401-409 Alberto Wy- Addendum B and Exhibits 17-20
PREPARED BY: JENNIFER ARMER
Associate 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: 12/13/2017
ITEM NO: 5
ADDENDUM B
DATE: DECEMBER 12, 2017
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:
In response to a request from the applicant, staff is recommending the following modification
(additional text is shown in underline font) to condition of approval 7:
7. VIEW GLASS: View glass, or a comparable product, shall be used in all second floor
windows on the northern facing façade.
The applicant has provided an additional letter in response to public comments on the
proposed project, attached as Exhibit 17.
The applicant’s geotechnical consultant, ENGEO, has provided additional information regarding
dewatering concerns, attached as Exhibit 18.
The Town’s geotechnical consultant, Amec Foster Wheeler, has also provided additional
information regarding dewatering concerns, attached as Exhibit 19.
Exhibit 20 includes additional public comment received between 11:01 a.m. Friday, December
8, 2017 and 11:00 a.m. Tuesday, December 12, 2017.
PAGE 2 OF 2
SUBJECT: 401-409 ALBERTO WAY PROJECT/S-15-056, U-15-009 AND EIR-16-001
DECEMBER 12, 2017
N:\DEV\PC REPORTS\2017\AlbertoWay401-409 12.13.17 remand ADD-B.docx 12/12/2017 11:34 AM
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 (11 pages)
7. Excerpt of Town Council meeting Minutes from October 3, 2017 (three pages)
8. Town Council Resolution 2017-056 (three pages)
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)
Received with this 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
Distribution:
Shane Arters, LP Acquisitions, LLC, 535 Middlefield Road, Ste. 190, Menlo Park, CA 94025
Buch alter
December 11, 201 7
VIA E-MAIL {JARMER@LOSGATOSCA.GOV) & FEDEX
Ms. Jennifer Armer
Town of Los Gatos
Community Development Department
110 E. Main Street
Los Gatos, CA 95031
Phone: (408) 354-6872
Email: janner@losgatosca.gov
55 Second Street
Suite 1700
San Francisco, CA 94105
415.227.0900 Phone
4 15.227.0770 Fax
File Num ber: L4342-0002
415.227.3508 Direct
aguerra@buchalter.com
Re: Planning Commission Public Hearing of December 13, 2017 -Supplemental Responses
401-409 Alberto Way
Architecture and Site Application S-15-056
Conditional Use Permit Application U-15-009
APN 529-23-018
As you know, Buchalter represents LP Acquisitions, the developer of the project located
at 401-409 Alberto Way in Los Gatos. I have reviewed the December 13, 2017 Town of Los
Gatos Staff Report (the "December 13th Staff Report") regarding the Architecture and Site
Application S-15-056, Conditional Use Pennit Application U-15-009, and Env ironmental Impact
Report EIR-16-001 for the 401-409 Alberto Way Project (the "Project") on behalf of m y client
and offer the following comments for the Planning Commission's consideration.
The December 13th Staff Report includes several comment letters that the Town received
after the Town distributed the October 3, 2017 Town Council meeting Staff Report, as well as
several comment letters on the revised design submitted in response to the Town Council's prior
determination to remand the application to the Planning Commission. Most of the comments are
the same coniments that the commenters submitted in August 2016, March 2017, September
2017 and October 2017. The purpose of this letter is to respond only to comments regarding the
Project in the "Alberto Way Citizens Petition Request for Changes to November 2017 Project1"
that present new items related to the Third Redesign of the Project.
1 This petition also was referred to as the "Los Gatos Citizens Oppo to Proposed Dev't 401-409 Alberto Report"
dated December 6, 2017
EXHIBbT 1 ?
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buchalter.com
Los Angel es
Napa Vall ey
Orange Co unty
Sac ramento
San Francisco
Scottsdale
Buchalter
Ms. Jennifer Anner
December 11, 2017
Page2
The comment letters continue to raise the same basic comments about the Project, which
we have preYiously addressed, and demonstrated that the Project would not result in significant
environmental impacts. This letter responds to the latest comments from the commenters
concerning:
• further requests for design changes to the revised alternative; and
• a request for a new traffic study based upon purported changes in NETFLIX and
Apple's office square footages .
All comments regarding dewatering the subsurface parking garaged were addressed in
our prior response letters. Additionally, ENGEO will submit under separate cover a written
response regarding comments from the public requesting that the Town apply the City of Palo
Alto's dewatering guidelines to the Alberto Way Project.
Request for Revisions to Third Redesign
Several commenters requested design changes to the Third Redesign because they feel
that the Project is still too big. Accordingly, they request that the total size of the building be
reduced to below 56,000 square feet with a one-story garage in lieu of two stories. As part of the
revised design, the comm enters request that the portion of the building to the south of the central
entrance at 2 stories be replaced with the portion to the north of the central entrance at one story.
The commenters also requested the following minor design and project revisions:
• No large trees should be allmYed that would block the public Yiews from any
portion at 4.75 height along the west side of the sidewalk on Alberto Way;
• Obtain Caltrans permission to top the trees behind the northern end of the
building;
• Keep current base elevation as proposed in the Second Redesign in order to lower
the roof line;
• Do not allow north facing windows on the second floor if approved for the
northern portion of the building;
• Conduct new borings between January 1-March 31 ~ 2018;
• Restrict parking to either surface only or 1 underground level;
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• Straighten out Alberto \Vay to eliminate the curve on the east side of the property;
• Do not remove on-street parking or allow on:-site surface parking for the residents;
• Operate shuttle at any time the occupancy of the project exceeds 31,000 sf;
• Provide another exit for Alberto Way residents and the Project employees from
behind 475-485 parking lot to Pine;
Buchalter
Ms. Jennifer Armer
December 11, 201 7
Page3
• Demolition approval should be contingent upon Los Gatos Boulevard widening,
and Caltrans approval for Hwys 9 and 17 intersections and Highway 17 widening
and a right twn directly onto Project site from Westbound Highway 9;
• lighted and striped crosswalks;
• speed humps along Alberto Way; and
• enforcement of permit parking for residents.
The boards of the Pueblo de Los Gatos, The Commons and Las Casitas HOAs requested
similar changes to the Project to further reduce the size of the Project. These changes were
focused on:
• a further reduction in the size of the building to less than 62,000 square feet;
• Surface parking or no more than one level of subsurface parking; and
• Protection of the existing public views along the north corridor of the site.
Regarding the EIR's analysis of alternatives, the EIR evaluated three alternatives to the
Proposed Project as we stated in prior correspondence. My client's further revisions to the
Project reflected in the Third Redesign were designed to reduce the size of the Project from
83,000 square feet to 74,260 square feet to respond to the Town Council's direction from its
October 2017 meeting. The Project has been further reduced to be less than the 92,800 square
foot project evaluated in the EIR, and less than the 83,000 square foot alternative presented to the
Town Council. The Third Redesign meets the 74,260 square foot Reduced Scale Alternative
included in the Draft EIR, and it is the Environmentally Superior Alternative according to the
Town's EIR.
Further reductions in the size of the building to 56,000 square feet or less than 62,000
square feet as requested by the commenters are not warranted and are not feasible. Public
Resources Code Section 21061.1 defines "feasible" as "capable of being accomplished in a
successful manner within a reasonable period of time, taking into account economic,
environmental, social, and technological factors." As we previously stated, the factors that may
be taken into account when addressing the feasibility of on-site alternatives include site
suitability, economic viability, availability of infrastructure, general plan consistency, other plans
or regulatory limitations, and jurisdictional boundaries. Reducing the building by another 10,000
square feet or more would not significantly reduce the less-than-significant impacts of the
74,260-foot building because the Third Redesign already reduces the impacts to the residents
along the northern property boundary and provides extensive landscape screening.
The revised Project at 74,260 square feet with the reduction in the footprint in the
subsurface parking garage is feasible, as explained in my client's November 7th Letter. As LP
Acquisitions indicated on numerous occasions, a key project objective is to build a Class A
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Buchalter
Ms. Jennifer Armer
December 11, 2017
Page4
office building in the Los Gatos market. My client has outlined the specific factors that are
critical to the development of a Class A office building in this market sector in prior letters . An
even smaller office building surrounded by more surface parking in order to compensate for the
loss of a floor of underground parking would mean that the building developer would be unable
to provide secured parking for its tenants, and LP Acquisitions would be unable to accommodate
the types of building amenities and features that are included in a Class A office building
because the cost per square foot would substantially increase to accommodate the requested
revisions.
Reasons that Other Requested Minor Project Changes are Infeasible
• Comment: No large trees should be allowed that would block the public views
from any portion at 4. 7 5 height along the west side of the sidewalk on Alberto
Way~ Response: The Town Council requested larger street trees at the project 's
frontage along Alberto Way. This comment is inconsistent with other public
comments requesting the larger street trees.
• Comment: Obtain Caltrans permission to top the trees behind the northern end
of the building. Response: Obtaining Cal trans permission to "top " trees is
likely infeasible, as "topping " mature trees often advers ely affects the health of
the trees and is discouraged by arborists. Ca/Trans likely would not agree to this
measure solely to preserve views of the hills for area residents. Moreover, if the
project were not to occur, these trees would not be touched as this is an e:Xisting
condition.
• Comment: Keep current base elevation as proposed in the Second Redesign in
order to lower the roof line. Response: The roofline in th e third redesign is the
exact same height as in the second redesign; it has not been raised in the third
redesign.
• Comment: Do not allow north facing windows on the second floor if approYed
for the northern portion of the building. Response: All three designs have
included exterior windows at the second floor of the north facing fa9ade; this is
necessary from a leasing standpoint. The north facing fa9ade is now 56 f eet away
from the northern property line; it was shifted an additional 30 feet away from the
northern property line in the Third Redesign. The existing 30 ' Olive Trees located
along the property boundary as well as the proposed Evergreen Trees provided
by the Applicant will screen the second floor windows from the neighbors.
• Comment: Conduct new borings between January 1-March 31, 2018.
Response: See the EN GEO letters r egarding the water table .
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Buchalter
Ms. Jennifer Armer
December 11, 2017
Page 5
• Comment: Restrict parking to either surface only or 1 underground level.
Response: Please see our prior responses addressing the infeasibility of surface
only or one level of underground parking.
• Comment: Straighten out Alberto Way to eliminate the curve on the east side of
the property. Response: The proposed straightening and widening of Alberto
Way (including the addition of a bike lane and dedicated right and left turn lanes
at Highway 9) has been achieved through the Applicant's willingness to deed a
portion of the Applicant's property to the Town for this purpose. Any additional
straightening and/or widening of Alberto Way is not feasible as part of this
project, as other properties would be affected.
• Comment: Operate shuttle at any time the occupancy of the project exceeds
31,000 sf. Response: Please see information included in the project application
regarding the availability of the shuttle
• Comment: Provide another exit for Alberto Way residents and the Project
employees from behind 475-485 parking lot to Pine. Response: Sufficient
circulation and access has been designed to accommodate Project traffic.
• Comment: Demolition approval should be contingent upon Los Gatos Boulevard
widening, and Caltrans approval for Highways 9 and 17 intersections and
Highway 17 widening and a right tum directly onto Project site from Westbound
Highway 9. Response: Please see prior responses regarding the status of
Ca/trans improvements to Highways 9 and 17 that are designed to address
regional background and cumulative traffic independent of the Alberto Way
Project.
• Comment: Provide lighted and striped crosswalks and speed humps along
Alberto Way. Response: The roadway improvements will be designed to meet
Town standards.
NETFLIX and Apple Office Square Footages
Mr. Burke indicated in his latest comments that he believes that NETFLIX allots 60
square feet per employee in its new Los Gatos buildings, and Apple plans to house 900
employees in an 80,000 square foot office building in Fremont. Mr. Burke cites to no evidence
to support his statement about employee densities at N etflix or Apple. By contrast, Hexagon
based its trip generation estimates on an industry-standard source (ITE Manual) in accordance
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Buchalter
Ms. Jennifer Armer
December 11, 2017
Page6
with the Town's standards based on information regarding approved development projects
available at the time that the TO\vn released the Notice of Preparation for the EIR in accordance
with CEQA. During the public re\·iew process and following comments offered at the project's
public hearings, Hexagon confirmed and validated the rates with a trip generation count at
~etflix in Los Gatos. Hexagon's estimates and report were peer re\iewed and accepted by
TJIC!'v1 (Tm\n's traffic consultant) and Town stafl: Accordingly, the analysis conducted by
Hexagon provides substantial e\'idence in support of the assumptions and methodology relied
upon in support of the Project traffic analysis.
Conclusion
The Third Redesign is consistent \vith the Town's Commercial Uesign Guidelines and
preserves the small to"Wn character of Los Gatos. Substantial evidence demonstrates that the
Project's environmental impacts \\ill be fully mitigated to a less-than-significant level.
We appreciate your consideration of our responses and look forward to the Planning
Commission's consideration of the Alberto Way Project on Wednesday.
Sincerely,
BC"CHALTER
A Professional Corporation
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cc (via email): Randy Lamb
Shane Arters
Jolie Houston
Gary Black
Ollie Zhou
Dan Mitchell
Dan Kirby
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Gregory Cubbon, CEG, PE
Robert H. Boeche, CEG
l!ri Eliahu
Alicia Guerra
Expect Excel/enc •. ------~~
GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
December 12, 2017
Ms. Alicia Guerra
Buchalter Nemer
55 Second Street, Suite 1700
San Francisco, CA 94105
Subject: 401 -409 Alberto Way
Los Gatos, California
DECEMBER SUPPLEMENTAL RESPONSE
Dear Ms. Guerra:
Project No .
12175.000.000
At your request, we prepared this supplemental response letter for your project at 401-409 Alberto
Way in Los Gatos, California . Specifically, we are responding to comments that the subject project
should incorporate construction dewatering guidelines that have recently been implemented for
the City of Palo Alto.
The City of Palo Alto recently adopted revised Guidelines for Dewatering During Basement or
Below Ground Garage Construction as outlined in a memorandum of the same name in
May 2017. Pertinent geotechnical items outlined in the document include the followi ng:
• Prior to construction, perform pump testing to verify pump rates and determine anticipated
drawdown levels of groundwater and radius of influence of dewatering wells .
• During construction, observe groundwater levels in monitoring wells and compare
groundwater drawdown to that from pump testing.
Given the distance of the proposed basement level to neighboring properties and the minimal
amount of dewatering required to construct the basement, we anticipate that the radius of
influence of dewatering wells will have negligible impact on offsite groundwater levels.
Furthermore, as discussed in Refe rences 3, 4 and 5, site soils generally consist of medium dense
to very dense clayey gravels. The risk of settlement in these soil deposits as a result of temporary
dewatering is low. Soils of concern for dewatering are generally soft compressible clays, which
are not present at the site.
Based on our experience with dewatering projects in the San Francisco Bay Area, a
preconstruction survey to establish baseline surface elevations prior to the start of dewatering,
periodic surveying of the baseline surface points during construction, and installation and
monitoring of groundwater wells during construction are typical measures employed to assess the
potential for dewatering-related distress to offsite properties. Due to site conditions and our
experience on similar projects, performing pump tests prior to construction is not necessary.
SUBJECT TO ATTORNEY DIRECTION -ATTORNEY WORK PRODUCT
6399 San Ignacio Avenue, Suite 150 .. San Jose, CA 95119 • (408) 574-4900" Fax (888) 279-2698
www.engeo.com
EXHIBIT 0 ...
Buchalter Nemer
401-409 Alberto Way, Los Gatos
DECEMBER SUPPLEMENTAL RESPONSE
12175.000.000
Dece_mber 12, 2017
Page2
If you have any questions regarding the contents of this letter, please do not hesitate to contact
us.
Sincerely
ENGEO Incorporated
~~
Attachment:
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SELECTEC REFEREMC~S
1. AMEC; Peer Review -Geotechnical Exploration Report; 401 Alberto Way, Los Gatos,
California; November 4, 2015. AMEC Project No. 0084491960.
2. AMEC Foster Wheeler; Geotechnical Peer Review; 401-409 Alberto Way, Los Gatos,
California; May 8, 2017. AMEC Project No. 084491960.
3 . ENGEO; Geotechnical Exploration ; 401 A l berto Way, Los Gatos, California ; July 17, 2015
(Revised August 13, 2015). ENGEO Project No. 12175.000.000.
4. ENGEO; Response to AMEC Foster Wheeler Peer Review Comments ; 401 Alberto Way, Los
Gatos, California; January 11, 2016. ENGEO Project No. 12175.000 .000.
5. ENGEO ; Supplemental Response to Public Comments; 40 1-409 Alberto Way, Los Gatos,
California; April 19, 2017. ENGEO Project No. 12175.000.000.
6 . ENGEO; Second Supplemental Response to Public Comments; 401-409 Alberto Way, Los
Gatos, California; December 11 , 2017. ENGEO Project No . 12175.000.000.
7 . ENGEO; November Supplemental Response; 401-409 Alberto Way, Los Gatos, California;
November 2, 2017. ENGEO Project No . 12175.000.000 .
8. ENGEO; November 5tr. Supplemental Response; 401-409 Alberto Way, Los Gatos, California;
November 6, 2017. ENGEO Project No. 12175.000.000.
SUB.JECT TO An·oRNEY DIRECTION -ATTORNEY WORK P RODUCT
12175 .000.000
December 12, 201"1
December 12, 2017
0084491960
Mr. Mike Weisz, PE
Associate Engineer
Town of Los Gatos
41 Miles Avenue
Los Gatos , CA 95030
Subject:
References:
Geotechnical Peer Review
401-409 Alberto Way
Los Gatos, California
amec
foster
wheeler
1. Letter titled "405 Alberto Way, Architecture and Site Application S-15-056, Condition Use
Permit Application U-15-009, APN 529-23-018", by LP Acquisitions Real Estate
Development, dated November 17, 2017;
2. Letter titled "Alberto Way Citizens Petition Request for Changes to Lamb Partner's
November 17, 405 Alberto Way Design", attachment to email from Bob Burke, dated
December6,2017;and
3. Letter titled "401-409 Alberto Way , December Supplemental Response", by Engeo,
dated December 12, 2017
Dear Mr. Weisz:
At your request, Amee Foster Wheeler Environment and Infrastructure Inc. (Amee Foster
Wheeler) has reviewed the references above pertaining to the proposed construction of a new
office development at 401-409 Alberto Way, Los Gatos, California . Our review pertains to the
geotechnical/geologic components of the proposed project.
Amee Foster Wheeler is familiar with the project because we previously performed a
geologic/geotechnical peer review of the following document submitted for this project:
• Engeo; Geotechnical Exploration, 401 Alberto Way, Los Gatos, California, dated
July 17, 2015.
Our comments related to this (July 17, 2015) document were summarized in a letter to you
dated December 4 , 2015. We also provided a supplemental review letter in response to
comments from the public in advance of the May 10, 2017 Planning Commission Meeting. In
addition to the references, we have reviewed other pertinent reports and maps. Representatives
of Amee Foster Wheeler attended Planning Commission meetings on May 10, 2017, and
September 19, 2017 as well as the October 4, 2017 Town Council meeting.
Amee Foster Wheeler En vironment & Infrastructure. Inc.
180 Grand Avenue , Sui te 1100
Oakland , California 94612-3066
USA
Tel {510) 663-4100
Fax (510) 663-4141
amecfw.com EXHIBIT 1 9
Mr. Mike Weisz, PE
Town of Los Gatos
December 12, 2017
Page 2
We understand that there continues to be concern related to the elevation of groundwater, and
the corresponding impacts to the proposed development and nearby properties during the
construction and lifespan of the proposed below grade parking areas. We again note that there
are many examples of concrete structures throughout the Bay Area that have been constructed
below the elevation of the groundwater. Engineering controls and construction techniques
specific to those conditions are available and presumably will be incorporated for this project.
Engeo identifies some possible controls in their December 12, 2017 letter.
Based on our review of the revised d rawings (November 17, 2017), it appears that the project
has not progressed to the point of having detailed analysis and design for a specific shoring
and/or dewatering scheme. It is not unusual for these elements to be addressed after project
approval. If the project is approved , we understand the Town expects to review and approve this
information prior to issuance of a grading permit. The information expected to be reviewed by
the Town at that time would likely include:
1 . Shoring system :
a. Type of system ;
b. Geotechnical calculations for lateral support, including surcharge loads,
and estimated tip elevations;
c . Structural calculations for strength and performance of system
members;
d . Requirements for monitoring during installation and for the duration of
excavation support; and
e . Criteria and corresponding actions in the event of unplanned
deformation .
2. Dewatering system :
a . Type of system;
b. Estimates of groundwater drawdown, cone of influence, and
groundwater volume generated ;
c. Need for treatment of discharge;
d . Requirements for monitoring during operation , and for the duration of
dewatering activities; and
e. Criteria and corresponding actions in the event of unplanned
performance problems.
It has been our experience that these items are fairly typical for a commercial development of
this size involving a deep excavation that extends into the groundwater.
Amee Foster Wheeler
Mr. Mike Weisz, PE
Town of Los Gatos
December 12, 2017
Page 3
Please feel free to contact us should you have questions or require additional information.
Sincerely,
Amee Foster Wheeler Environment & Infrastructure, Inc.
~?a~;/;::{~
Principal Engineering Geologist
Direct Tel.: (510) 663-4187
E-mail : bob.wright@amecfw.com
rtiw/cjc/ldu
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; ~-)r·;,...'\.<<:.I' .. ~'('r;..--\ , _ _..__ J...._ __ .,..
Christopher J: .. ~outu, PE, GE
Principal Engineer
Direct Tel.: (510) 663-4156
E-mail: chris .coutu@amecfw.com
x:"8000s\8449.000\8449.196_alberto way\8449.19B_poer review ltr_alberto way_ 121217.docx
Amee Foster Wheeler
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Jennifer Armer
From:
Sent:
To :
Cc:
Lee Quintana <leeandpaul@earthlink.net>
Monday, December 11, 20171:08 AM
Jennifer Armer
Joel Paulson
S ubject
Attachments:
405 Al berto Way Agenda Item #5PC12/5/17
pastedGraphic.pdf
From : Lee Quintana
Sent: December 11, 2017
To: Jennifer Armer
Subject: 405 Alberto Way S-15-056, U-15-09
Planning Commission Agenda Item 5December12, 2017
While I will not be able to attend the meeting I would like to submit the following comments for the Planning
Commission's consideration :
1. Conditions of Approval #10 and #11:
• #10 Open Space Access states ''The open space shown in the development plans shall be made available
for use by the public."
• #11 Surface Parking Access states "The surface parking spaces shown in the the development plans shall
be made available for use by the public outside of the stated normal business hours of 7 AM to ":Pm,
Monday through Friday."
Please consider changing these conditions to specifically require a public access easement for public access
to the open space and for the public access to surface parking after normal business hours.
2. Conditions for dewatering:
• If the Planning Commission action is to approve this project piease consider adding specific conditions for
temporary construction-related dewatering to the Alberto Way Conditions of Approval to protect nearby
properties, including adjacent Town streets and infrastructure within the street right of way.
• Both the Draft EIR and the Town's geotechnical consultant state that adequate mitigation is contained in
the geotechnical recommendations. However, the issue of dewatering is clearly a concern of nearby
neighbors and the language in the DEIR and the technical recommendations does not appear to
adequately communicate how the potential impacts of dewatering during construction will be monitored
and what measures will be Implemented to prevent the potential impacts.
• Plea se consider reassuring the public by adding conditions to the Conditions of Approval t hat are clear
and specific address dewatering mitigation conditions .
•
• Please find at the end of this e-mail Palo Alto's requirements for temporary construction-related
dewatering .
3. The statement on page 2 of the Staff Report under Action, is inconsistent with t he Council Reso lution 2017-056 under
Now, Where as #2. Staff report indicates an appeal of the Planning Comm issions action may be appealed, However the
Resolu tion states that t he Pl anning Commissions action will be the final administrative action for this application.
EXHIBIT 2 0
Thank you for your consideration.
Lee Quintana
16.28.155 Additional requirements for temporary construction-related dewatering.
(a) In addition to applicable requirements in this Chapter 16.28, where temporary construction-related dewatering will be
required, applicants also shall:
(1) Submit a dewatering geotechnical study conforming to regulations issued by the City Engineer, adhere to its findings,
and make modifications as directed by the City Engineer. ·
(2) Install and maintain at least one fill station meeting standards established by the City Engineer.
(3) With the consent of neighboring property owners, water trees and other vegetation on adjacent properties.
( 4) Verify the anticipated drawdown curve in the dewatering geotechnical study with a pump test performed on monitoring
wells installed on the project site, as specified by the City Engineer.
(5) Prior to pumping, survey and mark elevations on structures on adjacent parcels .
(6) Submit periodic measurements and reports as required by the City Engineer.
(7) Continuously compiy with all pennit conditions, performance measures, regulations and requirements established by the
City Engineer. Promptly implement corrective actions identified by the City to address ~y compliance issues.
(b) Prior to pouring a basement slab, groundwater may be pumped M deeper than three feet below the depth of the slab,
measured at the center. After the slab is poured, groundwater may be pumped no deeper than one foot below the center.
( c) Dewatering may not be conducted before April 1 or after October 31. Pumping permits for single family residential
basements are limited to ten weeks, with an additional two week start-up period. At the end of the start-up period, the applicant
must demonstrate compliance with all performance and water quality standards established by the City Engineer. The City
Engineer may adopt a regulation specifying time limitations for commercial property pumping.
( d) The City Engineer is authorized to establish and from time to time revise regulations to implement this section and
advance the goals of minimizing temporary construction-related dewatering and reducing its impacts.
( e) Where pumping is continuously limited to no more than thirty gallons per minute, the City Engineer is authorized to
waive requirements for a geotechnical study, verification procedures and pump time limitations.
(Ord. 5410 § 5, 2017)
0
';;
PALO
ALTO
o.vll!W
GUidelinn for Dewaterlng During ea.m~t
Or Below Ground. Gafag9 Construction
May2017
Ott r.tit1.11ry .i.;zoi&. falO Aho Cl.ty~I ~ .... ,.~:~to minimize the PIJl'ftM
e.Mdlsdltrae of JRJ~~tetfrol11 f,MSe._nt (ot befDw ll'Ot.1r!d ••.-.t clewaterin• durq col\Struct-.
P-umsli•of P'Oundwater after the tilr1lpfetlon ofbilsl!menlconstruction has not beeft permitted for fNei a:
~-in recent~. l:Dflctins 6-COl'.!Sll'llCtfon i:lnAlWfnl may llJ'•~.fl&W•t$'~ ~tlallVd~M
ltiUciUres, tc91$•ncl~, illrid &ilplelfftlor ...... "'-&;w!dtnMlftdwater, hll1UriSIM. 1"11tfM .
Ps\OAka sdciedne_w~· ·
PtlblltWofks.only iilloWs di'8w&wmwell dMltrinJOf ~undwatei': op.n S>lt dewateriniof ,,O~
ls-dlsa¥ewed. ~--~rlna & aliGwed for~ tMt m11¥•.c.um-i11* •·the 4ottom of •n
~n, if W!ltttiPdit\,.timlts:-.i:t met Clrou~r ~nitts-an1¥..nowecHnamAprll 1 ttlr:oush
Oc:ioblir 11 du• ta lmdequat. ~lrrthe · Oty'Ht..,m,draliuystmmo Open pit dewliterln,g of ralnwmter
ls~tt11m11hQut.fhe ,,..,,, b~t'IJUllmeet wetl!rq~ t\!QUi~nts.
~ ~sslngtbe~Jllts Qf .~~dnlrecula~ from.ttie 701~ <.onstructtol)Seaso~, thee City
CDundl ~..,..~ts tznht ~al**Ythat hwtiiten cdfffln PaloAtto
Murildpal Codt arid .Ofitto effllttM!IW •.2011. Thie1017 afthli~ lftdude ~ flll station
~Ml!. ens~·w~ru.ot~ne~·~,,IN>l\ltoringJldllal.P>tt~
elriation dllnges, dlrtrytna niPDrilnl, atwd enblinc~ the ffYd~I Sttldy, wt"'9 addlnc .n.
amnptlontothe 5'ltdy If pou..-...pumplnlcanbellmhed to 3D:pn orlessust111~ues• as
cal:_ .... -~ .· ..
~enti.llltes ant now only-al~ tq dew••fw• to.week time perii:!tf 1'lth.1 2-welk st.lrtup period.
~·u,eend of thll·~e!l ~up piitio:ct, compllaJU WI¢. •11 ~ s~afld water qlilflty
Sf.indli'dS shtll .Ott d.utonstt1ted. In ldl:litron, gr:oi.ihdWafer ~n o.ntv lit& purri~d up tG a m1ldmum of 3 feet
~~hl'bln~nt•b'Pfnt•r~·U..~qWll!ltfSr.tup;peril!'!l .C>ncetNJ:-.bllPour~;the'deP'h
t0thece~t~i:ifti.-•·sti.11 .b.1 fdll!li; ·
A ~.I report "1Ust bes~ far ~e sttl {¥flarate ~"' ~ Geotectwlicatsti;dv described
belOwJ. and must Hsltheblgt.est .. ,.~~ievet; PilblcW~ recomlMl'ldsa:plezomtWID
.,.._.lfe!l 1!' the'dbal'lns. The CD1,"11ctotmust dalafmlne t.tllJ~-.. ~-lnln'l-ttty prtor
-~"byusqlhf~or.bvdrllhin~r11-fthedeepest~Wi#lle
Wftftln 3-feet ofthe· heftestantidpid9d lfOUndwiter IM!f. lfJR>U~ Is found to b&illfithltt 2 fHt ofttie
deepest ~ •. ii drawdownweih•ater'iftl ~or c~ff wal nwst be t~altl.d~ ~. alte.matillllly;
the t:Ql'itrlctor C81'1 Qcav8te font"~ without.a dewaterfns ¥tefit lo ~e and hope not to hit
JrOU~.
~...-.. 1,1rcumdwat-1s -hlt.ttie~ctormust~•lv1tOPl!ftworkandmustmeeta1IDfthe
follaWfnc ~qul~ltts-prior to re5vmlrlg wbrk.
Jennifer Armer
From: Scott Eschen [mailto:scott@seacoastpartners.us]
Sent: Monday, December 11, 2017 6:59 PM
To: Jennifer Armer <JArmer@losgatosca.gov>
Cc : Eschen Scott <scott@seacoastpartners.us>
Subject: Re: 401-409 Alberto Way-Revised Plans -Tentative PC Date 12/13/17
Dear Appointed Planning Commission Members of Los Gatos:
I live on Belmont Ave i n downtown Los Gatos and am entrepreneur and small business owner. After much analysis and
research, I have decided to whole-hearted support the 405 Alberto Way project as it is currently proposed and I implore
you to do the same . Please remember that it is your job to listen to ALL residents unbiasedly and not let a small but
vocal group of "squeaky wheel NIBMYs" dissuade you from a balanced and legally sound decision that meets the overall
stated plans and objectives of the entire town/city.
The proposed project definitely
• complies with all the publicly stated town objectives and plans,
• more that adequately meets all zoning requirements,
• replaces an eye-sore of a building with an attractive & sensitively designed modern yet traditional one,
• offers way more than the state-required traffic mitigation measures -including the CAT free shuttle service,
• will provide relief to a huge pent-up demand for true Class A office needs, and
• will provide lots of revenue to the town's general fund and thus even more public benefits
Please do not let this turn into yet another legal battle like the North-40 project that the town will ultimately lose after
spending & wasting $100,000's of residents' taxpayer monies that could otherwise be directed to public benefits for
which you will receive much praise instead of frustrated criticism from residents.
Please kindly confirm timely receipt of my urgent email herein.
Very truly yours,
Scott Eschen
Seacoast Partners LLC
408-482-7474 Office
866-202-3098 Fax