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Attachment 9 - Apr. 26, 2017 Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 Mary Badame 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 9 LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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: Now we can move to the first public hearing, which is Item 2, which is Winchester Boulevard 15860, 15880, and 15894. May I have a Staff Report, please? JOCELYN PUGA: Good evening, Chair and Commissioners. The proposed Architecture and Site and Subdivision Applications were last considered by the Planning Commission on January 25th of this year. The Commission continued the applications with direction to the Applicant to consider incorporating comments made by the Commission at the January 25th meeting. In response the Applicant has made revisions to the plans, which include modifications to the architectural elements of the building, siting of the building, site elements, and clarification to the landscape sheets with regard to the consulting arborist’s report. Additionally, the Applicant’s traffic consultant, Hexagon, has provided a letter that is included as Exhibit 26 to address concerns raised regarding traffic and safety. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 Lastly, the Applicant continued neighborhood outreach by meeting with the neighbors twice on February 16th and March 2nd to discuss changes to the project. Meeting attendees for the February 16th meeting are included as Exhibit 25. Should the Planning Commission determine that the direction provided has been adequately addressed it can take the following actions contained in Exhibit 21 to approve the project with the Conditions of Approval included as Exhibit 22. There is an Addendum and Desk Item before you this evening that contain additional public comments received after this distribution of the Staff Report, in addition to a revised project information sheet by the Parks and Public Works Department. This concludes Staff’s presentation and we are available for questions, along with the Parks and Public Works Department; as well as the Town’s traffic consultant, TJKM; and the Town’s environmental consultant, EMC. CHAIR O'DONNELL: We do have two Desk Items, which I think were earlier sent to us by email, but were given to us physical today. Does anyone need any further time to look at these? All right, are there any questions of Staff? Yes, Commissioner Hudes. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 COMMISSIONER HUDES: I had two questions, and I may very well have missed this point, but the existing residences at 15880 and 15860, those will be demolished, correct? JOCELYN PUGA: That’s correct. COMMISSIONER HUDES: And that’s part of the application to demolish those? JOCELYN PUGA: That’s part of the Architecture and Site Application. COMMISSIONER HUDES: Okay, and was there historic consideration on those properties? JOCELYN PUGA: There was. The homes went to the Historic Preservation Committee and were removed. COMMISSIONER HUDES: So I missed that. Thank you. The other one was about occupancy, and I wondered if there are any options to limit occupancy? I think there has been discussion about how many people may be working there, and the Applicant has suggested some numbers ranging from 125 up to 300. Are there any options for the Planning Commission to limit the occupancy? CHAIR O'DONNELL: I defer back to Staff. I have my own opinion, but I’m not sure Staff heard the question; there was another conversation going on. If I understand, you’re saying if we assume for the moment the occupancy LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 might otherwise violate some of our ordinances, is there something we can do about it, is that the correct question? COMMISSIONER HUDES: Yes, that’s correct. CHAIR O'DONNELL: All right, so I’ll direct that to Staff. JOEL PAULSON: I would just offer that building code is what regulates occupancy. If you want to modify that in some way, I guess it’s possible. I haven’t seen that tactic taken to date, at least with my time here, and I would look to the Town Attorney if he has any additional input on that. CHAIR O'DONNELL: I’m not sure if that’s what you’re asking, or is it? COMMISSIONER HUDES: It actually is what I was asking: Were there any options for the Planning Commission to limit occupancy? CHAIR O'DONNELL: In retrospect? In other words, are you applying it to this matter, or just in general? COMMISSIONER HUDES: No, to this matter as we consider this particular project in front of us. JOEL PAULSON: I would just offer in addition, we don’t have the actual Building Code occupancy here today, so I wouldn’t be able to give you a starting point and whether or not your number would be limiting it by some LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 percentage or not limiting it at all; it actually may be over what can be proposed. CHAIR O'DONNELL: Let me just ask Counsel, were one to amend that and somebody is already there, they might have some vested right, or not? ROBERT SCHULTZ: We do have in our municipal code, in our zoning, that restricts that we can do, restrictions based on occupancy levels. We use the Building Code, as Joel mentioned. If that’s something we need to look at, we need to look at it globally and not just start discretionarily determining project-by-project. It’s the same as we’ve dealt with this issue with, let’s say, for restaurants. We do have a seating requirement that might say you can have seating for 24, but that doesn’t limit the occupancy to 24 people; they can have much more in a restaurant based on their occupancy. So it’s something that we’ve wrestled with in both the restaurant and with possibly office, but our code does not give us that opportunity to restrict occupancy levels. COMMISSIONER HUDES: Thank you. CHAIR O'DONNELL: Commissioner Badame. COMMISSIONER BADAME: Is there a reason the story poles weren’t updated on the southern side of the property LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 so that we could get a perception of the reduced height on the southern side? JOCELYN PUGA: The Applicant can respond when they’re speaking to Commission about why the story poles weren’t modified. COMMISSIONER BADAME: Thank you. CHAIR O'DONNELL: Commissioner Hanssen. COMMISSIONER HANSSEN: I had a question about traffic, and it might be partly for Staff and partly for the traffic consultant. We did receive a detailed letter—I don't know if members of the audience had a chance to review it—from the traffic consultant addressing two specific questions about left turns onto Winchester and the traffic light, whether it had a traffic light at Shelburne Way. I appreciate those answers, and then Parks and Public Works in addition gave us a comment letter and went through some of these issues. I had a more general question about the traffic situation and it was this: A number of the residents are still concerned about traffic turning left onto Winchester, so I just wondered if the current proposal which had basically roughly a third of the parking on the ground level and facing Winchester and coming out onto Winchester with the remaining parking underground coming out onto LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 Shelburne, I wondered if that was the best solution for safety? Like is it possible that it might be safer if all of it were, as some of the residents proposed, coming out of Shelburne, or would that cause more concerns or unintended consequences? I don't know who is the best person to answer that question, but I just was trying to understand if that is the best design from a safety perspective. JOEL PAULSON: We have Parks and Public Works Staff here to answer that. CHAIR O'DONNELL: Before you do that, could I just ask one question? We do have a traffic report that does, were one to take that, answer the question. The question I guess I have is is that traffic report something that the Staff would stand behind? In other words, does that express your opinion? JOEL PAULSON: I believe Ms. Petersen can answer those inquiries. LISA PETERSEN: Thank you, Lisa Petersen, Town Engineer. Yes, we do stand behind the traffic report. We have looked at the layout currently as it is and we do believe that it is safe as it is currently laid out. I don't know that we have analyzed it in a different manner, LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 but we certainly do believe it’s safe as it is currently shown. CHAIR O'DONNELL: Is there a follow up question? Go ahead. COMMISSIONER HANSSEN: Thank you for that, and again, I thank you and the traffic consultant for the detail that you gave and the detailed answers that explained it and gave us all that comfort. I was thinking about there was the traffic analysis that would talk about coming in and out in the AM and PM. Since this is relatively close to downtown and there might be 300 people, I didn’t know if it was something to be concerned about, but I wondered about the lunch hour as well. It’s not normally considered a peak hour, but I would imagine a lot of people turning left, whether they came out of Winchester or Shelburne, and going downtown, and I wondered if that was something that would trigger a concern from safety that we should have looked at. I know it’s not normally part of the traffic analysis, but it occurred to me to think about that. CHAIR O'DONNELL: So is that a question? COMMISSIONER HANSSEN: Yes, I’m wondering if we should be concerned about that. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 LISA PETERSEN: So again, we’re very comfortable with the layout and what is shown, and we believe it’s safe. CHAIR O'DONNELL: Commissioner Janoff, did you have your hand up? No, okay. Vice Chair Kane. VICE CHAIR KANE: It’s a question on procedure, and I have a traffic analysis, and I’d like to know when it would be appropriate to provide it, even though it’s not in the form of a question? JOEL PAULSON: If you have information that you have prepared, that should be brought up during deliberations after the public testimony. VICE CHAIR KANE: Thank you. CHAIR O'DONNELL: I’d like to clarify that. You have before you, looking over your shoulder, so to speak, that is not your report; that is a report prepared by experts, is that correct? VICE CHAIR KANE: This one? CHAIR O'DONNELL: I don't know what you’re talking about. Do you have a consultant… VICE CHAIR KANE: My question was when would I present my analysis. This is their analysis. I have an analysis and I’ll wait for deliberation. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 CHAIR O'DONNELL: So you’ve made a… Is this a written analysis? VICE CHAIR KANE: Yes. CHAIR O'DONNELL: I guess the question I have is is a Commissioner any different than anybody else as far as submitting something that is to be considered by the Commission and the public has a right to see it? ROBERT SCHULTZ: I haven’t seen the document myself. The time to do that in your analysis is during the deliberation after you’ve received all the input from everyone else. If it’s a written document, then we can deal with it at that time. CHAIR O'DONNELL: If we close the public hearing, then the public cannot respond to that. ROBERT SCHULTZ: They won’t be able to, just as they don’t as anything else you deliberate though on, and we don’t have any rules that require Commissioners to provide information before the deliberations. CHAIR O'DONNELL: Okay. Any other questions or comments? If not, and no other Staff reports, I think we can now go the public, and I would ask the Applicant. The Applicant has ten minutes, and when you come up, please identify yourself. Do I have a card from you? DOUG RICH: I don’t think I filled one out. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 CHAIR O'DONNELL: After you’re through, would you do that, please? Thank you. DOUG RICH: Douglas Rich, Applicant with Valley Oak Partners. After the last public hearing we held two neighborhood meetings, and then I also had an opportunity to meet with individuals. The changes that I’m presenting you tonight are the result of those meetings, as well as the feedback that we received from the Commission at the last public hearing, as stated by yourself. We couldn’t accommodate every request, but I think that we made a lot of significant changes and I wanted to run through those briefly, as we did prepare an exhibit that hopefully you have seen that summarized a lot of those, so I don’t want to become redundant, but I did want to point out some things. One of the main things that were discussed at the last meeting was this concept of views and view corridors, and so we took a step back, and this was one of the things that really led to a lot of the changes. As you are aware, we’re going to be retaining a fair amount of existing trees, and here’s an exhibit that shows these existing trees. You have this tree, this tree, tree over here, these two over here, and as you look at this from Winchester I LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 think one of the things that immediately popped out to us was you kind of have two “windows,” I’ll call them, because clearly the views here, here, and here are obstructed by the existing trees which we are retaining. So as we looked at the changes to the architecture, we said we want to attack those windows, because that’s where really your views come through, and so that led to these changes here. We redesigned the roof entirely. Here was a front to back ridge at a high height; we changed that to a shed roof running through. That dropped the height significantly through that window, as you have seen in your exhibit here. Then, as I’ll talk about in a minute, here on the southern side we dropped the height significantly both to deal with view corridors as well as to address adjacencies with neighbors. I just wanted to point out, I think it is important to remember as you look at the building the existing trees, which is represented here, that will remain. Here, as I mentioned, on the southern end we revised the building significantly, taking this down from a two-story element to a one-story element, moving the setback here that stayed the same at 78’, another 18’ to 22’, so call it 100’ until you start hitting the two-story elements. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 We eliminated, as mentioned, the tall architectural features here and here, eliminating through. Another tall architectural feature that we removed on the southern end. We relocated the fan vent entirely away from the southern property line over internally through the building. And then we replaced the decorative metal panel with a masonry wall for safety and light. In addition to those change, we went back and redesigned the materials, colors, et cetera. Here is before: very stark, metallic, and lots of glazing. Architecture is in the eye of the beholder, but we added a lot of earthen materials, darker colors here, along with the roofline. I really feel like this starts to look like a home along here, and on the other end as well. The last thing was we were able to push the building back. The request was 10’. Doing that had some grading, drainage, and tree impacts, but we were able to push it back an additional 6’ away from Winchester beyond what it was before. That did have the impact of eliminating two trees along the rear. We (inaudible) would have saved some, but we were able to save one additional tree along the front. And here is the artist renderings of the two, before and after. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 At this point I’d like to turn the time over to our traffic engineer to discuss the driveway access as well as the circulation traffic signal, based on the comments that were received at the last public hearing. GARY BLACK: Good evening, Gary Black with Hexagon Transportation Consultants. At the last hearing the Commission asked us to look at a couple of issues. One of those is preventing left turns from the driveway onto Winchester, and also the possibility of a traffic signal at Shelburne. Since the hearing we went out and studied both of those issues, and we did issue a written report that I think is in your packet, but I just wanted to summarize that. We end up not recommending the left turn restriction and also not recommending the signal. The reason for not recommending the left turn restriction is that we think that would lead to some unintended consequences of cars trying to make U-turns when they were prevented from making left turns. Let me get my bearings here. Let’s see, that’s Daves Avenue, so our project is in this vicinity, so here’s Shelburne. So a car that wanted to travel towards the downtown but was prevented from making a left turn would then make a right turn, and then need to make a U-turn here LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 is Via Sereno in order to head that direction. Similarly, a car that was coming down Winchester and wanted to turn left in and prevented from doing that have a couple of ways they might try to make that turn. They might make a left turn into the driveways of these condominiums and try to turn around, or they would turn onto Bruce and make a three point turn and come out and make a left turn and then go in. We thought in both cases that those maneuvers would be more problematic than just having the left turns at the driveway. Regarding the signal here at Shelburne, when we consider traffic signals we look at something that are called “signal warrants,” and that’s lingo, but you can think of those as criteria for the installation of signals. We typically don’t ever recommend the installation of signals unless the location meets the warrants, or meets the criteria. We looked at the signal warrants at that location and we found that that location did not meet the warrants for a signal and therefore we would not recommend that a signal to be installed at that location. DOUG RICH: I just wanted to mention in closing in relation to traffic. Obviously you heard from the traffic engineer; you asked the question with Staff as well as they’ve LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 reviewed the safety of this driveway. I just want to mention too the Town’s own traffic engineer also reviewed it and came to the same conclusion. So as I look at it, say, if I need to understand something about geotech or soils or the foundation, I go to a geotechnical engineer; they describe what it is and we follow that. I don’t rely on my own interpretation or view on what I think it is; you go to an expert. That’s what we did. The safety of this is really important to me as well, so we went to two separate experts and the Town and their safety review, and all three have come to the conclusion that this driveway is safe, and so that’s what I rely on. I trust the experts; this is what they do for a living, this is what they’re trained for, and that’s what we’re relying on, so with that then I can feel comfortable saying I truly believe that this is safe. In addition, one of the last things that was mentioned, I did have a chance to go meet with Safe Routes to Schools; I met with Karen Briones, the director of that. Karen reviewed everything, said that she was very comfortable with our design, didn’t feel like that had any safety implications for their Safe Routes to School and in fact felt encouraged and thought that our design improved the safety overall, in particular with the bulb-outs coming LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 and shortening the crossing across from Shelburne as people were coming up to head to Daves and the driveway, et cetera, so she felt very comfortable and we did reach out to them. I wanted to confirm that for you. Thank you. CHAIR O'DONNELL: All right, are there questions? Yes, Commissioner Badame. COMMISSIONER BADAME: Before we probably get into a lengthy traffic conversation I’m going address my concern that I brought up at the last hearing, and that was the interface with the residential neighborhood, especially on the southern side. It seems we’ve taken things in a different direction, or a new direction, with a corner office that has floor to ceiling windows, so I’d like to hear from you how that is sensitive to the residents that live on the south side. DOUG RICH: We looked at that, and as we were redesigning that side, I think you say how we dropped that southern end down, and that did have the change then of including a window on that corner there that looked in that was not there before. I feel like hopefully I’ve always been up front and honest about things, and I was here as well I think with the neighbors, and they didn’t like the answer and I understand that, but that was look, we’re designing this, we’re trying to attract high-quality LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 tenants, and one of the corners there was already removed because of stairway and bathrooms. So then despite the design for whatever type of tenant and open all those things, you do tend to have executives that want certain types of offices, and I said that would be the corner office and that’s what it was designed for, so I was asked. Now, with that being said, can that be changed? Yes, of course it can be changed; there are a variety of ways to do that. One is to just simply wall it off. Another is to play with the type of windows that are done there, and whether it’s frosting or whatever to make them so that you can still let light in, but not have line of sight that you can make anything out from. Another would be kind of a combination I guess where you walled some of it off, but maybe went to high clerestory bullet type windows up above where it’s kind of a compromise; no one can see, but it does let light in. So those are things that we could look at, if needed. COMMISSIONER BADAME: Thank you for that. CHAIR O'DONNELL: Other questions? Commissioner Hanssen. COMMISSIONER HANSSEN: One of the things that I don’t think you mentioned in your presentation, or maybe I just missed it, was in our packet there was a big concern LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 from the residents to the south about the parking that would be facing them, especially since it was a little bit uphill from them, so you had proposed to remove the decorative metal railing and replace it with a 42” wall. My question was this: One of the residents is still concerned about the privacy that’s in that complex, and they mentioned that their own car has their headlights at 42” from the ground, so I just wondered why you wouldn’t make a wall that was a little bit taller, or would you consider that? Because it seemed like that would be an easy fix to address some of that. DOUG RICH: We obviously saw that letter too; it was after we had submitted all those things. So after we were able to come up with this. It’s a hybrid, I guess; it maintains the masonry wall. In my experience large masonry walls are never the most aesthetic and appropriate thing, so the compromise there was to keep the masonry wall that addressed the safety side of it from cars coming off of there, but then adding back the decorative metal panel above there to have the appropriate height to shield the headlight or any diffusion of diffraction, or whatever you want to call it. that came over there. So we did have that, and I added then so we’re certainly comfortable doing that along that side to address that concern. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 HANSSEN: So what would be the height including the metal railing? DOUG RICH: Right now, so it’s 42” and we were doing another 2’ beyond that, so that’s 66”. COMMISSIONER HANSSEN: All right, thank you. CHAIR O'DONNELL: Yes, Commissioner Janoff. COMMISSIONER JANOFF: Just a follow up. There was some concern at our last hearing with the decorative metal panel that didn’t provide sufficient blocking of the light that might be coming from car headlights. Is this metal panel different in design such that it would block the light coming from the taller headlight cars? DOUG RICH: A couple things. One was that although headlights can be above that, most of them are not, and so the masonry wall was meant to capture 80-90%. The rest there, this panel is designed so the amount of openings and slits in it is very small, so the amount of light getting through feels de minimis. If that’s a concern, we could go to something that’s just completely opaque and doesn’t allow any light through, if that’s needed. I was trying to get something that did have a little bit of design to it and still had… But it did have a little bit of design to it. CHAIR O'DONNELL: Vice Chair Kane. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 VICE CHAIR KANE: Mr. Rich, on the Shelburne intersection with Winchester, would you consider striping that pedestrian walkway? In your photos and overheads I didn’t see any provision for that. You have a bulb-out, but there’s no striping on the walkway to alert traffic coming up Shelburne. Would you consider helping the Town by striping that out? DOUG RICH: I’d have to defer to Staff and see if that’s something that they would want. VICE CHAIR KANE: I don’t think they’d be opposed. DOUG RICH: From a developer cost, that kind of stuff, yes, we can absolutely stripe. No issues there. I’m not a traffic expert, as I said, so are there other unintended consequences to striping that? Oh, and as I speak they just pointed out to me that we’re already striping it. VICE CHAIR KANE: Well, I appreciate the expense. DOUG RICH: So I could have saved us all five minutes had I known that. That’s great. VICE CHAIR KANE: May I? CHAIR O'DONNELL: Yes, your follow up. VICE CHAIR KANE: It’s not a follow up. CHAIR O'DONNELL: Question, then. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 VICE CHAIR KANE: The corner office that somebody wrote a letter and said this corner officer for executives, we have the future people, we have the present people, and I wanted to lend my support to the idea that you gave on elevated windows; I’ve seen those in a lot of fine, fancy offices where as you said, they’re up 8’, and they could be 2’ high, or 1’ high, they let in plenty of light, and the windows on Winchester could be as transparent and as low as you would like. Is that something you would consider? DOUG RICH: That is. VICE CHAIR KANE: Thank you. CHAIR O'DONNELL: Commissioner Badame. COMMISSIONER BADAME: Back to that masonry wall. Without going with a decorative feature, would you be amenable to 6’ solid concrete wall. DOUG RICH: Boy, aesthetically I would really, really struggle with that, but I mean we could certainly implement it. COMMISSIONER BADAME: Next question, and this is going to address safety and security issues, and that’s that stairway. Is there any way to secure it? DOUG RICH: We can do one better. COMMISSIONER BADAME: Let’s go for it. Let’s hear it. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 DOUG RICH: How about we eliminate it entirely there and move it here internally? This is something we worked with today as everything came through, so I hope you saw… I sent you everything I had at the time, but things are dynamic and letters come, and so this came down to the wire. I think we had a call with the Town’s building official at like 2:00 o'clock today that was able to review it and say yes, we think this can be accomplished code- wise, and so with that then it was like okay, we can get it in. So that will be internal to the structure and come up and be tied into the existing stairwell, and so it’s gone. COMMISSIONER BADAME: Bingo. I just want to comment to the author of one of the letters that I did go look at the other building on Winchester, the medical center, and there is signs of homeless and vagrants, and that concerned me greatly, so I don't know if the Town or the police department wants to take note of it, but I’m glad you took care of that for our community. Thank you. CHAIR O'DONNELL: Commissioner Hudes. COMMISSIONER HUDES: Thank you. I have a number of questions, but I think I’m going to hold most of them until after the public testimony. My questions were mostly about trees and architectural style, and those can wait, I LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 think. But I did have a question about the traffic flow and the parking situation. First of all, I would like to commend you for the changes that you’ve made with regard to the height and the architecture and the ability of this building to be more compatible with the neighborhood, and I think listening, taking feedback, and then actually doing something about it, which is the case, I think is very, very important and I think it’s going to lead to a much more successful development when this is further considered. My question about the parking and the situation there was given all of the feedback last time about the left turn situation and the feedback from the Planning Commission as well, did you consider making the entrance for all the parking from Shelburne, and what were the implications of that, being eliminating an entrance and egress on Winchester? DOUG RICH: It was something we looked at even previously as we were just starting from scratch looking at the entire project. I guess I actually have a lot of thoughts on this particular subject, because obviously it’s come up and it’s something we’ve looked at a lot. The first is it’s interesting, because we sit here tonight in our particular project and I think as you LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 look at design in general, I think most people would agree splitting up driveway access is smart design, not funneling everything in through one driveway. It’s better for the environment, it’s better for traffic implications, and it’s better for how things get diffused out, so as we first started this we said that’s a smart move to do that. In addition, we looked and said obviously this property is general planned for office. Why is that? We looked at that, and it’s not just ours, it’s that corridor, and we said that makes a lot of sense with what the Town did, because Winchester is designed to handle this type of project and this type of volumes. With that then in its proximity to downtown and all those things, it made a lot of sense to me that this was the funnel for not just our property, but the ones up along the whole corridor, and some that don’t have two streets with them, so they will be, and as we’ve seen have been, designed to access Winchester. But with all that being said, could we still just try to do it off of Shelburne? That becomes very problematic, because now you’re talking about a dual entrance driveway. You’re going to have some people who need to be at grade and some that need to go down. That poses, I think from my point of view, a very different type LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 of safety issue where you could have one car in one driveway wanting to go right and one wanting to go left, and now they’re crossing each other at the same time. Every once in a while as all of us drive around in a commercial application you run into that, and I think all of us feel this is not safe. If I’m trying to go there and they’re trying to cross me, it’s really tough. So we looked at that and said that creates a dangerous situation with dual driveways. It also obviously has impact of dramatically reducing the amount of parking, because driveways take up a lot of parking as well. Then we looked at it and as we got further we looked at the traffic study, and like I said, I rely on the experts to say what’s safe. Then I take a step back and say well, what are we talking about here? And the traffic study that’s going to be using that driveway at the peak time, the busiest time of the day, you’re talking about ten cars that are going, and some may be clumped in, they may come in a spurt of three minutes, or they may be spaced out, I understand, but I think if you think about it with ten cars, and you just said if they average that’s one every six minutes. I think if we were just to say let’s stop right here and I’m going to time and I’m going to go six minutes, I think it would be so uncomfortably long we would say wow, I think that LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 driveway as far as the amount of volume going through there makes sense onto a major arterial through the town. So those were all the considerations that went into our approach: smart design, General Plan, Winchester is designed to handle this. Yes, absolutely. I’ll try to be honest; it would absolutely have detrimental impacts to the design of the building and safety concerns with dual driveways as well were all the reasons why we decided the dual driveway, which has been recommended on so many other projects, is the way to go. CHAIR O'DONNELL: Commissioner Hudes. COMMISSIONER HUDES: Just as a quick follow up on that. That explanation makes sense, but I guess one of the foundations of that is the premise that the building size doesn’t change, and so when I look at some of the feedback that came previously and the issues that were raised about trees, about the imposition on the neighbors in the townhouse development next door, I guess the question would be the problems that you’ve raised here with the parking, could some of those be mitigated if the building were somewhat smaller? DOUG RICH: You’d still have the dual driveway for sure. I mean the only way you get that obviously is if you eliminate a level and you funnel everything out. That LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 would eliminate a lot of those problems. That’s a dramatic whack, and I appreciate you raising this, because I know a lot of letters have said you haven’t reduced the size, this is a token, et cetera. I look at that and say I understand and I can appreciate that position, but let me point out some things. One is—and I think I mentioned this at the last public hearing—we’re following the General Plan, we’re following straight zoning; we’re not doing a PD or anything. With that being said, the proposal that we have before you we decided we’re not going to come in with the mega project and just see how much we can get and see how much you whittle us down; that was just not our approach from day one. The max intensity allowed is 40%; we’re at 26%. Just to put that in perspective, we could have come in and been completely zone compliant with a project over 45,000 square feet in size, but we did not do that. We came in already saying that’s too big, we get it, we understand; let’s reduce it. In addition to that, the Town has set up processes for us to go through that really help, that gives feedback for these exact types of instances, and one of the big ones there is CDAC. We went through CDAC, and you know LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 what? The comment back was you do need to reduce some size and you do need to reduce some of the parking, and we did that, and that was through that process. We reduced it by 2,500 square feet, not an immaterial amount at all, almost 10%. And so I feel like we have done those things. It hasn’t come at the end, which I know a lot of time is when it comes, but we have absolutely done it and tried to do that as our approach, and so I just hope that that gets recognized. That’s my one goal is we didn’t come in with the 45,000 and be like well maybe they’ll whittle us to 40,000, or whatever. We came in with what I felt like was already a material less intense project, and we did reduce it. I understand it wasn’t today, but we did do those things. COMMISSIONER HUDES: Thank you. CHAIR O'DONNELL: Vice Chair Kane. VICE CHAIR KANE: Could you go back, please, Mr. Rich, to the picture you had up there prior to this one? As have other Commissioners, I walked the grounds of the medical building north of your project on Winchester, and they have the convenience of being right on the corner with Daves, so they’ve got traffic lights all over the place for in and out of their driveway. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 But they had an interesting device that I’ve never seen before. If you put your laser a little bit above and to the left, right on that corner, they had a pole, a box, that came out the ground and it had a button on it. You would push a button to go across the street, but there was no street, because the way to cross Winchester at that point is to go to the other side of that driveway and then cross with the crosswalk. Interestingly enough, this button was to provide safety in getting across the driveway, because that’s the only thing it did was control the light that would stop the traffic in that driveway when a pedestrian wanted to cross the driveway. It gave me an idea, as I will report later. I’d have concerns about that left hand turn coming out, and here’s consideration and question: Would you consider such an intelligent device that would be on a stanchion, and on top of the stanchion would be an electronic light sign that said either “Pedestrian,” “Oncoming Traffic,” or nothing, meaning it would be okay to go forward? There’s no other light, there’s no other indication. The line of sight is to the left, which is the northbound traffic on Winchester can be obviated, can be a problem if the cars are parked too far forward, and yet if they had a sensing device to note LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 oncoming traffic, they’d at least have a better chance to make a better decision before they go ahead. There are other difficult turns in town, and when you’re focused on the left you’re not looking on the right necessarily. That’s where a pedestrian might be coming from, so that’s why I was saying if this intelligent light, like the one that’s there that shows you the miles you’re doing, a device that can measure your speed and tell you what you’re doing, if this device could measure motion of pedestrians or oncoming traffic, if that’s a practical solution for the traffic experts that are here, because I’m not, I’d feel better about that turn. Would you or could you consider such a consideration if it had merit? DOUG RICH: I’ve never seen anything like that. It’s an interesting idea. I have to admit I’d have to look at it and see what it would take to implement. Can it be implemented? I’d love to hear from Staff and the traffic experts as well to see if they’ve seen anything like this. I really don’t know. VICE CHAIR KANE: Okay. I’ll comment on that further during deliberations, but I wanted to ask your opinion ahead of time. Thank you. CHAIR O'DONNELL: Any other questions? If there are not, thank you. You’ll have an opportunity for closing. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 Now I will ask the public who have given me their cards. The first card I have is Karen Vincent. So you will have three minutes, and just to remind you, when the first light comes on that doesn’t mean you’re over, that means you’ve got 30 seconds more. When the red light comes on, that means you’re over. So the yellow light means 30 seconds, red light means that’s it. KAREN VINCENT: Hi, my name is Karen Vincent and I’m one of the owner/occupants and the University Oaks condo. I have a traffic analysis. I have been practicing for more than 25 years. I’m an expert at taking a left hand turn onto Winchester Boulevard one to three times a day. To those of us living in this same block, we can testify that current traffic makes it unsafe and hazardous trying to pull out onto Winchester just about any time of day. There is limited visibility, and many school age children on bikes and skateboards add to the safety equation. Another thing I’m concerned about are the trees. The trees that are proposed being preserved on the site are in danger of death. Damage to root systems from construction and the disturbances of soil from new pavement and concrete placed over the root systems can lead to a death that may take five years after the original damage LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 has occurred. Over 90% of the root system is in the top 3’, often extending a distance equaling two to three times the tree’s height. If these trees are being used as a visual screen, that may be a temporary fix. Once the trees are dead, there will be no screen and no one will be there to replace the trees with ones of the same size, if replacement is done at all. Another thing I’m concerned about is the occupancy. It is assumed by the developer that because of vacation and sick days that the amount of vehicles supporting the staff should be way less than the 300 people that may be employed at this site. Are these full and part- time staff that overlap hours? We all know someone who works in high tech, or worse yet a startup, that has a project due. No one takes a vacation or calls in sick. All 300 vehicles will be trying to find a place to park on Winchester, University, and side streets when the facility parking has filled up. The size of the planned project is too big. This is the elephant in the room no one is doing anything about. Valley Oak Partners of course do not want to change the square footage, as it cuts back on their profit. This entire project needs to be downsized. Thank you. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 CHAIR O'DONNELL: Just a moment. Are there any questions of the speaker? Thank you very much. The next card I have is Bryan Mekechuk. BRYAN MEKECHUK: Hi. I’m disappointed. I’m disappointed for three reasons. First, I thought the Applicant was truly engaging the neighbors, and while we met twice the Applicant did not revise their plans in any substantive manner. Second, I was expecting a response to my letter dated January 30th that asked for, among other things, specific cross sections. I understand why the Applicant did not and will not provide these cross sections. Third, most importantly, I’m disappointed that the Planning Commission worked so diligently to protect our hillsides and then the Applicant will realize economic rents without any of the corresponding costs by taking the views of the Los Gatos hillsides from residents and visitors and giving those beautiful views to their tenants. I’ll explain each of these points in a moment. My wife, Joanne Sinclair, and I would like to support the development of an office building at Winchester and Shelburne; it’s zoned office professional, so that’s what it should be. The property does border residential, so there should be a buffer zone. After the Planning LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 Commission meeting in January I sent a letter to the Applicant setting forth what we would like to see to be able to support their application. My intent was to establish my expectations and then report during oral communications at each Planning Commission meeting the progress the Applicant was making. Since there were two neighborhood meetings I reported at the March 6th meeting. I was cautiously optimistic. Now, I’m disappointed. Meeting with the neighbors. The Applicant held two meetings. During these meetings there was a healthy dialogue where the neighbors described concerns, and the Applicant appeared to listen. When the revised plans were published there were some changes, but there were other changes that were more invasive than the original plans: the corner office. During the public hearing you’ll hear directly from the neighbors what their issues are. The most egregious change was the corner office suite in the southeast corner of the building. I’ll address that later, as the Applicant will generate significant economic rents with that view. The cross sections. In my letter of January 30th I explained the information that I required to understand and LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 support this application. If you ask for something and don’t receive it, there is a problem. There are two reasons why the Applicant did not provide the cross sections that I asked for. First, the Applicant selected higher locations and is actually proposing a structure that is higher than allowed, or higher than is stated. I asked for heights above sea level and the Applicant did not provide that information. For me, a critical piece of information was the existing land elevation over the entire building footprint. This is critical, because it establishes maximum height of the building. From my analysis it’s clear that the Applicant is selecting higher locations for the existing grade and simply drawing a straight line. I’ll jump to economic rents. Rent for land should include associated cost. The costs are not borne by the landlord, yet the markets or tenants are willing to pay more than the cost and the landlord earns an economic rent in excess of a normal profit. For this building, the Applicant will charge his tenants for a two-story building with spectacular views of the Los Gatos hillside; they will charge market rent for that. The costs of the hillside are borne by the people that own the hillside properties that LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 must comply with the stringent Hillside Design Guidelines that you, the Planning Commissioners, enforce. CHAIR O'DONNELL: Pardon me; I’ll have to cut you off. I think we got your point there. They may be a question. Commissioner Hudes. COMMISSIONER HUDES: I actually had a few questions. Thank you, Mr. Mekechuk. You submitted an email on February 8th about changes to the VTA and routes and schedules there. BRYAN MEKECHUK: Yes. COMMISSIONER HUDES: How will that impact this potential development, in your opinion? BRYAN MEKECHUK: In my opinion, it will reduce the transportation alternatives available to the tenants that are there. The VTA is reducing the service in downtown Los Gatos, and it’s going to reduce the bus trips. COMMISSIONER HUDES: So could that potentially lead to more car trips than anticipated in the traffic report, for instance? BRYAN MEKECHUK: I believe so. COMMISSIONER HUDES: I had another question, if I may? With regard to the evolution of the project, I know you’ve had numerous meetings. Were the concerns that were raised addressed in the subsequent revisions to the LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 application? I know numerous changes were made to the architecture and to the building roofline. I don’t know that anything else was dramatically changed, but those are the ones that I noted. Is that something that you would agree with if they did listen and make those changes, or were there other major areas that were not addressed? BRYAN MEKECHUK: I think it was a give and take. For example, they changed the slope of the roof at the north end of the building, but yet they raised part of it, so there’s a give and take there. I think there’s more glass now at the north end of the building. At the south end of the building they put in clerestory windows and reduced the height over the entranceway, but then they added the corner office, and that was done at the very last minute, and there is email correspondence regarding that. COMMISSIONER HUDES: Then the last question I had was concerning your concern that the building may exceed the height requirements. Can you point us to some evidence of that, or could you direct us to some questions that we might ask in order to get to that particular issue? BRYAN MEKECHUK: Absolutely. If you look at the tree inventory, on that page, on that sheet, it shows the elevation at each tree and also at other different locations. So if you take that and you put it into BIM LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 software, Building Informational Management software, you can actually create a 3-D model of the ground. I introduced the Applicant, Doug Rich, to a gentleman who does that type of work and we uses ARCHICAD software, and the software that the Applicant’s architect is using doesn’t have that functionality. It has very limited functionality, and it can’t produce a cross section of the existing land and it can’t do a cross section of the building without significant manual effort, and that’s what the Applicant explained to us at the meeting. I’m like, “Why can’t you produce these cross sections?” Then he explained, “Well, we’re using this software and it simply can’t do that.” COMMISSIONER HUDES: Thank you. CHAIR O'DONNELL: Were there other questions? Thank you very much. Next card I have is Georgina Van Horn. GEORGINA VAN HORN: I’m Georgina Van Horn; I’m at 706 Winchester Boulevard. I’m one of the two that are closest to the project. Two main concerns, and again, you’ve heard some of them. The massiveness of the building that will overwhelm that whole area. If you drive from Lark into town you see all the trees that kind of put the building to the side, and that’s our richness here, and this building will overwhelm that whole neighborhood. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 It’s connected with my second concern, and that’s safety. I’ve been in that townhouse for 30 years, so I’ve seen traffic increase dramatically, as we all have. Cars come around the bend from Blossom Hill at 35-50 miles an hours; it’s a 25-mile an hour zone. And you know, there are walkers, joggers, people with kids walking, bikes; and there’s no bike lane right there, so we also have adults on bikes right in the right hand lane of the boulevard. The bigger the building, the more cars. Will there be enough parking for everybody? So that will affect the whole area. My concern is also it’s a little frustrating to hear the result the traffic reports when I have been there 30 years. I don't know who else could give a better picture; I haven’t been asked. I’ve gone in and out of that driveway that is literally right to the side of the project, in and out, day in and day out, for 30 years, so I ask you to consider all this. Also, I know you give thoughtful consideration; I can tell by your questions. What I’d like you to think about as you make your decisions is that the decisions you make will affect us, those who live there, and those who drive there, day in and day out, for many years. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 CHAIR O'DONNELL: Let’s see if there are some questions. Vice Chair Kane. VICE CHAIR KANE: You’ve been making that left hand turn for 30 years? GEORGINA VAN HORN: Yes. VICE CHAIR KANE: Have any accidents? GEORGINA VAN HORN: No, I haven’t, because I wait… First of all, I have to make sure I’m back enough and make sure that both sides of the sidewalks are clear, and so often there’s a walker, and even then they have to be quite a ways away to what I wait, and then I make sure there are no cars coming from Blossom Hill and no cars coming from Daves Avenue. VICE CHAIR KANE: So it’s not an easy turn. GEORGINA VAN HORN: No. VICE CHAIR KANE: Do you sometimes decide to turn right and go to Shelburne? GEORGINA VAN HORN: Yes, lots of times. In fact, I did that today. VICE CHAIR KANE: Go to Shelburne and come around? GEORGINA VAN HORN: Yes, exactly. VICE CHAIR KANE: Thank you. CHAIR O'DONNELL: Yes, Commissioner Hudes. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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. It’s been a long time since I drove that during school hours; I used to do that every morning with three children and it was pretty rough then, and then I think they improved the intersection at Daves Avenue a few years ago. GEORGINA VAN HORN: Right. COMMISSIONER HUDES: And this relates to the traffic study that was done. What time of day do you experience the greatest traffic congestion? GEORGINA VAN HORN: In the morning. COMMISSIONER HUDES: Like 8:00 o'clock, or the school hour, or what? GEORGINA VAN HORN: Yes, actually it’s earlier, 7:00, 7:30 to it could be 9:00, 9:30 also, and then of course we never know. When I had to make the right hand turn I was actually coming here, so that was about 6:30pm, so I never know how busy it’s going to be. COMMISSIONER HUDES: What about when school gets out in the afternoon? GEORGINA VAN HORN: That, too, and that we have a lot of the kids on bikes too from Fisher, and the kids and parents with the strollers that are going to pick up the kids also. COMMISSIONER HUDES: Thank you. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 GEORGINA VAN HORN: You’re welcome. CHAIR O'DONNELL: Thank you very much. Can I confirm that all of us have visited that property? Has anybody not visited? All right, everybody has visited the property. Thank you very much. GEORGINA VAN HORN: Thank you very much. CHAIR O'DONNELL: The next card I have is Andrew Spyker. ANDREW SPYKER: Andrew Spyker, 708 Winchester Boulevard. First, thank you, Doug, for continuing the improvements here; we’re just not there yet. Size is a definite concern. We propose both single-story, dropping the building more, and the Winchester entrance is gone, kind of shown here. We heard more than just safety. We also heard there were financial impacts to the viability of the building as well that led to some of the decisions. Size is a little disingenuous, saying 26%. This is someone that lives beside, we’re right beside, Georgina and I. What’s elevated above existing grade is shaded in the red X here. I don’t feel like this is 26%. Also the fact that it’s elevated and 35’ on top of elevated makes this just feel very large. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 Play the guessing game here. Can you pull out in the 1.3 seconds that you have at normal speed here? This is just insane. I mean you’ve heard it over and over again. I pull out of the same driveway. This is taken from where their driveway is going to be as opposed to what the traffic report showed with someone taking a picture from in the street, which was a little disingenuous. Precedent. Since we last talked, for sale, available and vacated, all of the properties in between the two offices, so we’re not making a decision for one building tonight, we’re talking about potentially 600 cars. Head-in parking. It’s good to hear that the wall is being really considered, but really, at the end of the day we want these head-in parking spaces removed or reconfigured in a parallel parking way, which we’ve shown other offices have done. Just to show you, this is Georgina and my windows that are at grade with the cars, so you can kind of see the windows these lights are going to be shining in. Stairs, awesome. But we haven’t addressed the dead zone. As the president of the HOA I actually know there’s a dead zone on the other side and there’s lots of trash and what’s not between the wall and the next building over; we haven’t talked about this 10’ buffer. The HOA LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 actually met and suggested that we tie our wall into this property’s wall to get rid of that dead zone, but we haven’t made any progress on removing that. Finally, privacy. I mean this is the view of the corner office from my son’s bedroom. Just totally unacceptable. Traffic and parking. We don’t think the traffic reports have been very consistent. They’re talking about buildings that are very different, multi-tenant, have very different traffic patterns. And the parking, we just haven’t been able to get a guarantee that the amount of parking here is going to be sufficient for all tenant use of this building. So at the end of the day what we’d like to see is that we preserve and enhance the existing residential neighborhood in terms of size, and that we protect that buffer in terms of privacy, safety, and security. CHAIR O'DONNELL: Thank you. Are there questions? Commissioner Burch. COMMISSIONER BURCH: Can I ask you to go back to the slide that showed the view from your son’s window? This is just one (inaudible) that I get. There’s a list of things, but I’m going to try to knock down things that I can. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 ANDREW SPYKER: Okay. COMMISSIONER BURCH: Definitely understand your concern here. If those windows were changed on that side there to high clerestory windows that a person can’t walk up and look out, would that be more acceptable as far as the privacy. Again, one item out of many. ANDREW SPYKER: That would be better certainly than, say, a frosted set of windows floor to ceiling, and when we saw the original plan it had windows actually for a hallway. There are two problems with these windows. First is the privacy concern, the second is this actually opens up to the entire second floor, so all lighting that actually is shining out of the second floor in evening time would be shining into bedrooms as well. COMMISSIONER BURCH: Understood. ANDREW SPYKER: So I’m a little concerned with the higher lighting. That’s good that they can’t see out and there’s light coming in, but I wonder what the egress of what light would be at nighttime. COMMISSIONER BURCH: Okay, I can think about that, but thank you. CHAIR O'DONNELL: Commissioner Burch, are you finished? All right, Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 COMMISSIONER HANSSEN: Thank you for your thorough comments and analysis. I’m sure you’ve incorporated this, but I know in our last meeting one of the things we were trying to do is have them move the building back, which they agreed to do, because it would help with some of this issue with privacy. So is your current view that you’re looking at given that they already moved it back 6’? ANDREW SPYKER: Yes. You can see it’s kind of cut off on the end; that’s to account for the 6’. I’m not an architect by any means; I’m doing the best I can with the tools available to me. I will say that setting back 6’, I was very proud of our neighbors that are across Winchester. Setting the building back 6’ helped Winchester, but it actually made the problem worse for University Oaks, because they pushed the building back more impactful. That said, they were in support of other changes that helped them, we were in support of changes that helped us, so I think most of the changes we’re perfectly okay with, because we’re kind of considering all the neighborhood impacts as opposed to just University Oaks. COMMISSIONER HANSSEN: All right, thank you. CHAIR O'DONNELL: Commissioner Badame. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 COMMISSIONER BADAME: How would you propose tying in the HOA wall with the Applicant’s wall? ANDREW SPYKER: I didn’t have time to draw a picture there, but basically what we’re at right now is you would imagine there is parking, then there is this wall—I’m not sure what the current height of the wall is—that’s going to block the headlights, and then it drops down to at grade, and at grade is well below the current parking. So the trees that I’m showing here are actually at grade, and then it rises back up for our masonry wall. The idea was if they were to not have that be at grade, actually get their elevated grade of parking, it would allow these trees that you see here to be elevated up by the height of the parking structure that they’re building, so we wouldn’t have that drop-off cavern of 10’. Does that make sense? I wish I could draw it. COMMISSIONER BADAME: That makes sense. Thank you. CHAIR O'DONNELL: Other questions? Yes, go ahead, Commissioner Janoff. COMMISSIONER JANOFF: Thank you. Just to clarify, the trees that we’re looking at in this image on the right, those are trees planted by the proposed developer? LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 ANDREW SPYKER: These are an approximation from my perspective of if they planted trees. COMMISSIONER JANOFF: All right, but those don’t exist? ANDREW SPYKER: Yet. So we have trees. You can see here, this is right about here their existing masonry wall. We have trees that are about the height of the masonry wall on our side, and the developer proposes trees at existing grade level on the other side, so I basically estimated grown up trees a little higher than the wall, so this would be the ones the developer would be planting. ANDREW SPYKER: Another thing that makes it really tough is all of the plans have always avoided showing the southern elevation. There is no direct-on view that shows the southern elevation I think because of how challenging it is, but that would help to be able to draw these pictures. COMMISSIONER JANOFF: So just to be perfectly clear, if it’s possible, the trees as shown are the developer’s proposed trees and they would be effectively in a culvert of sorts between your wall and the park structure? ANDREW SPYKER: We could ask the Applicant, but my understanding is there are trees at existing grade level LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 in that 10’ buffer, and then there are bushes at the new higher level of raised parking. COMMISSIONER JANOFF: Okay, thank you. CHAIR O'DONNELL: Other questions? Thank you very much. The next card I have is John Eichinger. JOHN EICHINGER: John Eichinger, 637 San Benito Avenue. One thing I don't know that Andrew of anybody else has understood, but this is a southern facing window. This is going to get sun and this window is going to act like a mirror during the daylight, which is going to shine right into Andrew’s windows. I’m going to be very brief. My concern is for many years I’ve commuted, driven up Winchester Avenue from Lark Avenue, and I’ve always enjoyed coming over the top, cresting the hill at Daves Avenue, and then right when you get to Shelburne you finally get a view of the mountain, and that view is going to be gone. That view is going to be sold and rented to several people who are going to be on the second floor of that building, and that view is going to be denied to all the people in Los Gatos that drive up Winchester and enjoy that view. Not equitable. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 CHAIR O'DONNELL: Are there questions? Thank you very much. The next card I have is Harvey Shand. HARVEY SHAND: I’m Harvey Shand and I live at 15573 Coral Court, which is just off Daves Avenue and across the street from Daves Avenue School. I’ve been there for 30 years, and the reason I chose to live in the Los Gatos/Monte Sereno area is because of the quality of life and the amenities and all the rest. I’ve seen a tremendous decline in the quality of life in this area over the 30 years, and one of the main culprits is traffic. Everybody knows that. I don't know if you’ll get my perspective, as was talked about by the lady that spoke earlier, but I wake up in the morning and all the traffic… It seems like kids don’t walk to school anymore, they all go in their Lexuses and Mercedes, and their parents drop them off and they take up a parking space, and typically there is not enough. People park in front of my driveway, I can’t get out of my driveway, they’re across the road, and kids are running between cars and all the rest. Now, that’s talking about Daves Avenue School, but the reality is all those cars end up on Winchester coming and going in the morning and then again at night. In addition, there is a daycare center, on Daves Avenue again, LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 and we have a set of traffic that comes and leaves there. We get to see the morning traffic and evening traffic to and from work. There’s no question that we have a serious traffic problem, so I think this doesn’t do any good for the Town of Los Gatos in terms of the quality of life when we deal with putting out extra traffic on a thoroughfare like this. The other big issue that I see is parking, and that’s the elephant in the room that was mentioned earlier; it’s been brought up by several people. The problem I see there is first of all, there’s no parking Winchester, so one of your main thoroughfares don’t have any place to park a car. I was first disturbed by the information I learned about the building, that it was only providing two-thirds, I believe, of required parking, so one-third is left to try to find some place to park. We talked about traffic studies. We did a bad one in Monte Sereno. They came midday on Daves Avenue, and of course we don’t have those issues at that time of day, but my point was going to be that this business doesn’t just have employees working there, they have clients coming in, they’ve got maintenance people coming in, they’ve got other workers, deliveries. There is a lot more parking required LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 to service a building like this than is being planned for, and there is very little parking available on side streets, which is the only alternative to those employees who can’t find one of those chosen spots in the building. Those are my main points. CHAIR O'DONNELL: Commissioner Hudes has a question of you. HARVEY SHAND: Sure. COMMISSIONER HUDES: Same question I asked before. At what time do you see the most issue with the traffic congestion, particularly on Winchester? HARVEY SHAND: It’s pretty much terrible in the morning and evening. In the morning you’ve got people going to work on Winchester, you’ve got parents coming, and it’s the 8:30 timeframe, all looking for parking spaces, all letting their kids out of the cars, running across streets. COMMISSIONER HUDES: Is it all morning? Could you give me roughly the time? HARVEY SHAND: Probably an hour total. COMMISSIONER HUDES: Around what time would you say? HARVEY SHAND: I would say around 8:00 o'clock. COMMISSIONER HUDES: Around 8:00 o'clock? And then what about in the afternoon? LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 HARVEY SHAND: It’s when school gets out, which is around 3:00 o'clock. But then we have the daycare center that has people picking up from Winchester onto Daves, picking up their kids anywhere from 3:00 to 6:00 at night. So we have that; we see that. And the parking is terrible during those periods. It’s also very dangerous, by the way. COMMISSIONER HUDES: Thank you. CHAIR O'DONNELL: Are there other questions? Thank you, sir. I have two cards left. I have Genaro Diaz. GENARO DIAZ: Good evening, Planning Commission. Thank you for the opportunity to speak tonight. My name is Genaro Diaz; I’m a field rep with the Northern California Carpenters Regional Council and I work locally here out of San Jose out of the Carpenters Local 405 area. Whether this project gets built or not, we have a simple question, and we’ve reached out to the Applicant and the owner. Moving forward, does he have a responsible general contractor that pays a correct area standard wage and benefit, them and their subcontractors moving forward? Because the reality is a lot of projects in Silicon Valley, you look at them and people think it’s a great construction project and people are getting paid the right wage and benefit. The reality is it’s not. A lot of people get paid and denied their area standard wage and LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 benefit to be able to let alone live in this area, let alone live in Los Gatos. It would be nice to be able to live in Los Gatos. Moving forward we would hope that he would do the positive thing and give the opportunity to a local general contractor that pays the correct area standard wage and benefit, and has an affiliation to an apprenticeship program where you have young men and women that are not necessarily just getting into the trade, but creating a career path for themselves. So moving forward we’d like to build a relationship with the developer if that’s possible, if the project moves forward, to have this implemented if it may be. With that, thank you for your time tonight. CHAIR O'DONNELL: Thank you. Are there any questions? Thank you very much. Oh, a question of Staff. VICE CHAIR KANE: With respect to the speaker’s comments, is there anything we could do at our level, the judicial level, to require, encourage that his request be respected? ROBERT SCHULTZ: No. VICE CHAIR KANE: Boom. Thank you. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 CHAIR O'DONNELL: The last card I have is Bryan Carr. BRYAN CARR: Good evening, Commission, and thank you for allowing me to speak today. Bryan Carr, 17566 San Benito Way. Our home is the closest single-family Los Gatos home to the proposed project. First, I wanted to thank all of you for taking a sincere interest in this topic. I came to this first meeting so angry, and I really feel like you guys are listening, and as some of the other residents have mentioned it’s our life bread that you do what you’re doing and we really, really plead with you to continue doing that. I do want to thank the Applicant for scheduling multiple meetings to speak with the residents. I’ve attended all of them, however, I too am disappointed in the fact that nothing really major to the building has been reduced. Certainly some things have been worked out from angles, and they very much appreciated, but ultimately where I come into this is is this building something that’s compatible with the neighborhood? And as you drive by the building, you look at it and you say, wow, okay, that’s where it starts. You’re continuing to drive. Like, wow, LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 it’s still going. Oh my God, when does this thing end? It’s massive. It’s absolutely massive, and it’s just too big for the neighborhood, and I think it’s one of those things, if something doesn’t smell right, it isn’t right. It’s just too big for the neighborhood. There isn’t ample parking. There’s been some very major recommendations to the Applicant, things like single stories, things that would definitely work within the neighborhood, and those have not been addressed, and so I think what’s happening is this is still being tried to be pushed forward when the data doesn’t add up and it’s not going to work out, and I think something major needs to change if in fact this is to be compatible with the neighborhood, which I think is a major priority for all of us. Thank you. CHAIR O'DONNELL: Questions? Thank you very much. Before we have the closing, we’re going to take a five- minute break, and we’ll resume then. (INTERMISSION) CHAIR O'DONNELL: All right, we’ll resume our meeting if I could ask everyone to sit down, or in any event, be quiet. We have one other speaker before we get to conclusion. One of our people who had been sitting through LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 all of this had not turned in their card, and I now have it. It’s John McLaren, so I’ll call on John McLaren. JOHN McLAREN: Thank you, Mr. Chair. It’s John McLaren, I’m at 17560 Daves Avenue; I’ve been there about 12 years. First of all, thank you for hearing me out of order. I apologize for not submitting the card; I didn’t realize I had it. I’ll be brief. In general I’d just like to lend support to the comments that you’ve heard from other neighbors here tonight. I feel very much the same way first and foremost that the size and the footprint of the proposed development is out of character with the area; too big. I think it sets a poor precedent for future development to come if this moves forward. The big issues around that footprint are simply compatibility, view impact, traffic, and parking. Traffic is a big, big issue. One of the residents I think in Coral Court spoke to the traffic in that whole corridor and that area given the school and the daycare. I see it day in and day out. Over the 12 years I’ve seen it progress to where it’s virtually intolerable. I think one of the big points that no one has raised is in the evening commute when traffic is heading downtown, or southbound on Winchester, oftentimes traffic is at a standstill. There is LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 nowhere to pull into traffic onto Winchester, and I think that’s a concern that needs to be carefully considered. In general, that’s it. I’m not in favor. I think it’s too big a development. I think it needs to be right sized and made compatible to the area. Thank you for hearing me. CHAIR O'DONNELL: All right, let’s see if there are any questions of the speaker. If not, thank you very much. JOHN McLAREN: Thank you. CHAIR O'DONNELL: All right, now we can get to the Applicant, so you have five minutes to conclude. DOUG RICH: I said a lot of the comments I was going to make that was a function of some of the questions just in terms of the overall size and how we approached that trying to have a very, very reduced size at the outset rather than maximize it at the 45,000, or whatever that case may be. I just wanted to respond to some of the comments that were given at that point. We did not assume any car trip reductions in the traffic study due to bus trips, so the reduction in the number of bus routes or number of buses running up and down would not impact the traffic study. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 We do not have the capability of the software that Bryan had mentioned. He did bring that up, but we don’t have that. He did give me a referral. I did go meet with the person he referenced. Really cool stuff. In fact, that person was working on a way to fly drones over the property to be able to take pictures of the topography and those things and be able to then create a 3-D model. That person was just starting to do this and agreed to touch base in a couple months as he is working his way through that. As far as that 10’ zone in between, I’m on the same page. That needs to be kept clean, and that’s why we’ll have a property management company that is in charge of that. We want that looking great so that the trash and everything doesn’t gather there and that’s kept properly landscaped and as clean as we want it. Privacy window, we’ve talked about, and seeing these pictures and everything, totally understand that that’s an issue; we need to address it. I guess in thinking through everything my vote would be for the clerestory windows up above. I think that that would be a good compromise. Reference to the overall size, several of the neighbors had met with me and had expressed that they LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 wanted it to be a single-story building, and I understand that request. I explained to them that that wasn’t possible, that if we went to single-story building the maximum that we could build is right around 12,000 square feet, so it would go from 30,000 down to 12,000, just a massive reduction and down to like 25% of the allowed intensity versus zoning, and walked through the mechanics of why that wasn’t possible, but that’s why the single- story was not pursued. Then finally, I just wanted to go back, I guess, to one of my opening things relative to views. Totally understand views, really important. It had been mentioned, as you’re coming down Winchester your view down Shelburne obviously isn’t changed; Shelburne is what it is. Immediately after Shelburne are very tall trees where there is no view. Then I acknowledged that there was this corridor window through; that’s why we dramatically changed the roof and dropped the height through there to address that. Then once again just massive trees that are staying, and they exist there, so no views there, and then we dropped the height down the south side, and then existing trees. I just wanted to make sure that that was understood, that it wasn’t like wow, you hit our corner and LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 then it was just completely open. I mean this is the existing condition today and we’ve tried to address the remaining windows that will occur there. I think that was everything I had in my notes, if anyone had any additional questions. CHAIR O'DONNELL: I’m sure there are some questions. Yes, Commissioner Burch. COMMISSIONER BURCH: I want to go back to a comment that you had just made, because it was what was on my mind. I need you to explain to me how you came up with you would only have 12,000 square feet if you did a single- story. I’m curious to make sure that in asking this that if you did a single-story structure that maximized the footprint of that lot with all parking below grade, just by doing the math, I’m getting a larger square footage. DOUG RICH: That was the initial proposal to me by the neighbors, and what I just had to point out was once you go to a single-story building you can’t economically build subterranean parking anymore; it does not work. Subterranean parking gets taken off the table then, and now you’re talking about purely surface at grade, and that’s where the 12,000 comes in, which is less than what would be just literally lopping off half of the building, because the building is currently 30,000, so lop off half, that’s LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 15,000, but the 15,000 only has 41 stalls and when you multiply the 41 by the 235 you get like 9,635, but you do have to acknowledge you picked up 5,000 square feet, so then you kind of triangulate in, and it basically works out to where every 500 feet of extra space gets you 235 square feet of building, and then you get to 12, 000 square feet. COMMISSIONER BURCH: So the increase of the floor print and the square footage there, and the lease rates you would get, would not substantiate the underground parking? DOUG RICH: Correct, we could not do underground parking. COMMISSIONER BURCH: So essentially am I understanding you that this isn’t a viable project unless it’s two-story? DOUG RICH: Correct. COMMISSIONER BURCH: Okay. CHAIR O'DONNELL: Yes, Commissioner Janoff. COMMISSIONER JANOFF: I don’t mean to split hairs, but what about a story-and-a-half? I mean you’ve got a portion of the building that you’ve taken to approximately a single story on the southern side. Is it possible to also reduce other areas of the building to a single story to preserve some of the hillside views, perhaps expanding the footprint if necessary? LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 DOUG RICH: I feel like that’s what we’ve tried to do, and if you look at that southern end, which is up against the neighbors, your two-story element does not start. It’s 125’ away from their building. So when we started looking at that we said, okay, we feel like that’s got to be an adequate buffer; it’s 100’ to the property line and then 25’ obviously from that property line to their building. COMMISSIONER JANOFF: There’s been a lot of emphasis on the southern side of the building, but what we heard tonight and previously is the concern about the view as you’re driving south on Winchester, and what you see is the corner at Shelburne and Winchester first, and that’s where the views are. My question is is it possible to do anything to affect that perspective? I mean you’ve done a little bit with color, but the overall height hasn’t changed dramatically. DOUG RICH: The height has changed dramatically. This used to be a front to back ridge, so it’s going up as you head east, and this entire stretch here was 31-32’ high, and this was on one of your slides. We switched that from a front to back ridge to now the shed roof going down, so now you’re at 24’. We reduced the height 8’ down to address this exact corridor, and you can see that we LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 haven’t changed the height of the building or anything relative to the… But you can see relative to the tree how much farther down, how much greater view there was, to address that exact point. COMMISSIONER JANOFF: Just to continue on this line, while you’ve reduced that corner you’ve added what looked like transom windows or clerestory window element at, again, back up to the 32’ height, so that is an obstruction. Perhaps you have a rendering or perspective that illustrates the mass of the building from the Shelburne and Winchester point of view, not the opposite corner which is heavily, heavily provided in these renderings, but the opposite end of the building looking at the hillside view. What I’m looking for, if you have it or if there’s some reference that we can look at, is what impact this mass has on the actual hillside surrounding it. Because I don’t see hillside in that rendering, I see blue sky. DOUG RICH: Yeah, I know what you’re saying. I don’t have that; I’ve never created that. And that would get back into having to factor in topography and elevations and all that stuff, and I didn’t have that. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 did think though in the package I sent, did it have a focus on the northern end and showing the before and after? I’m trying to remember. COMMISSIONER JANOFF: Essentially the same. Very similar architecture, but didn’t show the… DOUG RICH: The background, yeah. CHAIR O'DONNELL: Commissioner Hudes. COMMISSIONER HUDES: Continuing on the discussion about the views. I appreciate the pointing out of the window between the trees, and I spent a fair amount of time walking back and forth on that sidewalk there. But what you’re illustrating here is a 90° view from Winchester, correct? So the issue is that the hillside, and the major mountain there is called El Sombroso, and that hillside, which is what people are looking at, is actually at around somewhere between a 30° and 40° angle, not a 90° angle, so when you are walking down that street, and I understand that the trees are obstructing, but my question is is there a way to think about this in terms of preserving the hillside views from the perspective of particularly the approximately 60’ from the corner of Via Sereno walking south on Winchester where you have that hillside view as a pedestrian, or the view from a vehicle looking in that direction? Because I think what you’ve designed is LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 preserving a 90° view, but not preserving a view of the actual hillside that’s there. DOUG RICH: So the question is? COMMISSIONER HUDES: The question is have you thought about designing the roof to preserve a hillside view rather than a 90° view? The hillside is not behind the building, the hillside, which would be a 90° view from Winchester. The hillside is around a 30° to 40° view when you’re headed south on Winchester. DOUG RICH: This shed roof runs vertically towards Shelburne; it’s not angled up towards the back or to the side, and so as you’re coming down… I’m trying to think, are you saying coming down Winchester looking kind of this way? COMMISSIONER HUDES: Actually, no. It’s coming down Winchester in that direction, but looking toward the hillside, which is diagonal rather than at right angles. DOUG RICH: The height along here is the same as the height along there, of the roof, right? COMMISSIONER HUDES: Yes. DOUG RICH: And so once again, if you’re coming down, looking this direction, that height should be the same; it’s not arcing up. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 COMMISSIONER HUDES: But what I’m saying is the windows where you’ve designed a lower roof don’t necessarily correspond to the hillside, and you’ve answered essentially that they don’t, they correspond to a front-on view from Winchester, correct? DOUG RICH: This particular picture is a front-on view, absolutely. COMMISSIONER HUDES: And your description of those windows is looking, I guess, that’s east from Winchester, not looking southeast. DOUG RICH: Correct. I guess the point I was trying to make is that while this is looking directly east, that roofline from the southeast heading there, that roofline is the same running around that whole edge, and so that’s not going up, it’s not arcing, it’s not blocking the view more even if you swing that view around. COMMISSIONER HUDES: Okay, thank you. I had questions on some other topics, but I’ll let some other people. CHAIR O'DONNELL: I’ll get back to you. Commissioner Janoff. COMMISSIONER JANOFF: Just to be clear, while that may be the lowest point as you’re looking from that angle of that corner of the building, let’s pretend you’re LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 standing in the middle of the intersection at Shelburne and Winchester—that’s the point of view we’re asking about—and that roofline is relatively low, however, it continues to step up as you take in that entire view and you take in essentially the entire length of that building, and that’s what we’re not visualizing with these renderings and that’s kind of what we’re missing. You have a low point that you’re talking about with the new shed roof design, you have a new high point back up where those clerestory windows are, and it continues to step a little bit up as you move south along the front of the building. So the building continues to rise; it doesn’t stay or decline in height from the perspective that we’re asking about. DOUG RICH: So that I’m clear, too, I’m not trying to say… This obviously is higher here, absolutely, totally agree. What we were trying to do is blend that in with the existing trees as someone is coming down Winchester, as they are driving through, so that they would still be able to get through here, recognizing yeah, this probably protrudes out a little bit relative to the existing trees out there. CHAIR O'DONNELL: Yes, go ahead. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 COMMISSIONER HUDES: Just a quick follow up on that. This may have been answered before. Were the story poles adjusted with the second revision? DOUG RICH: They were not. COMMISSIONER HUDES: Why were they not adjusted? DOUG RICH: That was a function of really two things. One was timing and cost; its very expensive to redo that. But also, it was probably my error. I was thinking that it was more conservative not to, because everything only came down in height versus the last time, and so that may have been an error, because it would have told my story better to do it, but those were the two reasons why. CHAIR O'DONNELL: Are there other questions? Commissioner Hudes. COMMISSIONER HUDES: I had some questions about the trees. Could we just talk about that now? Could you describe to me what the net change has been since the previous hearing with regard to trees? DOUG RICH: That was in the package that we sent to you—it was on this sheet right here—summarizing the net change in trees. COMMISSIONER HUDES: And so could you tell me which trees are being spared and which trees are being… LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 DOUG RICH: The net change from the building changes was that there were two trees here that were being removed because of the building pushing back, and then because the building pushed back, this tree right here was able to be retained. COMMISSIONER HUDES: I had some questions about other trees on the lot and whether it might be possible to retain those, so I wonder if we could put up L-2 of the current packet, which is the Tree Preservation and Removal Plan? My question is about some specific trees, and if you could maybe first confirm that they are slotted to be removed, and then comment on whether it’s possible to retain them. So Tree 40, which is on the east border. It’s a Valley Oak. DOUG RICH: Tree 40 is to be removed. COMMISSIONER HUDES: And is it possible to retain that tree? DOUG RICH: Looking for where it is right now. Oh, there it is over on the east. That was the one we had previously to be retained, and is being removed because of the building shift away from Winchester. COMMISSIONER HUDES: But it’s not close to the building, so what the… LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 DOUG RICH: Oh, the parking structure. COMMISSIONER HUDES: It’s the driveway and the structure? DOUG RICH: Correct. COMMISSIONER HUDES: Tree 39. DOUG RICH: Tree 39 is right in the middle of the parking structure as well. COMMISSIONER HUDES: Okay. Tree 34, which is on the south corner. DOUG RICH: Correct. That’s right in the middle of the parking as well. COMMISSIONER HUDES: Tree 18. DOUG RICH: Tree 18 is to be removed. That looks to me like it’s on the driveway entrance down and the circulation aisle for the parking. COMMISSIONER HUDES: It’s very difficult to tell, because you’re showing the existing buildings on this, not the planned development. DOUG RICH: Yeah. COMMISSIONER HUDES: So I’ll just verify this with Staff, then. And then Tree 12. DOUG RICH: Tree 12 is to be removed. COMMISSIONER HUDES: Large Coast Live Oak. DOUG RICH: Tree 12 is underneath the building. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 HUDES: In shifting the building back by 6’ off of Winchester, did you consider sparing any other trees from the ax? DOUG RICH: From the building shift, I guess our preference would be not to shift the building and to go back and to be able to save the additional trees along the rear, and as I mentioned in the last public hearing, our whole approach on this was, and I think you can see… Well, we can go back, but you’ve seen a lot of great trees around the perimeter of the site, and we wanted to save those, but the comment was made and the direction to shift the building, and so we do understand that need and we decided okay, that makes sense to get thing farther away from Winchester, so let’s do it. And I do think eliminating Tree 40 will probably help the viability of Tree 41 that’s right next to it, so they’re not competing for resources there, but that’s my opinion. COMMISSIONER HUDES: Okay, thank you. CHAIR O'DONNELL: Commissioner Hanssen. COMMISSIONER HANSSEN: I just had a follow up on the trees; just to make sure I understood it. I do understand that in our Terms and Conditions, were this to be approved, that there is a requirement to do LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 replacement trees, but I was just trying to get the big picture, and I was looking at C-2.0, if that’s accurate, it’s also another version of the tree diagram, and I counted that 31 trees would be removed based on counting Xs, and 11 would remain. Does that sound about right to you? DOUG RICH: Staff, do you recall how many trees were being removed? JOCELYN PUGA: I don’t have that information available with me at this time, but it does sound correct. COMMISSIONER HANSSEN: So my question is you had what looked like theoretical landscaping designs unless they were actually where you would put the trees. My question is is it realistic given the footprint of the building to put that many replacement trees onsite? Because in our Tree Ordinance it does say that if it’s not possible that there can be funds put into the Town fund for trees. So the landscaping plans, are they in enough detail at this point that we would know you could replace… DOUG RICH: Yes, they are. We looked at that and we have enough… It was really close, kind of right there, depending on some sizing things that we would be able to completely mitigate onsite. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 CHAIR O'DONNELL: I think, Commissioner Burch, you had a question? COMMISSIONER BURCH: I have a couple, Chair, if that’s okay. CHAIR O'DONNELL: Go right ahead. COMMISSIONER BURCH: Can you remind me, what is the square footage of your parking garage? DOUG RICH: I don’t think I have the actual just square footage. COMMISSIONER BURCH: Your architect is behind you, right? DOUG RICH: Chris, do you know the total square footage of the parking garage? I don’t think that’s a calculation we have on any of the plans or anything. COMMISSIONER BURCH: Can you ask him to politely take… Because your measurements on here are so broken up, I can’t figure it out. I need to know how many square feet your parking garage is. DOUG RICH: Okay. COMMISSIONER BURCH: But while he’s looking at that, of your building how many square feet are actually what you’re going to be considering leasable square footage? On each floor would you consider, what, 2,000 LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 square feet are taken up by what we’ll call multi-tenant space: hallway, bathroom, lobby, stairwells? DOUG RICH: About 15% would be common area. COMMISSIONER BURCH: Yes, thank you, that word was escaping me for some reason. DOUG RICH: So that would be about 4,500 square feet. That excludes on each floor, and we can talk about occupancy, that’s just purely common open space to all tenants. Then within each floor print then obviously you have reception, bathrooms, break rooms, circulation hallways, kitchens, copy rooms, all those types of things. COMMISSIONER BURCH: But those still, as far as a lease goes, get divided up among the tenants. I’m thinking about the space that’s kind of that dead space, trying to figure that out. DOUG RICH: Yeah, that pure dead space would be about 15%, correct. COMMISSIONER BURCH: Okay. And then while he’s still looking for that, I may have missed this. I know Commissioner Janoff had asked you this idea about perhaps this is more of a split-level. Perhaps adjacent to the residential side you had more of a single-story, and it moved into a bit of a two-story or some configuration. Would you consider something along those lines? I’m trying LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 very hard to find a middle ground between your needs and the needs of our residents. Are those numbers you’d be willing to play with and see if they would pen out? DOUG RICH: I mean it’s so tough. I feel like that’s what we tried to do with that south end already, and we’ve definitely tried to push and pull and pull back, and I understand it hasn’t been right here at the very end that they wanted, but… COMMISSIONER BURCH: I was at CDAC, I know what you’ve done, so I’m not discrediting the steps you’ve taken. I’m just listening to the Town people. DOUG RICH: I would love nothing more than to say yup, that’s easy, that’s doable, let’s just go for it. As you can see, I’m really struggling with that. COMMISSIONER BURCH: I mean I’m not asking you to commit to doing it, I’m asking if you’d be willing to put pen to paper and see if it pans out. DOUG RICH: I mean I can go back and do it. It’s something I’ve done already, because once again, if I thought that I could do it and that would solve all this, I would have done it, I guess. I mean we’ve looked at this. We’ve tried to pull back as far as we can and still make everything work, and I feel like that’s kind of where we’ve gotten to, and I’m just being candid. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 COMMISSIONER BURCH: No, please. I want to help you too, but we… DOUG RICH: Yeah, I understand. I totally understand. COMMISSIONER BURCH: We get, and I’m not trying to overly speak for my fellow commissioners, but there are two sides to this. DOUG RICH: Yup. COMMISSIONER BURCH: There’s wanting to put good development in town, but also needing to care deeply about our residents, so I’m just trying to figure out how we may be able to not have this be in limbo for you for a long time, yet meet the needs, which I greatly respect and I’m sure you do too—you would not want your child’s bedroom to be staring at an office—and how we can make this work for both of you. My thought was somewhat being you already had reduced some of that south end in pulling that back a little bit more. I mean there might be something that you could create that would bring your lease rates, like a nice patio for dining up there, or something. If there was something like that that could offset that a bit, making the underground parking a little bit bigger and reducing some of it on the ground level. I’m not trying to do your LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 job for you, I’m just trying to find a middle ground and see what you might be amenable to checking for us. DOUG RICH: Yeah. COMMISSIONER BURCH: Has he still not been able to figure out the parking garage square footage? CHAIR O'DONNELL: I think we may have another question, and perhaps while they’re doing that, we can come back to you. COMMISSIONER BURCH: Yeah, that’s fine. Okay. CHAIR O'DONNELL: Let me know if, as, and when they come up with the square footage. DOUG RICH: Okay. CHAIR O'DONNELL: Thank you. I think did someone down there have their hand up? If not, we have Vice Chair Kane. VICE CHAIR KANE: While they’re working on that, let’s talk about the parking again. I cannot get it straight in my head. The parking is being provided underground and at ground level meets the requirements of whatever formula we have for approving that concept. But I can’t get it through my head if we have as many people there as was discussed in our last meeting why there would be so few cars actually parking above and below ground. It seems to me that there are going to be more cars than LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 spaces available. Where would you anticipate that overflow parking going? DOUG RICH: I don’t anticipate overflow parking, and let me just run through everything with you. This was mentioned in one of the public comments and I should have, I guess, addressed it. You have a building that starts with 30,000 square feet. As mentioned to Commissioner Burch, 15% of that gets eliminated with this common area, so that takes out 15%. Then on top of that, all the other items that I mentioned then go into each floor plan, which this is where you start talking about reception, hallways, bathrooms, break rooms, kitchens, conference rooms, copy rooms, all those types of things, and a very, very common, accepted load, or percentage, for those types of things is 35%. So you take the 15% and the 35%, and that gets you 50%. So what is remaining for offices or cubes is about half of your building, so that’s 15,000 square feet. If you were to Google “What’s the average square footage per office?” the national average is 150, but acknowledge in the Bay Area sometimes that gets lower, and so as was pointed out and maybe not too much lower, but let’s just go really aggressive. Let’s say it’s 125. So then if you take the remaining 15,000 square feet and LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 divide it by 125, you would get about 120 employees, and we have parking for 128. Then that’s where I went in, and this was mentioned, so I guess I didn’t explain myself very well, that’s then when I went into the whole okay, and then on every given day not every single 120 people come to your office. Some people are on business trips, some people are on vacation, some people are sick, and so you don’t have every single person there every single day. I said so we already have enough parking, but then on top of this you have this kind of added in as I guess I’ll call buffer or contingency, and so that’s where not only from our point of view is the parking adequate, but also of course it satisfies the Town’s parking, and so from my point of view you don’t need overflow parking; we’ve got the adequate parking. VICE CHAIR KANE: May I? CHAIR O'DONNELL: Yes. VICE CHAIR KANE: The sidewalks as I see them moving north on Winchester, there’s a bulb-out and then a recession along the property, and a bulb-out as you get to Shelburne. Is that intended to be parking? DOUG RICH: Are you talking about on Winchester proper? LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 VICE CHAIR KANE: Yes. DOUG RICH: I don’t recall. Does Winchester allow on-street parking? LISA PETERSEN: Yes, it does. VICE CHAIR KANE: So that would be intended for parking? Okay. CHAIR O'DONNELL: You have further… VICE CHAIR KANE: I had a follow up. I’ve gotta read my bad handwriting; I’ll come back to it, Mr. Chair. CHAIR O'DONNELL: How are we doing on figuring out the size of the basement? DOUG RICH: We have it. The size of the parking footprint is 35,600. CHAIR O'DONNELL: Now we can go back to Commissioner Burch and see if that helps her. COMMISSIONER BURCH: It does, with my scribbles. CHAIR O'DONNELL: Do you want to follow up with some questions, or do you want to take a moment? COMMISSIONER BURCH: No, I’m fine. Thanks. CHAIR O'DONNELL: Vice Chair Kane. VICE CHAIR KANE: It comes back to me now. What do you envision these businesses being? I think we may have said last time that they were not to be medical, is that correct? LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 DOUG RICH: We talked about it last time, yes, and the answer was our intent was not to do medical. We have not designed any of this for medical. That’s a big part of why we did the ceiling the way we did, and the open floor plans, and all those things. Our intent is to have these be professional offices. That was the need that we identified in the Town, and that’s what we’re absolutely targeting. VICE CHAIR KANE: I’m not sure how you can control that, but be that as it may, I can get over it, but I just don’t envision people not coming to work for a variety of different reasons. It just seems to me like what we’re doing these days, everybody comes to work and works for as many hours as they can; that just seems to be the current work ethic, for the kind of building you’re describing I think in particular. But if you’ve got X number of employees with the likelihood of filling those 120 people in the building, you said, and 128 spaces, would those extra spaces take care of the visitors, the clients, the patients, the vendors? See, I see a lot of overflow in an office building, not just for people who work there, but for people who have business there, like I have clients, like other people would have vendors, like people would have meetings with other folks LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 coming in. That’s where I see the overflow parking. If you’ve got it maxed out at 128—it was 128 or some number like that—and we’re depending upon folks not coming to work for one reason or another, which is practical to some degree, especially when you mention business trips, where do we put all those folks who don’t work in that building per se? DOUG RICH: So yes, absolutely, that leftover, and remember, once again, I went way conservative on 125. I think if we were all to pull out our phone and say what’s the average square foot per person right now, the number is going to pop up as 150, so I personally think that the number of excess stalls is greater, but I went really conservative, and you do have that street parking, and as I mentioned. We all work, we’re all workaholics, we’re all here tonight, but absolutely I think the number of people that travel and do all those things, you will not have every single person there every single day. VICE CHAIR KANE: Is it likely on the ground level parking, especially as you enter it from Winchester, that someone, because you may not have the power in the future, will dedicate ten visitor slots? LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 DOUG RICH: The visitor parking I would anticipate would absolutely be at grade. That’s what’s noticeable and that’s where people would go. VICE CHAIR KANE: Though that would subtract from your 128, would it not? Because you’re talking about the 120 people in there. DOUG RICH: The 128 would include visitor parking. VICE CHAIR KANE: Which might then cause some of the employees in that building not to have a place to park. DOUG RICH: I understand what you’re saying, and so let me go and say what I think is going to be it, and if someone could divide 15,000 by 150, that’s that parking that I think will be available for visitors. VICE CHAIR KANE: Thank you. CHAIR O'DONNELL: Do we have other questions? Yes, Commissioner Janoff. COMMISSIONER JANOFF: Thank you. I’m not certain where we are at this point. First I wanted to recognize that you did take into consideration some of the Commission comments last meeting and they are reflected in the plans, however, there were a lot of puts and takes in the sense that the building got lowered, but the windows got bigger; the ceiling got lowered, and the windows got bigger; so it LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 was kind of an odd sort of well, yeah, but that’s not quite what we had in mind. I have a number of comments about your current design that I could run through if that would be useful, but I’m not sure where we are in terms of retaining the current design, so I’m kind of at a loss. CHAIR O'DONNELL: I think you probably have a choice. You can wait until we close the public hearing and when it’s considered whether this be approved, or whether there will be a request to do further modifications, or whether it will simply be denied, that’s one time you could do it. If you think you want to be asking some questions that would be helpful to you, go right ahead. But that’s the choice you have, I think. You can either ask questions now that might help you, or you can wait and say this is what I’d like to see. COMMISSIONER JANOFF: I’ll wait. CHAIR O'DONNELL: Okay. Commissioner Hudes. COMMISSIONER HUDES: I’m very interested in Commissioner Janoff’s comments, and I have some comments as well that I think can all wait until deliberations, so from my perspective I’m eager to hear those comments. I had one other question for the Applicant. We had some testimony that the building height might exceed LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 what’s allowable due to not having an accurate map of the topography of the site and the need to maintain what I understand is less than 35’ in plane along existing grade. If I’m not correct on that, I’m sure Staff will correct me, but can you assure us without having that accurate topographical map that this building will not exceed 35’ in height? DOUG RICH: We looked at it. The building is 32’ from the front, and from there it slopes down. We sloped the building to follow the topography on down to match the 35’ and stay within that boundary. COMMISSIONER HUDES: So you basically used an average rather than a specific point by point sampling of the topography in order to do that, correct? DOUG RICH: I don't know how to answer that, because the answer is kind of both, I guess. In any given part, maybe someone dug out something or there was an old tree that got pulled out, and so a spot grade next to a tree may dip down really low, but if you look at following the code and everything down, we absolutely did that at the 35’ following the grade, if that makes sense. COMMISSIONER HUDES: Thank you. I may follow up with Staff on that, so thank you. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 CHAIR O'DONNELL: Commissioner Burch, did you have a comment, question? COMMISSIONER BURCH: No, mine is actually more of a question of Staff, so I’ll wait. CHAIR O'DONNELL: Yes, Commissioner Janoff. COMMISSIONER JANOFF: One question. We asked that you move the structure as far back as possible, 10’; you got 6’. What is the effective reduction in height from the standpoint of a viewer at Winchester with that shift back? DOUG RICH: Pushing back, and that’s why we started to try to really play with rooflines and everything, because pushing back only dropped the building 6”. I think the impact of pushing back is much more dramatic just on view angle rather than aggregate drop, and the reason why is because you have your underground parking and that slopes down, and you can’t just push the whole building down, because then your ramp down gets way too steep. CHAIR O'DONNELL: Other questions? If not, thank you and I will close the public comment portion of this public hearing. Now I will ask my fellow commissioners to make comments or anything else they would like. Commissioner Burch. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 BURCH: I have a question for our traffic engineer, please. I heard a lot of comments about—I wish I had a map—the grade level parking and coming out of that making a left, and some of the discussion was can’t we make it all go out on the side street, but I’m trying to understand why that would be a better or worse option. To me it creates a bottleneck on one street, and people are still making a left hand turn onto Winchester. Can you explain to me, would it be better to have it on one street? Would it be creating a greater problem? Are we truly benefiting by having two access points? JESSY PU: Jessy Pu, Town Traffic Engineer. From a traffic engineering perspective it’s better to have two driveways to serve the same amount of traffic than just one driveway. COMMISSIONER BURCH: So there’s no benefit in your mind at all of having… I know we like it better. I usually like it better too, it creates a bottleneck, but do you perceive any benefit though? If this left hand turn at that particular spot on Winchester is such an issue, would there by any perceived benefit on creating one access location on the side street where people would be making a left hand turn onto that spot? Shelburne, thank you. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 JESSY PU: We have not analyzed just serving all the traffic excess off one driveway on Shelburne; however, my gut feeling is it would still work, although I’d prefer having two driveways. COMMISSIONER BURCH: Okay, thank you. CHAIR O'DONNELL: Commissioner Janoff. COMMISSIONER JANOFF: Just to follow up, what is the preference? Is it an aesthetics, is it a preference because of the building tenants, or is it a preference for two entrances because of the neighborhood traffic? Where does the preference lie with the reason for it? JESSY PU: The preference lies when you have two driveways you can spread out traffic, so you don’t have the traffic concentration, and that will reduce your congestion. COMMISSIONER JANOFF: So you’re referring to the ingress and egress to the property, not surrounding neighborhood type of traffic? JESSY PU: When traffic gets out of the project they will head to where they want to go; Winchester mostly, or maybe some would use University. The only difference is around the corner of Shelburne and Winchester, and that’s not major changes in the traffic pattern. CHAIR O'DONNELL: Commissioner Hudes. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 COMMISSIONER HUDES: As a follow up to that, I understand the comparison of two driveways, but I think what we’re talking about in this situation is the comparison of the left turn onto Winchester from a driveway and a street, and just a street, correct? Because that’s really what the concern is about the impact on the surrounding neighborhood, and the traffic isn’t the traffic coming out of the two driveways per se, it’s that one particular driveway. If we were to eliminate that driveway and have it all come out a street would you say that the site lines would be better from Shelburne onto Winchester, because of the width of Shelburne, than from a driveway where there’s parking that’s allowed up to just a few feet of that driveway entrance, is that correct? JESSY PU: I think it depends on where the parking is permitted. It depends on where that red curb is. You come out of the driveway or come out at Shelburne, eventually you have to enter the travel lane and follow the same alignment. So if you come out at Shelburne, you look to the left. You still have on-street parking to your left, and you still have to inch out into the street before you can make a left turn. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 HUDES: What’s the normal parking setback to an intersection as compared to a driveway cutout? JESSY PU: Every intersection and driveway is different, especially with driveways. There are driveways that don’t have a red curb, there are driveways that have a red curb, some driveways have longer red curbs, and some driveways have shorter red curb. We try to balance the needs of on-street parking by ensuring traffic safety, and it all depends on the configuration. But in this case, the way that the new configuration is, you can come out of the driveway safely, and you can also come out of Shelburne safely. COMMISSIONER HUDES: Provided there’s an opening in traffic, et cetera. JESSY PU: Right. COMMISSIONER HUDES: But wouldn’t you say that the site lines would be better from Shelburne than they would be from a driveway? JESSY PU: I would say yes. COMMISSIONER HUDES: Okay, thank you. CHAIR O'DONNELL: Vice Chair Kane. VICE CHAIR KANE: And I think that’s an important yes, Mr. Pu. The issue essentially is we need two LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 driveways, because of the size of the building. If it were a Quonset hut, we’d just need one driveway. So the need for the two driveways is being created by the size of the building, and I’m thinking of… CHAIR O'DONNELL: Is that a question? Are you asking him a question? VICE CHAIR KANE: No. CHAIR O'DONNELL: Well, that’s what we’re doing. VICE CHAIR KANE: Did you know? CHAIR O'DONNELL: That won’t work. VICE CHAIR KANE: Come on, Tom. I’m getting around to it. CHAIR O'DONNELL: I don’t want a speech; I want a question. You don’t have the time for a speech, but if you’re going to talk to him, you ask a question. VICE CHAIR KANE: I thought this was speech time; we’re done with the public hearing. CHAIR O'DONNELL: Then don’t ask him a question and you’re fine. You don’t want to ask him a question? Or you want to speak to him? VICE CHAIR KANE: I want to speak to him. CHAIR O'DONNELL: Don’t. Does somebody have a question? Commissioner Badame. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 COMMISSIONER BADAME: I have a question, and it’s actually changing the subject. Sorry about that. There is concern with the perceived building height, so back to the Applicant’s presentation. Does Staff verify the topography measurements independent of their presentation? Are we to know that there are accurate numbers? Can we request an additional study, as Mr. Mekachuk had recommended that that Applicant do? I believe the Applicant had met with a consultant to consider some further analysis. JOCELYN PUGA: Staff is comfortable with the sections that the Applicant has provided. Additionally, during the building permit process the Applicant is also required to do a pad certification, so at that point we would also have verification of the building height and that it meets the 35’. COMMISSIONER BADAME: Thank you. CHAIR O'DONNELL: Commissioner Hudes. COMMISSIONER HUDES: Questions for Staff on story poles. Is there a requirement for story poles to be adjusted when major revisions are being made to a project, as the Applicant has indicated? JOCELYN PUGA: No, there is not a requirement. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 COMMISSIONER HUDES: So the story poles, if they were originally lower than the revised project, the story poles would not have to be adjusted? JOCELYN PUGA: They can remain. It’s the Applicant’s choice if they’d like to revise them or not. COMMISSIONER HUDES: Okay, thank you. CHAIR O'DONNELL: Commissioner Hanssen. COMMISSIONER HANSSEN: This is a question for Staff. I know we went over this at the last hearing, but can you remind us of the height and the square footage of the Palo Alto office building down the street? JOCELYN PUGA: The square footage is 14,560 square feet. The height is 30’ along Winchester Boulevard and increases to 35’ along the sides and the rear of the building where the property slopes down. COMMISSIONER HANSSEN: Okay, thank you. CHAIR O'DONNELL: Other questions? I have a question of the engineer. There has been some discussion as to whether there should be one or two driveways, and I think we understand that discussion. I’m wondering if you said there is no left turn into the driveway on Winchester and out of the driveway on Winchester, what your opinion of that would be. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 JESSY PU: It would add six cars turning in and out of the driveway on Shelburne. CHAIR O'DONNELL: It would add that? JESSY PU: Yes. The traffic that would use the driveway on Winchester would now be using the driveway on Shelburne, so you would add more traffic load to that driveway access. We have not analyzed that situation, but my gut feeling is that it should still work. CHAIR O'DONNELL: All right, thank you very much. Other questions? Okay, we’ve finished with the engineer. Does anybody have comments, a motion, whatever you’d like to do? Commissioner Kane. VICE CHAIR KANE: My concern with the left hand turn is substantial at this point. Earlier I said I had an exhibit, and I was being flip at the time, but the fact is I drove to the building at about 10:15 and I parked outside. I’ve got a big ol’ Jeep Grand Cherokee monster brick truck, and as I was parking there two cars went by me so fast that my car shook, and I thought well, that’s interesting, I didn’t expect that. I grabbed the closest thing I could, which was this tissue box, and from 10:45 to 10:55 63 cars went by me heading north. Of those, eight were equal to or lower than 25 miles an hour, 44 were going substantially over that, up to 30 miles an hour, and 19 of LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 them didn’t even show the speed, because the sign just kept flashing, “Slow Down.” That’s the experience I had out there. I’m not a traffic engineer, I’m just a guy sitting in a car that’s getting rocked, and I went this is different, and most of us, plural, that is to say, 50-something out of 63, don’t obey that speed limit. Now, I don't know if a scientific study is going to account for that or not, but it’s going to be hell to pay to get out of there making a left onto Winchester unless there’s a flashing light to tell people that cars are coming, and you’re focused on this speeding guy coming from the left and you don’t see the bicycle coming from the right. It just strikes me as a disaster waiting to happen. Now, that’s what you have to put up with. I’m not a traffic engineer, I’m just a guy who took an oath to try to do the right thing, and my experience is very disturbing, and I want to share that with my commissioners and hear what you think, because I think in watching the traffic I could live with a left hand turn in if we had to try to find a way to make this project viable. I imagined I was coming out and made the right turn, like the lady does sometimes, and I went down Shelburne despite the fact that there are 85 potholes LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 there; it wasn’t inconvenient to get down there, turn on University and go up Blossom Hill and get back to where I was. So my position currently is that maybe I can live with the left in, but I cannot live with the left out. And this was 10:00 o'clock in the morning. This was 10:45 to 10:55. If I’d had more time, I would have stayed there, but I’m sure the ratio wouldn’t have changed. It was extraordinary. Twenty guys flying by over 35, eight people out of 63 obeying the speed limit, and two of those made a right on Shelburne. And by the way, nobody made a left into Shelburne coming down. Now, I’m no scientist, but that’s my ten-minute experience. I’ve been concerned about that from the beginning. I went down to the medical building. They’ve got the advantage of the Daves Avenue intersection, and they’re all tied up. They’ve got red lights, and children lights, and push button to cross the street; everything is tied up tight, so I don’t see the buildings as comparable in that sense. What I do see as analogous is when we have a house in the hillsides sometimes we have to say all of your objective numbers are right, but it doesn’t fit the site. There’s objectivity on these numbers fitting, the subjectivity is it turns out to be a really tough site, LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 because of the view down Winchester and the need to get out on Winchester, and I don’t think that’s a good idea currently. So that’s my issue on traffic and left turns. I’ve got issues on the Commercial Guidelines, but I’ll come back to those later. CHAIR O'DONNELL: Commissioner Burch. COMMISSIONER BURCH: To step back at a higher level, and I believe Commissioner Kane had alluded to it, I think this is all coming back to the size of the building. If we analyze traffic, traffic comes from the number of people, and the people are from the square footage of the building. I’ve been sitting here trying to look at it and I’m not easily finding a solution, and it sounds like you are equally backed into a corner as far a solution, which to me begs the question to my fellow commissioners, do we continue it or do we look to deny and let him move on? I typically try to find that compromise and find a way to continue, but I’m not sure I’m seeing it, and I would just like to get my fellow commissioners’ read. As we go through, we can talk about the weeds, but I just feel like there’s this higher level we need to talk about. CHAIR O'DONNELL: Commissioner Hudes. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 COMMISSIONER HUDES: To respond to a couple of things that other Commissioners have said, with regard to continuing versus denying I think there is probably still more to be discussed here before I can reach an opinion on that particular branch, and I think it comes back to this… But I do agree with the comment that the root cause of a number of the issues is the size of the building. For instance, the number of trees that are being cut down, which I think is excessive, relates to that. The setback. For instance, we clearly asked for a 10’ setback, we got a 6’, but that’s because they held the size of the building as a constant, and we don’t know how much of a reduction. I don’t think we’ve talked about any alternatives or things like that yet, but just to respond to that. With regard to Vice Chair Kane’s comments on the left turn situation, I’ve observed that and I understand the Daves Avenue traffic and the sensitivity with the number of children on that street at particular times of the day, and so I think we have a situation where we’re not only looking at an ordinary risk profile in terms of a car to car accident, but I think we’re also looking at a risk profile that could involve children walking or on bicycles LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 as well, so I think we need to be extra careful in consideration of that While I understand the position of the traffic engineers and the traffic study that a two-driveway solution is generally better, I don’t think that holds in this situation, because you don’t have two driveways going onto the same thoroughfare. You have one going onto a dangerous thoroughfare and one going onto one that could be much safer, so I think you have to consider that, and with that I think that serious consideration should be made to eliminating the left turn, or having all the traffic flow in through Shelburne. I think there’s been some discussion of it, and we had some testimony from the Applicant tonight that it would potentially be a tradeoff that we might have some situations of safety within the parking lot if it were a Shelburne only egress. However, I weigh that and I say how serious is that? Because those cars are traveling at three miles per hour and there is not children back there, whereas on Winchester you’ve got, as Commissioner Kane rightly observed, 30-40 miles an hour-plus traffic going on with children. My opinion is in order to approve a project like this we would need to really look at the Shelburne entry and exit alternative; I think it would be something that we LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 really should look at and not quickly try to make that tradeoff without examining that as a safety alternative, in my opinion. CHAIR O'DONNELL: Before I go to any more questions I want to just say something; I don’t think I’ve said too much tonight. I personally think that we would be better off denying than going back to the drawing board, because the questions being raised tonight are not only important for this project, but we know fairly close to it is a fairly large former nursery which will also come. It seems to me that the zoning and everything in that whole area is totally consistent with what the Applicant has asked for. On the other hand, people have raised serious questions and have said, notwithstanding that it meets all the requirements, at least the height requirements, we can limit the left hand turns where really we don’t want to do it. We’ve also heard from the Applicant who said I couldn’t substantially reduce it any further. I would like to know where the Council comes down, because this is not the only question we’re going to have on this street, and we know this street is a gateway street, and I think the Applicant would be benefited from LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 finding out from the Council, because it’s zoned for the way it is. The Town has done everything. We have a recommendation from Staff. We’ve heard from the traffic engineers, and as far as they’re concerned we ought to approve this project. I have not heard one of my fellow commissioners speak in favor of this project, so to say let’s go back to the drawing board, to me, would be unfair to us, because I’d like to get some direction from the Council, and it would be unfair to the Applicant, because it isn’t free to keep doing revisions, particularly when we’re not agreed on what those revisions should be and how small it should be. So I just want to throw that out. Whatever you want to do, obviously we’ll do what the majority wants. Now, I think Vice Chair Kane had his hand up before I said something, so I’ll look to him. VICE CHAIR KANE: Maybe I’m speaking to Council, and maybe I’m speaking to the Applicant. I think the architecture is outstanding. I love the drawings. I love the thought that went into it. It could be a beautiful addition to the town if it was half its size, if we could just get 3’ people to be there, because it is the size that is the problem. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 In the required findings that, “The site is physically suitable for the type of development. That the site is physically suitable for the proposed density of the development,” and density because of the size is at least my issue, and I go to the Commercial Design Guidelines, and the common ones apply to this and any other project that’s not in one of our special districts, and it says, “Maintain a building scale that is consistent with the Town’s small- scale image.” I could be overruled or straightened out by Council, but I say it’s the biggest house in the neighborhood. That’s the analogy, and that’s the problem. It doesn’t maintain the Town’s small-scale image. “The sensitive interface of commercial development with adjacent residential neighborhoods.” You’ve got a right to build there, and you’ve got a right to make a profit. If the site is such that you can make a profit, we’ll work with you, try to figure something out, but I just don’t think you can create the havoc that we have on the part of these neighbors with so many letters and so many speeches; that just simply can’t be denied. We have present people; we have future people. The present people need to be heard and respected. The future people go to the development of the Town, and that needs to be heard and respected. But when I go to LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 Commercial Guidelines, “Maintain a sense of place with views, surrounding hills preserved.” Boom. It’s coming right out of the book. “Design to maintain and reinforce the unique scale and character of Los Gatos.” This beautiful building may not do that. It’s in the wrong place and/or it’s too big. Otherwise, it’s aces. It would be a great addition if it were in the right place or if it were in the right size. Thank you, Mr. Chair. CHAIR O'DONNELL: We had some other hands up? Commissioner Hanssen. COMMISSIONER HANSSEN: I, too, thought that the revisions that were made I liked the architecture very much, and I’m troubled because I hear that this is in compliance with the building code requirements and whatnot, but then we have to consider neighborhood compatibility, and if this were actually on University it probably would be a much better fit. The reason I asked about the Palo Alto building is although there are buildings somewhere on Winchester that are 30,000 square feet, they’re not there, and that particular intersection is a block away from Daves Avenue, which is problematic. I personally have never driven 35 miles an hour, because I got a ticket for speeding going 35 LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 miles an hour, but nonetheless it’s a big problem and that’s probably why they had the speed trap. You know, neighborhood input isn’t everything, but it’s a lot, and normally when there’s a compelling reason to approve a project there’s usually at least one neighbor that thinks it’s a good idea, and right now the current proposal isn’t where it needs to be in that we haven’t heard any neighborhood support for the project as it stands now. So then we’re at this crossroads where economically it may not work to reduce the size enough to get it there, but I, too, was hoping that there was some kind of compromise to maybe reduce parts of the building to single-story. I don't know if it’s going to make sense to continue it or deny it and then see where it goes from there, but right now I don’t think that the project is where it needs to be. Relative to the traffic, I, too, share the concern, and I do think independent of all the traffic analysis that it would be a superior solution from a traffic and safety perspective to have all the traffic routed through Shelburne. Those people are going to turn left on Winchester anyway to go downtown, or go to Highway LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 17, go south or whatever they do, but it would be in my mind safer to do it from there. But to go into the traffic and try to make changes right now when we don’t have a basic proposal for the building that is something that appears that can be approved, then I think we should leave it to decide whether or not we move forward before we start making those kinds of changes. CHAIR O'DONNELL: Commissioner Janoff. COMMISSIONER JANOFF: Just echoing the views of my fellow commissioners. I think that there is work to be done on the design. I don’t think all of the requirements or the requests that we have made from the last meeting have been satisfied, as I mentioned before, so there is work there. Your neighbors obviously still have some issues (inaudible). But overall, at that 30,000 square foot place, this is an overly constrained problem. You push one place, you get a bigger problem elsewhere, and I don’t think it makes sense for us, or for you as has been said, for you to continue to go pick up another rock and we find out it’s not quite the right rock, so it’s a little bit of an unfair situation. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 I personally would be in favor of denying it to push the issue to Town Council, assuming that we can frame a question to Town Council that would yield an answer that we can work from going forward. CHAIR O'DONNELL: Let me suggest one thing. It’s been fairly clear to me that most people when they come in and satisfy all of the written requirements, that project ought to be approved, except as the Vice Chair says, in some cases the uniqueness of the situation would say no, you don’t. The problem that I’m concerned about, and that’s why I think the Council could be helpful, is that whole street is zoned consistent with this project, so if we want a smaller project, then I think the Council ought to weigh in, because it isn’t just going to be this project, and that is not what they’ve said in the past, so I would like to hear. Now, we’ll start with Commissioner Burch and we’ll go down the line. COMMISSIONER BURCH: Thank you. This may or may not be the right time to say this, but I’m going to formally request a joint study session between the Planning Commission and the Town Council for Winchester Boulevard planning. I think we have a lot of stuff coming up on that LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 street, and while we’re always looking at applications one at a time, I think we need to have a global review of this. CHAIR O'DONNELL: I would like to. Yes, Commissioner Janoff. COMMISSIONER JANOFF: I hate to make that elephant even bigger, but we’ve got a lot of other issues in close proximity to this Winchester Avenue project. We’ve got the McCarthy at the corner of 9 and Santa Cruz, we’ve got the two projects on Alberto, and other projects that we don’t yet know about, all of which boil down to a very, very similar dilemma on our part: they meet the requirements, and yet there is something major that seems flawed about them, so I would agree that a study session is a very reasonable thing, but I would like to see it broadened so that we’re really looking at if it can’t be town-wide, at least within that square mile. CHAIR O'DONNELL: Commissioner Hudes. COMMISSIONER HUDES: I guess I am in favor of denial in order to further the process for all the reasons that have been said. I would respectfully disagree with the Chair that all the written requirements have been satisfied, because I think there are a number that haven’t. One of them would be the requirement to preserve views of the hillside. My opinion is that that hasn’t been LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 maximized. Also, I think there may be some architectural compatibility issues. I would actually love to hear Commissioner Janoff’s requirements on those, but I think that that relates back to the Commercial Design Guidelines, and I think my own uneducated opinion about that is that in the last redesign where the square footage was held constant some of the features and articulation of the building was flattened, and to me it looks more like a boxcar than it did before this in terms of the outline, so I think that it’s less compatible and it may be not compatible with the Commercial Design Guidelines. CHAIR O'DONNELL: Could I suggest that it appears to me that we have a majority for denial? All the questions that are being discussed now are good questions, but again, I think we probably need some guidance from the Council, but I think the idea of a joint study session is a good idea, too; probably both those things. It is now quarter to ten. We have another matter. I would encourage someone to make a motion. Who will make the motion? COMMISSIONER BURCH: I’ll make the motion. CHAIR O'DONNELL: Okay. Commissioner Burch is going to help us out. LOS GATOS PLANNING COMMISSION 4/26/2017 Item #2, 15860-15894 Winchester Boulevard 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 COMMISSIONER BURCH: I’m going to move to deny Architecture and Site Application S-16-023, Subdivision Application M-16-002, and Negative Declaration ND-16-003, property located at 15860 through 15894 Winchester Boulevard. I am going to make the note that I actually find the project to be architecturally great. I think that style is good. I hope that in this that there can be some work that can be done between the Applicant and the neighbors that benefits both, but I think we are at an impasse and we need Council to weigh in. CHAIR O'DONNELL: Is there a second? Commissioner Badame. COMMISSIONER BADAME: Second the motion. CHAIR O'DONNELL: The motion is seconded. All those in favor, say aye. It appears that we are unanimous. So can we have the admonition about appeals? JOEL PAULSON: We can, thank you. Anyone who is not satisfied with the decision of the Planning Commission can appeal that decision. The appeal must be filed within ten days. There is a fee for filing the appeal, and the appeal form can be found in the Clerk’s Office.