Loading...
Attachment 09LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Tom O’Donnell, Chair D. Michael Kane, Vice Chair Mary Badame Kendra Burch Melanie Hanssen Matthew Hudes Kathryn Janoff Town Manager:Laurel Prevetti Community Development Director: Joel Paulson Town Attorney:Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 9 LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: COMMISSIONER O'DONNELL: I think we can move on to Item 2, which is the Alberto Way matter. On the last meeting we closed the meeting to public comment. We invited any written comment, and we have received some written comment. What we’re going to do this evening is have a discussion between the members of the Planning Commission on their thoughts, and I would assume at the end of those discussions we’ll have a motion. First, I guess I should say Commissioner Badame, because of her proximity to the project, is going to recuse herself and will come back for the next item. COMMISSIONER BADAME: That is correct. My residence is located within 500’ of the project application. I will return. CHAIR O'DONNELL: We’ll see you hopefully soon. I will simply ask now for people, whoever wants to start with the comments, I would imagine we all have some comments, so who would like to… Well, what we can do, if you don’t mind, we can go down the line if you like, so I can start with Commissioner Hudes. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: Thank you. Knew I have a few comments. CHAIR O'DONNELL: When did you not? COMMISSIONER HUDES: I wanted to remark on the information that I requested about the widening of Alberto Way, and this information was provided, but I was unclear. We never received a before and after diagram showing how much. We received some textual information, and in that information it raised a concern that the widening, which was represented to be, I think, 3’ approximately eventually tapers back to the original property line, and the eventually looked to me the way that the text description proceeded, that that was referring to the entrance to Alberto Way, where I have the most concerns about safety. I know I expressed this in the very first hearing that we had on the subject, that we have a population that lives on Alberto Way that occasionally avail themselves to the use of emergency services and vehicles, and that we also have a situation where we get gridlock on Highway 9, and as far as I can see, that gridlock situation was never studied as part of the traffic analysis. The dates on which the traffic was observed were not at the times when, at least as far as I can tell, and there were no words in the LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 traffic exhibit about the gridlock traffic that has occurred there. So my concern goes beyond convenience with regard to traffic, it goes to safety and the ability of an emergency vehicle to turn onto Alberto Way, and I did not find the information provided by the Applicant entirely satisfying as to that point in terms of how much wider it would be and whether emergency vehicles would be able to make that kind of access, and so those concerns remain for me. CHAIR O'DONNELL: Thank you. Moving down the line. COMMISSIONER HANSSEN: I spent a lot of time over the last few weeks reading through all of our previous minutes and watching the tapes and whatnot, and so I was trying to distill this down to what the essential issues were, and it seemed like in terms of the comments that we had made that the main issues relate to four areas at the moment: size, traffic—and some of these are interrelated— the geology, the garage, and then the views. It kind of occurred to me that because we didn’t approve the A&S in the original hearing decision in Ma, we didn’t go through the EIR, but I went back and read through LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the EIR, and basically the EIR has found that there are no impacts in most of these areas that can’t be mitigated. And so then I was kind of left with there’s also the issue of we have to think of it in terms of comply with the General Plan and also with our Commercial Design Guidelines, so I wonder about how the best way it is to go about looking at the EIR, because it has so much interrelationship with the rest of the project, just for example in terms of size. I thought about it and I was like well everybody would like it to be smaller, of course, but there isn’t any standard for size other than the lot coverage and the height of it. And then if you’re worried about the size, what is the impact of size, and to me it would be in terms of the views and of the traffic, and those are both covered in the EIR, and you can disagree with the methodology of the EIR, but I don’t think that’s our jurisdiction. My recollection is when we’ve had EIRs before what we can really comment on is whether or not we think the mitigation is appropriate. So that’s a question I have. So then I went back to this whole issue of size, and we’ve had a lot more requests for having objective standards, and I think Council was looking for us to come up with a number that related to something, and so at the LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 moment the proposal is based on the reduced alternative that’s in the EIR, and we can decide whatever that number is. But I also had a question about how to think about neighborhood, because clearly the people on Alberto Way think that this is incompatible with the neighborhood, but we don’t have a neighborhood analysis standard for commercial like we do for residential, and so I wondered about the right way to think about that. I know in the past we, for example, had the hearings on the office building on Winchester, and even though that building is twice as big as the next commercial building down the street it didn’t factor into the ultimate decision by Council in terms of whether or not to approve the project. And also during the Council hearings on this particular project the Council in particular asked about the sizes of the commercial buildings that are there in the neighborhood on Alberto Way and also across the street, but they didn’t necessarily give direction that you need to reduce the size to the next biggest building in the neighborhood, so another question I have is about how to think about the neighborhood. There’s the aspect of this being on a very small street, but it’s also bordering a LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 major highway, and according to the EIR 40% of all the traffic that’s going to go in and out of the facility is going to go onto Highway 17, so from that perspective it’s in a different kind of neighborhood and it’s more related to downtown, even though it’s on Alberto Way. So those are the issues that I have in my mind in terms of questions, and what we’ve got to resolve is these four issues: the size, the geology, the views, and the traffic, and whether or not there’s anything else we can do to make it more acceptable, or whether it’s good enough right now. CHAIR O'DONNELL: Let me say this. There may be some questions here that we would like to direct to Staff, and we can certainly do that, and I think we will. But there’s also the flow at the moment is pretty good, it’s moving along, which you should not assume means we’re not going to come back to you and you won’t have an opportunity to direct questions to Staff, because you will. So I just want to make that clear, because I’ve heard some questions from both of you, and so we’re not ignoring those. Commissioner Janoff. COMMISSIONER JANOFF: I think the main concerns for me boil down to essentially the same as my fellow commissioners so far, but this is what I would call an LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 overly constrained problem. We’ve got the neighborhood on one side requesting a smaller footprint and not a two-story subterranean garage, and you’ve got the developer requesting just the opposite. It seems to me that that’s the real crux of the issue, because if you did reduce the size of the building, then you would reduce the amount of traffic that comes in. It may not be to the level that the residents would prefer, but it also seems clear that the Town Council has accepted the traffic study and is satisfied that there won’t be significant impact, so that leaves us in a bit of a quandary. Well, one of the speakers last meeting indicated that they would be amenable to a larger footprint above ground if we could make some other changes, so can you reduce the subterranean footprint, or could you create a larger footprint above ground and reduce the height of the building somewhat? I’m not sure what that would do with regard to size and overall square footage. But one of the key things that comes through at every single neighbor’s comments is the views, and how important those views are to those neighbors. My guess, and I could be wrong, is that the neighbors will be willing to accept the subterranean two-story garage—and I’m putting LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ideas in your heads that I know you’ve objected to—if the footprint could reflect a reduced height so that the views of the neighborhood could be preserved. My sense is that there’s a bit of intractability on both sides, and I think in order for us to get to a decision a little bit has to give somewhere, so those would be the two areas that I’d like to see discussion around. CHAIR O'DONNELL: All right, thank you. Commissioner Burch. COMMISSIONER BURCH: Not to repeat anything that my fellow commissioners said, I do know that we’ve been tasked by Council to be more factual and objective in the items that we’re discussing, and I know that there are a few issues that came up last time that have been a continued concern. I also would be curious to hear what Staff has to say about the traffic and the EIR, because it’s my understanding that ship has sailed. I believe the EIR is a validated final item and they’ve met the mitigation requirements, but I’ll be interested to hear Staff’s comments when we get to that point. As far as the parking garage, I’m actually less concerned about the levels of the parking garage. We’ve been attempting to encourage this for a very long time to LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 keep cars off ground level, and having a background and I understand the water displacement, so I actually am appreciative of the fact of keeping cars off the street; there’s no parking already on the street. So then it starts coming down more to items such as mass, neighborhood compatibility, and views, and we look to our residential and our Town guidelines. We speak of the views a lot, and when I look back at the item that I’ve heard that I feel like perhaps we can speak to the best tonight, it’s views. But again, I’m going to ask a little bit of Staff on how we analyze that, because I believe the size of the buildings have already been deemed relatively appropriate by Council, based on my last viewing of the Council’s hearing and the recommendations of the mayor, so I’m a little concerned we’re at that point in this conversation, so there are a couple of comments I’d like back from Staff when it’s time. CHAIR O'DONNELL: Thank you. Vice Chair Kane. VICE CHAIR KANE: I couldn’t say it much better than Commissioner Hanssen did in identifying the issues. Size, traffic, geology, views. I’ve tried to understand the geology, and I’ll defer to Commissioner Burch and other others who know better. That’s just not simply an issue for me at this LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time, having read and reread what I thought maybe I understood. But size remains an issue, and if size could be addressed in the way I might like it to be, traffic and views might be addressed as well. But as it is right now, I’ve gone through the Town Code, five sections I can read tonight, I’ve gone through the General Plan, which if you read this late at night it brings a tear to your eye; it’s really a passionate document, and over and over and over it talks about protecting and preserving. While we need business development, it needs to be within the context of all of these provisions designed to protect and preserve the Town. In the Commercial Design Guidelines it’s a condensed version of what’s all over the General Plan, and so much of the General Plan, “Preserve and enhance existing character and place.” It even talks about our seniors in more than one sense, that we should protect the people who live here. It talks about infill projects, limit it to do this and do that. I think we get tied up in the science of numbers, you know, 3x5x2x6, and because the land is big enough you can put in a four-story building. No, you can’t, because the Town Code, the General Plan, and Commercial Guidelines LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 prohibit it with rather clear and compelling, albeit subjective, standards. When you’ve got subjective standards you’ve got to really make a good case, and I think the 300 people have made a good case. I’m not saying it’s not in compliance with these things; 300 people have written us impassioned letters over and over to preserve their quality of life. My view of the Environmental Impact Report is that it is not sine qua non, it’s a go-no-go, so the Environmental Impact Report, if accepted, simply says nothing it’s doing can be mitigated; it doesn’t say it gets approval. I asked at our last meeting to, again quoting Denzel Washington, “Talk to me like a six year old,” and explain to me what a Class A building is and why is there such a fuss? The Applicant, or the Appellant, sent Jennifer Armer a letter and copied me, and it quotes an authority they refer to as “42,” and it says, “Class A office definition by 42 floors,” so I guess they’re an authority on defining such things. I want to read just a part of it. “Class A buildings are coveted, highly-sought spaces of significant size, usually in a central location. In the Central Bus District this could mean 250,000 square LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 feet or more. In a suburban location or small metropolitan area, a 50,000 square foot building might qualify.” All right, I’ve got a definition now. So I then look at the 72,000 as a maybe a case is being made for fiscal necessity, and the profitability of a project is not my department—I don’t think, I’ll stand corrected—but whether or not it makes money, and do we sell the project because it makes money and give up all of these words on protecting and preserving and people that are concerned? I can’t do that. I need to know that in here there’s something that says they can’t come down below 72,000, and the document they’ve given me said in a suburban or smaller location a 50,000 square foot building might qualify. That’s their letter, not mine. Mr. Thaden (phonetic) and Mr. Riley (phonetic), experts, both state that more than 95% of Class A office space provides larger floor plates ranging from 35,000 to 40,000 square feet. That’s 95%. Cynically I look at that and say the other 5% in small suburban locations, that would kind of tend of make sense. I’m telling you what my issues are, and I’m telling you that I’ve read and reread the letters from the, let’s call them “the 300,” the 300 Spartans, and they can’t be ignored; they’re very difficult to ignore. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I watched the Town Council meeting, the one that we’re referring to, what was that, December 13th or something, and I watched the end of it twice. A motion was made with four points on it: square footage, trees, something else and something else, and it failed. Another motion was made on square footage, trees, and something else, and it failed. A third motion was made to say that the appeal was being granted, specific to new information and send it back to the Town Council. (Inaudible) meeting last time we discussed this, that was interpreted to mean—I believe I’m correct—as de novo, so we take this from scratch, and in taking this from scratch I look at the 92,000 to the 86,000 to the 72,000, 74,000, and I feel golly gee, maybe there’s some more room to go here. And I did question why the offer of 72,260 coincidentally matched the exact number in the Draft EIR. I didn’t get a very good answer to that, so I feel it’s an odd coincidence and maybe we have some room to go, and maybe if we work on that size we can get an issue that deals with traffic and views and the safety and the virtual panic from the 300 people who live here. I got a letter articulating that there’s development on Highway 9 and there’s development in the back, and these 300 people are caught in between those and they’re both growing, and LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that’s just simply undeniable; I gotta find a way around that. Thank you for the time. CHAIR O'DONNELL: Thank you. Let me look at this. My comment, I guess, is this. We have to decide the Architecture and Site Application, the Conditional Use Permit, and the Environmental Impact Report. So the Environmental Impact Report, if I read this correctly, has not been approved or adopted, but we would do that. So if you find something fundamentally wrong with the EIR, you just wouldn’t approve the EIR. I find nothing fundamentally wrong with the EIR. We’ve all sat on this before, and I know in a perfect world we would make a substantial reduction in this. Having observed what the Council seems to want, I find myself with two choices here. One can simply strike out and come up with a number they’re personally comfortable with, or one can say if we assume that, as the Council has said, the number used in the EIR, even though it is just a number, but I read the Council to use that number as a good number. If one assumes that the Council thinks that is a good number, what is it we can do? Because we can send something back to the Council that will not help them, or we can send something back to the Council that may help them, and what I see as helpful, would be if LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we don’t like something about the design, not the square footage, but the design; or the height, again, not the square footage. The developer has given us these numbers and also has said—we have two or three letters from their attorney—on the EIR and the impact of economics, unlike many things, in an EIR economics are considered, i.e. is it a feasible project. So I guess I’m beginning to view what we could do tonight of a profitable measure is to see if we could do anything by way of dealing with either the design… Our Town architect wrote two or three letters, not all of which have been followed, his comments, many of which have been. Is there anything we could do with the design that does not reduce the square footage? Is there anything we can do with the height—and the height has come down, I think it’s 5’, further—that would help the views, but also at the end of the day I would like to do something that would help the Council and not have the Council simply disregard what we’ve done, because I think if we do something helpful to the people who live in that neighborhood, that will be better than simply sending it back up again and having something come down which is not as good as maybe what we could do. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So I would hope that tonight we can try to come up with something. Some of you will say, as I think Vice Chair Kane has, he seems to be more definite in rejecting the project. I am not. To the extent that we can make the project better without rejecting it, personally, I think that might be more helpful to everybody, so I throw that out. Now, what I’m going to ask at the moment is we have a number of questions we wanted to ask Staff, and unless somebody has a better suggestion, I’ll start again with Commissioner Hudes and see what his questions are, then we’ll go to Commissioner Hanssen, and so on. So Commissioner Hudes. COMMISSIONER HUDES: I had really two questions of Staff. One gets to Vice Chair Kane’s comment about considering this as a de novo application. I’ve given some thought to this, and I wanted to understand from the attorney’s perspective and from Staff’s perspective this process a little bit better. So we denied this, it was appealed, it went to Council. Council was presented with new information and remanded it back to us, and in doing so they deliberated and they asked that their deliberation be part of the record. Is it my understanding that we should consider LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 those deliberations that were not necessarily part of the formal motion, but were part of the discussion in terms of the parameters that we have in looking at the project? That’s a question for Staff. ROBERT SCHULTZ: I saw his hand up, so I didn’t know if he… CHAIR O'DONNELL: Well, I think the question is directed to you and anybody in Staff that wants to join in. ROBERT SCHULTZ: It’s a combination of both. You’re absolutely correct that the Council gave direction and told you to review the deliberations that they had, and that’s been provided to you to look at, and so you’re supposed to take that into consideration as you move through this just as the entire record… Even the previous hearings are part of this record. You’ve heard already testimony about going from 90,000 to 80,000 and now down to 70,000, so that’s all part of your thought process as you deliberate. In the sense that as Commissioner Kane says, this is de novo, and your hands are not tied to decide how you want to rule on this project. The Council didn’t say to send it back and make sure you approve it, but they did say to take into consideration their deliberations. It’s the same as if the Supreme Court of the United States says…or LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the California Supreme Court sometimes remands it back to the trial court to redo its ruling and take into consideration the ruling that they’ve made when you now use that as evidence to decide how you want to… COMMISSIONER HUDES: Right, and we’re not an appellate court for the Council. ROBERT SCHULTZ: It’s a remand. They’re the appellate court. COMMISSIONER HUDES: The other way around. And I think it’s also fair to the community at large for us to respect the process and to take into account… Now, the Council was not unanimous, but there were points that the Council seemed to converge on, and so I reviewed both the Council meetings to try to understand what some of those points were, and some of them had to do with a significant reduction in size. I think it had been proposed 4,000, but I think we’re seeing something more in the line of 8,400, and we’re seeing some other things in reaction to that guidance that to me I need to think about where the Council was in their deliberations as part of what we’re doing in the process, so I just wanted to make sure that it was okay to do that and it made sense to do that. I had a second question that’s specific to the width of Alberto Way, and my opening comment about this. Do LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you know what the current and the proposed width of Alberto Way is, particularly at the entrance area? JENNIFER ARMER: I don't know those numbers off the top of my head, but we do have Staff from our Public Works Department. I also do believe that at your December meeting, while you did close public comment in general, you left it open for questions of the Applicant, and they do have their consultants here as well, so I’m going to defer and see if Staff would like to answer that. CHAIR O'DONNELL: Wait, I want to get this clear. My understanding is nobody is going to speak, because if we allow… We invited written comments. I would not personally feel comfortable about allowing one side to make oral comments and not the other, and Lord knows, I don’t think we want to reopen the whole thing. That’s just my feeling. I’m not offering a legal opinion; I’ll defer to Counsel for that. ROBERT SCHULTZ: Specifically at your last meeting though you were still in the question phase of the Applicant, so you were still able to do that. They can’t make any closing statements, but they could answer your specific questions, because that’s where you were at. But if you don’t feel comfortable with that, the Chair and Commission, then they would not. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR O'DONNELL: I’m just one person, so if the balance of the commissioners would want to do that, I would of course… COMMISSIONER HUDES: I don’t want to take the Commission in a whole direction. I had assumed we were going to ask some questions to follow up. I could direct them to Staff, if the rest of the Commission would… CHAIR O'DONNELL: I guess what I don’t understand is we have drawings. We also have a proposal. The drawings did not show the removal of the bend in the road, as I understand it, and then there was a proposal made to do that, and I think it was 980-something square foot dedication or conveyance, I don't know which, but a portion of the 980 square feet to show how it cuts off the curve, but do we have a drawing showing how that 980 square feet comes out? JENNIFER ARMER: Yes, Sheet A-1.01 does show the right-of-way width. After the dedication would be 63 feet wide. We’ve got a 10’ lane, a 5’ bike lane, and then a second 10’ lane for the right turn that’s being show there. CHAIR O'DONNELL: Let me make this suggestion. You’re getting a lot of information fairly quickly. We’re not through, and if at the end of our questions you want to LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 go back to that, but I would invite you to spend a little time to look at it, unless you don’t need any more time. COMMISSIONER HUDES: No, I probably do need some time and some questions. I tried to do it with my little ruler, but these have been reduced and I couldn’t get to the actual size. I was trying to understand how that relates to the width of a normal vehicle and an emergency vehicle, and I wanted to go through that either with Staff or with the Applicant’s experts. CHAIR O'DONNELL: All right, well I guess what I’m asking you is what you’ve just heard, do you need more than that? COMMISSIONER HUDES: I had some other questions on it. CHAIR O'DONNELL: I don’t mean other questions, I mean about that specifically. If you do, we can pursue that. We could ask other Staff on it, or we can defer and come back later. What would you like to do? COMMISSIONER HUDES: Well, I’d prefer to ask these questions, and if Staff can answer them, great, and if not, then… CHAIR O'DONNELL: And you’re not satisfied then yet with the answer you just heard? LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: Yeah, it isn’t helpful enough for me to make a determination. CHAIR O'DONNELL: What specifically would you like to know then? COMMISSIONER HUDES: I would like to know with 63’, how does that relate to the 25’ that was just given? JENNIFER ARMER: The 25’ in terms of… COMMISSIONER HUDES: Ten plus five plus ten. JENNIFER ARMER: The 65’ right-of-way, that’s the width of the land that would be owned by the Town, but that does also include sidewalks, the planter strip, and such, on both sides of the street, plus that’s just the southbound Alberto Way, the lanes that I just discussed. There is also a 16’ wide lane going northbound on Alberto, and then it looks like 12’ for the sidewalk and planter on the other side, and about 10’ on the Alberto Way side. One comment I would add in terms of the straightening of the street. While there is still a curve, I do believe that the width of the proposed dedication is widest at the bend of the curve, so that it would actually be straightened somewhat. It’s not a constant width all the way along the length of the dedication. JOEL PAULSON: I would just offer that the sheet that Ms. Armer referenced, I think it was A-1.01, the LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 actual roadway width is labeled as 41’, so that would include the two 10’ lanes, the 5’ in between those, as well as the 16’ lane on the other side. So the total roadway is labeled as 41’. COMMISSIONER HUDES: And that’s currently. What was the original proposal? How much did they widen the roadway is what I’m getting at. JOEL PAULSON: We’ll look for that information. I’m assuming it’s 3’ or less, given that the information… COMMISSIONER HUDES: I was concerned that it was zero, because of the way it was stated that in their letter they state that it eventually tapers back to the original property line. JOEL PAULSON: I’ll defer to Ms. Armer as well, but I think if you look at the sheet A-1.00, which is just before the sheet we were just talking about, going from Highway 9 north you’ll notice a little crosshatch area, and obviously the… CHAIR O'DONNELL: Hang on for a second. He’s still trying to find the… JOEL PAULSON: Sure. COMMISSIONER HUDES: Is it toward the back? JOEL PAULSON: It is the sheet right before the one we were just speaking of, so it’s A-1.00. Ms. Armer LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 will try to pull that sheet out and put that up on the overhead. COMMISSIONER HUDES: Right. This is the one I put my little ruler on. CHAIR O'DONNELL: Hold on for a second, because now she’s trying to get it on the board. JENNIFER ARMER: It looks like it is the fifth sheet in the plan set. CHAIR O'DONNELL: You can walk over to the board if you wish; it’s much larger there. COMMISSIONER HUDES: Okay, I’m on the same page. CHAIR O'DONNELL: Okay. So are you following? Go ahead. JOEL PAULSON: Ms. Armer, if you could grab the handheld mick and you can point that area out. JENNIFER ARMER: So you can see that it is widest at this point here at the sharpest bend of the curve, and so it’s a 3’-6” width of dedication. You can see that it narrows as we get down closer to the property line on this side towards the residential neighborhood. As you go this way it also narrows some, but it does extend and stay. At this location it’s at 2’-9”, so it does include to 3’ dedication all the way up to the intersection, which allows for the new bike lane and bike box that’s proposed. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: I guess the question is with regard to emergency vehicles does that help an emergency vehicle get into that street over the way the existing condition is? JENNIFER ARMER: The Fire Department has looked at the proposed project and they have no concerns about access. COMMISSIONER HUDES: Okay, but the question is has this improved that situation with this dedication? JENNIFER ARMER: I believe that the area for the dedication allows for that free right turn, which may ease traffic flow because it extends down Alberto Way; it also does have the bike lane and the width of all of the lanes are sufficient for standard vehicles and emergency vehicle access. COMMISSIONER HUDES: Okay, thank you. CHAIR O'DONNELL: Okay, again, may we move on and you can come back if you have further questions? Commissioner Hanssen. COMMISSIONER HANSSEN: I had a few questions. The question I asked when I was speaking about comments about the project, and I think just for the benefit of everyone in the audience as well, the criteria that we’re supposed to use for reviewing an EIR? LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JENNIFER ARMER: I’m actually going to defer to the environmental consultant and let him speak to that. CHAIR O'DONNELL: Hold on one second. I don't know if that’s a legal question or a factual question, because if it was a legal question, I think we should defer to the lawyer. COMMISSIONER HANSSEN: I was thinking it was more of a legal question. CHAIR O'DONNELL: That’s what I (inaudible), and hopefully you know better as a lawyer. COMMISSIONER HANSSEN: Let me ask a more specific question. What discretion does the Planning Commission have in reviewing an EIR? ROBERT SCHULTZ: I’m not sure I even understand the question. What do you mean what is your discretion? You either can approve the EIR or deny the EIR. Let me step back a little bit and explain again. I think we’ve gone through these steps, what the EIR is. It’s really just a document to provide you with knowledge. It’s an informational document to show you what the impacts are and if there are significant impacts, then how they can be mitigated. This CEQA document says that all the impacts can be mitigated to less than significant, so you have to weigh the evidence to determine whether there’s any evidence LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that’s substantial that bring that into question, and then potentially you could base your denial on that if you make the findings. A couple other things I would point out though. Environmental impacts are not because of community angst because they’re upset about the project. It’s not because property values might go down. It can’t be done by quality of life. And then the other part of that is you have to look at the significant impacts caused by the project. Because there’s gridlock out there now and there might not be emergency access available doesn’t mean you can deny the project. You have to look at what the impacts are from the actual project, and that’s what the EIR document does. COMMISSIONER HANSSEN: Just a related question to that. Supposing that we thought there was a better mitigation for the solution, that could be a reason to recommend a different mitigation or… ROBERT SCHULTZ: Yes, you could attach additional conditions, and I think you’ve kind of done that in the Staff Report to show based on some of the evidence that has been brought, there is additional mitigation measures that need to be put in to address any impacts. Absolutely. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: So then this is the second question on the EIR’s Staff, then. In reading through the section on the aesthetics, and I think the majority of the Commissioners mentioned this on view, if you read the EIR they basically say… I’m going to summarize what they said, but it’s along the lines of the views on Alberto Way right now are obstructed without the project. They’re obstructed by trees, at least partially, and they’re obstructed by the 35’ tall three buildings that are there now, and so their conclusion was that because our codes allow up to a 35’ building, that while there will be partial blockages of parts of the view, that it’s already blocked and so therefore it’s not significant. I guess where I’m at in this thing is back to approving the EIR. Now, if we agree that the EIR has no impacts, what grounds do we have to say we need to change the view? We have the General Plan and the Commercial Design Guidelines, I understand that, but doesn’t that create a conflict? JENNIFER ARMER: I think you hit it actually. You do have those other documents. The Environmental Impact Report is based on the regulations in CEQA, the California Environmental Quality Act, and so those are the regulations that are put in place by the state. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In addition to those, and the determination based on those of no impact, we also have other guidance documents. We have our General Plan, we have our Commercial Design Guidelines, and so what you are considering tonight is not just the EIR and its analysis, but also your interpretation of our guidance documents. JOEL PAULSON: I would just add as well that it’s important to understand—I know we’ve talked about this before—Staff believes that the EIR is legally adequate and meets the requirements of CEQA. The Town does not have any objective thresholds of what diminishing of views would constitute an environmental impact. The other documents you could certify and the Environmental Impact Report does not require you to approve a project. So I think it’s important to remember that there are certain thresholds, and these were reviewed when the Environmental Impact Report was prepared, and the determinations were that there are no significant impacts that cannot be mitigated to a less than significant level. COMMISSIONER HANSSEN: Okay, good. Moving on, I had a question about this Class A issue. I, too, read through the information provided by the Applicant, and I actually had found that website where they talked about the 42, whatever; I found that on my own before I read this and LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I thought oh, but the thing is there’s…so that the Applicant had support from some realtors that are active in leasing this kind of space that said that they’re looking for floor plates of 35,000 to 40,000. But I wondered if it didn’t depend on the number of employees as well? I mean certainly because of amenities I can see why they need a bigger floor plate. But I also thought that we probably had some other Class A office space in Los Gatos, and we don’t have a lot of commercial buildings this large in Los Gatos. I thought that I read that the building that was just approved on Winchester is considered Class A, so that was my question. Is that Class A, because that is much smaller? JOEL PAULSON: I would say I think the Applicant definitely intends on the Winchester project to create a Class A project, and so other Commissioners may have some additional input on Class A. Applicant has provided input on that. There are a number of factors that go into those numbers, both higher and lower, and site constraints obviously would be one of those. Winchester has different site constraints than this site. I would say that the most recent Class A is probably the Netflix facility, which is the 435,000 square feet, or 485,000, I can’t remember, in four buildings, so it really is site specific. This is what the Applicant has provided for their justification LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 standpoint, and then from brokers who do deal with these types of projects in the Valley, but ultimately it’s up to the Commission, with all of these topics, frankly, to make a determination as to whether or not you believe this is the appropriate project for this specific site. COMMISSIONER HANSSEN: That’s perfectly fine, so that makes sense. Then on the traffic, there was a discussion in the Town Council meeting that didn’t resolve itself into any follow up per se, but this back to the traffic, and the proposed improvements include a dedicated right turn lane, and then there would be a shared left through lane, and the topic came up about… And I was looking at some of the drawings that some of the neighborhood people put up about the people that would be coming into Alberto Way would be coming probably off of Highway 17, taking a left onto Alberto Way, and then taking a left in the property. People on the other side of the street are going to be taking a left while they’re taking a left, and so I thought in the morning…I wondered if even though the Traffic Impact Analysis didn’t flag it as a safety issue, if it wouldn’t be safer to have a dedicated left turn lane, and I thought I remembered our Parks and Public Works Staff saying that more parking spots would have to be given up, but I don’t LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 remember exactly what. So I was just curious about that, even though the Traffic Impact Analysis didn’t flag that as a safety issue, would it in fact be safer if we had a dedicated turn lane in the middle, and then what would it take to make that happen given the width of the street now? JENNIFER ARMER: A bit of clarification. When you’re talking about a left turn lane, you mean a left turn lane going into the project? Or a left turn at the intersection with Highway 9? COMMISSIONER HANSSEN: I was thinking of either a dedicated left turn lane going out of Alberto Way, so there would be a right turn lane… JENNIFER ARMER: A throughway. COMMISSIONER HANSSEN: There could be an either and then an only left turn lane, but I wondered if it wouldn’t be better to have a two-way turn lane, although I don't know if there’s enough space to make that safe, so that if people wouldn’t be blocking traffic going through, there would be like a dedicated turn lane in the middle. That was a couple of ideas that I had thought of, so I wondered if that would impact approval or would it be worse, and what it would take to get that. MIKE WEISS: Good evening, Commissioners. Mike Weiss, Associate Engineer. In regard to adding a dedicated LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 left turn lane in addition to a through lane, it would require additional right-of-way width. In regard to the safety, I’m going to defer to our transportation consultant, Colin Burgett from TJKM. COLIN BURGETT: At that location the use of a left turn lane would primarily be in the morning, so about 150 cars or so making left turns into the project during the morning peak hour, and at that time the through volume is very low, it would be less than 50 cars, so there just isn’t a high enough volume to warrant a separate left turn lane and through lane based on that relatively low through volume in the morning. And in the afternoon the left turn volume can be pretty low, only about 30 cars making a left turn into the project, and so at that time the left turn volume in the afternoon would be too low to warrant a left turn lane. From a safety perspective, overall the volumes are relatively low, and since more of the morning cars are making a left turn it wouldn’t be a situation that sometimes occurs on other streets where the majority of traffic is through traffic and they’re surprised by a left turn. COMMISSIONER HANSSEN: So what you’re saying is it would really only be a issue in the morning, and then in LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the afternoon the majority of the people coming out of the project are going to be turning right onto Highway 9 and getting on Highway 17 or going elsewhere. COLIN BURGETT: Right. COMMISSIONER HANSSEN: So it wouldn’t be an issue, and then in the morning you’re not going to have a lot of traffic going the other way. COLIN BURGETT: Exactly. COMMISSIONER HANSSEN: Okay, good, that helps a lot. All right. CHAIR O'DONNELL: I’m going to stop you for a minute, because we’re going to move back and forth I think rather than spending too much time on one person, so Commissioner Janoff. COMMISSIONER JANOFF: I’m sort of fixated on the idea of changing the footprint as proposed for the 74,000 and thinking about what Commissioner O'Donnell has said in understanding that the Town Council is possibly interested in and would approve a 74,000, how can we make that work, at least footprint and parking-wise? One of the questions I have is in Exhibit 31 there’s a report from Caltrans, and on page 2 of that there is a list of traffic demand management suggestions, and one of the bullet points says a 10% vehicle parking reduction. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So my question is currently at 74,000 square feet they are required to provide 298 parking spaces. Would the Town be willing to impose a 10% vehicle parking reduction on the property owner in order to reduce the number of parking spaces required so it would give them a little more flexibility, for instance, enlarging the footprint on the surface, which eliminates some parking spaces? So a 10% reduction from the 298 would drop the parking requirement down to about 260 or so parking spaces, 260, 270. JOEL PAULSON: If that’s a decision that the Commission wants to include in whatever decision they ultimately make this evening, that’s definitely possible. I think in those types of scenarios you run the risk of then having cars needing to park on the streets in the adjacent neighborhood, which becomes challenging, so that would be the one caution I would have. The other would be removing that amount of spaces then removes probably most of the surface parking that they are proposing, and if I remember correctly there was a suggestion, a request, to add surface parking, so it may reduce some of the excavation if they chose to take that out of the underground garage, but you still would have two levels underground, and I don't know if our Parks and LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Public Works Staff have any additional input on that. Seeing none. CHAIR O'DONNELL: (Inaudible). COMMISSIONER BURCH: I don’t at the moment. Every question I come up with has been asked so far. CHAIR O'DONNELL: Okay, Commissioner Burch has no questions then. Vice Chair Kane. VICE CHAIR KANE: As I said earlier, I watched the Town Council deliberations twice last night, and I started writing. Without using any names, unless you’ve watched it, that there was concessions at Town Council and not at the Planning Commission regarding new information, essentially that this was de novo. It was mentioned to incorporate the Town Council guidance. There was disagreement with that, because there was disagreement with the motion that had failed twice. Somebody said 4,000 feet, somebody said no, not just 4,000 reduction, at least. Somebody said 74,000, somebody said no, not an arbitrary number. The maker of the motion said there are no specifics in my motion. Reduce, but leave open the specifics. New motion. Town Council, Planning Commission should use all information available, and the mayor said focus on objective criteria, not what shall be the numbers. I mentioned earlier that one of the Town Council people LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 said it went from 92,000 to 87,000 to 74,000, and it was said that when we got the Planning Commission, maybe then we’d get their best shot, and I’d like to try to make a best shot, and I’ve made a case for the Class A from 42 is being 50,000; there was another number here at 55,000. I want to go back and reiterate, when the Draft EIR talked about 74,000 it said that such a reduction would then likely allow for one underground garage, and I’m thinking that certainly in the neighborhood of 55,000 we’d be looking at the likelihood of one underground garage, which alleviates a lot of people’s concerns; could alleviate traffic, could alleviate views, could alleviate size. So I don't know how we get there, Mr. Chairman, but we’ve got room, and we’ve got a green light to make an offer to make a motion in the fifties to see if we can get a 55,000 Class A, which is what 42 says is possible, and get a one-level garage, and in that way look for a compromise to address the concerns of the neighborhood. There will be increased traffic, there will be reduced views, here will be this, there will be that, but it’s better than what we have right now if we can get a smaller number. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR O'DONNELL: You can’t compromise with somebody who isn’t present, and we’ve closed the public comment, so there will be no compromise, unless you say we’ve made a compromise, we’ve told you what you’re going to do, but that’s probably not a compromise. VICE CHAIR KANE: It’s a good point, and I’m confused. CHAIR O'DONNELL: No, I’m not entering in a dialogue… VICE CHAIR KANE: When they asked us to give the specific numbers, what did that mean? CHAIR O'DONNELL: You are out of order and I’ve asked you to be quiet for the moment. It’s my turn, and I’m going to talk. I don’t think we can redo the project. If you want to turn it down, you can turn it down. My view is notwithstanding reading the tea leaves as to what the Council wanted, the number they used was the number that I would not have used, but it was a number from the EIR, and I think some of the Councilpeople focused on that. I guess my view is this project in many respects is a very good project. The biggest objection of everybody is it’s too big, and I said that the first night we heard this, and I was talking about a very substantial reduction. As I read this over and over again, I am convinced that the LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Applicant is saying only at a certain level can I afford the improvements of this project. You want a different project; maybe you’ll have a different applicant. Maybe you’ll have a totally different project, but if you want this project, I don’t think you’re going to go down to 50,000 or 55,000 square feet. You will have a totally different… So if you want to turn the project down, we can recommend that, and as I say, who knows what the Council would do, but my feeling is the Council will not turn the project down if reasonable steps are taken. The only thing I can see as giving us a better assurance of helping anyone on this project, and we have not heard a word of it yet, is is there anything we can do with either the height or the design without affecting in any substantial way the square footage? Because the Applicant is saying basically I need something like this square footage, and if we do that then I can afford these other things. We have not pursued, nor have we had a suggestion tonight, is there anything else that could be done and leave the square footage alone? Everybody may disagree with that, but at the end of the day I think that would be more helpful to the Council, and if it’s more helpful to the Council, it would be more helpful to everybody sitting here, because it’s not going to be LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 helpful to the neighbors to find out that a 74,000 square feet project has been approved as proposed without any input from us as to how we might make that project better. Commissioner Janoff has her hand up; maybe she can help me there. COMMISSIONER JANOFF: I have some ideas, Commissioner. I just wanted to go back to Commissioner Kane’s question. If I back calculate the amount of square footage that would be possible, given a single-story underground garage, plus above ground parking, I’m just using the structure that they currently have proposed. It’s 137, I believe, on the first floor of the underground, plus 32 surface spaces, so that’s 169. If you divide the 74 by the number of parking spaces they’re proposing, which is according to the Town requirement, it gives you a certain number. Multiply that number by 169. The largest building they could create with the current single-story subterranean garage and the aboveground 32 spaces is about 45,000 square feet, so it’s small, and I’m guessing that might be unacceptably small to the developer. Maybe great for the neighbors, but that’s what I’m calculating. So, again, the question is how can we make this work? Now, in the first proposal that the developer proposed there were two buildings, they were approximately LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45,000 square feet each, which means they had floor plates of less than 25,000 square feet, so a attractiveness of 25,000 square foot plate was good then and I’m assuming it’s still good now. You’ve got Class A buildings all over town, all over the county, all over the state, where tenants are leasing anywhere from the entire floor to a couple thousand square feet, so the size of the plate per se isn’t a Class A requirement. Desirable perhaps from building standpoint or development standpoint because you can make more space and create more money downstream, but it’s the amenities, it’s are you providing an in-house drycleaner, a gym for the employees, a café for people coming through? Are your materials of construction of a very high quality? That’s what defines Class A, and if you look at the Class B buildings that are going through their refurbishment, they’re not adding square footage, they’re adding amenities, they’re adding those things that I just talked about, so I would respectfully suggest that the 37,000 or the 35,000 square foot plate is not necessarily for a Class A building. Having said that, there’s no doubt in my mind that you can create a 63,000 square foot building to a 72,000 square foot building with a combination of two-story LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and single-story construction. A lot of the deliberation and the expert testimony and some of the documents that we’ve got, I think we’re probably okay with a two-story subterranean parking structure as long as there’s appropriate measuring and mitigation for the property owners. So let’s allow that there may be a two-story parking garage below in order to reduce the footprint…not reduce the footprint, perhaps increase the footprint up top but reduce the height. So, for instance, if the builder goes back to the original proposal, there was a two-story building that came closer to Alberto Way and a two-story building that was a little bit smaller back roughly where the second half of the current proposal is. If you increase the size of the left-hand portion of the building out to the original story pole lines, and went up so you’ve got a big building there, and it’s not particularly attractive. The entire architecture right now is not particularly attractive, however, the views that the neighbors are asking to be preserved are generally the views that are along the Highway 17 side of the property, so if you allow for a larger two-story building on the Highway 9 side and one-story construction, it would be a nice, tall 15’ LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 interior construction. It could be tall, but it would still give you the views that the neighbors are requesting. Moreover, if the developer was willing to consider that, you could put some of the amenities toward the front of that new two-story building, and some of the amenities that would include a drycleaner, a café, or some other amenities that help the tenants of the building, but could also be available for residents, so the development isn’t a complete loss to the neighbors. So my recommendation would be to consider increasing the surface… And the reason I asked about the 10% reduction is if you pull the building out further to the original story pole lines you’re going to lose about ten parking spaces. So you could say we’ll reduce the requirement for so many parking spaces by ten in order for this to happen. You’d still have some surface parking, you’d still have two-story parking, but down below. My point in all of this is that there’s a way to create the square footage that the developer is asking for and allow for views that the residents are asking for, and within the approximate 60,000 to 70,000 square feet that seems to be on the table. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR O'DONNELL: Let me see if I understand. They were good questions. I want to make sure I understand what you’re saying. You’re saying you’re not necessarily against 74,000 square feet, the range you’ve talked about now is 60,000 to 74,000, I think, or 72,000, but you want to get a single-story building in part of the property so the neighbor’s view would be protected, which would mean then that what I’ll call the second building would be larger than it presently is; it would be the same height, but it would be wider. Now, I don't know, and I don't know if anybody knows, whether that could be done in such a fashion that the total square footage asked for by the Applicant would be the same, but it would be rearranged, but your suggestion is there is that possibility, is that correct? COMMISSIONER JANOFF: That’s correct, and I’m not suggesting that the rearrangement of two-story/one-story would achieve 74,000 square feet, but the original Planning Commission request was to bring it down to 63,000, and the neighbors have pretty much said that the 62,000, 60,000, would be acceptable, but they also want views. So how do you make that happen? In deference to the developer, who may want that added square footage and in deference to the neighbors who would like to have views, I think we can LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 accomplish both by approving a combination of single-story and two-story structures. CHAIR O'DONNELL: Okay, we’ve got two hands up, and I think Vice Chair Kane had the first. VICE CHAIR KANE: For the Town Attorney. We’ve had involvement from Town Council, and sometimes we talk about this going back to Town Council. I wanted your assistance in making this perfectly clear that we in fact are the deciding body right now, and it only goes to Town Council if it gets appealed, and if we are in fact the deciding body, then we have alternatives to an up or down motion. We can continue the matter to a date certain with specific direction, which means we can adopt, for example, a lot of what Commissioner Janoff just said, or some of the things I said, radical, we can approve the application and put on additional modified conditions, or we can deny it. So I’m saying that we do have constructive input at this point. This is a regular de novo case before us, like every other one we’ve got, and we can say I want the roof lower, I want the shingles blue, I want this, and we’ll talk further about it in July. So we have the option as the deciding body to make revisions, suggest revisions, and continue this to a date certain, is that correct? ROBERT SCHULTZ: That is correct. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: So I’d like to support a lot of what I just heard, Mr. Chair. CHAIR O'DONNELL: Commissioner Hudes. COMMISSIONER HUDES: I appreciate looking for creative solutions, but I did want to go back to a couple of sort of factual things. The square footage that was considered by the Council, what was that square footage that they were asking for a further… Some of them were asking for 4,000, some of them were asking for 74,000. What was that about? JENNIFER ARMER: The plans that were reviewed by Town Council were the 83,000. COMMISSIONER HUDES: So there’s been an approximately 9,000 square foot reduction from that, correct? JENNIFER ARMER: Correct. COMMISSIONER HUDES: Okay. The other thing with regard to Commissioner Janoff and the discussion about 63,000 that was, she said, the request of the Planning Commission. That’s not actually correct. I was on the Planning Commission at that time. One Commissioner stated that figure. The Commission voted not to determine a 63,000, that was not part of the record, so I am a little concerned about introducing a design or a figure that has LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 never been considered or analyzed that I have heard was the Council discussing an application that was 83,000, requesting a reduction, and us getting a revised application for 74,000, so I just wanted to establish that those are some of the facts that we’re dealing with. CHAIR O'DONNELL: If I understand Commissioner Janoff, and this is a question to her, really, you weren’t precluding 74,000, but you were saying there might be a range, and I don’t disagree at all with what Commissioner Hudes said, but I don't know where we’re quite going at the moment, but were we to say this is what we think would be satisfactory, you have not precluded 74,000 in your suggestion? COMMISSIONER JANOFF: That’s correct. CHAIR O'DONNELL: Okay. Commissioner Hanssen. COMMISSIONER HANSSEN: I appreciate the thoughts. I guess I was kind of more of the mind that my feeling after watching the Council hearing is that they pretty much had it narrowed down to just a few things and that they were pretty happy with a relatively modest size reduction, although they didn’t specifically say that in their motion, that was in their discussion. And so I was more of the mind that we needed to look at this on the merits of what we got from the Applicant versus trying to change that materially. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So what I did for myself is I wrote down what are the reasons to approve this thing, and there actually are some compelling reasons. The need for the Class A office space, being LEED Gold certified. I mean we have a Sustainability Plan in Los Gatos and we don’t have a lot of buildings that are LEED Gold, and so this is a great thing for our Sustainability Plan. It’s zoned for commercial. It meets all the objective standards. No exceptions requested. It’s just steps away from Highway 17. The Applicant has cooperated and reduced the size. There are no significant impacts in the EIR, and they’ve gone over and above in terms of the required mitigation, and they’ve offered additional concessions like the shuttle, which although isn’t a land use issue it might maybe help a little bit with traffic. So then I wondered about what we could do to make the project better without materially changing it. I was looking more at stuff like could the building be made coming a little closer to the street and maybe have the setback on the north side be a little bit more, because I went down there today and took some pictures and there actually is a very nice view of the hills in that area between the north side boundary line and the nearest building, with the exception of a big tree that’s kind of LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 blocking part of the view. I was looking at things like that, and the public access easements for the surface parking and open space, and I wondered about some other things. I worry about what has been brought up in hearings about the trend in the Silicon Valley to reduce the number of square footage per employee, so in order to make sure that the traffic numbers in the Traffic Impact Analysis hold up I wondered about maybe limiting the number of total employees that could be in the building by a tenant. And these are relatively less minor things. Is there a way to remove that large pine tree in the northwest part of the property? I also wrote down a written agreement to maintain the shuttle for three to five years. But those are the kind of things I had in mind that would make the project better without materially changing it, and so that was where I came up. I wasn’t thinking as much dramatic change and another redesign. CHAIR O'DONNELL: Can I also say this, just listening to everybody? At the moment I think I’ve divided the comments sort of into two. A significant revisiting would require a continuance and some instructions to the Applicant as to what we wanted, otherwise it wouldn’t make LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any sense at all. The other one is not to continue the matter but to make a decision and now, and if you wish to, I guess, impose some additional conditions, although the conditions I’ve heard now would have to be studied, I think, and that would mean that you couldn’t very well do it tonight. I’m not singling out yours, but any changes of a substantial nature may have to at least go back to the drawing board or have an opportunity to respond to us and say is this a good thing or a bad thing, because we don’t know. We’re not supposed to design from up here, and we’re not trying to do that. The fundamental question I guess I have is Commissioner Janoff has, I think, a good suggestion, but that would require a revisiting, a redrawing. Now, the Applicant could say not going to do this, it doesn’t make any sense to us, and then they could appeal. I, personally, would like to do something tonight that would be acceptable in the broadest sense for both the Applicant and the neighbors. The neighbors have a very, very serious problem; it is not going to go away whether you put in a 60,000 square foot building there or a 74,000 square foot building; it just isn’t. So I guess that being the case the only thing I would like is some direction from the Planning Commission on is it something you want to LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 decide tonight, or is it something you want to send back, in other words, continue the matter? I, personally, if at all possible, would like to decide the matter tonight. I don’t think Commissioner Janoff’s suggestion fits that bill, although I like her suggestion, but I think if we implement your suggestion we could not make that decision, is that your understanding? COMMISSIONER JANOFF: Yes. CHAIR O'DONNELL: Okay, so that having been said, I’ll throw it back to all of you to hear what do you want to do with this tonight? Commissioner Janoff. COMMISSIONER JANOFF: Since I’m causing issues. The residents are seriously unhappy right now, and the developers are essentially following the guidance that was provided by the Town Council. I think it’s incumbent upon us to try to get it as right as we can, and if that takes a little bit more time in what has been a relatively time consuming process, I think we owe it to the Town to do that. I don't know how much additional work is required on the part of the developer to show even conceptually what a single-story/two-story combination might look like, but I do think it’s a good step in the direction of helping to LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 come to a reasonable compromise, so I would be willing to take one more meeting to do that. CHAIR O'DONNELL: Can I hear some of the other Commissioners on I think we have two choices in a broad sense. Commissioner Hudes. COMMISSIONER HUDES: I think Commissioner Janoff’s suggestions make sense in this situation. I’m very troubled about the concerns that the neighbors have with this project, and I’m concerned that we did not get extremely specific direction from the Council. So given that, I think it would be good to do another round and take a look at the suggestions that have been made, including those suggestions by Commissioner Hanssen that I think are maybe less drastic than complete building redesign. I heard something about exploring building location, which is probably the most significant one that was suggested. I heard understanding whether total employees could be limited, removing a pine tree, codifying the shuttle. And by the way, I think the step to put the shuttle in is very positive. I think it’s something that not only helps with traffic, and we were all concerned about the numbers in the traffic impact report, I think it also provides community benefit and is something I wish other developers would consider as well, so I think that if LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we need to go another round on looking on how that gets codified, I think it’s worth it. Those are all things that make sense. I did read the information on what it would take to go to a single- level parking, and although I’m the one that raised that in terms of wanting more information, and certainly the community raised that as an idea, I’m not convinced that it’s possible to do that on this site for a variety of reasons that were stated, so I am not reopening that particular item, but the other items make sense to me. And again, along the lines of what Council Member Jensen’s original motion was, and that is to explore these items and to analyze them and come back having explored them, for the Applicant to explore them with Staff, and to present some information back to us. CHAIR O'DONNELL: Let me ask a question of Staff. One thing you said that we might be able to get an answer. I have personally not heard of an employee limitation as opposed to a square footage limitation, so I would just direct the question to the three of you: Does anybody have an opinion on given whatever the square footage is, could you say you may not have more than X employees? I see a head shaking violently no here, but you(inaudible). LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: I’ll add to the head shaking. Building occupancy is set by the Building Code, so we wouldn’t be regulating the number of employees. It’s occupants, and so that’s not something that we would do. Depending on how it’s laid out, then they have to calculate the occupancy for the building. It has to meet Building Code and Fire code. CHAIR O'DONNELL: Part of the reason I asked the question is, I, personally, don’t want to send it back with a bunch of somewhat ephemeral questions. I haven’t made my own decision yet, but if we were to send it back with Commissioner Janoff’s suggestions, which I think are concrete, I could understand them. I don’t know what the answer is, because the Applicant would have to look at it and say this is doable, it isn’t doable, and we can’t tell them what’s doable and what’s not, but at least you can understand what Commissioner Janoff is saying. As to the other things like trees and stuff like that, I think we could condition an approval on some reasonable things like that, so I’m not against them, but I just wouldn’t want to send it back with too many issues. I would like to be very clear if we were to send it back, so that the Applicant would have an incentive to do it. Now, my understanding from the people who live in the LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 neighborhood, they’re not just concerned with the view, they’re concerned with traffic, they’re concerned with all kinds of things. The proposal of Commissioner Janoff, while a good one, will only address, I think, the view, and it’s not clear to me at all that that would satisfy the majority of the neighbors. If that’s the case, it’s almost like if you could address satisfactorily most of the concerns of the neighbors, I’m all in favor of it, but this particular suggestion would only address the view, and my perception of what everybody out here has said, that wouldn’t be enough. If that’s the case, then I don't know why we would send it back to redraw the thing, because at the end of the day you’ve got 74,000 square feet and people are going to come up and say too much traffic, I can’t get an ambulance in here, whatever, whatever, and we’re not going to have advanced the ball down the field. Commissioner Janoff. COMMISSIONER JANOFF: In my opinion, the proposal on the table is not acceptable, so the question is what portions of that does the Planning Commission reasonably have an opportunity to affect? I believe watching the deliberations of the Town Council, I think they make it relatively clear they were comfortable with the traffic report, comfortable with the EIR, comfortable with the other concerns that you raised, which the neighbors are not LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 comfortable with, but for us to send it back with a denial right back… And many of the modifications that are included in this proposal do reflect the suggestions that the Town Council made, the window glazing and so forth, so if we deny it based on what we have at present, I’m guessing it will be appealed and the neighbors will have what we have on the table. My view is we can improve what we have on the table so that there’s at least some benefit for the neighbors. I’m willing to forgo the arguments, and with all respect to the neighbors and your concerns, I appreciate them, I understand them, I think there is some room that I’d like to discuss later if we get to a point where we want to approve something I think we can tighten up some of the CUP requirements, but the things I’m afraid of is that if we deny it, it will go back to the Council and it will be stamped, because the developer has accommodated many of the requirements that some of the Town Council members had been looking for, so realistically I think we have very little room here to make some changes, so that’s my motivation. CHAIR O'DONNELL: Let me make a suggestion. You make a motion, let’s see if we get a second, and then we can vote on it. If people feel that’s premature, I’ll be LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 guided by that, too, but unless I hear that you think it’s premature I would invite a motion from Commissioner Janoff and see if we can get a second. COMMISSIONER JANOFF: I would move to continue the request for the Architecture and Site Application with guidance to the developer to redevelop or redesign the elevations of the building so that it accommodated both single-story and one-story in order to maximize the views of the neighborhood, particularly the views that would be visible along the Highway 17, not the Highway 9… CHAIR O'DONNELL: The north end of the property. COMMISSIONER JANOFF: I think it’s the western side of the property. And by doing that, if you’re inclined to stick to the 74,000 square feet you’ve proposed, that’s fine, but make sure that you’re doing it in such a fashion that it either increases the two-story in one direction and allows for a single-story in another to give the residents more views. CHAIR O'DONNELL: Is there a second? There is a second, Commissioner Burch. Let me ask Staff, you’ve heard the motion. Before we discuss it further and vote on it, is there anything in the motion that the Staff would find not clear enough for the Staff to have subsequent input on? LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: I think the discussion this evening is clear, and then it would depend on what, if anything, the Applicant was willing to do in terms of a redesign. CHAIR O'DONNELL: All right, Commissioner Hudes. COMMISSIONER HUDES: I just wanted to come back to some of Commissioner Hanssen’s suggestions, and rather than try to get them third-hand, I would invite Commissioner Hanssen to weigh in on whether those should also be things considered in a continuance? COMMISSIONER HANSSEN: The thing that’s troubling me is I too am very concerned that some of the other residents are really worried about what’s happening with this development and the impacts it will have, and so I did a lot of math over the last few days, and not to make light of the 60,000 number, but we have to come up with some objective sort of standard, and I looked at it in terms of traffic and I’m like well it’s pretty much a corresponding percentage difference, so if you take the thing down 20% it’s going to go down to like 416 instead of 489 daily trips, and the peak AM trips is going to go down to 80 instead of 104. It’s still a lot more than they have now, and so I’m just not sure that just fixing the view is going LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to really help, and then to put the Applicant through a required redesign. I mean maybe it ought to be more non-specific about what to do, but I don’t know that we can be that non- specific. CHAIR O'DONNELL: If I understood Commissioner Hudes correctly, you, independent of this, had some of your own concerns, and I think we were just trying to explore that. COMMISSIONER HANSSEN: I wanted to make that comment as a predecessor to say that I don't know if it makes sense for them to say move the north setback over if they’re going to be required to do a redesign to bring the thing down, but if it’s open about how they get the view better, then my suggestion would make sense. CHAIR O'DONNELL: What was your suggestion? I missed it. COMMISSIONER HANSSEN: I basically said right now the Applicant had added another 30’ to the north setback, so now it’s 56’, and I thought that the residents had talked about it being 80’, so I thought if it was 80’, that would take it a little bit beyond where the farthest most north building is right now, and right now the view is actually pretty good, with the exception of that big pine LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tree I was talking about when you look at that. All I’m saying is if it has to be redesigned, or is there another way that they can improve the view? I’m not trying to leave it vague, but my suggestion to change the north setback might be part of the proposal, but if they put it back into two buildings it’s probably not realistic to do that. They’re probably going to end up moving more over closer to the property line would be my guess. CHAIR O'DONNELL: What would you like to add to the motion? COMMISSIONER HANSSEN: I could add the other things. We got feedback that we can’t limit the number of employees, but we could limit the number of occupants, but it’s based on the Fire Code anyway, so there’s no need to put a condition in. They were talking about as low as 75 square feet per employee, which would 800-900 employees. Is there any chance that the Fire Code would allow that many employees in a building? JOEL PAULSON: That’s possible, it just depends on the layout for the specific tenant, so that’s handled when the tenant improvements for a specific tenant come through the building plan check process, and then the occupant load has to be provided by the Applicant and then LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is checked by Staff to make sure it complies with the Building Code and Fire Code. COMMISSIONER HANSSEN: So I don’t think it would make sense to add that. I did mention the written agreement to maintain the shuttle for three to five years. I think that is an outstanding thing that the developer had done. I know they agreed to it in the terms and conditions, but… Yes? JENNIFER ARMER: I just wanted to call your attention to the new condition of approval that Staff did add to the draft conditions for your consideration, which actually does include it in the Conditional Use Permit, so that would continue. If they wanted to stop the shuttle, they would be required to come back to this body to request a modification to their Conditional Use Permit. COMMISSIONER HANSSEN: Oh, good, so that’s covered. Well, I saw it in the terms and conditions, but I wasn’t sure if it would actually be in the Conditional Use Permit or not. Okay, great, so that answers that. Then the other thing I had was it’s really outstanding that the Applicant had offered to make the surface parking available to the residents, and also the open space on the north end, assuming that that continues, and I hope that it would be not just a terms and conditions LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 thing, but there would be some kind of easement that it would be there as different tenants came through and that sort of thing. JENNIFER ARMER: Again, it wasn’t specifically a recorded easement, but it is one of the conditions that is part of the Conditional Use Permit, and the Conditional Use Permit runs with the land, so it doesn’t matter which tenant is in there, but that would be one of the conditions that they would have to meet to continue an office use in this location, and any modification to that would require a modification to the Conditional Use Permit. COMMISSIONER HANSSEN: Okay, so that’s covered, because it’s in the CUP as well. So I think that was pretty much the major items that I had. CHAIR O'DONNELL: Commissioner Hudes. COMMISSIONER HUDES: I wanted to come back to the motion. My understanding is that we’re not redesigning the building to be one-story/two-story, but we are giving direction—tell me if I got this right—for the Applicant to evaluate or explore the possibility of improving the views by going to a one-story/two-story solution. CHAIR O'DONNELL: That’s not my understanding. We can go to the maker. My understanding was—we’ll have two understandings here if you tell us—I understood you to say LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you wanted a project having a one-story element to it, and I guess a two-story element to it. Perhaps I misunderstood what you wanted, and if you could explain it to us. COMMISSIONER JANOFF: No, that’s correct. My feeling is I’m not proposing that we dictate the size of the one-story or two-story, but I am concerned that if we only suggest that there might be a one-story/two-story we’ll get back the same kind of blocky structure maybe shifted on the property a little bit, but it doesn’t do much in general. CHAIR O'DONNELL: You did say the one-story would be so arranged as to improve the view, that is to say, I keep throwing out north, but I think it’s the north side of the property, which would open up the west side. Yes, that. So in other words, if they came with a one-story on the other side of the property, that’s not what you’re asking for. COMMISSIONER JANOFF: That’s correct. CHAIR O'DONNELL: Okay. Commissioner Hudes. COMMISSIONER HUDES: Questions for Commissioner Janoff. Do we have any evidence that’s been presented to us that suggests that they can accomplish a one-story/two- story solution in the range of square footage that we’re talking about, roughly 74,000? LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER JANOFF: I don’t have my ruler out, but looking at Drawing A-1.00, I’m looking at the footprint from the originally proposed 91,000 or 93,000 square foot project, and that building was, I don't know whether that’s the 44,000 or the 47,000 square foot project, but that’s the substantial area where I believe a two-story building could be constructed, and it does what Commissioner Hanssen suggests, and that’s pulling the building out closer to Alberto Way. However much or little of what would now be the top part of the L becomes one-story or remains two- story would be a question for the developer, but the point is that any modification to, as Commissioner O'Donnell refers to it, the north end of the proposed building, any modification of that that brings any portion of that to a single story would help preserve the view, so my recommendation is for them to consider how they can achieve the square footage, not necessarily proportioned two- story/one-story. COMMISSIONER HUDES: I mean I’m okay with recommendation to consider, but I’m concerned about a mandate to do this, because I don’t think there’s actually evidence that it could be accomplished, and I actually believe we had testimony earlier that said that any time you move the building closer to Alberto Way, you decrease LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the views, you obstruct the views of those hillsides. I’m okay with consider and explore. I don’t think we have evidence that would allow me to support a motion that says that’s a mandate to do a one-story/two-story. CHAIR O'DONNELL: Well, these in a sense are never mandates when you send it back and say I’d like you to try to do this. That’s really all you’re saying: I’d like you to try to do this. Now, they can come back and say we’ve done six drawings and you can’t do it, because here, let me show you, and if they do that, then they could convince us that it doesn’t work. COMMISSIONER HUDES: If that’s the motion, then I’m okay. CHAIR O'DONNELL: That’s my understanding. Is that correct, Commissioner Janoff? COMMISSIONER JANOFF: Yes. CHAIR O'DONNELL: So if it wasn’t worded correctly, we should make sure that it is worded as Commissioner Hudes wishes and as I think I’ve just said. COMMISSIONER HUDES: I would propose a couple other things to consider in that vein. One is whether Commissioner Hanssen’s suggestion to move the north setback would improve views as well. We said that that might be an “or,” or another option to improve views. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And the other item is actually coming back to something that’s an old idea that came up. There was actually quite a bit of testimony from residents that a dog park wasn’t necessarily the best use, and so I was again suggesting that while it be publicly accessible open space, that the Applicant explore potentially other uses for that space that might be more attractive to the neighbors. CHAIR O'DONNELL: Let me again say something, because I’m trying to understand this as we’re going along, too. I understand Commissioner Janoff wanting the view, but I also understand her to say the architectural look would be improved by the single-story and the two-story as opposed to the whole thing being two stories, so we’re really dealing with two things. One would be we really want to improve the view there, and that could either be done by what you’re suggesting now, or it could be done by this one story. Maybe the one-story will not improve the view enough, but the suggestion you’re making may. Or not if it’s going to improve it enough, but improve it greatly, so you could put both things. In other words, I understand the motion simply to be let’s see what we can do with a one-story/two-story, making the two-story bigger than it presently is to try to get to the square footage the Applicant wants. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But also what we’ve heard is if we could expand the open space, that would be a big help too, and they should look at that. COMMISSIONER HUDES: I was referring to the use… CHAIR O'DONNELL: The dog park. COMMISSIONER HUDES: Right, and not to expand it, but to allocate potentially a different use that the residents would prefer. CHAIR O'DONNELL: Yes, all right. So will the maker of the motion incorporate those two suggestions? COMMISSIONER JANOFF: Yes. CHAIR O'DONNELL: And will the seconder? COMMISSIONER BURCH: Yes. CHAIR O'DONNELL: All right, I’m going to call, unless there’s further. VICE CHAIR KANE: There is. CHAIR O'DONNELL: Okay, go right ahead. VICE CHAIR KANE: I feel like we’re going down a very dangerous path. I’m very concerned about the precedent of ignoring so much passion in the Town Code, in the General Plan, Commercial Design Guidelines, only to hit a consistency to what? I don’t even know what, but there’s so much language in here, and there’s so much passion in our letters, and we’re supposed to be, “Input from surrounding LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 residents is a major consideration during any development,” and we’re playing numbers games, and we’ve been playing numbers from 96,000 to 84,000 to 72,000. I’m really distressed, and I’m sure that’s not clear, but I’d like to make it clear that we are ignoring provisions we have to protect and preserve the Town, which we are in danger of giving away, and I’m not going to support the motion unless we give guidance to further reduce the project and make it consistent with the guidelines we have, and especially listening to the neighbors. Everything we have is similar to what was there. Preserve and protect. We have 31,000 square feet there. The initial design was 94,000. I don’t think they read a word. Then we got it down to 74,000, and we got it down further, and Council suggested there might be another level. We’re giving that away, and we’re giving this language away, which we are going to need again in the future, so that’s my two cents. CHAIR O'DONNELL: All right, all those in favor of the motion, say aye. Commissioner Hanssen, you’re not voting on it? COMMISSIONER HANSSEN: I’m voting against. LOS GATOS PLANNING COMMISSION 1/10/2018 Item #2, 401-409 Alberto Way 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR O'DONNELL: Okay. So those opposed? So we have four for, and two opposed. It will be continued to a date certain. The date is? JOEL PAULSON: We’d like to add to the motion, if it’s okay with the maker of the motion and the seconder, to a date certain of February 28th, if I can read that far. February 28th, so approximately six weeks. Should the Applicant choose to not make any changes, that will come back then. The only other option they would have would be to pay for additional noticing for a new public hearing, and so we will make sure they understand those options. But if it’s okay with the maker and the seconder, to February 28th, and then we would need consensus from the Commission. CHAIR O'DONNELL: Yes. JOEL PAULSON: So it’s continued to February 28th. Thank you. CHAIR O'DONNELL: Thank you.