Albright Way Pedestrian Bridge Application�owN of MEETING DATE: 08/05/14
ITEM NO.
cos eAtos COUNCIL AGENDA REPORT
DATE: JULY 25, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ARCHITECTURE AND SITE APPLICATION S -14 -022. PROJECT
LOCATION: 121 -131 ALBRIGHT WAY. PROPERTY OWNER: LG
BUSINESS PARK LLC. APPLICATION: AMY DEE (NETFLIX INCA
CONSIDER A REQUEST TO CONSTRUCT AN ELEVATED PEDESTRIAN
BRIDGE BETWEEN TWO COMMERCIAL BUILDINGS ON PROPERTY
ZONED CM:PD. APNS 424-32-038,045,054, AND 060.
RECOMMENDATION:
After opening and closing the public hearing, it is recommended that the Town Council accept the
Planning Commission's recommendation and adopt a Resolution (Attachment 5) to approve
Architecture and Site application S -14 -022, subject to conditions (Attachment 4) and the
development plans (Attachment 7) with the required findings (Attachment 3) that:
a. The potential environmental impacts of the proposed bridge are within the scope of
environmental impacts analyzed in the Albright Office Park EIR and none of the events listed
in Public Resources Code section 21166 have occurred. Accordingly, no further CEQA
process is required for this Architecture and Site application.
b. The project is in substantial conformance with the Common Design Guidelines of the
Commercial Design Guidelines.
c. The Architecture and Site application is in substantial conformance with Planned Development
Ordinance 2216.
d. The considerations in review of an Architecture and Site application are all made as required
by Section 29.20.150 of the Town Code in reviewing this project.
PREPARED BY: LAUREL R. PREVETTI )� i�"
Assistant Town Manager /Director of Community Development
Reviewed by: N/A Assistant Town Manager IC.�Y`�Town Attorney Finance
N:\DMTC REPORTS\2014 \121- 131Albright m Reformatted: 5/30/02 �`l Revised: 728/14 6:11 PM
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 121 -131 Albright Way /S -14 -022
July 25, 2014
ALTERNATIVES:
Alternatively, the Council may:
1. Continue the application to a date certain with specific direction (motion required); or
2. Adopt a Resolution (Attachment 6) to deny the application (motion required).
BACKGROUND:
On June 17, 2013, the Town Council certified an Environmental Impact Report, adopted a Mitigation
Monitoring and Reporting Program, adopted Planned Development Ordinance 2216, and approved
an Architecture and Site application for the subject site. Planned Development Ordinance 2216
requires that future Architecture and Site applications be forwarded to the Planning Commission for
a recommendation to the Town Council and that Town Council is the final deciding body for
additional Architecture and Site applications. The original approvals were for: construction of four
office /R &D buildings with a total maximum square footage of up to 485,000 square feet;
construction of a parking garage; and other site improvements as outlined in the approved plans.
Los Gatos Citizens for Responsible Development (petitioners) filed a lawsuit challenging the Town's
approval of the Albright Way project on the grounds that the environmental review was inadequate.
The Petitioners then filed a second lawsuit claiming that the Town did not follow the General Plan
when approving the Albright Way project and did not have the discretion to approve a project greater
than 35 feet in height in the Controlled Manufacturing (CM) zone and Light Industrial land use
designation. The Town prevailed in both lawsuits at the Trial Court level. The Petitioners filed an
Appeal in the first lawsuit and the time had not expired for Petitioners to file an appeal in the second
lawsuit.
In October 2013, a Notice of Intent to Circulate a Petition titled Amend the Los Gatos General Plan
and Zoning Code and Adopt a Specific Plan for Development of 90 -160 Albright
Way and 14600 Winchester Boulevard (Albright Way Initiative) was filed with the Town's Election
Official. The Town Attorney prepared and provided an official ballot title and summary for the
proposed initiative for use by the proponents for publication and circulation of the petition.
In December 2013, proponents of the initiative filed with the Election Official the petition containing
a total number of 4,113 signatures. On December 12, 2013, the petition was delivered by the
Election Official to the Santa Clara County Registrar of Voters Office for signature verification. On
January 22, 2014, the Santa Clara County Registrar of Voters Office notified the Town that the
proposed initiative had received at least 3,020 valid signatures, more than 15% of the registered
voters in the Town.
In early 2014, pursuant to Council direction, the Town Attorney, with support from Town staff,
began negotiating with the petitioners and the project sponsors for a potential settlement that would
address all parties' concerns regarding the Albright Way Initiative. A settlement agreement was
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: 121 -131 Albright Way /5 -14 -022
July 25, 2014
considered and approved by the Town Council at their meeting on March 3, 2014 (Exhibit 6 of
Attachment 1).
The basic terms of the Settlement Agreement applicable to this application are as follows:
1. LG Business Park agrees the project will be in substantial conformance with the Town Council's
Performance Standards of Planned Development Ordinance 2216 through the Specific Plan
implementation.
2. LG Business Park agrees that the proposed Specific Plan Initiative does not rescind the 152
original Architecture and Site (A &S) Conditions of Approval (which were incorporated into the
Specific Plan Initiative) and therefore the project will be in substantial conformance with the
original A &S Conditions of Approval.
3. LG Business Park will submit an application for the proposed pedestrian bridges through the
A &S process and pay the applicable community benefit fee for the bridges.
4. The Town agrees to process all requests for permits and other approvals in an expeditious
manner.
Because of the Settlement Agreement, the outcome of the Initiative has no bearing on the Town
Council's consideration of this Architecture and Site application.
DISCUSSION:
A. Project Summary
The subject property is located at 121 -131 Albright Way in the northern part of the Town of Los
Gatos, immediately east of Winchester Boulevard and south of Highway 85.
The applicant is proposing to construct an elevated pedestrian bridge between Building I (three
story building) and Building 2 (four story building) which are currently under construction. The
pedestrian bridge is proposed to be 850 square feet and connect at the third floor of the buildings.
The applicant has submitted a project description and letter of justification (Exhibit 4 of
Attachment 1) and development plans (Attachment 7) detailing their proposal.
The proposed pedestrian bridge was reviewed by the Town's Consulting Architect who stated
that "the design is well done, and complements the approved design for the two buildings being
connected." Exhibit 5 of Attachment 1 contains the Consulting Architect's full comments on the
proposal.
B. Plannine Commission Action
On June 11, 2014, the Planning Commission considered the proposed project. Following
discussion, the Commission made the required findings and considerations (Attachment 3) and
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MAYOR AND TOWN COUNCIL
SUBJECT: 121 -131 Albright Way /5 -14 -022
July 25, 2014
recommended that the Town Council approve the A &S application on a 6 -0 -1 vote
(Commissioner Talesfore absent). Attachment 2 is a verbatim transcript of the Commission
meeting.
ENVIRONMENTAL ASSESSMENT:
The potential environmental impacts of the proposed bridge are within the scope of environmental
impacts analyzed in the Albright Office Park Environmental Impact Report (EIR) and none of the
events listed in Public Resources Code section 21166 have occurred. Accordingly, no further CEQA
process is required for this Architecture and Site application.
CONCLUSION:
The project is in substantial conformance with Planned Development Ordinance 2216 and is
consistent with the applicable provisions of the Common Design Guidelines of the Commercial
Design Guidelines. The proposed pedestrian bridge will have the same high quality architectural
style and materials as the proposed buildings that have been approved.
It is recommended that the Town Council accept the Planning Commission's recommendation to
approve the subject application, and adopt the resolution affirming this action (Attachment 5). If the
Council determines that the application should be denied, specific findings must be incorporated into
the resolution denying the application (Attachments 6).
FISCAL IMPACT:
None.
Attachments:
1. June 11, 2014 Report to the Planning Commission with Exhibits 1 -7 (Exhibit 8, Development
Plans included as Attachment 7 below)
2. June 11, 2014 Planning Commission meeting verbatim minutes (15 transcribed pages)
3. Required Findings and Considerations (one page)
4. Conditions of Approval (two pages)
5. Draft Resolution for approval of the project (three pages)
6. Draft Resolution to deny the project (two pages)
7. Development Plans (nine pages)
Distribution
cc: LG Business Park LLC, 203 Redwood Shores Pkwy, Suite 200, Redwood City, CA 94065
Netflix Inc., Attn: Amy Dee, 100 Winchester Circle, Los Gatos, CA 95032
LRP:JP:cgt