New Apartments and a New Restaurant for Los Gatos? What Happened at the July 13th Planning Commission Meeting…

On Wednesday night, applicant Tim Steele, asked to expand and remodel the Riviera Terrace apartment complex. The complex was constructed in 1960 and was purchased by Sobrato Interests IV in 2001. Steele, along with Sobrato, worked with the Conceptual Development Committee (CDAC) to form the proposal that would include an additional 50 apartments, four new apartment buildings, a new pool, spa, fitness center, leasing office, BBQ area, resident lounge, and trash enclosures. The aspect that is interesting to this Planned Development is that Sobrato is bringing it in under the State Bonus Density Law – this is a first for the Town. The meeting started with the Commission explaining that they had received a letter from Sobrato asking for a continuance because a few of the members who are on the CDAC and the Planning Commission were not present. After much discussion, Vice-Chair Marcia Jensen made a motion to continue the meeting; however, it failed for a lack of a second.

So, what is the State Bonus Density Law? It’s rather confusing to untrained eyes, but I’ll do my best to explain it. The law was passed in 1979. According to a memorandum written by Wendie Rooney, Director of Community Development, “The Density Bonus Law states that local governments can give a developer permission to build at higher density than the zoning permits if the developer offers affordable residences inside the development.” There are a ton of calculations that go along with this. To view them, click HERE.

Seven residents spoke against the development for various reasons including traffic, density, lack of story poles, loss of history, loss of open space/nature, and the cutting down of 73 trees. One resident brought a computer presentation showing that Sobrato took down a historic mosaic without contacting neighbors or anyone from the town. She also displayed photos that showed how difficult it was to view the signs explaining the remodel/expansion. With a lack of story poles, not many people were informed.

Here are some highlights:

On a whim, Vice-Chair Marcia Jensen stated, “The larger the project, the less likely we are to have story poles and we really need them…” Thank you Ms. Jensen. This is a problem that has been plaguing Los Gatos development for a while now. Why are all of these exceptions being made?

Vice-Chair Marcia Jensen is concerned with the elimination of the buffer zone between the creek and the development. While Steele explained Sobrato would not develop past the fence line, it seems like the new apartments will be in full view from the creek trail.

Concerned with a lack of community benefit, Vice-Chair Marcia Jensen explained that while there is a ton of community benefit within the Riviera Terrace Apartments, there is not enough community benefit being offered to all of Los Gatos. Steele explained that the affordable housing is the community benefit because Sobrato is offering more below market rate (BMR) units than are currently required.

Commissioner O’Donnell stated that they are “proceeding under state law, which essentially tells us what we have to do…” “We have an offer here that is a very very good offer and I consider that to be a community benefit.” “If we don’t do what is required [by law], we are subject to lawsuits, attorneys fees, for the other side and not just our own…” This makes it sound like the town’s hands are tied and they really don’t have much of a say because of the State Bonus Density Law.

Commissioner Erekson stated, “…in the [General] Plan for the Town to achieve the goal [of affordable housing], these particular units were not in the count in the General Plan…” He then clarified that “these would be in addition to what is in the Plan…” Staff responded with, “yes.” The town’s General Plan was recently updated and Sobrato has been working on this proposal since 2010. Why are these apartments not in the plan?

Commissioner Bourgeois stated that one of his biggest concerns is with the intensity of the entire area. He also mentioned that “…comments from the water district admits that they are not in compliance with the water district’s guidelines for land use near streams on three accounts: Does not provide a buffer between the new facilities and the riparian zone, result in the removal of native vegetation within the riparian zone, and replace new paved and active recreational areas within a riparian corridor. To me that’s almost a non-starter…”

Finally Commissioner Erekson made a motion to allow the hearing to continue to August 10, 2011 and asked the applicant to address concerns about site. The concerns included more thought to go into the site plan in order to have construction, pavement, and impervious services away from the creek. Vice-Chair Jensen seconded the motion. It was approved 3-1 with Commissioner Bourgeois dissenting because he is not comfortable with the design the way it is and is concerned that Sobrato will not come back with a significant change by August 10, 2011. Commissioners Ogle, Talesfore, and Chair Sayoc all had excused absences.

Also during last night’s meeting, Lisa Rhorer, co-owner of Cin Cin, asked for “approval to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet)…”

Ten people spoke and only one was not in favor because he was concerned about the noise on the back deck where new chairs and tables will be allowed. Everyone else spoke in favor of the new establishment and expressed excitement over having a new restaurant in that area on Main Street.

Lisa Rhorer explained that the establishment would be a mix of casual dining, wine bar, and retail.

Staff had recommended a soft denial because the project conflicts with Ordinance 2021 – an Ordinance that discourages displacement of retail uses with restaurant uses. Rhorer explained that she would have retail within the establishment so it did not conflict with Ordinance 2021.

After much discussion from the Planning Commission, Commissioner Erekson made a motion to recommend approval to the Town Council. Commissioner O’Donnell seconded the motion. The vote was 3-1 with Commissioner Bourgeois dissenting because he feels the town is going down a “slippery slope” with losing retail.

– Post Written By Kir
www.insidelg.com