Item 01 - 15600 & 15650 LG Blvd - Staff ReportTOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: August 26, 2015
PREPARED BY: Jennifer L. Savage, Senior Planner
jsava ge@lo s ga to sc a .gov
APPLICATION NO: Planned Development Application PD-11-005
Negative Declaration ND-11-007
ITEM NO: 1
LOCATION: 15600 and 15650 Los Gatos Boulevard (northeast comer of Los
Gatos Boulevard and Los Gatos Almaden Road)
APPLICANT: BOOS Development West
CONTACT PERSON: Michael Mallard
PROPERTY OWNER: Longs Drug Stores California, LLC
APPLICATION SUMMARY: Requesting approval to change the zone from CH to CH:PD, to
demolish existing commercial buildings ( 18,052 square feet), to
construct new commercial buildings (28 ,763 square feet), and to
operate a super drugs tore (CVS) with a drive through service
window. No significant environmental impacts have bee n
identified as a result of this project and a Mitigated Negative
Declaration is recommended. APN s 424-14-028 and 036.
EXHIBITS: Previously received with the October 8, 2014 Staff Report:
1. Location Map
2. Initial Study and Mitigated Negative Declaration dated
September 2014
3. Mitigation Monitoring and Reporting Program (nine pages)
4 . Findings
5. June 9 and December 8, 2010 CDAC Minutes
6 . Response to CDAC Comments (six pages), received March
27 ,2014
7 . Letter of Justification (11 pages), received March 27,2014
8. Architectural Consultant Report (eight pages), received
January 23 ,2012
9. Architectural Consultant Report (14 pages), received June
11,2013
I 0. Architectural Consultant Report (18 pages), received
January 6 , 2014
11. Response to Architectural Recommendations (three pages),
received March 27, 2014
12. Arborist Consulta nt Report (37 pages), received January 3,
2012
13. Arborist Consultant Report ( 14 pages), received August 2 1,
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15600 and 15650 Los Gatos Boulevard/PD-11-005/ND-11-007
August 26, 2015
2013
14. Arborist Consultant Report (seven pages), received January
22 ,2014
15. Parking Analysis (101 pages), received on November 20,
2013
16. Parking Analysis Peer Review (three pages)
17. Public Comments received September 26, 2014 to October
2 , 2014, 11:00 a.m. (two pages)
18. Superseded Development Plans (18 pages), received
February 22 ,2013
19. Superseded Development Plans (16 pages), received
November 20, 2013
20. Planned Development Ordinance (28 pages) with Exhibit A
Rezone Area (one page) and Exhibit B Development Plans
(18 pages)
Previously received with October 8, 2014 Desk Item:
21. Public Comments received October 2, 2014, 11:01 a.m. to
October 8, 2014 11:00 a.m. (two pages)
Previously received with the December 10,2014 StaffReport:
2l.b. Node Concept illustration (exhibit number was duplicated)
22. Applicant's Los Gatos Boulevard Plan Compliance Letter
received on November 20, 2013 (six pages)
23. Email Summarizing Changes Based on Neighborhood
Meeting (two pages), received December 2, 2014
24. Revised Development Plans Based on Neighborhood
Meeting (four sheets), received December 2, 2014
Previously received with December 10 , 2014 Desk Item:
25. Supplemental Information Summarizing Changes Based on
Neighborhood Meeting (six pages), received December 10,
2014
26. Public Comments received December 4, 2014 to December
10,2014, 11:00a.m.
Previously received with the February 11, 2015 Staff Report:
27. Public Comments received 11 :01 a.m. December 10, 2014
to February 5, 2015, 11 :00 a.m .
Planning Commission Staff Report -Page 3
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August 26, 20 15
BACKGROUND:
Received with the April 8, 2015 Staff Report:
28. Public Comments received 11:01 a.m. February 5, 2015 to
11 :00 a .m. April 2, 2015
Received with this Staff Report:
29. 2013 Initial Study and 2013 Mitigated Negative
Declaration
30. Mitigation Monitoring and Reporting Program ( 10 pages)
3 1. Findings
32. Applicant's Design Revisions Memo (two pages), received
July 28, 20 15
33. Arborist Consultant Tree Conditi on Report (II pages),
received August 20, 2015
34. Public Comments received II :0 I a .m. April 2, 2015 to
11 :00 a.m. August 20, 2015
35. Vehicle Travel Paths (two pages), received August 2 1,
2015
36. Proposed Light Fixtures (one page), received August 2 1,
2015
37. Planned Development Ordinance (29 pages) with Exhibit A
Rezone Area (one page) and Exhibit B Development Plans
( 19 sheets)
On October 8, 2014, the Planning Commission opened and closed the public portion of the
public hearing and continued the project to December 10, 2014. The project was continued to
February 11 , 2015, April 8, 2015 , and May 27, 2015. On May 27, 2015 , the project was
continued to a date uncertain.
Since October 2014, the applicant worked to balance the site constraints, the Town requirements,
and the direction from the Planning Commission and the public . On July 9, 2015, the applicant
held a community meeting at which the applicant summarized the design changes with new
renderings and revised plans, and answered questions from residents. The revised proposal
includes locating the CVS building away from the comer, placing an open space element at the
comer, and eliminating the request for a 24-hour operation.
This report evaluates the revi sed proposal and notes where the revisions address comments from
the Planning Commission and the public. Additional background information and a nalysis is
available in previous staff reports.
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August 26, 20 15
PROJ ECT DESCRIPTION:
A. Project Summary
The app li cant is proposing to rezo ne the properties from C H to C H:PD. Thro ug h the PO
application, the applicant is propo s in g to operate a super drugstore and proposing the
fo ll owing construction :
• Demoli sh the three existin g commercial buildings ;
• Construct a 16,763-square foot co mmercial building for the su per drugstore;
• Construct a 12 ,000-s quare foot commercial building for reta il , office, or restaurant
use s ;
• Construct associated parking and la nd s caping; and
• Other site improvements.
The primary commercial structure would co nt ain CVS and wo uld be 16 ,763 s quare feet
(14 ,752 square feet o n the ground fl oor and 2 ,011 s quare feet in the mezz anine). The
proposed height varies with the architectural a rticulation. The highe st po ints are 29 feet 9
inches and the lowest points a re 24 feet and 4 inches above finished grad e. The structure
would be 65 feet six inches from the front property line (Los Gatos Boulevard), 58 feet
from the side property lin e abutting th e s treet (Los Gatos Almade n Road), and 93 feet six
inch es from the rear property lin e. A pharmacy dri ve-thru w indo w would be located at the
northeast comer of the building. A tras h enclosure would be located at the north sid e of the
building a nd the loading dock i s proposed at th e so utheast comer ofthe building.
The secondary structure would be 12 ,000 square feet. The proposed he ight vari es w ith the
ar c hitectural articu lation. The hi ghest points ar e 29 feet 9 inches and th e lowest points are
22 feet above fini shed grade. T he secondary structure would be located 13 feet s ix in ch es
from the front property line (Los Gatos Boulevard), 96 feet six in c hes from the rear
property line, a nd four feet fro m the s id e property lin e.
Ma terials for both buildings would consist of cement plas ter, stone veneer , a luminum
windows and doors , fabric awnings, a nd til e roofing . A co lor and material board wi ll be
available at the public hearing.
There are two ex is ting lo ts -one 1 02 ,282-square foot lot and one 19 ,372-square foot lo t.
The applicant is propos ing a lot line adjustment which would reconfigure the lots and
separate the two commercial buildings. The new lots would be approximatel y 78 ,076
squ ar e feet (CVS site ) a nd 43 ,548 squ ar e feet (secondary ret a il s ite).
B. Planned Development Application
The app l ication i s a reque st for a Pl a nn ed Development (PO) overlay. A PO a pp li cation i s
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August 26, 2015
required because previous Town Council direction requires development applications for
former auto dealership sites to be processed as a PD . The General Plan also encourages
projects on sites larger than 40,000 square feet to be processed as a PD .
Town Code states that the purpose of a PO is to provide for alternative uses and
developments that are more consistent with site characteristics, to create an optimum
quantity and use of open space, and to encourage good de sign . The Planning Commission
shall make a recommendation for the PO application to the Town Council, who is the final
deciding body. If the Council adopts the proposed PO ordinance (Exhibit 37), the next step
is the Development Review Committee consideration of Architecture and Site applications
for the new commercial buildings. It is possible that each Architecture and Site application
would be processed at different times.
ANALYSIS:
A. Planned Development
The Planned Development application incorporates the zone change, lot line adjustment,
and drugstore operation. The Planned Development Ordinance defines the operation of the
drugstore through the performance standards and, therefore, a separate CUP is not required.
The PD does not define the operation of a restaurant; a CUP would be required for a future
restaurant on the secondary retail site.
B. Site Des ign
The project is subject to the Town 's Commercial Design Guidelines (CDG), specifically
the Los Gatos Boulevard Commercial Guidelines (pages 41-4 7). Although the Commercial
Design Guidelines encourage buildings at comers, the primary commercial building was
moved toward the center of the site to address concerns from the Planning Commission and
the public. Other Planning Commission and public comments included direction to
consider setbacks like Whole Foods, use significant landscaping to soften the parking lot,
and to increase wall height between neighboring properties.
The revised development plans include an entry plaza with benches and shade trees at the
comer. The plans provide a differentiated pedestrian pathway with special paving from
Los Gatos Almaden Road, the entry plaza, and Los Gatos Boulevard near the bus stop, and
connecting the two commercial buildings. To provide a more pedestrian scale, the project
should provide lower, larger awnings as previously recommended by the consulting
architect (Performance Standard 6).
The revised proposal complies with the Commercial Design Guidelines and address the
Planning Commission and public comments in that:
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• The project would provide a strong landscaped setback along the street edges with
an entry plaza at the comer and varying vegetation heights along Los Gatos
Boulevard and Los Gatos Almaden Road;
• Views to the surrounding hills would be maintained;
• The applicant adapted their standard design to the unique desires of the Town of
Los Gatos;
• A 15-foot landscape buffer would be provided along the streets and include low
hedges ;
• The project provides defined building entries; and,
• Special paving would be provided at project entries and at pedestrian pathways
between the streets and building entries.
C. Views
Moving the primary commercial structure away from the comer of Los Gatos Boulevard
and Los Gatos Almaden Road maintains the current hillside views. The existing views of
the hillsides for motorists and pedestrians traveling southbound on Los Gatos Boulevard
are partially screened by trees. New and remaining trees in the median and onsite would
continue to partially screen views to the hillside.
D. Architecture
The Planned Development application was reviewed by the Town 's Consulting Architect
(Exhibits 8, 9, and 1 0). The revised project addresses comments from the Planning
Commission and the neighbors regarding architecture, and was not sent back to the
consultant. These comments were: use materials and details like the surrounding buildings,
consider the height of other buildings anywhere in Town or near the site, and install stone
up to the roof for the entry element. The applicant explains how the proposed project has
been revised in Exhibit 32.
In response to comments from the July 9, 2015 community meeting the applicant also
increased the height of the wall along the eastern property line to eight feet and added stone
to the entire building entry elements.
Based on the consultant's previous reviews , staff recommends the plans should be revised
during the Architecture and Site application process to (Performance Standard 6):
• Simplify and unify the facades along Los Gatos Boulevard (primary and secondary
structures);
• Provide larger awnings to emphasize the pedestrian scale;
• Narrow the pilasters;
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• Add landscaping along the parking lot fa9ade for the secondary retail structure (add
tree pockets, like the ones along the north side of the primary building, at the
western most and ea stern most parking edges); and,
• Decrease the space between the ground and the bottom of the awnings to create a
more inviting pedestrian environment.
E. Drive Through
Through public comments and at the July 9, 2015 community meeting, some residents
stated that they do not want a drive through service window. Other residents expressed that
they see the benefit of the drive through window. Existing drive through windows in Town
include Jack in the Box on Los Gatos Boulevard, Bank of the West on N. Santa Cruz
A venue, and Peninou Cleaners on Highway 9. Each location experiences a different
frequency of use. Neither the Town Code nor General Plan prohibits drive through service
windows.
The parking analysis (Exhibit 15) identifies the frequency of use of the drive through
service window and the queueing length. The frequency varies depending on time and day
of the week. The average number of vehicles per hour is six. Although six vehicles may
arrive at the same time, vehicles are estimated to queue for two minutes. The average
queue is estimated at two vehicles and the required queue length is 22 feet per vehicle. The
project provides a queue length of 45 feet and, therefore, meets the queue requirement.
F. Minute Clinic
The proposal includes medical services provided by nurse practitioners and physicians
assistants which the applicant calls a Minute Clinic. The Minute Clinic would encompass
approximately 200 to 400 square feet of floor space in the primary commercial building.
The Minute Clinic services consist of walk-in minor care such as flu vaccines, treatments
for ear infections and sprains, and routine lab tests. No emergency medical services are
allowed.
G. Parking and Parking Exception Request
The retail parking requirement for the subject site is one space for every 235 square feet of
retail space. Pursuant to Town Code, 122 parking spaces would be required for the total
28 ,763 square feet. The applicant is proposing 127 parking spaces. Therefore, the
proposal would meet the parking requirement. The secondary retail building could also be
used for office which requires one parking space for 250 square feet. The project would
meet parking requirements if the secondary building were used for office or a combination
of office and retail.
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The applicant is considering a restaurant in the second building as evidenced in the
applicant's letter of justification (Exhibit 7) but tenants are not yet dete rmined. The
applicant is requesting an exception for parking in the event that they are able to secure a
l 08-seat restaurant. Without the exception, a maximum of 54 seats would be permitted in a
3,600-square foot tenant space.
A Conditional Use Permit (CUP) would be required for a future I 08-seat restaurant but the
s ubject Planned Development could allow a parking exception. The applicant submitted a
parking analysis (Exhibit 15) and the Town's traffic consultant reviewed the parking
ana l ysis (Exhibit 16). The traffic consultant concurred with the parking analysis that, based
o n the Urban Land Institute shared parking methodology, the proposed number of parking
s paces (127) would meet the peak period parking demand of 123 spaces (Town Municipal
Code parking space requirement minus the shared parking reduction, refer to Exhibit 16).
If the Planning Commission supports a restaurant use in the secondary retail bui lding, staff
recommends the Commission recommend approval of the parking exception.
H. Traffic
The project would result in an increase of 2,174 average daily trip s (ADT). A Traffic
Report was prepared. A traffic impact mitigation fee and street improvements are required.
Street improvements would consist of the addition of a second left-tum lane tra ve ling
so uthbound on Los Gatos Boulevard, re-striping Peach Blossom Lane to provide separate
northbound left and right tum lanes, and re-striping on Los Gatos Almaden Road to provide
an eastbound left-tum pocket into th e property. Sheet DR-5.3 of Exhibit B of Exhibit 37
contains the conceptual off-site improvement plan. Performance standards require
additiona l upgrades and a detailed off-site improvement plan approved b y the Town
Engineer.
Two so uthbound left-tum lanes are required on Los Gatos Boulevard to s horten the green
light time for these left turns. A shorter green light time allows more time for through
movement for northbound traffic on Los Gatos Boulevard which reduces congestion. One
of the left-tum lanes trav eling southbound on Los Gatos Boulevard to Lo s Gatos A lmaden
Road would merge with vehicles traveling northbound on Los Gatos Boulevard and turning
right onto Los Gatos Almaden Road. This does not present a safety ha za rd because
northbound, right-tum traffic must yield to southbound, left-tum traffic. The applicant will
be required to maintain the existing yield s ign and add yield striping (Performance
Standard 76). Signage indicating the need to merge will also be required (Performance
Standard 76).
At the community meeting, resid ent s asked how deliver trucks and drive thro ugh customers
would travel to and from the site. The applicants provided exhibits to illustrate th e travel
paths (Exhibit 35).
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I. Bicycle Lanes
The Planning Commission identified concerns regarding bicycle traffic traveling
westbound on Los Gatos Almaden Road. The current bicycle lane along Los Gatos
Almaden Road terminates before the Los Gatos Almaden Road and Los Gatos Boulevard
intersection. In addition, signage directs bicycles to the bike route at Cherry Blossom
Lane.
The project would maintain the bike lane on Los Gatos Almaden Road as it currently
exists. Along Los Gatos Boulevard, the applicant is required, as part of Performance
Standard 76, to maintain the bike lane. Bicyclists traveling westbound on Los Gatos
Almaden Road must use the right tum vehicle lane to tum right onto Los Gatos Boulevard.
A sharrow will be provided to indicate visually indicate bicycles will use the vehicle lane to
tum right.
J. Trees
The revised project would result in the removal of 13 trees (five magnolias, five coast live
oaks, one green wattle, one flowering pear, and one Mexican fan palm). Based on the
Consulting Arborist 's updated assessment (Exhibit 33), the condition of these trees range
from poor to fair/good.
The applicant is proposing to retain nine magnolias along Los Gatos Boulevard and Los
Gatos Almaden Road. These trees have fair/good , fair, and fair/poor preservation
suitability. The consultant recommends not retaining the magnolias with fair/poor
preservation suitability (trees # 15 and # 16). If the updated recommendation is followed ,
the applicant would retain seven magnolias and remove a total of 15 trees. The applicant
will be required to plant replacement trees onsite pursuant to Town Code.
The applicant's current proposal shows low water plants around the high water requirement
magnolias. If the deciding body finds merit to require the magnolias to be retained, a
requirement to design landscaping around the magnolias with appropriate water need levels
is recommended (Performance Standard 17).
K. Lighting
The applicant is proposing to turn the parking lot lights off b y 10:00 p.m. and the lights will
be limited to 15 feet in height. The applicant provided a photometric plan showing where
proposed project lighting will and will not fall (Sheet DR-6.2 , Exhibit B of Exhibit 3 7).
The public at the community meeting requested that the parking lot lights match those of
the development at the former Swanson Ford site. The applicant is amenable to modifying
Planning Commission Staff Report -Page 10
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the lights. The proposed modification consists of dark, traditional s tyle light fixtures
(Exhibit 36) and will be incorporated into plans provided to the Town Council.
L. Phas ing
Staff included a performance standard that would requtre the applicant to provide
landscaping and other attractive low maintenance improvements , and security and
maintenance of any undeveloped land, if the applicant/developer elects to build the project
in phases.
M. CEQA Determination
Two Initial Studies and Mitigated Negative Declarations were prepared -one in August
20 13 (Exhibit 29) and one in September 2014 (Exhibit 2). The more restricti ve miti gations
from each are recommended and li sted below .
The Initial Study and Mitigated Negative Declaration (IS /MND), dated September 2014,
were provided with the October 8, 2014 staff report (Exhibit 2). The September 2014
IS /MND evaluated the project with the primary building at the comer. An Initial Study and
Mitigated Negative Declaration (IS/MND), dated August 2013, evaluated the project with
the primary building towards the center of th e site (Exhibit 29).
Between the two IS /MNDs, the following topics were identified and require mitigation:
• Air Quality -The miti gatio n measure addresses dust and criteria pollutant
emissions control measures recommended b y the Bay Area Air Quality
Management Di stri ct.
• Geology and Soils -The mitigation meas ure addresses the project 's so il impacts.
• Greenhouse Gases -The mitigation meas ure addresses sustainable design feature s
to reduce Greenhouse Gas emissions.
• Hazard s and Haza rdous M aterial s -The mitigation meas ures include
recommendations to test for and, if necessary, provide protection for hazardous
building material abatement, soil contamination analysis , and hazardou s m aterials
testing and disposal management.
• Noise and Vibration -The mitigation measures address noise impacts from trash
dumpsters and construction.
Mitigation measures from both versions are included as performance standards (Exhibit 37)
and a Mitigation Monitoring and Reporting Program was prepared (Exhibit 30).
The comment period for the fir st Mitigated Negative Declaration began on September l 0,
20 13 and ended on September 30, 20 13 . T he comment period began on September 18 ,
2014 and ended on October 7, 2 014 for the seco nd document.
Planning Commission StaffReport-Page 11
15600 and 15650 Los Gatos Boulevard/PD-11-005/ND-11-007
August 26, 2015
PUBLIC COMMENTS:
The applicant mailed the July 9 , 2015 community meeting notice to property owners and
occupants within 1,000 feet of the subject property. The notice for the August 26, 2015,
Planning Commission meeting was mailed to property owners and occupants within 300 feet of
the subject property and posted in the newspaper. In addition, staff emailed a courtesy notice to
a list of interested parties.
The Town received public comments throughout the process for the subject application (Exhibit
17, 21 , 26, 27 , 28, and 34).
SUMMARY AND R EC OMMENDATION:
A. Summary
The project would allow the redevelopment of a vacant auto dealership with two
commercial buildings and the operation of a super drugstore with a drive thru pharmacy
window. The project complies with the Commercial Design Guidelines, Los Gatos
Boulevard Plan, Consulting Architect recommendations, and Conceptual Development
Advisory Committee comments. The current proposed addresses the concerns and
comments from the public and the Planning Commission.
B. Recommendation
Based on the summary above, staff recommends the Commission take the following
actions to forward the Mitigated Negative Declaration and Planned Development
application to the Town Council with a recommendation for approval:
1. Make the required findings (see Exhibit 31);
2 . Recommend that the Town Council make the Mitigated Negative Declaration and adopt
the Mitigation Monitoring and Reporting Program (Exhibit 30); and ,
3. Recommend that the Town Council adopt the Planned Development Ordinance
(Exhibit 3 7) and approve the project as proposed.
If the Commission has concerns with the application, it can:
1. Forward a recommendation for denial of the Planned Development Application to the
Town Council; or
2. Forward a recommendation for approval of the Planned Development Application
with modified performance standards to the Town Council; or
3. Continue the matter to a date certain with specific direction.
Planning Commission StaffReport-Page 12
15600 and 15650 Los Gatos Boulevard/PD-11 -005/N D-11-007
Augus t 26, 2015
Pre9 red by: 0
Jennifer L. Savage, AICP
Senior Planner
LRP:JLS:cg
App~ ~,
Laurel R . Prevetti
Assistant Town Manager/Director of Community
Development
cc: Michael Mallard, BOOS Development We st, LLC , 711 4th Street, Davis, CA 95616
Architectural Dimensions, 300 Frank H. Ogawa P laza, Suite 375, Oakland, CA 94612
Longs Drugs Stores CA LLC , 1 CVS Drive, Woonsocket, RI 02895
N:\DEY \PC REPORTS\2 0 15\LGB 15600 & 15650_8.26 .15.d ocx