1982-171-Authorizing Agreement To Prepare A Focused Environmental Impact ReportRESOLUTION N0. _1211-171
RESOLUTION AUTHORIZING AGREEMENT TO PREPARE A
FOCUSED ENVIRONMENTAL IMPACT REPORT
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the TOWN OF LOS GATOS enter into that agreement to prepare
a focused Environmental Impact Report with KREINES & KREINES, a copy of which is
attached hereto, and that the Mayor is authorized, and he is hereby directed, to
execute said agreement in the same and in behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on the 20th day of September, 1982, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, MarLyn J. Rasmussen,
Peter W. Siemens and Mavor Brent N Ventura
NOES: COUNCIL MEMBERS
ABSTAIN
ABSENT:
ATTEST:
COUNCIL MEMBERS
COUNCIL MEMBERS
SIGNED:
None
CLERK OF THE TOWN OF LOS GA� S�
AGREEMENT
THIS AGREEMENT is made and entered into on~ ; r `7 1982 by
the Town of Los Gatos (TOWN), and Kreines & Kre J ney k CONSUL I ANT .
1. The TOWN desires to contract for the performance of Environmental Services to
include the 'preparation of a Focused Draft and Final Environmental Impact Report
for the following project:
400 Surmont Drive
a. Environmental Impact Report EIR -82 -1
b. Subdivision Application M -81 -23
Requesting approval of a 15 -lot subdivision.
OWNERS: Bate, Anderson and Das
APPLICANT: Riley Associates
2. The CONSULTANT is willing to perform such professional services upon the terms
and conditions herein set forth:
THE PARTIES DO HEREBY AGREE AS FOLLOWS:
SERVICES
1. CONSULTANT shall perform those professional services described in the
"Scope of Services" attached as "ATTACHMENT A."
CONSULTANT'S work products and schedule of delivery shall be in accordance
with the "Work Products and Schedule" attached as "ATTACHMENT B."
Scheduling will depend on factors beyond CONSULTANT'S control including
(but not limited to) prompt submittal of required data by the TOWN, adverse
weather conditions, delay caused by alteration in the scope of the project,
etc. CONSULTANT will diligently perform the required services according to
the schedule outlined above but will not be responsible for delays beyond
his control.
COMPENSATION
2. Compensation for CONSULTANT'S professional services shall be at a firm
fixed price of $14,850.00 payment to be made in accordance with Work
Products and Schedule stated in ATTACHMENT B.
STANDARDS
3. CONSULTANT'S work shall be performed in compliance with the requirements of
the Environmental Quality Act of 1970, as amended (Public Resources Code
Section 21,000 to 21,176, inclusive), and the Guidelines for Implementation
of the California Environmental Quality Act of 1970 originally certified
and adopted by the Secretary of the California Resources Agency as
Administrative Regulations on February 3, 1973, and as thereafter amended,
if applicable.
NOTICES
4. Any notice required to be given to CONSULTANT shall be deemed to be dully
and property given if mailed to CONSULTANT postage prepaid, and addressed
to:
KREINES & KREINES
58 Paseo Mirasol
Tiburon, California 94920
or personally delivered to CONSULTANT as such address or such other address
as CONSULTANT designates in writing to TOWN.
Any notice required to be given to TOWN shall be deemed to be duly and
properly given if mailed to TOWN, postage prepaid. and addressed to:
TOWN OF LOS GATOS
Planning Department
P.O. Box 949
Los Gatos, California 95031
or personally delivered to client at such address of such other as TOWN may
designate in writing to CONSULTANT.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed in
the Town of Los Gatos, State of California.
DATE:
TOWN OF LOS GATOS
BY
MAYOR
DATE:
CONSULTANT
KREINES & KREINES
By
APPROVED AS TO FORM:'
r
WA L Rf V HAYm� f,
TOWN ATTORNEY
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Kreines &Kreine: ATTACHMENT A
58 Paseo Mirasol
Tiburon. CA 94920
415 4359214
`�. EXTENT OF WORK
`.I
DERSTANDING OF THE PROBLEM
The California Environmental Quality Act (CEQA) provides
for a process by which the determination of environmental
impact may be documented for purposes of project review and
approval. The Town of Los Gatos has commissioned the prepara-
tion of an Initial Study on the Anderson - Bate -Das property,
and has found that there may be significant environmental
impact. Accordingly, this proposal addresses the preparation
of a focused environmental impact report (EIR) which will meet
the requirements of CEQA as well as the Town of Los Gatos.
The proposed application is in a highly sensitive area,
known as the Hillside Area of Los Gatos. Potential problems
are identified in the Initial Study with an understanding of
the sensitivity of the Hillside Area. To prepare this
proposal, we have used the Hillside Specific Plan of the Town
of Los Gatos, the standards for reviewing hillside development
in the Town, and various other documents, including the
Shannon Subdivision EIR. .
OVERALL APPROACH
Our approach will be to arrange a meeting with the
neighbors of the project site in order to get their input on
possible impacts. With the information gathered from the
neighbors, we will prepare a focused EIR based on the Initial
Study which will supply the Town with a planning document
containing realistic alternatives to assist in a decision on
the project.
The EIR will be prepared in the following format and will
contain the described information:
INTRODUCTION AND SUMMARY
This introduction will briefly discuss the Town's
decision to have an EIR prepared and the Initial Study. The
summary will briefly describe the impacts of the proposed
project and mitigation measures.
PROJECT DESCRIPTION
This chapter will contain a description of the proposed
Project and its location. Any other projects planned for the
area will be mentioned and agencies having jurisdiction of the
proposed project will be. listed.
Conformance with Local Plans and Policies
We will review the proposed project for conformance with
the Town of Los Gatos General Plan, in particular the Hillside
Specific Plan. We will also review the project for confor-
mance with the Zoning Ordinance of the Town of Los Gatos, in
particular Chapter 4.23 HR or the Hillside Residential Zone.
In addition, we will review the project in terms of the
existing standards for hillside development as adopted by the
Town at the time we are retained.
NEIGHBORHOOD CONCERNS
This section will contain an analysis of the concerns of
neighborhood residents as expressed at a neighborhood meeting
we plan to conduct at the start of our effort.
ENVIRONMENTAL SETTING, IMPACTS, MITIGATION MEASURES
The following items identified in the Initial Study will
be arranged in proportion to their severity and probability of
occurring:
Traffic, Circulation and Streets
The streets giving access to the project site will be
described in terms of their location, function and existing
traffic volumes.
The adequacy of proposed streets will be determined by
comparing the proposal to the Los Gatos Hillside Specific Plan
goals and policies and Standards for Review of Architecture
and Site Applications in the Los Gatos Hillside Area for such
items as roadway design, two means of access, driveway
standards for width, grade and turnouts and driveway
approaches. A chart will be prepared showing the project's
conformance with Town road standards.
Provisions for pedestrians /equestrians will be evaluated
for conformance with the above standards and with the Town's
Trail Map. Provision of other improvements, including curbs
and lighting, will also be discussed.
The proposed electronic gates on access
evaluated by consulting with the Central Fire
District and the Los Gatos Police Department.
for parking will be evaluated in terms of the
the Hillside Specific Plan and standards.
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roads will be
Protection
The provisions
requirements of
The number of trips to be generated by the proposed
project will be estimated both in ADT and peak hour. Levels
of Service will be determined for all surrounding streets,
including volume -to- capacity ratios and a score on the Traffic
Infusion on Residential Environment (TIRE) index.
The possibiity that headlights of project traffic will
impact neighbors will be evaluated.
Mitigation measures will be suggested that may include,
where necessary:
- road design techniques to reduce scarring on
hillsides, improve sight distance and meet Town
standards.
- increased number of parking spaces on -site instead of
along roadways.
- provisions for traffic control methods, such as,stop
signs.
- provisions for safety measures, such as guard rails.
Views
We will undertake a viewshed analysis which uses
photographic views from several different vantage points.
When overlayed on a map, as shown in the attached exhibit of
the Sugarload Concept Plan, the most, ranging to the least,
visible areas of a site can be identified in plan. This
technique can then be applied to the applicant's proposal,
indicating the degree to which the development may be seen
from below.
We will also determine site line sections for all
proposed dwelling sites. Site lines will show:
1. View from an agreed -upon vantage point at lower
elevation.
2. Intervening points, such as knolls, specimen trees
and other (existing or proposed) rooflines.
3. Probable rooflines, assuming applicant's preliminary
building locations and a 30 -foot height limit, and
their effect on ridgelines.
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4. Determination whether residences will protrude above
natural ridgelines or alter their natural contour.
We will determine visual impact of streets, driveways,
building pads and retaining walls. Those parts of the project
visible from the valley floor will be identified.
We will determine if the project complies with Town
standards for:
height of structures
landscaping
. ridgelines
materials and colors for structures
tree removal
We will analyze the project for visibility of project
lighting.
Mitigation measures would be proposed where appropriate
and may consist of:
. relocation of building sites
orientation of residence
height restrictions on residences
locations for visual screening for residences, cuts
and fills
methods of grading
materials and colors for residences; fences and
retaining walls
Earth
We have combined Initial Study topics "Topography ",
"Geology" and "Seismic" into this single category because of
their direct relationship to each other. Seismic impacts, for
example, are directly related to geologic settings and
mitigations. Discussions of grading and earth stabilization
techniques are included herein, since they are usually the
result of slope (topography) and are susceptible to seismic
and geologic hazards.
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We will prepare a slope map of the site, indicating
existing grades of less than 108, between 108 and 308 and
those over 308. We will also identify areas of cuts and
fills, calculate their amounts in cubic yards, and identify
the degree of import or export of material.
We will conduct a geologic reconnaissance of the site,
including digging of test pits. Through this and other
sources, we will identify and map soils and geology. Soils
will be evaluated for erosion, shrink /swell potential, and
slope stability problems.
The area will be mapped by stability designations 1
through 5) from the U.G. Geological Survey maps.
We will identify faults on the project site and near the
project area and identify areas of the site within Santa Clara
"Special Study Zone" along Shannon Fault.
We will recommend mitigation measures, such as the
following, where appropriate:
design and construction techniques to minimize damage
due to ground shaking.
suggestions to minimize cuts and fills through design
of streets, driveways and building pads.
suggestions for foundation systems and proper
orientation relative to slope of land.
recommendations for fills and fill slopes.
erosion control plan for interim and permanent
restoration of cuts and fills.
Source materials for this section will include the following:
U.S. Geological Survey (Nilsen, et al.), "Relative Slope
Stability and Land -Use Planning," 1979.
Soils Report on Das Property, Available Through Project
Engineer, Jim Riley.
Town of Los Gatos General Plan, "Environmental Resources
Management," September 1975.
Santa Clara County General Plan, "Seismic Safety Plan."
Jim Berkland, County Geologist, "Effect of Alquist - Priolo
Act," June 12, 1975.
Policies of State Mining and Geology Board (with respect
to Alquist- Priolo Act), June 26, 1975.
County Ordinance NS- 1203.31, Geologic Reports.
U.S. Department of Agriculture, Soil Conservation Ser-
vice, "Controlling Erosion on Construction Sites,"
Agriculture Information Bulletin 347.
U.S. Department of Agriculture; Soil Conservation Ser-
vice, "Environemtnal Do's and Don'ts on Construction
Sites," Miscellaneous Publication 1291.
Vegetation
The environmental setting will be determined through a
field survey of vegetation. An overall description of the
flora in the project area, together with a detailed checklist
of plants will be prepared. Specimen trees will be identified
by type, size, location and dripline location.
Impacts such as removal or modification of vegetation
directly from construction, or indirectly from changed uses,
such as increased irrigation, will be identified. Trees that
would be removed will be located on a map and their effect on
views and delineation of ridgeline by Town standards noted.
Mitigation measures to preserve trees may be suggested,
if necessary, including:
evaluation of trees to be preserved near construction
areas by a tree specialist.
supervision by a tree specialist during construction
in areas where trees are to be preserved.
the tree specialist to tag trees to be preserved and
alter construction locations if necessary.
the need for plans for erosion control planting and
tree planting and landscape planting.
Hydrology and Water Quality
We will identify and describe existing drainage patterns,
estimate peak discharge volumes and describe runoff water
quality.
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We will indicate the drainage and water quality impacts
of the proposed project including: interim and long term
drainage characteristics, potential for soil erosion hazards,
adequacy of proposed storm drain system, estimate of increased
runoff due to construction of impervious surfaces and
identification of any flood hazard areas downstream of site.
Relationships between the above findings and impacts
discussed in the "Earth" section will be drawn. In particu-
lar, we will address the adequacy of proposed project grading,
erosion control and engineered drainage as they relate to
existing drainage and any alterations thereto.
Mitigation measures will be suggested, as necessary, and
could include:
interim and long term erosion control measures.
indicate the need for an erosion /sedimentation control
plan.
. methods for maintenance of drainage system.
. Revisions of lot patterns.
Public Facilities and Services
We will contact public facility and service - providing
organizations for information regarding the availability and
adequacy of the following services:
Facility or
Service
Water
Sanitary Sewer
Storm Drainage
Solid Waste
Police
Fire
Parks
Gas and Electric
Telephone
ALTERNATIVES
Orqanization
San Jose Water Works
County Sanitation District No. 4
Santa Clara Valley Water District
Warren Terryberry, Santa Clara County
Planning Department
Los Gatos Police Department
Central Fire Protection District
Los Gatos Department of Parks and
Forestry
Pacific Gas & Electric
Pacific Telephone & Telegraph
In compliance with CEQA, but also to make this a more
positive environmental document, we are proposing to prepare
several alternatives which might better eliminate or mitigate
environmental impacts identified in the EIR process.
We will use overlay maps from the viewshed analysis,
geology, slope analysis and vegetation analysis to determine
those areas most suitable for structural development. Based
on this approach, we will show the siting of 15 dwelling units
using the same street pattern which take into account visibil-
ity, lack of grading and tree preservation.
A second alternative will identify alternative lot,
street and driveway locations so that the following impacts
might be minimized, should they be found:
1. Length of streets and driveways per dwelling unit.
2. Degree of cuts and fills required for streets and
driveways.
3. Visibility of streets, driveways and their respective
cuts and fills.
mom
A third alternative could be prepared which would combine the
best aspects of the two alternatives above.
The no project alternative is a requirement of CEQA and
will assume that no subdivision is proposed or approved for
the site, thereby leaving it as private open space.
GROWTH INDUCING IMPACTS
t We will investigate whether the proposed 15 -unit
subdivision will create demand for additional commercial
growth in the Town of Los Gatos. We will also discuss whether
the project will lead to the extension of infrastructure
enabling lands above it to be opened up for development.
RELATIONSHIP BETWEEN LOCAL SHORT TERM USE OF MAN'S ENVIRONMENT
AND THE MAINTENANCE AND ENHANCEMENT OF LONG TERM PRODUCTIVITY
We will investigate if, in the long run, the addition of
the 15 -unit subdivision will actually result in a decrease in
the benefits to the Town of keeping the area open, as
described in the no project alternative
OTHER CEQA SECTIONS
We will discuss other impacts as required by CEQA, as
follows:
Significant Environmental Effects Which Cannot Be Avoided if
the Proposal is Implemented
Environmental Changes Which Would Be Involved in the Proposed
Action
Effects Found Not to Be Significant
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i
Kreines & Kreines
SB Paseo Mirasol
Tiburon, CA 94920
415 435,9214
ATTACHMENT B
SCHEDULE AND COSTS
SCHEDULE
If selected, Kreines & Kreines could begin work
immediately upon selection. The time frame is as follows:
Administrative Draft EIR
(20 copies)
Draft EIR (40 copies)
Final EIR (preparation of
comments and responses)
COST
Time from Selection
3 weeks
1 week after receipt
of staff comments on
Administrative Draft EIR
1 week after receipt
of staff comments
The total cost for the preparation of this EIR is
$14,850. This includes all work to be performed, the extent
of which is described in the section of this proposal entitled
Extent of Work and attendance at the following meetings:
One Neighborhood Meeting (this meeting to be arranged by
the Town will be conducted by Kreines & Kreines).
Two Development Review Committee Meetings
Two Planning Commission Public Hearings
One City Council Public Hearing (if decision is
appealed)
Additional meetings and work items not covered in this
proposal will be billed at the rate of $50.00 per hour.
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ATTACHMENT B
Pavment Schedule
The payment schedule for work completed as described in Attachment A shall be as
follows:
(1) 30% upon submission of the Administrative Draft EIR to the Town.
(2) 40% upon submission of the Draft EIR to the Town.
(3) 30% upon certification of the Final EIR by the Planning Commission.
The consultant shall bill the Town for services completed based on the above
schedule. For any work required by the Town beyond that described in Attachment A,
payment shall be made upon completion of the work and receipt of the bill.
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