Loading...
2011062015 - Addendum - 90-160 Albright Way and 14600 Winchester BoulevardMEETING DATE: 06/20/11 ITEM NO: ADDENDUM COUNCIL AGENDA REPORT DATE: June 17, 2011 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: PLANNED DEVELOPMENT PD-10-005; AND NEGATIVE DECLARATION ND-11-004. PROJECT LOCATION: 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD. PROPERTY OWNER: LG BUSINESS PARK, LLC. APPLICANT: JOHN R. SHENK. A. CONSIDER A REQUEST FOR APPROVAL TO MODIFY THE EXISTING PLANNED DEVELOPMENT TO ALLOW THE POTENTIAL FOR A MIX OF LAND USES. THE PROJECT MAY CONSIST OF OFFICE ALONE OR A MIX OF OFFICE AND MULTI -FAMILY AND/OR SENIOR RESIDENTIAL USES, SUBJECT TO DEFINED TRIGGERS. THE PROJECT COULD INCLUDE UP TO A MAXIMUM OF 550,000 SQUARE FEET OF OFFICE SPACE OR A COMBINATION OF LESS OFFICE SPACE WITH RESIDENTIAL USES. RESIDENTIAL USES COULD INCLUDE UP TO A MAXIMUM OF 516 MULTI -FAMILY UNITS AND UP TO A MAXIMUM OF 600 SENIOR UNITS ON PROPERTY ZONED CM:PD. APNS 424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, AND 063. B. CONSIDER A REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT. C. CONSIDER ADOPTION OF THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM. STAFF REMARKS: Attached are the final revised Errata Sheets for the Initial Study and Mitigated Negative Declaration (Attachment 20) and the revised Mitigation Monitoring and Reporting Program (MMRP) (Attachment 21). Please note that this MMRP is the document that Council will PREPARED BY: Wendie R. Rooney, Director of Community Development Reviewed by: Pi- Assistant Town Manage Town Attorney ,Clerk Administrator T— Finance , r °'ommunity Development AlbdghtAddendum.6-20-11.doc Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004 SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard June 17, 2011 need to adopt if the project is approved, not the MMRP attachment noted in on this matter. In addition, following are staff's response to items raised by individual subsequent to the preparation of the report on this matter. A. Highlight Planning Commission Issues the previous report Council members At the May 11, 2011, Planning Commission hearing the Commission continued the matter with the following direction and questions: • Why the project is being proposed with a Development Agreement; • More information on why a 15-year (plus 5-year extension) Development Agreement is being proposed; • More information on the balance of benefits between Town and project; • Why is the project not being prepared through a Specific Plan process; • Explain how this proposal relates to the General Plan and EIR; • More information on the environmental review that was conducted; • Why is a five -story Class A office building important to attracting and retaining businesses, and which tenants are asking for such height; • What the Town wide Office/R&D vacancy rates are and what the on -site vacancy rate is; • Any green building techniques proposed; • How the Creek Trail will be improved; • More specificity on the proposed development plans; and • More public noticing to a wider residential area. On May 31, 2011, the Planning Commission reconsidered the matter and raised the following issues: • Is five stories a necessity or "deal -breaker" for Netflix? Could some creativity be developed to achieve the same goals of creating an efficient Class A office building with less stories? • What is the loss of efficiency in the office space if lowered from five to four stories? • Clarification of Traffic Impact Analysis details as to when the traffic counting was done and how the Town decides on Level of Services. The Commission stated they had concerns with the proposed height of 85 feet. Commissioner Erekson made a motion in favor of the project with the modifications to limit the use of the development to Office/R&D and senior housing uses only, minimum amount of new office space at the site be 250,000 sq. ft. rather than 200,000 sq. ft., and limit the office buildings to a maximum of four stories and 70 feet in height. This motion died for lack of a second. Commissioner Talesfore was uncomfortable committing to the Development Agreement terms, such as freezing fees and setting the residential development trigger at 30 months. PAGE 3 MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004 SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard June 17, 2011 Commission Chair Sayoc also stated her support for Transit Oriented Development, but stated that this project was not her vision of Transit Oriented Development. She affirmed that Class A Office space was needed in the Town, and did not think that other uses had the same need. B. Development Agreement Staff is recommending that the Town enter into a development agreement with the Albright property owner. This is to reduce uncertainties in the planning process and provide for the orderly development of the project pursuant to the approvals and regulations of the Town. The DA would also provide a systematic approach to fund the cost of public improvements. Development agreements are frequently used in other jurisdictions for large scale and/or more complex projects that require new or significantly upgraded public improvements. The agreement generally allows the property owner vested rights to develop the property as approved in exchange for certain public benefits and public improvements. • This DA would grant the developer rights to develop the project over a 15-yr period with an optional 5-yr extension. • In exchange, the developer has agreed to provide funding for traffic improvements and community benefit over and above what the developer is obligated to mitigate through the MND and PD Performance Standards. In negotiating the Development Agreement, staff brainstormed and considered numerous options for additional community benefits and traffic improvements. Those proposed in the Development Agreement include substantial contributions by the applicant to support projects and opportunities with a relationship to the proposed project but not otherwise a requirement of the project. In general, throughout the negotiations of the development agreement, staff sought to require appropriate levels of traffic improvements to mitigate potential community concerns and to increase the community benefit funding provided through any residential development that might occur. C. Proposed Uses The proposed project has four scenarios. Two of the scenarios are office -only projects, one scenario involves multi -family and office development, and the fourth scenario involves senior housing and office development. The third and the fourth scenarios would both entail demolition of all existing office buildings on the subject property. The third scenario would include the construction of at least 200,000 sq. ft. of new office buildings on the northern part of the property, and up to 516 multi -family units on the southern part of the property. The fourth scenario would include the construction of 200,000 sq. ft. of new office space on the northwestern part of the property, and up to 600 senior housing units on the southern and eastern parts of the property. PAGE 4 MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004 SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard June 17, 2011 Senior Housing - The Town's Housing Element includes the goal to "retain and expand affordable housing opportunities for seniors" (Goal HOU-5), specifically by "supporting the development of new senior housing that includes continuum of care facilities within the Town" (Policy HOU-5.3). If Scenario 4 was to be implemented, staff would highly recommend that the facility include on -site affordable senior units. 100 units of affordable senior units would be a significant percentage of the total unmet need identified in the Housing Element. Mixed Use - A scenario for multi -family and office development would involve the demolition of the office buildings on the project site and construction of at least 200,000 s.f. of office space in two new buildings on the northern part of the property (approximately 10.5 acres). The southern part of the project site (approximately 11 acres) would be developed with up to 516 multi -family units. The multi -family units could be for sale or rental. Maximum building heights for multi -family buildings would be 55 feet. Multi -family residential use would include both market rate and affordable units on the project site. The multi -family units could be developed per the RM-12:20 zoning designation with densities up to 20 units per net acre based on the entire 21.6 acre site area. Affordable units are not counted towards density. D. Office Trigger Minimum In order to ensure that either existing or new Office/R&D are retained or developed prior to any multi -family or senior residential, the Development Agreement includes "triggers" (items that must occur before residential or senior development applications could be submitted for review) that must be met prior to any residential construction. These triggers are key to ensuring that the Town does not reduce the 2.6% of industrially zoned/developed remaining in the community. The following are the proposed Residential Development Triggers: Per the Development Agreement; until the earlier to occur of (i) issuance by the Town of a building permit for at least 200,000 square feet of new office development on the Property (the "Office Trigger"), and (ii) 30 months after the effective date of the Planned Development (PD) Zoning Ordinance for the Property (the "Phasing Trigger"), the applicant will only submit for Architecture and Site Approval and associated entitlements for new office development on the Property. (Emphasis added) E. Phasing The phasing process could accommodate variations of the Reduced Office -Only Project scenario that would allow continued office use of the project site while new office space is constructed. The phasing sequence proposed also includes the Maximum Office -Only build -out scenario. In any variation of the various scenarios, all phases would be required to be functional and compliant with the PD ordinance and Development Agreement both as stand-alone phases and as parts of the larger entire site development. PAGE 5 MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004 SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard June 17, 2011 F. Fiscal Impacts There are no immediate fiscal impacts to the Town from either approval or denial of the proposed Planned Development modification and related applicants, other than the cost recovery development fees required of all new development as well as the specified traffic improvements, community benefits, and school impact fees. However, there are additional long term potential fiscal impacts to the Town. The long tern fiscal impacts of the proposed zoning changes have been carefully considered during the negotiation phase of the Development Agreement. The zoning changes, while flexible, require a minimum amount of new Office/R&D space to be built, and a 30 month time period before any residential uses can be proposed. The end result is a zoning approval and Development Agreement that anticipate, and allow for, a fairly seamless expansion of Class A office space to accommodate the growth of Netflix, the expected end -user. Netflix currently contributes approximately 10 percent of the total Town General Fund revenues through its California sales and use tax collections, although significant reductions in this revenue to the Town are anticipated over the next few years due to the growth of streaming video. The current Albright properties pay approximately $20,000 to the Town through property tax collections. It is anticipated that the redevelopment of the Albright properties could increase Town property tax receipts from $100,000 to $300,000 per year. G. Need for Class A Office Space Class A office space describes the highest quality office space locally available. Class A office buildings are the most prestigious, competing for premier office users with rents above average for the area. If the proposal is approved, it would give the Town the ability to attract and retain corporate headquarters type businesses and the jobs and tax generation associated with these types of uses. Overall, the Town only has 2.6% of its land zoned for industrial/office R&D uses and continued preservation and careful planning of these areas will be key in maintaining the Town's ability to attract and retain high-tech corporate employers. This in turn supports the Town's continued efforts to maintain fiscal sustainability and provide a balance of jobs and housing opportunities for both environmental and economic benefits. This proposal would be replacing outdated Class C office space with Class A space that would be more competitive with surrounding Silicon Valley communities. Class C office is defined as office space with adequate systems and finishes, but the buildings do not compete with Class A buildings for the same prices. Currently, the Town has a large percentage of Class C office opportunities. By transforming this site into Class A space, the Town will be diversifying its office options, allowing for better retention and attraction of corporate businesses and regional, national or international headquarters operations. PAGE 6 MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004 SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard June 17, 2011 Recent data released by the Town's economic consultants (BAE Urban Economics) reveal that there is an increasing demand for Class A Office/R&D space in Silicon Valley. Menlo Park (Facebook), Palo Alto, Mountain View (Google), Sunnyvale (Juniper), and Cupertino (Apple) all demonstrate that corporate Silicon Valley is beginning to expand. The potential Netflix expansion onto the proposed site is a reflection of that movement. As Class A office spaces in these communities begin to fill up, there will be a need to provide for opportunities to capture the expansion and relocation of corporations elsewhere. Due to several factors, including a multi -generational work force and the desire to build sustainable projects, most of the expansions mentioned above involve a vertical orientation. These buildings often meet Leadership in Energy and Environmental Design (LEED) standards have increased building efficiencies, promoting a collaborative work force as employees can access one another efficiently, and provide a healthy work environment with access to light and greater opportunities for landscaped surroundings. Class A buildings built within the past five years in Silicon Valley have incorporated these building theories and are in demand. H. Other Sites Available for Continuing Care Facilities The Town has received inquires in the past about placement of senior living facilities at different locations. These have included the Los Gatos Lodge site which is an approximately 8.5 acre site that would require a PD modification to allow senior uses. Other sites include the former Honda site on the east side of Los Gatos Boulevard which is approximately 1.9 acres. The Meadows, an existing senior living facility, has made inquires about general upgrading and rebuilding of their facility. Generally, there are not a multitude of sites within the Town that are large enough to support a full service "continuum of care" type of facility that seeks to provide the full spectrum of senior living facilities from totally independent living to assisted living for seniors. However, such uses might be possible on vacant parcels along Oka Road or Los Gatos Boulevard subject to later land use and other considerations and actions. I. Building Height The applicant is proposing buildings to be up to five stories. The height, as measured to the top of the roof screen, for four story buildings is 70 feet, and the height of five stories is 84 feet 6 inches. The Town Code in the CM zone allows heights of 35 feet for buildings within the CM zone, however the PD overlay zone allows additional heights to be considered and approved. The existing Netflix buildings are three stories in height and are up to 55 feet in height. Generally, both the existing Netflix buildings and the proposal consist of approximately 15 feet per floor and a 10 foot allowance for the roof screen. As a result, total building heights can be thought of as 15 feet per floor, plus 10 feet for the roof screen. The table below illustrates this relationship. PAGE 7 MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004 SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard June 17, 2011 No. of Stories Height per floor Building Height Roof Screen Total Bldg. Height Three 15 ft. 45 ft. 10 ft. 55 ft. Four 15 ft. 60 ft. 10 ft. 70 ft. Five 15 ft. 75 ft. 10 ft. 85 ft. It is of interest to note that while the existing Netflix buildings are only three stories and 55 feet in height, the proposal for five stories and 85 feet in height maintains a similar relationship to the street in that the greater setback from Winchester maintains the same relationship of setback to height ratio. This is shown in the attachments. In combination with the retention of the existing mature Redwoods, the visual impact of the proposal is expected to be significantly less than what might otherwise be expected. Significantly greater height impacts can be found in or near Los Gatos at the following sites: Penthouse Apartments — 55' maximum height with 10' minimum setback Toll House Hotel — 63' maximum height with 20' setback Samaritan Cancer Center — 79' height with 20' setback J. Height Mitigation The Initial Study provides mitigation measures stating that the height of future office and/or residential structures should be limited such that a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines from Winchester Boulevard and State Route 85, retain existing tree screens, and initiate landscape plantings, to reduce the project's visual quality impacts to less -than - significant levels. There are a significant number of landscape trees on both the west side of the project property along Winchester Boulevard, and on the southeast side abutting the Charter Oaks neighborhood. Landscape trees along the site's eastern boundary with the Los Gatos Creek Trail are intermittently spaced and generally range from about 12 to 20 feet in height. The Initial Study states that views from the Charter Oaks development of the proposed structures would be screened almost fully by the existing topography and vegetation. The preservation of the existing mature trees on the property along Winchester Boulevard and the Charter Oaks property line is critical to provide a visual transition that will facilitate compatibility with the surrounding neighborhood. Many of the existing Redwood trees are 50 to 70 feet tall and would screen both 70 ft and 85 ft tall buildings when viewed from fairly close range. Views of the tallest proposed buildings from Highway 85 are filtered by landscape trees along the northern site perimeter, which abuts the highway. The taller proposed buildings are sited closer to the western and southeastern perimeters of the site rather than the northern perimeter. The section of Highway 85 adjacent to the site is sub -grade relative to the site, reducing the building mass perceivable from the highway. PAGE 8 MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004 SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard June 17, 2011 In addition, building design features and articulation, as well as landscaping and slope impacts, will be carefully considered through the subsequent Architecture and Site review process to ensure the minimization of height impacts. K. Proposed setbacks The proposed PD stipulates increasing setbacks as building heights increase. For example a four story building (70 feet) would require a 65 foot setback while a five story building (84 feet 6 inches) would require an 80 foot setback along the Winchester Boulevard frontage. The setback from the Charter Oaks development and the Creek Trail would be a minimum of 80 feet in all cases in order to provide a greater setback along these locations. The PD requires portions of upper floors to be setback so that the apparent building mass is reduced as it becomes taller. The taller buildings allow for greater setbacks than those currently existing (a 20 foot existing setback in some locations). The setback from the Charter Oaks development and the Creek Trail would be a minimum of 80 feet in all cases in order to provide a greater setback along these locations. L. Project Revisions and Recommendation The applicant has indicated today that he is considering several modifications to his project proposal in response to Planning Commission and community comments received to date. Consequently, staff will provide a modified set of actions and alternatives for Council consideration Monday evening, including: 1) Accepting the Planning Commission's recommendation to adopt the environmental documentation (Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and certification Resolution); 2) Acting on the proposed Planned Development and Development Agreement ordinances: a. Approve required findings and introduction of ordinances with specified direction for any changes to be incorporated for the second readings of both ordinances at a subsequent Council meeting; b. Continue the project to a date certain with specific direction; c. Remand the project to the Planning Commission with specific direction; d. Deny the project application ATTACHMENTS 1-18. Previously received under a separate cover 19. FAQ (three pages) 20 Revised Errata Sheets for the Initial Study and Mitigated Negative Declaration 21. Revised Mitigation Monitoring and Reporting Program 22. Written communications received after completion of staff report to Town Council for the meeting of June 20, 2011 (12 pages) 23. Angle of Height Diagrams TOWN OF LOS GATOS PROPOSED ALBRIGHT WAY DEVELOPMENT FREQUENTLY ASKED QUESTIONS Q: What improvements currently exist on the Albright Way site? A: The subject property is currently developed, with eight one-story and two two-story research and development (R&D) and office buildings along with driveways, parking areas, and landscaping. The square footage of the existing buildings is approximately 250,000 s.f.. The buildings were constructed from the mid-1970s through the early 1980s. Q: What is the applicant requesting? A: A Development Agreement, Mitigated Negative Declaration, and a Planned Development that would allow one of the following one: • Up to 550,000 square feet of new Class A office/R&D space; • Up to 516 residential units with 200,000 square feet of new office/R&D space; • Up to 600 senior units with 200,000 square feet of new office/R&D space; Why is this project being processed as a Planned Development (PD)? The purpose of a PD is to provide for alternative uses and development that is more consistent with site characteristics than would be allowed by the underlying zoning, to create optimum quantity and use of open space, and to encourage good design. A PD is required to include only conceptual development plans. The Planning Commission's recommendation on the PD is being forwarded to the Town Council for final action. As the application is conceptual in nature, the Architecture and Site applications for the project would be reviewed by the Planning Commission subsequently. Q: A: Q: What is a Development Agreement? A: Development agreements are frequently used in other jurisdictions for large scale and/or complex projects that require new or significantly upgraded public improvements. The agreement generally allows the property owner vested rights to develop the property as approved in exchange for certain public benefits and public improvements. Q: A: Was environmental review analysis completed for this project? Yes. An Initial Study and Mitigated Negative Declaration were prepared for the project. The environmental review for the project considered the "worst case" scenario from an environmental point of view to develop Mitigation Measures. For example, the "all Office scenario" has the most peak hour traffic. Thus, this scenario was used to develop the Traffic Mitigation Measures. These Mitigation Measures will be implemented regardless of the ultimate level and type of use approved for the site. This approach allows for a high level of environmental protection while still allowing future land use flexibility. ATTACHMENT 19 Q: What effect will this development have on traffic on Winchester Boulevard and other nearby streets? A: According to the Traffic Study included in the Initial Study and Mitigated Negative Declaration, cumulative traffic impacts resulting from the proposed development will be reduced to a "less than significant level" with the implementation of the proposed Mitigation Measures. Q: What impact will the project have on schools? A: The 2020 General Plan and Environmental Impact Report established "student generation rates" associated with residential development. These rates were calculated in 2010 largely based on actual school district enrollment data, and both school districts were in agreement with the methodology used to determine the generation rates. The student generation rates for the two types of residential units proposed with the multi -family alternative are: Dwelling Type Grades K-5 6-8 9 —12 Apartments 0.086 0.041 0.075 Below Market Price Units 0.182 0.048 0.076 Based on the above generation rates, the 516 Multi -Family development would generate approximately 77 students to LGUSD and 39 to LGSSUHSD. Both of these school districts are classified as basic aid districts. A basic aid school district is one in which the district's per pupil property tax revenue exceeds its per pupil revenue limit. For these districts, the state does not provide any general purpose funding, instead they receive all of their general purpose funding from the local property tax. These school districts are also eligible to receive school impact fees established by the State in legislation known as SB 50. Under SB 50, passed in 1998, the payment of school mitigation impact fees is deemed to provide "full and complete mitigation of impacts" from the development of property within school districts. SB 50 provides that a State or local agency may not deny or refuse to approve the planning, use, or development of real property on the basis of a developer's refusal to provide mitigation in amounts in excess of that established by SB 50. The project would be subject to the Residential rate of $2.97 per square foot and the Commercial rate of $0.47 per square foot (or rates in effect at time of issuance of Building Permits). The estimated school impact fees for these two districts are: Scenario Net new Square Feet Fees to be paid (Estimated) 1 300,000 sf -- Office $141,000 2 91,000 sf -- Office $42,770 3 464,400 sf -- Multi -Family Housing $1,379,268 Q: Why weren't story poles required to be installed? A: An exception to the Story Pole Policy was granted for this project because the proposed maximum height of 85 feet would be infeasible and potentially unsafe to replicate with temporary structures; there are existing tenants occupying the existing buildings that would be adversely affected; and the building locations have not been finalized and the resultant story pole installation would not be accurate. Instead, visual simulations illustrating several frontages (including the more predominant ones from Winchester Boulevard, Highway 85, and Los Gatos Creek Trail) were used to determine the visual impact of the allowable structures. The existing site vegetation is transposed in the simulations to help provide a sense of scale. It should be noted that other projects have not been required to erect story poles, including the existing Netflix and Aventino developments and Safeway. About the Public Decision -making Process Q: A: What is the timeline for decisions on this development? This development follows the same public review and decision -making as any other proposed Planned Development. It has been in the works for almost one year and the Mitigated Negative Declaration has been available for public review since December, 2010. The Planning Commission reviewed the applicant's proposal on May 11, 2011, and continued the matter. On May 31, 2011 the Planning Commission reviewed the proposal and recommended approval of the Development Agreement, Mitigated Negative Declaration, and the Planned Development with following modifications to the applicant's proposal: • Up to 550,000 square feet of Class A office/R&D space; • Up to three stories in height (55 feet). No final decisions will be made until after public hearings by the Town Council. Q: Are there additional opportunities to provide input on the Albright Way development? • A: Yes. No final decisions have been made. The following includes the upcoming public input opportunities: • Town Council will hold a public hearing on June 20, 2011. At the June 20, 2011 hearing the Town Council will be considering approval of the Development Agreement, Mitigated Negative Declaration, and Planned Development. • The Town Council will not be reviewing the Architecture and Site design for the development at these meetings. This review will occur subsequently, if the Planned Development is approved. Q: If the project is approved what would be the next step? A: The next step would be for the applicant to prepare detailed plans and file an Architecture and Site application for the approval of the first phase of development. The Architecture and Site application would be reviewed and approved by the Planning Commission. This Page Intentionally Left Blank ERRATA SHEET INITIAL STUDY 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD Los GATOS, CALIFORNIA PLANNED DEVELOPMENT APPLICATION PD-10-005 MITIGATED NEGATIVE DECLARATION ND-11-004 Based on new information released by the Bay Area Air Quality Management District (BAAQMD)r and additional information provided by the applicant's consultant,2 the following text changes have been made to the Initial Study (IS). None of the text changes would result in new significant environmental impacts not previously disclosed in the IS. Changes and clarifications to the Initial Study text, as outlined below, were initiated by staff subsequent to publication of the IS to clarify content, add additional information received after the release of the IS, or to correct the content in the IS. The following changes should be made in the IS dated April 2011 (added text is underlined and deleted text is shown as strikeout): Project Description Page 1-16, last paragraph, last sentence: "Except for the removal of ?? trees for the construction of a new entry on Winchester Boulevard, trees on the perimeter of the property would be retained and protected to ensure appropriate screening from residential neighborhoods adjoining the project site (e.g. Charter Oaks neighborhood)." Aesthetics Page 2-14, first paragraph, last two sentences: "The development proposal of this scale and mass would not conform to the intent of the General Plan's Vision statement and the VLR Element's stated philosophy to maintain a "small-town character" for the community, and therefore, would have a potentially significant effect on the site's visual character. However, implementation of Mitigation Measure AES-1, which would restrict maximum building heights to be similar to adjoining commercial and residential development in the project vicinity and/or situate proposed structures to minimize visual effects upon adjoining residents and the public, would reduce this impact to a less -than -significant level." Page 2-15, Mitigation Measure AES-1, Item a: "a. Futur e office and residential structures shall be limited to a height that ensures a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines and supportth e community's objective of maintaining its small-town character from Winchester Boulevard and State Route 85; and/or" z Cornerstone Earth Group, Geotechnical Consultation, Albright Way Transit Oriented Development, Winchester Boulevard, Los Gatos, California, May 3, 2011. Bay Area Air Quality Management District, County Surface Street Screening Tables, April 29, 2011. Attachment 20 Air Quality Page 2-31, Mitigation Measure AQ-5: "AQ-5: Operational Risk Reduction Measures. A minimum 261-foot setback from the freeway shall be required for proposed residential uses and is considered by the BAAQMD to be sufficient to mitigate any potentially significant impacts on any residential uses to unhealthfil levels of TACs or PM, 5. For any residence., threshold distance but adjusted for tra`fe/tr.ck volume.. at the time of development), the project applicant shall demonstrate to the Town's satisfaction that the prnno3od reside«N^I setbaeI o ad I f it I ll 1 powieledi a. A filtered air supply system shall be installed in all residential units to maintain positive pressure when wind ws arc closed. The ventilation system, whether a central HVAC (h ating, ventilation and pes&ibl onditieiiing` or a unit by unit filtration system, shall include high efficiency filter., meeting minimum efficiency reporting value (MERV) 13, per American Society of H ting, Refrigerating and Air Conditioning Engineer., (ASHRAE) Standard 52.2 (equivalent to approximately ASI-IRAE Standard 52.1 Dust Spot 85 percent) or shall be certified by a licensed design professional that the ventilation system is capable of removing more than 80 percent of ambient PM2.5 from habitable ar us of dv,elling units. b. air intakes for usrnn Shan he u Ioe,.tecl a',yay ffem the freeway,. tthe maximum extent f usible. "u� c. The applicant shall also prepare and implement a plan that ensures on going maintenance of ventilation and filtration systems, including informing occupant's of the proper maintenance of any installed air filtration system." Hydrology and Water Quality Page 2-72, last three paragraphs: "The Association of Bay Area Governments has compiled a database of Dam Failure Inundation Hazard Maps (ABAG, 1995). The generalized hazard maps were prepared by dam owners as required by the State Office of Emergency Services and are intended for planning purposes only. Based on the review of these maps, the project site may be partially in an area designated as a dam failure inundation area. This is a potentially significant impact and would need to be confirmed during a final design level investigation: However, the Santa Clara Valley Water District proactively performs seismic stability evaluation and monitoring (visually and with instrumentation) of its dams, to mitigate the potential risk to life and property. In addition, dam inundation maps generally conservatively assume a complete release which also has a relative low risk of occurrence. For the purposes of this study, it is assumed that the project site would be affected by inundation from dam failure but the likelihood of a failure is extremely low and the portion of the site that would be affected is limited to lower elevations near Los Gatos Creek. This in conjunction with the dam safety measures implemented by the Santa Clara Valley Water District on an ongoing basis would reduce the dam inundation impact potential to a less -than -significant level. However, with implementation of Mitigation Measure HYD 2, the potential for flooding on tho site from dam failure would be reduced to a less than significant level. Mitigation Measur hydrology and Wu4er The following measure shall be implemented by the project applicant under all Project HYD 1: Establish Potential Inundation Limits. The grading plans for the project design shall indicate the potential inundation elevations on the site and will site inundation and preclude increased inundation hazards to downstr m properties. Typical meth ds of controlling flood hazards include the use of grading to shield the development from inundation, or by setting interior finished floor elevations above ..t : nd..tion elevations " Transportation/Traffic Page 2-115, Mitigation Measure TRA-3: "Winchester Boulevard and Lark Avenue (Signalized Intersection #6). An -additional 100 F F a r r I..ne shall be added by extending the existing southbound southbound left turn lanes would require removal and reconstruction of the median along Town may review and approve an operational study of the Winchester Boulevard corridor between Lark Avenue and State Route 85 during Architecture and Site review. The study, prepared by a licensed engineer, must show that co rdination and „ hr ..at:,. oft..,, FF.e al tinny g itlTin tl,:.. 'd fell _— _-- _- ___ co.i iacx c project queues at the Lark Avenue intersection by keeping them from extending into the Wimbledon Drive intersection. The developer shall interconnect and synchronize the traffic signals at the Lark/University, Winchester/Lark, Winchester/Wimbledon, and Winchester/New project entry intersections to mitigate pre- and post -project queues at the Lark Avenue intersection by preventing them from extending into the Wimbledon Drive intersection.' The interconnection and synchronization improvements shall be completed prior to issuance of the first certificate of occupancy for the development phase that triggers project entry signalization. These improvements are based on an operational study of the interconnection and synchronization of traffic signals at Lark/University, Winchester/Lark Winchester/Wimbledon, and Winchester/New project entry intersections that was prepared Hexagon Transportation Consultants, Inc. in June 2011. The study concluded that interconnection and synchronization of these signals would fully mitigate project queuing impacts without the need to lengthen turn pockets." Page 2-116, Mitigation Measure TRA-4: "Pedestrian and Bicycle Access. As part of Architecture and Site Review, the Town shall specifically review and evaluate site development plans for the need to cithcr provide or prevent pedestrian access along east side of Winchester Boulevard (north of Albright Way). In addition, a In order to avoid potential pedestrian safety hazards, the project applicant shall install appropriate fencing along the east side of Winchester Boulevard to prevent pedestrians from trying to cross the railroad tracks. Further, aAll required improvements along Winchester Boulevard (including those specified in this measure and Mitigation Measure TRA-1 through TRA-3 shall be designed to accommodate the proposed Class II bikeway designated by the 2020 General Plan for Winchester Boulevard between Lark avenue and the northern town limit" Page 2-11.6, Mitigation Measure TRA-5: "Parking Survey. During the Architecture and Site review process, a parking survey will need to be completed at other comparable facilities in the region in order to determine adequacy of proposed parking for liar•* lustri^r u se ,,,le.. aO Prgj et -Scenarios and for senior residents as well as senior facility staff under Scenario 4." N:\DEVUOEL\PLANNING\Albright\Environmcntal\Studies and Reports\ErrataAlbrightISFinal.doc ERRATA SHEET MITIGATED NEGATIVE DECLARATION 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD Los GATOS, CALIFORNIA PLANNED DEVELOPMENT APPLICATION PD-10-005 MITIGATED NEGATIVE DECLARATION ND-11-004 Based on new information released by the Bay Area Air Quality Management District (BAAQMD)u and additional information provided by the applicant's consultant, 2 the following text changes have been made to Mitigated Negative Declaration (MND). None of the text changes would result in new significant environmental impacts not previously disclosed in the MND. Changes and clarifications to the MND text, as outlined below, were initiated by staff subsequent to publication of the MND to clarify content, add additional information received after the release of the MND, or to correct the content in the MND. The following changes should be made in the MND dated April 2011 (added text is underlined and deleted text is shown as strikeout): Project Description Page 5146, sixth paragraph, last sentence: "Except for the removal of ?? trees for the construction of a new entry on Winchester Boulevard, trees on the perimeter of the property would be retained and protected to ensure appropriate screening from residential neighborhoods adjoining the project site (e.g. Charter Oaks neighborhood)." Aesthetics Page 10, fifth paragraph, last two sentences: "The development proposal of this scale and mass would not conform to the intent of the General Plan's Vision statement and the VLR Element's stated philosophy to maintain a "small-town character" for the community, and therefore, would have a potentially significant effect on the site's visual character. However, implementation of Mitigation Measure AES-1, which would restrict maximum building heights to be similar to adjoining commercial and residential development in the project vicinity and/or situate proposed structures to minimize visual effects upon adjoining residents and the public, would reduce this impact to a less -than -significant level." Page 11, Mitigation Measure AES-1, Item a: "a. Futur e office and residential structures shall be limited to a height that ensures a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines and Bay Area Air Quality Management District, County Surface Street Screening Tables, April 29, 2011. 2Cornerstone Earth Group, Geotechnical Consultation, Albright Way Transit Oriented Development, Winchester Boulevard, Los Gatos, California, May 3, 2011. support the community's objective of maintaining its small-town character f rom Winchester Boulevard and State Route 85; and/or" Air Quality Page 22, Mitigation Measure AQ-5: "AQ-5: Operational Risk Reduction Measures. A minimum 261-foot setback from the freeway shall be required for proposed residential uses and is considered by the BAAQMD to be sufficient to mitigate any potentially significant impacts on any residential uses to unhealthful levels of TACs or PM, 5. For any residences developed under Scenarios 3 or 1 within 900 feet (or the BAAQMD's screening threshold distance but adjustcd for traffic/truck volumes at the time of development), the project applicant shall demonstrate to the Town's satisfaction that the proposed residential setbacks are adequate or the following shall be provided: a. A filtered air supply system shall be installed in all residential units to whether a c ntral HVAC (heating, ventilation and possibly air conditioning) or a unit by unit filtration system, shall include high efficiency filter., meeting minimum efficiency reporting value (MERV) 13, per American Society of H-ating, Refrigerating and Air Conditioning Engineer., (ASHRAE) Standard 52.2 (equivalent to approximately ASHRAE Standard 52.1 Dust Spot 85 percent) or shall be certified by a licensed design professional that the ventilation system is capable of rem ,are t an 80 percent of ambient PM2.5 from habitable ar as of dwelling units. b. Air intakes for HVAC shall be 1 cated away from the free stay —to —the maximum extent feasible. c. The applicant shall also prepare and implement a plan that ensures n goin_ occupant's f the proper maintenance of any installed air filtration system." Hydrology and Water Quality Page 48, third, fourth, and fifth full paragraphs: "The Association of Bay Area Governments has compiled a database of Dam Failure Inundation Hazard Maps (ABAG, 1995). The generalized hazard maps were prepared by dam owners as required by the State Office of Emergency Services and are intended for planning purposes only. Based on the review of these maps, the project site may be partially in an area designated as a dam failure inundation area. This is a potentially significant impact and would need to be confirmed during a final design level iswestigatiem However, the Santa Clara Valley Water District proactively performs seismic stability evaluation and monitoring (visually and with instrumentation) of its dams, to mitigate the potential risk to life and property. In addition dam inundation maps generally conservatively assume a complete release, which also has a relative low risk of occurrence. For the purposes of this study, it is assumed that the project site would be affected by inundation from dam failure, but the likelihood of a failure is extremely low, and the portion of the site that would be affected is limited to lower elevations near Los Gatos Creek. This, in conjunction with the dam safety measures implemented by the Santa Clara Valley Water District on an ongoing basis, would reduce the dam inundation impact potential to a less -than -significant level. However, with implementation of be reduced to a loss than significant level. Mitigation Measures riyarology and Water n..al:ty rHYD) Tl.e f ❑owing measure shell r.e implemented b., the project ..pp n,nt under ell Project Scenarios to reduce the project's storm drainage impacts to loss than significant levels: IIB 1: Establshh Potx mcntiall- nundation Limit. Th r :. F project design shall indicate the potential inundation elevations on the site and sill site i ,nation and p eclude : so.l i ,ndation hazards to do...not.. .a.w u.uuvw..u.. u..Cr1J� u.uuu aaavauu..uu ... u.. ♦,u..u.. „u[. u, u� .v uvvv-ia� .. Typieal metho,lo of controll ng flood hazards :.elude the e of gradin. he development from inundation, r by setting interior finished floor elevations above Transportation/Traffic Page 79, Mitigation Measure TRA-3: "Winchester Boulevard and Lark Avenue (Signalized Intersection #6). An additional 100 feet of storage space per lane shall be added by extending the existing southbound left turn lanes on Winchester Boulevard back to Wimbledon Drive. The extension of the couthbound left turn lanes would require removal and reconstruction of the median along Winchester Boulevard bet...oen T ark nvenuo end Wimbledo„ Dr:..o A it.....ately the Town may review and approve an operational study of the Winchester Boulevard corridor between Lark Avenue and State R ute 85 during Architecture and Site review. The study, prepared by a licensed engineer, must show that coordination and synchronization of traffic signal timing within this corridor fully mitigates prc and post project queues at the Lark Avenue intersection by keeping them from extending into the Wimbledon Drive intersection. The developer shall interconnect and synchronize the traffic signals at the Lark/University, Winchester/Lark Winchester/Wimbledon and Winchester/New project entry intersections to mitigate pre- and post -project queues at the Lark Avenue intersection by preventing them from extending into the Wimbledon Drive intersection.' The interconnection and synchronization improvements shall be completed prior to issuance of the first certificate of occupancy for the development phase that triggers project entry signalization." Page 79, Mitigation Measure TRA-4: "Pedestrian and Bicycle Access. As part of Architecture and Site Review, the Town ' These improvements are based on an operational study of the interconnection and synchronization of traffic signals at Lark/University, Winchester/Lark, Winchester/Wimbledon, and Winchester/New project entry intersections that was prepared Hexagon Transportation Consultants, Inc. in June 2011. The study concluded that interconnection and synchronization of these signals would fully mitigate project queuing impacts without the need to lengthen turn pockets. provide or prevent pedestrian access along east side of Winchester Boulevard (north of Albright Way). In addition, a In order to avoid potential pedestrian safety hazards, the project applicant shall install appropriate fencing along the east side of Winchester Boulevard to prevent pedestrians from hying to cross the railroad tracks. Further, aAll required improvements along Winchester Boulevard (including those specified in thin m asurc and Mitigation Measure TRA-1 through TRA-3) shall be designed to accommodate the proposed Class II bikeway designated by the 2020 General Plan for Winchester Boulevard between Lark avenue and the northern town limit." Page 2 11679, Mitigation Measure TRA-5: "Parking Survey. During the Architecture and Site review process, a parking survey will need to be completed at other comparable facilities in the region in order to determine adequacy of proposed parking for light i. clustrial , nder an nrojoct Scenarios a d for senior residents as well as senior facility staff under Scenario 4." N:\DEVUOEL\PLANNINGWIbright\Environmental\Studies and Reporrs\ErrataAlbrightMNDFinal.docx MITIGATION MONITORING AND REPORTING PROGRAM DATE: June 16, 2011 PROJECT: 90 - 160 Albright Way and 14600 Winchester Boulevard/ PD-10-005, ND-11-004 Mitigation Measure-. -- _ - Tmplernen• tation -Responsibility `. Timing& 7 Monitoring 1. Aesthetics Mitigation Measures — Aesthetics (AES). The following measures shall be implemented by the project applicant under all Project Scenarios to reduce the project's visual quality impacts to less -than -significant levels. AES-1: Limit Visibility. In order to be consistent with the scale and heights of adjoining commercial and residential development in the project vicinity, support the objectives and policies of the General Plan's VLR Element, and maintain the small-town character of the community, the proposed project configuration shall implement one or both of the following measures: a, Future office and residential structures shall be limited to a height that ensures a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines and support the community's objective of maintaining its small-town character; and/or b. Future office and residential structures shall be situated and designed to minimize visual effects on the travelling public, adjacent residents, and nearby commercial uses. The selected project scenario shall include a design That incorporates a combination of buildings with various rather than uniform heights; building design features such as articulation of facades, appropriate fenestration treatment, and shnilar architectural elements; and a landscaping plan that includes tree species with appropriate height potential to maximize screening of the proposed buildings' upper floors. Required as a condition of approval. Directors of Community Development and Parks and Public Works Prior to issuance of any Tree Removal Permits. Ensure these measures are incorporated into project plans. Monitoring: During Construction. AES-2: Tree Screens. Existing landscape trees along the northern boundary should he retained to the maximum extent possible to more quickly provide screening from SR 85 and the Los Gatos Creek Trail. Required as a condition of approval. Directors of Community Development and Parks and Public Works Prior to issuance of any Tree Removal Permits. Ensure these measures are incorporated into project plans. Monitoring: During Construction. AES-3: Landscape Plantings. Proposed landscape plantings shall be initiated during the preliminary phases of the any approved development scenario in order to maintain and enhance the screening of project site facilities from residents in the Charter Oaks neighborhood andrecreationists using the Los Gatos Creek Trail. In the event that the applicant is responsible for the planting of more replacement trees than can be accommodated on the project site, the project applicant and Town will consider opportunities for the planting of native riparian plant species, including trees, within the Los Gatos Creek riparian zone. These efforts will need to be coordinated with the Santa Clara Valley Water District, which has jurisdiction over the creek and adjoining riparian areas. Required as a condition of approval. Directors of Community Development and Parks and Public Works Prior to issuance of any Tree Removal Permits. Ensure these measures are incorporated into project plans. Monitoring: During Construction. 2. Agriculture and Forestry Resources No Mitigation Measures and Monitoring required. N/A N/A N/A 3. Air Quality Mitigation Measures —Air Quality (AQ). The following measures shall be implemented by the project applicant (Measures AQ-1 through AQ-4 apply to all Project Scenarios, while Measure AQ-5 applies to Scenarios 3 and 4 only) to reduce the project's air quality impacts to less -than -significant levels: AQ-1: Basic Construction Measures. To limit the project's construction -related dust and criteria pollutant emissions, the following BAAQMD-recommended Basic Construction Mitigation Measures shall be included in the project's grading plan, building plans, and Required as a condition of approval. Director of Community Development Prior to issuance of any Grading Permit. Ensure these measures are incorporated into project plans. Monitoring: During construction. 1 Attachment 21 Mitigation Measure;. implemen- Cation -Responsibility Timing 84 Monitoring (AQ-1 continued.) contract specifications: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered bye times per day. b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. c. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry paver sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance v6th manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to In running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take connotive action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. AQ-2: Additional Construction Measures. The following BAAQMD Additional Construction Mitigation Measures shall be included in contract specifications for construction: a. Use low volatile organic compounds (VOC) (i.e., reactive organic gases [ROG]) coatings beyond the BAAQMD requirements (i.e., Regulation 8, Rule 3: Architectural Coatings). b. VOC content of architectural coatings shall not exceed 150 grains VOC per liter of coating. Required as a condition of approval. Director of Comnmity Development Prior to issuance of any Grading Pennit. Ensure these measures are incorporated into project plans. Monitoring: During construction. AQ-3: Additional NOx Reduction Construction Measures. The following limitations shall be included in contract specifications for construction and adhered to during soil hauling activities (during mass and fine grading) for each construction phase in order to ensure NOx emissions would be reduced to less -than -significant levels (phasing parameters are defined in the URBEMIS2007 Assumptions included in Appendix A of Attachment 2 of the Initial Study): • Phase 1: Trucks hauling soil during Phase 1 shall not travel more than 23 miles roundtrip. Daily vehicle miles traveled (VMT) during mass grading shall not exceed 1,416; daily VMT during fine grading shall not exceed 425. • Phase 2: Trucks hauling soil during Phase 2 shall not Gavel more than 26 miles roundtrip. Daily VMT during mass grading shall not exceed 1,629; daily VMT during fine grading shall not exceed 671. • Phase 3: Trucks hauling soil during Phase 3 shall not travel more than 36 miles roundtrip. Daily VMT during mass grading shall not exceed 2,318; daily VMT during fine grading shall not exceed 625. The contractor shall log VMTs daily and submit to the Town monthly. These limitations shall be stipulated in construction bids, plans, and specifications. Required as a condition of approval. Director of Community Development Prior to issuance of any Grading Permit. Ensure these measures are incorporated into project plans. Monitoring: During construction. AQ-4: Additional DPM Reduction Construction Measures. Prior to the approval of project plans and specifications, the Town Engineer, or his designee, shall confirm that the construction bid packages include a plan demonstrating that the off -road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) will achieve a project wide fleet -average 20 percent NOx reduction and 45 percent diesel particulate matter (DPM) reduction compared to the most recent CARB fleet average. Acceptable options for reducing emissions include the use of late model engines, low -emission diesel products, alternative fuels, engine retrofit technology, after -treatment products, add -on devices such as particulate filters, and/or other options as such become available. These limitations shall be stipulated in construction bids, plans, and specifications, and shall be enforced by the Town Engineer. Required as a condition of approval. Directors of Parks and Public Works Prior to issuance of any Grading Permit. Ensure DPM reduction measures are properly incorporated into construction bid packages. 2 Mih'gafion Measure: = Implemen- tation Responsibility Timing.& Monitoring -. AQ-5: Operational Risk Reduction Measures. A minimum 261-foot setback from the freeway shall be required for proposed residential uses and is considered by the BAAQMD to be sufficient to mitigate any potentially significant impacts on any residential uses to unhealthful levels ofTACs or PM? s. Required as a condition of approval. Director of Community Development Prior to issuance of any Grading Permit. Ensure these measures are incorporated into project plans. Monitoring: During construction. 4. Biological Resources Mitigation Measures —Biological Resources (BIO). In order to avoid impacts to special -status and migratory bird species during project implementation, the measures outlined below shall be implemented under all Project Scenarios. With the incorporation of the following measures, significant impacts on these species would be reduced to less than significant: BIO-1: Protection of Nesting Birds during Construction. The following measures shall be implemented prior to any on -site construction activities: a. Tree and shrub removal, pruning, and structure demolition should be conducted outside of the breeding season between September 1 and January 31 to avoid impacts to nesting birds. b. If tree and shrub removal, pruning, and structure demolition must occur during the breeding season (February 1 to August 31), preconstruction surveys shall be conducted within the project footprint and a 300-foot buffer, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning/grubbing or surface -disturbing activities. If no active nests are found, no further measures are necessary. c. If active nests i.e. nests with eggs or young birds present, of special -status or migratory birds are found, non -disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair's tolerance to disturbance and the type/duration of potential disturbance. No work shall occur within the non -disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in cooperation with the CDFG and the USFWS. If buffers are established and it is determined that project activities are resulting in nest disturbance, work should cease immediately and the CDFG and the USFWS should be contacted for further guidance. d. If active raptor nests are found within 300 feet of construction activities, a qualified biologist shall be on site to monitor the nests for signs of breeding/rearing disruption. If it is determined that any construction activity is resulting in nest disturbance, work shall cease immediately and the CDFG and the USFWS shall be contacted to develop protective measures. Required as a condition of approval. Directors of Community Development and Parks and Public Works Ensure these measures are incorporated into project plans. Monitoring: During and after construction. BIO-2: Protection of Riparian Habitat during Construction. Project implementation would require the operation of heavy equpment and machinery for an extended period of time, increasing the level of human activity, noise, lighting, and drifting dust, potentially disrupting wildlife breeding and normal activities in the adjacent Los Gatos Creek riparian habitat. Such effects may reach significant levels without the incoporaton of following measures: a. Project construction activities shall be restricted to daylight hours; nighttime work shall not be permitted. b. Use of elevated floodlights shall not be permitted; any exterior lighting shall be directed inward and shall not cause the illumination of the adjacent riparian habitat. c. Vehicle/equipment operations in the vicinity of the riparian corridor shall be minimized to the extent practicable. d. Dust control oust be practiced during demolition and grading. Required as a condition of approval. Directors of Community Development and Parks and Public Works Ensure these measures are incorporated into project plans. Monitoring: During and after construction. 3 Mitigation Measure BIO-3: Protection of Riparian Habitat during Project Operation. Implementation of any of the proposed scenarios could result in increased lighting of the riparian corridor at Los Gatos Creek. The mixed -use scenarios could also result in increased interaction between wildlife and domestic pets. Such effects may reach significant levels without the incorporation of following measures: a. b. c. d. The lighting of the selected scenario shall ensure that exterior lighting is directed inward and shall not cause the illumination of the adjacent riparian habitat. Restrictions shall be in placed to prevent the placement of pet food containers out-of-doors in areas accessible to wildlife. Free -roaming domestic pets (e.g. cats, off -leash dogs) shall not be permitted. All exterior trash receptacles shall be designed and maintained to exclude wildlife. Implemen- tation Required as a condition of approval. Responsibility Directors of Community Development and Parks and Public Works Timing & Monitoring Ensure these measures are incorporated into project plans. Monitoring: During and after construction. BIO-4: Tree Protection and Replacement. In order to provide appropriate mitigation for the loss of Ordinance -protected trees, the following measures would be required: a. The project proponent shall secure a Tree Removal Permit from the Town of Los Gatos prior to removing or grading within the dripline of any protected tree. b. For the worst -case condition of tree impacts and the Town's tree replacement formula, the maximum number and sizes of replacement trees that could be required are indicated as follows, but could be less depending on the final development design: Number of Trees Size 1282 24" box sized trees, and 4 36" box sized trees, and 4 48" box sized trees. or 54 36" box sized trees, and 236 48" box sized trees. Actual tree replacement would be based upon the final pennitted number of trees removed. c. If a tree cannot be reasonably planted on the subject property, the value of the removed tree(s) shall be paid to the Town Forestry Fund to: • Add or replace trees on public property 1 the vicinity of the subject property, or • Replacement value of a tree shall be determined using the most recent edition of the Guide for Plant Appraisal, as prepared by the Council of Tree and Landscape Appraisers. d. Although the adjacent Los Gatos Creek conidor is not Town property, belonging to the Santa Clara Valley Water District, the Town may also consider accepting riparian habitat restoration and enhancement activities as compensation for the loss of some protected trees on the subject property. As described above, the riparian habitat is degraded by the presence of invasive non-native trees, which could be removed and replaced with native riparian trees. From the perspective of CEQA, enhancement and restoration of the adjacent riparian habitat would satisfactorily mitigate tree impacts resulting from project implementation. e. The projectsponsor shall avoid planting ornamental species reported by the California Invasive Plant Council to have the potential to be invasive. Species on this list that can spread by wind—borne seed shall be prohibited from use in landscaping. The proposed list of landscaping species for the project shall be reviewed and approved by the Town. f. In addition to conformance to the Tree Protection Ordinance, the arborist's report (Ellis 2011) also outlines protective measures before and during construction. Additional tree protection guidelines are presented in the Tree Protection Ordinance. These measures shall be implemented. During construction, accidental injury or removal to and protected trees shall be reported immediately to the Town and appropriate measures taken, as identified by the Town, to mitigate the non -permitted damage and to prevent further accidental impacts. g. Required as a condition of approval. Directors of Community Development and Parks and Public Works Ensure these measures are incorporated into project plans. Monitoring: During and after construction. 4 Mitigation Measurer - "' - -:: Implenen- tation Responsibility Timing & Monitoring. (BIO-4 continued.) h. The Town shall implement recommendations made by the Town's consulting arborist, Deborah Ellis, in her February 18, 2011 report. These measures encompass design guideline recommendations encompassing the establishment of a Tree Protection Zone to preclude the disturbance of trees to be retained on the project site, erosion control measures, drainage control, and tree replacement requirements. In addition, the arborist's report presents tree protection measures to be implemented before and during project construction. These recommendations are included as Attachinent 3 of the Initial Study. 5. Cultural Resources Mitigation Measures — Cultural Resources (CUL). The following measures shall be implemented by the project applicant under all Project Scenarios to reduce the project's potential impacts on archaeological resources to a less - than -significant level: CUL-I: Archaeological Monitor. A qualified archaeologist shall be retained to monitor the site clearing and grading operations in those areas where buildings will be removed and/or new construction will occur. The archaeologist shall be present on -site to observe site clearing at a representative sample of building removal areas until he/she is satisfied that there is not longer a potential for finding buried resources. In the event that any potentially significant archaeological resources are discovered, the project archaeologist shall stop work inside a zone designated by him/her where additional archaeological resources could be found. A plan for the evaluation of the resource shall be submitted to the Community Development Director for approval. Evaluation normally takes the form of limited hand excavation and analysis of materials and information removed to determine if the resource is eligible for inclusion on the California Register of Historic Resources (CRI-IR). Required as a condition of approval. Director of Community Development Monitoring: During construction. CUL-2: Identification of Eligible Resources. If an eligible resource is identified, a plan for mitigation of impacts to the resource shall be submitted to the Los Gatos Community Development Department for approval before any additional construction related earthmoving can occur inside the zone designated as archaeologically sensitive. Mitigation could include additional hand excavation to record and remove for analysis significant archaeological materials, combined with additional archaeological monitoring of soils inside the archaeologically sensitive zone. Required as a condition of approval. Director of Community Development Monitoring: During construction. CUL-3: Discovery of Human Remains. Required monitoring will also serve to identify and hopefully reduce damage to human burials and associated grave goods. In theevent that human remains are discovered, it shall be the responsibility of the project archaeologist to contact the County Coroner's Office and the Native American Heritage Connmission (NAIIC). The NAHC is responsible for naming a Most Likely Descendant (MLD) who shall represent tribal interests in regards to human remains and associated grave goods. The MLD shall make recommendations to the Community Development Director regarding the method for exposure and removal of human burials and associated grave goods, and shall advise the Community Development Director regarding the place and method of reburial of these materials. Required as a condition of approval. Director of Community Development Monitoring: During construction. 6. Geology and Soils Mitigation Measures — Geology and Soils (GEO). The following measures shall be implemented by the project applicant under all Project Scenarios to reduce the project's seismic, geologic, and soil impacts to less -than -significant levels: GEO-1: Detailed Geotechnical Investigations. The projectsponsor shall ensure that a design -level geotechnical investigation is conducted for each planned site improvement. The recommendations of the geotechnical investigation shall be incorporated in the final construction plans for the proposed project. These recommendations shall address liquefaction, lateral spreading, ground rupture due to liquefaction, and differential compaction. Required as a condition of approval. Directors of Community Development and Parks and Public Works _ Prior to issuance of any Grading Permit. Ensure that recommended measures from the design -level geotechnical investigation are incorporated into project plans. Monitoring: During Construction. 5 Mitigation Measure- _ Implemen- tatinn Responsibility, ',. = Tinting Monitoring_ GEO-2: Undocumented Fill. The project sponsor shall require the removal of undocumented fill materials within proposed building excavations. Reuse of the fill materials shall only be allowed if they meet the requirements for engineered fill. Otherwise, imported engineered fill shall be required for building excavations. Undocumented fill materials that do not meet the requirements for engineered fill shall be reused for landscaping or in non-structural fill areas, or shall be disposed of off -site. - Required as a condition of approval. Directors of Community Development and Parks and Public Works Prior to issuance of any Grading Permit. Monitoring: Ensure that undocumented fill materials are properly characterized and reused/disposed of off - site during construction. 7. Greenhouse Gases Mitigation Measures — Greenhouse Gases (GHG). The following measure shall be implemented by the project applicant under all Project Scenarios to reduce the project's GHG emissions to a less -than -significant level: GHG-1: GHG Reduction Measures. A combination of the following list of sustainability and design features shall be incorporated into uses ultimately developed on the project site to achieve the overall scaled reduction in GHG emissions necessary to meet the BAAQMD's significance threshold of 4.6 MT of GHG per service population per year). For example, based on development project scenarios reviewed in this report, scaled reductions would be required are as follows: 44.34 percent for Scenarios 1 and 2, 18.5 percent for Scenario 3, and 46 percent for Scenario 4. Prior to issuance of building permits, the project applicant shall demonstrate required scaled reductions are achieved through incorporation of a combination of sustainable project design features. Each measure and associated GHG reduction shall be identified and included on all project plans and specifications. One or more of the folbwing sustainability and design features, or other measures that may become available in the future, shall be included to achieve the required scaled reductions in GHG emissions: • Provide secure on -site bike parking (ratio shall be at least one space per 20 vehicle spaces). • Provide information on transportation alternatives (i.e., bus schedules and maps) accessible to employees within each proposed building. • Provide preferential on -site carpool/vanpool parking. • Increase energy efficiency beyond Title 24 by 20 percent. • Install smart meters and programmable thermostats. • Plant shade trees within 40 feet of the south side or within 60 feet of the west sides of the buildings. • Install roofs with highly reflective materials (albedo of at least 30) to reduce cooling load. • Meet 2010 Green Building Code Standards. • Seal heating, ventilation, and air conditioning (HVAC) ducts to enhance efficiency and reduce energy loss. • Include solar photovoltaic or other technology to generate electricity on - site to reduce consumption from the electrical grid. • Implement employee telecommuting program. • Provide showers/changing faciltieis on -site for employee use. • Implement an on -site carpool matching program for employees. • Provide on -site amenities (i.e., eating and other establishments). • Increase the project design by 100 percent (i.e., presence of transit -oriented development design guidelines, complete street standards). • Work with the Bay Area Air Quality Management District (BAAQMD) to implement acceptable off -site mitigation. This involves an agreement with the BAAQMD and payment of fees or the purchase of carbon credits. The BAAQMD would commit to reducing the type and amount of emissions identified in the agreement. Required as a condition of approval. Director of Community Development _ Prior to issuance of any Building Permits. Ensure that necessary measures are incorporated into project plans to ensure that the BAAQMD GI-IG significance threshold is met. 8. IIazards and Hazardous Materials Mitigation Measures —Hazards and Hazardous Materials (HAZ). The following measures shall be implemented by the project applicant under all Project Scenarios to reduce the project's hazards and hazardous materials impacts to less -than -significant levels: 6 Mitigation Measure - Intpli:inen- tabor Responsibility : _ Timing:& Monitoring. (8. Hazards and Hazardous Materials continued) Required as Directors of Prior to Architecture HAZ-1: Hazardous Materials Removal. a condition Community and Site approval and The following measures shall be required to reduce public health risks related of approval. Development prior to issuance of to removal and disposal of hazardous materials to a less -than -significant level: a. The project sponsor shall retain a qualified professional to update the environmental database review performed as part of the Phase 1 ESA no more than three months prior to the start of any construction activities that would involve disturbance of greater than 50 cubic yards of soil. The qualified professional shall prepare a report summarizing the results of the environmental database review that assesses the potential for any identified chemical release sites to affect soil quality at the proposed project site and identifies appropriate soil analysis to evaluate the potential for soil contamination at the proposed project site, if needed. b. The project sponsor shall retain a qualified professional to conduct appropriate sampling to assess the presence and extent of chemicals in the soil as needed for all construction activities under the proposed project that require disturbance of greater than 50 cubic yards of soil. To evaluate the potential for the presence of pesticides and metals, sample analysis shall include dioxins and f trans, chlorinated herbicides, chlorinated pesticides, and California Title 22 metals at a minimum. If contamination from a nearby site is indicated by the environmental database review conducted in accordance with Mitigation Measure HAZ-la, then additional analysis shall be conducted in accordance with the recommendations of the qualified professional. The project sponsor shall also be required to notify the regulatory agencies if the concentration of any chemical exceeded its respective screening level. c. For excavation activities where chemical concentrations exceed environmental screening levels, the project sponsor shall require the construction contractor to prepare and to implement a site safety plan, based on the results of sampling conducted as specified in Mitigation and Parks and Public Works any Grading Permit. Ensure these measures are incorporated into project plans and contract specifications. Measure HAZ-lb, identifying the chemicals present, potential health and safety hazards, monitoring to be performed during site activities, soils - handling methods required to minimize the potential for exposure to harmful levels of the chemicals identified in the soil, appropriate personnel protective equipment, and emergency response procedures. d. If chemical concentrations exceed enviroimental screening levels, the project sponsor shall require the construction contractor(s) to prepare a material disposal plan, based on the results of sampling conducted as specified in Mitigation Measure HA7-1b, for excess soil produced during construction activities. The plan shall specify the disposal method for soil, approved disposal site, and written documentation that the disposal site will accept the waste. If appropriate, materials may be disposed of on -site, under foundations or in other locations in accordance with applicable hazardous waste classifications and disposal regulations. The contractor shall be required to submit the plan to the project sponsor for acceptance prior to implementation. During construction, excess soil from construction activities shall be stockpiled and sampled to detennine the appropriate disposal requirements in accordance with applicable hazardous waste classification and disposal regulations. e. The project sponsor shall require the construction contractor(s) to have a contingency plan for sampling and analysis of potential hazardous materials and for coordination with the appropriate regulatory agencies, in the event that previously unidentified hazardous materials are encountered during construction. If any hazardous materials are identified, the contractor(s) shall be required to modify their health and safety plan to include the new data, conduct sampling to assess the chemicals present, and identify appropriate disposal methods. Evidence of potential contamination includes soil discoloration, suspicious odors, the presence of USTs, or the presence of buried building materials. As discussed in Mitigation Measure IiAZ-lb, the project sponsor would remove and notify the regulatory agencies of a discovered release. The assigned lead agency would oversee all aspects of the site investigation and remedial action; and determine the adequacy of the site investigation and remediation activities at the site. 7 Mitigation Measure - mplemen- ration Responsibility `Pimin&- - Monitoring. Prior to Architecture and Site approval, and prior to issuance of any Grading Permit. Ensure these measures are incorporated into project plans and contract specifications. IIAZ-2: Hazardous Building Materials Removal. Prior to demolition of a building, the project sponsor shall incorporate into contract specifications the requirement that the contractor(s) have a hazardous building materials survey completed by a Registered Environmental Assessor or a registered engineer. This survey shall be completed prior to any demolition activities associated with the project. If any friable asbestos -containing materials or lead -containing materials are identified, adequate abatement practices, such as containment and/or removal, shall be implemented in accordance with applicable laws prior to demolition. Any PCB -containing equipment, fluorescent light tubes containing mercury vapors, and fluorescent light ballasts containing DEHP shall also be removed and legally disposed of. Required as a condition of approval. Directors of Community Development and Parks and Public Works 9. Hydrology and Water Quality No Mitigation Measures and Monitoring required N/A N/A N/A 10. Land Use and Planning No Mitigation Measures and Monitoring required. 11. Mineral Resources No Mitigation Measures and Monitoring required. 12. Noise Mitigation Measures — Noise and Vibration (NOI). The following measures shall be implemented by the project applicant (Measure NOT-1 applies to Scenarios 3 and 4 only, while Measures NOI-2 and NOI-3 apply to all Project Scenarios) to reduce the project's noise impacts to less -than -significant levels: NOI-1 Detailed Acoustical Analysis for Residential Uses. During the Architecture and Site review process, noise attenuation measures, as specified by an acoustical engineer, shall be incorporated into the project design to ensure that noise levels in usable outdoor areas meet the Town's 65- dBA (DNL) land use compatibility guideline for multi -family residential uses and interior noise levels meet Town's and State (Title 24) interior standard of 45 dBA (DNL). Noise attenuation measures that could be incorporated into the design to achieve these limits include: • Provision of acoustically -effective barriers or deck railings to meet the 65- dBA (DNL) exterior limit. • Provision of closed windows and mechanical ventilation to achieve the 45- dBA (DNL) interior standard. Required as a condition of approval. Directors of Community Development and Parks and Public Works Prior to issuance of any Grading Pennit. Ensure that these noise control measures are incorporated into project plans. Monitoring: Prior to and during constnmtion. NOI-2 Construction -Related Vibration Limits. To prevent cosmetic damage to existing adjacent structures, the project contractor shall restrict equipment operations within 25 feet of adjacent structures, whereby surface vibration will be limited to no more than 0.2 in/sec PPV, measured at the closest residential structures. Required as a condition of approval. Directors of Community Development and Parks and Public Works Prior to issuance of any Grading Pennit. Ensure that these noise control measures are incorporated into project plans. Monitoring: Prior to and during construction. NO1-3 Construction -Related Noise Abatement. The project contractor shall demonstrate that the project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices, and not exceed the ordinance noise limit of 85 dBA at 25 feet. b. Property occupants located adjacent to the project boundary shall be sent a notice, at least 15 days prior to commencement of construction of each phase, regarding the construction schedule of the proposed project. A sign, legible at a distance of 50 feet shall also be posted at the project Required as a condition of approval. Directors of Community Development and Parks and Public Works Prior to issuance of any Grading Permit. Ensure that these noise control measures are incorporated into project plans. Monitoring: Prior to and during construction. 8 Mi(igiition Measufc the _. Ltrplemen- tation Responsibility : - Timing& Monitoring (NOI-3 continued.) construction site. All notices and signs shall be reviewed and approved by the Town of Los Gatos Public Works and Community Development Department prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos Public Works and Community Development Department, a qualified "Noise Disturbance Coordinator." The Disturbance Coordinator shall be responsible for responding to any local complaints about construction noise. When a complaint is received, the Disturbance Coordinator shall notify the Town within 24 hours of the complaint and determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the Public Works and Community Development Deportment. All notices that are sent to residential units immediately surrounding the construction site and all signs posted at the construction site shall include the contact name and the telephone number for the Disturbance Coordinator. d. Construction haul routes shall be designed to avoid noise -sensitive uses (e.g., residences, convalescent homes, etc.). c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. f. Pursuant to the Town of Los Gatos Municipal Code Section 16.20.035, construction activities shall occur between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on weekends and holidays. Additionally, pursuant to Municipal Code Section 16.20.035(2) the Contractor shall demonstrate, to the satisfaction of the Town of Los Gatos Community Development (Building) Department, that construction noise shall not exceed 85 dBA outside of the property tine. 13. Population and IIousing No Mitigation Measures and Monitoring required. 14. Public Services No Mitigation Measures and Monitoring required. 15. Recreation Mitigation Measures — Recreation (REC). The following measure shall be implemented by the project applicant under Project Scenarios 1, 3, and 4 to reduce the project's increase in demand for recreational facilities to a less -than- significant level: REC-1: Provision of On -Site or Nearby Recreational Facilities. The project applicant shall either provide access to on -site or nearby recreational facilities for project employees under Scenario 1 and residents under Scenarios 3 and 4. Required as a condition of approval. Directors of Community Development and Parks and Public Works Determine that adequate recreational facilities are provided as part of Architecture and Site review. 16. Transportation/Traffic Mitigation Measures —Transportation/Traffic (TRA). The following measures shall be implemented by the project applicant under all Project Scenarios to reduce the project's traffic impacts to less -than -significant Levels: TRA-1: Winchester Boulevard and Albright Way (Unsignalized Intersection #4). The necessary improvements to mitigate project and cumulative impacts at this intersection consist of the signalization of the intersection with protected left - turn phasing on Winchester Boulevard. Intersection level of service would improve to LOS B during both peak hours with the improvements. however, based upon vehicular queuing analysis, it is recommended that the project entrance at Winchester Boulevard and Albright Way be restricted to right-tum in and out only and a new signalized project entrance be provided along Winchester Boulevard approximately 200 feet south of Albright Way. The new signalized entrance will be aligned with the entrance to the Courtside Club forming a new four -legged signalized intersection with signal interconnect to the signals at Winchester Boulevard and Wimbledon Drive and Winchester Required as a condition of approval. Directors of Community Development and Parks and Public Works Prior to Certification of Occupancy. Ensure that traffic improvements are completed. 9 Mitigation Measure`" _ - Lnplenton-- tation -Responsibility _ Timing & - Monitoring (TRA-1 continued.) Boulevard and State Route 85(5). The close spacing of only 400 feet between the new signal and the signal at Wimbledon Drive will require that the two signals be interconnected and signal timing to be synchronized. Alternate configurations may be possible to accommodate specific project phasing. Any interhn alternate configurations must provide a level of service that conforms to the Town's Traffic Impact Policy. TRA-2: University Avenue and Lark Avenue (Unsignalized Required as Directors of Prior to Certification Intersection #7). a condition Community of Occupancy. The necessary improvements to mitigate project and cumulative impacts at this of approval. Development intersection consist of the signalization of the intersection with signal and Parks and Ensure that traffic interconnect to and coordination with the signal at Winchester Boulevard and Lark Avenue. Intersection level of service would improve to LOS B and C during the AM and PM peak hours, respectively, with the improvements. It should be noted that this intersection is projected to operate at unacceptable levels under Town of Los Gatos 2020 General Plan Conditions. The Town of Public Works improvements are completed. Los Gatos Draft 2020 General Plan identifies the above improvement as a roadway improvement necessary to accommodate the future development allowed under the 2020 General Plan. However, due to the lack of dedicated funding sources for the improvements identified in the General Plan, this improvement cannot be assumed to be completed under Project Conditions. Therefore, the project will be required to fund and construct the improvement, unless other development is identified that will contribute a 'fair share' amount toward the implementation of the improvement. TRA-3: Winchester Boulevard and Lark Avenue (Signalized Intersection #). The developer shall interconnect and synchronize the traffic signals at the Lark/University, Winchester/Lark, Winchester/Wimbledon, and Winchester/New project entry intersections to mitigate pre- and post -project queues at the Lark Avenue intersection by preventing them from extending into the Wimbledon Drive intersection'. The interconnection and synchronization improvements shall be completed prior to issuance of the first certificate of occupancy for the development phase that triggers project entry signalization. Required as a condition of approval. Directors of Community Development and Parks and Public Works Prior to Certification of Occupancy. Ensure that traffic improvetents are completed. TRA-4: Pedestrian and Bicycle Access. In order to avoid potential pedestrian safety hazards, the project applicant shall install appropriate fencing along the east side of Winchester Boulevard to prevent pedestrians from trying to cross the railroad tracks. Further, all required improvements along Winchester Boulevard (including those specified in Mitigation Measure TRA-1 through TRA-3) shall be designed to accommodate the proposed Class II bikeway designated by the 2020 General Plan for Winchester Boulevard between Lark avenue and the northern town limit. Required as a condition of approval. Directors of Community Development and Parks and Public Works Prior to Certification of Occupancy. Ensure that traffic improvements are completed. TRA-5: Parking Survey. During the Architecture and Site review process, a parking survey will need to be completed at other comparable facilities in the region in order to determine adequacy of proposed parking for senior residents as well as senior facility staff under Scenario 4. Required as a condition of approval. Directors of Community Development and Parks and Public Works Prior to Certification of Occupancy. Ensue that traffic improvements are completed. Ensure parking survey is completed prior to Architecture and Site review for Scenario 4. 17. Utilities and Service Systems r These improvements are based on an operational study of the interconnection and synchronization of traffic signals at Lark/University, Winchester/Lark, Winchester/Wimbledon, and Winchester/Newproject entry intersections that was prepared Hexagon Transportation Consultants, Inc. in June 2011. The study concluded that interconnection and synchronization of these signals would fully mitigate project queuing impacts without the need to lengthen turn pockets. Fc 10 Mitigation Measures — Utilities and Service Systems (USS). The following measure shall be hnplemented by the project applicant under all Project Scenarios to reduce the project's impact on existing wastewater transmission facilities to a less -than -significant level: Required as Director of Ensure that project a condition Parks and plans incorporate this TJSS-1: Preserve or Relocate Existing Eight -Inch Line Sanitary Sewer of approval. Public Works requirement. Line. During Architecture and Site Review, detailed utility plans shall indicate either preservation or relocation of the existing eight -inch sanitary sewer transmission line to accommodate service for off -site flows north through the site and establish a new sewer easement for this line. In addition, a letter from West Valley Sanitation District stating approval of the project, shall be provided to the Town by the applicant. - End — N:\DEVUOEL\PLANNING W lbright\Environmental\MMRPFinal.doc 11 This Page Intentionally Left Blank Silicon valley Leadership Croup 224 Airyod Parkway, Suite 620 San Jose, California 95110 (408)501-7864 Fax (408)501-7861 www.sWg.net CARL GUARDINO President & CEO Board Of liners: TOM WERNER, Chair SunPower MIKE KLAYKO, Vice Chair Brocade AART DE GEUS, Past Chair Synopsys MICHAEL SPLINTER, Past Chair Applied Materials, Inc. ROBERT SHOFFNER Secretary/Treasurer Citibank Board Members: JOHN ADAMS Wells Fargo Bank SHRIVE ARCHAMBEAU MetricStream, Inc. ANDREW BALL Webcor Builders NED BARNHOLT KLA-Tencor GEORGE BLUMENTHAL University of California, Santa Cruz TOM BOTTORFF PacNc Gas & Electric RAMI BRANITZKY SAP Labs North America TORY BRUNO Lockheed Martin Space Systems DAVID CUSH Virgin America DAVID DEWALT McAfee, Inc. FR. MICHAEL ENGH Santa Clara University JAY GLASSCOCK BO Biosciences RAQUEL GONZALEZ Bank of America TIM GUERTIN Varian Medical Systems JAMES GUTIERREZ Progreso Financier° JON HOAK Hewlett-Packard Company KEVIN KING Affymetrix TARKAN MANER Wyse Technology KEN MCNEELY AT&T LEN PERHAM Monolithic Systems KIM POLESE SynchEnergy ALAN SALZMAN VantagePointVenture Partners MAC TULLY San Jose Mercury News DAN WARMENHOVEN NetApp, Inc. WILLIAM WATKINS BridgeLux JED YORK San Francisco 49ers Established in 1978 by DAVID PACKARD June 15t, 2011 Mayor and Council Town of Los Gatos 110 East Main Street Los Gatos, CA 95030 Dear Mayor and Members of the Town Council, On behalf of the Silicon Valley Leadership Group, I am writing to express our strong support for the zoning change request at Albright Way. The Silicon Valley Leadership Group, founded in 1978 by David Packard of Hewlett- Packard, represents more than 345 of Silicon Valley's most respected employers on issues, programs and campaigns that affect the economic health and quality of Life in Silicon Valley, including energy, transportation, education, housing, health care, tax policies, economic vitality and the environment. The Leadership Group has long been a supporter of land use and development policies that help Silicon Valley companies recruit and retain top talent. With the rezoning of Albright Way, the Town of Los Gatos has an opportunity to build upon our region's competiveness by meeting the needs of Silicon Valley companies. In the past, two story tilt -ups were the norm and sprawling campuses were preferred - primarily when the Valley was more manufacturing -based. Today is different as companies choose a built environment that facilitates collaboration and the ability to easily interact face to face. Taller buildings that house more employees and limit the need to travel from building to building help achieve those goals. The Leadership Group is also a strong advocate of using land more efficiently. Building more intensely near transit, housing and services is a smart use of land, helping to reduce commuting and associated greenhouse gases. It is also important to note that the Leadership Group strongly supports the option of housing on this site. There are always reasons that a location is imperfect for housing but it remains a critical community need. At this site, Los Gatos has an opportunity to provide homes for different income groups and age groups, making way for the kind of diversity that helps create and maintain a healthy community, economy and environment. Thank you for your consideration of our comments. We encourage your approval of the Albright Way zoning proposal. Carl Guardino President and CEO Silicon Valley Leadership Group Attachment 22 June 13, 2011 The Honorable Joe Pirzynski, Los Gatos Town Council Members Town of Los Gatos, 110 East Main Street Los Gatos, CA 95030 RE: Support for Albright Way Rezoning Dear Mayor Pirzynski and Members of the Town Council: I am writing to express my support for the Albright Way Rezoning. 1 support a mix of office, residential and senior housing on the site. The Albright Way rezoning is consistent with the Town's goals for economic development and mixed -use housing. Winchester Boulevard is one of the few parts of Los Gatos that is conducive to a transit oriented development, Approving this zoning with the requested five story height will retain Netflix as a major employer and tax generator in Town. The opportunity before you will ensure that Netflix stays and grows in Los Gatos. The economic benefits to our community are significant and will help not only the Town but the schools. Allowing residential, as part of the zoning, provides the Town future options to meet its own housing goals. Since there are residential development triggers in the plan, no housing can even be contemplated on the property for several years, if not longer. I urge the Council to look at the big picture, and approve this zoning because it is good planning based on sound planning policies. The Council has the fortune to approve an application that benefits our entire community significantly. I encourage you to vote to approve the rezoning with office, residential and the requested height. Sincerely, June 13, 2011 The Honorable Joe Pirzynski, Los Gatos Town Council Members Town of Los Gatos, 110 East Main Street Los Gatos, CA 95030 RE: Support for Albright Way Rezoning Dear Mayor Pirzynski and Members of the Town Council: JUN 10 Z011 TOWN OF LOS GATOS PLANNING DIVISION I am writing to express my support for the Albright Way Rezoning. I support a mix of office, residential and senior housing on the site. The Albright Way rezoning is consistent with the Town's goals for economic development and mixed -use housing. Winchester Boulevard is one of the few parts of Los Gatos that is conducive to a transit oriented development. Approving this zoning with the requested five story height will retain Netflix as a major employer and tax generator in Town. The opportunity before you will ensure that Netflix stays and grows in Los Gatos. The economic benefits to our community are significant and will help not only the Town but the schools. Allowing residential, as part of the zoning, provides the Town future options to meet its own housing goals. Since there are residential development triggers in the plan, no housing can even be contemplated on the property for several years, if not longer. I urge the Council to look at the big picture, and approve this zoning because it is good planning based on sound planning policies. The Council has the fortune to approve an application that benefits our entire community significantly. I encourage you to vote to approve the rezoning with office, residential and the requested height. Sincerely, iW Jeffrey S Black 362 Bachman Ave Los Gatos, Ca 95030 This Page Intentionally Left Blank 108 Brocastle Way Los Gatos, Ca 95032-1760 June 14, 2011 Los Gatos Town Council 110 Main Street Los Gatos, CA 95030 Re: Proposed building site for offices/Netflix/housing Dear Council Members, RECEIVED JUN 16 2011 TOWN MANAGER I have attended the Planning Commission meetings regarding this property. It would appear that nothing is going to stop Los Gatos from allowing Netflix to have its way and, therefore, there will end up being a lot of tearing down and building up to eventually reach 550,000 sf of office space. Never mind the concerns about all the other proposed office space for this town in the light of the Great Recession, which has another downturn looming ahead. Never mind the fact that Los Gatos will receive no tax money from steaming video which is quickly going to replace having hard copies of DVD's. Never mind the traffic, the impact of which is going to be nothing like that projected by your whatever dept. researches traffic patterns. I WAS happy to hear that the Planning Commission heard our local school district representatives and they are NOT recommending anything that will further impact our schools. However, the idea of a possible twenty years of tearing down and building up gives me great pause. First of all, twenty years are more time that I have left on this planet. To spend all of them covered in toxic dust and surrounded night and day by the noise of all kinds of building materials and equipment is, well, horrifying. I live not far from the empty city lot which is used for parking equipment and dumping building materials and refuse. How much of this is going to be done over the next twenty years? At what hours will I be hearing the abominable truck noise, especially that more than annoying beep - beep -beep of backup warnings? And what about the toxic waste from tearing down the existing buildings? How can I be reassured that the dust blowing into all my windows and coating my decks and outdoor furniture won't kill me off sooner than my less than twenty years? After all, those buildings were erected before the asbestos, lead, etc., laws were enacted. As for the traffic, don't even try to assure me that folks won't be avoiding the light at Lark and Winchester by driving around the horseshoe that is Newell Avenue. Of course they will.... in hordes. So much for our peaceful, safe, landlocked hill and those of us who are having an ever - increasingly difficult time getting off and onto it. So, yes, there WILL be a Netflix. But how are you going to assure the local residents that it won't be killing us off in record time unless, of course, population control is part of your plan. Most beseechingly, s.) Judith E. Marlin A Los gatos town council 110 E. Main St Los Gatos, Ca. RECEIVE© JUN i 7'cud TOWN OF LOS GATOS PLANNING DIVISION June 16`h, 2011 Re; Proposed Rezoning of 90-160 Albright way and 16400 Winchester Blvd property, Shenk et al developers. i.e. Development agreement; Dear Mayor Prizynski and Honorable Members of the Los Gatos Town Council, Asa 4'h generation family of Santa Clara Countyand lifelong resident of Los Gatos I am appalled by the scope of the request of the developer and the attitude of the planning commission regarding the proposed re -zoning of the Albright way property. There are a number of disturbing issues in this proposal which the planning commission seems to be happy to gloss over because of the tax revenue crisis the town seems to find itself in, willing to sacrifice long term good planning for short term gain. Netflix: does anyone remember Eagle Computer? ...the company the town was so proud to have when it went public, only to flame out the same day when the CEO crashed his Ferrari at the dam on University Avenue killing himself, and with him, the dreams of his company and that of the towns revinue as well. They ultimately went out of business. My point is, companies come and go, they morph into something else, or are acquired by larger companies and/or move somewhere else. The town seems all to willing to be held hostage by the fear that Netflix will move out of town taking with it the taxes it pays to us. The real issue should not be Netflix, but rather do we need more Class A office space to attract the next new thing (including expansion space for Netflix)? I would submit that we do, and that the town may attract the likes of a Bloom Energy if such a space were to exist now. I think after the last planning commission meeting all residents present went away with a good feeling that ONLY Class A office space is being recommended. The remaining questions however are how much and ultimate approved height. Traffic; during the last 2 planning commission meetings, and at a meeting hosted by the developers representative , John Shenk, the traffic representative for the town suggested that by merely synchronizing the stop lights the current and future traffic congestion can he mitigated. This is a highly simplified response, particularly if one try's to drive southbound on Winchester from Capri drive to Lark during rush hour traffic in the afternoon. Add to that the increased slowdown with a proposed signal at University and Lark, and the increased traffic from the north 40 (Yuki) property once its developed (not to mention the current slow traffic on Los Gatos blvd and Lark) and we have an area that begins to be massively impacted. In short, most if not all, residents in our area are highly suspicious of the planning departments "studies". Schools: the most impactful aspect of the proposed rezoning from commercial only to add a residential component is simply irresponsible on the part of town if approved. Unfortunately not everyone can afford the price of admission to the town. Most of us live here because of the quality of life, and have worked hard to find housing we could afford, albeit still somewhat expensive for most. That quality includes lack of density, some open space, and our quality schools. The town seems all too willing to allow high density projects out on the "north edge" of town, where the "charming character" of downtown is not impacted, as it was so aptly put by a member of the public in a letter to the planning commission (who, by the way, lives the almond grove). By allowing the developer an open ended option or "development agreement" that includes residential, we not only further impact:traffic;in the immediate area but overcrowd the very schools we all came here for (unless we wer born here). Overcrowding our schools by adding, a; residential component, including BMR housing, has a negative impact on the value of our residences in the La Rinconada area , coupled with the notion that boundaries may have to be redrawn and some children would perhaps have to attend Saratoga high is completely unacceptable. What the town is thinking, by considering residential for this site and/orthe Yuki property; is highly irresponsible for all the reasons explained by the school district at the last two planning commission meetings. The only exception to that might be the approval of senior housing which by definition, mitigates the objections raised above, and because we need it in town. Development agreement; this is the most ludicrous part of the development proposed to the town and those ofUs-living in the area affected. ' Because of the town's desperation for tax revenue today, we are going to give Mr. Shenk and Mr. Pau a blank check for the next 15 years? I for one, encourage you to make a=decision, a commitment to the town and those of us living here, paying taxes here, and sending our kids to school here: Class A office space is needed and a new development that looks as nice as the Sobrato-Netflix building would certainly be better that what is there now and should be approved -( Something universally appealing.... so that when Netflix morphs into something else, another cutting edge company could take their space. A Senior residential component should and could be completely acceptable and compatible because of the'proximity to the creek trail, the proposed rail line, and to hospitals but make the 'conimitmentnow so we all know what we are in for and can support it without compromise to the quality of life and character that our town represents. I encourage you to vote for class A office space ONLY, as proposed by the developer. I also encourage you to consider senior housing as proposed by Mr. Grant sedgewick in the last 2 planning commission meetings. Jeff Whalen, Clara St, Planning From: Janice Fok <jgdfok@gmail.com> Sent: Friday, June 17, 2011 2:50 PM To: Jpirzynski@LosGatos.Ca.gov; Steve Rice; Steve Leonardis; DMcnutt@LosGatos.Ca.gov; BSpector; manager@LosGatos.Ca.gov; Planning Subject: Accept Recommendation of the Planning Commission - Albright Way Dear Mayor Pirzynski and members of the Town Council, I am writing to urge you to accept the recommendation of our Planning Commission, and reject the proposal to re -zone Albright Way. The current proposal before you includes too many "if' statements, to many "up to" statements, and too many options for the owners and developers. Re -zoning the business park is not required to "let Netflix stay in Los Gatos". Netflix can stay or not, Albright Way is already zoned for exactly the type of expansion they claim they are seeking. All development has consequences, positive and negative. This proposal allows the owner Peter Pau and developer John Shenk all the positive upsides of maximizing their profits by taking all speculative risk out of their construction - they will build on their own time, and build whatever will yield the highest return at that moment, for the next 20 years of moments. But all the negative consequences, including but not limited to increased traffic and increased school enrollment beyond the capacity of the LGUSD, will fall onto the current residents, the town, and the schools. The scale of the current proposal is also of great concern. Your recent approval of the Swanson Ford property re -zoning, without following the town's own requirements for story poles to be constructed, is of great concern. Now that Mr. Pau has learned that you can construct partial story poles, 24 hrs before a meeting, and not include any structure at the height he is proposing, that's exactly what he will want on this parcel. If commercial redevelopment projects aren't going to be required to construct story poles, then remove the requirement from homeowners adding a master bath. Finally, in your recent meeting regarding the expansion of a restaurant downtown, you asked those in attendance to stand if they supported the measure being discussed. I think this is a great way to let people be seen supporting a position on a measure, without requiring them to stand at the podium and speak. Not everyone is comfortable with the process of speaking directly to the council, at the podium., By standing they can be seen without being heard. Thank you for your consideration, and I urge you to accept the recommendation of our Planning Commission on this matter. Janice Fok r This Page Intentionally Left Blank Original Message From: Malcolm Mosher, Jr. [mailto:mmjr@mac.com] Sent: Thursday, June 16, 2011 1:10 PM To: Council Subject: The Albright Way Project RECEIVED JUN1i'Q11 TOWN OF LOS GATOS PLANNING DIVISION Dear Council Members, My neighbors and I in the La Rinconada area (Rinconada to Wimbledon to the country club) are in almost universal opposition to the plans of the developer. We came out in force at the hearing before the Planning Commission, and we will be there this Monday evening. The implications of changing zoning to allow residential will have far reaching negative effects for the entire area from the standpoint of human density, traffic, traffic noise and air pollution, impact on school system, and the list goes on. Please do not be beguiled by Mr. Shenk and his cohorts. They are all about maximizing a huge profit at the expense of the town and our specific area. We have a lovely town because it has avoided the heavy density of Campbell and Cupertino. Following Shenk's plan to change the zoning to allow residential will transform this wonderful area to the density and congestion of Campbell. With regard to the building for Netflix, the claims that they need verticality to promote better communication is sheer nonsense. I worked as a senior technical leader and Principal Member of Technical Staff for Tandem/Compaq/HP for 23 years in an age when communication between different teams was vital to product development, but we never had the need for more than two-story buildings. Indeed, by the early 2000s, meetings between groups were conducted via conference calls, video, etc. Communication via digital means has never been better. Further, most companies these days encourage varying degrees of telecommuting without any loss in communication. If Netflix is the tech company it thinks it is, it does not need excessive verticality to promote communication. If Netflix is still in the dark age of requiring face-to-face meetings, that type of communication can still be achieved in longer three- story buildings, although people might have to walk a little more. With the American society on record has having widespread obesity, walking another 20-30 yards might actually be a solid benefit. For the record, how will meeting be held between those who work in the buildings further up on Winchester? Will they have to drive to Albrioght Way? My guess is Netflix will use video conferencing, and this can also be down within the Albright Way area if people are opposed to walking laterally instead of vertically. Malcolm Mosher 14651 Golf Links Drive Los Gatos This Page Intentionally Left Blank RECEIVED LAW OFFICES OF BRENT N. VENTURA 236 LOS GATOS BLVD. LOS GATOS, CA 95030-6124 (408) 354-6725 June 15, 2011 Los Gatos Town Council 110 E. Main St. Los Gatos, CA 95030 JUN 17 2011 MAYOR &TOWN COUNCIL Re: Application to Modify Existing Plan Development at 90-160 Albright Way and 16400 Winchester Blvd. (APN 424-31-053, 054, 063 424-42-038, 045, 049, 054, 059, 060, and 063) Application No.: PD 10-005 To Mayor Pirzynski and to the Honorable Members of the Los Gatos Town Council, As a resident of the neighborhood adjacent to this proposed project, I voice my opposition to this project in the strongest terms. Initially, I do not understand how intensifying the land use for this area on a scale of 4-5 times over what exists now can be approved without an environmental impact report. I believe your tentative decision to allow this project to proceed with a Mitigated Negative Declaration is ill founded and probably would not withstand legal scrutiny. I urge you require an environmental impact report so that all of the various impacts this project will impose on the adjacent neighborhoods and our local school districts can be adequately and thoroughly reviewed, as well as considering alternatives to the project. The amount of new vehicular trips that would be generated by this proposal alone justifies preparation of an environmental impact report. Secondly, the council needs to understand that the development of the Netflix site with the multiuse high density residential development has already caused significant impacts along Winchester Blvd and Lark Avenue during school commute hours and rush hours. This area along Winchester Blvd is landlocked and the only east -west access is Lark Avenue, a 2 lane road with 5 traffic lights along it. It is not unusual for me to have to wait for 3-4 signal light cycles before I can pass through one of the intersections on Lark Avenue between 4:30 pm and 6:30 pm on work days. Also, there are numerous times when we are unable to exit our neighborhood from La Rinconada Drive and turn onto Winchester Blvd because of the volume of traffic. At this location there is only access to northbound Highway 85 and not southbound access. If access was provided to southbound 85, some of the traffic problems plaguing Lark Avenue that I have referenced hereinabove might be mitigated, but from my understanding, neither the project applicants nor CalTrans want to see access from Winchester Blvd to southbound Highway 85 constructed. The applicant does not want to do so due to financial reasons, and CalTrans because of merging issues involved with multiple on and off ramps in this location. Adding access to southbound Highway 85 at Winchester does not seem to be a viable alternative. Also, widening Lark Avenue is not a viable alternative given the need to acquire private property in order to expand the road as well as the cost of reconstructing the 2 bridges on Lark Avenue. If the project is approved, the Town will create a situation much like the City of San Jose has done by adding Santana Row next to Valley Fair on Stevens Creek Blvd. There, traffic continually backs up for long periods on Highways 880 and 280 as people try to exit the freeways, and there are long waits trying to merge onto local streets. When there is too much high density development in one area without adequate road capacity, you are certain to have intersections operating at `D,' `E,' and 'F' levels, which are simply unacceptable to the residents of our Town. Additionally, the possibility of 500-600 multifamily units will clearly overburden the current capacity of our schools. There is no funding mechanism in place to finance the Los Gatos School District to accommodate what would certainly be the addition of hundreds of additional students to the schools. I'm sure that you are all well aware both the elementary district and high school district are already operating at maximum capacity. This office park currently causes minimal traffic impacts to our residential neighborhoods. If the density is increased 5 fold as proposed by this project, the traffic on Winchester will become habitually clogged and traffic will move slowly, and people will therefore seek alternative/parallel routes. The only parallel routes available are through the La Rinconada, neighborhood which is not intended to handle a large volume of vehicular traffic. There are no street lights, curbs, or sidewalks. There are many curves on the street that provide minimal sight lines which would increase the probability of a vehicle hitting a child, bicyclist, or parked car. A project of this size requires new infrastructure and construction of new improvements. This must include providing new alternate east/west access other than Lark Ave. This can only be done by constructing a new road connecting Winchester to Los Gatos Blvd through the Yuki property. I doubt the applicant or the Yuki family would agree to this proposal. If the only rational to support this project is financial, so as to make sure that Netflix has enough office space so that it retains its headquarters in Los Gatos, certainly the high density development being considered on the Yuki property, aka the North 40, would provide a much better location for a development of this nature. The North 40 has access to both northbound and southbound Highways 85 and 17. There are no parallel neighborhood streets that people could use as short cuts so traffic would remain on Los Gatos Blvd and Lark Avenue to access the property. There are already 3 and 4 story buildings in the area so a high density development in the north 40 would be far more consistent than changing what is now a secluded one-story, low density, business park into a colossal, multiuse development complete with 4 or 5 story buildings and 500-600 residential units. The surrounding infrastructure, streets, and residential neighborhoods simply cannot accommodate the amount of vehicular traffic this project will generate, let alone the impact it will have on our fine local schools. At some point, the Council needs to stand up and make some tough decisions and not allow the developers such as this reap an enormous windfall at the expense of all of the Town's citizens. It is not just our neighborhood that will be impacted, but every family in Los Gatos with school children will suffer if this project is approved. If Los Gatos so desperately needs to protect its revenue base to accommodate Netflix, there are other options and other locations nearby that have far better access and will not impact neighborhoods. That is where high density development needs to go if it is decided it is imperative to incorporate high density development for the Town's revenue purposes. Our neighborhood has already been impacted by the Netflix project. This project is even bigger and will overload Winchester Blvd, Lark Ave, and our neighborhood streets as there is simply not enough street capacity to handle the amount of traffic a project this large will generate. I ask the council to pause and consider the impacts on our schools and our neighborhoods and make a decision to protect its citizens' as opposed to favoring decisions that provide developers with rewards that encumber the quality of life for all Los Gatos residents. Thank you for your courteous consideration in this matter. Very truly you; BRENT N. VENTURA BNV/cc Cc Los Gatos Weekly Times This Page Intentionally Left Blank 0) � 01) 03 I fl 00 > X > 0 La Z C71 tU 4— N-1 .- to U Z tower elements 0. 0 1 es a r 0 0 o 0 cc 7 Attachment 23 • • • • • 85'to roof screen IT; CO b ti a O • •117- N -C Q 0 U1 LfT 0 A, O 00 N 85'to roof screen 75' to parapet • t ,� '• 2?1 c CO CV fl O a % C al S 00 a o v a 4-4 vg fic t tCI, am = O cd ce ce A Winchester Blvd R.O.W. X Q 0 r This Page Intentionally Left Blank