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Attachment 2t WX F • TOWN OF LOS GATOS l PLANNING COMMISSION STAFF REPORT Meeting Date: July 13, 2011 PREPARED BY: Suzanne Davis, Senior Planner sdavis@losgatosca.gov APPLICATION NO: Planned development Application PD -10 -001 Negative Declaration ND -10 -001 ITEM NO: 1 DESK ITEM LOCATION: 135 Riviera Drive (accessed from Milbrae and Rushmore Lanes, off Towne Terrace) APPLICANT: Tim Steele PROPERTY OWNER: Sobrato Interests IV CONTACT: Tim Steele, The Sobrato Organization APPLICATION SUMMARY: Requesting approval of a Planned Development for renovation and expansion of an existing apartment complex (Riviera Terrace) on property zoned RM:12 -20. APNs 529 -13 -016, 529 -09 -031 and 034. DEEMED COMPLETE: February 28, 2011 FINAL DATE TO TAKE ACTION: a. Final action on the Mitigated Negative Declaration (MND) is required by CEQA Section 15107, within six months of the application being deemed complete (August 28, 2011). b. Rezoning applications are legislative acts and are therefore not governed by the Permit Streamlining Act. RECOMMENDATION: Continue the application to August 10, 2011 EXHIBITS: L -12. Previously received 13. Applicant's letter, received July 13, 2011 14. Email correspondence from Lee Quintana (3 pages), received July 13, 2011 15. Letter from Lisa Moreno, submitted on behalf of residents of Riviera Terrace (5 pages plus excerpt from General Plan Background Report), received July 13, 2011 REMARKS The applicant is requesting a continuance to the meeting of August 10, 2011 (see Exhibit 13). Exhibits 14 and 15 are letters that were received today. R"t of _E.aa� 9 Planning Commission Staff Report - Page 2 135 Riviera Drive/PD -10 -001, ND -10 -001 July 13, 2011 Prepared by: Suzanne Davis, AICP Senior Planner WRR:SD:ct Director of Community N:1DEV\PC REPORTS\20 11\Rivieral35- dsk07I3I I.doc Sobrato Development Company, LLC Sobrato Family Holdings, LLC Sabrato Builders, Incorporated Sobrato Family Foundation, Sabrato Construction Corporation July 13, 2011 Wendy Rooney Director of Community Development Town of Los Gatos 110 E. Main St Los Gatos, CA 95031 RE: Planning Commission Meeting Continuance, 135 Terrace Drive, PD -10 -001 Dear Ms. Rooney: RECEIVED JUL 13 Z011 TOVVN OF LOS CA i OS PLANNING DIVISION The Sobrato Organization formally requests the Town of Los Gatos continue tonight's scheduled Public Hearing for 135 Riviera Terrace (PD -10 -001) to the next scheduled Planning Commission meeting on August 10, 2011. Your favorable assistance would be appreciated. Sinccrel Tim S e Senior Director, Real Estate Pla 10600 N. De Anza Boulevard, Ste. 200, Cupertino, CA 95014 -2075 P (408) 446 -0700 F (408) 446 -0583 vv w.sobratosorn EXHIBIT 13 This Page Intentionally Left Blank Suzanne Davis From: Lee Quintana <leeandpaul @earthlink.net> Sent: Wednesday, July 13, 201111:52 AM To: Suzanne Davis Subject: Riviera Terrace - 7/13/11 Planning Commission Please include the following as a Desk Item for the July 13th Commission Meeting To: Planning ConuriissionCalculation of Density Bonus From: Lee Quintana The following addresses areas listed below: Calculation of the Density Bonus Riparian Corridor impacts Air Quality Impacts Mosaic Murals General Questions Density Bonus As I understand the project the applicant (Sobrato) is proposing to update the existing apartment community, convert 24 of the existing 123 apartments to low income units and is requesting a density bonus calculated under the State Density Bonus Law bonus (42 bonus units), rather than under the Town's BMP program (24 bonus units). However, the density bonus calculated for this project appears to apply the bonus allowed under the State Density Bonus Law (based on 24 low income units - 35% of 118 units= 42) us the bonus allowed under the Town's BMP program (100% of the 24 affordable units = 24 or 20% of thel 18 allowed under the current zoning). Both are calculated using the 24 low income units. This results in a combined density bonus of 55% based on 24 low income units (55% of 118 = 65, 118 + 65 = 183). The State bonus alone would allow up to a total of 160 units. Using the Town's BMP program would allow a total of 142 units. Combining the two would allow up to 183 units. Staffs analysis of allowed density bonus for this projects appears to be working backwards, from an end point of wanting 50 new units to justify them, rather than starting with the existing project and the density bonus that would be allowed under State Law. Existing density Allowed under 12 -20 unit zoning Bonus units by State Law Total units allowed by State Law: Total new units allowed: 20.8 units /acre (123 divided by 5.9 acres 20 /acre 42 (35% of 118) 160 (118 +42 =160) 37 new units (160 - 123 existing units = 37) EXHIBIT 14 Density with bonus units Density without bonus units Bonus units by Town BMP Total units allowed using Town BMP: Total new units allowed: Density including bonus units Density (without bonus units) Bonus State +Town Total units allowed (state + Town) Total new units allowed: Density including bonus units Density (without bonus units) 27 units /acre (160 divided by 5.9 acres) 23 units /acre (160-24= 136 divided by 5.9 acres) 24 142 (118 +24 = 142) 19 (142- 123 =19) 24 units /acre 20 units /acre 66 183 (159 + 24 (bonus Town) = 183 60 (183 - 123 = 60) 31 units /acre 27 units /acre (183 - 60 - 24 = 117) Total units requested: 173 Total new units requested/allowed 50 Density with Town and State bonus 29 units /acre Density (without bonus units) 20 units /acre (173 - 32 state bonus used - 24 Town bonus =117) Riparian Corridor Impacts (Initial Study/Negative Declaration) It is hard to understand the reasoning behind the determination that the project will not impact the riparian corridor and is consistent with the Guidelines. It is clear that the existing project impacted the riparian corridor (both physically and by the result of human activity) and that the paving and landscaping extended into the area of the riparian corridor canopy. Only a fed, remnant riparian trees currently remain in that area. It is also clear that the proposed project will further impact the riparian corridor area by removing the remaining riparian corridor canopy, by eliminating the buffer area and by increasing the amount of paving within the existing riparian canopy. The proposed mitigation requires approvals from responsible agencies that while possible is not certain. Until the mitigation measures are confirmed the impact remains a potentially significant impact not a less than significant impact. However, the best mitigation would be to require that the project does not result in these new impacts and even better to restore the riparian habitat within the riparian corridor on at least the project side of the chain link fence. Mosaic Murals (Staff Report /CEQA There are several large mosaic murals on the walls of the existing buildings The existing buildings are pre - 1941 and therefore not covered under the Town's Historic Preservation Ordinance. However, the mosaics themselves are quite impressive and by themselves could be a potential significant cultural resource. Yet no report or analysis has been done and they are not addressed in the Staff Report or the CEQA documents for this project. This analysis should be done prior to approval of the project. At a minim please recommend adding a condition that would insure the long term preservation of the murals and initiate a process to assess their cultural significance. Air Quality Impacts (CEQA) The modified text of the Negative Declaration simply states that new information from the Air Quality Control Board the project would not be considered to have a significant increased cancer and community health risk. Please summarize this new information and a statement that explains and supports the change. Q uestions: How many of the proposed low income units will be 1 bedroom, how many two bedroom? How does this compare to the existing ratio of one and two bedrooms? Will all units that are impacted by noise be mitigated, or just the units that are being converted to low income? If all units will not be mitigated explain why. This seems like environmental justice in the reverse. How wood RDA funds be applied to lower the income level of the 24 units? This Page Intentionally Left Blank IV ED Town of Los Gatos City Planning Commission Ms. Suzann Davis Senior Planner O'VVN1 0 I LOS GAT 0S PLANNING DIVISION July 13, 2011 RE: Town Terrace proposed expansion and in opposition of development Greetings Planning Commission, Sobrato IV is asking for approval of additional 5 buildings to the existing structure of Town Terrace. They site 10 additional benefits to the existing land as used, of those 10 additional benefits I ask the following: • How is replacing a pool with a spa of additional value. A pool affords outdoor activity encourage camaraderie and community. A spa is indoors and supports isolation. • Providing a leasing office and residential lounge, we already have one of which no one uses. • Improving on site parking, only if you have additional structures are they needed • Replacing and adding carports, why the ones we have work, this requires the killing of more trees? • Replacing the already vast amounts of sidewalks with new ones, how does this make sense or how does this become an added benefit? • Planting new landscape throughout, why what is wrong with the exiting vegetation, and this requires disruption and destruction of homes of several species, Why and how is this beneficial? • Preserving tile mosaics on the new building, the plans state the existing will not be altered, how is this counted as an additional benefit? We, I as residents of Town Terrace oppose the development of these additional structures due to the negative additional Enviromnent Impact and additional negative carbon foot prints to this areas. We express "extreme concern" about the construction of additional structures in the surrounding unique, specially protected sites as stated by the "Biological Report for the Town of Los Gatos, this section describes the existing vegetation communities and cover types, wildlife habitats, wildlife movement corridors, special - status species, sensitive natural communities, open space areas and bio diversity in the Town of Los Gatos and the Sphere of Influence (SOI). "This development, which opposes modern practices concerning protected areas and endangered species conservation, and contradicts the Town of Los Gatos Biological Report will destroy The Town of Los Gatos ecological and historical heritage," EXHIBIT 15 "I appeal to you to consider the richness and uniqueness of this area before it is irrevocable destroyed by human activities and sacrificed to industry, corporate greed and development." This ecosystem is unique along this area and coast, hosting a variety of habitats, fauna and other natural phenomena. It is also one of the most important nesting areas for various wildlife of which some are listed as endangered and protected. We formally request that the Planning shown proof as to the required guidelines of the Town of Los Gatos mandated, see attached; parts included for your review. BIOLOGICAL RESOURCES 15 -1 This section describes the existing vegetation communities and cover types, wildlife habitats, wildlife movement corridors, special- status species, sensitive natural communities, open space areas and biodiversity in the Town of Los Gatos and the Sphere of Influence (SOI). A. Regulatory Framework 1. Federal and State Regulations a. Federal Endangered Species Act The United States Fish and Wildlife Service (USFWS) has jurisdiction over species that are formally listed as threatened or endangered under the federal Endangered Species Act (ESA). The ESA protects listed wildlife species from harm. An endangered plant or wildlife species is one that is considered in danger of becoming extinct throughout all, or a significant portion of its range. A threatened species is one that is likely to become endangered within the foreseeable future. In addition to endangered and threatened species, which are legally protected under the federal ESA, the USFWS has a list of proposed and candidate species. Proposed species are those for which a proposed rule to list them as endangered or threatened has been published in the Federal Record. A candidate species is one for which the USFWS currently has enough information to support a proposal to list it as a threatened or endangered species. These latter species are not afforded legal protection under the federal ESA. b. Clean Water Act Under Section 404 of the Clean Water Act, the U.S. Army Corps of Engineers (USAGE) is responsible for regulating the discharge of fill material into "waters of the U.S." which include streams that are tributary to navigable waters and their adjacent wetlands. Wetlands that are not adjacent to waters of the U.S. are termed "isolated wetlands" and are not sUSACE jurisdiction. In general, a USACE permit must be obtained before placing fill in wetlands or other waters of the U.S. Projects that apply for a USACE permit for discharge of dredge or fill material into wetlands or other waters of the U.S. and State must also obtain water quality certification from the State Regional Water Quality Control Board (RWQCB). This certification ensures that the project will uphold State water quality standards. Wetlands and waters determined to be isolated and not subject to USACE jurisdiction may be regulated by the RWQCB under the Porter - Cologne Act as waters of the State. c. Migratory Bird Treaty Act The federal Migratory Bird Treaty Act (MBTA) prohibits the taking, hunting, killing, selling, purchasing, etc. of migratory birds, parts of migratory birds, or their eggs and nests. Most bird species native to North America are covered under this Act. d. California Endangered Species Act The California Department of Fish and Game (CDFG) has jurisdiction over threatened or endangered species that are formally listed by the State under the California Endangered Species Act (CESA). The CESA does not supersede the federal ESA, but operates in conjunction with it. Species may be listed as threatened or endangered under both Acts or under only one. CDFG also maintains lists of "species of special concern." These species are broadly defined as plants and wildlife that are of concern to CDFG because of population declines and restricted distributions and/or they are associated subjectwith habitats that are declining in California. e. California Department of Fish and Game In addition to administering the CESA, CDFG also has jurisdiction over the bed and banks of watercourses. The CDFG requires a Streambed Alteration Permit for the fill or removal of any material from any natural drainage. The jurisdiction of CDFG extends to the top of the bank and often includes the outer edge of riparian vegetation canopy cover. f. Porter - Cologne Water Quality Control Act This Act authorizes the RWQCB to regulate the discharge of waste that could affect the quality of the State's waters. Projects that do not require a federal permit may still require review and approval by the RWQCB. The RWQCB focuses on ensuring that projects do not adversely affect the "beneficial uses" associated with waters of the State. In most cases, the RWQCB requires the integration of water quality control measures into projects that will require discharge into waters of the State. For most construction projects, the RWQCB requires the use of construction and post- construction Best Management Practices (BMPs). g. California Native Plant Society California Native Plant Society (CNPS), a non - governmental conservation organization, has developed lists of plants of special concern in California. A CNPS List 1A plant is a species, subspecies or variety that is considered to be extinct. A List 1 B plant is considered rare, threatened or endangered in California and elsewhere. A List 2 plant is considered rare, threatened or endangered in California but is more common elsewhere. A List 3 plant is a species for which CNPS lacks necessary information to determine if it should be assigned to a list or not. A List 4 plant has a limited distribution in California. All of the plant species on List 1 and List 2 meet the requirements of the CESA and Native Plant Protection Act and are eligible for State listing. Therefore, plants appearing on Lists 1 or 2 are considered to meet the CEQA Guidelines' Section 15380 criteria. 2. Local Regulations and Plans a. Town of Los Gatos Tree Protection Ordinance The Tree Protection Ordinance (Ordinance No. 2114) was adopted to preserve and regulate the removal of mature trees in the Town.1 Protected trees include the following: e All publicly -owned trees on Town lands, in public places, or in a right -ofway easement; s All black oak (Quercus kelloggii), blue oak (Quercus douglasit), California buckeye (Aesculus californica) and Pacific madrone (Arbutus menziesii) with a diameter of 8 inches or more (measured at 36 inches above natural grade); o All trees with a diameter of 4 inches or more (measured at 36 inches above natural grade) on a vacant lot, undeveloped property, or developed commercial, office or industrial property; or related to a zoning approval or subdivision; o All trees with a diameter of 12 inches or more (measured at 36 inches above natural grade) on developed residential property; ♦ Trees that are related to conditions in a zoning approval, subdivision approval, building permit, development application, tree permit or code enforcement action; and ♦ Some stands of trees that are dependent on each other for survival. Removal of a protected tree requires a tree removal permit from the Town of Los Gatos Parks and Public Works Department. A tree survey and a tree preservation report that is prepared by a certified or consulting arborist are also required with development applications for the removal of protected trees. To compensate for the removal of each protected tree, two or more replacement trees of a size and species determined by the Director of the 1 Town of Los Gatos, Tree Protection Ordinance No. 2114, Zoning Ordinance of the Town Code, Chapter 29, Division 2, Section 29.10.0950 through 29.10.1045, adopted August 4, 2003. Parks and Public Works Department per the canopy replacement table in the. Town's Tree Ordinance are required to be planted on the property. If replanting trees on the property is not feasible, the applicant can pay the Town Forestry Fund for the value of the removed tree. These funds will be used for planting trees or installing landscaping on nearby public properties or other Town properties. b. Guidelines and Standards for Land Use Near Streams The Guidelines and Standards for Land Use Near Streams2 was prepared by the Santa Clara Valley Water District in collaboration with communities in Santa Clara County. The guidelines apply to streamside development projects in the Town, except for single - family homes in residential zones that do not require discretionary approval. The guidelines were designed to protect stream resources and water quality, and include the following guidelines and standards: o Development in riparian corridors should conform to setbacks that vary depending on factors such as the size and depth of the stream, location of floodplain, potential for bank erosion, channel incision and type of development. ♦ Setbacks from the top of bank are required for all structures such as buildings, decks and fences. ♦ Planting non - native vegetation and removing native vegetation in the riparian corridor and up to the top of the bank are prohibited. ♦ Preserving native riparian vegetation that provides shade and nutrients for aquatic organisms and protecting stream habitat for fish such as riffles, gravel beds, pools and undercut banks. ♦ Bank and slope stability requirements that are determined by the bank characteristics and potential for erosion. 2 Town of Los Gatos, Guidelines and Standards for Land Use Near Streams, prepared by Santa Clara Valley Protection Collaborative, August 2005, revised July 2006. Sincerely, C. Trujillo M. Wilkins Megan Moxley Residents Terrace Los Gatos. This Page Intentionally Left Blank 15 BIOLOGICAL RESOURCES This section describes the existing vegetation communities and cover types, wildlife habitats, wildlife movement corridors, special - status species, sensitive natural communities, open space areas and biodiversity in the Town of Los Gatos and the Sphere of Influence (SOn. A. Regulatory Framework 1. Federal and State Regulations a. Federal Endangered Species Act The United States Fish and Wildlife Service ( USFWS) has jurisdiction over species that are formally listed as threatened or endangered under the federal Endangered Species Act (ESA). The ESA protects listed wildlife species from harm. An endangered plant or wildlife species is one that is considered in danger of becoming extinct throughout all, or a significant portion of its range. A threatened species is one that is likely to become endangered within the foreseeable future. In addition to endangered and threatened species, which are legally protected under the federal ESA, the USFWS has a list of proposed and candidate species. Proposed species are those for which a proposed rule to list them as endangered or threatened has been published in the Federal Record. A candidate species is one for which the USFWS currently has enough information to support a proposal to list it as a threatened or endangered species. These latter species are not afforded legal protection under the federal ESA. b. Clean Water Act Under Section 404 of the Clean Water Act, the U.S. Army Corps of Engineers (USACE) is responsible for regulating the discharge of fill material into "waters of the U.S." which include streams that are tributary to navigable waters and their adjacent wetlands. Wetlands that are not adjacent to waters of the U.S. are termed "isolated wetlands" and are not subject to 15 -1 TOWN OP LOS G A T O S GENERAL PLAN UPDATE B A C K G R O U N D REPO R T BIDL O GICAL RESOURCES USACE jurisdiction. In general, a USACE permit must be obtained before placing fill in wetlands or other waters of the U.S. Projects that apply for a USACE permit for discharge of dredge or fill material into wetlands or other waters of the U.S. and State must also obtain water quality certification from the State Regional Water Quality Control Board ( RWQCB). This certification ensures that the project will uphold State water quality standards. Wetlands and waters determined to be isolated and not subject to USACE jurisdiction may be regulated by the RWQCB under the Porter - Cologne Act as waters of the State. c. Migratory Bird Treaty Act The federal Migratory Bird Treaty Act (NIBTA) prohibits the taking, hunting, killing, selling, purchasing, etc. of migratory birds, parts of migratory birds, or their eggs and nests. Most bird species native to North America are covered under this Act. d. California Endangered Species Act The California Department of Fish and Game (CDFG) has jurisdiction over threatened or endangered species that are formally listed by the State under the California Endangered Species Act (CESA). The CESA does not supersede the federal ESA, but operates in conjunction with it. Species may be listed as threatened or endangered under both Acts or under only one. CDFG also maintains lists of "species of special concern." These species are broadly defined as plants and wildlife that are of concern to CDFG because of population declines and restricted distributions and /or they are associated with habitats that are declining in California. e. California Department of Fish and Game In addition to administering the CESA, CDFG also has jurisdiction over the bed and banks of watercourses. The CDFG requires a Streambed Alteration Permit for the fill or removal of any material from any natural drainage. The 15 -2 TOWN OF LOS G A T O S GENERAL PLAN UPDATE B A C K G R O U N D REPO R T BIOLOGICAL RESOURCES jurisdiction of CDFG extends to the top of the bank and often includes the outer edge of riparian vegetation canopy cover. f. Porter- Cologne Water Quality Control Act This Act authorizes the RWQCB to regulate the discharge of waste that could affect the quality of the State's waters. Projects that do not require a federal permit may still require review and approval by the RWQCB. The RWQCB focuses on ensuring that projects do not adversely affect the "beneficial uses" associated with waters of the State. In most cases, the RWQCB requires the integration of water quality control measures into projects that will require discharge into waters of the State. For most construction projects, the RWQCB requires the use of construction and post - construction Best Management Practices (BMPs). g. California Native Plant Society California Native Plant Society (CNPS), a non - governmental conservation organization, has developed lists of plants of special concern in California. A CNPS List lA plant is a species, subspecies or variety that is considered to be extinct. A List 1B plant is considered rare, threatened or endangered in California and elsewhere. A List 2 plant is considered rare, threatened or endangered in California but is more common elsewhere. A List 3 plant is a species for which CNPS lacks necessary information to determine if it should be assigned to a list or not. A List 4 plant has a limited distribution in California. All of the plant species on List 1 and List 2 meet the requirements of the CESA and Native Plant Protection Act and are eligible for State listing. Therefore, plants appearing on Lists 1 or 2 are considered to meet the CEQA Guidelines' Section 15380 criteria. 15 -3 TOWN OF LOS G A T O S GENERAL PLAN UPDATE BACKGROUND REPORT 810L O GI CAL RESOURCES 2. Local Regulations and Plans a. Town of Los Gatos Tree Protection Ordinance The Tree Protection Ordinance (Ordinance No. 2114) was adopted to preserve and regulate the removal of mature trees in the Town.' Protected trees include the following: ♦ All publicly-owned trees on Town lands, in public places, or in a right -of- way easement; o All black oak (Quercus kelloggit), blue oak (Quercus douglasit), California buckeye (Aesculus californica) and Pacific madrone (Arbutus menziesit) with a diameter of 8 inches or more (measured at 36 inches above natural grade); ♦ All trees with a diameter of 4 inches or more (treasured at 36 inches above natural grade) on a vacant lot, undeveloped property, or developed commercial, office or industrial property; or related to a zoning approval or subdivision; o All trees with a diameter of 12 inches or more (measured at 36 inches above natural grade) on developed residential property; 9 Trees that are related to conditions in a zoning approval, subdivision approval, building permit, development application, tree permit or code enforcement action; and ♦ Some stands of trees that are dependent on each other for survival. Removal of a protected tree requires a tree removal permit from the Town of Los Gatos Parks and Public Works Department. A tree survey and a tree preservation report that is prepared by a certified or consulting arborist are also required with development applications for the removal of protected trees. To compensate for the removal of each protected tree, two or more replacement trees of a size and species determined by the Director of the Town of Los Gatos, Tree Protection Ordinance No. 2114, Zoning Ordinance of the Town Code, Chapter 29, Division 2, Section 29.10.0950 through 29.10.1045, adopted August 4, 2003. 15 -4 TOWN OF LOS G A T O S GENERAL PLAN UPDATE BACKGROUND REPORT BIOLOGICAL RESOURCES Parks and Public Works Department per the canopy replacement table in the Town's Tree Ordinance are required to be planted on the property. if replanting trees on the property is not feasible, the applicant can pay the Town Forestry Fund for the value of the removed tree. These funds will be used for planting trees or installing landscaping on nearby public properties or other Town properties. b. Guidelines and Standards for Land Use Near Streams The Guidelines and Standards for Land Use Near Streams' was prepared by the Santa Clara Valley Water District in collaboration with communities in Santa Clara County. The guidelines apply to streamside development projects in the Town, except for single - family homes in residential zones that do not require discretionary approval. The guidelines were designed to protect stream resources and water quality, and include the following guidelines and standards: ♦ Development in riparian corridors should conform to setbacks that vary depending on factors such as the size and depth of the stream, location of floodplain, potential for bank erosion, channel incision and type of development. ♦ Setbacks from the top of bank are required for all structures such as buildings, decks and fences. ♦ Planting non - native vegetation and removing native vegetation in the riparian corridor and up to the top of the bank are prohibited. Preserving native riparian vegetation that provides shade and nutrients for aquatic organisms and protecting stream habitat for fish such as riffles, gravel beds, pools and undercut banks. e Bank and slope stability requirements that are determined by the bank characteristics and potential for erosion. ' Town of Los Gatos, Guidelines and Standards for Land Use Near Streams, prepared by San= Clara Valley Protection Collaborative, August 2005, revised ,July 2006. I5 -5 TOWN OP LOS G A T O S GENERAL PLAN UPDATE a A C K G R O U N 0 REPORT 8 I0 L0 GICAL RES 0 U R C ES ♦ Project designs should incorporate measures to protect stream resources, such as tree protection zones, avoiding hardscapes in riparian areas, planting local native vegetation and using native erosion control seeds mixes. The guidelines also provide recommendations for grading plans, outfall installations, erosion control and repair and trail construction in riparian areas. - B. Existing Biological Resources The following descriptions of the vegetation and wildlife habitat types are primarily based on an October 14, 2008 field survey of the Los Gatos area, as well as on aerial photographs, vegetation mapping provided by the Midpeninsula Regional Open Space District (MROSD)' and creek mapping from the Santa Clara Valley Water District.' 1. Vegetation Types Vegetation types in the Los Gatos are summarized in Table 15 -1. Figure 15 -1 identifies their locations. Most of the land in northern and central Los Gatos is identified as "developed." The southern and southeastern portions of the Los Gatos area are primarily undeveloped and support most of the woodland/forest and shrubland habitats in the area. a. Developed Approximately 4,727 acres of the Los Gatos area are included in the developed cover type, including residential development, commercial and industrial developments, roads, schools, as well as developed parks with playgrounds, picnic areas, fields and associated ornamental landscaping. ' Midpeninsula Regional Open Space District (MROSD), 2008a. Vegetation mapping provided to LSA Associates, Inc. by MROSD. Santa Clara Valley Water District (SCVWD), 2001. Creek map for Santa Clara County based on interpretation of 2001 onhophotographs. http://arcview.valleywater.org/download/index.asp, 15 -6 TOWN OF LOS G A T O S GENERAL PLAN UPDATE BACKGROUND REPORT 8.10 LO GI CAL RES 0 URC E5 TABLE 15 -1 ACREAGES OF VEGETATION AND WILDLIFE HABITAT TYPES Vegetation and Wildlife Habitats Types Acreage Developed - 4,727 Grassland 610 Shrubland 1,650 Woodland/Forest 4,329 Agriculture 85 Open Water 75 Total _ 11,476 Lexington Quarry and La Riconada County Club are both considered developed. Ornamental trees in the developed portions of the area are primarily non- native trees, but include some native trees such as coast live oak (Quercus agrifolia), redwood (Sequoia sempervirens) and Monterey pine (Pinus radiata). Non - native trees and shrubs observed include: blue gum (Eucalyptus globulus), sweet gum (Liquidambar sp.), Deodar cedar (Cedrus deodara.), oleander (Nerium oleander), pine (Pinus sp.), California pepper tree (Scl3inus molle) and sycamore (Platanus sp.). b. Grassland Grasslands account for approximately 610 acres in the Los Gatos area. This vegetation community is dominated by non - native annual grasses and includes native and non - native forbs. More disturbed grasslands and grasslands adjacent to developed habitats are more likely to support ruderal 15 -7 TOWN OF LOS GATOS GENERAL PLAN UPDATE BACKGROUND REPORT BIOLOGICAL REOURCES Vegetation and Wildlife HabitatTypes; Agriculture WoodlandlFarest - t Developed O e_5hrubland - FIGURE IS -I Grassland VEGETATION AND WILDLIFE HABITAT TYPES Source: Midpeninsula Regional Open Space Disinct ( MROSD). 2008:7ovm of Los Gatos. 2008; Bay Area Open Space Council, 2007. NOTE: MROSD vegetation data adapted by LSA Associates, 2008. TOWN OF LOS G A T O S GENERAL PLAN U P O A T E B A C K G R O U N D REPO R T BIOLOGICAL RESOURCES species, such as weeds. Less disturbed areas and serpentine grasslands, known to occur in the MROSD's open space preserves, are more likely to support native grasses and forbs and special- status plants. Native grasses observed in the Los Gatos area, including the Sierra Azul Open Space Preserve (OSP), include: slender hairgrass (Deschampsia elongata), blue wildrye (Elymusglaucus), big squirreltail (Elymus multisetus), California fescue (Festuca californica), June grass (Koeleria rnacrantha), western melica (Melica californica), small- flowered melica (Melica imperfecta), Torrey's melica (Melica torreyana) and purple needlegrass (Nassella pulchra).s Non - native plant species observed in grasslands in the Los Gatos area include: wild oats (Avena sp.), ripgut brome (Bromus diandrus), soft chess (Bromus hordeaceus), Italian ryegrass (Lolium multiflorum), brome fescue (Vulpia sp.), Italian thistle (Carduus pycnocephalus), Coyote brush (Baccharis pilularis), and clover (Trifolium sp.). c. Shrubland There are approximately 1,650 acres of shrubland in the Los Gatos area, occurring mostly in the MROSD preserves and in undeveloped parcels in the south. Some shrublands also occur in the vicinity of Heinz Open Space and Santa Rosa Open Space. Many of the shrublands are chaparral communities, which generally occur on hotter, drier slopes such as south - facing slopes and ridges. The shrub types observed in shrublands include: Coyote brush (Baccharis pilularis), Manzanita (Arctostaphylos spp.), poison oak (Toxicodendron diversilohum), California sagebrush (Artemisia californica) and sticky monkeyflower (Mimulus aurantiacus). ' Santa Clara Valley Chapter of the California Native Plant Society, 2001. Sierra Azul Preserve Woods Trail Plant List. Partial plant list along Woods Trail from Hicks Road to 1.3 miles past Guadalupe Creek. Compiled by Olive Zappacosta and Sally Casey March 5, 15, 27, April 14, May 18, 23, 26, June 10, 23, July 11, September 12 and October 10, 1996, with periodic additions through August 6, 2001. 15 -9 TOWN OF LOS G A T O S GENERAL PLAN UPDATE B A C K G R O U N D RE P OR T BIOLOGICAL RES 0 RUES d. Woodland/Forest Woodland /forest communities account for approximately 4,329 acres in the Los Gatos area and include riparian woodlands, oak woodlands, broadleaved upland forest and non - native ornamental trees. Riparian woodlands occur along creeks and were observed along Los Gatos Creek, Guadalupe Creek, Pheasant Creek and San Tomas Aquino Creek, and occur along other creeks and drainages. Oak woodlands are located primarily in the southern and eastern portions of the Los Gatos area. The riparian woodlands, associated with the reaches of Los Gatos Creek in the Los Gatos area, generally support a dense, well developed canopy of riparian trees that are dominated by a mix of native species and include non- native trees. Native trees observed along Los Gatos Creek include red willow (Salix laevigata), arroyo willow (Salix lasiolepis), sandbar willow (Salix exigua), white alder (Alnus rhombifolia), Fremont cottonwood (Populus fremontii ssp. fi - emontit), Coast live oak (Qurecus agrifolia), valley oak (Quercus lobata), northern California black walnut Vuglans californiva var. hinsit) and western sycamore (Platanus racemosa). Non - native species observed include acacia (Acacia sp.) and non - native blue gum (Eucalyptus globulus). Riparian woodland observed along Guadalupe Creek, Pheasant Creek, and San Tomas Aquino Creek were similar to the Los Gatos Creek riparian woodlands. In addition to those trees described along Los Gatos Creek, other native trees observed along Guadalupe Creek, Pheasant Creek and San Tomas Aquino Creek include California buckeye (Aesculus californica), California bay (Umbellularia californica), big leaf maple (Acer macrophyllum) and blue gum. Poison oak also occurs in the understory of these creeks. Most of the woodland /forest types are dominated by native trees, but some areas are dominated by ornamental trees. The woodland /forest surrounding Vasona Reservoir is dominated by non - native trees, including blue gum (Eucalyptus globulus), acacia (Acacia sp.) and weeping willow (Salix babylonica) and include Himalayan blackberry (Rubus discolor) in the understory. 15 -10 TOWN OF LOS G A T O S GENERAL PLAN UPDATE B A C K G R O U N D R EP O R T BIOLOGICAL RESOURCES e. Agriculture This cover type consists of approximately 85 acres' in the Los Gatos area and includes orchards and row crops. One of the largest agriculture areas is the North Forty parcel, which contains orchard trees, including walnut Vuglans sp.) and fruit trees.' f. Open Water - Open water habitat consists of approximately 75 acres in the Los Gatos area and includes ponds and reservoirs that are primarily unvegetated. Vasona Reservoir and Lexington Reservoir are the two main open water bodies. The open water habitat of the Vasona Reservoir is approximately 52 acres. Only the northern tip of Lexington Reservoir is located in the Los Gatos area. Cherry Springs Pond in Sierra Azul Open Space Preserve near the eastern boundary of the SOI is also included as open water habitat. g. Creek Approximately 152,981 linear feet of creeks occur in the Los Gatos area. Most of these creeks are considered part of the Guadalupe River watershed and include direct tributaries to the Guadalupe River. Creeks include perennial and ephemeral creek channels, and aboveground and underground reaches. Los Gatos Creek is one of the primary creeks in the area, flowing north to south into and out of the Vasona Reservoir. It is a perennial creek that supports a well - developed riparian woodland. Unlike most urban creeks, Los Gatos Creek is relatively undisturbed. Other main creeks include Guadalupe Creek, Ross Creek, Limekiln Creek and San Tomas Aquino ' This acreage is somewhat different from the number given in Table 2 -4 of the Land Use chapter because the two numbers are based on different data sources. The Land Use chapter discussion of existing land uses is based on Santa Clara County Assessors Parcel Data, conforming to legal parcel boundaries. The number provided here is based on interpretation of 2005 aerial photographs, and vegetation mapping conducted by LSA Associates and MROSD and does not conform to legal parcel boundaries ' Robert Bein, William Frost and Associates, 1999. North Forty Specific Plan Expanded Initial Study. Prepared for the Town of Los Gatos, October. 15 -II TOWN OF LOS G A T O S GENERAL PLAN UPDATE BACKGROUND REPORT B10 L O GI CAL RESOURCES Creek. San Tomas Aquino Creek is also located within the San Tomas Aquino /Saratoga Creek watershed. h. Wetland Wetland habitats were not specifically mapped because of the broad scale mapping used for this analysis. Seasonal wetlands, marshes and other wetland habitats generally occur throughout the grassland, shrubland and woodland/forest communities in the Los Gatos area and along creeks, and potentially along the edges of some open water bodies. 2. Wildlife Habitats a. Developed Landscaped and native trees within the developed areas of the Los Gatos area provide roosting, foraging and/or nesting habitat for many wildlife species. The larger trees provide nesting habitat for raptors, owls and other birds. Species that were observed utilizing the trees within the developed areas during the reconnaissance -level survey consist of mourning dove, northern mockingbird, Nuttall's woodpecker, American crow, western scrub -jay, black phoebe and the non - native Eastern gray squirrel (Sciurus carolinensis). Other bird species in the region that may utilize the urban trees include Cooper's hawk, white - tailed kite, western kingbird, Brewer's blackbird, red- winged blackbird, rock pigeon, California towhee, house finch and house sparrow. Black - tailed deer (Odocoileus hemionus) were observed using the trees within the developed areas for shelter and foraging habitat. Reptiles and amphibians expected to occur in the developed areas include western fence lizard (Sceloporus occidentalis), California slender salamander (Batrachoseps attenuatus) and arboreal salamander (Aneides lugubris). Additionally, urban - adapted mammal species are also expected to occur in the developed areas: Botta's pocket gopher (Thomomys bottae), deer mouse (Peromyscus maniculatus), house mouse (Mus musculus), raccoon (Procyon lotor), Virginia opossum (Didelphis virginiana) and striped skunk (Mephitis mephitis). 15 -12 TOWN OF LOS G A T O S GENERAL PLAN UPDATE B A C K G RD U N D REPO R T B 10 L O G I CAL RES 0 U CE5 b. Grassland Grasslands provide habitat for a relatively small number of wildlife species due to the uniform structure of vegetation. However, the grasslands on the site support populations of small rabbits and rodents, including black - tailed jackrabbit (Lepus californicus), California ground squirrel (Spermopbilus beecheyt) and California meadow vole (Microtus californicus), which provide an important potential prey base for avian and mammalian predators such as red - tailed hawk, golden eagle, great horned owl, short -eared owl, coyote (Canis latrans) and American badger (Taxidea taxus). Other bird species commonly found in grassland habitats within the area include turkey vulture, northern harrier, red - tailed hawk, American kestrel, rock pigeon, mourning dove, wild turkey, barn swallow, cliff swallow, loggerhead shrike, European starling, red - winged blackbird, western meadowlark and house finch. The turkey vulture, red - tailed hawk, American kestrel and great horned owl are wide - ranging species that would include the grassland habitat in their search for food. Likewise, deer and coyotes utilize the grasslands as part of their foraging habitat. c. Shrubland Wildlife species that are typical of shrubland communities in the region include western fence lizard, western whiptail (Aspidoscelis tigris), striped racer (Coluber lateralis), California quail, Anna's hummingbird, ash - throated flycatcher, western scrub -jay, Bewick's wren, wrentit, spotted towhee, California towhee, golden- crowned sparrow, white - crowned sparrow and black - tailed jackrabbit. d. Woodland/Forest Woodlands and forests provide habitat for a large variety of wildlife species. They are particularly important as nesting habitat for migratory and resident birds. Typical species that make extensive use of this habitat but are not necessarily restricted to it include downy woodpecker, chestnut -sided chickadee, Swainson's thrush, song sparrow and American goldfinch Cavity - nesting birds such as the northern flicker use the larger trees and dead snags in this habitat for nesting. The northern pygmy owl in turn often uses 15 -13 TOWN OF LOS G A T O S GENERAL PLAN U P D A T E RAC KG KO UN REPORT BIOLOGICAL RESOURCES abandoned woodpecker holes for nesting. The tops of the trees provide foraging perches for olive -sided flycatchers. Numerous other bird species forage within the foliage and others such as the brown creeper and white - breasted nuthatch forage on the trunks. Dead snags also provide roosting places for various species of bats. When dead trees fall, the trunks provide many microhabitats for amphibians, reptiles, small mammals and a diversity of insects and other invertebrates. Many of the wildlife species typical of either woodland /forest or shrubland habitats were observed freely using both habitats. Riparian woodlands form a closed canopy over the streambed that promotes a cool environment that is important to many native fish, amphibian and bird species. Many Wildlife species found in riparian woodlands occur in other forest types as well. Species observed in the area include Nuttall's woodpecker, hairy woodpecker, chestnut - backed chickadee, black phoebe, mallard, yellow -rumped warbler and mallard Riparian woodlands provide nesting habitat for raptors such as Cooper's hawk, white - tailed kite, red - shouldered hawk and northern pygmy owl, as well as numerous songbird species such as warblers, Pacific -slope flycatcher and black- headed grosbeak. Special- status wildlife species that could occur in the woodlands_indude San Francisco common yellowthroat, yellow warbler, olive -sided flycatcher, loggerhead shrike, white - tailed kite and San Francisco dusky - footed woodrat. e. Agriculture Agricultural areas provide habitat for several species of birds, amphibians, reptiles and mammals. Small mammals that occur in the agricultural areas and crop fields provide a prey base for raptors, snakes and larger mammals. Wildlife species expected to occur in agricultural areas include gophersnake (Pituophis catmifer), western fence lizard, red - tailed hawk, barn owl, mourning dove, rock pigeon, western meadowlark, red - winged blackbird, Brewer's blackbird, brown- headed cowbird, European starling, Botta's pocket gopher and black - tailed jackrabbit. 15 -14 TOWN OF LOS G A T O S GENERAL PLAN UPDATE B A C K G R O U N D REPO R T BIOLOGICAL RESOURCES f. Open Water Bird species observed at Vasona Reservoir and Lexington Reservoir consisted of the following: snowy egret, great egret, double- crested cormorant, American coot, pied -billed grebe, mallard, Canada goose, domestic goose, black phoebe and killdeer. Western pond turtles are known to occur in both reservoirs,' and native and non - native fish species are also likely occur in these two reservoirs. g. Creeks Some of the creeks and drainages within the Los Gatos area are known to support suitable habitat for steelhead, other freshwater fish and amphibians. Amphibians, such as the California red - legged frog (Rana draytonii), Sierran treefrog (Pseudacris Sierra) and western toad (Anaxyrus boreas) may use the creeks and drainages as breeding and /or dispersal habitat. The western pond turtle (Actinemys ma?morata) and aquatic garter snake (Thamnophis atratus) may also use the creeks and drainages. The creeks are also likely to provide a valuable source of water for local terrestrial wildlife. Fish species known to occur in the Guadalupe River watershed, and the creeks and tributaries within the Los Gatos area, include numerous native and non-native fish species, such as California roach (Lavinia Syrremetricus), Sacramento sucker (Catostomus occidentalis), steelhead /rainbow trout (Oncorhynchus mykiss), threespine stickleback (Gasterosteus aculeatus), prickly sculpin (Cottus asper), western mosquitofish (Gambusia affinis), common carp (Cyprinus carpio), goldfish (Carassius auratus), green sunfish (Lepom.is cyanellus) and bluegill (Lepomis macrochirus), among others.' ' California Department of Fish & Game (CDFG), 2008. California Natural Diversity Database (CNDDB). Rarefind. Version 3.1.0. Last updated August 31, 2008. Special - status species occurrences within 10 miles of the Sphere of Influence (SOQ. Wildlife and Habitat Data Analysis Branch, California Department of Fish & Game, Sacramento, California. ' Leidy, R.A, 2007. Ecology, Assemblage Structure, Distribution, and Status of Fishes in Streams Tributary to the San Francisco Estuary, California. SFEI Contribution #530. San Francisco Estuary Institute, Oakland, California. 15 -15 TOWN OF LOS G A T O S GENERAL PLAN UPDATE BACKGROUND REPORT 810 L0 GI CAL RESOURCES h. Wetland Seasonal wetlands, marshes and other wetland habitats generally occur throughout the grassland, shrubland and woodland /forest communities in the Los Gatos area and along creeks and potentially along the edges of open water bodies. Wetlands provide important breeding habitat for amphibians such as the Sierran treefrog and western toad. Some of the species mentioned in the previous wildlife habitat sections also rely on these wetland habitats as a source of water and food. The wetlands may also be used as a water source, on a seasonal basis, for local wildlife. Species observed during the reconnaissance -level survey that may utilize the wetland habitats consist of great egret, snowy egret, Canada goose, mallard, killdeer and black phoebe. Various water bird species are attracted to wetlands and include greater yellowlegs, Wilson's snipe and great blue heron. The western pond turtle, California red - legged frog, Sierran treefrog and western toad may occur in the wetlands in the SOI. 3. Wildlife Movement Corridors Large tracts of open space, such as the ones present in the MROSD open space preserves in the southern portion of the Los Gatos area, provide substantial wildlife corridors for fish, amphibians, reptiles, birds and mammals. Undeveloped parcels, riparian creek corridors and the riparian woodlands associated with Los Gatos Creels, San Tomas Aquino Creek, Guadalupe Creek and other creeks and drainages allow wildlife to migrate, forage and /or disperse. The creek channels provide movement corridors for aquatic species such as fish, frogs and invertebrates. Los Gatos Creek is one of the few urban creeks in the Santa Clara Valley that is relatively undisturbed and intact and therefore is an important wildlife corridor in the Valley. R' Leidy, R.A, 2007. Ecology, Assemblage Structure, Distribution, and Status of Fishes in Streams Tributary to the San Francisco Estuary, California. SFEI Contribution #530. San Francisco Estuary Institute, Oakland, California. 15 -16 TOWN OF LOS G A T O S GENERAL PLAN UPDATE BA C K G R O U N D REPO R T BIOLOGICAL RESOURCES 4. Special- Status Species Special - status species are generally defined as those listed or designated as candidates for listing under the federal ESA or CESA, plant species listed on the California Native Plant Society (CNPS) Inventory ofRare and Endangered Plants, wildlife species protected by the California Department of Fish and Game (CDFG), or species considered to be of special concern by local agencies. Five special - status plant species and 22 special - status wildlife species are expected or known to occur in the Los Gatos area. The plants known to occur in the area are CLAPS List 1B species; none of these plants are federal or State listed. Steellread and California red - legged frog are federally listed wildlife species that are known to occur in the area. California tiger salamander, another federally listed species, may also occur in the area. The determination of whether a special - status species could occur within the Los Gatos area is based on the availability of suitable habitat, the proximity of known 'species occurrences, and knowledge of the species' range and /or mobility. Figures 15 -2 and 15 -3 show the California Natural Diversity Database ( CNDDB) occurrences of special- status plants and animals in the Los Gatos area. The CNDDB is a database of the status and location of rare plants and is maintained by CDFG. The CNDDB is not usually an extensive list, and plant communities that occur on a site are often not included in the CNDDB 1 The CNDDB does not include any known records of federal or State listed plants in the Los Gatos SOI. A complete list of the special - status plant and animals species evaluated in this Background Report is available in Appendix D, Tables D -1 and D -2. tt California Department of Fish and Game (CDFG), 2008. California Natural Diversity Database (CNDDB). Rarefend. Version 3.1.0. Wildlife and Habitat Data Analysis Branch, California Department of Fish and Game, Sacramento, California. Last updated August 31, 20D8. 15 -17 TOWN OF LOS GATOS GENERAL PLAN UPDATE BACKGROUND REPORT BIOLOGICAL RESOURCES O T City of L Town Boundary " 4 WEST Cam phell t I Sphere of Influence k FOXVJ ) Water Body i/ vn. Creek City oaf _ s s ` u z Sarztoga :\ � z ` SAMAR1111 City of - e5` —• Cr ¢' Monte Sereno - - Re 9 LOS GATO ALMADEN Z City of 3: San Jose RVIM LA b 1 l ' 1 J. 7 /j' �s;�� Fj`� �-"- •—�4�.�'"�� eLecyvgton Unincorporated ` ese , oir � ..e...5 Santa Clara County [ ;; ® o Ma Source Califomia Natual Diversity DaUBase (CNDDB). 2008; Santa OaaValley Water District, 2006 CNODB Special Status Plant Species Most Beautiful Jewel- Flower " Loma Priete Hoita Robust Monardella Caper - Fruited Tropidocarpum Hairless Popcorn - Flower and Robust Spinetlower FIGURE 15 -2 SPECIAL STATUS PLANT SPECIES TOWN OF LOS GATOS GENERAL PLAN UPDATE BACKGROUND REPORT BIOLOGICAL RESOURCES City of Sarztoga "$ a3 ^. k yi Lt City of Monte Sereno /e i r� S A exrngtof¢ Veserroir V V D OS i MDes City of Ca nptsell t� Unincorporated Santa Clara County Town Boundary .@ Sphere of Influence Water Body Creek CNDDB Special Status Wildlife Species Pallid Bat Western Pond Turtle 0 O City of 3 San Jose Q ce Califcmia Natural Dhre ity Datafte(CNDDB),200B; Santa Clara Valley Water DMnm2006 FIGURE 15 -3 SPECIAL STATUS WILDLIFE SPECIES TOWN OF LOS G A T O S GENERAL PLAN UPDATE BA C K G R O U N D REPO R T BIOLOGICAL RESOURCES a. Special - Status Plants Five special - status plant species are historically or currently known to occur in the Los Gatos area and 30 plant species potentially occur in the Los Gatos area based on the presence of suitable habitat. These special- status plant species are CNPS List 1B species, but are not federally or State listed. The following five special - status plants are known to occur in the Los Gatos area, based on CNDDB records unless otherwise referenced: ♦ Western leatherwood (Dirca occidentalis) occurs in the Sierra Azul Open Space Preserve and Lexington Reservoir County Park, according to a map from the draft Sierra Azul and Bear Creek Master Plan.' s Loma Prieta hoita ( Hoita strobilna) occurs in four locations in the El Sereno Open Space Preserve, Sierra Azul Open Space Preserve, and on County property near Lexington Reservoir. It also occurs at St. Joseph's Hill OSP according to a map from the draft Sierra Azul and Bear Creek Master Plan." m Robust monardella ( Monardella villosa ssp. globosa) occurs in the Sierra Azul Open Space Preserve. _ ♦ Most beautiful jewel - flower (Streptantbus albidus ssp. peramoenus) also occurs north of Lexington Reservoir on St. Joseph's Hill. ♦ Caper- fruited tropidocarpum (Tropidocalpuna capparideum) was recorded in a 1907 CNDDB record that broadly mapped the Saratoga area, so it is possibly extirpated and there are no other known CNDDB occurrences within a 10 -mile radius of the SOI. Midpeninsula Regional Open Space District (MROSD), 2008b. Sierra Azul and Bear Creek Master Plan: Proceedings from the 2nd Master Plan Public Workshop. http://www.openspace.org/plans_projecu/sierra — azul bear creek mp download.asp "Midpeninsula Regional Open Space District (MROSD), 2008b. Sierra Azul and Bear Creek Master Plan: Proceedings from the 2nd Master Plan Public Workshop. http: //w , ,openspace.org/plans_projecu/sierra_azut — bear — creek — mpj ownload.asp 15 -20 TOWN OF LOS G A T O S GENERAL PLAN UPDATE BACKGROUND REPORT BIOLOGICAL RESOURCES There are an additional 30 special- status plants with the potential to occur in the Los Gatos area based on the potential presence of suitable habitat. These special- status plants species potentially occur in grassland, shrubland, woodland /forest, open water, creek and wetland habitats. Some of these plants are endemic to serpentinite soils, which are present in some grasslands and chaparral habitats in the southern portion of the Los Gatos area. b. Special- Status Wildlife Twenty -two special - status wildlife species are known or expected to occur in the Los Gatos area and 10 other special- status wildlife species may potentially occur based on the possible presence of suitable habitat and known habitat range of the species. Some of the wildlife species that are known to occur or potentially occur in the Los Gatos area, such as steelhead, California red - legged frog, California tiger salamander (Ambystoma californiense), western pond turtle, special- status birds and special - status bats are discussed below in greater detail. i. Steelhead Steelhead are federally listed as threatened and a California Species of Special Concern. Steelhead are anadromous, migrating from the ocean to freshwater streams to spawn, so particular stream channel conditions (temperature, velocity, depth, gravel substrate and water quality) are very important to their successful breeding and survival. Steelhead have been documented in the Guadalupe River watershed, including the Guadalupe River, and tributaries situated within the Los Gatos area, such as Guadalupe Creek, Pheasant Creek, Austrian Creek, Hicks Creek and Rincon Creek. Los Gatos Creek historically supported Steelhead, but the construction of Williams Dam and Austrian Dam created barriers to upstream migration. Currently, reproducing steelhead are confined to the main stem of the I" Leidy, R.A., G.S. Becker, and B.N. Harvey, 2005. Historical Distribution and Current Status of Steelhead/Rainbow Trout (Oncorhyncbus mykiss) in Streams of the San Francisco Estuary, California. Center for Ecosystem Management and Restoration, Oakland, California. 15 -21 TOWN OF LOS G A T O S GENERAL PLAN UPDATE SACK G R O U N D REPO R T BIOLOGICAL RESOURCES Guadalupe River and lower Los Gatos Creek outside of the Los Gatos area." Steelhead may also occur in other creeks within the Los Gatos area, Sierra Azul OSP and St. Joseph's Hill OSP. ii. . California Red - Legged Frog" California red - legged frogs are listed as federally threatened and a California Species of Special Concern. The California red- legged frog has been extirpated or nearly extirpated from 70 percent of its former range. Population declines of this species have been attributed to a variety of factors, with habitat loss and predation by non - native aquatic predators (e.g. bullfrogs, crayfish, other non - native fishes) typically implicated as the primary threats to red - legged frogs. Red - legged frogs occur in and along freshwater marshes, streams, ponds and other semi- permanent water sources. Optimal habitat contains dense shoreline riparian vegetation closely associated with deep, still or slow - moving water. Cattails, bulrushes and arroyo willows provide the habitat structure that seems to be most suitable for red - legged frogs. Although red - legged frogs can occur in intermittent streams and ponds, they are unlikely to persist in streams in which all surface water disappears. Maps for the MROSD draft Sierra Azul and Bear Creek Master Plan depict California red - legged frogs as occurring in the Los Gatos area in several of the creek corridors within the Town, Sierra Azul Open Space Preserve and St. Is Leidy, R.A., G.S. Becker, and B.N. Harvey, 2005. Historical Distribution and Current Status of Steelhead /Rainbow Trout (Oncorbynchus mykiss) in Streams of the San Francisco Estuary, California. Center for Ecosystem Management and Restoration, Oakland, California. 16 Midpeninsula Regional Open Space District (MROSD), 2008b. Sierra Azul and Bear Creek Master Plan: Proceedings from the 2nd Master Plan Public Workshop. bttp: / /www.openspace.org /plans_projects/ sierra_ azul_bear_creek_mp_download.asp 17 Jennings, MR and M.P. Hayes, 1994. Amphibian and Reptile Species of Special Concern in California. Final report to California Department of Fish & Game, Inland Fisheries Division, Rancho Cordova, California. 15 -22 TOWN OF LOS G A T O B GENERAL PLAN UPDATE B A C K G R O U N D REPO R T B10L 0G I CAL RES OUR CE5 Joseph's Hill Open Space Preserve. Among these creeks, California red - legged frogs are listed as occurring in Pheasant Creek, Guadalupe Creek, Los Gatos Creek, Limekiln Creek and other unnamed drainages. Additionally, two studies conducted near the intersection of Shannon and Hicks Roads describe Guadalupe Creek and adjacent drainages as supporting suitable red - legged frog habitat. iii. California Tiger Salamander The California tiger salamander is a federally - listed threatened species and is also a California Species of Special Concern. Tiger salamanders spend the majority of their lives underground in the burrows of rodents such as the California ground squirrel, but breed primarily in temporary water bodies, ditches or stock ponds (if there are no fish). Both aquatic and terrestrial habitats are essential to the persistence of tiger salamander populations. Although no known breeding sites for California tiger salamanders occur within the Los Gatos area, tiger salamanders could occur along the eastern boundary near a known breeding pond above Senator Mine, which is just east of the Town's SOI. iv. Western Pond Turtle The western pond turtle is a California Species of Special Concern. Pond turtles occur in a wide variety of aquatic habitats, including ponds, lakes, marshes, rivers, streams and irrigation ditches that typically have a rocky or 18 Midpeninsula Regional Open Space District (MROSD), 20DSb. Sierra Azul and Bear Creek Master Plan: Proceedings from the 2nd Master Plan Public Workshop. http: //w .openspace.org/ plans_projecm / sierra_ azul_bear_creek_mp_download.asp " H.T. Harvey & Associates, 1999. Shannon Road — Hicks Road Site Constraints Analysis. Prepared for Greenbriar Land Company, San Jose, August 19. 30 Hartesveldt Ecological Consulting Services, 2000. Los Gatos /Hicks Report on the California Red - legged frog, Los Gatos, Santa Clara County. Prepared for Greenbriar Land Company, San Jose, July 14. 15 -23 TOWN OF LOS G A T O S GENERAL PLAN UPDATE BA C K G R O U N D REPO R T R I O LO G)CAL RESOURCES muddy bottom and contain stands of aquatic vegetation" The presence or absence of pond turtles at a given aquatic site is largely dependent on the availability of suitable basking sites and adjacent upland habitat for egg - laying (e.g. sandy banks or grassy open fields) and over - wintering. Occurrences of western pond turtle listed in the CNDDB in Los Gatos area were reported at Vasona Reservoir and Lexington Reservoir. Western pond turtle also occurs in the Cherry Springs Pond at the Sierra Azul OSP. Western pond turtles are also likely to occur in other suitable habitat areas within the Los Gatos area. v. Special - Status Birds Several special - status bird species could nest and /or forage within the Los Gatos area. Burrowing owls, black swifts, golden eagles, white - tailed kites, tri- colored blackbirds and long -eared owls, all California Species of Special Concern, have been recorded nesting approximately 4 to 9 miles from the Town of Los Gatos. The American peregrine falcon, a State endangered and California Fully Protected Species, has been recorded nesting approximately 6.6 miles from the Town. These birds and a number of other special - status birds could forage or potentially nest in the Los Gatos area. vi. Special - Status Bats Several special- status bat species could occur in the Los Gatos area. Trees and /or buildings potentially provide roosting and foraging habitat for pallid bat (Antrozous pallidus), Townsend's big -eared bat (Cotynorhinus townsendis), western mastiff bat (Eumops perotis califo>nicus) and other bat species. With the exception of the pallid bat, there are no CNDDB occurrences of special - status bats within 5 miles of the Los Gatos area. Many bat species in California roost in trees, bridges, caves, mines, buildings and other human man -made structures. Old buildings are used by bats as day roosts for resting " Stebbins, R.C., 2003. A field guide to western amphibians and reptiles. 3rd ed. Houghton Mifflin Company, Boston, Massachusetm. u Midpeninsula Regional Open Space District (MROSD), 2008a. Vegetation mapping provided to LSA Associates, Inc. by MROSD. 15 -24 TOWN OF LOS G A T O G GENERAL PLAN UPDATE BACK GROUND REPORT 810 L 061 CAL RE50 U CES or night roosts. All maternity bat roosts, regardless of the species' status, are protected as sensitive habitat. Other non - special- status bat species, such as the hoary bat (Lasiurus cinereus) and yuma myotis ( Myotis yumanensis) have been recorded within or near the Los Gatos area.' 5. Sensitive Plant Communities CDFG tracks the occurrences of certain plant communities that are considered sensitive and potentially uncommon. These plant communities are listed in the CDFG publication: List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Data Base." The CNDDB does not contain extensive records of sensitive communities and therefore sensitive communities that occur on a site are often not included in the CNDDB. The following CNDDB sensitive communities occur within a 10 -tr le radius of the Los Gatos area: Serpentine Bunchgrass, Northern Maritime Chaparral, Northern Interior Cypress Forest and Maritime Coast Range Ponderosa Pine Forest. The latter three types are located in Santa Cruz County and are unlikely to occur in the Los Gatos SOI. Serpentine Bunchgrass is very likely to occur in the southern portion of the Los Gatos area. Serpentine Bunchgrass is dominated by native bunchgrasses " California Department of Fish & Game (CDFG), 2008. California Natural Diversity Database ( CNDDB). Raref nd. Version 3.1.0. Last updated August 31, 2008. Special - status species occurrences within 10 miles of the Sphere of Influence (SOD. Wildlife and Habitat Data Analysis Branch, California Department of Fish & Game, Sacramento, California. 29 California Department of Fish & Game (CDFG), 2003. List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Data Base (September 2003 edition). CDFG, Wildlife and Habitat Data Analysis Branch; The Vegetation Classification and Mapping Program, Sacramento, California. u California Department of Fish & Game (CDFG), 2008. California Natural Diversity Database ( CNDDB). Rarefend. Version 3.1.0. Last updated August 31, 2008. Special - status species occurrences within 10 miles of the SOI. Wildlife and Habitat Data Analysis Branch, California Department of Fish & Game, Sacramento, California. 15 -25 TOWN OF LOS G A T O S GENERAL PLAN UPDATE 8 A C K G R O U N D REPO R T BIOLOGICAL RESOURCES and usually supports an abundance of native forbs and potentially supports special - status plants. A map in the draft Sierra Azul and Bear Creek Master Plan shows Serpentine grassland in the Sierra Azul Open Space Preserve." Several of the Woodland /Forest types that were mapped by MROSD in the southern Los Gatos area are considered sensitive CNDDB communities: California Bay Association, California Bay Tanoak, Douglas -fir California Bay Association, Mixed Willow, California Buckeye, Valley Oak and California Sycamore. 6. Urban Biodiversity Los Gatos Creek flows through the downtown portion of the Town and San Tomas Aquino Creek flows along the northwestern boundary. Both of these creeks, along with other urban creeks, provide habitat for a diverse array of plants and wildlife species within the urban areas. Additionally, the Town contains an abundance of native and ornamental landscaped trees within the riparian corridors, urban parks, commercial areas and residential neighborhoods. Birds, amphibians, reptiles and mammals reside in these areas and have adapted to living in an urban environment. The diversity of plant and wildlife species within the Los Gatos area provides an opportunity for the public to become educated about natural resources and special - status plants and animals. ib Midpeninsula Regional Open Space District (MROSD), 2008b. Sierra Azul and Bear Creek Master Plan; Proceedings from the 2nd Master Plan Public Workshop. http://www.openspace.org/plms_projecn/sierra_aml_bear creek_rnpdownload.asp 15 -26