Attachment 16, Exhibit 2 - Environmental AnalysisEnvironmental Analysis
Los Gatos 6th Cycle Housing Element
2023-2031 Planning Period
December 22, 2022
Prepared by
EMC Planning Group
EXHIBIT 2
ENVIRONMENTAL ANALYSIS
LOS GATOS 6TH CYCLE HOUSING ELEMENT
2023-2031 PLANNING PERIOD
PREPARED FOR
Town of Los Gatos
Joel Paulson, Community Development Director
110 E. Main Street
Los Gatos, CA 95030
Tel 408.354.6879
jpaulson@losgatosca.gov
PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Teri Wissler Adam, Senior Principal
wissler@emcplanning.com
www.emcplanning.com
December 22, 2022
This document was produced on recycled paper.
EMC Planning Group Inc.
TABLE OF CONTENTS
A.BACKGROUND ..................................................................................................................... 1
B.DETERMINATION ................................................................................................................ 9
C.EVALUATION OF ENVIRONMENTAL IMPACTS ............................................................. 10
1.Aesthetics .............................................................................................................................. 11
2.Agriculture and Forest Resources ...................................................................................... 15
3.Air Quality ............................................................................................................................. 17
4.Biological Resources ............................................................................................................ 23
5.Cultural Resources ............................................................................................................... 30
6.Energy .................................................................................................................................... 33
7.Geology and Soils ................................................................................................................ 37
8.Greenhouse Gas Emissions ............................................................................................... 44
9.Hazards and Hazardous Materials ..................................................................................... 51
10.Hydrology and Water Quality ............................................................................................ 57
11.Land Use and Planning ....................................................................................................... 64
12.Mineral Resources ................................................................................................................ 67
13.Noise ...................................................................................................................................... 68
14.Population and Housing ..................................................................................................... 72
15.Public Services ...................................................................................................................... 74
16.Recreation ............................................................................................................................. 79
17.Transportation ...................................................................................................................... 80
18.Tribal Cultural Resources ................................................................................................... 89
19.Utilities and Services Systems ............................................................................................. 90
20.Wildfire .................................................................................................................................. 98
21.Mandatory Findings of Significance ................................................................................ 104
D.SOURCES ........................................................................................................................... 106
EMC Planning Group Inc.
Figures
Figure 1 Location Map .................................................................................................................... 5
Figure 2 Site Inventory Location Areas ........................................................................................ 7
Figure 3 Downtown Area Sites’ Fire Hazards ........................................................................... 99
Section A Background 1 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
A. BACKGROUND
Setting
The Town of Los Gatos is located within Santa Clara County, south of the San Francisco Bay.
It’s surrounded by the City of Campbell to the north, the cities of Saratoga and Monte Sereno to
the west, the City of San Jose to the east, and unincorporated land (i.e., the Santa Cruz
Mountains) to the south. The incorporated area of Los Gatos covers approximately 11.5 square
miles and is almost entirely built-out, with its sphere of influence encompassing approximately
18 square miles. Primary access is provided by State Route 17 from the north and south, which is
the main roadway linking the Bay Area to Santa Cruz and the northern Monterey Bay region, and
from State Route 85 from the west and east. Los Gatos can also be accessed from the west by
State Route 9, also known as Los Gatos-Saratoga Road. Figure 1, Location Map, presents the
relationship between the Town of Los Gatos and nearby cities, as well as the state highway
system.
Background
The Town of Los Gatos (Town) has prepared a draft 6th cycle Housing Element that covers the
planning period 2023 through 2031 consistent with the requirements under California state law.
Part of the Housing Element Update requires that the Town identify adequate housing sites to
accommodate the Regional Housing Needs Allocation (RHNA) assigned to the Town by the
California Department of Housing and Development (HCD) and the Association of Bay Area
Governments/Metropolitan Transportation Commission (ABAG/MTC). The RHNA identified
for the Town’s 6th cycle Housing Element is 1,993 units.
Project Title Los Gatos 6th Cycle Housing Element
Lead Agency Contact Person
and Phone Number
Joel Paulson,
Community Development Director
408-354-6879
Date Prepared December 22, 2022
Study Prepared by EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Project Location Town of Los Gatos
Project Sponsor Name and Address Town of Los Gatos
110 E. Main Street
Los Gatos CA 95030
General Plan Designation Various
Zoning Various
Section A Background 2 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Methodology
The Town received a referendum to repeal the Land Use and Community Design Elements of
the adopted Town of Los Gatos California 2040 General Plan (General Plan). In October 2022, the
Town Council adopted a resolution to provide that the Town of Los Gatos 2020 General Plan’s Land
Use and Community Design Elements will govern during the period of suspension. Therefore,
when the term “General Plan” is used in this environmental analysis, it is the General Plan in
effect that is being referenced (i.e., the Town of Los Gatos California 2040 General Plan with the Town
of Los Gatos 2020 General Plan’s Land Use and Community Design Elements).
The Town’s 2040 General Plan Final Environmental Impact Report SCH#2020070175 (General Plan
Final EIR) (Town of Los Gatos June 2022a) (chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://losgatos2040.com/images/docs/5_LG
_2040_GP_FEIR_RTC_June_2022.pdf) was certified in June 2022, with the following
documents making up the entirety of the General Plan Final EIR:
2040 General Plan Final Environmental Impact Report Addenda and Errata for Town Council
SCH#2020070175 dated June 2022 (chrome-extension://efaidnbmnnnibpcajpcglcle
findmkaj/https://losgatos2040.com/images/docs/6_LG_2040_GP_FEIR_RTC_
Addenda_Errata_for_Town_Council.pdf);
2040 General Plan Revised Sections of Draft Environmental Impact Report dated
November 2021 (chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://
www.losgatosca.gov/DocumentCenter/View/29410/Revised-Sections-of-Draft-EIR);
and
2040 General Plan Draft Environmental Impact Report (General Plan EIR) dated July 2021
(chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://losgatos2040.com/
images/docs/2040-General-Plan-DEIR-with-Appendices.pdf).
Some of the timing of preparation of the 6th cycle Housing Element Update overlapped with the
preparation of the General Plan EIR, allowing for the two documents to work together on topics
such as allowable density, floor area ratio, and height to assist in meeting the Town’s RHNA
requirement. The General Plan EIR evaluated the potential growth for up to 3,738 dwelling
units, has already evaluated the housing and population growth projections identified within the
6th cycle Housing Element Update.
This environmental analysis relies on the earlier analyses in the General Plan Program EIR
(against which no timely lawsuit challenging its adequacy under CEQA was filed), pursuant to
CEQA Guidelines section 15168(c). Section 15168(c) provides that “later activities [here, the
Housing Element Update] in the program [here, the General Plan] must be examined in light of
the program EIR to determine whether an additional environmental document must be
prepared.” Section 15168(c)(2) provides: “If the agency finds that pursuant to Section 15162, no
subsequent EIR would be required, the agency can approve the activity as being within the scope
of the project covered by the program EIR, and no new environmental document would be
required.” The section further explains that the “within the scope” inquiry is a factual question
that the agency determines based on substantial evidence. While no specific format is required to
document the agency’s determination, an initial study checklist provides a useful, familiar format
Section A Background 3 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
to explain the agency’s reasoning and evidence. As explained in detail for each environmental
resource area herein, there is no evidence that development under the Housing Element Update
would result in any new or more severe significant environmental impacts than previously
determined in the General Plan EIR. Therefore, this analysis supports a determination under
CEQA Guidelines section 15162 that no subsequent or supplemental EIR is necessary for the
Housing Element Update.
The analysis in this initial study contains a brief discussion identifying the following:
a. “Earlier Analysis Used” identifies and states where the General Plan EIR is available for
review (see above).
b. “Impact Adequately Addressed” identifies which effects from the checklist were within
the scope of and adequately analyzed in an earlier document pursuant to applicable legal
standards, and states whether such effects were addressed by mitigation measures based
on the earlier analysis.
c. “Mitigation Measures”—For effects that are “Less-Than-Significant Impact with
Mitigation Measures Incorporated,” mitigation measures are described which were
incorporated or refined from the earlier document and the extent to which they address
site-specific conditions for the project. This mitigation generally takes the form of
General Plan policies.
Description of Proposal
The proposal includes the update and preparation of the Town’s 6th Cycle 2023-2031 Housing
Element in order to comply with the state’s housing goals set forth in the Government Code, and
adopting this element as an amendment to the Town’s General Plan. The Town is currently
proposing a total of 2,312 housing units. Appendix H of the Town’s 2023-2031 Housing
Element provides details and capacity estimates for each of the parcels that comprise the Town’s
housing Sites Inventory. Figure 2, Site Inventory Location Areas, shows an overview of the
proposed sites inventory map with the sites combined into various areas of the Town. The total
number of housing units in the Draft Site Inventory is subject to change; however, the total
number of units will not exceed the maximum of 3,738 units that were considered under the
2040 General Plan Environmental Impact Report (EIR). Development of these housing units
would result in a population increase of approximately 5,780 (California Department of Finance
2022). The Housing Element Update may require the demolition of existing commercial
structures on some of the individual sites, but would not result in a net increase in commercial
square footage to the Town of Los Gatos compared to existing conditions. The assumption in
the General Plan was that there would not be any additional commercial beyond what would
already be allowed by the previous, Town of Los Gatos 2020 General Plan.
Other Public Agencies Whose Approval is Required
California Department of Housing and Community Development
Section A Background 4 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Have California Native American tribes traditionally and culturally affiliated with
the project area requested consultation pursuant to Public Resources Code
section 21080.3.1? If so, is there a plan for consultation that includes, for
example, the determination of significance of impacts to tribal cultural
resources, procedures regarding confidentiality, etc.?
The Town did not receive any requests from California Native American tribes requesting
consultation under Assembly Bill 52 for the Housing Element Update or for the General Plan
EIR.
Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project
proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal
cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public
Resources Code section 21080.3.2.) Information may also be available from the California Native American
Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California
Historical Resources Information System administered by the California Office of Historic Preservation. Please
also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.
Source: ESRI 2014
Figure 1Location Map
Los Gatos 6th Cycle Housing Element Environmental Analysis
0 6500 feet
ProjectLocation
£¤101
£¤101UV1
k
Salinas
UV152Gilroy
Los GatosSan Jose
San Francisco
Santa Cruz
Monterey Seaside
§¨¦580
§¨¦5
§¨¦280
§¨¦680
UV1
UV1
Regional Location
Los Gatos
San Jose
Campbell
Saratoga
Cupertino §¨¦280§¨¦280
UV85
UV85
UV85
UV17
UV17
UV17
Los Gatos Town Limits
Santa Cruz Mountains
Not to Scale
Santa Cruz Mountains
Santa Clara
Section A Background 6 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
This side intentionally left blank.
Source: Santa Clara County GIS 2022,Google Earth 2022
Figure 2Site Inventory Location AreasLos Gatos 6th Cycle Housing Element Environmental Analysis
0 4000 ft
Downtown AreaParcels
Alberto WayArea ParcelsLos Gatos LodgeArea Parcels
Los Gatos Blvd.Area ParcelsNorth Forty Area ParcelsLark Ave.Area Parcels
Winchester Blvd.Area ParcelsUnion Ave.Area ParcelsHarwood Rd.Area Parcels Los GatosTown Limits
Section A Background 8 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
This side intentionally left blank.
Section B Determination 9 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
B. DETERMINATION
On the basis of this initial evaluation:
☐I find that the Housing Element Update COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
☐I find that although the Housing Element Update could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the
Housing Element Update have been made by or agreed to by its proponent. A
MITIGATED NEGATIVE DECLARATION will be prepared.
☐I find that the Housing Element Update MAY have a significant effect on the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
☐I find that the Housing Element Update MAY have a “potentially significant impact” or
“potentially significant unless mitigated” impact on the environment, but at least one effect
(1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and (2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but
it must analyze only the effects that remain to be addressed.
☒I find that although the Housing Element Update could have a significant effect on the
environment, because all potentially significant effects have been analyzed adequately in
Town of Los Gatos General Plan EIR pursuant to applicable standards including CEQA
Guidelines section 15168(c)2, and the Housing Element Update is consistent with the
growth projections evaluated in the General Plan EIR, nothing further is required.
____
Joel Paulson, Community Development Director Date
01/17/2023
Section C Evaluation of Environmental Impacts 10 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
C. EVALUATION OF ENVIRONMENTAL IMPACTS
Notes
1. All answers take account of the whole action involved, including off-site as well as on-
site, cumulative as well as project-level, indirect as well as direct, and construction as
well as operational impacts.
2. Once it has been determined that a particular physical impact may occur, then the
checklist answers indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. “Potentially Significant Impact” is
appropriate if there is substantial evidence that an effect may be significant. If there are
one or more “Potentially Significant Impact” entries when the determination is made,
an EIR is required.
3. “Negative Declaration: Less-Than-Significant Impact with Mitigation Measures
Incorporated” applies where the incorporation of mitigation measures has reduced an
effect from “Potentially Significant Impact” to a “Less-Than-Significant Impact.” The
lead agency must describe the mitigation measures and briefly explain how they reduce
the effect to a less-than-significant level (mitigation measures from section XVII,
“Earlier Analyses,” may be cross-referenced).
4. Earlier analyses are used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative
declaration. [Section 15063(c)(3)(D)] In this case, a brief discussion would identify the
following:
a. “Earlier Analysis Used” identifies and states where such document is available for
review.
b. “Impact Adequately Addressed” identifies which effects from the checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and states whether such effects were addressed by
mitigation measures based on the earlier analysis.
c. “Mitigation Measures”—For effects that are “Less-Than-Significant Impact with
Mitigation Measures Incorporated,” mitigation measures are described which were
incorporated or refined from the earlier document and the extent to which they
address site-specific conditions for the project.
5. Checklist references to information sources for potential impacts (e.g., general plans,
zoning ordinances, etc.) are incorporated. Each reference to a previously prepared or
outside document, where appropriate, includes a reference to the page or pages where
the statement is substantiated.
6. “Supporting Information Sources”—A source list is attached, and other sources used
or individuals contacted are cited in the discussion.
7. The explanation of each issue identifies:
a. The significance criteria or threshold, if any, used to evaluate each question; and
b. The mitigation measure identified, if any to reduce the impact to less than
significant.
Section C Evaluation of Environmental Impacts 11 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
1. AESTHETICS
Except as provided in Public Resources Code Section 21099 (Modernization of Transportation
Analysis for Transit-Oriented Infill Projects), would the project:
Comments:
a. As identified in the General Plan EIR (Section 4.1, Aesthetics), scenic vistas in Los Gatos
include the hillside area of the Santa Cruz Mountains and open space areas on the edges
of the Town. New development facilitated by the Town, including the housing units
proposed by the Housing Element Update, would be in the existing urbanized area and
generally would not affect views of the hillside areas or other scenic vistas. The General
Plan EIR states that new development in the urbanized area may be visible from ridges in
the hillside area or from isolated locations in other open space areas of the Town, but
would appear similar to existing surrounding urban development. However, new
structures could be oriented or scaled in such a way that views of the hillside area are
blocked from isolated locations in the Town.
The General Plan’s Community Design Element contains goals and policies to minimize
potential visual impacts on scenic vistas from future development such as Goal CD-16
and its associated policies, which promote and protect scenic resources through design of
new structures or remodels that allow scenic views to all affected properties.
Potentially Significant
Impact
Less-than-Significant Impact with Mitigation
Measures Incorporated
Less-Than- Significant Impact
No Impact
a.Have a substantial adverse effect on a scenic vista?☐☐☒ ☐
b.Substantially damage scenic resources, including but
not limited to trees, rock outcroppings, and historic
buildings within a state scenic highway?
☐ ☐ ☐ ☒
c.In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of
the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
points.) If the project is in an urbanized area, would
the project conflict with applicable zoning and other
regulations governing scenic quality?
☐ ☐ ☐ ☒
d. Create a new source of substantial light or glare, which
would adversely affect day or nighttime views in the
area?
☐ ☐ ☒ ☐
Section C Evaluation of Environmental Impacts 12 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The General Plan EIR concludes (p. 4.1-16) that the General Plan’s goals and policies
would minimize visual intrusion and assist in reducing obstructions of view of the scenic
vistas associated with the open space areas of the Town. Because development facilitated
by the General Plan would occur in existing urbanized areas of the Town, and
implementation of these policies would encourage vistas and visibility of scenic open
space, impacts of the General Plan would be less than significant.
The Housing Element Update is consistent with the growth projections evaluated in the
General Plan EIR. Therefore, development consistent with the Housing Element Update
would be required to implement the General Plan’s applicable goals and policies to
reduce impacts on scenic vistas thereby ensuring its impact would be less than significant.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts on scenic vistas.
b. According to the General Plan EIR (Section 4.1, Aesthetics), there are no state designated
scenic highways within the Town limits and there would be no impacts on scenic
resources within a state scenic highway (Town of Los Gatos 2021, p. 4.1-17)
The sites nearest to the officially designated portion of State Route 9, associated with the
Housing Element Update, are located approximately 0.60 miles east. Development
associated with the Housing Element Update is consistent with the growth projections
evaluated in the General Plan EIR and would not facilitate new development adjacent to
the officially designated portion of State Route 9. The General Plan EIR adequately
addressed the Housing Element Update’s potential impacts on scenic resources within a
state scenic highway.
c. As discussed in the General Plan EIR (Section 4.1, Aesthetics), the General Plan would
facilitate incremental change in the visual character of the Town through development
and redevelopment of land. Implementation of the Housing Element Update, consistent
with the growth projections evaluated in the General Plan EIR, would include the reuse
of existing urbanized lands and infill development on vacant parcels to meet the housing
needs of the growing community.
New development would not substantially degrade the visual character or quality of the
Town by complying with existing design guidelines as well as with General Plan policies.
Impacts would be less than significant (Town of Los Gatos 2021, p. 4.1-24).
Some applicable General Plan policies from the Town of Los Gatos 2020 General Plan’s Land
Use Element are presented below:
Policy LU-7.2 - To ensure compatibility with surrounding neighborhoods, infill
projects shall demonstrate that the development meets the criteria contained in the
Development Policy for In-Fill Projects and the deciding body shall make findings
consistent with this policy.;
Policy LU-7.3 - Infill projects shall contribute to the further development of the
surrounding neighborhood (e.g., improve circulation, contribute to or provide
Section C Evaluation of Environmental Impacts 13 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
neighborhood unity, eliminate a blighted area) and shall not detract from the
existing quality of life.
Policy LU-7.4 - Infill projects shall be designed in context with the neighborhood
and surrounding zoning with respect to the existing scale and character of
surrounding structures, and should blend rather than compete with the established
character of the area; and
Policy LU-1.4 - Infill projects shall be designed in context with the neighborhood
and surrounding zoning with respect to the existing scale and character of
surrounding structures, and should blend rather than compete with the established
character of the area.
The Housing Element Update would adhere to the applicable General Plan policies and
the Town’s existing design guidelines to ensure that development facilitated by the
Housing Element Update does not substantially degrade visual character and quality of
Los Gatos. As previously stated, the General Plan EIR concluded that new development
would result in less than significant impacts associated with degrading the visual character
or quality of the Town. Given that the Housing Element Update is consistent with the
growth evaluated in the General Plan EIR, the Housing Element Update would result in
less than significant impacts on scenic quality.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts on scenic quality.
d. As identified in the General Plan EIR (Section 4.1, Aesthetics), new development
facilitated under the General Plan would increase the development intensity throughout
the Town, thereby introducing new sources of light. Potential sources of new nighttime
light from new development include light spillover from the windows of residences and
businesses, outdoor security lighting, lighted signs, and streetlights. New development
could also produce glare from sunlight reflecting off windows, reflective surfaces, etc.
The development that would be facilitated by the General Plan, such as the housing sites
associated with the Housing Element Update, would occur in already-urbanized areas of
the Town, where existing lights and surfaces with glare are common. As a result, the
General Plan EIR concluded that additional light and glare created under the General
Plan, which includes the Housing Element Update, would not illuminate or contribute to
light pollution in currently dark or unlit areas without reflective or glaring surfaces (p. 4.1-
25).
The Housing Element Update would also be required to comply with General Plan Policy
CD-3.2, which requires that street and structure lighting minimize its visual impacts by
preventing glare, limiting the amount of light that falls on neighboring properties, and
avoiding light pollution of the night sky. In addition, safety lighting that may be
implemented with the Housing Element Update would be required to conform to Town-
prescribed lighting regulations provided in Section 29.10.09015, Residential Outdoor
Lighting, of the Los Gatos Municipal Code.
Section C Evaluation of Environmental Impacts 14 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
According to the General Plan EIR, new sources would not substantially increase the
amount of nighttime lighting or glare in the already urbanized Town. The General Plan
has an overall intent to improve the visual quality of Los Gatos and considers light and
glare impacts from new development in the Town; therefore, the General Plan EIR
concludes that impacts associated with light and glare would be less than significant
(p. 4.1-25). The Housing Element Update is consistent with the growth projections
evaluated in the General Plan EIR and, therefore, would result in be less than significant
impacts associated with light and glare. The General Plan EIR adequately addressed the
Housing Element Update’s potential impacts on light and glare.
Section C Evaluation of Environmental Impacts 15 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
2. AGRICULTURE AND FOREST RESOURCES
In determining whether impacts on agricultural resources are significant environmental effects
and in assessing impacts on agriculture and farmland, lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California
Department of Conservation as an optional model to use in assessing impacts on agriculture and
farmland. In determining whether impacts to forest resources, including timberland, are
significant environmental effects, lead agencies may refer to information compiled by the
California Department of Forestry and Fire Protection regarding the state’s inventory of forest
land, including the Forest and Range Assessment Project and the Forest Legacy Assessment
project; and forest carbon measurement methodology provided in Forest Protocols adopted by
the California Air Resources Board. Would the project:
Comments:
a. According to the General Plan EIR (Section 4.2, Agriculture and Forest Resources), the
General Plan does not propose new or expanded conversion of Important Farmland or
forestland to new uses and the Town prioritizes infill development and maximizing the
underutilized parcels in the Town while maintaining existing community character.
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and the housing sites associated with the
Housing Element Update would occur as infill development or on underutilized parcels
in the Town.
Potentially Significant
Impact
Less-than-Significant Impact with Mitigation
Measures Incorporated
Less-Than- Significant
Impact
No Impact
a.Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
☐ ☐ ☒ ☐
b.Conflict with existing zoning for agricultural use, or a
Williamson Act contract?☐ ☐ ☐ ☒
c.Conflict with existing zoning for, or cause rezoning
of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
☐ ☐ ☐ ☒
d.Result in the loss of forest land or conversion of
forest land to non-forest use?☐ ☐ ☐ ☒
e. Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland to nonagricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☒
Section C Evaluation of Environmental Impacts 16 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Some of the sites associated with the Housing Element Update’s Lark Avenue Area are
identified as Prime and Unique Farmland by the Farmland Mapping and Monitoring
Program (California Department of Conservation 2018). Conversion of Important
Farmland-designated lands to non-agricultural uses is considered an environmental
impact. However, the Lark Avenue Area sites have been anticipated for residential uses
since the previous general plan in 2011 (Town of Los Gatos 2011, Figure LU-3), are
zoned for residential uses (Town of Los Gatos 2019), and are surrounded by urban uses
(Google Earth 2022). Therefore, development associated with the Housing Element
Update would result in less than significant impacts related to the conversion of
Important Farmlands to non-agricultural uses and would not involve other changes in the
existing environment which, due to their location or nature, could result in conversion of
Farmland to nonagricultural use.
b. None of the housing sites are zoned for agricultural use or are in a Williamson Act
contract. See General Plan EIR Figure 4.2-2, Important Farmlands and Williamson Act
Contracts in Los Gatos and SOI, within Section 4.2, Agriculture and Forest Resources.
Therefore, the Housing Element Update would not conflict with land currently zoned for
agricultural use or with a Williamson Act contract.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts on Williamson Act contracted land and conversion of land zoned for agricultural
use.
c-e. The Town does not contain forest lands (Section 4.18, Effects Found Not to be
Significant, Town of Los Gatos 2021, p. 4.18-1); therefore, development consistent with
the growth projections evaluated in the General Plan EIR, such as the Housing Element
Update, would not facilitate new or additional development that would conflict with
existing zoning of or result in the loss of forest land to non-forest uses. In addition, the
land throughout the southern and eastern portions of Los Gatos are no longer used as a
source of timber for logging (Section 4.2, Agriculture and Forest Resources, p. 4.2-9). No
impact would occur associated with the availability of forestry resources within the Town
(Town of Los Gatos 2021, p. 4.18-1), or involve other changes in the existing
environment which, due to their location or nature, could result in conversion of forest
land to non-forest use.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts on forest lands.
Section C Evaluation of Environmental Impacts 17 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
3. AIR QUALITY
Where available, the significance criteria established by the applicable air quality management
district or air pollution control district may be relied upon to make the following determinations.
Would the project:
Comments:
a. The most recently adopted air quality plan applicable to the Town of Los Gatos is the
Bay Area Air Quality Management District’s Final 2017 Clean Air Plan, which describes
how the San Francisco Bay Area will achieve compliance with the state’s one-hour ozone
standard as expeditiously as practicable, and how the region will reduce transport of
ozone and ozone precursors to neighboring air basins. As discussed in the General Plan
EIR (Section 4.3, Air Quality), some of the General Plan policies within the Environment
and Sustainability Element and the Mobility Element are aimed at reducing vehicle
emissions and energy use, which are two major drivers of criteria air pollutant emissions.
General Plan Policy ENV-11.2 requires the increase in energy efficiency in municipal
facilities; Policy ENV-11.4 promotes the use of efficient energy in new residences,
businesses, and municipal buildings; and Policies ENV-11.5 and ENV-11.6 support the
use of solar and organic waste recycling. Development projected by the General Plan
would also be designed to promote active transportation and reduce vehicle miles
traveled (VMT) in the Town, further reducing vehicle emissions through Policies
ENV-8.3, MOB-1.1, MOB-1.2, MOB-2.2, MOB-2.3, and MOB-2.11.
Implementation of these General Plan policies would ensure that development under the
General Plan would not result in significant criteria pollutant emissions or other
significant air quality impacts. Therefore, the General Plan would be consistent with the
goals of the Final 2017 Clean Air Plan (Town of Los Gatos 2021, p. 4.3-9). The General
Plan EIR also concluded that the General Plan would be consistent with applicable
Potentially
Significant Impact
Less-than-Significant
Impact with Mitigation Measures Incorporated
Less-Than-
Significant Impact
No Impact
a.Conflict with or obstruct implementation of the
applicable air quality plan?☐ ☐ ☐ ☒
b.Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
nonattainment under an applicable federal or state
ambient air quality standard?
☐ ☒ ☐ ☐
c.Expose sensitive receptors to substantial pollutant
concentrations?
☐ ☐ ☒ ☐
d.Result in other emissions, such as those leading to
odors adversely affecting a substantial number of
people?
☐ ☒ ☐ ☐
Section C Evaluation of Environmental Impacts 18 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
control measures identified within the Final 2017 Clean Air Plan because it would
implement similar measures through specific goals and policies that would reduce criteria
pollutant emissions (p. 4.3-14). Additionally, it was concluded that buildout of the
General Plan would not preclude planned transit or bike pathways and would not
otherwise disrupt regional planning efforts to reduce VMT and meet federal and state air
quality standards (Town of Los Gatos 2021, p. 4.3-14).
The Bay Area Air Quality Management District’s 2017 CEQA Air Quality Guidelines
threshold for criteria air pollutants and precursors includes an assessment of the rate of
increase of VMT and population. According to the General Plan EIR, because of the
Town’s geographic and socioeconomic context, the rate of increase of service population
is a more appropriate indicator than typical population as to whether the increase in VMT
would be considered significant. It was determined that because VMT associated with
buildout of the General Plan would increase by approximately 25 percent (General Plan’s
507,845 daily VMT/existing conditions 2,044,937 daily VMT), it would not exceed the
rate of increase from the forecast population of approximately 29 percent (General Plan’s
population increase of 8,971/Town’s population of 30,832). Therefore, impacts
concerning criteria pollutants would be less than significant (Town of Los Gatos 2021,
p. 4.3-14).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and would be required to implement the
applicable goals and policies of the Environment and Sustainability Element and the
Mobility Element mentioned previously to ensure that development of the individual sites
would not result in significant criteria pollutant emissions or other significant air quality
impacts. Additionally, because many of the General Plan goals and policies are similar to
the control measures outlined in the Final 2017 Clean Air Plan, implementation of them
by the Housing Element Update would reduce criteria pollutant emissions. The Housing
Element Update would also be required to promote active transportation through
implementation of the applicable policies identified in the Mobility Element and stated
above, reducing vehicle emissions.
The proposed population increase under the Housing Element Update is less than what
was considered under the General Plan’s total buildout population and was evaluated by
the General Plan EIR. Therefore, development associated with the Housing Element
Update would not involve a VMT increase that exceeds the rate of the forecasted
population.
For these reasons, the Housing Element Update, consistent with the growth projections
evaluated in the General Plan EIR, would not conflict with or obstruct implementation of
the applicable air quality plan. The General Plan EIR adequately addressed the Housing
Element Update’s potential impact related to the conflict with an applicable air quality
plan.
b. Development under the General Plan would involve construction activities that may
result in air pollutant emissions such as demolition, grading, construction worker travel,
Section C Evaluation of Environmental Impacts 19 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
delivery hauling of construction supplies and debris, and fuel combustion by onsite
construction equipment. Construction activities would temporarily create emissions of
dust, fumes, equipment exhaust, and other air contaminants during site preparation and
grading, but the extent of daily emissions is unknown as it depends on the quantity of
equipment and the hours of operation for each project.
The Bay Area Air Quality Management District’s 2017 CEQA Air Quality Guidelines do
not have plan-level significance thresholds for construction air pollutant emissions that
would apply to the General Plan. However, there are project-level thresholds for
construction emissions that determine if a project’s construction emissions would be
individually and cumulatively less than significant (i.e., if the construction emissions fall
below the project-level thresholds). The Bay Area Air Quality Management District also
identifies feasible fugitive dust control measures for construction activities that are
recommended for all projects. Additionally, the Bay Area Air Quality Management
District and California Air Resources Board have regulations that address the handling of
hazardous air pollutants such as lead and asbestos, which could be aerially disbursed
during demolition activities.
Section 4.3, Air Quality, of the General Plan EIR determined that construction associated
with development under the General Plan would temporarily increase air pollutant
emissions and possibly create localized areas of unhealthy air pollution concentrations or
air quality nuisances. The General Plan’s goals and policies do not include
implementation of feasible measures to reduce construction emissions associated with
development and, therefore, the following mitigation would be required by all
development under the General Plan to reduce temporary construction air quality impacts
to a less-than-significant level (Town of Los Gatos 2021, p. 4.3-16 and -17).
Mitigation Measure
AQ-1 New discretionary projects in the General Plan Area that exceed the construction
screening criteria of the Bay Area Air Quality Management District shall be
conditioned to reduce construction emissions of reactive organic gases, nitrogen
oxides, and particulate matter (PM10 and PM2.5) by implementing the Bay Area Air
Quality Management District’s Basic Construction Mitigation Measures
(described below) or equivalent, expanded, or modified measures based on
project and site-specific conditions.
Basic Construction Mitigation Measures:
1.All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day, with priority
given to the use of recycled water for this activity when feasible.
2.All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
Section C Evaluation of Environmental Impacts 20 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
3.All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping shall be prohibited.
4.All vehicle speeds on unpaved roads shall be limited to 15 mph.
5.All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
6.Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations). Clear signage shall be provided for construction
workers at all access points.
7.All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be
checked by a certified visible emissions evaluator.
8.A publicly visible sign shall be posted with the telephone number and person
to contact at the lead agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The Bay Area Air Quality
Management District’s phone number shall also be visible to ensure
compliance with applicable regulations.
Implementation of the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and may result in the generation of air
pollutant emissions during construction activities. As discussed above, there are no
thresholds for construction-related air pollutant emissions that would apply to the
Housing Element Update because specific developments are unknown at this time.
Therefore, individual development associated with the Housing Element Update would
be required to implement Mitigation Measure AQ-1 in order to reduce temporary
construction air quality impacts and ensure that the Housing Element Update’s potential
increase of criteria pollutants, for which the region is in nonattainment, would be less
than cumulatively considerable.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts related to the increase of any criteria pollutant for which the region is
nonattainment under an applicable federal or state ambient air quality standard.
c. Sensitive receptors include residences, schools, and hospitals and are located throughout
the Town. Pursuant to the Bay Area Air Quality Management District’s 2017 CEQA Air
Quality Guidelines when assessing community risk and hazards for siting a new receptor,
sources such as freeways or high-volume roadways within a 1,000-foot radius of a project
Section C Evaluation of Environmental Impacts 21 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
site are typically considered. As discussed in the General Plan EIR (Section 4.3, Air
Quality), development projected by the General Plan could result in additional sources of
toxic air contaminants through its commercial uses and, therefore, could increase the
number of stationary or permitted sources that emit toxic air contaminants in the Town
of Los Gatos. There are also several high-volume roadways within and around Los
Gatos, such as State Routes 17 and 85, Los Gatos Boulevard, and Winchester Boulevard.
Areas of high traffic volumes typically result in elevated concentrations of carbon
monoxide as the major source is automobile traffic.
The Bay Area Air Quality Management District’s 2017 CEQA Air Quality Guidelines have
established preliminary screening criteria in determining whether a project would have a
significant impact to localized carbon monoxide concentrations. It is noted that the
screening criteria is not a threshold of significance, but is designed to provide the Town
and project applicants with a conservative indication of whether a project would result in
potentially significant air quality impacts. Using the screening criteria, the General Plan
EIR determined that the highest traveled intersection in the Town (Los Gatos Boulevard
at Lark Avenue) does not exceed traffic volumes for intersections affected by carbon
monoxide and the General Plan would not substantially contribute to or result in the
creation of carbon monoxide hotspots.
However, development under the General Plan may result in sensitive receptors placed in
the proximity to high-volume roadways and freeways, which could expose sensitive
receptors to pollutant concentrations. Development under the General Plan would be
required to comply with General Plan Policy ENV-8.7, which requires that developments
incorporate site planning techniques that reduce exposure of people to the impacts of
high air pollutants from adjacent high-volume roadways. The General Plan EIR,
therefore, concluded that impacts related to exposing sensitive receptors to pollutant
concentrations would be less than significant (p. 4.3-18).
Development associated with the Housing Element Update could place sensitive
receptors (i.e., residences) adjacent to high-volume roadways. The Housing Element
Update does not, however, involve the increase in commercial development over existing
conditions. Therefore, the Housing Element Update would not result in additional
sources of toxic air contaminants through commercial uses increasing the number of
stationary or permitted sources that emit toxic air contaminants in the Town. The
Housing Element Update is consistent with the growth projections evaluated in the
General Plan EIR and, therefore, would be required to comply with General Plan Policy
ENV-8.7.
Because the Housing Element Update was evaluated in the General Plan EIR and
anticipated by the General Plan, development associated with the Housing Element
Update would result in less than significant impacts related to exposing sensitive
receptors to pollutant concentrations.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts related to sensitive receptors.
Section C Evaluation of Environmental Impacts 22 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
d. The Bay Area Air Quality Management District’s CEQA Air Quality Guidelines state that
the land uses that typically produce objectionable odors include agricultural uses,
wastewater treatment plants, food manufacturing plants, chemical plants, composting,
refineries, landfills, and confined animal facilities. The General Plan would intermix
industrial land uses with residential areas, which could have the potential to expose
sensitive receptors (such as residents) to odors. Therefore, according to the General Plan
EIR’s Section 4.3, Air Quality, the General Plan’s anticipated industrial development in
these areas may result in objectionable odors that may affect a substantial number of
people.
Construction associated with implementation of the General Plan could also emit odors
from the construction vehicles and engine exhaust and idling, which may affect nearby
receptors. Mitigation Measure AQ-1 would reduce construction air quality impacts to a
less-than-significant level by reducing idling times and making sure that construction
equipment is in proper working order (Town of Los Gatos 2021, p. 4.3-18).
The Housing Element Update does not involve the increase in any use other than
residential, which the Bay Area Air Quality Management District determines as not
typically producing objectionable odors. Development associated with the Housing
Element Update is consistent with the growth projections evaluated in the General Plan
EIR. Therefore, the Housing Element Update would not result in the development of
land uses that may expose sensitive receptors to objectionable odors. However,
development associated with the Housing Element Update would involve construction
activities, the equipment of which could emit odors that are objectionable to nearby
sensitive receptors. Therefore, the Housing Element Update would be required to
implement Mitigation Measure AQ-1 to reduce construction air quality impacts and their
effect on nearby sensitive receptors.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
impact sensitive receptors with the creation of objectionable odors.
Section C Evaluation of Environmental Impacts 23 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
4. BIOLOGICAL RESOURCES
Would the project:
Comments:
a. Table 4.4-1 of the General Plan EIR (within Section 4.4, Biological Resources) illustrates
that almost half of the Town is developed or an urban land use and does not provide
habitat for the special-status species reported or known to occur in or near the Town of
Los Gatos. Areas that may provide habitat for special-status species are primarily located
in the open space and undeveloped hillside areas of the planning area and the waterways
and wetlands adjacent to the waterways in the planning area, such as Los Gatos Creek
and Ross Creek (Town of Los Gatos 2021, p. 4.4-12). As discussed throughout the
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a. Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, regulations,
or by the California Department of Fish and Wildlife
or US Fish and Wildlife Service?
☐ ☐ ☒ ☐
b.Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified
in local or regional plans, policies, or regulations, or by
the California Department of Fish and Wildlife or US
Fish and Wildlife Service?
☐ ☐ ☒ ☐
c. Have a substantial adverse effect on state or federally
protected wetlands (including, but not limited to,
marsh, vernal pool, coastal, etc.), through direct
removal, filing, hydrological interruption, or other
means?
☐ ☐ ☒ ☐
d. Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
☐ ☐ ☒ ☐
e.Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☐ ☐ ☐ ☒
f.Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
☐ ☐ ☒ ☐
Section C Evaluation of Environmental Impacts 24 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
General Plan EIR, the General Plan focuses on infill development and redevelopment
within the Town limits, which do not provide habitat suitable for special-status species.
Urban development is not allowed in areas of open space and the General Plan would
not change these existing land use designations in order to prevent substantial
development of the Town’s chaparral and scrubland habitats. The General Plan would
also not facilitate permanent development in the riparian vegetation along the Town’s
creeks and adjoining riparian areas.
Although development under the General Plan would occur in urban areas where
infrastructure is already in place, the General Plan facilitates the increase in allowable
density that could occur on some of the infill and redevelopment sites within the Town,
which could require the upgrading of infrastructure facilities within riparian vegetation
along creeks and waterways. Additionally, development within proximity to vegetation
cover could result in new sources of light that affect nesting patterns or wildlife behavior.
This would result in potential temporary riparian and aquatic habitat impacts that support
special-status species. Further, development facilitated by the General Plan could impact
isolated trees and pockets of vegetation in the urbanized areas of Los Gatos. These trees
and isolated pockets could provide habitat for special-status species, including migratory
nesting birds, the disturbance or potential loss of which would be considered a
significant, adverse impact.
Development under the General Plan would be subject to the provisions of various
federal and state natural resources regulations and their respective permitting processes
and would be required to implement the list of various goals and policies of the General
Plan to help prevent loss of special-status species habitat in the Town. Specifically
General Plan Policies ENV-5.2 and ENV-7.1, which would protect special-status plants
and wildlife species and their habitats from adverse impacts of public and private
projects, and Policies ENV-6.1 and ENV-16.2, which would protect aquatic habitat and
adjacent riparian habitat. General Plan Policy ENV-7.11 would also be applicable and
require implementation by development as it reduces indirect impacts to wildlife from
light spill or light trespass from nearby development. Policy ENV-7.5 and ENV-7.10
would also prevent direct impacts to migratory nesting birds. Implementation of the
General Plan’s applicable goals and policies, as well as compliance with state and federal
regulations related to special-status species and their habitats, would ensure that impacts
to special-status species and their habitats would be less than significant (Town of Los
Gatos 2021, p. 4.4-16).
Development associated with the Housing Element Update would involve infill or the
redevelopment of sites. No sites under the Housing Element Update are located within
the Town’s hillside or open space areas that could contain habitats for special-status
species. However, some of the sites associated with the Housing Element Update (within
the Winchester Boulevard Area and Lark Avenue Area) are adjacent to the Los Gatos
Creek. Development at these sites could result in indirect impacts on potential special-
status species that are present in this riparian area through the creation of new light
Section C Evaluation of Environmental Impacts 25 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
sources that may affect the nesting patterns or behavior. Other impacts that could occur
by development include the removal of or disturbance to isolated trees and pockets of
vegetation that could provide habitat to nesting birds.
Development associated with the Housing Element Update would be required to comply
with applicable policies of the General Plan such as Policy CD-3.2 and the Town-
prescribed lighting regulations provided in Town Code Section 29.10.09015, which are
described further in Section 1.0, Aesthetics, checklist question “d;” Policy LU-1.3, which
promotes high quality, well-designed, environmental sensitive, and diverse landscaping in
new and existing developments and the preservation of existing trees, natural vegetation,
natural topography, riparian corridors and wildlife habitats; Policy ENV-5.1, which
requires that all development use native plants or appropriate non-invasive plants that are
indigenous to Los Gatos and Santa Clara County to reduce disturbance of adjacent
natural habitat; Policies ENV-5.2, -5.3, and -5.4, which all require that development
protect special-status native plant species by way of prohibiting development that
depletes or damages existing native plant species and prohibiting the use of invasive plant
species; and Policies ENV-6.1, ENV-7.1, and ENV-16.2 mentioned previously.
Implementation of the General Plan’s applicable goals and policies, as well as compliance
with state and federal regulations related to special-status species and their habitats, would
ensure that impacts to special-status species and their habitats by development associated
with the Housing Element Update would be less than significant.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
impact special-status species and their habitats.
b. The General Plan would facilitate infill development and redevelopment within existing
urbanized areas of the Town and, therefore, is unlikely to contain surface waters and
associated riparian vegetation zones. However, Section 4.4, Biological Resources, of the
General Plan EIR explains that it is possible that the infill development facilitated by the
General Plan would increase density in some areas, which could require upgraded utilities
or stormwater drainage in areas of riparian habitat and streams, the construction of which
could cause adverse, environmental impacts.
The General Plan’s applicable goals and policies would require conservation of existing
creeks and avoidance of disturbing creeks as well as requiring setbacks and measures to
protect riparian areas. Implementation of the General Plan’s goals and policies would
ensure that development under the General Plan would result in less than significant
impacts on riparian habitats (Town of Los Gatos 2021, p. 4.4-17).
Some of the sites associated with the Housing Element Update’s Winchester Boulevard
Area and Lark Avenue Area are located adjacent to the Los Gatos Creek. Development
of these sites could result in ground disturbance that adversely impacts the adjacent
riparian habitat. However, the Housing Element Update would be required to comply
with General Plan Policy ENV-6.1, preventing development from damaging riparian
areas; ENV-6.2, requiring that riparian corridors, among other water courses, be retained
Section C Evaluation of Environmental Impacts 26 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
in their natural condition; ENV-6.3, which requires that setbacks and measures are
implemented to protect riparian corridors; ENV-6.4, promoting the planting of local
naïve trees and shrubs where development occurs on land surrounding streams; and
ENV-16.4, which requires the conservation of existing creeks and the avoidance of
disturbances to these areas.
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and the sites were evaluated with
residential land uses in the General Plan EIR. Therefore, implementation of the
applicable General Plan policies identified above would ensure that impacts on riparian
habitats by development under the Housing Element Update would be reduced to a less-
than-significant level.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
impact on riparian habitats or other sensitive natural communities.
c. The General Plan would facilitate infill development and redevelopment within existing
urbanized areas of the Town and, therefore, is unlikely to contain jurisdictional wetlands.
However, Section 4.4, Biological Resources, of the General Plan EIR explains that it is
possible that the infill development facilitated by the General Plan would increase density
in some areas, which could require upgraded utilities or stormwater drainage in areas of
jurisdictional wetlands and streams, the construction of which could cause adverse,
environmental impacts
Detailed wetland delineations would be needed to determine the extent of any
jurisdictional wetlands and other waters at specific locations and the U.S. Army Corps of
Engineers is responsible for making a final determination for a particular site.
Compliance with the requirements of the Clean Water Act would be required for any
project proposed under the General Plan as well as compliance with the goals and
policies from the Environment and Sustainability Element and the Open Space, Parks,
and Recreation Element of the General Plan; specifically General Plan Policy ENV-6.1,
which would prevent development within wetlands. Implementation and compliance
with state and federal regulations and the General Plan’s goals and policies promoting
restoration of wetland and riparian habitat, impacts from development under the General
Plan on wetlands would be less than significant (Town of Los Gatos 2021, p. 4.4-17).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR; therefore, the Housing Element Update
would not propose residences on land with jurisdictional wetlands. The Housing
Element Update would be required to comply with the requirements of the Clean Water
Act and implement all applicable General Plan policies whose purpose is to protect
wetlands within the Town (e.g., the policies associated with General Plan Goals ENV-6
and ENV-16). Compliance with state and federal regulations and implementation of
applicable General Plan goals and policies would ensure that the Housing Element
Update’s potential impact on wetlands would be less than significant.
Section C Evaluation of Environmental Impacts 27 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts on wetlands.
d. The General Plan promotes redevelopment and infill development, which would occur in
the developed portions of the Town. The developed areas of Los Gatos would not
provide for wildlife movement corridors because the areas are developed with buildings
and roads. Wildlife movements in the Town are generally limited to the hillside areas to
the south and east, and the creeks, such as the Los Gatos Creek. However, Section 4.4,
Biological Resources, of the General Plan EIR states that infill development under the
General Plan could require construction of upgraded utilities and infrastructure that are
near stream corridors (such as stormwater outfalls that are typically near riparian areas
adjacent to creeks), which may result in significant environmental effects.
Development under the General Plan would be required to implement applicable General
Plan goals and policies that would encourage wildlife movements and migration, such as
Policy ENV-7.3, which directs the Town to maintain wildlife habitat and movement
corridors for native wildlife species. Because the General Plan would not facilitate
development in open space areas, including stream corridors, and contains policies to
reduce impacts to stream corridors and protect wildlife movement corridors, the General
Plan EIR concluded that impacts would be less than significant (Town of Los Gatos
2021, p. 4.4-20).
Some of the sites associated with the Housing Element Update (within the Winchester
Boulevard Area and Lark Avenue Area) are located adjacent to the Los Gatos Creek.
However, development at these sites, among the others associated with the Housing
Element Update, would be required to implement General Plan Policy ENV-6.1,
requiring that developments do not damage riparian areas, wetlands, and intermittent or
ethereal [sic] streams; Policy ENV-6.2, which requires that creek beds, riparian corridors,
water courses, and associated vegetation are retained in their natural state; and Policy
ENV-6.3, which requires that setbacks and measures are implemented to protect riparian
corridors.
Consistent with the General Plan, the Housing Element Update would not facilitate
development in open space areas, including stream corridors, and would implement all
applicable General Plan policies to reduce impacts to stream corridors and protect
wildlife movement corridors and open space. The sites associated with the Housing
Element Update are not likely to facilitate major wildlife movement due to current active
disturbance. As such, the Housing Element Update would have a less than significant
impact on wildlife movement.
The General Plan EIR adequately addresses the Housing Element Update’s potential to
interfere with the movement of migratory species.
e. Development under the General Plan could remove trees or substantially prune trees for
construction. As discussed in the General Plan EIR (Section 4.4, Biological Resources),
Section C Evaluation of Environmental Impacts 28 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
development would be subject to all applicable local policies and regulations related to
the protection of important biological resources such as the Town Municipal Code
Chapter 29, Division 2 – Tree Protection. In addition to the Town Municipal Code,
development under the General Plan would be required to comply with the policies
associated with General Plan Goal ENV-2, such as Policy ENV-2.1, which requires that
tree removal and replacement during development is consistent with the latest in tree
conservation standards. Adherence to the tree protection requirements in the Town
Municipal Code and implementation of the applicable General Plan policies would ensure
that development under the General Plan would result in less than significant impacts
related to local policies or ordinances protecting biological resources, such as a tree
preservation policy or ordinance (Town of Los Gatos 2021, p. 4.4-21).
Most of the sites associated with the Housing Element Update contain trees and
development may result in their removal or substantial pruning. However, the Housing
Element Update would be required to comply with the Town Municipal Code’s Tree
Protection standards for the preservation, protection, and maintenance of protected trees,
including Section 29.10.1000 of the Town Municipal Code, which requires that a tree
preservation report be prepared prior to construction on parcels with protected trees.
The Housing Element Update would also comply with all applicable General Plan
policies related to the protection of biological resources. Compliance with the Town
Municipal Code’s Tree Protection standards and applicable General Plan policies would
ensure that development associated with the Housing Element Update would not conflict
with any local policies or ordinances protecting biological resources, such as a tree
preservation policy or ordinance.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
conflict with local policies or ordinances protecting biological resources, such as a tree
preservation policy or ordinance.
f. The Final Santa Clara Valley Habitat Plan (habitat plan) (Santa Clara Valley Habitat Agency
2012) covers approximately 62 percent of Santa Clara County and only a small portion of
this total involves the Town of Los Gatos. The Vasona Lake County Park and the
riparian area on either side of Los Gatos Creek make up the portions of Los Gatos that
are under the habitat plan’s coverage. The General Plan maintains a designation of Open
Space for these areas and would not conflict with the habitat plan. There are no other
adopted Habitat Conservation Plans or Natural Community Conservation Plans
applicable to the planning area and, therefore, the General Plan EIR concluded that the
General Plan would have no impact (Section 4.4, Biological Resources, p. 4.4-21).
Some of the sites associated with the Housing Element Update (the Winchester
Boulevard Area and Lark Avenue Area) are adjacent to the Los Gatos Creek, which is
within the habitat plan’s coverage area. Some portions of these sites are also themselves
located within coverage of the habitat plan (Santa Clara Valley Habitat Agency 2022).
Therefore, pursuant to the provisions of the habitat plan, development within these areas
Section C Evaluation of Environmental Impacts 29 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
would be required to prepare and submit a habitat plan screening form. Development
may also be required to apply for an exemption.
Because the Housing Element Update is consistent with the growth projections evaluated
in the General Plan EIR, development at the Winchester Boulevard Area and Lark
Avenue Area would prepare and submit habitat screening forms reducing its potential to
result in conflict with the provisions of the habitat plan to a less-than-significant level.
The General Plan EIR adequately addresses the Housing Element Update’s potential to
conflict with the provisions of the habitat plan.
Section C Evaluation of Environmental Impacts 30 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
5. CULTURAL RESOURCES
Would the project:
Comments:
a, b. According to the General Plan EIR (Section 4.5, Cultural and Tribal Cultural Resources),
effects on cultural resources are only knowable once a specific project has been proposed
because the effects are dependent on the individual project site conditions, project
activities that may alter the character of an environment’s resources, and/or the
characteristics of the proposed ground-disturbing activity (p. 4.5-10). Ground-disturbing
activities associated with development under the General Plan have the potential to
damage or destroy previously unknown historic or prehistoric archaeological resources
that may be present on or below the ground surface. In addition to compliance with
applicable General Plan policies, development consistent with the General Plan would be
required to complete a Phase I Cultural Resources Inventory of the site, as discussed
under Mitigation Measure CR-1 below (Town of Los Gatos 2021, p. 4.5-12).
None of the sites associated with the Housing Element Update are located within the
Town’s Historic Districts (Town of Los Gatos 2022d); however, because development at
each of the individual sites has not yet been proposed, construction activities could occur
in areas that have not been previously developed with urban uses, have not been studied
through a cultural resources investigation, or the excavation activities could reach depths
that exceed those previously attained. Therefore, in order to ensure that development
within the Town does not have detrimental effects on cultural resources, each individual
project would need to be assessed as it is proposed.
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, would be required to
comply with General Plan Policy ENV-12.1, which requires that archaeological and/or
cultural resources are evaluated early in the development review process through
consultation and use of contemporary professional techniques and Policy ENV-12.5,
requiring that if cultural resource, including archaeological or paleontological resources,
are uncovered during ground-disturbing activities, construction will stop until appropriate
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a.Cause a substantial adverse change in the significance
of a historical resource pursuant to section 15064.5?
☐ ☒ ☐ ☐
b.Cause a substantial adverse change in the significance
of an archaeological resource pursuant to section
15064.5?
☐ ☒ ☐ ☐
c. Disturb any human remains, including those interred
outside of dedicated cemeteries?☐ ☐ ☒ ☐
Section C Evaluation of Environmental Impacts 31 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
mitigation is implemented. In addition to compliance with General Plan policies, the
Housing Element Update would be required to implement Mitigation Measure CR-1 in
order to reduce impacts to a less-than-significant level.
Mitigation Measure
CR-1 If a project requires activities that have the potential to impact cultural resources,
the Town shall require the project applicant or proponent to retain a qualified
archaeologist meeting the Secretary of the Interior’s (SOI) Professional
Qualification Standards (PQS) in archaeology and/or an architectural historian
meeting the SOI PQS standards in architectural history to complete a Phase 1
cultural resources inventory of the project site (NPS 1983). A Phase 1 cultural
resources inventory shall include a pedestrian survey of the project site and
sufficient background archival research and field sampling to determine whether
subsurface prehistoric or historic remains may be present. Archival research shall
include a records search conducted at the Northwest Information Center (NWIC)
and a Sacred Lands File (SLF) search conducted with the Native American
Heritage Commission (NAHC). The technical report documenting the Phase 1
cultural resources inventory shall include recommendations to avoid or reduce
impacts to cultural resources. These recommendations shall be implemented and
incorporated in the project.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts on historic and archaeological resources.
c. As discussed in the General Plan EIR (Section 4.5, Cultural and Tribal Cultural
Resources), the potential to discover human burials within the Town exists even though
much of the Town is built out. Excavation during construction activities would have the
potential to disturb these resources. Therefore, development associated with the Housing
Element Update, which is consistent with the growth projections evaluated in the
General Plan EIR, has the potential to disturb these unknown Native American burials.
The General Plan EIR determined that development under the General Plan (inclusive of
the Housing Element Update) would be required to comply with existing regulations
relating to the treatment of human remains in General Plan Goal ENV-12: Protect the
Town’s archaeological and cultural resources to maintain and enhance a unique sense of
place.
Development associated with the Housing Element Update would also be required to
comply with General Plan Policy 12.4, which states that any human remains discovered
during implementation of public or private projects within the Town shall be treated with
respect and dignity, and Policy ENV-12.6, which encourages development to avoid
impacts to burial sites by designing or clustering development to avoid archaeological
deposits that may contain human remains.
Section C Evaluation of Environmental Impacts 32 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
As concluded in the General Plan EIR, implementation of these General Plan policies
would help ensure that development carried out under the General Plan (including the
Housing Element Update) would have a less than significant impact from potential
disturbance of human remains, including those interred outside of formal cemeteries
(p. 4.5-13).
The General Plan EIR adequately addressed the Housing Element Update’s potential to
disturb human remains, including those interred outside of formal cemeteries.
Section C Evaluation of Environmental Impacts 33 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
6. ENERGY
Would the project:
Comments:
a.Construction Energy Demand. The General Plan EIR (Section 4.6, Energy) discusses
the energy use during construction activities associated with implementation of the
General Plan. It notes that construction would be temporary in nature and the
construction equipment used would be typical of similar-sized construction projects in
the region. Construction contractors would be required to comply with the provisions of
the California Code of Regulations Title 13 Sections 2449 and 2485, which prohibit
diesel-fueled commercial motor vehicles and off-road diesel vehicles from idling for more
than five minutes and would minimize unnecessary fuel consumption. Development
under the General Plan would also be required to comply with construction waste
management practices to divert a minimum of 65 percent of construction debris,
pursuant to the applicable regulatory requirements found in the California Green Building
Standards Code. Compliance with these practices would result in efficient use of energy
necessary to construct development under the General Plan. Therefore, the General Plan
EIR concluded that the General Plan would not involve the inefficient, wasteful, and
unnecessary use of energy during construction, and construction impacts related to
energy consumption would be less than significant (p. 4.6-14).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, developers would be
required to comply with the provisions of the California Code of Regulations Title 13
Sections 2449 and 2485 and the applicable regulatory requirements related to diversion of
construction debris associated with the California Green Building Standards Code in
order reduce unnecessary fuel consumption. The Housing Element Update would result
in the development of residential uses. The Housing Element Update’s energy demand
would not be excessive relative to total Santa Clara County-wide demand or relative to
other land use projects and would not inherently be a source of wasteful energy demand.
Development associated with the Housing Element Update would consume energy, but it
would not be inefficient, wasteful, or unnecessary. Therefore, the impact would be less
than significant.
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a.Result in a potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
☐ ☐ ☒ ☐
b.Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
☐ ☐ ☐ ☒
Section C Evaluation of Environmental Impacts 34 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Operational Energy Demand. Transportation Fuel Consumption - As discussed in the
General Plan EIR (Section 4.6, Energy), operation of the development under the General
Plan would contribute to regional energy demand by consuming electricity, natural gas,
and gasoline and diesel fuels. The General Plan EIR states that fuel consumption is
closely associated with vehicle miles traveled (VMT); the more miles a vehicle travels, the
more fuel that is required and consumed by that vehicle. However, the General Plan EIR
discusses how the VMT generated by the General Plan would not increase boundary
VMT per capita (the VMT within a specific geographic region) in Santa Clara County
and, therefore, the effects from VMT would be localized and not have regional impacts.
This is related to energy because it suggests that fuel consumption resulting from the
General Plan would be consistent with regional trends and would not be wasteful or
inefficient. In addition, this encourages high-density and mixed-use infill developments
with project design that support multi-modal transportation, which improve energy
efficiency because it places residents closer to places of employment. These factors
would help minimize the potential for the General Plan to result in the wasteful,
inefficient, or unnecessary consumption of vehicle fuels.
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, its VMT generation would
not increase boundary VMT per capita in Santa Clara County suggesting that its fuel
consumption, like the General Plan’s consumption, would be consistent with regional
trends and would not be wasteful or inefficient. Implementation of the Housing Element
Update would also involve high-density and mixed-use infill developments thereby
improving energy efficiency.
Natural Gas and Electricity - Development under the General Plan would consume natural
gas and electricity for building heating and power, lighting, and water conveyance, among
other operational requirements. Implementation of the policies associated with General
Plan Goal PFS-6, encouraging development that reduces the use of non-renewable energy
resources and expands the use of renewable resources and alternative fuels, and those
associated with General Plan Goal PFS-7, which promotes green buildings that minimizes
consumption of energy and natural resources, would offset some of the overall energy
demand facilitated by buildout under the General Plan. In addition, developments under
the General Plan would be subject to the energy conservation requirements of the
California Energy Code and the California Green Building Standards Code. In 2018, the
California Building Standards Commission began to require that solar photovoltaic panels
be installed on new low-rise residential buildings (i.e., single-family homes and multi-
family buildings of three stories or less). Because this requirement would involve
applicable new residential development under the General Plan, the operational energy
demand would be supplemented with renewable energy sources to a greater degree.
Therefore, residential development facilitated by the General Plan would, in general, be
less dependent on fossil fuels than previous development.
In addition, the General Plan EIR indicated that a greater proportion of electricity
supplied for operational power needs in Los Gatos through 2040 would be sourced from
Section C Evaluation of Environmental Impacts 35 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
renewables. Renewable energy sources generally result in reduced long-term
environmental impacts compared to non-renewables because renewable sources do not
require combustion of coal or natural gas to generate electricity, which avoids
environmental impacts associated with air pollution and greenhouse gas emissions.
The General Plan EIR concluded that development under the General Plan would not
result in potentially significant environmental effects from wasteful, inefficient, or
unnecessary consumption of energy and this impact would be less than significant
(p. 4.6-14).
Development associated with the Housing Element Update would be required to comply
with the above-mentioned goals and policies located with the Public Facilities, Services,
and Infrastructure Element of the General Plan in order to reduce energy consumption
by development. The Housing Element Update would also be subject to the energy
conservation requirements of the California Energy Code and the California Green
Building Standards Code, which would help offset some of the overall energy demand by
the Housing Element Update. Development associated with the Housing Element
Update would involve new single-family and multi-family structures three stories or less
(i.e., low-rise residential buildings) and, therefore, would be required to install solar
photovoltaic panels pursuant to the adopted 2018 modifications to Title 24 of the
California Energy Code. Therefore, residential development facilitated by the Housing
Element Update, which is consistent with the growth projections evaluated in the
General Plan EIR, would be less dependent on fossil fuels than existing development.
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, would result in less than
significant environmental impacts due to wasteful, inefficient, or unnecessary
consumption of energy resources, during construction or operation. The General Plan
EIR adequately addressed the Housing Element Update’s potential impacts related to
energy demand during construction and operation.
b. Section 4.6, Energy, of the General Plan EIR discussed the General Plan’s consistency
with state plans (California Green Building Standards Code and Title 24 of the California
Energy Code) and a local plan (Los Gatos Sustainability Plan) for renewable energy or
energy efficiency.
State. Any newly constructed buildings under the General Plan would be required to
comply with all building design standards set in the California Building Code’s Title 24
(the California Green Building Standards Code is Part 11 of Title 24). Title 24 requires
the implementation of energy efficient light fixtures and building materials into the design
of new construction projects. The standards identified in Title 24 are updated every three
years and each iteration is more energy efficient than the previous standards.
Development under the General Plan would also be required to comply with Senate Bill
100, which mandates 100 percent clean electricity for California by 2045. Impacts related
to consistency of the General Plan with applicable state plans for increased energy
efficiency and renewable energy use would be less than significant (p. 4.6-15).
Section C Evaluation of Environmental Impacts 36 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, would also be required to
comply with all applicable building design standards identified above and within Title 24.
Compliance with these standards would allow development under the Housing Element
Update to result in more efficient consumption of energy through design features such as
efficient light fixtures and building materials. Additionally, because development
associated with the Housing Element Update would be powered by the existing electricity
grid, it would be powered by renewable energy mandated by Senate Bill 100. The
Housing Element Update, therefore, would not conflict with or obstruct a state plan for
renewable energy or energy efficiency.
Local. The Los Gatos Sustainability Plan was adopted as a long-term strategy to reduce
greenhouse gas emissions in the Town and further implement sustainability measures
from the previous general plan. The document focuses on five sectors, providing specific
measures to reduce greenhouse gas emissions from each sector in order to achieve the
Town’s reduction target of reducing greenhouse gas emissions 15 percent below baseline
emissions (2008 or earlier) by 2020. The sectors covered in this plan are Transportation
and Land Use, Energy, Water, Solid Waste, and Open Space.
The General Plan EIR evaluates the General Plan’s consistency against the Los Gatos
Sustainability Plan in Table 4.6-5, and concludes that the General Plan would be consistent
with the plan and the energy efficiency strategies contained therein. Impacts related to
consistency of the General Plan with applicable local plans for increased energy efficiency
and renewable energy use would be less than significant (p. 4.6-21).
Development associated with the Housing Element Update would be consistent with the
growth projections evaluated in the General Plan EIR and, therefore, would implement
those applicable General Plan goals and policies identified in the consistency analysis
(Table 4.6-5 of the General Plan EIR) in order to comply with the sustainability measures
of the Los Gatos Sustainability Plan. For these reasons, the Housing Element Update
would not conflict with applicable local plans for increased energy efficiency and
renewable energy use.
The General Plan EIR adequately addresses the Housing Element Update’s potential to
conflict with or obstruct a state or local plan for renewable energy or energy efficiency.
Section C Evaluation of Environmental Impacts 37 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
7. GEOLOGY AND SOILS
Would the project:
Comments:
a. Earthquake Rupture. No known fault crosses any one of the sites associated with the
Housing Element Update and the sites are not located in an Alquist-Priolo Earthquake
Zone; the nearest Alquist-Priolo Earthquake Zone is approximately three miles southwest
of the southernmost site associated with the Housing Element Update (California
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a. Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
(1) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42?
☐ ☐ ☐ ☒
(2) Strong seismic ground shaking? ☐ ☐ ☒ ☐
(3) Seismic-related ground failure, including
liquefaction? ☐ ☐ ☒ ☐
(4) Landslides? ☐ ☐ ☐ ☒
b. Result in substantial soil erosion or the loss of topsoil? ☐ ☐ ☒ ☐
c. Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction, or
collapse?
☐ ☐ ☒ ☐
d. Be located on expansive soil, creating substantial
direct or indirect risks to life or property? ☐ ☐ ☒ ☐
e. Have soils incapable of adequately supporting the use
of septic tanks or alternative wastewater disposal
systems where sewers are not available for the disposal
of wastewater?
☐ ☐ ☐ ☒
f. Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? ☐ ☒ ☐ ☐
Section C Evaluation of Environmental Impacts 38 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Department of Conservation 2022). Further, Section 4.7, Geology and Soils, of the
General Plan EIR states that fault rupture is unlikely to affect new or existing structures
in the Town because the only Alquist-Priolo Earthquake Zone is located west of the
Town’s western limits (p. 4.7-19). Therefore, development associated with the Housing
Element Update would also not exacerbate impacts related to earthquake rupture for
faults in an Alquist-Priolo Earthquake Zone.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
directly or indirectly cause potential substantial adverse effects, including the risk of loss,
injury, or death involving rupture of a known earthquake fault.
Seismic Ground-Shaking. The Town is located in an active seismic region with three
faults running through it (Blossom Hill Fault, Shannon Fault, and Berrocal Fault), which
would subject the Town to very strong ground shaking. According to the General Plan
EIR (Section 4.7, Geology and Soils), ground shaking risk would be primarily in the
northern portion of the Town.
Development under the General Plan would result in additional residential and
nonresidential development within the Town, which would potentially expose people and
structures to the effects of seismic ground shaking events. However, the Housing
Element Update is consistent with the growth projections evaluated in the General Plan
EIR and would involve infill development, which would in many cases replace older
structures subject to seismic damage with newer structures built to current seismic
standards that could better withstand the adverse effects of strong ground shaking (p. 4.7-
19). Potential structural damage and the exposure of people to the risk of injury or death
from structural failure would be minimized by compliance with the California Building
Code engineering design and construction measures. Foundations and other structural
support features for development consistent with the General Plan would be designed to
resist or absorb damaging forces from strong ground shaking.
The Housing Element Update would be required to comply with General Plan Policy
HAZ-4.1, which requires new development to be sited away from high risk geologic and
seismic hazard zones or, if located in a high-risk zone, incorporate construction
techniques to reduce risk; Policy HAZ-4.2, which requires a geotechnical report to be
prepared for new development proposed in hazard zones mapped by the state or the
Town; Policies HAZ-4.3 and HAZ-4.4, which both require, respectively, that a
geotechnical report is prepared for development with significant grading, potential
erosion, and sedimentation hazards and for developments proposed in areas with
identified geologic hazards; and Policy HAZ-4.8, which requires that a licensed
geologic/geotechnical engineer complete the Town Geologic Hazards Checklist to
demonstrate that potential hazards have been identified and that proposed structures will
be designed to resist potential earthquake effects (Town of Los Gatos June 2022a). The
General Plan EIR concludes that implementation of the mandatory California Building
Code requirements and the General Plan’s goals and policies would reduce the potential
for loss, injury, or death following a seismic event to a less-than-significant level.
Section C Evaluation of Environmental Impacts 39 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The housing sites associated with the Housing Element Update are located in areas of
medium to high ground-shaking intensity, according to the General Plan EIR’s Figure
4.7-4. However, development associated with the Housing Element Update is consistent
with the growth projections evaluated in the General Plan EIR and would not exacerbate
seismic hazards associated with seismic ground shaking. The Housing Element Update
would be required to implement the requirements of the California Building Code and
applicable General Plan policies to ensure that impacts related to seismic ground-shaking
are less than significant.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
directly or indirectly cause potential substantial adverse effects, including the risk of loss,
injury, or death involving seismic ground-shaking.
Liquefaction. According to the California Department of Conservation’s mapping, the
Town includes areas susceptible to liquefaction located generally in the center of the
Town and along State Route 17 (California Department of Conservation 2022). Most, if
not all, of the sites associated with the Housing Element Update are in areas of
liquefaction susceptibility. According to the General Plan EIR (Section 4.7, Geology and
Soils), foundations and other structural support features for development under the
General Plan, including the Housing Element Update, would be designed to resist or
absorb damaging forces from liquefaction (p. 4.7-20). The Housing Element Update
would be required to comply with General Plan policies identified under the discussion
for Seismic Ground-Shaking, above.
Implementation of General Plan policies, in addition to compliance with applicable laws
and regulations, would minimize the potential for loss, injury, or death following a
seismic event and would reduce impacts to a less-than-significant level (Town of Los
Gatos 2021, p. 4.7-21). Development associated with the Housing Element Update is
consistent with the growth projections evaluated in the General Plan EIR and would
comply with the General Plan policies listed above and applicable laws and regulations of
the California Building Code to ensure impacts are reduced to a less-than-significant level.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
directly or indirectly cause potential substantial adverse effects, including the risk of loss,
injury, or death involving liquefaction.
Landslides. According to the California Department of Conservation’s mapping, the
Town has areas susceptible to landslides throughout much of the southern and eastern
portions of the Town and extending as far north as Blossom Hill Road (California
Department of Conservation 2022). Outside of the hillside areas of the Town, there is
potential for landslides and slope instability along the steep banks of drainages, and steep
graded slopes associated with excavations. However, according to Section 4.7, Geology
and Soils, of the General Plan EIR, landslide potential is minimal in the gently sloping
west central and northernmost portions of the Town (Town of Los Gatos 2021,
Section C Evaluation of Environmental Impacts 40 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
p. 4.7-19). None of the sites associated with the Housing Element Update are located
within these landslide hazard zones and, therefore, development of these sites would not
exacerbate landslide hazards through grading or other site modification activities that
reduce slope stability.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
directly or indirectly cause potential substantial adverse effects, including the risk of loss,
injury, or death involving landslides.
b. Wind and water are the main forces that cause soil erosion. Depending on how well
exposed soil surfaces are protected from these forces, the erosion process can be very
slow or rapid. Removal of natural or manufactured protection can result in substantial
soil erosion and excessive sedimentation. Construction activities that would occur on
individual sites associated with the Housing Element Update represent the greatest
potential cause of erosion.
According to the General Plan EIR (Section 4.7, Geology and Soils), new development
under the General Plan would involve construction activities that may result in loose or
disturbed soils in the Town, which can increase the potential for erosion and loss of
topsoil.
Construction activities that disturb one or more acres of soil and, therefore, would be
subject to the National Pollutant Discharge Elimination System General Permit for
Storm Water Discharges Associated with Construction and Land Disturbance Activities
adopted by the State Water Resources Control Board under the Clean Water Act. The
Town’s Municipal Code Chapter 22, Article III enforces compliance with the
Construction General Permit. Development of any site that disturbs more than one acre
of soil will also be required to file a Notice of Intent with the State Water Resources
Control Board and prepare a Storm Water Pollution Prevention Plan describing erosion
and sediment control best management practices. Chapter 12 of the Town’s Municipal
Code also provides regulatory standards to ensure grading, erosion, and sediment
associated with development are minimized.
Many of the sites associated with the Housing Element Update would involve
construction activities that disturb one or more acres of soil and, therefore, would be
subject to the General Permit and be required to prepare a Storm Water Pollution
Prevention Plan. Compliance is also required with the Town’s Municipal Code Chapter
12 that provides regulatory standards to ensure grading, erosion, and sediment associated
with development are minimized. Development under the General Plan would be
required to implement applicable General Plan policies and goals that would ensure that
construction projects minimize their potential impacts related to erosion. Compliance
with applicable laws and regulation, as well as implementation of applicable General Plan
policies, would reduce impacts to a less-than-significant level (Town of Los Gatos 2021,
p. 4.7-23).
Section C Evaluation of Environmental Impacts 41 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
According to the General Plan EIR, potential for erosion in Los Gatos is highest in the
eastern, southern, and southwestern areas of the Town, with its potential decreasing
toward the center of the Town and minimal in the flat areas just east of State Route 17.
The sites associated with the Housing Element Update are centrally located in the Town,
along and east of State Route 17, with a few sites in the southwestern and northern ends
of the Town. Therefore, there is potential for development associated with the Housing
Element Update to result in soil erosion or loss of topsoil.
Development associated with the Housing Element Update would be required to comply
with General Plan Policy ENV-15.1, which requires all new developments in areas subject
to soil erosion to prepare erosion control plans to minimize soil erosion; Policy ENV-
15.2, which requires that grading permits be issued to ensure that the grading of slopes
and sites proposed for development will be minimized; and Policy ENV-16.9, which
requires that pollution in urban runoff be reduced from residential land use activities and
other land uses.
Adherence to the state’s stormwater discharge permitting requirements, in addition to the
above-mentioned General Plan policies, would ensure that potential impacts associated
with soil erosion and loss of topsoil would be less than significant.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts associated with soil erosion and the loss of topsoil.
c. According to the General Plan EIR (Section 4.7, Geology and Soils), development under
the General Plan would result in additional residential and nonresidential development
within the Town that would be potentially exposed to the effects of unstable soils.
However, potential structural damage and the exposure of people to the risks from
unstable soils from structural failure would be minimized by compliance with the
California Building Code engineering design and construction measures. Foundations
and other structural support features would be designed to resist or absorb damaging
forces from strong ground shaking and liquefaction. In addition to compliance with
mandatory California Building Code requirements, implementation of applicable General
Plan goals and policies, such as those listed previously in this section, would reduce the
potential for development under the General Plan to exacerbate unstable soil conditions
and ensure impacts are less than significant (p. 4.7-20 to 4.7-21).
Structures constructed on soils which are prone to liquefaction are subject to damage and
possible collapse as a result of settlement and lateral spreading due to liquefaction (Town
of Los Gatos 2021, p. 4.7-13). As discussed previously, most of the housing sites
associated with the Housing Element Update are located on land that is susceptible to
liquefaction. Development on the sites associated with the Housing Element Update
could also result in soil erosion or loss of topsoil.
Construction activities on the individual housing sites associated with the Housing
Element Update could risk exacerbating unstable soil conditions during grading and/or
other site development/excavation activities. Developers are required to comply with the
Section C Evaluation of Environmental Impacts 42 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
General Plan policies identified in checklist questions “a” and “b” as well as the
applicable requirements of the California Building Code. A detailed review of design and
construction plans and incorporation of additional structural safety features would be
required on a project-by-project basis, as necessary, for structures that would be located
in areas subject to soil that is unstable, or that would become unstable as a result of the
Housing Element Update.
Implementation of the applicable General Plan policies and the California Building Code
would reduce the adverse effects of unstable geologic units and reduce the potential to
exacerbate soil instability hazards to a less-than-significant level.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts associated with unstable soils.
d. According to the General Plan EIR (Section 4.7, Geology and Soils), the clay minerals in
the Town’s clay and clay loam soils are prone to expansion and have moderate to high
shrink-swell potential (p. 4.7-23). The California Building Code includes requirements to
address soil-related hazards such as the removal, proper fill selection, and compaction of
soil. In cases where soil remediation is not feasible, the California Building Code requires
structural reinforcement of foundations to resist the forces of expansive soils. According
to the General Plan EIR, compliance with the requirements of the California Building
Code would reduce impacts related to expansive soils to a less-than-significant level (p.
4.7-23).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and would be required to comply with the
applicable requirements of the California Building Code. Therefore, impacts related to
expansive soils on the individual sites associated with the Housing Element Update
would be less than significant.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts associated with expansive soils.
e. Development under the General Plan encourages infill development and redevelopment
within the Town of Los Gatos limits and would minimize encroachment into open space
areas where wastewater infrastructure does not currently exist. Therefore, Section 4.7,
Geology and Soils, of the General Plan EIR concludes that the General Plan would result
in less than significant impacts related to soils that are incapable of supporting septic
tanks or alternative wastewater disposal systems (p. 4.7-24).
All proposed sites associated with the Housing Element Update would connect into the
Town’s existing sanitary sewer system and, therefore, no impacts associated with soils
supporting the use of septic tanks would occur.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
have soils onsite that are incapable of adequately supporting the use of septic tanks.
Section C Evaluation of Environmental Impacts 43 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
f. According to the General Plan EIR (Section 4.7, Geology and Soils), the geologic units
exposed at ground surface in the Town and the vicinity include Mesozoic rocks of the
Franciscan Assemblage, the Miocene Temblor Sandstone, the Miocene Monterey
Formation, the Pliocene-Pleistocene Santa Clara Formation, and Quaternary Alluvium.
The Miocene to Pleistocene sedimentary deposits in the Town have a high potential to
yield paleontological resources (Town of Los Gatos 2021, p. 4.7-24). Therefore,
paleontological resources may be encountered during any ground-disturbing activities
associated with implementation of the General Plan. Directly or indirectly destroying a
unique paleontological site is considered a significant environmental impact and,
therefore, the General Plan would be required to comply with General Plan Policy
ENV-12.5, requiring that if cultural resources, including paleontological resources, are
uncovered during grading or other onsite excavation activities, construction shall stop
until appropriate mitigation is implemented. Additionally, implementation of the
following mitigation measure would ensure this potential impact would be less than
significant (p. 4.7-25).
Mitigation Measure
GEO-1 The Town shall require paleontological resource studies for projects that
involve ground disturbance in project areas mapped as high
paleontological sensitivity at the surface or subsurface determined through
environmental review. Additionally, in the event that a paleontological
resource is disclosed, construction activities in the area shall be
suspended, a qualified paleontologist shall be retained to examine the site,
and protective measures shall be implemented to protect the
paleontological resource.
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and may encounter unknown
paleontological resources during construction activities. The Housing Element Update
would be required to implement Mitigation Measure GEO-1 in order to ensure impacts
would be less than significant.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts associated with paleontological resources.
Section C Evaluation of Environmental Impacts 44 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
8. GREENHOUSE GAS EMISSIONS
Would the project:
Comments:
a. According to the General Plan EIR (Section 4.8, Greenhouse Gas Emissions),
development facilitated by the General Plan would involve activities, such as construction
demolition and grading, that would result in greenhouse gas (GHG) emissions. The Bay
Area Air Quality Management District does not have plan-level significance thresholds
for construction GHG emissions that would apply to the General Plan. Therefore, the
General Plan EIR determined that no significance conclusion would be made with regard
to General Plan programmatic construction-related GHG emissions alone; rather
operational and total (construction plus operational) programmatic GHG emissions are
assessed with regard to significance level (Town of Los Gatos 2021, p. 4.8-25).
Los Gatos GHG emissions are based on the Los Gatos communitywide 2008 emissions
inventory and communitywide GHG emissions anticipated related to ongoing activities
within the community and buildout of the General Plan. Projected GHG emissions for
2030, 2040, and 2045 include implementation of the General Plan as well as several state
and local GHG reduction actions that are assumed to be implemented (p. 4.8-25). The
General Plan EIR determined that the GHG emissions generated by the General Plan
would exceed the 2030 efficiency threshold of 3.31 metric tons of carbon dioxide
equivalents (CO2e) per service person per year as well as exceed the 2040 efficiency
threshold of 1.02 metric tons of CO2e per service person per year.
The General Plan EIR explains that while various goals, policies, and implementation
programs contained in the General Plan would implementation some GHG emission
reduction strategies related to energy use and vehicle miles traveled reduction,
development under the General Plan would not achieve GHG reductions to reach less
than significant levels (represented by equal to or less than 3.31 per capita metric tons
CO2e per service person per year and by 2030 and 1.02 per capita metric tons CO2e per
service person per year by 2040). The General Plan EIR indicates that the exceedance is
primarily due to on-road vehicle miles traveled, which accounts for approximately 81
percent of the total emissions, and the main barrier to reducing vehicle miles traveled is
the lack of public transit options in the Town.
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a.Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
☒ ☐ ☐ ☐
b.Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases?
☒ ☐ ☐ ☐
Section C Evaluation of Environmental Impacts 45 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
As discussed in Section 17.0, Transportation, the greatest reduction in vehicle miles
traveled would be from the regional level reduction strategies outlined in Mitigation
Measure T-1, which is explained as not possible since the Town cannot guarantee that
other agencies and municipalities would participate in the regional strategies. Because of
these limitations, development under the General Plan would be required to implement
Mitigation Measure GHG-1.
Mitigation Measure
GHG-1 Los Gatos shall implement the following GHG emissions reduction
measures by sector:
Energy (EN)
Measure EN1: Adopt an ordinance requiring new commercial
construction to be all electric or otherwise operationally carbon
neutral by 2025: Adopt a new building ordinance which bans the
installation of natural gas in new commercial construction by 2025
and requires new commercial buildings to install all-electric equipment
or otherwise be operationally carbon neutral. Support this action by
conducting outreach and education to local developers about the
benefits and resources associated with building carbon neutral
buildings.
Measure EN2: Identify and partner with stakeholders to conduct
electrification outreach, promotion, and education: Leverage
partnerships with stakeholders to conduct outreach, promotion, and
education around new and existing building electrification.
Measure EN3: Develop a Community wide Existing Residential
Building Electrification Plan (EBEP): Support community-wide
existing building electrification through the development of an EBEP
that addresses the feasibility, timeline, equity concerns, local
stakeholder involvement, costs, funding pathways, and
implementation for electrifying existing residential buildings in Los
Gatos.
Measure EN4: Electrify existing residential buildings beginning in
2023: Adopt an electrification ordinance for existing residential
buildings to transition natural gas to electric in two phases, to be
implemented through the building permit process:
Phase I: Limit expansion of natural gas lines in existing buildings
by 2023.
Phase II: Require HVAC system replacements and hot water
heaters replacements to be all-electric by 2023.
Section C Evaluation of Environmental Impacts 46 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Measure EN5: Identify and partner with stakeholders to develop
resident-level funding pathways for implementing electrification
ordinance: Leverage partnerships with stakeholders and establish
funding pathways to ease community members’ costs when complying
with the electrification ordinance, including:
Pass a transfer tax ordinance and provide a rebate for electric
panels and/or other upgrades.
Partner with PG&E, SVCE, and/or other stakeholders to create
or expand electrification/retrofit programs and incentives,
especially for low-income residents. These could include the
PACE program, PG&E’s low-income weatherization. program,
tariffed on-bill financing, metered energy efficiency, or others.
Measure EN6: Decarbonize municipal buildings by 2040: Adopt a
municipal building energy decarbonization plan to decarbonize
municipal building energy operations by 2040. This plan would
include a new building electrification policy as well as an existing
building natural gas phase-out policy.
Measure EN7: Coordinate with stakeholders to provide local energy
generation support and incentives for the community: Partner with
PG&E, SVCE, and/or other stakeholders to support and incentivize
local on-site energy generation and storage resources within the
community.
Measure EN8: Develop an EV Readiness Plan to Support
Installation of 794 Chargers by 2030: Develop an EV Readiness Plan
that supports the installation of 794 chargers (at least 160 of which
would be public chargers) and a 30 percent EV share of registered
passenger vehicles in Los Gatos by 2030. This plan should establish
a path forward to increase EV for implementation of public charging
infrastructure in key locations. In conjunction with an EV Readiness
Plan, conduct a community EV Feasibility Study to assess
infrastructure needs and challenges, particularly in frontline
communities.
Measure EN9: Increase privately owned EV charging infrastructure:
Amend the Town’s Building Code and Local Reach Code to require
the following:
EV capable attached private garages for new single-family and
duplex residential development;
20 percent EV capable charging spaces and panel capacity for new
multi-family residential development;
Section C Evaluation of Environmental Impacts 47 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
20 percent EV capable charging spaces for new commercial
development; and
At least 1 percent working chargers for all new development and
major retrofits.
Measure EN10: Increase Town-owned and publicly accessible EV
charging infrastructure: Work with public and private partners to
ensure there are sufficient publicly accessible DCFC and Level 2 EV
chargers around the Town by 2030, with a focus on providing access
to low-income households and affordable housing. Install new
publicly accessible EV chargers at Town-owned facilities. Develop
and implement a fee for use of Town-owned chargers to encourage
efficient use and turnover, especially for those without home
charging capability.
Measure EN11: Identify and partner with stakeholders to develop
EV-related rebates: Investigate partnerships with public and private
partners for rebates on at-home electric circuits, panel upgrades, and
Level 2 chargers, with a focus on supporting EV purchases for low-
income households in frontline communities.
Measure EN12: Encourage EV adoption and infrastructure
improvements: Conduct outreach, promotion, and education to
encourage EV adoption and infrastructure improvements. This
would include the following:
Providing education and outreach to the community on the
benefits of ZEVs, availability of public charging, and relevant
rebates and incentives available for businesses and residents.
Working with major employers to provide EV charging for
employees and encourage EV adoption among employees.
Transportation (TR)
Measure TR1: Implement Full Recommended Buildout of the
Bicycle and Pedestrian Master Plan (BPMP): Fully implement the
BPMP and add 23.2 new miles of bike network by 2035 to achieve
6 percent bicycle mode share by 2035.
Measure TR2: Identify and partner with stakeholders to conduct
outreach, promotion, and education: Leverage partnerships with
stakeholders to conduct ongoing outreach, promotion, and
education around active transportation in Los Gatos. This could
include:
Section C Evaluation of Environmental Impacts 48 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Establishing Town-wide events or programs that promote
active transportation in the community;
Regularly updating the Town’s Bicycle and Pedestrian
Network Map and sharing through Town and stakeholder
partnership platforms;
Supporting local bike groups in hosting workshops and classes
on bike riding, safety, and maintenance by certified instructors;
Instituting car-free days downtown, potentially coupled with
other large and regular events; or
Consolidating a list of local employer-provided bicycle
parking, lockers, showers, and incentives as a demonstration
tool for other interested employers.
Measure TR3: Facilitate a bike share program: Conduct a bike
share pilot program and facilitate full implementation of a bike
share program within the Town.
Measure TR4: Establish parking meter rates and invest in
transportation improvements: Establish parking meter rates,
considering dynamic parking pricing in the downtown area.
Allocate a designated portion of paid parking revenue to investing
in TDM strategies that will ensure cost-effective downtown access
by improving transit, bicycle facilities, and create incentives for
people to avoid driving.
Measure TR5: Improve curbside management: Improve curbside
management, including updating the municipal code to require
active loading only, prohibit double parking, define locations for
additional loading zones, and design loading zone signage.
Measure TR6: Require transportation system management for new
construction: Draft and implement a Transportation System
Management Plan (TSMP) ordinance for new construction to
allow the Town to shift travel behavior away from single-
occupancy vehicles. Ensure telecommuting is an optional trip
reduction strategy.
Measure TR7: Eliminate parking minimums for developments:
Remove parking minimums and establish parking maximums.
Section C Evaluation of Environmental Impacts 49 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Waste (WS)
Measure WS1: Require residential and commercial organic waste
collection consistent with SB 1383 requirements: Work with local
waste haulers and other community partners to expand organic
waste collection capacity. Pass an ordinance by 2022 requiring
residential and commercial organics generators to subscribe to
organics collection programs or alternatively report organics self-
hauling and/or backhauling. Allow limited waivers and
exemptions to generators for de minimis volumes and physical
space constraints and maintain records for waivers/exemptions.
Measure WS2: Require edible food recovery consistent with SB
1383 requirements: Adopt an edible food recovery ordinance or
similarly enforceable mechanism to ensure edible food generators,
food recovery services, and food recovery organizations comply
with requirements to increase recovery rates.
As discussed in the General Plan EIR, even with implementation of Mitigation Measure
GHG-1 requiring community GHG reduction measures, the General Plan would result in
emissions that exceed GHG efficiency thresholds and, therefore, state targets. As a
result, impacts related to the generation of GHG emissions under the General Plan
would be significant and unavoidable with mitigation incorporated (p. 4.8-31).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and would generate GHG emissions.
Development associated with the Housing Element Update is part of the significant and
unavoidable cumulative GHG emissions impacts associated with the General Plan and,
therefore, development associated with the Housing Element Update, which is consistent
with the growth projections evaluated in the General Plan EIR, would result in significant
and unavoidable GHG emissions impacts even after implementation of Mitigation
Measure GHG-1.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts related to GHG emissions.
b. Development under the General Plan would result in additional GHG emissions due to
construction, an increase in mobile sources, more building space requiring more heating
and cooling, etc. Section 4.8, Greenhouse Gas Emissions, of the General Plan EIR
evaluated the General Plan’s consistency with the California Air Resources Board 2017
Scoping Plan (which provides the framework for achieving the 2030 target related to
GHG emissions), Senate Bill 32 (which codifies the statewide goal of reducing GHG
emissions to 1990 levels by 2020), and Executive Order B-55-18 (an executive order
mandating the state to achieve carbon neutrality by no later than 2045). The General
Plan EIR determined that the General Plan would conflict with the reduction targets of
all three state plans identified above and would contribute to climate change. Therefore,
implementation of Mitigation Measure GHG-1 would be required.
Section C Evaluation of Environmental Impacts 50 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
However, even with implementation of Mitigation Measure GHG-1, total and per capita
Los Gatos GHG emissions would not be reduced to a level below state targets by 2030
and 2040. Additionally, the General Plan was determined to impede “substantial
progress” toward meeting the California Air Resources Board 2017 Scoping Plan, Senate
Bill 32, and Executive Order B-55-18 targets. Therefore, impacts would be significant
and unavoidable even with mitigation incorporated (p. 4.8-32).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and has been evaluated by the General
Plan EIR. Development associated with the Housing Element Update is part of the
significant and unavoidable cumulative GHG emissions impacts associated with the
General Plan and, therefore, development associated with the Housing Element Update,
which is consistent with the growth projections evaluated in the General Plan EIR, would
result in significant and unavoidable impacts related to consistency with applicable state
plans, even after implementation of Mitigation Measure GHG-1.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
conflict with an applicable state plan related to GHG emissions and targets.
The Town adopted its Statement of Overriding Conditions on June 30, 2022 and
determined that specific economic, legal, social, technological, mobility, or other
considerations, make infeasible the mitigation measures or project alternatives identified
in the General Plan Final EIR related to GHG emissions.
Section C Evaluation of Environmental Impacts 51 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
9. HAZARDS AND HAZARDOUS MATERIALS
Would the project:
Comments:
a. According to the General Plan EIR (Section 4.9, Hazards and Hazardous Materials),
development facilitated by the General Plan would result in approximately 156,400 square
feet of manufacturing development, which would increase the overall routine transport,
use, and disposal of hazardous materials in Los Gatos.
Documentation of compliance with hazardous materials regulations codified in the
California Code of Regulations titles 8, 22, and 26 is required for all hazardous materials
and hazardous waste transport. Individual contractors and property owners must comply
with all applicable federal and state laws and regulations pertaining to the transport, use,
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a.Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
☐ ☐ ☐ ☒
b.Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
☐ ☐ ☒ ☐
c.Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
☐ ☐ ☐ ☒
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a result,
create a significant hazard to the public or the
environment?
☐ ☐ ☒ ☐
e.For a project located within an airport land-use plan
or, where such a plan has not been adopted, within
two miles of a public airport or a public-use airport,
result in a safety hazard or excessive noise for people
residing or working in the project area?
☐ ☐ ☐ ☒
f.Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
☐ ☐ ☐ ☒
g. Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death
involving wildland fires?
☐ ☐ ☒ ☐
Section C Evaluation of Environmental Impacts 52 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
disposal, handling, and storage of hazardous waste, including but not limited to, Title 49
of the Code of Federal Regulations. Adherence to applicable regulations and laws would
reduce accidental release of hazardous materials during transport. In addition to
mandatory adherence to laws and regulations, the General Plan contains goals and
policies that would apply to routine transport, use, or disposal of hazardous materials
such as those policies associated with General Plan Goals HAZ-7 and MOB-15 (Town of
Los Gatos 2021, p. 4.9-17).
The overall quantity of hazardous materials used and requiring disposal in Los Gatos
could incrementally increase as a result of development under the General Plan.
However, all new development would be required to comply with existing applicable
regulations, programs, and standards as well as implementation of applicable General
Plan goals and policies, which would minimize risks from routine transport, use, and
disposal of hazardous materials and result in less than significant impacts (p. 4.9-19).
Development associated with the Housing Element Update involves only residential
development and would not involve industrial or commercial development that more
commonly involve the storing, using, transporting and/or disposing of hazardous
materials. Therefore, the Housing Element Update would not create a significant hazard
to the public or the environment through the routine transport, use, or disposal of
hazardous material.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impact related to the routine transport, use, or disposal of hazardous materials.
b. The General Plan facilitates and encourages infill development throughout the Town,
which could require the demolition of existing uses to facilitate future development. If
such buildings identified for demolition were constructed prior to the 1970s. Section 4.9,
Hazards and Hazardous Materials, of the General Plan EIR states that lead and asbestos
could be present and released into the environment during demolition activities. The
California Department of Public Health, the California Department of Industrial
Relations, Division of Occupational Safety and Health Administration, and the Bay Area
Air Quality Management District regulate lead and asbestos abatement necessary for
construction and redevelopment projects. California Code of Regulations Section 1532.1
requires testing, monitoring, containment, and disposal of lead‐based materials such that
exposure levels do not exceed California Department of Industrial Relations, Division of
Occupational Safety and Health Administration standards. The control of asbestos
during demolition or renovation of buildings is regulated under the Federal Clean Air
Act. Compliance with the mandatory requirements of California Code of Regulations
and the Federal Clean Air Act would reduce the potential hazards and risks associated
with release of lead and asbestos. Oversight by the appropriate agencies would ensure
that impacts related to the potential accident conditions involving the release of
hazardous materials into the environment would be less than significant (Town of Los
Gatos 2021, p. 4.9-19).
Section C Evaluation of Environmental Impacts 53 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development associated with the Housing Element Update would involve the demolition
of existing structures as it focuses on infill development and redevelopment. It is
unknown at this time if any of the existing structures were constructed prior to the 1970s
and whether or not hazardous materials are present on each site. As individual
development associated with the Housing Element Update are proposed, a Phase I
Environmental Site Assessment would be required for new development on proposed
land that may be contaminated with hazardous materials or waste, pursuant to General
Plan Policy HAZ-7.2. Should lead and asbestos be detected on any one of the sites
associated with the Housing Element Update, the development would be required to
comply with the mandatory requirements of the California Code of Regulations and the
Federal Clean Air Act to reduce the potential hazards and risks related to the release of
lead and asbestos.
Development under the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR. Therefore, impacts related to the
potential for accident conditions involving the release of hazardous materials into the
environment would be less than significant.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impact related to the accidental release of hazardous materials into the environment.
c. Schools are located throughout Los Gatos. The General Plan would facilitate various
types of development throughout the Town of Los Gatos; residential and office uses do
not typically emit hazardous materials, and it is not possible to know the quantity of
hazardous materials proposed for use at the future commercial and industrial
development sites. Although the quantities of hazardous material used at the future
commercial and industrial development cannot be known, Section 4.9, Hazards and
Hazardous Materials, of the General Plan EIR determines that this type of development
could occur within one-quarter mile of existing public or private schools in Los Gatos.
However, development under the General Plan would be required to comply with the
provisions of the California Fire Code adopted by the Town (Chapter 12, Article II) and
the Santa Clara County Fire Department Certified Unified Program Agency requirements
that comply with provisions set forth in the California Health and Safety Code, Division
20, Chapter 6.95, Articles 1 and 2. Impacts would be less than significant (Town of Los
Gatos 2021, p. 4.9-20).
The Housing Element Update, which is consistent with the growth projections evaluated
in the General Plan EIR, would result in development within one-quarter mile of existing
schools. However, the Housing Element Update involves only residential development,
which does not typically generate or emit hazardous materials. Therefore, the Housing
Element Update would not result in hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter mile of an existing or
proposed school.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts related to hazardous emissions within one-quarter mile of a school.
Section C Evaluation of Environmental Impacts 54 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
d. Existing sites in Los Gatos that may contain hazardous land uses or contamination from
land uses that were on the sites previously generators of hazardous waste, such as gas
stations, dry cleaners, and industrial uses. According to the General Plan EIR (Section
4.9, Hazards and Hazardous Materials), there are active or open sites containing or
potentially containing hazardous materials contamination within the Town limits.
Development facilitated by the General Plan on these sites could expose construction
workers and future occupants of the new uses to hazardous materials (p. 4.9-21). It is
also possible that unknown underground storage tanks may be present within the Town;
if one is uncovered or disturbed during construction activities, it would be removed
under permit from the Santa Clara County Fire Department; tank removal activities could
also pose health and safety risks.
Development at any one of these known sites would be subject to investigation,
remediation, and cleanup under the supervision of the Regional Water Quality Control
Board, the Santa Clara Valley Water District (Valley Water), or the California Department
of Toxic Substances and Control before construction activities could begin. In addition,
development would be required to comply with General Plan Goal HAZ-7 (reduce the
potential for injuries, damage to property, economic and social displacement, and loss of
life resulting from hazardous materials is eliminated) and its associated policies, reducing
the potential for release of hazardous substances through inter-organization cooperation,
site assessments, and hazardous material storage monitoring. Risks posed by
underground storage tanks would be minimized by managing the tank according to
existing standards contained in Division 20, Chapters 6.7 and 6.75 (Underground Storage
Tank Program) of the California Health and Safety Code as enforced and monitored by
the Environmental Programs Division. Compliance with existing state and local
regulations, in addition to implementation of applicable General Plan policies, would
reduce risks related to hazardous material sites to a less-than-significant level (Town of
Los Gatos 2021, p. 4.9-22).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and would not occur on sites identified by
the Town as active or open sites containing or potentially containing hazardous materials
contamination. However, it is possible that unknown underground storage tanks may be
present within those sites associated with the Housing Element Update. Disturbance or
removal activities related to underground storage tanks could pose health and safety risks.
As previously stated, risks posed by underground storage tanks would be minimized by
managing the tank according to existing standards contained in Division 20, Chapters 6.7
and 6.75 (Underground Storage Tank Program) of the California Health and Safety Code
as enforced and monitored by the Environmental Programs Division. Implementation of
applicable General Plan policies such as Policy HAZ-7.2, which requires a Phase I Site
Assessment for new development proposed on land that may be contaminated with
hazardous materials or waste, would reduce risks posed by the underground storage
tanks.
Section C Evaluation of Environmental Impacts 55 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Compliance with existing state and local regulations, in addition to implementation of
applicable General Plan policies, would reduce the Housing Element Update’s potential
risks of disturbing unknown underground storage tanks during construction activities to a
less-than-significant level.
The General Plan EIR adequately addresses the Housing Element Update’s potential
impacts related to hazardous material sites.
e. According to the General Plan EIR (Section 4.9, Hazards and Hazardous Materials),
there are no public or private airports within or adjacent to the Town and the Town of
Los Gatos is entirely outside the area of influence for the airport (Town of Los Gatos
2021, p. 4.9-22). Therefore, development of the Housing Element Update would have
no impact related to airports or their influence areas.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impact related to airports and airport land use plans.
f. Development facilitated by the General Plan would accommodate future population
growth and would increase vehicle miles in the Town, which could lead to increased
congestion during emergency evacuations. Section 4.9, Hazards and Hazardous
Materials, of the General Plan EIR explains that the Town adopted an Emergency
Operations Plan, which provides guidance on effective emergency response approaches,
and the Santa Clara County Office of Emergency Services developed an Operational Area
Hazard Mitigation Plan, which details target programs for improving emergency
preparedness and response in cooperation with local jurisdictions, including the Town of
Los Gatos. Additionally, the General Plan includes policies that address emergency
response, all of which are designed to align with programs set forth in the Santa Clara
County-wide Hazard Mitigation Plan.
Development under the General Plan would be required to implement all applicable
General Plan policies and programs outlined in the local emergency plans associated with
emergency planning and response. Implementation of which would result in less than
significant impacts (Town of Los Gatos 2021, p. 4.9-23).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR. Individual development under the
Housing Element Update would implement the programs of the local emergency
response plans as well as applicable General Plan policies, as appropriate. Because
development associated with the Housing Element Update would involve infill
development and redevelopment of sites, it would not impair implementation of, or
physically interfere with, an adopted emergency response plan or emergency evacuation
plan.
The General Plan EIR adequately addressed the Housing Element Update’s potential
interference with an adopted emergency response plan or evacuation plan.
Section C Evaluation of Environmental Impacts 56 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
g. Development associated with the Housing Element Update would result in the exposure
of people or structures to risks involving wildfires. Refer to Section 20.0, Wildfire, for
the analysis of risk of exposure involving wildland fires.
Section C Evaluation of Environmental Impacts 57 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
10. HYDROLOGY AND WATER QUALITY
Would the project:
Comments:
a. According to the General Plan EIR (Section 4.10, Hydrology and Water Quality),
construction activities facilitated by the General Plan could include road improvements
and realignments, installation and realignment of utilities, demolition of existing
structures for replacement, new development, and the potential replacement and/or
improvements of drainage facilities. Construction activity could result in the alteration of
existing drainage patterns and soil erosion due to earth-moving activities. Disturbed soils
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a.Violate any water quality standards or waste discharge
requirements or otherwise substantially degrade
surface or ground water quality?
☐ ☐ ☐ ☒
b.Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
☐ ☐ ☒ ☐
c.Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
(1) Result in substantial erosion or siltation on- or off-
site;☐ ☐ ☒ ☐
(2)Substantially increase the rate or amount of surface
runoff in a manner which would result in flooding on-
or off-site;
☐ ☐ ☒ ☐
(3)Create or contribute runoff water that would exceed
the capacity of existing or planned storm water
drainage systems or provide substantial additional
sources of polluted runoff; or
☐ ☐ ☒ ☐
(4)Impede or redirect flood flows?☐ ☐ ☒ ☐
d. In flood hazard, tsunami, or seiche zones, risk release
of pollutants due to project inundation?☐ ☐ ☐ ☒
e.Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
☐ ☐ ☒ ☐
Section C Evaluation of Environmental Impacts 58 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
would be susceptible to erosion from wind and rain, resulting in sediment transport via
stormwater runoff from the construction sites, ultimately into collecting waterways
contributing to the degradation of water quality.
Individual construction activities that disturb one or more acres would be subject to the
National Pollutant Discharge Elimination System General Permit for Storm Water
Discharges Associated with Construction and Land Disturbance Activities, Order No.
2012-0006-DWQ (general permit). Permit conditions require development of a
stormwater pollution prevention plan, which, among others, describes the site’s erosion
and sediment control measures, runoff water quality monitoring. Compliance with the
general permit is reinforced through the Town Municipal Code (Chapter 22), the Town’s
Storm Drain Master Plan, and adherence to the San Francisco Bay Regional Water
Quality Control Board’s Basin Plan; whose water quality objectives are incorporated into
individual National Pollutant Discharge Elimination System permits (Town of Los Gatos
2021, p. 4.10-10). The Town is also required, as part of the general permit, to incorporate
construction site storm water runoff control elements into a stormwater management
program as a means to control polluted discharges.
Development associated with the General Plan would be required to implement
appropriate best management practices as measures for post-construction stormwater and
submit a maintenance plan or manufacturers maintenance guide for those measures as
part of the Housing Element Update’s submittal. Compliance with the regulations and
policies abovementioned would reduce the risk of water degradation within the Town
from construction activities to a less-than-significant level (p. 4.10-13).
Long-term alternations to drainage patterns during operation of development under the
General Plan would also occur. If uncontrolled, this could result in the addition of
contaminants into the Town’s stormwater drainage system and ultimately untreated
discharge into nearby waterways. To ensure compliance with the general permit’s
requirements and conditions, the Town’s Municipal Code Chapter 22 outlines regulations
related to stormwater management control that projects would be required to comply
with. Compliance with the Town’s applicable Municipal Code sections would minimize
erosion and siltation that could adversely affect water quality within the Town.
Development under the General Plan would also be required to comply with the
applicable General Plan policies associated with Goal ENV-16 (protect and conserve
watersheds and water quality) as well as General Plan Policy ENV-17.8, which encourages
new development to implement low-impact development measures to limit the amount
of impervious surfaces. Compliance with regional and local requirements listed
previously, in addition to implementation of applicable General Plan goals and policies,
would ensure that the impacts related to development under the General Plan and its
effects to water quality during operation would remain less than significant.
Development associated with the Housing Element Update would result in the increase
in impervious surfaces in the Town, which could result in sediment transport via
stormwater runoff from the sites into collecting waterways contributing to the
Section C Evaluation of Environmental Impacts 59 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
degradation of water quality. However, the Housing Element Update is consistent with
the growth projections evaluated in the General Plan EIR and, therefore, its potential to
degrade water quality in the Town has been evaluated by the General Plan EIR.
Development associated with the Housing Element Update would be required to comply
with the regulations and policies mentioned above related to construction and operational
activities such as the general permit, the San Francisco Bay Regional Water Quality
Control Board, and the Town’s Municipal Code sections related to water quality control.
The Housing Element Update would also be required to comply with applicable General
Plan policies such as Policy ENV-16.1, which requires that all applicants demonstrate that
new development would not contaminate surface water and/or groundwater; Policy
ENV-16.5, which requires that the approval of a development adjacent to a designated
creek includes a condition that the creek be dedicated to the Town in fee with a
maintenance easement granted to Santa Clara Valley Water District; Policy ENV-16.7,
which encourages the implementation of bioswales and other innovations so runoff from
parking lots drain into landscaped areas and rainwater percolates into the ground; and
Policy ENV-17.8, which encourages low-impact development measures to limit the
amount of impervious surface in new development and to increase the retention,
treatment, and infiltration of urban stormwater runoff. The Housing Element Update
would also comply with General Plan PFS-3.1, which requires that CEQA review analysis
for all development projects consisting of single and cumulative impacts on water
drainage (runoff) and contamination (water quality) in all areas, but particularly in or
adjacent to hillsides, riparian corridors, and important undeveloped watersheds.
Adherence to these regulations and standards, as well as the policies within the General
Plan, would ensure that development associated with the Housing Element Update does
not violate any water quality standards or waste discharge requirements or otherwise
substantially degrade surface or ground water quality during construction and operation.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
violate water quality standards.
b. Water demand and services is addressed in Section 19.0, Utilities and Service Systems.
Nearly half of the water used in Santa Clara County is pumped from the Santa Clara and
Llagas Subbasins, with some communities relying solely on groundwater. Local sources
include natural groundwater and surface water supplies. The Santa Clara Valley Subbasin
is the groundwater basin for the Town of Los Gatos.
Groundwater Supply. Development associated with the General Plan would increase
the demand for water from the Santa Clara Valley Subbasin. However, as stated in the
General Plan EIR (Section 4.10, Hydrology and Water Quality), growth in the Town of
Los Gatos that would be facilitated by the General Plan has been incorporated into the
2015 Urban Water Management Plan and it was determined that the future water demand in
Los Gatos is projected to be met by the current water supply. Therefore, projected
growth under the General Plan would not result in a depletion of groundwater supplies in
the Santa Clara Valley Subbasin (Town of Los Gatos 2021, p. 4.10-14).
Section C Evaluation of Environmental Impacts 60 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The Housing Element Update would comply with General Plan Policy PFS-1.2, which
requires that all new home construction and remodeled homes comply with the Bay-
Friendly Landscaping Guidelines in addition to the landscaping standards in the
GreenPoint Rated Building Guidelines and Policy PFS-1.4, which requires that all new
development install water-efficient irrigation management systems and devices, such as
evapotranspiration or soil moisture-based irrigation controls. Development associated
with the Housing Element Update is consistent with the growth projections evaluated in
the General Plan EIR and, therefore, its impacts on the Santa Clara Valley Subbasin were
evaluated in the General Plan EIR. Therefore, the Housing Element Update would not
substantially decrease groundwater supplies such that the Housing Element Update may
impede sustainable groundwater management of the basin.
Groundwater Recharge. Development associated with the General Plan could
potentially interfere with groundwater recharge; however, the General Plan contains goals
and policies that would encourage groundwater infiltration and promote the use of
recycled water and other conservation efforts. Implementation of General Plan Policy
ENV-17.6, which encourages the Town to participate in the regulation of groundwater
use to protect it as a natural resource and conserve it for potential use during extended
drought, and those applicable policies under General Plan Goal PFS-4, minimize the
amount of stormwater runoff, as well as protect and improve the water quality of runoff,
would maximize groundwater infiltration and increase water use efficiency within the
Town to the maximum extent practicable. The General Plan EIR concludes that the
amount of new impervious surfaces from new development and redevelopment under
the General Plan would be reduced through low impact development-related General
Plan goals and policies and would not substantially interfere with groundwater recharge.
Therefore, the General Plan EIR determined that the development under the General
Plan would result in less than significant impacts related to groundwater recharge
(p. 4.10-14).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, its impacts on the Santa
Clara Valley Subbasin were evaluated in the General Plan EIR. Consistent with the
General Plan EIR conclusion, the amount of new impervious surfaces from new
development and redevelopment under the Housing Element Update would be reduced
through low impact development-related General Plan goals and policies. Therefore, the
Housing Element Update would not interfere substantially with groundwater recharge
such that the Housing Element Update may impede sustainable groundwater
management of the basin.
2020 Urban Water Management Plan. Since certification of the General Plan EIR and
adoption of the General Plan, the San Jose Water Company updated and adopted its 2020
Urban Water Management Plan. The 2020 Urban Water Management Plan concluded that San
Jose Water Company anticipates adequate supplies to meet system demand, even during
prolonged drought conditions, through 2045 (San Jose Water Company 2021, p. 7-11).
The Santa Clara Subbasin has not been identified by the California Department of Water
Resources as being critically overdraft. San Jose Water Company also plans to continue
following all state and federal drinking water requirements and will work with Santa Clara
Section C Evaluation of Environmental Impacts 61 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Valley Water District (Valley Water), the California Division of Drinking Water, other
groundwater basin stakeholders, and the public to ensure that groundwater remains safe
and a reliable source of supply (San Jose Water Company 2021, p. 6-5).
The General Plan EIR adequately addressed the Housing Element Update’s potential to
deplete or interfere with groundwater supply and recharge.
c. According to the General Plan EIR (Section 4.10, Hydrology and Water Quality), most of
the Town is within the 500-year flood zone with a few portions, such as those areas west
of State Route 17 and adjacent to creeks, in the 100-year flood zone. Development in
these areas could be subject to flood hazard and/or could impede or redirect flood flows
to adjacent areas. Development within these areas, as facilitated by the General Plan, are
required to comply with applicable provisions of the Town Municipal Code, which would
minimize the risk and exposure to flood hazards. Chapter 29, Article IX includes
requirements and provisions for reducing losses from flooding and for construction in
flood-prone areas. Development in flood-prone areas would also be required to obtain a
development permit before constriction or development begins per Municipal Code
Section 29.90.070. Compliance with applicable sections of the Town Municipal Code
would ensure that new structures proposed under the General Plan would not impede or
redirect flows within a 100-year flood hazard area. Development under the General Plan
is also required to implement those applicable General Plan policies associated with
General Plan Goal HAZ-3. As concluded in the General Plan EIR, implementation of
these goals and policies and compliance with applicable laws and regulations of the
Town’s Municipal Code, would reduce impacts such that risk of loss, injury or death
involving flooding in the planning area is not exacerbated by the General Plan.
Therefore, impacts related to flooding and flood hazards would be less than significant
(Town of Los Gatos 2021, p. 4.10-17).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and could result in development within
flood-prone zones adjacent to the Los Gatos Creek. Development associated with the
Housing Element Update is required to implement General Plan Policy HAZ-3.3,
requiring site planning and building design to mitigate identified flood and inundation
hazards; Policy HAZ-3.4, requiring new development and substantial improvements to
meet federal standards when within Federal Emergency Management Agency designated
100-year flood zones in the Los Gatos area; and Policy HAZ-3.6, which requires major
new development and redevelopment to provide mitigation to ensure that the cumulative
rate of peak stormwater run-off is maintained at pre-development levels. The Housing
Element Update’s impacts associated with flood hazard has already been evaluated in the
General Plan EIR, but would require implementation of General Plan policies and
compliance with applicable laws and regulations in order to ensure that risks of loss,
injury, or death involving flooding would not be exacerbated by implementation of the
Housing Element Update and would result in less than significant impacts.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts related to flooding and flood hazards.
Section C Evaluation of Environmental Impacts 62 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
d. The Town of Los Gatos is not located in a tsunami or seiche zone. Therefore,
development of the Housing Element Update would not risk release of pollutants due to
tsunami or seiche inundation of the Town. As determined in the General Plan EIR
(Section 4.10, Hydrology and Water Quality), there would be no impact related to flood
flows or project inundation (Town of Los Gatos 2021, p. 4.10-18).
The General Plan EIR adequately addressed impacts related to the risk release of
pollutants due to tsunami or seiche inundation as a result of the Housing Element
Update.
e. Refer to the discussion under checklist question “a.” According to the General Plan EIR
(Section 4.10, Hydrology and Water Quality ), development under the General Plan
would comply with the general permit, the Town’s Storm Drain Master Plan, applicable
General Plan policies, and adhere to the San Francisco Bay Regional Water Quality
Control Board’s Basin Plan, whose water quality objectives are incorporated into
individual permits authorized by the San Francisco Bay Regional Water Quality Control
Board. Therefore, development facilitated by the Housing Element Update would not
conflict with or obstruct implementation of a water quality control plan.
The Sustainable Groundwater Management Act lists the Valley Water as the exclusive
groundwater management agency for Santa Clara County. The Sustainable Groundwater
Management Act requires that groundwater management agencies prepare a groundwater
sustainability plan or an alternative to achieve sustainability. Pursuant to the Sustainable
Groundwater Management Act, the Valley Water prepared its 2016 Groundwater
Management Plan for the Santa Clara and Llagas Subbains as an alternative. Since the
preparation of the General Plan EIR, the Valley Water has prepared an updated
evaluation of its approved alternatives (i.e., the 2016 Groundwater Management Plan) titled
the 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbains, which was
adopted by its Board of Directors in November 2021. However, the General Plan EIR
utilized the most recent documentation at that time, which was the 2016 Groundwater
Management Plan.
As discussed under checklist question “b” above, growth in the Town facilitated by the
General Plan would implement applicable General Plan policies and goals encouraging
groundwater infiltration, promoting the use of recycled water, and other water
conservation efforts to reduce the potential for depletion of groundwater resources
resulting in less than significant impacts on the Santa Clara Subbasin. According to the
General Plan EIR, compliance with the Sustainable Groundwater Management Act
requirements and adherence to the applicable General Plan goals and policies would
ensure that impacts from development under the General Plan related to obstruction of a
sustainable groundwater management plan would be less than significant (p. 4.10-15).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and its impacts on the Santa Clara
Subbasin, and subsequently on the 2016 Groundwater Management Plan, has already been
evaluated in the General Plan EIR. The Housing Element Update would be required to
Section C Evaluation of Environmental Impacts 63 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
comply with the Sustainable Groundwater Management Act requirements and adhere to
the applicable General Plan goals and policies to ensure that impacts from development
associated with the Housing Element Update related to obstruction of a sustainable
groundwater management plan would be less than significant.
Since the certification of the General Plan EIR and adoption of the General Plan, the
2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins was adopted by
the Valley Water. The projected demands in the Santa Clara and Llagas subbasins for the
2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins are based on data
used to develop the Valley Water’s 2020 Urban Water Management Plan. Valley Water
maintains diverse water supply sources to meet countywide demands, including local
surface water and groundwater, imported water, and recycled water. The Valley Water
developed a Water Shortage Contingency Plan as part of its 2020 Urban Water Management
Plan to establish actions and procedures for managing water supplies and demands during
water shortages due to droughts and other emergencies. As stated within the 2021
Groundwater Management Plan for the Santa Clara and Llagas Subbasins, Valley Water will be
able to meet countywide demands through 2045 under normal, a single dry, and five
consecutive dry year conditions. If a five-year drought were to occur in the next five
years, Valley Water would employ a range of response actions, including water
conservation and calling for short-term water use reduction (Santa Clara Valley Water
District 2021, p. 4-21).
The General Plan EIR adequately addressed the Housing Element Update’s potential to
conflict with a sustainable groundwater management plan.
Section C Evaluation of Environmental Impacts 64 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
11. LAND USE AND PLANNING
Would the project:
Comments:
a. As discussed in the General Plan EIR (Section 4.11, Land Use and Planning), the Town
has limited land available for new development; therefore, due to the built-out nature of
the Town, the General Plan encourages strategic growth. The Town would see a higher
percentage of change through redevelopment of lands that have development potential
rather than on vacant land. Many of the General Plan’s Land Use Element goals are
promoting growth through infill development, development variety, and a mix of uses
within the Town (Town of Los Gatos 2021, p. 4.11-12). Compliance with the General
Plan goals and policies would ensure that future development under the General Plan
does not disrupt or divide established communities and impacts would be less than
significant (Town of Los Gatos 2021, p. 4.11-14).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, would be required to
comply with General Plan’s goals that promote growth through infill development and
development variety. Each site associated with the Housing Element Update involves
infill development or the redevelopment of property with existing uses; the Housing
Element Update does not involve the development of any sites that would physically
divide an established community.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts on physically dividing an established community.
b. Section 4.11, Land Use and Planning, of the General Plan EIR identifies three regionally
and locally adopted land use plans that apply to development under the General Plan:
Plan Bay Area 2040 (ABAG 2017), Final 2017 Clean Air Plan (Bay Area Air Quality
Management District 2017), and Los Gatos Sustainability Plan (Town of Los Gatos 2012).
Plan Bay Area 2040 is a long-range land use and transportation plan for the San Francisco
Bay Area region that promotes healthy and safe communities by reducing impacts from
air pollution, protecting open space and agriculture, and increasing active transportation.
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a. Physically divide an established community? ☐ ☐ ☐ ☒
b. Cause any significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
☐ ☐ ☐ ☒
Section C Evaluation of Environmental Impacts 65 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The General Plan EIR provides a breakdown of the General Plan’s consistency against
the Plan Bay Area 2040’s goals in relation to climate protection, adequate housing, health
and safe communities, open space and agricultural preservation, equitable access
economic vitality, and transportation system effectiveness (refer to Table 4.11-4 of the
General Plan EIR). As discussed in the General Plan EIR, the General Plan would be
consistent with the goals contained in the Plan Bay Area 2040 (Town of Los Gatos 2021,
p. 4.11-18).
As discussed in Section 3.0, Air Quality, the General Plan (and, therefore, the Housing
Element Update) would be consistent with the Final 2017 Clean Air Plan through
implementation of the applicable goals and policies located within the Environmental and
Sustainability Element and the Mobility Element.
The General Plan EIR provides a breakdown of the General Plan’s consistency with the
Los Gatos Sustainability Plan’s sustainability measures associated with transportation, land
use, energy, water, solid waste, and open space (refer to Table 4.6-5 of the General Plan).
The General Plan EIR also discusses consistency with the California Green Building
Standards Code and Title 24 of the California Energy Code. As discussed in Section 6.0,
Energy, the General Plan is consistent with the Los Gatos Sustainability Plan and the energy
efficiency strategies contained therein as well as with Title 24 of the California Energy
Code.
The Town also has two specific plans (Albright and North Forty) and four overlay zones
(Affordable Housing, Landmark and Historic Preservation, Planned Development, and
Public School), which are key implementation mechanisms for the General Plan and its
provisions must be consistent with the General Plan. There are also eight community
place districts throughout the Town that have been identified as having the capacity to
accommodate additional mixed-use developments and have existing infrastructure
necessary to suppose the land uses.
The two specific plans address existing and future development within the Town to
ensure that any development would maintain the existing residential setting while
continuing to meet the needs of its residents. The overlay zones ensure that development
facilitated by the General Plan is consistent with the development goals of the Town and
the goals found within the General Plan provide guidance on the use of overlay zones in
the community.
Therefore, the General Plan does not conflict with any applicable land use plan, policy, or
regulation adopted for the purpose of avoiding or mitigating an environmental effect and
impacts would be less than significant (Town of Los Gatos 2021, p. 4.11-20).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and therefore, would also be consistent
with all of the above-mentioned plans (i.e., Plan Bay Area 2040, Final 2017 Clean Air Plan,
Los Gatos Sustainability Plan, the state’s Title 24 of the Energy Code, and the Town’s
specific plans, overlay zones, and community place districts). Development associated
Section C Evaluation of Environmental Impacts 66 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
with the Housing Element Update would comply with the applicable goals, policies,
measures, and regulations associated with these plans and districts that are adopted for
the purpose of avoiding or mitigating an environmental impact. Therefore, the Housing
Element Update would not result in conflict with any applicable land use plan, policy, or
regulation adopted for the purpose of avoiding or mitigating an environmental effect.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts related to applicable land use plans, policies, or regulations adopted for the
purpose of avoiding or mitigating an environmental impact.
Section C Evaluation of Environmental Impacts 67 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
12. MINERAL RESOURCES
Would the project:
Comments:
a, b. As discussed in Section 4.18, Effects Found Not to be Significant, no mining occurs
within the Town (Town of Los Gatos 2021, p. 4.18-1). The Lexington Quarry, however,
is in operation and produces construction aggregate at its location at 18500 Limekiln
Canyon Road, Los Gatos (located over 1.3 miles southeast of the nearest housing site
associated with the Housing Element Update).
Development on areas containing mineral resources could result in the permanent loss of
those minerals. However, the development associated with the Housing Element Update
does not include land use designation changes in the area of the Lexington Quarry and
development would not occur on this site. Therefore, the General Plan, inclusive of the
Housing Element Update, would not facilitate new or additional development within the
area of the mineral deposit and the Housing Element Update would not result in the loss
of availability of mineral resources in the Town that are known or of local importance
(Town of Los Gatos 2021, p. 4.18-2).
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts on mineral resources.
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a.Result in loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
☐ ☐ ☐ ☒
b.Result in the loss of availability of a locally important
mineral resource recovery site delineated in a local
general plan, specific plan, or other land-use plan?
☐ ☐ ☐ ☒
Section C Evaluation of Environmental Impacts 68 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
13. NOISE
Would the project result in:
Comments:
a.Temporary Noise Levels. As discussed in the General Plan EIR (Section 4.12, Noise),
development under the General Plan would result in construction activities that would
temporarily increase ambient noise levels. However, because there are no specific plans
or time scales for individual development projects that would be carried out under the
General Plan, it is not possible to determine exact noise levels, locations, or time periods
for construction of such projects, or construction noise at adjacent properties (p. 4.12-9).
Sensitive noise receptors in areas where more development and redevelopment under the
General Plan is proposed would be exposed to the highest levels of construction noise
for the longest duration; these areas include the downtown core and the corridors along
Pollard Road, Winchester Boulevard, Lark Avenue, Los Gatos Boulevard, Union Avenue,
Harwood Road, and North Santa Cruz Avenue. It is anticipated that construction noise
as a result of development under the General Plan would exceed ambient noise levels and
may temporarily disturb people at neighboring properties.
The General Plan would be required to comply with the Town’s Municipal Code Section
16.20.035, which identifies timing requirements for when construction noise is permitted
during the weekdays and weekends, and lists the noise level requirements for construction
equipment. The General Plan would also be required to implement the applicable
General Plan policies and goals contained in the Environmental and Sustainability
Element in order to reduce construction noise and associated impacts. General Plan
Policy ENV-21.1 requires that all Town-owned and operated construction and
maintenance equipment, and equipment for these activities operated under contract with
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a.Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the
project in excess of standards established in the local
general plan or noise ordinance, or in applicable
standards of other agencies?
☐ ☒ ☐ ☐
b. Generation of excessive ground-borne vibration or
ground borne noise levels?☐ ☒ ☐ ☐
c. For a project located within the vicinity of a private
airstrip or an airport land-use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public-use airport, expose people
residing or working in the project area to excessive
noise levels?
☐ ☐ ☐ ☒
Section C Evaluation of Environmental Impacts 69 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
the Town, shall contain state-of-the-art noise attenuation equipment. Development
under the General Plan could include private development that is not required to use
noise attenuation equipment, which may result in the generation of noise that exceeds
existing ambient noise levels. Therefore, the following mitigation measure is required in
order to ensure that impacts related to construction noise would be less than significant
(Town of Los Gatos 2021, p. 4.12-12).
Mitigation Measure
N-1 For projects involving construction equipment that are located within 25 feet of
noise-sensitive receptors the following mitigation would be required:
Equipment Staging Areas. Equipment staging shall be located in areas that
will create the greatest distance feasible between construction-related noise
sources and noise-sensitive receptors.
Electrically-Powered Tools and Facilities. Electrical power shall be used to
run air compressors and similar power tools and to power any temporary
structures, such as construction trailers or caretaker facilities.
Smart Back-up Alarms. Mobile construction equipment shall have smart
back-up alarms that automatically adjust the sound level of the alarm in
response to ambient noise levels. Alternatively, back-up alarms shall be
disabled and replaced with human spotters to ensure safety when mobile
construction equipment is moving in the reverse direction.
Additional Noise Attenuation Techniques. During the clearing, earth
moving, grading, and foundation/conditioning phases of construction,
temporary sound barriers shall be installed and maintained between the
construction site and the sensitive receptors. Temporary sound barriers shall
consist of sound blankets affixed to construction fencing or temporary solid
walls along all sides of the construction site boundary facing potentially
sensitive receptors.
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, would result in temporary
construction noise that could exceed existing ambient noise levels. The Housing Element
Update would be required to comply with the Town’s Municipal Code Section 16.20.035
as well as applicable General Plan policies, such as General Plan Policy 18.2, which
requires that all interior residential noise levels be 45 dB or less; Policy ENV-18.3, which
requires that all exterior noise levels be based on the compatibility criteria shown on the
General Plan’s Figure 8-6; and Policy ENV-18.4, which requires that appropriate site and
building design, sound walls, minimum landscape buffers of five feet, and/or the use of
noise attenuating construction techniques and materials be used in order to protect
existing and proposed residential areas from noise.
However, as indicated above, development associated with the Housing Element Update,
which is consistent with the growth projections evaluated in the General Plan EIR, may
include private developers who are not required to comply with General Plan Policy
ENV-21.1 and whose construction equipment could result in noise levels that exceed
Section C Evaluation of Environmental Impacts 70 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
existing ambient noise levels. Therefore, the Housing Element Update would be required
to implement Mitigation Measures N-1 in order to reduce impacts to a less-than-
significant level.
Permanent Noise Levels. Existing sensitive noise receptors could be affected by
buildout and operational noise occurring onsite at properties developed or redeveloped
under the General Plan.
Noise generated by onsite activities for new development would be subject to the Town’s
maximum allowable exterior noise levels contained in Chapter 16 of the Town’s
Municipal Code as well as the goals and policies within the General Plan that reduce
excess noise generated by new development. Compliance with these regulations and
policies would reduce potential onsite noise impacts to a less-than-significant level.
Development facilitated by the General Plan would also result in increased offsite
operational noise levels such as additional vehicle trips on roadways within the Town.
However, implementation of General Plan policies and goals encouraging the use of
public transit and other active transportation modes would reduce vehicle trips and
associated traffic noise to the extent feasible. Therefore, roadway noise would be less
than significant (Town of Los Gatos 2021, p. 4.12-15).
Development associated with the Housing Element Update, which is consistent with the
growth projections evaluated in the General Plan EIR, would result in the increase in
permanent noise levels as a result of increased growth (and, therefore, vehicle trips)
within the Town. However, the Housing Element Update’s increase in vehicle trips and
associated noise levels have already been evaluated in the General Plan EIR.
Development associated with the Housing Element Update would be required to comply
with applicable General Plan polices such as Policy MOB-2.6, which requires that all
development with a frontage greater than 300 feet to provide through-access for bicyclists
and pedestrians to adjacent developments, paths, or bicycle facilities, and Policy MOB-
6.7, which requires that all new development to provide bus shelters and ongoing
maintenance as part of their developments, when appropriate, to encourage public transit
use. Implementation of the applicable General Plan policies would help reduce vehicle
trips and, therefore, reduce impacts related to traffic noise levels as a result of
development associated with the Housing Element Update to a less-than-significant level.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
generate substantial temporary or permanent increases in ambient noise levels.
b. Construction of individual projects facilitated by the General Plan could intermittently
generate groundborne vibration on and adjacent to construction sites. Development
under the General Plan, as discussed in Section 4.12, Noise, would be required to comply
with the permitted construction timing identified in the Town’s Municipal Code Section
16.20.035, which allows construction noise between the hours of 8:00AM and 6:00PM on
weekdays and between 9:00AM and 4:00PM on Saturdays with a valid Town permit.
However, the General Plan does not include any goals or policies that pertain specifically
Section C Evaluation of Environmental Impacts 71 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
to vibration. The Housing Element update is consistent with the growth projections
evaluated in the General Plan EIR and would be required to implement Mitigation
Measure N-2 in order to reduce vibration impacts to a less-than-significant level (Town
of Los Gatos 2021, p. 4.12-17).
Mitigation Measure
N-2 The Town shall include the following measures as standard conditions of
approval for applicable projects involving construction to minimize exposure to
construction vibration:
1.Avoid the use of pile drivers and vibratory rollers (i.e., compactors) within 50
feet of buildings that are susceptible to damage from vibration.
2.Schedule construction activities with the highest potential to produce
vibration to hours with the least potential to affect nearby institutional,
educational, and office uses that the Federal Transit Administration identifies
as sensitive to daytime vibration (FTA 2006).
3.Notify neighbors of scheduled construction activities that would generate
vibration.
Development associated with the Housing Element Update would result in the
generation of vibration during construction activities and require the compliance with the
Town’s Municipal Code Section 16.20.035 to restrict construction activities to the
daytime when sensitive receptors are awake and less sensitive to vibrations. Because the
General Plan does not include any goals or policies that pertain specifically to vibration,
development associated with the Housing Element Update, which is consistent with the
growth projections evaluated in the General Plan EIR, would be required to implement
Mitigation Measure N-2 in order to reduce vibration impacts to a less-than-significant
level.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts related to vibration.
c. Refer to the discussion under checklist question “e” within Section 9.0, Hazards and
Hazardous Materials. No impacts would occur as a result of development under the
Housing Element Update, associated with airports and airstrips.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts related to noise levels and airports and airstrips.
Section C Evaluation of Environmental Impacts 72 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
14. POPULATION AND HOUSING
Would the project:
Comments:
a. The General Plan would result in the increase in population within the Town by 7,584
persons (General Plan page 3-5). However, Section 4.13, Population and Housing, of the
General Plan EIR states that growth under the General Plan would also result in more
balanced jobs-housing ratio by increasing housing availability. Therefore, such growth
would not result in any adverse effects associated with an increased imbalance of jobs and
housing in the Town. A fundamental purpose of the General Plan is to direct future
development in such a way that preserves the character of the Town while minimizing
pressure to development on the remaining open space in the Town and directing growth
and redevelopment to infill areas. Therefore, impacts from development under the
General Plan on unplanned population growth would be less than significant (Town of
Los Gatos 2021, p. 4.13-7).
The Housing Element Update involves the potential construction of up to 2,312 housing
units, which would result in the increase in the Town’s population, which is within the
General Plan population projection of 7,584. Development associated with the Housing
Element Update has been evaluated in the General Plan EIR and anticipated by the
General Plan; therefore, the population growth was planned. One of the primary
purposes of the General Plan is to guide growth and development in the Town such that
infill development would be prioritized and open space areas would be preserved and
enhanced; therefore, by its nature, the General Plan is intended to reduce the potential for
uncontrolled growth and associated environmental impacts (p. 5-1). Development
associated with the Housing Element Update is consistent with the growth projections
evaluated in the General Plan EIR and, therefore, would not result in substantial
unplanned population growth in an area, either directly or indirectly.
The General Plan EIR adequately addressed the Housing Element Update’s impacts
associated with population growth.
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a. Induce substantial unplanned population growth in an
area, either directly (e.g., by proposing new homes and
businesses) or indirectly (e.g., through extension of
roads or other infrastructure)?
☐ ☐ ☐ ☒
b. Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
☐ ☐ ☒ ☐
Section C Evaluation of Environmental Impacts 73 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
b. The General Plan facilitates development in the Town that promotes infill development
and redevelopment of underutilized parcels. The new units facilitated by the General
Plan would be in accordance with state and local housing requirements. The General
Plan EIR explains in Section 4.13, Population and Housing, that the General Plan
contains several goals and policies that provide guidance on maintaining neighborhood
cohesiveness through the anticipated growth that would be required to be implemented.
Because the number of new dwelling units would not displace existing residents, and
because the policies of the General Plan promote infill development and preservation of
existing neighborhoods, impacts would be less than significant (Town of Los Gatos 2021,
p. 4.13-9).
Several of the sites associated with the Housing Element Update would require the
demolition of existing residences and, therefore, the displacement of existing people
(Town of Los Gatos October 2022c, Appendix H). However, the primary objective is to
construct new housing to meet the Town’s regional fair share of new housing. The loss
of existing housing would be substantially mitigated by the number of new housing units
constructed with implementation of the Housing Element Update. Therefore, the
Housing Element Update would result in less than significant impacts associated with the
necessary construction of replacement housing elsewhere.
The General Plan EIR adequately addressed the Housing Element Update’s impacts
associated with the displacement of people or housing.
Section C Evaluation of Environmental Impacts 74 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
15. PUBLIC SERVICES
Would the project result in substantial adverse physical impacts associated with the provision of
or need for new or physically altered governmental facilities, the construction of which could
cause significant environmental impacts, in order to maintain acceptable service ratios, response
times, or other performance objectives for any of the following public services:
Comments:
a. The Town is served by the Santa Clara County Fire Department. The Housing Element
Update would result in the increase in population, which would increase the demand on
fire services. Therefore, potential impacts to the Santa Clara County Fire Department
may occur and require the need for new or physically altered facilities, the construction of
which could cause significant environmental impacts.
The General Plan EIR (Section 4.14, Public Service and Recreation) states that new
development under the General Plan would be required to comply with all applicable
federal, state, and local regulations governing the provision of fire services, including
adequate fire access, fire flows, and number of hydrants. In addition, consistency with
the current California Fire Code is required. The Santa Clara County Fire Department
would review building and facility plans through the Town’s development review and
building permit processes and the Department’s personnel would also inspect new and
remodeled buildings and facilities to ensure that the structures meet state and local fire
codes and standards (p. 4.14-20). The General Plan EIR notes that given the demand for
fire services in the Town, staffing needs are likely to increase, which could require the
construction of new facilities. However, it is determined that the location and potential
impacts of new or expanded facilities are unknown and separate environmental review
would be required to determine the evaluation of the physical effects of such activities.
New development would also be required to pay fees as determined by the Town
pursuant to the Municipal Code Sections 9.30.745 and 9.30.750 for fire protection and
contribute their fair share to the cost of funding Town fire services.
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a.Fire protection?☐ ☐ ☒ ☐
b. Police protection?☐ ☐ ☒ ☐
c. Schools?☐ ☐ ☒ ☐
d.Parks?☐ ☐ ☐ ☒
e.Other public facilities?☐ ☐ ☐ ☒
Section C Evaluation of Environmental Impacts 75 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development under the General Plan would be required to comply with General Plan
Policy PFS-19.3, which requires that new development incorporate adequate emergency
water flow, fire resistant design and materials, and evacuation routes; Policy PFS-19.4,
which requires that new development provide accessibility to emergency vehicles and
don’t impede the ability of service providers to provide adequate emergency response;
Policy PFS-20.3, which requires that new development satisfy fire flow and hydrant
requirements and other fire-related design requirements as established by the Town and
recommended by the Santa Clara County Fire Department; and Policy 20.4, which
requires that new development and remodels comply with California Fire and Building
Code requirements for the installation of interior emergency sprinkler systems, fire-
resistant building materials, early warning systems and sufficient water supply systems for
fire suppression. New fire services facilities that would be constructed in the Town
would require project-specific environmental analysis and implementation of any
necessary project-specific mitigation prior to being considered for approval. The General
Plan EIR concludes that compliance with General Plan policies and applicable state
regulations, as well as payment of Town-required public facilities fees, would ensure that
impacts associated with fire services would be less than significant (p. 4.14-23).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR. Therefore, compliance with the above-
mentioned General Plan policies and applicable state regulations would be required, as
well as payment of its fair share for funding the Town’s fire services. Further, as each site
associated with the Housing Element Update is considered for development, project-
specific environmental analysis would be required. The General Plan EIR adequately
addressed the potential impacts of the Housing Element Update on the Town’s fire
services and, therefore, less than significant impacts would occur associated with the
Housing Element Update.
b. The Town is served by the Los Gatos-Monte Sereno Police Department. The Housing
Element Update would result in the increase in population, which would increase the
demand on police protection services. Therefore, potential impacts to the Los Gatos-
Monte Sereno Police Department may occur and require the need for new or physically
altered facilities, the construction of which could cause significant environmental impacts.
The General Plan EIR (Section 4.14, Public Service and Recreation) states that new
development under the General Plan would be required to comply with all applicable
federal, state, and local regulations governing the provision of police services. The
General Plan EIR notes that given the demand for police services in the Town, staffing
needs are likely to increase, which could require the construction of new facilities.
However, it is determined that the location and potential impacts of new or expanded
facilities are unknown and separate environmental review would be required to determine
the evaluation of the physical effects of such activities.
Section C Evaluation of Environmental Impacts 76 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
New police services facilities that would be constructed in the Town would require
project-specific environmental analysis and implementation of any necessary project-
specific mitigation prior to being considered for approval. The General Plan EIR
concluded that development under the General Plan would result in less than significant
impacts associated with the potential impacts of construction of police protection
facilities (p. 4.14-23).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR. Therefore, it would be speculative to
evaluate physical impacts of the Housing Element Update associated with police services
because the location and timing for development is unknown. As each site associated
with the Housing Element Update is considered for development, project-specific
environmental analysis would be required. The Housing Element Update would also be
required to comply with applicable federal, state and local regulations governing the
provision of police services. The General Plan EIR adequately addressed the potential
impacts of the Housing Element Update on the Town’s police services and, therefore, the
Housing Element Update would result in less than significant impacts associated with the
environmental effects related to the potential construction of new police facilities.
c. The Town of Los Gatos is served by six different school districts: Los Gatos Union
School District, Los Gatos-Saratoga Joint Union High School District, Campbell Union
School District, Campbell Union High School District, Cambrian Union Elementary
School District, and Union Elementary School District. The Housing Element Update
would be served by all but the Campbell Union School District and Union Elementary
School (Los Gatos Union School District 2022) (Los Gatos-Saratoga Joint Union High
School District 2022) (Campbell Union School District 2022) (Campbell Union High
School District 2022) (Cambrian School District 2022) (Union Elementary School
District 2022).
The General Plan EIR (Section 4.14, Public Service and Recreation) determined that
buildout of the General Plan would result in the increase of enough students that all
school districts serving the Town would need to add or expand facilities to meet the
needs of the projected student population in 2040. However, the General Plan EIR
concluded that all future development associated with the General Plan would be
required to pay school impact fees which, pursuant to Section 65995(3)(h) of the
California Government Code (Senate Bill 50), would reduce impacts to a less-than-
significant level (p. 4.14-23).
The Housing Element Update would generate 1,619 students (2,312 x 0.70) based upon
the student generation rate in the General Plan EIR (page 1.14-22) and, therefore, increase
the demand on the school districts serving the sites associated with the Housing Element
Update. The increase in demand on these school districts could result in the need for new
or expanded school facilities, the construction of which could cause adverse
environmental effects. However, development associated with the Housing Element
Update is consistent with the growth projections evaluated in the General Plan EIR and,
Section C Evaluation of Environmental Impacts 77 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
therefore, would be required to pay its fair share of school impact fees, which would
offset the increased demand of developments on the school facilities resulting in less than
significant impacts.
The General Plan EIR adequately addressed the Housing Element Update’s impacts on
the Town’s existing school facilities.
d.According to the General Plan EIR (Section 4.14, Public Service and Recreation), the
Town contains approximately 254 acres of parkland, nearly 7 miles of multi-use trails and
over 65 acres of lawn area. The Town’s parkland goal, pursuant to General Plan Policy
6.7, is 5 acres per 1,000 population. The Town, at preparation of the General Plan EIR,
exceeded this goal by providing 6.2 acres per 1,000 residents (p. 4.14-24). The General
Plan EIR also states that the Town would exceed the Quimby Act’s parkland ratio of 3
acres per 1,000 residents with buildout of the General Plan (p. 4.14-26).
Development consistent with the General Plan is required to comply with General Plan
Policy OSP-4.5, which requires that all residential developments provide permanent
common recreation space and Policy OSP-7.8, which encourages new multi-family
residential developments of eight units or more to include tot lots or similar shared off-
street recreation space for young children. According to the General Plan EIR,
implementation of applicable General Plan policies would ensure that growth in the
Town would not result in adverse environmental effects associated with parks and
recreational facilities. Additionally, because buildout of the General Plan would exceed
the Quimby Act’s parkland ratio of 3 acres per 1,000 residents, it would not contribute to
the need for new or expanded park or recreational facilities.
The Housing Element Update could result in the addition of approximately 5,780 people
and therefore, to be consistent with the Town’s parkland goal (General Plan Policy
OSPR-6.7), would require approximately 29.6 acres of parkland. However, development
associated with the Housing Element Update was evaluated in the General Plan EIR and
anticipated by the General Plan. As stated previously, the General Plan EIR concluded
that buildout of the General Plan would not require the construction of new or expanded
park facilities. Therefore, development associated with the Housing Element Update
would be required to comply with both General Plan Policies OSP-4.5 and OSP-7.8 and
would not result in the need for new or expanded parks or recreational facilities.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts on parks and recreational facilities.
e.The General Plan EIR (Section 4.14, Public Service and Recreation) also evaluates the
impacts of development under the General Plan on the Town’s public library facilities.
The Town of Los Gatos is the primary service provider for library services, with one
public library located within the Town’s Civic Center complex. The El Camino Hospital
operates a Health Library and Resource Center at its Los Gatos campus on the main floor
with the purpose of helping patients, families, and the community access resources and
information to make informed choices about their health. Affiliation with El Camino
Hospital is not required to use its library resources.
Section C Evaluation of Environmental Impacts 78 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
According to the General Plan EIR, the existing library is estimated to be able to meet
the demand from an increase in population as a result of buildout of the General Plan
and impacts would be less than significant (p. 4.14-23). Development associated with the
Housing Element Update is consistent with the growth projections evaluated in the
General Plan EIR and, therefore, the increase in demand on the Town’s library facilities
as a result of the Housing Element Update would not result in the need for new or
expanded facilities, the construction of which could cause environmental effects.
The General Plan EIR adequately addresses the Housing Element Update’s potential to
impact library facilities in the Town.
Section C Evaluation of Environmental Impacts 79 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
16. RECREATION
Comments:
a, b. Refer to the discussion in Section 15.0, Public Services, under checklist question “d.”
The General Plan EIR (Section 4.14, Public Service and Recreation) concluded that
implementation of the applicable General Plan policies would ensure that growth in the
Town consistent with the General Plan would not result in adverse environmental effects
associated with the physical deterioration of public parks and recreational facilities.
Additionally, the General Plan EIR concluded that the Town would exceed the Quimby
Act parkland ratio of 3 acres for every 1,000 residents at buildout of the General Plan
(p. 4.14-26).
The Housing Element Update is consistent with the growth projections evaluated in the
General Plan EIR and would be required to comply with General Plan Policy OSP-4.5
(all residential developments provide permanent common recreation space) and Policy
OSP-7.8 (new multi-family residential developments of eight units or more include tot
lots or similar shared off-street recreation space for young children). Therefore, the
Housing Element Update would not result in the physical deterioration of recreational
facilities or require the construction or expansion of recreational facilities, the
construction of which could cause significant environmental impacts.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts on recreational facilities.
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
☐ ☐ ☐ ☒
b. Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical effect
on the environment?
☐ ☐ ☐ ☒
Section C Evaluation of Environmental Impacts 80 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
17. TRANSPORTATION
Would the project:
Comments:
a.Transit. According to the General Plan EIR (Section 4.15, Transportation), buildout of
the General Plan would increase the number of potential transit users on the various
transit systems serving the Town, which would increase the demand for transit.
Additionally, roadway traffic congestion caused from population and employment growth
in the Town facilitated by the General Plan could affect several transit corridors by
increasing travel times and decreasing headway reliability for transit vehicles (p 4.15-19).
Development under the General Plan would be required to comply with the objectives of
the Valley Transportation Plan 2040, which is the long-range Santa Clara County-wide
transportation plan adopted by the Valley Transportation Authority. The General Plan
EIR states that although the General Plan would increase ridership and potentially cause
more traffic delays, the existing transit circulation would be maintained, consistent with
the Valley Transportation Plan 2040.
There are several General Plan policies and goals that would support reducing traffic
congestion and improving transit connectivity such as Policy MOB-1.1, which requires
that all development and redevelopment proposals with more than 10 housing units or
over 5,000 square feet of non-residential square footage to include a detailed, sustainable,
and measurable Transportation Demand Management program with accountability
requirements to ensure that its measures are achieved; Policy MOB-1.3, which requires
development near transit stops to provide Transportation Demand Management
programs or facilities that encourage transit use for all types of trips; and Policy MOB-
6.7, which requires all new developments to provide bus shelters and ongoing
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a.Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
☒ ☐ ☐ ☐
b.Conflict or be inconsistent with CEQA guidelines
section 15064.3, subdivision (b)?☒ ☐ ☐ ☐
c. Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☐ ☒
d.Result in inadequate emergency access?☐ ☐ ☐ ☒
Section C Evaluation of Environmental Impacts 81 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
maintenance as part of their developments, when appropriate, to encourage public transit
use. Implementation of these General Plan policies would encourage an increase in
transit ridership, decrease dependence on motor vehicles and reduce transit delays.
However, according to the 2040 General Plan Revised Sections of the General Plan EIR
(Section 4.15, Transportation Revised, p. 4.15-24), development under the General Plan
does not include actions to increase the cost of using vehicles and does not include
provisions for bus services to avoid congestion delays. As a result, transit service will
experience reductions in quality of experience inconsistent with General Plan policies,
which could contribute to lower transit demand in the future and higher demand for
vehicle use contributing to higher VMT levels. Because the needed additional transit
vehicles and supporting infrastructure may not be provided to accommodate additional
transit demand, the General Plan would have a potentially significant impact on transit
ridership. Development under the General Plan would also result in a significant and
unavoidable effect on transit vehicle operations even with improvements such as signal
coordination and transit vehicle preemption, which could potentially improve the overall
reliability of transit in congested areas but not to the level that would fully address this
impact.
The changes to the vehicle circulation system as part of the development under the
General Plan would not interfere with existing transit facilities nor conflict with planned
transit facilities and services or conflict with adopted transit plans, guidelines, policies or
standards.
The Housing Element Update would result in the increase in population, which would
increase the demand on the transit system. Development associated with the Housing
Element Update is consistent with the growth projections evaluated in the General Plan
EIR. The Housing Element Update would be required to comply with the applicable
General Plan policies identified above to reduce its potential to conflict with the existing
transit facilities or adopted transportation plans, guidelines, policies, or standards
associated with the Town’s transit network. However, the Housing Element Update is
part of the significant and unavoidable cumulative transit impacts associated with the
General Plan. Therefore, development associated with the Housing Element Update,
which is consistent with the growth projections evaluated in the General Plan EIR, would
result in significant and unavoidable transit impacts.
The Town adopted its Statement of Overriding Conditions on June 30, 2022 and
determined that specific economic, legal, social, technological, mobility, or other
considerations, make infeasible the mitigation measures or project alternatives identified
in the General Plan Final EIR related to transportation.
Roadways. The General Plan includes modifications to existing street facilities to create
a more pedestrian- and bicycle-oriented street network. Although these modifications
would cause existing and future local and regional traffic to circulate differently, its
influence would be minimal because these roadway modifications would conform to state
and local standards and generally be implemented to improve circulation (Town of Los
Section C Evaluation of Environmental Impacts 82 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Gatos 2021, p. 4.15-21). Therefore, the General Plan would not be expected to interfere
or conflict with existing roadways facilities or adopted transportation plans, guidelines,
policies, or standards. Impacts would be less than significant (p. 4.15-21).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, would conform to state and
local standards to reduce any potential impacts that may occur on the roadway system by
development under the Housing Element Update. However, potential impacts on the
roadway system as a result of the Housing Element Update were evaluated in the General
Plan EIR and would be minimal. Therefore, development associated with the Housing
Element Update, which is consistent with the growth projections evaluated in the
General Plan EIR, would not result in the conflict with existing roadways facilities or
adopted transportation plans, guidelines, policies, or standards.
Bicycle Facilities. Development facilitated by the General Plan would increase the use
of bicycles on the road as a result of increasing the Town’s population. However, the
General Plan contains policies and goals that are designed to accommodate increased
bicycle demand such as Policy MOB-2.5, which requires that all new development be
designed to enhance the safety or convenience of bicycle use through the Town and
Policy MOB-2.6, discussed previously. Implementation of applicable General Plan
policies would encourage bicycling by improving bicycle connectivity within the Town’s
street network, consistent with the Town of Los Gatos Bicycle and Pedestrian Master Plan,
which provides guidance to improve the connectivity of the bicycle and pedestrian
network in the Town. Therefore, the General Plan EIR concludes that development
under the General Plan would have a beneficial effect on bicycle circulation and access
and result in less than significant impacts related to the conflict with existing bicycle
facilities or adopted plans, guidelines, policies, or standards associated with the Town’s
bicycle network (p. 4.15-22).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and would not result in significant adverse
impacts related to the existing bicycle facilities within the Town. The Housing Element
Update would implement applicable General Plan policies, such as those listed above, and
is required to be consistent with the goals and objectives of the Town of Los Gatos Bicycle
and Pedestrian Master Plan. Therefore, development associated with the Housing Element
Update would not result in the conflict with existing bicycle facilities or adopted plans,
guidelines, policies, or standards associated with the Town’s bicycle network.
Pedestrian Facilities. Implementation and buildout of the General Plan would increase
residency in the Town, which could result in more use and demand on existing pedestrian
facilities. According to the General Plan EIR, the General Plan encourages walking by
improving pedestrian facilities and connectivity with a safe and continuous pedestrian
network to shorten walking distances and improve pedestrian connections to popular
local destinations. Development under the General Plan would create new pedestrian
facilities and have a beneficial effect on pedestrian circulation and access consistent with
Section C Evaluation of Environmental Impacts 83 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
the Town of Los Gatos Bicycle and Pedestrian Master Plan (p. 4.15-22). The General Plan EIR
concludes that the General Plan would not interfere with existing or planed pedestrian
facilities or adopted pedestrian system plans, guidelines, policies or standards and impacts
would be less than significant (p. 4.15-23).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and would not result in significant adverse
impacts related to the existing pedestrian facilities within the Town. The Housing
Element Update would be consistent with the goals and objectives of the Town of Los
Gatos Bicycle and Pedestrian Master Plan and, consistent with the growth projections
evaluated in the General Plan EIR, would not result in the conflict with existing
pedestrian facilities or adopted plans, guidelines, policies, or standards associated with the
Town’s pedestrian network.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
conflict with a program, plan, ordinance, or policy addressing the circulation system,
including transit, roadway, bicycle and pedestrian facilities.
b. The population and employment growth facilitated from development envisioned in the
General Plan would generate new vehicle trips. The land use pattern and policies
identified within the General Plan are expected to result in reduced vehicle miles traveled
(VMT) per service population compared to existing conditions. The General Plan EIR
(Section 4.15, Transportation) determined that the General Plan-generated VMT per
service population would be 38.4, which is approximately 19 percent greater than the
applicable VMT threshold of 32.3 (as identified in Table 4.15-2 of the General Plan EIR).
Therefore, the General Plan’s VMT per service population would exceed the applicable
threshold and the following mitigation measure is required.
Mitigation Measure
T-1 For projects that would generate vehicle miles traveled (VMT), one or more VMT
reduction strategies included in the SB 743 Implementation Decisions for the Town of
Los Gatos (July 2020) document shall be required to reduce VMT of the project.
Examples of VMT reduction strategies that shall be implemented are provided
below. The VMT reduction strategies are organized by their relative scale for
implementation (i.e., individual site level, Town-wide level, and regional level).
Individual Site Level
Encourage Telecommuting and Alternative Work Schedules: This strategy
relies on effective internet access and speeds to individual project
sites/buildings to provide the opportunity for telecommuting. This strategy
would reduce commute VMT but also result in a change in VMT for other
travel purposes; thus, this strategy should consider the net change in the
Town’s project-generated VMT.
Section C Evaluation of Environmental Impacts 84 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Provide Ride-Sharing Programs: This strategy focuses on encouraging
carpooling and vanpooling by project site/building tenants.
Provide Local Shuttles: This strategy focuses on providing local shuttle
service. The local shuttles would provide service to transit hubs, schools,
commercial centers, and residential areas to improve transit connectivity and
address the “first/last mile” problems. Alternatively, a demand responsive
service could be provided as subsidized trips by contracting to private
transportation network companies or taxi companies. Note that
implementation of this strategy would require regional or local agency
implementation.
Provide Employer-Sponsored Vanpool/Shuttle: This strategy relies on
employers purchasing or leasing vans or shuttles, and often subsidizing the
cost of at least program administration, if not more. Vanpools typically
service employee’s commute to work, while shuttles service nearby transit
stations and surrounding commercial centers. Scheduling and rider charges, if
any, are within the employer’s purview.
Town-wide Level
Provide Bicycle and Pedestrian Network Improvements: This strategy focuses
on creating a comprehensive bicycle and pedestrian network within the
project and connecting to nearby destinations. Projects in Los Gatos tend to
be smaller so the emphasis of this strategy would likely be the construction of
network improvements that connect the project site directly to nearby
destinations. Alternatively, implementation could occur through an impact
fee program or benefit/assessment district based on regional or local plans
such as the Bicycle and Pedestrian Master Plan and Connect Los Gatos.
Provide Traffic Calming Measures: This strategy combines the California Air
Pollution Control Officers Association (CAPCOA) research focused on
traffic calming with new research on providing a low-stress bicycle network.
Traffic calming creates networks with low vehicle speeds and volumes that are
more conducive to walking and bicycling. Building a low-stress bicycle
network produces a similar outcome. One potential change in this strategy
over time is that ebikes (and e-scooters) could extend the effective range of
travel on the bicycle network, which could enhance the effectiveness of this
strategy.
Implement Car-Sharing Program: This strategy reduces the need to own a
vehicle or reduces the number of vehicles owned by a household by making it
convenient to access a shared vehicle for those trips where vehicle use is
essential. Examples include programs like ZipCar, Car2Go, and Gig.
Section C Evaluation of Environmental Impacts 85 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Limit Parking Supply: When combined with companion transportation
demand management measures, reduced parking supply discourages driving
by limiting easy and convenient parking options. Implementation of this
strategy may require reducing (or removing) minimum parking requirements
and allowing developers to use shared parking strategies.
Unbundle Parking Costs from Property Cost: Unbundling separates parking
costs from property cost, for instance by not including a parking space in a
residential unit’s rent, or by requiring employers to lease each parking space
separately from the building owner. This strategy ensures that the user
understands that the cost of driving includes parking and can encourage
people to use an alternative mode to save money.
Implement Market Price Public Parking (On-Street): This strategy focuses on
implementing a pricing strategy for parking by pricing all on-street parking in
central business districts, employment centers, and retail centers. Priced
parking would encourage “park once” behavior and may also result in area-
wide mode shifts.
Regional Level
Increase Density: This strategy focuses on increasing density of land uses,
where allowed by the General Plan and/or Zoning Ordinance, to reduce
distances people travel and provide more travel mode options. This strategy
also provides a foundation for many other strategies. For example,
densification increases transit ridership, which justifies enhanced transit
service.
Increase Diversity of Urban and Suburban Developments: This strategy
focuses on inclusion of mixed uses within projects or in consideration of the
surrounding area to minimize vehicle travel in terms of both the number of
trips and the length of those trips.
Increase Transit Accessibility: This strategy focuses on encouraging the use of
transit by locating a project with high density near transit. A project with a
residential/commercial center designed around a bus station is referred to as a
transit-oriented development (TOD).
Integrate Affordable and Below Market Rate Housing: This strategy provides
greater opportunities for lower income families to live closer to job centers
since income effects probability that a commute will take transit or walk to
work.
Increase Transit Service Frequency/Speed: This strategy focuses on
improving transit service convenience and travel time competitiveness with
driving. Given existing land use density in Los Gatos, this strategy may be
limited to traditional commuter transit where trips can be pooled at the start
Section C Evaluation of Environmental Impacts 86 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
and end locations, or it may require new forms of demand-responsive transit
service. Note that implementation of this strategy would require regional or
local agency implementation, substantial changes to current transit practices,
and would not likely be applicable for individual development projects.
Implement Area or Cordon Pricing: This strategy focuses on implementing a
cordon (i.e., boundary) pricing scheme, where a cordon is set around a
specific area to charge a toll to enter the area by vehicle. The cordon location
is usually the boundary of an area with limited points of access. The cordon
toll may be constant, applied during peak periods, or be variable, with higher
prices during congestion peak periods. The toll can also be based on a fixed
schedule or be dynamic, responding to real-time congestion levels. Note that
implementation of this strategy requires alternative modes of travel that are
available and reliable, such as high-quality transit infrastructure.
As concluded in the General Plan EIR, the VMT reduction strategies at the regional level
would be required in order to reduce VMT per service population by 19 percent.
However, this would require action on multiple agencies and municipalities in South San
Francisco Bay. Because the Town cannot ensure that the other municipalities would
participate in the regional VMT reduction strategies outlined in Mitigation Measure T-1, it
is not certain that a 19 percent reduction in VMT would be achieved. Therefore, VMT
impacts as a result of development under the General Plan would be significant and
unavoidable even after implementation of mitigation (p. 4.15-26).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and would generate new vehicle trips.
However, development associated with the Housing Element Update is part of the
significant and unavoidable cumulative VMT impacts associated with the General Plan.
Therefore, development associated with the Housing Element Update, which is
consistent with the growth projections evaluated in the General Plan EIR, would result in
significant and unavoidable VMT impacts even after implementation of Mitigation
Measure T-1. Development associated with the Housing Element Update would be
required to implement applicable reduction strategies in Mitigation Measure T-1.
The Town adopted its Statement of Overriding Conditions on June 30, 2022 and
determined that specific economic, legal, social, technological, mobility, or other
considerations, make infeasible the mitigation measures or project alternatives identified
in the General Plan Final EIR related to transportation.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts related to VMT impact.
c. As discussed in the General Plan EIR (Section 4.15, Transportation), the General Plan is
a program-level document that does not directly address project-level design features or
building specifications. However, the Town maintains improvement standards that guide
construction of new transportation facilities to minimize design hazards for all users of
Section C Evaluation of Environmental Impacts 87 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
the system. Developments that would add traffic to streets that are not designed to
current standards would be evaluated in the environmental review process with mitigation
measures, if necessary, requiring the development to construct, or provide funding for, an
improvement that would minimize or eliminate the hazard. New and upgraded roadways
needed to accommodate new development would be designed according to applicable
federal, state, and local design standards. The General Plan EIR also states that
development and infrastructure projects would be required to implement applicable
General Plan policies intended to result in roadway designs that safely accommodate all
users such as General Plan Policy MOB-2.6, which is described previously under checklist
question “a” and Policy MOB-8.3, which requires that new development minimize the
number of access points along arterial streets to minimize impacts on circulation flow and
safety. Therefore, the General Plan EIR concludes impacts related to hazards due to a
geometric design feature would be less than significant (p. 4.15-29).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, any new or upgraded
roadways necessary to accommodate the new development would be designed according
to applicable, federal, state, and local design guidelines. Further, development under the
Housing Element Update would implement applicable General Plan policies, such as
those listed above, minimizing its impact on circulation flow and safety. The Housing
Element Update would not result in substantially increased hazards due to a geometric
design feature nor would it result in incompatible uses.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts related to hazards due to a geometric design feature.
d. The General Plan does not propose specific development projects and, therefore, does
not propose developments that could result in inadequate emergency access. According
to the General Plan EIR (Section 4.15, Transportation), the intent of the General Plan is
to improve the overall performance of the transportation network for all modes of
transportation; however, to further ensure that development under the General Plan
would not result in inadequate emergency access, applicable General Plan policies are
required to be implemented such as Policy MOB-12.2, which requires that secondary
emergency access is provided for new discretionary housing approvals in locations that
are identified as Very High Fire Hazard Areas on the Town’s Wildland Fire Severity Zone
Map. With implementation of applicable General Plan policies, future development
projects would be assessed to ensure they result in adequate emergency access. In
addition, mandatory development processes also require project review by emergency
services, including police and fire, to ensure projects maintain adequate emergency access.
This impact would be less than significant (Town of Los Gatos 2021, p. 4.15-30).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, is not proposing specific
development that could be evaluated as providing or not providing adequate emergency
access. However, as future development under the Housing Element Update is
proposed, they will be required to comply with applicable General Plan policies such as
Section C Evaluation of Environmental Impacts 88 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Policy MOB-12.2 identified above. Implementation of applicable General Plan policies
would ensure that future development associated with the Housing Element Update do
not result in impacts related to inadequate emergency access.
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts related to inadequate emergency access.
Section C Evaluation of Environmental Impacts 89 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
18. TRIBAL CULTURAL RESOURCES
Would the project:
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
Comments:
a. Pursuant to SB18, tribal noticing and consultation in accordance with statutory timelines
is required when a general plan is amended. The Town did not receive any requests from
California Native American tribes requesting consultation under Assembly Bill 52 for the
Housing Element Update or for the General Plan EIR. Further, according to the
General Plan EIR (Section 4.5, Cultural and Tribal Cultural Resources), no tribal cultural
resources have been identified within the planning area (which includes the Town limits
where all sites associated with the Housing Element Update are located) by a California
Native American tribe (p. 4.5-6).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and the General Plan EIR adequately
addresses the Housing Element Update’s impact on tribal cultural resources.
a. Cause a substantial adverse change in the significance
of a tribal cultural resource, defined in Public
Resources Code section 21074 as either a site, feature,
place, or cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value
to a California Native American tribe, and that is:
(1) Listed or eligible for listing in the California Register
of Historical Resources, or in a local register of
historical resources as defined in Public Resources
code section 5020.1(k), or
☐ ☐ ☐ ☒
(2) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in subdivision
(c) of Public Resource Code Section 5024.1, the lead
agency shall consider the significance of the resource
to a California Native American tribe.
☐ ☐ ☐ ☒
Section C Evaluation of Environmental Impacts 90 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
19. UTILITIES AND SERVICES SYSTEMS
Would the project:
Comments:
a. Water. According to the General Plan EIR (Section 4.16, Utilities and Service Systems),
expansion to the existing water system may be needed to service new development under
the General Plan, the construction of which could cause significant environmental
effects. However, it would be speculative to determine the impacts of development that
has not yet occurred about infrastructure improvements whose necessity, in addition to
location and type, are unknown at this time.
The General Plan EIR states that impacts from any required expansion of existing
infrastructure required by new development in the Town would be further analyzed
under separate CEQA review when determinations are made on the type, scope, and
location of the infrastructure improvements (p. 4.16-18). The General Plan EIR
determined that impacts would be less than significant (p. 4.18-19).
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a. Require or result in the relocation or construction of
new or expanded water, wastewater treatment, storm
water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
☐ ☐ ☒ ☐
b. Have sufficient water supplies available to serve the
project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
☐ ☐ ☒ ☐
c. Result in a determination by the wastewater treatment
provider, which serves or may serve the project that it
has inadequate capacity to serve the project’s
projected demand in addition to the provider’s
existing commitments?
☐ ☐ ☒ ☐
d. Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
☐ ☐ ☐ ☒
e. Comply with federal, state, and local management and
reduction statutes and regulations related to solid
waste?
☐ ☐ ☐ ☒
Section C Evaluation of Environmental Impacts 91 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development associated with the Housing Element Update would result in the increase
in population and, therefore, an increase in demand on the Town’s existing water
facilities. However, it would be speculative at this time to determine the impacts related
to construction of new, or expansion of existing water facilities. Impacts from any
required expansion of existing infrastructure required by new development associated
with the Housing Element Update would be further analyzed under separate CEQA
review when determinations are made on the type, scope, and location of the
infrastructure improvements. The Housing Element Update’s impacts related to the
potential for expansion of existing or construction of new water facilities would be less
than significant.
Wastewater. The Town’s wastewater is collected and treated by the West Valley
Sanitation District, which then transports wastewater to the San Jose-Santa Clara
Regional Wastewater Facility (wastewater treatment plant). According to the General
Plan EIR (Section 4.16, Utilities and Service Systems), the wastewater treatment plant
treats an average of 110 million gallons per day (mgd), with a design capacity of up to 167
mgd.
The General Plan projects an increase of 8,971 residents, which the General Plan EIR
calculates to be a 30 percent increase above the 2018 population. However,
approximately 34 percent of the wastewater treatment plant capacity is available (67 mgd);
therefore, the wastewater needs of the expected population growth under the General
Plan would be met (Town of Los Gatos 2021, p. 4.16-19).
The sewer collection system within the Town has deficiencies that limit the amount of
wastewater that can be conveyed through the Town. According to the General Plan EIR,
the West Valley Sanitation District’s Capital Improvement Plan has ongoing plans for
replacement and upgrade of old sewer lines and lift equipment. The general maintenance
and correction of deficiencies are funded by user fees; therefore, new development would
be required to pay impact fees for system expansion that would accommodate the
increased growth of the Town envisioned as part of the General Plan. Impact fees on
new development would ensure that the wastewater collection system receives necessary
upgrades to accommodate the additional population (p. 4.16-20). In addition, the
implementation of the applicable General Plan policies under Goal PFS-2 would ensure
proper management of wastewater systems and infrastructure for new development and
redevelopment in the Town.
The ongoing upgrades to the sewer system under the capital improvement plan and the
General Plan would occur in developed areas of the Town that are previously disturbed
and ensure that adequate wastewater systems and infrastructure would be available to
meet future demands. Therefore, the General Plan EIR determined that the
environmental impacts of construction involved with upgrades to the Town’s wastewater
system would be less than significant (p. 4.16-20).
Development associated with the Housing Element Update would increase the
population in Los Gatos, which would increase the demand on the wastewater treatment
Section C Evaluation of Environmental Impacts 92 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
plant. However, the Housing Element Update is consistent with the growth projections
evaluated in the General Plan EIR and its population growth is encompassed within the
General Plan’s anticipated population growth of 8,971. As indicated previously, the
General Plan EIR has already evaluated the population growth projections associated
with the Housing Element Update. Therefore, the Housing Element Update’s increased
demand on the Town’s wastewater system would be adequately accommodated by the
remaining capacity within the wastewater treatment plant.
Development associated with the Housing Element Update would also increase the
amount of wastewater conveyed by the Town’s existing sewer collection system.
However, the Housing Element Update is consistent with the growth projections
evaluated in the General Plan EIR and, therefore, each development associated with the
Housing Element Update would be required to pay impact fees for system expansion
necessary to accommodate the increased growth. Payment of these impacts fees would
reduce potential impacts associated with the construction of new, or expansion of
existing, sanitary sewer system to a less-than-significant level.
Stormwater Drainage. Development facilitated by the General Plan would create new
impervious surfaces, which would result in increased stormwater runoff to the Town’s
municipal storm drain system. However, according to the General Plan EIR (Section
4.16, Utilities and Service Systems), the General Plan focuses on infill development,
which would reduce the amount of open space and permeable surfaces converted into
impervious surfaces. Further, the amount of new impervious surfaces would be reduced
through implementation of best management practices, including low impact
development approaches, aimed at reducing stormwater runoff to ensure downstream
storm drain capacity is not exceeded (Town of Los Gatos 2021, p. 4.16-21).
Because development would occur within urbanized areas of the Town, and best
management practices would be incorporated, the construction or expansion of existing
storm drain facilities would not likely be required as a result of implementation of the
General Plan. However, storm drain improvements or connections to existing storm
drains required for each individual project developed under the General Plan would be
further analyzed under separate CEQA review as part of each individual project. Impacts
related to storm drain facilities would be less than significant (Town of Los Gatos 2021,
p. 4.16-22).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, would primarily involve
infill development. Additionally, the Housing Element Update would be required to
implement best management practices and low impact development approaches to
reduce stormwater runoff and ensure that downstream storm drain capacities are not
exceeded. Development associated with the Housing Element Update would be required
to comply with General Plan Policy PFS-3.1, which requires that CEQA review analysis
occurs for all development projects consisting of single and cumulative impacts on water
drainage (runoff) and contamination (water quality) in all areas. Implementation of best
management practices and compliance with General Plan Policy PFS-3.1 would ensure
Section C Evaluation of Environmental Impacts 93 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
that the Housing Element Update’s impacts related to the potential for construction of
new storm drainage facilities would be less than significant.
Electricity/Natural Gas/Telecommunications. The General Plan EIR concluded
(page 4.16-22) that with implementation of the 2040 General Plan goals and policies,
impacts related to electric power, natural has, and telecommunication would be less than
significant.
Development facilitated by the General Plan would be required to implement the
applicable policies under General Plan Goal PFS-6 (encourage development that reduces
the use of non-renewable energy resources and expands the use of renewable resources
and alternative fuels) and Goal PFS-7 (promote green buildings that minimize
consumption of energy and natural resources). Implementation of the applicable General
Plan policies as well as required separate CEQA review for each individual project that
requires new connection to existing services would ensure that impacts related to the
construction of new, or expansion of existing, electricity, natural gas, or
telecommunications facilities would be less than significant (Town of Los Gatos 2021,
p. 4.16-22).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, would facilitate infill
development where existing electricity, natural gas, and telecommunications facilities
currently exist. Individual development associated with the Housing Element Update
would be required to connect into these existing facilities and the impacts of these new
connections would be determined under separate CEQA analysis at the time such
development is proposed (page 4.16-21). Therefore, development associated with the
Housing Element Update would comply with existing energy efficiency regulations as
well as implement applicable General Plan policies, and separate CEQA analysis would
occur at the time individual projects are proposed to determine the potential for impacts
associated with the new connections. For these reasons, the Housing Element Update
would result in less than significant impacts related to the potential for construction of
new, or expansion of existing, electricity, natural gas, and telecommunications facilities.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
require the expansion of existing or the construction of new water, wastewater,
stormwater drainage, electricity, natural gas, and/or telecommunications facilities, the
construction of which could cause significant environmental impacts.
b. San Jose Water Company is the water service provider for the Town and the Santa Clara
Valley Water District (Valley Water) manages the Santa Clara Valley Groundwater sub-
basin, which supplies approximately one-third of the Town’s water supply. During
preparation of the General Plan EIR, the San Jose Water Company was undergoing the
preparation of the 2020 Urban Water Management Plan. Therefore, the General Plan EIR
relied on the analysis within the 2015 Urban Water Management Plan.
Section C Evaluation of Environmental Impacts 94 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
According to the 2015 Urban Water Management Plan, the San Jose Water Company had
adequate water supply capacity to meet its demands through 2040, which included the
growth in the Town anticipated by the General Plan. Development under the General
Plan would result in the increase in residential and nonresidential uses, which would result
in an incremental increase in the Town’s water demand. As indicated in the 2015 Urban
Water Management Plan, the San Jose Water Company has sufficient supplies to support
development under the General Plan during a normal year. However, it was determined
that projected water demands would likely exceed supply totals in the event of a multiple
dry year scenario. Therefore, the San Jose Water Company would not have sufficient
water supply to accommodate the demand of development and the population increase
facilitated by the General Plan through 2040.
As a result, Section 4.16, Utilities and Service Systems, of the General Plan EIR explains
that the San Jose Water Company would enact its Water Shortage Contingency Plan,
which includes four stages of action based on water supply conditions. The Town would
also increase its reliance on recycled water supply and water conservation measures
implemented by the San Jose Water Company and the Valley Water reducing demands.
Additionally, the Town would impose water conservation tactics on new development to
further reduce water demand. Development under the General Plan would be required
to implement the polices associated with General Plan Goal PFS-1 (ensure an adequate
water supply for the Town’s human, wildlife, and plant populations), which are consistent
with the purpose of the 2015 Urban Water Management Plan to encourage the sustainable
use and management of water supplies and infrastructure in the Town. With reliance on
recycled water supply and water conservation measures, in addition to compliance with
applicable General Plan policies, impacts related to water supply would be less than
significant (p. 4.16-19).
Development associated with the Housing Element Update would result in the increase
of the residential population of the Town, which would increase the demand on water
supplies. Development associated with the Housing Element Update would be required
to implement General Plan Policy PFS-1, which requires that landscaping and
hardscaping for all development is designed to minimize water usage and enhance water
conservation; Policy PFS-1.2, which requires that all new home construction and
remodeled homes comply with the Bay-Friendly Landscaping Guidelines in addition to
the landscaping standards in the GreenPoint Rated Building Guidelines; Policy PSF-1.3,
which requires the use of water-saving devices in new developments and pumping-related
remodels; and Policy PFS-1.4, which requires that all new development install water-
efficient irrigation management systems and devices, such as evapotranspiration or soil
moisture-based irrigation controls.
In addition to compliance with the above-mentioned General Plan policies, the Housing
Element Update’s population growth was already evaluated in the General Plan EIR and
anticipated by the General Plan. Therefore, the Housing Element Update’s impacts
related to increased demand on the Town’s water supplies would be less than significant.
Section C Evaluation of Environmental Impacts 95 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
As previously mentioned, since the certification of the General Plan EIR and adoption of
the General Plan, the San Jose Water Company has adopted its 2020 Urban Water
Management Plan. The 2020 Urban Water Management Plan concluded that San Jose Water
Company anticipates adequate supplies to meet system demand under average year, single
dry year, and multiple dry year conditions through 2045 (San Jose Water Company 2021,
p. 7-11). However, there is the possibility for a call for a mandatory 20 percent
conservation during multi-year droughts (p. 7-12).
The General Plan EIR adequately addressed the Housing Element Update’s potential
impacts related to the Town’s water supplies.
c. Refer to the discussion about wastewater under checklist question “a.” The growth
envisioned in the General Plan would require an increase in wastewater capacity to meet
the treatment demand from new development; however, the wastewater treatment needs
of the General Plan, in addition to existing needs, would be met due to excess capacity
within the wastewater treatment plant. As for the wastewater collection system, ongoing
upgrades under the West Valley Sanitation District’s Capital Improvement Plan would
continue to occur and new development under the General Plan would be required to
pay impact fees for system expansion that would accommodate the increased growth in
the Town.
Therefore, Section 4.16, Utilities and Service Systems, of the General Plan EIR
determined that the growth envisioned by the General Plan would result in less than
significant impacts related to the West Valley Sanitation District’s ability to serve the
projected demand in addition to its existing commitments.
The Housing Element Update is consistent with the growth projections evaluated in the
General Plan EIR and, therefore, the increased wastewater demands associated with
development under the Housing Element Update have been evaluated by the General
Plan EIR. Therefore, the wastewater treatment needs of the Housing Element Update,
which is consistent with the growth projections evaluated in the General Plan EIR, would
be met by the excess capacity remaining within the wastewater treatment plant.
Development associated with the Housing Element Update would be required to pay
impact fees related to the expansion of the wastewater collection system that would
accommodate the increased growth in the Town anticipated by the Housing Element
Update. Therefore, the Housing Element Update would result in less than significant
impacts related to the West Valley Sanitation District’s ability to serve its increased
wastewater demand in addition to its existing commitments.
The General Plan EIR adequately addressed the Housing Element Update’s potential to
impact the West Valley Sanitation District’s ability to serve the projected demand of the
Housing Element Update in addition to its existing commitments.
d. Solid waste within the Town is disposed of at the Guadalupe Landfill, which is permitted
to accept 3,650 tons of material daily and is projected to reach capacity in 2048. Using
the residential disposal rates of the Santa Clara Integrated Waste Management Account,
Section C Evaluation of Environmental Impacts 96 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
residential buildout under the General Plan could result in the daily solid waste generation
of approximately 294,158 pounds per day (or approximately 147 tons per day).
Therefore, as discussed in Section 4.16, Utilities and Service Systems, of the General Plan
EIR, the residential demand in solid waste anticipated by the General Plan would increase
disposal at the Guadalupe Landfill by approximately one percent. Because the landfill has
a remaining capacity of 11,055,000 cubic yards, it would have sufficient capacity to
accommodate the General Plan’s residential increase in solid waste generation (Town of
Los Gatos, p. 4.16-23). Although there would be sufficient capacity, the General Plan
EIR also discusses the reduction in trash production and promotes recycling and
potentially introducing Townwide composting to reduce the amount of solid waste sent
to the Guadalupe Landfill. Implementation of the General Plan policies associated with
Goals PFS-4 and PFS-5 would help conserve space at the landfill and impacts would be
less than significant (Town of Los Gatos 2021, p. 4.16-24).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and its residential solid waste generation
has already been evaluated in the General Plan EIR. The General Plan’s residential solid
waste generation encompasses the total of residential solid waste generation that would
be created by the Housing Element Update. Therefore, because the General Plan EIR
concludes that the General Plan’s residential solid waste generation could be
accommodated by the Guadalupe Landfill, the solid waste generation as a result of the
Housing Element Update would also be accommodated. Development associated with
the Housing Element Update would also be required to implement the policies identified
under General Plan Goals PFS-4 and PFS-5 to help conserve space at the landfill. For
these reasons, the Housing Element Update would not generate solid waste in excess of
the capacity of local infrastructure.
The General Plan EIR adequately addresses the Housing Element Update’s potential
impacts related to solid waste generation.
e. The General Plan EIR (Section 4.16, Utilities and Service Systems) concludes that
implementation of the General Plan’s goals and policies would support the reduction and
diversion of waste consistent with state goals for solid waste reduction. Implementation
of applicable General Plan goals and policies would ensure that development under the
General Plan would comply with federal, state, and local management and reduction
statutes and regulations related to solid waste. Impacts would be less than significant
(Town of Los Gatos 2021, p. 4.16-24).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, would be required to
comply with applicable General Plan policies such as Policy PFS-4.1, which requires the
recycling of reusable materials from residential and construction/renovation activities.
Implementation of applicable General Plan policies would ensure that the Housing
Element Update complies with federal, state, and local management and reduction
statutes and regulations related to solid waste and no impacts would occur.
Section C Evaluation of Environmental Impacts 97 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The General Plan EIR adequately addresses the Housing Element Update’s potential
impacts related to compliance with federal, state, and local regulations associated with
solid waste.
Section C Evaluation of Environmental Impacts 98 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
20. WILDFIRE
If located in or near state responsibility areas or lands classified as very high fire hazard severity
zones, would the project:
Comments:
The sites associated with the Housing Element Update that make up the “Downtown Area” are
located within lands classified as very high fire hazard severity zones in local responsibility areas
(CalFire 2022). Figure 3, Downtown Area Sites’ Fire Hazards, illustrates those sites associated
with the Housing Element Update that are within a very high fire hazard area.
a. The Santa Clara County Operational Area Hazard Mitigation Plan and the Santa Clara
County Community Wildfire Protection Plan include techniques for reducing wildfire risk
in the Town through land use decisions, inter-agency coordination, community programs,
and emergency response improvements. The General Plan Safety Element also directs
the Town to accommodate safety needs when planning and designing, while increasing
the resiliency of residents and businesses to respond to and be prepared for potential
emergencies and disasters.
The General Plan EIR (Section 4.17, Wildfire) states that all development consistent with
the General Plan shall comply with the applicable General Plan policies and the Santa
Clara County Fire Department shall review and approve all development projects to
ensure that emergency access meets standards. Compliance with such actions would
ensure that potential impacts from implementation of the General Plan on emergency
response and evacuation would be less than significant (p. 4.17-7).
Potentially Significant
Impact
Less-than-Significant Impact with Mitigation
Measures Incorporated
Less-Than- Significant
Impact
No Impact
a. Substantially impair an adopted emergency response
plan or emergency evacuation plan?
☐ ☐ ☒ ☐
b. Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire
or the uncontrolled spread of wildfire?
☐ ☐ ☐ ☒
c. Require the installation or maintenance of associated
infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may
exacerbate fire risk or that may result in temporary or
ongoing impacts to the environment?
☐ ☐ ☒ ☐
d. Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
☐ ☐ ☐ ☒
Source: Santa Clara County GIS 2022,Google Earth 2022, CalFire FHSZ 2022
Figure 3Downtown Area Sites’ Fire Hazards
0 500 ft
Downtown AreaParcels
Los GatosTown Limits Very High Fire Hazard Severity(Local Responsibility Area)
UV17
UV17
UV17
W. Mai
n
S
t
.University Ave.North Santa Cruz Ave.Sarat
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Los Gatos 6th Cycle Housing Element Environmental Analysis
Section C Evaluation of Environmental Impacts 100 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
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Section C Evaluation of Environmental Impacts 101 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, each individual site to be
developed would require careful consideration of the adequacy of water storage for fire
protection during its development review process in compliance with General Plan Policy
HAZ-4.3. Additionally, the Santa Clara County Fire Department would be required to
review and approve each development project’s plans. Such actions would ensure that
the Housing Element Update’s potential impacts related to emergency evacuation and
emergency response plans are less than significant.
The General Plan EIR adequately addresses the Housing Element Update’s impacts
related to emergency response or emergency evacuation plans.
b. Prevailing winds in the Town generally blow southeast; therefore, a wildfire could
potentially be carried, as well as smoke and air pollutants, across or down the nearby east-
and north-facing slopes of the Santa Cruz Mountains into thick vegetation towards the
more urbanized areas of the Town (Town of Los Gatos 2021, p. 4.17-7 and -8).
The risk of wildfire in the Town is most prevalent for those areas of the Town within and
surrounding the Santa Cruz Mountains. However, the General Plan EIR (Section 4.17,
Wildfire) states that development under the General Plan would not introduce new
people or structures to these areas beyond what was already permitted by the previous
general plan. Therefore, compliance with applicable General Plan policies reducing
wildfire risks in the Town, in addition to the fact that the General Plan would not allow
for new development in areas that were not already permitted for development, the
General Plan would not exacerbate existing wildfire risks or expose project occupants to
pollutant concentrations from a wildfire and impacts would be less than significant
(Town of Los Gatos 2021, p. 4.17-8).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and, therefore, would be required to
comply with General Plan Policy HAZ-4.1, which requires that fire preventative site
design, access, fire-safe landscaping, and building materials, as well as the incorporation
of fire suppression techniques, occur in new development located in or adjacent to fire
hazard areas. Because development associated with the Housing Element Update was
evaluated in the General Plan EIR and anticipated by the General Plan, the Housing
Element Update would not exacerbate wildfire risks thereby exposing its occupants to
pollutant concentrations from a wildfire or the uncontrolled spread of wildfire.
The General Plan EIR adequately addressed the Housing Element Update’s impact
related to exacerbating wildfire risks and exposing occupants to pollutant concentrations
from a wildfire.
c. The General Plan EIR (Section 4.17, Wildfire) states that the General Plan would
facilitate strategic growth in the Town and would occur primarily as infill and
redevelopment within the urbanized areas of the Town. Therefore, the majority of roads
and utility infrastructure required for growth facilitated by the General Plan would be
Section C Evaluation of Environmental Impacts 102 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
existing or would occur in currently developed areas, resulting in negligible temporary or
ongoing environmental impacts. Because this development would occur in urbanized
areas of the Town, where large tracts of vegetation cover are not present, the risk of
wildfire would not be exacerbated (Town of Los Gatos 2021, p. 4.17-9). However,
portions of the Town’s southern incorporated areas lie within very high fire hazard
severity zones; therefore, potential development facilitated by the General Plan in these
areas would be subject to the latest California Fire Code, which includes safety measures
to minimize the threat from wildfire. In addition, compliance with applicable General
Plan policies that require the maintenance of fire roads throughout the Town and
adequate emergency response along the wildfire fuel monitoring would be required.
Maintenance and monitoring of wildfire fuel could generate temporary or ongoing
impacts related to noise and vegetation removal, but would occur infrequently and is
limited to the areas immediately next to fire access roads. Maintenance of these areas
would reduce the potential for severe or catastrophic wildfires, rather than exacerbate
them (p. 4.17-9). Therefore, the General Plan EIR concluded that impacts related to fire
protection-related infrastructure that may exacerbate fire risk would be less than
significant (p. 4.17-10).
Development associated with the Housing Element Update is consistent with the growth
projections evaluated in the General Plan EIR and would occur as infill and
redevelopment within the urbanized areas of the Town. The Housing Element Update
would be required to comply with the applicable regulations of the California Fire Code
as well as Title 14 of the California Code of Regulations, which sets forth the minimum
development standards for emergency access, fuel modification, setback, signage, and
water supply, which help prevent loss of structures or life by reducing wildfire hazards.
Because the maintenance and monitoring of wildfire fuel and the creation of fuel breaks
would be infrequent and occur in limited areas, the temporary or ongoing impacts related
to noise and vegetation removal would be considered less than significant. Therefore,
development associated with the Housing Element Update would result in less than
significant impacts related to the installation or maintenance of associated fire protection
infrastructure.
The General Plan EIR adequately addressed the Housing Element Update’s impacts
related to fire protection infrastructure and its potential to exacerbate fire risk.
d. As discussed in the General Plan EIR (Section 4.17, Wildfire), severe wildfires damage
the forest or shrub canopy, the plants below, and the soil, which can result in increased
runoff after intense rainfall putting homes and other structures below a burned area at
risk of localized floods and landslides. Slopes at risk of wildfire in Los Gatos are
primarily limited to the areas along the Santa Cruz Mountains and its foothills (p. 4.17-8).
As previously discussed, development consistent with the General Plan would not result
in more or increased development in the Santa Cruz Mountains or surrounding areas than
what has already been allowed by the previous general plan. Therefore, impacts related to
exposing people or structures to risks, including downslope or downstream flooding or
landslides as a result of runoff, post-fire instability, or drainage changes are determined by
the General Plan EIR to be less than significant (Town of Los Gatos 2021, p. 4.17-8).
Section C Evaluation of Environmental Impacts 103 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development associated with the Housing Element Update would not be located outside
of the Town’s incorporated limits, where the slopes at the highest risk of wildfire are
located. In addition, because development associated with the Housing Element Update
was evaluated in the General Plan EIR and anticipated by the General Plan, the Housing
Element Update would not expose people or structures to significant risks, including
downslope or downstream flooding or landslides, as a result of runoff, post-fire slope
instability, or drainage changes.
The General Plan EIR adequately addressed the Housing Element Update’s impact
related to exposure of significant risks, including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slop instability, or drainage changes to people or
structures.
Section C Evaluation of Environmental Impacts 104 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
21. MANDATORY FINDINGS OF SIGNIFICANCE
Comments:
a. As discussed in Section 4.0, Biological Resources, special-status plant and wildlife species
are recorded as occurring in the riparian areas of the Town, but are not likely to occur in
the developed portions due to lack of suitable habitat. However, both the General Plan
and the Housing Element Update facilitates the increase in allowable density that could
occur on some of the infill and redevelopment sites within the Town, which could require
the upgrading of infrastructure facilities within riparian vegetation along creeks and
waterways. Additionally, development within proximity to vegetation cover could result
in new sources of light that affect nesting patterns or wildlife behavior. Therefore,
implementation of the General Plan’s applicable goals and policies, as well as compliance
with state and federal regulations related to special-status species and their habitats, would
ensure that impacts to special-status species and their habitats by development associated
with the General Plan and the Housing Element Update would be less than significant.
As discussed in Section 5.0, Cultural Resources, effects on cultural resources are only
knowable once a specific project has been proposed because the effects are dependent on
the individual project site conditions (page 4.5-10), project activities that may alter the
character of a built environment resources, and/or the characteristics of the proposed
ground-disturbing activity. Development associated with the Housing Element Update is
not anticipated to disturb known historic resources; however, ground-disturbing activities
have the potential to damage or destroy previously unknown historic or prehistoric
Potentially Significant Impact
Less-than-Significant Impact with Mitigation Measures Incorporated
Less-Than- Significant Impact
No Impact
a. Does the project have the potential to substantially
degrade the quality of the environment; substantially
reduce the habitat of a fish or wildlife species; cause a
fish or wildlife population to drop below self-
sustaining levels; threaten to eliminate a plant or
animal community; substantially reduce the number or
restrict the range of an endangered, rare, or threatened
species; or eliminate important examples of the major
periods of California history or prehistory?
☐ ☒ ☐ ☐
b.Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects)
☒ ☐ ☐ ☐
c. Does the project have environmental effects, which
will cause substantial adverse effects on human beings,
either directly or indirectly?
☐ ☒ ☐ ☐
Section C Evaluation of Environmental Impacts 105 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
archaeological resources that may be present on or below the ground surface.
Implementation of Mitigation Measure CR-1 would reduce impacts to a less-than-
significant level.
b. As described in Section 3.0, Air Quality, the Housing Element Update’s criteria air
pollutant emissions and their effects to air quality during construction would be reduced
to a less-than-significant level with implementation of Mitigation Measure AQ-1 and the
General Plan EIR concludes that the General Plan, which includes development
associated with the Housing Element Update, would not have a cumulatively
considerable contribution to regional air quality impacts.
The proposed development would result in temporary biological resource impacts during
construction associated with special-status species. However, as described in Section 4.0,
Biological Resources, construction impacts would be reduced to a less-than-significant
level with implementation of applicable General Plan policies. Therefore, development
associated with the Housing Element Update would not have a cumulatively considerable
impact on biological resources.
Section 5.0, Cultural Resources, concludes that earthmoving activities may result in the
loss of unknown prehistoric or historic subsurface archaeological resources onsite.
Because the development associated with the Housing Element Update would implement
Mitigation Measure CR-1, they would not have a cumulatively considerable impact on
cultural resources.
As discussed in Section 8.0, Greenhouse Gas Emissions, development associated with the
Housing Element Update will generate GHG emissions that will contribute to the
cumulative accumulation of GHG emissions is the atmosphere as its effects are not
localized to areas where they are produced. Climate change is a global phenomenon
resulting from the combined effects of GHG emissions produced worldwide.
Consequently, the analysis of climate change impacts from production of GHGs is
inherently cumulative in nature. (See Center for Biological Diversity v. Department of Fish &
Wildlife (2015) 62 Cal.4th 204, 219). However, even with mitigation measures, the
impacts would not be capable of being reduced to a less than cumulatively considerable
level and, therefore, impacts related to GHG are significant and unavoidable.
Section 13.0, Noise, concludes that development associated with the Housing Element
Update would result in temporary construction noise impacts. However, Mitigation
Measure N-1 would reduce impacts to a less-than-cumulatively considerable level.
c. Development associated with the Housing Element Update would have the potential to
expose sensitive receptors to construction toxic air contaminant emissions that can lead
to increased cancer risks that exceed the air district cancer risk thresholds.
Implementation of Mitigation Measure AQ-1 would reduce this impact to less than
significant. Construction noise and vibrations would also occur at buildout of the
General Plan and Housing Element Update; therefore, implementation of Mitigation
Measures N-1 and N-2 would be required to reduce impacts to a less-than-significant
level.
Section C Evaluation of Environmental Impacts 106 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
D. SOURCES
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Biological Resources
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https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf
—. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA.
http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft –
Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDC-
Initial-Review-Draft-Submittal-
Union Elementary School District. “Union Elementary School District (Grades K-8).”
Accessed on November 8, 2022.
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4IG0VO3LMqjGlSy47x70hqmSI641ljrtp14Vijs85FsiIzGO.pdf
Recreation
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
—. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.
Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf
—. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA.
http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft –
Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDC-
Initial-Review-Draft-Submittal-
Transportation
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
—. November 2021. 2040 General Plan Revised Sections of Draft Environmental Impact
Report. Los Gatos, CA.
—. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.
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Section C Evaluation of Environmental Impacts 114 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
—. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA.
http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft –
Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDC-
Initial-Review-Draft-Submittal-
Tribal Cultural Resources
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
—. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.
Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf
—. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA.
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—. June 2022. Los Gatos Municipal Code.
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OTOLOGACA
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Initial-Review-Draft-Submittal-
Utilities and Service Systems
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06/2020%20UWMP%20FINAL%20with%20Appendices.pdf
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—. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.
Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf
—. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA.
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—. June 2022. Los Gatos Municipal Code.
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OTOLOGACA
Section C Evaluation of Environmental Impacts 115 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft –
Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDC-
Initial-Review-Draft-Submittal-
Wildfire
CalFire. “FHSZ Viewer.” Accessed on October 24, 2022. https://egis.fire.ca.gov/FHSZ/
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—. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.
Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf
—. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA.
http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft –
Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDC-
Initial-Review-Draft-Submittal-
Mandatory Findings of Significance
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—. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.
Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf
—. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA.
http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft –
Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDC-
Initial-Review-Draft-Submittal-
Section C Evaluation of Environmental Impacts 116 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
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