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11 - Attachment 4TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: September 14, 2011 PREPARED BY: APPLICATION NO: LOCATION: APPLICANT: PROPERTY OWNER: CONTACT: APPLICATION SUMMARY: RECOMMENDATION: PROJECT DATA: Suzanne Davis, Senior Planner sdavis@losgatosea. 9,ov Planned Development Application PD-10-004 Negative Declaration ND-10-002 ITEM NO: 3 16213 Los Gatos Boulevard (block bound by Los Gatos Boulevard, Roberts Road, George Street, and Mitchell Avenue) Santa Clara Development Co. Margaret R. Bishop Jake Lavin, Santa Clara Development Requesting approval to rezone the project site from CH to CH:PD, to demolish the existing auto dealership buildings, and construct 22 new single-family residences. APNs 529-18-031 and 055. DEEMED COMPLETE: September 7, 2011 FINAL DATE TO TAKE ACTION: a. Final action on the Mitigated Negative Declaration (MND) is required by CEQA Section 15107, within six months of the application being deemed complete (March 23, 2012). b. Rezoning applications are legislative acts and are therefore not governed by the Permit Streamlining Act. Forward a recommendation to the Town Council for approval of the Mitigated Negative Declaration (MND), Mitigation Monitoring Program (MMP) and Planned Development application (PD). General Plan Designation: Zoning Designation: Applicable Plans & Standards: Parcel Size: Surrounding Area: Mixed Use Commercial CH Zoning Ordinance General Plan 1.9 acres Existing Land Use General Plan North ' Commercial ` Mixed Use Commercial East 1 Commercial 1 Mixed Use Commercial Southl Office & Residential ' Medium Density Res. West Residential ` Medium Density Res. Zoning CH CH & C-1 R-1:8, C-1 RM:5-12 Attachment 4 Planning Commission Staff Report - Page 2 16213 Los Gatos Blvd./PD-10-004, ND-10-002 September 14, 2011 CEQA: It has been determined that this project will not have a significant impact on the environment and a Mitigated Negative Declaration is recommended. FINDINGS: a The Planning Commission must make a finding that the zone change is consistent with the General Plan if the recommendation is for approval. ACTION: a. Forward a recommendation to Town Council for approval of the MND and Mitigation Monitoring Program. b, Forward a recommendation to the Town Council for soft approval of the Planned Development. EXHIBITS: 1. Location map 2. Mitigated Negative Declaration 3. Mitigation Monitoring Program (seven pages) 4. Required findings 5. December 9, 2009, and March 10, 2010, CDAC Minutes (five pages total) 6. Consulting Architect's report (three pages), received May 23, 2011 7. Applicant's letters (five pages total), received September 7, 2011 and July 5, 2011 8. FAR table (one page) 9. Email correspondence from Les Kichler and Richard Wendell (two pages total), received September 5, 2011 10. Email correspondence from Catherine Briggs, Lisa Mammel Chris Potter and Ginger Rowe (five pages total), received September 6, 2011 11. Email correspondence from Eileen Thomas -Werner and Arvind Rajesh (three pages total), received September 7, 2011 12. Letter from Diana Abbati (one page), received September 6, 2011 13. Photosimulations and streetscape rendering (eight sheets), received September 7, 2011 14. Draft Planned Development Ordinance (25 pages) with Rezoning Map (Exhibit A — 1 page) and Conceptual Development Plans (Exhibit B - 32 sheets), received September 7, 2011 Planning Commission Staff Report - Page 3 16213 Los Gatos Blvd./PD-10-004, ND-10-002 September 14, 2011 BACKGROUND: The subject property is the former location of South Bay Honda. The auto dealership relocated out of Town in 2009, and the service center continued to operate on the site through September 2010, The buildings have since been vacant. The site was originally included on the Town's Housing sites Inventory and was a potential location for an Affordable Housing Overlay Zone (AHOZ) which would have required a minimum of 20 units per acre. The site was removed from the list of potential high density housing sites due to the pending application being filed. The applicant presented proposals for a mixed use project to the Conceptual Development Advisory Committee (CDAC) on December 9, 2009, and March 10, 2010. Based on comments received at the CDAC meetings, the applicant decided to eliminate the commercial component of the project. Summary minutes of the two CDAC meetings are attached (see Exhibit 5). The March 10, 2011, comments are discussed in the analysis section of this report. PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The project site is located on the west side of Los Gatos Boulevard between Roberts Road and Mitchell Avenue (Exhibit 1). Properties to the west (George Street) are developed with single family homes, one of which is occupied by Peppertree School. An attorney's office and single family homes are located to the south (Mitchell Avenue). Commercial uses are located across Roberts Road (north) and Los Gatos Boulevard (east). The commercial building on the northeast corner of Los Gatos Boulevard and Shannon Road that was previously the used car display area for the Honda dealership is currently vacant. That property is under separate ownership and is not part of the subject application. B. Planned Development A Planned Development (PD) application has been filed because the General Plan encourages projects on sites larger than 40,000 square feet to be a processed as a PD, and Council policy requires development applications for former auto dealership sites to be a PD. The purpose of a PD overlay zone is to provide for alternative uses and developments more consistent with site characteristics than are allowed in other zones, to create optimum quantity and use of open space, and to encourage good design. A PD is required to include only conceptual development plans; however, the applicant has Planning Commission Staff Report - Page 4 16213 Los Gatos Blvd./PD-10-004, ND-10-002 September 14, 2011 developed detailed plans to demonstrate the merits of the project and the quality of the architectural design. The Planning Commission's recommendation on the PD will be forwarded to the Town Council for final action. C. Subsequent Applications If the PD is approved, a Tentative Map is required to subdivide the property into individual lots, and an Architecture and Site (A&S) application is required for each of the new residences. The PD Ordinance includes the provision that the Development Review Committee (DRC) may be the deciding body for the Tentative Map and A&S applications. D. -Zoning Compliance The proposal complies with the Zoning Ordinance with the exception of reduced setbacks as shown on the conceptual development plans, sheet C2 (Exhibit B of Exhibit 10), and the proposal to provide one BMP unit off -site. ANALYSIS: A. Conceptual Development Advisory Committee Key comments made at the March 10, 2010, CDAC meeting are as follows (staff comments are in italics): • Pedestrians and bicycle traffic need to be accommodated • A sidewalk should be installed on both sides of Mitchell Avenue A new sidewalk will be installed along the entire perimeter of the project site, including the north side of Mitchell Avenue. A new sidewalk will be added on the south side of Mitchell, from the end of the existing sidewalk to George Street, which covers the length of the project frontage on Mitchell. • George Street parking is currently an issue and could be impacted by the development Eight parking spaces are provided along the east side of George Street. Parking along the west side will not be affected. • Two stories preferable to three; consider height variations and articulation and detailing to break up the massing of the homes and avoid them all being the same height All of the new residences are two -stories. There are four unit types that range in height from 20'6" to 25 feet. Detached garages are 12 feet and garages with units above are 21 feet. The carriage style units over garages are an optional element for lots 2 through 7, Planning Commission Staff Report - Page 5 16213 Los Gatos Blvd./PD-10-004, ND-10-002 September 14, 2011 • Secondary access onto Mitchell is preferable to having it on Roberts The secondary access is on Roberts Road. Given the proximity to Los Gatos Boulevard, the private road will be restricted to right hand turning movements. • Project density is much better with the current proposal • Density is appropriate for the site The proposed density is 11 units per acre excluding the on -site BMP unit. As allowed by the General Plan, affordable units are not factored into density calculations. • Softening the architecture on the periphery of the project is important The applicant and project architect worked with staff and the Consulting Architect on the design of the proposed homes throughout the process. Varying architectural styles and heights are proposed (see sheet A6.1 and A6.2 of the conceptual development plans). • Clustering the BMP units is acceptable • Ideal scenario is to integrate the BMP units into the project One BMP unit is being provided within the development and a second BMP unit is proposed off -site. • Retail may not be appropriate in this location • Commercial could be replaced with additional housing units Based on comments made at the CDAC meeting, the applicant decided to eliminate the commercial component and proposed a residential only project. The property is located in a transition area, between commercial and residential uses, and surrounding uses predominantly residential on two sides. • Treatment of architecture, landscaping, fencing along Los Gatos Blvd. is important The landscape scheme along Los Gatos Boulevard consists of a low stone wall with planting behind, and higher fences for private yards set back from the sidewalk and street so that it can be screened with landscaping and will not create a walled off appearance. The stone wall will be meandered to provide a better aesthetic. Street trees will be planted along Los Gatos Boulevard and within the center median (see sheets L2 and L3 of the conceptual development plans for a section and details). B. Architecture and Site The applicant is proposing to demolish the existing site development and buildings and to construct 22 single family residences. Six of the lots will have detached garages and the remainder of the homes will have attached garages. One of the units will be designated as a BMP unit. A second BMP unit is proposed off -site, through conversion of an existing housing unit that will be purchased by the applicant. Planning Commission Staff Report - Page 6 16213 Los Gatos Blvd./PD-10-004, ND-10-002 September 14, 2011 The applicant is proposing four different unit types, with a variety of exterior materials and finishes so the new homes will each have a unique appearance. Heights vary from 20'6" to 25 feet. Sheets A6.1 and A6.2 (Exhibit B to Exhibit 10) include streetscape exhibits for all of the property frontages. A color and material board will be displayed at the Commission meeting. Lots 2 through 7 have detached garages and the remainder of the homes have attached garages. All garages will accommodate two cars. The detached garages on lots 2, 4, 5 and 7 have living space over the garage and are 21 feet high. Built examples of the carriage style garages can be seen in the Thrash House PD at Caldwell Avenue and Los Gatos Boulevard (Bluebird Lane). Detached garages on lots 3 and 6 are 12 feet high. The architectural plans are very detailed for a PD application. The applicant and project architect worked collaboratively with staff and the Town's Consulting Architect to address comments and refine the design as the project progressed. The Architect's report states that the project is planned and designed to fit into the surrounding neighborhood scale and context. Staff and the Consulting Architect will continue to work with the applicant and project architect on the final design details, particularly the entry elements, during the A&S application review (performance standard #3). Story poles have been installed for the proposed residences at the four corners of the site. The applicant has also posted signs announcing the project, and provided photo simulations showing the proposed development from several viewpoints, including the intersections of Los Gatos Boulevard and Roberts Road, and Los Gatos Boulevard and Mitchell Avenue. Lastly, a streetscape rendering has been prepared for the Los Gatos Boulevard frontage (see Exhibits 8 for photo simulations and streetscape rendering). Staff has consistently required story pole placement on developed properties in locations that represent the tallest buildings and/or are in the most sensitive areas of a project site. In order to fully illustrate the proposed development, staff recently began requiring applicants to prepare photo simulations and to post large signs on the property to provide greater information for the public. C. Below Market Price Units The Town's Inclusionary Housing Program requires two BMP units with the proposed project. The new home on lot 21 is designated as a BMP unit. The house is 2,014 square feet and includes four bedrooms and 3.5 baths, and an attached two -car garage. This would be the largest BMP unit in the Town's inventory. A second affordable unit is proposed to be located off -site. There is a provision in the BMP Guidelines that allows off -site units to be proposed for projects of five to nine units, The applicant's proposal to have an off -site unit with a larger project can be considered through the PD. The Planning Commission Staff Report - Page 7 16213 Los Gatos Blvd./PD-10-004, ND-10-002 September 14, 2011 applicant intends to purchase a residential unit elsewhere in Town and to renovate and convert it to a BMP unit. This proposal would result in a BMP unit being added to the Town's inventory much sooner that if it were included within the development, and the off -site unit will be offered to low income households (see applicant's letter, Exhibit 7). This would be the Town's first low income for sale BMP unit. Staff believes there is merit to the applicant's proposal as it will provide an affordable housing opportunity that that is not currently available (providing a large, 4 bedroom unit), a second affordable unit will be provided shortly following project approval, and the unit will be sold to a low income individual or household. The Commission should discuss the applicant's proposal and include a recommendation on this aspect of the project when forwarding the PD to the Town Council for final action. One concern staff has is a residence has not been identified, leaving the size and location of the off -site undetermined. Performance standard #4 requires the off -site BMP unit to be approved by the Town Council prior to issuance of any permits for the project. In addition, a BMP Agreement must be approved by the Town Attorney and Director of Community Development prior to start of construction. D. Neighborhood Compatibility The proposed single-family residential use is compatible with the existing homes on George Street and Mitchell Avenue, and the proposed density is consistent with the RM:5-12 zoning to the west and south of the site. The property is in a transition area between commercial and residential uses. Residential is a less intensive land use than the former auto dealership and will have less of an impact on the existing neighborhood. The height of the proposed homes is compatible with surrounding development. E. Density The project density is 11 units per acre excluding the BMP unit. As allowed by the General Plan, affordable housing units are not counted towards the density of a project. The density with the BMP unit is 11.6 units per acre, which is still within the Medium Density Residential range of 5 to 12 units per acre. F. Setbacks The applicant is requesting reduced setbacks throughout the PD. Setbacks are dimensioned on sheet C2 of the conceptual development plans (exhibit B to Exhibit 10). The smaller setbacks on the west side of the homes on lots 16 through 22 are a trade-off for the greater setbacks along Los Gatos Boulevard, and will prevent vehicles from parking in driveways that are not long enough to accommodate parking. There are some locations where setbacks are relatively small; lots 2, 8, 11, 14, 15 16, 21, and 22 each Planning Commission Staff Report - Page 8 16213 Los Gatos Blvd./PD-10-004, ND-10-002 September 14, 2011 have one setback that is less than five feet, and the detached garages on lots 2 through 7 have two -foot setbacks at the rear. Reduced setbacks are common for a development of this type. The Thrash House PD has similar setbacks and may be viewed as a representative example. The applicant made multiple changes to the site plan layout during the planning review process and increased setbacks between the homes to 10 feet or more as recommended by staff. G. Parking The Town Code requires two spaces per unit for single-family residences, which has been met (each residence has a two -car garage). Five guest spaces have been provided within the development, along the private street, and 13 of the 22 units have additional driveway parking which can be counted toward guest parking. There are 16 street parking spaces available on the project side of Mitchell Avenue, George Street and Roberts Road, with additional parking on the opposite sides of these streets. H. Traffic Based on the estimated trip generation for the proposed use (22 single-family homes), the project will result in a net decrease in AM peak hour traffic and a net increase of three trips during the PM peak hour compared to the former auto repair shop. Compared to the thither auto dealership use, the project will generate fewer trips. The Town's Traffic Policy allows credit for prior uses back to 1985. The applicant is not required to demonstrate a community benefit because the project will not result in an increase of five or more trips during peak periods. Although a traffic study was not required, the applicant submitted a traffic operations and analysis prepared by Hexagon Transportation Consultants. The traffic analysis was peer reviewed by the Town's Traffic Consultant, TJKM. Two intersections were evaluated: Los Gatos Boulevard/Roberts Road/Shannon Road and Roberts Road/Blossom Hill Road. The conclusion is that both intersections would continue to operate at the same acceptable levels of service (LOS B or C) during the AM, PM, and school PM peak hours. School traffic impact was also evaluated due the proximity of the project site to two schools. A mitigation measure is included in the Mitigation Monitoring Plan (MMP) restricting construction truck operations on Los Gatos Boulevard in the vicinity of the site between 2:15 p.m. and 2:45 p.m. on days when school is in session. Planning Commission Staff Report - Page 9 16213 Los Gatos Blvd./PD-10-004, ND-10-002 September 14, 2011 I. Green Building The project was reviewed using the Build It Green standards adopted by the Town Council on June 2, 2008. A preliminary checklist completed by the applicant show the new buildings will significantly exceed the minimum number of points (50) needed to achieve green building certification with a score of 150. PD performance standard #6 requires the project to be certified as green using the GreenPoint checklist. J. Trees and Landscaping The Town's Consulting Arborist, Arbor Resources, reviewed the plans and prepared an arborist report. A total of 20 trees were inventoried including seven street trees. Project construction would result in removal of all but two trees, a large Deodar Cedar (#13), and a prominent Coast Live Oak (#18) located in the Roberts Road right-of-way adjacent to the site's northern boundary. Both of these trees are healthy and structurally stable. The Arborist concluded that both of these trees are expected to survive and would not be adversely affected by project implementation assuming all tree preservation measures are followed. Performance standard #11 requires the recommendations of the Arborist to be implemented. The large Redwood located near the corner of Mitchell and Los Gatos Boulevard is proposed for removal, however the applicant would like to save the tree. It is not certain that the tree can be retained as installation of the new sidewalk and utilities may result in the root system being undermined to the point where the tree cannot be preserved. The perimeter of the site will be fully landscaped, including all front yards and the Los Gatos Boulevard median (see sheet L1 of the conceptual development plans, Exhibit B to Exhibit 10). Detailed landscape plans will be reviewed with the Architecture and Site applications. K. School Impact The project site is within the Los Gatos Union School District (LGUSD) and the Los Gatos -Saratoga Joint Union High School District (LGSJUHSD). Resident school -age children will be eligible to attend Van Meter Elementary, Fisher Middle School and Los Gatos High School. The 2020 General Plan and Environmental Impact Report established the student generation rates. These rates were calculated in 2010, largely based on the actual school district enrolment data, and both school districts were in agreement with the methodology used to determine the generation rates. The student generation rates for single family residential units are as follows: Planning Commission Staff Report - Page 10 16213 Los Gatos Blvd./PD-10-004, ND-10-002 September 14, 2011 Dwelling Type Grades K-5 6-8 9 —12 Single-family residences 0.235 0.131 0.208 Based on the above noted generation rates, the 22 new residences would generate approximately eight students to LGUSD and five to LGSJUHSD. The applicant contacted both school districts to inform them of the project. LGUSD submitted a letter stating that the project will add 10 to 15 students to the school district, which is of concern since the schools are currently operating at full capacity. The project would be subject to the school districts' residential rate of $2.97 per square foot (or rates in effect at time of issuance of building permits). L. General Plan Conformance The proposed project is supported by the 2007-2014 Housing Element as follows: Goal HOU-1: Provide a choice of housing opportunities for all economic segments of the community through a variety of housing types and sizes, including a mixture of ownership and rental housing. Action HOU-1.1: Below Market Price (BMP) Program: Continue to implement the BMP Program in order to increase the number of affordable units in the community. Continue the policy that BMP units are not counted toward the maximum density allowed on a site. The project is supported by the following 2020 General Plan goals and policies: Goal CD-1: Preserve and enhance Los Gatos's character through exceptional community design. Policy CD-1.1: Building elements shall be in proportion with those traditionally in the neighborhood. Policy CD-1.2: New structures, landscapes and hardscapes shall be designed to harmonize and blend with the scale and rhythm of the neighborhood and natural features in the area. Policy CD-1.4: Development on all elevations shall be of high quality design and construction, a positive addition to the Town's ambiance. Goal CD-2: To limit the intensity of development to a level that is consistent with surrounding development and with the Town at large. Goal CD-3: To require utilities, landscaping and streetscapes to contribute to Los Gatos's high quality character. Planning Commission Staff Report - Page 11 16213 Los Gatos Blvd./PD-10-004, ND-10-002 September 14, 2011 Policy CD-3.4: Encourage the use of landscaping such as trees, shrubs, and trellised vines to mitigate the effects of building mass, lower noise and reduce heat generation. Policy CD-3.8: Solid fencing over 3 feet high shall be designed such that it does not isolate the structures from the street, or shall be set back and landscaped. M. CEQA Determination An Initial Study and Mitigated Negative Declaration (MND) were prepared for the proposed project by Geier & Geier Consulting, the Town's Environmental Consultant. The 20-day public review period ended on September 6, 2011. Mitigation measures have been included for tree protection, cultural resources, geotechnical review and hazardous materials. Exhibit 3 is the Mitigation Monitoring Plan. Mitigations have also been included as performance standards in the PD ordinance. PUBLIC COMMENTS: Written notice was sent to property owners and tenants within 300 feet of the property. The applicant had two neighborhood meetings and posted signs announcing the proposed project in addition to installing story poles for four units. The neighborhood meetings were held in March 2010 and March 2011. Notices were sent to properties within a 1000 foot radius of the project site. The applicant presented the site plan and architectural elevations at the meetings. The applicant will provide more detail on their interaction with neighbors at the Planning Commission meeting. Planning and Engineering staff met with the operators of Peppertree School during the process to review plans and answer questions about the project. Recently Town residents emailed comments stating concerns about school impact and the loss of commercial property to residential use (see Exhibits 9 through 11). One resident suggested a mixed use project for the site (see Exhibit 11). CONCLUSION AND RECOMMENDATION: A. Conclusion The proposed project is consistent with the General Plan and Residential Design Guidelines, provides high quality architecture, additional housing including two affordable units, and will be compatible with surrounding development. Each of the new homes has its own character due to variations in height, style, and exterior colors and materials. Staff recommended soft approval due to the applicant's proposal to provide one of the BMP units off the project site. Staff believes there is merit to this proposal; however, it is a policy issue. Planning Commission Staff Report - Page 12 16213 Los Gatos Blvd./PD-10-004, ND-10-002 September 14, 2011 B. Recommendation The Planning Commission should take the following actions to forward the Planned Development application to the Town Council with a recommendation for approval: 1. Make the required findings (see Exhibit 4); 2. Recommend that the Town Council make the Mitigated Negative Declaration (Exhibit 2) and adopt the Mitigation Monitoring Plan (Exhibit 3); and 3. Recommend that the Town Council approve the Planned Development Application subject to the performance standards included in the PD ordinance (Exhibit 10). The Commission may recommend additional conditions and/or may modifications to condition as appropriate. Prepared by: Suzanne Davis, AICP Senior Planner WRR: SD: ct ck n c), c,)e. (+,. Xt,c) proved by: 'e R. Roon Director of Community Develop cc: Mark Robson, Santa Clara Development Co., 2185 The Alameda, Ste. 150, San Jose, CA 95126 N:\DEV\PC REPORTS \2011\L.GB 16213-091411.doc 16213 Los Gatos Boulevard EXHIBIT 1 This Page Intentionally Left Blank LEAD AGENCY: NOTICE TOWN OF Los GATOS ENVIRONMENTAL IMPACT REVIEW MITIGATED NEGATIVE DECLARATION Town of Los Gatos Community Development Department 110 East Main Street Los Gatos, CA 95031 PROJECT TITLE: 16213 Los Gatos Boulevard Planned Development Application PD-10-004 Negative Declaration ND-10-002 PROJECT DESCRIPTION: The project applicant is requesting approval to do the following on the ±1.9-acre site (APN 529-18-031 and 529-18-055): • Rezone the project site from CH to RM:5-12:PD • Demolish existing auto dealership buildings • Construct 22 single-family residences The project site is currently developed with several structures associated with the former Honda auto dealership that occupied the entire 1.9-acre project site. All existing structures (one main sales/service building that spans the site, four sheds, and a trailer storage bin) as well as concrete and asphalt concrete (AC) pavement would be demolished. Approximately 18 trees along the project perimeter would be removed, while two would be retained, including the large 48-inch oak located on the northern project boundary adjacent to Roberts Road. Single-family homes are proposed to be constructed on 22 lots. Proposed lots would range in size from 2,678 to 4,069 square feet (s.f.). Four floor plans ranging from 1,736 to 2,887 s.f. in size (plus attics, porches, and garages) are proposed for 22single-family detached homes; Plans 1, 2, and 3 would have 4 bedrooms, 21 or 31/2 baths, two -car garages, porches, and either an attic (Plans 1 and 2) or optional carriage house over the detached garages (Plan 3). Plan 4 would be the smallest with 3 bedrooms and 21/i baths with garage, but no attic or porch. One lot would accommodate a BMP unit and this unit would have the Plan 2 floor plan (2,014 s.f., 4 bedrooms and 31/2 baths) with a garage and porch but no attic. One off -site BMP unit is also proposed as part of this project. The off -site BMP unit would be located within the Town in a location to be specified and approved by the PD Ordinance. The proposed site plan is included as Attachment 1 of the Initial Study. The project site is located adjacent to Los Gatos Boulevard on the east, Roberts Road on the north, George Street on the west, and Mitchell Avenue on the south. Project homes fronting on Mitchell Avenue and George Street would have driveway access directly onto these streets. A private street is proposed to traverse the site, connecting with Mitchell Avenue on the south and Roberts Road on the north. This street would be 20 feet wide. There are 12 proposed homes with direct driveway access to this private street. No homes would have direct driveway access onto Los Gatos Boulevard or Roberts Road. AUGUST, 2011 1 EXHIBIT 2 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD A total of 86 parking spaces would be provided: 44 garage (covered) spaces for 22 single-family units, 26 driveway guest spaces (plus additional spaces along the longer driveways on George Street), and 16 on - street (off -site) guest spaces along the site's frontage on Roberts Road, George Street, and Mitchell Avenue. No parking spaces are proposed on -site along the private street. Project plans also include the installation of landscaping throughout the site as well as a stone wall and iron fencing along the Los Gatos Boulevard street frontage, front yard fencing (for noise abatement) on the first two rows of houses located closest to Los Gatos Boulevard, and yard fencing. Street trees would be planted along the site's four street frontages. Overall, private open space would cover approximately 48.5 percent of the site's net acreage (40,156 s.f.). Sidewalks along the site's four street frontages would be replaced and no sidewalks would be installed along the private street. DETERMINATION: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures listed below have been added to the project, mitigating potential impacts to a less -than -significant level. An Environmental Impact Report will not be required. STATEMENT OF REASONS TO SUPPORT FINDING: 1. Aesthetics Existing views of the project site consist of a single -story commercial building previously serving an auto dealership as well as vehicle service facilities. The site also contains parking areas for vehicle display and storage along Los Gatos Boulevard. The site is visible from all adjacent streets except for the southwest corner of the site, which is currently screened from view by mature trees and chain link fencing southwestern project boundaries. Presently, there are views to the Santa Cruz Mountains for pedestrians and motorists traveling southbound along Los Gatos Boulevard. Views of mountain ridgelines from southbound Los Gatos Boulevard are available to the south, although views are intermittently blocked by intervening landscape trees. In the project vicinity, intermittent views of mountain ridgelines to the southwest from Los Gatos Boulevard are generally blocked by the project site's mature trees along the site perimeter. Scenic Vistas. With the proposed project, views of mountain ridgelines from Los Gatos Boulevard to the south wouldremain as currently available. However, proposed removal of existing mature landscape trees along the site perimeter and replacement of the one-story structure with one/two-story homes could increase views of the mountain ridgeline to the southwest from Los Gatos Boulevard at some locations, while continuing to block this view at other locations along the boulevard. Views of the site from existing homes located across Mitchell Avenue and George Street are oriented toward the north and east, respectively, and scenic vistas of the Santa Cruz Mountains (to the south and west) are not available in these directions. Therefore, the project would have no effect on any scenic vistas of the mountains that are available from these homes. Scenic Resources Within a State Scenic Highway. There are no state -designated scenic highways in the project vicinity and therefore, the project would not affect scenic resources within a state scenic highway. Visual Character. The proposed project would change the existing visual character of this section of Los Gatos Boulevard from an exclusively commercial environment on both sides of the boulevard to a mix of residential and commercial uses. The project site is located within the plan area for the Los Gatos Boulevard Plan. The Plan provides direction and guidelines for overall development and improvements along Los Gatos Boulevard. The project would be consistent with the land use objective of the Los Gatos Boulevard Plan, which encourages a transition from the higher density mixed use area in the north to a AUGUST,2011 2 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD mixture of residential and commercial clusters, and then to the existing residential to the south. The project's consistency with these guidelines is discussed in the Initial Study, Section 10, Land Use and Planning, Table 2. At present, the site's visual character is defined by existing buildings/parking lots on the site as well as existing development along streets surrounding the site: there are four structures on the south side of Mitchell Avenue (three houses and law offices located in what appears to be a former house), four structures along George Street (two houses and a pre-school facility located in what appears to be two former houses), and a commercial structure and parking lot to the north. With the project, there would be the same number of structures on. Mitchell Street (four project homes on the north side), twice as many structures on George Street (eight project homes on the east side of George Street), and three project homes on Roberts Road. Although project's density would be higher than the existing adjacent neighborhood to the west (across George Street), replacement of former auto dealership use with single- family residences would increase consistency of the site with the existing visual character established by the existing residences and pre-school located in former residences. The Town retained Cannon Design Group (CDG) to evaluate the project's architectural design and site plan for consistency with Design Standard objectives. CDG has reviewed and provided comments on a number of iterations of the site plan with the most recent in May 2011. Copies of this and previous CDG reviews are on file at the Community Development Department. While CDG acknowledged that most of the concerns raised in the previous review (November 2010) had been addressed in the revised plan, CDG identified a few concerns such as the lack of a sidewalk along the proposed interior street; entries to BMP homes, and consistency of proposed home plans and elevations with the Town's Residential Design Guidelines. The recommendations and comments include the following items: ■ Provide more traffic calming features on the proposed interior street to increase pedestrian safety (e.g., using modular pavers for all street surfacing and narrowing the entries/exits to this street to one car width, or using trees or planters to narrow the street to one car width in some areas). This has been addressed by curving the street, adding an island at Roberts Road and using textured pavement for the new private street. ■ Minor design recommendations regarding increasing the depth of the entry porch on Plan 1 by at least two feet, avoiding large dormer windows on the second floor, and making finishes on the front, side, and rear elevations consistent. Applicant has agreed to these recommendations and the design details would be refined during Architecture and Site review. Design concerns regarding the two BMP units were also raised by CDG, but they have since been addressed by the applicant. One BMP unit is now proposed to be located on -site with the elevation/floor plan the same as other project units, while the second BMP unit is proposed to be located off -site (design and location not yet specified). An existing residential unit would be purchased and would be converted to a BMP unit; location not yet specified. Light or Glare. Existing improvements on the site include exterior lighting on the main building and parking areas. While project residences would have exterior lighting, the scale of exterior lighting would decrease from larger -scale commercial and parking lot lighting to smaller -scale residential exterior lights. Street lighting is proposed to be limited to one light on Mitchell Avenue, one on George Street, one on Roberts Road, and three on Los Gatos Boulevard. It should be noted that no street lights would be added as part of the proposed project, but some would be relocated. To reduce the potential for disturbance due to nighttime lighting, the project will need to satisfy Town Code Section 29.10.09035, which prohibits the production of direct or reflected glare (such as that produced by floodlight onto any area outside the project boundary) AUGUST, 2011 3 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD 2. Agriculture and Forestry Resources The 1,9-acre project site is currently developed with facilities associated with the former auto dealership use. Development of the proposed project would replace the remnants of the site's previous commercial use with new residential development. The site's agricultural timberland production potential is low due to existing on -site development as well as surrounding development. State farmland mapping shows the project site as "Urban and Built -Up Land," indicating that this land has already been converted to non- agricultural use. There are no existing agricultural or forestry uses/operations at or adjacent to the site, 3. Air Quality Air Quality Planning. The San Francisco Bay Area Air Basin is classified by the Bay Area Air Quality Management District (BAAQMD) as non -attainment for ozone and inhalable particulates (PM10). To address these exceedances, the BAAQMD, in cooperation with the MTC and ABAG, prepared the Bay Area 2005 Ozone Strategy (BAOS) in September 2005 and Particulate Matter Implementation Schedule (PM1S) in November 2005. The PMIS discusses how the BAAQMD implements the California Air Resources Board's 103 particulate matter control measures. In September 2010, the BAAQMD adopted the 2010 Bay Area Clean Air Plan (CAP), which updates the BAOS. The most recently adopted air quality plan in the Basin is the 2010 Bay Area Clean Air Plan (Clean Air Plan). This Clean Air Plan outlines how the San Francisco Bay Area will attain air quality standards, reduce population exposure and protect public health, and reduce greenhouse gas (GHG) emissions. The consistency of the proposed project with the most recently adopted regional air quality plan, the CAP, is determined by comparing the project's consistency with pertinent land use and transportation control measures contained in the CAP. Pertinent measures relate to evaluating impacts according to the BAAQMD's CEQA Guidelines (impact evaluation presented below) and promoting land use patterns that support residential development near transit in order to facilitate walking, bicycling and transit use (TCM D-3, Local Land Use Strategies). The project would support transit use by including a bus duckout on Los Gatos Boulevard and maintaining the bus stop at the project site, as recommended by the Santa Clara Valley Transportation Authority, The project's construction -related and operational emissions were determined to not exceed the BAAQMD's CEQA significance thresholds for criteria pollutants and PM2.5, and health risks to sensitive receptors during project construction and operation were determined to be less than significant. Therefore, the proposed project would be consistent with the BAAQMD's CAP (the most recently adopted regional air quality plan). The consistency of the proposed project with the most recently adopted regional air quality plan, the CAP, is also determined by comparing the project's consistency with the Los Gatos 2020 General Plan, which was also adopted in September 2010. Since the CAP is based on population projections of the Association of Bay Area Governments (ABAG) that are based on the Town's General Plan in effect at the time the CAP was approved, consistency of the project with the 2020 General Plan would indicate consistency with the 2010 CAP. While the proposed residential use would be allowed by the site's current General Plan designation of Mixed Use Commercial, the level of development for the site is not defined by the General Plan or Zoning Ordinance. However, the project's projected population growth would be consistent with ABAG's 2009 population projections, and therefore, the project would be consistent with the CAP. Air Quality Standards. The BAAQMD is responsible for attaining and/or maintaining air quality in the San Francisco Bay Area Air Basin within Federal and State air quality standards. Specifically, the BAAQMD has the responsibility to monitor ambient air pollutant levels throughout the Basin and to develop and implement strategies to attain the applicable Federal and State standards. In June 2010, the BAAQMD adopted CEQA thresholds of significance and updated its CEQA Air Quality Guidelines, which provides guidance for assessing air quality impacts under CEQA. AUGUST,2011 4 MITIGATED NEGATIVE DECLARATION — 16213 Los GATOS BOULEVARD The recently adopted BAAQMD CEQA Guidelines (2011) outline screening criteria, and considers a project's construction -related impact to be less than significant if it meets the screening level size, incorporates all Basic Construction Mitigation Measures, and does not include demolition, simultaneous occurrence of more than two construction phases, simultaneous construction of more than one land use type, extensive site preparation, or extensive material transport (more than 10,000 cy import/export). The project's construction -related air pollutant emissions would result from demolition, surface disturbance. The proposed 22-unit residential development would fall below the BAAQMD screening thresholds for construction -related criteria pollutant emissions (114 dwelling units) and operational criteria pollutant emissions (325 dwelling units) and therefore, the project's operational air pollutant emissions would not exceed the BAAQMD significance thresholds for criteria pollutants, a less -than -significant impact. However, the BAAQMD recommends implementation of all Basic Construction Mitigation Measures whether or not construction -related emissions exceed the significance thresholds. Therefore, the project's construction -related and operational increases in criteria pollutant emissions would be less than significant with implementation of Mitigation Measure AQ-1. Cumulative Air Quality Impacts. To address cumulative impacts on regional air quality, the BAAQMD has established thresholds of significance for construction -related and operational criteria pollutants and precursor emissions. These thresholds represent the levels at which a project's individual emissions of criteria pollutants and precursors would result in a cumulatively considerable contribution to the SFBAAB's existing air quality conditions. If daily average or annual emissions exceed these thresholds, the project would result in a cumulatively significant impact. Since the project's construction -related and operational criteria pollutant emissions would not exceed BAAQMD significance thresholds (as indicated by the above screening criteria), the project's contribution would be less than cumulatively considerable and therefore, less than significant. Exposure of Sensitive Receptors. Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. CARB has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. Sensitive receptors within the immediate vicinity of the project site include residential uses to the south and southwest as well as a pre-school located northwest of the site (across George Street). A health risk screening was completed for the project and is included as Attachment 2 of the Initial Study. The results of the health risk.screening are presented in Table 1 of the Initial Study. As indicated in this table, the project's construction -related DPM emissions would not exceed BAAQMD significance thresholds for cancer and non -cancer health risks (including the highest age sensitivity factor for infants, up to 2 years in age) and therefore, would result in a temporary, less -than -significant health risk to pre-school students. In addition to the above construction -related risk and hazard impacts, project residents would be exposed to risk and hazard impacts from exhaust emissions generated by high vehicle volumes along Los Gatos Boulevard. However, according to BAAQMD screening tables, average daily vehicle traffic volumes between 10,000 and 20,000 would generate an excess cancer risk of approximately 4 to 4.5 cases in a million, minimal non -cancer chronic and acute indices, and average annual PM2.5 concentrations of 0.15 to 0.17 ysg/m3 at 50 feet. Such levels would not exceed the BAAQMD significance thresholds for risk and hazard impacts at new sensitive receptors of 10 excess cancer cases in a million, greater than 1.0 hazard index (chronic and acute non -cancer risks), and annual average PM2.5 concentrations of 0.3 yg/m3 Therefore, project residents would be subject to less -than -significant risk and hazard impacts. Odors. During project construction, nuisance diesel odors associated with operation of diesel construction equipment on -site (primarily during initial grading phases), but this effect would be AUGUST, 2011 5 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD localized, sporadic, and short-term in nature. Therefore, temporary impacts from nuisance diesel odors on adjacent residential receptors is considered to be less than significant. According to the BAAQMD CEQA Air Quality Guidelines, land uses associated with odor complaints typically include wastewater treatment plants, Landfills, confined animal facilities, composting stations, food manufacturing plants, refineries, and chemical plants. The project would not include any uses identified by the BAAQMD as being associated with odors. No new or unusual sources of nuisance odors would be associated with proposed residential uses. Therefore, the project's potential for nuisance odor problems would be less than significant. Mitigation Measures — Air Quality (AQ). The following measures shall be implemented by the project applicant to maintain the project's air quality impact to a less -than -significant level: 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 contract specifications: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two 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 power 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 [CCRJ). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be 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 corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. Mitigation Monitoring. Prior to issuance of any Grading Permit, the Directors of Parks & Public Works and Community Development shall be responsible for ensuring that these measures are properly incorporated into project plans and implemented during project construction. 4, Biological Resources Special -Status Species, Sensitive Communities and Wetlands, Fish and Wildlife Movement, Corridors, Nursery Sites. The project site is developed with a parking lot and auto dealership buildings from previous commercial use of the property. Vegetation on the site consists of landscape trees, shrubs, and groundcover along the perimeter of the property. Trees along the southwestern boundary of the site serve as an effective screening element for the nearby residential properties on Mitchell Avenue and George Street. The habitat value of site vegetation is limited to urban -adapted species. There are no g. AUGUST, 2011 6 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD sensitive wetlands or other sensitive natural communities, nor are there any fish or wildlife migratory corridors or nursery sites on the site or in its vicinity. Tree and Biological Protection Ordinances. Policy O.P.3.3 of the Open Space Element of the Los Gatos General Plan emphasizes preservation of public and private landscaping along Town streets. The Los Gatos Tree Protection Ordinance states that the preferred tree replacement is two or more trees of a species and size designated by the Director of the Parks and Public Works Department. Tree replacement requirements are based on canopy size, which is defined in Table 3-1 of the Ordinance, Tree Canopy — Replacement Standard. Tree canopy replacement requirements range from two to six 24-inch box size trees or two 36-inch and/or 48-inch box size trees, depending on the canopy size of the tree to be removed. A tree survey was prepared for the project by the Town's consulting arborist, Arbor Resources (AR), in June 2010 and updated in May 2011. Copies of these studies are on file with the Los Gatos Community Development Department. The AR assessment and revised project plans serve as the basis for the following evaluation of the project's potential effects on trees at the property. The AR survey identified a total of 20 ordinance -size trees of various species on the project site. There are six coast redwoods (#4 through 9) and six Deodar cedars (#3, 10 through 14), comprising 40 percent of site trees. Other species include one carob (#1), one eucalyptus (#2), two coast live oaks (#17 and 18), one fern pine (#15), one cypress (#16), one maple (#19), and one pittosporum (#20). Except for the pittosporum, the other 19 trees are located along the site's perimeter; seven of these have trunks situated partially or entirely within the public right-of-way and are regarded as street trees. Project implementation would result in removal of all but two trees (#13 and 18): a large Deodar cedar (#13) with a 19.5 trunk diameter and 40-foot canopy spread, and a prominent coast live oak (#18) with a 46-inch trunk diameter and 80-foot canopy spread. The oak is located in the Roberts Road right-of-way adjacent to the site's northern boundary and has clearly outgrown its planter. Both of these trees are healthy and structurally stable. AR concluded that both of these trees are expected to survive and would not be adversely affected by project implementation assuming AR recommendations are implemented as required in Mitigation Measure BIO-1. Habitat Conservation Plans. The proposed project would not be in conflict with any approved local, regional, or state habitat conservation plan. Mitigation Measures — Biological Resources (BIO). The following measures are required to reduce potentially significant impacts on trees to be retained to a less -than -significant level: BIO-1: The applicant shall implement recommendations made by the Arbor Resources report dated May 17, 2011. Recommendations are listed under Section 5.0, Recommendations, and include recommendations under the Design Guidelines sub -section for tree protection and replacement, soil disturbance, trenching, and landscape design. The report also provides recommendations under Protection Measures during Grading and Construction sub -section before and during construction, tree protection fencing, removal of hardscape, work within tree canopies, etc. The report's recommendations are included as Attachment 3 of the Initial Study. Mitigation Monitoring. The Directors of the Community Development and Parks and Public Works Departments will be responsible for ensuring that these recommendations are reflected in final project plans and are properly implemented before and during construction. 5. Cultural Resources Historical Resources. Project implementation would result in demolition of existing buildings on the site. These buildings do not meet Town standards and guidelines for historical resources: (1) the project site is not located within an historic district; (2) the site and site structures do not have historical AUGUST,2011 7 MITIGATED NEGATIVE DECLARATION — 16213 Los GATOS BOULEVARD designations; and (3) structures on the site were constructed after 1941 and have no architectural or historic significance. Therefore, no significant impacts on historic resources would result from the proposed demolition. Archaeological Resources and Human Remains. An archaeological literature review was undertaken by Holman & Associates at the Northwest Information Center (NWIC) located at Sonoma State University (file no. 10-0601) to obtain information about recorded historic and prehistoric archaeological sites in and around the project area, and information about previous archaeological field studies of the project area and its surroundings. A copy of the Holman report is on file and available for public review at the Los Gatos Community Development Department. The review of NWIC records indicates that there has been no previous archaeological field inspection of the project area, and that there are no recorded historic or prehistoric sites within 500 feet of the project site. The nearest cultural resource indicated on NWIC inventory maps is a formally unrecorded prehistoric site found at•the Fisher School on Blossom Hill Road. There is no additional information regarding this resource. The lack of recorded prehistoric archaeological sites may be due to the relatively early historic buildout of this area, which precluded the systematic search for archaeological resources that may have been associated with the riparian zone that Los Gatos Creek, which is located less than 1,000 feet to the west of the project area. This riparian zone, in which the Fisher School site is located, would have been an ideal habitation location for Native Americans, who utilized the food resources and availability of water during their annual movements between numerous seasonal village and camp sites in the Santa Clara Valley. Archaeological resources have been recorded at several locations north of the Vasona Reservoir and along adjacent watercourses found in nearby San Jose; their presence suggests that the project area has a moderate potential for containing archaeological resources under the paving and buildings currently covering the site. Since almost the entire site is covered with buildings or pavement, a visual inspection of the site by Holman & Associates was not possible, but the potential for discovery of obscured cultural resources during future development of the project site would still remain, a potentially significant impact. However, implementation of Mitigation Measures CUL-1 through CUL-3 would reduce this impact to a less -than -significant impact. Paleontological Resources. Paleontological resources are the fossilized remains of plants and animals, including vertebrates (animals with backbones), invertebrates (e.g., starfish, clams, ammonites, and marine coral), and fossils of microscopic plants and animals (microfossils). The age and abundance of fossils depend on the location, topographic setting, and particular geologic formation in which they are found. Fossil discoveries not only provide a historic record of past plant and animal life, but may assist geologists in dating rock formations. A review of records maintained by the University of California Museum of Paleontology in Berkeley indicates that the closest paleontological resources recorded in Santa Clara County occur approximately 15.5 miles west of Los Gatos. These resources were discovered in geologic strata dating from the Late Pliocene and Miocene epochs of the Tertiary Period (65 to 1.8 million years ago). Geologic mapping for the proposed project indicates the site is underlain by Pleistocene alluvial fan deposits. These deposits are more recent and differ in age from those containing the recorded paleontological resources. Consequently, the potential for encountering paleontological resources at the project site is considered to be low. Mitigation Measures — Cultural Resources (CUL). The following measures shall be implemented by the project applicant to reduce the project's potential impact on archaeological resources to a less -than - significant level: AUGUST,2011 8 MITIGATED NEGATIVE DECLARATION — 16213 Los GATOS BOULEVARD CUL-1: Ground Surface Inspection. A qualified archaeologist shall be retained to inspect the ground surface subsequent to the removal of buildings and pavement to search for indicators of prehistoric occupation and/or use of the area. If the visual inspection of the ground surface yields any materials or information which may qualify the discovery for inclusion on the California Register of Historic Resources (CRHR), a plan for the evaluation of the resource shall be submitted to the Community Development Director for approval. CUL-2: Evaluation and Mitigation of Eligible Resources. Evaluation normally takes the form of limited hand excavation of the resource area to search for significant archaeological materials or information. If the evaluation demonstrates that the resource area qualifies for inclusion on the CRHR and that the proposed development will damage the resource significantly, a plan for mitigating the impacts on the resource shall be submitted to the Los Gatos Community Development Department for approval before mitigation of impacts can be undertaken. Mitigation can take the form of additional hand excavation of significant materials to remove samples for analysis and publication, along with archaeological monitoring of all further construction -related earthmoving inside the zone of archaeological sensitivity. Such mitigation will ensure that significant artifactual material and information are retrieved for analysis, and that human remains (if encountered) are identified so that further damage can be avoided if possible. CUL-3: Discovery of Human Remains. In the event that human remains are discovered, work should be stopped inside a zone designated by the project archaeologist until the County Coroner's Office and the Native American Heritage Commission (NAHC) have been notified. The NAHC is responsible for designating 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. Mitigation Monitoring. During construction, the Director of Community Development shall be responsible for ensuring that these measures are properly implemented. 6. Geology and Soils Pacific Geotechnical Engineering (PGE) conducted a geotechnical investigation of the project site and presented the results of the analysis in a report dated May 17, 2010. The PGE geotechnical investigation consisted of a surface reconnaissance and subsurface exploration to evaluate physical and engineering properties of the subsurface soils (including eight borings), soil samples, laboratory testing, and engineering analysis. The Town retained AMEC Geomatrix Consultants, Inc. (AMEC), a geotechnical consulting firm, to review PGE's study. Copies of all reports are on file at the Los Gatos Community Development Department. The AMEC assessment (dated August 19, 2010) concluded that the proposed project is feasible from a geotechnical standpoint, provided recommendations in the PGE report are incorporated into project plans and implemented during project construction. AMEC identified three residual concerns relating to: (1) the locations of a localized depression; (2) a note on Sheet Cl referencing underground storage tanks and other voids; and (3) PGE's opinion on whether the actual percolation rates are consistent with assumed rates in the stormwater management plan. In response, the note on Sheet Cl was later clarified to indicate grease traps (not underground storage tanks) and the locations of the two grease traps were added. PGE indicated that the depression is located in the existing pavement area in the southeastern portion of the site and indicated that actual percolation rates exceed those assumed in the stormwater management plan. AUGUST, 2011 9 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD In a March 23rd 2010 letter, AMEC provided additional observations concerning PGE responses and concurred with PGE that the proposed project is feasible, provided PGE's geotechnical engineering recommendations are incorporated into the project design. Seismic Hazards. Town's hazards maps indicate that the project site has a very low potential for liquefaction, low potential for fault rupture, moderate potential for seismic shaking, and no faults traverse the site. PGE indicated that the project site is not located in a currently designated Alquist-Priolo Earthquake Fault Zone. The closest mapped faults are projected traces of the northwest -southeast trending Shannon fault zone located approximately 0.25 miles northeast and southwest of the property. The active San Andreas fault zone is mapped approximately 4 miles southwest of the property. Because of the distance from mapped active and potentially active faults, both AMEC and PGE concluded that the potential for fault ground rupture on the project site is very low. However, the project site, like other surrounding developed areas, will be subject to very strong to violent ground shaking from a future large earthquake on the nearby San Andreas fault zone, or on one of the other major active fault zones in the region. Conformance with the 2007 California Building Code along with site -specific seismic design parameters specified in the PGE report (Mitigation Measure GEO-1) would be adequate to reduce potentially significant groundshaking hazards to less than significant. AMEC and PGE both concluded that the potential for liquefaction at the project site is low. Town's hazards maps indicate that the site has no slope stability or debris flow hazards due to the site's relatively level topography. Therefore, impacts related to landslides would be less than significant. Erosion Hazards. The site is currently developed with one structure associated with the former auto dealership and service bays, an outlying structure and carports, parking lots, and landscaping. Since the site was previously developed, excavation associated with previous and existing developments would have removed any top soil historically present, therefore there would not likely be a well developed top soil horizon at the project site. Therefore, impacts related to loss of topsoil would be less than significant. The proposed conceptual grading plan indicates that approximately 800 cubic yards of material would be cut, 1,075 cubic yards would be imported, and 283 cubic yards would be hauled off -site. Detailed grading plans would be prepared and evaluated during the Architecture and Site review process, and the Town will require (as a condition of project approval) preparation and implementation of a complete erosion control plan (including interim and permanent erosion control measures. Requirement and implementation of a complete erosion control plan would reduce potential short- and long-term erosion hazards to less than significant. Soil Engineering Constraints. The property is located east of Los Gatos Creek, on an alluvial plain that is rimmed on the west, south and east by the foothills of the Santa Cruz Mountains. According to AMEC and PGE, regional geologic maps indicate that the overlying sediments are Pleistocene -age alluvial fan deposits. The eight geotechnical borings drilled on the site encountered pavement, underlain by medium dense to very dense, clayey sand and clayey sand with gravel to the depths explored. Up to approximately three feet of fill was encountered in two of the eight borings, and the loose fill could pose soil instability problems and further evaluation will be required at the time of construction (Mitigation Measure GE0-2). The near -surface soils have a low plasticity and a low potential for expansion. The proposed drainage design relies heavily on infiltration of surface runoff (see Section 9, Hydrology and Water Quality for a description) and the design assumes a soil permeability rate of 0.5 inch per hour (approximately 1.2 x 10"5 feet per second). Pacific Geotechnical Engineering noted that on -site surface soils consist of .clayey sand with variable amounts of fines and percolation rates were estimated to be about 2 x 10-4feet per second, which would exceed the design rate. Therefore, site soils are not expected to constrain the proposed drainage design, a less -than -significant impact. AUGUST, 2011 10 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD Mitigation Measures — Geology and Soils (GEO). The following measures shall be implemented by the project applicant to reduce the project's seismic, geologic, and soil impacts to less -than -significant Ievels: GEO-1: Implement Geotechnical Report Recommendations. The recommendations of the Pacific Geotechnical Engineering geotechnical investigation and AMEC Geomatrix peer review (May 17, 2010 and August 19, 2010) shall be incorporated in the final construction plans for the proposed project (Attachment 4 of the Initial Study). These recommendations address site preparation, earthwork operations, drainage, and foundations. 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. Mitigation Monitoring. Prior to issuance of the grading permit, the Directors of the Community Development and Parks and Public Works Departments shall be responsible for ensuring that the recommended measures from the design -level geotechnical investigation are incorporated into plans and properly implemented, and undocumented fill materials are properly characterized and reused/disposed of off -site during construction. 7. Greenhouse Gases "Greenhouse gases" (so called because of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as "global warming." These greenhouse gases contribute to an increase in the temperature of the earth's atmosphere by transparency to short wavelength visible sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation. The principal greenhouse gases (GHGs) are carbon dioxide, methane, nitrous oxide, ozone, and water vapor. Fossil fuel consumption in the transportation sector (on -road motor vehicles, off - highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately half of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about one-fourth of total emissions. Short-term GHG emissions would be generated by project -related construction activities. The BAAQMD does not have a quantitative significance threshold for construction -related GHG emissions, but the project's construction -related GHG emissions are expected to have a less -than -significant impact on global climate change. GHG modeling completed for this project indicates that project construction would generate up to approximately 88 short tons per year of CO2, which is equivalent to 80 metric tons of CO2- equivalents (CO2e).1 For comparison purposes, this emissions rate is well below the BAAQMD's operational threshold of 1,100 metric tons (MT) of CO2e per year, which would indicate that the project's construction -related GHG emissions would be less than significant. The proposed project would also be subject to the existing CARB regulation (Title 13 of the California Code of Regulations, Section 2485), which limits idling of diesel -fueled commercial motor vehicles, and compliance with this regulation would further reduce GHG emissions associated with project construction vehicles (compliance with idling limits is required under Mitigation Measure AQ-1 in Section 3, Air Quality). The BAAQMD also 1 Because of the differential heat absorption potential of various GHGs, GHG emissions are frequently measured in "carbon dioxide -equivalents" or CO2e, which present a weighted average based on each gas's heat absorption (or "global warming") potential. When CO, and non -CO, GHG emissions are considered together, they are referenced as CO2e, which add approximately 0.9 percent to CO, emissions from diesel equipment exhaust (California Climate Action Registry, General Reporting Protocol, Version 3,1, January 2009. Available online at: http://www.climateregistry,ora/tools/protocols/aenerat- reportinaprotocol.html. Accessed on June 14, 2011). See Attachment 2 of the Initial Study for other construction assumptions. AUGUST, 2011 11 MITIGATED NEGATIVE DECLARATION — 16213 Los GATOS BOULEVARD encourages implementation of construction -related GHG reduction strategies where feasible, such as: using alternative -fueled (e.g., biodiesel, electric) construction vehicles/equipmentsuch that these vehicles/equipment comprise at least 15 percent of the fleet; using local building materials such that these materials comprise at least 10 percent of all construction materials; and recycling or reusing at least 50 percent of construction waste or demolition materials. Implementation of the proposed project would contribute to long-term increases in greenhouse gases (GHGs) from minor secondary fuel combustion emissions from space heating). Since traffic generated by the project would result in a traffic decrease from the former auto dealership use, the project would not result in long-term increases in GHGs from direct sources such as traffic. Development occurring as a result of the proposed project would also result in other indirect operational increases in GHG emissions as a result of electricity generation to meet project -related increases in energy demand. Electricity generation in California is mainly from natural gas -fired power plants. However, since California imports about 20 to 25 percent of its total electricity (mainly from the northwestern and southwestern states), GHG emissions associated with electricity generation could also occur outside of California. Space or water heating, water delivery, wastewater processing and solid waste disposal also generate GHG emissions. The adopted BAAQMD's operational GHG screening criterion for single-family residences is 56 units, and the proposed project would fall well below this criterion and therefore, the project's operational GHG emissions would not exceed the BAAQMD GHG significance thresholds; consequently, a detailed, quantitative assessment of the project's GHG emissions would not be required and the impact of the project's GHG emissions are considered to be less than significant. Greenhouse Gas Reduction Plans, Policies, and Regulations. California has passed several bills and the Governor has signed at least three executive orders regarding greenhouse gases. The Governor's Office of Planning and Research is in the process of developing CEQA significance thresholds for GHG emissions but thresholds have yet to be established. The Governor's Office of Planning and Research is in the process of developing CEQA significance thresholds for GHG emissions but thresholds have yet to be established. GHG statutes and executive orders (EO) include EO S-1-07, EO S-3-05, EO S-13-08, EO S-14-08, EO S-20-04, EO S-21-09, AB 32, AB 1493, AB 3018, SB 97, SB375, SB 1078 and 107, and SB 1368. AB 32 establishes regulatory, reporting, and market mechanisms to reduced statewide GHG emissions to 1990 levels by 2020. Pursuant to this requirement, the California Air Resources Board (CARB) adopted its Scoping Plan, which contains the main strategies to achieve required reductions by 2020. However, on March 18, 2011, the San Francisco Superior Court issued a final ruling that effectively blocks the CARB from implementing GHG reducing actions outlined in the Scoping Plan until CARB complies with CEQA. If the decision is finalized, the CARB will have to reconsider the environmental impact of the Scoping Plan and examine alternatives to the Scoping Plan's cap and trade policy. Although implementation of certain elements of the Scoping Plan at the statewide level may be delayed, local GHG reduction policies would still apply to this project. In April 2008, the Town adopted near -term policy recommendations from the Santa Clara County Cities Association Green Building Collaborative. These policies require the submittal of a completed LEED or Build It Green's Greenpoint Rated checklist as part of all planning applications and require all new public construction and renovation projects over 5,000 s.f. to achieve at least a LEED Silver certification. Requiring a checklist as part of a planning application does not require that the proposal incorporate green building practices. However, it will enable the Town to track the current use of green building practices and establish a baseline for future green building practices and requirements. The checklist requirement will also draw the attention of design and building professionals to the possibility of incorporating green building techniques into future projects. AUGUST, 2011 12 MITIGATED NEGATIVE DECLARATION — 16213 Los GATOS BOULEVARD The Town of Los Gatos does not yet have an adopted GHG reduction plan, although preparation of a Climate Action Plan is underway. The GHG reduction plan will identify goals, policies, and implementation measures that would achieve the goals of AB 32 for the entire community. Until such a plan is implemented, the Town's adopted GHG policies and General Plan Policy ENV-17.5 will require that a Greenpoint Rated checklist will be required for the project during the Architecture and Site (A&S) review process. A GreenPoint checklist has been prepared for the project, consistent with Town's adopted GHG policies. The project could achieve a GreenPoint rating score of 69, which would meet the minimum advisory GreenPoint rating score of 50 points. However, if the Climate Action Plan has been completed by the time of A&S approval, the project will be required to implement policies and measures included in that plan. Also, as described above, the proposed project would be required comply with the 2010 California Green Building Code. In addition, the project's location adjacent to a bus route would encourage transit use and proximity to commercial uses (less than one-fourth mile) would encourage alternative transportation modes for access to goods and services. For these reasons, the project is considered to not hinder the state's GHG reduction goals established by AB 32, a less -than -significant impact. 8. Hazards and Hazardous Materials A Phase I and Phase II Environmental Site Assessment (ESA) was conducted for the project site by ENVIRON International Corporation (ENVIRON) in July 2010. The ESA is on file with the Los Gatos Community Development Department. The following impact discussion summarizes the findings of the ESA regarding the current use of hazardous materials at the project site, and the potential for soil or groundwater contamination to be present. Transport, Use, or Disposal of Hazardous Materials. The project site is developed with an auto dealership/auto repair shop, asphalt driveways, and parking lots. The dealership showroom and some office and service areas are currently unused or are used as storage areas. The building on the site was constructed in the early 1960s. The site was operated as a car dealership and auto 'repair shop since the early to mid 1960s. Car dealership activities at the site ended in approximately 2008. Until recently, the site operated as an automotive repair shop, performing repairs, washing, and maintenance services. According to the site owner, no fuel pumps or underground storage tanks have ever been located on the property. The recent repair shop used hydraulic -powered service lifts with self- contained fluid reservoirs, and maintains four double -walled aboveground storage tanks containing new oil, new coolant, waste oil, and waste coolant, each with a capacity of approximately 250 to 500 gallons. New products were distributed to the service bays via piping along the walls and ceiling of the facility. Small quantities of paints, greases, and other potentially hazardous chemicals were stored in yellow metal cabinets near the aboveground storage tanks. A parts washer was observed in the service area, which appeared to contain a water -based, non -chlorinated solvent. Waste oil and coolant were periodically disposed off -site by an oil recycling and disposal contractor. The repair shop stored spent oil absorbent material in 55-gallon steel drums stored on pavement and beneath an awning, within the fenced area behind the service bays, until they were picked up for disposal by the oil recycling and disposal contractor. The contractor also provided service for the parts washer and for an oil -water separator (clarifier) located beneath the floor drain in the wash bay. Cleaning products in plastic containers were observed in the wash bay area and in a janitorial closet inside the hallway leading from the service area to the office/dealership areas. Project implementation would result in development of residential uses on the site and elimination of existing transport, use, and disposal of hazardous materials at the project site. Release of or Exposure to Hazardous Materials. According to the site owner, the property has never had any underground storage tanks (USTs) or fuel pump islands. However, fire department records indicate a UST located in the northern parking lot area was abandoned in place by filling with concrete AUGUST,2011 13 MITIGATED NEGATIVE DECLARATION — 16213 Los GATOS BOULEVARD under fire department oversight on April 15, 1981. No other resources are available that can confirm the historical presence of the UST. No pad- or pole -mounted transformers were observed at the site. According to Air & Lithe Systems, Inc., the company that services the hydraulic service lifts at the site, the hydraulic oil contained within the lifts does not typically contain polychlorinated biphenyls (PCBs). The 2010 geotechnical report by Pacific Geotechnical did not encounter groundwater to a depth of 39.5 feet. Therefore, the potential to encounter groundwater during project construction would be low. Potential Exposure to Hazardous Materials in Soil. As part of the 2010 Phase II investigation of the site, ENVIRON collected and analyzed over 20 soil and 8 soil gas samples from shallow soil borings within the interior and exterior areas of the site. Sample analytical results indicated that arsenic exists in site soils above the residential California Human Health Screening Level (CHHSL) and Environmental Screening Level (ESL) of 0.07 milligrams per kilogram (mg/kg) and 0.39 mg/kg, respectively, but within the typical range of natural background concentrations of arsenic. Lead was also found in site soils at a maximum concentration of 140 mg/kg, which is above the typical range of natural background concentrations, but below the current residential CHHSL and ESL of 150 mg/kg and 200 mg/kg, respectively. The soluble concentration of lead in one soil sample, determined using the California Waste Extraction Test, was 19 milligrams per liter (mg/L) which exceeds the Soluble Threshold Limit Concentration of 5 mg/L indicating that some of the soil could be classified as a California hazardous waste, if excavated. In addition, soluble concentrations of chromium could potentially exceed the Soluble Threshold Limit Concentration of 5 mg/L. Sample analytical results for organics, including Total Petroleum Hydrocarbons (TPH) as gasoline, diesel, and motor oil; organochlorine pesticides (OCPs); and PCBs, indicated that TPH as diesel and motor oil were detected at 780 mg/kg and 2,200 mg/kg. These concentrations are above the residential ESL of 83 mg/kg for TPH as diesel and 370 mg/kg for TPH as motor oil. Further, the environmental database review for the Phase I assessment was conducted approximately one and half years ago, and additional environmental cases could be identified in the vicinity of the proposed project prior to construction. In addition, the existing building would be demolished and the soil quality beneath these buildings has not been confirmed. Therefore, impacts related to the potential exposure to hazardous materials in the soil are potentially significant. However, this impact would be mitigated to a less -than -significant level with implementation of Mitigation Measures HAZ-la through HAZ-le. Mitigation Measure HAZ-la requires updating the environmental database review within three months of the start of construction to demonstrate whether any new chemical release sites have been identified that could affect soil quality at the proposed project site. Mitigation Measure HAZ-lb requires monitoring of building demolition and soil sampling, if deemed necessary as a result of the updated environmental database review or observations during building demolition, to assess the potential presence of chemicals, Mitigation Measures HAZ-lc and HAZ-Id are further required to reduce impacts related to exposure to hazardous materials in the soil to a less -than -significant level. These measures require implementation of a site health and safety plan and material disposal plan. Mitigation Measure HAZ-le requires preparation of a contingency plan to address previously unidentified contamination, if encountered. Trace concentrations of the organochlorine pesticides dichlorodiphenylethylene (p,p-DDE), dichlorodiphenyltrichloroethane (p,p-DDT), and dieldrin were detected at a depth of 2.0 to 2.5 feet bgs in four locations at the site, at concentrations below the residential CHHSLs and ESLs for these compounds. OCPs detected at the site are likely the result of historical agricultural operations, and do not appear to represent significant hazards for future occupants or site workers. PCBs were not detected in any soil samples collected from the site. AUGUST, 2011 14 MITIGATED NEGATIVE DECLARATION - 16213 Los GATOS BOULEVARD Analytical results of soil gas samples collected from the site indicate that trace concentrations of volatile organic compounds (VOCs) including benzene, toluene, ethylbenzene, and xylenes (BTEX) were detected at all locations. All VOCs are below the residential CHHSLs and the ESLs. Methane was not detected in any soil gas samples collected from the site. Naturally occurring asbestos can be released from serpentinite and ultramafic rocks when the rock is broken or crushed. At the point of release, the asbestos fibers may become airborne, causing air quality and human health hazards. These rocks have been commonly used for unpaved gravel roads, landscaping, fill projects, and other improvement projects in some localities. Asbestos may be released to the atmosphere due to vehicular traffic on unpaved roads, during grading for development projects, and at quarry operations. Serpentinite and/or ultramafic rock are known to be present in 44 of California's 58 counties. The project site is not located in an area where naturally occurring asbestos is likely to be present. Further, analytical results of composite base rock samples collected from the site indicate that trace concentrations of naturally occurring asbestos (NOA) are present within base rock material beneath the asphalt in limited areas of the northern parking lot at the site. Compositesamples 16213-1-2-3-A and 16213-1-2-3-B indicated trace detections of chrysotile-type asbestos, at percentages of 0.25% and less than 0.25%, respectively. Four composite samples collected from the southern parking lot areas of the site indicated no asbestos fibers. Therefore, impacts associated with naturally -occurring asbestos would be less than significant. Potential Exposure to Hazardous Building Materials. The existing building was constructed in the early 1960s. Based on its age, asbestos -containing materials and lead -based paint may have been used in its construction. In addition, fluorescent light tubes containing mercury vapors, fluorescent light ballasts containing PCBs or (2 ethylhexyl) phthalate (DEHP), and PCB -containing electrical equipment may be present in the building. If friable or non -friable asbestos is present, there is a potential for release of airborne asbestos fibers when the asbestos -containing materials are disturbed, unless proper asbestos abatement precautions are taken. Such a release could expose the construction workers and surrounding populations to airborne asbestos fibers. Similarly, if lead -based paint is present and has delaminated or chipped from the surfaces of the building materials, there is a potential for the release of airborne lead particles, unless proper lead abatement procedures are followed. If PCBs are present in the building to be demolished, leakage could expose workers to unacceptable levels of PCBs (greater than 5 parts per million, based on Title 22, California Code of Regulations). Removal of fluorescent light tubes and fixtures could result in exposure to mercury vapors if the lights are broken or exposure to DEHP if present in the light ballasts. Potential exposure to such hazardous building materials during building demolition would be a potentially significant impact, but mitigated to a less -than -significant level with implementation of Mitigation Measure HAG-2, which requires the project applicant to conduct surveys for hazardous building materials prior to demolition, and if warranted, to implement appropriate abatement and disposal procedures in compliance with applicable regulations. In addition, the project applicant will be required to obtain clearance for asbestos removal from the Bay Area Air Quality Management District prior to issuance of a demolition permit, which would also reduce impacts related to asbestos removal to less than significant. Demolition of Facilities Used for Hazardous Materials Storage. In the absence of proper precautions, proposed demolition of the existing auto dealership could disturb hazardous materials currently stored and used which could expose workers, the occupants of the business park and residences, or the public to hazardous materials or result in an accidental release to the environment. However, prior to demolition of the dealership, hazardous materials stored at these locations would be removed and the hazardous materials facilities in these building would be legally closed in accordance with a closure permit from the Santa Clara County Fire Department and demolition of the buildings would not result in a release of hazardous materials that would pose a threat to human health or the environment. AUGUST, 2011 15 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD Prior to demolition, the business owner or project sponsor would prepare a closure plan describing activities that would be conducted to demonstrate that hazardous materials that were stored, dispensed, handled, or used at the facility have been transported, disposed of, or reused in a manner that eliminates the minimizes any threat to public health and safety. The plan would include a description of the size and type of facility to be closed (including a site plan); the chemicals used at the facility; the procedures to be used for decontamination of the facility and equipment (if required) and the proposed method for disposal of all hazardous wastes generated from cleaning operations; planned disposition of hazardous materials and wastes from the facility in accordance with all state and federal laws; and a description of the planned sampling program to demonstrate that the facility has been completely decontaminated. Upon completion of closure, the business owner or project sponsor would be required to submit a post -closure report documenting compliance with the closure plan, confirming appropriate disposition of all hazardous materials, and documentation all sampling conducted, including analytical results. Compliance with these regulatory requirements would ensure that impacts related to exposure to hazardous materials during building demolition would be less than significant. Hazardous Emissions or Use of Acutely Hazardous Materials. Hazardous emissions are toxic air contaminants (TACs) identified by the CARB and the BAAQMD. Extremely hazardous materials are defined by the State of California in Section 25532 (2)(g) of the Health and Safety Code. During project construction, only common hazardous materials such as paints, solvents,, cements, adhesives, and petroleum products (such as asphalt, oil, and fuel) would be used, none of which are considered extremely hazardous materials. As discussed in Section 3, Air Quality, the only toxic air contaminant that would be emitted during construction is diesel particulate matter (DPM). There are three schools located within IA mile of the project site: Green Hills Pre -School (55 feet to the west), Fischer Middle School (500 feet to the west), and Louise Van Meter Elementary School (1,000 feet to the south). As discussed in Section 3d, Exposure of Sensitive Receptors, operation of project -related diesel construction equipment would result in less -than -significant cancer and non -cancer risks on nearby sensitive receptors. Therefore, impacts associated with hazardous emissions within 'A -mile of a school would be less than significant during project construction. There would be no use of extremely hazardous materials or emissions of TACs during project operation. Airports/Airstrips. The nearest airport to the proposed project is San Jose, located more than 7 miles to the north. Therefore, there is no impact associated with safety hazards due to location of the project within 2 miles of a public airport or in the vicinity of a private airstrip. Emergency Plans. The project would not impair or physically interfere with an adopted emergency response or emergency evacuation plan. The project will be required to comply with Fire Department Standard Details and Specifications to ensure adequate emergency access to project buildings by fire engines and ladder trucks (needed to access proposed high-rise structures). Therefore, the project's impact on emergency response would be less than significant. Wildland Fire Hazards. The proposed project site is not located in a fire hazard zone within a local responsibility area or state responsibility area, and is not located in a zone of "Very High Fire Hazard" identified in the 2020 Los Gatos General Plan. Therefore, there is no impact related to risks associated with wildland fires. 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: HAZ-1; Hazardous Materials Removal. The following measures shall be required to reduce public health risks related to removal and disposal of hazardous materials to a less -than -significant level, AUGUST, 2011 16 MITIGATED NEGATIVE DECLARATION — 16213 Los GATOS BOULEVARD 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. A 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 monitor demolition of the existing building and conduct appropriate sampling to assess the presence and extent of chemicals in the soil as needed for all construction activities. Sample analysis shall include total petroleum hydrocarbons as diesel and motor oil and California Title 22 metals at a minimum. If contamination is indicated on the basis of observations during building demolition or 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 notify the regulatory agencies if the concentration of any chemical exceeded its respective environmental screening level or California human health screening level. c. The project sponsor shall require the construction contractor to prepare and implement a site safety plan, based on the results of sampling conducted as specified in Mitigation Measure HAZ-1 b, 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. A copy of the report shall be submitted to the Town. d. The project sponsor shall require the construction contractor to prepare a materials disposal plan, based on the results of historic sampling and sampling conducted as specified in Mitigation Measure HAZ-1 b, 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 submit the plan to the project sponsor for acceptance prior to implementation and a copy shall be submitted to the Town. During construction, excess soil from construction activities shall be stockpiled and sampled to determine the appropriate disposal requirements in accordance with applicable hazardous waste classification and disposal regulations. e. The project sponsor shall require the construction contractor 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 HAZ-lb, the project sponsor should remove and notify the regulatory agencies in the event of a discovered release. The assigned lead agency AUGUST, 2011 17 MITIGATED NEGATIVE DECLARATION - 16213 LOS GATOS BOULEVARD should oversee all aspects of the site investigation and remedial action; and determine the adequacy of the site investigation and remediation activities at the site. HAZ-2: Hazardous Building Materials Removal. 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 prior to demolition of the existing building. 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. Mitigation Monitoring. Prior to. issuance of the grading permit, the Directors of the Parks & Public Works and Community Development Departments shall be responsible for ensuring that these measures are incorporated into plans and contract specifications. 9. Hydrology and Water Quality The project site is located in the urbanized, storm-sewered Los Gatos Boulevard area of Los Gatos, in the Los Gatos Creek watershed. Storm drains in the area discharge into Los Gatos Creek, and this creek flows through Campbell and San Jose, joining Guadalupe River approximately seven miles downstream of the project site. Stream flows ultimately discharge into San Francisco Bay via Alviso Slough. Los Gatos Creek is a Santa Clara Valley Water District (SCVWD) water management facility, and flows into Vasona Reservoir and then several percolation basins in San Jose prior to joining the Guadalupe River, Water Quality. The Federal National Pollutant Discharge Elimination System (NPDES) Program regulates water quality degradation. This program was established by the Clean Water Act to control and reduce pollutants carried to water bodies from point and non -point discharges. In California, the State Water Resources Control Board (SWRCB) administers the NPDES permitting program through nine Regional Water Quality Control Boards (RWQCB). The NPDES permit for the Town of Los Gatos is a permit that is issued to the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), an association of thirteen cities/towns in the Santa Clara Valley (including Los Gatos), Santa Clara County, and the Santa Clara Valley Water District. SCVURPPP participants share a common NPDES permit to discharge stoiniwater to South San Francisco Bay. To reduce pollution in urban runoff to the "maximum" extent practicable, the SCVURPP incorporates regulatory, monitoring, and outreach measures aimed at improving the water quality of South San Francisco Bay and the streams of Santa Clara Valley. The development plans for the project would replace an existing, vacant auto dealership site with new residential uses, i.e. 22 single-family residences. The current site use includes 74,809 s.f. (1.72 ac.) of impervious surface on the 82,854 s.f. (1.90 ac.) property, constituting approximately 90 percent of the site surface. The proposed project would replace this extent of impervious surface area with 47,684 s.f. (1.09 ac.) of new impervious surface. This would represent approximately 57 percent of the total site area, resulting in the reduction of impervious surface area on 32 percent of the site. The reduction of surface flows from the project site would be a beneficial impact on drainage conditions on the property. The construction proposed by the project plans would be a potential source for erosion and downstream sedimentation if soil materials exposed during project construction were accidentally released. Consequently, the project's construction activities would have the potential to degrade local water quality in Los Gatos Creek, As stipulated for Regulated Projects under the NPDES penult provisions, the proposed development would remove and replace more than 10,000 s.f. of impervious area and must implement design, control, and engineered treatment measures. For the purposes of stormwater management and water quality control, project plans include a conceptual stormwater management plan AUGUST, 2011 18 MITIGATED NEGATIVE DECLARATION — 16213 Los GATOS BOULEVARD that identifies proposed pervious and impervious surfaces, disposition of anticipated runoff volumes, and stormwater treatment methods to safeguard water quality in site runoff. The project site was divided into three watershed areas (A, B, and C) for evaluation and implementation of stormwater runoff treatment. Watersheds A and C comprise the western and eastern portions of the project site, while Watershed B extends over the central portion of the site, including the proposed private street that bisects the project site and provides access to Lots 10 through 22. The areas of Lots 1 through 9, and portions of Lot 10 and 16 through 22 (53 percent of site stormwater) would be self -treating, i.e. rooftops would drain into self -retaining pervious surfaces for infiltration of projected treatment flows. The remaining 47 percent of the project site's stormwater would be generated in Watershed B and directed to a pervious media infiltration trench for treatment. As indicated by Sheet C6 of the project plans, this media infiltration trench would receive 2,007 c.f. of runoff from approximately 0.89 acre in area. The filtration trench is designed to accommodate 5,734 c.f. of runoff. The filtration trench would be 148 feet in length and extend along the west side of the private street. In addition to these runoff treatment methods, the project proposes to implement source control measures to limit the generation, discharge, and runoff of pollutants into the storm collection system. These control measures include: ■ All storm inlets would be marked with the words, "No Dumping — Flow to the Bay;" ■ All roof drains would directed to discharge onto splashblocks and away from building foundation to an unpaved area wherever practicable; and ■ Sidewalks, driveways, and streets would be swept regularly to minimize the accumulation of litter and debris. New stormwater treatment regulations become effective December 1, 2011. The new regulations require that each Regulated Project treat 100 percent of the design storm runoff from a project's drainage area with low impact development (LID) treatment measures onsite or at a joint stormwater treatment facility. LID measures include Rainwater Harvesting, Infiltration, Evapotranspiration, and Biotreatment (if prior LID measures are determined to be infeasible). Beginning December 1, 2011, projects submitted for Planning approval that create or replace 10,000 square feet of impervious surface ("Regulated Projects") will be subject to the new LID treatment requirements. Future Architecture and Site approvals for this project will be subject to the LID requirements if approved after December 1, 2011. Projects which disturb one or more acres of soil, or projects which disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity. The project would be required to obtain coverage under the State's General Permit for Storm Water Discharges Associated with Construction Activity. A Notice of Intent must be filed with the RWQCB and the Construction General Permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared. The SWPPP must be consistent with the terms of the Santa Clara Valley Urban Runoff Pollution Prevention Program's recommended best management practices (BMPs) for construction activities. The State Regional Water Quality Control Board implemented a new General Construction Peimuit (Order 2009-0009-DWQ), which became effective July 1, 2010. Implementation of the Town -approved SWPPP and additional monitoring and reporting requirements specified in the General Construction Permit during project construction would ensure that potential construction -related water quality impacts would be less than significant. To ensure compliance with stormwater treatment and disposal requirements, the Town's contract engineering consultant, Eisenberg, Olivieri & Associates (EGA), reviewed drainage and stormwater management plans submitted to the Town. EOA's reviews were conducted on August 10 and December 20 in 2010 and May 27, 2011 (included as Attachment 5 of the Initial Study). The May 2011 review of AUGUST, 2011 19 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD the project submittals for compliance with the Town of Los Gatos' NPDES Pemniit indicated that the conceptual stormwater treatment measures proposed for the project appear to be adequate to meet the Town's NPDES Permit Provision C.3 requirements. The EOA memorandum also makes these recommendations: ■ Responsibility for maintenance of stormwater treatment measures will need to be assigned to a homeowner's association via a maintenance agreement; and ■ As part of HOA agreement, residents should be encouraged to install drought tolerant, native plants, and to minimize over -irrigation and the use of pesticides on the landscaping. Groundwater Resources. The geotechnical investigation at the site by Pacific Geotechnical Engineering did not encounter any free ground water to the maximum depth explored of 39.5 feet below ground surface. Fluctuations in ground water levels occur due to many factors including seasonal fluctuation, underground drainage patterns, seasonal recharge, regional and tidal fluctuations, and other factors. Drainage. Elevations on the site range from approximately 375 feet above mean sea level (MSL) at the southwest corner of the property to a low of about 369 feet at the northeast corner of the property. The site generally consists of an extensive, level area that slopes gently to the northeast. The project site is developed with several structures associated with the former auto dealership and service operations on the project site. Extensive paving for driveway and parking along with these buildings cover approximately 90 percent of the 1.9-acre site. Storm drainage from the site's impervious surfaces is collected in the on - site storm drain system and conveyed to the municipal storm drain system in Los Gatos Boulevard and Roberts Road, adjoining the eastern and northern perimeters of the project site. Presently, runoff flows from the project site are not treated for the removal of urban pollutants and water contaminants. As described above, impervious surfaces on the property cover approximately 1.72 acres of the 1.90-acre property. The proposed project would reduce this extent of impervious surface area to 1.09 acres on the site. This would represent approximately 57 percent of the total site area, resulting in the reduction of impervious surface area on 32 percent of the site. The reduced surface flows from the project site could be accommodated by the existing municipal storm drain facilities located at Los Gatos Boulevard and Roberts Road, and development would have a less -than -significant impact on municipal drainage facilities. Flood Hazards. According to the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map (FIRM) (May 18, 2009) for Los Gatos, the project site is located in Zone X, consisting of areas with 0.2% annual chance of flood, areas of one percent annual chance flood with average depths of less than one foot or with drainage areas less than one square mile, and areas protected by levees from one percent chance flood. The FEMA Flood Zones map (Figure SAF-4) of the 2020 General Plan Safety Element also indicates that the project site is located outside mapped 100-year flood hazard areas. Mapping of dams and dam inundation areas provided by the Safety Element (Figure SAF-5) of the recent updated 2020 General Plan for the Town provides information on areas within the community that may be potentially affected by inundation from dam failure, Based on the review of this and supporting maps, the project site is not in an area designated as a dam failure inundation area. The potential for flooding hazards on the site from storm events and dam failure would be less -than -significant. 10, Land Use and Planning Divide an Established Community. The proposed project would result in the replacement of commercial uses (foiiiier auto dealership/auto repair facility) on the project site with 22 single-family residences. Land uses adjoining the project site include law offices and single-family residences to the south (across Mitchell Avenue), single-family residences and the Green Hills Pre -School to the west (across George Street), the NC Boardshop and the Autobahn Los Gatos independent repair service for BMW and Mercedes-Benz to the north (across Roberts Road), and various commercial uses (including AUGUST, 2011 20 MITIGATED NEGATIVE DECLARATION — 16213 Los GATOS BOULEVARD Los Gatos Auto Mall, Los Gatos Food Store, Allen's Nail & Skin Boutique, and the West Valley Community Services Family Resource Center, House of Hope) to the east (across Los Gatos Boulevard). Given the mix of land uses in the project vicinity, the proposed project would not divide an established community. Project Consistency with Land Use Plans and Policies. The site is currently developed with facilities related to the former auto dealership and auto repair uses, paved parking lots, and landscaping. The project parcel is currently designated by the 2020 General Plan as "Mixed Use Commercial." The Mixed Use Commercial General Plan designation allows for "a mixture of retail, office, residential in a mixed use setting, along with lodging, service, auto -related businesses, non -manufacturing industrial uses, recreational uses and restaurants." While the proposed project does not include a mix of retail, office, and residential uses, the proposed residential use would not conflict with this land use designation for the site and is considered partially consistent. The site is zoned "CH, Restricted Highway Commercial." The CH zone allows retailing, office, service business, and limited manufacturing uses. While residential use would be a conditional use in the CH zone, the project applicant proposes to add a Planned Development (PD) designation (CH:PD), which would allow for development of residential uses. In addition, the General Plan encourages sites larger than 40,000 square feet to be processed as a PD and the Town Council directed staff to process a proposed change in land use from auto dealership to other uses as a PD. Therefore, the proposed addition of the PD zone would be consistent with the General Plan and Town policy. The project site is located within a mix of land use designations specified by the General Plan. The 2020 General Plan designates the properties to the north, east, and southeast of the site as Mixed Use Commercial, while properties to the south and west are designated Medium Density Residential. Based on the General Plan's pattern of commercial and residential land use designations in the project site vicinity, the project site appears to be on the boundary between residential uses to the south and west and commercial uses to the north and east. Therefore, development of solely residential use on the project site would not appear to conflict with the pattern of General Plan land use patterns in the project vicinity. The project site is located within a mix of land use designations specified by the Zoning Ordinance. The Town Zoning Map designates properties to the north and east as CH and C-1 (Neighborhood Commercial) to the southeast. The parcel to the southeast (across Mitchell Avenue) is also designated C- 1, while two residential lots adjoining the site's southern boundary are designated R-1, Single -Family Residential. Parcels to the south and west of these two lots and all lots on the block to the west of the site are designated R-M:5-12, Multiple -Family Residential. The proposed density of the project would be 11.6 units per acre (22 units on 1.9 acres). Existing adjacent single-family residential uses located to the south and west are developed at lower densities of approximately 5 to 6 units per acre. However, both the proposed density and existing surrounding densities would be within the density range allowed in the RM:5-12 zone. Based on the Zoning Ordinance's pattern of commercial and residential land use designations and allowable densities in the project vicinity, the proposed residential use and density would not appear to conflict with existing Zoning Ordinance designations in the site vicinity. Although project's density would be higher than existing residential uses to the south and west (across Mitchell Avenue and George Street), replacement of former auto dealership use with single-family residential uses would increase land use compatibility between the site and adjacent residential areas. The proposed residential project would also generate less traffic than the former auto dealership use (see Section 16, Transportation/Traffic, for more discussion). Proposed location of the project's access road on the eastern portion of the site would also help to reduce the potential for land use compatibility problems by minimizing traffic -related noise increases for residences along Mitchell Avenue and George Street. The project's consistency with CEQA-relevant plans and policies is presented in Table 2 of the Initial Study. The Los Gatos General Plan and its Elements, Commercial Design Guidelines, and Los Gatos AUGUST, 2011 21 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD Boulevard Plan contain goals, policies, and implementation strategies that pertain to future development of the project site. However, Section 15131 of the CEQA Guidelines states that the "economic and social effects of a project shall not be treated as significant effect on the environment." Many of the goals,. policies, and strategies of these plans and guidelines relate to the economic and fiscal well-being of the community as well as architectural design, and are not a subject for discussion in this CEQA document. Only those goals, policies, strategies, and guidelines that could result in a physical environmental change are listed and evaluated in Table 2 of the Initial Study. The proposed project would be consistent with land use goals and policies as evaluated in Table 2 of the Initial Study. Physical impacts resulting from the proposed changes in land uses on the project site are analyzed in the relevant sections of the Initial Study for this project. Other General Plan policies related to community design will be considered separately by Town staff, as part of the Town's project review and approval process. In 1997, the Town completed the Los Gatos Boulevard Plan, which presents the Town's vision for the development of the Los. Gatos Boulevard corridor. The Plan provides land use goals and guidelines for the Los Gatos Boulevard Plan area, and the project site is located at the southernmost end of the area addressed by this Plan. While the Plan does not include specific direction for land use at the project site, the Plan's land use objectives states the following: Land uses will include the following:. open space; community recreation; auto related, regional and neighborhood commercial; retail entertainment; and sufficient housing to support regional transportation centers. These uses will be implemented in such a way to keep the transition from the higher density mixed use area in the north to a mixture of residential and commercial clusters, and then to the existing residential to the south. The section of Los Gatos Boulevard at the project site is currently developed with commercial uses on both sides of the boulevard. Although the proposed residential project would introduce a mix of residential and commercial uses along this section of the boulevard, which would be consistent with the Plan's above -stated land use objective. In addition, project residences would be developed at a higher residential density than existing densities to the south and west, and thus, provide a transition from commercial uses to the north to lower, existing residential densities to the south. Conflict with Habitat Conservation or Natural Community Conservation Plans. The Los Gatos General Plan does not identify any habitat conservation plans or natural community conservation plans that apply to the project site. 11. Mineral Resources The Los Gatos General Plan does not identify any regionally or locally -important mineral resources on the project site or in its vicinity. 12. Noise A detailed Acoustical Assessment was completed by Veneklasen Associates in May 2010, and revised in February 24, 2011 to reflect changes in the site plan and is included in Attachment 6 of the Initial Study. Certain land uses are particularly sensitive to noise, including schools, hospitals, rest homes, long-term medical and mental care facilities, and parks and recreation areas. •Residential areas are also considered noise sensitive, especially during the nighttime hours. Existing sensitive receptors located adjacent to the site include single-family residences and a pre-school. Applicable Noise Guidelines and Standards. The Noise Element of the Los Gatos 2020 General Plan, establishes goals and policies for reducing noise levels in the Town. Policies aimed at reducing noise levels must address specific sources of unwanted noise, as well as noise -sensitive receptors. The Noise Element contains guidelines for use in land use planning to reduce future noise and land use incompatibilities (Figure NOI-1 of the Noise Element). These guidelines define acceptability by land use AUGUST, 2011 22 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD and the following would pertain to proposed single-family residential uses: noise levels up to 60 dBA (LDN or CNEL) are "normally acceptable" while noise levels between 55 and 70 dBA are "conditionally acceptable." Noise levels between 70 dBA and 75 dBA are "normally unacceptable" and noise levels above 75 dBA are "clearly unacceptable" for this use.2 The Noise Element also establishes outdoor noise limits (Table NOI-2 of the Noise Element), which represent long-range community goals for different land use designations within the Town, For residential uses, the goal is 55 dBA (LDN). Policy NOI-2.2 requires that all noise -sensitive developments adjacent to or within an area where noise levels exceed community aspirations include a noise study and recommendations for reducing noise impacts to an acceptable level. Sections 16.20.015 and 16.20.030 (Exterior Noise Levels for Residential and Commercial/Industrial Zones) of the Los Gatos Municipal Code limits noise increases from stationary sources to 6 dBA on residential -zoned property and 8 dBA on commercial and industrial -zoned properties above the noise levels specified for the project site on the ordinance's Noise Zone Map (Map 126), which are as follows: ▪ 6:00 a.m. to 1:00 p.m.: 55 dBA ▪ 1:00 p.m. to 10:00 p.m.: 59 dBA 10:00 p.m. to 6:00 a.m.: 48 dBA Planned development (PD)-zoned properties are allowed to deviate from the above ordinance standards. Noise Compatibility of Proposed Uses. A exterior envelope acoustical design analysis was prepared by Veneklasen Associates in May 2010, and this report was updated in February 2011 to reflect design changes in the proposed project. The updated report is included in Attachment 6 of the Initial Study. As part of this study, two long-term, noise measurements and short-term measurement were taken on the site (locations indicated in Figure 1 of Attachment 6 of the Initial Study). The results of these measurements indicate current on -site noise levels of 68 dBA (LDN)3 adjacent to Los Gatos Boulevard and 57 dBA (LDN) adjacent to George Street. Using these measurements and the FHWA noise model, estimated existing and future noise exposures at project residences are presented in Table 3 of the Initial Study. Los Gatos has established outdoor noise limits, which represent long-range community goals for different land use designations within the town. Table NOI-2, Outdoor Noise Limits, indicates that noise levels of 55 dBA or less (DNL) are the desired noise level for residential uses. When existing and future noise exposures at the site are compared to this noise goal, proposed single-family homes would be subject to existing and future noise levels that exceed the Town's 55-dB (DNL) noise goal. Although the Town's 55-dB (DNL) residential noise goal would not be met at proposed residential uses, the Town's Noise Element (Policy NOI-1.3) states that these noise limits represent the "long range community aspirations" and acknowledges that such goals may not be attainable at this time. Such goals may be more appropriate for residential neighborhoods that are located away from major noise sources (such as freeways or arterial roadways). In areas where the Town's noise goal cannot be met, the. Town 2 Under Normally Acceptable conditions, no special noise insulation requirements are needed. Under Conditionally Acceptable, a detailed noise analysis and needed noise attenuation design measures are required, but conventional construction, but with closed windows and fresh air supply systems or air conditioning will normally suffice. Where noise levels are considered Normally Unacceptable, new construction is generally discouraged but if it proceeds, a detailed noise study and needed noise attenuation design measures are required. 3 Because community receptors are more sensitive to unwanted noise intrusion during the evening and at night, state law requires that, for planning purposes, an artificial decibel (dB) increment be added to quiet time noise levels in a 24-hour noise descriptor called the Community Noise Equivalent Level (CNEL). CNEL adds a 5-dB "penalty" during the evening hours (7:00 p.m. to 10:00 p.m.) and a 10-dB penalty during the night hours (10:00 p.m. to 7:00 a.m.). Another 24-hour noise descriptor, called the day -night noise level (DNL), is similar to CNEL. While both add a 10-dB penalty to all nighttime noise events between 10:00 p.m. and 7:00 a.m., DNL does not add the evening 5-dB penalty. In practice, DNL and CNEL usually differ by less than 1 dB at any given location for transportation noise sources. Both also use the A -weighted dB scale, dBA. AUGUST, 2011 23 MITIGATED NEGATIVE DECLARATION — 16213 Los GATOS BOULEVARD also uses the land use compatibility noise guidelines included in the Town's Noise Element as a criterion for defining significance of a noise impact under CEQA. These noise guidelines define noise limits for single-family residential uses as follows: normally- acceptable up to 60 dB (LDN) in exterior living areas; conditionally acceptable between 55 and 70 dB (LDN); normally unacceptable between 70 and 75 dB (LDN); and clearly unacceptable above 75 dB (LDN). Proposed residences would be subject to noise levels (attributable to traffic along Los Gatos Boulevard) that are considered "conditionally acceptable," a significant noise impact. With implementation of noise reduction measures specified in Mitigation Measure NOI-1, noise levels in exterior living areas and interiors of all proposed residences would be reduced to "normally acceptable" levels and this noise impact would reduced to less -than -significant levels. Project residences located adjacent to Roberts Road would be subject to noise associated with operation of Autobahn Los Gatos, an independent repair service for BMW and Mercedes-Benz, which is located across the street, and there could be a potential for increased noise conflicts depending on the types of noise generated by this auto repair shop, a potentially significant impact. There are several factors that help to minimize the potential for such noise conflicts: The repair shop would only be open during the less noise -sensitive daytime hours. The repair shop could not operate any machinery that would increase the noise levels by more than 8 dBA above the noise level limit specified for this property in the Los Gatos Noise Ordinance. Two of the three homes (Lots #8 and 15) proposed adjacent to Roberts Road would be located adjacent to. the repair shop and they would be oriented perpendicular to this shop so that sideyard fencing would face the existing shop. Such orientation help to reduce the potential for noise disturbance from shop -related noises at these homes' outdoor use areas (backyards). These factors in addition to implementation of Mitigation Measure NOI-1 will ensure that adequate noise attenuation measures will be incorporated into the design of these homes to reduce the potential for noise conflicts with the adjacent auto repair shop to a less -than -significant level. Groundborne Noise and Vibration. Groundborne vibration and noise levels generated by most types of construction activities would not exceed threshold levels for cosmetic damage to structures. While operation of impact or vibration pile drivers or large truck -mounted compactors can generate vibration levels that would disturb neighbors and could result in cosmetic damage to adjacent structures at distances of less than 50 feet, existing structures surrounding the site are more than 50 feet from site boundaries (across the street from the site). Therefore, impacts associated with groundborne vibration and noise are expected to be less than significant. In addition, operation of such equipment as part of project construction is not expected to be required and not proposed to be used during project construction. Long-term Noise Increases. For purposes of determining the significance of project -related traffic noise increases, the significance thresholds contained in the 2020 General Plan EIR (Table 4.10-8 of the General Plan EIR and Town's exterior noise limits) are applied and they are as follows: e Ambient Noise Levels Below 60 dBA (DNL or CNEL): 5 dBA or more noise increase would. be significant. • Ambient Noise Levels Between 60 dBA and 65 dBA (DNL or CNEL): 3 dBA or more increase would be significant. ▪ Ambient Noise Levels Above 65 dBA (DNL or CNEL): 1.5 dBA or more increase would be significant. Project implementation would result in traffic -related noise increases on adjacent streets (Mitchell Avenue, George Street, and Roberts Road) when compared to existing conditions (vacant site), but less traffic noise overall than occurred during operation of the former auto dealership and repair shop uses, AUGUST, 2011 24 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD which generated noise from truck deliveries and higher traffic volumes. Based on the estimated distribution of project traffic and the locations of project driveways, it is estimated that the project would generate up to approximately 70 trips per day on George Street, 40 to 50 trips per day on Mitchell Avenue (west of its intersection with the private street), 50 trips per day on the section of Roberts Road between George Street and the private street, approximately 20 to 25 trips per day on Roberts Road west of George Street, 50 trips per day on the east end of Mitchell and 190 trips per day on the east end Roberts Road (both east of the private street).4 Such traffic volumes would generate noise levels of up to approximately 44 and 48 dBA (LDN) at 50 feet along Mitchell Avenue (between Los Gatos Boulevard and George Street), George Street (between Mitchell Avenue and Roberts Road), and Roberts Road (west of the proposed private street). Estimated project traffic volumes on the east end of Roberts Road would generate slightly higher traffic noise levels of 52 dBA (LDN) at 50 feet. As indicated above, existing ambient noise levels were measured to be 57 dBA (LDN) adjacent to George Street and 68 dBA (LDN) adjacent to Los Gatos Boulevard). When project -related traffic noise levels of 44 to 48 dBA (LDN) are added to existing ambient noise levels, project -related traffic increases along Mitchell Avenue, George Street, and Roberts Road would increase noise levels by Less than 1 dBA. Since the affected sections of these streets are subject to ambient noise levels below 65 dBA (LDN) based on noise measurements taken at the site, such noise increases would be less than significant when compared to significance thresholds presented above. In addition, the project would likely result in a decrease in traffic noise along these streets when compared to traffic noise levels generated by the former auto dealership use. Commercial uses are located at the east ends of both Mitchell Avenue and Roberts Road, and they would not be significantly affected by project -related traffic noise increases on the sections of these streets located between the proposed private street and Los Gatos Boulevard. Short -Term Noise Increases. Project construction would result in temporary short-term noise increases due to the operation of heavy equipment. Construction noise sources range from about 76 to 85 dBA5 at 50 feet for most types of construction equipment with slightly higher levels of about 88 to 91 dBA at 50 feet for certain types of earthmoving and impact equipment. If noise controls are installed on construction equipment, the noise levels could be -reduced by 1 to 16 dBA, depending on the type of equipment. The potential for construction -related noise increases to adversely affect nearby residential receptors would depend on the location and proximity of construction activities to these receptors. The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends and holidays. This ordinance also limits noise generation to 85 dBA at the property line or 85 dBA at 25 feet. The adjacent Green Hills pre-school buildings are located a minimum of 80 feet from the project site, while the closest single-family residences are located 70 feet from project site boundaries. Construction equipment is expected to operate at least 70 feet from adjacent uses most of the time. At 70 feet, the ordinance noise limit would result in maximum noise levels of 76 dBA at the closest residences. Temporary disturbance (e.g., speech interference) can occur if the noise level in the interior of a building exceeds 45 to 60 dBA.6 To maintain 4 Daily traffic volume increases are based on the proposed number of homes with direct driveway access to adjacent streets and project trip distribution estimates of Hexagon Transportation Consultants (see Attachment 7 of the Initial Study) of approximately 10 percent west on Roberts Road, 70 percent north on Los Gatos Boulevard, and 20 percent south on Los Gatos Boulevard. 5 Environmental noise is measured in units of dBA. The dBA, or A -weighted decibel, refers to a scale of noise measurement that approximates the range of sensitivity of the human ear to sounds of different frequencies. 6 In indoor noise environments, the highest noise level that permits relaxed conversation with 100% intelligibility throughout the room is 45 dBA. Speech interference is considered to become intolerable when normal conversation is precluded at 3 feet, which occurs when background noise levels exceed 60 dBA (U.S. Environmental Protection Agency, Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety (Condensed Version), 1974). AUGUST,2011 25 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD such interior noise levels, exterior noise levels at the closest residences (with windows closed) should not exceed 70 to 80 dBA and this exterior noise level is used as a significance threshold or criterion. Since construction noise levels could be maintained below 80 dBA most of the time, enforcement of time restrictions and noise level standards contained in the Town Noise Ordinance would be adequate to maintain construction -related noise at less -than -significant levels. Approximately 180 haul/delivery truck trips over a two -month period would be generated over approximately two months, averaging 4.5 trucks per day. A Traffic Control Plan will be required to be implemented (TRA-la and TRA-lb), and truck routes will be specified in this plan to minimize potential truck noise impacts on residents. Airport -Related Issues. The project site is not located within an airport land use plan. There is no public airport, public use airport, or private airstrip located within the Town's boundaries or within two miles of the project site. The proposed project would not expose people residing or working in the area to excessive noise levels. Therefore, there would be no airport -related noise impact. Mitigation Measures — Noise and Vibration (NOI). To reduce the significant noise impacts identified above for the senior apartments and single-family residences, the following noise attenuation measures will be incorporated into the project design to ensure that acceptable interior noise levels are achieved, reducing identified impacts to a less -than -significant level: NOI-1: Implement Acoustical Report Recommendations. The recommendations of the Veneklasen Associates acoustical study (February 24, 2011) shall be incorporated into the final design for the proposed project during Architecture and Site review (Attachment 6 of the Initial Study). These recommendations specify design requirements for. ■ Noise barriers to achieve both the Town's long-term noise goal of 55 dBA (LDN) and/or Town noise guideline of 60 dBA (LDN). ■ Walls, glazing, and mechanical ventilation to achieve the Town's interior noise standard of 45 dBA (LDN). Additional noise attenuation measures shall be incorporated into the design of Lots 8, 15, and 22 as necessary to minimize the potential for noise conflicts between project residents and the adjacent auto repair shop. • Mitigation Monitoring. Prior to Grading Permit issuance, the Directors of the Community Development and Parks and Public Works Departments shall be responsible for ensuring that these noise control measures are incorporated into project plans and properly implemented during construction. 13. Population and Housing Growth -Inducement Impacts. A detailed evaluation of the population and housing conditions in the San Francisco Bay area, including the Town of Los Gatos, has been prepared by the Association of Bay Area Governments (ABAG) as part of its Projections 2009 assessment of population, housing, and employment for the region. This ABAG report serves as a basis for the formulation of the Town's 2007 — 2014 Housing Element. ABAG's Projections 2001 provided the background data used for the Town's 2002 — 2007 Housing Element. The 2007 — 2014 Housing Element and its supporting technical analyses are incorporated herein by reference. As discussed in the Housing Element, regional governments are required by State law to estimate and allocate the number of housing units needed among each member community. This estimated number of housing units is called the Regional Housing Needs Allocation (RHNA) and is broken down by income level with the goal of fairly distributing affordable housing throughout the region. The Town of Los Gatos is located in Santa Clara County, one of the nine Bay Area counties that are represented by ABAG. ABAG estimates the total RHNA for Los Gatos to be 562 housing units for the planning period starting July 1, 2007 and ending June 30, 2014. The RHNA number presented in the Housing Element was AUGUST, 2011 26 MITIGATED NEGATIVE DECLARATION - 16213 LOS GATOS BOULEVARD adjusted to account for residential units built, under construction, or approved since 2007. The adjusted RHNA is currently 521 dwelling units. The technical study prepared in support of the Housing Element includes an inventory and analysis of land available for potential use in residential development, either entirely as residential or as part of a mixed -use project. The study identifies seven sites, including the proposed project site as potential locations for new residential uses. It should be noted that most of the candidate sites have been previously developed with other uses and would be converted to residential or mixed uses, The technical study indicates that the seven sites have a realistic development capacity of 611 dwelling units. This capacity exceeds the ABAG-identified RHNA, as adjusted, by 90 units. Consequently, the Town has sufficient available sites to meet its share of allocated regional housing demand for the planning period of 2007 to 2014. The proposed development of the project site includes residential use that is incorporated into the residential land inventory used for the 2007 — 2014 Housing Element. The Element's technical appendix provides a discussion of the residential uses planned for this site (South Bay Honda) and identifies a "realistic development capacity" of 28 units. To the extent that the proposed project contributes additional residential uses to the anticipated housing needs within the community through 2014, the project would be consistent with the level of growth planned for Los Gatos through 2014. Since the proposed project would replace an auto dealership with 22 single-family homes, the project would increase the Town's population. The proposed project could generate approximately 53 additional residents. The project's addition of 53 persons would represent a 0.1% increase over the Town's 2008 population of 28,813. ABAG projects that Los Gatos' population will increase to 30,000 by 2020, a growth rate of 1 percent that would be consistent with the growth rate of the past 30 years. Therefore, project -related increases in population would not represent a significant increase in local or regional population. The project would not otherwise be considered growth -inducing since the project would involve redevelopment of an existing developed parcel and the project would not extend roads or infrastructure to any adjacent properties. The General Plan encourages redevelopment of the project site since it designates the project site and properties to the north and east as Mixed Use Commercial. Although the project helps to fulfill the Town's desire for redevelopment of this area as indicated by the General Plan, the residential project is only partially consistent with the economic -related General Plan and Los Gatos Boulevard Plan goals and policies for the site since it does not contain a mix of uses. Displacement of Housing or Residents. The project site presently contains one commercial building and provides no residential uses. While project development would entail the demolition of site structures, no housing or residents would be displaced from the project site. Rather, the project would provide new residential uses on the project site to serve the community's future housing needs. 14. Public Services Services are currently provided to the project site as well as to adjacent commercial and residential uses. No significant increase in demand on public safety services is expected to be required for the proposed project since services were previously provided to the fouuner auto dealership use on the site. The Santa Clara County Fire Department has reviewed the project plans for site access and water supply, and the project will be required to meet Department requirements for minimum fire flow (1,000 gallons per minute (gpm) at 20 psi), automatic fire sprinklers, hydrant spacing/location (including three private on -site hydrants), building access requirements, etc. The project will be required to install an automatic fire sprinkler system, appropriate fire lane marking, and fire department emergency access key lock box. Adequate fire apparatus (engine) access will need to be provided on any access roads, which includes 20- foot pavement width, a minimum turning radius of 36 feet outside and 23 feet inside, and a maximum AUGUST, 2011 27 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD slope of 15 percent. The Fire Department also requires potable water supplies to be protected from contamination caused by fire protection water supplies. The proposed plan will be subject to formal plan review by the Santa Clara County Fire Department to determine compliance with adopted model codes. The project would increase Town population by 0.5%, which would incrementally increase demand for recreational facilities, The project's potential impact on the demand for recreational facilities is discussed in Section 15, Recreation, below. Based upon population growth estimates in Projections 2009 from the Association of Bay Area Governments (ABAG), the project would add approximately 14 new students to the Los Gatos Union School District and Los Gatos -Saratoga High School District. Project students would attend Louise Van Meter Elementary School, Fisher Middle School, and Los Gatos High School. The District is currently operating at or near capacity at all of the downtown schools and proposed development would result in the need for new classrooms. The District plans to use funds from an approved bond initiative (Measure E) to fund new facilities that would accommodate some of the new growth in student population. To offset potential additional service costs for enrolling new students from the proposed project, the Los Gatos Union School District and Los Gatos -Saratoga High School District will charge the project applicant impact fees based on the size of new homes (per square foot basis) and by supplemental parcel taxes on the new residential parcels. Payment of impact fees and supplemental taxes would mitigate the project's impacts on school services to a less -than -significant level, and therefore, its incremental contribution to cumulative impacts on these schools and the school districts overall would not be cumulatively considerable.? 15. Recreation Demand for Recreational Facilities. The proposed net addition of 22 single-family residences would increase local population, and thereby incrementally increase demand for recreational facilities, Private open space associated with the 22 single-family residences would be provided as backyards and sideyards for all units. Nearby recreational facilities include Louise Van Meter Elementary School (0.1 mile to the south), Los Gatos High School (one mile to the southwest), and Vasona Park (0.5 mile to the west). The project's incremental increase in demand for recreational facilities is considered to be less than significant given the project's proximity to existing recreational facilities, and proposed provision of private open space on the project site. Impacts Related to Construction of Recreational Facilities. No specific recreational facilities are proposed as part of the project. Therefore, no impacts related to the construction any recreational facilities would occur as part of project construction. 16. Transportation/Traffic The Town's Traffic Impact Policy (Resolution 1991-174) requires preparation of a detailed traffic study for any project with the potential to generate 20 or more additional AM or PM peak hour trips. The proposed project would result in a net decrease in AM peak hour traffic and a net increase of 3 trips during the PM peak hour when compared to the former auto repair shop.8 According to the Town's traffic Pursuant to Section 65996(3)(h) of the California Government Code, payment of these fees "is deemed to be full and complete mitigation of impacts of any legislative or adjudicative act, or both, involving but not limited to, the planning, use, or development of real property, or any change in government organization or reorganization." 8 CEQA Section 15125 requires that existing conditions be described at the time the NOP is published or if one is not published at the time the environmental analysis commences. At the time technical studies associated with this environmental review commenced, the auto repair shop was in operation. Therefore, the existing or baseline condition is considered to be the condition occurring at the time the auto repair shop was in operation and impact significance determinations are based on a comparison of project impacts to this baseline condition. However, during the period when the Initial Study was prepared and completed, the AUGUST,2011 28 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD determination, traffic generated by the proposed project would represent a minor impact and no additional traffic studies were required by the Town. However, the applicant retained Hexagon Transportation Consultants, Inc. to complete a traffic operations analysis for the proposed project, and the Town's contract transportation engineering film, TJKM Transportation Consultants, completed a peer review of the Hexagon analysis. The Hexagon traffic operations analysis, TJKM peer review, and subsequent updates by Hexagon are included as Attachment 7 of Initial Study. Impacts on the Circulation System and Conflicts with Congestion Management Program - Intersection Operations. The Hexagon traffic study evaluated the project's impact at two study intersections: Los Gatos Boulevard/ Roberts Road/ Shannon Road and Roberts Road/Blossom Hill Road. The significance thresholds established for the Town of Los Gatos have been applied in this analysis and these are outlined in the Transportation Element of the 2020 General Plan. Policy TRA-3.5 states that new projects shall not cause the Ievel of service for intersections to drop more than one level if it is at Level of Service (LOS) A, B, or C and not drop at all if it is at LOS D or below. As indicated in the Transportation Element, neither study intersection is in the Santa Clara Valley's Congestion Management Program, and therefore, CMP performance standards were not applied. Trip Generation. Based on the estimated trip generation for proposed uses (22 single-family homes), the project would generate approximately 17 AM peak hour trips, 22 PM peak hour trips, and 19 trips during the afternoon peak hour when schools get out (school PM peak hour). According to Hexagon, when compared to trip generation associated with the former auto dealership, the proposed project would generate 21 fewer trips during the AM peak hour, 26 fewer trips during the PM peak hour, and 22 fewer trips during the school PM peak hour. When compared to the auto repair shop, the project would generate 12 fewer trips during the AM peak hour, 3 more trips during the PM peak hour, and 9 more trips during the school PM peak hour. Project -related Traffic Impacts. When the auto repair shop was operating at the project site, both study intersections operated acceptably during the AM and PM peak hours at Level of Service (LOS) B or C. With the proposed project (net traffic changes when compared to the auto repair shop), both the study intersections would continue to operate at the same acceptable levels of service (LOS B or C) at these two intersections during the AM, PM, and school PM peak hours. Therefore, the project's impact on intersection operations in the project vicinity would be less than significant. For informational purposes, when the project's full trip generation (17 AM peak hour trips, 22 PM peak hour trips, and 19 trips during the school PM peak hour) is considered, service level designations at the two study intersections would not change and the project's impact would be less than significant. The Hexagon study noted that long queues on Roberts Road occur for approximately 15 to 20 minutes before and after school. Long queues were also noted in the eastbound direction on Blossom Hill Road, approaching Roberts Road during school peak hours. Queuing was observed only for a short duration of approximately 15 minutes before the, school: started and 15 minutes after the school ended. Increased pedestrian activity was also observed during the peak 15 minutes of the school AM and PM peak hours. During all other times of the day, both pedestrian and vehicle activities are light on Roberts Road. Hexagon completed a left -turn queuing analysis for the 95th percentile queue. This analysis determined that there is currently overflow demand in the eastbound left -turn lane on the Roberts Road approach to Los Gatos Boulevard during the AM, PM and school PM peak hours. With the proposed project (net traffic changes when compared to the auto repair shop), the 95th percentile queue lengths would not change. Therefore, the proposed project would have a less -than -significant impact on school -related queues on Roberts Road. For informational purposes, when the project's full trip generation (17 AM peak auto repair shop closed. Therefore, for informational purposes, this report also identifies project impacts when compared to this condition (vacant site), which, as indicated below, would not change the significance determinations. AUGUST, 2011 29 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD hour trips, 22 PM peak hour trips, and 19 trips during the school PM peak hour) is considered, the 95th percentile queue lengths also would not change. Cumulative Traffic Impacts. There are four auto dealership sites located on Los Gatos Boulevard and Blossom Hill Road that are currently vacant (former Los Gatos Chevrolet at 15600 Los Gatos Boulevard, Swanson Ford at 16005 Los Gatos Boulevard, South Bay Honda at 16213 Los Gatos Boulevard, and Bentley Silicon Valley at 620 Blossom Hill Road). In addition, there are a number of other proposed and approved projects in the Town (see Section 18b, Cumulative Impacts, for a list of these projects) and these were included in the cumulative traffic analysis. Hexagon evaluated service level operation of the two study intersections assuming that all four vacant dealerships were redeveloped as mixed use retail projects. When traffic increases associated with such cumulative development are added to Existing + Project Conditions, the two study intersections would operate acceptably and at essentially the same levels of service as under Existing + Project Conditions, LOS C or better during the AM peak hour, PM peak hour, and school PM peak hour. Therefore, the project's contribution9 to cumulative impacts on service level operation at local intersections would be less than cumulatively considerable, a less -than - significant impact. For informational purposes, when the project's full trip generation (17 AM peak hour trips, 22 PM peak hour trips, and 19 trips during the school PM peak hour) is considered, the two study intersections would operate acceptably and at essentially the same levels of service as with net project trip generation. Air Traffic Patterns. The project site is not located within an airport land use plan, nor is there a public airport, public use airport, or private airstrip located in the project vicinity. Therefore, the project would have no impact on air traffic patterns, would not directly increase air traffic levels, nor would there be any change in location that results in substantial safety risks. Traffic Safety Hazards. Project inbound traffic from the south on Los Gatos Boulevard would have an existing left -turn pocket on Los Gatos Boulevard to turn onto Mitchell Avenue. Although the outbound left turns from Mitchell Avenue to Los Gatos Boulevard is not restricted, the project's outbound traffic could face delays during peak times. Traffic wanting to go north on Los Gatos Boulevard could travel to Roberts Road (via the private street or George Street) and use the signal at Los Gatos Boulevard/Roberts Road intersection. The project can be accessed from the east on Shannon Road via Los Gatos Boulevard to Mitchell Avenue or via Los Gatos Boulevard to Roberts Road to George Street to Mitchell Avenue. Access to the site is currently provided by eight driveways: two on Mitchell Avenue, three on George Street, one on Roberts Road, and two on Los Gatos Boulevard. The driveway on Roberts Road and Los Gatos Boulevard as well as the two easterly driveways on George Street provided access to the auto dealership's customer service area and the more recent auto repair shop. The westerly driveway on Los Gatos Boulevard, two driveways on Mitchell Avenue, and westerly driveway on George Street provided access toparkingareas or restricted/gated service areas behind (south of) the dealership building. Project implementation would convert the one driveway on Roberts Road to an intersection with the project's private street. The two driveways on Mitchell Avenue would be replaced with the private street intersection and three private driveways. The three driveways on George Street would be replaced with seven private driveways. All proposed homes internal to the site and adjacent to Los Gatos Boulevard 12 homes) would have driveways on the proposed private street. No project driveways are proposed off of Los Gatos Boulevard or Roberts Road, and elimination of these existing driveways on these two streets would have the following beneficial effects: 9 Under both project trip generation scenarios: (1) net traffic changes when compared to the auto repair shop, and (2) full trip generation (17 AM peak hour trips, 22 PM peak hour trips, and 19 trips during the school PM peak hour). AUGUST, 2011 J0 MITIGATED NEGATIVE DECLARATION — 16213 LoS GATOS BOULEVARD ■ The project would eliminate the existing driveway along Los Gatos Boulevard, which created an awkward leg at the Los Gatos Boulevard/Shannon Road intersection. Benefits would include increased safety and improved traffic flow in the southbound direction of Los Gatos Boulevard. ■ The project would eliminate the existing driveway along Roberts Road, which would provide additional stacking distance for eastbound left- and right- turning vehicles on the Roberts Road approach to the Roberts Road/Los Gatos Boulevard intersection. Project implementation would increase the number of private driveways along Mitchell Avenue and George Street from 5 to 11. Such an increase would reduce the number of on -street parking spaces available along George Street and Mitchell Avenue from approximately 21 spaces to 11 spaces (48 percent reduction) or from about 28 spaces to 16 spaces (43 percent reduction) when Roberts Road is also considered. Despite this reduction in on -street spaces, adjacent commercial uses and the pre-school have off-street parking lots and available on -street parking along their property frontages. Existing residences located across the street from the site have private driveways, garages, and/or on -street spaces available in front of their homes. Also, the project would provide more than the number of on -site spaces required by Town Code. The project proposes to construct bulb -outs at the Mitchell Avenue/Los Gatos Boulevard, Mitchell Avenue/George Street, and George Street/Roberts Road intersections. These bulb -outs would have the benefit of tightening the corner curb radii, which slows traffic. They also would help pedestrians by reducing crossing distances. The bulb outs would need to be landscaped in accordance with Town of Los Gatos guidelines to ensure that adequate corner sight distance is maintained. Parking.. The Town Code would require provision of two spaces for each single-family residential unit. A total of 86 parking spaces would be provided: 44 garage (covered) spaces for 22 single-family units, 26 driveway guest spaces (plus additional spaces along the longer driveways on George Street), and 16 on - street (off -site) guest spaces along the site's frontage on Roberts Road, George Street, and Mitchell Avenue. No parking spaces are proposed along the private street proposed on -site. The proposed number of parking spaces would meet Town Code requirements. Construction Traffic. The proposed conceptual grading plan indicates that approximately 1,075 cubic yards would be imported and 283 cubic yards would be hauled off -site, generating approximately 90 truckloads for delivery of imported fill and 24 truckloads for off -haul over approximately two months. Assuming trucks delivering imported fill would also be used for off -haul, approximately 180 truck trips would be generated during a two -month period, which averages 4.5 truck trips per day. If the nearby elementary and junior high schools are in session, project -related truck traffic increases on Main Street during the two -month off -haul period could increase existing traffic queues on Roberts Road and Los Gatos Boulevard during the school PM peak period, a temporary significant impact. With implementation of a traffic control plan that restricts truck operations during the school's peak periods (Mitigation Measure TRA-la and TRA-lb), this temporary impact would be reduced to a less -than - significant level. There have also been a number of development projects under construction or approved for construction along the Los Gatos Boulevard -Main Street corridor and there is a potential for cumulative traffic impacts if construction schedules of any of these projects overlap. There could be significant, but temporary cumulative contributions to localized traffic congestion problems during the PM peak hour (including school PM peak) if construction -related truck traffic associated with the proposed project coincided with construction -related truck traffic from other approved projects that are under construction at the same time and using the same haul/delivery routes. This temporary impact would be reduced to a less -than - significant level with required coordination with scheduled peak truck delivery and haul traffic associated with other approved projects located along the project's haul route (Mitigation Measure TRA-lc). AUGUST,2011 31 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD Emergency Access. The project site has frontage on four public streets: Los Gatos Boulevard, Mitchell Avenue, George Street, and Roberts Road. The project includes development of a private street that would bisect the site. Direct emergency access to project residences would be available from these streets. Therefore, public safety impacts associated with emergency access would be less than significant. Conflicts with Alternative Transportation (Pedestrian, Bicycle, and Transit Access). At present, there are sidewalks along both sides of Los Gatos Boulevard in the project vicinity and these sidewalks would be sufficient to handle project -related pedestrian traffic. In addition, sidewalks on Mitchell Avenue, George Street, and Roberts Road would be reconstructed per Town standards, ensuring continued pedestrian access around the project site after project construction is complete. Currently, there are striped bicycle lanes along Los Gatos Boulevard and Blossom Hill Road in the project vicinity. The project is not expected to generate a significant volume of bicycle traffic, and therefore, no significant impacts on roadway or bike lane capacities are expected. Based on field observations, Santa Clara Valley Transportation Authority (VTA) Bus Line 49 runs along Los Gatos Boulevard in the vicinity of the site. There is a bus stops for Line 49 adjacent to the project site. The VTA reviewed project plans and recommended that the Town require that this bus stop be maintained at this location and also recommended provision of a bus duckout per their specifications. A bus duckout was incorporated into current project plans and the proposed design was reviewed by the VTA and the VTA indicated are generally consistent with VTA design standards. They requested that the sidewalk be at least eight feet wide adjacent to the bus stop area and the proposed plan meets this requirement. The project is not expected to have a significant impact on transit ridership levels. Mitigation Measures — Transportation/Traffic (TRA). To reduce temporary significant impacts associated with haul and delivery trucks to a less -than -significant level, the following measure shall be implemented during project construction: TRA-I: Traffic Control Plan. The project applicant shall work with the Engineering Division of the Parks and Public Works Department and affected school districts to develop a Traffic Control Plan and School Traffic Control Plan that shall be incorporated into the contract specifications, and these plans will include, but not be limited to, the following measures: a. Construction truck traffic shall only be allowed on Los Gatos Boulevard between 9:00 a.m. and 4:00 p.m., Monday through Friday. When schools are in session, the Town will prohibit truck operations on Los Gatos Boulevard in the site vicinity between 2:15 p.m. and 2:45 p.m. to allow school -related traffic to dissipate from Los Gatos Boulevard, Roberts Road, and the immediate vicinity. b. Haul and delivery trucks shall be required to use Los Gatos Boulevard and the Lark Avenue interchange to access the SR 17 freeway, and they shall not be allowed to use the freeway ramps on Santa Cruz Avenue to access the SR 17 freeway during the AM peak, PM peak, or school AM or PM peak hours. Haul and delivery trucks shall avoid residential streets to the maximum extent feasible. c. The traffic control plan shall also include a provision that requires coordination with the scheduled peak truck delivery and haul traffic associated with other approved projects that are located along the project's haul route. Mitigation Monitoring. The Directors of the Community Development and Parks and Public Works Departments shall be responsible for ensuring that the Traffic Control Plan is properly implemented during construction. AUGUST, 2011 32 MITIGATED NEGATIVE DECLARATION — 16213 Los GATOS BOULEVARD 17. Utilities and Service Systems Wastewater Facilities and Service. The West Valley Sanitation District (WVSD) provides wastewater collection and disposal services for the cities of Campbell, Los Gatos, Monte Sereno, much of Saratoga and some unincorporated areas of the county within the district boundary. WVSD serves approximately 112,000 persons, including the entire population of the Town of Los Gatos. The WVSD's system within the Town of Los Gatos consists of gravity mains ranging from 6 inches to 27 inches in diameter. The collection system flows north, exiting the Town limits through multiple trunk sewers. These systems continue to the north through the City of San Jose trunk sewers and ultimately to the San Jose/Santa Clara Water Pollution Control Plant in Alviso. The San Jose/Santa Clara Water Pollution Control Plant treats the wastewater of approximately 1,500,000 people that live and work in the 300-square-mile area encompassing the cities of San Jose, Santa Clara, Milpitas, Campbell, Cupertino, Los Gatos, Saratoga and Monte Sereno. The plant has the capacity to treat 167 million gallons of wastewater per day (mgd) utilizing an advanced, tertiary wastewater system. Most of the final treated water from the Plant is discharged as fresh water through Artesian Slough and into South San Francisco Bay. About 10 percent is recycled through South Bay Water Recycling pipelines for landscaping, agricultural irrigation, and industrial needs around the South Bay. The WVSD has a contract with the City of San Jose for a percentage of the capacity of their sewage treatment facilities. In return, the contract requires the WVSD to pay its share of debt service, operation, maintenance and improvement costs. There are approximately 8,419 connections for single-family residential uses, 3,188 connections for multi -family uses, 756 connections for commercial/industrial uses for a total of 12,363 connections in the Town of Los Gatos. The WVSD has a fixed allocation of the San Jose/Santa Clara Water Pollution Control Plant, which was 13.052 mgd in fiscal year (FY) 2004-2005. In FY 2004-2005, the WVSD collected and conveyed 10.675 mgd of wastewater to the treatment plant, which was far less than its allocated capacity. Because of the excess capacity, the WVSD sold 1.0 mgd of treatment plant capacity to the City of Milpitas in 2006 and now has the capacity for 12.052 mgd. In FY 2009-2010, the WVSD collected and conveyed 10.417 mgd, a decrease from the 2004-2005 wastewater flow levels, and below the contracted capacity of 12.052 mgd. There are existing sanitary sewer lines in public streets surrounding the project site. There are sanitary sewer lines located in all streets surrounding the site, and project homes would connect to these facilities either directly (via sewer laterals extending from hoines fronting on George Street and Mitchell Avenue) or indirectly (via a new sanitary sewer line that is proposed to extend along the proposed private street). This new sanitary sewer line would connect to the existing sanitary sewer line in Mitchell Avenue. The WVSD has indicated that its staff has reviewed the proposed preliminary Tentative Map. Sanitary sewer service is available from any one of the sewer lines in Roberts Road, Mitchell Avenue, and Los Gatos Boulevard. Based upon the information submitted, the WVSD will require the proposed, privately - maintained sewer system to be designed and constructed to WVSD standards, with all applicable fees paid prior to the recording of the Final Tract Map. Using the 2020 General Plan's estimated wastewater generation rate of 121 gallons per unit per day for residential uses, the project's 22 new single-family residences would generate an additional 2,662 gallons per day, although the net increase would be lower when the former auto -related use of the site is considered. Based upon wastewater treatment plant allocations for the WVSD as described above, the District has adequate collection facilities and treatment capacity to accommodate wastewater flows from the proposed residential development. Therefore, the project's impact on wastewater service would be less than significant. Water Facilities and Service. Water service to the project area is provided by the San Jose Water Company (SJWC). The SJWC supplies domestic water to Los Gatos, Monte Sereno, San Jose, Campbell, AUGUST, 2011 33 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD Saratoga, and Cupertino. Water supply sources include ground water, mountain surface water, imported surface water, and the Cupertino Water System. Groundwater is pumped from over 100 wells that draw water from the Santa Clara Groundwater Basin. During 2000, groundwater pumped.from deep wells was approximately 39 percent of SJWC's supply. Surface water imported from the Sacramento -San Joaquin Delta and purchased from the SCVWD comprises 51 percent of SJWC's supply. A smaller portion is impounded in local reservoirs in Santa Clara County. Local surface water from the watershed in the Santa Cruz Mountains is 10 percent of SJWC's supply. Until recently, the San Jose Water Company (SJWC) provided water service to previous auto -related uses on the project site. The SJWC currently provides water service to residential and commercial uses surrounding the site. There are water distribution lines located in all streets surrounding the site, and project homes would connect to these facilities either directly (via water lines extending from homes fronting on George Street and Mitchell Avenue) or indirectly (via a new water distribution line that is proposed to extend along the proposed private street), This new line would connect to an existing water line in Mitchell Avenue. SJWC indicates that a fire flow of 1,500 gpm can be made available at this site, which would meet the minimum fire flow of 1,000 gpm required by the Santa Clara County Fire Department. Stormwater Drainage Facilities. There are existing storm drain facilities on and adjacent to the site, but the concept for the proposed storm drain system would be to reduce impervious surfaces and increase infiltration, thereby reducing stormwater runoff volumes. Proposed storm drainage facilities are discussed above in more detail under Section 9, Hydrology and Water Quality. Solid Waste. The West Valley Collection & Recycling, LLC (WVCR) is the exclusive recycling, green waste, and garbage hauler for the Town of Los Gatos, the cities of Campbell, Monte Sereno, and Saratoga and unincorporated Santa Clara County. All recycling, green waste, and garbage are picked up by WVCR and transported directly to the Guadalupe Landfill, located in the City of San Jose. The Guadalupe Landfill is a Class III solid waste landfill. The total permitted capacity of the landfill is 16.5 million cubic yards. As of the end of 2008, the landfill has used approximately 4.8 million cubic yards or 29 percent of its capacity. The projected capacity remaining as of the end of 2008 is 11.7 million cubic yards. Currently, the landfill is expected to reach its capacity in 2031. During April, May, and June of 2008, the Town of Los Gatos generated 9,586 tons of solid waste, of which 4,498 tons were diverted through recycling or as yard trimmings. In 2007, the landfill accepted 21,302 tons of solid waste from the Town. WVCR provides single stream recycling to single-family and multi -family residents as well as commercial customers. Single stream recycling means all recyclables are placed in a single bin and do not need to be sorted based on the material type (i.e. paper, plastic, metal, etc.). All recyclable materials are sorted at WVCR's Materials Recovery Facility (MRF) in the City of San Jose. WVCR also collects green waste, or yard trimmings, from residential customers. The green waste is taken to the Guadalupe Landfill. The 2020 General Plan EIR provides estimates of solid waste generation for new development within Los Gatos over the next 10 years. Using the General Plan's estimated generation rate of 12.23 pounds per unit per day for residential land uses, the proposed 22 new single-family residential unitswould generate approximately 269 pounds of solid waste per day. The implementation of the General Plan policies for solid waste handling would promote waste reduction and compliance with recycling regulations. Consequently, the project's impact on solid waste services would be less than significant. 18. Mandatory Findings of Significance Significant Impacts on the Natural and Man -Made Environments. This Initial Study indicates the project has the potential to degrade the quality of the environment and adversely affect human beings in the following manner: AUGUST, 2011 34 MITIGATED NEGATIVE DECLARATION — 16213 LOS GATOS BOULEVARD ■ Biological Resources: Potential impacts on ordinance trees to be removed and retained. ■ Cultural Resources: Potential to encountered unknown buried archaeological resources. ■ Geology and Soils: Seismic -related ground shaking hazards and geotechnical concerns with undocumented fill. • Hazards and Hazardous Materials: Public health risks from hazardous materials potentially occurring on -site. ■ Noise and Vibration: Exposure of future, residents to high ambient noise levels. ■ Transportation and Traffic: Construction -related delivery/haul trucks could result in temporary, but significant increases in traffic congestion if they occur during the AM or PM hours or during the school PM peak. Mitigation measures outlined in this Initial Study would reduce these impacts to less -than -significant levels. Cumulative Impacts. When the proposed project is considered together with other recently constructed, approved, or proposed projects in the vicinity, the proposed project could contribute to cumulative impacts, particularly those related to traffic. Projects located within the project area: and within the Town of Los Gatos that have been approved but not yet constructed or constructed but not yet fully occupied are listed as follows: ■ 15940 Blossom Hill Road (Residential) ■ 15881 Linda Avenue (Residential) ■ 371 Los Gatos Boulevard (Residential) ▪ 55 Los Gatos Boulevard (Ivlotel/Commercial Conversion) ■ 15720 Winchester Boulevard (Office) ■ 14881 National Avenue (Medical/Dental Office) ■ 15400 Los Gatos Boulevard (Medical — Dental/Hi-Turnover Restaurant) ■ 930 University Avenue (Self Storage) ■ Samaritan/Los Gatos Boulevard (Medical Office) ■ Town.Library (Library) • Old Town Library ■ Safeway Expansion (Super Market) • Placer Oaks (Residential) ■ 192 Los Gatos —Saratoga Road (Walk-in Bank) ■ 16922 Mitchell Avenue (Residential) • 15780 Los Gatos Boulevard (Medical Office) ■ 16005 Los Gatos Boulevard (Mixed Use) • 106 Towne Terrace (Residential) ■ 15928 Union Avenue (Residential) ■ 90-160 Albright Way and 14600 Winchester Boulevard (Office) Proposed, but not yet approved projects considered in this analysis are listed as follows: ■ 475-485 Alberto Way (General Office) • 15405 Los Gatos Boulevard (Office) • Towne Terrace Apartments, 135 Riviera Drive (Residential) ■ Dittos Lane Apartments, 20 Dittos Lane (Residential) ■ 16922 Mitchell Avenue (Residential) • Creekside Sports Park, 930 University Avenue ■ North Forty Project (Mixed Use) The geographic scope of the cumulative analysis varies by resource area. The proposed project would contribute to cumulative traffic impacts as well as other traffic -related air quality, greenhouse gas, noise AUGUST, 2011 35 MITIGATED NEGATIVE DECLARATION — 16213 Los GATOS BOULEVARD impacts. The geographic scope of the cumulative air quality analysis is regional (San Francisco Bay Area Air Basin), while the geographic scope of the greenhouse gas analysis is global. The cumulative noise impact analysis is more localized and limited to sensitive receptors located in the .vicinity of the project site. The geographic scope of cumulative hydrologic and water quality impacts is San Francisco Bay region. For the evaluation of cumulative impacts on public services and utilities, the geographic scopes vary with each service agency's service boundary, which is the town boundary in some cases. Of the above -listed projects, several are located in the immediate project vicinity. Due to their proximity, there is a potential for significant cumulative traffic impacts during project construction, and the project's contribution to this cumulative impact would be mitigated to a less -than -significant level with implementation of Mitigation Measure TRA-1 (Traffic Control Plan) as discussed under Section 16d, Traffic Safety Hazards. The project's contribution to cumulative air quality, greenhouse gas,10 and operational traffic impacts are discussed above (see Sections 3, Air Quality; 7, Greenhouse Gas Emissions; and 16, Transportation and Traffic), and determined to be less than cumulatively considerable and therefore, less than significant. The project would also contribute to cumulative impacts on downstream surface and ground water quality, and cumulative increases in demand for public services and utilities. However, implementation of applicable ordinances, agency standards, or regulatory requirements as specified in the above impact discussions in addition to mitigation measures identified above would reduce the project's contribution to these cumulative impacts to less than cumulatively considerable (less than significant). The 2020 General Plan would allow the construction of approximately 1,600 new residential units, which would increase the Town's population by approximately 3,790 new residents by 2020 for a total population of approximately 32,600. The proposed development of the project site includes residential use that is incorporated into the residential land inventory used for the 2007 — 2014 Housing Element. To the extent that the proposed project contributes additional residential uses to the anticipated housing needs within the community through 2014, the project would be consistent with the level of growth planned for Los Gatos through 2014. In addition, the project's addition of 53 persons would represent a 0.1% increase over the Town's 2008 population, which would be consistent with ABAG's projected annual growth rate of 1 percent and the Town's growth rate of the past 30 years. Therefore, project -related increases in population would not be cumulatively considerable (less than significant). Copies of the Initial Study used to make the above recommendation are on file and available for public inspection during regular business hours at the Town Community Development Department, 110 East Main Street, Los Gatos, California. Date Wendie R. Rooney, Director of Community Development 10 Because GHG emissions affect global climate change and criteria air pollutant emissions affect regional air quality (i.e., the San Francisco Bay Area Air Basin), evaluation of cumulative impacts is not based on adding emissions from all reasonably foreseeable projects (which would not be feasible on a global basis for GHGs or regional basis for criteria air pollutants). Therefore, the BAAQ1vID CEQA Guidelines establish individual project thresholds that determine whether the project would result in cumulatively considerable GHG and criteria air pollutant emissions. The project's emissions are compared to these BAAQMD significance thresholds in Sections 3, Air Quality, and 7, Greenhouse Gas Emissions. AUGUST, 2011 36 MITIGATION MONITORING PLAN N 0 0 0 0 Z 0 0 O 0 ti 0 d ra Ql 0 0 0 0 0 N m vi N kipo cn Q ul w 0 ea Timing ram:= kg<: s C O U i v1 0 U C rizt- C, 0 %L7w } Q O U IA .> >^ CU C to mo CU It U 0 CZ Monitoring Action .�. Y't! 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O C U L Q CU CL J CUa) 0_ aO C • Q EOOC N0 O C 0 OH L 0: L v, .O — 4U CU .O O M h u U CU }, -O la L to 3 CU Q Q C .L Q CU �O v vi p t0a h O V V 00 +L.' 4- 0 O tQ Q A O L w aJ aJ 4- Cvl + C O O L C] 3 a1 - O' m as aJ O U aJ +' > -� aJ c a) Q) C �' v ut L - O a"'' UU i aJ U p A a) O" i- +' -a J 'n ca v c> L +-' U to •L u t in Q 3 = OU :.0O �O C O 0 b4 -p d' C N >• Q .0 a-- Fes- a CU - v> v >— v v C CC v C v g a+ a I— m <—< 0 Caa �-. C•L p-o— oY �., U+, ca - a1 E v`^i aJ 7 '„, > Q U U -p Q . 'N L •Q ,C L S U O ro a1 C C aJ O E u �' I- ai °u pQ ,.� 3 �' cn a ab .� u ° c °u s _2 EXHIBIT 3 MITIGATION MONITORING PLAN 0 9 0 0 6 6 a) 0 co 0 co 0 0 ("4 0 - J rn N 4-0 N Lo • uJ tu3 6 • 0 O a. ,.., \ Ca) E i z .,,,, - 2 o , -0 c c c 0 cu vo z-, ., ,__ tu) 0 .,. • — -a 0 L- c 0 ni L- 0 MINOR Following demolition Planning Division, During construction CDD > | Planning Division, [DD Parks & Public Works Department(PPVV) __ Planning Division, CDD Monitoring Action s , -, . � Required asa performance standard , 4; .ft • i , ' It , T.. Required osa performance standard , -.; no cu 0 U. CO C -CI M '0 E - ..-fa = 0 "0 0 t c a.) CU iB CC 0- vi Mitigation � BIOLOGICAL RESOURCES The opp|ica.nt shall 'inp|''�ent arborist recommendations made in the Arbor Resources report dated May17, 2011. Recommendations are listed under Section Sl\ and include Design Guidelines for tree protection and replacement, soil disturbance, trenching, and landscape design' and Protection Measures during Grading and Construction, including recommendations for tree protection fencing, removal of hardscane' work within tree canopies, etc. | CULTURAL RESOURCES _ A qualified archaeologist shall inspect the ground surface subsequent to the removal of buildings and pavement to search for indicators of prehistoric occupation and/or use of the area. If thexisua| inspection of � the ground surface yields any materials orinformation xvNchrnayqua|ify� the discovery for inclusion on the California, Register of Historic Resources (CRHR[ a plan for the evaluation of�the resource shall be submitted tothe ConornunityDeve|opnnent�ire�t�r.fnrapproval � : ' |fthe a�a�|o��|s�,��a�ndem����that the resource area qualifies for inclusion on the CRHR and that the proposed development will damage the resource significantly, o plan for mitigating the impacts on the resource shall be submitted to the'Town for approval before mitigationbe undertaken.Mitigati on can take the form ofadditional hand excavation of significant materials to remove samples for analysis and publication, along with archaeological monitoring ofall further construction -related eorthrnovin8 in�\ 5de the zone of archaeological sensitivity. ` . MITIGATION MONITORING PLAN Timing sf 3:4?5 rza: ;u i OA _ ro CU y.J L U = C Cl 0 YYC '�,., .�m_�� 94 35f31` 0 ,U in O U O O q tri �N bt 5�. r�si}'. S• ,-." ?a C?IikSi O Vi C F... U 44 o � }�Z4; Ya111 C C Monitoring Action `k t 'y+ ='£YZ hitF ( v) U Ti ( .4F.)E B to C O 'O Cr t C O CU in f$i`SxF i k .�=F sEtt .. i nk�3 • v) U -a f0 N E L L co C O 'O CS� Mitigation CULTURAL RESOURCES In the event that human remains are discovered, work shall be stopped inside a zone designated by a qualified archaeologist until the County Coroner's Office and the Native American Heritage Commission (NAHC) have been notified. The NAHC is responsible for designating 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 DevelopmentDirector regarding the method for exposure and removal of human burials and associated grave goods, and advise the Director regarding the place and method of reburial of these materials. HAZARDS AND HAZARDOUS MATERIALS The following measures shall be required to reduce public health risks related to removal and disposal of hazardous materials to a less -than - significant level: a. The developer 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. A 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. MITIGATION MONITORING PLAN N O O O '-I O Z 0 0 O 0 O a m v 0 on ra 0 0 N N J N 1 N 0 b.0 aG WLU I— ° 0 a MITIGATION MONITORING PLAN N O O 0 0 z 0 0 0 0 ti a N 0 0 0 0 J N m N N N w tin aC a tY Prior to construction Responsibility s) HAZARDS AND HAZARDOUS MATERIALS Q Q .0 'O vj QLJ aJ aJ V1 aJ Q) aJ a.l QJ CU L to v) ra +' C v) '3 aJ p .2 ra ra as C O FF- ate-+ vv) .- 4.., CO ai CA .Q Q. 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'� rco A p Ou a) C `�- a .— s O +' tin C5 ca u •c '- Q. v) C 4-, '«c -° .0 aJ CCU O o u O v C C aJ O- ra O O O. — ra a aJ c +-, E +, U a) co ti vs c c ( ra O o -aaj N co_ a a (a—a-`J ~ �^ ° aJ ao ° Q .n 3 vs c s O a U O O N "O bIJ i L C>' V to O iJ(CS I- +' +� 7 vO aJ U ti a Q O al O a-- ° U a- Q_ O v) C v) C ')= C Q> aJ bA aJ CS- ra O_ O L. ++ LJ ..° vs C LO as cub' (6 LO �O '~' +O' +Q, rya .� v aJ C .0 C ,n 'L 4- c C p v) 'a '�-, '� cv'a = C .' p L- -0 O L aJ N > ra tCa CU a vs C Q �; u C. to 'a u * O L. ,� C +� VI +, co o >' .c s_ L a U aJ 'O al -0 vs vS Q. 'a o ro to a L v, v) O O to -0 C c v; -o CU cua p O "a Q +, r6 'vs E � v1 u L Q (a O +, O Ou •� C 4.- 0 Li) > aJ a ctico O o a L 0 4-. p CU Q- C OL O U uS OL L N N ,a 4- v Q O p U ru a o Q. vs ro v o O fl- Q +, > c v -a a v u U c O O U p ++ +' aJ — C aJ U to > v C Q- la p CO _° t0 •0 Q. C •� L 'N {�., al Q C O v) aJ aJ 'O (a of 'a-+ v O. ca yam, O E C ut O U O Fes- aJ Q {CO L o H U .� a1-� > U a L1 U ° Q +a E U O U Q O N C O,. E O. ~ 4- ate- O C +, E O Q aJ o vt ra to X .0 O O to ca Q O a1 Q C N aJ vO aJ O aJ O aJ a) a a of aJ ++ "a to ,� U Q U +L- CS to a• °U m .� a) v U O +'C. O N ca +�, n :i MITIGATION MONITORING PLAN N O O O c-I O O 0 O a ro _v 0 m 0 � f0 o " N 0 N N Lo hp <6 w -, a° oa Timing S jd . r. C O O L Building plan check, during construction Required as a Engineering Division, During construction performance PPW and Building standard Division, CDD Responsibility `44� & bD C 1 m 0 o U VC.0 c •c g c .— Engineering Division, PPW and Building Division, CDD Monitoring Action • v co c • cr S. L k ! „ �fi (, Required as a performance standard Mitigation HAZARDS AND HAZARDOUS MATERIALS The developer 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 prior to demolition of the existing building. 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. GEOLOGY AND SOILS The recommendations of the Pacific Geptechnical Engineering geotechnical investigation and AMEC Geomatrix:peer review (May 17, 2010 and August 19, 2010) shall be incorporated.,in'.the final construction plans for the proposed project. The developer shall be responsible for the removal, of undocumented fill materials within proposed building excavations, Reuse of the fill materials shall only be allowed if the requirements.,for engineered fill are met. 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. MITIGATION MONITORING PLAN N O O O 6 Z O O 0 0 -n ID a) 0 0 c0 0 LD N 0 N m N 4-, N N V LU W LU a ° o '.. ?3., v f t;4 O cu C O L O C 'C E. E L c u 0 Responsibility } , O CU N c -.s- w 0 Monitoring Action fig - ° t4 in -o a) L a) cc u 10 -0 L L E (O a) . Q. 0 Mitigation TRAFFIC The applicant shall work with the Engineering Division of the Parks and Public Works Department to develop a Traffic Control Plan that shall be incorporated into the contract specifications. This plan will include, but not be limited to, the following measures: a. Construction truck traffic shall only be allowed on Los Gatos Boulevard between 9:00 a.m. and 4:00 p.m., Monday through Friday. When schools are in session, the Town will prohibit truck operations on Los Gatos Boulevard in the site vicinity between 2:15 p.m. and 2:45 p.m. to allow school -related traffic to dissipate from Los Gatos Boulevard, Roberts Road, and the immediate vicinity. b. Haul and delivery trucks shall be required to use Los Gatos Boulevard 'and the Lark Avenue interchange to access the SR'17 freeway, and they shall not be allowed to use the freeway ramps on Santa Cruz Avenue to access the SR 17 freeway during the AM peak, PM peak, or school AM or PM peak hours. Haul and delivery trucks shall avoid residential streets to the maximum extent feasible. c. The traffic control plan shall include a provision that requires coordination with the scheduled peak truck delivery and haul traffic associated with other approved projects that are located along the project's haul route. N:\DEV\SUZANN E\EnvironmentalRev\M it-Monitor\LGB16213-MM P.docx This Page Intentionally Left Blank TOWN COUNCIL — SEPTEMBER 14, 2011 REQUIRED FINDINGS FOR: 16213 Los Gatos Boulevard Planned Development.Application PD-10-004 Negative Declaration ND-10-002 Requesting approval to rezone the project site from CH to CH:PD, to demolish the existing auto dealership buildings, and construct 22 new single-family residences. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APNs 529-18-031 & 055. PROPERTY OWNER: Margaret R. Bishop APPLICANT: Santa Clara Development Co. FINDINGS: Required consistency with the Town's General Plan: v The proposed Zone Change is internally consistent with the 2020 General Plan and its Elements. N:1DEV1FTNDINGS120I 11LGB 16213-PD.DOC This Page Intentionally Left Blank TOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95032 (408) 354-6872 SUMMARY OF DISCUSSION OF A REGULAR MEETING OF THE CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE OF THE TOWN OF LOS GATOS FOR DECEMBER 9, 2009, HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA. The meeting was called to order at 4:30 P.M. by Mayor McNutt. ATTENDANCE Members Present: Diane McNutt, Barbara Spector, and Marico Sayoe Members Absent: Phil Micciche and Joanne Talesfore Staff Present: Sandy Baily, Acting Assistant Director of Community Development; Suzanne Davis, Associate Planner ITEM 1: 16213 Los Gatos Boulevard CDAC Application CD-09-04 Requesting consideration of conceptualplans for a new commercial building with four residential units and 41 single-family and duet units on property zoned CH. APNs 529-18-031 and 055. PROPERTY OWNER: Margaret R. Bishop APPLICANT: Santa Clara Development Co. Comments: Mark Robson, Santa Clara Development, presented the project. The mixed use building proposed for the comer of Los Gatos Blvd. and Roberts Road would be a landmark signature and would create identity. The building would include 3,000 square feet of retail with four rental units above. The remainder of the site would be developed with 41 single family homes ranging from 1200 to 2100 square feet. The comer building is about 48 feet at the highest point and the remainder of the project is 340 feet high. All buildings would be three -stories. Courts and walkways connect the homes to the retail building, This is an opportunity to provide more affordable housing in Town. There are three gathering places included in the project. The site is within walking distance of two elementary schools and the middle school and would provide a transition from commercial to residential. The ratio of residential versus retail is driven by the market and a pattern of matching up with existing development. Committee comments: • Mixed use and the feature at the northeast corner are desirable components • Retail component makes sense given the location • Attractive design for the landmark building EXHIBIT 5 CDAC Minutes December 9, 2009 Page 2 • Unsure if a corner landmark building is appropriate for this location • Concerned about proposed building heights, particularly that of the mixed use building (don't see justification for exceeding 35-foot height limit) • Proposed building heights are not compatible with surrounding development (most of the neighborhood has low profile building) • Traffic should be evaluated for afternoon periods when schools are getting out • The project will contribute to a cumulative traffic impact on Los Gatos Blvd. • There are parking issues in the surrounding neighborhood • Density is a concern • The Town is contemplating placing an overlay housing zone on the property that will require a specified percentage of housing to be affordable units (likely 40 to 60%) • Need more information on the percentage of commercial versus housing • Project would need to be evaluated for its impact on schools ADJOURNMENT Meeting adjourned at 5:15 p.m, The next regular meeting of the Conceptual Development Advisory Committee is Wednesday, January 13, 2010, Prepared by: Sandy L.1' aily Actin -Ass. t Comrnunit -s velo ment Director cc: Planning Commission Chair N:\DEV\CDACWINUTES\2009112-9-09cdRcmin.doc TOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95032 (408) 354-6874 SUMMARY OF DISCUSSION OF A REGULAR MEETING OF THE CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE OF THE TOWN OF LOS GATOS FOR MARCH 10, 2010, HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA. The meeting was called to order at 4:35 P.M. by Mayor Diane McNutt ATTENDANCE Members Present: Diane McNutt, Steve Rice, Marico Sayoc, Joanne Talesfore Absences: Phil Micciehe Staff Present: Sandy Bally, Acting Assistant Director of Community Development; Suzanne Davis, Associate Planner VERBAL COMMUNICATIONS: Ray Davis commented that the new proposal is entirely appropriate to the small town ambiance, the General Plan goals and the essence of the community. With the North 40 and the affordable housing that is proposed, it is good to see a project that fits with the small town environment. The crosswalks on each end of George Street need to be enhanced, and should be discussed as part of the project. Joanne Talesfore recused herself and left the meeting. ITEM 1: 16213 Los Gatos Boulevard CDAC Application CD-10-002 Requesting consideration of conceptual plans for a new commercial building with two residential units and 22 single-family residences on property zoned CH. APNs 529-18-031 & 055. PROPERTY OWNER: Margaret R. Bishop APPLICANT: Santa Clara Development Co. Mark Robson, Jake Lavin and John Garcia were present representing Santa Clara Development. Mark Robson showed an aerial photo of the site and the previous site development proposal that was reviewed in December 2009. He commented that based on concerns about density and height, the project has been substantially changed. The homes along the edges of the property mirror what is there on surrounding streets. A commercial building with two BMP units above is proposed on the corner of Roberts Road & Los Gatos Blvd, The space on the ground .door could be retail or office. The proposed residences are patio homes with small yards, around 2,200 square feet (more conventional detached homes). The attic space would be habitable floor area. The homes would be designed to not exceed 30 feet in height. He believes the project will complement the neighborhood CDAC Minutes March 10, 2010 Page 2 of 3 well, The density is about 12 units per acre which falls within the Medium Density range, and is consistent with what is in the neighborhood. Diane McNutt stated that she met with Mr. Robson to discuss the revised plans. Steve Rice stated that he met with Mr. Robson and reviewed plans for the original proposal. Marico Sayoc commented that she appreciates the changes that have been made. One of the things she liked about the original proposal was the retail building oriented on Los Gatos Blvd, The units on Los Gatos Blvd, are close to the street and should have features to mitigate noise, Mark Robson noted that the entrance on Roberts Road might be moved to Mitchell Avenue when the site plan is refined. He noted that the open space for the six homes off Los Gatos Blvd will be the center courtyard. The remainder of the homes will have private yards. The six homes in front will each have three parking spaces (the plan depicts it as one space per unit). Diane McNutt clarified that the areas called mezzanine on the plan are attic space, and that the commercial building will have parking included behind. Comments: • The proximity of the project to schools is cause for concern. Pedestrians and bicycle traffic need to be accommodated • George Street parking is currently an issue and could be impacted by the development • A sidewalk should be installed on both sides of Mitchell Avenue • Two stories preferable to three; consider height variations and articulation and detailing to break up the massing of the homes and avoid them all being the same height • Density is appropriate for the site • Secondary access onto Mitchell is preferable to having it on Roberts • Project density is much better with the current proposal • Softening the architecture on the periphery of the project is important • Clustering the BMP units is acceptable • Ideal scenario is to integrate the BMP units into the project • The proposal is inuch more appropriate for the site and in keeping with the Los Gatos Boulevard Plan • Retail may not be appropriate in this location • Concerned about visual impact • Treatment of architecture, landscaping, fencing along Los Gatos Blvd. is important • Streetscape exhibits will be helpful in assisting the Commission and Council in evaluating the project (landscape and fencing should be included) • Commercial could be replaced with additional housing units CDAC Minutes March 10, 2010 Page 2 of 3 • A traffic study should be prepared to evaluate location of driveway entrances • Concerned that courtyard could be an attraction for middle school students ADJOURNMENT Meeting adjourned at 5:10 p.m. The next regular meeting of the Conceptual Development Advisory Committee is Wednesday, April 14, 2010. Prepared by: ;C 2? l/)r_.e._, s -- Sandy L. Bally Acting Assistant Director of Community Development cc: Planning Commission Chair N;\DEV\CDAC\MINUTES\2010\3-10-10min. doc This Page Intentionally Left Blank AR'CHrrFCrURE May '18, 2011 Ms. Suzanne Davis Community Development l)epartnrent `town of 1;.os Gatos 110 E. Main Street P.O. Box 949 Los Gatos, CA 95031 MANNING URBAN DESIGN ECEIVED MAY 23 201 `I TOWN OF LOS GAT OS PLANNING DIVISION RE:16213 Los Gatos Blvd. Kear Suzanne: I reviewed_ the revised drawings and read the supplicant's .response letterto the previous review; The project site plan has changed ccnstderaibly over the past eight months. Many of the e;ulier concerns about project se ale and relationships to the surrounding neighborhood and to Los Gatos Blvd. have been Addressed. I have only a few comments are as fol- lows: Site Plan 1. l still believe that there are issues with the interior street With no sidewalk access to the units. The street is now designed as a through connection between Roberts Road and Mitchell Avenue. While I do believe that the street could serve the dual functions of automobile and pedestrian. access without a sidewalk, :1 would be very concerned with adult and child pedestrian safety as it is currently shown, on the site plan. At. a minimum, some additional- traffic ealtnling measures would be advisable. Traffic calming techniques. are continuing to evolve, and usually make it quite clear that the priority movement is for pedestrians with also automobiles allowed, rather than the other way around with the vehicular movement given ptioritv:'Itvo techniques that have been successfully used„ and should be considered here are the use of modular pavers for all street surfacing, and the necking down of the entries/exits at main streets to one car width, rather than to two shown on the site plan. Another technique that is often considered is the iritrocluetion of trees and planters within the dual use street width so that the vehicular traffic lane is only one car width .in some areas. 2. Some of the treatment of the B\iP homes seem to give the impression that they are less a part of the inew neigh- borhood than the other units. Their size relative to the other homes (10-6 % smallct) night be expected, but the follow- ing features makes theth seem substandard: • Entry -to the units appears to be through the parking pad for the two units while all other homes have entry side Walks. • Although the units, have two bedrooms, there is only room for one parking space each anywhere neat the units. • The parking for the: units -is a surface pad with no garage or carport cover. • The private outdoor .space is very small. TEI.: 160 HARBOR DRIVE 415.331,3795 t:5,\i 415.331.3797 .EMAIL.: cdgplan@pacbdirai SUITE 21-9 SAUS uJ 10. CA 94965 EXHIBIT 6 Some stronger entry elements would be desirable along this street frontage (e.g., entry gates, arbors, carriage lights) (Same for Plan 2A across interior street) 16213 L. GA61s Bh•.l. I)e.;gn RLerai,v :e,mratt_1et May 18, 2011 Page 2 no, r.� ur MI MI IM IM-/IMA r11° hillit ,-r--®1H-- - -fl}� r•' }i= NOAr • t I f it f'= Wiegrairig Very small outdoor private spaces Total distance between homes appears to be about 101t. Thru-block street with no sidewalk could be dangerous Utilize additional traffic calming measures Entries to BMP homes are between parked cars Note: BMPs are 40-65% smaller than other homes Internal Street Frontage (looking east) 3. The B\IP home on this frontage has much less attention to design articulation and detail than all of the other homes along this street, It would be of benefit both to the owners of this unit and to all of the other residents along the street for this home to look as special as the adjacent homes. 4. The other homes along this side of the interior street have interesting forms and details that serve to minimize the prominence of the garage doors - an important feature since the homes on the other side of the street have strong entry porches. However, it would he. desirable to enhance the sense of enfy to the private courtyards serving the side entries to the homes. For example, the use of low fences, gates, arbors and landscaping would provide a stronger sense on home entry. This also applies to the one Plan 2A unit across the interior street. 5. If the issue of pedestrian access to the entries of the BMP homes, mentioned above, can be resolved, it might be desirable to provide those units with a well -designed carport with a roof and lattice sides with landscaping. Consider well designed carport for BMP homes This elevation on the street is very plain compared to the others. BMPs may be smaller, but should have some of the same street front design character,and details as the larger homes. CANNON DESIGN GROUP 180 HARBOR DRIVE . SUITE 219 . SAUSALITO . CA 94965 1(,213 l..xs C;MDs Itivd- Desi n Rerii:n Comm ecntr May 18,.2011 Inxg 3 Home Plans and Elevations 6. The depth of the entry porch on Plan I is very shallow at 4 feet from wall to the outside of the porch columns. The Residential Design Guidelines call for a 6-foot minimum with more depth desirable (Guideline 3.10.1). ti\ Porch depth is shallow. Residential design guideline 3.10.1 call for 6 feet minimum depth 7. The front elevation for Plan 2D has a very large dormer at the second floor. This approach was flagged as one to avoid in the Residential Design Guidelines (Guideline 3.5.4). Size of front dormer is inconsistent with Residential Design Guideline 3.5,4 Ail { ) INIr 1-t !. , _ p_ Residential Design Guideline 3.5.4 illustration MII B A1/1p _ "0 / /su�M 711 ,5;MI I._ I III I I i" } III kliiil = I h.$ �� 4Im!�� _ v . u s c a- 1.1 Avoid large gable dormers that dorninite the roof 8. The side and rear elevations are shown for only the stucco finished alternatives. Clarification should be sought concerning the materials proposed for side and rear elevations on homes utilizing wood siding and shingles on their front facades. The following language is contained within Guideline 3.2.2: Carry wall materials, window apes and architectural details around a// sides of the house. Avoid side and rear e%nations that are markedly dif/areal from the front e%Nation. Beyond these few issues, the project looks much better than originally proposed, and is planned and designed to fit into the surrounding neighborhood scale and context. Suzanne, please let me know if you have any questions, or if there are specific issues of concern that I did not address. Sincerely; CANNON DESIGN GROUP Larry Cannon AICP CANNON DESIGN GROUP 180 HARBOR DRIVE . SUITE 219 . SAUSALITO . CA 94965 e ROBSON I -I ES September 7, 2011 Ms. Wendie Rooney Community Development Town of Los Gatos 110 E. Main Street Los Gatos, CA 95031 RE: 16213 Los Gatos Boulevard, South Bay Honda site Dear Wendie: The proposed project embraces the goals and objectives of the Town's General Plan, Housing Element and Los Gatos Boulevard Plan. It removes a currently incompatible land use (former car dealership and service bays) and reestablishes the residential character of the neighborhood. In addition, through a series of significant public. improvements and excellent design, it creates a beautiful streetscape on Los Gatos Boulevard that captures the essence of Los Gatos and protects the viewshed of the mountains. Land Use The proposed project consists of twenty-two single family homes ranging in size from approximately 1,700 square feet to 2,575 square feet. The excellent walkability of the site to schools and services and the high capacity of streets and utilities inf the area make it an excellent housing site from a town planning perspective. General Plan Policy LU-12.8 states that existing vacant property and residential uses on Los Gatos Boulevard south of Robert Road shall be developed as single family residential, and the Housing Element specifically identifies the. Honda site as one of seven sites suitable for future residential development at up to 20 du/acre (up to 38 homes). The density of the proposed project (11,6 du/acre). is at the midrange of what is called for in the Town's Housing Element, and it is also at the midrange of what is found in the neighborhood. The area near Blossom Hill and Roberts Road is characterized by a mixture of commercial uses, apartments, townhomes and small lot single family homes, with densities ranging from 5 du/acre to over 20 du/acre. The actual zoning designations of the residential properties is medium density residential up to 12 du/acre, which is consistent with our project. 2185 THE ALAMEDA, SUITE 150, SAN JOSE, CA 95126 phone 408.345.1767 jar408.345.1768 uch www.robsonhomes.com EXHIBIT 7 Outreach We met with the Conceptual Design Advisory Committee (CDAC) in December 2009, and again in March 2010. The CDAC expressed its clear preference for single family homes, and felt that the density of our revised proposal (24 units at the time) was appropriate. See attached minutes from the second meeting. The neighborhood has been supportive of the approach we have taken, both at our initial neighborhood meeting in March 2010 and a follow up meeting in March 2011. We also reached out to the school district very early in the process, as requested by the CDAC. Public Improvements Although a private development, the project includes an ambitious program of public improvements that are called for In the Los Gatos Boulevard Plan and General Plan: • A raised landscape median will be added to the south of Shannon Road to break the expanse of asphalt and feature large redwoods (35'-40' tall at installation). • We will replant the median in Los Gatos Boulevard to the north of the project to create a larger impact for the..comrnunity. 3. ` _ ' ; ::: • A generous landscape setback (23'-30' from the roadway) along Los Gatos Boulevard features a low stone wall and additional large trees. The low stone wall ties into the character of the Boulevard further to the south. • Parkway landscape strips will be built for street trees and landscaping around the project site, including new street trees for the Boulevard. • Pedestrian bulb -outs at three intersections (George/Roberts, George /Mitchell, and Mitchell/Los Gatos Boulevard) will be built to improve pedestrian crossings, calm traffic, and provide landscaping. • Offsite sidewalk on both sides of Mitchell Ave will be completed, as requested by CDAC • A VTA transit stop for the bus service on Los Gatos Boulevard is included. • The project preserves large trees in the public right of way including a mature Redwood tree on Los Gatos Boulevard and :.an•..Oak-Tree on:.Roberts. .Road, .::.::,,:.: These improvements were designed to not only"preserve and protect the Town's scenic beauty" as set forth in the Los Gatos Boulevard Plan, but they also resulted from careful study of traffic issues as part of the projects review; The project is beneficial to the town from a traffic standpoint due to the fact that the housing project generates fewer trips than the previous commercial use. That said, there is a lot of foot and car traffic during school pick up and drop offs and the planned public improvements will significantly improve the safety of these activities. Small Town Scale The Los Gatos Boulevard Plan states that new buildings should "enhance the Boulevard through excellence in architectural design" and that "standardized building plans shall be discouraged". Accordingly, we placed additional emphasis on the scale and architectural diversity of the homes. Right now we have 18 distinct elevations out of 22 homes, with varying roof lines and detailing to create a distinctive streetscape. In addition, garages on the private street are concealed from public view, and the garages on George and Mitchell are recessed and deemphasized. We have also conscientiously reduced the floor plates and roof lines to minimize mass. The height to the roof peaks are 20' 6" to 25', which is notably lower than other new homes built and approved in the immediate neighborhood (typically 28'). For comparison, Bluebird Lane homes are at 24' to 28'. The building height and the generous landscape setback on Los Gatos Boulevard "protect and complement both valley and mountain vistas" (Los Gatos Boulevard Plan). The well -scaled homes along with authentic materials and quality craftsmanship "project the essence of Los Gatos history, individuality, character and natural environment" (Los Gatos Boulevard Plan). The cute and eclectic bungalows, many with deep front porches, blend with the older cottages found along the Boulevard and in the Town. Sustainability The Town has staked a leadership role in sustainability issues and the proposed project advances the Town's objectives in this area. As discussed above, the waikability of the homes is exceptional, with schools, retail, parks and other neighborhood services in close proximity. This will reduce unnecessary traffic trips and promote alternative means of transportation, which is one of the General Plan's main goals (TRA-9). The project in fact makes significant improvements to alternative means of transportation, including the VTA transit stop on Los Gatos Boulevard and the other traffic and pedestrian improvements discussed above. An important element of sustainability is house size. Smaller footprints result in more area for landscaping and require fewer resources for production. At 1,700 square feet to 2,575 square feet, the proposed homes are smaller than the majority of new homes built in the Town. This creates new home ownership opportunities at lower price points and contributes to a well-rounded local community. We have also sought to conserve energy and protect the environment by scrutinizing our construction selections and employing the best practices of the Build It Green manual. We are projecting to score at or above 150 points on the Build It Green checklist, which is far above the Town's minimum requirement of 50 points and helps the Town set higher expectations with future projects. Conclusion Prior to the current car dealership, the Honda site consisted of a cluster of single family homes. Today, the dealership is a blight on the town with no viable commercial use to replace it. Our project establishes the residential character of the neighborhood, and creates a wonderful streetscape on all four sides. The landscape improvements to the Boulevard and surrounding streets, combined with the attractive, well -scaled architecture, authentic materials and design details, will enhance the quality of life in the community and encourage others to make similar investments and improvements. I am committed to making this project a source of pride for all those involved, and I can assure you that the details and execution will be of the absolute highest quality. Sincerely, Mark Robson President SANTA CLARA DEVELOPMENT An affiliate of Robson Communities July 5, 2011 Ms. Suzanne Davis Town of Los Gatos 110 E. Main Street Los Gatos, CA 95031 RE: BMP proposal, 16213 Los Gatos Boulevard RECEIVED JUL 07 2011 TOWN OF LOS GATOS PLANNING DIVISION Our project presents a creative approach to the Town's affordable housing needs by expanding the type of home available while serving a broader range of income levels. We propose to provide one four -bedroom BMP home on -site, ideal for a larger family who would not ordinarily be served by the Town's BMP program. We will also provide a second BMP home off -site and make it available to a lower income household. Our proposal expands the reach of the Town's BMP program and satisfies the other requirements of the program. Both units will be indistinguishable from the other homes within their neighborhoods. The on -site home is a four -bedroom detached home, with a private yard and 2-car garage, just like the market rate homes. The home is walking distance to schools and services and will be sold at the moderate income level BMP price $350,901. The off -site home will be part of a homeowners association community, with all regular rights and benefits of the association. It will be completely renovated inside, and we will offer it at the low income level BMP price, currently $176,689. To allow a buyer to take advantage of current mortgage opportunities, this home will be available to the Town's program immediately upon zoning approval of our project, which is an added benefit to the Town. With today's challenges of developing high quality housing, our BMP proposal is a creative solution to addressing the Town's affordable housing objectives. We believe that creating a broader spectrum of affordable housing opportunities for both families and those at a lower income level are critical goals..ofaf€erdal le housing. S Mark Robson President 2185 The Alameda • San Jose, California 95126-1109 Tel (408) 345-1767 Fax (408) 345-1768 This Page Intentionally Left Blank 16213 Los Gatos Boulevard FAR Calculation - 9/7/11 Lot Lot Size Plan # Residence Livable SF Detached Garage Livable SF FAR 1 3,661 4A 2,552 0.70 2 3,934 3C 2,581 330 0.74 3 3,770 3BX 2,529 0.67 4 3,773 3AX 2,529 330 0.76 5 3,776 3D 2,529 330 0.76 6 3,820 3CX 2,581 0.68 • 7 4,071 3A 2,529 330 0.70 8 3,050 1 1,736 0.57.. 9 3,573 4B 2,552 0.71 10 3,452 4C 2,552 0.74 11 3,471 4A 2,552 0.74 12 3,484 4B 2,552 0.73 _ 13 3,530 4C 2,552 0.72 14 2,773 2A 2,014 0.73 15 3,409 2C 2,014 0.59 16 2,978 1C 1,736 0.58 17 2,962 2A 2,014 0.68 18 3,013 2D 2,014 0.67 19 3,013 2C 2,014 0.67 20 3,013 2B 2,014 0.67 21 2,905 2AX 2,014 0.69 22 3,943 1 1,736 0.44 Net 75,374 49,896 1,320 0.68 Gross 82,854 49,896 1,320 0.62 EXHIBIT 8 This Page Intentionally Left Blank Suzanne Davis From: SLKishler@aol.com Sent: Monday, September 05, 2011 10:48 AM To: Suzanne Davis Subject: Comments for Planning Commission Meeting on Sept. 14, 2011 To: Planning Commission, Town of Los Gatos We are writing to share my concerns about the plan for 22 homes being proposed for the Honda dealership property at Los Gatos Blvd and Roberts Road. According to the Los Gatos Weekly, There is also a proposal to build 11 homes on the corner of LG Blvd. and Shannon where the Home Plates store was located. This seems to me that will add up to unacceptable traffic issues in an area that is already difficult to navigate, especially at commute times, and is heavily used by students to access the local elementary and high schools. I cannot believe that a reasonable traffic study would find no impact and implore you to ensure all safety and access issues are carefully considered. We are particularly concerned about the prevailing trend along Los Gatos Blvd. to convert commercial areas to residential use. This will impact the schools that are already at capacity and it will decrease the areas available for businesses that provide local jobs and services a community needs to remain viable -- and lead to increased dependence on cars and oil. It seems to me that it will lead to increased commercial rents and stifle the small business successes we should nurture. Respectfully, Les and Susan Kishler 16420.Bonnie Lane Los Gatos, CA 1 EXHIBIT 9 Suzanne Davis From: rwend96 <rwend96@aol.com> Sent: Monday, September 05, 2011 2:25 PM To: Suzanne Davis Subject: Conversion of Commercial to Residential Property Dear Los Gatos Planning Commission: I am writing to share my concerns about some of the new development being proposed for Los Gatos. One example is the'Honda dealership property at Los Gatos Blvd. and Roberts Road. I have heard that the planning commission will soon be considering plans for 22 homes on this site. Of course, this will mean changing the zoning from commercial to residential. At the same time, I understand there is also a proposal to build 11 homes on the corner of Los Gatos Blvd. and Shannon where the Horne Plates store was located. T his prevailing trend all along Los Gatos Blvd. to convert commercial areas to residential use is not in the best interest of our community in the long run. Once rezonedwe wifhlose the potential -for -this property to house tax producing businesses to serve our community. Busy streets such as this one are best utilized for commercial use for very obvious reasons. In these recessionary times- with so many commercial buildings for lease, it is tempting to accept the proposals from residential home developers. Future generations will benefit and appreciate your foresight to resist these temptations. On top of all of this, the last thing our enrollment strained schools need is more family housing. Please preserve our commercially zoned property. Sincerely, Richard Wendell Los Gatos Resident i Suzanne Davis From: Catherine Briggs <briggshome@yahoo.com> Sent: Tuesday, September 06, 2011 6:19 AM To: Suzanne Davis Subject: Sept 7th Planning Meeting - re. 22 Development Home on LG Blvd Dear Suzanne, I understand that on September 7th there is a meeting with the Los Gatos Planning Commission regarding the planned housing development at the old Honda dealership (22 homes). I am emailing you to express my concern over the proposed development. If there are any future meetings/votes regarding this proposal, I would appreciate finding out about them so that I can either be there in person or write a letter. Although my children are not in the Los Gatos school district, I am very familiar with the school system as I was past President of the Home & School Club (the parent/teacher association) at Blossom Hill School arid was also on the Site Council at -Fisher Middle School. I am against this project for a number of reasons: • The LG schools, in my opinion, do not have the infrastructure to support and meet the needs of additional students. . • Traffic in the mornings and afternoons (8:15 am & 3:00 pm) is terrible already and there have been numerous accidents at this hour, due to the traffic. The most grave accident was the bicyclist who was struck on LG Blvd in June. gridlock when school lets out? (I asked the planner about the traffic issue; I was told a traffic report had been generated and there was no significant traffic impact. • Traffic is also bad on the weekends getting into and around town. • Housing seems to be a short-term solution to generating more revenue in our town. It does not fit the personality or culture of our town. Thank you for your consideration. Sincerely, Catherine Briggs 106 Longmeadow Drive Los Gatos, CA 95032 i EXHIBIT 10 Suzanne Davis From: Lisa Mammel <Imammel@comcast.net> Sent: Tuesday, September 06, 2011 9:46 AM. To: Suzanne Davis Cc: 'Lisa Mammel' Subject: Letter to LG Planning Committee: re: Planned Development at Old Honda Dealership Attention Suzanne Davis: Planner Los Gatos Planning Commission September 6, 2011: Dear Los._Gatos Planning commission; . I a.m writing as a citizen of Los Gatos to urge you to deny the project currently proposed for the development of housing units at the former Honda dealership site on Los Gatos Boulevard. The proposed project, if approved, would: 1. exacerbate traffic issues in an already unsafe -and overstuffed corridor, 2,_'CcntHbute to a ticking borrib of overcr'"ciwdin j` in Los Gatos Schools; and 3. Lead to a loss of commercial vitality of Los Gatos. The current Los Gatos Boulevard, Roberts Road and Nino Road area is host to two schools of a combined population over 1,500 students. Every day for nine months of the year, the area experiences traffic jams, near -miss car and pedestrian accidents and delays — overwh.elmingly caused by the volume of traffic in the zone. Adding twenty-two houses, permanently increases the vehicular traffic ( one might conservatively assume by two cars per house) by an additional 44 cars to the area. This is an untenable situation. The proposed development would be devastating to our schools, and. would exacerbate the problematic recent housing influxes in the area. I have children currently at Fisher Middle School. My son's math class has 44 children. in it. Many classes are at 30+. Every day in the LG Weekly, circulars and flyers, we see realtors and developers advertising their property interests along the lines of "Award Winn.i.ng LG Schools" and "Quality, desirable Los Gatos School District." However, such claims are falsehoods — or are fast becoming so. The increasing drain on the schools' infrastructure and resources have diluted the quality of our schools, A developer's quick turn of the land (from commercial to residential ) --as well as a quick buck-- becomes a permanent infusion ofchildren into our local school district without the community's ability to cover it. How can a developer's self-interest be put before the needs of our community's children? Finally, the proposed transaction turns the property from commercial to residential zoning. 1. question the wisdom of such a change. The area is situated along a commercial corridor — appropriate for the comings and goings of commercial traffic spread out over the hours of the day and over the year (as opposed to school hours and schedules). The town has lost businesses over the past few years — and the interest, commercial vitality, and business taxes related to such .loss, It seems time to redouble efforts to gain appropriate (innovative!) commercial use of such property, and for the town to experience the synergy that could result from it. Does Los Gatos want to become another residential/bedroom community — without businesses to assist in its sustenance? One can look at a select nearby community up the road which h.as mistakenly gone done such a route — leaving the blight of open storefronts, and dwindling revenues. In summary, I ask the Planning Commission to ask itself: "Who gains in this transaction?" Answer: The developer. 1 "What/who loses'?" 1.. The quality of life of LG Citizens on the road; 2. The schools and the community they serve; and 3. The potential long term economic viability of the town. Please deny the project currently proposed for the development of housing units at the former Honda. dealership site on Los Gatos Boulevard. Respectfully submitted, Lisa M:ammel 33 "fait Avenue Los Gatos, CA 95030 2 Suzanne Davis From: Chris Potter <cspotter5@hotmail.com> Sent: Tuesday, September 06, 2011 6:16 PM To: Suzanne Davis Cc: Joe Pirzynski; Steve Rice; Diane McNutt; BSpector Subject: deny development of more residential housing on Los Gatos Boulevard/Roberts Road September 7, 2011 To the Los Gatos Planning Commission and Town Council, I am writing as a homeowner and taxpayer in Los Gatos to urge you to deny the projects currently proposed for the development of housing units at/near the former Honda dealership site on Los Gatos Boulevard, and other like projects under review. My reasons are as follows,.. 1. Our public schools cannot accept more students now. The schools are already overcrowded in every classroom that my two kids enter each day this year at Fisher MS and last year at Daves Ave. 2. Traffic in this part of town is almost impossible to navigate now, as is, during morning rush hour and around school dismissals. More residential housing next door to Fisher and Van Meter means more gridlock in AM and PM. 3. Los Gatos Blvd needs to remain zoned commercial -- More rental housing in this neighborhood means lost tax revenue to the Town. Do not give into to the Developers (namely Robson Homes and Eric Morley) behind these new housing projects on the Town Council, or no incumbent will get my vote next time around. Chris Potter 33 Tait Ave Los Gatos, CA i Suzanne Davis From: Ginger Rowe <casarowe@me.com> Sent: Tuesday, September 06, 2011 10:51 PM To: Suzanne Davis Subject: Planned Development, old honda dealership Suzanne, I am a resident very close to this proposed development of 22 new homes. I also have a local business in this community, andagree with and understand development is critical and beneficial to the community. My concern and reservations regarding this particular development is that I see no benefit to the community. I believe this proposed development puts a great deal of strain on the community facilities, such as the impact of additional students attending our already overflowing student bodies, and the traffic that would result generated by the occupants of the 22 new homes. Traffic at 8:00am and 2:30pm is already at a dead standstill during those times of the day. Additionally the loss of the commercial business, that could potentially be located on that site. Once those homes are built, the loss of that commercial zone is lost forever. The town has so many projects filtering through right now, and they need to be very cautious about changing C.U.P.'s, especially when they are changing commercial to residential. Once the town begins changing use of space, it will change the dynamics of the town. It begins to have a domino affect, that looses control. Thanks for your time. Best regards, Ginger Rowe Resident and Business Owner 1 This Page Intentionally Left Blank Suzanne Davis From: Thomas -Werner, Eileen <ewerner@cbnorcal.com> Sent: Wednesday, September 07, 2011 3:13 PM To: Suzanne Davis; Suzanne Davis Subject: 22 Homes; Planned Development; Former Honda Dealership Hi Suzanne: Please confirm that you've sent this email to each member of the Los Gatos Planning Commission. Thank you, September 7, 2011 Att: The Los Gatos Planning Commission c/o Suzanne Davis, Town Planner of Los Gatos To the members of the Los Gatos Planning Commission: I am writing to express my opposition to the proposed housing development of 22 homes at the former Honda dealership. I urge the Planning Commission to think of long term economic viability for the Town of Los Gatos by retaining this commercial site. I oppose this development because I do not want to see the future of innovation --Los Gatos business, start-up, entrepreneurial and mom & pop business' diminished only to disappear forever for housing. This is THE prevailing issue. One can look as far as San Jose or Hollister as examples of regrettable planning decisions to remove their commercial & retail base for housing to the detriment of their town/city. Additionally, their citizens are forced out of their community to do necessary business/shopping. The residents of Los Gatos do not wish to drive elsewhere to do business whether it's commercial or retail. Nor do they look to the downtown of Los Gatos; downtown Los Gatos offers its own unique shopping and business, separate from Los Gatos Blvd. Los Gatos will lose commercial/retail diversity if this site is developed into 22 homes. The diversity of business is the life blood of a community, is it not? And, a community like Los Gatos is quite capable of reinventing itself, so to speak, in a changing world. Additionally, despite the economic challenges facing many town and cities, Los Gatos now has new business along the Blvd. Here is proof that business can continue to thrive: Panera Bakery, yoga studios, and dental/medical offices to name a few. The question presented to our Los Gatos Planning Commission: why shut off that which will ultimately sustain the Town's future? I spent last week -end talking with residents and spoke w/business' along the Blvd. I wanted to "take the pulse" to see what individuals thought about changing the former Honda site presently commercial, to 22 homes in a planned development. I was not entirely prepared for the responses received: each person I spoke with was vehement in their response opposing the development, with one business owner stating a property owner should be able to do what he/she wants to do w/their property. Here's what the unscientific poll communicated: individuals did not think that their elected representatives paid attention or cared about what the residents (and business) wanted, that is was about developer money, great frustration regarding traffic gridlock and last, some simply asked why, that the project had no fit for 22 homes. One business next to Los Gatos Blvd. said, "This takes away our options for the future." Have any members of the Los Gatos Planning Commission in 2011 spent a few weekdays, prior to the school bell ringing in the mornings and afternoons, in the vicinity of Los Gatos Blvd., Fisher Middle School and Roberts Rd? Despite the "traffic calming" measures to be executed with the development of 22 homes, the traffic gridlock is a daily reality and horrendous at that. There are 1,040 students (per first day enrollment for the school year, September 2011) attending Fisher Middle School and approximately 627 Van Meter Elementary students. No "traffic calming" measures can truly mitigate those numbers. Those numbers alone are astounding. Did the Los Gatos Planning Commission know that 4 out of 5 Los Gatos schools exceed the CA Dept. of Education Recommended Pupil Density Per Acre? Do members on the Planning Commission think today's school enrollment numbers at Fisher Middle School and Van Meter Elementary are OK? Additionally, there will be NO future bond to float for the schools as the debt limit has reached its ceiling. Not only will diversity of commercial business be lost but the planned development will lack its own diversity by appealing only to middle age persons. Seniors do not want to climb stairs (or avoid that type of housing) and "twenty somethings" are priced out (one affordable unit does not represent the totality of diversity). I recommend removing the existing structures on the former Honda dealership site. It would eliminate the visual chaos and the structures are probably functionally obsolete; it is difficult to find the "For Lease" sign/s on the site. A plausible, clean site could create the vision for a sound commercial design. 1 EXHIBIT 11 Retaining commercial (and retail) viability along Los Gatos Blvd. will be THE key to the Town's future economic engine. I urge the Planning Commission to oppose the planned development of 22 homes, Very Truly Yours, Eileen Werner ****There is a seminar on September 13 called Game 2012 Changers, Silicon Valley's Economy held at the Santa Clara Convention Center. Interactive panels by CEO's etc,,. will include: SV's Changing Economic Engine, Redefining Public Service & Staying Competitive as a State & Nation. Ideas, Innovation & Inspiration. Please consider attending. An excellent opportunity to learn, think & plan for economic vision. To a degree, as elected representatives of Los Gatos, you're the architect**** 2 Suzanne Davis From: Arvind Rajesh <arvindrajesh@gmail.com> Sent: Wednesday, September 07, 2011 3:13 PM To: Suzanne Davis Subject: Plan for the site at the Honda Dealership Hi My name is Arvind Rajesh and I live at 118 Smith Ranch Ct in Los Gatos. The new project at the former Honda dealership should be something that the town can be proud of and sparks interest in builders to come up with creative projects for the empty lots. I am 100% convinced the dealerships are not coming back. I propose the builder develop the property into 4 story mix use property with shops and parking -on the first floor and condos on other floors. The project will definitely increase town revenue and make more housing available in Los Gatos. thanks -Arvind i This Page Intentionally Left Blank Los Gatos Union School District 17010 Roberts Road Los Gatos, CA 95032 (408) 335-2000 Phone (408) 395-6481 Fax www.lgusd.k12.ca.us Diana G. Abbati, Superintendent September 6, 2011 Suzanne Davis Community Development Department Town of Los Gatos 110 E. Main Street Los Gatos, CA 95031 RE: Project File PD-10-004 for 16213 Los Gatos Boulevard Dear Ms. Davis: LOS GATOS OS SCHOOL DISTRICT RECEIVED SEP ° ..- TOWN OF LOS GATOS PLANNING DIVISION I would like to comment on Project File PD-10-004 for 16213 Los Gatos Boulevard, also known as the Honda site on behalf of the Los Gatos Union School District (`District') and its impact on our schools. The total number of new residential units proposed is 22 consisting of three and four bedroom single- family units, and one BMP unit. The District forecasts that these new units would bring approximately 10-15 new students to our elementary and middle schools. We are currently operating at full capacity at all of our downtown schools and anticipate that this development will create the need for additional classrooms. We have just finished constructing additional classrooms at R.J. Fisher Middle School and are currently constructing new classrooms at Louise Van Meter Elementary School. These new facilities will fulfill some but not all of the projected growth in residential units for Los Gatos families. In addition to the direct impact on our schools, the intersection of Los Gatos Boulevard and Blossom Hill Road is one of the most heavily traveled in Town during school hours, especially during busy drop off and pick up times. The District continues to have concerns about the safe travel of both children and families across this busy intersection as they make their way to and from school. It is our hope that the Town has given ample consideration to the traffic impact implicit in the site design of this project and the needs of the Los Gatos children and its schools. Sincerely, 6011/( ••&) Diana G. Abbati Superintendent cc: Bob Mistele, Interim Superintendent, Los Gatos Saratoga Union High School Board of Trustees, Los Gatos Union School District BOARD OF TRUSTEES: *Kathleen Bays •Scott Broomfield *Doug Halbert •Chris Miller *Tina Orsi-Hartigan EXHIBIT 12 This Page Intentionally Left Blank