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Item 03 - 15600 & 15650 LG Blvd - Staff Report and Exhibit 38TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: September 9, 2015 PREPARED BY: Jennifer L. Savage, Senior Planner jsavage@ lo sgato sca.go v APPLICATION NO: Planned Development Application PD-11-005 Negative Declaration ND-11-007 ITEM NO: 3 LOCATION: 15600 and 15650 Los Gatos Boulevard (northeast comer of Lo s 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 zo ne 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 drugstore (CVS) with a drive through serv ice window. No significant environmental impacts have been 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, 20 14 StaffReport: 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 C DAC 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 10. Architectural Consultant Report (18 pages), received January 6 , 201 4 11. Response to Architectural Recommendations (three pages), received March 27 , 2014 Planning Commission Staff Report -Page 2 15600 and 15650 Los Gatos Boulevard/PD-11-005/ND-11-007 September 9, 2015 12. Arborist Consultant Report (37 pages), received January 3 , 2012 13. Arborist Consultant Report (14 pages), received August 21, 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 Superseded Development Plans (18 pages), received February 22, 2013 19. Superseded Development Plans (16 pages), received November 20 , 2013 20.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 Octob er 8, 2014 11:00 a.m. (two pages) Previously received with the December 10,2014 Staff Report: 21 .b. Node Concept illustration (exhibit numbe r 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 :00 a.m. Planning Commission Staff Report -Page 3 15600 and 15650 Los Gatos Boulevard/PD-11-005/ND-11-007 September 9 , 2015 REMARKS: 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. Received with the April 8, 2015 StaffReport: 28. Public Comments received 11:01 a.m. February 5, 2015 to 11 :00 a.m. April 2, 2015 Received with the August 26, 2015 Staff Report: 29. 2013 Initial Study and 2013 Mitigated Negative Declaration 30. Mitigation Monitoring and Reporting Program (10 pages) 31. Findings 32. Applicant's Design Revisions Memo (two pages), received July 28, 2015 33 . Arborist Consultant Tree Condition Report (11 pages), received August 20 , 2015 34. Public Comments received 11:01 a.m. April 2, 2015 to 11 :00 a.m. August 20, 2015 35. Vehicle Travel Paths (two pages), received August 21, 2015 36. Proposed Light Fixtures (one page), recei ved August 21, 2015 37. Planned Development Ordinance (29 pages) with Exhibit A Rezone Area (one page) and Exhibit B Development Plans (19 sheets) Received with this Staff Report: 38. Public Comments received 11:01 a.m. August 20, 2015 to 11 :00 a.m. September 3, 2015 This item was continued from the Planning Commission meeting on August 26 , 2015. Due to the late hour, the public portion of the public hearing and Planning Commission deliberation were not finished. Additional public comments are included as Exhibit 38. The applicant did not submit any new information. Planning Commission Staff Report-Page 4 15600 and 15650 Los Gatos Boulevard/PD-11-005/ND-11-007 September 9, 2015 ;}~¢-%~ nnifer L. Savage, AICP Senior Planner LRP:JLS:cg Approved by: Laurel Prevetti Town Manager/Community Development Director cc: Michael Mallard, BOOS Development West, LLC, 711 4th Street, Davis, CA 95616 Architectural Dimensions, 300 Frank H. Ogawa Plaza, Suite 375, Oakland, CA 94612 Longs Drugs Stores CA LLC, 1 CVS Drive, Woonsocket, RI 02895 N:\DEV\PC REPORTS\2015\LGB15600 & 15650_9.9.15 .docx Jennifer Savage From: Sent: To: Subject: Jeffrey Fo x <jeffrey.fox@v asona .net > Thursda y, August 27, 2015 8:18 PM Jennifer Savage Re: Planning Commission Agenda August 26 Thanks for the reply. Most of the people interested in the CVS project had a couple of hours to spend some quality time together in the lobby. I don't know if an email to you is the best way for me to comment prior to the Sept 9 meeting, but here goes : RE : Mr. Moore's objection to the secondary build ing decreasing visibility of his car lot. I am grateful to Mr Moore for pointing out the perspective from the front door of his business . But the town cannot make long term plans based on the perceived needs of a current neighboring business . The car lot is not likely to remain in operation forever. Many other car dealers in town have clo sed up shop, so the town must look beyond the present . In any event, I strongly bel ieve that the proposed building's impact on Moore's business will be nil. Drive-though: Some folks don't like drive throughs. But CVS has been operating them successfully for a long time. There will likely be no noise, trash or other negative consequences. It will help much more than hurt. This is a pharmacy, not a Jack-in-the - box . Color of the roof tiles: This objection is too ridiculous to take seriously. Traffic : I trust that the changes proposed to the roadways and signals will easily handle the increased traffic. The small island with the large oak will remain, which will greatly reduce any potential hazards to pedestrians and bikes that other types of intersections may experience . Secondary building: The main building's plans look great. There is no "360 degree" problem. Utilities, trash areas have been treated masterfully. The secondary building, though, is not well thought out. The design is mediocre, as is the positioning on the site . The scale is too large. It is not inviting to pedestrians. I, for one, would not want my reta il store in a building so designed and situated . CVS plans to sell the site. Boos wants to buy it. Is it possible to approve the main building, but delay approval of the sec ondary, i.e. decouple the projects? If not, the developer may want to consider reducing the scale of the building significantly, and even think about dividing the building into 2 or 3 smaller ones , separated by plantings or pavement between them . Regards, Jeff Fo x 1 EXHIBIT 3 8 Sent from my iPad >On Aug 27, 2015, at 12:16 PM, Jennifer Savage <jsavage@losgatosca.gov> w r ote: > >Hi Jeff, > >Thank you for your email. The Planning Commission chair apologized for incorrectly e stimating the time req uired for the other items. > >The item was continued to the September 9, 2015. We appreciate your patience and participation and look fo rward to see ing you on September 9. >Si ncerely, > >Jennifer L. Savage, AICP >Senior Planner >Town of Los Gatos Community Developme nt Department > phone: 408.399.5702 >website: www.lo sgatosca.gov/planning > > Public Counter Hours: Monday through Friday, 8:00am to 1:00 pm. > > Please note the upcoming Town closures : >September 7, 2015 -Lab or Day > > > >-----Original Message----- > From: Jeffrey R. Fo x [mailto:jeffrey.fox@vaso na .net] >Sent: Wednesday, Augu st 26, 2015 8 :18 PM >To : Jennifer Savage >Subject: Planning Commission Agenda Augu st 26 > > > I came to the Augu st 26 meeting becau se of my interest in the first item on the agenda, the CVS proposal. > >When the meeting began, item 1 was moved to item 4 , with no request for comment from the attendees. > >The attendees were told that the items would be brief. It is now 70 minutes into the p roceedings and the 1st item is st ill in progress. > >Are last second agenda c hanges appropriate or fair without even asking attendees? > >The re-ordered agenda may result in attendee attrition. > >I will propose that as soon as the first item is done, the meeting take up the original 1st item, the CVS pro j e ct. > >Jeff Fox > > > > 2 Jennifer Savage From: CRAMER, VICTORIA <victoria.cramer@hp.com > Friday, August 28, 2015 6:51 PM Sent: To: Jennifer Savage Subject: Project: CVS -Addendum to oak tree information provided to the Planning Commission meeting held on Aug 26 Hi Jennifer, I have an addendum to the information I gave on Aug 26 to the Los Gatos Planning Commission about the estimated age of the oak trees that are planned for removal. I believed I stated that oak tree #7 was about 12yrs old. This is incorrect. Oak tree #7 is about 32yrs old. I used this information to estimate the age (see the link and 1. Thru 5. below) of the tree along with the diameter information on DR -4-Tree Inventory I Removal Plan: ht tp://ho me g ui des.sfgate .co m/estim ate-a ge-oak -tree-3 7563.htm l 1. Determine the species of oak in your backyard. Oaks generally fall into three categories or clades: red, white and golden oaks . Look in tree identification resources online or in your local library. 2. Measure the circumference of the oak's trunk. Wrap the tape measure around the trunk at 54 inches above the ground. 3 . Calculate the diameter of the oak. Use this formula: circumference (in inches) divided by pi, approximated at 3.14. For example, if your oak's trunk measures 314 inches around, its diameter would be 314 divided by 3.14, or 100 inches . 4. Determine the growth factor for your oak. If it is a Shumard or pin oak, the growth factor is three; red oak, four; white oak, five; and shingle oak, six. If you have a different variety of oak or were unable to identify the oak, obtain a rough age estimate by using four. 5 . Multiply the oak's diameter in inches times the growth factor to get the approximate age of your oak. For example, a Shumard oak with a trunk diameter of 20 inches is about 60 years old. To recap the estimated ages of the oak tress listed on DR-4 -Tree Inventory I Removal Plan of the packet: Oak tree# 6-over 80 years old = 22" diameter* 4 Oak tree #7-about 32 years old= 8" diameter* 4 Oak tree #21-about 40 years old = 10" diameter* 4 Oak tree# 22-about 40 years old = 10" diameter* 4 Per Arborist Report page 3 the Preservation Suitability for the following oak trees: #6-Fair I Good #7-Fail I Poor #21-Fair #22-Fair I also want to remind the Planning Commission what I said about Protected Tree defined in the Town Code: What is a Protected Tree? Protected Trees are defined in the Town Code as any of the following: 5. All trees which have a 4 inch or greater diameter when removal relates to any development review. I am requesting that all the oak trees-#6, #7, #21, #22 all be saved and NOT removed for the new CVS parking lot. I believe that the CVS developers can come up with a creative solution so all the oak trees can be saved and there can still be an 8' wall built between properties. ***NEW question about trees. I see o n the document DR -5 .2-Off-S ite Improvement Exhibit -item #20: "Modify existing median island curb and widen for additional traffic lane. Restripe lanes as needed." NEW Question: I co uld not find in any information in the Arborist report of what impact, if any, will there be to the current tree that is growing in the median island when the median island is modified for an additional traffic lane ? . Thank you v ery much for your time and help, Vick i Cramer 2