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Staff Report PREPARED BY: JENNIFER ARMER Senior Planner Reviewed by: Town Manager, Town Attorney, Community Development Department Director, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 03/20/2017 ITEM NO: 11 DATE: MARCH 12, 2018 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ARCHITECTURE AND SITE APPLICATION S-15-056, CONDITIONAL USE PERMIT APPLICATION U-15-009, AND ENVIRONMENTAL IMPACT REPORT EIR-16-001. PROJECT LOCATION: 401-409 ALBERTO WAY. PROPERTY OWNER: CWA REALTY. APPLICANT/APPELLANT: LP ACQUISITIONS, LLC. CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO DEMOLISH THREE EXISTING OFFICE BUILDINGS AND CONSTRUCT A NEW, TWO-STORY OFFICE BUILDING WITH UNDERGROUND PARKING ON PROPERTY ZONED CH. APN 529-23-018. RECOMMENDATION: Adopt a resolution denying the appeal of the Planning Commission decision denying Architecture and Site application S-15-056 and Conditional Use Permit application U-15-009. BACKGROUND: The project site is an approximately 2.15-acre parcel developed with three, two-story wood frame multi-tenant office buildings with on-grade parking and daylighted basement areas. The existing buildings on the site were constructed in the mid-1960s and comprise approximately 31,000 square feet. The existing buildings on-site are 24 to 35 feet in height. The project vicinity contains a multi-family residential development located to the north of the project site. Multi-family housing, office, and a hotel are located to the east (across Alberto Way). A hotel is located across Los Gatos – Saratoga Road to the south of the project site and an on-ramp to northbound State Route 17 is located west of the site. PAGE 2 OF 7 SUBJECT: 401-409 ALBERTO WAY/S-15-056, U-15-009, AND EIR-16-001 MARCH 12, 2018 C:\Users\slombardo\Desktop\Council Meeting\11 Staff Report Alberto Way.docx 3/15/2018 3:44 PM BACKGROUND (Continued): The Planning Commission considered the applications on August 10, 2016, and August 24, 2016. The applications were continued to October 26, 2016 with specific direction from the Planning Commission. The project was then continued to January 11, March 22, April 12, and May 10, 2017 to allow the applicant additional time for revisions, responses to comments, and outreach with the neighbors. On May 10, 2017, the Planning Commission denied the applications. The decision of the Planning Commission was appealed by the applicant on May 19, 2017. The applications were considered by the Town Council with public comment heard on September 19, 2017 and Council deliberations on October 3, 2017. The appeal was granted and the Town Council remanded the applications to the Planning Commission to consider additional modifications offered by the applicant (Attachment 1, Exhibit 7). Upon remand, the Planning Commission considered the applications on December 13, 2017, and continued the matter to January 10, 2018 due to the lateness of the hour. On January 10, 2018, the Commission considered the applications and continued the project with specific direction that the applicant consider additional modifications described later in this report. The applicant submitted a letter on January 30, 2018, explaining that additional modifications to the project are not feasible (Attachment 10, Exhibit 27). On February 14, 2018, the Planning Commission denied the applications, as discussed in more detail in the Discussion section of this report. The decision of the Planning Commission was appealed by the applicant on February 23, 2018. Pursuant to Town Code Section 29.20.280, the appeal must be heard within 56 days of the Planning Commission hearing. The Council must at least open the public hearing for the item, but may continue the matter to a date certain if the Council does not complete its work on the item. If the Council determines that the appeal should be granted and that the Planning Commission's decision should be reversed or modified, the Council must make one or more of the following findings, in accordance with Town Code Section 29.20.300: 1. There was error or abuse of discretion on the part of the Planning Commission; or 2. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 3. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. This Code section also states that if the only or predominant reason for modifying or r eversing the decision of the Planning Commission is the availability of new information as defined in item 2 above, it is the policy of the Town that the application will be returned to the PAGE 3 OF 7 SUBJECT: 401-409 ALBERTO WAY/S-15-056, U-15-009, AND EIR-16-001 MARCH 12, 2018 C:\Users\slombardo\Desktop\Council Meeting\11 Staff Report Alberto Way.docx 3/15/2018 3:44 PM BACKGROUND (Continued): Commission for review in light of the new information unless the new information has minimal effect on the application. To support the finding(s), the Council must also identify specific facts for incorporation into the resolution (Attachment 16 if remanding to the Planning Commission or Attachment 17 if granting the appeal). DISCUSSION: A. Project Summary The modified project, submitted to Planning Commission for review on December 13, 2017, is the redevelopment of the project site with the d emolition of the existing buildings and the development of a new office building that would be consistent with the zoning and General Plan designation for the site. The project is planning to attain a Leadership in Energy and Environmental Design (LEED) Gold certification. The proposed project would create a new two-story office building totaling 74,260 square feet with 260 parking spaces in a two-story below-grade parking structure and 38 parking spaces at grade for a total of 298 parking spaces. Amenities and site improvements for the project include bike storage, new landscaping, and a variety of energy efficient and/or sustainable interior and exterior building elements. The proposed building has a front setback of between 63 feet and 125 feet along Alberto Way; a side setback of 55 feet bordering the multi-family housing to the north; and street side and rear setbacks of 15 feet along Los Gatos – Saratoga Road, and the Caltrans property along the Highway 17 on-ramp. The proposed building would be a maximum of 30 feet, six inches high at the top of the highest mansard roof. Building materials would consist of painted stucco, limestone tile, bronze window frames, wrought iron guard rails, dark bronze canopy and trellis, and clay tile mansard roof. A color and materials board will be available at the public hearing. The story poles have been updated to reflect the modified project that was presented to the Planning Commission on December 13, 2017 to show the location, general massing, and height of the proposed building. PAGE 4 OF 7 SUBJECT: 401-409 ALBERTO WAY/S-15-056, U-15-009, AND EIR-16-001 MARCH 12, 2018 C:\Users\slombardo\Desktop\Council Meeting\11 Staff Report Alberto Way.docx 3/15/2018 3:44 PM DISCUSSION (Continued): B. Planning Commission On December 13, 2017, the Planning Commission considered the applications and continued the matter to January 10, 2018 due to the lateness of the hour. On January 10, 2018, the Commission considered the project and continued the project with specific direction that the applicant consider additional modifications summarized here: 1. Building Design: Consider a redesign to maximize views of the hills. Specifically, do so by moving the second story closer to the intersection of Alberto Way and Los Gatos - Saratoga Road, and away from the northern property line. 2. Setback: Consider increasing the setback from the northern property line for the whole building, not just the second story. 3. Use of Open Space: Consider a use other than a dog park for the proposed open space. On January 30, 2018, the applicant submitted a letter explaining that additional changes to the project are not feasible (Attachment 10, Exhibit 27). On February 14, 2018, the Planning Commission unanimously denied the project due to concerns regarding the project’s overall size; loss of views; inconsistency with the neighborhood; traffic concerns; compliance with the Community Expectations section of the Commercial Design Guidelines; and inconsistency with the General Plan. The verbatim minutes for the February 14, 2018 meeting are included as Attachment 12. C. Appeal to the Town Council On February 23, 2018, the decision of the Planning Commission was appealed to the Town Council by the applicant (Attachment 13). Supporting comments and materials were provided with the appeal. The reasons for the appeal are listed below, followed by staff comments in italic font. 1. The appeal identified that the Planning Commission erred or abused its discretion in that the decision was not based on substantial evidence. The Planning Commission was provided and considered all of the materials provided by staff, the public, and the appellant, and the Commission’s discussion included both the objective and subjective standards that apply to this discretionary project. The applicant noted that the Planning Commission did not adopt findings to deny the Project. PAGE 5 OF 7 SUBJECT: 401-409 ALBERTO WAY/S-15-056, U-15-009, AND EIR-16-001 MARCH 12, 2018 C:\Users\slombardo\Desktop\Council Meeting\11 Staff Report Alberto Way.docx 3/15/2018 3:44 PM DISCUSSION (Continued): The project denial was stated to be based, in part, on conflicts with specific portions of the General Plan, which is the first of four possible findings for denial under Town Code Section 29.20.190(c). The applicant noted that the Planning Commission rejected the modified project without considering that the changes they requested conflicted with prior Council and Commission direction and conflicted with the Town’s policies and Commercial Design Guidelines. The Planning Commission reviewed the modified project and found that there were still significant concerns including the project’s overall size; loss of views; inconsistency with the neighborhood; traffic concerns; compliance with the Community Expectations section of the Commercial Design Guidelines; and in consistency with the General Plan. The applicant further claims that the Planning Commission should have certified the Environmental Impact Report (EIR). A deciding body is not required to make a CEQA determination for project denial. 2. The appeal does not claim there is new information . 3. The appeal claims that the Planning Commission did not have discretion to modify or address the following issue or policy that is vested with the Town Council in that, as referenced in the previous appeal, the project does meet the standards and objectives of the General Plan and the Commercial Design Guidelines, and that in denying the project the Planning Commission only considered one of the guidelines in the Commercial Design Guidelines and only one of the policies in the General Plan, rather than looking at both documents in their entirety as adopted by the Town Council. The Planning Commission discussion included both the objective and subjective standards that apply to this discretionary project, and focused particularly on those items of concern. CONCLUSION: It is recommended that the Town Council adopt a resolution denying the appeal and denying the project (Attachment 15). PAGE 6 OF 7 SUBJECT: 401-409 ALBERTO WAY/S-15-056, U-15-009, AND EIR-16-001 MARCH 12, 2018 C:\Users\slombardo\Desktop\Council Meeting\11 Staff Report Alberto Way.docx 3/15/2018 3:44 PM ALTERNATIVES: Alternatively, the Council may: 1. Adopt a resolution (Attachment 16) to grant the appeal and remand the applications to the Planning Commission with specific direction, determining that the Planning Commission's decision should be reversed or modified, and finding one or more of the following, in accordance with Town Code Section 29.20.300: a. There was error or abuse of discretion on the part of the Planning Commission; b. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or c. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision; or 2. Adopt a resolution (Attachment 17, includes Exhibit A, Exhibit B, and Exhibit C) granting the appeal, certifying the EIR, and approving the project, and finding one or more of the following, in accordance with Town Code Section 29.20.300: a. There was error or abuse of discretion on the part of the Planning Commission; b. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or c. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision; or 3. Continue the application to a date certain with specific direction. COORDINATION: The Community Development Department coordinated with the Par ks and Public Works Department and the Santa Clara County Fire Department in the review of the applications. ENVIRONMENTAL ASSESSMENT: An Environmental Impact Report (EIR) (Attachment 1, Exhibit 1) was prepared for the project by the Town’s Environmental Consultant, EMC Planning Group Inc. (available online at www.losgatosca.gov/401-409AlbertoWay). The project will not result in a significant effect on the environment because mitigation measures have been added for Air Quality, Biological Resources, Cultural Resources, Hazardous Materials, and Transportation and Traffic, mitigating potential impacts to a less-than-significant level. As part of the environmental review process a number of technical reports were prepared, including air quality and Green House Gas (GHG) modeling, an arborist report, Phase I Environmental Site Assessment, noise and vibration, geotechnical, storm water management, and traffic analyses. Reports that were prepared by outside consultants were peer reviewed by Town Consultants. PAGE 7 OF 7 SUBJECT: 401-409 ALBERTO WAY/S-15-056, U-15-009, AND EIR-16-001 MARCH 12, 2018 C:\Users\slombardo\Desktop\Council Meeting\11 Staff Report Alberto Way.docx 3/15/2018 3:44 PM ENVIRONMENTAL ASSESSMENT (Continued): The Notice of Preparation was distributed on December 14, 2015, for a 30-day comment period ending January 15, 2016. A scoping meeting was held on January 12, 2016. Comments received are included as Appendix A to the Draft EIR. The Notice of Availability for review of the Draft EIR (DEIR) was released on April 29, 2016, with the 45-day public review period ending on June 13, 2016. On June 8, 2016, the Planning Commission held a public hearing to accept comments on the DEIR. Verbal comments were received from one individual (who also submitted written comments). Written comments on the DEIR were received from two public agencies and eight individuals (including the project applicant). The Response to Comments/Final EIR was completed on June 29, 2016 (Attachment 1, Exhibit 2). A Mitigation Monitoring and Reporting Program (MMRP) (Attachment 1, Exhibit 2) has been prepared as required by CEQA. The MMRP includes all mitigation measures and which Town Department(s) is/are responsible for ensuring that the mitigation measure is properly implemented. All mitigation measures are also included in the conditions of approval (Attachment 17, Exhibit B). Attachments: 1. December 13, 2017 Planning Commission Staff Report (with Exhibits 3-14) 2. December 13, 2017 Planning Commission Addendum Report (with Exhibits 15-16) 3. December 13, 2017 Planning Commission Addendum B Report (with Exhibits 17 -20) 4. December 13, 2017 Planning Commission Desk Item Report (with Exhibit 21) 5. December 13, 2017 Planning Commission Verbatim Minutes (107 pages) 6. January 10, 2018 Planning Commission Staff Report (with Exhibits 22-24) 7. January 10, 2018 Planning Commission Addendum Report (with Exhibit 25) 8. January 10, 2018 Planning Commission Desk Item Report (with Exhibit 26) 9. January 10, 2018 Planning Commission Verbatim Minutes (70 pages) 10. February 14, 2018 Planning Commission Staff Report (with Exhibits 27-28) 11. February 14, 2018 Planning Commission Desk Item Report (with Exhibit 29) 12. February 14, 2018 Planning Commission Verbatim Minutes (43 pages) 13. Appeal of the Planning Commission decision, received February 23, 2018 14. Public Comments received 11:01 a.m. Wednesday, February 14, 2018 to 11:00 a.m. Thursday, March 15, 2018 15. Draft Resolution to deny the appeal and deny the project 16. Draft Resolution to grant the appeal and remand the project to the Planning Commission 17. Draft Resolution to grant the appeal and approve the project (includes Exhibits A, B, and C) Distribution: Shane Arters, LP Acquisitions, LLC, 535 Middlefield Road, Ste. 190, Menlo Park, CA 94025