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Item R-1 Staff Report Adopt Resolution Certifying Completion of and Making Findings Based Upon Consideration of the Final Environmental Impact Report for the Central Los Gatos Redevelopment ProjectAGENCY AGENDA DATE: 11/18/91 ITEM NO. TOWN OF LOS GATOS AGENCY AGENDA REPORT DATE: November 14, 1991 TO: CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: EXECUTIVE DIRECTOR SUBJECT: ►1—" I ADOPT RESOLUTION CERTIFYING COMPLETION OF AND MAKING FINDINGS BASED UPON CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT RECOMMENDATION: Adopt the attached Resolution. DISCUSSION: At the joint Agency/Council public hearing, Ted Kreines, environmental consultant, presented the Final Environmental Impact Report (EIR) for the Central Los Gatos Redevelopment Project (Project). In order for the Council to adopt the Redevelopment Plan for the Project, the Agency must adopt the attached resolution certifying completion of and making findings based upon consideration of the Final EIR. FISCAL IMPACT: None. PREPARED BY: LEE E. BOWMAN Redevelopment Planning Director LEB:BL:lkj 11/14/91 10:52 am RDV\cnclrpts\finalEIR.AGN Fi e # ATTACHMENT: Resolution DISTRIBUTION: Robert F. Beyer, Beyer and Associates, P.O. Box 2911, Saratoga, CA 95070 John B. Dykstra, Dykstra and Associates, 6644 Ascot Drive, Oakland, CA 94611 Don Harris, McDonough, Holland and Allen, 555 Capitol Mall, Suite 950, Sacramento, CA 95814 Stephanie Smith Lovette, Sutro and Company, 201 California Street, San Francisco, CA 94111-5096 Reviewed by: General Counsel Finance Director AGENCY ACTION/ACTION DIRECTED TO: AGENCY AGENDA DATE: 11/18/91 ITEM NO. R-1 TOWN OF LOS GATOS AGENCY AGENDA REPORT DATE: November 15, 1991 TO: CHAIR AND MEMBERS OF THEE DEVELOPMENT AGENCY FROM: EXECUTIVE DIRECTOR 1C) R SUBJECT: ADOPT RESOLUTION CERTIFYING COMPLETION OF AND MAKING FINDINGS BASED UPON CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT. DISCUSSION: The attached Resolution should be added to the staff report dated November 14, 1991 for this agenda item. Exhibit A of the Resolution will be provided as a desk item on November 18, 1991. PREPARED BY: LEE E. BOWMAN Redevelopment Planning Director LEB:BL:mb 11/15/91 4:56 pm PCMIN04\AGENCY\RED. R-1 Reviewed by: General Counsel Finance Director AGENCY ACTION/ACTION DIRECTED TO: AGENCY RESOLUTION RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS CERTIFYING THE COMPLETION OF AND MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AND APPROVING A MITIGATION MONITORING PROGRAM WHEREAS, the Redevelopment Agency of the Town of Los Gatos (the "Agency") has prepared and submitted to the Town Council of the Town of Los Gatos (the "Town Council") a proposed Redevelopment Plan (the "Plan") for the Central Los Gatos Redevelopment Project (the "Project") which would establish a redevelopment project area (the "Project Area") to upgrade or build new public improvements and assist private residential and commercial rehabilitation and development within the project area; and WHEREAS, an environmental impact report (the "EIR") on the Plan was prepared by the Agency pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq., hereinafter the "State CEQA Guidelines") and local procedures adopted by the Agency pursuant thereto; and WHEREAS, a Notice of Completion of the Draft EIR was filed with the Office of Planning and Research on June 11, 1991, and a public notice of the availability of the Draft EIR was published in the Los Gatos Weekly -Times, on June 19, 1991; and WHEREAS, copies of the Draft EIR were distributed to the State Clearinghouse and to those public agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and the comments of such persons and agencies were sought; and WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt changes suggested, to incorporate comments received and the Agency's response to said comments, and as so revised and supplemented, a Final EIR was prepared and submitted to the Town Council; and RDV\resos\monitor.agn WHEREAS, a joint public hearing was held by the Agency and the Town Council on November 12, 1991, on the Plan and the Final EIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto having been heard, and said Final EIR and all comments and responses thereto having been considered; RESOLVED: Section 1. The Agency hereby certifies that the Final EIR for the Plan has been completed in compliance with the California Environmental Quality Act, the State CEQA Guidelines and local procedures adopted by the Agency pursuant thereto, and that the Agency has reviewed and considered the information contained in the Final EIR. Section 2. The Agency has evaluated all comments, written and oral, received from persons who have reviewed the Draft EIR. Section 3. The Agency hereby makes the written findings set forth in Exhibit A, attached hereto and incorporated by reference herein, for each of the significant effects set forth in said Exhibit A, and further approves the statements of facts set forth in said Exhibit A. Based on such findings and statements of facts, the Agency hereby finds that significant environmental effects have been reduced to an acceptable level in that all significant environmental effects have been eliminated or substantially lessened. Based on the foregoing, the Agency finds and determines that the Plan will not have a significant effect upon the environment. Section 4. The Agency hereby approves and adopts as a Mitigation Monitoring Program those monitoring actions set forth in Exhibit A to monitor the changes or alterations that have been required in, or incorporated into, the Project in order to mitigate or substantially lessen those significant environmental effects identified in Exhibit A. Section 5. Upon approval and adoption of the Plan by the Town Council, the Secretary of the Agency is hereby directed to file a Notice of Determination on the Final EIR with the County Clerk of Santa Clara County and the Office of Planning and Research pursuant to the provisions of Section 15094 of the State CEQA Guidelines. RDV\resos\monitor.agn 2 PASSED AND ADOPTED at a regular meeting of the Redevelopment Agency of the Town of Los Gatos this day of , 1991, by the following vote: AGENCY MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: CHAIR OF THE REDEVELOPMENT AGENCY LOS GATOS, CALIFORNIA ATTEST: SECRETARY OF THE REDEVELOPMENT AGENCY LOS GATOS, CALIFORNIA RDV\resos\monitor.agn 3 AGENCY AGENDA DATE: 11 /18/91 ITEM NO. R-1 TOWN OF LOS GATOS AGENCY AGENDA REPORT DATE: November 18, 1991 TO: CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: EXECUTIVE DIRECTO SUBJECT: DISCUSSION: DESK ITEM ADOPT RESOLUTION CERTIFYING COMPLETION OF AND MAKING FINDINGS BASED UPON CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT. Attached is an exhibit which should be attached to the resolution regarding this item. The exhibit lists the impacts which were found to be significant in the Environmental Impact Report for the Central Los Gatos Redevelopment Project and describes the mitigation measures for each impact. The exhibit also identifies the Department Head responsible for the monitoring the mitigation measures to ensure each impact is mitigated. LEB:BL:cs 11/18/91 2:16 pm ROV\AGENCY\FINAL PREPARED BY: LEE E. BOWMAN Redevelopment Planning Director Reviewed by: General Counsel Finance Director AGENCY ACTION/ACTION DIRECTED TO: EXHIBIT A DESCRIPTION OF SIGNIFICANT EFFECT: A. Earth (Geology and Soils) Seismicity 1. All buildings and structures either constructed or modified under the Redevelopment Project could be subject to failure from seismic shaking. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: The policies and implementation measures of the Seismic Safety Element, Ordinance No. 1800, Ordinance No. 1811 along with all recent information from the Loma Prieta earthquake, shall be applied during the project review and construction phase of buildings and structures in the Redevelopment Project area. Projects shall be designed to avoid structural failure that could result in property damage and loss of life. The design and construction of any buildings and structures shall consider the geotechnical report and the probability of high lateral forces induced by the anticipated ground shaking at the site. Projects shall be designed by qualified design professionals. Site specific geotechnical reports for all buildings and structures in the Redevelopment Project area shall be prepared by a Certified Engineering Geologist. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: RDV\exhibits\finding.TC The Director of Building Services shall ensure that all building plans comply with the mitigation measures described in Section b. above prior to the issuance of a Building Permit. EXHIBIT A Page 1 of 7 11/18/91 B. Air Oualitv 1. All Redevelopment Project improvements could result in demolition, excavation, clearing and/or construction activities that temporarily create dust that would be a nuisance for neighboring properties. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: All project sites shall be watered down twice daily to reduce dust. The water shall be non -potable. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Director of Building Services shall require all plans to include the mitigation measure described in Section b. above as a condition of approval and shall require Building and Engineering Inspectors to enforce the mitigation measure as a part of the site inspections. C. Water 1. If any structures are to be placed in the 100-year flood plain, a flooding hazard may exist. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: All structures in the Redevelopment Project Area that are located within the 100-year flood plain must follow all provisions of the Town of Los Gatos Flood Ordinance 1763. RDV\exhibits\finding.TC EXHIBIT A Page 2 of 7 11/18/91 c. The finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Town Engineer shall ensure that all plans comply with the mitigation measure described in Section b. above prior to the issuance of a Building Permit. D. Power and Communications 1. Infrastructure improvements may encounter may encounter buried power and communication lines. Without adequate precautions, disruptions in service could result and, in the case of natural gas, hazards could result. a. The Town Council finds that as to 'such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: Adequate precautions shall be taken to avoid hazards or disruptions of service. c. The finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Director of Building Services shall ensure that the mitigation measure described in Section b. above is incorporated into the infrastructure improvement process. E. Transportation/Circulation 1. Improvements that block streets would result in short-term impacts on traffic and parking would create a nuisance. a. The Town Council finds that as to such significant effect identified above: RDV\exhibits\finding.TC EXHIBIT A Page 3 of 7 11/18/91 Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environment effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: Each individual project, upon submitting an application for an Encroachment Permit, shall submit a diversion plan for traffic. Diversion plans must show all uses of the public right-of-way including parking and equipment, cone and barrier placement and the need for traffic direction personnel. c. The finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Town Engineer shall ensure that the mitigation measure described in Section b. above is required for all projects as a condition of approval prior to the issuance of an Encroachment Permit or Building Permit. F. Cultural Resources 1. Artifacts or historic foundations could be uncovered during excavations. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: RDV\exhibits\finding.TC In the event that any archaeological resource is discovered at any time during grading, scraping or excavation, all work shall be halted in the vicinity of the find, the Town of Los Gatos shall be notified and an archaeologist shall be contacted immediately. The archaeologist shall determine if the Redevelopment Project improvement may cause damage to an important archaeological resource. An important archaeological resource is one which: 1) is associated with an event or person of significance in California or American history or prehistory; 2) can provide information which is of public interest and use in archeological research questions; 3) has special or particular quality; 4) is at least 100 years old; or 5) involves important research questions EXHIBIT A Page 4 of 7 11/18/91 that can be answered only with archaeological methods. This determination must be made by the archaeologist in writing. If the resource is not determined by the archaeologist to be important, a record of this discovery shall be made by the archaeologist and noted in the Los Gatos records. If the resource is important, in -situ preservation is the preferred manner of avoiding damage to resources. If avoidance is not feasible, a mitigation plan shall be prepared by the archaeologist. In the event of discovery or recognition of any human remains, all work at the site and within a radius of 50 meters shall be halted. The County Coroner shall be notified. If the remains are of Native American origin, the designated representative proscribed by the Native American Heritage Commission in Sacramento shall be notified and given an opportunity to express concerns about the project and mitigation of potential disturbance. If any archaeological resources are found as a result of any of these improvements, further details on mitigation as found in Appendix K of the CEQA Guidelines will be followed. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Planning Director shall include all mitigation measures described in Section b. above as conditions of approval for all projects that involve grading activities as conditions of approval. 2. The rehabilitation of residential and commercial properties and construction of new residential units could result in the degradation of the aesthetic environment. a. The Town Council finds that as to such significant effect identified above: ROV\exhibits\finding.TC Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. EXHIBIT A Page 5 of 7 11/18/91 b. The facts supporting such finding are as follows: Rehabilitation shall be done in a manner consistent with Town design standards. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Planning Director shall require all plans to comply with the mitigation measure described in Section b. above prior to the issuance of a Building Permit. G. Noise 1. Some construction equipment used in improvements may temporarily exceed the noise limits set by the Los Gatos Noise Ordinance. Construction noise may also impact sensitive receptors. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: The Town of Los Gatos shall enforce the Noise Element requirement for acoustical analyses and recommendations for reducing noise impacts to an acceptable level within residential areas where noise levels exceed 55 dB. The provisions of the Los Gatos Noise Ordinance shall be followed, including the requirement for exemption permits for equipment that may exceed the noise allowed in the ordinance. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. RDV\exhibits\finding,TC EXHIBIT A Page 6 of 7 11/18/91 d. Monitoring Actions: The Director of Building Services shall ensure that all construction activities comply with the mitigation measures described in Section b. above as part of Building Department code enforcement procedures and as part of the site inspection procedure during construction. H. Human Health 1. Hazardous materials may be encountered in the course of demolition, rehabilitation and/or excavation for Redevelopment Project improvements. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: The Town of Los Gatos shall conduct, or have property owners conduct and submit to the Town, preliminary environmental investigations for hazardous materials prior to any of the following activities being undertaken: 1. Demolition or rehabilitation of structures or buildings, including removal of interior walls. 2. Excavation of the ground for purposes other than clearing, grubbing or staking unimproved ground for the purposes of surface improvements, such improvements to be limited to the upper 12 inches of earth. 3. The environmental investigation shall be performed by certified professionals and contain recommendations for future actions, if necessary. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: ROV\exhibits\finding.TC The Director of Building Services shall require the mitigation measure described in Section b. above to be included as a condition of approval prior to the issuance of a Building Permit. EXHIBIT A Page 7 of 7 11/18/91 AGENCY AGENDA DATE: 11/18/91 ITEM NO. R-1 TOWN OF LOS GATOS AGENCY AGENDA REPORT DATE: November 18, 1991 TO: CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: EXECUTIVE DIRECTO SUBJECT: DISCUSSION: DESK ITEM ADOPT RESOLUTION CERTIFYING COMPLETION OF AND MAKING FINDINGS BASED UPON CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT. Attached is an exhibit which should be attached to the resolution regarding this item. The exhibit lists the impacts which were found to be significant in the Environmental Impact Report for the Central Los Gatos Redevelopment Project and describes the mitigation measures for each impact. The exhibit also identifies the Department Head responsible for the monitoring the mitigation measures to ensure each impact is mitigated. PREPARED BY: LEE E. BOWMAN Redevelopment Planning Director LEB:BL:cs ROV\AGENCY\FINAL Reviewed by: General Counsel Finance Director AGENCY ACTION/ACTION DIRECTED TO: 11/18/91 2:16 pm EXHIBIT A DESCRIPTION OF SIGNIFICANT EFFECT: A. Earth (Geology and Soils) Seismicity 1. All buildings and structures either constructed or modified under the Redevelopment Project could be subject to failure from seismic shaking. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: The policies and implementation measures of the Seismic Safety Element, Ordinance No. 1800, Ordinance No. 1811 along with all recent information from the Loma Prieta earthquake, shall be applied during the project review and construction phase of buildings and structures in the Redevelopment Project area. Projects shall be designed to avoid structural failure that could result in property damage and loss of life. The design and construction of any buildings and structures shall consider the geotechnical report and the probability of high lateral forces induced by the anticipated ground shaking at the site. Projects shall be designed by qualified design professionals. Site specific geotechnical reports for all buildings and structures in the Redevelopment Project area shall be prepared by a Certified Engineering Geologist. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Director of Building Services shall ensure that all building plans comply with the mitigation measures described in Section b. above prior to the issuance of a Building Permit. RDV\exhibits\finding.TC EXHIBIT A Page 1 of 7 11/18/91 B. Air Quality 1. All Redevelopment Project improvements could result in demolition, excavation, clearing and/or construction activities that temporarily create dust that would be a nuisance for neighboring properties. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: All project sites shall be watered down twice daily to reduce dust. The water shall be non -potable. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Director of Building Services shall require all plans to include the mitigation measure described in Section b. above as a condition of approval and shall require Building and Engineering Inspectors to enforce the mitigation measure as a part of the site inspections. C. Water 1. If any structures are to be placed in the 100-year flood plain, a flooding hazard may exist. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: All structures in the Redevelopment Project Area that are located within the 100-year flood plain must follow all provisions of the Town of Los Gatos Flood Ordinance 1763. RDV\exhibits\finding.TC EXHIBIT A Page 2 of 7 11/18/91 c. The finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Town Engineer shall ensure that all plans comply with the mitigation measure described in Section b. above prior to the issuance of a Building Permit. D. Power and Communications 1. Infrastructure improvements may encounter may encounter buried power and communication lines. Without adequate precautions, disruptions in service could result and, in the case of natural gas, hazards could result. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: Adequate precautions shall be taken to avoid hazards or disruptions of service. c. The finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Director of Building Services shall ensure that the mitigation measure described in Section b. above is incorporated into the infrastructure improvement process. E. Transportation/Circulation 1. Improvements that block streets would result in short-term impacts on traffic and parking would create a nuisance. a. The Town Council finds that as to such significant effect identified above: RDV\exhibits\finding.TC EXHIBIT A Page 3 of 7 11/18/91 Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environment effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: Each individual project, upon submitting an application for an Encroachment Permit, shall submit a diversion plan for traffic. Diversion plans must show all uses of the public right-of-way including parking and equipment, cone and barrier placement and the need for traffic direction personnel. c. The finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Town Engineer shall ensure that the mitigation measure described in Section b. above is required for all projects as a condition of approval prior to the issuance of an Encroachment Permit or Building Permit. F. Cultural Resources 1. Artifacts or historic foundations could be uncovered during excavations. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: In the event that any archaeological resource is discovered at any time during grading, scraping or excavation, all work shall be halted in the vicinity of the find, the Town of Los Gatos shall be notified and an archaeologist shall be contacted immediately. The archaeologist shall determine if the Redevelopment Project improvement may cause damage to an important archaeological resource. An important archaeological resource is one which: 1) is associated with an event or person of significance in California or American history or prehistory; 2) can provide information which is of public interest and use in archeological research questions; 3) has special or particular quality; 4) is at least 100 years old; or 5) involves important research questions RDV\exhibits\finding.TC EXHIBIT A Page 4 of 7 11/18/91 that can be answered only with archaeological methods. This determination must be made by the archaeologist in writing. If the resource is not determined by the archaeologist to be important, a record of this discovery shall be made by the archaeologist and noted in the Los Gatos records. If the resource is important, in -situ preservation is the preferred manner of avoiding damage to resources. If avoidance is not feasible, a mitigation plan shall be prepared by the archaeologist. In the event of discovery or recognition of any human remains, all work at the site and within a radius of 50 meters shall be halted. The County Coroner shall be notified. If the remains are of Native American origin, the designated representative proscribed by the Native American Heritage Commission in Sacramento shall be notified and given an opportunity to express concerns about the project and mitigation of potential disturbance. If any archaeological resources are found as a result of any of these improvements, further details on mitigation as found in Appendix K of the CEQA Guidelines will be followed. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Planning Director shall include all mitigation measures described in Section b. above as conditions of approval for all projects that involve grading activities as conditions of approval. 2. The rehabilitation of residential and commercial properties and construction of new residential units could result in the degradation of the aesthetic environment. a. The Town Council finds that as to such significant effect identified above: RDV\exhibits\finding.TC Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. EXHIBIT A Page 5 of 7 11/18/91 b. The facts supporting such finding are as follows: Rehabilitation shall be done in a manner consistent with Town design standards. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Planning Director shall require all plans to comply with the mitigation measure described in Section b. above prior to the issuance of a Building Permit. G. Noise 1. Some construction equipment used in improvements may temporarily exceed the noise limits set by the Los Gatos Noise Ordinance. Construction noise may also impact sensitive receptors. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: The Town of Los Gatos shall enforce the Noise Element requirement for acoustical analyses and recommendations for reducing noise impacts to an acceptable level within residential areas where noise levels exceed 55 dB. The provisions of the Los Gatos Noise Ordinance shall be followed, including the requirement for exemption permits for equipment that may exceed the noise allowed in the ordinance. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. RDV\exhibits\finding.TC EXHIBIT A Page 6 of 7 11/18/91 d. Monitoring Actions: The Director of Building Services shall ensure that all construction activities comply with the mitigation measures described in Section b. above as part of Building Department code enforcement procedures and as part of the site inspection procedure during construction. H. Human Health 1. Hazardous materials may be encountered in the course of demolition, rehabilitation and/or excavation for Redevelopment Project improvements. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: The Town of Los Gatos shall conduct, or have property owners conduct and submit to the Town, preliminary environmental investigations for hazardous materials prior to any of the following activities being undertaken: 1. Demolition or rehabilitation of structures or buildings, including removal of interior walls. 2. Excavation of the ground for purposes other than clearing, grubbing or staking unimproved ground for the purposes of surface improvements, such improvements to be limited to the upper 12 inches of earth. 3. The environmental investigation shall be performed by certified professionals and contain recommendations for future actions, if necessary. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Director of Building Services shall require the mitigation measure described in Section b. above to be included as a condition of approval prior to the issuance of a Building Permit. RDV\exhibits\finding.TC EXHIBIT A Page 7 of 7 11/18/91 TOWN OF LOS GATOS CALIFORNIA REDEVELOPMENT AGENCY November 18, 1991 Minutes REDEVELOPMENT AGENCY The Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of Town Hall, 110 E. Main St., at 8:06 p.m., Monday, November 18, 1991, in regular session. ROLL CALL Present: Randy Attaway, Joanne Benjamin, Steven Blanton, and Vice Chairman Eric D. Carlson. Absent: Chairman Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance. FINAL ENVIRONMENTAL IMPACT REPORT/CENTRAL LOS GATOS REDEVELOPMENT PROJECT/RESOLUTION 1991-10RD Motion by Mrs. Benjamin, seconded by Mr. Attaway, that the Agency adopt Resolution 1991- 1ORD entitled, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS CERTIFYING THE COMPLETION OF AND MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AND APPROVING A MITIGATION MONITORING PROGRAM, and contains Exhibit "A" which was a desk item at this meeting. Carried by a vote of 4 ayes. Chairman Ventura absent. LOW INCOME HOUSING/ALLOCATION OF TAXES/OUTSIDE PROJECT AREA RESOLUTION 1991-11RD Motion by Mrs. Benjamin, seconded by Mr. Attaway, that the Agency adopt Resolution 1991- 11RD entitled, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS FINDING THAT THE USE OF TAXES ALLOCATED FROM THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT FOR THE PURPOSE OF IMPROVING AND INCREASING THE COMMUNITY'S SUPPLY OF LOW AND MODERATE -INCOME HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT. Carried by a vote of 4 ayes. Chairman Ventura absent. WEST VALLEY -MISSION COMMUNITY COLLEGE DISTRICT/ALLEVIATION OF FINANCIAL BURDEN/AGREEMENT/RESOLUTION 1991-12RD Motion by Mrs. Benjamin, seconded by Mr. Attaway, that the Agency adopt Resolution 1991- 12RD entitled, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING THE AGENCY TO PREPARE, PRESENT AND ENTER INTO AN AGREEMENT TO ALLEVIATE FINANCIAL BURDEN WITH THE WEST VALLEY - MISSION COMMUNITY COLLEGE DISTRICT. Carried by a vote of 3 ayes. Mr. Blanton abstained. Chairman Ventura absent. TC:D2: RA111891 AGENCY RESOLUTION 1991-10RD RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS CERTIFYING THE COMPLETION OF AND MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AND APPROVING A MITIGATION MONITORING PROGRAM WHEREAS, the Redevelopment Agency of the Town of Los Gatos (the "Agency") has prepared and submitted to the Town Council of the Town of Los Gatos (the "Town Council") a proposed Redevelopment Plan (the "Plan") for the Central Los Gatos Redevelopment Project (the "Project") which would establish a redevelopment project area (the "Project Area") to upgrade or build new public improvements and assist private residential and commercial rehabilitation and development within the project area; and WHEREAS, an environmental impact report (the "EIR") on the Plan was prepared by the Agency pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq., hereinafter the "State CEQA Guidelines") and local procedures adopted by the Agency pursuant thereto; and WHEREAS, a Notice of Completion of the Draft EIR was filed with the Office of Planning and Research on June 11, 1991, and a public notice of the availability of the Draft EIR was published in the Los Gatos Weekly -Times, on June 19, 1991; and WHEREAS, copies of the Draft EIR were distributed to the State Clearinghouse and to those public agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and the comments of such persons and agencies were sought; and WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt changes suggested, to incorporate comments received and the Agency's response to said comments, and as so revised and supplemented, a Final EIR was prepared and submitted to the Town Council; and RDV\resos\man itor.ag n WHEREAS, a joint public hearing was held by the Agency and the Town Council on November 12, 1991, on the Plan and the Final EIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto having been heard, and said Final EIR and all comments and responses thereto having been considered; RESOLVED: Section 1. The Agency hereby certifies that the Final EIR for the Plan has been completed in compliance with the California Environmental Quality Act, the State CEQA Guidelines and local procedures adopted by the Agency pursuant thereto, and that the Agency has reviewed and considered the information contained in the Final EIR. Section 2. The Agency has evaluated all comments, written and oral, received from persons who have reviewed the Draft EIR. Section 3. The Agency hereby makes the written findings set forth in Exhibit A, attached hereto and incorporated by reference herein, for each of the significant effects set forth in said Exhibit A, and further approves the statements of facts set forth in said Exhibit A. Based on such findings and statements of facts, the Agency hereby finds that significant environmental effects have been reduced to an acceptable level in that all significant environmental effects have been eliminated or substantially lessened. Based on the foregoing, the Agency finds and determines that the Plan will not have a significant effect upon the environment. Section 4. The Agency hereby approves and adopts as a Mitigation Monitoring Program those monitoring actions set forth in Exhibit A to monitor the changes or alterations that have been required in, or incorporated into, the Project in order to mitigate or substantially lessen those significant environmental effects identified in Exhibit A. Section 5. Upon approval and adoption of the Plan by the Town Council, the Secretary of the Agency is hereby directed to file a Notice of Determination on the Final EIR with the County Clerk of Santa Clara County and the Office of Planning and Research pursuant to the provisions of Section 15094 of the State CEQA Guidelines. RDV\resos\mon itor.agn 2 PASSED AND ADOPTED at a regular meeting of the Redevelopment Agency of the Town of Los Gatos this 18th day of November, 1991, by the following vote: AGENCY MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, and Mayor Eric D. Carlson NAYS: None ABSENT: Brent N. Ventura ABSTAIN: None SIGNED: /s/ Eric D. Carlson CHAIR OF THE REDEVELOPMENT AGENCY LOS GATOS, CALIFORNIA A'I"I'BST: /s/ Marian V. Cosgrove SECRETARY OF THE REDEVELOPMENT AGENCY LOS GATOS, CALIFORNIA RDV\resos\monitor.agn 3 EXHIBIT A DESCRIPTION OF SIGNIFICANT EFFECT: A. Earth (Geology and Soils) Seismicity 1. All buildings and structures either constructed or modified under the Redevelopment Project could be subject to failure from seismic shaking. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: The policies and implementation measures of the Seismic Safety Element, Ordinance No. 1800, Ordinance No. 1811 along with all recent information from the Loma Prieta earthquake, shall be applied during the project review and construction phase of buildings and structures in the Redevelopment Project area. Projects shall be designed to avoid structural failure that could result in property damage and loss of life. The design and construction of any buildings and structures shall consider the geotechnical report and the probability of high lateral forces induced by the anticipated ground shaking at the site. Projects shall be designed by qualified design professionals. Site specific geotechnical reports for all buildings and structures in the Redevelopment Project area shall be prepared by a Certified Engineering Geologist. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: RDV\exhibits\finding.TC The Director of Building Services shall ensure that all building plans comply with the mitigation measures described in Section b. above prior to the issuance of a Building Permit. EXHIBIT A Page 1 of 7 11/18/91 B. Air Quality 1. All Redevelopment Project improvements could result in demolition, excavation, clearing and/or construction activities that temporarily create dust that would be a nuisance for neighboring properties. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: All project sites shall be watered down twice daily to reduce dust. The water shall be non -potable. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Director of Building Services shall require all plans to include the mitigation measure described in Section b. above as a condition of approval and shall require Building and Engineering Inspectors to enforce the mitigation measure as a part of the site inspections. C. Water 1. If any structures are to be placed in the 100-year flood plain, a flooding hazard may exist. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: All structures in the Redevelopment Project Area that are located within the 100-year flood plain must follow all provisions of the Town of Los Gatos Flood Ordinance 1763. RDV\exhibits\finding.TC EXHIBIT A Page 2 of 7 11/18/91 c. The finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Town Engineer shall ensure that all plans comply with the mitigation measure described in Section b. above prior to the issuance of a Building Permit. D. Power and Communications 1. Infrastructure improvements may encounter may encounter buried power and communication lines. Without adequate precautions, disruptions in service could result and, in the case of natural gas, hazards could result. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: Adequate precautions shall be taken to avoid hazards or disruptions of service. c. The finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Director of Building Services shall ensure that the mitigation measure described in Section b. above is incorporated into the infrastructure improvement process. E. Transportation/Circulation 1. Improvements that block streets would result in short-term impacts on traffic and parking would create a nuisance. a. The Town Council finds that as to such significant effect identified above: RDV\exhibits\finding.TC EXHIBIT A Page 3 of 7 11/18/91 Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environment effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: Each individual project, upon submitting an application for an Encroachment Permit, shall submit a diversion plan for traffic. Diversion plans must show all uses of the public right-of-way including parking and equipment, cone and barrier placement and the need for traffic direction personnel. c. The finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Town Engineer shall ensure that the mitigation measure described in Section b. above is required for all projects as a condition of approval prior to the issuance of an Encroachment Permit or Building Permit. F. Cultural Resources 1. Artifacts or historic foundations could be uncovered during excavations. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: In the event that any archaeological resource is discovered at any time during grading, scraping or excavation, all work shall be halted in the vicinity of the find, the Town of Los Gatos shall be notified and an archaeologist shall be contacted immediately. The archaeologist shall determine if the Redevelopment Project improvement may cause damage to an important archaeological resource. An important archaeological resource is one which: 1) is associated with an event or person of significance in California or American history or prehistory; 2) can provide information which is of public interest and use in archeological research questions; 3) has special or particular quality; 4) is at least 100 years old; or 5) involves important research questions RDV\exhibits\finding.TC EXHIBIT A Page 4 of 7 11/18/91 that can be answered only with archaeological methods. This determination must be made by the archaeologist in writing. If the resource is not determined by the archaeologist to be important, a record of this discovery shall be made by the archaeologist and noted in the Los Gatos records. If the resource is important, in -situ preservation is the preferred manner of avoiding damage to resources. If avoidance is not feasible, a mitigation plan shall be prepared by the archaeologist. In the event of discovery or recognition of any human remains, all work at the site and within a radius of 50 meters shall be halted. The County Coroner shall be notified. If the remains are of Native American origin, the designated representative proscribed by the Native American Heritage Commission in Sacramento shall be notified and given an opportunity to express concerns about the project and mitigation of potential disturbance. If any archaeological resources are found as a result of any of these improvements, further details on mitigation as found in Appendix K of the CEQA Guidelines will be followed. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Planning Director shall include all mitigation measures described in Section b. above as conditions of approval for all projects that involve grading activities as conditions of approval. 2. The rehabilitation of residential and commercial properties and construction of new residential units could result in the degradation of the aesthetic environment. a. The Town Council finds that as to such significant effect identified above: RDV\exhibits\finding.TC Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. EXHIBIT A Page 5 of 7 11/18/91 b. The facts supporting such finding are as follows: Rehabilitation shall be done in a manner consistent with Town design standards. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Planning Director shall require all plans to comply with the mitigation measure described in Section b. above prior to the issuance of a Building Permit. G. Noise 1. Some construction equipment used in improvements may temporarily exceed the noise limits set by the Los Gatos Noise Ordinance. Construction noise may also impact sensitive receptors. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: The Town of Los Gatos shall enforce the Noise Element requirement for acoustical analyses and recommendations for reducing noise impacts to an acceptable level within residential areas where noise levels exceed 55 dB. The provisions of the Los Gatos Noise Ordinance shall be followed, including the requirement for exemption permits for equipment that may exceed the noise allowed in the ordinance. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. RDV\exhibits\finding.TC EXHIBIT A Page 6 of 7 11/18/91 d. Monitoring Actions: The Director of Building Services shall ensure that all construction activities comply with the mitigation measures described in Section b. above as part of Building Department code enforcement procedures and as part of the site inspection procedure during construction. H. Human Health 1. Hazardous materials may be encountered in the course of demolition, rehabilitation and/or excavation for Redevelopment Project improvements. a. The Town Council finds that as to such significant effect identified above: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. b. The facts supporting such finding are as follows: The Town of Los Gatos shall conduct, or have property owners conduct and submit to the Town, preliminary environmental investigations for hazardous materials prior to any of the following activities being undertaken: 1. Demolition or rehabilitation of structures or buildings, including removal of interior walls. 2. Excavation of the ground for purposes other than clearing, grubbing or staking unimproved ground for the purposes of surface improvements, such improvements to be limited to the upper 12 inches of earth. 3. The environmental investigation shall be performed by certified professionals and contain recommendations for future actions, if necessary. c. This finding is supported by substantial evidence in the record of the proceedings before the Town Council. d. Monitoring Actions: The Director of Building Services shall require the mitigation measure described in Section b. above to be included as a condition of approval prior to the issuance of a Building Permit. ROV\exhibits\finding.TC EXHIBIT A Page 7 of 7 11/18/91