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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 ? BN 31S26330v2 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; BN 31526330v2 • 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 BN 31526330v2 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 . BN 31526330v2 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 BN 31526330v2 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 (( .. --''· "'~· \ ./\ \;::::x.:... __ ... 2 ___ -----·-,,.,. m ... *"."' .. ' ' ( ./ B)' · ..... ._ -·-.. ~~ AG:sl cc (via email): Randy Lamb Shane Arters Jolie Houston Gary Black Ollie Zhou Dan Mitchell Dan Kirby BN 31526330v2 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: SUBJECT TO ATTORNEY DIRECTION -ATTORNEY WORK PRODUCT This Page Intentionally Left Blank 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 ~· /'i ......... , --·:r-t';l { --.. \ .. _.;o ; ~-)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 This Page Intentionally Left Blank 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