERTO WAY
Dear Mayor Sayoc, Vice-Mayor Rennie and Council Members Jensen, Leonardis &
Spector:
For the record my wife and I are property owners and occupants within the Los Gatos
Commons Senior Citizen community at 439-447 Alberto Way consisting of 110
condominiums. At least one owner of each individual unit must be 55 years of age or older.
Many owners are in their late 80's and a few are in their 90s and one lady is 103!!!! Please
note also Los Gatos Commons has its own on-site parking for approximately 152 vehicles, a
ratio unmatched by any or all of the other developments on Alberto Way!
With the exception of the beautifully remodeled and now a Best Western Motel, its new
Club 57 restaurant and the Satellite Health Care facility located on the northeasterly
corner of Alberto Way and Hwy 9, the existing office complex on the subject site (which
was approved by the Town Council and constructed 30 or more years ago) and the older
and semi-vacant office structures at the northerly end of Alberto Way (475-485 Alberto
Way), ONLY single family residential components consisting of 227 units EXIST on
Alberto Way! IF there are only TWO persons/unit (not considering children), that
suggests that more than 450 individuals reside on Alberto Way. You can also readily see at
night there are insufficient parking spaces for all these vehicles and Alberto Way is highly
congested all night!
Without ANY NEW development of ANY kind on Alberto Way, its narrowness makes it
especially difficult for one and all of us who must frequently drive to every kind of medical
attention senior citizens require for daily living. We are often subjected already to
considerable delays and difficulty when attempting to exit Alberto Way and access Hwy 9
in our vehicles.
Letter to the Mayor and Town Council Members
RE: 401-409 Alberto Way Proposed Office Project
August 31, 2017
Page Two
If you folks have NOT personally seen or know the difficulty emergency vehicles have had
to reach those in need in theses individual homes, you too would be concerned about the
safety factor of your Los Gatos resident owners. It is extremely dangerous and would be
considerably worsen should you override your Planning Commission and approve the
401-409 project.
Was there to be ANY new construction allowed on the subject site, it certainly should
NEVER consist of 2-Story Underground Parking Structures! Essentially this has been
proposed ONLY to allow MORE square footage of office space. There is no OTHER office
OR commercial structure in the entire Town that has such a garage and I personally know
of ONLY two, ONE-STORY underground garages, the Town's own and Safeway's, both
on University Avenue, in the entire Town. The high water moisture content of the soils in
the Town also has deterred developers and property owners from considering two-story
structures to date. But NOT LP Acquisitions, LLC!
Let it be perfectly clear, there are ONLY TWO PARTIES, both imminently involved in the
project, LP Acquisitions, LLP, the applicant, AND the current owner of the property,
CW A Realty! Since CW A Realty acquired the property in 1986, it has allowed
considerably building decay and it has allowed the majority of its tenants to vacate. Only
two tenants remain and the real property taxes in excess of $73,000 for the year 2016-' 17
were incurred and paid! This sale will generate millions of dollars of profits for CW A
Realty! That is ITS real motivating factor to support the proposed project!
My wife and I respectfully request that the Town Council concur with your Planning
Department's unanimous denial of the proposed development of LP Acquisitions, LLP and
also deny this application for the proposed project without further consideration.
Thank you for considering ALL opposition to this application, including this personal
letter.
Sincerely,
Cc: Jennifer Armer
Associate Planner, Town of Los Gatos
( J Armer@ losgatos.gov)
Jennifer Armer
From:
Sent:
To:
Subject:
Dear Ms . Armer:
Raymond Toney <raymond.toney2@verizon .net>
Friday, September 01 , 2017 11:3 7 AM
Jennifer Armer
401 -409 Alberto Way, Los Gatos, Ca
1. No other building in town has a two level parking garage
2. No other building in town has a parking garage with only one entrance and exit onto a single use street.
3. in case of fire , there is no escape and can be disastrous, especially with only one exit out of the garage's two levels .
4 . Fires in underground garages are more common than you may think.
I have experienced one but there were more than one exit and we were able to get the car out before the gas tank
exploded.
The Planning Commission gave approval if the developer would reduce the size of the parking area and the building
area .
It was not financially feasible for them to follow the PC 's suggestions so they made up some story about the PC's incorrect
assessment.
Our Planning Commission did an excellent job (except for the underground parking situation).and should be congratulated
for an excellent plan .
Jesse Pue of Los Gatos Public Works approved the traffic plan but that was July 24, 2015 but since then
it no longer fits in with current conditions and doesn't make much sense .
The town has been under siege from internal and external traffic with newspapers reporting s uch an overflow that streets
have had to be closed . Traffic signs, redirecting traffic around downtown , have been painted on the streets .
Unfortunately, those directions send the excess Los Gatos Blvd . traffic right past Alberto Way.
Alberto Way is a dead end street with only one way out to service hundreds of cars of residents , a restaurant and bar,
an office complex at the lower end of th e street, a 41 unit motel , a medical facility with hundreds
of patients coming and going all day. Directly across from Alberto Way, and serviced by the same stop lights
is Los Gatos Lodge, a motel with a restaura nt and bar, three private meeting rooms which are mostly booked and 131
motel rooms.
In sho rt this property is already way over developed!
Raymond M . Toney, 453 Alberto Way, #24 1. Los Gato s. CA. 95032
Jennifer Armer
On Sep 5 , 20 17 , at 11 :03 AM, Kalane McDonald <kal a nc c ll a@icloud.com> wrote:
Honorable Mayor Marice Sayoc:
Re: 401 -405 Alberto Way
September 5, 2017
443 Alberto Way B224
Los Gatos, CA 95032
I have lived in Los Gatos Commons for ten months . I moved from San Francisco after living there for 26
years . People ask , "Why Los Gatos?" Well , during all the time that I raised four children, I lived in Almaden
and worked in San Jose Unified School District as a teacher and principal. I was very familiar with Los Gatos
as we came here often to dine or to shop in the small boutiques . I always liked the small town feeling . When
the kids were all out of the large Almaden house, I decided to move to the Big City in order to take advantage
of all it has to offer: ballet, opera, theatre , restaurants, museums, and my job at AT&T Park. But , during the
past five years it has changed dramatically with horrendous traffic, congestion , road closures , construct ion. I
made the decision to return to that small town I have always loved .
I have been studying the Town Plan, a very thorough document with lofty goals and policies. I know that you
are familiar with it, as it drives all the decisions of the Town Council and the Planning Commission. I would like
to refer to a few salient sections.
General Plan
The Town can utilize three important means for ensuring the continuity of values :+ Providing mechan isms for
broad public participation in government in general and planning in particular;+ Taking initiative to coordinate
with other jurisdictions on regional issues that impact the Town 's character and qual ity of life; +Consistent
and resolute enforcement of the General Plan, specific plans and the Town code. Residents expect
strong leadership from their elected officials to guide the community and to ensure that the high
quality of life in Los Gatos is protected for future generations. The General Plan is the Town's guide to
achieve this vision.
Vision
A. What Makes Los Gatos Special What makes Los Gatos special is its small-town atmosphere, strong
sense of place, varied architecture, reminders of the past, traditions, unique physical setting, good
schools, low crime rate, and the concerned and involved people who make up the community. The
desire to protect the Town's high quality of life is demonstrated by extensive citizen parti cipation in
many service groups and community issues. While residents may disagree over specific issues, they
share a common vision of the future of Los Gatos. Residents are adamant in their desire to maintain a
high quality of life and preserve the character of the Town. The overall community consensus is that
Los Gatos should: + Foster a pedestrian-ori ented community with a small-town character;
8. Rol e of the General Plan in Achieving the Vision
The overall role of the 2020 General Plan is to provide a framework to ensure that the Town :+ Is a full-service
community that is also environmentally sensitive ; + Maintains a balanced, well-designed mix of res idential,
commercial, service, and open space uses through i ntegrated land use p lanning that fosters a
pedestrian-oriented community consistent with a small-town character; + Meets the changing needs of
the Town's youth and senior populations; +Supports an active business community that provides a wide
variety of goods and services and a broad range of employment opportunities, minimizing the need to travel to
other communities;+ Provides a well-run , efficient municipal government that is fiscally healthy with high levels
of public safety, recreational , art and cultural amenities and that is committed to a high quality of life;
New development must keep pace with the community 's needs and must reflect the community's values.
Extreme care is used in approving all new development applications . The impacts of new development are
evaluated in light of the development's overall benefit to the community . In addition , the benefit of new
development is measured against the ability of the proposed development and its architectural style to
harmonize with existing development while minimizing impacts on existing residential neighborhoods and
infrastructure. Input from surrounding residents and property owners is a major consideration during any
development review process . Preserving the small-town character of Los Gatos requires attention to a
collection of related issues, including human scale of development, historic preservation , density and
intensity, population growth, ...
Land Use Element
Planning for neighborhood preservation and protection is one of the most important purposes of the
Town's General Plan. Preserving the small-town heritage, natural setting , and architectural diversity are also
important to this community. One of Los Gatos 's most outstanding assets is the visual diversity of its individual
neighborhoods. Existing development represents a variety of architectural styles from various eras, embodying
a variety of sizes , design features, and building materials, resulting in neighborhoods with their own unique
identity. For example, Downtown Los Gatos is the historic heart of Town with a pedestrian-scale setting of
mixed land uses and architecturally historic buildings. It is a unique area that sets the spirit and style of the
entire Town . Maintaining neighborhood quality suggests conservation of existing housing, good street design ,
traffic control in residential neighborhoods , and development review that adheres to quality design . Factors
such as new or excessive traffic, aging or inadequate infrastructure, and even economic pressures
may cause disruption of neighborhoods. Neighborhood preservation also includes balancing the
intensity of land uses with the existing residential density.
Land Use Element
G. Goals, Policies, and Actions
The following goals, policies, and actions guide future physical development throughout Los Gatos.
Goal LU-1 To preserve , promote, and protect the existing small-town character and quality of life within Los
Gatos.
Policy LU-1.1 Encourage developers to engage in discussions as early as possible regarding the
nature and scope of the project and possible impacts and mitigation requirements .
Policy LU -1.2 Ensure that new development preserves and promotes existing commercial centers
consistent with the maintenance of a small-scale, small-town atmosphere and image.
Goal LU-4 To provide for well-planned, careful growth that reflects the Town 's existing character and
infrastructure.
Goal LU-6 To preserve and enhance the existing character and sense of place in residential neighborhoods .
Community Design Element
Goal CD-2 To limit the intensity of new development to a level that is co n sistent with surrounding development
a nd with the Town at large.
Goal CD-6 To promote a nd protect the phys ica l a nd othe r distinctive qualities of residential neighborhoods.
Goal CD-17 To conduct careful review of new projects and provide clear direction to property owners ,
neighbors, and potential developers.
Thank you very much for your time and careful consideration of this matter which is extremely important to the
residents of Alberto Way who are concerned that the development as proposed will have a detrimental effect
on the quality of life in our small community.
Sincerely,
Kalane McDonald
Date: September 7, 201 7
To: Jennifer Amer: Los Gatos Co mmunity D evelopment D ept
1 IO Eas t M a in St., L os G a tos CA 950 30
R e; Proposed Offi ce Building a t 40 1-A lverto Way, Los Gatos CA 9 5 0 3 0
Attention: Lo s G a t os T own Co un c il Membe r s
From: H ar o ld Vital e 45 1 Albe rto W ay Unit D 4 15, L os G a tos CA 95032
CC: Lore tta Fowle r 45 1 Alberto Way Unit D 247, Los G atos CA 95032
D ear T o wn Co un cil Member s,
I ex pe ri e nced a d isco urteo us a nd lac k of concern r es po n se to a quest io n I as k ed Mr. Lamb. The
s itu ation t oo k p l ace in M ay 20 17 w hen th e D eveloper prov id ed a r eview , fo r the ne igh bo rhood,
of th e architec tural c hanges ma de based on direc ti o n s g iven him t o r e du ce t he buildin g s ize
35%. During th at r evie w I asked Mr. Lamb; two questi on s ;
I) Please d esc ribe what your bus in es s-is s ues a nd tradeoffs w o uld be if the building size
we r e r educe d as direc t ed .
2 ) Wha t be ne fi ts can we as n eig hbo r s ex pect if th e proj ec t is approved?
I received a c urt, if n o t arrogant answer . I r ecall it as fo ll o w s:
"There is no other available land in Los Gatos large enough. I won't back off on the
building size and will appeal if the planning commission rejects this p r oposal. If I don't
build it, someone else will, and it will not be as good as I have proposed."
That a nswer so und ed lik e a threat a nd was certa inly not in the best inte r est of good pe r son a l
o r good co mmunity r el a ti o n s hi ps.
M y qu estion s we r e n ot addressed at all. T o m e the r espo nse s h o wed a lac k ofresp ec t fo r m y self
and our ne ig hborh oo d r esid ents. I am worrie d th at , if the d eve lope r win s this appe al , hi s poor
attitude an d beha v ior w ill continue during the cons truction pha se and beyond .
May be someo ne e lse w ill prop ose d eveloping the p r o perty.
M aybe someo ne e l se will o r won't propose a g arg antua n offi ce building.
May be someo ne e l se w ill p r opose a plan th a t will be based on a profi t ab le bu s iness ye t meet aJl
o f the T own s ta tutes and be of valu e a nd accep tabl e t o the n e ighborhood
Tha nk yo u in ad va n ce for readin g my l e tter and th e l ette r s of othe r s in o ur community. Pl ea se
car e full y co n s id er o ur th oug hts a n d co nc ern s a nd pl ea se li st e n t o o ur voices at the Septe mber
191h T own Co un ci l H earing and finally pl ea se do n ot approve t h e proposed pro per ty
d evelopme n t.
Res pectfully
H arold Vitale
Jennifer Armer
From: Ken Lown [mailto:kenlown@gmail.com ]
Sent: Friday, September 08, 2017 8 :27 AM
To: Council; Town Manager
Subject: 405 Alberto Way Proposed Development --I respectfully request the appeal to be denied.
Dear Mayor Sayoc and Council Members,
I respectfully request you deny the appeal for the project at 405 Alberto Way. The developer was given direction by the
Planning Commission to significantly reduce the size of the project. A number was offered by one of the planning
commissioners to reduce the project to something in the order of 60,000 sq . ft. I personally feel that something in the
order of 45,000 sq . ft. (50 % increase from the current square footage that exists at 405 Alberto Way). The current
proposa l stands at 83,000 sq . ft.
The current planning for high density Class A office space by Apple , Oracle , Google , Facebook and many other smaller
Bay Area companies is 200 sq. ft. per employee for cubical space. This number drops to 175 sq. ft. per employee if
bench seating is considered. This is not my opinion but inform ation offered to me by Apple and Oracle real estate
personnel. This number includes consideration of conference rooms , hallways , stairwells, restrooms , etc. It allows for
occupancy of 415 employees for 83,000 sq . ft. of Class A office space. The project plans for only 325 parking
spaces . Where are the other 85 employees going to park? A 45 ,000 sq. ft. office space would reduce the maximum
number of employees to 225 reducing the traffic impact to Highway 9 and the residents on Alberto Way and leaving plenty
of parking for the development.
The developer has suggested in prior meetings that they would voluntarily restrict the occupancy "if it was a cond ition of
approval". I am hard pressed to believe they would actually do this and it is not at all clear to me that this restriction (if it is
not a maximum occupancy limit imposed by the Fire Department) is enforceable. Further, what number of cars were
consider ed for traffic study? Was it 415 or some significantly lower number of cars?
Traffic :
The additional traffic will leverage Highway 17 off ramps to Highway 9 from both the North and Southbound
directions. Cars from the Southbound direction will need to move immediately across three lines to get into the left hand
turn lane. If you have tried this maneuver you know it is a bit tricky in off hours. It is very tricky in the mornings starti ng
from about 7 :3 0am when school traffic starts picking up. Some of this additional traffic from Northbound 17 may leverage
the off ramp onto N. Santa Cruz avenue through the downtown area potentially making the right hand turn onto Main
Street past our High School. Some of the additional Southbound 17 traffic will get off at L ark Avenue and head south on
Los Gatos Blvd pa st our Louise Van Meter Elementary School. Was all of this con sidered in the traffic impact
study? Was the overall impact of all curren tly proposed development in the downtown Los Gatos area considered by the
traffic impact study? These questions mu st be asked and answered prior to making a decision.
The project, although reasonably well designed is flawed in terms of the traffic impact to Alberto Way re sidents (of which I
am one) and Hwy 9 . Further, the plan for parking is wholly inadequate. For these two reasons I respectfully request that
the Town Counc il uphold the prior decision by the planning commiss ion to deny the currently proposed project at 405
Alberto Way.
Best regards ,
-Ken Lown
156 Maggi Ct.
Lo s Gatos, CA 95032
Jennifer Armer
From:
Sent:
To:
Subject:
To The Town Council Members:
Joan K Larson <joanklarson@aol.com>
Friday, September 08, 2017 10:49 AM
Jennifer Armer
401 -405 Alberto Way
I do agree with the Planning Commission decision on May 10, 2017.
My concern is if this proposed construction goes forward how will it effect the many residents who already live on
Alberto Way during demolition, excavation of a large underground garage, and construction. The air quality will be
poor. (We already have some pollution from highway 17).
Then there's also the nightmare of a traffic problem. Even after the construction there will continue to be major delays
for entering and exiting Alberto Way. Alberto Way is a narrow and twisting DEAD END road with cars and trucks usually
parked on both sides of the road. Often becoming a single lane .
There is also the fact that the exits to Los Gatos Saratoga Road from highway 17 has merging traffic to a single lane by
the bridge. The left turn into Alberto Way is limited to only a few cars. The backup traffic would greatly increase for our
overcrowded roads considering the size of this proposed construction.
There is also concern about how this would effect the resale and rentals for the home owners. Less desirable housing if
difficult for vehicles to get through the intersection . What is the outcome of the delay with emergencies? Especially for
the older age group at the Los Gatos Common s. The results could be serious.
Thank you for your attention to this matter.
Joan K. Larson
441 Alberto Way #114
Los Gatos, CA. 95033
408-348-6698
Sent from my iPhone
Jennifer Armer
From:
Sent:
To:
Subject:
Dear Ms Armer,
Denny Alff <dennyalff@comcast.net >
Friday, September 08 , 2017 8:07 PM
Jennifer Armer
Alberto Wa y decision
We are senior residents of 451 Alberto Way, Los Gatos Commons.
We have never written before but are now very seriously concerned about the impact the new development on our
corner of Hi way 9 and Alberto Way could affect us.
The in and out traffic during construction poses serio us (to us) issues. If there were an emergency could we safe ly and
quickly .leave the construction-congested area with our caretakers? Many of us have problems with COPD. Will the
destruction of the older buildings and construction (digging of garage) of new ones cause any air pollution and/or
health/breathing issues? Will we have 12 (18? however many) months of construction noise and construction traffic and
workers' trucks parked in our neighborhood during the building of these new excessively large and inapp ropriate
buildings?
We strongly feel that allowing the developer to proceed with this construction will serious ly impa ct our quality of life in
our current stable and pleasant neighborhood.
Please consider denying this developers' request .
Thank you ever so much .
Sincere ly,
Ms Denny Alff
451 Alb erto Way #152.
Sent from my iPhone
Jennifer Armer
Fr om:
Sent:
To:
Subject:
Dear Town Council ,
Carol Rose n be rg <carol_rose nberg @s bcg lob al.net >
Mond ay , Se ptem be r 11, 2017 7 :12 AM
Jenn if er Armer
Proposed 401 -409 Develop me nt
When my husband and I moved three years ago , we never intended to live in Los Gatos . We
intended to live in San Jose. Happily, circumstance intervened and we discovered Los Gatos.
Early in 2014 we resettled from San Diego to near family. Fine idea -but we neglected to do our
homework and knew noth ing about the affordable housing shortage in Santa Clara County. When we
looked for a condominium , nothing was available in San Jose. Luckily , our realtor knew of a a unit at
Los Gatos Commons, not yet on the market , and took us to view the property .
The condo looked fine -nothing extraordinary -but then we walked around the grounds. As we
absorbed the serenity of manicured lawns , lush greenery, blooming flowers, abundant trees , inviting
benches nestled in corners, a fine pool and a spacious clubhouse , we decided right then to make our
offer. Offer accepted , we called the movers , had the unit painted and re-carpeted , and became
residents of Los Gatos Commons. Neighbors welcomed us . Soon we made new friends and felt part
of a community.
Just a year later my husband died. I found solace in the gardens and flowers , and comfort in the
caring of neighbors. I knew that even without him I would stay put.
Then in 2016 the specter of the 401-409 Project cast its foreboding shadow. My neighbors and
residents from the others condos on Alberto Way were concerned . We fear that this development will
clog our street, prevent emergency vehicles from arriving in a timely manner, hinder us from getting to
stores and appoint ments , and add the dange r of air pollution from the construction . What I had
imag ined as my l ifetime residence might be only temporary . I suffer from bronchiectasis and need
and inhaler when I'm short of breath . Dust, smoke and automobile exhaust exacerbate the condition .
Will I have to leave Los Gatos Commons when I can no longer tolerate the air? The idea of having to
pull up stakes at my age both frightens and angers me .
I ask the Town Council not to accept the 401-409 Development until the builders modify the plans .
The modification should include , but not be limited to , reducing the structure's square footage closer
to the existing footprint and keeping the parking above ground thus eliminating the disastrous two
story underground garage.
Sin cerely ,
Carol Rosenberg
451 Alberto Way , D253
Los Gatos, CA 95032
Jennifer Armer
From:
Sent:
To:
Subject:
Alex Hernandez <lookitsjustalex@gmai l.com >
Monday, September 11, 2017 12:51 PM
Town Manager; Jennifer Armer; Joel Paulson; Arn Andrews; BSpector; Rob Rennie;
Marcia Jensen; Steven Leonardis; Marice Sayoc
Please approve 405 Alberto Way
I love the idea of the shuttle and I support the project on 405 Alberto Way. Knowing I can a shuttle downtown helps save
me time when looking at commuting alternatives
Thanks ,
Alex Hernandez
Jennifer Armer
From:
Sent:
To:
Subject:
David Avalo <dmusicll16@gmail.com >
Monday, September 11, 2017 12:53 PM
Town Manager; Jennifer Armer; Joel Paulson; Arn Andrews; BSpector; Rob Rennie ;
Marcia Jensen ; Steven Leonardis; Marice Sayoc
Please approve 405 Alberto Way
I fully support the project on 405 Alberto Way Los Gatos . The idea of a free shuttle is amazing . I think it's great for
business and great for the community.
David Avalo
Jennifer Armer
From:
Sent:
To:
Subject:
Jason Espinoza <jasonesp in ozal@ya hoo.com >
Monday, September 11 , 2017 1:23 PM
To wn Manager; Jennifer Armer; Joel Paulson; Arn Andrews; BSpector; Rob Rennie;
Marcia Jensen; Steven Le onardis; Marica Sa yoc
Please approve 405 Alberto Wa y
I support the 405 Alberta way project. I love the idea of taking a shuttle downtown.
Sent from my iPhone
Jennifer Armer
From:
Sent:
To:
Subject:
Monica Roldan Espinoza <monica .roldan@comcast.net>
Monday, September 11, 2017 2:50 PM
Town Manager; Jennifer Armer; Joel Paulson; Arn Andrews; BSpector; Rob Rennie;
Marcia Jensen ; Steven Leonardis; Marice Sayoc
Please approve 405 Alberto Way
I support the project on 405 Alberto Way in Los Gatos. Love the free shu ttle idea and excited to be able to use it. Will
definitely bring more business downtown! Win win for a ll.
Monica Roldan
Sent from my iPhone
Jennifer Armer
From:
Sent:
To:
Subject:
I think this project makes se nse.
Rob Gabel <rob@tubu larlabs .com >
Tuesday, September 12, 2017 12:52 AM
Arn Andrews; Jennifer Armer; BSpector; Joel Paulson; To w n Manager; Marcia Jensen;
Marico Sayoc; Rob Rennie; Steven Leonardis
Please approve 405 Alberto Way
Ea st Los Gatos needs investment. We have only one restaurant we can walk to -viva -which charges $36 for pasta and
prawns because they have no competition .
If we aren't going took real restaurants beyond burgers and pi zz a and chipotle for east side then let's install this shuttle
and office building
Not everyone in Los Gatos lives w ithin walking distance of downtown!!!
Rob Gabel
131 Hillbrook Dr
Rob Gabel
FOUNDER & CEO
tubula r
C.310. 709.6159
W.408.827.5003
www tuhulanatis.com
Jennifer Armer
From:
Sent:
To:
Subject:
RMcwhi@aol.com
Tuesday, September 12, 2017 12:27 PM
Jennifer A r mer
Alberto Way Development
I am a resident of the Los Gatos Commons and while I have attended meetings concerning the proposed large
development on Alberto Way, I have not written before to express my concern. Now I am very worried that this proposed
project might go forward . Many have expressed very good reasons to oppose this project. I will not repeat these. I do
want to point out, however, that an argument the developer expressed that many persons who might work at the new
office building could bike to work thereby diminishing the traffic congestion. Wrong . There are no bikes on Highway 9 and
it would be extremely dangerous to attempt to approach Alberto Way on a bicycle. The traffic on Highway 9 is often to
capacity and would be dangerous at times if the project goes forward.
I urge the Town Council to deny permission to proceed with this most undesirable project.
Rodney McWhinney
Email : rmcwhi@aol.com
September 10, 2017
Marico Sayoc, Mayor
Rob Rennie, Vice-Mayor
JOHN MIITELSTET
443 ALBERTO WAY UNIT B-123
LOS GATOS, CA 95032
408-356-5970
Marcia Jensen, Council Member
Steve Leonardis, Council Member
Barbara Spector, Council Member
LOS GATOS TOWN COUNCIL
110 E. MAIN STREET
LOS GATOS, CA 95030
Re: 401-409 ALBERTO WAY
Dear Mayor Sayoc, Vice-Mayor Rennie and Council Members Jensen, Leonardis &
Spector:
For the record, I am an owner-resident of the Los Gatos Commons Senior Citizen community at
439-447 Alberto Way consisting of 110 condominiums.
This letter will ask you to think outside-the-box for the Town Council meeting on September 19th
where the developer Randy Lamb will be appealing the unanimous decision of the Town of Los
Gatos' Planning Commission to deny his project at what is variously known as 405 Alberto Way,
401 Alberto Way, and 401-409 Alberto Way, a few doors south of this senior living community.
Without citing statutes, I'm aware that the State of California has mandated that communities
throughout the State must within a certain time frame add both affordable living spaces, and/or
senior living spaces to their communities.
I was also made aware that the Town cannot mandate that any property it doesn't own be
designated for senior living . And I've been told by a developer that he was told he would be
denied doing a residential project on the grounds that it might generate more students than Los
Gatos can serve with present school facilities.
I am also presuming that Mr. Lamb has an option to buy the property at 401-409 Alberto Way at
a price that will satisfy the owner's desire to sell, and at a price which allows Mr. Lamb's
company to make a profit with an 83,000sqft building on top of a 2-level parking garage.
Before I get to my proposed solution let me first applaud the Planning Commission for their hard
work as appointed members, and who, blessed with the un-elected freedom to decide what's in
the best interests of the community, have reviewed and decided unanimously that the proposed
project was too big, and not compatible with the existing neighborhood. It is too big.
Letter to the Mayor and Town Council Members
RE: 401-409 Alberto Way Proposed Office Project
September 10, 2017
Page Two
The next biggest is only 63,000 sqft on University Ave., and it's not on a single-entry-exit street
like ours . And the two-level garage is, as Dr. Geissler pointed out to the Planning Commission,
a very significant safety hazard potentially threatening life and limb, which makes it in direct
opposition to your certifying the EIR. And we at the Commons have been unable to find any
other two-level garage anywhere in Los Gatos, let alone in the middle of a flood plain.
Enough of that. I'd like to propose a win-win solution for Mr. Lamb, for the Alberto Way
neighbors, and indeed for the whole Town of Los Gatos and its citizens and business owners.
Simply stated, deny Mr. Lamb's appeal. Instead, assure him that if he brings a proposal for
roughly 45,000 sqft of single-level Senior Living space, and above ground parking, with the
same kind of quality that he has given to the other residential projects his company has done in
the past around the South Bay, that you will instruct the staffers at the Planning Department to
fast-track the approval process.
Mr. Lamb may say, and perhaps rightly so, that he cannot make a profit on such a project, at the
price he is committed to pay the owner under his option. But 45,000sqft is enough space for
thirty 1500sqft, 3-bedroom, 2-full-bath units for seniors . Here at the Commons, 1450-sqft
similar units are selling for nearly $700,000 now (compared to non-senior similarly sized condos
in Los Gatos at more than $1,000,000). Thirty times $700,000 means at least a $21million
project. I'm sure there is a price for the land that would yield a nice profit to Mr. Lamb on a
project of that scope. Maybe with a single-level parking garage, Mr. Lamb could get 10-12 more
units on the land. And if the owner of the land comes to understand that no 83 ,000 sqft building
is going to be approved for his property, he will begin to understand that perhaps the land is not
worth as much as he once believed, making the property more affordable for Mr. Lamb . But
perhaps not narrowing the gap enough.
That's where we have to start thinking outside-the-box. Keeping in mind the State mandate and
taking the long view, what if the Town were to help financially bridge the gap on the price of the
property from the current owner to Mr. Lamb's company? I know I'm making this sound simple
when there are many hurdles, but 50 years of experience has convinced me that where there is a
will, there is a way, or a work-around. Yes, I'm aware that may mean all taxpayers in Los Gatos
could be asked to foot the difference in the bill . But there is precedence for all taxpayers
chipping in to maintain the quality and look-and-feel of a neighborhood-Almond Grove's
expensive concrete streets project comes to mind.
And there are other benefits to the citizenry of the Town beyond a fairly in-expensive way to lop
30-40 units off the State's mandated housing list, while maintaining the character of the
neighborhood. Proponents of Mr. Lamb's project have continually downplayed th~ traffic
Letter to the Mayor and Town Council Members
RE: 401-409 Alberto Way Proposed Office Project
September 10, 2017
Page Three
that will be generated from the anticipated 400 employees expected to jam rush-hour Highway 9
clear to Massol Ave in the afternoon, and eastward up to Los Gatos Blvd,.and westward to at
least Santa Cruz Blvd. in the mornings. Mr. Lamb has even acknowledged this traffic problem
by rather disingenuously injecting his free shuttle ride into the conversation (disingenuously I
believe, since he has conditioned the service to start only once his 83 ,000 sqft is fully occupied).
But with my proposal for 30-maybe even 40 units of Senior Living Units in an HOA
environment, everyone can agree that traffic will be much less, and be spread more evenly across
the day-time hours. All Los Gatans will benefit from this . How much would you pay each day
not to be delayed 5-15 minutes getting to work or to your favorite coffee place in the morning
while your car is emitting more pollution, and sucking dollars out your idling tail pipe?
There are real benefits as well for the business owners of Los Gatos. From my experience as a
business owner, and from helping many business owners sell their businesses, when the "new"
wears off from going to lunch downtown quite frequently after moving into their new digs, most
employees of big companies ta1ce very short lunch breaks so that they can quickly get back to
their project, so in turn they can leave ASAP after 5 :OOpm to get home for dinner with their
families. They will very quickly be brown-bagging their lunches, if their company doesn't
provide free meals to keep them at their desks even longer. The 50-75 seniors in a new 30-40
unit complex, on the other hand, will be doing every-day shopping in Los Gatos for all the things
that each of us need every day of the week. And restaurants with Happy Hours will see
increased traffic, since seniors like the affordability of the smaller Happy Hour portions, and the
ability to eat before 6PM and get back home for an early-to-bed night. More sales taxes from
Senior Condo owners for the Town.
And potentially much more real property taxes for the Town and its schools as well. There is
much more frequent tum-over of Senior Living units for obvious reasons. That means as prices
move up for the units over time , property taxes for the new buyer-occupants will be moving right
on up as well. Compare that to whatever property taxes the owner of an office building will be
paying ifhe holds on to the property for thirty-to-fifty years, the only increase will be due to the
incremental increase allowed by law, nothing for the inflationary increase in the market value of
the property .
So, there you have it.
A win for the current 401-409 property owner who can profitably get out from under his under-
performing property.
A win for Mr. Lamb who can build what he has demonstrated he knows best how to build, high-
quality residential at a profit. A chance to prove himself to truly be a contributing member of
Los Gatos , and perhaps put himself in the cat-bird's seat when ultimately the Los Gatos Lodge
Letter to the Mayor and Town Council Members
RE: 401·409 Alberto Way Proposed Office Project
September 10, 2017
Page Four
will be up for re-development. A fiscal win for him as he will have a path to recoup his already
sunk costs with a new profitable project on this site, and without the further costs to him of his
promised litigation should the Town deny his appeal.
A win for the residential neighbors of Alberto Way who would applaud the addition of another
Senior housing Project compatible with this neighborhood and one within the spirit of the
General Plan.
A win for the Town which will continue to be under the gun to add affordable and senior living
units, and which will profit over time by increased Sales Taxes.
A win for our schools from the acceleratingly higher property taxes generated from the higher
velocity tum-over of Senior housing units.
A win for all Los Gatans who will spend less time in traffic than they will face if the Town
approves the current project.
And a win for Los Gatos' retail business owners who will see repeatable increases in sales from
new full-time Los Gatos residents. Even if the seniors in the new complex are downsizing from
existing Los Gatos residences, (and we hope all of them are coming from bigger Los Gatos
homes) they will be leaving behind houses to be filled with young families who will spend even
more in Los Gatos than the seniors selling to them. Again, more sales tax money for the Town.
On September 19th, vote for the future viability of this Town while keeping it the kind of
community that we have all come to love. Vote to support your hard-working Planning
Commission's unanimous decision to deny the project. Let the rest of Silicon Valley figure out
how to continue to deal with increasing traffic.
It's possible. It just needs your vision and nudge to make it feasible.
Respectfully submitted,
John Mittelstet
jmitt@comcast.net
cc: Jennifer Armer-Town of Los Gatos Planning Staff
Jennifer Armer
From:
Sent:
To:
Subject:
Eric Morley <eric@morleybros.com>
Tuesday, September 12, 2017 6:17 PM
Town Manager; Jennifer Armer; Joel Paulson; Arn Andrews; BSpector; Rob Rennie;
Marcia Jensen; Steven Leonardis; Marko Sayoc
Please approve 405 Alberto Way
Dear Mayor and Council Members:
On behalf of Morley Bros., LLC, we are writing in support of the 405 Alberto Way application. We have been a tenant of
the building for nearly five years. We are in the process of moving out of the building (we move Thursday just down the
street to 475 Alberto Way) and no longer have any economic interest in the building or project. However, we have been
following the project since its inception and have watched the evolution of the application over time.
The applicant has reduced square footage; reduced height to essentially the height of the existing buildings, complies
with the General Plan and Zoning and requires no Variances or any Planned Development. The applicant has also
proposed significant roadway, bikeway, intersection and other improvements that are beneficial to circulation in the
neighborhood, intersection, Hwy 9 and Town.
There is a critical need for additional Class A office space in our Town and this site is uniquely positioned to provide it.
We request that you approve the project when it comes before you on September 19, 2017
Best,
Eric
Eric Morley
The Morley Bros.
405 Alberto Way, #3
Los Gatos, CA 95032
www.morleybros.com
408.497 .9722
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T~WN OF LOS GATOS
LANNING DIVISION
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il__ ~ I"""' J~r f 0 + J ~ 7 r.1 m e?)J1).Q.'f a. J l.........O t1'1 mo"-' '3' ../ •
110 E. Main Street
Los Gatos CA 95030
Dear Mr. Leonardis and Mr. Rennie,
RECEIVED
~ ~.\,veir~~
SEP 1 3 2017
L\4AVOR a TOWN COUNCIL
The committee at the Los Gatos Common working to understand
the 405 development had requested appointments with you both
to review the site but your schedules were filled so this short
letter will have to suffice. We did host the other town council
members around the site and Mayor Marico Sayoc In addition
toured the neighborhood and the Los Gatos Commons condo
complex, in case you have any questions.
I wanted to pass on a site map that we made available to the
other members. It illustrates the very tight traffic patterns on
Alberto Way. The str.-t parking Is made even more congested
when our neighbors return home from work at night since most of
the condo complexes allow for only one car.
The other Item I wanted you to be aware of. was the 405 Alberto
Way website that was up during the Fiesta de Artes. It was
disturbing In that it touts full support from the Town's
Planning Staff, a very deceiving endorae.-nent. I have also
included a brochure that was malled to many Los Gatos
residents In case you did not receive one. When we showed it to
Marlco Sayoc, she was unaware of it. In both cases, the level
playing field Is now In question.
Thank You
Marilyn Basham
439 Alberto Way A207
Los Gatos CA 95032
..
.-
405 Alberto Way.
Good for Los Gatos .
Lamb Partners, a leading Bay Area property development firm, is seeking to transfonn an
aging office complex located at 405 Alberto Way in Los Gatos into a modern, LEED~
certified office building.
Why is that good for Los Gatos?
Over 400 high-paying jobs closer to where people live
More commerce for downtown Los Gatos busi11esses
Free public shuttle bus service to downtown Los Gatos, reducing traffic and parking
problems
Much needed cash into the Town~s General Fund
Additional bike lanes and road improvements
405 Alberto Way has the full support of the Town's Planning Staff and meets all the
Town's General Plan and Zoning requirements. In spite of this, the project was rejected
by the Town's Planning Commission.
Thaf s why we're appearing before the Town Council on September 19th to gain their
approval.
We believe the facts show that 405 Alberto Way will provide significant economic gain
to our community, without negatively impacting the quality of life we all love.
Please take a tew to lean1 more about our proposal. And see if you don't agree.
In the process of developing 405 Alberto Way , we met and worked with neighborhood
groups to hear their concerns. provide solutions, and make changes to the project that
would benefit everyone involved .
Despite our collaborative efforts (and significant revisions to the original plan) a small
but vocal group of residents appeared before the Planning Commission in an eft(1rt to
derail the project. The}' succeeded.
And you know what? We get it. As the old saying goes, "Everyone like progress , but no
one likes change."
That said, we believe the facts prove that the responsible redevelopment of 405
Alberto Way will greatly enhance the quality of life for all of Los Gatos ••. our
neigllbors included.
That's why we're asking you to make your voice heard.
1. Email your support to the Town Council, Town Manager and Community
Development Department.
2. Please join us on September 19 to encourage the Town Council to approve the
project.
3. Share this website with your friends by email or Facebook
4. Contact us if you would like a presentation to your group or organization
We're committed to taking every measure possible to reduce our development's carbon
footprint whether its designating carpool parking stalls with charging stations for 27 clean
air vehicles, 36 bicycle stalls or a pedestrian/bicycle/ride-share program. In addition, we
plan on providing a free~of~charge shuttle service to and from downtown Los Gatos -for
the benefit of building occupants, neighbors and aJI residents. We call it: The CAT
(Community Area Transit). The service will run during the middle of the day. Monday
through Friday. coinciding with full occupancy of 405 Alberto Way.
The CAT will enable building occupants and aU residents to visit downtown for lunch or
shopping without adversely affecting downtown traffic or the limited supply of parking
spaces there. In addition to improving the quality of life for those who use it, the increase
in customers wilJ improve the bottom line for many downtown Los Gatos businesses.
There's also a synergy that exists between our plans and the Town's recent designation as
an '•Age-Friendly" community and its promise of transportation options for seniors.
We will begin test-driving The CAT on August 12 per the schedule below. Ifs a great
way to make it to and from Fiesta de Art.es or the Annual Summer Sidewalk Sale. The
CAT will run in a continuous loop with stops at Civic Center, Old Town and Safeway.
We estimate the loop taking from 30 to 45 minutes.
THE CAT SHEDULE
• Saturday, 8/12 Fiesta de Artes 9 :30am to 9:30pm
• Sunday, 8/13 Fiesta de Art.es 8 :30am to 5:30pm
" Friday, 8/25 Shopping or lunch, l0:30am to 3pm
• Saturday, 8/26 Annual Summer Sidewalk Sale, 10:30 am to 3:30pm
We've received enthusiastic support from downtown business owners who believe
bringing more customers downtown, without bringing more cars downtown, is just a shot
in the ann they need right now.
Jennifer Armer
From:
Sent
To:
Subject:
Attachments:
Dear Jennifer,
Marilyn Basham <marilynbasham@mac.com>
Wednesday, September 13, 2017 3:56 PM
Jennifer Armer
405 Development project
FIVE REASONS TO SAY NO.docx
Please include this letter in the stack you are preparing for the Town Council for Sept. 19, 2017 meeting. It is in regard
to the 405 Alberto Way Development.
Thank you for all of your help,
Sincerely,
Marilyn Basham
439 Alberto Way A207
Los Gatos, CA 95032
Ms • .Jennifer Armer
Community Dev. Dept.
11 O E. Main Street
Los Gatos, CA 95031
Dear Town Council,
My name is Marilyn Basham, a retired Physical Therapist and a
member of the Los Gatos Commons community. I have been
working with the three other residential properties on Alberto
Way in a study group focused on understanding the 401-409
Alberto Way proposed development since .July, 2016. I have had
the opportunity to review each of the transcripts from the
Planning Commissions meetings: August 1 O, 2016, August 24,
2016 and May 5, 2017. In reviewing these transcripts, I began to
appreciate how much the Planning Commission wanted to know
about the Alberto Way neighborhood; how it functions and what
impacts the proposed development would have on our lives.
From this probing, the Planning Commission saw how frightened
we seniors were about having to drive in a confusing
construction zone should the project be approved; how
concerned the Los Gatos Commons community was of possible
social and physical isolation during the two years of construction
and the continued gridlock afterwards. We support the Planning
Commissions' conclusion that the project is too massive and out
of scale for our dead end street.
One of the Commissioners defined our neighborhood exactly
when she stated, "This is a really unique place"! It's pedestrian
friendly, small scale, and a quiet neighborhood with sidewalks
and green lawns that pull people from their homes out to walk
and socialize. It's a place of seniors on walkers (over 50% of the
residents are seniors) along with children on bikes. It has a
commercial section but the businesses are service oriented and
they identify with the neighborhood, even inviting us to celebrate
in their one year anniversary party.
All along we seniors knew that something would replace the
declining business park but an 83,000 square foot monolithic
tech building is totally out of proportion for the town's guidelines
of "small town character'' and for our quiet residential
neighborhood.
FIVE REASONS TO SAY NO TO PROPOSED DEVELOPMENT
1. The proposed development would be a "negative visual
landmark, an eye sore" for the town of Los Gatos. When
seen from the Highway #17, you would sense the
unbalance of a historic, small scale town on one side of
the highway and on the other, an overloomlng, out of
portion, monollthlc building. It's as if the town were out of
sorts and unsure of it's center.
2. The proposed development Is so out of proportion to
anything in town that if approved, the scale might be
tipped dangerously close to "MEGA DEVELOPMENT". This
new standard would be in place and resetting the balance
back to the small town scale might be too difficult to
restore.
3. The proposed development would dramatically change the
character and tempo of the Alberto Way neighborhood
from a pedestrian friendly place to one dominated by cars,
over 330 from 401-409, and an additional 70 from 475-485
Alberto Oaks renovation. Walkers and bike riders would
have to cautiously approach the two level underground
garage exit/entrance. The cueing of cars to make a quick
left tum into the garage would make drivers anxious and
Impatient. This spot would be an accident 'just waiting to
happen". We have over 65 children on this street.
4. The underground garage would be a disaster for the
employees who have to sit In their cars stacking on two
levels waiting for a break in the street traffic to allow them
up the ramp to breathe fresh air. Dan Kirby, architectural
consultant, said," This is actually quite a bit of queuing. It
may not look it on the site plan but I can assure based on
experience that there is going to be plenty of queuing
along this In and out, both of cars coming in and going for
a garage this size" (page 141, Aug.1 O, 2016 transcript of
Planning Commission meeting).
5. Again after reading all the transcripts, It was clear that the
developers of 401-409 Alberto Way project never really
grasped the Idea of our small town character and the need
to blend into the neighborhood and never appreciated how
many times and in so many ways the Planning Commission
urged the developers to bring In a reduced scale project.
In the end, they didn't understand the neighborhood, the
town of Los Gatos, or the respect we have for our
guidelines.
Respectfully submitted,
Marilyn Basham
439 Alberto Way A207
Los Gatos CA, 95032
Jennifer Armer
From:
Sent
To:
Cc:
Subject:
Dear Jennifer,
Sharon Martin <sharon.hanley.martin@gmail.com>
Wednesday, September 13, 2017 4:27 PM
Jennifer Armer
sharon .hanley.martin@gmail.com
401-405 Alberto Way Project
I am a resident at 443 Alberto Way and would like to share my thoughts on the office building being planned on the
North West corner of Alberto Way.
I have lived on Alberto Way going on 4 years and have seen a tremendous increase of traffic on Alberto Way and
Highway 9 especially during the morning and afternoon commutes. It is often difficult to get through the Intersection on
one traffic light. I see traffic flow on this street and highway 9 becoming more and more congested, especially with the
size of the building being planned by the developers.
I attended the last meeting and watched and listened to all concerned. While I think that development will be built
there and should probably be built there, I highly recommend a much more scaled back approach be considered. This
street was not designed to carry the traffic a building o this size will generate.
I feel that the developers are not listening to what the home owners are concerned about, i.e . quality of life issues, fire
and police access to senior residents on this street, and the loss of our being able to enjoy walking safely in our
neighborhood .
In closing, I will be unable to attend the meeting on September 19th, as Jam attending a family member's funeral in
Southern CA . But please study the general plan carefully, before making any decisions regarding the development of the
property on 401-410 Alberto Way in Los Gatos.
Thank you for taking the time to review my comments as a concerned citizen of this community. I am not opposed to a
building being built here if it satisfies the recommendations of the General Plan and takes into consideration that those
of us who live on this street want a building whose size will be more fitting in our neighborhood.
Sincerely,
Sharon Martin
443 Alberto Way, Unit 8220
LOs Gatos CA. 95032
Sent from my iPad
My name is Thomas Dunn and I live at 420 Alberto Way . I have lived in LG for over
40 years. and what I enjoyed about living here and especially on Alberto way
is still the small town feeling, ,quite neighborhood, the friendly people and the
picturesque views of mountains, redwoods and spectacular sunsets.
All this will be lost if the development moves forward as proposed
• I feel very fortunate to be able to wake up to this every morning,
• And then at night we are all able to watch spectacular sunsets drop
down behind the mountains
This may not be important to some people but it's very important to the people
in the 18 units in the front of our complex that share this view. and (that's why
here we chose to live here}
We're not opposed to some development at this proposed site but with close to
the same footprint 35-45,000 sqft and no 2 story underground parking.
This proposed development has been denied twice by the planning commission
and I have faith in the town council to uphold their decision to deny this project.
Recommendations by the planning commission were given to the developer to
reduce the size of the building by 30 to 50%. Maximum of 45k sqft. he ignored
them with attitude and said that he will build this size and also the 2 story
underground parking lot and no compromise. Is this the type of developer we
want to develop our town who doesn't listen or obey the planning commission
recommendations and guidance. What will he do next?
Well, now there is an attempt by the developer to try to move the focus of this
project to a one shuttle service to cover all of downtown, safeway, businesses,
high school children and senior citizens. This is complete ridiculous and please
don't get fooled by these false promises.
I encourage you to deny this appeal to not move forward with this project
RECEIVED
SEP 1 3 201"1
TOWN OF LOS GATOS
PLAN~\!!NG D!VISiON
Jennifer Armer
From:
Sent:
To:
Subject:
Cheryl Huddleston <chehud@comcast.net>
Wednesday, September 13, 2017 5:10 PM
Jennifer Armer
Alberto way and other developments
I do not understand why developers feel that the Town of Los Gatos is obligated to provide them a huge profit on their
projects. This is to the detriment of our comfort and well being. They say it will provide more jobs, okay where are those
people going to live?
When we moved here in 1971 there was a huge amount of development which created a revolt among the citizens. The
slogan was "Enough is enough" meaning we were all fed up with the increased building which in turn increased traffic,
crowded schools, etc. Look at the staff that the town has now versus in 1971, compare that to the amount of
population. A lot of that is due to servicing the developers.
Anybody thinking of more parks? I think they should require more open green space not just parking lots.
I feel they should limit the capacity to what is already there, no more.
Thank you, Cheryl and Stan Huddleston
55 Church Street, Unit 1304, Los Gatos, CA 95030
Planning
From:
Sent
To:
Subject:
Bonna Kauffman < bonnasue@yahoo.com >
Wednesday, September 13, 2017 5:59 PM
Jennifer Armer; Planning
401-409 Alberto Way
.... and to add to Melanie Kemp's post on NextDoor, I question who is going to pay Los Gatos rents to
fill up this new office space at 401-409 Alberto Way? I bet before long, the shuttle will be
unsustainable because the developers might no longer be able to fund such a luxury due to vacant
office space.
Without the whole road of Alberto Way being reconfigured, this is a dangerous situation. The road is
curvy and right now when cars are parked on both sides of the street, it's quite a feat for 2 cars to
pass each other in motion. Heaven forbid one is distracted!
This development is a no-brainer and needs to be denied.
-Bonna Kauffman, Bella Vista Village, 109. Treseder Ct
P.S. If Natasha Malenko, Teri Hope, Nick Momsen, Ling Hullon (supporters of the development in the
glossy mailing) lived on Alberto Way as we do, they certainly would be singing a different tune, you
think?
1
Jennifer Armer
From:
Sent:
To:
Subject:
Hello, Jennifer,
Kemp, Melanie <Melanie.Kemp@cbnorcal.com>
Wednesday, September 13, 2017 6:18 PM
Jennifer Armer
Re : PLEAS E INCLUDE THIS in Town Council members' packets for Sept 19 hearing
I posted an article on the NextDoor/Los Gatos website this afternoon that summarizes a new concern the residents of
Alberto Way have for a new ploy the developer of 405 Alberto Way has made to the Town Council -approval of his
project in exchange for providing a free shuttle bus. I ask that you please forward this to the Town Council in advance of
the hearing scheduled for"September 19 .
Thank you.
Melanie Kemp
17 4 Cuesta de Los Gatos Way
Los Gatos, CA 95032
(Homeowner in Bella Vista Village townhomes off Alberto Way)
(l\JextDoor Post on 9-13-17 by Melanie Kemp)
405 ALBERTO WAY: Developer's Glossy Brochure is a Con for Getting Town Council Approval
I applaud well-planned public transportation. As a resident of Los Gatos for the past 17 years, I also recognize the
problem our town is having with the lack of sufficient parking and the increased congestion we're experiencing both
downtown and in our residential neighborhoods.
I'm afraid the intersection of Alberto Way and Highway 9 near the Los Gatos Lodge is no exception. The problem is
exacerbated by the fact that this is also the intersection of major arteries transporting 3,928 children to the local
elementary school , junior high and high school \vith two access ramps on and off Highway 17.
A glossy, multi-page color brochure was mailed last week and social media advertising is currently blasting to
thousands of Los Gatos :-esidents and local merchants by a developer who's spending an enormous amount of
money to win approval from the Town Council to build an 86,000 sf office building at 405 Alberto Way with two
levels of underground parking. The new plan would replace an existing 36,000 sf building. The developer estimates
there will be 400 employees on site.
In contrast to what the developer purported in his glossy brochure, this plan has been STRONGLY contested by four
residential developments on Alberto Way comprised of 221 homeowners on the basis of size, mass and scale and
was UNANIMOUSLY REJECTED BY THE PLANNING COMMISSION several weeks ago after numerous hearings
in the Town Council Chamber for the past year and a ha lf. The Planning Commission suggested the developer
reduce his square footage by one third to one half which the Alberto Way neighbors supported, but the developer
flatly rejecte d ANY reduction.
The developer is now appealing the Planning Commission's unanimous decision to reject the proposed plan to the
TOWN COUNCIL in a hearing scheduled for September 19. See details, below. In a clever attempt to overturn the
Planning Commission's prior decision, the developer is offering a clever "cookie" to the Town Council and downtown
merchants by providing a small shuttle bus from his new building site that will circle downtown Los Gatos every 30
minutes from Monday through Friday to alleviate downtown traffic and congestion IN EXCHANGE FOR THE TOWN
COUNCIL'S APPROVAL OF HIS PROJECT.
Unfortunately, this developer's offer is plagued with problems:
1. The developer has made a strong appeal to local students; but realistically if you're a high school student and
miss this west bound shuttle at 2:10pm, are you going to wait another 30-40 minutes to catch it on the next loop?
2 . Half the student population from Los Gatos High School gees east on Main Street after school rather than west
on Main Street. How does this shuttle serve even high school students?
3. As a downtown shopper, are you going to wait for the next bus with bags in hand? That's assuming, of course,
there are no other students or Los Gatos residents already on this shuttle. (Los Gatos High School currently has
2,060 students; Fisher Junior High has 1,288; and Louise Van Meter Elementary has 580 for a total of 3 ,928
students.)
4. No one can plan on this shuttle as a reliable means of transportation. This is a particular problem for students and
their parents. Some days the student may catch it, most days they will not.
5. How realistic is it that one shuttle is going to cause any appreciable difference in the parking and traffic
congestion we have in Los Gatos? To move a substantial amount of traffic, most communities run large shuttles
approximately every 10-15 minutes. How many LARGE shuttles would it take to sufficiently provide service to
downtown Los Gatos?
6. Do you think the developer would ever agree to maintain the expense and liability of running MULTIPLE shuttles
all day in Los Gatos from his building site, or is this one small shuttle just another ploy to win the Town Council's
approval?
7. If the Town Council approves ~his project and the developer then decides to sell it, there is no obligation for the
next owner to provide any shuttle service.
Let's call this what it is ... a cookie offered to the Town Council which does not come close to alleviating our traffic
congestion in exchange for approving the developer's plan to build an 86,000 square office building which will only
increase our traffic problems with their estimated 400 employees.
I plead to the Town Council to reject the current plan submitted by the developer for
construction of an 86,000sf office building at 405 Alberto Way and instead recommend
the developer reduce his plan to 45 ,000sf which is still significantly larger than the
current 36,000sf buildings thereby reducing extreme foot and traffic congestion,
blockage of hillside views and the risky engineering feat of building two levels of
underground parking .
Thank you,
Melanie Kemp
17 4 Cuesta de Los Gatos Way
Los Gatos, CA 95032
(Homeowner in Bella Vista Village townhomes off Alberto Way)
Jennifer Armer
From:
Sent
To:
Cc:
Subject:
Laura Patton <laura.patton@flex.com>
Wednesday, September 13, 201710:19 PM
Steven Leonardis; Rob Rennie; Marcia Jensen; Marico Sayoc; BSpector; Joel Paulson;
Town Manager; Jennifer Armer
Laura Patton
REJECT 405 ALBERTO WAY
Dear Town of Los Gatos City Council,
I live at 435 Alberto Way Unit #11. I have been a Los Gatos town resident for 14 years. My money goes to Los Gatos. I
bring business meetings (dinner/lunches/gatherings/conferences/outings) to Los Gatos. I shop almost solely and
exclusively in Los Gatos stores, use Los Gatos daycares, and hire community members to help me run my household.
I am adamantly opposed to the expansion of 405 Alberto Way. I ask for the town to reject the Appeal based on the record
and the dozens of town's General Plan, Commercial Design Guidelines his plan violates, the many unidentified and
unmitigated Environmental Impacts.
I protest the bias and promotion of outside developers' interests vs. the lawn's Citizens if Lam's assertions about the Planning
Department are true.
Fact: the structure proposed by 405 Alberto Way WILL negatively impact the residents on Alberto Way. There are seismic studies
that show scientific proof that the foundation at 435 Alberto Way will have structural damages if 405 Alberto Way builds the
proposed expansion.
Please confirm that you have received my email. Plea se advise where you stand on 405 Alberto Way, I look forward to your
feedback.
Thank you for your time,
Laura Patton
flex
Laura Patton
Vice President, Cisco Business Solutions
6201 America Center Dr.
SanJose,CA 95002
408-576-1954 (Office)
408-705-3715 (Cell)
laura.pa~-:>n@flextronic::.com
www.fextronics.com
Legal Disclaimer:
The information contained in this message may be privileged and confidential. It is intended to be read only by the
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this message i n error, please immediately notify the sender and delete or destroy any copy of this message!
Jean Farren Jones
443 Alberto Way, Unit B 218
Los Gatos Commons
Los Gatos, CA 95032
Jennifer Armer, Planning Staff
Town of Los Gatos
110 E. Main St,
Los Gatos, CA 95030
Dear Ms Armer,
RECEIVED
SEP 1 4 2017
TOWN OF LOS GATOS
PLANNING DIVISION
Please include the attached information, which was endorsed by the Los Gatos
Commons, Board of Directors, with the packets for the Town Council members
hearing on September 19, 2017,for 405 Alberto Way,
Thank you,
~-~
Vean Farren Jones Presi ent
Los Gatos Commons HOA
September 13, 2017
At the Planning Commission hearing of May 10, 2017, the Commissioners evaluated whether or
not LP Acquisitions had made "significant'' changes to their proposed project at 401-409 Alberto Way.
The original proposal was for two office buildings totaling over 93,000 sq. ft. The Commission gave
directions for changes and, on May 10, the developer presented a proposal for one building of 83,000
sq. ft. Finding that significant changes had not been made, the Commission denied the project. The
reasons for the denial are contained in the "whole record" (5/10: 162-64), that is, the transcripts from
the hearings of 8/10 and 8/24/2016 and 5/10/17.
We residents of the Los Gatos Commons wish to respond to the developer's appeal of the
Commission's decision to deny approval for the 401-409 Alberto Way project. We support the Planning
Commission's decision and offer counter arguments to the developer's grounds for appeal.
First Reason for the Developer's Appeal: The Planning Commission erred or abused its
discretion because the Commission's decision to deny the Project and refusal to certify the
Project EIR were n·ot based on substantial evidence
The Developer's Arguments:
1. The Commission subjectively considered only one General Plan policy (1.4) and only
one Commercial Design Guideline (1.4), arbitrarily disregarding the entire General Plan,
zoning code, and CDG and choosing not to apply the objective development standards to the
Project.
A. Did the Commission only consider one GP policy and one CDG?
In point of fact, the Commission also found inconsistencies with LU 1.8 and LU 6.5 (both "Mandatory")
and to COG 2.3.3 and 2.3.5 by number.1 In addition, the Commission pointed to inconsistencies with 25
additional GP policies identified not by number but by quoting or paraphrasing them. 2
1 LUl.8 (8/24: 7, 98, 100, 110; 5/10: 8-9, 129, 154); LU6.5 (8/10: 123, 125, 135; 8/24: 7, 23, 30-34, 37-39, 51-52, 75,
96, 99, 110; 5/10: 20, 26, 28, 122, 129, 156, 163}; CDG2.3.3 (8/10: 20; 8/24: 15, 107, 115); CDG2.3.5 (8/24: 30, 109-
110).
2 LU4 -8/24: 7, 98, 100; 5/10: 154, 159;LU4.2-8/24: 54; 5/10: 154, 156, 159; LUG-8/24:51-52, 72, 98; 5/10: 153-
57; LU6.1-8/24: 7, 27-29, 44-45, 49-50; 5/10: 135, 139-47; 153-54, 156-57, 159; LU6.2-8/24: 7, 30-31, 51, 98;
LUG.3-8/10: 18, 20; 8/24: 15, 107, 115; 5/10: 128, 153-56; LUG.4-8/24: 7, 30, 54; 5/10: 153, 156-57; LU6 .8
1
B. Was the finding that the project was "too big" arbitrary?
Actually, as Commissioner O'Donnell said, 6 Reduction in size addresses a lot of problemsu
{8/24: 104). Some of these problems:
• The proposed two-story "massive,", "more bulky and massey," imposing building, with
a "strong sense of bulk" [as described by Commissioners) (S/10: 8-9, 21-23, 26, 28, 154,
156), which stretches almost from one end of the site to the other, is dramatically
larger in scale and mass than neighboring structures. A smaller building (s) would be
the right flt with the character and sense of place for the neighborhood.
• The public 11iews of the hills would be totally blodced by this 83,000 sq . ft. building (and
the private view from Pueblo de Los Gatos also blocked) {5/10: 125, 163). The existing
smaller buildings do not (and other smaller, well placed buildings would not) block the
views.
• The construction of a two-story underground garage for 330 cars will likely cause
property damage to neighboring properties, according to expert civil engineer and
hydrologist, Dr. Peter Geissler (5/10: 139-40, 142-44, 146-47, 153-54). A smaller office
complex with fewer cars to park would not require a two-story underground garage.
• The residents of Alberto Way will experience a significant increase in traffic on their
narrow, single access street and at the intersection with Los Gatos-Saratoga Road due to
the introduction of 330 cars going in and out of the project (5/10: 35-37, 128, 131-33,
154, 156-57). A smaller office complex with fewer tenants would bring fewer cars .
• Las Casitas residents will lose privacy with the two-story proposed building placed
adjacent to their development {5/10: 24-25, 33-37, 128, 155). If the office building (s}
was smaller, it would not have to be so close to Las Casitas.
C. Was the finding that the project was "too big0 entirely subjective?
(Mand.}-8/24: 30, 51, 72, 74-75, 96-98, 100, 104-05, 115-17; 5/10: 125, 128-29, 153-54, 159, 161; LU9.9
(Mand.)-8/10: 18, 20; 8/24: 15, 107, 115; 5/10: 24-25, 128, 155-56. In CD, CD1.2 (Mand.): 8/24: 51; 5/10: 125,
153-54, 159, 163; CDl.4 (Mand .)-8/10: 136; 8/24:51; 5/10: 125, 153-54, 159, 163; CD16 .1: 8/24: 6-7, 96, 109-10;
5/10: 125; CD16.3 (Mand.)-8/24: 6-7, 96, 109-10; 5/10: 125, 163. In TRA, TRA2.5-8/24: 96-97; 5/10: 154;
TRA3-8/10:115,117;8/24:19,54,82,108;5/10:156;TRA3.10-8/10:115,117;8/24:19,54,82, 108;5/10:156;
TRA3.12-5/10: 157; TRA5 .4-8/10: 115, 117; 5/10: 131, 133. VIS 2 & 3: 5/10: 154, 159-60; HS10 & HOU5 .3
&6 .4-5/10: 154. And in CDG, 1 .3: 5/10: 154, 158; COG 1.5.1: 5/10: 153.
2
On the contrary:
• The square footage of the building is dramatically and significantly greater than that of any
other commercial building on Alberto Way and much greater than any other office building in
the neighborhood (see attached illustration).
• The density of the proposed office building in terms of its tenants is far greater than that of the
"medium-density'' neighborhood of Alberto Way (8/24: 99, 110). The building will have 330 plus
tenants and the developer indicated that there would be no Heap" on the number of tenants
(5/10:20).
• Photographs show that the public view of the hills from the west sidewalk, used regularly and
frequently by Commons residents and by other neighborhood residents, will be completely
blocked by the proposed building (see attached illustration-views from 3 vantage points).
• Alberto Way is a single access street that is also narrow and windy. (That is why there was so
much talk about straightening and widening it to accommodate traffic and allow easy access for
emergency vehicles.) Note General Plan TRA 2.5.
• Seniors are about half the adult population of the Alberto Way neighborhood. There are
about 335 adult residents. Seniors number 133 at The Commons and about 37 at the three
other developments combined. The presence of seniors (by and large, retired) driving and
walking through the neighborhood throughout the day gives the neighborhood its character and
sense of place to a great degree. They are especially vulnerable to traffic delays and dangerous
traffic conditions given their frequent need for medical services and therapeutic walking. Thus,
it is reasonable for the Commissioners to give weight to the needs of seniors (5/10: 154, 157).
D. Did the developer achieve 80-90% of what the Planning Commission
directed so that their denial was subjective?
Frankly, no. Consider five changes that the developer suggests meet the directive. The
changes actually do not meet the directive.
• First and second, the developer claims he reduced the size of the building significantly:
The two buildings were combined into one and the square footage reduced by 9,000 sq . ft. (9-
10%), and the height was reduced by 5.5-6 feet, which reduced the volume by 25% .
However, the Commission found 9,000 sq. ft. an insignificant reduction {5/10: 128, 152-
56, 159-61}, and building size is considered by the Town in terms of square feet, not "volume" {5/10:
10).
• The other three changes address the neighbors' concerns, according to the developer:
The building was relocated to the rear of the site to enhance the views of the mountains when
viewed from property on the east side of the street.
3
However. the view was not NenhancedN but, rather. remains completely blocked on the west
side (the public view of neighbors who walk up and down that sidewalk) and largely blocked on
the east side of the street.
The building was shifted ten feet away from the property line of Las Casitas.
However. the Las Casitas residents still have concerns about loss of privacv due to the
second story windows that look from the proposed building down on their yards and windows
(5/10: 104-05).
The surface parking was increased in response to concerns from the Town and the neighbors
who will Jose eight parking places on the street.
However, none of the surface parking will be available to the residents, according to the
developer (8/24: 12; also personal communication from Mr. lamb at a community meeting).
E. Did the Commission privilege the neighbors' perspectives on
neighborhood scale over "community expectations" and town scale? MR.
LAMB ALSO ARGUED THAT THE NEIGHBORS WANTED NO DEVELOPMENT
ON THE SITE (5/10:31).
Actually1 the project's square footage compared to other office buildings in Las Gatos
was a concern of Commissianers1 and Town records show that the largest office
building south of Lark is at 750 University at 62,150 sq. ft. (5/10: 8-9). University is not
a quiet residential street; the speed limit is 35 mph. The proposed building is more than
twice the size of Palo Alto Medical Center (40,000 sq. ft.) on Los Gatos Blvd.
Moreover, letters from the residents' representatives August 18, 201.6 advocated far
Alternative 1., Option 2 ("Existing Square Footage") as described in the DEIR. 3 In this
plan, the existing buildings would be demolished and new structures built. The Planning
Commission supported this idea in principle, suggesting that the combined size could be
increased from 31,000 sq. ft. to less than 60,000, perhaps to 43,000 (8/24: 4, 46-48, 50-52, 86,
94-95, 104-05, 115-19; 5/10: 125, 127-28, 155-56). Residents do not oppose a reasonable
increase over 31,000 sq . ft., and representatives from all four developments support a size of
45,000 sq. ft.
F. Did the Commission not consider the project's compliance with the zoning
code, as the developer argued?
3 DEIR: 6-11. Alternative 1, Option 2 would result in less potential environmental impact and would meet a
portion of the objectives of the proposed project. Arguably only one of the objectives is in question.
4
Actually, the General Plan does not consider the Zoning Code paramount: "Land use
decisions encompass not only zoning, but circulation, design, open space, and other
factors" (General Plan INT-1).
G. Did the Commission arbitrarily/subjectively ignore Cannon Design's
conclusion that the project complied with the Town's guidelines?
Actually, Mr. Cannon recommends "starting the design with the goal of creating
multiple structures with smaller scale modules ... " [similar to the existing complex]. He
concluded that the project still seems "to read as one large office building without a
breakdown in scale related to the neighborhood or the Los Gatos existing small town
scale" and the design does not have "the careful attention to architectural ... detail
similar to the Town's residential architecture" (March 17, 2017, p. 3).
H. Did the Commission refuse to consider information submitted indicating
that a smaller building was infeasible?
Actually, (quoting from attorney Rachel Mansfield-Howlett), A developer's bare
assertion that a smaller project is infeasible does not meet the standards of infeasibility
laid out in Citizens of Goleta Valley v. Board of Supervisors (1988) 197 Cal.App.3d 1167:
"The fact that an alternative may be more expensive or less profitable is not sufficient to
show that the alternative is financially infeasible. What is required is evidence that the
additional costs or lost profitability are sufficiently severe as to render it impractical to
proceed with the project." (Citizens of Goleta Valley v. Board of Supervisors {1988) 197
Cal.App.3d 1181; See also Kings County Farm Bureau v. City of Hanford {1990) 221
Cal.App.3d 692, 736; City of Fremont v. San Francisco Bay Area Rapid Transit District
{1995) 34Cal.App.3d 1780.)
Unsurprisingly, many developers doggedly resist altering projects and prefer to build
their proposed project unaltered. This understandable penchant does not supplant
alternative review; otherwise, CEQA review would be futile (Burger v. County of
Mendocino (1975) 45 Cal.App.3d 322 [absent an estimate of income or expenditures
supporting the conclusion that reduction of a motel project or relocation of some units
would make the project unprofitable, an infeasibility finding based on economic factors
could not be made.]; Citizens of Goleta Valley v. County of Santa Barbara 197 Cal.App .3d
1167 [record including no analysis of the comparative costs, profits, or economic
benefits of scaled down project alternative was insufficient to support finding of
economic infeasibility]; Uphold Our Heritage v. Town of Woodside {2007) 147 Cal.App .
4th 587 [project applicanrs preference against an alternative does not render it
5
infeasible]; (Save Round Valley v. County of Inyo (2007) 157 Cal.App.4th 1437}. Here, the
developer has not submitted any data sufficient to show that purported additional costs
or decreased profits would render it impractical to proceed with the project, as they
must.
I. Did the Planning Commission abuse its discretion when it refused to
certify the EIR?
Actually, Mr. Joel Paulson told the Commission it would be ,..proper'' to deny the
project and not certify the EIR (5/10: 151, 161).
2. Second Reason for the Developer's Appeal: The Planning Commission did not have
discretion to modify or address the following policy or issue that is vested in the Town
Council In at least two respects.
The developer argues that a municipality has discretion to approve a project even if it is
not found to be consistent with "each and every'' plan policy. But the Planning
Commission did not find that the developer's project was not consistent with every GP
policy. In order for the Town's plans and policies to have any weight or efficacy, they
must be able to be used, where appropriate, to deny a project approval, otherwise,
what would be the purpose of adopting land use goals and provisions at all? In fact,
General Plan consistencies are relevant to the approval or disapproval of the CUP
application. The Commission had discretion to deny the project.
The developer also argues that the General Plan guidelines are merely advisory. That
means that the Town can adhere to guidelines. Moreover, some guidelines (those that
include "shall") are "mandatory" according to the General Plan. Should these not be
considered to have special weight?
6
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LOS GATOS/SARATOGA RD. (WEST FROM AlBERTO WAY)
Town Council
Los Gatos, CA
September 13, 2017
Dear Council Members,
-;" "'.;: ~ -r:: .... ~-:::; ~
): "''----~~-. "-ii.)
SEP 1 4 2017
TOVVN OF LOS GATOS
PLANNING DIVISION
I am writing to give you an assessment of how seniors at The Commons have been and will be
affected by the developer's application process, the community meetings, the hearings, and the
developer's publicity about the 405 Alberto Way project. I do this from a professional perspective.
I have a Ph. D. in Cultural Anthropology and worked for 30 years as a professor and researcher.
One of my areas of expertise is the anthropology of aging. My publications include an article in Journal
of Cross Cultural Gerontology and a book, Husbands and Wives (2010) that analyzes changes over time
in the cultural and social organization of the aged. For my research I received 3 research grants from the
National Institute on Aging, a grant from the Sandoz Foundation for Gerontological Research, and a
postdoctoral fellowship from the National Institute of Mental Health.
My work and teaching has examined how changes in physical, economic, social, political and
religious circumstances affect the elderly and how and why they respond as they do. I live at The
Commons and have observed the impact of the proposed development on the seniors and their struggle
to get it reduced in size.
CEQA Sec. 15131 reads that social effects may be used to determine the significance of physical
changes caused by a project. So if construction affects a community negatively, construction is physical
change but the social effect on the community would be the basis for determining that the effect would
be significant. In my opinion, the proposed huge building at 405 Alberto Way, the two-level
underground garage, and the increased traffic, as well as the developer's attitude toward the senior
community, will have a negative impact on the senior population at The Commons. In fact, it has
already begun to do so.
How so? In four respects.
First, the sense of self worth of the members of the Commons community is challenged. I lived
at the Commons before and after the proposed project was a possibility. Now, I often hear comments
that the developer thinks Hwe don't count''; "we don't matter;" "we helped build this town; are we
going to be discarded?" After the developer distributed his brochure, I hear "Are we going to be thrown
under the shuttle bus?" The developer encouraged these feelings by telling individuals at community
meetings that he did not care about the residents, only the building.
Second, seniors are beginning to doubt that they can remain independent, especially when it
comes to driving themselves around town to their appointments and shopping. I hear "How am I going
to get to my doctor appointments on time?" "Will my therapist be able to get through the traffic to
make her appointment with me?" "Can I still drive myself if the traffic gets worse?"
Third, seniors are beginning to become uneasy about maintaining social connectivity, again
because of fear of traffic congestion and speeding drivers trying to get through the intersections and
onto ramps to highway 17. People say to each other, "Can I get my grandchildren to school or ball
practice on time? I don't want to let my family down." "Can I be on time for exercise class or my club
meeting?" "Maybe I won't try it if the traffic on the street gets bad."
Fourth, the residents of The Commons are beginning to worry a bout their safety if they continue
to walk up the street to the intersection. And they especially worry about their financial independence.
"Will I be able to take care of myself if the value of my property declines" or if "the problems that can
come from an underground garage (broken pipes expensive to fix) occur"? "What will happen to me if I
need to sell my unit and it is hard to sell because of the construction mess or, later, all the traffic"?
When I moved here about 4 years ago, I heard stories, humorous anecdotes, laughter, helpful
advice, and so on-a positive, happy community here at The Commons. So it is disturbing to hear this
shift in attitude.
Are these fears realistic? I think so. If the developer is allowed to build this 84,000 s.f. building
and 2 story underground garage in defiance of the Planning Commission and the residents, the feelings
of humiliation and sadness will intensify. If the 330 plus cars, on top of the 100 cars coming to and from
475 and 485 Alberto Way, cause the delays that are expected, the seniors' trips to take care of business
or visit friends and family will be relegated to the times of day when traffic is light. They will be more
isolated than they are during the beach traffic on the weekends. A decline in physical activity is quite
possible if seniors are reluctant to walk across the busy driveways of the proposed building. Financial
insecurity is a reality for people in their 70s and above. If it becomes necessary to move to a memory
unit or assisted living, most people at the Commons would rely on their nest egg, their unit-where
most of their savings went. If the value of these properties falls or if it becomes more difficult to sell the
units because of construction or the deterioration of the quiet, low traffic, small town character of
Alberto Way, it could be harder to afford a new residence somewhere else where there is professional
help .. Very likely.
Alberto Way is heavily populated by seniors-about 170 live here (half of the adult population).
In my opinion, if the developer succeeds in getting approval for this huge 83,000 s.f. building with all its
associated traffic, this change will be detrimental to individual seniors and to the senior community at
The Commons. I urge you not to allow this to happen.
s~
Loretta Fowler, Ph . D.
Professor Emerita of Anthropology
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