Los Gatos Weekly-Times

Maxim cuts houses from 330 University proposal, but still can't get approved

Commissioners say plan lacks 'community benefit'

Hirschman plans to appeal

By Jeff Kearns

Planning commissioners voted unanimously to deny an application by developer Bill Hirschman, who wants to put 22 homes on a four-acre piece of land at University Avenue and Highway 9. Hirschman said he would appeal to the Town Council.

The commission on June 24 continued the hearing on the project and sent Hirschman back to address some of their concerns in a redesign. Hirschman dropped from 30 to 22 units, positioning himself at the lower end of what's allowed on the site, which is zoned for between five and 12 units per acre. With 22 homes, the density would be about 5.3 units per acre.

Commissioners had problems with various aspects of the plan, including what community benefits were identified with the application. In order to approve a special planned-development ordinance, which Hirschman needs in order to build on the property at 330 University Ave., commissioners must find that the project brings some kind of benefit to the community.

Laura Nachison said she couldn't vote for the project because she thought that the main benefit the plan offered was at the intersection near the project, where Hirschman proposes restriping and widening University Avenue just south of Highway 9 in order to improve traffic circulation. "A mitigation can't be the community benefit," said Nachison, who added that the number of houses on the site was still too high.

Town traffic engineer Mark Wessel, whom commissioners asked in June to make supplemental studies of traffic at the intersection, concluded after a week-long count of all traffic through the intersection that "the project is not expected to cause any significant traffic impacts on nearby intersections." The project would generate another 225 car trips per day.

Many neighbors disagreed with the engineer's conclusions, citing horror stories of frequent accidents, rush-hour traffic tie-ups, and dangers to pedestrians on sidewalks and in crosswalks.

"Are we all crazy that we're having these problems, and yet the traffic engineer says there isn't a problem?" asked Edelen Avenue resident Barbara Specter, who said that she now uses an alley behind Safeway to get home because of rush-hour traffic.

The project would most likely be served by one private road emptying onto University Avenue. Creating a connector to Bentley Avenue, on the south side of the property, was immediately discouraged by residents, but at least one neighbor said she might change her mind if it would improve traffic at the intersection of University Avenue and Highway 9.

Connecting the development to Highway 9 is not possible because Caltrans regulations prohibit access to a highway close to a freeway onramp, and because the agency has purchased the access rights, Planning Director Lee Bowman said.

In other action, the commission voted 6-0 to allow Landmark Historic Preservation proceedings to being for the old Victorian at 55 Hernandez Ave. Commissioner Len Pacheco recused himself from voting because he lives across the street from the house.

Final word on the LHP designation will come from the Town Council.

Willie and Helen Cadiente, who recently were awarded title to the house after a dispute with the contractor who restored the house after the Loma Prieta quake, asked for information from Town Attorney Orry Korb on how the designation would dictate possible uses for the house, specifically using the house as a residential care facility.

Korb said that any proposal for housing less than six residents in the house would not be subject to review by the town.

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