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401-409 Alberto Wy-- Addendum and Exhibit 25 PREPARED BY: JENNIFER ARMER Senior Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 1/10/2018 ITEM NO: 2 ADDENDUM DATE: JANUARY 9, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ARCHITECTURE AND SITE APPLICATION S-15-056, CONDITIONAL USE PERMIT APPLICATION U-15-009, AND ENVIRONMENTAL IMPACT REPORT EIR-16-001. PROJECT LOCATION: 401-409 ALBERTO WAY. PROPERTY OWNER: CWA REALTY. CONTACT PERSON: SHANE ARTERS, LP ACQUISITIONS, LLC. REQUESTING APPROVAL TO DEMOLISH THREE EXISTING OFFICE BUILDINGS AND CONSTRUCT A NEW, TWO-STORY OFFICE BUILDING WITH UNDERGROUND PARKING ON PROPERTY ZONED CH. APN 529-23-018. REMARKS: Exhibit 25 includes additional public comment received between 11:01 a.m. Friday, January 5, 2018 and 11:00 a.m. Tuesday, January 9, 2018. EXHIBITS: Previously received under separate cover: 1. Draft Environmental Impact Report 2. Final EIR and Mitigation Monitoring and Reporting Program, dated June 29, 2016 Previously received with December 13, 2017 Staff Report: 3. Location Map 4. Required Findings and Considerations (two pages) 5. Required CEQA Findings of Fact (24 pages) 6. Recommended Conditions of Approval (22 pages) 7. Excerpt of Town Council meeting Minutes from October 3, 2017 (three pages) 8. Town Council Resolution 2017-056 (three pages) PAGE 2 OF 5 SUBJECT: 401-409 ALBERTO WAY PROJECT/S-15-056, U-15-009, AND EIR-16-001 JANUARY 9, 2018 N:\DEV\PC REPORTS\2018\AlbertoWay401-409 1.10.18 remand cont ADD.docx 1/9/2018 11:20 AM 9. Letter of Justification/Project Description (23 pages), received November 7, 2017 10. Supplemental Applicant Information (four pages), received November 17, 2017 11. Architectural Consultant’s Report on Previous Plans (eight pages), received March 17, 2017 12. Project Information Sheet, prepared by the Parks and Public Works Department 13. Public Comments received by 11:00 a.m., Friday, December 8, 2017 14. Development Plans (37 pages), received November 7, 2017 Previously received with December 13, 2017 Addendum Report: 15. Hexagon Transportation Consultants, Inc. Letter, dated November 30, 2017 (two pages) 16. TGKM Transportation Consultants, Inc. Letter, dated December 8, 2017 (one page) Previously received with December 13, 2017 Addendum B Report: 17. Applicant’s Supplemental Response Letter, dated December 11, 2017 18. Applicant’s Geotechnical Consultant (ENGEO) Letter, dated December 12, 2017 19. Town’s Geotechnical Consultant (Amec Foster Wheeler) Letter, dated December 12, 2017 20. Public Comments received between 11:01 a.m. Friday, December 8, 2017 and 11:00 a.m. Tuesday, December 12, 2017 Previously received with December 13, 2017 Desk Item Report: 21. Public Comments received between 11:01 a.m. Tuesday, December 12, 2017 and 11:00 a.m. Wednesday, December 13, 2017 Previously received with January 10, 2018 Staff Report: 22. Revised Conditions of Approval (22 pages) 23. Applicant response letter, received January 3, 2018 (94 pages) 24. Public Comments received between 11:01 a.m. Tuesday, December 12, 2017 and 11:00 a.m. Friday, January 5, 2018 Received with this Addendum Report: 25. Public Comments received between 11:01 a.m. Friday, January 5, 2018 and 11:00 a.m. Tuesday, January 9, 2018 Distribution: Shane Arters, LP Acquisitions, LLC, 535 Middlefield Road, Ste. 190, Menlo Park, CA 94025 Jennifer ~rmer From: Sent: To: Subject: sheny <sherry17s@prodigy.net> Friday, January 05, 2018 11:30 AM Jennifer Armer Re: 401-405 Alberto Way Proposed Development Hi Jennifer -I would like this to be given to the Planning Commission Members prior to the public meeting about the proposed development next week. Thank you. Dear Members of the · Planning Committee, As you know from my prior comments before you I am very concerned about the amount of traffic that will be generated by the proP,osed development here, especially in light of the fact that Alberto Way is a dead end street with only one way in and one way out, as well as the fact that the general area already has many unresolved traffic problems. I feel Alberto · Way should be widened to include a left turn lane into the property so that traffic doesn't bottle-neck behind the employees and visitors waiting for them to turn left into the property, and feel that this is the time to ask the developer to provide the land needed to provide this lane. If this isn't done the only alternative will be to use residential on-street parkinQ and I feel that would be verv unfair to the residents. The --~ offer by the developer to allow residents to use their above ground parking after hours restores some of the parking availability, but not all of it, and certainly not the convenience of parking closer to your home. Also, if doesn't address the residents on-street parking needs during the day when the office lot is off limits. Are residents to remove their cars from the lot by an early hour on weekdays -to where? And what about parking for high school students returning home when school ends at 2? Where are they to park until the office building's tenants leave for the day? The same is true for visitors to Alberto Way, and contractors hired by the residents to provide various services during the day (gardening, home EXHIBIT 25 maintenance, cleaning, plumbing, electrical, etc) needing access to a place to park, as well as all of those people .that will avail themselves of the shuttle and want to park their car on Alberto Way in order ·to take it. Thank you for your time. Sherry_Burke 420 Alberto Way los gatos Ca 95032 (408) 313-8471 To: Town of Los Gatos Jennifer T. Armer, ACIP Associate Planner Community Development Jlepartment 110 E Main Street, Los Gatos CA 95030 EmaJll: Armer@LosGatosCA.gov From: Harold Vitale, 415 Alberto Way Los Gatos CA 95032 Email: hsvitale@earthlink.net Date: January 4, 201~ Dear Jennifer, I am writing you to express my opinion that the proposed Building development plan for 405 Alberto Way Los Gatos CA be rejected. The developer's proposal includes several flaws. This letter only focuses on three of these flaws. Other flaw descriptions have been or will be mailed to you by others.. Some will be presented atthe next Open Planning meeting. Specifically this letter addresses the following flaws: (a) The two level underground parking garage. (b) Congested traffic ramifications. (c) Credibility of the Project Plan. (a) Two Level Under Ground Parking Garage Risks. Automobile Fire: Under the hood or within the cabin. Both pose the threat of noxious/dangerous fumes to persons in the garage and in the automobile cabin space. Overhead sprinklers will be practically useless, as the car by design, isolates the engine compartment and cabin from sprinkler water. Garage ventilation systems will remove some fumes escaping from the open bottom of an engine compartment but not all. Flooding of the garage space due to a geological disaster. People could be trapped if the disaster knocks out electrical power for flood control pumps. b)Congested Traffic Risks . Long wait times. Vehicle Fender Benders due to frustrated drivers (road rage). Delayed emergency medical treatment can be fatal. First Responder assistance will be delayed in the event of fire or other disasters. Waiting a long time for a signal light to indicate 'Walk" will be frustrating for pedestrians. This includes children going to school and reqirning from school. Trame Conditions on Alberto Way • . Traffic Flow Leaving: 332 Vehicle Trips, 405 Garage to Alberto Way 250 Vehicle Trips, 485 Parking Lot to Alberto Way Merge 405 with 485 Traffic at intersection of 405 In/Out Driveway & Alberto Way Right Turn Lane for Alberto way Vehicles to enter Saratoga/LG Road ( c) Developer /Poor Credibility /Defiance Look at his record: Residents ask for a smaller size Building. Developer responds "NO". Pagel City Planning CommtssiDn delays decision on approval/rejection of project & invites developer to return with a revised plan to address Commission & resident issues. Commission advises Developer to reduce footprint by 30% in the revised Plan. The Developer indicates he is unwilling to back down on that requirement. The revised Plan addresses the issues. Many of the revisions/solutions spin off new issues such as risks inherent with an underground garage. Revised plan reduces the footprint by about 4%. So much for the developers position of "no back down" on size. Planning Commissions rejects the project. Developer appeals the decision. The request then goes to the Town Council for final approval. The Town Council hears "new information" from the Developer. Included as "new information" is a further reduction in building foot print of -10% and a commitment by the developer to donate sufficient property to build a right hand turn lane at the corner of Saratoga Road and Alberto Way with the thought of easing some of the exiting traffic.. This turn lane requires State approval . My purpose in reviewing these events is to point out what I consider poor credibility on the part of the Developer i.e. not a person of their word. The "new information" to the Town Council in my opinion, was a fascia in an attempt to sway the decision to be in favor of the developer. The new information was trivia in nature.. The turn lane is not trivia but needs the backing of the proper State Authorities, CALTRAN. The Developer's antics have created anxiety for many of the neighborhood residents. They are worried that if the project is approved, there will be other burdens placed in their paths by this developer. Based on his lack of credilbility. Traffic Flow: Traffic flow In/Out of Alberto Way would be unacceptable. Please refer to the document I submitted to your office January 2, 2018. Several suggestions have been discussed in the open planning hearings and would only result in minor improvements. This heavy traffic flow also creates potential accidents at the right hand turn from Alberto way to Saratoga LG Rd. This situation is due to the U TURN signal which is heavily used for cars to enter the North bound ramp to Highway 17. Page 2 Jennifer Armer From: Sent: To: Subject: Ellen McCullough <ellenmdpt@gmail.com> Friday, January 05, 2018 6:38 PM Jennifer Armer Objection to the Alberto Way development project. I own a home on 100 Cuesta de Los Gatos Way which is on the corner of Alberto Way and Cuesta de Los Gatos. I have. been an owner since 2005 and have steadily seen the traffic on Alberto increase and the parking become a nightmare. I am especially concerned about the intersection at Alberto and Hwy 9. I was crossing Hwy 9 recently and as I stepped out onto the crosswalk, a driver in a suburban ran the red light only inches away from me. She was distracted but also I noticed as one comes down the hill in a car from LG Blvd, the sun can be blinding and the lights at Alberto and Hwy 9 are difficult to see. Adding a huge complex with so many more people using this intersection would be an absolute disaste r. I am happy to be here to write this email... Thank you, Ellen McCullough Jennifer Armer From: CONNIE [mailto :cgdailey@comcast.net] Sent: Monday, January 08, 2018 3:33 PM To: Jennifer Armer <JArmer@losgatosca.gov> Subject: RE; 401 -409 Alberto Way Public Hearing/Planning Commission January 10, 2018 Architecture and Site Application 5-15-056 I'm sure the town of Los Gatos has laws governing litter about construction sites and elsewhere. The project on Alberto Way and Hwy 9 must be in violation of litter laws on its premises. Yellow caution ribbons are around trees, posts, fences, landscaping and the parking lot. Traffic cones are scattered abqut the property, the netting showing the location and height of the project is in disarray, droops is blown about by the wind and in general makes our neighborhood look like a · homeless camp and · devalues our property. If this is an example of what this project will look like during construction that is estimated to last several years, then our neighborhood's serenity is in deep trouble and the town of Los Gatos must do something to prevent this outrage. George S. Dailey 441 Alberto Way #111 Los Gatos, CA 95032 408-827-4956 cgdailey@comcast.net To: Planning Commission From: Los Gatos Commons Committee on Alberto Way Development and the Board of Directors Date: January 9, 2017 We have read the applicant's letter of January 3, 2017 and w ish to comment on some of the claims made. We do not believe the applicant has demonstrated that it is not feasible to reduce the size of the proposed building below 74,260 sq. ft . We feel that, given a little more time, we could produce docu.mented research to show the size of Class A buildings in the San Jose area and in what kinds of neighborhoods they are located. This research could allow the applicant's claims to be objectively evaluated. Thank you for attention to our comments. Sincerely, ~?::::!::::ws Comrrwns APPLICANT'S CLAIMS RESPONSE/CORRECTION All the comments that the Planning Commission Commenters have continually pointed to received at Its Dec. 13, 2017 meeting are the same inconsistencies with General Plan and COG, but comments that the commenters submitted in their position on the project has changed. August 2016, March 2017, April 2017, May 2017, Originally, neighbors wanted a 31,000 sq . ft. Sept. 2017, & Oct. 2017. building, surface parking, no loss of mountain views. Currently, they accept a 62,000 sq. ft. building, one level underground garage, preservation of views from north corridor but not south. Petition from all 4 condo organizations, 8/18/2016: scale and design to look and feel like Los Gatos, a small town, with views of Santa Cruz mountains; parking above ground; analysis of traffic impact that reflects reality. Petition from all 4 condo organizations, 4/6/2017: reduce size below 83,000 sq. ft.; protection of views; surface parking; new analysis of traffic impact that includes impact of pending projects. Neighbors support Planning Commission's denial of the project, Town Council appeal hearing, 9/13/2017: Commission did not consider only one GP and one COG policy; rather they found inconsistencies with two LU and two COG policies and pointed to inconsistencies with 25 additional GP policies not identified by number. The finding was not arbitrary because it addressed problems of fit with neighborhood, views of the hills, traffic congestion; property damage from 2 level garage, and privacy issues. Fi ndings about size, density, views, street access, and senior issues were objective. The applicant's claim that he achieved 80-90% of what the Commission directed was misleading: he made changes but did not actually resolve the problems. The applicant argued that the neighbors wanted no development on the site, but neighborhood representatives on 8/18/2016 advocated for the "Existing Square Footage" Alternative of 31,000 sq. ft. {also additional refutations in the neighbors' letter of9/13).) Petition from Alberto Way neighborhood organizations, supported by Boards, 12/6/2017: reduce size to 62,000 sq. ft. or less, one level garage, protect mountain view from north corridor. APPLICANT'S CLAIM RESPONSE/CORR ECTION Question: Why is 74,260 sq. ft. the minimum size for a Class A office? This is the arecommended size» in DEIR. The DEIR does not recommend either Alternative; rather, it compares the relative merits of two I alternatives. 5:8-10; 6: 3-12 A smaller building with more surface parking Then why du the other designs include surface I would not .permit secured parking. parking? A smaller building cannot accommodate the What amenities exactly? We have not heard what amenities. tenants would expect. kind of company the applicant hopes to attract and what indoor amenities he will provide. At Alberto Oaks (56,000 sq. ft.) there are conference rooms, full kitchens, showers, basketball court, and possibly other amenities. In Silicon Valley 95% of Class A offices provide floor The source for this statement is G. van Thaden: is plates of 35,000-40,000 sq . ft. he a friend or business associate of the applicant? Where are these Class A offices located? Any adjacent to residential developments? Where are the 5%-are they in small towns like Los Gatos? A building Jess than 74,260 sq. ft. would be Architect Kirby (Planning Commission meeting, untenable from a leasing marketability standpoint. 12/13/17, 2:20) said that a Nftoor plate of 35,000 is a good target, considered the minimum in that market. • . It is easier to ... a little more difficult marketing below that.» So, It can be marketed perhaps with a little more work. Or, perhaps there is a tenant out there who does not need a Class A building this large. APPLICANT'S CLAIM RESPONSE/CORRECTION Question: What are the options for a single level underground parking garage or why would it not be possible? No options for a single level Please ask the applicant: If a single level garage with some surface parking is assumed, how large a building would that accommodate? The applicant's first design called for a garage footprint of 78,100 sq. ft. for 192 cars, 7 surface spaces, and open space. The sq. ft. of a 2.15 acre lot is 109,000. A single level for a 74,260 sq . ft. building is not If the size of the building is reduced, a single level feasible. We need 298 spaces less 38 surface garage works (e.g., for a building 56,000 or 62,000 spaces . The lot will not hold a single level garage sq. ft.) for 260 cars. To reduce to a 56-62,000 sq. ft. building for a We have heard the feasibility argument before. single level garage would make the project The Redesign 3 saves millions by reducing the size economically infeasible. of the building/garage. A further reduction would save more money. Why doesn't the applicant propose a number that he thinks COULD work with the single level garage plus surface parking? The staging area would be lost. If true, we neighbors accept the tradeoff. Surely there are options. If we eliminate the amenity area on the north OK, but if the setback is 80 ft . to protect our view there is room for only a single row of cars. of the north corridor, there Is more room. Redesign 3 already reduces the impacts to the As shown in our photos and on-site viewing, the residents along the north property boundary, so pre-project view will be ruined (largely blocked) by no need for a setback of 80 ft . Mr. Kirby said in Redesign 3. The redesign makes the view more the Dec. 13 Planning Commission meeting (3:46) generous than redesign 2 but not more that Redesign 3 improves the view, makes it "more "generousn than our pre-project v iew; it is generous'' on the north side; the neighbors can ridiculous to think a view of a slim bit of earth over see mountains over the top of the buildings, the tops of buildings compensates for the loss of a anyway; the Redesign will improve the view by view of hillsides and a peak, a distant panorama. removing the existing building. The existing building does not block the· view of the mountains; the Caltran trees block some of the lower hillside. APPLICANT'S CLAIMS RESPONSE/CORRECTION Questions about Design of Parking Garage Dr. Peter Geissler and neighborhood residents Residents are focused on damage to their erroneously suggest 2 level garage would pose property, not safety of tenants at 405-that is the safety concerns for adjacent residences developer's responsibility. ENGEO's conclusions and recommendations have · Experts can make mistakes, as the residents of been approved by experts. I Millennium Tower know. ENGEO has been on the defensive ever since they failed to assess the impact of excavatio.n on neighboring properties for the DEIR. Monitoring of excavation area during construction Without monitoring and other safeguards beyond can prevent differential settlement to offsite the excavation site1 we do not think our property is properties. No need for post--construction safe during construction. Note Palo Alto monitoring. regulations. The town's motivation for making the garage one Dr. Geissler did not claim it is impossible to design level is based on erroneous claims by Dr. Geissler such a garage; he criticized ENGEO's analysis. that it is impossible to design a below grade garage ENGEO's own analysis (Appendix C, DEIR) indicates that will not leak or flood. When properly that there will be differential foundation designed an underground garage will not leak or settlement (less than Dr. Geissler calculated). In flood and will not cause subsidence on adjacent defending against Dr. Gelssler's analysis, ENGEO property. For example, Netflix has a 2 level admitted that there was Nlow risk" of property underground garage in Los Gatos. damage to neighboring properties. We know that engineering errors occur and that we would be financially devastated if our property is damaged and that we would have Uttle hope of successfully suing to recover damages . Dr. Geissler tells us that a one story garage will not be a problem. Coincidentally, a one story garage will be adequate for the size building that we believe is suitable for Alberto Way. Netflix is not on a flood plain and is on a much higher elevation than the 405 site. Dr. Geissf P.r I~ 1_mderqualified. Geissler Engineering was founded in 1973. It specializes in design of earthquake-resistant buildings, foundation engineering and seismic retrofit of existing buildings. Dr. Geissler Is a court-appointed expert in the field of soil subsidence, differential foundation settlement1 property drainage, hydrology, storm water facilities and shoring systems used for the protection of adjoining properties. Jan.9,2017 Planning Commission 110 E. Main Street Los Gatos CA 95030 RE: 401-409 Alberto Way project Dear Commissioners, As I read through the letter (Jan.3, 2018} written by the lawyers representing the developers for the Alberto Way project, the following questions emerge: Wiii there be room for an EMR vehicle to tum and navigate safely on a densely packed street due to the elimination of eight public parking spaces? Wll I there be specific spaces for residents in surface parking on the project considering the overflow from the restaurant, medical office, motel, and yet unknown number of nighttime workers? According to the definition of Class A bulldlngs included In the letter, food courts, cafes, and coff-shops could be part of the amenities offered. Why would an office worker consistently take time off a small lunch break to get on a 45 min round trip shuttle to ·seek servi~es already provided.? What is the number of employees using the building? Wiii they be doing spllt shifts? If so, wlll they be required to park down below grade to make room for residents and overflow restaurant parking? Wh•t is square footage for a building that could approprlately house the cars for that building on a one level garage? This is KEY and has not been answered! If the main objective according to the letter is to provide a Class A building, la the developer aware that 475 • 485 Alberto Oaks is doing well with class A 28,000 sq. foot floor plates? The size of the floor plate Is not part of the definition of Class A bullding. During the proposed three day festival events that the proposed development will be providing free shuttle service, wll8 ~he developer be opening up his entire parking structure to the public so as not to overburden the available street parking for residents? Since there is no way to predict how long it will take for the groundwater to equalize and soil settlement to occur, why wouldn't It be reasonable to monitor the excavation area during and post construction at least a year or two considering the davelapara' own engineers called tha possibility of cracking pipes at low risk but would not say NO RISK ? Thank you for considering these questions. Some of th•• have been asked of the developer in the past but have not been answered. Sincerely, Marllyn Basham Resident of Los Gatos Common Busiiiess owner since 1982 This Page Intentionally Left Blank