11 Staff Report - 71 Miles Avenue1/
DATE:
TO:
FROM:
COUNCIL AGENDA REPORT
March 14,2008
MA YOR AND TO\VN COUNCIL
GREG LARSON,TOWN MANAGER
MEETING DATE:3/17/08
ITEM NO:
SUBJECT:CONSIDER AN APPEAL OF A DECISION BY THE PLANNfNG
COMMISSION APPROVfNG A TIME EXTENSION TO CONSTRUCT AND
OPERATE A SKATE PARK ON PROPERTY ZONED RC.A MITIGATED
NEGATIVE DECLARATION HAS PREVIOUSLY BEEN MADE FOR THIS
PROPOSAL.CONDITIONAL USE PERMIT U-07-155 APN 529-05-049.
PROPERTY LOCATION:41 MILES AVENUE PROPERTY
OWNER!APPLICANT:TOWN OF LOS GATOS APPELLANT:JULIE
DfNAPOLI
RECOMMENDATION:
1.Hold the public hearing and receive public testimony.
2.Close the public hearing.
3.Uphold the decision of the Planning Commission and approve the time extension for
Conditional Use Pennit U-07-155.(motion required).
4.Refer to the Town Attorney for preparation of the appropriate resolution.
If the Town Council concurs that the Planning Commission's decision should be reversed or
modified the Council needs to find one or more of the following (motion required):
(I)where there was error or abuse of discretion on the part of the Planning Commission;or
(2)the new infonnation that was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission;or
(3)an issue or policy over which the Commission did not have discretion to modify or
address,but which is vested in the Council for modification or decision.
If the predominant reason for modifying or reversing the decision of the Planning _
Commission is new infonnation as defined in Subsection (2)above,it is the Town's policy
that the application be returned to the Commission for review in light of the new infonnation
unless the new infonnation has a minimal effect on the application.
PREPARED BY:
B\~L
BUDN.LORTZ
DIRECTOR OF COMMtJNITY DEVELOPMENT
N:\DEV\CNCLRPTS\2008\41 miles.doc
Reviewed by:Assistant Town Manager Town Attorney
__Clerk Administrator -4Finance __Community Development
PAGE 2
MA'OR AND TOVlN COUNCIL
SU'ECT:41 Miles Avenue
Me 17,2008
5.Refer to the Town Attorney for preparation of the appropriate resolution.
The Town of Los Gatos is the applicant for the time extension of the Conditional Use Permit.
which is the subject of this appeal.Consequently,the Council has an additional alternative to
withdraw the application.If the Council chooses to withdraw the application,no further action IS
required.This alternative is discussed in greater detail in the conclusion section of this report.
DISCUSSION:
1,Project Summary
The Town is requesting approval of a time extension to the Conditional Use Permit to construct a
skate park on approximately 12,300 square feet of Town property.The site area is
approximately 22,000 square feet and is currently used as a parking lot.The site is located
immediately south of Balzer Field (a baseball field),east of Los Gatos Creek and the Los Gatos
Creek Trail,west of Hwy.17 and north of a Town yard used for landscaping supplies.One
entrance to the park will be at the southwest comer of the site (adjacent to the Los Gatos Creek
Trail)and the second entrance will be at the northeastcorner of the site.The park will be
enclosed by an eight foot high chain link fence.A drop off zone and five parking spaces will be
provided along the eastern park boundary between the northeast entrance and Miles A venue.
The plans provided at this time are schematic and the details of the final design will be
developed during the building pennit process.
The existing parking lot contains approximately 34 spaces.The skate park will contain five
parking spaces,and 21 spaces would be relocated nearby,resulting in a net loss of eight spaces.
There is a minimum of 56 on-street parking spaces along Miles Avenue which the Initial Study
noted was adequate to accommodate the loss of parking spaces at the subject site since the
parking demand was detennined to be less than the available parking supply.
2.Planning Commission
The Planning Commission considered this matter on October 24,2007.The Commission
accepted public testimony,closed the public hearing,and continued the matter to allow the
Commission time to review the environmental documents prepared for the original Conditional
Use Permit in 2004 and to allow staff time to prepare a response to the concerns raised during the
public hearing (Attachment 4).On November 14,2007 the Commission approved the
Conditional Use Pennit time extension (Attachment 6).
3.Appeal
An appeal of the Planning Commission's decision was received on November 19,2007
(Attachment 1).The basis for the appeal is that the Commission erred or abused its discretion in
that "conditions have changed."
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT:41 Miles Avenue
March 17,2008
The most significant issues raised during the public hearing were parking,traffic and noise.
What follows is a summary of the infonnation provided to the Planning Commission prior to its
action.
Parking -Based on the recent parking counts taken and the photographs submitted by the publIc,
staff has detennined that there is no new evidence to document that the existing on and 0 ff street
parking demand along Miles A venue is less than the available parking supply.The subject
parking lot on average is not used to its fullest capacity and 56 on-street parking spaces are still
available to accommodate the net loss of parking spaces.Even if the lot was fully used,as stated
above,there is adequate parking available along Miles A venue.In addition,there have been no
new significant public events that have begun since 2004 and no new retail square footage has
been added in the downtown area.
Traffic -Since the approval of the original application,staff estimates there has been a decrease
in daily trips on Miles A venue.This decrease is due to the reduction of seven full time Town
employees and additional part time employees at the Corporation Yard and the transfer of the
sanitary sewer maintenance function to West Valley Sanitation District whose offices are located
in Campbell.Staff estimates that the average daily trips from the Corporation Yard have been
reduced by eight to 14 trips.
Staff has not identified new evidence to support the conclusion that traffic conditions on Miles
A venue have changed significantly over the past three years.Police Department records also do
not point to a traffic safety issue associated with the location of the skate park and/or Creek Trail
users.
Noise -The Initial Study evaluated noise from the skate park and from skateboarders accessing
the park on Miles and Edelen A venues.The Study detennined that the noise impact would be I
and 1.8 dBA,respectively.The increase is not significant and is not perceptible to most people.
Based on testimony,staff has not identified evidence that demonstrates that noise conditions
have changed significantly over the past three years.
CONCLUSION
No changes are proposed to the project and the plans meet current Town requirements.There is
no new evidence that conditions have changed to invalidate the previous data regarding this
project.
The findings for granting a time extension under Town Code section 29.20.325(b)(Attachment
2)do not limit the discretion of the Planning Commission in deciding whether to grant an
extension,with the single exception where a new application would be legally prohibited,which
is not the case here.The Planning Commission detennined that the physical and legal
circumstances had not changed from the time the original Conditional Use Pennit was approved.
The Commission did not question the policy behind the selection of the Miles A venue site for a
skate park.
PAGE 4
MAYOR AND TO\VN COUNCIL
SUBJECT:41 Miles Avenue
March 17,2008
Council may exercise its discretion in deciding this appeal pursuant to Town Code section
29.20.300,which allows for the modification or reversal of a Planning Commission decision
where:(1)there was an error or abuse of discretion by the Commission;or (2)new information
is brought for the first time to Council;or (3)the decision involves an issue or policy over whIch
the Commission lacks authority to modify or address.
As mentioned in the recommendation section,Council has an additional alternative action
a\ailable which is to withdraw the application for a time extension of the Conditional Use Permit
since the Town is the applicant.Any project applicant has the ability to withdraw their
application at any time.In this instance,if the Council decides that the Town should not pursue
a skate park at 41 Miles A venue at this time,it may vote to withdraw the application.If the
Council decides to withdraw the application,no further action is required and this proceeding
will be concluded.
ENVIRONMENTAL ASSESSMENT:
It has been determined that this project will not have a significant impact on the environment and
a Mitigated Negative Declaration was previously prepared for this proposal.
FISCAL IMP ACT:
The skate park project is included in the FY 2007/08-2011/12 Capital Improvement
Program.Project funding includes $88,470 from the Town (the amount remaining from
$125,000 previously allocated),$100,000 from Monte Sereno state bond funds (subject to an
upcoming deadline to utilize the funds),and the remainder from community donations.To-date,
$14,697.29 has been received in cash donations.
Attachments:
1.Appeal filed on November 19,2007.
2.Required findings.
3.Conditions of approval.
4.Verbatim minute excerpts from the Planning Commission meeting of October 24,2007.
5.Report to the Planning Commission dated October 17,2007 for the meeting of October 24,
2007 (Exhibits A and B deleted and incorporated as Attachments 2 and 3 of this report).
6.Verbatim minute excerpts from the Planning Commission meeting of November 14,2007.
7.Report to the Planning Commission dated November 8,2007 for the meeting of November
14,2007 (Exhibit D deleted and incorporated as Attachment 2 of this report).
8.Photographs and correspondence submitted at the October 24,2007 public hearing (nine
pages).
9.E-mail and letter from Phil Knopf dated March 12,2008 (two pages).
Distribution:
Julie DiNapoli,130 Edelen Avenue,Los Gatos,CA 95030
BNLRTSLBmdc
FlLINGFEES
$286.00 Residential
$1,149.00 pel'Commercial,Multi-
family or Tentath'e Map Appeal
ADDRESS LOCATION:
'I l'
Pursuant to the Town Code,the Town Council may only grant an appeal of a Planning Commission decision in most matters if the L yJ-\
Council tinds that one of three (3)reasons exist for granting the appeal by a vote of a't least three (3)Council members.Therefore,..>:,j;].~
please specify how one of those reasons exist in the appeal:",-.
____________________________:OR ~~0
There is new information that v,as not reasonably available at the time of the Planning Commission decision,"vhich is
The Planning Commission en-ed or abused it~discretion beci;l.use /1 ,.,,j'J ·c..,
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___________________________(please attach the new information if possible):OR
The Planning Commission did not have discretion to modify or address the fonowing policy or issue that is vested in the Town
!,
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Co UIlCil:"7'""':"_
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.iF MORE SPACE IS NEEDED,PLEASE ATTACH ADDITIONAL SHEETS.
iMPORTANT:
1,App~llant is respoJLSible f9.T fees for tr.ansl;ription of minu.tes.A SSOt).OO Mposit is required at the time of HUng.
2.Appeal must be filed within ten (10)calendar days of Planning Commission Decision accompanied by the required filing fee.
Deadline is 5:00 p,m,on the lOth day follo'Wing the decision,lIthe loth day is a Saturday,Sunday,or TovY1l holiday.then 1l
lllay be filed on the workday immediately following the lOtlt day,usually a Monday.
3.The Town (Jerk will set the hearing withing 56 days of the date of the Planning Commission Decision (Town Ordinance No.
lY67)
4.,A.l1 appeal regarding a Change 01 Zoneapp!il.:ation or a subdivision map only mus!be filed within tht:lime limiL specified 111
the Zoning or Subdivision Code,as applicable,which is different from other appeals.
S.Unce flied,the appeal will be heard by the Town Council.
6.If the reason for granting an appeal is the receipt of new information,the applit:ation will usu;,;lly be returned to the Pl::mning
Commission for reconsideration,/)~..,'fl ,./1 ."..",
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PRINT NAME:"-j a l ../t v /L/HP'(J!-j SIGNATURE:Cf d({t.,j j,.J!L:{..£cf/ILfJ.
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DATE OF PUBLIC HEARING:
***OFFICIAL USE ONLY ***
;3 -l"\-'Ob_CONFIR.!'vIATION LETTER SENT:Date _
PtuJiu\;PlaIlH.l.ng Department Cuufirmaliull TO ,':'..PPLIC.l,NT &APPELUJ'iT BY:
DATE TO SEND PUBLICATION:.j-'--'-~_~""-__.:.e:-DATE Of PUBLICATION:
ATTACHMENT 1
REQUIRED FINDINGS FOR:
41 Miles Avenue
Conditional Use Permit U-07-155
Requesting approval of a time extension to construct and operate a skate park on property
zoned RC.A Mitigated Negative Declaration has previously been made for this proposal.
APN 529-05-049.
PROPERTY OWNER!APPLICANT:Town of Los Gatos
FINDINGS
Sec.29.20.325 (b).Time extensions.
Before granting an extension of time the deciding body must find from the evidence:
(l)There would be no legal impediment to granting a new application for the same
approval.
(2)The conditions originally applied or new conditions to be applied as a part of the
extension approval are adopted to any new facts concerning the proposed project.
N:\DEV\FINDINGS\miles41.1.doc
ATTACHMENT 2
CONDITIONS OF APPROVAL
41 Miles Avenue
Conditional Use Permit U-07-155
Requesting approval of a time extension to construct and operate a skate park on property
zoned RC.A Mitigated Negative Declaration has previously been made for this proposal.
APN 529-05-049.
PROPERTY OWNER/APPLICANT:Town of Los Gatos
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1.APPROVAL:This application shall be completed in accordance with all of the
conditions of appro:vallisted below.
2.EXPIRATION:Zoning approval will expire one year from Council's action on this
matter,unless the approval has been vested.
3.MULTI-USE FACILITY.Skateboarders,rollerbladers,and other skate type uses are
permitted.Bicycles will not be permitted.
4.HOURS.Hours of the skate park shall not exceed 9:00 AM to sunset during the summer
and on weekends and holidays.Hours of the skate park shall not exceed 3:00 PM to
sunset during the school session.The skate park shall be locked when the park is closed.
(Building Division)
5.*CULTURAL RESOURCES.In the event that archaeological traces are encountered,all
construction within a 50-meter radius of the find will be halted,the Community
Development Director will be notified,and an archaeologist will be retained to examine
the find and make appropriate recommendations.
6.*REMAINS.If human remains are discovered,the Santa Clara County Coroner will be
notified.The Coroner will determine whether or not the remains are Native American.If
the Coroner determines that the remains are not subject to his authority,he will notify the
Native American Heritage Commission,who will attempt to identify descendants of the
deceased Native Americans.
7.*REPORT.If the Community Development Director finds that the archaeological find is
not a significant resource,work will resume only after the submittal of a preliminary
archaeological report and after provisions for reburial and ongoing monitoring are
accepted.Provisions for identifying descendants of a deceased Native American and for
reburial will follow the protocol set forth in Appendix K of the CEQA Guidelines.If the
site is found to be a significant archaeological site,a mitigation program will be prepared
and submitted to the Community Development Director for consideration and approval,
in conformance with the protocol set forth in Section 15064.5 of the CEQA Guidelines.
8.*FINAL REPORT.A final report will be prepared when a find is determined to be a
significant archaeological site,and/or when Native American remains are found on the
site.The final report will include background information on the completed work,a
ATTACHMENT 3
description and list of identified resources,the disposition and curation of these
resources,any testing,other recovered information,and conclusions.
9.PERMITS REQUIRED:A building permit shall be required for the construction of the
future Skateboard Park.Separate permits are required for site retaining walls,electrical,
mechanical,and plumbing permits as necessary.
10.CONDITIONS OF APPROVAL:The Conditions of Approval must be blue-lined in full
on the cover sheet of the construction plans.
11.SIZE OF PLANS:Four sets of construction plans,maximum size 24"x 36."
12.SOILS REPORT:A soils report,prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations,may be required to be
submitted with the building permit application.This report shall be prepared by a
licensed civil engineer specializing in soils mechanics.ALTERNATE:Design the
foundation for an allowable soils 1,000 psf design pressure.(Uniform Building Code
Volume 2 -Section 1805)
13.FOUNDATION INSPECTIONS:A pad certificate prepared by a licensed civil engineer
or land surveyor may be required to be submitted to the project building inspector at
foundation inspection.This certificate shall certify compliance with the
recommendations as specified in the soils report;and,the building pad elevation,on-site
retaining wall locations and elevations are prepared according to approved plans.
Horizontal and vertical controls shall be set and certified by a licensed surveyor or
registered civil engineer for the following items:
a.Building pad elevation
b.Finish floor elevation
c.Foundation comer locations
14.TITLE 24 -COMMERCIAL:For any proposed tenant improvements,on-site general
path of travel shall comply with the latest California Title 24 Accessibility Standards.
Work shall include,but not be limited to,accessibility to building entrances from parking
facilities and sidewalks.
15.SPECIAL INSPECTIONS:When a special inspection is required by UBC Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
The Town Special Inspection form must be completely filled-out,signed by all requested
parties and be blue-lined on the construction plans.Special Inspection forms are
available from the Building Division Service Counter or online at www.losgatosca.gov.
16.NONPOINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program shall be part of the plan submittal as
the second page.The specification sheet is available at the Building Division Service
Counter.
17.APPROVALS REQUIRED:The project requires the following agencies approval before
issuing a building permit:
a.Community Development:Sandy Baily at (408)354-6873
b.Engineering Department:Fletcher Parsons at 395-3460
c.Parks &Public Works Department:(408)399-5777
d.Santa Clara County Fire Department:(408)378-4010
e.Santa ClaraValley Water District
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Di vision)
18.PARKING.Parking access shall be reconfigured to be from the site.No backup
movements into Miles Avenue will be allowed.
19.RETAINING WALLS.A building pennit,issued by the Building Department at 110 E.
Main Street,may be required for site retaining walls.Walls are not reviewed or approved
by the Engineering Division of Parks and Public Works during the grading pennit plan
review process.
20.GENERAL.All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications.All work shall confonn
to the applicable Town ordinances.The adjacent public right-of-way shall be kept clear
of all job related dirt and debris at the end of the day.Dirt and debris shall not be washed
into stonn drainage facilities.The storing of goods and materials on the sidewalk and/or
the street will not be allowed unless a special pennit is issued.The developer's
representative in charge shall be at the job site during all working hours.Failure to
maintain the public right-of-way according to this condition may result in the Town
perfonning the required maintenance at the developer's expense.
21.PUBLIC WORKS INSPECTIONS.The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24)hours before starting an work pertaining
to on-site drainage facilities,grading or paving,and all work in the Town's right-of-way.
Failure to do so will result in rejection ow work that went on without inspection.
22.EROSION CONTROL.Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks &Public Works Department.A
Notice ofIntent (NOI)and Stonn Water Pollution Prevention Plan (SWPPP)shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one acre.A maximum of two weeks is allowed between clearing of
an area and stabilizing/building on an area if grading is allowed during the rainy season.
Interim erosion control measures,to be carried out during construction and before
installation of the final landscaping shall be included.Interim erosion control method
shall include,but are not limited to:silt fences,fiber rolls (with locations and details),
erosion control blankets,Town standard seeding specification,filter benns,check dams,
retention basins,etc.Provide erosion control measures as needed to protect downstream
water quality during winter months.The grading,drainage,erosion control plans and
SWPPP shall be in compliance with applicable measures contained in the amended
provisions C.3 and C.14 of Order 01-024 of the amended Santa Clara County NPDES
Pennit.
23.CONSTRUCTION STREET PARKING.No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000)pounds shall be allowed on the portion of
a street which abuts property in a residential zone without prior approval from the Town
Engineer (§15.40.070).
24.SITE DRAINAGE.Rainwater leaders shall be discharged to splash blocks.No through
curb drains will be allowed.
25.STORM WATER MANAGEMENT PLAN.A stonn water management shall be
included with the grading pennit application for all Group 1 and Group 2 projects as
defined in the amended provisions C.3 C.3.d.of Order No.R2-2005-0035 of the amended
Santa Clara County NPDES Pennit No.CAS029718.The plan shall delineate source
control measures and BMP's together with the sizing calculations.The plan shall be
certified by a professional pre-qualified by the Town.
26.SILT AND MUD IN PUBLIC RIGHT -OF-WAY.It is the responsibility of contractor
and home owner to make sure that all dirt tracked into the public right-of-way is cleaned
up on a daily basis.Mud,silt,concrete and other construction debris SHALL NOT be
washed into the Town's stonn drains.
27.RESTORATION OF PUBUC IMPROVEMENTS.The developer shall repalr or
replace all existing improvements not designated for removal that are damaged or
removed because of developer's operations.Improvements such as,but not
limited to:curbs,gutters,sidewalks,driveways,signs,pavements,raised
pavement markers,thennoplastic pavement markings,etc.shall be repaired and
replaced to a condition equal to or better than the original condition.Existing
improvement to be repaired or replaced shall be at the direction of the
Engineering Construction Inspector,and shall comply with all Title 24 Disabled
Access provisions.Developer shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing
conditions.
28.CONSTRUCTION NOISE.Between the hours of8:00 a.m.to 8:00 p.m.,
weekdays and 9:00 a.m.to 7:00 p.m.weekends and holidays,construction,
alteration or repair activities shall be allowed.No individual piece of equipment
shall produce a noise level exceeding eighty-five (85)dBA at twenty-five (25)
feet.If the device is located within a structure on the property,the measurement
shall be made at distances as close to twenty-five (25)feet from the device as
possible.The noise level at any point outside of the property plane shall not
exceed eighty-five (85)dBA.
(Parks and Forestry Division)
29.F ACIUTY.The facility shall be owned and operated by the Town or its
designee.
30.*NOISE.The project contractor should be given the playing field schedule and
should try to avoid operation of heavy equipment during the hours when baseball
games are scheduled at this field whenever possible.
31.NOISE LEVELS.Noise levels shall be monitored on site,on Miles Avenue,and
on Edelen A venue related to skateboarders and skate park users.Measures to
reduce noise levels shall be implemented ifnoise levels exceed the Town's noise
ordinance.
32.SAFETY MEASURES.Town staff shall explore and implement as appropriate,
methods to provide safety for skaters and users of the park who access the facility
from Miles A venue and the Los Gatos Creek Trail.
33.NEIGHBORHOOD MEETING.Staff shall organize a neighborhood meeting
within one year of the opening of the skate park to detennine whether operational
aspects of the skate park should be adjusted or new measures should be
implemented to address neighborhood concerns.
34.*PROTECTIVE FENCING.Trees to be retained shall be protected with fencing
that is placed as far from the trunks as possible.
35.*ROOT ZONE.No construction vehicle traffic,foot traffic,paint solvent,or
construction materials shall be allowed in the root zone.
36.*TRENCHES.Utility trenches within driplines shall be dug by hand.
37.*DRAINAGE.Drainage patterns shall not be changed around existing trees to be
retained such that the heaHh of the trees would not be adversely affected;water
will not be allowed to pond under tree canopies.
38.*PRUNING.All pruning of existing trees shall be performed by a certified
arborist and approved by the Town Parks and Public Works Department prior to
work.
39.*GRADES.Grades shall not be changed around existing trees such that the
health of the trees would be adversely affected.
*Required Mitigation Measures
N:\DEV\CONDITNS\2007\miles41.doc
Los Gatos Planning
Cormnissioners:
A P PEA RAN C E S:
Joanne Talesfore,Chair
John Bourgeois
Michael Kane
Phil Micciche
Tom O'Donnell
Steve Rice
Marico Sayoc
PRO C E E DIN G S:
CHAIR TALESFORE:This is a new public hearing
and this is at 41 Miles Avenue.It's a Conditional Use
Assistant Director of
Community Development:
Town Attorney:
Randy Tsuda
Orry Korb
permit,U-07-155.Requesting approval of a time extension
to construct and operate a skatepark on property zoned RC.
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Transcribed by:vicki L.Blandin
(510)337-1558 10
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A Mitigated Negative Declaration has previously been made
for this proposal,APN 529-05-049.Property Owner/Applicant
is the Town of Los Gatos.And with that I'll have...is it Mr.
Tsuda?Mr.Korb?Who is going to open?Mr.Korb.
ORRY KORB:Thank you,Madam Chair.As you know,
the application before you today is to extend a previously
approved Conditional Use Permit.This permit has been
extended once previously.The Code section under which you
operate with regard to this application is 29.20.325.
subsections (a)and (b)of.that section both address time
extensions.The discussion really is limited at this point
to the question of whether to extend a permit that has
already been approved for this project.
The first of the two findings that are required
23
I
-I:'
23
24
25
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
1
are that there would be no legal impediment to granting a
24 I new application for the same approval.I think that language
25
LOS GATOS PLANNING COMMISSION 10/2412007
Item #2,41 Miles Avenue
2
speaks for itself and you can refer to the Staff Report in
that regard.
The second finding concerns conditions originally
applied or new conditions applied as part of the extension
approval-it says 'are adopted,'I think are adapted-to any
new facts concerning the proposed project.The language of
the Staff Report indicates that there are no new facts
concerning the proposed project,at least the physical
elements of the proposed project.
So once again,your decision tonight is
10
limited to the sole question of extending the permit,not to
11
a discussion regarding the merits of a skatepark.Speakers
12
should.keep that in mind in making their comments,and I'm
13
sure the Chair would ask that those comments again be
December 8,2007 unless a time extension is approved,which
would extend the expiration date for one year.
The hours of operation will be during daylight
hours seven days a week.The park will be enclosed by an 8'
high chain link fence.
At this time it is anticipated that skateboarders
and inline skaters would be allowed to use Lhe park and BMX
cyclists would be prohibited.
It is anticipated thaL the maximum usage of Lhe
park would be approximately 30-40 skaters at any given time
10
during the first year,gradually decreasing to an average
11
usage of approximately 10-20 skaters there after.
12
The existing parking lot contains 34 spaces.The
13 skatepark will contain five parking spaces and a drop-off
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16
17
limited to the question of extending the permit rather than
the merits of the park,which again has already been
approved on that site.
CHAIR TALESFORE:Thank you,Mr.Korb.Mr.Tsuda,
14
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zone.There will be a net loss of 29 off-street parking
spaces.Parking studies were conducted to determine the
existing parking demand along Miles Avenue.
The first study was conducted for the original
18 Idid you have anything to add?Okay,Miss Baily.18 lapp1ication between the period of March 16-24,2004.Of the
19 SANDY BAILY:As Mr.Korb stated this is a request 19 134 parking spaces available in the parking 10L,0-16 spaces
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to approve a time extension to a Conditional Use Permit to
construct a skatepark on approximately 12,300 square feet of
Town property which is currently used as a parking lot.The
site is located on Miles Avenue immediately south of the
Bowser Baseball Field.The application will expire on
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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were occupied during this period.Of the 29 parking spaces
available in the Engineering Division parking lot,3-15
spaces were occupied during this period.
Additional parking studies were recenLly conducLed
this year beLween August 6-10,August 13-17,and October 9
12.Of the 34 parking spaces available in the parking 10L,
LOS GATOS PLANN1NG CO~1ISSION 10/24/2007
Item #2,41 Miles Avenue
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Based on the survey results,the parking demand on
1-9 spaces were occupied during the August survey,and 3-7
spaces were occupied during the October survey.Of the 29
spaces available in the engineering division parking lot,1-
believe to ferry people back and forth to the shopping area
filled,or necessary?Do we know?And are they still doing
from that parking lot.During that time was that parking lot
COMMISSIONER MICCICHE:During the etlristmas
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been used with transportation that the Town provided I
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season,the holiday season,shopping season,that lot had
and 13-1720spaceswereoccupiedduringtheAugustsurvey,
spaces were occupied during the October survey.
Miles Avenue was determined to be low and that the on-and
off-street parking demand is less than the existing
available parking supply.Therefore it was determined that
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that?I mean I guess that's my question.
RANDY TSUDA:The Interim Manager is indicating we
no longer do that,and we have substituted valet parking in
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with the loss of the 29 parking spaces there will be an
adequate supply of parking spaces within the remaining Town
lots on Miles Avenue.In addition,there are approximately
56 on-street parking spaces available on Miles Avenue if
there is a usually high demand for parking.
Pamela Jacobs,the Interim Town Manager is here
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Lot #4 for chat service.
COMMISSIONER MICCICHE:For that?Okay,thank you.
CHAIR TALESFORE:Would you identify where Lot #4
is?Do we know?
COMMISSIONER MICCICHE:It's between #5 and #3.
CHAIR TALESFORE:Thank you.
CHAIR TALESFORE:Thank you.They're not legal,so
University and Santa Cruz Avenue.
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tonight to assist also in answering any questions you may
have about the skatepark.
CHAIR TALESFORE:Okay,thank you very much.I was
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ORRY KORB:It's the parking structure between
18 Igoing to get there.commissioner Micciche.
20 I tonight.
18 II don't know that.All right,thank you.Commissioners,any
19 lother questions at this time?All right.I have 31 speaker
20 Icards,and so I'm going to call you up five at a time if you
21 would come over to this side of the Council chambers and be
What I'd like to remind you is that this decision
that we're going to be making tonight is about the extension
ready,and we'll start with Citizen Ray first.
of a previously approved Conditional Use Permit,and so if
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CHAIR TALESFORE:No motion.
COMMISSIONER RICE:Should we vote on that?
CHAIR TALESFORE:I have not.That's not true and
COMMISSIONER MICCICHE:You've been ignoring me
that should not be reflected in the minutes.Thank you.
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LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
you could address your comments to that extension and not to board;he must have been going 10-15 miles an hour.Not
the merits of skateboarding or the demerits of 2 Iwalking,flying across that crosswalk,and he's right smack
skateboarding,but basically to what we're here for,which in front of me and I'm heading right onto him at 25-30 miles
is a time extension.an hour.Whoo!Thank God I still have some reflexes.I hit
RAY DAVIS:Yeah,that's the real Joe Kapp right those brakes,and only because I hit the brakes in time is
there.(Audience applause.)Yeah.All right.The bear will he not in the hospital or worse.
never die.The bear will never quit.7
So I'm here tonight to argue you need to extend
CHAIR TALESFORE:Okay.this time and do everything possible to make this skateboard
RAY DAVIS:That's why I come to public meetings.park a reality,because it's such chump change for the City
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Gatos.
You never know who's going to be here.Wonderful in Los left to finance.Chump change.This City has $70 million in
interest.It is a slush fund,uncommitted.And the amount of
money left to do the skateboard park is so minimal it is not
reserve that pulls in annually $3.5 to $4 million in
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But I want to tell you,the comments by the so-
called City Attorney have got my goat.Since when in America
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13 do we go to a pUblic meeting and have a city attorney tell
13 to be believed.So I ask you to vote for the kids,put the
14 us what to think and what to say?I can't believe it.Cannot
14 kids first,and the community first,and lets quit messing
15 ieve it.They ought to fire that guy right on the spot.15 around with nonsense.Thank you.Everybody agree?
16 Any American.Idiot.16 (Applause breaks out from audience.)
17 Back to the issue at hand,the kids.I want to 17 CHAIR TALESFORE:Excuse me.I'm going to have to
18 Itell you what happened to me.One of the main reasons I'm 18 lask the audience that we do require that when you are here
19 Ihere tonight is what happened to me in front of Los Gatos 19 I that we maintain some decorum,and I know your enthusiasm
20 IHigh about two weeks ago.20 Isometimes overtakes you,but if you could just contain
21 I'm approaching the middle crosswalk where the 21 Iyourself.We don't appreciate applause at this time,so
22 kids all come across.On my left I see a movement;it's a 22 thank you.It helps us get through the meetings.vice-
serve the Town as Vice-chair,and I want to support the
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kid on a skateboard.I said well he's way over there in the
street,not a worry,so I proceed ahead to cross the
crosswalk.All of a sudden this kid comes flying down on his
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chairman Kane.
COMMISSIONER KANE:I serve the Commission,I
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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Chair by reit.erat.ing what.was said.Anyone can say anything
they want to when the mike is open you speak to the subject
before us.What the Chair has said,what the Town Attorney
has said,is that the corridor on this question is so narrow
we'd have trouble,any of us,getting down it.It'S very,
very black and white,very,very narrowly defined that there
are legal impediments to granting this extension or not.
It's not the pros and cons on the park,it's just whether or
not we give it another year,and the Town Attorney and the
Staff Report have commented that the first extension is not
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inappropriate,the second extension is not inappropriate.
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It's a very narrow corridor.It's a very simple black and
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white question.I just wanted to repeat what the Chair said.
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It's not that we don't want to hear,it's that the only
I don't really know exactly,because this has been
kind of brought to my attention recently,I've read
something recently by a guy named Jason Lustig I believe was
his name,and he made this mention about how a skateboard
park in this part of town is going to be kind of rough
because most skaters...
Skateboarding is a thing of the street,that's
what skateboarding is all about,and I don't know if I'm
getting off topic or not,but basically what it is is I've
had a lot of familiarity with that part of Town over off
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Edelen Drive and whatever that main street is,I can't
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remember.But over at Balzer Park,that's like a real
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hardcore parking spot;a lot of people park there.
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I'm really all for the skatepark,there's nothing
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thing before us tonight is so tiny and this is not a great
matter of consequence per se.
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wrong with it to me,but I guess I feel like maybe it should
be at another location,because I've had to park in that
16 CHAIR TALESFORE:Thank you.I'm going to call the 16 neighborhood a lot and I've gotten a lot of tickets parking
17 next several names,and if you would just move over to your 17 on those streets and then going down the street.That's my
18 Iright side of the room.That would be Brian Burris,followed
19 Iby Aaron Bean,followed by Phil Knopf,followed by Rick
20 IDiNapoli,and followed by Judy Holcomb.And the first
21 Ispeaker up would be Brain Burris.
18 lonly place to park and due to certain familiarities with
19 Ithat it makes it hard.
20 I So I don't know if I'm getting off topic or not,
21 Ibut if it has to do with skateboarding at Balzer Park,I
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BRIAN BURRIS:Hello,I'm Brian.I've kind of been
born and raised in Los Gatos.I'm a professional
22 Ithink maybe it should be extended.I don't know,I guess I'm
kind of off topic.
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skateboarder.I've been skating for about nine years now;
I've been pro for about three.
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CHAIR TALESFORE:
Commissioner Micciche.
It's all right.Any questions?
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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COMMISSIONER MICCICHE:As a skateboarder,if you
were going to the park to skateboard,would you race across
the crosswalks still?
BRIAN BURRIS:No,but going down that street it's
a very,very steep hill.Going down that hill you're going
to create a lot of accidents.There's going to be a lot of
we call a power slide.So you just jam your board sideways
and all four wheels don't turn the way that they're supposed
to turn,so like I said,if you're trying to go down that
hill to stop,there's a good chance you're going to slip out
and hurt yourself if you're not professional or if you're
not skilled enough to do that.
people,especially bikers,because that's a big main way for
park for the bike riders,you know what I mean?
COMMISSIONER MICCICHE:Mmm-hmm.
BRIAN BURRIS:And for the most part it could
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create a lot of little problems just due to people going
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down that street,skaters just jetting down the hill to get
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to the park.I think Vasona I guess is a part of the county
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or something like that,but if it was someplace like that,a
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CHAIR TALESFORE:And is that a skill the way you
just described this stop?I don't know if it has a name.
BRIAN BURRIS:Yeah,all skaters know what it is.
It's called a power slide.
CHAIR TALESFORE:So is that something that all
skaters learn?
BRIAN BURRIS:In the long run,yes.But from the
get go it takes a long time for a skater to learn that sort
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bigger area,you know,a different location,in my opinion I
just think maybe like you're saying,it wouldn't hit people
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stuff.
CHAIR TALESFORE:Okay,thank you.That was my
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who were going across the crosswalk.
COMMISSIONER MICCICHE:Thank you.
question.Thank you.Any other questions?No.Thank you.
17 IAaron Bean.
18 CHAIR TALESFORE:I have a question.You're a 18 AARON BEAN:Hi there.Good evening.I'll try to
19 Iprofessional.If you were to come down that hill,how do you
20 Istop?And what happens to your board?
19 Ibe brief and I'll try to save some of these comments for the
20 ITown Council meeting since they're not necessarily
21 BRIAN BURRIS:All the wheels now,they're all 21 ,appropriate to tonight's agenda.My name is Aaron Bean.I
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made of polyurethane;they're not made of clay,they're not
made of steel anymore,and some are even made of other
materials which I don't even know what they're called.But
when you go down the hill usually you have to stop with what
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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live at 354 Johnson Avenue in Los Gatos,which is now
effectively currently part of the Los Gatos Skatepark by
going down the street at a high rate of speed.
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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The bottom line is the Town needs a skatepark.
We've got the funds to do it.We've got a great location to
put it in.Although I can appreciate the previous speaker's
comments,the location is really excellent.You can get to
that park of Town via the Creek Trail and a handful of
surface streets that are low impact.The bottom line is just
the Town was to provide the land and the skateboard
community was to rai.se t.he private funds for,the
construction.Last year an extension was granted to the
4 Iskateboard community to continue to raise private funds to
complete the project.Now the skateboard community wants an
extension to get the Town to provide funds for the
what Mr.Korb said,we need to give this thing a little more
time,it needs to develop.
I've been skateboarding myself for about 25 years
and I would use the park myself,and my kids certainly would
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as well.You know,it's not about whether to build it or
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not,we won't get into that,it's about whether we need to
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give this things some more time to develop.I think we
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should.I believe the decision is not even to be made
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construction of the skateboard park.I feel this is a change
in the Conditional Use Permit with funding going from
private to public.
Also,when the parking element was addressed and
the survey done that was three years ago.Since then the
parking conditions have changed greatly.Many times on
weekends and during the summer the lot is full.I feel the
parking element needs to be reevaluated.
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whether or not we should the location;it's simply to
continue what we've already decided we shall continue.
Last but not least,we've had a lot of talk about
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For these reasons I feel the request for an
extension of the Conditional Use Permit be denied.Thank
you.
17 used sports facilities.You know,we don't have a lot of 17 CHAIR TALESFORE:Okay,thank you very much.
18 lacreage in Los Gatos.We do have the ability to put this
19 linto effect.Let's give it a chance to come to frUition.
18 I Commissioners ,questions?None.Rick DiNapoli,followed by
19 IJudy Holcomb.
20 I Thank you.20 RICK DINAPOLI:Good evening,my name is Rick
21 CHAIR TALESFORE:Okay,thank you very much.All 21 IDiNapoli and I'm here to request that you deny the extension
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right,Phil Knopf.
PHIL KNOPF:Thank you,Madam Chair and members of
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of the Conditional Use Permit based upon a change of
conditions that have changed significantly since the initial
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the Co®nission.My name is Phil Knopf,East Vineland Avenue.
Three years ago when the Conditional Use Permit was issued
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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use permit was issued in 2002.Most significantly it's been
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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the expansion of the Town Corporate Yard with heavy vehicles
traveling up Miles Avenue.
Placing a skatepark at the foot of a hill while at
the same time increasing the city traffic and trucks going
up that hill is to put it politely,troubling,and the
results can be catastrophic.For those who may dismiss this
possibility,I'd like to show you that it does happen.They
do skate down that hill and they do encounter vehicles.
I'd also like to point your attention to an
article in the San Jose Mercury News dated August 28,2007,
on a report of a 13-year old boy skating down a steep hill
in San Leandro and was killed.That hill,16S u Street,is
the top.From the top down,bottom up.Here's Miles Avenue,
top down,bottom up.Not a lot of difference.At a minimum
this Commission should immediately put in no skateboarding
down Miles Avenue,and I'd prefer Edelen as well.
Your parking report is completely deficient.
You've got a parking report that basically is during the
workday when this is an overflow lot.Had they gone out
after S:OO o'clock after the report,they would have seen a
little different parking lot,completely filled with people
attending baseball games.
In addition,I'd like to offer other dates where
the parking lot is used.Each one of these is off-hours,and
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that's as many samples as were contained within your
deficient parking report.
I'm told,and I hope it's not true,that the
Planning Commission at the initial approval determined it
could not take into account the safety of the access road.
Safety is the primary issue and there's no way to mitigate
that issue,except to do what Dennis Byron asked me to do in
June after I'd stood here in the Council meeting,and that
was to call him,to meet with him,to help him find an
alternate location.I've called.I'm ready to meet,Dennis.
You just have to return my call.Thank you.
CHAIR TALESFORE:Okay,thank you very much.
Questions,Commissioners?None.Thank you very much.Judy
Holcomb,and then the next group of speakers would be Lynn
Kennedy,Timothy J.Murphy,Stan Iversen,Pamela Murphy,and
Lois Anderson.
JUDY HOLCOMB:My name is Judy Holcomb and I live
at 210 Edelen Avenue.I am not in favor of the park as some
of the people have talked about before.
I teach in Los Gatos and I'm definitely for kids,
definitely want a skateboard park somewhere in Los Gatos,
but not at the foot of Miles Avenue for the safety reasons
that other people have already talked about.I'm just
keeping it brief,but that's my feeling.Thank you.
24 for those of you who may say oh,there's only 12 there,24 CHAIR TALESFORE:This was about the extension,
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LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
IS
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not in favor of the skateboard park.Just a r6ninder.
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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JUDY HOLCOMB:Right.I'm supporting what Mr.
DiNapoli has said.
CHAIR TALESFORE:All right.Thank you.Okay,Stan
Iversen.
STAN IVERSEN:Madam Chair,members of the
Conunission,my name is Stan Iversen.My wife Linda and I
reside on Edelen Avenue.We're opposed to the location of
the skateboard park on the Miles Avenue parking lot site.We
also contend that the parking study was flawed.It didn't
consider the use of that parking lot during peak periods
such as during Jazz on the plazz,and certainly I don't
think it evaluated correctly the holiday use when shoppers
take the shuttle bus from the parking lot to patronize
downtown business.
There are other aspects that have been mentioned,
and that is that the Town has extended the use of the
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CHAIR TALESFORE:Okay,thank you.Pamela Murphy.
Oh,I'm sorry,was it Lynn Kennedy?No,that's right.
PAMELA MURPHY:I'm Pamela Murphy.I live at 129
Edelen Avenue,on the corner of Miles and Edelen.
I have to tell you how much the conditions have
changed since you have approved the skateboard park.We see
a major truck volume,back and forth,up and down that
street.We see skateboarders in and out of our street.Just
the anticipation of the skateboard park has increased the
skateboarders and it is the scariest situation that you've
ever seen in your life.The skateboarder told you earlier
that you have to put on your full brakes to even stop that
skateboard.You are asking for a tragedy if you continue
with this CUP.Thank you.
CHAIR TALESFORE:Thank you very mUCh.Lois
Anderson.
16 Corporation Yard,which has added traffic,it's added a lot 16 LOIS ANDERSON:Good evening,my name is Lois
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of very heavy truck traffic,and also there have been
extended uses for Old Town's use permit,at least on two
different occasions,which have added danand for that
parking.The use for the Creek Trail hikers and bikers has
increased and I think that we should deny this permission to
extend the use permit and I think the use of the Miles
Avenue parking lot,its highest and best use is to remain as
a parking lot.Thank you.
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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Anderson.I've lived on university Avenue for the past 30
years.I have two grown daughters.I've been very involved
in the community and athletics,and they've even
skateboarded a little bit at times when they had time for
it,but I guess I also want to deny the use of the
extension.The parking bothers me.The danger.The noise.
Everything.So I guess I'm getting off,but I'm in agreement
with them.I'm hoping that we don't extend it.So thank you
very much.
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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CHAIR TALESFORE:Okay,thank you.Questions,
Corrunissioners?All right.Now Lynn Kennedy.
LYNN KENNEDY:Thank you.I'm Lynn Kennedy.I live
on University Avenue,and I request that you refrain from
extending the CUP for the park.I'll reiterate a couple of
reasons I've heard.
The skatepark is not a suitable use for the
property on Miles Avenue.The lot is a natural amphitheater
in close proximity to a history residential neighborhood.
The decibel level of skateboarding may not exceed maximum
sound levels,but the quality of the noise by the park will
be a significant nuisance to the neighbors and detrimental
to property values.The noise will sweep up the hillside
into decks,into yards and homes,making it difficult to
socialize or concentrate.I lived next to an abandoned
school taken over by skateboarders and know firsthand the
scraping,grating sound of incessant boarding wears quickly
on the nerves.Think of fingernails on a chalkboard over and
over and over again.
Also access to the park from the Los Gatos Creek
Trail will increase congestion on a narrow portion of the
trail that already requires weaving in and out of gates and
crossing Miles Avenue.I often observe families with
strollers and kids on bikes and trikes and scooters having
trouble negotiating this area.It would be dangerous to add
a crush of people at the skatepark entrance to the growing
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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mix of trail users,and such congestion could discourage
trail users from recreation.
Brad,I believe it was,mentioned the steep hill
down Miles before and including the Creek Trail crossing.I
completely agree with the dangers.I've been biking to the
trail when I was passed by two skateboarders having a race
going down the hill.Fortunately I can control my bike and
nothing happened,but it certainly could have.
The current use of the property as a parking lot
is appropriate and necessary.I echo Mr.DiNapoli's thoughts
and I'll pass around some photos too.We had the same idea,
I guess.When I use the trail to go shopping and run
errands,I usually see that lot quite full.This Sunday
there were 25 cars parked,which is shown in my pictures.
The studies from up to 3:00 o'clock make no sense for this.
Similarly,speaking of 3:00 o'clock,school lets out around
then.It's the time that the trucks come back from the day
of work,school lets out,and the kids are going to be going
there,and I have to agree with the folks there that say
that this is a bad recipe.
A skatepark needs to be located in a non-
residential area and in an area with safe ingress illld egress
and free of attractive nuisances.The Miles lot does not
meet these criteria,and the loss of the trailhead and
overflow parking cannot be easily mitigated.The parking lot
in question is nicely paved and well lit.It's safe and it's
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
20
convenient.The street parking is too far away and it's dark
and it's unsafe to unload your car.Thank you.
CHAIR TALESFORE,Thank you very much,and could
the minutes please reflect that we were handed photographs
from the speaker?Thank you.Okay,Michael Calise,and while
time and effort of all involved,and we should kill this in
its tracks before we kill something else.Thank you.
CHAIR TALESFORE:Christine currie.
CHRISTINE CURRIE:Good evening,Madam Chair and
Commissioners.My name is Christine Currie.I reside at 117
veazie,and Karen Deloumi.
18 Iyou b10W,there's this debate about,with due respect to
19 Isome opinion,that skateboarding needs a safe place to
he's coming to the mike,would the next set of speakers
The other thing I wanted to bring up to you was
that the conditions originally applied or new conditions to
be applied as part of the extension cannot have changes to
the Town Code of Los Gatos,and that reads on Subsection (2)
Section 29.20.325,also part of our Municipal Code,which is
there's a spot here somewhere in our lovely community for
right across the street t.Lom the proposed spot,I'm going to
tonight is the Town Code of Los Gatos,the Municipal Code
safety or changes to the impediment of granting a new
say just please,please,please deny this,because I think
and those multi-axle truckS coming out of the public works
health,welfare,and safety.Now I can tell you,I've had my
application.So basically in legalize,and I'm just a mom,
Section 19.30.020,Subheading 1,refers to the public
kids down this hill,and I don't care how much Mommy's
screaming and please don't do it,they're going to do it,
to do nothing but get on that crazy skateboard and go as
fast as they can.But what I want to talk to you about
I have two short guys,five and seven.They love
Broadway.
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So I would like to make the statement that it is
that enough is enough,folks.
MICHAEL CALISE:Hi,my name is Mike Calise.I
The funding momentum for this private sector has
literally nowhere.We're all wasting our time here.There's
live with my family,Donna,my wife,and my two children,
nine and six years old daughters who skateboard.I live on
extreme sport and a means of local transportation,and one
ludicrous to continue,to waste taxpayer money,to waste the
I would like to suggest that skateboarding is both an
247 Edelen Avenue and I would like to go on record saying
happen.That's confusion and blindness behind that argument.
been anemic to get this approved.The extension has gone
does not obviate the other,and we need to consider that.
a clear sign in the community that does want this to occur.
That would be Christine Currie,Kelly Dougherty,Elizabeth
please come over to this part of the room and get ready?
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LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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so I'm going to guess that that means anything that is
safety related that is a change in the venue or the change
of the wording,then it needs to be maybe a brand new
application.So just wanted to give you that as my sort of
top of the mind mommy awareness.
And then I'd like to just add one tiny thing
that's kind of still on the same page,and that's the
CHAIR TALESFORE:Thank you very much.Okay,
Elizabeth Veazie.
ELIZABETH VEAZIE:Elizabeth veazie.I reside here
in Los Gatos and I have been very much involved in the whole
process prior to the commitment from the Town Council to
look at the site that we're discussing this evening,so I am
for Miles Avenue,
political hot potato that you have.There's been a lot of
presumptions about the money being raised for this,or that
the money is already in-hand.Let's all not forget that the
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money is not in-hand,so I don't appreciate as a taxpayer to
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be strong armed into a February initiative,but I know
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that's .another issue,so I'm pleading with you as the
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representatives of our lovely town to deny this.Thank you.
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I realize that many people here have the concerns
of that hill,although I'm taking into consideration that we
worked closely with two amazing people,and that was Pamela
Jacobs and John Curtis,and I feel like their commitment illld
their management skills here in the Town,and providing the
opportunity for other things that were built,if their
concerns were concerns that people are bringing to our
14 CHAIR TALESFORE:Thank you.Do we have a 14 attention this evening,it would have been stopped or not
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question?No.Okay,Kelly Dougherty,followed by Elizabeth
Veazie.
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even considered at all,and I trust their judgment.They
were there when the children were coming to them and they
17 KELLY DOUGHERTY:Thank you.My name is Kelly 17 Iwere bringing their ideas.We did bring our concerns.They
18 I Dougherty.I reside at 321 University Avenue with my
19 I husband;we've lived there for ten years.
18 Iran tests.
19 I There was a loc to take into consideration,and it
20 I don't have to go through everything that 20 Ihas been a long time,and I would really like to see this
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everybody else just said,because I am also against the
extension of the use permit for all the reasons that have
been mentioned,mostly safety and the location of this park.
I'd love to see it located somewhere else.Thank you.
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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move forward and that this project be considered and
extended,because I'm putting my trust in those people who
were there with us at the time when we had a site visit and
we encouraged the pUblic to corne out and speak about these
concerns,and I was at everyone of those meetings.
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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CHAIR TALESFORE:Thank you very much.Okay,the
next round of speakers is Karen Deloumi,Randi Chen,
Elizabeth Stewart,Joe Kapp,Don Perry.If you would all be
ready to jump up.Okay,Karen.
KAREN DELOUMI:I'm here to provide an update
regarding the progress of the Skatepark Fundraising
offer of all labor at cost,worth conservatively $30,000;
other offers of free labor,not in the value totaled below,
and the offers of labor can only be used if worked closely
4 Iwith the Town.We do have a general contractor on board.We
have another $2,000 to $5,000 in cash pledges;a pledge of
all evc.We're not sure of the value at this time,but
Committee.Over the past year many active,passionate
community members have put in hours of hard work after
working their regular jobs.Why?To provide a safe
environment for the Town's youth.We understand the wide
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breadth of benefits for your youth,citizens,and community,
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and some adults as well.
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Regarding efforts,this is truly a grassroots,
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community-driven,team effort.We are not perfect.We've hit
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there's plenty.The $125,000 from the Town of Los Gatos;
$100,000 from Monte Sereno.This totals up to approximately
$368,000 conservatively.Estimated cost of the park?Between
$750,000 anq $850,000.Gap:$400,000.
Funding notes:Gap could be funded with
redevelopment funds.Town must spend this money or lose the
dollars.Funding never part of the Town budget.Funding
never a tax increase.Town has the money.We have been
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many bumps,no pun intended,but our only motivation is the
kids.Not politics,not anything else.I'm excited to
provide you with an update on this past year's efforts.
First,nothing has changed in regard to the Miles
Avenue location.What has changed?Young and old community
members rallied to provide a large number of small
donations.The fund for the Town now has $15,000
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turned down for grants and corporate donations,because our
Town reserves and per capita income are very high.Most
parks are funded by towns that value youth and consider
themselves youth-friendly.Low per capita towns have gotten
skateparks well before us.
The ballet measure has enough signatures to
quality for the ballet.On November 5~the Council can
21 I approximately,up from $7,000 last year.Pledges in writing 21 ,choose to either just pass it or to delay it and have it go
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that the Town does not have are as follows:$50,000 in
matching contributions from sobrato;a $10,000 donation of
cement;another $3,000 in cement discounts;offer of all
materials at costs,conservatively worth $30,000 dollars;
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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to the ballot.
Other items:Additional funding efforts are in the
works.One of them possibly could bring in another $30,000
to $60,000.Bottle drive that the community can participate
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
26
in,but skateparks are not built with bake sales and bottle RANDI CHEN:And Phil,the Red Sox were winning
drives,yet another funding event is also in the works.when I walked in.
CHAIR TALESFORE:Thank you very much.CHAIR TALESFORE:We appreciate all updates.Okay,
KAREN DELOUMI:Could you read the closing?Elizabeth Stewart,followed by Joe Kapp,and then Don Perry.
CHAIR TALESFORE;Okay,wait a minute.Any ELIZABETH STEWART:My name is Elizabeth Stewart.
questions,Commissioners?Seeing none,thank you,but would I live at 124 Edelen Avenue,and I don't have a lot to add.
the minutes please reflect that we had a handout from this I think everyone has ready said it and said it beautifully.
speaker.Thank you very much.Randi Chen,followed by I do also wish to be on the side of those who are opposed to
Elizabeth Stewart.the skateboard park there.
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Edelen Avenue,and I don't think you should extend the CUP.
RANDI CHEN:Hi,I'm Randi Chen and I live at 118 I know there is so much passion.and you heard it
tonight from those who really,really want this park.
other sites and dismissed them all,I think that if this is
However,since the Town has already looked at at least 20
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money.I know it is very difficult;I try to raise it for
Three-and-a-half years is a long time to try and raise
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13 the schools every year and it is just really hard to come
13 the best that we have to offer,we need to go back to the
14 by.But three-and-a-half years is a long time and it's not
14 drawing board and find something that will really make
15 really anywhere close.
15 everyone happy.
16 The EIR is outdated.There is a lot more truck 16 There are so many issues.There's safety.There's
17 traffic,and it was three-and-a-half years ago and I have to 17 financial.There's liability.There are all kinds of issues
18 believe that conditions have changed since then.18 here to be faced,so because of those reasons I really have
19 Your parking study was conducted in March and 19 to be on the side of those who are opposed to this park.
20 August,not during Little League,not after school when the 20 Thank you.
21 Iskateboard park would be used,not during the holiday season 21 CHAIR TALESFORE;Thank you very much.Joe Kapp,
22 where people park and walk up,not during Jazz on the Plazz,22 and then Don Perry.You don't have to use all three minutes.
23 so I think that needs to be redone,and for those reasons I 23 Not that we don't want to hear from you,but if you've
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don't think you should extend the CUP.24
already heard it being said,you could just say YOu've heard
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CHAIR TALESFORE;Thank you very much.25
it.
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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killed on thaL street.
LonighL.
I've been here 20 years,the longest I've ever...
And the traffic isn't just right there.You turn
Excuse me,would you please waitCfffiIRTALESFORE:
CfffiIR TALESFORE:Thank you.Questions.
So I vote turn them down.They gotta go find
those hoops can be jumped through,I would encourage you to
DON PERRY:Good evening.As you know I'm on the
JOE KAPP:Thank you,and thank you for serving
CfffiIR TALESFORE:You're welcome.And for the
Kane.
children,ages seven and nine,and for your findings this
evening I know my kids would like very much LO skate aL a
town.Thank you.Don Perry.
make the findings tonight to make Lhe extension.Thank you.
park becomes a reality,but to move iL along and see if
of hoops that still need to be jumped through before the
here in any official capacity.On a personal note I have two
the city here.We appreciate it.
at the podium.Thank you.We have a question from Vice-chair
record,could it reflect that I'm sure that my fellow
City Council in Monte Sereno,so for the record I am not
commissioners join me,but we all do believe this is a great
uS and we'll look at that street.There are no stop signs.
skatepark and I would encourage you.I know there are a lot
hill.It's dangerous.I invite all of you to come and join
another SpOL.Level ground.I mean you can'L do it on this
They got nO brakes on those things,you know?Any questions?
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I don't think anybody appreciatesJOEKAPP,
there.You got a steep hill going down.It's really
this is common sense,if any of us have any,to just go down
to Miles,and take the information that you've heard here
Somebody's going LO get hit,even the way it
exists now.They're going to get hit.You got a walkway
dangerous.Mr.Calise,our neighbor,says kill this effort
those places.This is not the right place to put it.And I
in to come in on university Avenue/like we have citizens
here,and that's correct,because somebody's going to get
sports more than I do,it's been my life,and I wish
love sports.I gotta love it.
on Edelen Avenue with Jennifer and my Lhree children,and
I've been a migratory football worker.And I've been in
skaLeboarders find the right place for Lhem.BUL I've lived
Canada,Minnesota,Boston,Moose Jaw,Swift Current,all of
here from University Avenue.I'd been living here two years
thinking maybe Los Gatos doesn't want any Mexicans in town
right there at the bottom of Miles,it's the entrance to the
here.BUL I got hit there,and so the traffic isn't just
and I get hit out there on that street.I mean I was
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City,and this is a great city,believe it or not.25
LOS GATOS PLANNING COMMISSION 10/24/2007
Item ~2,41 Miles Avenue
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LOS GATOS PLANNING COMMISSION 10/24/2007
ILem ~2,41 Miles Avenue
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COMMISSIONER KANE:Councilperson,Monte Sereno
has a lot of open space.
DON PERRY:Where?
COMMISSIONER KANE:Where?
DON PERRY:Which open space would you be speaking
of?
COill1ISSIONER KANE;Starting at one end,going to
t:he ot:her.
CHAIR TALESFORE;Okay,thank you.
welcome other people from ot:her neighborhoods to come and
take part of our holiday parade,Jazz on t:he Plazz,and take
advant:age of our shopping and restaurants.Since t:his was
put in place we've had 373 signatures from people in the
community as well as merchants saying that this is a
valuable asset that we need to protect.So the conditions
have changed around parking.
Around t:he noise.Having lived in the neighborhood
for a couple of years now,I've noticed in t:he last six
COMMISSIONER KANE:No.
CHAIR TALESFORE;Thank you.Okay,here's the next
group of speakers.Lori Baker,followed by Mona Voss,
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DON PERRY;Is that a question?
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months the amount of skat:eboard traffic has increased
dramatically along with the amount of t:ruck t:raffic,ill1d
can share with you that:skateboarding is not:a quiet sport.
So when skateboarders are going down the street:I can hear
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followed by John D.Voss,followed by Julie DiNapoli,
followed by Dennis Byron.Thank you,and if you would all
come over to that side of the audience I'd appreciate it.
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them in my home,and I can only imagine the volume of noise
that will occur when we build a large wooden ramp for
skateboarders to come to en mass in our backyard.So again,
16 LORI BAKER:Good evening,Madam Chair,and 16 I would ask t:he Commission t:o consider t:his as a condition
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Commissioners.My name is Lori Baker and I'm a homeowner at
252 Edelen Avenue.I've been living there about three years
now,and I am a supporter of the skat:epark but am against
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that has changed.We're seeing the volume of skateboarders
go up and this noise level will be a det:riment:to the
quality of life in our community on Edelen Avenue.
20 Ithe extension of this Miles Avenue location.20 And then finally on the area of safety,I'd like
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Conditions have changed and there are three areas
of concern where I see the conditions have changed:areas
around parking,noise,as well as safet:y.
So to start with the parking,the Miles parking
lot is an asset to our con~unity.It is an area where we
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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you to consider t:he fact:t:hat:t:his has changed around t:he
amount of trucks we have going up and down Edelen today.
Anyone that lives in our neighborhood knows t:he amount:of
effort it takes to negot:iat:e in and out of our driveways.We
have blind corners at:Bentley.We have a dead end.We have
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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our neighborhood.
18 IClean Laidlaw.I am familiar with trucks,accidents
hitting a pedestrian,a bicyclist,a skateboarder,or a
On August 11,2007 in Marino valley in Riverside
vehicle.The underlying cause was skateboarding in close
three days after sustaining injuries after she lost control
the fatality was loss of balance and sliding beneath a heavy
and slid beneath a moving vehicle.The inunediate cause of
just the state of California there have been three
immediate cause was a fall without head protection.The
Alameda County,a teenager died due to head injuries.The
County a 12-year-old boy died after falling off his
Menifee/Long Beach,California an ll-year-old girl died
skateboard and hitting his head.The immediate cause of the
accident was failure to wear a helmet.On August 11,2007 in
association with vehicles.On August 27~in San Leandro,
skateboard accidents and fc.talities.
4 .Canada in the past year.In the last 90 days,90 days,in
Every accident has an immediate cause and an
skateboard accidents and fatalities in the United States and
underlying cause,or root cause.There have been multiple
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CHAIR TALESFORE:Thank you very much.Mona Voss.
MONA VOSS:Good evening.I'm going to read a few
Voss.I live at 123 Edelen Avenue.I'm currently the
here today.Thank you.
Anza College.For the prior 25 years I was Director and
statements of fact relating to Miles Avenue.My name is Mona
Vice-president of Environmental Health and Safety for Safety
Director of Environmental Health and safety for Foothill-De
Again,conditions have changed.So thank you for
your consideration.I appreciate the opportunity to be heard
endangerment not only to the youth,but to the residents in
the steepness of the Miles "Jade.And I can tell you,it's a
daily task to try to get in and out of my driveway without
adding more skateboarding traffic seems reckless and an
truck that's coming around the corner and not used to it
being a blind corner that it is.And right now the idea of
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20 I The site proposed for the skateboard park has not
19 I investigation with trucks,and environmental permitting.
21 Ihad an EnviroI~ental Impact Report performed and the site
22 ,has not had a traffic impact study performed.This proposed
The root cause,or underlying cause,for the
California fatalities are skating in close proximity to
21 lof kids at a top of a hill with their skateboards ready to
19 I skateboarding.Wendy Andrews,she was an eyewitness,says,
22 Icome down,and that's a tragedy.This is an accident just
looking for somewhere to happen.'
20 1"1 go home that way every night and there'S usually a couple
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24pronouncedcurve.Surrounding roads are used by cars and by
light and heavy service vehicles.
site lies at a bottom of a hill.Site access has a
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LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
33
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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moving vehicles and skating on unsafe topography.The Miles
Avenue property has both traffic in close proximity and
unsafe topogr:;:hy.
Again,this site has not had an Environmental
Impact Report or a traffic impact study performed.We have
no verification that this is a safe location for
skateboards.Thank you.
5
JULIE DINAPOLI:Good evening.I also don't want
to sound redundant,but I do feel that I would like to
reiterate that there was no traffic study done on this
Negative Declaration,and the fact that this is the only
street in our town with oversized vehicles and multi-axle
trucks.No other way in.No other way out.Including police
vehicles.These are our Town employees driving these trucks,
CHAIR TALESFORE:Okay,thank you,Miss Voss.
B
and the fact that they may seriously endanger the lives of
Anyone have questions?Seeing none,that would be John D.these kids on skateboards going down Miles Avenue is great,
to have to pick up a kid off a street when an accident like
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Voss,the next speaker,followed by Julie DiNapoli.
JOHN voss:Yes,good evening.My name is John
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and I do not:to be the person out there that is going
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Voss.I live at 234 Edelen Avenue and have been a resident
of Los Gatos for 40 years.
For fear of just being redundant of what's already
been said this evening I'm just going to reemphasize the
aspects of the safety issues,eliminating public parking,
which is a scarce commodity in this town,which could affect
retail sails and also tax revenue to the City,the loss of a
lot.Also displacement in a Town designated historical
district.
I would just encourage the Town to find another
spot that has a strategic viewpoint of a common recreational
facility meeting the needs of the community.Thank you.
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this happens.So I invite all of you as well to stop by and
witness what we witness on a daily basis,and what we are
seeing an increase of.The reality of these kids going down
Miles Avenue is there.
Also,since Los Gatos is most definitely a kid-
friendly town and has spent hundreds of thousands of dollars
on many programs for our youth,we ask that the Planning
Commission do the right thing for our youth tonight and not
extend the CUP for that location.Let us place our time and
energy on a land usage in a prime location that is safe for
all of our kids,and not one that could lead to a fatality.
Thank you for your time and everything that you do for our
23 CHAIR TALESFORE:Okay,thank you very much.23 town.
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Questions?None.Julie DiNapoli.
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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CHAIR TALESFORE,Thank you very much.And Dennis
Byron.Next group of speakers would include Steven
Leonardis,Maria Ristow,Susan Farwell,and then Cory Farr.
DENNIS BYON,Thank you.My name is Dennis Byron
and I live at 455 San Benito Avenue in Los Gatos.I don't
want to waste your time.There's a lot of passion on both
totally different speech,but after listening to some of the
concerns of the Edelen neighborhood,who include teachers
and friends of friends,I want to just say SOme of their
concerns can be mitigated.Maybe we should take the street
of Edelen Avenue and pave it with cobblestone so
skateboarders will not roll down it,because it sounds like
sides of this issue.I don't want to talk about the 3,000
signatures the skateboarders have raised.I don't want to
talk about the parking mitigations that we've talked about.
I don't want to talk about the safety factors that we wanted
10
to put in place on Miles Avenue and the fact that the
11
entrance to the skateboard park will be on the Creek Trail.
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As Vice-chairman Kane said,this is a very narrow topic of
13
discussion that we have here.
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whether there's a skatepark there or not there is a safety
issue with skateboarders going the hill potentially.
Now there are a lot of hills in Los Gatos.This is
not the only hill and it's not the only hill that can be
considered dangerous,but for lack of a better term,this
sounds like a classic not-in-my-backyard argument from the
Edelen Avenue and university Avenue residents.The DiNapolis
moved to the neighborhood in 2005,about six months after
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Basically nothing has changed since the last
extension of this Conditional Use Permit.There have been
parking studies.We've looked at 29 sites,other locations
for the skateboard park.This comes down to the best
location.Please extend this Conditional Use Permit.Let the
Town of Los Gatos decide whether or not this skateboard park
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this had been approved by your commission,and they knew,
they were aware of the skatepark being in that location,
which is in a RDA zone,which is a blighted area.True,they
live in a historical district,however this is a blighted
area which used to be a recycling area operated by the Town
of Los Gatos.We had gone through,as was said earlier,a
20 Igoes in.Thank you.
21 I CHAIR TALESFORE,Do we have any questions,
22 ICooonissioners?None.Okay,thank you very much.Steven
20 Inumber of different sites for the skatepark.
21 I I'd like to obviously request that the CUP be
22 lextended for one more year,because this is going on the
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Leonardis.
STEVEN LEONARDIS:I'm Steven Leonardis.I'm a Los
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ballet in February,and this gives everybody a chance to
vote,and it think that's the only democratic way to resolve
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Gatos Skatepark Committee member.I came here tonight with a
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
37
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this.This is the American Way.Let's continue with the
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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American Way rather than shoot it down this evening because
there's passion on both sides of the equation and I have
friends on both sides of the fence.Thank you.
their cell phones.I look at any other part of this town and
2 Irealize you would have to go across Blossom Hill or other
streets where you would have to deal with drivers who are
CHAIR TALESFORE:Thank you.Maria Ristow.4 not aware of their hazard to pedestrians.
MARIA RISTOW:Hi,I'm Maria Ristow.I live at 85
Broadway.I have a ten-year-01d son who is a skateboarder
and a seven-year-01d daughter.I've lived in Los Gatos for
20 years and I consider this a very wa1kable town.I walk
probably ten times more distance than I ever drive.My kids
walk to and from school.We ride our bikes on the Creek
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Trail from Broadway to get to Vasona Park.My kids have
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taken camps.
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deadline.I think a lot of points that were brought up:
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So I think this is an ideal location.I think we
need more time to raise money.I think we don't want to kill
this skatepark yet.Thank you.
CHAIR TALESFORE:Thank you.Any questions?seeing
none,thank you very much for that.Susan Farwell.
SUSAN FARWELL:Susan Farwell,121 willow Avenue.
I'm here to speak to ask the Commission to deny the time
extension for this,and the reason why is I feel that it's
your responsibility as representatives of the Town of Los
Gatos to realize that there have been changes,even over the
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Parking issues have increased everywhere in town.Traffic
issues have increased everywhere in town.I don't think it's
unique to this site.I don't think anything specific to this
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last year.With the addition of the Apple store alone it
looks like there's 15-20 employees in that space on an
hourly basis.I believe that with the increase in traffic,
17 Isite has changed over time.
18 I As somebody who has ridden bikes with my children
19 Idown the trail past Miles Avenue where there is a stop sign
20 Ifor the trucks to stop,we personally have had trucks stop
21 Ifor us when we're about 20'away from that crossing and wave
17 I even in the past year,def initely in the las t three-and-a--
18 Ihalf years,that the traffic demands have changed.The
19 Iparking demands have changed.The skateboarding demands have
20 I changed,and I feel it's your responsibility to at least ask
21 Ifor the minimum of a new parking study,a new EIR,and to
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us on.The Town employees are very considerate of people on
their bicycles and aware of who is there and what a large
truck they're driving.On a weekly basis I or one of my
children have almost been hit by people in SUVS talking on
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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deny the time extension solely based on the fact that it has
changed over the past three-and-a-half years and it has
changed over the past year.
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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CHAIR TALESFORE:Thank you very much.Any
that will be it unless I get another card.So thank you.
CORY FARR:My name is Cory Farr.I live at 337
Los Gatos.We actually put speed bumps on our street,so now
Good evening,I'm Heidi Farr.I liveHEIDIFARR:
CHAIR TALESFORE:Okay,thank you.was that it?
JORDAN KAHLER.My name is Jordan Kahler.I live at
226 Edelen Avenue and I'm here to say,very briefly,I've
All right,any questions?None.Heidi Farr.
determined by this Commission to be the location that's
at 337 Johnson Avenue,and I kept my kids up really late
The optimum place for a skatepark in Los Gatos was
seen the area,it hasn't changed much.There are concerns.
agreed on now.The Town shouldered the responsibility of
Thank you.
Those concerns were looked at,considered very carefully.
subject,for sure.
RAY DAVIS (from audience):Here,here.
these big pools and stuff to skate,so that way they're not
CHAIR TALESFORE:Thank you.
going through the neighborhoods to skate.So I'm definitely
CHAIR TALESFORE:All right,Jordan Kahler.
in favor of extending it and letting people vote on this
COMMISSIONER KANE:Caution him.
CHAIR TALESFORE:I don't want any more calling
out from the audience.Heidi Farr will be next after Jordan.
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20 Ishould give it the opportunity to take place.
18 I finance,and the skateboard community,and that is slowly
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Excuse me.Would you mind
They're not going to go down the hill,
CHAIR TALESFORE:
CORY FARR:
(Inaudible comment by audience member.)
CORY FARR:God bless you.You live in a great
the street and put them at a park.They'd love a park.The
to myself,how could be get these kids off of my street,off
bottom of the hill and brings him back up.So I'm thinking
they're going to actually go to the skatepark and go in
them on our streets.These people...
catch air.Then their little buddy picks them up at the
park is a perfect place.Then we don't have to worry about
People are skateboarding and running into you.Get them off
of you~street,and get them off the streets?Go downtown.
addressing your comments to us?Thank you.
the teenagers can corne down our street and hit the bump to
group of speakers would be Jordan Kahler,Heidi Farr,
Michael Burke,Tim Murphy,and Torn Calderwood.And I think
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Johnson Avenue,one of the premier downhill skating areas in
questions?Seeing none,okay.Cory Farr.And then the next
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19 I neighborhood,and I love the support,but what you're saying
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
41
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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just so they can see the democratic process in action and I Furthermore,new approvals over the past three
think this is well worth for them to watch and experience.years need to be taken into account.One such approval is
Another thing that they need is a skateboard park,for Old Town's use of the amphieheater and regular special
and we just need somewhere safe.Corne out to our street.events.That's going to increase the need of that lot.
Visit our street.That's where they're coming down,and And valid noise and safety issues have been
their friends and pulling them back up with their cars.How brought up to the Commission tonight.The CUP does not
safe is that?We need a place where they can go and they can address those issues.We have some misconceptions here.
be in a safe and well-supervised area.It's got to be in One,these issues have been dealt with before.
somebody's backyard,and if you'd like to put it on Johnson Three years ago when I sat up there with you I was told by
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CHAIR TALESFORE:Thank you very much.Anyone?
telling them how to run a park that they were going to run,
check the minutes,Mr.Korb,sorry-because we would be
and that was out of our purview.
this CUP because it was being sponsored by the Town Council-
Mr.Korb that it would be inappropriate to add conditions to
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MICHAEL BURKE:Thank you.My name is Michael
Okay,po questions.Michael Burke.
Avenue,we'd love to have it.We just want it to be enclosed
and to be safe and supervised.Thank you.
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14 Burke I live on University Avenue.
14 Secondly,replacement parking.There are no
15 The Commission has been shown tonight credible 15 lights.There is no sidewalk along Miles.Ie's farther away.
16 evidence that the parking lot on Miles is being used much 16 It's not as safe.It's not practical.It's not going to get
17 more than the Staff Report indicated.This is because the 17 used.
18 parking lot was not studied when the lot is in use:18 Third misconception.Neighborhoods are protected
19 I weekends,evenings,holiday season.This represents a new 19 Iby permit parking.Permit parking is not actively enforced.
20 Ifact related to the application.To quote the minutes from 20 ICars park in front of my house all day and don't get
21 Ilast year's meeting on the extension,'Mr.Tsuda provided 21 I ticketed or even chalked.
22 comments that the traffic study indicated that the lot only 22 Another misconception is voting against the
23 fills up for special events in the town."Well unless every 23 extension kills a project.No.Just be new condieions added
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Saturday and Sunday is a special event,that has changed.24
when this comes back to the Council.
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LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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haven't had the testimony yet.
And I want to talk to you a little bit about the
and were already saying that no facts have changed.You
So I would ask you to look at section 29.20.325 on
Having said that,my issue really is the parking.
under-utilized.Now I would suggest to you that using that
both in August and October of this year.and in one of the
until 3:00 o'clock in the afternoon,you would conclude that
downtown Safeway store from 11:00 o'clock in the morning
If you read the reports we are told that studies and
me,overparked,parking is under-utilized.I would suggest
reports they talked about looking at the parking from 11:00
criteria,that if you look at the parking situation at the
our Safeway store is overparked,or underparked,or pardon
industrial park,and from the City'S standpoint I'd be very
concerned about the fact that I am the major tenant and yet
observations were made initially and have been made since
I'm also the applicant to bring issues in there.I think
you've got to really take a real hard look at that.
that you're in an industrial park setting.It's an
promoting the idea it'S a park-like setting because you're
People are trying to sell this,or they're
driving big trucks;I've got problems.
use within an industrial park.You've imposed upon me
next to the baseball park.I go down there and I suggest
4 IPotential liability that I didn't want any part of.I'm
I was in a city where I had a development both myself and my
tenants would be very much opposed to putting this type of a
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19 IMonday through Friday.The conclusion is that the parking is
18 IO'clock in the morning till 3:00 o'clock in the afternoon,
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My name is Tim Murphy.I reside at'I'IM MURPHY:
CHAIR TALESFORE:Any questions of the speaker?
extensions,and read it for yourself,and see if you are
there are new facts you have to continue this.Absolutely
is nothing in there that says that.It says,'Conditions
limited to only dealing with facts that have changed.There
facts of the proposed project."If there are new facts,you
estate business as an occupation and I will tell you that is
originally applied or new conditions to be applied as part
129 Edelen Avenue,Los Gatos.I'm in the industrial real
O'Donnell,did you have a question?I thought I saw your
of the project extension approval are adapted to any new
nothing.Thank you.
need to adopt new conditions.But nothing that says unless
hand up.Thank you.Okay,Tim Murphy,followed by Tom
Calderwood.
section in the Code on time extensions.I think Mr.Korb has
on testimony that hadn't even happened yet,and that is very
is incredibly misleading.It draws conclusions of fact based
distressing.You know,you hadn't even had the meeting yet
framed this much too narrowly.The staff Report,Exhibit A,
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Item #2,41 Miles Avenue
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LOS GATOS PLANNING COMMISSION 10/24/2007
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you go back at 5:00 o'clock or 6:00 o'clock and make that
same conclusion.It's not going to happen.
I've done traffic studies.I've done environment
impact reports.When I do those I'm required to look at peak
hour.In this case peak hour parking is not Monday through
Friday during the day.In August a lot of people are on
vacation.It's when there are major events downtown such as
events at the high school and heavy retail periods,which is
why this was put up there in the first place.I would
suggest any of you to look me in the eye and tell me that
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parking lot is not full during the Christmas parade.That's
11
what it's there for and these uses still exist.
wouldn't do that for me.You wouldn't let my people do it,
so I would request that that condition be added to this if
in fact you do extend.Thank you.
CHAIR TALESFORE:Okay,thank you.Do we have a
question?Two questions.Just a minute.commissioner
Bourgeois had his hand,and then Vice-chair Kane.
COMMISSIONER BOURGEOIS:I would just like to hear
what the residents at 31 Miles had to say that you were to
starting.
TIM MURPHY:He said that he has on numerous
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occasions when there are major events downtown has come home
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to find that there's no parking available within his
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I would question if the Staff actually went down
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complex.He has to find someplace else to park.And this is
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and talked to the residents at 31 Miles.This is a 12-unit
residential complex that was put in there a few years ago.I
did today.One of the residents relayed to me that as he
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at the furthest end of Miles as you can get.
CHAIR TALESFORE:Vice-chairman Kane.
COMMISSIONER KANE:That was my question.
1616
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comes back...
(Timer sounds.)
CHAIR TALESFORE:Okay.Thank you very much.Tom
17 ICalderwood.
18 CHAIR TALESFORE:would you just please wrap up.18 TOM CALDERWOOD:Tom Calderwood,193 Mary Alice.
19 11'11 give you like 15 seconds.19 !Been in Los Gatos since 1960.I'll just talk to a few
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TIM MURPHY:All right.I request that you do not
extend this CUP,and if you do that you add as a condition
20 IPoints.
21 The parking thing,I was curious about that.
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of there be a third party traffic and parking study.You are
sitting here with an absolute conflict of interest whereby
you're having your Staff,who in fact is the applicant,and
you're accepting their study as part of this submittal.You
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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During the month of July I visited the Miles Avenue area 15
times.Parking utilization ranged from 7%to 22%.I went
during the weekends,morning,the afternoons,dusk,so I
went at all different times.Just another data point.
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
48
On the issue of safety,hills are allover Los
Gatos.Kids will skateboard down hills.They ride bikes down
hills.They drive fast when they become teenagers.It's is
were shown pictures that that parking lot has been filled
and a substantial amount of evidence that said it's used
quite a bit,does that constitute a change from the original
what it is.I really think that putting in the skateboard
park will help kids be safer rather than increase safety
risk.I think we'll end up with a safer condition rather
than making it worse.
The final thing is to me it comes down to there's
views from both sides.Let the democratic process work.Get
study?
ORRY KORB:Well I'm not going to tell you that it
does.It's up to the Commission to decide whether it does.
COMMISSIONER MICCICHE:Okay.
ORRY KORB:I'm going to tell you that you do get
to consider testimony of perspective changes to the
20 ICommissioner Micciche first,and then followed by
19 Imotion,for discussion,questions of Staff,and I'll take
18 Ihearing.I will turn it over to the commission now for a
21 ,Commissioner Rice.
And Madam Chairperson?
Same response.
Same response.
ORRY KORB:It's up to you as individuals to
ORRY KORB:
COMMISSIONER MICCICHE:So it's up to the
ORRY KORB:It'S up to the Commission to decide.
COMMISSIONER MICCICHE:
COMMISSIONER MICCICHE:
CHAIR TALESFORE:Yes?
COMMISSIONER MICCICHE:Okay.The second question
to convince each other whether changes have occurred.
past three years?
has changed considerably and safety is an issue in the
Conditional Use Permit,does that constitute a change in the
then may be the same answer,is that since the truck traffic
conditions in your determination.
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I thought this thing wasCOMMISSIONERMICCICHE:
CHAIR TALESFORE:Okay,questions,Commissioners?
looking for something that said there were no changes.So
it on the ballot.Let people vote on it.I think in any
None.Well,we are at the end of our speaker cards and I'm
Let the voters decide.Thanks.
sure my fellow commissioners would join me in thanking all
neighborhood there is going to be split opinions about it.
make all of us proud,so thank you.
And with that I'm going to close the public
of you for participating in the public process tonight.You
going to be pretty straightforward tonight,because I was
I've got a question of Staff here that says given that we
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LOS GATOS PLANNING COMMISSION 10/24/2007
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COMMISSIONER MICCICHE:'l'here was evidence that
was shown on the screen tonight of that parking lot being
filled.There was a number of pictures.
CHAIR TALESFORE:Yes.
COMMISSIONER MICCICHE:So I wonder if that could
be entered and shown again to the Staff by the individual
that showed it?
CHAIR TALESFORE:Oh,was it not left for our
record?It was not.
COMMISSIONER MICCICHE:I think it was Mr.
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DiNapoli that had it.
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RICK DINAPOLI:I had four.
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COMMISSIONER MICCICHE:No,no,he had some other
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ones.
RICK DINAPOLI:I could...I'll read...
CHAIR TALESFORE:We'll have our Staff...
COMMISSIONER MICCICHE:We'll have our Staff do
it.
CHAIR TALESFORE:Thank you.
RICK DINAPOLI:These are the four things that
I've shown.
CHAIR TALESFORE:Okay,hand them over to Mr.
Parsons.Thank you.Okay,Mr.Micciche,you would want?
COMMISSIONER MICCICHE:I just wanted to
10
understand the dates that those were taken.
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CHAIR TALESFORE:Can you read the dates to us?
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RICK DINAPOLI:I can.They were from May 2007 to
13 July 2007.
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CHAIR TALESFORE:He had other pictures.Could I
open the public hearing?How do I do this?I just ask.Could
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COMMISSIONER MICCICHE:Okay,thank you.That's
all I had for right now.
16 I just have the picture?16 CHAIR TALESFORE:Thank you,Commissioner
17 ORRY KORB:If we can just get the picture and put 17 IMicciche.Commissioner Rice.
18 lit up on the...18 COMMISSIONER RICE:It was covered.Thank you.
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CHAIR TALESFORE:Thank you.
ORRY KORB:And I think if you could leave that
picture for the record,and any other pictures you brought
in that you referred to.
RICK DINAPOLI:Gladly.
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CHAIR TALESFORE:Commissioner O'Donnell.
COMMISSIONER O'DONNELL:Obviously there is a lot
of emotion.I'm going to share with the COllL'l1issioners my
initial analysis,so I'd invite your comments on it.
It is not enough,I don't believe,that one could
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COMMISSIONER MICCICHE:I can't see the dates on 24
disagree at this point with the Negative Declaration,
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that though.Can we make that clearer,or could you...
LOS GATOS PLANNING CO~rnISSION 10/24/2007
Item #2,41 Miles Avenue
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LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
52
because the time to attack the Negative Declaration is long
gone
The photos I've seen shows that perhaps the
Negative Declaration was wrong,perhaps it wasn't,I don't
problem tonight is we don't have the Negative Declaration in
2 I front of us,we haven't reviewed the Negative Declaration in
3 I those years,but we need evidence not that somebody's
4 Iparking there,but that somebody wasn't parking there when
know.You would need evidence that there was a change of
circumstance since the Negative Declaration,and we're being
asked for something where that becomes relevant.
So at this point I think to deny the extension is
a very drastic act,because it does rob the electorate of
the chance to do-I think,perhaps something could be done to
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it-but it seems to rob the electorate of a chance once and
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for all I think to decide this.
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13
some legal help here,not in ultimate facts,I'm not doing
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the Negative Declaration was originally done.I haven't
heard that.
So I guess I'm concerned not because I'm not
sympathetic with both sides on this,but I am saying what is
our job here?We adopted a CUP after doing the CEQA
requirements,after adopting a Negative Declaration,and if
we have to revisit this eve~~time,we have fairly narrow
constraints,and the constraint is have the facts changed?
In the first place,photographs I've seen haven't
shown the parking lot full.They've shown some cars in the
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that,but for example the suggestion was that Mr.Korb had
made factual statements when of course that's not true at
all.On Exhibit A what he said was before granting an
extension the deciding body must find from the evidence,and
he stated the two things.He didn't say those were true.He
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parking lot more than we've been led to believe on some
occasions.On the other hand we heard a testimony from a
gentleman who was there 22 times,or whatever it was,and
his observations were consistent with the Staff's Supposed
observations for the Negative Declaration.
19 Isimply said you must find those,otherwise you can't grant ~9 So I'm just saying the way I look it is if this
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the extension.So I would like to correct the record on
that.
But the way I view this again is if we find that
there's credible evidence that says either the Negative...
Well,we can't attack the Negative Declaration,it's over
and done with,but since the determination.A part of our
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
53
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Commission can say the facts have changed since the Negative
Declaration,perhaps we should indeed deny the extension.
But I just want to be very careful that it isn't enough that
you say gee whiz,there are cars there.What you want to
know if have the cars changed from the time we adopted the
Negative Declaration?
LOS GATOS PLANNING COMMISSION 10/24/2007
Item #2,41 Miles Avenue
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And as far as the downhill problem is concerned,I
agree with everybody who said hills are a problem with
skateboards,and whether we put the park here or somewhere
else is not going to cause the skateboard riders not to go
down hills,and putting a skateboard on a flat surface seems
to be somewhat of a contradiction in terms.So I think that
if in fact the speakers are correct that nobody wants this,
at certain times and up to 47%of the spaces were utilized
in that Miles Avenue lot,and that's generally consistent
with what has been submitted in this latest sheet,and it's
still consistent with the other observations that you've
heard today.
So again,I'm not trying to dismiss all the
testimony you've heard tonight,I'm simply reacting to the
then it will be denied at the ballot box.If in fact it's
Edelen that doesn't want it,then perhaps it won't be.So I
just throw that out for discussion purposes.
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CHAIR TALESFORE:Thank you,Commissioner
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O'Donnell.That's giving us a lot to think about and
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probably some of us were thinking that.Commissioner Rice,
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Micciche,and then Bourgeois.I think that was in order.
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photographs that we've just received,that these are
generally consistent with the numbers that were contained in
the Negative Declaration.
CHAIR TALESFORE:Does that answer your question,
Commissioner Rice?
COMMISSIONER RICE:Not completely.
CHAIR TALESFORE:Okay.Do you have a follow-up
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COMMISSIONER RICE:I'm just curious,do we have a 14 question or discussion?
15 copy of the Mitigated Negative Declaration available?15 COMMISSIONER RICE:The applicant is the one
16 RANDY TSUDA:We have a copy in the file.16 that's providing the information,which we wouldn't take
17 COMMISSIONER RICE:Because for me to determine 17 I from if it was a different applicant.
18 Iwhether or not there was a change would be kind of difficult
19 Isince I wasn't on the Commission when it was originally
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(Small applause from audience.)
COMMISSIONER RICE:Please.So I'm struggling with
20 Ipassed and I never saw it.20 lit.Obviously I'm not saying that it's not correct,I just
21 RANDY TSUDA:This is not to answer that part of 21 Inever saw it to begin with,and now I'm being asked to say
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your question directly.We've reviewed these photographs
that were handed out,and we compared them against the park
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that nothing has changed from what I never saw,and that's a
concern to me,and I'll leave it at that.
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(inaudible)that were contained within the Mitigated
Negative Declaration.The Negative Declaration reported that
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COMMISSIONER O'DONNELL:(Inaudible).
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how long they get to do that.It wasn't attacked here.It
wants to attack a Negative Declaration,the statute provides
CHAIR TALESFORE:I'll have to go in order.We'll
get right back to you,Commissioner O'Donnell.Commissioner
Bourgeois.Oh,I'm sorry,Co~nissioner Micciche.Oh,I'm so I 3 Iwasn't appealed here.It's a final document.I heard not one
sorry.4 Iword saying here's what it said in the Negative Declaration
COMMISSIONER MICCICHE:She keeps doing that.I
guess I wanted to get clarification from my fellow
commissioner O'Donnell,my learned lawyer Commissioner here.
The statement that the Negative Declaration has been passed
and here is why it'S changed.If you want to say there'S
more than 12%cars parked there,fine,but it isn't our
burden to defend the Negative Declaration,it is their
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burden to show us why the Negative Declaration is no longer
19 Ithat tonight.And this is how it'S chilllged,because if you
21 I change.I heard nothing like that.I heard look at my
18 INegative Declaration this is what it said.I didn't hear
and so forth,I thought we saw evidence tonight that during
I will just tell you that
COMMISSIONER MICCICHE:I know.I just want to get
COMMISSIONER O'DONNELL:
COMMISSIONER MICCICHE:In the Staff Report they
COMMISSIONER O'DONNELL:One thing,I'm not trying
CHAIR TALESFORE:Okay.Commissioner Bourgeois,I
COMMISSIONER MICCICHE,Just a question back to
fairly detailed.I saw the traffic study in 2004.I don't
that show these numbers.The evidence showed during that
promise we'll get to you.
a traffic study,as Mr.Murphy pointed out,is usually
same time there are higher numbers now.
remember it.We could look at it.But the photos I saw,I
Mr.O'Donnell,if I may,since it's on the same subject?
refer to the Negative Declaration by stating that there was
sufficient parking that was made,that the study that made
current.
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What I'm trying to say isCOMMISSIONERO'DONNELL:
CHAIR TALESFORE:Commissioner O'Donnell,go
telling me there aren't cars in the parking lot,there are,
this.If someone wants to suggest to us that we should not
persuasion,okay?And that means they say look,in your
period of time.Does that constitute a change?
this some time there was a change in that aspect,because we
finality to CEQA is for obvious reasons,and if someone
were told one thing but have now seen another in that same
grant the extension,then they have the burden of
ahead.You may respond,please.
and that's great,except that the reason you have some
photos;there are cars in the parking lot.And if you're
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LOS GATOS PLANNING COMMISSION 10/24/2007
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can't say they prove the Negative Declaration is wrong.If don't think it's theirs.They're not attorneys.I disagree.
you can,then you've got better recall than I do.2 IYou know,I could get schooled on that,but I think that
COMMISSIONER MICCICHE:I can't prove it,but I makes some sense.I ought to know based on what they say
can question it.whether or not there's a change,and so I go back to what
COMMISSIONER O'DONNELL:But the question becomes Commissioner Rice said,maybe I ought to go look,because I
whose burden is it?If it is enough to suggest that we didn't.
should deny this because you have a question,it really I don't know.This is more complicated than I
raises serious issues as to finality.certainly thought it was going to be.The problem with
COMMISSIONER MICCICHE:I don't mind raising them.extensions is that things change,and we've been dealing
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with this since June 2004.It had tentative go ahead in
August 2004,it stared the process anyway,and that's three
while the speakers were coming up and in looking at the
years,two months.And the one thing that's occurred to me
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there,done that,and if you want to say you haven't been
COMMISSIONER O'DONNELL:I don't care whether this
think that an applicant has some comfort in saying been
is the skateboard park or anything else,I would like to
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13 there and you haven't done it,or it's changed,then you've
13 children-hi,guys-who came down tonight,is they may not
14 got to prove it,and I didn't hear that,that's all.
14 have been here three years and two months ago.
15 CHAIR TALESFORE:Commissioner Bourgeois,was your 15 My point being that if skateboarding and
16 comment about what we're talking about,or can I have Vice-16 rollerblading are gaining in popularity,and more and more
17 chair Kane comment?Okay,vice-chair Kane.17 kids,and more and more ticked off adults,and more and more
18 COMMISSIONER KANE:I have the luxury of not being 18 /traffic jams,then we've got more kids headed for that park,
19 la lawyer,and so do most of the speakers,so I'm going to go 19 land there are specific numbers in this proposal that might
20 Iway out on a limb and for the first time in my life disagree 20 Ineed to be reexamined as then applies to safety,as then
21 Iwith Commissioner O'Donnell,not.21 /applies to traffic,parents stopping.If we've got twice as
22 If the speakers say if this and this and this,and 22 many skateboarders,50%more than was reported in the
23 if the speakers say if that,that,and that,you know it's 23 report,we may need to look at that.
24
my responsibility to apply what they say to the Mitigated 24
It has nothing to do with delaying the process.
25
Negative Declaration to know if there has been a change.I 25
This is due process,the fact that we had an apartment:
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complex like this about two years ago where the applicant
had came up for a second extension and town attorney said
well you know,sometimes we just give that first extension,
because they have a right to look for more financing and do
ORRY KORB:No.In fact the number of vehicles,
trucks,have gone down because of the sale of the Town's
Sanitary Sewer Division,and the total headcount in that
entire maintenance yard is down below what it was
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this and do that,and the second one was coming up,and I
units,and as a consequence the application was withdrawn,I
bit more touchy,because you've got the land lying fallow-he
And so in those other
Yes.ORRY KORB:
COMMISSIONER BOURGEOIS:
the CEQA documentation,and how does this differ?Is it
to a the need for an EIR,because in the past I know we've
cases it was not yet approved,so we took pause.
taken pause On certain projects and stepped back in light of
because the Mitigated Negative Declaration has already been
made?
substantial new evidence,taken a look at the adequacy of
Attorney,if you could talk a little bit about the CEQA
secondly,if I could get maybe clarification from the Town
previously.
COMMISSIONER BOURGEOIS:Okay,thank you.
threshold that tips it from a Mitigated Negative Declaration
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Thank you,Commissioner Kane.CHAIR TALESFORE:
What matters is that things do change over time.
think.
that may need to be reexamined,given the popularity of the
we have growing here and how many children we have.I think
In one.year things can change a lot.In three years they can
change a hell of a lot,especially with this town and what
sport.Why?Because it goes to safety.
didn't say that,I did-land lying fallow and things have
changed.well what had changed was the demand for rental
said,'How many?"and he said well the second one's a little
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ORRY KORB:That's correct.
19 COMMISSIONER BOURGEOIS:I have a couple of
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19 COMMISSIONER BOURGEOIS:So in light of that how
20 Icomments and questions for Staff mainly.
21 I First of all,we heard testimony that the types of
22 ,numbers of vehicles being used in the Corp Yard has changed.
20 Ido we view this new evidence?I mean if you can maybe
I'm not going to tell the Co~nissionerORRYKORB:
that.Commissioner O'Donnell has articulated a very
interesting analysis of how to determine whether a change
how to make a decision regarding the evidence.I cannot do
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mean we can get that out of the way.
I mean it's the Town's Corp Yard.Has there been a change?I
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has occurred,or how to determine whether evidence of a COMMISSIONER BOURGEOIS:But the point I wanted to
change has been presented.He's expressed his view.He has make is that substantial significant evidence on a topic
clearly stated to the rest of the Commission that you may does not have to come from a technical expert.
feel differently,but that's one Commissioner's view.The ORRY KORB:That's correct.You can be deemed an
rest of you have to decide this for yourself,you have to expert just based on your particular knowledge of the facts
weigh this evidence for yourself,you have to take into regarding a specific area,whether you're trained as one or
consideration whatever factors you believe make it possible not.
for you to determine whether a change in circumstances has CHAIR TALESFORE:I have a question for Mr.Korb,
occurred.I know it's difficult,but that's what you're paid I think.Well I'm not sure whom it would go to,but anyway.
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for.
CHAIR TALESFORE:Thank you.For that we want a
ORRY KORE:At the beginning of the hearing,and
to this CUP or not?
So if we did find some significant evidence that could
change the environment that we have,can conditions be added
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I mean to make theCOMMISSIONERBOURGEOIS:
raise.
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13 Con®issioners maybe feel a little better about weighing this
13 thank you,Commissioner O'Donnell,for clarifying what
14 evidence,I believe there is CEQA case law that upholds non-
14 said,because it's true,what I did at the beginning of the
15 technical evidence as substantial evidence.
15 discussion was read the language from the Code,and B2 of
16 ORRY KORE:Yeah,in the CEQA context,and you're 16 the Code does say,or at least does fairly clearly imply,
17 outside of that right now...17 that new conditions could be added regarding additional
18 COMMISSIONER BOURGEOIS:Right.18 Ifacts.But I would be very cautious to do that,because you
19 ORRY KORE:...but yes,in the CEQA context that is 19 Imay have additional facts,but you don't have a lot of study
20 Itrue.As a matter of fact I think sitting in the audience 20 Iwith regard to those facts,and you haven't had the
21 Isomeplace is somebody who probably knows quite a bit about 21 lopportunity to determine the impact of the kind of
22 that,former-Corrunissioner Burke,who once had an issue along 22 conditions you're talking about,so I'm just simply saying
23 those lines as well.23
yes,you have the authority,but cautioning you to be very
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circumspect about how you exercise that authority.
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CHAIR TALESFORE:Okay,Thank you very much.
think the Negative Declaration may be out of date,let's
commissioner O'Donnell,Micciche,and commissioner Sayoc.
COMMISSIONER O'DONNELL:Let me say this,that an
19 IBut I mean to sit here tonight and say golly,on what we've
therefore we should no longer rely on that out of date
Okay,thank you.
Actually,I can tell you
Commissioner Sayoc.
COMMISSIONER SAYOC:
ORRY KORB:Can you do that?Yes.
COMMISSIONER MICCICHE:
ORRY KORB:Well,your decision is final unless
CHAIR TALESFORE:
COMMISSIONER MICCICHE:Yeah,we can.Okay,and
COMMISSIONER MICCICHE:Thank you.I've got two
information.
like a continuance at the very least to receive that
the second one is what if we were to deny the continuance?
without having looked at the Negative Declaration in front
right now that I don't feel comfortable making a decision
Negative Declaration?Is this a plausible way to go?
What is the action that takes place after that?
appealed to Council.
others for Staff.What if the recommendation from the
commission were for a continuance so we could study the
CHAIR TALESFORE:Commissioner Micciche was next,
read it.
4 I followed by commissioner Sayoc.Then I'll saying something.
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20 Itonight's evidence I can certainly say that I can't make
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19 lof us.I wasn't here three years ago,and after hearing
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So I'm not on one side of the other of this thing,
I would suggest to you if that's the occasion it
tell you right away that the last time I looked at that
Negative Declaration.
the environmental documents are stale,at least I could then
light of what we've heard and decide whether we think that
continue this so we can look at the Negative Declaration in
might be nice if we read the Negative Declaration and
do it in good conscience and look at it and we could see.
compared it to the facts we are now hearing,because I can
leap.
'Negative Declaration was out of memory.So if people want to
Negative Declaration,although when we adopted it it was
it.That would mean that we would make a finding that the
environmental document can become too old,can become stale,
correct,et cetera,but there have been changes and
can become out of date,in which case we shouldn't rely on
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The second conunent:,I guess second quest:ion,is a COMMISSIONER MICCICHE:I'll second t:he mot:ion.
quest:ion of St:aff.How does approval or denial of the t:ime I'd like to have you add something t:o it t:hough as the
ext:ension affect:t:he February election?seconder,and that is that they also evaluate the evidence
ORRY KORB:I'm going to tell you not to take that that was presented tonight to aid us and assist us in
into consideration.Your issue is a land use issue and it's understanding if it is a change from the Negative
defined by the Code.The election issue is a separate one Declaration.Is that a possibility?
and really shouldn't:corne into play with regard to your COMMISSIONER KANE:1 'm overwhelmed.You've never
decision-making.seconded one of my motions in five years.
8
CHAIR TALESFORE:Commissioner Kane,and then COMMISSIONER MICCICHE:I know.It:'s t:he first:
Commissioner Micciche.
you want to make the motion?
see if it flies,see if I can get a second.Pardon me?Did
CHAIR TALESFORE:Thank you very much.
I accept the amendment.COMMISSIONER KANE:
time you've.been right.
Commissioner Kane,will you be accepting that:?
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I'm ready to make a motion andCOMMISSIONERKANE:
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13 CHAIR TALESFORE:No,I was referring to
13 CHAIR TALESFORE:Okay,Commissioner O'Donnell.
14 Commissioner Micciche.
14 COMMISSIONER O'DONNELL:I guess the one question
15 COMMISSIONER KANE:I move that we cont:inue the 15 I have,and I'll direct this to Staff.The CUP runs out on
16 Conditional Use Permit U-07-155 to a time certain,during 16 December 8~.Assuming we accept this for a date certain,you
17 which t:ime,if this is a reasonable request,Staff provide 17 know,it's not going to be next week or t:wo weeks from now
18 Ifor us please a summary of the comments tonight and a copy 18 I probably,if we were to deny it tonight,I have this
19 lof the Mit:igated Negative Declaration,so that:we can reread 19 Ipremonit:ion t:hat it:might:be appealed,and if it were
20 lit:and also consider that in light of t:he testimony we've 20 lappealed it might indeed get before the Council on or before
21 Ireceived t:his evening,and if we're not specific and limited 21 I December 8~,and if it got decided by the Council -at least
22 Ito that,let's just:see if things have changed in three 22 it would be a final determination,whereas when we make a
23 years and two months and if we have to revisit t:he whole 23 determination it doesn't necessarily come t:he final
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determination.
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COMMISSIONER MICCICHE:Good point:.
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COMMISSIONER O'DONNELL,And I guess I would hate ORRY KORB:Yes.
to see us kill this with kindness.I'm not suggesting that's
an anSwer,but it just occurred to me when we were doing
CHAIR TALESFORE:Yes.
COMMISSIONER O'DONNELL:So then I feel better.
10
for consideration.
COMMISSIONER MICCICHE,I'd like to get Staff's
runs out on December 8"and we have prevented it from
My concern is this,if I may,
COMMISSIONER MICCICHE:Yeah,agreed.
COMMISSIONER KANE:
COMMISSIONER KANE:And then if it has to go to
COMMISSIONER KANE:We have extended continuances
CHAIR TALESFORE:Okay,Commissioner Kane.
ORRY KORB:You did something like that once and I
which is something you can do under the Code.
goes to Council,I don't care.But I do want to do my job,
that date certain,so we have done it in the past,have we
be l2/l2?
was the commission granted an extension of less than a year,
offering that the continuance be terminated the day after
can't recall exactly how that went,but I think what you did
not?Couldn't we extend this to 12/13 and the date certain
question and it's a darn good one.I don't want to pass it
council for whatever reason,that's fine.Whether or not it
and Steve's brought up the Mitigated Negative Declaration
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4 IThank you.
November meeting,which is in two weeks.But I remember
would be 12/12,because that's our next date after the
for the convenience of the calendar before.In this case it
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If were we to take the
Do you have one more question?CHAIR TALESFORE:
COMMISSIONER O'DONNELL:
ORRY KORB:I am going to say contrary to the
CHAIR TALESFORE:That was a question of Staff.
think.But Mr.Tsuda did remind me that you have one meeting
time and have the one more meeting,and deny it,and it were
opinion of some,I've never told the Commission not to
be,but it is possible to give you that one more bite at the
possible.I don't know what scheduling problems there would
say.
scheduled between now and the expiration date,so it is
appealed,would that automatically stay the...
reaching finality,I'm going to think.So I throw that out
Korb can tell us don't think,but if the reality is that it
CHAIR TALESFORE:That was a question of Staff.
this,perhaps by saying let's study it some more,and Mr.
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20 lautomatically extended based on the fact that it's been
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onto them until we've decided that.What I need to do,Town
Attorney,is change my motion to include the twelfth?
CHAIR TALESFORE:Repeat your motion.
COMMISSIONER KANE:That we continue L~P U-07-l55
to a time certain.That we gather evidence.That we get what
was said here tonight as provided by Staff,and that we,as
Conooissioner Micciche said,take that into due
consideration.Study the Mitigated Negative Declaration and
see if anything has changed.Then we can decide the question
COMMISSIONER MICCICHE:No,that's more than fine.
CHAIR TALESFORE:Okay,I would support your
motion for the very same reason.We didn't have all the
information and we have new information being presented to
us.It'S hard to make a decision when you only have half of
a page in your hand.So okay,with that,Commissioners,I
will take the vote now.All in favor'?Opposed?None,Motion
carries 7-0 to continue this case.Thank you.
ORRY KORE:A reminder to the members of the
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and send .that to wherever it's going to go.I guess the
second plank of that then has to be that we on an ad hoc
basis just move the expiration from 12/8 to at least 12/13.
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audience,the Commission has voted to continue the
application to the November 14'"meeting.
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CHAIR TALESFORE:We have some clarification from
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Staff.Mr.Tsuda.
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RANDY TSUDA:I would recommend that you continue
it to the next meeting.You do have one meeting before this
permit expires.I would suggest you continue it to November
14.
COMMISSIONER KANE:Two weeks?
RANDY TSUDA:Two weeks.
CHAIR TALESFORE:Okay.
COMMISSIONER KANE:You think that's adequate time
for you to get the info we want?
RANDY TSUDA:We'll have to make that work.
COMMISSIONER KANE:That's okay with me.
CHAIR TALESFORE:Is that okay with the seconder?
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Item #2,41 Miles Avenue
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Date: October 17, 2007
For Agenda Of: October 24, 2007
Agenda Item: 2
REPORT TO
FROM:
LOCATION
FINDINGS:
The Planning Commission
Director of Community Development
41 Miles Avenue
Conditional Use Permit U-07-155
Requesting approval of a time extension to construct and operate a skate
park on property zoned RC. A Mitigated Negative Declaration has
previously been made for this proposal. APN 529-05-049.
PROPERTY OWNER/APPLICANT: Town of Los Gatos
DEEMED COMPLETE: October 11, 2007
FINAL DATE TO TAKE ACTION: December 8, 2007
As required by Section 29.20.325(b) of the Town Code for granting a time
extension.
ENVIRONMENTAL
ASSESSMENT: It has been determined that this project will not have a significant impact
on the environment and a Mitigated Negative Declaration has been
previously made for this proposal.
EXHIBITS: A. Required findings.
B. Recommended conditions of approval.
C. Schematic development plans.
A. BACKGROUND
On June 21, 2004, the Town Council held a public hearing regarding a potential skate park at the
Town-owned parking lot on Miles Avenue. Neighborhood meetings were held at the subject site
to obtain preliminary public input. Based on the preliminary site feasibility assessment and on
public input, Council directed staff to proceed with the design of a skate park at this location. On
August 16, 2004, Council directed staff to proceed with an application for a Conditional Use
Permit (CUP). On December 8, 2004, the Planning Commission approved the CUP. On
October 11, 2006, the Planning Commission granted a one year time extension that expires on
December 8, 2007.
ATTACHMENT 5
The Planning Commission - Page 2
41 Miles Avenue - U-07-155
October 24, 2007
B. REMARKS
1. Site
The Town is requesting approval of a time extension to the CUP to construct a skate park on
approximately 12,300 square feet of Town property. The site area is approximately 22,000
square feet and is currently used as a parking lot. The site is located immediately south of
Balzer Field (a baseball field), east of Los Gatos Creek and the Los Gatos Creek Trail, west
of Hwy. 17 and north of a Town yard used for landscaping supplies. One entrance to the
park will be at the southwest corner of the site (adjacent to the Los Gatos Creek Trail) and
the second entrance will be at the northeast corner of the site. The park will be enclosed by
an eight foot high chain link fence. A drop off zone and five parking spaces will be provided
along the eastern park boundary between the northeast entrance and Miles Avenue. The
plans provided at this time are schematic and the details of the final design will be developed
during the building permit process (Exhibit Q.
2. Use
Hours of operation will be during daylight hours, seven days a week. The park will be
supervised during the first year. Council will determine if the park will be supervised for the
following years. Signs will be posted requiring the proper use of safety equipment. At this
time, it is anticipated that skateboarders and in-line skaters would be allowed to use the park,
and BMX cyclists would be prohibited. It is anticipated that the maximum usage of the park
would be approximately 30 to 40 skaters at any given time during the first year, gradually
decreasing to an average usage of approximately 10 to 20 skaters thereafter. The skate park
will have street and bowl type features designed for all levels of users. Skate park features
will range in height from two to six feet and will be constructed primarily of concrete with
steel used only for the coping and rails. No excavation will be required to develop any of
these features. Approximately eight feet of fill will be required in some places to develop
the features.
3. Parkin
The existing parking lot contains approximately 34 spaces. The skate park will contain five
parking spaces. There will be a net loss of 29 off-street parking spaces. A parking study was
conducted for the original application to determine the existing parking demand along Miles
Avenue. The survey concluded that the parking demand on Miles Avenue is low and that the
on and off street parking demand is less than the existing available parking supply. Based on
the survey count results, it was determined that with the loss of 29 parking spaces, there will
be an adequate supply of parking spaces within the remaining Town lots on Miles Avenue
The Planning Commission - Page 3
41 Miles Avenue/U-07-155
October 24, 2007
(including holidays and special events). In addition, there is adequate on street parking
available on Miles Avenue if there is an unusually high peak parking demand.
The Town recently conducted a parking study for one work week in August between the
hours of 9 AM and 5 PM. Of the 34 parking spaces available in the parking lot, one to nine
spaces were occupied during this period. Of the 29 parking spaces available in the
Engineering Division parking lot, one to 20 spaces were occupied during this period. This
study did not include counts on the public street.
Another parking study was recently conducted during a work week in October at 11:00 AM
and 3:00 PM. Of the 34 parking spaces available in the parking lot, three to seven spaces
were occupied during these hours. Of the 29 parking spaces available in the Engineering
Division parking lot, 13 to 17 spaces were occupied during these hours.
Staff has determined that there is still an adequate supply of parking spaces within the
remaining Town lots on Miles Avenue.
C. TIME EXTENSIONS
On April 3, 2006, Council determined that two time extensions are considered reasonable and
appropriate to allow projects to move forward. Time extensions are not intended to provide an
opportunity to completely revisit an application. It is intended to provide an opportunity to
evaluate if the facts that existed at the time of approval have changed or if information that was
used to evaluate the project is outdated or if new conditions are warranted.
D. RECOMMENDATION
No changes are proposed to the project and the plans meet current Town requirements.
Consequently, staff recommends that the Planning Commission make the required findings for
the time extension (Exhibit A) and approve the extension subject to the conditions of approval
which have been modified to reflect the new expiration date if the extension is approved (Exhibit
B).
/7-COJA
Prepared y:
dy Bai , Associate Pla
Approved by:
Bud N. Lortz,
Director of Community Development
The Planning Commission - Page 4
41 Miles Avenue/U-07-155
October 24, 2007
BNL:SLB:ah
cc: Town Council
Pamela Jacobs, Interim Town Manager
Kevin Rohani, Interim Director of Parks and Public Works
N:\DE V\REPORTS\2007\miles4 l . doc
CONDITIONS OF APPROVAL
41 Miles Avenue
Conditional Use Permit U-07-155
Requesting approval of a time extension to construct and operate a skate park on property
zoned RC. A Mitigated Negative Declaration has previously been made for this proposal.
APN 529-05-049.
PROPERTY OWNER/APPLICANT: Town of Los Gatos
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below.
2. EXPIRATION: Zoning approval will expire on December 8, 2008, unless the approval
has been vested.
3. MULTI-USE FACILITY. Skateboarders, rollerbladers, and other skate type uses are
permitted. Bicycles will not be permitted.
4. HOURS. Hours of the skate park shall not exceed 9:00 AM to sunset during the summer
and on weekends and holidays. Hours of the skate park shall not exceed 3:00 PM to
sunset during the school session. The skate park shall be locked when the park is closed.
(Building Division)
5. *CULTURAL RESOURCES. In the event that archaeological traces are encountered, all
construction within a 50-meter radius of the find will be halted, the Community
Development Director will be notified, and an archaeologist will be retained to examine
the find and make appropriate recommendations.
6. *REMAINS. If human remains are discovered, the Santa Clara County Coroner will be
notified. The Coroner will determine whether or not the remains are Native American. If
the Coroner determines that the remains are not subject to his authority, he will notify the
Native American Heritage Commission, who will attempt to identify descendants of the
deceased Native Americans.
7. *REPORT. If the Community Development Director finds that the archaeological find is
not a significant resource, work will resume only after the submittal of a preliminary
archaeological report and after provisions for reburial and ongoing monitoring are
accepted. Provisions for identifying descendants of a deceased Native American and for
reburial will follow the protocol set forth in Appendix K of the CEQA Guidelines. If the
site is found to be a significant archaeological site, a mitigation program will be prepared
and submitted to the Community Development Director for consideration and approval,
in conformance with the protocol set forth in Section 15064.5 of the CEQA Guidelines.
8. *FINAL REPORT. A final report will be prepared when a find is determined to be a
significant archaeological site, and/or when Native American remains are found on the
site. The final report will include background information on the completed work, a
EXHIBIT B
description and list of identified resources, the disposition and curation of these
resources, any testing, other recovered information, and conclusions.
9. PERMITS REQUIRED: A building permit shall be required for the construction of the
future Skateboard Park. Separate permits are required for site retaining walls, electrical,
mechanical, and plumbing permits as necessary.
10. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full
on the cover sheet of the construction plans.
11. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
12. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, may be required to be
submitted with the building permit application. This report shall be prepared by a
licensed civil engineer specializing in soils mechanics. ALTERNATE: Design the
foundation for an allowable soils 1,000 psf design pressure. (Uniforin Building Code
Volume 2 - Section 1805)
13. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer
or land surveyor may be required to be submitted to the project building inspector at
foundation inspection. This certificate shall certify compliance with the
recommendations as specified in the soils report; and, the building pad elevation, on-site
retaining wall locations and elevations are prepared according to approved plans.
Horizontal and vertical controls shall be set and certified by a licensed surveyor or
registered civil engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
14. TITLE 24 - COMMERCIAL: For any proposed tenant improvements, on-site general
path of travel shall comply with the latest California Title 24 Accessibility Standards.
Work shall include, but not be limited to, accessibility to building entrances from parking
facilities and sidewalks.
15. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
The Town Special Inspection form must be completely filled-out, signed by all requested
parties and be blue-lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or online at www.losgatosca.gov.
16. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program shall be part of the plan submittal as
the second page. The specification sheet is available at the Building Division Service
Counter.
17. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a. Community Development: Sandy Baily at (408) 354-6873
b. Engineering Department: Fletcher Parsons at 395-3460
C. Parks & Public Works Department: (408) 399-5777
d. Santa Clara County Fire Department: (408) 378-4010
e. Santa Clara Valley Water District
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
18. PARKING. Parking access shall be reconfigured to be from the site. No backup
movements into Miles Avenue will be allowed.
19. RETAINING WALLS. A building permit, issued by the Building Department at 110 E.
Main Street, may be required for site retaining walls. Walls are not reviewed or approved
by the Engineering Division of Parks and Public Works during the grading permit plan
review process.
20. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications. All work shall conform
to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear
of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed
into storm drainage facilities. The storing of goods and materials on the sidewalk and/or
the street will not be allowed unless a special permit is issued. The developer's
representative in charge shall beat the job site during all working hours. Failure to
maintain the public right-of-way according to this condition may result in the Town
performing the required maintenance at the developer's expense.
21. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting an work pertaining
to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way.
Failure to do so will result in rejection ow work that went on without inspection.
22. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one acre. A maximum of two weeks is allowed between clearing of
an area and stabilizing/building on an area if grading is allowed during the rainy season.
Interim erosion control measures, to be carried out during construction and before
installation of the final landscaping shall be included. Interim erosion control method
shall include, but are not limited to: silt fences, fiber rolls (with locations and details),
erosion control blankets, Town standard seeding specification, filter berms, check dams,
retention basins, etc. Provide erosion control measures as needed to protect downstream
water quality during winter months. The grading, drainage, erosion control plans and
SWPPP shall be in compliance with applicable measures contained in the amended
provisions C.3 and C.14 of Order 01-024 of the amended Santa Clara County NPDES
Permit.
23. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed on the portion of
a street which abuts property in a residential zone without prior approval from the Town
Engineer 15.40.070).
24. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed.
25. STORM WATER MANAGEMENT PLAN. A storm water management shall be
included with the grading permit application for all Group 1 and Group 2 projects as
defined in the amended provisions C.3 C.3.d. of Order No. R2-2005-0035 of the amended
Santa Clara County NPDES Permit No. CAS029718. The plan shall delineate source
control measures and BMP's together with the sizing calculations. The plan shall be
certified by a professional pre-qualified by the Town.
26. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor
and home owner to make sure that all dirt tracked into the public right-of-way is cleaned
up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be
washed into the Town's storm drains.
27. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or
replace all existing improvements not designated for removal that are damaged or
removed because of developer's operations. Improvements such as, but not
limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised
pavement markers, thermoplastic pavement markings, etc. shall be repaired and
replaced to a condition equal to or better than the original condition. Existing
improvement to be repaired or replaced shall be at the direction of the
Engineering Construction Inspector, and shall comply with all Title 24 Disabled
Access provisions. Developer shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing
conditions.
28. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m.,
weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction,
alteration or repair activities shall be allowed. No individual piece of equipment
shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25)
feet. If the device is located within a structure on the property, the measurement
shall be made at distances as close to twenty-five (25) feet from the device as
possible. The noise level at any point outside of the property plane shall not
exceed eighty-five (85) dBA.
(Parks and Forestry Division)
29. FACILITY. The facility shall be owned and operated by the Town or its
designee.
30. *NOISE. The project contractor should be given the playing field schedule and
should try to avoid operation of heavy equipment during the hours when baseball
games are scheduled at this field whenever possible.
31. NOISE LEVELS. Noise levels shall be monitored on site, on Miles Avenue, and
on Edelen Avenue related to skateboarders and skate park users. Measures to
reduce noise levels shall be implemented if noise levels exceed the Town's noise
ordinance.
32. SAFETY MEASURES. Town staff shall explore and implement as appropriate,
methods to provide safety for skaters and users of the park who access the facility
from Miles Avenue and the Los Gatos Creek Trail.
33. NEIGHBORHOOD MEETING. Staff shall organize a neighborhood meeting
within one year of the opening of the skate park to determine whether operational
aspects of the skate park should be adjusted or new measures should be
implemented to address neighborhood concerns.
34. *PROTECTIVE FENCING. Trees to be retained shall be protected with fencing
that is placed as far from the trunks as possible.
35. *ROOT ZONE. No construction vehicle traffic, foot traffic, paint solvent, or
construction materials shall be allowed in the root zone.
36. *TRENCHES. Utility trenches within driplines shall be dug by hand.
37. *DRAINAGE.. Drainage patterns shall not be changed around existing trees to be
retained such that the health of the trees would not be adversely affected; water
will not be allowed to pond under tree canopies.
38. *PRUNING. All pruning of existing trees shall be performed by a certified
arborist and approved by the Town Parks and Public Works Department prior to
work.
39. *GRADES. Grades shall not be changed around existing trees such that the
health of the trees would be adversely affected.
*Required Mitigation Measures
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Date: November 1 2007
For Agenda Of: November 14, 2007
Agenda Item: 2
REPORT TO
FROM:
LOCATION:
FINDINGS:
ENVIRONMENTAL
The Planning Commission
Director of Community Development
41 Miles Avenue
Conditional Use Permit U-07-155
Requesting approval of a time extension to construct and operate a skate
park on property zoned RC. A Mitigated Negative Declaration has
previously been made for this proposal. APN 529-05-049.
PROPERTY OWNER/APPLICANT: Town of Los Gatos
DEEMED COMPLETE: October 11, 2007
FINAL DATE TO TAKE ACTION: December 8, 2007
As required by Section 29.20.325(b) of the Town Code for granting a time
extension.
ASSESSMENT: It has been determined that this project will not have a significant impact
on the environment and a Mitigated Negative Declaration has been
previously made for this proposal.
EXHIBITS: A -C Previously Submitted.
D. Required findings.
E. Initial Study and Mitigated Negative Declaration.
F. Email from Larry Justo Arzie (one page) received October 30,
2007.
G. Planning Commission Report for meeting of October 24, 2007
A. BACKGROUND
The Planning Commission considered this matter on October 24, 2007. The Commission
accepted public testimony and closed the public hearing. The Commission continued the matter
to allow the Commission time to review the environmental documents prepared for the original
Conditional Use Permit (CUP) in 2004 and to allow staff time to prepare a response to the
concerns raised during the public hearing.
B. REMARKS
The most significant issues raised during the public hearing were parking, traffic and noise.
These three issues will be addressed in the following sections. Each section will summarize the
ATTACHMENT 7
The Planning Commission - Page 2
41 Miles Avenue/U-07-155
November 14, 2007
Initial Study performed for the original CUP approval, briefly summarize concerns expressed
during public testimony, and provide staff's conclusion.
1. Parking Availability
The key parking issue to determine is whether or not the available parking supply along
Miles Avenue is greater than the demand for on and off-street parking. The Planning
Commission and staff concluded this was the case in 2004. The issue is not whether or
not the parking lot where the skate park is proposed is used.
a. Initial Study
A parking study was conducted for the original application which is discussed on
pages 20 and 21 of the Initial Study (Exhibit E). This study was conducted between
March 16 and 24 of 2004 and included weekday and weekend counts from 7:00 AM
to 5:00 PM. Of the 34 parking spaces available in the parking lot, zero to 16 spaces
were occupied during this period. Of the 29 parking spaces available in the
Engineering Division parking lot, five to 15 spaces were occupied during this period.
The Initial Study noted that the existing on and off street parking demand along Miles
Avenue is less than the available parking supply. This is due to the available 56 on-
street parking spaces which are adequate to accommodate the net loss of 29 parking
spaces at the subject site.
b. 2007 Parking Counts
Recent parking counts were taken by Town staff to determine if the current parking
situation is consistent with parking information contained in the Initial Study. In
response to public concerns at the hearing that counts were not taken during the
weekend, Town staff took counts for the weekend of October 27, 2007 between the
hours of 9 am and 5 pm. On Saturday, five to 14 vehicles occupied the lot and on
Sunday, 13 to 26 vehicles occupied the lot. This weekend count indicates that there
were vacant spaces in the lot. Therefore, the parking demand could be met with the
elimination of the 29 parking spaces due to the availability of the 56 on-street parking
spaces,
c. Public Testimony
The photographs submitted by the public at the last hearing on this matter, do not
document the number of parking spaces that are occupied. Therefore, it is difficult to
extrapolate parking counts from the photographs to compare to the actual parking
The Planning Commission - Page 3
41 Miles Avenue/U-07-155
November 14, 2007
counts that were taken. The majority of the photographs taken indicate that numerous
vacant spaces are available in the parking lot during the weekday and weekend which
is consistent with the parking counts taken for the project in 2004 and 2007. It is
questionable what year one of the photographs was taken since the date and the day
noted, do not match for the year 2007. There is one photograph taken on Saturday,
July 14, 2007 where the parking lot appears to be almost full.
d. Staff Conclusion
Based on the recent parking counts taken and the photographs submitted by the
public, staff has determined that there is no new evidence to document that the
existing on and off street parking demand along Miles Avenue is less than the
available parking supply. The subject parking lot on average is not used to its fullest
capacity and 56 on-street parking spaces are still available to accommodate the net
loss of the 29 parking spaces. Even if the lot was fully used, as stated above, there is
adequate parking available along Miles Avenue. In addition, there have been no new
significant public events that have begun since 2004 and no new retail square footage
has been added in the downtown area.
2. Traffic
a. Initial Study
The Town's Traffic Policy requires a preparation of a detailed traffic study for any
project with the potential to generate 20 or more additional morning peak hour trips
(7 AM to 9 AM) or afternoon peak hour trips (4 PM to 6 PM). The project was
estimated to generate a maximum of 30 trips per day with approximately five trips
during the PM peak hour. Since the project is expected to generate fewer than 20 AM
or PM peak hour trips, a detailed traffic study was not required. Staff is not aware of
any evidence which documents an increase or a decrease in the number of skate
boarders.
b. Public Testimony
At the last Planning Commission hearing on this matter, the public questioned why a
traffic study was not prepared for the original application and stated that there has
been a traffic increase since 2004, primarily associated with traffic from the Town's
Corporation yard. The public also expressed the concern that the increase in traffic
exacerbated the traffic safety problems that exist on Miles Avenue.
The Planning Commission - Page 4
41 Miles Avenue/U-07-155
November 14, 2007
c. Traffic Safety
Between January 1, 2004 and October 21, 2007, a total of five contacts were made to
the Los Gatos-Monte Sereno Police Department regarding accidents on Miles
Avenue. Of the five accidents, only one report was made for an accident that
occurred at the intersection of Edelen Avenue and Miles Avenue. This accident was
a result of a piece of construction equipment hitting two vehicles. Two other
accidents involved vehicles backing into or hitting a parked vehicle. Another
accident involved a garbage truck backing into a vehicle. No details were provided
for another accident that occurred at the intersection of Miles and University Avenues
since both parties exchanged information. No accidents have been reported in the
project vicinity regarding Town Corporation Yard vehicles or Los Gatos Creek Trail
users.
d. Staff Conclusion
Since the approval of the original application, staff estimates there has been a
decrease in daily trips on.Miles Avenue. This decrease is due to the reduction of
seven full time Town employees and additional part time employees at the
Corporation Yard and the transfer of the sanitary sewer maintenance function to West
Valley Sanitation District whose offices are located in Campbell. Staff estimates that
the average daily trips from the Corporation Yard have been reduced by eight to 14
trips.
Staff has not identified new evidence to support the conclusion that traffic conditions
on Miles Avenue have changes significantly over the past three years. Police
Department records also do not point to a traffic safety issue associated with the
location of the skate park and/or Creek Trail users.
3. Noise Impact
a. Initial Study
Existing noise at the project site is dominated by noise generated by Highway 17. A
noise study was conducted which is discussed on pages 14 through 18 of the Initial
Study (Exhibit E). At the time of the study, existing noise levels at the subject site
were 65.7 dBA (daytime Leq). State noise guidelines indicate that noise levels up to
70 dBA (Ldn) are considered normally acceptable for neighborhood parks. The
Town's General. Plan indicates a noise goal (not a standard) of 55 dBA (Leg24) for
developed parks. The existing Balzer Field is located adjacent to the subject site and
is exposed to similar freeway noise levels.
The Planning Commission - Page 5
41 Miles Avenue/U-07-155
November 14, 2007
In determining potential noise levels from the proposed skate park, noise measurements
from three different existing skate parks were reviewed and the highest measured noise
levels were applied to determine the worse case scenario. It was determined that peak
noise levels generated by skater boarders could approach or slightly exceed existing noise
levels at the closest residential units and Balzer Field users. However, the overall
increase to daytime levels would be less than 1 dBA, which is considered to be less than
significant. In addition, combined noise levels (existing plus the project) would still be
considered acceptable when compared to State noise guidelines for residential and park
uses.
The Initial Study also evaluated the potential noise impact from skateboarders passing-by
residences along Miles and Edelen Avenues. The Initial Study stated that residences
along Miles and Edelen Avenues may experience a brief noise increase of approximately
1.8 dBA from a skateboard rolling on cement. As stated above, the noise level increase
would be less than significant and is acceptable by State noise guidelines.
b. Public Testimony:
Speakers expressed concerns with noise coming from the skate park site as well as noise
from skateboarders traveling to and from the park.
c. Staff Conclusion:
The Initial Study evaluated noise from the skate park and from skateboarders accessing
the park on Miles and Edelen Avenues. The Study determined that the noise impact
would be 1 and 1.8 dBA, respectively. The increase is not significant and is not
perceptible to most people.
Based on testimony, staff has not identified evidence that demonstrates that noise
conditions have changed significantly over the past three years.
C. RECOMMENDATION
Final action must be taken at this hearing due to expiration of the current CUP. No changes are
proposed to the project and the plans meet current Town requirements. There is no new
evidence that conditions have changed to invalidate the previous data regarding this project.
Consequently, staff recommends that the Planning Commission make the required findings for
the time extension (Exhibit D) and approve the extension subject to the conditions of approval
which have been modified to reflect the new expiration date if the extension is approved (Exhibit
B).
The Planning Commission - Page 6
41 Miles Avenue/U-07-155
November 14, 2007
Prepared by:
Sandy Baily, Associate Planner
BNL:SLB:ah
cc: Town Council
Pamela Jacobs, Interim Town Manager
Kevin Rohani, Interim Director of Parks and Public Works
N ADEV\REPORTS\2007\miles41. l .doc
Bud N. Lortz,
Director of Community Development
REQUIRED FINDINGS FOR:
41 Miles Avenue
Conditional Use Permit U-07-155
Requesting approval of a time extension to construct and operate a skate park on property
zoned RC. A Mitigated Negative Declaration has previously been made for this proposal.
APN 529-05-049.
PROPERTY OWNER/APPLICANT: Town of Los Gatos
FINDINGS
Sec. 29.20.325 (b). Time extensions.
Before granting an extension of time the deciding body must find from the evidence:
(1) There would be no legal impediment to granting a new application for the same
approval.
(2) The conditions originally applied or new conditions to be applied as a part of the
extension approval are adopted to any new facts concerning the proposed project.
N:\DEVT1NDING S\mi1es41.1. doc
EXHIBIT D
Initial Study
Los Gatos Skate Park
41 Miles !venue
Los Gatos, California
Conditional Use Permit U-05-008
Prepared for
Town of Los Gatos
Community Development Department
Civic Center
110 E. Main Street
Los Gatos, CA 95031
November 2004
RECEZ,
L-J Vt
NO V 0 4 2004
TOWN OF SUS GAT Prepared by
PANNING DIVI'NS Geier & Geier Consulting, Inc.
P.O. Box 5054
Berkeley, CA 94705-5054
510/6442535
EXHIBIT B
Town of Los Gatos
Community Development Department
Environmental Checklist Form
1. Project Title: Los Gatos Skate Park
41 Miles Avenue
Conditional Use Permit U-05-008
2. Lead Agency Name and Address: Town of Los Gatos
Community Development Department
110 East Main Street
Los Gatos, CA 95031
3. Contact Person and Phone Number: Sandy Baily, 408/354-6873
4. Project Location: 41 Miles Avenue (Figure 1)
Assessor's Parcel Numbers: 529-05-049
5. Project Owner/Applicant's
Name and Address: Town of Los Gatos
6. General Plan Designation: Open Space
7. Zoning: RC, Resource Conservation
Description of Project: The Town of Los Gatos proposes to construct a skate park on the southerly
portion of a 4.3-acre parcel that is currently developed with a parking lot, Balzer Field (an existing
baseball field), and the Town's corporation yard. The proposed skate park would be located
immediately south of Balzer Field and east of the Los Gatos Creek Trail. Miles Avenue forms
the site's eastern and southern boundaries.
The skate park area would be approximately 12,300 square feet with additional area for concrete
approaches to the skate park. The site area is approximately 22,000 square feet and currently used as
a parking lot. The proposed plan indicates two entrances, off-street parking, drop-off zone, and
various skate park features. One entrance would be at the southwest corner of the site (adjacent to the
Los Gatos Creek Trail) and the second entrance would be at the northeast corner of the site. The park
would be enclosed by an eight-foot high, chain link fence with gate accesses at both entrances. A
drop-off zone and five parking spaces would be provided along the eastern park boundary between
the northeast entrance and Miles Avenue. It should be noted that the proposed features described
herein are approximate only and subject to change as part of the detail development in the final design
phase to follow.
Hours of operation would be during daylight hours, seven days a week. Signs would be posted
requiring proper use of safety equipment, although it has not been determined if the park would
be supervised when it is open. It is anticipated that skateboarders and in-line skaters would be
allowed to use the park, but BMX cyclists would not be allowed. While it is difficult to accurately
predict usage of the skate park, it is anticipated that maximum peak usage would be
approximately 30 to 40 skaters at any given time during the first year, gradually decreasing to an
average usage of approximately 10 to 20 skaters thereafter.
November, 2004
Source: Geier & Geier Consulting, Inc. (2004)
Project Site
*60 Ag
Los Gatos Skate Park, 41 Miles Avenue, Los Gatos, California No Scale ~ ~Y
Project Location Figure t
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
The proposed design would have both street features and bowl-type features. The park would be
designed for all levels of riders (beginning, intermediate, and advanced). The park could include the
following features:
Pools (2)
13 Mini Half-Pipe
Peninsula
Hubba Bank with Rail and Ledges
Square Volcano
Half Pyramid
Driveway
a Knife
Bleachers
Fish Ladder
13 Benches
Pools would have transitions of varying radii and would be three to five feet deep. The Hubba Bank
would be approximately six high with grinding rails and ledges. The Square Volcano would be
approximately two feet high, while the Peninsula would be approximately four and one-half feet high.
Park features would be constructed primarily of concrete with steel used only for the coping and rails.
No excavation would be required to develop these features. The existing asphaltic concrete (AC)
pavement (about two inches) would be removed, soils would be compacted, and a concrete slab
would be placed over compacted soils. The base of the pool would be at the existing surface
elevation. Up to approximately eight feet of fill would be placed in some places to develop proposed
features. Park development would also include provision of landscaping along the Miles Avenue
street frontage.
9. Surrounding Land Uses and Setting: The project site is comprised of a ±22,000 square-foot area (0.5
acre) located at the southeast end of Miles Avenue. The site is currently developed as a parking lot,
serving the Los Gatos Creek Trail and Old Town Center (as an overflow lot during the holidays). The
project site is bounded by Balzer Field (a baseball field) on the north, Miles Avenue on the east
and south, and Los Gatos Creek Trail on the west. Los Gatos Creek is located west of the trail.
10. Other agencies whose approval is required (e.g., permits, financing approval, or participation
agreements): Santa Clara Valley Water District.
Environmental Factors Potentially Affected:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages:
Aesthetics
Agriculture Resources
Air Quality
X
Biological Resources
X
Cultural Resources
Geology/Soils
Hazards & Hazardous Materials
Hydrology/Water Quality
Land Use/Planning
Mineral Resources
Noise
Population/Housing
Public Services
Recreation
Transportation/Traffic
Utilities/Service Systems
Mandatory Findings of Significance
November, 2004
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Determination: (to be Completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
X
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project 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 proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided
or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions
or mitigation measures that are imposed upon the proposed project, nothing further is required.
/4,
Date
No veinber. 2004 4
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Issues (and Supporting Information Sources)
Evaluation of Environmental Impacts
Issues:
Potentially
Significant
Potentially Impact Unless
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Impact
1. Aesthetics - Would the project:
a) Have a substantial adverse effect on a scenic vista?
X
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
X
within a state scenic highway?
c) Substantially degrade the existing visual character or
X
quality of the site and its surroundings?
d) Create a new source of substantial light or glare which
X
would adversely affect day or nighttime views in the area?
The project site slopes gently to the east and is covered by AC pavement. There are approximately three
small trees located along the site's Miles Avenue frontage and two small trees along the northern
boundary (adjacent to Balzer Field). 'T'hese trees are too small to provide visual screening so the site is
visible from Balzer Field and Miles Avenue. Mature trees along the east side of Los Gatos Creek Trail
and along the west side of the Highway 17 freeway screen views of most of the project site from the
freeway as well as from residential uses to the west. Fencing and trees partially screen views of the site,
from Los Gatos Creek Trail.
The views of the project site from the single-family residences and apartments to the west and southwest
(across Los Gatos Creek) would change from filtered views of a paved parking lot to filtered views of the
concrete, skate park features. This change would not significantly degrade the existing visual character of
the site and it surroundings. Project development would not remove any existing trees on the site and
would include planting of trees and landscaping along the site's southern and eastern perimeter. Proposed
landscaping would eventually help screen views of the park from Miles Avenue and areas to the west.
Residences to the west are located uphill of the site and they overlook the project site and areas to the
east. Although elevations on many parts of the project site would be raised (as much as eight feet in some
areas near the western boundary) as part of project development, these residences are high enough so that
proposed filling is not expected to interfere with these scenic distant views.
There is an existing pole-mounted security light in the center of the parking lot. Since the proposed skate
park would only be open during the daylight hours, only security lighting is proposed. Therefore, the
project is not expected to significantly increase nighttime lighting in the site vicinity. Also, the Zoning
Ordinance (Section 29.10.09035) prohibits the production of direct or reflected glare (such as that
produced by floodlight) onto any area outside the project boundary. Existing trees located along Los
Gatos Creek would also help partially screen views of project lighting.
11. Agriculture Resources - Would the project:
FConvert rime Farmland, Unique Farmland, o r Farmland
de Importance (Farmland), as shown on the maps X
ursuant to the Farmland Mapping and
g Program of the California Resources Agency,
to non-agricultural use?
November, 2004
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Issues (and Supporting Information Sources)
Potentially
Significant
Potentially Impact Unless
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Imp;ict
b) Conflict with existing zoning for agricultural use, or a
X
Williamson Act contract?
c) Involve other changes in the existing environment which,
X
due to their location or nature, could result in conversion of
Farmland, to non-agri cultural use?
The project site is currently developed as a parking lot, and the site's agricultural potential is limited by
its small size as well as the proximity of existing residential development to the west, the ballfield and
Town corporation yard to the north, and freeway to the east. Since the site is not in agricultural use, the
project would not adversely affect any existing agricultural operations.
III. Air Quality - Would the project:
a) Conflict with or obstruct implementation of the applicable
X
air quality plan?
b) Violate any air quality standard or contribute substantially
X
to an existing or projected air quality violation?
c) Result in a cumulatively considerable net increase of any
X
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions, which
exceed quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
X
concentrations?
e) Create objectionable odors affecting a substantial number
X
of people?
Since the park is expected to be used by 30 to 40 skaters at any given time during the first year and 10 to
20 skaters thereafter, the level of vehicular traffic generated by the park on an hourly or daily basis would
be relatively low. The Town estimates a maximum of 30 vehicles per day could be generated by the park,
particularly since some skaters are expected to access, the park by skating to the park rather than by car.'
The BAAQMD threshold level for potential significance is approximately 2,000 trips per day. a At or
above this level, traffic generated by a project could produce air quality problems, and an air quality
impact assessment would need to be prepared and submitted to the BAAQMD for review. The proposed
park is expected to generate traffic levels well below the BAAQMD significance threshold. It should also
be noted that provision of skate facilities in the Town would give Los Gatos residents more convenient,
closer access to such facilities. Increased local access could reduce regional emissions since residents
would not have to travel to adjacent or nearby communities to use skate facilities.
Proposed filling activities would generate short-term emissions of criteria pollutants, including suspended
and inhalable particulate matter and equipment exhaust emissions. If the adjacent ball field is in use when
project construction activities are occufring, players could be exposed to temporary increases in dust,
which includes inhalable particulates (PMto). The BAAQMD does not require quantification of
construction emissions, but considers any project's construction-related impacts (including PM,o
emissions) to be less than significant if required dust-control measures are implemented.' The Town's
November, 2004
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Issues (and Supporting Information Sources)
Potentially
Significant
Potentially Impact Unless
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Impact
standard conditions for any project require implementation of the BAAQMD's standard dust control
measures (which are required on sites of three acres or less), which would mitigate the project's
construction-related air quality impacts to a less-than-significant level.
IV. Biological Resources - Would the project:
I
a) Have a substantial adverse effect, either directly or through
l
X
habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or
regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian habitat or
X
other sensitive natural community (i.e., aquatic and wetland
habitat) identified in local or regional plans, policies,
regulations or by the California Department of Fish and
Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally protected
X
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of any native
X
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
X
biological resources, such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted Habitat
X
Conservation Plan, Natural Community Conservation Plan,
or other approved local, regional, or state habitat
conservation plan?
Policies 11 and 12 of the Open Space Element of the Los Gatos General Plan emphasize preservation of
public and private landscaping. The Los Gatos Tree Protection Ordinance states that one or more
replacement trees of a species and size designated by the Parks and Public Works Department may be
required for tree removals. The Los Gatos Landscaping Policy states that any tree over 12 inches in
circumference that is removed by a project shall be replaced with a minimum of two 24-inch box trees (up
to six trees depending on size of removed tree). When it is not possible to replace trees removed at a 3:1
ratio, the new trees planted are required to be larger in size than 15 gallons to adequately mitigate for
those trees removed; this policy satisfies the Town Tree Protection Ordinance and Town Landscaping
Policy.
The project site is a paved parking lot with various trees (landscape species and oaks) located along the
site perimeter. The Town anticipates that all reasonable efforts will be made to preserve existing trees.
However, any tree removals and the project's landscaping plan, when it is developed, will need to meet
November, 2004 7
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Potentially
Significant
Potentially Impact Unless Less Than
Issues (and Supporting Information Sources) Significant Mitigation Significant No
Impact Incorporated Impact Impact
the Town's Tree Protection Ordinance and Landscaping Policy. The Parks and Public Works Department
will ultimately determine the adequacy of the proposed planting plan and require appropriate plantings to
ensure compliance with the Tree Protection Ordinance.
Existing trees on the site would be retained as part of the project development. However, these trees
could be subject to damage during project construction. The following measures will be required to
ensure that any trees to be retained are adequately protected:
1. Trees to be retained shall be protected with fencing that is placed as far from the trunks as possible.
2. No construction vehicle traffic, foot traffic, paint solvent, or construction materials shall be allowed
in the root zone.
3. Utility trenches within driplines shall be dug by hand.
4. Drainage patterns shall not be changed around existing trees to be retained such that the health of
the trees would not be adversely affected; water will not be allowed to pond under tree canopies.
5. All pruning of existing trees shall be performed by a certified arborist and approved by the Town
Parks and Public Works Department prior to work.
6. Grades shall not be changed around existing trees such that the health of the trees would not be
adversely affected.
V. Cultural Resources - Would the project:
a) Cause a substantial adverse change in the significance of a
X
historical resource as defined in 15064.5?
b) Cause a substantial adverse change in the significance of
X
an archaeological resource pursuant to 15064.5?
c) Directly or indirectly destroy a unique paleontological
X
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
X
outside of formal cemeteries?
A cultural resources evaluation was completed in 1998 for a development proposal at 71 Miles Avenue,
approximately 500 feet north of the site.' The research included an archival search of State records,
which revealed no recorded prehistoric or historic cultural resources within the area. However, there are
recorded and unrecorded sites in this vicinity and the project area is also located along a known route of
Native American movement over the Santa Cruz Mountains. In addition, this area is located adjacent to
Los Gatos Creek, and lands in the Santa Clara Valley have frequently revealed prehistoric deposits buried
beneath alluvial soils. Although there is a high potential for buried prehistoric cultural resources within
the project area, the project would have a low potential for encountering such resources because only
minimal surface grading would occur to remove existing AC pavement, and fill was placed over the site
when the Los Gatos Creek flood control project was constructed (prior to paving).5 Only minimal surface
grading along the Miles Avenue frontage would be required for installation of landscaping, but there is
always a very small possibility that such grading could reveal archaeological materials buried under the
gravel. Therefore, the following mitigation measures will be required:
November, 2004
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Potentially
Significant
Potentially Impact Unless Less Than
Issues (and Supporting Information Sources) Significant Atigatiion Significant No
Impact Incorporated Impact Impact
7. In the event that archaeological traces are encountered, all construction within a 50-meter radius of
the find will be halted, the Community Development Director will be notified, and an archaeologist
will be retained to examine the find and make appropriate recommendations.
8. If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will
determine whether or not the remains are Native American. If the Coroner determines that the
remains are not subject to his authority, he will notify the Native American Heritage Commission,
who will attempt to identify descendants of the deceased Native Americans.
9. If the Community Development Director finds that the archaeological find is not a significant
resource, work will resume only after the submittal of a preliminary archaeological report and after
provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants
of a deceased Native American and for reburial will follow the protocol set forth in Appendix K of the
CEQA Guidelines. If the site is found to be a significant archaeological site, a mitigation program
will be prepared and submitted to the Community Development Director for consideration and
approval, in conformance with the protocol set forth in Section 15064.5 of the CEQA Guidelines.
10. A final report will be prepared when a find is determined to be a significant archaeological site,
and/or when Native American remains are found on the site. The final report will include
background information on the completed work, a description and list of identified resources, the
disposition and curation of these resources, any testing, other recovered information, and
conclusions.
VI. Geology and Soils - Would the project expose people or
structures to potential substantial adverse effects, including
the risk of loss, injury, or death involving:
a) Rupture of a known earthquake fault, as delineated on the
X
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the v :ate Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
b) Strong seismic ground shaking?
X
c) Seismic-related ground failure, including liquefaction?
X
d) Landslides?
X
e) Result in substantial soil erosion or the loss of topsoil?
X
f) Be located on a geologic unit or soil that is unstable, or that
X
would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
g) Be located on expansive soil, as defined in Table 18-1-B of
X
the Uniform Building Code (1994), creating substantial
risks to life or property?
h) Have soils incapable of adequately supporting the use of
X
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water?
November, 2004 9
Initial Study - Los Gatos Skate Park, 41 Alliles Avenue
Issues (and Supporting Information Sources)
Potentially
Significant
Potentially Impact Unless
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Impact
A review of the Town's hazards maps' indicates that the project site has a moderate shrink-swell
potential, high potential for liquefaction, high potential for fault rupture, and moderate to high potential
for seismic shaking. Due to the site's relatively level topography, no erosion, slope stability, or debris
flow hazards were identified for the site. The Town's Fault Map indicates that the site is not Located in an
area where there has been a concentration of co-seismic ground deformation. Lineation indicative of
faulting is not indicated on the project site.7 Although there could be a potential for surface fault rupture
at the site, the proposed skate park use would not expose people or structures to significant risks (i.e., risk
of loss, injury, or death). Potential impacts associated with grading, erosion, and soil constraints would
be minimized since surface grading would be limited to removing the AC pavement (approximately two
inches) and compacting the soils. In addition, the Town will require preparation of an interim erosion
control plan to minimize erosion hazards. Preliminary results of a detailed soils investigation of the site
indicate that soils are not expansive and bearing capacity is adequate for the proposed use.'
VII. Hazards and Hazardous Materials - Would the
project:
a) Create a significant hazard to the public or the environment
X
through the routine transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public or the environment
X
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
X
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
X
hazardous materials sites compiled pursuant to Government
Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
e) For a project located within an airport land use plan or,
X
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
result in a safety hazard for people residing or working in
the project area?
f) For a project within the vicinity of a private airstrip, would
X
the project result in a safety hazard for people residing or
working in the project area?
g) Impair implementation of or physically interfere with an
X
adopted emergency response plan or emergency evacuation
plan?
h) Expose people or structures to a significant risk of loss,
X
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
November, 2004 10
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Potentially
Significant
Potentially Impact Uniess Less Than
Issues (and Supporting Information Sources) Significant Mitigation Significant No
Impact Incorporated Impact Impact
The project site is not included on any Hazardous Wastes and Substances Sites List.9 The site is currently
covered with AC pavement and used as a parking lot. Project development would involve only minor
surface grading to remove the AC pavement and accommodate proposed landscaping. By limiting
surface grading, the potential for encountering any unknown hazardous wastes or materials in the soils or
groundwater, if they are present, would be minimized to a less-than-significant level.
VIII. Hydrology and Water Quality - Would the project:
a) Violate any water quality standards or waste discharge
X
requirements? (Consideration shall be given to water
bodies on the Clean Water Act Section 303(d) list, as well
as the potential for conflict with applicable surface or
ground water receiving water quality objectives or
degradation of beneficial uses).
b) Substantially deplete groundwater supplies or interfere
X
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production rate
of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing drainage pattern of the site
X
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of the site
X
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner, which would result in
flooding on- or off-site?
e) Create or contribute runoff water which would exceed the
X
capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water quality?
X
g) Place housing within a 100-year flood hazard area as
X
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
h) Place within a 100-year flood hazard area structures, which
X
would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss,
X
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
X
November, 2004 11
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Potentially
Significant
Potentially Impact Unless Less Than
Issues (and Supporting Information Sources) Significant Mitigation Significant No
Impact Incorporated Impact Impact
The Santa Clara Valley Water District (SCVWD) has jurisdiction over Los Gatos Creek, which is located
west of the project site. According to the Federal Emergency Management Agency's Flood Insurance
Rate Map, the project site is located outside the 100-year floodplain of Los Gatos Creek.1o Since the
project is located within 50 feet of Los Gatos Creek, the project will require review and permit approval
by the Santa Clara Valley Water District (SCVWD).
At present, the 0.5-acre project site is almost completely covered with AC pavement. Surface runoff
generated on the site flows eastward (away from Los Gatos Creek), then northward along the west side of
Miles Avenue. North of the site, it enters a drainage inlet located on the west side of Miles Avenue and
crosses under Miles Avenue to its east side. It continues to flow northward along an open drainage
channel and eventually discharges to Los Gatos Creek. Since the site is already covered with impervious
surfaces, development of the skate park would not significantly increase downstream peak flows.
New, more stringent water quality regulations of the Clean Water Act have recently been triggered
because the National Pollutant Discharge Elimination (NPDES) permit program has failed to protect
beneficial uses of Santa Clara County's creeks and the South San Francisco Bay, as evidenced by such
observations as violations of ambient water quality criteria, high concentrations of toxic substances, and
fish consumption health advisories. These new regulations require that all discharges shall comply with
Provision C.3, New and Redevelopment Performance Standards of Order No. 01-024 of the NPDES
permit program.
The project site is located within the Los Gatos Creek watershed and runoff from the site ultimately
discharges into Los Gatos Creek (north of the site) and eventually into the Bay. Los Gatos Creek is on
the Clean Water Act Section 303(d) List of Water Quality Limited Segments due to the presence of
diazinon, a pesticide, and its primary source is identified as urban runoff and storm drains. Best
Management Practices (BMPs) outlined by the Santa Clara Valley Urban Runoff Pollution Prevention
Program (SCVURPPP) for treatment control of pesticides are bioretention, infiltration, and media filter
with adsorption/absorption as the removal process. As a condition of project approval, the Town will
require: (1) preparation and submittal of interim and final erosion control plans to the Engineering
Division of the Parks and Public Works Department; and (2) implementation of non-point source
pollution prevention BMPs such as directing runoff from the skate park to bio-swales or landscaped areas
to reduce pollutant levels in the water that will eventually be discharged to Los Gatos Creek. A Storm
Water Pollution Prevention Plan (SWPPP) would be required and would be prepared by the Town as part
of the Town's Corporation Yard SWPPP (located north of Balzer Field).
IX. Land Use and Planning - Would the project:
a) Physically divide an established community?
X
b) Conflict with any applicable land use plan, policy, or
X
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
c) Conflict with any applicable habitat conservation plan or
X
natural community conservation plan?
November, 2004 12
Initial Study -Los Gatos Skate Park, 41 Miles Avenue
Issues (and Supporting Information Sources)
Potentially
Significant
Potentially Impact Unless
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Impact
The project site is zoned RC, Resource Conservation. One of the purposes of this zone is to provide for
open space in the form of parks, playgrounds, and other community facilities. Parks and playgrounds are
a conditional use within the RC zone. Therefore, the proposed skate park would require a Conditional Use
Permit.
The Los Gatos General Plan designates the project site as "Open Space." This designation identifies the
location of public parks, open space preserves, private preserves, and stream corridors. The proposed
skate park use would be consistent with this land use designation.
The site is currently developed as a parking lot, serving the Los Gatos Creek Trail and Old Town Center
(as an overflow lot during the holidays). Project development would result in the loss of off-street parking
spaces at the site, and the potential parking impacts are discussed in Section XV, Transportation/Traffic.
The project site is bounded by Balzer Field on the north, Miles Avenue on the east and south, and Los
Gatos Creek Trail on the west. Single-family residences and apartments are located to the west and
southwest across Los Gatos Creek, and the creek is located west of the trail. The Highway 17 freeway is
located east of Miles Avenue and this freeway significantly influences the noise environment at the site.
The proposed skate park use would introduce a new source of noise, which could disturb adjacent ball
field users and nearby residents. The potential for such noise impacts is discussed in Section XI, Noise.
The proposed skate park use would be consistent with adjacent recreational uses (Balzer Field and the Los
Gatos Creek Trail).
The Los Gatos General Plan does not identify any habitat conservation plans or natural community
conservation plans that apply to the project site.
X. Mineral Resources - Would the project:
a) Result in the loss of availability of a known mineral
X
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
X
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan?
The Los Gatos General Plan does not identify any regionally or locally-important mineral resources on
the project site or in its vicinity.
M. Noise -Would the project result in:
a) Exposure of persons to or generation of noise levels in
X
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive
X
groundborne vibration or groundbome noise levels?
c) A substantial permanent increase in ambient noise levels in
X
the project vicinity above levels existing without the
project?
November, 2004 13
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Issues (and Supporting Information Sources)
Potentially
Significant
Potentially Impact Unless
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Impact
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
X
e) For a project located within an airport land use plan or,
X
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
expose people residing or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a private airstrip, would
X
the project expose people residing or working in the project
area to excessive noise levels?
Existing Noise Environment. The existing noise environment at the project site and its vicinity is
dominated by noise generated by the Highway 17 freeway. The project site is located approximately 100
feet from the freeway centerline, while the closest residential receptor to the west (an apartment building) is
located approximately 180 feet west of the site and 400 feet from the freeway centerline.
To characterize the existing noise environment in the project vicinity, short- and long-term noise
measurements were taken at the site and residential receptors to the west. A long-term (24-hour) noise
measurement was taken at the closest residential receptor, an apartment building located adjacent to Miles
Avenue and west of Los Gatos Creek. Measurements were taken on a Saturday to reflect existing noise
levels on a day when peak skate park use is anticipated. Noise measurement results are presented in Table
1. These measurements indicate that the closest apartment building west of the site is currently subject to
daytime noise levels of 63.8 dBA (Leq) and a 24-hour noise level of 65.5 dBA (Ldn),11 State Land Use
Compatibility Guidelines for Community Noise Environments indicate that noise levels up 65 dBA (Ldn)
are considered "normally acceptable" for multi-family residential uses (such as apartments), - hile noise
levels between 60 and 70 dBA (Ldn) are considered "conditionally acceptable" for single-fa: ily residential
uses. The Los Gatos Noise Element specifies a noise goal (not a standard) of a maximum of 55 dBA (Ldn)
for residential uses.
In addition to this 24-hour noise measurement, two short-term measurements were taken on Thursday,
September 9, 2004 between 2:30 p.m. and 3:00 p.m. at the site and on Edelen Avenue (just north of Miles
Avenue). When compared to the Miles Avenue long-term measurement (taken approximately 180 feet west
of the site), short-term measurements indicate that the site and Balzer Field are subject to slightly higher
noise levels of 65.7 dBA (daytime Leq), and this is attributable to the their closer proximity to the freeway.
The measurement on Edelen Avenue (at Miles Avenue) indicates that noise levels (54.5 dBA, daytime Leq)
are approximately 11 dBA lower than noise levels on the site and this is attributable to the greater distance
from the freeway and noise reduction provided by homes along the east side of Bdelen Avenue, which act
as a noise barrier. State noise guidelines indicate that noise levels of up to 70 dBA (Ldn) are considered
"normally acceptable" for neighborhood parks, while the Los Gatos General Plan indicates a noise goal (not
a standard) of 55 dBA (Leq 24) for developed parks.
November. 2004 14
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Potentially
Significant
Potentially Impact Unless Less Than
issues (and Supporting Information Sources)
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Table 1
Existing Noise Levels
Hourly Leq Noise Level (in dBA) on Miles Avenue
at Closest Apartment Buildin
g (180 Feet West of Site)
Recording Hour
AM
PM
12:00-1:00
58.4
64.2
1:00-2:00
55.9
64.1
2:00-3:00
54.0
64.2
3:00-4:00
52.6
64.7
4:00-5:00 52.9
63.8
5:00-6:00 56.0
63.0
6:00-7:00 59.5
63.2
7:00-8:00 63.0
63.5
8:00-9:00 62.8
62.3
9:00-10:00 64.4
61.6
10:00-11:00 64.0
60.3
11:00-12:00 64.3
59.7
Daytime Leq 63.8
Ldn 65.5
Notes: Measurement taken from midnight on Saturday, September 11, 2004
to midnight on Sunday,
September 12, 2004. Noise measurements were taken using Metrosonics db
-308 noise meters.
Source: Geier & Geier Consulting, Inc. (2004)
Construction. Project construction would result in temporary short-term noise increases due to the
operation of heavy equipment. Construction noise sources range from about 76 to 85 dBA at 50 feet for
most types of construction equipment with slightly higher levels of about 88 to 91 dBA at 50 feet for
certain types of earthmoving and impact equipment. If noise controls are installed on construction
equipment, the noise levels could be reduced by 1 to 16 dBA, depending on the type of equipment. The
potential for construction-related noise increases to adversely affect nearby residential and adjacent
recreational receptors would depend on the location and proximity of construction activities to these
receptors.
The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours of 8:00 a.m. to 8:00
p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends and holidays. This ordinance also limits noise
generation to 85 dBA at the property line or 85 dBA at 25 feet. The closest sensitive receptors are single-
family residences (located approximately 225 feet to the southwest) and apartments (located
approximately 180 feet to the west). Also, Balzer Field is located adjacent to the project site. At 180 feet,
the ordinance noise limit would result in maximum noise levels of 68 dBA at the closest apartments, and
maximum interior noise levels would reach 48 to 53 dBA with the windows closed, which would not
result in speech interference effects. Temporary disturbance (e.g., speech interference) can occur if the
noise level in the interior of a building exceeds 60 dBA. 12 Enforcement of time restrictions and
November, 2004 15
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Potentially
Significant
Potentially Impact Unless Less Than
Issues (and Supporting Information Sources) Significant Mitigation Significant No
Impact Incorporated Impact Impnet
construction noise limits contained in the Town Noise Ordinance would ensure that construction-related
noise levels would be maintained at less-than-significant levels,
Balzer Field is located adjacent to the project site, and noise measurements taken at the project site
indicate that the site and this field are subject to relatively high daytime noise levels of approximately 66
dBA (Leq). Existing noise levels already interfere with normal speech at distances greater than three feet
(voices need to be raised beyond a three-foot separation). Spectator stands are located approximately 150
feet from the northern project boundary, while the baseball diamond is approximately 125 feet from the
project boundary. If heavy equipment were operated during a baseball game, spectators and infield
players could be subject to noise levels of up to approximately 70 dBA, while outfielders could be subject
to higher noise levels depending on their proximity to the site. Such noise levels would exceed existing
noise levels, and speech interference effects could occur at two feet rather than three feet (the distance
required for communication with 95% sentence intelligibility using a normal voice). Although outfielders
would be subject to higher noise levels, speech interference effects would not increase significantly since
existing noise levels already interfere with speech at distances greater than three feet. Therefore,
construction-related noise increases are not expected to result in significant, adverse impacts on nearby
residential uses or adjacent recreational uses. Enforcement of construction noise limits contained in the
Town Noise Ordinance would ensure that construction-related noise levels would be maintained at less-
than-significant levels at Balzer Field. However, the Town could consider the following measure to
minimize potential impacts on users of Balzer Field:
11. The project contractor should be given the playing field schedule and should try to avoid operation of
heavy equipment during the hours when baseball games are scheduled at this field whenever
possible.
Operation. In order to determine potential noise levels from the proposed skate park, noise measurement
results from three different existing skateboard parks were reviewed and the highest measured noise
levels were applied to this analysis (to evaluate worst-case conditions): Alameda Skate Park, Santa Rosa
Skate Park, and Petaluma Skate Park.13 In general, skate park noise consists of the following: skates and
roller blades rolling on concrete; the sound of skateboards hitting the concrete after a jump (board slam);
the sound of wheels scraping on concrete during a grinding or stopping action (wheel slide); and voices.
Table 2 summarizes the measured noise levels from these three skate parks.
Table 2
Skate Park Noise Levels
Skate Park Leq at 50 feet Lmax at 50 feet (dBA)
Location No. of Skaters (dBA) Board Slam Wheel Slide Voices
Alameda 25 66 68-75 71-73 65-70
Santa Rosa 24 62.5 66-73 74 - -
Petaluma 15 61 60-70 57-64 38-63
Notes: The decibel (dB) scale is used to quantify sound intensity. Since the human ear is not equally sensitive to all sound
frequencies within the entire spectrum, human response is factored into sound descriptions in a process called "A-weighting,"
written as "dBA." The Leq represents the decibel level of the time-averaged value of sound energy or sound pressure squared.
Source: Nichols • Berman (2004)10
November. 2004 16
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Issues (and Supporting Information Sources)
Potentially
Significant
Potentially Impact Unless
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Impact
To evaluate worst-case conditions, noise levels measured at the Alameda Skate Park were applied to the
project site. The Alameda Skate Park contains features with vertical surfaces, off of which skaters can
jump. Using noise measurement data collected in the site vicinity (Table 1) and the Alameda Skate Park
noise level of 66 dBA (Leq) at 50 feet, noise levels were estimated at the closest residential receptor (the
apartment building located 180 feet west of the site) and at the adjacent Balzer Field. Estimated
incremental increases are presented in Table 3.
Table 3
Estimated Noise Increases due to the Project
Existing Hourly Leq (dBA) Lmax (dBA)
Daytime Noise Existing
Noise Level Generated by + Skate Board Wheel
Location (Leq) Skate Park Park Change Slam Slide Voices
Closest Apartment Building
(180 Feet to the West) 63.8 55.0 64.4 +0.6 64 62 59
Edelen Avenue
(335 Feet to the West) 54.5 43.5 54.8 +0.3 53 51 48
Balzer Field Infield
(125 Feet to the North) 65.7 58.0 66.4 +0.7 67 65 62
Source: Geier & Geier Consulting, Inc. (2004)
Table 3 indicates that, at times, peak noise levels (Lmax) generated by skaters could approach or slightly
exceed existing noise levels. Therefore, skate-related noises such as board slams or wheel slides could be
audible, at times, at the closest residential receptors and ballfield users. However, the skate park would
increase daytime Leq noise levels at identified receptors by less than 1 dBA, which is considered to be
less than significant based on the following noticeability criteria: a 5-dBA increase is readily noticeable,
while a 3-dBA increase is barely noticeable to most people. 14 In addition, combined noise levels
(existing + project) would still be considered acceptable when compared to State noise guidelines for
residential and park uses.
It is anticipated that some skaters would access the proposed skate park by skateboards rather than by
vehicle. Since the park is expected to be used by 30 to 40 skaters at any given time during the first year
and 10 to 20 skaters thereafter, this analysis estimates that a worst-case average of 20 skaters in any given
hour could use either Miles or Edelen Avenues to access the project site. Table 4 presents estimated noise
increases that could result along Miles or Edelen Avenues as skaters travel along these streets to access
the park. Table 4 indicates that a passing skateboard could be audible at adjacent residences since peak
noise levels from a skateboard rolling on cement would exceed existing ambient noise levels along these
streets. However, a passing skateboarder generates peak noise levels only for a brief period (about 15
seconds) as it passes by each residential receptor. Therefore, such noise increases (due to 20 passbys for a
total of 4.6 minutes in any given hour) would result in a noise increase of approximately 1.8 dBA along
these streets, which would.be less than significant. In addition, combined noise levels (existing + project)
would still be considered acceptable when compared to State noise guidelines for residential uses.
November, 2004 17
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Issues (and Supporting Information Sources)
Table 4
Potentially
Significant
Potentially Impact Unless
Significant Mitigation
Impact Incorporated
Estimated Noise Increases by Skaters Accessing Proposed Park
Less Than
Significant No
Impact Impact
Hourly Leq (dBA)
Existing Noise Level Generated
Daytime Over 4.6 Minutes by 20
Noise Level Passing Skaters in Any Existing +
Location (Leq) Given Hour Project Noise Change
Miles Avenue or
Edelen Avenue
(25 Feet from Sidewalk) 54.5 60.6 56.3 +1.8
Notes: Skater noise level is based on a peak noise level of 58 dBA or 63 dBA at 25 feet, which was measured by Los Gatos/
Monte Sereno Police Department at Campbell Skate Park on June 21, 2004 when a skater was rolling on cement ramps. This
noise level is then adjusted to reflect the elevated skate noise for approximately 4.6 minutes in any given hour, which assumes
each skater takes approximately 0.23 minutes to pass each residential receptor, traveling at a conservatively slow speed of
approximately 5 miles per hour.
Source: Geier & Geier Consulting, Inc. (2004)
Noise CompatibilitY of Proposed Use. Based on short- and long-term noise measurements, noise levels at
the project site are estimated to be approximately 64 dBA (Leq 24) or 67 dBA (Ldn). As indicated above,
State noise guidelines indicate that noise levels of up to 70 dBA (Ldn) are considered "normally
acceptable" for neighborhood parks, while the Los Gatos General Plan indicates a noise goal of 55 dBA
(Leq 24) for developed parks. Although existing noise levels do not meet the Town's noise goal, they
would be considered acceptable for the proposed skate park based on State noise guidelines. Also, it
should be noted that the existing Balzer Field is located adjacent to the site and is exposed to similar
freeway noise levels as the project site.
XII. Population and Housing - Would the project:
a) Induce substantial population growth in an area, either
X
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
X
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating the
X
construction of replacement housing elsewhere?
The project would not displace any existing housing nor would it increase local population. The project
would not be considered growth inducirig since the project site is located adjacent to existing
development and no new roads or utilities would be extended to any contiguous undeveloped areas.
XIII. Public Services -
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or physically ~t
November, 2004 l8
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
issues (and Supporting Information Sources)
Potentially
Significant
Potentially Impact Unless
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Impact
altered governmental facilities, 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 public services:
Fire protection?
X
Police protection?
X
Schools?
X
Parks?
X
Other public facilities?
X
The project would not significantly increase demand for public services since this is an in-fill development
and services are already provided to the site vicinity. Although the project would increase the number of
people using the project site, no significant increase in police services is expected to be required, but this
could depend on whether the park is supervised. According to the City of Campbell, two calls to the
police were made during the past year that related to the skate park. One call was to report a suspicious
person loitering around the park and the second call was for a skater who refused to wear the required
safety equipment. It should be noted that the Campbell Skate Park is supervised when it is open.i5 The
Town has not been determined if the park would be supervised when it is open.
XIV. Recreation -
a) Would the project increase the use of existing
X
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
X
the construction or expansion of recreational facilities,
which might have an adverse physical effect on the
environment?
The proposed project would provide more recreational opportunities in the Town. Provision of skate
facilities in the Town would give Los Gatos residents more convenient, closer access to such facilities.
Physical impacts associated with construction of the proposed skate park are identified in other sections
of this Initial Study. All potentially significant impacts would be mitigated to a less-than-significant level
by required mitigation measures listed in this report.
XV. Trans portation/Traffie - Would the project:
a) Cause an increase in traffic, which is substantial in relation
to the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
X
November, 2004 19
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Issues (and Supporting Information Sources)
Potentially
Significant
Potentially Impact Unless
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Impact
b) Exceed, either individually or cumulatively, a level of
X
service standard established by the county congestion
management agency for designated roads or highways?
c) Result in a change in air traffic patterns, including either an
X
increase in traffic levels or a change in location that results
in substantial safety risks?
d) Substantially increase hazards due to a design feature (e.g.,
x
sharp curves or dangerous intersections) or incompatible
uses (e. g., farm equipment)?
e) Result in inadequate emergency access?
X
f) Result in inadequate parking capacity?
X
g) Conflict with adopted policies, plans, or programs
X
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
The Town's Traffic Impact Policy (Resolution 1991-174) requires preparation of a detailed traffic study
for any project with the potential to generate 20 or more additional morning (AM) or afternoon (PM) peak
hour trips. The project is estimated to generate a maximum of 30 trips per day with approximately five
trips during the PM peak hour. Since the project is expected to generate fewer than 20 AM or PM peak
hour trips, a detailed traffic study would not be required for the project.
There are approximately 34 parking spaces in the existing parking lot and the proposed skate park would
provide five off-street spaces. The net removal of approximately 29 off-street parking spaces could
increase demand for on-street parking on Miles Avenue. A parking survey was conducted by the Town in
March 2004 to determine existing parking demand along Miles Avenue. The survey counted the number
of vehicles parking on the project site lot (Miles Avenue Lot), the lot between Balzer Field and Town
Engineering Department (Engineering Lot), along the southern section of Miles Avenue (south of the
white house located by the Town's Corporation Yard) and the northern section of Miles Avenue (north of
the white house). Counts were taken three times per day (7 to 8 a.m., 12 to 1 p.m., and 4 to 5 p.m.) for
seven days. The results of the parking survey are included in Attachment A and summarized in Table 5.
The parking survey indicates that existing on- and off-street parking demand along Miles Avenue is less
than the available parking supply, with both lots and on-street parking operating below capacity. The
number of available spaces along the southern section of Miles Avenue (33 to 37 spaces) would appear
adequate to accommodate the net loss of 29 spaces on the site, even if parking demand were sufficient to
occasionally fill the Miles Avenue lot (such as during holidays and special events). There are an
additional 19 spaces along the northern section of Miles Avenue that also could accommodate an
unusually high peak weekend parking demand.
November, 2004 20
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Issues (and Supporting Information Sources)
Potentially
Significant
Potentially Impact Unless
Significant Mitigation
Impact Incorporated
Table 5
Parking Survey
(March 16 - 24, 2004)
Less Than
Significant No
Impact Impact
Time of
Miles Avenue
Engineering
South Miles
North Miles
Day of Week
Day
Lot
Lot
Avenue
Avenue
Spaces Available
34
29
37
19
Parking S
paces Used
# of
% of
# of
% of
# of
% of
# of
% of
Spaces
Total
Spaces Total
Spaces
Total
Spaces
Total
Weekdays
7-8 am.
0-3
0-9
8-11
28-38
2-4
5-11
3-15
16-79
12-1 p.m.
3-16
9-47
9-15
31-52
2-4
5-11
3-15
16-79
4-5 p.m.
4-14
12-41
6-13
21-45
2
5
2-15
11-79
Weekends
7-8 am.
4-5
12-15
3-5
10-17
0
0
0
0
12-1 P.M.
8-9
24-26
6-7
21-24
0
0
0
0
4-5 p.m.
5-7
15-21
5-7
17-24
0
0
0
0
Source: Town of Los Gatos (2004)"
XVI. Utilities and Service Systems - Would the project:
a) Exceed wastewater treatment requirements of the
X
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
X
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
c) Require or result in the construction of new storm water
X
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
d) Have sufficient water supplies available to serve the
X
project from existing entitlements and resources, or are
new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment
X
provider, which serves or may serve the project that it has
adequate capacity to serve the projects projected demand in
addition to the providers existing commitments?
f) Be served by a landfill with sufficient permitted capacity to
X
accommodate the projects solid waste disposal needs?
November, 2004 21
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
Issues (and Supporting Information Sources)
Potentially
Significant
Potentially Impact Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact (mpaci
g) Comply with federal, state, and local statutes and X
regulations related to solid waste?
Utilities are currently provided to existing adjacent and nearby development. Electricity service is
currently provided to the site for parking lot security lighting. The project would require extension of a
water line onto the site for a drinking fountain and landscape irrigation. Security lighting also would be
provided at the proposed skate park, and the existing circuit would be used or upgraded as necessary,"
XVII. Mandatory Findings of Significance -
a) Does the project have the potential to degrade the quality
X
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, reduce the number or restrict
the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually limited,
X
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
X
cause substantial adverse effects on human beings, either
directly or indirectly?
November, 2004 22
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
LIST OF SUPPORTING INFORMATION SOURCES
(Indicated as endnotes under specific issues of Initial Study)
` Email Communication from John Curtis, P.E., Director, Town of Los Gatos Parks and Public Works
Department, dated September 20, 2004.
'Bay Area Air Quality Management District, 1999. BAAQMD CEQA Guidelines, Assessing the Air
Quality Impacts of Projects and Plans. December.
3 Bay Area Air Quality Management District, 1999. BAAQMD CEQA Guidelines, Assessing the Air
Quality Impacts of Projects and Plans. December.
a Archaeological Resource Management, 1998. Cultural Resource Evaluation of 71 Miles Avenue in the
City of Los Gatos, California. November 30.
5 Email Communication from Sandy Baily, Senior Planner, Town of Los Gatos Community Development
Department dated September 27, 2004.
6 Nolan Associates, 1999. Draft Erosion Potential Map, Shrink-Swell Potential of Soils, Slope Stability
Hazard Map, Debris Flow Hazard Map, Liquefaction Hazard Zones Map, Seismic Shaking Hazards
Map, Geologic Map, Fault Rupture Hazard Zones Map for the Town of Los Gatos General Plan
Update. January 17.
'Nolan Associates, 1999. Draft Fault, Lineament & Coseismic Deformation Map for the Town of Los
Gatos General Plan Update. January 17.
'Email Communication from Kevin Rohani, Town Engineer, Town of Los Gatos Parks and Public Works
Department, dated October 15, 2004.
'Town of Los Gatos Development Application Supplement, Hazardous Wastes and Substances Statement
for 41 Miles Avenue, Los Gatos, September 10, 2004.
10 Federal Emergency Management Agency, 1979. FIRM, Flood Insurance Rate Map, Community Panel
Number 060343 0003 A. Effective Date: January 17, 1979.
" The decibel (dB) scale is used to quantify sound intensity. Since the human ear is not equally sensitive
to all sound frequencies within the entire spectrum, human response is factored into sound
descriptions in a process called "A-weighting," written as "dBA." The Leq represents the decibel level
of the time-averaged value of sound energy or sound pressure squared and is the descriptor used to
calculate the Ldn. Ldn is a 24-hour, time-weighted noise level that accounts for sensitivity during
the nighttime hours (10 p.m. to 7 a.m.). Leq (24) is a 24-hour noise level but the 10-dBA nighttime
penalty is not added.
zz In indoor noise environments, the highest noise level that permits relaxed conversation with 100%
intelligibility throughout the room is 45 dBA. Speech interference is considered to become
intolerable when normal conversation is precluded at 3 feet, which occurs when background noise
levels exceed 60 dBA (U.S. Environmental Protection Agency, Information on Levels of
Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of
Safety, Condensed Version, 1974).
November, 2004 23
Initial Study - Los Gatos Skate Park, 41 Miles Avenue
is Nichols • Berman, 2004. Benicia Community Park Skateboard Park & Community Building, Iniriul
Study. April 7.
"The U.S. Environmental Protection Agency determined that noise levels changes of 5 dB are generally
not considered noticeable or significant (U.S. EPA, 1974. Information on Levels of Environmental
Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety. March).
In addition, the Town of Los Gatos General Plan 2000 EIR, the following significance criteria were
applied and have been applied to this project (Robert Bein, William Frost & Associates, 2000);
■ When noise levels before and after the addition of the project remain within the same
compatibility classification (defined by State land use compatibility categories): (a) increases of
less than 3 dBA are regarded as having no impact; (b) increases equal to, or greater than 3 dBA
but less than 5 dBA, are regarded as having an adverse but not significant impact; and (c)
increases of S dBA or greater are regarded as having a significant impact.
■ When noise levels increase after the addition of the project and change the compatibility
classifications by an increase equal to or greater than 3 dBA, the impact is regarded as having
an adverse and significant impact, (i.e., before the addition of the project, the noise levels at a
particular location falls within the "normally acceptable" category and after the addition of the
project falls within the "conditionally acceptable" category.
15 Telephone Communication with Chris Ghione, City of Campbell, Recreation and Community Services
Department, on September 20, 2004.
'b Town of Los Gatos, Parks and Public Works Department, 2004. Parking Usage Counts for Miles
Avenue, 3116 to 3124. March.
" Email Communication from John Curtis, P.E., Director, Town of Los Gatos Parks and Public Works
Department, dated September 21, 2004.
November. 2004 24
Attachment A
Parking Usage Counts for Miles Avenue
March 16 to 24, 2004
Conducted by
Town of Los Gatos
Parks and Public Works Department
PARKING LOT USAGE COUNTS 3/16 TO 3/24
Day of week
Time of
day
Miles Ave
Lot
Total Spaces
Available
Percentage
Spaces Used
Monday
7-8AM
2
34
6%
Noon-1PM
4
34
12%
4PM-5PM
4
34
12%
Tuesday.
7-8AM
2.5
34
7%
Noon-IPM
3
34
9%
4PM-5PM
9
34
26%
Wednesday
7-8AM
0
34
0%
Noon-1 PM
10
34
29%
4PM-5PM
14
34
41%
Thursday
7-8AM
2
34
6%
Noon-1 PM
5
34
15%
4PM-5PM
12
34
35%
Friday
7-8AM
3
34
9%
Noon-1 PM
16
34
47%
4PM-5PM
14
34
41%
Saturday
7-8AM
4
34
12%
Noon-1 PM
8
34
24%
4PM-5PM
5
34
15%
Sunda
7-8AM
5
34
15%
Noon-1 PM
9
34
26%
4PM-5PM
7
34
21%
Day of week
Time of
day
Engineering
Lot
Total Spaces
Available
Percentage
Spaces Used
Monday
7-8AM
11
29
38%
Noon-1 PM
11
29
38%
4PM-5PM
6
29
21%
Tuesday
7-8AM
10
29
34%
Noon-1 PM
13
29
45%
4PM-5PM
7
29
24%
Wednesda
7-8AM
10
29
34%
Noon-1 PM
15
29
52%
4PM-5PM
12
29
41%
Thursda
7-8AM
10
29
34%
Noon-1PM
15
29
52%
4PM-5PM
13
29
45%
Friday
7-8AM
8
29
28%
Noon-IPM
9
29
31%
4PM-5PM
10
29
34%
Saturday
7-8AM
3
29
10%
Noon-1 PM
7
29
24%
4PM-5PM
7
29
24%
Sunda
7-8AM
5
29
17%
Noon-IPM
6
29
21%
4PM-5PM
5
29
17%
PARKING USAGE COUNTS FOR MILES AVE. 3116 TO 3/24
Day of week
Time O
day
South to White
House
Total Spaces
Available
Percentage Spaces
Used
Monday
7-8AM
4
37
11%
Noon-1 PM
4
37
1100
4PM-5PM
2
37
5%
Tuesday
7-8AM
3
37
8%
Noon-1 PM
3
37
8-%
4PM-5PM
2
37
5%
Wednesday
7-8AM
2
37
5-
Noon-1 PM
2
37
5%
4PM-5PM
2
37
5%
Thursday
7-8AM
2
37
5%
Noon-1 PM
3
37
8%
4PM-5PM
2
37
5%
Friday
7-8AM
2
37
5%
Noon-1 PM
2
37
5%
.
4PM-5PM
2
37
5%
Saturday
7-8AM
0
37
0%
Noon-1 PM
0
37
0%
4PM-5PM
0
37
0%
Sunda
7-8AM
0
37
0%
Noon-1 PM
0
37
0%
4r M-5PM
0
37
, 0%
Day of week
Time of
day
North of White
House
Total Spaces
Available
Percentage Spaces
Used
Monday
7-8AM
15
19
79%
Noon-1 PM
15
19
79%
4PM-5PM
15
19
79%
Tuesday
7-8AM
14
19
74%
Noon-1PM
14
19
74%
4PM-5PM
14
19
74%
Wednesday
7-8AM
14
19
74%
Noon-IPM
14
19
74%
4PM-5PM
14
19
74%
NOTICE
Town of Los Gatos
Environmental Impact Review
Mitigated Negative Declaration
Lead Agency: Town of Los Gatos
Community Development Department
110 East Main Street
Los Gatos, CA 95031
Project Title and
Location: Los Gatos Skate Park
41 Miles Avenue
Conditional Use Permit U-05-008
RECEIVED
NOV Q 4 2004
TOWN OF LOS GATOS
PLANNING DIVISION
Project Description: The Town of Los Gatos proposes to construct a skate park on the southerly portion
of a 4.3-acre parcel that is currently developed with a parking lot, Balzer Field (an existing baseball
field), and the Town's corporation yard. The proposed skate park would be located immediately south
of Balzer Field and east of the Los Gatos Creek Trail. Miles Avenue forms the site's eastern and
southern boundaries.
The skate park area would be approximately 12,300 square feet with additional area for concrete
approaches to the skate park. The site area is approximately 22,000 square feet and currently used as a
parking lot. The proposed plan indicates two entrances, off-street parking, drop-off zone, and various
skate park features. One entrance would be at the southwest comer of the site (adjacent to the Los Gatos
Creek Trail) and the second entrance would be at the northeast comer of the site. The park would be
enclosed by an eight-foot high, chain link fence with gate accesses at both entrances. A drop-off zone and
five parking spaces would be provided along the eastern park boundary between the northeast entrance
and Miles Avenue. It should be noted that the proposed features described herein are approximate only
and subject to change as part of the detail development in the final design phase to follow.
Hours of operation would be during daylight hours, seven days a week. Signs would be posted requiring
proper use of safety equipment, although it has not been determined if the park would be supervised when
it is open. It is anticipated that skateboarders and in-line skaters would be allowed to use the park, but
BMX cyclists would not be allowed. While it is difficult to accurately predict usage of the skate park,
it is anticipated that maximum peak usage would be approximately 30 to 40 skaters at any given
time during the first year, gradually tapering off to an average usage of approximately 10 to 20
skaters thereafter.
The proposed design would have both street features and bowl-type features. The park would be
designed for all levels of riders (beginning, intermediate, and advanced). The park could include the
following features:
• Pools (2)
• Mini Half-Pipe
• Peninsula
■ Hubba Bank with Rail and Ledges
• Square Volcano
November, 2004
Negative Declaration - Los Gatos Skate Park, 41 Miles Avenue
Half Pyramid
• Driveway
• Knife
• Bleachers
■ Fish Ladder
• Benches
Pools would have transitions of varying radii and would be three to five feet deep. The Hubba Bank
would be approximately six feet high with grinding rails and ledges. The Square Volcano would be
approximately two feet high, while the Peninsula would be approximately four and one-half feet high.
Park features would be constructed primarily of concrete with steel used only for the coping and rails. No
excavation would be required to develop these features. The existing asphaltic concrete (AC) pavement
(about two inches) would be removed, soils would be compacted, and a concrete slab would be placed
over compacted soils. The base of the pool would be at the existing surface elevation. Up to
approximately eight feet of fill would be placed in some places to develop proposed features. Park
development would also include provision of landscaping along the Miles Avenue street frontage.
Determination: Although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because the mitigation measures listed below have been added
to the project, mitigating potential impacts to a less-than-significant level. An Environmental Impact
Report will not be required.
Statement of Reasons to Support Finding:
1. Aesthetics: The project site slopes gently to the east and is covered by AC pavement. There are
approximately three small trees located along the site's Miles Avenue frontage and two small trees along
the northern boundary (adjacent to Balzer Field). These trees are too small to provide visual screening so
the site is visible from Balzer Field and Miles Avenue. Mature trees along the east side of Los Gatos
Creek Trail and along the west side of the Highway 17 freeway screen views of most of the project site
from the freeway as well as from residential uses to the west. Fencing and trees partially screen views of
the site from Los Gatos Creek Trail.
The views of the project site from the single-family residences and apartments to the west and southwest
(across Los Gatos Creek) would change from filtered views of a paved parking lot to filtered views of the
concrete, skate park features. This change would not significantly degrade the existing visual character of
the site and it surroundings. Project development would not remove any existing trees on the site and
would include planting of trees and landscaping along the site's southern and eastern perimeter. Proposed
landscaping would eventually help screen views of the park from Miles Avenue and areas to the west.
Residences to the west are located uphill of the site and they overlook the project site and areas to the
east. Although elevations on many parts of the project site would be raised (as much as eight feet in some
areas near the western boundary) as part of project development, these residences are high enough so that
proposed filling is not expected to interfere with these scenic distant views.
There is an existing pole-mounted security light in the center of the parking lot. Since the proposed skate
park would only be open during the daylight hours, only security lighting is proposed. Therefore, the
project is not expected to significantly increase nighttime lighting in the site vicinity. Also, the Zoning
Ordinance (Section 29.10.09035) prohibits the production of direct or reflected glare (such as that
November. 2004
Negative Declaration - Los Gatos Skate Park, 41 Miles Avenue
produced by floodlight) onto any area outside the project boundary. Existing trees located along Los
Gatos Creek would also help partially screen views of project lighting.
2. Agriculture Resources: The project site is currently developed as a parking lot, and the site's
agricultural potential is limited by its small size as well as the proximity of existing residential
development to the west, the ballfield and Town corporation yard to the north, and freeway to the east.
Since the site is not in agricultural use, the project would not adversely affect any existing agricultural
operations.
3. Air Quality: Since the park is expected to be used by 30 to 40 skaters at any given time during the
first year and 10 to 20 skaters thereafter, the level of vehicular traffic generated by the park on an hourly
or daily basis would be relatively low. The Town estimates a maximum of 30 vehicles per day could be
generated by the park, particularly since some skaters are expected to access the park by skating to the
park rather than by car. The BAAQMD threshold level for potential significance is approximately 2,000
trips per day. At or above this level, traffic generated by a project could produce air quality problems, and
an air quality impact assessment would need to be prepared and submitted to the BAAQMD for review.
The proposed park is expected to generate traffic levels well below the BAAQMD significance threshold.
It should also be noted that provision of skate facilities in the Town would give Los Gatos residents more
convenient, closer access to such facilities. Increased local access could reduce regional emissions since
residents would not have to travel to adjacent or nearby communities to use skate facilities.
Proposed filling activities would generate short-term emissions of criteria pollutants, including suspended
and inhalable particulate matter and equipment exhaust emissions. If the adjacent ball field is in use when
project construction activities are occurring, players could be exposed to temporary increases in dust,
which includes inhalable particulates (PM,a). The BAAQMD does not require quantification of
construction emissions, but considers any project's construction-related impacts (including PM,o
emissions) to be less than significant if required dust-control measures are implemented. The Town's
standard conditions for any project require implementation of the BAAQMD's standard dust control
measures (which are required on sites of three acres or less), which would mitigate the project's
construction-related air quality impacts to a less-than-significant level.
4. Biological Resources: Policies 11 and 12 of the Open Space Element of the Los Gatos General Plan
emphasize preservation of public and private landscaping. The Los Gatos Tree Protection Ordinance
states that one or more replacement trees of a species and size designated by the Parks and Public Works
Department may be required for tree removals. The Los Gatos Landscaping Policy states that any tree
over 12 inches in circumference that is removed by a project shall be replaced with a minimum of two 24-
inch box trees (up to six trees depending on size of removed tree). When it is not possible to replace trees
removed at a 3:1 ratio, the new trees planted are required to be larger in size than 15 gallons to adequately
mitigate for those trees removed; this policy satisfies the Town Tree Protection Ordinance and Town
Landscaping Policy.
The project site is a paved parking lot with various trees (landscape species and oaks) located along the
site perimeter. The Town anticipates that all reasonable efforts will be made to preserve existing trees.
However, any tree removals and the project's landscaping plan, when it is developed, will need to meet
the Town's Tree Protection Ordinance and Landscaping Policy. The Parks and Public Works Department
will ultimately determine the adequacy of the proposed planting plan and require appropriate plantings to
ensure compliance with the Tree Protection Ordinance.
November, 2004
Negative Declaration - Los Gatos Skate Park, 41 Miles Avenue
Existing trees on the site would be retained as part of the project development. However, these trees
could be subject to damage during project construction. The following measures will be required to
ensure that any trees to be retained are adequately protected:
Mitigation: Trees to be retained shall be protected with fencing that is placed as far from the trunks as
possible.
Mitigation: No construction vehicle traffic, foot traffic, paint solvent, or construction materials shall be
allowed in the root zone.
Mitigation: Utility trenches within driplines shall be dug by hand.
Mitigation: Drainage patterns shall not be changed around existing trees to be retained such that the health
of the trees would not be adversely affected; water will not be allowed to pond under tree canopies.
Mitigation: All pruning of existing trees shall be performed by a certified arborist and approved by the
Town Parks and Public Works Department prior to work.
Mitigation: Grades shall not be changed around existing trees such that the health of the trees would not
be adversely affected.
Mitigation Monitoring: The Parks Division of the Parks and Public Works Department will be responsible
for ensuring that all tree protection measures are properly implemented during construction.
5. Cultural Resources: A cultural resources evaluation was completed in 1998 for a development
proposal at 71 Miles Avenue, approximately 500 feet north of the site. The research included an archival
search of State records, which revealed no recorded prehistoric or historic cultural resources within the
area. However, there are recorded and unrecorded sites in this vicinity and the project area is also located
along a known route of Native American movement over the Santa Cruz Mountains. In addition, this area
is located adjacent to Los Gatos Creek, and lands in the Santa Clara Valley have frequently revealed
prehistoric deposits buried beneath alluvial soils. Although there is a high potential for buried prehistoric
cultural resources within the project area, the project would have a low potential for encountering such
resources because only minimal surface grading would occur to remove existing AC pavement, and fill
was placed over the site when the Los Gatos Creek flood control project was constructed (prior to
paving). Only minimal surface grading along the Miles Avenue frontage would be required for
installation of landscaping, but there is always a very small possibility that such grading could reveal
archaeological materials buried under the gravel. Therefore, the following mitigation measures will be
required:
Mitigation: In the event that archaeological traces are encountered, all construction within a 50-meter
radius of the find will be hatted, the Community Development Director will be notified, and an
archaeologist will be retained to examine the find and make appropriate recommendations.
Mitigation: If human remains are discovered, the Santa Clara County Coroner will be notified. The
Coroner will determine whether or not the remains are Native American. If the Coroner determines
that the remains are not subject to his authority, he will notify the Native American Heritage
Commission, who will attempt to identify descendants of the deceased Native Americans.
Mitigation: If the Community Development Director finds that the archaeological find is not a significant
resource, work will resume only after the submittal of a preliminary archaeological report and after
November. 2004 4
Negative Declaration - Los Gatos Skate Park, 41 Miles Avenue
provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants
of a deceased Native American and for reburial will follow the protocol set forth in Appendix K of
the CEQA Guidelines. If the site is found to be a significant archaeological site, a mitigation program
will be prepared and submitted to the Community Development Director for consideration and
approval, in conformance with the protocol set forth in Section 15064.5 of the CEQA Guidelines.
Mitigation: A final report will be prepared when a find is determined to be a significant archaeological
site, and/or when Native American remains are found on the site. The final report will include
background information on the completed work, a description and list of identified resources, the
disposition and curation of these resources, any testing, other recovered information, and conclusions.
Mitigation Monitoring: The Planning and Building Divisions of the Community Development
Department will be responsible for ensuring that these measures are implemented appropriately
during construction as the need arises.
6. Geology and Soils: A review of the Town's hazards maps indicates that the project site has a
moderate shrink-swell potential, high potential for liquefaction, high potential for fault rupture, and
moderate to high potential for seismic shaking. Due to the site's relatively level topography, no erosion,
slope stability, or debris flow hazards were identified for the site. The Town's Fault Map indicates that
the site is not located in an area where there has been a concentration of co-seismic ground deformation.
Lineation indicative of faulting is not indicated on the project site. Although there could be a potential for
surface fault rupture at the site, the proposed skate park use would not expose people or structures to
significant risks (i.e., risk of loss, injury, or death). Potential impacts associated with grading, erosion,
and soil constraints would be minimized since surface grading would be limited to removing the AC
pavement (approximately two inches) and compacting the soils. In addition, the Town will require
preparation of an interim erosion control plan to minimize erosion hazards. Preliminary results of a
detailed soils investigation of the site indicate that soils are not expansive and bearing capacity is
adequate for the proposed use.
7. Hazards and Hazardous Materials: The project site is not included on any Hazardous Wastes and
Substances Sites List. The site is currently covered with AC pavement and used as a parking lot. Project
development would involve only minor surface grading to remove the AC pavement and accommodate
proposed landscaping. By limiting surface grading, the potential for encountering any unknown
hazardous wastes or materials in the soils or groundwater, if they are present, would be minimized to a
less-than-significant level.
8. Hydrology and Water Quality: The Santa Clara Valley Water District (SCVWD) has jurisdiction
over Los Gatos Creek, which is located west of the project site. According to the Federal Emergency
Management Agency's Flood Insurance Rate Map, the project site is located outside the 100-year
floodplain of Los Gatos Creek. Since the project is located within 50 feet of Los Gatos Creek, the project
will require review and permit approval by the Santa Clara Valley Water District (SCVWD).
At present, the 0.5-acre project site is almost completely covered with AC pavement. Surface runoff
generated on the site flows eastward (away from Los Gatos Creek), then northward along the west side of
Miles Avenue. North of the site, it enters a drainage inlet located on the west side of Miles Avenue and
crosses under Miles Avenue to its east side. It continues to flow northward along an open drainage
channel and eventually discharges to Los Gatos Creek. Since the site is already covered with impervious
surfaces, development of the skate park would not significantly increase downstream peak flows.
November, 2004
Negative Declaration - Los Gatos Skate Park, 41 Miles Avenue
New, more stringent water quality regulations of the Clean Water Act have recently been triggerei
because the National Pollutant Discharge Elimination (NPDES) permit program has failed to protect
beneficial uses of Santa Clara County's creeks and the South San Francisco Bay, as evidenced by such
observations as violations of ambient water quality criteria, high concentrations of toxic substances, and
fish consumption health advisories, These new regulations require that all discharges shall comply with
Provision C.3, New and Redevelopment Performance Standards of Order No. 01-024 of the NPDES
permit program.
The project site is located within the Los Gatos Creek watershed and runoff from the site ultimately
discharges into Los Gatos Creek (north of the site) and eventually into the Bay. Los Gatos Creek is on
the Clean Water Act Section 303(d) List of Water Quality Limited Segments due to the presence of
diazinon, a pesticide, and its primary source is identified as urban runoff and storm drains. Best
Management Practices (BMPs) outlined by the Santa Clara Valley Urban Runoff Pollution Prevention
Program (SCVURPPP) for treatment control of pesticides are bioretention, infiltration, and media filter
with adsorption/absorption as the removal process. As a condition of project approval, the Town will
require: (1) preparation and submittal of interim and final erosion control plans to the Engineering
Division of the Parks and Public Works Department; and (2) implementation of non-point source
pollution prevention BMPs such as directing runoff from the skate park to bio-swales or landscaped areas
to reduce pollutant levels in the water that will eventually be discharged to Los Gatos Creek. A Storm
Water Pollution Prevention Plan (SWPPP) would be required and would be prepared by the Town as part
of the Town's Corporation Yard SWPPP (located north of Balzer Field).
9. Land Use and Planning: The project site is zoned RC, Resource Conservation. One of the purposes
of this zone is to provide for open space in the form of parks, playgrounds, and other community
facilities. Parks and playgrounds are a conditional use within the RC zone. Therefore, the proposed skate
park would require a Conditional Use Permit.
The Los Gatos General Plan designates the project site as "Open Space." This designation identifies the
location of public parks, open space preserves, private preserves, and stream corridors. The proposed
skate park use would be consistent with this land use designation.
The site is currently developed as a parking lot, serving the Los Gatos Creek Trail and Old Town Center
(as an overflow lot during the holidays). Project development would result in the loss of off-street parking
spaces at the site, and the potential parking impacts are discussed in Section XV, Transportation/Traffic.
The project site is bounded by Balzer Field on the north, Miles Avenue on the east and south, and Los
Gatos Creek Trail on the west. Single-family residences and apartments are located to the west and
southwest across Los Gatos Creek, and the creek is located west of the trail. The Highway 17 freeway is
located east of Miles Avenue and this freeway significantly influences the noise environment at the site.
The proposed skate park use would introduce a new source of noise, which could disturb adjacent ball
field users and nearby residents. The potential for such noise impacts is discussed in Section XI, Noise.
The proposed skate park use would be consistent with adjacent recreational uses (Balzer Field and the Los
Gatos Creek Trail),
The Los Gatos General Plan does not identify any habitat conservation plans or natural community
conservation plans that apply to the project site.
10. Mineral Resources: The Los Gatos General Plan does not identify any regionally or locally-
important mineral resources on the project site or in its vicinity.
November, 2004 6
Negative Declaration - Los Gatos Skate Park, 41 Miles Avenue
It. Noise: The existing noise environment at the project site and its vicinity is dominated by noise
generated by the Highway 17 freeway. The project site is located approximately 100 feet from the
freeway centerline, while the closest residential receptor to the west (an apartment building) is located
approximately 180 feet west of the site and 400 feet from the freeway centerline.
To characterize the existing noise environment in the project vicinity, short- and long-term noise
measurements were taken at the site and residential receptors to the west. A long-term (24-hour) noise
measurement was taken at the closest residential receptor, an apartment building located adjacent to Miles
Avenue and west of Los Gatos Creek. Measurements were taken on a Saturday to reflect existing noise
levels on a day when peak skate park use is anticipated. Noise measurement results are presented in
Table 1 of the Initial Study. These measurements indicate that the closest apartment building west of the
site is currently subject to daytime noise levels of 63.8 dBA (Leq) and a 24-hour noise level of 65.5 dBA
(Ldn). State Land Use Compatibility Guidelines for Community Noise Environments indicate that noise
levels up to 65 dBA (Ldn) are considered "normally acceptable" for multi-family residential uses (such as
apartments), while noise levels between 60 and 70 dBA (Ldn) are considered "conditionally acceptable"
for single-family residential uses. The Los Gatos Noise Element specifies a noise goal (not a standard) of
a maximum of 55 dBA (Ldn) for residential uses.
In addition to this 24-hour noise measurement, two short-term measurements were taken on Thursday,
September 9, 2004 between 2:30 p.m. and 3:00 p.m. at the site and on Edelen Avenue (just north of Miles
Avenue). When compared to the Miles Avenue long-term measurement (taken approximately 180 feet
west of the site), short-term measurements indicate that the site and Balzer Field are subject to slightly
higher noise levels of 65.7 dBA (daytime Leq), and this is attributable to the their closer proximity to the
freeway. The measurement on Edelen Avenue (at Miles Avenue) indicates that noise levels (54.5 dBA,
daytime Leq) are approximately 11 dBA lower than noise levels on the site and this is attributable to the
b eater distance from the freeway and noise reduction provided by homes along the east side of Edelen
Avenue, which act as a noise barrier. State noise guidelines indicate that noise levels of up to 70 dBA
(Ldn) are considered "normally acceptable" for neighborhood parks, while the Los Gatos General Plan
indicates a noise goal (not a standard) of 55 dBA (Leq 24) for developed parks.
Construction. Project construction would result in temporary short-term noise increases due to the
operation of heavy equipment. Construction noise sources range from about 76 to 85 dBA at 50 feet for
most types of construction equipment with slightly higher levels of about 88 to 91 dBA at 50 feet for
certain types of earthmoving and impact equipment. If noise controls are installed on construction
equipment, the noise levels could be reduced by 1 to 16 dBA, depending on the type of equipment. The
potential for construction-related noise increases to adversely affect nearby residential and adjacent
recreational receptors would depend on the location and proximity of construction activities to these
receptors.
The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours of 8:00 a.m. to 8:00
p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends and holidays. This ordinance also limits noise
generation to 85 dBA at the property line or 85 dBA at 25 feet. The closest sensitive receptors are single-
family residences (located approximately 225 feet to the southwest) and apartments (located
approximately 180 feet to the west). Also, Balzer Field is located adjacent to the project site. At 180 feet,
the ordinance noise limit would result in maximum noise levels of 68 dBA at the closest apartments, and
maximum interior noise levels would reach 48 to 53 dBA with the windows closed, which would not
result in speech interference effects. Temporary disturbance (e.g., speech interference) can occur if the
noise level in the interior of a building exceeds 60 dBA. Enforcement of time restrictions and construction
November, 2004
Negative Declaration - Los Gatos Skate Park, 41 Miles Avenue
noise limits contained in the Town Noise Ordinance would ensure that construction-related noise levels
would be maintained at less-than-significant levels.
Balzer Field is located adjacent to the project site, and noise measurements taken at the project site
indicate that the site and this field are subject to relatively high daytime noise levels of approximately 66
dBA (Leq). Existing noise levels already interfere with normal speech at distances greater than three feet
(voices need to be raised beyond a three-foot separation). Spectator stands are located approximately 150
feet from the northern project boundary, while the infield is approximately 125 feet from the project
boundary. If heavy equipment were operated during a baseball game, spectators and infield players could
be subject to noise levels of up to approximately 70 dBA, while outfielders could be subject to higher
noise levels depending on their proximity to the site. Such noise levels would exceed existing noise
levels, and speech interference effects could occur at two feet rather than three feet (the distance required
for communication with 95% sentence intelligibility using a normal voice). Although outfielders would
be subject to higher noise levels, speech interference effects would not increase significantly since
existing noise levels already interfere with speech at distances greater than three feet. Therefore,
construction-related noise increases are not expected to result in significant, adverse impacts on nearby
residential uses or adjacent recreational uses. Enforcement of construction noise limits contained in the
Town Noise Ordinance would ensure that construction-related noise levels would be maintained at less-
than-significant levels at Balzer Field. However, the Town could consider the following recommendation
to minimize potential impacts on users of Balzer Field:
Recommendation: The project contractor should be given the playing field schedule and should try to
avoid operation of heavy equipment during the hours when baseball games are scheduled at this field
whenever possible.
Operation. In order to determine potential noise levels from the proposed skate park, noise measurement
results from three different existing skateboard parks were reviewed and the highest measured noise
levels were applied to this analysis (to evaluate worst-case conditions): Alameda Skate Park, Santa Rosa
Skate Park, and Petaluma Skate Park. In general, skate park noise consists of the following: skates and
roller blades rolling on concrete; the sound of skateboards hitting the concrete after a jump (board slam);
the sound of wheels scraping on concrete during a grinding or stopping action (wheel slide); and voices.
Table 2 of the Initial Study summarizes the measured noise levels from these three skate parks.
To evaluate worst-case conditions, noise levels measured at the Alameda Skate Park (the highest noise
levels of the three parks) were applied to the project site. The Alameda Skate Park contains features with
vertical surfaces, off of which skaters can jump. Using noise measurement data collected in the site
vicinity (Table 1 of the Initial Study) and the Alameda Skate Park noise level of 66 dBA (Leq) at 50 feet,
noise levels were estimated at the closest residential receptor (the apartment building located 180 feet
west of the site) and at the adjacent Balzer Field. Estimated incremental increases are presented in Table
3 of the Initial Study. This table indicates that, at times, peak noise levels (Lmax) generated by skaters
could approach or slightly exceed existing noise levels. Therefore, skate-related noises such as board
slams or wheel slides could be audible, at times, at the closest residential receptors and ballfield users.
However, the skate park would increase daytime Leq noise levels at identified receptors by less than 1
dBA, which is considered to be less than significant based on the following noticeability criteria: a 5-dBA
increase is readily noticeable, while a 3-dBA increase is barely noticeable to most people. In addition,
combined noise levels (existing + project) would still be considered acceptable when compared to State
noise guidelines for residential and park uses.
November, 2004
Negative Declaration - Los Gatos Skate Park, 41 Miles Avenue
It is anticipated that some skaters would access the proposed skate park by skateboards rather than by
vehicle. Since the park is expected to be used by 30 to 40 skaters at any given time during the first year
and 10 to 20 skaters thereafter, this analysis estimates that a worst-case average of 20 skaters in any given
hour could use either Miles or Edelen Avenues to access the project site. Table 4 of the Initial Study
presents estimated noise increases that could result along Miles or Edelen Avenues as skaters travel along
these streets to access the park. Table 4 of the Initial Study indicates that a passing skateboard could be
audible at adjacent residences since peak noise levels from a skateboard rolling on cement would exceed
existing ambient noise levels along these streets. However, a passing skateboarder generates peak noise
levels only for a brief period (about 15 seconds) as it passes by each residential receptor. Therefore, such
noise increases (due to 20 passbys for a total of 4.6 minutes in any given hour) would result in a noise
increase of approximately 1.8 dBA along these streets, which would be less than significant. In addition,
combined noise levels (existing + project) would still be considered acceptable when compared to State
noise guidelines for residential uses.
Noise Compatibility of Proposed Use. Based on short- and long-term noise measurements, noise levels at
the project site are estimated to be approximately 64 dBA (Leq 24) or 67 dBA (Ldn). As indicated above,
State noise guidelines indicate that noise levels of up to 70 dBA (Ldn) are considered "normally
acceptable" for neighborhood parks, while the Los Gatos General Plan indicates a noise goal of 55 dBA
(Leq 24) for developed parks. Although existing noise levels do not meet the Town's noise goal, they
would be considered acceptable for the proposed skate park based on State noise guidelines. Also, it
should be noted that the existing Balzer Field is located adjacent to the site and is exposed to similar
freeway noise levels as the project site.
12. Population and Housing: The project would not displace any existing housing nor would it increase
local population. The project would not be considered growth inducing since the project site is located
adjacent to existing development and no new roads or utilities would be extended to any contiguous
undeveloped areas.
13. Public Services: The project would not significantly increase demand for public services since this is
an in-fill development and services are already provided to the site vicinity. Although the project would
increase the number of people using the project site, no significant increase in police services is expected
to be required, but this could depend on whether the park is supervised. According to the City of
Campbell, two calls to the police were made during the past year that related to the skate park. One call
was to report a suspicious person loitering around the park and the second call was for a skater who
refused to wear the required safety equipment. It should be noted that the Campbell Skate Park is
supervised when it is open. The Town has not been determined if the park would be supervised when it
is open.
14. Recreation: The proposed project would provide more recreational opportunities in the Town.
Provision of skate facilities in the Town would give Los Gatos residents more convenient, closer access to
such facilities. Physical impacts associated with construction of the proposed skate park are identified in
other sections of this Initial Study. All potentially significant impacts would be mitigated to a less-than-
significant level by required mitigation measures listed in this report.
15. Transportation and Traffic:. The Town's Traffic Impact Policy (Resolution 1991-174) requires
preparation of a detailed traffic study for any project with the potential to generate 20 or more additional
morning (AM) or afternoon (PM) peak hour trips. The project is estimated to generate a maximum of 30
trips per day with approximately five trips during the PM peak hour. Since the project is expected to
November, 2004
Negative Declaration - Los Gatos Skate Park, 41 Miles Avenue
generate fewer than 20 AM or PM peak hour trips, a detailed traffic study would not be required for [lie
project.
There are approximately 34 parking spaces in the existing parking lot and the proposed skate park would
provide five off-street spaces. The net removal of approximately 29 off-street parking spaces could
increase demand for on-street parking on Miles Avenue. A 'parking survey was conducted by the Town in
March 2004 to determine existing parking demand along Miles Avenue. The survey counted the number
of vehicles parking on the project site lot (Miles Avenue Lot), the lot between Balzer Field and Town
Engineering Department (Engineering Lot), along the southern section of Miles Avenue (south of the
white house located by the Town's Corporation Yard) and the northern section of Miles Avenue (north of
the white house). Counts were taken three times per day (7 to 8 a.m., 12 to 1 p.m., and 4 to 5 p.m.) for
seven days. The results of the parking survey are summarized in Table 5 of the Initial Study.
The parking survey indicates that existing on- and off-street parking demand along Miles Av,. Qe is less
than the available parking supply, with both lots and on-street parking operating below capa, : ry, The
number of available spaces along the southern section of Miles Avenue (33 to 37 spaces) would appear
adequate to accommodate the net loss of 29 spaces on the site, even if parking demand were sufficient to
occasionally fill the Miles Avenue lot (such as during holidays and special events). There are an
additional 19 spaces along the northern section of Miles Avenue that also could accommodate an
unusually high peak weekend parking demand.
16. Utilities and Service Systems: Utilities are currently provided to existing adjacent and nearby
development. Electricity service is currently provided to the site for parking lot security lighting. The
project would require extension of a water line onto the site for a drinking fountain and landscape
irrigation. Security lighting also would be provided at the proposed skate park, and the existing circuit
would be used or upgraded as necessary.
Copies of the Initial Study used to make the above recommendation are on file and available for public
inspection during regular business hours at the Town Community Development Department, 110 East
Main Street, Los Gatos, California.
r~_Nlnll~ ::k~ IDI-i
Date d N. Lortz, irector of Community eve pment
November, 2004 10
rage I of 1
Sandy Bady - Planning -commission/skate park
R EC-EI V M
From: "Justo Hernandez" <j ustohemandez@earthlink. net> OCT 3 0 2007
To: <manager@losgato sea. gov> TOWN OF LOS GATOS
Date: 10/30/2007 4:55 PM PLANNI
Subject: Planning commission/skate park DIVISION
Planning Commission Oct 30 07
Re: Skate Board Park
Dear Commissioners.
First of all there is nothing wrong with having a skate park.
My main concern in writing to you is the lack of notification to those most effected
by loss of what was considered to be an employee parking lot. Inclusive is not the
password in Los Gatos We preach a lot about how supportive we are to our small
business in downtown but we eliminate a parking lot that is counted on during the
holiday season for backup parking. If we allow the park to be established in the
proposed location the competition for parking by skaters will most likely result in 2
hour parking limits thus not just eliminating the 29 parking spaces but in essence all
the spaces for employee long term parking.
I would hope that IF you approve an extension you will tie parking into the equation
and stipulate that 29 new spaces be found for employee parking and that there shall
be unlimited parking at this location for the months of Nov and Dec. and provide 10
hour parking passes for those employees who want them for 365 days a year for
free.
I brought this subject up a number of years ago to some council members privately
and I was told "Oh don't worry Larry they will never get the funding and my
concern was mute". Well here we are down the road and we are again pulling the
rug out from under small business. You can add this to the long list of how we
turned the Central Business District into a mediocre street by depleting parking, i.e.
(Chart House/Skate park) by adding food operations, and allowing personal service
to replace retail. This project flies in the face of the last general plan review
committees request that we LESSON the USE in the CBD and not INCREASE it as
this project does.
Larry Justo Arzie
EXHIBIT F
file:HC:\Documents and Settings\sbaily.LOSGATOSCA\Local Settings\Temp\XPgrpwise... 1013 t/Luu
Date: October 17, 2007
For Agenda Of: October 24, 2007
Agenda Item: 2
REPORT TO: The Planning Commission
FROM: Director of Community Development
LOCATION: 41 Miles Avenue
Conditional Use Permit U-07-155
Requesting approval of a time extension to construct and operate a skate
park on property zoned RC. A Mitigated Negative Declaration has
previously been made for this proposal. APN 529-05-049.
PROPERTY OWNER/APPLICANT: Town of Los Gatos
DEEMED COMPLETE: October 11, 2007
FINAL DATE TO TAKE ACTION: December 9, 2007
FINDINGS: As required by Section 29.20.325(b) of the Town Code for granting a time
extension.
ENVIRONMENTAL
ASSESSMENT: It has been determined that this project will not have a significant impact
on the environment and a Mitigated Negative Declaration has been
previously made for this proposal.
EXHIBITS: A. Required findings.
B. Recommended conditions of approval.
C. Schematic development plans.
A. BACKGROUND
On June 21, 2004, the Town Council held a public hearing regarding a potential skate park at the
Town-owned parking lot on Miles Avenue. Neighborhood meetings were held at the subject site
to obtain preliminary public input. Based on the preliminary site feasibility assessment and on
public input, Council directed staff to proceed with the design of a skate park at this location. On
August 16, 2004, Council directed staff to proceed with an application for a Conditional Use
Permit (CUP). On December 8, 2004, the Planning Commission approved the CUP. On
October 11, 2006, the Planning Commission granted a one year time extension that expires on
December 8, 2007.
EXHIBIT G
The Planning Commission - Page 2
41 Miles Avenue - U-07-155
October 24, 2007
B. REMARKS
1. Site
The Town is requesting approval of a time extension to the CUP to construct a skate park on
approximately 12,300 square feet of Town property. The site area is approximately 22,000
square feet and is currently used as a parking lot. The site is located immediately south of
Balzer Field (a baseball field), east of Los Gatos Creek and the Los Gatos Creek Trail, west
of Hwy. 17 and north of a Town yard used for landscaping supplies. One entrance to the
park will be at the southwest corner of the site (adjacent to the Los Gatos Creek Trail) and
the second entrance will be at the northeast corner of the site. The park will be enclosed by
an eight foot high chain link fence. A drop off zone and five parking spaces will be provided
along the eastern park boundary between the northeast entrance and Miles Avenue. The
plans provided at this time are schematic and the details of the final design will be developed
during the building permit process (Exhibit Q.
2. Use
Hours of operation will be during daylight hours, seven days a week. The park will be
supervised during the first year. Council will determine if the park will be supervised for the
following years. Signs will be posted requiring the proper use of safety equipment. At this
time, it is anticipated that skateboarders and in-line skaters would be allowed to use the park,
and BMX cyclists would be prohibited. It is anticipated that the maximum usage of the park
would be approximately 30 to 40 skaters at any given time during the first year, gradually
decreasing to an average usage of approximately 10 to 20 skaters thereafter. The skate park
will have street and bowl type features designed for all levels of users. Skate park features
will range in height from two to six feet and will be constructed primarily of concrete with
steel used only for the coping and rails. No excavation will be required to develop any of
these features. Approximately eight feet of fill will be required in some places to develop
the features.
3. Parkin
The existing parking lot contains approximately 34 spaces. The skate park will contain five
parking spaces. There will be a net loss of 29 off-street parking spaces. A parking study was
conducted for the original application to determine the existing parking demand along Miles
Avenue. The survey concluded that the parking demand on Miles Avenue is low and that the
on and off street parking demand is less than the existing available parking supply. Based on
the survey count results, it was determined that with the loss of 29 parking spaces, there will
be an adequate supply of parking spaces within the remaining Town lots on Miles Avenue
The Planning Commission - Page 3
41 Miles Avenue/U-07-155
October 24, 2007
(including holidays and special events). In addition, there is adequate on street parking
available on Miles Avenue if there is an unusually high peak parking demand.
The Town recently conducted a parking study for one work week in August between the
hours of 9 AM and 5 PM. Of the 34 parking spaces available in the parking lot, one to nine
spaces were occupied during this period. Of the 29 parking spaces available in the
Engineering Division parking lot, one to 20 spaces were occupied during this period. This
study did not include counts on the public street.
Another parking study was recently conducted during a work week in October at 11:00 AM
and 3:00 PM. Of the 34 parking spaces available in the parking lot, three to seven spaces
were occupied during these hours. Of the 29 parking spaces available in the Engineering
Division parking lot, 13 to 17 spaces were occupied during these hours.
Staff has determined that there is still an adequate supply of parking spaces within the
remaining Town lots on Miles Avenue.
C. TIME EXTENSIONS
On April 3, 2006, Council determined that two time extensions are considered reasonable and
appropriate to allow projects to move forward. Time extensions are not intended to provide an
opportunity to completely revisit an application. It is intended to provide an opportunity to
evaluate if the facts that existed at the time of approval have changed or if information that was
used to evaluate the project is outdated or if new conditions are warranted.
D. RECOMMENDATION
No changes are proposed to the project and the plans meet current Town requirements.
Consequently, staff recommends that the Planning Commission make the required findings for
the time extension (Exhibit A) and approve the extension subject to the conditions of approval
which have been modified to reflect the new expiration date if the extension is approved (Exhibit
B).
r
Prepared y:
dy Bai , Associate Pl
Approved by:
Bud N. Lortz,
Director of Community Development
The Planning Commission - Page 4
41 Miles Avenue/U-07-155
October 24, 2007
BNL:SLB:ah
cc: Town Council
Pamela Jacobs, Interim Town Manager
Kevin Rohani, Interim Director of Parks and Public Works
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Fro : K. Deloumi (kdeloumi((--`--- -hoo.com)
To: kdeloumi@yahoo.com
Date: Wednesday, October 24, 2007 6:55:04 PM
Subject: Speech Oct. 24 event
Hi, I'm Karen Deloumi
• I am here to provide you with an update regarding the progress of the Skate Park Fundraising Committee.
• Over this past year -many- active, passionate community members, have put in hours
of hard work after working at their regular jobs.
• Why? To provide a safe environment for the town's youth. We understand the wide breadth
of benefits for our youth, citizens and community.
• Recently I have begun hearing that some adult residents are looking forward to it being
build as well.
• Regarding our efforts;
• This is truly a grass roots, community driven team effort. We are not perfect, have hit many bumps but our
only motivation is the kids. Not politics, nothing else.
I'm excited to provide you with all our updates on this past years skatepark fundraising efforts.
• First - nothing has changed in regards to the Miles Ave. location.
What has changed - I'll try to keep it brief:
- Young & old community members rallied providing a large number of small donations. The towns skate park
fund now has approx. $15,000 dollars - up from 7000 dollars last year. Youth regularly donated whatever they
had on hand.
- Pledges - we have in writing the following:
- 50,000 in matching contributions from Sobrato
- 10,000 dollar donation of cement. (1/4 of the total cement cost)
- Another 3000 dollars in cement discounts
- Offer of all materials at cost. (Worth conservatively 30,000 dollars)
- Offer of all labor at cost (Worth conservatively 30,000 dollars.)
- Other offers of free labor (value not added to total below.)
- Note: Offers of labor can be used only if those donating get together and work with the town.
- Note: (We have a general contractor on board.)
- 2000 to 5,000 in cash pledges
- Pledge of all PVC - not sure of value but a large amount is necessary.
- 125,000 from town of Los Gatos
- 100,000 from Monte Serena
This totals up to approx. $368,000 conservatively
- Estimated park cost 750 to 850K
- Gap approx. 400K
Funding notes:
-Gap could be funded with redev,- pment funds - town must spend or loses th-e state dollars.
-Funding never part of town budget
-Funding never a tax increase
-Town has the money
- We are tumed down for grants and corporate donations because of the towns coffers and our per captia income.
- Most parks are funded by the towns that value youth and consider themselves "youth friendly"
-Regarding the ballot measure - we have enough signatures to qualify as an initiative on the ballot.
-On Nov. 5th the council will choose to either pass the initiative and authorize building or delay for it to go on the
ballot.
- Miles Ave. is part of the ballot measure.
-Other items -
A few additional fundraising efforts in the works a few too early to announce. I can mention the following:
- one with the possibility of bringing in 30 to 60 K.
- another - the bottle, and can drive that the whole community can participate in
- Yet another is a fundraising event
In summary
- nothing has changed regarding the actual location,
-no parking spaces need to be lost,
- safety was assessed by the town,
-we've made great strides towards funding the park and look to the ballot measure to bridge the gap,
- our youth friendly park continues to have very strong community support
-We continue to be conservative regarding estimating costs and the value of donations.
- We are glad to live in democracy.
- All materials during the ballot collection show that we need 540K more to build the park.
- Initiative written and approved by town attomey states up to 10e78G Q to bridge gap between donations and
cost. 1 r J4
We ask you to continue holding the Miles Ave. location in good faith of all of the communities efforts. We also ask
you to vote YES should the council not follow the will of the people.
Taking Miles ave location is like saying "YES" to drugs. and no to "Youth Friendly image"
Thank you
Karen Qeloumi
408.399.9191
408.421.0377 cell
Areas of Concern Regarding CUP at 41 riles Ave:
The Miles-Edelen neighborhood has been significantly impacted in recent
history with an increase of skateboarders. This maybe due to the lure of Miles
Avenue hill, which, in itself, is an attractive nuisance, or perhaps because of the
knowledge of a possible future skatepark. We request that pasted signs be
immediately placed in the Edelen-riles streets that read, NO SKATEBOARDING.
An increase in skateboarders to our neighborhood is a significant change of
condition.
The recent parking study that was completed in October "during a work week"
and from 11:00 to 3:00pm does not address the periods of high peak use that are
associated with the Holiday Parade, weekend shoppers, town employees, trail
users, and baseball games that are after school and on weekends, Jazz on the
Plazz parking, and general non-specific overflow parking. Likewise, the town
requested the study, the town completed the study. The residents believe that this
study does not adequately reflect the types of users associated with this parking
lot.
- The permit would mean doing away with vital free and public parking for our
town for a skatepark that would benefit a small segment of the population. We
residents feel that the highest and best use of that area is as a parking lot.
More and more residents and merchants have come forward in recent history
voicing significant opposition to the location of the skatepark than at the
beginning of this Negative Declaration of December 2004. A total of 373
signatures has been collected from area merchants and residents expressing
their disapproval of doing away with a parking lot that is free and public to the
town. Therefore, the conditions have changed.
Noise that is typically generated by skateboards on cement is of a specific pitch
and quality that is heard by residents in nearby homes. The residents of the
Miles-Edelen neighborhood are subjected on a daily basis to this unpleasant noise
quality when the kids skateboard down the streets and down the hill.
The original Negative Declaration excludes a traffic study. Since 2004 many
more town vehicles travel up and down Miles Avenue. They are either police
vehicles or multi-axle trucks with no other street to get into or out of other than
Miles Avenue. The possibility of a town vehicle hitting a child on a skateboard is
heightened due to the presence of these trucks at all hours during the day. The
conditions have changed.
The residents believe that a skatepark in their neighborhood will signicantly
impact the quality of life to the extent that extreme caution will need to be
exercised when driving a ear near a skateboarder. Skateboarders will run the risk
of running into residents conning into our out of driveways, other people on
bicycles, mothers with strollers, etc., all while attempting to dodge the huge
trucks on Miles Avenue.
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Page I of I
Jackie Rose - Getter to Council CUP U-07-155
From: Philip Knopf <pwknopf@yahoo.com>
To: Jackie Rose <jrose@losgatosca.gov>
Date: 3/12/2008 10:08 AM
Subject: Letter to Council CUP U-07-155
Attachments: CUP41 MilesMarch 12.doc
Jackie,
Please include the attached letter to the Town Council for the March 17th meeting, concerning the
appeal of CUP U-07-155, 4 1 Miles Ave.
Thank you
Phil Knopf
Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now.
ATTACHMENT 9
March 12, 2008
Mayor and members of the Council
Re: CUP 41 Miles Avenue, Los Gatos U-07-155
L-
I have been a member of the Los Gatos Little League Board for over 25 years and during
that time I have been in charge of Balzer Baseball Field located on Miles Avenue.
When the Town Corporation yard expanded it took half of the North parking lot, and
because of the recent relocation of the Town Engineering Department to Miles Avenue,
what is remaining of the north parking lot has become quite congested prior to 5pm daily.
It was good to see the subject parking lot installed as parking is scarce during the baseball
season.
As the popularity of the creek trail grows there becomes a greater need for the subject
parking lot. This past weekend the lot was full.
In addition to the use of this lot by the Little League Baseball program and creek trail
users, there are employees of downtown businesses, special event attendees, and even
high school students seek out this parking lot due to the limited parking available to them
at the high school.
This lot is also used as a staging area for filling sand bags during the winter months, by
contractors doing work for the town in the downtown area, which currently includes PG
and E and Comcast.
I urge you to deny the extension of the CUP-41 Miles Avenue and continue to maintain
the use of this area as a parking lot for the many members of this community that depend
on its location.
Thank you,
Phil Knopf