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Item 05 - 401-409 Alberto Wy - Staff ReportTOWN OF LOS GATOS ITEM NO: s PLANNING COMMISSION STAFF REPORT Meeting Date: June 8, 2016 PREPARED BY: APPLICATION NO : SUBJECT: LOCATION : Jennifer Armer, Associate Planner jarmer @ losgatosca.gov Architecture and Site Application S-15-056 Conditional Use Permit Application U-15-009 Draft Environmental Impact Report (DEIR) for 401-409 Alberto Way The 2.15-acre site is on the northwest comer of Los Gatos-Saratoga Road and Alberto Way. The westerly rear of the site is bordered by a wooded strip of land and the on-ramp to northbound State Route . .J 7. Access to the project site is provided on Alberto Way. APN 529-23- 018. PROJECT SUMMARY: Requesting approval to demolish three existing office buildings and construct two new, two-story office buildings with underground parking on property zoned CH. RECOMMENDATION: Open and hold a public hearing to allow the public to provide verbal comments on the DEIR. EXHIBITS: Received under a separate cover 1. DEIR Note that the complete DEIR is also available online at: http://www.losgatosca.gov/401-409A lbert oWay. PURPOSE OF HEARING: As required by CEQA, this public hearing is being held during the 45-day public review period for DEIR for the proposed project which includes the demolition of three existing office buildings and construction of two new , two-story office buildings with underground parking on property zoned CH. The Notice of Availability for review of the DEIR was released on April 29, 2016, with the 45-day public review period ending on June 13 ,2016 . This public hearing is an opportunity for members of the public to provide verbal comments on the completeness and adequacy of the DEIR. Written comments will be accepted until the close of the public review period that ends at 5:00p.m. on June 13, 2016. Planning Commission Staff Report -Page 2 401-409 Alberto Way Draft Environmental Impact Report June 8, 2016 The DEIR is an informational document that informs the public and the Town's decision-makers of significant physical environmental impacts related to the proposed project. The DEIR also identifies ways to minimize the significant impacts to a less than significant level through implementation of mitigation measures. The DEIR is one piece of information that will be considered by the decision-makers in their review of the proposed project. The findings within the DEIR do not mandate a particular decision on the proposed project nor does it act as a recommendation for the proposed project. The proposed project may ultimately be approved, even if the DEIR discloses significant unavoidable impacts. Similarly, a project may be denied even if the DEIR found that there are no significant impacts. A decision on the proposed project will be made based on the merits of the project and the total record of which the DEIR is one part. This public hearing is not intended for consideration of the proposed project or for the actual certification of the DEIR. The Planning Commission may not act on the merits of the proposed project until the Final Environmental Impact Report (FEIR) has been prepared. This public hearing is intended solely to allow the public an opportunity to provide verbal comments on the D EIR. The Town's Environmental Consultant will not be attending this meeting, but will be present at subsequent Planning Commission hearing(s) when the project is considered. Staff will not be responding to comments on the DEIR received during the public hearing. Comments will be addressed in the FEIR . NEXT STEPS: Following the public hearing on June 8, 2016, and the close of the 45-day public review period on June 13 ,20 16 , staff and the Town 's Environmental Consultant will respond to all written comments and to the testimony received at this Planning Commission public hearing. Responses to the comments will be provided in the FEIR, which will include any revisions to the DEIR necessitated by the comments that are received . A public hearing for consideration of the proposed project and FEIR has not been scheduled . The public hearing will likely be in the fall of2016. The Planning Commission is the deciding body for the proposed Architecture and Site Application and Conditional Use Permit. pproved by: Joel Paulson, AICP Pz PaffdbY: Jennffer Armer, AICP Associate Planner Community Development Director JP:JA :cg cc: Shane Arters, LP Acquisitions , LLC , 525 Middlefield Road, Ste. 118 , Menlo Park, CA 94025 N :\DEV\PC R EPORTS\20 16\A lbertoWay40 1-40 9-DEIR.docx