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9 - Staff Report + AttMEETING DATE: 11/07/11 ITEM NO: 9 COUNCIL AGENDA REPORT DATE: October 28, 2011 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: INTRODUCTION OF AN ORDINANCE FOR PLANNED DEVELOPMENT APPLICATION PD-11-001 AND NEGATIVE DECLARATION ND-11-005. PROJECT LOCATION: 800 BLOSSOM HILL ROAD. PROPERTY OWNER: AMERICAN BAPTIST HOMES OF THE WEST (ABHOW). APPLICANT: DAN SCHNEIDER. A. CONSIDER AN AMENDMENT TO A PLANNED DEVELOPMENT TO CONSTRUCT A NEW MEMORY SERVICES AND ASSISTED LIVING FACILITY. APN 523-05-001. B. CONSIDER ADOPTION OF MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN. RECOMMENDATION After opening and closing the public hearing, and asking the Clerk Administrator to read the title of the proposed ordinance, it is recornrnended the Town Council: 1. Waive the reading of the proposed ordinance. 2. Accept the Planning Commission's findings and recommendations in the form of meeting minutes (Attachment 6). 3. Adopt the Mitigated Negative Declaration and the Mitigation Monitoring Plan (Attachment 2). 4. Adopt findings supporting the zone change (Attachment 3) and approve the application subject to the performance standards included in the Planned Development Ordinance and introduce the ordinance of the Town of Los Gatos effecting the zone change from RM:12-20:PD TO RM:12-20:PD (Attachment 4). BACKGROUND The Terraces of Los Gatos is a Senior Continuing Care facility located on the southwest corner of Blossom Hill Road and Cherry Blossom Lane. A Planned Development (PD) for the facility PREPARED BY: Wendie R. Rooney, Director of Comrnunity Development Reviewed by: j Assistant Town Manager ,� Town Attorney Finance N:\DEV\TC REPORTS\2011\BHR800-Teiraees.doe Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 800 Blossom Hill Road/PD-11-001, ND-11-005 October 28, 2011 was approved by the Town Council in November 1986 and amended in April 1989. The subject application is a request to modify the PD to allow construction of a new building that will house a memory care facility and 10 additional assisted living units. The building will be connected to the existing assisted living facility. The Terraces currently includes 18 buildings that house 175 independent living units, 59 skilled nursing units and 35 assisted living units. Twenty nine of the independent living residences are Below Market Price (BMP) units. A maximum of 93 employees are on the site at peak periods. Parking is provided in garages, carports and surface lots. Residents must be at least 62 years old, or in the case of married couples, one resident must be at least 62. On December 14, 2000, a new Zoning Map was adopted by the Town Council. The RM zoning district was changed to RM:5-12 and RM:12-20 to be consistent with the General Plan. The original zoning of the subject property (RM:5-20:PD) was modified to RM:12-20:PD as a result. DISCUSSION A. Project Summary The applicant is requesting approval of the following: • Mitigated Negative Declaration (MND) and corresponding Mitigation Monitoring Plan (MMP); and • Planned Development amendment to construct a 23,000 square foot memory service and assisted living facility. The new building will be attached at the southwest corner to the skilled nursing and assisted living facility. The new building will be constructed in place of a surface parking lot. Remaining on -site parking is adequate to support the proposed project and existing continuing care complex. In addition, The Terraces has an agreement with the adjacent Presbyterian Church that allows overflow parking in the church lot. B. Planning Commission On September 28, 2011, the Planning Commission voted 6-0 to forward the proposed project to the Town Council with a recommendation for approval of the environmental documents and PD amendment. Attachment 6 is a verbatim transcript of the Commission meeting. C. Public Comment One resident and member of the adjacent Presbyterian Church spoke in favor of the project. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 800 Blossom Hill Road/PD-11-001, ND-11-005 October 28, 2011 ENVIRONMENTAL ASSESSMENT An Initial Study and Mitigated Negative Declaration (MND), consistent with California Environmental Quality Act (CEQA), were prepared for this project by the Town's Environmental Consultant, EMC Planning, and distributed to Council on August 16, 2011. The 20-day public review period ended on September 26, 2011. No written comments were received. The areas of mitigation are within the following categories: • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Hydrology and water quality The Mitigation Monitoring Plan that specifies tuning and staff responsible for implementation and oversight of the project mitigation measures (Attachment 2). Mitigations have also been incorporated as performance standards in the PD Ordinance (Attachment 4). CONCLUSION The proposed project does not conflict with any provisions of the General Plan or Zoning Ordinance, is consistent with the existing PD Ordinance, and will provide needed assisted living units and a memory service facility for patients with Alzheimer's disease or similar disorders. It is recommended that the Council approve the Planned Development amendment as supported by Town staff and the Planning Commission. FISCAL IMPACT None ATTACHMENTS 1. Mitigation Negative Declaration (76 pages), not including development plans (see attachment 4 for development plans) 2. Mitigation Monitoring Plan (five pages) 3. Required Findings and Considerations (one page) 4. Draft Planned Development Ordinance (25 pages), includes zone change map (Exhibit A, one page) and development plans (Exhibit B, 19 sheets), received September 19, 2011 5. October 12, 2011, Report to the Planning Commission with Exhibits 2-8 (exclusive of the Mitigated Negative Declaration report and the development plans) 6. October 12, 2011, Planning Commission verbatim minutes PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: 800 Blossom Hill Road/PD-11-001, ND-11-005 October 28, 2011 Distribution cc: Dan Schneider, Boulder Associates, 5 Third Street, Suite 430, San Francisco, CA 94103 Russell Mauk, ABHOW, 6120 Stoneridge Mall Road, Suite 300, Pleasanton, CA 94588 Ray Hashimoto, HMH, 1570 Oakland Road, San Jose, CA 95131 WRR:SD:cgt N:\DEV\TC REPORTS \2011\BHR800-Terraces.doc File#: 459 9108/2011 Planning for Success. PROPOSED .MITIGATED NEGATIVE DECLARATION TERRACES OF LOS GATOS PREPARED FOR Town of Los Gatos August 29, 2011 TOWN OF LOS C-LAJOS PLANNING DIVISPN Attachment 1 This Page Intentionally Left Blank TERRACES OF Los GATOS Proposed Mitigated Negative Declaration Planned Development PD-11-001 Negative Declaration ND-11-005 PREPARED FOR Town of Los Gatos Community Development Department Suzanne Davis, Senior Planner 110 E. Main Street Los Gatos, CA 95030 Tel 408.354.6875 PREPARED BY EMC Planning Group Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 Tel 831.649.1799 Fax 831.649.8399 wissler@emcplanning. com www.emcplanning.com August 29, 2011 This document was produced on recycled paper. This Page Intentionally Left Blank NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION In compliance with the California Environmental Quality Act (CEQA), Town of Los Gatos has undertaken environmental review for the proposed Terraces of Los Gatos, and intends to adopt a Mitigated Negative Declaration. Town of Los Gatos invites all interested persons and agencies to comment on the proposed Terraces of Los Gatos Initial Study. Lead Agency: Project Location: Project Description: Public Review Period: Proposed Mitigated Negative Declaration Available for Public Review at these Locations: Town of Los Gatos The proposed project is located at 800 Blossom Hill Road, in the Town of Los Gatos, in Santa Clara County. The proposed project includes a new 23,000 square -foot two-story building that will be attached to an existing two-story building located at the southwest corner of the skilled nursing and assisted living facility. The proposed addition would include 16 memory service units and ten additional assisted living units. Begins September 6, 2011 Ends — September 26, 2011 Suzanne Davis, Senior Planner is Town of Los Gatos, Community Development Department 110 East Main Street Los Gatos, CA 95030 (408) 354-6872 Los Gatos Public Library Town Civic Center 110 E. Main Street Los Gatos, CA 95030 Address Where Written Comments May be Sent: Public Hearing: Suzanne Davis, Senior Planner Town of Los Gatos, Community Development Department 110 East Main Street Los Gatos, CA 95030 (408) 354-6875 To be determined This Page Intentionally Left Blank r t Lead Agency: PROPOSED MITIGATED NEGATIVE DECLARATION AUGUST 29, 2011 Terraces of Los Gatos Planned Development PD-11-001 Negative Declaration ND-11-005 In Compliance with the California Environmental Quality Act (CEQA) Town of Los Gatos Project Proponent: Boulder Associates Architects Architecture & Interior Design 5 Third Street, Suite 430 San Francisco, CA 94103 415-796-6720 Project Location: Project Description: Public Review Period: Address Where Written Comments May be Sent: The proposed project is located at 800 Blossom Hill Road, in the Town of Los Gatos, in Santa Clara County. The proposed project includes a new 23,000 square -foot two-story building that will be attached to an existing two-story building located at the southwest corner of the skilled nursing and assisted living facility. The proposed addition would include 16 memory service units and ten additional assisted living units. Begins — September 6, 2011 Ends — September 26, 2011 Suzanne Davis, Senior Planner Town of Los Gatos, Community Development Department 110 East Main Street, Los Gatos, CA 95030 i Proposed Findings: The Town of Los Gatos is the custodian of the documents and other material that constitute the record of proceedings upon which this decision is based. The initial study indicates that the proposed project has the potential to result in significant adverse environmental impacts. However, the mitigation measures identified in the initial study would reduce the impacts to a less than significant level. There is no substantial evidence, in light of the whole record before the lead. agency (Town of Los Gatos) that the project, with mitigation measures incorporated, may have a significant effect on the environment. See the following project -specific mitigation measures: MITIGATION MEASURES Air Quality AQ-1. To limit the project's construction -related dust and criteria pollutant emissions, the following applicable BAAQMD-recommended Basic Construction Mitigation Measures shall be included in the project's grading plan, building plans, and contract specifications: 1. All active construction areas and exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 2. All haul trucks transporting soil, sand, or other loose material off -site shall be covered or maintain at least two (2) feet of freeboard. 3. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved surfaces shall be limited to 15 mph. 5. All driveways and sidewalks to be paved shall be completed as soon as possible. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 2 7. 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. 8. 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. The Planning Division of . the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. AQ-2. To limit the project's construction -related dust and criteria pollutant emissions on sensitive receptors in the area, the following applicable BAAQMD-recommended Optional Construction Measures shall be included in the project's grading plan, building plans, and contract specifications: 1. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; 2. Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; 3. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph; and 4. Limit the area subject to excavation, grading and other construction activity at any one time. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of these mitigation measures. Biological Resources BIO-1. The following avoidance measures shall be required to avoid the project's potential effects on migratory and special -status bird species. 1. The removal of trees and shrubs shall be minimized to the extent practicable. 2. If tree removal, pruning, or grubbing activities are necessary, such activities should be conducted outside of the breeding season (i.e., September 1 and January 31) to avoid impacts to nesting birds. 3 3. If project site clearing and construction activities begin during the breeding season (i.e., February 1 to August 31), preconstruction surveys shall be conducted within the project footprint and a 300-foot buffer, as feasible, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning/grubbing or surface - disturbing activities. If no active nests are detected, no further surveys or monitoring is necessary. 4. If active nests, i.e. nests with eggs or young birds present, are found, non -disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair's tolerance to disturbance and the type/duration of potential disturbance. No work shall occur within the non -disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in cooperation with the California Department of Fish and Game (CDFG) and the United States Fish and Wildlife Service (USFWS), but is typically recognized as 50 feet for songbirds and 300 feet for raptors. If buffers are established and it is determined that project activities are resulting in nest disturbance, work should cease immediately and the CDFG and the USFWS Migratory Bird Permit Office should be contacted for further guidance. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. BIO-2. The following avoidance measures shall be required to avoid the project's potential effects on special -status bat species. 1. The removal of potential roosting habitat including mature trees, snags, rotten stumps, decadent trees with broken limbs, exfoliating bark, cavities, etc. should be minimized to the extent practicable. 2. Preconstruction surveys shall be conducted to identify if bats are using the existing structures for roosting. If no evidence of roosting is detected, no further avoidance or minimization measures are necessary. If bats are using on -site structures for roosting, CDFG should be contacted for authorization to modify the roosting habitat to discourage bats from roosting within the structures. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. BIO-3. The applicant shall comply with the Town of Los Gatos Tree Protection Ordinance and a tree removal permit shall be obtained from the Town for the removal of any on - site trees that qualify as a protected tree. 4 Additionally, no new trees on site shall have a trunk diameter of less than 1.5 inches, and protective construction fencing for all trees shall be in place prior to the commencement of any site work. Any trenching within the dripline of existing trees shall be hand dug. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of these mitigation measures BIO-4. The applicant shall comply with the recommendations in the arborist report prepared for the proposed project by Arbor Resources on May 6, 2011. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of these mitigation measures. Cultural Resources CR-1. The following language will be included in all permits associated with earth moving activities within the project site: In the event that significant paleontological, historic, and/or archaeological remains are uncovered during excavation and/or grading, all work shall stop in the area of the subject property until an appropriate data recovery program can be developed and implemented by a qualified archaeologist. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. CR-2. If human remains are found during construction activities, nofurther excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the archeological monitor and the coroner of Santa Clara County are contacted. If it is determined that the remains are Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the 5 descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of these mitigation measures. Geology and Soils GEO-1. The applicant shall include in the project design all design recommendations included in the Zinn Geology and Butano Geotechnical Engineering, Inc. reports, and the AMEC Geomatrix Consultants, Inc. peer review letter dated August 22', 2011. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of these mitigation measures. Hydrology and Water Quality HYD-1. All recommendations listed in the July 18, 2011 Eisenberg, Olivieri & Associates memo shall be implemented. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. HYD-2. If the proposed project does not receive final discretionary approval by the Town before December 1, 2011, the project will need to comply with the Low Impact Development treatment requirements in the Town's NPDES permit. Media Filter system will not be allowed if the project does not receive final discretionary approval from the Town prior to December 1st, 2011. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. 6 TERRACES OF Los GATOS Initial Study PREPARED FOR Town of Los Gatos Community Development Department Suzanne Davis, Senior Planner 110 E. Main Street Los Gatos, CA 95030 Tel 408.354.6875 PREPARED BY EMC Planning Group Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 Tel 831.649.1799 Fax 831.649.8399 wissler@emcplanning. com www.emcplanning.com August 29, 2011 This document was produced on recycled paper. This Page Intentionally Left Blank TABLE OF CONTENTS A. BACKGROUND 1 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 13 C. DETERMINATION 14 D. EVALUATION OF ENVIRONMENTAL IMPACTS 15 1. Aesthetics 17 2. Agriculture and Forest Resources 22 3. Air Quality 24 4. Biological Resources 28 5. Cultural Resources 32 6. Geology and Soils 34 7. Greenhouse Gas Emissions 37 8. Hazards and Hazardous Materials 38 9. Hydrology and Water Quality 40 10. Land Use and Planning 44 11. Mineral Resources 45 12. Noise 46 13. Population and Housing 49 14. Public Services 50 15. Recreation 51 16. Transportation/Traffic 52 17. Utilities and Service Systems 55 18. Mandatory Findings of Significance 58 E. SOURCES 60 EMC PLANNING GROUP INC. Appendices Appendix A Complete Plans Figures Figure 1 Regional Location 5 Figure 2 Project Vicinity 7 Figure 3 Aerial Photograph 9 Figure 4 Site Plan 11 Figure 5 Shade Study 19 Tables Table 1 Existing and Proposed Square Footages 2 EMC PLANNING GROUP INC. A. BACKGROUND Project Title Terraces of Los Gatos Lead Agency Contact Person and Phone Number Suzanne Davis, Senior Planner Community Development Department 408-354-6875 Date Prepared August 29, 2011 Study Prepared by EMC Planning Group Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 Teri Wissler Adam, Senior Principal Christine Bradley, Associate Planner Project Location The project site is located at 800 Blossom Hill Road, in the Town of Los Gatos, in Santa Clara County. Project Sponsor Name and Address Boulder Associates Architects Architecture & Interior Design 5 Third Street, Suite 430 San Francisco, CA 94103 415-796-6720 General Plan Designation High Density Residential Zoning RM-12:20 PD (Multi -family Residential, Planned Development) Setting The project site is a 0.32-acre portion of an existing 9.2-acre skilled nursing and assisted living facility located at 800 Blossom Hill Road in the Town of Los Gatos, in Santa Clara County. Figure 1, Regional Location, shows the location of the proposed project in a regional context and Figure 2, Project Vicinity, shows the project site in relation to the Town of Los Gatos (hereinafter referred to as "Town"). The project site is currently developed with a parking lot located within the southwest corner of the existing facility. The overall facility is composed of 18 separate buildings, which include 175 independent living units, 59 skilled nursing units, and 35 assisted living units, and currently employs a maximum of 93 employees on -site at any one time. The project site is surrounded by the existing skilled nursing and assisted living facility to the north and east, residences to the south, and a shopping center to the west. The Presbyterian Church of Los Gatos is located to the southeast of the project site at 16575 Shannon Road. EMC PLANNING GROUP INC. 1 INITIAL STUDY • Figure 3, Project Aerial, shows the existing conditions on the project site in its immediate surroundings. The facility currently has 297 parking spaces. This includes 154 spaces in the garage, six in the carport, 14 for the patio homes, 89 surface spaces in the parking lot, and 34 spaces at the adjacent Presbyterian Church of Los Gatos. A waterline easement runs north -south through the western portion of the project site. Description of Project The proposed project includes a new 23,000 square -foot two-story building that will be attached to an existing two-story building located at the southwest corner of the skilled nursing and assisted living facility. The proposed addition would include 16 memory service units and ten additional assisted living units. Table 1, Existing and Proposed Square Footages, shows a breakdown of the existing and proposed square footages for the proposed project. Table 1 Existing and Proposed Square Footages Building Coverage Landscaping and Patio Pavement / Walkways Existing Use 145,932 sf 139,346 sf 102,336 sf Proposed Use 156,931 sf 138,285 sf 92,399 sf Change + 10,999 sf - 1,061 sf -9,937 sf Source Bolder Associates Architects 2011 The first floor of the proposed building would include 16 memory service units with attached bathrooms, as well as a family room, salon, craft room, baby area, serving kitchen, television room, living room, chaplain, spa, laundry room, an outdoor dining patio, and two indoor activity centers. The first floor would also include an electrical room, a storage room, and two utility rooms. The second floor of the proposed addition would include ten assisted living units, a laundry room, two utility rooms, a lodge office, and a sunroom. The five assisted living units located on the western side of the building would have outdoor decks. The second floor roof would reach a maximum of 36 feet in height from existing/proposed grade. The proposed addition would be constructed on the existing on -site parking lot and would result in the removal of 38 parking spaces. As part of the proposed project, an additional 20 parking spaces would be made available to the facility at the Presbyterian Church of Los Gatos. A total of 279 parking spaces would be provided to the skilled nursing and assisted living facility, including the proposed addition. 2 EMC PLANNING GROUP INC. TERRACES OF Los GATOS The proposed project would include the planting of several ornamental trees and shrubs and would result in the removal of nine trees. The trees proposed to be removed include five Flowering Pear, three White Birch, and one Coast Redwood. A total of 45 new trees would be planted as part of the proposed project, including 24 multi -trunk Japanese Maples, five Coast Redwoods, 13 Yellow Trumpet trees, and three Brisbane Boxes. The proposed addition would generate an additional six employees, bringing the total maximum of employees at the project site at any one time to 99. The proposed project would include the installation of four bioretention cells along the eastern and southern edges of the proposed building. The four cells would range in size between 20 and 140 square feet and would include landscaping and decorative rocks and boulders. The retention cells would collect on -site storm water runoff, as well as beautifying the project site. Figure 4, Site Plan, shows the proposed site plan. A complete set of project plans and elevations can be found in Appendix A, Complete Plans. Other Public Agencies Whose Approval is Required None EMC PLANNING GROUP INC. 3 INITIAL STUDY This side intentionally left blank. 4 EMC PLANNING GROUP INC. Not to Scale 0O• e Oakland Palo Afte Project Location Los' Gatos n Jose Santa Cruz Morgan Hill onter Carmel Big Sur Stockton; Lathrop • Tracy Gilroy Salinas Modesto Patterson Hollister Gonzales Soledad Escalon Oakdale Waterford m Hughson Turlock ewman Gustine San Luis Reservoir Greenfield King City Livingston Los Banos Figure 1 Regional Location Terraces of Los Gatos Initial Study INITIAL STUDY This side intentionally left blank. 6 EMC PLANNING GROUP INC. 0 2,500 feet 000 Source: ESRI 2010, Google Earth 2011 Figure 2 Project Vicinity Terraces of Los Gatos Initial Study INITIAL STUDY This side intentionally left blank. r w ) L LI k 1 1.1 i r t i I 2 8 EMC PLANNING GROUP INC. erraces o Los Gatos Initia Studs • o INITIAL STUDY This side intentionally left blank. r • Lk C 1 f t 10 EMC PLANNING GROUP INC. W w J 0 0 J J_ 0 0 Terraces of Los Gatos Initial Study INITIAL STUDY This side intentionally left blank, 12 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture and Forestry ❑ Greenhouse Gas ❑ Population/Housing Emissions ❑ Hazards & Hazardous ❑ Public Services Resources Materials ❑ Air quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance EMC PLANNING GROUP INC. 13 INITIAL STUDY C. DETERMINATION On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ✓ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Suzanne Davis, Senior Planner August 29, 2011 14 EMC PLANNING GROUP INC. TERRACES OF Los GATOS D. EVALUATION OF ENVIRONMENTAL IMPACTS Notes 1. A brief explanation is provided for all answers except "No Impact" answers that are adequately supported by the information sources cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer is explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers take account of the whole action involved, including off -site as well as on - site, cumulative as well a project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once it has been determined that a particular physical impact may occur, then the checklist answers indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less -Than -Significant Impact with Mitigation Measures Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less -Than -Significant Impact." The mitigation measures are described, along with a brief explanation of how they reduce the effect to a less -than -significant level (mitigation measures from section XVII, "Earlier Analyses," may be cross-referenced). 5. Earlier analyses are used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier document or negative declaration. [Section 15063(c)(3)(D)] In this case, a brief discussion would identify the following: a. "Earlier Analysis Used" identifies and states where such document is available for review. EMC PLANNING GROUP INC. 15 INITIAL STUDY b. "Impact Adequately Addressed" identifies which effects from the checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and states whether such effects were addressed by mitigation measures based on the earlier analysis. c. "Mitigation Measures" —For effects that are "Less -Than -Significant Impact with Mitigation Measures Incorporated," mitigation measures are described which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6. Checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances, etc.) are incorporated. Each reference to a previously prepared or outside document, where appropriate, includes a reference to the page or pages where the statement is substantiated. 7. "Supporting Information Sources —A source list is attached, and other sources used or individuals contacted are cited in the discussion. 8. This is the format recommended in the CEQA Guidelines as amended October 1998. 9. The explanation of each issue identifies: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significant. 16 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS 11. AESTHETICS Would the project: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Have a substantial adverse effect on a scenic vista? (2,3) ❑ ❑ ❑ ✓ b. Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? (2,3) ❑ ❑ 0 ✓ c. Substantially degrade the existing visual 'character or quality of the site and its surroundings? (2,3,4,5) ❑ ❑ ✓ ❑ d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? (2,3,6,7) ❑ ❑ ✓ ❑ Comments: a. The general plan EIR identifies southward views of the mountains and ridgelines from within the Town, and hillside vistas as the primary protected scenic vistas within the town (general plan DEIR, page 4.1-12). Because of the heavily -wooded nature' of the Town, these views are most prominent from the southbound lanes of the Town's major north -south running streets (general plan DEIR, page 4.1-6). The project site is not located on a ridgeline, mountain, or hillside and is in an already urbanized area within the Town limits. The project site is not visible from the southbound lane of any of the Town's major north -south running streets. The existing two-story building adjacent to the project site to the north would shield the proposed project from Blossom Hill Road. The proposed project is several hundred feet from any public roadway and would not be visible from any public viewpoints. Therefore, the proposed project would not result in impacts to any designated scenic vistas as identified in the general plan. b. There are no State designated scenic highways in the Town of Los Gatos (general plan DEIR, page 4.1-3). c. The project site is currently developed with a parking lot for the existing skilled nursing and assisted living facility. The surrounding uses include an existing residential development to the south and a shopping center to the west The proposed project would include the development of a two-story building that would connect to the existing two- EMC PLANNING GROUP INC. 17 INITIAL STUDY story skilled nursing and assisted living facility and would be similar in nature and size to the existing development. The proposed landscape master plan includes the planting of several trees and shrubs that would beautify the project and would further shield the proposed project from surrounding views. A copy of the landscape master plan can be found in Appendix A, Complete Plans. The proposed project would not substantially degrade the visual character or quality of the site and its surroundings. d. The proposed project would result in some increased light emitted from the project site. To reduce the potential for disturbance due to nighttime lighting, the project would comply with Town Code Section 29.10.09035, which prohibits the production of direct or reflected glare. The general plan also contains policies and goals that would reduce the impact of light and glare from new development. Policy CD-3.2 states that street and structural lighting shall be required to achieve minimal visual impact by preventing glare,. limiting light on neighboring properties, and avoiding light pollution of the night sky. Policy CD-17.3 requires design standards that include a review of project lighting to be considered for every project. The implementation of these policies and codes would reduce the light and glare related impacts from the proposed project to a less than significant level. A review of the project plans indicates that the project is consistent with these policies and codes and the impact would be less than significant. The shading of adjacent buildings by the proposed project is another potential impact. The proposed two-story project would result in some increased shading on the project site and on some adjacent existing buildings. The project site is surrounded by the existing skilled nursing' and assisted living facility to the north and east, existing residential homes to the south, and an existing shopping center to the west. Shading impacts are most significant when they affect residential or public uses, as opposed to commercial or industrial uses. To evaluate the shading potential of the proposed project, a shade study was prepared for the proposed project by Boulder Associates Architects. Figure 5, Shade Study, shows the results of the shade study. The shade study shows the potential shading that may occur from the proposed project at the following times: • June 21, 9:00 am • June 21, 12:00 noon • June 21, 3:00 pm • December 21, 9:00 am ■ December 21, 12:00 noon ■ December 21, 3:00 pm 18 EMC PLANNING GROUP INC. Source: Boulder Associates Architects 2011 Terraces of Los Gatos Initial Study /4 INITIAL STUDY This side intentionally left blank. 20 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS Minimal shading would occur at all three times on June 21. Although more substantial shading would occur on December 21, the shading at noon and at 3:00 pm would only affect the existing adjacent skilled nursing facility. The proposed project is an expansion of this facility, and would be connected to the adjacent building, so this shading would not affect a neighboring property. At 9:00 am on December 21, the proposed project would create some shading at the shopping center to the west, however shading on commercial or industrial uses is not considered significant. No shading impacts would occur to the residences to the south. Therefore, the proposed project would not result in any significant shading impacts on adjacent uses. EMC PLANNING GROUP INC. 21 INITIAL STUDY 2. AGRICULTURE AND FOREST RESOURCES In determining whether impacts on agricultural resources are significant environmental effects and in assessing impacts on agriculture and farmland, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? (1,4,5) ❑ ❑ ❑ V b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? (1,4,5) ❑ ❑ ❑ ✓ c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? (1,4) ❑ ❑ ❑ ✓ d. Result in the loss of forest land or conversion of forest land to non -forest use? (1,4,5) ❑ ❑ ❑ ✓ e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or conversion of forest land to non -forest use? (1,4) ❑ ❑ ❑ ✓ as EMC PLANNING GROUP INC. TERRACES OF Los GATOS Comments: a-e. The project site is currently developed with a parking lot for an existing skilled nursing and assisted living facility. Since the site is not in agricultural use and has no agricultural potential due to its small size, location, and previous use, the proposed project would not adversely affect any existing agricultural resources or operations. Since the properties surrounding the project site are developed with commercial and residential uses, the proposed project would not adversely affect other agricultural properties or result in the conversion of farmland to non-agricultural use. Likewise, there are no forest resources on or adjacent to the project site. Nine landscape trees would be removed but no forestland would be disturbed. EMC PLANNING GROUP INC. 23 INITIAL STUDY 3. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Conflict with or obstruct implementation of the applicable air quality plan? (2,3,8) ❑ ✓ ❑ ❑ b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (2,3,8) ❑ ❑ ✓ ❑ c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? (2,3,8) ❑ ❑ ✓ ❑ d. Expose sensitive receptors to substantial pollutant concentrations? (2,3,4) ❑ ✓ ❑ ❑ e. Create objectionable odors affecting a substantial number of people? (4) ❑ ❑ ✓ ❑ Comments: a-c. The Town of Los Gatos is located within the San Francisco Bay Area Air Basin ("air basin") and is under the jurisdiction of the Bay Area Air Quality Management District (BAAQMD). The air basin is currently in non -attainment for ozone and inhalable particulates (PM10). The updated BAAQMD CEQA Air Quality Guidelines ("guidelines") were adopted in May 2011. The guidelines include screening criteria for criteria pollutants. Although the screening criteria are not specifically thresholds of significance, if a proposed project meets the screening criteria, a detailed air quality assessment of the project's air pollutant emissions would not be necessary (BAAQMD, page 3-1). Construction Impacts. New emissions would be generated from construction activities associated with the proposed project. The BAAQMD has identified Basic Control Measures for construction activities within the air district. The general plan DEIR states that for projects less than four acres in size, the implementation of these measures as 24 EMC PLANNING GROUP INC. TERRACES OF Los GATOS appropriate would reduce the construction -related impacts of the proposed project to a less than significant level (general plan DBIR, page 4.2-21). The project site is less than four acres in size so these measures would adequately mitigate potential air quality impacts from construction. The implementation of mitigation measure AQ-1 would reduce the impact of construction -related impacts to a less than significant level. Operational Impacts. According to Table 3-1 of the guidelines, the screening criteria level for congregate care facilities is 143 dwelling units (BAAQMD, page 3-1). The proposed project includes the construction of 16 new memory service units and ten new assisted living units, for a total of 26 new units. Therefore, the proposed project is well below the screening criteria level and would not result in a significant impact to air quality from criteria air pollutant and precursor emissions. The proposed project would not violate an adopted air quality plan, violate any air quality standards, or result in a cumulatively considerable increase in a criteria pollutant for which the project region is currently in nonattainment. d. Sensitive populations, also known as sensitive receptors, are more susceptible to the effects of air pollution than the general population and typically include children under 14, elderly people over 65, athletes, and people with cardiovascular and chronic respiratory diseases. Locations that may contain a high concentration of these sensitive population groups include residential areas, hospitals, day-care facilities, eldercare facilities, elementary schools and parks. The proposed project includes an addition to an existing skilled nursing and assisted living facility; therefore it may impact the sensitive population residing at the existing facility. This is a potentially significant impact. The proposed project would implement the BAAQMD Basic Control Measures that are required at all construction sites, however additional measures may be necessary due to the location of the project site near existing sensitive receptors (BAAQMD, page 4.2-21). The BAAQMD includes Optional Control Measures that are strongly encouraged at construction sites located near sensitive receptors. The implementation of mitigation measure AQ-1 and mitigation measure AQ-2 would reduce this impact to a less than significant level. e. The proposed project includes the construction of an assisted living and memory learning center and would not result in any objectionable odors during the operational phase. Although some odors may occur during the construction phase, they would be minimal and temporary and the impact would be less than significant. EMC PLANNING GROUP INC. 25 INITIAL STUDY Mitigation Measures AQ-1. To limit the project's construction -related dust and criteria pollutant emissions, the following applicable BAAQMD-recommended Basic Construction Mitigation Measures shall be included in the project's grading plan, building plans, and contract specifications: 1. All active construction areas and exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 2. All haul trucks transporting soil, sand, or other loose material off -site shall be covered or maintain at least two (2) feet of freeboard. 3. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved surfaces shall be limited to 15 mph. 5. All driveways and sidewalks to be paved shall be completed cis soon as possible. 6. 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. 7. 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. 8. 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. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. AQ-2. To limit the project's construction -related dust and criteria pollutant emissions on sensitive receptors in the area, the following applicable BAAQMD-recommended Optional Construction Measures shall be included in the project's grading plan, building plans, and contract specifications: 1. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; 26 EMC PLANNING GROUP INC, TERRACES OF Los GATOS 2. Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; 3. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph; and 4. Limit the area subject to excavation, grading and other construction activity at any one time. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of these mitigation measures. EMC PLANNING GROUP INC. 27 INITIAL STUDY 4. BIOLOGICAL RESOURCES Would the project: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? (2,3,14) ❑ ✓ ❑ ❑ b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? (2,3,5) ❑ ❑ ❑ V c. Have a substantial adverse effect on federally protected wetlands, as defined by section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.), through direct removal, filing, hydrological interruption, or other means? (2,3,5) ❑ ❑ ❑ ✓ d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (2,3,5) ❑ ❑ ❑ ✓ e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (2,3,4,14) ❑ ❑ ✓ ❑ f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (2,3) ❑ ❑ ❑ / Comments: a. The project site is currently developed with a parking lot for an existing skilled nursing and assisted living facility. There are currently 34 trees located on the project site. 28 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS According to Figure 4.3-2 of the general plan DEIR, there are no special -status plant or wildlife species identified on the project site (general plan DEIR, page 4.3-22). The proposed project would result in the removal of nine trees. Landscape and native trees within developed areas of the Town area may provide roosting, foraging, and/or nesting habitat for many wildlife species, including raptors, owls and other birds (general plan DEIR, page 4.3-13). Trees, snags, and decadent trees with broken limbs may provide habitat to bat species (general plan DEIR, page 4.3-16). The disturbance of nesting raptors or bats during construction or tree removal activities would be a potentially significant impact. The implementation of mitigation measures BIO-1 and BIO-2 would reduce the impact to a less than significant level. b/c. There are no bodies of water or wetlands within the vicinity of the project site. The proposed project would not result in any impacts to a riparian habitat or other sensitive natural community and would have no adverse impacts to any federally protected wetlands. d. The project site is located within an urbanized area within the Town limits. The primary wildlife corridors in the area are located within the large tracts of open space, which are generally located to the south of the Town (general plan DEIR, page 4.3-18). The development of the project site would not obstruct the movement of any wildlife and the impact would be less than significant. e. The Town of Los Gatos Municipal Code Section 29.10.0906 stipulates that the removal of "protected" trees is prohibited without a tree removal permit from the Town of Los Gatos Parks and Public Works Department. Any tree with a trunk diameter of four inches or greater measured at three feet above ground is considered a "protected" tree. An arborist report titled A Tree Inventory and Review of the Proposed Project at 800 Blossom Hill Road Los Gatos, California was prepared for the proposed project by Arbor Resources on May 6, 2011. The arborist report inventoried 34 on -site trees of four various species, including 21 Coast Redwoods, eight Flowering Pear, four White Birch, and one Eastern Redbud. The report assigned each tree with either a "high", "moderate", or "low" suitability for preservation rating as a means to cumulatively measure their physiological health, structural integrity, anticipated life span, location, size, and species type. The proposed project would result in the removal of nine on -site trees, including five Flowering Pear, three White Birch, and one Coast Redwood. Of the trees to be removed, all were assigned either a "low" or "moderate" suitability for preservation, and the report concludes that their loss for site improvements seemingly conforms to the Town of Los Gatos Municipal Code (Arbor Resources, page 4). All of the trees proposed for removal meet the criteria of protected trees however, the removal of any on -site trees that qualify as "protected" or the damaging of existing trees during construction activities would be a EMC PLANNING GROUP INC. 29 INITIAL STUDY potentially significant impact. The arborist report includes recommendations to help avoid or mitigate impacts to trees that would be retained or removed, including some tree nearby trees not inventoried in the report. The implementation of mitigation measure BIO-3 and BIO-4 would reduce this impact to a less than significant level. f. There are no Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plans applicable to the project site (general plan DEIR, page 4.3-31). Mitigation Measures BIO-1. The following avoidance measures shall be required to avoid the project's potential effects on migratory and special -status bird species. 1. The removal of trees and shrubs shall be minimized to the extent practicable. 2. If tree removal, pruning, or grubbing activities are necessary, such activities should be conducted outside of the breeding season (i. e., September 1 and January 31) to avoid impacts to nesting birds. 3. If project site clearing and construction activities begin during the breeding season (i. e., February 1 to August 31), preconstruction surveys shall be conducted within the project footprint and a 300 foot buffer, as feasible, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning/grubbing or surface -disturbing activities. If no active nests are detected, no further surveys or monitoring is necessary. 4. If active nests, i.e. nests with eggs or young birds present, are found, non - disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair's tolerance to disturbance and the type/duration of potential disturbance. No work shall occur within the non -disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in cooperation with the California Department of Fish and Game (CDFG) and the United States Fish and Wildlife Service (USFWS), but is typically recognized cis 50 feet for songbirds and 300 feet for raptors. If buffers are established and it is determined that project activities are resulting in nest disturbance, work should cease immediately and the CDFG and the USFWS Migratory Bird Permit Office should be contacted for further guidance. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. 30 EMC PLANNING GROUP INC. TERRACES OF Los GATOS BIO-2. The following avoidance measures shall be required to avoid the project's potential effects on special -status bat species. 1. The removal of potential roosting habitat including mature trees, snags, rotten stumps, decadent trees with broken limbs, exfoliating bark, cavities, etc. should be minimized to the extent practicable. 2. Preconstruction surveys shall be conducted to identify if bats are using the existing structures for roosting. If no evidence of roosting is detected, no.further avoidance or minimization measures are necessary. If bats are using on -site structures for roosting, CDFG should be contacted for authorization to modify the roosting habitat to discourage bats from roosting within the structures. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. BIO-3. The applicant shall comply with the Town of Los Gatos Tree Protection Ordinance and a tree removal permit shall be obtained from the Town for the removal of any on -site trees that qualify as a protected tree. Additionally, no new trees on site shall have a trunk diameter of less than 1.5 inches, and protective construction fencing for all trees shall be in place prior to the commencement of any site work. Any trenching within the dripline of existing trees shall be hand dug. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of these mitigation measures BIO-4. The applicant shall comply with the recommendations in the arborist report prepared for the proposed project by Arbor Resources on May 6, 2011. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of these mitigation measures. EMC PLANNING GROUP INC. 31 INITIAL STUDY 5. CULTURAL RESOURCES Would the project: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Cause a substantial adverse change in the significance of a historical resource as defined in section 15064.5? (2,3,5) ❑ ✓ ❑ ❑ b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to section 15064.5? (2,3) ❑ ✓ ❑ ❑ c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (2,3) ❑ ❑ ❑ ✓ d. Disturb any human remains, including those interred outside of formal cemeteries? (2,3) ❑ ✓ ❑ ❑ Comments: a-d. The project site is currently developed with a parking lot and does not include any historic structures. There are no known historic or cultural resources identified on the project site and there are no paleontological resources located on the project site (general plan DEIR, page 4.4-15). However there is the potential for unknown paleontological, historic or cultural resources or human remains to be disturbed during construction activities. This is a potentially significant impact. The implementation of mitigation measures CR-1 and CR-2 would reduce this impact to a less than significant level. Mitigation Measures CR-1. The following language will be included in all permits associated with earth moving activities within the project site; In the event that significant paleontological, historic, and/or archaeological remains are uncovered during excavation and/or grading, all work shall stop in the area of the subject property until an appropriate data recovery program can be developed and implemented by a qualified archaeologist. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. CR-2. If human remains are found during construction activities, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human 32 EMC PLANNING GROUP INC. TERRACES OF Los GATOS remains until the archeological monitor and the coroner of Santa Clara County are contacted. If it is determined that the remains are Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall ident the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate :dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of these mitigation measures. EMC PLANNING GROUP INC. 33 INITIAL STUDY 6. GEOLOGY AND SOILS Would the project: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: (1) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42? (2,3,12,13,15) ❑ ✓ ❑ ❑ (2) Strong seismic ground shaking? (2,3,12,13,15) ❑ ✓ ❑ ❑ (3) Seismic -related ground. failure, including liquefaction? (2,3,12,15) ❑ ❑ ✓ ❑ (4) Landslides? (12,15) ❑ ❑ ✓ ❑ b. Result in substantial soil erosion or the loss of topsoil? (2,3) ❑ ❑ ✓ ❑ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? (12,13,15) ❑ ✓ ❑ ❑ d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (12,13,15) ❑ ❑ ✓ ❑ e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? (4) ❑ ❑ ❑ ✓ 34 EMC PLANNING GROUP INC. TERRACES OF Los GATOS Comments: In July 2011, a geologic investigation titled Engineering Geology Investigation Proposed Assisted Living Addition Terraces of Los Gatos 800 Blossom Hill Road Los Gatos, California, was prepared for the proposed project by Zinn Geology. The report evaluated the potential geologic hazards relevant to the proposed project and the geologic feasibility for constructing on the project site. In July 2011, a geotechnical investigation titled. Geotechnical Investigation Design Phase for 800 Blossom Hill Road, Los Gatos, California, was prepared for the proposed project by Butano Geotechnical Engineers. The report provided preliminary geotechnical design parameters and recommendation for the proposed project. AMEC Geomatrix Consultants, Inc. conducted a peer review of the preliminary civil plans prepared for the proposed project, as well as the Butano Geotechnical Engineers report and the Zinn Geology report. A peer review letter titled Peer Review — Engineering Geologic and Geotechnical Investigation Reports and Plans was prepared on August 22, 2011. The following discussion is based on -the findings and recommendations outlined in the two reports and the peer review letter, as well as information from the general plan and general plan DEIR. a. (i) The Town is not located within an Alquist-Priolo Earthquake Fault Zone (general plan DEIR, page 4.5-10). There are no identified potentially active faults within the Town, however traces of the Shannon, Berrocal, and Monte Vista faults traverse the Town directly and the project site lies within the Shannon Fault Zone (Zinn, page 11). Zinn Geology excavated a fault investigation trench . and no evidence of any active faulting passing through the proposed addition site was found (Zinn, page 12). Although the probability of an earthquake occurring on that trace of the Shannon Fault and rupturing the ground at the project site is extremely low, there is the possibility that coseismic ground deformation may impact the proposed project (Zinn, page 13). This would be a potentially significant impact. The geologic investigation and geotechnical include design recommendations to accommodate for the potential offset due to regional compression or shortening. The implementation of mitigation measure GEO-1 would reduce the impact to a less than significant level (ii) The proposed project may experience seismic shaking during an earthquake. The proposed project would be built in compliance with the 2010 California Building Code (general plan DEIR, page 4.5-2). The general plan DEIR concludes that compliance with the California Building Code requirements and the implementation of policies in the Safety Element of the general plan would reduce the impact of seismic shaking on development within the Town (general plan DEIR, page 4.5-19). Additionally, the implementation of mitigation measure GEO-1 would reduce the impact to a less than significant level. EMC PLANNING GROUP INC. 35 INITIAL STUDY (iii) According to the general plan DEIR Figure 4.5-3, the project site is not located in an area prone to liquefaction. The California Geological Survey has not classified the site as being underlain by the types of soils and groundwater that would require mitigation for the potential of permanent ground displacement due to liquefaction (Zinn, page 13). Therefore, the risk of damage to the proposed project from liquefaction is less than significant. (iv) The project site is ostensibly flat and would not be prone to landslides (Zinn, page 9). b. Due to the varied topography, the potential for erosion within the Town ranges from high to low. Erosion potential is minimal in the flat area just east of Highway 17, which is where the project site is located (general plan DEIR, page 4.5-15). Therefore, the proposed project would result in minimal soil erosion and topsoil loss. c/d. The geology investigation concluded that the project site is geologically suitable for the proposed project, provided the design recommendations in the geology investigation and geotechnical investigation are implemented. Therefore, the implementation of mitigation measure GEO-1 would reduce the impact to a less than significant impact. The proposed project would not create a substantial risk to life or property due to an unstable geologic unit or unstable soils, and would not result in a risk due to expansive soils. e. The proposed project would connect to the Town wastewater system and does not include the installation of a septic system. Mitigation Measure GEO-1. The applicant shall include in the project design all design recommendations included in the Zinn Geology and Butano Geotechnical Engineering, Inc. reports, and the AMEC Geomatrix Consultants, Inc. peer review letter dated August 22nd 2011.. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of these mitigation measures. 36 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS 7. GREENHOUSE GAS EMISSIONS Would the project: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (4,8) ❑ ❑ ✓ ❑ b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? (4,8) ❑ ❑ ✓ ❑ Comments: a/b. The Town currently does not have an adopted. Climate Action Plan, however the BAAQMD CEQA Air Quality Guidelines ("guidelines") do provide some guidance. The BAAQMD does not have adopted thresholds for construction -related greenhouse emissions; therefore the proposed project would not result in a significant construction - related impact in regards to greenhouse gas emissions (BAAQMD, page 2-6). The guidelines include an operational threshold of significance of 1,100 metric tons of CO2 equivalent per year for new projects (BAAQMD, page 3-1). The guidelines also include screening criteria, which a proposed project may be compared against to evaluate if it would not exceed the threshold. Projects that are below the applicable screening criteria level would exceed the 1,100 metric tons of CO2 equivalent per year threshold of significance. According to table 3-1 in the guidelines, congregate care facilities with 143 dwelling units or less would be below the BAAQMD threshold and would have a less than significant impact (BAAQMD, page 3-2). The proposed project includes the construction of 16 new memory service and ten new assisted living units and would be below the screening criteria threshold of 143 dwelling units. Therefore, the proposed project would not exceed the threshold of significance and would not result significant levels of greenhouse gas emissions. EMC PLANNING GROUP INC. 37 INITIAL STUDY 8. HAZARDS AND HAZARDOUS MATERIALS Would the project: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No 1tpact a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (2,3,4) ❑ ❑ V ❑ b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (2,3,4) ❑ ❑ ✓ ❑ c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (1,4) ❑ ❑ ❑ ✓ d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, create a significant hazard to the public or the environment? (9) ❑ ❑ ❑ ✓ e. For a project located within an airport land- use plan or, where such a plan has not been adopted, within two miles of a public airport or a public -use airport, result in a safety hazard for people residing or working in the project area? (2,3) ❑ ❑ ❑ ✓ f. For a project within the vicinity of a private airstrip, result in a safety hazard for people residing or working in the project area? (2,3) ❑ ❑ ❑ ✓ g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (4) ❑ ❑ ❑ ✓ h. Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands area adjacent to urbanized areas or where residences are intermixed with wildlands? (2,3) ❑ ❑ ❑ ✓ 38 EMC PLANNING GROUP INC. TERRACES OF' LOS GATOS - Comments: a/b. The proposed project would not result in a significant impact due to the transport, use, or routine disposal of any hazardous materials. The proposed project may result in the generation of some medical waste related to the daily functions of the nursing facility. However, these wastes would be disposed of in compliance with California State law and would not result in the accidental release of hazardous materials into the environment. c. According to Figure OSP-1 of the general plan, the project site is within one -quarter mile of three school facilities, including Blossom Hill Elementary School, Louis Van Meter Elementary School, and Raymond J. Fisher Jr. Middle School (general plan, page OSP-4). Although the project site is located within one -quarter mile of existing schools, the nature of the proposed project would not create a significant risk associated with the emission of hazardous emissions, substances, or waste. As discussed above, the proposed project may result in the generation of some medical waste associated with the skilled nursing facility, however all medical waste would be handled and disposed of in accordance with California State law and would not pose a significant risk to the students in the nearby schools. d. According to the California Department of Toxic Substances Envirostor website, there are no hazardous waste sites subject to Government Code section 65962.5 located on the project site. e/f. There are no airports or private airstrips located within two miles of the Town (general plan DEIR, page 4.7-7). g. The project site is currently developed with a parking lot for an existing skilled nursing and assisted living facility. Development of the project site would not physically interfere with an adopted emergency response plan or emergency evacuation plan. h. According to Figure 4.7-1 in the general plan DEIR, the project site is not located within a wildland fire severity zone. The project site is within an already urbanized area and the proposed project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. EMC PLANNING GROUP INC. 39 INITIAL STUDY 9. HYDROLOGY AND WATER QUALITY Would the project: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Violate any water quality standards or waste discharge requirements? (2,3,4,6) ❑ ❑ ❑ ✓ b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., would the production rate of preexisting nearby wells drop to a level which would not support existing land uses or planned uses for which permits have been granted? (2,3,4) ❑ ❑ ❑ ✓ c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (4) ❑ ❑ ✓ ❑ d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface run-off in a manner which would result in flooding on- or off -site? (4) ❑ ❑ ✓ ❑ e. Create or contribute run-off water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? (2,3,4) ❑ ❑ ❑ ✓ f. Otherwise substantially degrade water quality? (2,3,4,6,11) ❑ ✓ ❑ ❑ g. Place housing within a 100-year flood hazard area as mapped on Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (12) ❑ ❑ ✓ ❑ h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (12) ❑ ❑ ✓ ❑ 40 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact i. Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? (2,3) ❑ ❑ ❑ ✓ j. Cause inundation by seiche, tsunami, or mudflow? (2,3) ❑ ❑ ❑ ✓ Comments: a. The proposed project would connect to the Town's existing wastewater system and would not result in any water quality violations. b. The general plan includes goals, policies and actions that ensure that build out of the general plan would not result in the depletion of the groundwater basin. The proposed project is consistent with the general plan (general plan DEIR, page 4.8-18). The proposed project would increase impervious surfaces by 1,061 square feet, but would not interfere with groundwater recharge. The proposed project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge. c-e. The project site is currently developed with a parking lot and the proposed project would result in the development of the project site with a skilled nursing and assisted living building. The proposed project would increase impervious surfaces by 1,061 square feet, but would not result in a substantial increase in storm water runoff coming from the project site. The proposed project also includes on -site bioretention cells that would collect storm water and reduce runoff from the project site in accordance with Regional Water Quality Control Board standards (discussed below). The proposed project would not substantially alter existing drainage patterns in a way that would result in on- or off - site erosion, siltation, or flooding and would not result in storm water runoff levels that would exceed the capacity of the existing system. f. Water quality degradation is regulated by the National Pollutant Discharge Elimination System (NPDES) program. 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 NPDES permitting program is administered by the State Water Resources Control Board through nine Regional Water Quality Control Boards. The NPDES permit for the Town 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 EMC PLANNING GROUP INC. 41 INITIAL STUDY NPDES permit to discharge storm water to San Francisco Bay. To reduce pollution in urban runoff to the "maximum" extent practicable, the SCVURPPP incorporates regulatory, monitoring, and outreach measures aimed at improving the water quality of southern San Francisco Bay and the streams of Santa Clara Valley. The proposed project has the potential to impact water quality with runoff from erosion and siltation during operational and construction phases. All short-term construction projects larger than one acre in size are required to submit a NPDES Construction General Permit to the State Water Resources Control Board for approval. The proposed project would disturb an area less than one acre in size, and the applicant would not be required to obtain coverage under the State Construction General Permit. However, the proposed project would have to comply with the storm water requirements in the Town of Los Gatos NPDES permit. On December 1, 2011, new Low Impact Development treatment requirements in the Town's NPDES permit will take effect. New measures include infiltration, evapotranspiration, and rainwater harvest and reuse. Chapter 12, Grading, Erosion and Sedimentation Control, of the Town Code establishes administrative procedures, standards for review and implementation, and enforcement procedures to control erosion, sedimentation, and increases in surface water runoff from construction -related activities (general plan DEIR, page 4.8-19). The general plan also includes several goals and policies that would reduce the amount of erosion and siltation that occurs within the Town. Compliance with the NPDES permit requirements, Chapter 12, Grading, Erosion and Sedimentation Control in the Town Code, and the goals and policies of the general plan would reduce the proposed project's construction impacts on erosion, siltation and flooding to a less than significant level (general plan DEIR, page 4.8-20). The implementation of mitigation measure HYD-1 would reduce the impact to a less than significant level. The proposed project would result in an increase in impervious surfaces on the project site of 1,061 square feet and will create and replace a total of 14,590 square feet. A Conceptual Storm Water Control Plan was prepared for the proposed project. A copy of the Conceptual Storm Water Control Plan can be found in Appendix A, Complete Plans. The Storm Water Control Plan includes the installation of a linear bioretention cell with three segments along the east side of the building, receiving runoff from about a third of the roof area, and two smaller bioretention cells, receiving runoff from small sections of roof area on the north and south sides of the building. A Kristar Up -Flo media filter would receive runoff from the remainder of the roof and patio area with some landscaping and hardscaping. Eisenberg, Olivieri & Associates conducted a review of the Conceptual Storm Water Control Plan and prepared a memo dated July 18, 2011 summarizing their findings. The memo concluded that the bioretention cell design is acceptable, but that soil media for the bioretention cell should conform to the San 42 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS Francisco Bay Municipal Regional Permit -required "Model Bioretention Soil Media Specification" or equivalent. In addition, appropriate plants should be selected for the bioretention cells that will enhance the function of the units. The bioretention cells would collect and treat on -site storm water runoff and would reduce the impact of runoff during the operational phase of the project to a less than significant level. g/h. According to the geology investigation• prepared by Zinn Geology for the proposed project, the project site is located within Zone X of the most recent issue of the Federal Emergency Management Agency Flood Insurance Rate Map. Zone X is defined as an area of "0.2% annual chance of flood; areas of one percent annual chance of 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 annual chance flood." Therefore, the risk of flooding to the proposed project is low and no mitigation is required (Zinn, page 14). i/j. According to general plan DEIR Figure 4.8-2, the project site is not located within an area prone to dam inundation. The project site is relatively flat and. is not located adjacent to any bodies of water. The proposed project is not at risk of inundation by tsunami, seiche, or mudflow. Mitigation Measure HYD-1. All recommendations listed in the July 18, 2011 Eisenberg, Olivieri & Associates memo shall be implemented. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. HYD-2. If the proposed projectdoes not receive final discretional)) approval by the Town before December 1S; 2011, the project will need to comply with the Low Impact Development treatment requirements in the Town's NPDES permit. Media Filter system will not be allowed if the project does not receive final discretionary approval from the Town prior to December IS`, 2011. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. EMC PLANNING GROUP INC. 43 INITIAL STUDY 10. LAND USE AND PLANNING Would the project: Potentially Significant Impact Less -than -Significant Lnpact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Physically divide an established. community? (4,5) ❑ ❑ ❑ ✓ b. Conflict with any applicable land -use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (1,4,6) ❑ ❑ ❑ V c. Conflict with any applicable habitat conservation plan or natural community conservation plan? (2,3,4) ❑ ❑ ❑ V Comments: a-c. The project site is currently developed with a parking lot and is surrounded by an existing skilled nursing and assisted living facility to the north and east, residences to the south, and a shopping center to the west. The development of the project site would not physically divide an established community. The project site is designated as high density residential and is within the Multi -family Residential/Planned Development (RM-12-20:PD) district. The proposed project is the expansion of an existing allowed use within that district and would not conflict with the general plan or zoning code. The proposed project would not conflict with any applicable land use plans or policies adopted for the purpose of avoiding or mitigating an environmental effect. The proposed project would not conflict with any habitat conservation plan or natural community conservation plan (general plan DEIR, page 4.3-31). 44 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS 11. MINERAL RESOURCES Would the project: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Result in loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (2,3) ❑ ❑ ❑ ✓ b. Result in the loss of availability of a locally important mineral resource recovery site delineated in a local general plan, specific plan, or other land -use plan? (2,3) ❑ ❑ ❑ ✓ Comments a/b. There are no significant mineral resources within the Town of Los Gatos (DEIR, page 4-1). The proposed project would not result in any impact to mineral resources. EMC PLANNING GROUP INC. 45 INITIAL STUDY 12. NOISE Would the project: .Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less Than- Significant Impact No Impact a. Result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or in applicable standards of other agencies? (2,3,4,6) ❑ ❑ V ❑ b. Result in exposure of persons to or generation of excessive ground -borne vibration or ground borne noise levels? (4) ❑ ❑ ❑ ✓ c. Result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (2,3,4,6) ❑ ❑ ❑ ✓ d. Result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (2,3,4,6) ❑ ❑ ✓ ❑ e. For a project located within an airport land- use plan or, where such a plan has not been adopted, within two miles of a public airport or public -use airport, expose people residing or working in the project area to excessive noise levels? (2,3) ❑ ❑ ❑ ✓ f. For a project located within the vicinity of a private airstrip, expose people residing or working in the project area to excessive noise levels? (2,3) ❑ ❑ ❑ ✓ Comments: a/c/d. The proposed project would result in the construction of a two-story addition to an existing skilled nursing and assisted living facility. Construction Impacts. Construction activities would result in temporary short-term noise increases due to the operation of heavy equipment. Construction -related noise can range from about 76 to 85 dBA at 50 feet for most types of construction equipment with slightly higher levels of about 88 to 91 dBA at 50 feet for certain types of earthmoving and impact equipment. The project site is located adjacent to an existing skilled nursing 46 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS and assisted living facility, as well as existing residences. Sensitive receptors in these uses may be impacted by construction -related noise. The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours of 8:00 am to 8:00 pm on weekdays and 9:00 am to 7:00 pm on weekends and holidays. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. The general plan DEIR states that adherence to the Town's Noise Ordinance would reduce potential construction -related noise impacts to a less than significant level (general plan DEIR, page 4.10-16). The proposed project would comply with the Town's noise ordinance and the impact would be less than significant. Operational Impacts. During the operational phase, the proposed project would not result in noise levels significantly beyond what is currently experienced at the site. Due to the nature of the proposed project, the residents at the facility would not result in a substantial increase in vehicle trips to the project site. New vehicle trips would occur from the six additional employees that would be hired for the proposed addition, as well as family members and guests coming to visit the residents. However, the number of vehicle trips associated with these employees and guests would be minimal and would not result in a substantial increase in noise. The proposed building includes some rooftop equipment and that may create minimal noise. Operations, including rooftop equipment and loading activities, would be required to comply with the Town's noise ordinance, which limits noise levels to 55 dBA from 6:00 am to 1:00 pm, 59 dBA from 1:00 pm to 10:00 pm, and 48 dBA from 10:00 pm to 6:00 am. The proposed project would comply with the Town's noise ordinance and the impact of noise generated by the proposed project would be less than significant. Blossom Hill Road is the largest source of noise within the vicinity of the project site. The proposed project includes the construction of assisted living and memory service units where sensitive receptors would reside that may be impacted by traffic -related. noise. The project site is located in the southwest corner of the existing skilled nursing and assisted living facility and is not located directly adjacent to Blossom Hill Road. The existing facility buildings would also act as a noise buffer between the traffic noise and the proposed project and the impact would be less than significant. The proposed project would not result in the exposure of persons to or generation of noise levels in excess of the Town standards or to a substantial temporary or permanent increase in ambient noise levels in the project vicinity above levels existing without the project. EMC PLANNING GROUP INC. 47 INITIAL STUDY b. The proposed project would not result in any ground -borne vibrations either during the construction or operational phases. e/f. There are no airports or private airstrips located within two miles of the Town (general plan DEIR, page 4.7-7). 48 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS 13. POPULATION AND HOUSING Would the project: Potentially Significant Impact _ Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Induce substantial population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? (4) ❑ ❑ ✓ ❑ b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (4) ❑ ❑ ❑ ✓ c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (4) ❑ ❑ ❑ ✓ Comments: a-c. The project site is currently developed with a parking lot for an existing skilled nursing and assisted living facility. The proposed project includes the construction of 16 new memory service units and ten new assisted living units, for a total of 26 new units. The proposed project would provide additional housing units within a high density residential zone district consistent with Town plans, but would not induce substantial population growth, and would not displace any housing or people, necessitating the construction of replacement housing elsewhere. EMC PLANNING GROUP INC. 49 INITIAL STUDY 14. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the following public services: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than- Significant Impact No Impact a. Fire protection? (4) ❑ ❑ ✓ ❑ b. Police protection? (4) ❑ ❑ ✓ ❑ c. Schools? (4) ❑ ❑ ❑ ✓ d. Parks? (4) ❑ ❑ ❑ ✓ e. Other public facilities? (4) ❑ 0 0 ✓ Comments: a-e. The proposed project includes the construction of 16 new memory service units and to new assisted living units, for a total of 26 new units. However, due to the nature of the population that would live in the proposed project, no significant increase in demand on public safety services is expected. The proposed project would not result in any increased demand for school, park, or other public facilities. Police and fire service is already provided to the existing skilled nursing and assisted living facility and the service would extend to encompass the new units that are part of the proposed project. The proposed project would not result in an increase in demand for public services that would require new or physically altered governmental facilities, the construction of which could cause significant environmental impacts. 50 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS 15. RECREATION Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (4) ❑ ❑ ❑ ✓ b. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? (4) ❑ ❑ ❑ ✓ Comments: a/b. The proposed project includes the construction of 16 new memory service units and ten new assisted living units, for a total of 26 new units. However, due to the nature of the population that would live in the proposed project, no increase in demand on neighborhood and regional parks, and recreational facilities is expected. The proposed project and the existing facility provide social and recreational facilities on site. The proposed project would not result in a substantial increase in the use of existing recreational facilities and would not require the construction or expansion of these facilities. EMC PLANNING GROUP INC. 51 INITIAL STUDY 16. TRANSPORTATION/TRAFFIC Would the project: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? (2,3,4) ❑ ❑ V ❑ b. Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? (2,3,4) ❑ ❑ ✓ ❑ c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (4) ❑ ❑ ❑ ✓ d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (1,4) ❑ ❑ ❑ ✓ e. Result in inadequate emergency access? (1,4) ❑ ❑ ❑ ✓ f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decreased the performance or safety of such facilities? (1,3,4) ❑ ❑ ✓ ❑ Comments: a/b. 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 (general plan, page TRA-7). Due to the nature of the proposed 52 EMC PLANNING GROUP INC. TERRACES OF Los GATOS development, the residents living at the proposed project would result in minimal or no additional vehicle trips. New vehicle trips would result from the six additional employees that would be hired for the proposed addition, as well as family members and guests coming to visit the residents. However, the number of vehicle trips associated with these employees and guests would be minimal and would not result in a substantial increase in vehicle trips and a detailed traffic study is not required. Level of service D is an acceptable level of traffic in the Town (general plan EIR, page 4.13-2). According to Table 4.13-3 of the general plan EIR, the intersection of Blossom Hill Road and Cherry Blossom Lane is currently at level of service B. The proposed project would result in minimal trips to the project site and would not result in the level of service dropping below an acceptable level. General plan policy TRA-13.2 states that all new development should provide an adequate number of parking spaces (general plan, page TRA 39). The skilled nursing and assisted living facility currently has 297 parking spaces. This includes 154 spaces in the garage, six in the carport, 14 for the patio homes, 89 surface spaces in the parking lot, and 34 spaces at the adjacent Presbyterian Church. The proposed project would decrease the number of surface spaces in the parking lot by 38, but would increase the number of spaces available at the Presbyterian Church by 20, for a total of 279 spaces. The Planned. Unit Development for the skilled nursing and assisted living facility requires a total of 258 parking spaces. Therefore, the proposed project would provide an excess of 21 spaces. The proposed project would provide adequate parking and would not conflict with Town policies. c. The proposed project is two -stories in height and there are no airports or private airstrips located within two miles of the Town (general plan DEIR, page 4.7-7). The proposed project would not result in the change of any air traffic patterns. d/e. General plan policy TRA-2.4 states that new development shall minimize the number of driveway openings and curb cuts (general plan, page TRA 22). The skilled nursing and assisted living facility, including the project site, is currently accessed from two separate driveways off of Blossom Hill Road and Cherry Blossom Lane. The proposed project would use the same access points and would not result in any new access points onto any roads in the Town. No new' safety impacts would occur due to new driveway configurations or turn lanes on to existing roads and. the proposed project would not impact emergency access to the site or throughout the Town. The proposed project would not result in any hazards due to design features and would not result in inadequate emergency access. EMC PLANNING GROUP INC. 53 INITIAL STUDY f. Policy TRA-9.5 in the general plan requires alternative transportation means whenever the traffic generated by a development would result in a significant increase in air pollution, traffic congestion, or noise. Policy TRA-9.6 requires development proposals to include amenities that encourage alternate forms of transportation that reduce pollution or traffic congestion (general plan, page TRA-33). The proposed project would not result in significant increases in air pollution, traffic congestion, or noise and would not be required to implement alternative transportation means. The proposed project is not expected to generate a significant volumes of pedestrian or bicycle traffic, and therefore, no significant impacts on pedestrian or bike lane capacities are expected. Class II bicycle lanes are located along Blossom Hill Road to the north of the project site and along Cherry Blossom Road to the east of the project site (general plan FEIR, page 3-39). The proposed project would not alter any bicycle lanes located adjacent to the site, and would develop new on -site walkways; therefore, the proposed project would not impact pedestrian or bicycle safety. 54 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS 17. UTILITIES AND SERVICE SYSTEMS Would the project: Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (4) ❑ ❑ ❑ V b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (2,3,4,10) ❑ ❑ ✓ ❑ c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (4) ❑ ❑ ✓ ❑ d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (2,3,4) ❑ ❑ • ❑ ✓ e. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has inadequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (2,3,4) ❑ ❑ ❑ V f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid -waste disposal needs? (2,3) ❑ ❑ ✓ ❑ g. Comply with federal, state, and local statues and regulations related to solid waste? (2,3) ❑ ❑ ✓ ❑ Comments: a. The proposed project would connect to the Town's existing wastewater system and would not result in an exceedance of wastewater treatment requirements of the Regional Water Quality Control Board. EMC PLANNING GROUP INC. 55 INITIAL STUDY b. Utilities are currently not provided to the project site, but are available adjacent to the project site within the same property. A conceptual utility plan was prepared for the proposed project illustrating how the proposed project would connect to existing sewer and water pipelines. A copy of the plan can be found in Appendix A, Complete Plans. The West Valley Sanitation District system within the Town of Los Gatos consists of gravity mains ranging from six 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 (general plan EIR, page 4.14- 17). To serve the project site with sewer collection, a new six-inch sewer line would run to the east from the southeast corner of the project site and would connect with an •existing eight -inch sewer line. The extension and use of the on -site sewer line would not result in a significant impact on wastewater collection and treatment facilities serving the site. There is adequate capacity for the treatment of the sewer that would be generated by the proposed project and would not require the construction of new or expanded sewer collection and treatment facilities. The project site would connect to the Town's existing water system for both domestic and fire water. The fire department requires provisions of an approved, automatic fire sprinkler system in the proposed building. The proposed project includes the installation of a private four -inch domestic water line that that would be installed in a trench along the eastern side of the new building. The new domestic water line would connect to an existing three-inch line located to the north of the proposed building. A new eight -inch fire water line would be installed in the same trench and would connect to an existing six-inch fire service water line to the north of the proposed building. The extension and use of the existing on -site water line would not result in a significant effect on water service facilities needed to serve the project site and there is adequate water to serve the proposed project. c. The project site is currently developed with a parking lot and the proposed project would result in the development of the project site with a skilled nursing and assisted living building. The proposed project would result in an increase in impervious surfaces of 1,061 square feet, but would not result in a substantial increase in storm water runoff coming from the project site, due to the new on -site bioretention cells that would collect storm water and reduce runoff from the project site. Therefore, the proposed project would not result in a significant increase in storm water runoff coming from the project site and would not require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. 56 EMC PLANNING GROUP INC. TERRACES OF LOS GATOS d. The Rinconada Treatment Plant supplies water to both residential and commercial users within the Town (general plan EIR, page 4.14-14). The San Jose Water Company has been the Town's water service provider since 1870 and supplies domestic water to Los Gatos, Monte Sereno, San Jose, Campbell, Saratoga, and Cupertino. The Town receives its water supply from groundwater, imported surface water, and local raw mountain surface water (general plan EIR, page 4.14-12). According to the general plan EIR, the San Jose Water Company would have sufficient capacity of water from the three existing sources based on population and demand projection discussed in the general plan (general plan EIR, page 4.14-22). The proposed project is consistent with the general plan and there would be sufficient water supplies available to serve the project and no new or expanded entitlements would be required. e. The San Jose/Santa Clara Pollution Control Plant treats and cleans the wastewater for the Town and has the capacity to treat 167 million gallons per day of wastewater (general plan EIR, page 4.14-17). The West Valley Sanitation District 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. West Valley Sanitation District serves approximately 112,000 persons, including the most of the population of the Town. In 2004-2005, the West Valley Sanitation District had a fixed allocation of the control plant 13.052 million gallons per day. The same year, the West Valley Sanitation District collected and conveyed 10.675 million gallons per day of wastewater, which is far less than its allocated capacity. The West Valley Sanitation District currently has excess capacity, and has even sold some capacity to the City of Milpitas in 2006 (general plan EIR, page 4.14-18). Therefore, there would be adequate capacity to serve the proposed project. f/g. The West Valley Collection & Recycling, LLC is the recycling, green waste, and garbage hauler for the Town (general plan EIR, page 4.14-18). All waste is transported directly to the Guadalupe Landfill, located at 15999 Guadalupe Mines Road in the City of San Jose (general plan EIR, page 4.14-19). The landfill has a permitted capacity of 16.5 million cubic yards. At the end of 2008, the remaining capacity is 11.7 million cubic yards and the landfill is expected to reach its capacity in 2031 (general plan EIR, page 4.14-19). Therefore, there- is adequate capacity at the landfill for the solid waste that would be generated by the proposed project. The proposed project would comply with federal, State, and local statutes and regulations related to solid waste and recycling and no significant impact would occur. EMC PLANNING GROUP INC. 57 INITIAL STUDY 18. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Less -than -Significant Impact with Mitigation Measures Incorporated Less -Than - Significant Impact No Impact a. Does the project have the potential to degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or animal community; substantially reduce the number or restrict the range of an endangered, rare, or threatened species; or eliminate important examples of the major periods of California history or prehistory? (2,3,4) ❑ ✓ ❑ CI b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) (1,2,3,6,7,8,9) ❑ ❑ ✓ ❑ c. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? (1,2,3,6,8) ❑ ✓ ❑ ❑ Comments: a. The proposed project has the potential to result in significant impacts to nesting raptor and bat populations during tree removal or construction activities. The implementation of mitigation measures BIO-1 and BIO-2 would reduce these impacts to a less than significant level. The proposed project has the potential to disturb unknown cultural and historic resources and/or unknown human remains. The implementation of mitigation measures CR-1 and CR-2 would reduce these impacts to a less than significant level. b. All potential impacts associated with the proposed project can be mitigated to a less than significant level and the proposed project would not result in any impacts that are individually limited, but cumulatively considerable. 5s EMC PLANNING GROUP INC. TERRACES OF LOS GATOS c. The proposed project has the potential to cause human harm by resulting in air quality emissions associated with construction activities. The implementation of mitigation measures AQ-1. and AQ-2 would reduce these impacts to a less than significant level. The proposed project has the potential to expose people to substantial adverse effects, including the risk of loss, injury, or death involving, fault rupture, seismic shaking, or unstable soil units. The implementation of mitigation measure GEO-1 would reduce this impact to a less than significant level. The proposed project has the potential to impact water quality with runoff from erosion and siltation during operational and construction phases. This impact on water quality could result in environmental effect that could cause human harm. The implementation of mitigation measures HYD-1 and HYD-2 would reduce these impacts to a less than significant level. The proposed project would not result in any environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly. EMC PLANNING GROUP INC. 59 INITIAL STUDY E. SOURCES 1. Town of Los Gatos General Plan. March 10, 2010. 2. Town of Los Gatos Draft 2020 General Plan EIR. March 10, 2010 3. Town of Los Gatos Final General Plan EIR. June 16, 2010. 4. Project plans. March 9, 2011. 5. Aerial Photograph. Google Earth. May 2, 2011. 6. Town of Los Gatos Municipal Code, May 16, 2011. 7. Boulder Associates Architects. 800 Blossom Hill Road Shade Study. March 9, 2011. 8. Bay Area air Quality Management District CEQA Guidelines. May 2011. 9. California Department of Toxic Substances Envirostor website. Accessed on July 20, 2011 at http://www.envirostor.dtsc.ca.gov. 10. Fire Department Santa Clara County. Development Review Comments. June 29, 2011. 11. Eisenberg, Olivieri & Associates. 800 Blossom Hill Road — The Terraces of Los Gatos Review of Project Submittals for Compliance with Stormwater Requirements. July 18, 2011. 12. Zinn Geology. Engineering Geology Investigation Proposed Assisted Living Addition Terraces of Los Gatos 800 Blossom Hill Road Los Gatos, California. July 20, 2011. 13. Butano Geotechnical Engineering, Inc. Geotechnical Investigation Design Phase for 800 Blossom Hill Road, Los Gatos, California. July 27, 2011. 14. Arbor Resources. A Tree Inventory and Review of the Proposed Project at 800 Blossom Hill Road Los Gatos, California. May 6, 2011. 15. Amec. Peer Review — Engineering Geologic and Geotechnical Investigation Reports and Plans. August 22, 2011. All documents indicated with bold numbers are available for review at the Town of Los Gatos Community Development Department, 110 East Main Street, Los Gatos, CA 9503, (408) 354-6874 during normal business hours. All documents listed above are available for review at EMC Planning Group Inc., 301 Lighthouse Avenue, Suite C, Monterey, California 93940, (831) 649-1799 during normal business hours. 60 EMC PLANNING GROUP INC. MITIGATION MONITORING PLAN 0 O 0 z O O �-I 0 0 S 0 E D O N CDO .n CO E O ID CUtV) 0 a i2,1 ;ry•;_ ez., C 0 U O -, 4-, C O u tuo L O Responsibility C O > >^ a) C E O en, ci E C EE O '�' `6 E > COQ 'a 0 a) a) Monitoring Action M Q) v) U (0 C -0 ra .0 a) E L L. (13 C O -p o- a) a) a, ® tb rat '�m AIR QUALITY C C C aA �, a) a) >, a) v) a, -0 a) L O +-' CO v C O ra C 'O .0 ca ..0 M O ,-1 -0 a) a) 4_, ca d. `.. U i2 L. — - w C ut — C 7 0 L.O ra i 0 C Q) a) Ca +O-, WI pZ. C p }' hC0 S2vt O -C 11) • ra 0 v, !Z C C C -0Ci > C D. N +' a1 to ut s? E C H i }, ,= a) O �c 0 tww •c -a u E o a a) a, C 0. 3„ .. U" o , 2 0 a)- � o f un _ t U of U p g h p a .� G2 >�. 76 'U a) C a) "� m ,0 ® C- FRS (0 E v) .� rts -0 cu Q v, C �- -0- vt E O (a cn. OL u C -2 Q O C , U i3 _ C 0) - 4-, -C- " V, dA .�.' • C 4-' C ra L) C aJ j C - u 0. a) -0 a, •- O 0 0 m C a� N O p ro O ® ca ® ra '.p C.0 ,C3 U © 0 O 475 C C E U - E C Q- NC. o m 'S ° ro Q. a) E E. ca u c o E -C ra N T. "C3 ® 4.... +-, 0 a) to ,O .0 3 R C U E 4— a) �• 4--, 4 0 a) v C Ca C •.' v ..8 v, -•p c *' E O tto f° a) v +-' = L. sr -CI 0LI C ® C ic ro roc-O .-'' v, O2 p -C3 'C pp -O ra C �. 'a N -o a) hC. ca E O C _ C a3 L M M 'o C O 0N 'Z} 'N p L to i f0 'a-' iS C iro al a) E L a) v U s o O " Q ra ut N C ra U b > v, ..Li. cj ,C 4-' ._ O L- 0 _YC E 4' ab) 0 C bA C m e C `� I-- ,-, > 'S2 C ra ,v, N E c U® E ro. i t _ p to i6 U O O- a) O t - a) OL)C O a) 'u .E .R3 3 0 a- U O C U _- a ,i) ^�, 'C v) +' '� .O E C a '> p .> s3 Q Z7 O L p C E .B '( v i -.�io as �' O O ai- u p it-3 © 0 L in 'TJ ra bA = LJ 4--- u a) cr C -0 a) a) Q U 'U v u in 3,+,ai C •E C" �j is c 0... Q O o N 0. -0 a) +, V Q) a) v; O -p V, O U +' 0 " m co a ar°i ca ® co v a E to a. co o40 N an) o o v o> °; v C a) ' • C > c +�.' a) a) C '0 U 'a (0 a) 4. E C �-+ i 4' U ra `O -a Q.. Q L. .3 +' � C a u ro ca uu •Q 0 4.... v� a) ,no 0 .ra Ct o u ca t �= o °�° ^ ? N>_ 2 .E C L C v u o o a ai ~ (0c O 'c , a) g • -a E g O o �) p ra a) C C C E I- a) -0 ro co v, .0 v, u L f-- J ai u 0. 3 v � Q- ao .� u uo .c u .0 U e-I ATTACHMENT MITIGATION MONITORING PLAN &}� 3 E\/. � }0 ( }3 {0 § » .. 0 £ _ k § o k CC ! /> « ;c }c2 0 . .. _ '0 . . ® . .. a0 fl. u Monitoring Action » e \ / L. / / /f C }\f . . .. Mitigation BIOLOGICAL RESOURCES The following avoidance measures shall be required to avoid the project's potential effects on migratory and special -status bird species. a. The removal of trees and shrubs shall be minimized to the extent practicable. b. If tree removal, pruning, or grubbing activities are necessary, such activities should be conducted outside of the breeding season (i.e., September 1 and January'31) to avoid impacts to nesting birds. c. If project site clearing and construction activities begin during the breeding season (Le., February Ito August 31)=preconstruction surveys shall be conducted within the project footprint and a 300-foot buffer, as feasible, by a qualified biologist no more than `two'weeks prior to equipment or material staging, pruning/grubbingor surface disturbing activities. If no active nests are detected, no further surveys'or monitoring is necessary. d. ' If active nests (nests with eggs or young birds present) are found, non -disturbance buffers shall be established at a distance' sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair's tolerance to disturbance and the type/duration of potential disturbance. No work shall occur within the non -disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in cooperation with the California Department' of Fish and Game (CDFG) and the United States Fish and Wildlife Service (USFWS), but is typically recognized as 50 feet for songbirds and 300 feet for raptors. If buffers are established and it is determined that project activities are resulting in nest disturbance, work should cease immediately and the CDFG and the USFWS Migratory Bird Permit Office should be contacted for further guidance. MITIGATION MONITORING PLAN b » § \ /_ 0 o o ) 2 Prior to and during construction During construction �2 _ i \- -\ } During construction Responsibility Planning and Building Divisions, CDD Planning and Building Divisions, CDD � } Planning Division, CDD : ! £ \ 1 } \ tio \c 2 _. /\ E / ,.., Monitoring Action n / Required as a performance standard Required as a performance standard »: Required as a performance standard G c 7 7 \ 5 0 = e t § ƒ \ & Z BIOLOGICAL RESOURCES The following avoidance measures shall be required to avoid the project's potential effects on special -status bat species. a. The removal of potential roosting habitat including mature trees, snags, rotten stumps, decadent trees with broken limbs, exfoliating bark, cavities, etc. should be minimized to the extent practicable. b. Preconstruction surveys shall be conducted to identify if bats are using the existing structures for roosting. If no evidence of roosting is detected, no further avoidance or minimization measures are necessary. If bats are using on -site structures for roosting, CDFG should be contacted for authorization to modify the roosting habitat to discourage bats from roosting within the structures. The applicant shall comply with the Town of Los Gatos Tree Protection Ordinance and a tree removal permit shall be obtained from the Town for the removal of any onsite trees that qualify as a protected tree. Additionally, no new trees on site shall have a trunk diameter of less than 1.5 inches, and protective construction fencing for all trees shall be in place prior to the commencement of any site work. Any trenching within the dripline of existing trees shall be hand dug. The applicant shall implement recommendations made by the Town's Consulting Arborist. Refer to the May 6, 2011 report by Arbor Resources for details. CULTURAL RESOURCES In the event that significant paleontological, historic, and/or archaeological remains are uncovered during excavation and/or grading, all work shall stop in the area of the subject property until an appropriate data recovery program can be developed and implemented by a qualified archaeologist. /0 @ 7 2 MITIGATION MONITORING PLAN I 0 9 t-i 0 0 o Q a-� 6 CO 0 cc 0 = • E D O N N O .O 00 E o • o • 00 Q .G. v 0) W uJ a ° 6 a .� Ej 2 HS p to .0 C , 4-, C O L •v be. .O L •L O C Q 'Q 0 , : } 1' Building plan check, during construction o o. 'aa . 0 Ci n. U jg vf s3 YaxTY Engineering Division, PPW and Building Division, CDD Monitoring Action F3 ty fa co C -0 E .0 5 O "0 ca 0' Q VI .i Required as a performance standard Mitigation CULTURAL RESOURCES If human remains are found during construction activities, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the archeological monitor and the coroner of Santa Clara County are contacted. If it is determined that theremains are Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission : shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then' make recommendations to the landowner or the person responsible for the excavation work, for means of treating' or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code section 5097.98. The landowner or:his, "authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: (a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by -the commission; (b) the descendent identified fails to make a recommendation; or (c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the. landowner. GEOLOGY AND SOILS The applicant shall include in the project design all design recommendations included in the Zinn Geology and Butano Geotechnical Engineering, Inc. reports, and the AMEC Geomatrix Consultants, Inc. peer review letter dated August 22nd, 2011. MITIGATION MONITORING PLAN 9 / z 9 / 0 0I E N om §8 /\ \\ Timing ( } Building plan check, during construction Building plan check § \ 1 E / 3 c k 0 / . } Engineering Division, PPW and Building Division, CDD Engineering Division, PPW and Building Division, CDD h = c / co / \ / £ _ 'S $ / 3 / 3 Monitoring Action \:- Required as a performance standard Required as a performance standard j ) k � / 5 / / ƒ k f Mitigation HYDROLOGY AND WATER QUALITY All recommendations listed in the July 18, 2011 Eisenberg, Olivieri & Associates memo shall be implemented. If the proposed project does not receive final discretionary approval by the Town before December 1, 2011, the project will need to comply with the Low Impact Development treatment requirements in the Town's NPDES permit. Media Filter system will not be allowed if the project does not receive fins/ discretionary approval from the Town prior to December 1st, 2011. AIR QUALITY To limit the project's construction -related dust and criteria pollutant emissions on sensitive receptors in the area, the following applicable BAAQMD-recommended Optional Construction Measures shall be included in the project's grading plan, building plans, and contract specifications. a. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. b. Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas. c. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph. d. Limit the area subject to excavation, grading and other construction activity at any one time. This Page Intentionally Left Blank TOWN COUNCIL — NOVEMBER 7, 2011 REQUIRED FINDINGS FOR: 800 Blossom Hill Road Planned Development Application PD-11-001 Mitigated Negative Declaration ND-11-005 Requesting approval of a modification of an existing Planned Development to construct a new memory services and assisted living building on a site that currently contains assisted living and skilled nursing facilities (The Terraces of Los Gatos) on a property zoned RM-12:20:PD. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN 523-05-001. PROPERTY OWNER: ABHOW, Russell Mauk APPLICANT: Dan Schneider, Boulder Associates Architects FINDINGS: Required consistency with the Town's General Plan: The proposed Zone Change is internally consistent with the General Plan and its elements. Required consistency with the Town's Traffic Policy for community benefit: 0 The proposed project will provide needed assisted living units and a memory service facility for patients with Alzheimer's disease or similar disorders. The minimal increase in traffic that will be generated by the facility will be offset by the vital senior services that will be provided. N:\DEV\FINDINGS\2011 \B HR800-PD.DOC ATTACHMENT 3 This Page Intentionally Left Blank ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1788 TO ALLOW A NEW MEMORY SERVICE AND ASSISTED LIVING BUILDING FOR PROPERTY LOCATED AT 800 BLOSSOM HILL ROAD (APN 523-05-001) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The uses authorized by Ordinance 1788 are hereby amended to peiiuit the addition of a memory service and assisted living building on the premises. SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Retention of existing continuing care retirement facility inclusive of 175 independent living units, 35 assisted living units and 59 skilled nursing units. 2. Deletion of 42 surface parking spaces. 3. Construction of a 23,000 square foot building for memory care and assisted living. 4. Landscaping, parking and other improvements shown and required on the Official Development Plans. 5. Uses permitted are retail, service and office uses exclusively for residents and employees of the facility, and those specified in the RM (Multiple -Family Residential) zone by Sections 29.40.610 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they may be amended in the future. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by a Conditional Use Permit. 6. Ordinance 1788 remains valid in conjunction with the amendments made by this Ordinance. Page 1 of 25 ATTACHMENT 4 SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. SECTION IV Architecture and Site Approval is required before construction work for the new building is performed, whether or not a permit is required for the work, and before any permit for construction is issued. Construction permits shall only be in a manner complying with Section 29.80.130 of the Town Code. SECTION V The attached Exhibit A (Zone Change Map), Exhibit B (Official Development Plans), are part of the Official Development Plan. The Official Development Plans of Ordinance 1788 are still valid in conjunction with the amendments made by this Ordinance. The following performance standards must be complied with before issuance of any grading, or construction permits (mitigation measures are so noted and are flagged with an asterisk): TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are conceptual in nature. Final building footprints and building designs shall be determined during the Architecture and Site approval process. Colors and building materials shown on the Official Development Plan are not approved and shall be reviewed during the Architecture and Site approval process. 2. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement, from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the peitiiit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. Page2 of 25 3. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site (A&S) application and approval are required for the new building. Architectural details, shall be refined as part of this process with input from the Town's Consulting Architect. The Development Review Committee may be the deciding body for the Architecture and Site applications. 4. BELOW MARKET PRICE (BMP) UNITS. Twenty nine (29) of the independent living units shall be Below Market Price units, as defined by the General Plan and Zoning Ordinance. 5. RESIDENCY. Residents in this project shall be restricted to persons who are sixty-two (62) years of age or older, or married couples living together when at least one spouse is sixty-two years of age or older and each other resident, except the spouse of cohabitant of the senior citizen, or a person who resides with and provides primary or physical or economic support it the senior citizen, shall be 45 years of age or older. Higher minimum age limits established by private restrictions are not allowed. 6. TEMPORARY RESIDENCY. Temporary residency by a person of less than 45 years of age shall be permitted for specified periods of not less than 60 days in any calendar year. 7. CHANGES IN RESIDENCY. Upon death or dissolution of marriage, or upon hospitalization, or other prolonged absence of the senior citizen, any other person who was a qualified permanent resident pursuant to the provisions of this section shall be entitled to continue in residence. 8. SETBACKS. The minimum setbacks are those specified by the RM zoning district or as otherwise shown on the Conceptual Development Plans. 9. BUILDING HEIGHT. The maximum height of the new building shall be 35 feet. 10. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and directed away from neighboring properties, to shine on the project site only. Lighting shall be the minimum needed for pedestrian safety and security. Lighting specifications shall be reviewed as part of the Architecture and Site process. 11. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed and approved as part of the Architecture and Site process. Minimum tree size at time of planting shall be 24-inch box. Page 3 of 25 12. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review prior to the issuance of a building permit. 13. *BIOLOGICAL RESOURCES MITIGATION MEASURE-1. The following avoidance measures shall be required to avoid the project's potential effects on migratory and special -status bird species. a. The removal of trees and shrubs shall be minimized to the extent practicable. b. If tree removal, pruning, or grubbing activities are necessary, such activities should be conducted outside of the breeding season (i.e., September 1 and January 31) to avoid impacts to nesting birds. c. If project site clearing and construction activities begin during the breeding season (i.e., February 1 to August 31), preconstruction surveys shall be conducted within the project footprint and a 300-foot buffer, as feasible, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning/grubbing or surface disturbing activities. If no active nests are detected, no further surveys or monitoring is necessary. d. If active nests (nests with eggs or young birds present) are found, non -disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair's tolerance to disturbance and the type/duration of potential disturbance. No work shall occur within the non -disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in cooperation with the California Department of Fish and Game (CDFG) and the United States Fish and Wildlife Service (USFWS), but is typically recognized as 50 feet for songbirds and 300 feet for raptors. If buffers are established and it is determined that project activities are resulting in nest disturbance, work should cease immediately and the Page 4 of 25 CDFG and the USFWS Migratory Bird Permit Office should be contacted for further guidance. 14. *BIOLOGICAL RESOURCES MITIGATION MEASURE-2. The following avoidance measures shall be required to avoid the project's potential effects on special -status bat species. a. The removal of potential roosting habitat including mature trees, snags, rotten stumps, decadent trees with broken limbs, exfoliating bark, cavities, etc. should be minimized to the extent practicable. b. Preconstruction surveys shall be conducted to identify if bats are using the existing structures for roosting. If no evidence of roosting is detected, no further avoidance or minimization measures are necessary. If bats are using on -site structures for roosting, CDFG should be contacted for authorization to modify the roosting habitat to discourage bats from roosting within the structures. 15. *BIOLOGICAL RESOURCES MITIGATION MEASURE-3. The applicant shall comply with the Town of Los Gatos Tree Protection Ordinance and a tree removal permit shall be obtained from the Town for the removal of any onsite trees that qualify as a protected tree. Additionally, no new trees on site shall have a trunk diameter of less than 1.5 inches, and protective construction fencing for all trees shall be in place prior to the commencement of any site work. Any trenching within the dripline of existing trees shall be hand dug. 16. *BIOLOGICAL RESOURCES MITIGATION MEASURE-4. The applicant shall implement recommendations made by the Town's Consulting Arborist. Refer to the May 6, 2011, report by Arbor Resources for details. 17. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being removed. The number of trees shall be determined using the canopy replacement table in the Tree Protection Ordinance. New trees shall be double staked and shall be planted prior to final inspection and issuance of occupancy permits. 18. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees in the vicinity of construction, and shall remain through all phases of construction. Fencing shall be six foot high cyclone attached to two-inch diameter steel posts drive 18 Page 5 of 25 inches into the ground and spaced no further than 10 feet apart. A tree protection fencing plan shall be included with the construction plans. 19. *CULTURAL RESOURCES MITGATION MEASURE-1. In the event that significant paleontological, historic, and/or archaeological remains are uncovered during excavation and/or grading, all work shall stop in the area of the subject property until an appropriate data recovery program can be developed and implemented by a qualified archaeologist. 20. *CULTURAL RESOURCES MITGATION MEASURE-2. If human remains are found during construction activities, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the archeological monitor and the coroner of Santa Clara County are contacted. If it is determined that the remains are Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code section 5097.98. The landowner or his authorized representative shall rebury the Native -American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if; (a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; (b) the descendent identified fails to make a recommendation; or (c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner, Building Division 21. PERMITS REQUIRED. A Building Permit is required for construction of the new building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. Page 6 of 25 22. CONDITIONS OF APPROVAL. The Conditions of Approval must be blue -lined in full on the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the conditions will be addressed. 23. SIZE OF PLANS. Submit four sets of construction plans, maximum size 24" x 36". 24. SUITE NUMBERS. Submit requests for new suite numbers to the Building Division prior to submitting for the building permit application process. 25. SOILS REPORT. A soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. 26. SHORING. Shoring plans and calculations will be required for all excavations which exceed four (4) feet in depth or which remove lateral support from any existing building, adjacent property or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall conform to the Ca1/OSHA regulations. 27. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and that the building pad elevation, on -site retaining wall locations, and elevations have been prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation corner locations d. Retaining Walls 28. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed with adaptability features for multiple family residences per Town Resolution 1994-61: Page 7 of 25 a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs located 34-inches from the floor to the center of the backing, suitable for the installation of grab bars, b. All passage doors shall be at least 32-inches wide on the accessible floor. c. Primary entrance shall a 36-inch wide door including a 5'x5' level landing, no more than 1/2-inch out of plane with the immediate interior floor level with an 18- inch clearance at interior strike edge. d. Door buzzer, bell or •chime shall be hard wired at primary entrance. 29. TITLE 24 ENERGY COMPLIANCE`. All required California Title 24 Energy Compliance Foiiiis must be blue -lined on the plans. 30. TITLE 24 ACCESSIBILITY. On -site parking facilities shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, on - site general path of travel accessibility to building entrances from parking facilities and sidewalks. 31. KITCHEN USE. The following agencies shall review the kitchen requirements before issuance of a building permit: a. West Valley Sanitation District (WVSD): (408) 378-2408 b. Environmental Health Department: (408) 885-4200 32. BACKWATER VALVE. The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12-inches above the elevation of the next upstream manhole. 33. SPECIAL INSPECTIONS. When a special inspection is required by CBC Section 1704, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled -out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building. Page 8 •of 25 34. BLUEPRINT FOR CLEAN BAY. The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building. Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee or online at www.losgatosca.gov/building. 35. PLANS. The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538). 36. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development — Planning Division: Suzanne Davis (408) 354-6875 b. Parks & Public Works Department — Engineering Division: Trang Tu-Nguyen (408) 354-5236 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. 37. *AIR QUALITY MITIGATION MEASURE-1. 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 active construction areas and 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. Page 9 of 25 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 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. -- g. 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. A publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints shall be posted at the site. 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. 38. *AIR QUALITY MITIGATION MEASURE-2. To limit the project's construction - related dust and criteria pollutant emissions on sensitive receptors in the area, the following applicable BAAQMD-recommended Optional Construction Measures shall be included in the project's grading plan, building plans, and contract specifications. a. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. b. Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas. c. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph. d. Limit the area subject to excavation, grading and other construction activity at any one time. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 39. *GEOLOGY AND SOILS MITIGATION MEASURE-1. The applicant shall include in the project design all design recommendations included in the Zinn Geology and Butano Page 10 of 25 Geotechnical Engineering, Inc. reports, and the AMEC Geomatrix Consultants, Inc. peer review letter dated August 22, 2011. 40. *HYDROLOGY AND WATER QUALITY MITIGATION MEASURE-1. All recommendations listed in the July 18, 2011 Eisenberg, Olivieri & Associates memo shall be implemented. 41. *HYDROLOGY AND WATER QUALITY MITIGATION MEASURE-2. If the proposed project does not receive final discretionary approval by the Town before December 1, 2011, the project will need to comply with the Low Impact Development treatment requirements in the Town's NPDES permit. Media Filter system will not be allowed if the project does not receive final discretionary approval from the Town prior to December 1, 2011. 42. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special peiniit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense. 43. ENCROACHMENT PERMIT. All work in the public right-of-way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. It is the responsibility of the applicant/developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG&E), SBC, Comeast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or petiuits must be submitted to the Town Engineering Department prior to releasing of any permit. 44. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining Page 11 of 25 to on -site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result in rejection of work that went on without inspection. 45. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 46. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction 47. STREET/SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 48. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 49. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Permit. 50. DESIGN CHANGES. Any proposed changes to the approved plans shall be subject to the approval of the Town prior to altered work is started. The Applicant Project Engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any. approved changes shall be incorporated into the final "as -built" plans. 51. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California, and submitted to the Town Engineer for review and approval. Page 12 of 25 52. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 53. CONSTRUCTION EASEMENT: Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. Proof of agreement/approval is required prior to issuance of any Permit. 54. DRAINAGE STUDY: Prior to the issuance of any grading permits, the following drainage studies shall be submitted to and approved by the Town Engineer: A drainage study of the project including diversions, off -site areas that drain onto and/or through the project, and justification of any diversions; a drainage study evidencing that proposed drainage patterns will not overload existing storm drains; and detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood. 55. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading permits the applicant shall: a) Design provisions for surface drainage; and b) Design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and c) provide recorded copy of any required easements to the Town. Page 13 of 25 56. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit/building permit. 57. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall --top of wall elevations and locations b. Toe and top of cut and fill slopes 58. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 59. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre -construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub -contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 60. RETAINING WALLS. A building pennit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 61. PRIVATE UTILITIES Prior to issuance of any permits, a note is required on the final plans, in a manner that meets the approval of the Town Engineer that states: "The private utilities constructed within this application shall be owned, operated and maintained by the developer, successors or assigns." Page 14 of 25 62. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading permit application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, and retaining wall design and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code, 63. GEOLOGY AND SOILS MITIGATION MEASURE. A geotechnical investigation shall be conducted for the project to determine the surface and sub -surface conditions at the site and to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab -on -grade construction, excavation, drainage, on -site utility trenching and pavement sections. All recommendations of the investigation shall be incorporated into project plans 64. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 65. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design -level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as -built" letter/report prepared by the applicants' soils engineer and submitted to the Town before final release of any occupancy permit is granted. 66. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to issuance of any permit. 67. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the Page 15 of 25 approval of the Town before altered work is started. Any approved changes shall be incorporated into the final "as -built" drawings. 68. UTILITIES. The Developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 69. TRENCHING MORATORIUM. Trenching within a newly paved street will be allowed subject to the following requirements: a. The Town standard "T" trench detail shall be used. b. A Town approved colored controlled density backfill shall be used. c. The total asphalt thickness shall be a minimum of 3-inches or shall match the existing thickness, whichever is greater. The final lift shall be 1.5-inches of half inch medium asphalt. The initial lift(s) shall be of three quarter inch medium asphalt. d. The Contractor shall schedule a pre -paving meeting with the Town Engineering Construction Inspector the day the paving is to take place. e. A slurry seal topping may be required by the construction inspector depending his assessment of the quality of the trench paving. If required, the slurry seal shall extend the full width of the street and shall extend 5-feet beyond the longitudinal limits of trenching. Slurry seal materials shall be approved by the Town Engineering Construction Inspector prior to placement. Black sand may be required in the slurry mix. All existing striping and pavement markings shall be replaced upon completion of slurry seal operations. 70. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. Page 16 of 25 71. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080, 72. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, will need to abide by Town Code Section 23.10.080, 26.10.065, 29.40.030. 73 AS -BUILT PLANS. An AutoCAD disk of the approved "as -built" plans shall be provided to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tennis Court, Layer: TENNIS -COURT; f) Property Line, Layer: PROPERTY -LINE; g) Contours, Layer: NEWCONTOUR. All as -built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 74. CONSTRUCTION TRAFFIC: All construction traffic and related vehicular routes shall be submitted for review and approval by the Town Engineer prior to issuance of permit. 75. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a fee proportional to the project's share of transportation improvement needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit application is made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $9,780.0. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application, 76. TRAFFIC IMPACT COMMUNITY BENEFIT: The developer is required to provide Community Benefit based on the Town Traffic Impact Policy. 77. CONSTRUCTION STREET PARKING. No vehicle having a manufacture's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior to approval from the Town Engineer. Page 17 of 25 78. TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the Engineering Division of the Parks and Public Works Department to develop a traffic control plan for incorporation into the construction bid documents (specifications), and this plan will include, but not be limited to, the following measures: a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b. Flag persons shall be placed at locations necessary to control one-way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation. c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation. 79. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m.; and between 4:00 p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the developer/owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. 80. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual -piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) Page 18 of 25 feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 81. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations. 82. WVSD (West Valley Sanitation District). Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Sanitary Sewer Clean -out is required for each property at the property line or location specify by the Town. 83. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative. The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve as defined in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operation condition. Evidence of West Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 84. STORMWATER MANAGEMENT: Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs one acre or more which are part of a larger common plan of development which disturbs less than one acre are required to obtain coverage under the construction general permit with the State Water Resources Control Board. The applicant shall provide proof of WDID# and keep a current copy of the storm water pollution prevention plan (SWPPP) on the construction site and shall be made available to the Town of Los Gatos Engineering and/or Building Department upon request. Page 19 of 25 85. BEST MANAGEMENT PRACTICES (BMP's). Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be placed at the end of each working day. 86. STORMWATER DEVELOPMENT RUNOFF. The applicant shall submit a stotiiiwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through construction, operation and maintenance of treatment measures, and other appropriate source control and site design measures. Increases in runoff volume and flows shall be managed in accordance with the development runoff requirements 87. SITE DESIGN MEASURES. The project shall incorporate the following measures to the maximum extent practicable: a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas where feasible. d. Use permeable pavement surfaces where feasible. e. Use landscaping to treat stormwater. 88. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Department of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended Page 20 of 25 provisions C.3 and C.14 of most current Santa Clara County NPDES MRP Permit. Monitoring for erosion and sediment control is required and shall be perfoumed by the QSD or QSP as required by the Construction General Permit. Stormwater samples are required for all discharge locations and projects may not exceed limits set forth by the Construction General Permit Numeric Action Levels and/or Numeric Effluent Levels. A Rain Event Action Plan is required when there is a 50% or greater forecast of rain within the 48 hours, by the National Weather Service or whenever rain is imminent. The QSD or QSP must print and save records of the precipitation forecast for the project location area from (http://www.srh.noaa.gov/forecast) and must accompany monitoring reports and sampling test data. A Rain gauge is required on site. The Town of Los Gatos Engineering and Building Department will conduct periodic NPDES inspections of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations. 89. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non -toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late -afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. Page 21 of 25 90. CONSTRUCTION ACTIVITIES. All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the ABAG Manual of Standards for Erosion & Sediment Control Measures, the Town's grading and erosion control ordinance and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 91. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled/signed with appropriate "NO DUMPING - Flows to Bay" NPDES required language. On -site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be placed 10' minimum from adjacent property line and/or right of way. 92. STORM WATER MANAGEMENT PLAN. A storm water management shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of the Municipal Regional Stormwater NPDES Petiiiit, Order R2-2009-074. The plan shall delineate source control measures and BMP's together with the sizing calculations. The plan shall be certified by a professional pre -qualified by the Town. In the event that storm water measures proposed on the Planning approval differ significantly from those certified on the Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Peiniit. The applicant may elect to have the Planning submittal certified to avoid this possibility. 93. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner's shall enter into an agreement with the Town for maintenance of the stormwater filtration devices required to be installed on this project by Town's Stormwater Discharge Permit and all current amendments or modifications. The agreement will specify that certain Page 22 of 25 routine maintenance shall be perforiiled by the property owner*homeowner's association and will specify device maintenance reporting requirements. The agreement will also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 94. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 95. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense. 96. UTILITY SETBACKS. Building foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the building foundation. The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 97. AUTOMATIC FIRE SPRINKLER SYSTEM. An approved automatic fire sprinklers is required for all new and modified buildings larger than 3,600 square feet. A State of California licensed (C-16) fire protection contractor shall submit plans, calculations a completed permit application and appropriate fees to the Fire Department for review and approval, prior to beginning work. Page 23 of 25 98. PUBLIC FIRE HYDRANTS. New fire hydrant locations shall approved by the Fire Department. Plans shall show locations of all existing and proposed hydrants both on and directly adjacent to the property. 99. ON -SITE PRIVATE FIRE SERVICE MAINS AND/OR HYDRANTS. Installation of private fire service mains and/or fire hydrants shall conform to National Fire Protection Association (NFPA) Standard #24, and Fire Department Standard Detail and Specification W-2. If the supply piping is combined (sprinkler system and hydrants), a U.L. listed approved four-way FDC shall be provided. A separate installation permit from the Fire Department is required. 100. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND. Provide an approved Fire Department engine roadway turnaround with a minimum radius of 36-feet outside and 23 feet inside. Installations shall confoiin to Fire Department Standard Details and Specification sheets A-1. Cul-de-sac diameters shall be no less than 72 feet. This must be provided for the new building on the south access road. 101. FIRE LANE MARKING. Provide marking for all roadways within the project per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Specifications A-6. 102. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new and buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. Page 24 of 25 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 2011, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of .the Town Council of the Town of Los Gatos on , 2011 and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 25 of 25 This Page Intentionally Left Blank (-) 4?), c9 • Ji NO Blossom -Hill Road TOWN OF LOS GATOS ,31111:12E2WIN Application No. PD-11-001 A.P.N. #523-05-001 Change of zoning map amending the Town Zoning Ordinance. El Zone Change from: RM:5-20:PD to RM:12-20:PD Prezonin Forwarded by Planning Commission Approved by Town Council Date: Clerk Administrator ca ISUBLVSIIREHICHISSZSIZEMMElo Date: September 28, 2011 Ord: Mayor Exhibit A of Attachment 4