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Addendum 3�QV4 0 MEETING DATE: 06/03/13 ITEM NO: ADDENDUM 3 !ps GASOS COUNCIL AGENDA REPORT DATE: MAY 31, 2013 TO: MAYOR AND TOWN COUNCIL _ FROM: GREG CARSON, TOWN MANAGER SUBJECT: PLANNED DEVELOPMENT APPLICATION PD -12 -001 • ARCHITECTURE AND SITE APPLICATION S -12 -078; AND ENVIRONMENTAL IMPACT REPORT EIR -12 -003. PROJECT LOCATION: 90 -160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD. PROPERTY OWNER: LG BUSINESS PARK, LLC. APPLICANT: JOHN R. SHENK. A. CONSIDER A REQUEST TO MODIFY THE EXISTING PLANNED DEVELOPMENT TO ALLOW FOR REDEVELOPMENT OF THE EXISTING SITE WITH UP TO 550,000 SQUARE FEET OF NEW OFFICE /R &D BUILDINGS AND APPROVAL TO CONSTRUCT THE IMPROVEMENTS REPRESENTED IN THE PLANNED DEVELOPMENT ON PROPERTY ZONED CM:PD. APNS 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, AND 063. B. CONSIDER A REQUEST FOR ARCHITECTURE AND SITE APPROVAL FOR THE PROPOSED PROJECT. C. CONSIDER CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT AND MITIGATION MONITORING AND REPORTING PROGRAM. Continued from May 20, 2013, Itent 7 On May 20, 2013, the Town Council held a public hearing on this item. However, the public input portion for this item was not completed and the agenda item was continued to June 3, 2013, PREPARED BY: Todd Capurso, Acting Director of Community Development Reviewed by: J Assistant Town Manager own Attorney Finance 47—T N:\DEV \TC REPORTS\2013Uune 3 Albright ADD3.doc Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 90 -160 Albright Way and 14600 Winchester Blvd. /PD- 12- 001 /5 -12- 078 /EIR -12 -003 May 31, 2013 Public Corninents After the staff report, Addendum, Desk Item A, Desk Item B, and Addendum 2 were prepared and distributed, additional correspondence was received for the period of 12:01 p.m. Thursday, May 30, 2013, through 4:30 p.m. Friday, May 31, 2013 (Attachment 20). Traffic and Parking Additionally, the Town's traffic consultant (TJKM) has submitted a letter addressing traffic and parking concerns (Attachment 21). ATTACHMENTS: Attachments 1 -6 (previously received under separate cover, prior to the staff report): 1. Draft Environmental Impact Report 2. Final Environmental Impact Report Responses to Comments 3. Mitigation Monitoring and Reporting Program 4. Report to the Planning Commission for the meeting of April 24, 2013 5. Addendum to the Plamling Commission for the meeting of April 24, 2013 6, Desk Item Report to Planning Commission for the meeting of April 24, 2013 Attachments 7 -15 (previously received with the staff report): 7. Verbatim minutes from the April 24, 2013 Planning Commission hearing (173 pages) 8. Public comments received from 1:00 PM on April 24, 2013, through 12:00 PM on "March 16, 2013 (281 pages) "Please note —the original staff report incorrectly listed "March 16". This should be "May 16 ". 9. Additional Letter of Justification from the applicant (14 pages) 10. Errata Sheets (2 pages) 11. Resolution certifying the Envirommental Impact Report (6 pages), Exhibits A & B received under separate cover 12. Fiscal Impact Analysis from the applicant (28 pages) 13. Additional information from the applicant (3 8 pages) 14. Comparison table (1 page) 15. Revised plan sheets (3 pages) Attachments previously received with Addendum:. 16. Public comments received from 12:01 p,m. on May 16, 2013, through 12:00 p.m. on "March 17, 2013 (19 pages) "Please note — the original staff report incorrectly listed "March 17". This should be "May 16 ". PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 90 -160 Albright Way and 14600 Winchester Blvd. /PD -12- 001 /5 -12- 078 /EIR -12 -003 May 31, 2013 Attachments previously received with Desk Item A: 17. Public comments received from 2 :01 p.m. May 17, 2013, through 9:00 a.m. May 20, 2013 (43 pages) Attachments previously received with Desk Item B: 18. Public comments received from 9:01 a.m. May 20, 2013, through 3:00 p.m. May 20, 2013 (28 pages) Attachments previously received with Addendum 2 19. Public comments received from 3:01 p.m. May 20, 2013, through 12 :00 p.m. May 30, 2013 (101 pages) Attachments received with this Addendum 3 20. Public comments received from 12:01 p.m. May 30, 2013, through 4:30 p.m. May 31, 2013 21. Letter dated May 30 from the Town's traffic consultant TJKM (2 pages) TC:JP:ct THIS PAGE INTENTIONALLY LEFT BLANK From: BSpector Sent: Thursday, May 30, 2013 12:43 PM To: Greg Larson Subject: FW: Facts on Albright Parking - answers from Joel From: anne4pt @aol.com [anne4pt @aol.comj Sent: Thursday, May 30, 2013 9:16 AM To: BSpector Subject: RE: Facts on Albright Parking - answers from Joel Dear Mayor Spector Below are questions that I asked Joel regarding the parking for the proposed Albright Office Park. One of the concerns Charter Oaks residents have besides the vehicle circulation of the proposed development and the proximity of the 4 -level parking garage with optional solar panels to our homes is where employees will park if there is a deficit of 415 parking spaces. Employee density was based on a low number for Silicon Valley, and I did talk to my friend an executive at Cisco. He said they are selling their buildings and increasing employee density. Joel Here are my questions: Is it accurate that office buildings in LG require 1 parking stall per 235 sq ft of building? Yes that is the requirement in the Zoning Ordinance. Is it accurate that Albright because it is a PD got an exception and has 1 parking stall per 303 sq ft of building? Yes they are requesting an exception to allow for 1 space per 303 square feet of building. It should be noted that the proposed A &S will provide 1 space per 285 square feet of proposed building. This would mean for the additional 300,000 sq ft added to the existing 250,000 that there would be 990 (300,000 divided by 303) employees if you use parking stalls to count employees. Is that correct? Yes, but the Zoning Ordinance does not use parking stalls to count employees or the number of employees to determine the number of parking stalls. Did the traffic study use the number of parking spaces to calculate the number of employees to analyze /study the traffic impacts? No the traffic study used building square footage, If the proposed development went by the 1 parking stall per 235sq ft of building (550,000 sq ft total), there should be 2,340 parking spaces - correct? Yes. But the proposed development only has 1,915 parking stalls - correct? 1,925 parking spaces are proposed in the A &S application. A difference of 425 parking stalls - correct? Or There is a 415 space difference between what is required by the Zoning Ordinance versus the proposed A &S. If they had used the 235 sq ft per parking stall instead of 303 per parking stall they would be an additional 1,277 employees not 990 employees for the additional 300,000 sq ft, so the traffic study would have had to use 1,277 vehicle trips instead of 990 vehicle trips. The Zoning Ordinance does not use parking stalls to calculate employees. Where are all of these people going to park if there are not enough spaces? Other PD applications, including the existing PD, have been approved with similar or greater parking exceptions and to date parking has not been an issue and we do not believe parking will be an issue for the proposed project. Thanks, Anne Robinson ATTACHMENT 20 Here are additional questions to Joel - still waiting for a response from him Why do you believe parking will not be an issue? If parking is an issue and there are not enough parking stalls, where will the employees park? There is a deficit of 415 parking stalls? What happened to underground parking? Why are we granting an exception? Do you think your assessment of parking is good enough to make the decision over a required criteria? Why isn't there a correlation between how the town calculates parking needs and the number of expected employees and the trip generation rates? Thank you, Anne Robinson From: John Shepardson [mai Ito: shepardsonlaw(ame.com] Sent: Thursday, May 30, 2013 3:09 PM To: Council Subject: ALBRIGHT (Return on Investment) Dear Mayor Spector and Council Members: 1. 350K environmentally superior alternative (JS: I like 4 buildings 35 feet high at 75K square feet, with underground parking,). The position that 550K should be pursued because of the VTA is undercut by the lack of funding, and public objection to paying 175M for the 1.6 mile light rail extension. We pay for that with taxes to Santa Clara County. http: / /www.mercurynews,com /traffic /ei 22082567 /vta -light -rail- extension- los- gatos- 175 -million "You could buy every one of (the riders) a Bentley and a driver," said Dave Fadness, a longtime Santa Clara County transportation c "The stars are lined up now," said VTA vice chairman Joe Pirzynski, a Los Gatos councilman. "I think there's no question that this cc Pirzynski touted the line as a new way for West Valley residents -- particularly seniors and youths -- to get around. Still, he conceded the VTA board is not locked into the project and the rider estimates are at the "forefront" of their minds. "There are some who say, 'If you build it they will come,' but, at the same time, that can't be a wish. It has to be validated," Pirzynski evaluation and take a long, hard look at the benefit." The Los Gatos line would feature fewer riders per mile than 13 of 14 light -rail extensions proposed around the nation, according to Salt Lake City would have fewer passengers. At the time that line was built, there was not enough money to extend it to Los Gatos, and funding is still an obstacle, Part of the money 4 earmarked for transportation projects, while officials are hoping to secure the rest with matching grants from the federal and state goverr Washington for big spending. VTA spokeswoman Brand! Childress said the project is still competing for funding with other South Bay transportation needs, including the Eastridge Mall in East San Jose. That 2,3 -mile line is estimated to cost $310 million and attract fewer than 1,000 riders a day, VTA estima The VTA's estimates show that from 2015 to 2035, the Los Gatos leg would carry an additional 430 one roundtrips, That's 0.007 percent of the town's population. (empha6 2. Developer is rejecting based on money, ROI. 3. EPS: ROI 6.3% 350K; 7.1% 550K. 4. NetFix public filing shows 6' )M for 10 year lease on 137,500 sq. ft. = effective rate of $46.11 sq. ft. 5. EPS is only projecting $40 sq. ft. which equates to a 63% return, 6. If use the actual Netflix lease, ROI appears to be above threshold rate of 7 %, and developer makes sufficient monies to proceed with environmentally superior alternative. 7. 350I{ x $46.11/ sq. ft. _ $16,138.50. 8, Development costs 199M. 9. Effective rate of return with Netflix lease = 16M divided by 199M = 8.4 %. 10. 8.4% is well above EPS's typical threshold rate of 7 to 9 %. 11. Lease rate based on discounts provided to single- tenant users. However, if smaller tenants seek to use buildings, the lease rates per square foot should be higher. 12. Carlyle doesn't invest unless they have a very good chance to make a very high rate of return. They must have calculated rates of return far higher than EPS. Moreover, Carlyle must have conducted a much more through analysis than EPS. 13. Therefore, can we get Carlyle's calculations for ROIs? Sand Hill? In sum, the existing lease tends to suggest that the developer will earn well over the threshold rate of 7% on the first phase build -out under its lease with Netflix. Netflix has options on the other buildings, and I assume the lease rate is the same or similar. Can we get the actual lease? And the actual lease options? Smaller tenants would probably pay a higher lease rate. The exclusive site in Los Gatos will put the project in a category more akin to Mountain View or Palo Alto than San Jose or even Campbell. Thank you for considering this email, and I'm sorry for all the emails, and at times rush of information. The time is short, we are learning as we go, and the project is the biggest in the Town's history, and so the proportionate emails to get you information we believe important to your decision. JS:) JOHN A. SHEPARDSON, ESQ. 59 N. Santa Cruz Avenue, Suite Q Los Gatos, CA 95030 T: (408) 395 -3701 F: (408) 395 -0112 From: John Shepardson [shepardsonlaw @me.comj Sent: Thursday, May 30, 2013 6:20 PM To: BSpector; Steve Leonardis; Marcia Jensen Subject: Albright Development From: John Shepardson «mailto: shepardsonlaw @me.com > <mailto: shepardsonlaw@ me. com >shepardsonlaw @me.com <maiIto :shepardsonlaw @me.com>> Date: May 29, 2013 12:49:08 PM PDT To: <mailto:council @losgatosca.gov> <mailto:council @losgatosca.gov> council @losgatosca. gov <mailto:council @losgatosca.gov> Subject: Albright Development Dear Mayor and Council Members: 1. <http: / /www.mercur\/news,com /peninsula /ci 22719389 /edgewood- plaza - project - allowed- continue- despite- grave- error> <http: / /www.mercurynews,com /peninsula /ci 22719389 /edgewood- plaza- prolect- allowed- continue - despite- grave- error> http: / /www,mercurynews.com /peninsula /ci 22719389 /edgewood- plaza -pro ject - allowed- continue- despite -grave -error Sand Hill knocked down an historical building in Palo Alto. 2. Sand Hill involved in delaying litigation in Sunnyvale, and the City comments unfavorably on developer's actions. <htti): / /sunnyvale.ca .gov /Portals /0 /Sunnyvale /news releases/ 2012 /NR %2005 %2012 %2012 %020 - %20STC .pdf ><http: / /sunnyvale.ca.gov /Portals /0 /Sunnyvale /news releases /2012/NR %2005 %2012 %201 2%20 - %20STC .pdf >http: / /sunnyvale.ca.gov /Portals /0 /Sunnyvale /news releases /2012/NR %2005 %2012 %2012 %20- %20STC. pdf 3. Sand Hill Website list's Albright property ( "Grove ") as a "Stablized" project. I was told by a Sand Hill representative that "Stablized" means a completed construction project and generating rents. Sand Hill has not engaged in any construction. Why has Sand Hill made this post? Has the property already been pre- approved for development? < shpco _logo.png > <http: / /shpco.com /> * Home<http: / /shpco.com /> * Company Profile <http: / /shpco,com /profile /index.php> * Contact Us<http: / /shpco.com /profile /contact us.php> * The Team<http: / /shpco.com /profile /the team,php> * Active Projects <http: / /shpco,com /active projects /> * Stabilized Projects <http: / /shpco.com /stabilized projects /> * Past Projects <http: / /shpco.com /past projects /index.php> * Mixed Use<http: / /shpco.com /past projects /mixed use,php> * Retail<http: / /shpco.com /past projects /retail.php> * Office<http: / /shpco.com /past projects /office,php> * Hotel <http: / /shpco.com /past projects /hotel.php> * Industrial <http: / /shpco.com /past projects /industrial.php> Project Locations <http: / /shpco,com /locations> Stabilized Projects * BROKAW SHOPS, SAN JOSE <http: / /shpco.com /stabilized projects /existing bs php> * THE GROVE, LOS GATOS <http: / /shpco,com /stabilized projects /existing Igbp php> * MARRIOTT RESIDENCE INN, LOS ALTOS<http: / /shpco.com /stabilized projects /existing mri php> * PEDRO POINT, PACIFICA <http: / /shpco.com /stabilized projects /existing pp php> * QUITO VILLAGE SHOPPING CENTER, SARATOGA <http: / /shpco.com /stabilized projects /existing gvsc php> * SARATOGA OFFICE CENTER, SARATOGA<http: / /shpco.com /stabilized projects /existing soc.php> * WESTSHORE OFFICE PARK, REDWOOD CITY< http: / /shpco.com /stabilized projects /existing wop.php> * WHOLE FOODS MARKET, CUPERTINO <http: / /shpco.com /stabilized projects /existing wf php> 4. Traffic: Why doesn't the developer provide direct access off 85 onto the Albright property? Wouldn't this reduce the traffic impacts greatly? 5, The VTA has provided a letter in support of 550K, and Council Member Pirzynski is on the Board of the VTA. Do these facts have any ramifications for this vote as a Los Gatos Town Council Member? <http://www.ktvu.com/ videos/ news /los- gatos- proposal -to- extend -vta- light -rail- coming/vjTxg/><http://www.ktvu.com/ videos / news /los- gatos- proposal -to- extend -vta- light -rail- coming /vjTxg / >http: / /www.l<tvu.com /videos /news /los- gatos- proposal -to- extend -vta- light -rail- coming /vjTxg/ Council Member Pirzynski mentions the proposal of 550K of commercial office space at Albright. Is there is difference in values and goals between Los Gatos's desire to keep its small town character and follow its General Plan, and the VTA's goals to promote high density commercial and residential projects along the rail lines? How much weight should we give to the VTA when the funding may never occur? Should we give it more weight when funding arrives? Should we build it, and hope the funding will then be provided? Joe Pirzynski and Michael T. Burns: VTA turns 25 and looks to the Valley's light rail future By Joe Pirzynski and Michael T. Burns Special to the Mercury News Posted: 12/20/2012 02 :00:00 PM PST Updated: 12/25/2012 08:35:04 PM PST When the first light rail line opened in 1987, a new era in modern transit service emerged, symbolizing imminent growth and resolute vision for the Santa Clara Valley Transportation Authority and Silicon Valley. The nine -mile, 12- station light rail line would be the first of nine segments to be delivered over 25 years of expansion. Today, VTA light rail spans 42.2 miles and 62 stations with connections to VTA bus and paratransit services, Caltrain, ACE, Capitol Corridor and one day BART. The goal was to build a mass transit system that would serve the ever - growing urbanized area of Silicon Valley, serving as a transportation alternative and a driver of economic development. Like Silicon Valley, the VTA light rail system has evolved through decades that have seen economic booms and busts with which transit ridership is so closely tied. Despite times of hardship, VTA has successfully delivered on the promise to voters to build a light rail system worthy of the 10.5 million trips taken this year, These are trips that otherwise would have been made in cars on already overcrowded roadways. More than a mobility option, the light rail system is the backbone to VTA's entire public transportation network that will have carried over 42 million people by year's end, Besides being a major contributor to reducing traffic congestion and harmful carbon emissions, light rail stimulates growth. It becomes more than just moving people from point A to point Advertisement B, but about how transit transforms point A and point B. Development and investments made in and around transit stations and corridors will help to meet goals of reduced congestion and air pollution. It is imperative that VTA, cities, the county and greater Bay Area continue to work together toward this vision of decades past and future generations. In this spirit, VTA has adopted a 20 -year light rail investment program that identifies efficiencies and capital improvements that will adapt operations to be more innovative and relevant. For example, the VTA Commuter Express service launched in 2010 was the first to offer a faster, more direct light rail trip by skipping stations between south San Jose and downtown San Jose, Riders have shaved 36 percent off their travel time and VTA has seen,a 27 percent increase in ridership, By 2018, when BART service extends through Milpitas and into the northern area of East San Jose, VTA is planning to operate express trains throughout the entire system, connecting people from all over the Bay Area to Silicon Valley through VTA's light rail and bus network. As the county continues to house and employ more people, the growing demand for a green alternative to driving and well - planned communities will mature transit ridership. Our resolve is to continue to deliver improvements to get a better return on the investment made in the light rail system, making an even greater impact than what has already been made in the last 25 years. Joe Pirzynski is the Santa Clara Valley Transportation Authority board vice chair, and Michael T. Burns is VTA's general manager. They wrote this for this newspaper. 6. If the "Google Effect" in terms of high density workers /thousand square feet is 7 /thousand square feet, what will traffic impacts be? 7. Can we get nighttime photo simulations of the developer's proposal? Shouldn't we have them given the magnitude of the project? 8, What is the probability the funding for the VTA light rail extension of $175M will occur in the next 5, 10, 15, 20 years? 9, Can we get a copy of the Netflix lease? 10, Will Netflix leave Los Gatos if the property is built out to 350K per the EIR recommendation? 11. When is Sand Hill's Gateway project going to be built? We are going on 4 years. Is there possible litigation because of his failure to act? Was there a construction contract? Is there a construction deadline for Albright? 12. Who are the actual developers of Albright? 13. With only 1 road in, are there safety issues? 14. Since underground parking worked at the present Netflix site, why not Albright? What are the environmental impacts? What are the financial costs? 15. At one point would the rental rates allow the developer to earn 7% or greater at a build -out of 350K? 16. EPS report "EPS has identified a development return of 7 percent as the minimum 'hurdle rate' required for development feasibility." [This not the developer's hurdle rate.] "In addition to a reconfiguration of the existing surface parking, the Proposed Project would include a structured parking garage to accommodate the site's parking." [Higher employee /office densities will probably result in insufficient parking.] "A development project that generates returns below the feasibility "hurdle rate" of 7 percent is unlikely to attract the necessary financing and would likely not result in development." [Isn't the financing already in place? So if the project does not generate a projected 7 %, the project will not be developed ?] "To identify an appropriate lease rate, EPS reviewed market comparables in the Silicon Valley region, as there are few, if any, appropriate comparables available in Los Gatos specifically." "In addition, unlike most of the available office development reflected in the comparables, these buildings are designed to attract single- tenant users who will take the full square footage." [What if they don't, then higher rate of return? What if Netflix leaves, who rents ?] 17. Market Information Silicon Valley: Commercial Real Estate Mega -Deal Involves 73 Office And Research Buildings Quoting from <http: / /www.huffingtonpost.com /2013/03/21/ silicon - valley - commercial -real- estate n 2925965.htmI> <http: / /www, huff ington post.com/ 2013 /03/21/ silicon - valley - commercial -real- estate n 2925965.html> http://www.huffingtonpost,com/ 2013 /03/21/ silicon - valley - commercial -real- estate n 2925965.html TPG and DivcoWest, in addition to paying $400 million in cash for the buildings, assumed $400 million in debt, according to a person with Knowledge of the deal. "This investment enables us to acquire a critical mass of assets in a rental market that is seeing one of the best growth rates in the United States," Bill Tresham, president of global investments with Ivanhoe Cambridge, said in a prepared release, (emphasis added) Quoting from <http: / /www.mercurynews.com /real- estate /ci 22831654 /canadian- and - american- realty- investors -pay- more -than> <http: / /www.mercurynews.com /real- estate /ci 22831654 /canadian -and- american - realty - investors - pay - more -than> http://www,mercurynews.com/real- estate/ci 22831654 /canadian- and - american- realty- investors - pay -more -than By George Avaios Oakland Tribune Posted: 03/21/2013 09:59:58 AM PDT Updated: 03/21/2013 10:00:21 AM PDT Leasing activity has been brisk the past two years in Silicon Valley, with the charge led by major expansions of Cupertino -based (AAPL <http: // marl< ets. financialcontent .com /mng- ba.siliconvalley /quote ?Symbol = AAPL >) and Mountain View -based Google <http: / /www.siliconvalley.com/ topics? Google %201nc. >(GOOG< http : / /markets,financialcontent,c om /mng- ba.siliconvalley /quote ?Symbol= GOOG >). Linkedln, Palo Alto Networks, Samsung, Lab 126 and Dell also have been growing and renting big chunks of office space. Thank you for your attention to this email. John JOHN A. SHEPARDSON, ESQ. 59 N. Santa Cruz Avenue, Suite Q Los Gatos, CA 95030 T: (408) 395 -3701 F: (408) 395 -0112 From: Connie Kirby [connie.kirby @gmail.com] Sent: Thursday, May 30, 2013 8:36 PM To: BSpector Subject: Albright Development Barbara.. I hope to attend Monday's meeting! But I wanted to write you personally because I have utter respect for you and your contributions to Los Gatos. I live behind Courtside. And for all of us, the current footprint for Albright is a nightmare. Traffic ... OMG! Without Albright, and with the new lights installed, I could not even make a turn from Winchester onto Lark this evening and sat through two lights, And I'm just coming out of Wimbleton. Building Height ... Good Grief ... 65" is gruesome and not at all in keeping with the General Plan. Indeed, why do we have a General Plan if it's pushed aside so easily, Barbara. Please consider rejecting the current plan and vote for something more reasonable for residents such as myself. Thanks, Most cordially, Connie Constance Kirby Los Gatos, CA www. cl< irbvconsulting. com< http : / /www.cl<irbVconsuiting.com> "When you find yourself in a hole, stop digging!" From: ahellmer(@comcast, net [mai Ito: ahellmer(cbcomcast, net] Sent: Thursday, May 30, 2013 10;15 PM. To: Council Subject: Comments Re; May 20th Meeting - Albright Way Project Dear Honorable Mayor Spector, and Los Gatos Town Council, Please see the attached letter and Enclosures (1) and (2) which address my serious concerns with the size of the proposed Albright Way Project. I appreciate your consideration in this matter. Respectfully, Anna Hellmer 147 Las Astas Drive Los Gatos, CA 95032 May 20, 2013 Dear Honorable Mayor Spector, and Los Gatos Town Council, I live in the TOWN of Los Gatos, not the CITY of Los Gatos, and I am not against Development —I am for reasonable, thoughtful Development, something within keeping with the surrounding area, and in accordance with the Los Gatos 2020 General Plan. I think we need to guard against being just another zip code on a Developers List where there is work to be found. The General Plan has all the guidance needed to create something that limits building heights to thirty -five (35) feet, it provides for keeping the magnitude of the new office space down to a level that fits in with the surrounding area, and, it tells us to keep those scenic vistas intact because that is what gives Los Gatos its "Small Town Character ". By the way, in the General Plan, the term "Small Town Character" is used eighteen (18) times. There must be a reason for that. Also important are the wonderful mountain vistas visible as you drive up Winchester Boulevard into Los Gatos. It makes for a beautiful "gateway" vista and it is an important part of making this a lovely Town. It should not be blocked and visible only if you happened to be working on the top floor of a sixty -five (65) foot building in a Los Gatos office park. The fact is we in the North 40 are facing three (3) Development Projects at once — WHICH — when they happen, will undeniably increase density in our end of Town. It will increase automobile traffic on Lark Avenue, and Winchester and Los Gatos Boulevard as well. In an emergency, if Lark Avenue was gridlocked, you would have to drive one mile in either direction, to Blossom Hill Road or to Camden Avenue to get through to Samaritan Hospital. So, please follow the Los Gatos 2020 General Plan and keep the building height at thirty -five (35) feet, and approve an amount of square footage that would provide for an office park in keeping with the aesthetics of the surrounding neighborhood. Sincerely, Anna Hellmer 147 Las Astas Drive Los Gatos, CA 95032 May 29, 2013 Dear Honorable Mayor Spector, and Los Gatos Town Council, I attended the May 20, 2013 meeting and spoke against accepting the Albright Way Project at the current intensity in which it has been proposed. My impression of the evenings' lengthy discourse of the controversial Albright Way Project is as follows: • The Developer wants it approved for no less than four (4) buildings at sixty -five (65) tall for a total of five - hundred and-fifty-thousand (550,000) square feet • The Developer's associates, the Commercial Realtors, want it • Mr. David Wells, CEO of Netflix, wants it • The young Netflix workers want it • Some Los Gatos parents want it (because they believe it would add to the funding they desire for their children's classrooms), and • The neighbors in the adjacent neighborhoods do not want it......at the current intensity in which it has been proposed The North Forty residents are not opposed to progress in the form of light industrial land development; however, they are opposed to unfettered development of same. Throughout these proceedings I heard several themes from the supporter's of the Project as it is currently proposed; we need Netflix to stay, we need Class A four -story office buildings to attract other high - technology businesses, we need to progress into the future -not be stuck with 1960's thinking, and we need the tax base to provide more money for our schools. I think what we need to do is to be extremely focused on staying with our Los Gatos 2020 General Plan (GP) that was revamped a little over two years ago. The GP is almost three hundred (300) pages of Vision Statements, Goals, and Policies to govern our Actions in meeting those Goals. In the Vision statement for Los Gatos it states that "what makes Los Gatos special is its small -town atmosphere ...... and, "the overall role of the 2020 General Plan is to provide a framework to ensure that the Town.... maintains a balanced, well - designed (emphasis added) mix of residential, commercial, service, and open space uses through integrated land use planning that fosters a pedestrian- oriented community consistent with a small -town character ". It states that the Town is situated within one of the largest metropolitan areas of northern California and is closely tied to the fast -paced (emphasis added) economy of Silicon Valley (Reference CD -2). It further states that Los Gatos "is an oasis of calm within one of the major economic engines of the world, Silicon Valley" (Reference VIS -1 and VIS -2). The fundamental question is; do we want to remain "an oasis of calm" in Silicon Valley, or do we want Los Gatos to become just as hectic as Silicon Valley? The GP states, "Residential and non - residential uses produce different impacts on the community. The impacts on traffic, noise, and other quality -of -life issues will vary, depending on the final mixture of residential and non - residential uses approved within the area. The overall planning for the area needs to limit the adverse impacts on the quality of life of all the residents of Los Gatos, and to provide for open space." (Reference Section Three (3) Land Use Element, Page LU -2). I was pleased to see the GP address "orderly planning and quality design that will be in harmony with the existing or potential development of the surrounding neighborhood" (Reference LU -16). Also, the Goals and Policies In CD -1 through CD -8 contain plenty of guidance for keeping things in proportion to, and within the existing character of the existing residential neighborhood, and that new structures need to harmonize and blend with the rhythm and scale of the neighborhood. Our GP states "story poles" are to be placed for a new construction project (Reference Policy CD- 17.8), yet there have been no story poles placed at Albright Way. As stated by a Charter Oaks resident; "the cherry- pickers are a failure ", and she is right. Placing the "cherry- pickers" in various spots has had the same effect as erecting a flagpole. It is a visual point -of- reference, but it in no way does it provide proper visual context in order to judge the intensity and density of the proposed structures. It seems that the proposed buildings could be placed in such a manner so as to not compromise the privacy and views of the Charter Oaks neighborhood, as well as not block the scenic vistas of the Santa Cruz Mountains as you approach Los Gatos from Winchester. There has been no scale model of the project produced in order to provide a better concept of density. I do not see the Developer compromising one iota on the proposed five hundred and fifty - thousand (550,000), four (4) building proposal. He states he cannot build anything less than that, and the implication is that Netflix will "exit stage left" with him if the Town says "no" to the Project as currently proposed. I think that if we attract Silicon Valley here by building Class A office space on such a large scale, we would be taking a large step towards compromising our "oasis of calm ". Some supporters of the Albright Project believe approval of the project without any restriction will equate to more money for our schools, and have implied that our schools will fail without the extra revenue. A scary thought, certainly, but how have our schools done so well up to now without this added revenue? This is disingenuous in that the GP does not address funding for our schools, or, for that matter, funding for anything else. It is not a funding document. It is a land use document. Consequently, the GP states that "broadening the tax base" shall never (emphasis added) be the sole reason for allowing new commercial development or approving a change in a commercial land use (Reference Policy LU -9.7). The use of the word "shall" is significant. It is an imperative, not a suggestion. So, how does Solomon split the baby? Perhaps the "Elegant Solution" presented by Mr. John Shepardson, ESQ. is the best approach; limit the building heights to thirty -five (35) feet, and limit the square footage to three - hundred and fifty thousand (350,000). The resultant decrease to the Developers profit margin is minimal -0.63 percent. Thank you for your careful consideration to this sensitive issue facing our Town. Sincerely, Anna Hellmer 147 Las Astas Drive Los Gatos, CA 95032 Enclosure (1) – May 20, 2013 LG Albright Way -A. Hellmer Comments To Reduce Project Enclosure (2) – Albright Way Elegant Solution Ise \�\ 7d � ^ � .. LO Liu � � \ �K � \ RECEIVE I3 \�l M c: I May 29,2013 MAY UQ 12013 ,AAYOR &TOWN MUNCH.. Mayor Barbara Spector 110 E. Main St., Los Gatos, Ca. 95030 The Los Gatos General Plan enacted by the City Council in 2010 defines what we want our town to be. It defines our small town atmosphere. It defines our values. And I believe it, the General Plan, is supported by a majority of the citizens of Los Gatos. Perhaps a non vocal silent majority, but a majority non the less. This last Sunday I talked to about fifteen people at the Los Gatos Farmers Market. All but two agreed that the General Plan Should be adhere to. Especially about the 35 foot height criteria. Please don't sell our values. Reject the proposed Albright Plan and invite the developer to submit a new plan which is in harmony with the General Plan and the desires of the Citizens of Los Gatos, and then give this new plan due consideration. Sincerely and Best Regards R. A. Huber Mary I<airis 1 -tuber 107 Walnut Hill Court, LG From: JOHN SHENK [jshenkna mac.com] Sent: Friday, May 31, 2013 8:03 AM To: BSpector Subject: Fwd: FYI Barbara, I thought you would appreciate the latest positive news about Los Gatos' most successful employer. John R. Shenk Sent from my iPhone 408 - 242 -9052 Begin forwarded message: From: JOHN SHENK <jsheiilc cc,mac.com<mailto:jshenk(a mac.com» Date: May 31, 2013, 8:01:37 AM PDT To: "John R. Shenk" <jshenk ,mac,com <mailtoJshenkcmac.com>> Subject: FYI NEW YORK, May 30, 2013 (GLOBE NEWSWIRE) -- Netflix, Inc. ( Nasdaq: NFLX< http: / /ww,,v.nasdag.com/symbol /nflx >) will become a component of the NASDAQ -100 Index(r) (Nasdaq:NDX), the NASDAQ -100 Equal Weighted Index (Nasdaq:NDXE), and the NASDAQ -100 Ex- Technology Sector Index (NDXX) prior to market open on Thursday, June 6, 2013. Netflix, Inc. will replace Perrigo Company ( Nasdaq :PRGO <http: / /www.nasdaq.com /symbol /pro >). Netflix, Inc. is headquartered in Los Gatos, California, and has a market capitalization of approximately $12.1 billion. For more information about the company, go to < http:/ hvww. globenewswire .con-/newsroom/ctr ?d= 10034662 &1= 2 &a=www netflix com &u= http %3A %2F %2F www.netflix.com %2F> www. netflix .com <http: / /www.netflix.com/ >. Read more: http : / /www.nasdag,com/article /netflix- ine -to join- the- nasdaq -100- index- beginning_june- 6 -2013- 20130530- 01220 #ixzz2Usm523j9 From: ThelmaSpaziani [mailto:tlspaziani @ aol,com] Sent: Friday, May 31, 2013 8 :51 AM To: Council Subject: Albright Development To Whom It May Concern: My name is Thelma Spaziani. I have lived at 204 Willow Hill Ct „Charter Oaks for 40 years. ( I will be 91- years old July 9).. My late husband Joseph (whom I lost 18 years ago) bought the first unit in May, 1973. Except for the sales office and adjacent four - unit model homes, the whole area was a large inviting field. We had just sold our 5 year residency Old Adobe home and wanted to downsize, We were referred to Charter Oaks and were immediately impressed with the quiet, open space of this and surrounding area. We "broke the ice” and made the purchase. We lived in an apartment until our unit was finished and we moved in on Christmas Eve, 1973. Much to be done but we loved the ambience of the property. The development was built in three sections - ours was the first finished. After chosing this idealistic site, we were deeply shocked to be informed that the adjacent open space would be rezoned manufacturing and a large complex would be built, Included in the rezoning was a triangular piece of property to our north that was supposed to be more Charter Oaks homes. That zoning change would drastically alter the original concept of a beautiful neighborhood. Originally, the larger doors for manufacturing activity would be right next to Charter Oaks homes. Along with the zoning problem was that of vastly increased traffic on Lark Avenue which exists to this day. Try to be able to enter or leave Charter Oaks at certain times of the day - impossible, They were also planning to extend Charter Oaks drive into the office complex. That took another trip to council meeting to protest that insane idea. Then came along a series of zoning changes all around us which allowed the huge Courtside complex and motel, the PG &E sub station, the massive Jewish Center, the major Netflex complex with its office and 250 apartments- all destroying the very reason we chose Charter Oaks and bringng chaos to area traffic. I'd like to share what our area here became known as "the armpit of Los Gatos ". Now 40 years late -HERE WE GO AGAIN ". But, this proposed zoning change is far worse than to first one as the elevation of those building will strip all privacy from our Charter Oaks homes which was a major element when we all chose to live here. The mind boggles at the resulting added traffic with the addition of a four -story parking garage. II would gladly join the group of protesters at your June 3 meeting but due to a major health problem I acquired when visiting in Pennsyivnia, I am unable to travel - but I have gladly signed the petitions. I applaud my neighbors, especially Anne Robinson, for the valiant stand they are taking to protect our lives and property ambience and values. I hope and pray wiser heads will prevail and void this zoning plan. Thelma Spaziani tlspaziai .aol.com 408 - 378 -2227 Temporary: 570 - 443 -8976 From: AviNoa Sklar [mai!to :sklarnoaviPgrnail.com] Sent: Friday, May 31, 2013 9:26 AM To: Council Subject: Please stop building !!! Hello, We are asking you, from our hearts, NOT to put a 4 story building at Winchester and Lark. Not only the traffic will be even more horrendous , but esthetically, there is no place for such building in that corner of Los Gatos. You are destroying the magnificent views of the mountains too. Remember ! We are the Town of Los Gatos - Not the "City of Los Gatos ". Thank you Noa and Avi Sklar Los Gatos From: Robert Schwimmer [ mailto :bobn3faw(a)sbcglobal.net] Sent: Friday, May 31, 2013 10:01 AM To. Council Subject: Albright Project - ALTERNATE Plan Suggestion Dear Mayor Spector, Mr Leonardis, Ms McNutt, Ms ,Jensen, Mr 11irzyinski, A different look is proposed for the development and for Netflix, wham we also want to satisfy to remain in our beautiful town, even though we are opponents ofthe 4 -floor overly dense buildings pla . The present detrimental plan, briefly showing the floor and building sizes: With 4 floors in 4 buildings: 16 floors total 650,000 sq, ft, each floor would be 40,625 f't2, Netflix has agreed to lease 140,000 ft'. Each building. would nominally occupy 40,625 ft2,. or a. total of 1.62,:00 ft`. They would likely want a whole building. I have not seen anyin; to define Another configuration. Here is one to ponder: Plan B, Build two 241oor structures of ±120,000 ft:z per floor. Total floor space ±480.000 ft'. lsach. building occupies ±120,000 ft'. Mach floor is nearly the 140;000' Netflix desires. Final size selection coul.d be adjusted to conform to suitably acc(. rnmodatc: immediate Netflix use. Afini77ium iiPli79ber of floors is usually most desirable for efficient buSineSS, personal and physical activities and commt.iilici:i.tions. Tell the Developer tlr:it Los Gatos character must be preseryecl. Certainly provides best for handicapped workers, (Of course there are almost an infinite number ofpossible bldg.rfloor arrangements. Ii'Netllix would possibly grow so large that they might need the whole development, imagine moving into more buildings with 12 more floors in. which to run a business, 1_,ess but wider floors seem to make sense.) The other 3 floors in the 2 bldgs can be rental space for the property owner's necessary income. Benefits: • Maintain the wise 35' height limit. Prevents despoiling the beauties of LG and the lovely vistas • Schools and taxes will get a lot more revenue than now • Businesses will get increases in traffic with the increased employment • Jobs will be increased • Vehicle traffic will increase considerably, but with some moderation from the overly dense Developer plan. • Less impact on emergency vehicle traffic • Avoids establishment of a forever- precedent for North 40 or other applications yet to come in the future Expansion availability for Netflix growth * Much faster total completion, vs. 5 -6 years for the proposed out -sized 16 -floor plan ® Everybody happy. {Most Dewlopers, where comiderim, a similar property would do as Mr. Shenk has: "I low earl my investors and l benefit most from a plan? . Answer: Submit a. plan 'bigger than needed, expecting to likely have it reduced to a stall - acceptable and profi:ta.ble size,; Respectfully, Robert Schwimmer 200 Charter Oaks Circte From: Molly Crowe [mailto:molly @crowellc.com] Sent: Friday, May 31, 2013 11:12 AM To: Council Subject: Albright Project Dear Town Council Members, As Los Gatos residents living in the La Rinconada neighborhood, we are very concerned about the potential negative impact of the proposed Albright project, in particular the amount of traffic it will generate. The intersections at Lark and Winchester, including the new signal lights at Lark and University are already creating an series of delays through the local area, We fear what may come once the North 40 project is completed and urge you to reduce the height and density of the buildings in the Albright location, Please help us to protect our corner of Los Gatos! Sincerely, Dean and Molly Crowe 14715 Eastview Drive, LG 95032 From: anne4pt@aol.com [amle4pt @aol.com] Sent: Friday, May 31, 2013 9:53 AM To: BSpector Subject: RE: Town's Objectives for Albright Dear Mayor Spector I hope you are doing well. I am sorry that you have been put in a very difficult situation. wanted to expand on my thoughts regarding the Town's Objectives. Thank you, Anne Robinson The Town's Objectives I have already submitted a statement regarding the Town's Objectives for the Albright Office Park, but I would like to expand on my thoughts. The first six objectives refer to the Vasona Light Rail that may never be built, and I included statistics on the Vasona Light Rail showing the lack of economic feasibility. Town Objectives 7 -11 revolve around the Environment and Sustainability Element in the General Plan. If the Town is supports the environment and sustainability of its resources and its natural ecology, the town should support the Environmentally Superior Alternative in the EIR, which is the Reduced Intensity Alternative. This Alternative at 350,000 sq ft will provide the greatest reduction in potentially significant environmental effects when compared to the proposed project, and therefore, would be the Environmentally Superior Alternative. The main reason this would not meet the Applicant's Objectives is because of the financial feasibility, but The Albright Development Reduced Area Alternative Feasibility Analysis by EPS was incorrect according to our recent findings that were submitted to the Town Council. With the Reduced Intensity Alternative, the current Commercial Real Estate market will support the Applicant in achieving an excess of 7% ROI threshold including the existing 10 yr lease with Netflix at the rate of $46.11 per sq ft per yr. The Reduced Intensity Alternative will meet the Objectives of the Applicant and the Town. It will generate financial revenue and contribute to the schools as well as fit in context with the surrounding area and protect our neighborhoods. The Reduced Intensity Alternative is the best option for the Town of Los Gatos. Please send the proposed Albright Office Park back to the Planning Conunission for a reduction in height and density. THIS PAGE INTENTIONALLY HEFT BLANK Subject: FW: Albright project Attachments: Document5- l.docx � t - - - -- Original Message---- - From: David Stonesifer [rnailto:larrvarzie @gmail.com] Sent: Friday, May 31, 2013 3:03 PM To: Town Manager Subject: CORRECT GRAMER . - - - -- Original Message---- - From: David Stonesifer [mailto:larryarzie @gmail.com] Sent: Friday, May 31, 2013 2:57 PM To: Town Manager Subject: Albright project Please give this to the town council and confirm receipt. Larry Arzie. r\ Town Council May 32, 2013 Town of Los Gatos Re: Albright Way 90 -160 Dear Council Members, I recently gave testimony to the developers unwillingness to work with the town in accomplishing his goals on recent local projects. I pointed out the still vacant lot that used to be McHugh Lincoln Mercury. Here he refused to follow the Boulevard Plan by not placing the building up front with parking in the rear. He as well did not interconnect the parking lot with his neighbor as requested. On the Ford agency lot he was asked to build the commercial buildings first. Instead the residential units are now being built first. Perhaps this is because he does not have commercial tenants lined up and he is planning on eliminating retail as he did with the Mercury lot or at least having that option. AND we let him do these things because we did not want to see the lots stay empty. His success in getting what he wants in past projects gives him reason to believe he can continue to bully us into doing the same thing again. Remember what a planning commissioner said to him "that he has his foot on our necks ". Fortunately there is no longer in a sense of urgency regarding the Albright way project as was with the Ford and Mercury lots. The economy is better and we do not have to take second choice again as we did with the Mercury lot. Albright `s land has already changed hands and the majority of the tax base is being paid. There as well are leasable buildings on the property. Netflix is the only reason this developer is gambling that you will acquiesce to his demands. Gamble is exactly what he is doing as he did with the McHugh Mercury lot agreeing to one thing with intentions to do another. There are no guarantees when you gamble. It would be nice to keep Netflix but they are not a make or break situation in our budget. The N.40 which you seem to be more willing to hold control over, will be more difficult you cave in to him again. Respectfully, Larry justo Arzie Honorable Mayor Spector and members of the Town Council, Flay, 21 ", 2013 Once again I was taken aback at the Council meeting Monday night by the "spin" of the vested interest citizens and brokers that spoke. By "vested" I mean money and those who stand to make it at the expense of others. We heard from not less than 6 commercial real estate brokers who are friends of Shenk's or Pau's, who have done business with them in the past, and who are looking forward to reaping hundreds of thousands of dollars in leasing commissions based upon the projected rents for 550K square feet of office space. We heard from a major contractor who may build the buildings. We heard from a provider of concrete whose company may supply the concrete for the construction. We (rightfully) heard from 7 employees from Netflix, including the CFO, plugging their company because they like our town, or in the CFO's case, subtle suggestions they might leave our town. We heard from one homeowner (the last speaker) who was In favor of the project; however his home is over % mile to the west, on Wedgewood, with little to no impact to his ingress and egress. We did not hear anybody speak in favor of the project as presented who live within a % mile radius of the development. The project, which as you recall, was turned down by the planning commission; our own town governmental body who is deemed to be wiser and more knowledgeable than the collective speakers in the room Monday and which has no vested (moneyed) interest in this. We also heard from many of the "little people" who may not have millions, or stand to make hundreds of thousands of dollars from the project, but whose quality of life is in jeopardy because of where they own homes. Those Charter Oaks folks are the voices that should be given the most serious weight and consideration because it is the traffic, mass, height and privacy concern that really have an impact on their quality of life and financial wellbeing. They are the "vested interest ". On Monday a speaker referred to them as a "small minority who are against the project ". However it will affect all of us living in the La Rinconada/ Newell areas as well, hence our quality of life too. Yesterday in a candid conversation with a major, old line (75 years) Los Gatos family commercial property owner whose properties span from highway 9 to Main Street ( and who was really unaware of the 550 sq foot project) said to me unsolicited that "with Yuki's property developed traffic is going to be a disaster". And also unsolicited from a major residential developer (one who the council thinks highly of)... "traffic is going to be a mess" on Lark...... both of them confidentially verbally pondering why the council would consider approving such a large project on such a landlocked parcel (one way in, one way out). However, these two people I reference have enough time and resources to avoid the day to day grind of gridlock and backup that the folks in Charter Oaks and surrounding neighborhoods don't have. Regarding school revenue: who knows who's correct. Jak Van Adda's numbers seemed to be mostly correct considering the pending North 40 increase. However, someone who was allegedly speaking on behalf of the schools questioned his premise. Has the town studied the projected revenue and do we know what the revenue is? Have we heard from a school district official? Z qto P >� ECERVIGE® MAY 3 1 2013 TOWN COUNCIL The whole argument presented Monday night by most speakers in favor-, revolved around "keeping" Netflix, which seems totally absurd when they have allegedly only signed (has the council or manager seen the lease ?) to the first 130 thousand square feet with the "intent" to take more, someday perhaps. It's been said more than once that "it's not about Netfiix "._ it is about what's appropriate for the site given its location. However, on Tuesday morning the developer put pressure on the council by issuing a press release to the Mercury about Netflix signing his lease. Wasn't that old news? The discussion and consideration by the town council should be about: 1.) Traffic impact; factoring in the projected additional 29,835 traffic trips per day with the pending North 40 project, plus the additional 4000 plus trips per day at 550 thousand square feet from the Albright project and their impact on Winchester, Lark, major highway off ramps, and Los Gatos Boulevard, 2.) The actual (real) school revenues on 330 vs. 550 square feet of space audited by a tax expert from the district. 3.) The height, which not only violates current town restrictions, but misrepresents the comparison between the current Netflix headquarters and new proposed height by some 15 feet. I refer you to the elevation drawings in the package comparing the two side by side. These three issues should be based in reality no matter who occupies buildings there. Respectfully, Jeff Whalen - Clara Street , Los ,atc s *r ,eat► it MAY 3 1 2013 MAYOR & TOWN COUNCIL 2/2- - - . VA- due- - RECPVP MAY 3 1 2013 MAYOR & TOWN COUNCIL ----- Original Messag ------ From: cynthia james fmailto :CYNTHIA @cniames.com] Sent: Friday, May 31, 2013 4:18 PM To: Joel Paulson Cc: JOHN SHENK; Greg Larson; Judith Propp Subject: Albright - Applicant information for June 3, 2013 Council meeting Dear Joel: Please find attached additional information for the Council hearing on Monday evening. I also have copied the Town manager and Town attorney as well. Best, Cynthia Cynthia James I The James Group P: (408) 356 -2169 1 C: (408)314 -9435 1 cynthia@cnlames.com 5�1� SIB 1 8 "U"'VA"Y tt . . "' )l �1' - THIS PAGE INTENTIONALLY LEFT BLANK May 30, 2013 VIA E -MAIL a John R. Shenk jshenk @me.com 1408-242-9052 4w-t-Im" 1 w , MAY 3 1 2013 Mayor and Town Council Members T ®Vii MAYOR & N CCU Town of Los Gatos 110 East Main Street Los Gatos, CA 95030 Re: Albright Way Entitlement— Planned Development Overlay Zone Justification Letter Dear Mayor and Council Members: On May 15, 2013, I submitted an additional justification letter that explained how the Albright Way project (the "Project ") is consistent with the General Plan in general and the Planned Development (PD) Overlay Zoning provision in particular. Because that letter was 14 pages and I realize that you have limited time to read and digest information related to the Project, I write again to highlight why the Project is consistent with the PD Overlay provision in the General Plan and Zoning Code. Zoning Code section 29.80.080 states: "The purpose of the PD or planned development overlay zone is to provide for alternative uses and developments more consistent with site characteristics than are allowed in other zones, and so create an optimum quantity and use of open space and encourage good design." The Project epitomizes the intent of the PD Overlay provision. The PD Overlay proposed as part of the Project sets development standards that differ from those in the General Plan, which is one of the purposes of a PD Overlay Zone according to the General Plan. (See General Plan at p. LU -16 -17 [A "Planned Development Overlay [Zone] is a specially tailored development plan and ordinance which designates the zoning regulations for the accompanying project, sets specific development standards, and ensures that zoning and the General Plan are consistent." (Emphasis added)].) Where the General Plan would allow buildings up to 35 feet (two stories) and site coverage of 50 %, the PD Overlay zone would allow buildings up to 65 feet (four stories), which allows an Architecture and Site proposal with site coverage of just under 23 %. The PD Overlay Zone allows the buildings to be taller than otherwise permitted, which in turn reduces building coverage from what is otherwise allowed. The site has historically been used for office /research and development uses and the General Plan designated the site for continued light industrial use. The site is unique because it mediates the transition between a busy, noisy freeway on one side and a townhome development on the other. The site also sits between the car - oriented, well - traveled Winchester Boulevard and the pedestrian- oriented Los Gatos Creek Trail. Finally, this site is in the Vasona Light Rail Area, which Mayor and Town Council May 30, 2013 Page 2 is an area recognized by the General Plan as suitable for increased development. These singular site ch!Q cter'stics; require a distinctive planning solution. �vu� ' livIl Further, as explained in the financial feasibility memorandum submitted on April 4 ,* 9 1p'nning Systems, Inc. ( "EPS ") to make redevelopment of the site feasible, the site must accommodate approximately 550,000 square feet of Class A office /research and development space. A lesser amount of space or less quality of space would yield lower rents and make redevelopment infeasible. A representative from EPS will be present at the June 3, 2013, Town Council hearing to answer any questions that you may have regarding this assessment. The PD Overlay Zone creates a site plan that optimizes the quantity and use of open space for a 550,000 square feet Project. Without a PD Overlay Zone, the site plan would look like the Reduced Height Alternative illustrated in Figure 5 -3 in the Draft EIR, which is attached as Exhibit A to this letter. That figure shows eight buildings that are 35 feet tall and each have 68,500 square feet of space. With eight 35 foot buildings and the required parking, the site would have no room left for the open space features offered by the Project, including the extensive tree retention and replacement and addition of generous landscaped courtyards. Instead, it would be a much less appealing plan of densely packed low -rise buildings and parking, with little useable open space. Conversely, with the PD Overlay Zone, the Project site plan would be as shown in the plan attached as Exhibit B to this letter. Unlike the Reduced Height Alternative, the Project includes copious amounts of sustainably landscaped outdoor space. This plan can accommodate larger setbacks from the freeway, residences, and the Creek Trail, which allows more trees to be retained and additional trees to be planted. In addition, unlike the Reduced Height Alternative, the Project leaves room for rows of trees between parking aisles to further screen the development from the Charter Oaks neighborhood and the Los Gatos Creek Trail. Finally, unlike the Reduced Height Alternative, the Project acknowledges the differences in the uses that surround each side of the site. For example, the shortest "building" (the three -story parking garage) is placed closest to the Charter Oaks neighborhood and the Creek Trail, while the taller buildings are closer to the busier roads. In addition, the widest part of the large central landscaped area 'is adjacent to the residences in Charter Oaks. None of the Project's thoughtfully designed landscape features would be possible without the PD Overlay Zone. Not only does the PD Overlay Zone allow development with more open space than what would be provided under the development standards in the General Plan and underlying zoning, but the PD Overlay also allows more open space than currently exists on the site. (See Draft EIR at p. 4.1 -5.) The four proposed buildings plus parking garage would have less building coverage than the existing 10 buildings -5.0 acres (proposed) compared to 5.6 acres (existing). Stated differently, the Project increases the amount of open area on the site by 28.5 %, increasing the open space from 6.3 to 8.1 acres. As discussed above, reduced building coverage will increase the open feel of the site and provide space to preserve trees and add new trees and landscaping. In addition to good site design, the PD Overlay Zone also promotes good architectural design. In fact, as the Town's consulting architect, Larry Cannon, stated that the proposed Project buildings are "excellent in their design." The buildings consist of high quality, Mayor and Town Council May 30, 2013 Page 3 ME sustainable materials, including clear glass and solid masonry. The facades will be highly articulated through the use of shifting volumes, layers of different materials, and vertical elements such as columns and mullions to give the buildings rhythm and visual interest. Strong horizontal sun shades decrease the heat load on the buildings and break up how one perceives the buildings. According to Mr. Cannon, the sunshades will give the buildings a "perceived" height closer to 55 feet than the actual 65 feet. The buildings also will be constructed to meet LEED silver criteria, which ensures that the Project will be operationally efficient and reflect the Town's commitment to sustainability The Project would not be possible without the PD Overlay Zone, which clearly serves its purpose to "create an optimum quantity and use of open space and encourage good design." Sincerely, John R. Shenk Owner's Representative & Applicant 400 " g x EXHIBIT A c� ilr;l 1. w a W w� Q W U Q W P 1 ,`1e• iE Iai N'N i 1 {yam I i �rji n I� �7i O Y <t 0 J 7 O W CxG Q. U O F n a o W C M U 'O O R + p p ��_ u► 3 d r h U - c .� u� '- as d H to m a �Lo V to o mN Y e�-� m M C Qa to t' � a .- �7i O Y <t 0 J 7 O W CxG Q. U O F n a /I � 4xlay EXHIBIT B 711 "Mi� xx z z �W;. ''� Get c�c t=',�. �- r��1i� �, Vision That MovesYour Community Transportation r_..:., ._......M. _,- m,.....,m.o. :_ ..._,_.. _. ,..,F,.. ,, �....., ,.. ,.._...,._ ...-- - - -_.. Consultants May 30, 2013 Mr. Kevin Rohani, Town Engineer Town of Los Gatos f 41 Miles Avenue Los Gatos, CA 95030 ( Re: Albright Development Dear Mr. Rohani; As you know TJKM Transportation Consultants has served the Town as its on -call traffic engineering firm for about 10 years. On the Albright project, the Town asked us to review and provide comments on the traffic study prepared for the EIR. At the conclusion i of the review process, we were fully satisfied that the study was comprehensive and accurate. 1 At the recent Town Council meeting on the Albright development, I was in attendance and was prepared to give a short presentation and to answer any questions about the 1 traffic aspects of the project. Unfortunately, I will be out of town on Monday and will not c be able to attend the continued hearing on the project. Instead, I have included my comments in this letter. Two of the issues that have been ' raised deal with traffic generation rates and parking rates, with the idea that the traffic and parking rates used in the traffic study might not represent current Silicon Valley office practices. The study used rates taken from the Institute of Transportation Engineers (ITE) guidelines, Pleasanton which are utilized throughout the country. (I serve on the national committee that 4305 Hacienda Drive provides the final review of these rates before they are published.) In my experience, the Suite 550 rates used in the ITE references are somewhat conservative compared to actual rates in Pleasanton, CA P 94588 -2798 1 the Bay Area. Because of the Bay Area's fairly high level of congestion, traffic tends to be 925.463,061 I 925925.4 3.0 11 j more spread out during arrival and departure periods of commuting than most other Fresno i areas of the country from where the national rates are derived. For example, I have 516 W. Shaw Avenue personally measured the actual trip rates of buildings and complexes as regional Suite 200 Fresno, CA congestion increases. Over time, the peak hour rates are reduced as both employees and 93704 -2515 559.325.7530 their employers spread out the start and stop times of the work day to account for the 559.221.4940 fax j congestion on the transportation system. Also, Bay area employees are more likely to Sacramento carpool and use transit and, in some cases, employer - provided shuttles. 980 Ninth Street 16th Floor Sacramento, CA 95814 -2736 When comparing the Albright development with comparable Bay Area employers, 916.449.9095 1 have personal knowledge of conditions at Facebook and one other very large company Santa Rosa i that wants to remain anonymous. Both Facebook and the anonymous company are 1400 N. Dutton Avenue ; Suite 21 considered the absolute state of the art in how they treat their employees and how their Santa Rosa, CA i work laces are arranged. Both laces have about one millions square feet of space in the 95401 -4643 P g P q p 707 707.575.5800 By Area locations where these building complexes are located. tjkm @tjkm.com j www.tikm.com 4 ATTACHMENT 21 TJKM Transportation Consultants Mr. Kevin Rohoni May 30. 2013 Page Z The large anonymous firm generates 1.16 trips for each thousand square feet in the morning peak. Facebook has 1.30 trips per thousand square feet. For the Los Gatos study, the engineers who prepared the EIR traffic study used trip rates of 1.60 trips per thousand square feet. This means that the local rates used in the study are from 23 to 38 percent higher than nearby state of the art companies. As to parking, the Albright development proposes 3.5 stalls per thousand square feet; Facebook requires 3.0 stalls per thousand square feet, and the anonymous firm has 2.84 stalls per thousand square feet. So, Albright parking is proposed to be provided at rates from 17 to 23 percent higher than their workforce competition. The nationwide ITE rate is 3.45. I've concluded that the proposed Los Gatos Albright development study has used conservatively high rates for peak hour trips and for the required parking supply. The high peak hour rates means the peak hour levels of service on the transportation network are likely overstated in the traffic studies. I hope this information is useful to the Town. Very truly yours, Chris D. Kinzel, P.E. Vice President