Item 02 - N40 Phase 1 - Staff Report Exh.3
INITIAL STUDY
N ORTH 40 P HASE I
D EVELOPMENT P ROJECT
Architecture and Site Application S-13-090
Vesting Tentative Map M-13-014
PREPARED FOR
Town of Los Gatos
March 23, 2016
This document was produced on recycled paper.
N ORTH 40 P HASE 1
D EVELOPMENT P ROJECT
Initial Study
Architecture and Site Application S-13-090
Vesting Tentative Map M-13-014
PREPARED FOR
Town of Los Gatos
Joel Paulson, AICP, Community Development Director
110 East 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
Richard James, AICP
james@emcplanning.com
www.emcplanning.com
March 23, 2016
EMC PLANNING GROUP INC.
TABLE OF CONTENTS
A. B ACKGROUND ............................................................... 1
B. E NVIRONMENTAL F ACTORS P OTENTIALLY A FFECTED ..... 15
C. D ETERMINATION ......................................................... 16
D. E VALUATION OF E NVIRONMENTAL I MPACTS .................. 17
1. Aesthetics ......................................................................... 19
2. Agriculture and Forest Resources ........................................ 22
3. Air Quality ....................................................................... 24
4. Biological Resources .......................................................... 31
5. Cultural Resources ............................................................ 36
6. Geology and Soils .............................................................. 40
7. Greenhouse Gas Emissions ................................................. 43
8. Hazards and Hazardous Materials ....................................... 44
9. Hydrology and Water Quality ............................................. 48
10. Land Use and Planning ...................................................... 53
11. Mineral Resources ............................................................. 54
12. Noise ............................................................................... 55
13. Population and Housing ..................................................... 59
14. Public Services .................................................................. 60
15. Recreation ........................................................................ 62
16. Transportation/Traffic ....................................................... 63
17. Utilities and Service Systems .............................................. 68
18. Mandatory Findings of Significance .................................... 71
E. S OURCES .................................................................... 75
EMC PLANNING GROUP INC.
Appendices (CD Included on Inside Back Cover)
Appendix A Health Risk Analysis
Appendix B Environmental Site Summary
Appendix C Environmental Noise Review
Appendix D Traffic Reports
Figures
Figure 1 Regional Location .............................................................................. 7
Figure 2 Project Vicinity .................................................................................. 9
Figure 3 Existing Conditions .......................................................................... 11
Figure 4 Illustrative Site Plan ......................................................................... 13
EMC PLANNING GROUP INC. 1
A. BACKGROUND
Project Title North 40 Phase I Development Project
Lead Agency Contact Person
and Phone Number
Town of Los Gatos Community Development Dept.
Marni Moseley, Associate Planner, 408-354-6802
Date Prepared March 23, 2016
Study Prepared by EMC Planning Group Inc.
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
Richard James, AICP, Principal
Gina Hamilton, Senior Planner
Elizabeth King, Senior Planner
Project Location North of Lark Avenue, east of State Route 17, and west
of Los Gatos Boulevard in the Town of Los Gatos,
Santa Clara County, CA.
Project Sponsor Name and Address Grosvenor
One California Street, Suite 2500
San Francisco, CA 94111
Summerhill Homes
3000 Executive Parkway, Suite 450
San Ramon, CA 94583
Eden Housing
22645 Grand Street
Hayward, CA 94541
General Plan Designation North Forty Specific Plan
Zoning North Forty Specific Plan
Setting
The project site is located within the southern half of the North 40 Specific Plan area (“Plan
Area”) in the Town of Los Gatos. The project site comprises approximately 20.7 acres and is
bounded by Lark Avenue to the south, State Route 17 to the west, Los Gatos Boulevard to the
east, and State Route 85 to the north. Figure 1, Regional Location, and Figure 2, Project
Vicinity, identify the project location.
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Project Site Existing Conditions
The project site currently hosts a mixture of agricultural and urban uses. Two commercial
buildings and four houses are located along Los Gatos Boulevard. An additional 12 residences
and equipment shed are located on Lark Avenue and Bennett Way. Existing commercial uses
include offices, car rental, and a drinking establishment. Much of the project site is a walnut
orchard.
Project Vicinity Existing Conditions
Existing commercial uses adjacent to the project site and within the plan area include large
medical office buildings along Los Gatos Boulevard near Bennett Way and a gasoline station at
the intersection of Lark Avenue and Los Gatos Boulevard. A mix of houses, commercial, and
agricultural uses are located elsewhere within the plan area and commercial, office, and
residential uses are located across Los Gatos Boulevard and Lark Avenue. State Route 17 is to
the west of the project site. Figure 3, Existing Conditions, illustrates the existing land uses on
and near the project site.
Project Site and Vicinity Planning Designations
The Town of Los Gatos 2020 General Plan (”General Plan”) identifies the project site with the
North 40 Specific Plan Overlay land use designation, which is implemented through the North
40 Specific Plan. The project site is within the Lark and Transition districts of the North 40
Specific Plan, which allow a mix of residential and commercial uses and establish the
development standards for the project site.
CEQA Approach
The Town adopted the North 40 Specific Plan on June 17, 2015. Environmental documentation
for the North 40 Specific Plan, the North Forty Specific Plan Environmental Impact Report (“North
40 EIR”), was certified in January 2015. This initial study has been prepared to compare the
proposed project with the development assumptions studied in the North 40 EIR, to determine if
the North 40 EIR provides adequate environmental review under the California Environmental
Quality Act (“CEQA”), and to assess whether additional environmental review is required in
accordance with CEQA Guidelines section 15162.
Project Summary
The proposed project is Phase 1 of development under the North 40 Specific Plan, and includes
320 new residential units and 67,991 square feet (57,522 net leasable square feet) of new
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commercial space. Existing site improvements would be removed, including: 16 houses, five
commercial buildings (about 9,400 square feet), and accessory structures; an equipment barn;
related infrastructure, landscaping, and orchard trees. The proposed project would result in net
increases of 304 residential units and about 58,600 gross square feet of commercial space. The
applicant has submitted an Architecture and Site application and a Vesting Tentative Map for
Condominium Purposes application to the Town. The submittals include the following
supporting materials:
parcel subdivision map dimensional and horizontal control plans;
demolition diagram;
preliminary grading plan;
preliminary utility plan;
street and site cross-sections;
off-site improvements plan;
fire access diagram;
illustrative site plans;
building, parking, coverage, and open space tabulations;
landscape plans;
residential and commercial building elevations;
residential floorplans;
commercial site plans;
building height diagrams; and
shading diagrams.
The proposed land uses and their arrangement are consistent with the development regulations
contained in the North 40 Specific Plan. Figure 4, Illustrative Site Plan, shows the proposed
location of streets and buildings within the project site.
Transition District Development
Development within the Transition District is proposed to be high density mixed use
development consisting of retail, senior affordable housing, and condominiums designed for
small households (e.g.: young professional and empty nester). Uses in the Transition District
would be primarily multi-story buildings ranging in heights from 25 feet up to 55 feet. The
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proposed improvements for the Transition District include 127 residential units and 67,991 gross
square feet of commercial uses as well as 138,500 square feet of structured parking.
The commercial uses would be clustered along the Los Gatos Boulevard frontage between
Camino del Sol and Terreno de Flores Lane. The commercial component would consist of
restaurants, general and specialty retail, and personal services uses, with a 20,000 square-foot
specialty food market hall as a focal feature. Several one to two-story stand-alone retail buildings
and a live-work building would also be located in the Transition District. Included in the
commercial square footage is a 2,000 square-foot community meeting room.
The senior units would be located as part of a mixed use area within the Transition District. The
senior units would range from about 550 to 800 square feet, and occupy the second and third
stories of the market hall retail building. Row homes and condominiums would be three stories
in height and located between the retail mixed use area and the western boundary of the project
site. The row home and condominium units would range from 1,000 to 2,000 square feet in
buildings arranged around pedestrian paseos.
A combination of surface parking and parking garages would serve the condominiums and retail
uses and a one-story below grade parking garage would serve the senior residential and the
market hall. A variety of public spaces, including garden areas, parks, outdoor eating areas, and
plazas would be located within the Transition District for the use of residents and shoppers.
Lark District Development
The development in the Lark District is proposed to be residential with a centrally located
community park and interconnecting pedestrian paseos. The 193 residential units within the
Lark District would be comprised of one, two, and three bedroom units. The maximum building
height would be 35 feet.
The residential development would consist of garden cluster homes, row houses, and
condominium clusters. Garden cluster units would be built as five- seven- or eight-unit buildings
around individual yard areas, two and three stories tall, with attached and semi-attached units
ranging from approximately 1,200 to 2,000 square feet. The three-story row houses would be in
groups of five, six, or seven units, with units ranging from 1,500 to 1,950 square feet.
Condominium clusters would be three stories in height and include 16 units ranging in size
between 1,000 and 2,000 square feet. Parking would be provided in private garages accessed
from an alley or street.
Infrastructure
Existing infrastructure, including roads, parking areas, septic systems, and wells would be
removed from the project site. An existing regional water delivery pipeline would be re-located
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within the project site and new utility and circulation infrastructure would be constructed to
serve the new development. On-site and off-site infrastructure improvements would be
constructed for the project. New storm water drainage facilities would be constructed to direct
storm water flows to Los Gatos Creek. New water lines would be installed to connect with the
San Jose Water Company facility to the west of Lark Avenue. New wastewater lines would be
constructed to collect wastewater and deliver it to trunk lines leading to the regional treatment
plant.
A new street (South Street A) would be constructed at the midway point on Lark Avenue
providing a connection from Lark Avenue through the residential development and connection
to the new street (Neighborhood Street) which provides access to the commercial area via Los
Gatos Boulevard. Neighborhood Street is located at a point approximately mid-way between
Bennett Avenue and Terreno de Flores Lane. Local private streets and alleys would provide
access to the residential development and provide additional circulation throughout the project
area. Sidewalks and pedestrian paseos (including a multi-use path) would interconnect
throughout the project site, including a path along Lark Avenue and Los Gatos Boulevard, and a
path connecting the Lark District residential uses with the commercial area. Off-site
improvements to the Lark Avenue onramp to northbound State Route 17 would be constructed.
Public Agencies Whose Approval is Required
Lead Agency
Town of Los Gatos
• Zoning Amendment;
• Lot Line Adjustment and Subdivisions;
• Conditional Use Permits;
• Architecture and Site Reviews;
• Encroachment Permits for improvements within a Town street right-of-way;
• Grading Permits;
• Tree Removal Permits;
• Demolition Permits; and
• Building Permits.
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Other Local or Regional Agencies
County of Santa Clara Department of Environmental Health, Solid Waste, and Site
Mitigation Programs (Responsible Agency)
• Construction within a contaminated soils clean-up area.
Santa Clara Valley Water District (Responsible Agency)
• Relocation of district water line.
• New storm water discharges to district facilities.
• Water Resources Protection Ordinance encroachment permit.
Regional Water Quality Control Board (Responsible Agency)
• National Pollutant Discharge Elimination System Permits.
Santa Clara Valley Transportation Authority (Responsible Agency)
• Bus stop construction and/or re-location.
West Valley Sanitation District
• Wastewater system connections
San Jose Water Company
• Water system connections and re-location of existing water transmission facilities
State Agencies
California Department of Transportation (Responsible Agency)
• Encroachment Permits for improvements within a State Route right-of-way.
California Department of Toxic Substances Control (Responsible Agency)
• Construction within a contaminated soils clean-up area.
ProjectSite
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San Jose
Los Gatos
Saratoga
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UV17
UV85
UV35
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§¨¦280
USGS, NGA, NASA, CGIAR,NRobinson,NCEAS,NLS,OS,NMA,Geodatastyrelsen,GSA and the GISUser Community
Figure 1Regional Location
North 40 Phase 1 Initial Study
SiteLocation
Gilroy
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Concord Stockton
Vallejo
Berkeley
Salinas
Sunnyvale
Modesto
Fremont
San Francisco
San Jose
Regional Location
0 2 miles Source: Esri 2010
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¬«17
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University Ave.Los Gatos
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ProjectSite Union Ave.Winchester Blvd.Los Gatos Blvd.Carlton Ave.S. Bascom Ave.Blossom Hill Rd.
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Los Gatos Almaden Rd.Santa Cruz Ave.Daves Ave.Burrows Rd.Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,swisstopo, and the GIS User Community Source: Esri 2010
Figure 2Project Vicinity
North 40 Phase 1 Initial Study
0 0.5 miles
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Phase I
Source: Google Earth 2011
Figure 3
North 40 Phase 1 Initial Study
Existing Conditions
Project Boundary
0 400 feet
OrchardHouseCommercial
Building BarnSound Barrier Wall
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B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving
at least one new impact that is a “Potentially Significant Impact.”
Aesthetics Greenhouse Gas
Emissions
Population/Housing
Agriculture and Forestry
Resources
Hazards & Hazardous
Materials
Public Services
Air Quality Hydrology/Water Quality Recreation
Biological Resources Land Use/Planning Transportation/Traffic
Cultural Resources Mineral Resources Utilities/Service Systems
Geology/Soils Noise Mandatory Findings of
Significance
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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.
Joel Paulson, Community Development Director Date
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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.
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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 January 2011.
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.
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1. 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? (1, 2, 3, 5)
b. Substantially damage scenic resources,
including but not limited to trees, rock
outcroppings, and historic buildings within a
state scenic highway? (1, 11)
c. Substantially degrade the existing visual
character or quality of the site and its
surroundings? (1, 2, 3, 5)
d. Create a new source of substantial light or
glare, which would adversely affect day or
nighttime views in the area? (2, 3)
Comments:
a. As discussed in the North 40 EIR (pages 3-8 – 3-10), the North 40 Specific Plan
establishes development parameters for the project site, some of which could have an
effect on views of scenic vistas, including specifications for landscaping, development
density, bulk, and height of future development. Of these, height limits and landscaping
are most likely to have effects on views.
The North 40 Specific Plan allows a hotel and a mixed use with affordable units building
up to 45 feet tall, and residential and non-residential buildings up to 35 feet tall. A further
height limit of 25 feet is placed on any portion of a building within 50 feet of Lark
Avenue or Los Gatos Boulevard. With the exception of the market hall/senior housing
building, all of the proposed buildings are 35 feet tall or lower. The market hall/senior
housing building would have a height of 45 to 51 feet, including architectural features
and mechanical equipment. The height exception is being requested as a waiver of
development standards through the State Density Bonus Law which prohibits the Town
from imposing a design standard that precludes the applicant from providing the density
(number of units) permitted with the density bonus.
The North 40 EIR determined that buildings near State Route 17 could reach 35 feet in
height before they began to break the mid-range vegetation line shown in North 40 EIR
Figure 14. The buildings proposed adjacent to State Route 17 have a maximum height of
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35 feet. The buildings would be visible from the highway until the buffer landscaping
matured, at which time they would be obscured from view. The market place/senior
housing building would be located about 425 feet from the State Route 17 right-of-way,
and the additional 10 to 13 feet of height would not interfere with views toward the
Santa Cruz Mountains.
The North 40 EIR determined that the tree buffer proposed in the North 40 Specific Plan
along the State Route 17 and State Route 85 frontages would be consistent with General
Plan policy, which calls for a vegetative buffer and screening along the freeways. The
North 40 EIR noted that the list of three tree species identified in the North 40 Specific
Plan for the perimeter areas adjacent to the freeway may eventually reach dimensions
that could result in partially obscured views of the mountains from State Route 17. The
North 40 EIR concluded that the landscape buffer along State Route 17 and State Route
85 would implement General Plan policy, and the landscape screening would have a
less-than-significant impact on scenic views. The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
The North 40 Specific Plan provides a list of three acceptable trees for the perimeter
areas adjacent to the freeways: Coast live oak (Quercus agrifolia), Coast redwood (Sequoia
sempervirens), and Monterey pine (Pinus radiata). The planting palette for the Transition
District identifies these three tree species as buffer trees (Architecture and Site
application, sheet 2.5). The Lark District planting palette does not show any particular
trees for the highway buffer area, but Sheet 6.18 provides a detail showing the use of
Canary Island Pine adjacent to the proposed sound wall, therefore, a vegetative buffer
would obscure views of most of the proposed Lark District buildings. The certified North
40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
b. State Route 17 is not an eligible scenic highway where it passes the project site. The
project site is not visible from State Route 85. The North 40 EIR concluded that neither
of the adjacent State Route segments is designated as a scenic highway, and therefore,
development under the North 40 Specific Plan would not damage scenic resources
within a state scenic highway (North 40 EIR, page 3-10). The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
c. The project site includes developed areas and orchards. The clearest views into the
project site are from Lark Avenue and northbound State Route 17. The proposed project
would result in development of approximately half of the undeveloped land within the
North 40 Specific Plan. Phase 1 development is expected to occur over a period of
approximately two to five years. The North 40 Specific Plan establishes development
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parameters that will affect how development changes the character of the project site,
including requirements for open space and landscaping, and limitations on height,
density, and bulk of future development. The proposed project is consistent with the
development parameters. The proposed project would result in development heights
mostly similar to the existing office buildings within the Plan Area and along Los Gatos
Boulevard. In one area, the project proposes buildings taller than those currently existing
on the west side of Los Gatos Boulevard, but lower than buildings in neighboring
jurisdictions in close proximity to the project site and Los Gatos Boulevard.
Development of the proposed project would be consistent with that envisioned in the
North 40 Specific Plan, and compatible with existing development within the Plan Area
as well as in adjacent areas. The certified North 40 EIR adequately addresses the impacts
and therefore, no further environmental analysis is necessary. North 40 EIR Mitigation
Measure AES-1 requires setbacks to existing houses, to reduce the severity of changes in
aesthetic character, however the proposed project does not include any locations where
this would apply.
d. The proposed project would result in development consistent with that considered in the
North 40 EIR and the approved Specific Plan. The North 40 EIR concluded that
development under the North 40 Specific Plan would result in less-than-significant
impacts associated with light and glare (North 40 EIR, page 3-15). The proposed project
would be subject to the same lighting policy identified in the North 40 EIR (Policy CD-
3.2). In addition, development would be subject to the lighting and design standards
identified in the North 40 Specific Plan which address effects of lighting and glare.
Therefore, the proposed project would result in less-than-significant impacts associated
with light and glare. The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary.
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2. AGRICULTURE AND F OREST R ESOURCES
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?
(1,2,4)
b. Conflict with existing zoning for agricultural
use, or a Williamson Act contract? (1, 2,5)
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)
d. Result in the loss of forest land or conversion
of forest land to non-forest use? (1)
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?
(1,2,4)
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Comments:
a. The North 40 EIR determined that portions of the Plan Area planted in orchard are
designated as Unique Farmland, and that implementation of the North 40 Specific Plan
would result in the conversion of approximately 27 acres of Unique Farmland to urban
uses. The North 40 EIR concluded that the loss of this Unique Farmland is a significant
and unavoidable impact, and the Town Council adopted a statement of overriding
considerations finding that the benefits of development on this land will outweigh the
significant and unavoidable environmental impact (North 40 EIR, page 3-20).
The proposed project would result in the conversion of the same agricultural lands as
were evaluated in the North 40 EIR. Therefore, the loss of agricultural land attributed to
the proposed project has already been adequately analyzed and disclosed in the North 40
EIR. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary.
b. The North 40 EIR determined that the plan area is not under Williamson Act contract,
nor are any nearby parcels within Los Gatos (General Plan, Land Use Element, Figure
LU-2). The portions of the project site that are planted in orchard were formerly zoned
Resource Conservation. With final approval of Ordinance 2242 on August 4, 2015, the
Los Gatos Town Council re-zoned the project site to North 40 Specific Plan Area. The
proposed project is consistent with the North 40 Specific Plan development regulations.
The proposed project would have no impact on land under Williamson Act contracts or
zoned for agricultural uses. This determination is consistent with that in the North 40
EIR. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary.
c/d. The majority of the project site is planted in orchards, and the remainder of the project
site is developed with residential and commercial uses. There are no forestry resources in
the project site, and thus no impact.
e. The North 40 EIR determined that the North 40 Specific Plan would not result in
impacts to agricultural or forest resources beyond that identified earlier. The proposed
project is consistent with the North 40 Specific Plan, and likewise does not have the
potential to affect agricultural resources not already discussed above. The certified North
40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
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24 EMC PLANNING GROUP INC.
3. AIR Q UALITY
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?
(1, 2, 5,17,19, 21)
b. Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation? (1, 2, 16,20, 21)
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)? (1, 2, 19, 21)
d. Expose sensitive receptors to substantial
pollutant concentrations? (1, 2, 20, 21,23)
e. Create objectionable odors affecting a
substantial number of people? (1, 2, 3,4)
Comments:
a. The North 40 EIR identifies Bay Area Air Quality Management District (“air district”)
2010 Clean Air Plan control measures that are potentially applicable to residential and
commercial projects. These control measures are summarized in Section 3.3, Air
Quality, in the North 40 EIR, pages 3-42 – 3-44. The North 40 EIR determined that the
North 40 Specific Plan would implement many of the control measures, which are
requirements of the General Plan or the Los Gatos Sustainability Plan. However, the EIR
also determined that several of the control measures would not be implemented. The
North 40 EIR concluded that implementation of mitigation measures presented in
Section 3.13, Transportation and Traffic, and implementation of North 40 EIR
Mitigation Measures AQ-1, AQ-2, and AQ-3 would eliminate conflicts with the 2010
Clean Air Plan and reduce impacts associated with inconsistencies with applicable
control measures of the 2010 Clean Air Plan to a less-than-significant level.
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EMC PLANNING GROUP INC. 25
The proposed project would be required to implement these mitigation measures as
applicable. Implementation of these mitigation measures would reduce project impacts
associated with inconsistencies with applicable control measures of the 2010 Clean Air
Plan to a less-than-significant level. This conclusion is consistent with that in the North
40 EIR. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary.
North 40 EIR Mitigation Measures Addressing Impacts
AQ-1. Low NOX emitting heating systems shall be required for commercial, office, and hotel uses.
AQ-2. Parking lots shall provide charging stations at a rate of no less than one percent of parking
spaces.
AQ-3. All commercial developments shall incorporate energy reduction measures, including cool
pavement materials, cool roof materials, and/or renewable energy sources, such as on-site
solar power, to partially off-set electricity needs within the Plan Area. Common areas
within commercial, office, and hotel developments shall utilize solar-generated or other
renewable source electricity, or provide facilities for contribution of a like amount of
renewable electricity to the electric grid.
TR-4. The developer(s) shall work with the Town and Santa Clara Valley Transportation
Authority regarding the provision of a shuttle service or regularly scheduled direct bus route
service to the Vasona light rail station, to be in service concurrent with commencement of
revenue service on the Vasona light rail extension.
TR-5. The developer(s) shall work with the Town and Santa Clara Valley Transportation
Authority, and other agencies to ensure that the Plan Area is developed in a manner that
takes full advantage of the transit opportunities afforded by the Vasona Light Rail.
TR-6. Development within the Lark District near the intersection of Lark Avenue and Los Gatos
Boulevard shall provide a direct pedestrian/bicycle access between residential areas and the
intersection of Los Gatos Boulevard and Lark Avenue.
TR-7. Either bicycle lanes or sharrows (shared lane markings) shall be provided on A Street
between Los Gatos Boulevard and Lark Avenue. The speed limit shall be no greater than
30 miles per hour, and Bikes May Use Full Lane signs (Caltrans sign R4-11) shall be
placed on streets marked with sharrows.
b/c. The air basin is in non-attainment for ozone and particulate matter. Future emissions of
ozone precursors (nitrogen oxides or volatile organic compounds) or particulate matter
(PM10 or PM 2.5) from specific development projects could result in an increase in non-
attainment criteria pollutants within the air basin. Vehicle miles traveled is the air
district’s recommended measure of a plan’s long-term effect on criteria air pollutant
emissions (North 40 EIR, page 3-45).
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As discussed in the North 40 EIR (pages 3-45 and 3-46), to compare vehicle miles
traveled, the plan area’s existing population and trips were compared to projected
population and trips. The service population in the plan area was expected to increase by
over 800 percent, but the vehicle miles traveled was estimated to increase by only about
400 percent, therefore, there would be a reduction in vehicles miles traveled per capita,
and no significant impact on criteria air pollutants. The proposed project is consistent
with the North 40 Specific Plan and should realize the same or similar reduction in per
capita vehicle miles traveled. The certified North 40 EIR adequately addresses the
impacts and therefore, no further environmental analysis is necessary.
d. Construction of the proposed project would take place adjacent to several existing
houses. Construction of the storm water drainage connection west of Oka Road would
take place adjacent to the Bonnie View mobile home park. Construction of the water
main connection south of Lark Avenue would take place adjacent to houses on Highland
Oaks Drive. Construction in these locations would result in dust emissions (particulate
matter) that could affect residents of these areas.
The North 40 EIR concluded that implementation of Mitigation Measure AQ-4 would
reduce impacts associated with construction dust to a less-than-significant level (North
40 EIR, page 3-47; North 40 Final EIR, page 3-5). The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
North 40 EIR Mitigation Measure Addressing Impacts
AQ-4. The developer(s) shall implement basic dust control measures at all on-site and off-site
locations where grading or excavation takes place. The developer(s) shall implement
additional dust control measures at all on-site and off-site locations where grading or
excavation takes place within 200 feet of residential properties.
Basic Dust Control Measures:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered;
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited;
d. All vehicle speeds on unpaved roads shall be limited to 15 mph;
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EMC PLANNING GROUP INC. 27
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used; and
f. Post a publicly visible sign(s) with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
Additional Dust Measures
g. All excavation, grading, and/or demolition activities shall be suspended when
average wind speeds exceed 20 mph;
h. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted
in disturbed areas as soon as possible and watered appropriately until vegetation is
established; and
i. Unpaved roads shall be treated with a three to six inch compacted layer of wood
chips, mulch, or gravel.
The project site is adjacent to two arterial streets and one freeway. High volumes of
traffic, including heavy diesel trucks, use these roads. State Route 17 has an average
daily traffic volume of 86,000 vehicles, and the Lark Avenue onramp has a daily volume
of 14,400 vehicles. State Route 17 traffic includes about 2.5 percent heavy duty trucks
and about three percent other trucks. Los Gatos Boulevard and Lark Avenue have daily
traffic volumes of fewer than 30,000 vehicles (North 40 EIR, page 3-48).
Based on air quality assessment prepared for the North 40 Specific Plan (Illingworth and
Rodkin 2013), the North 40 EIR determined that the diesel particulate matter and total
organic gas emission cancer risks associated with Los Gatos Boulevard and Lark Avenue
are less than significant beyond ten feet from the edge of those roadways. For State
Route 17, Illingworth and Rodkin conducted in-depth dispersion modeling of toxic air
contaminants to evaluate health risk factors. Based on the results of this modeling, as
presented in the air quality assessment, the North 40 EIR also determined that cancer
risks were projected to be the highest at the southwest corner of the project site, near the
State Route 17 on-ramp from Lark Avenue, where the cancer risk was 14.3 cases in one
million. Cancer risks that exceed the air district’s ten-in-one million threshold were
projected to extend northward for the entire length of the project site’s western boundary,
and extend into the project site by about 100 to 140 feet. Due to changes in diesel engines
and diesel fuel that were phased in through 2015, and ongoing changes to the fleet mix
on highways, the extent of the project site affected by toxic air contaminants is expected
to drop. As of 2015, the area of significant effect is expected to be only about 50 feet into
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the project site. Non-cancer health risks from diesel particulate matter and total organic
gas emissions did not exceed the air district’s threshold. The location of health risks in
excess of thresholds is identified on Figure 15, Health Risks, in the North 40 EIR (page
3-49). The air quality assessment is included as Appendix D in the North 40 EIR.
The North 40 Specific Plan designates a perimeter overlay zone at all of the plan area
boundaries. The perimeter overlay zone includes a minimum 30-foot setback of buildings
from the State Route 17 property boundary. The North 40 Specific Plan also includes a
landscaped buffer within this setback along State Route 17. However, residential uses
could be placed within areas with toxic air contaminants in excess of standards (North
40 EIR, page 3-51), i.e. the area between 30 feet and 50 feet from the highway right-
of-way.
The North 40 EIR concluded that implementation of Mitigation Measures AQ-5 and
AQ-6, as presented in Section 3.3, Air Quality, in the North 40 EIR would reduce toxic
air contaminant health risks to a less-than-significant level (North 40 EIR, pages 3-48
and 3-51). North 40 EIR Mitigation Measure AQ-6 requires further study if residential
development is proposed within 50 feet of State Route 17.
North 40 EIR Mitigation Measures Addressing Impacts
AQ-5. High efficiency filtration (MERV rating of 13 or greater) on ventilation systems shall be
required in residential, hotel, and office units located in areas along State Route 17
identified in the EIR as having cancer risk in excess of 10 cases per million.
AQ-6. Ground-level outdoor residential yards that are not oriented to the Los Gatos Boulevard
side of the Plan Area, shall be located no closer than 100 feet from the State Route 17 right-
of-way prior to 2015, and, subject to air hazards modeling to confirm, no closer than 50 feet
from the State Route 17 right-of-way thereafter (when diesel fuel and engine changes will
reduce diesel emissions levels).
(Additional analysis has demonstrated that the Phase 1 residential building placement as
shown on the plan set dated February 8, 2016, is acceptable.)
The Vesting Tentative Map indicates that some residential units (all or part of about six
units) would be closer than 50 feet from State Route 17. Illingworth and Rodkin was
contacted and stated that the MERV 13 ventilation system filtration required by
Mitigation Measure AQ-5 would be enough to reduce average cancer rates at the
residences to below 10 cases per million, with or without a 50-foot setback. New homes
in California must have mechanical ventilation systems, per requirements of California
Code of Regulations 2008, Title 24, Section 150(o), and the filtration can be incorporated
into this system. The reduction in health risks within the interior of buildings would
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EMC PLANNING GROUP INC. 29
result in an overall reduction in health risks, so that the higher risk associated with
outdoor air exposure would be offset. Illingworth and Rodkin estimate that with an
average of two hours of outdoor air exposure and use of MERV 13 filtration, the
averaged exposure would be reduced by about 46 percent. Therefore, with
implementation of the MERV 13 filtration, the averaged cancer risk would be expected
to decrease by close to half, and the location with the highest cancer risk factor would be
reduced to below the 10.0 cases per million threshold. The Illingworth and Rodkin
modeling was conducted for locations 1.5 meters (about five feet) above ground level.
Studies indicate that toxic air contaminant concentrations are reduced at heights
corresponding to the second and third stories of buildings, thus reducing outside
exposures for balconies. Refer to Appendix A, Health Risk Analysis, for additional
detail. Exposure of residents to toxic air contaminant health risks would be less than
significant. The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary.
As discussed in the North 40 EIR, development under the North 40 Specific Plan would
increase traffic volumes at numerous intersections and reduce levels of service at several
intersections. However, the proposed project would not result in hourly traffic volumes
in excess of 44,000 vehicles at any of the street intersections, and therefore, the North 40
EIR concluded that development under the North 40 Specific Plan would not result in a
significant environmental impact from concentrations of carbon monoxide (pages 3-51).
The proposed project would constitute partial build-out of the plan area as described in
the North 40 Specific Plan and evaluated in the North 40 EIR. Because of this, increases
in traffic volumes would be less than were calculated for the North 40 Specific Plan, and
the proposed project would likewise result in less-than-significant impacts from
concentrations of carbon monoxide. The certified North 40 EIR adequately addresses
the impacts and therefore, no further environmental analysis is necessary.
As discussed in the North 40 EIR (page 3-51), the gas station within the plan area has a
screening level cancer risk that is significant to a distance of about 100 feet from the gas
pumps. Additional analysis was conducted by Illingworth and Rodkin (2013), who
determined that cancer risk at 50 feet from the pumps would be 2.4 cases in one million.
The Lark Avenue Carwash has gas pumps, with a cancer screening level risk of 1.6 cases
in one million. The San Jose Water Company operates a back-up generator at the
reservoir south of Lark Avenue, and at least 350 feet from the project site. Illingworth
and Rodkin estimated the cancer risk at the nearest project site boundary to be 5.8 cases
in one million. All of the stationary sources within 1,000 feet of the plan area have
cancer risk levels below the threshold of 10 new cases in one million. The North 40 EIR
concluded that toxic air emissions from stationary sources would have a less-than-
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significant environmental impact (page 3-51). The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
As discussed in the North 40 EIR (pages 3-51 and 3-52), demolition of buildings that
could include asbestos-containing materials could pose a health risk. Standard
requirements for permitting removal and handling of asbestos would reduce potential
effects from asbestos from building demolition to a less-than-significant level. Soils-borne
asbestos is considered a significant issue when susceptible populations may be exposed to
asbestos, such as at playgrounds and schools, or residential yards. The project site is not
adjacent to a stream that could have transported asbestos from ridge tops, where it
typically originates. The North 40 EIR concluded that the likelihood of high levels of
asbestos in the soil is low, and considered a less-than-significant impact (North 40 EIR
page 3-52). The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary.
e. The North 40 EIR determined that, based on the land uses proposed in the North 40
Specific Plan, there is no potential for substantial odors. The proposed project includes
the same ranges of land uses as directed by the North 409 Specific Plan, and would result
in no impacts associated with substantial odors (North 40 EIR, page 3-52). The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
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EMC PLANNING GROUP INC. 31
4. BIOLOGICAL R ESOURCES
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 Wildlife
or US Fish and Wildlife Service? (1,2,3,4,5)
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 Wildlife
or US Fish and Wildlife Service? (1,2,3,4)
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? (1,2,3,4)
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? (1,2,3,4)
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
(1,2,3,4,12,13)
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? (1,2,3,4)
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Comments:
a. The North 40 EIR determined that (pages 3-61 and 3-62):
The plan area contains suitable areas for protected nesting birds, and if protected
nesting birds are nesting in or adjacent to a construction or tree trimming/removal
area during the bird nesting season (February 1 through August 31), then
construction activities could result in the loss of eggs, nestlings, or otherwise lead to
nest abandonment, which would be a significant impact. Based on the presence of
suitable nesting habitat, there is moderate potential that, during certain times of the
year, the project site could contain the active nests of protected bird species.
Sustained noise-generating disturbance activities generating sustained noise greater
than 85 decibels have the potential to adversely impact protected nesting birds.
Mature tree removal could conflict with General Plan policy ENV 4.7, which
establishes protective measures requiring the preparation of a mitigation plan prior
to the removal of nesting habitat for development.
Although burrowing owl was not observed during 2011 focused surveys, there is
some, albeit low, potential for this species to become established and occupy
habitats within the project site prior to construction activities, based on the presence
of patches of non-native grassland containing active ground squirrel burrows.
Marginally suitable roosting habitat is present within the project site for special-
status pallid bat (Antrozous pallidus). Therefore, development under the North 40
Specific Plan (specifically demolition of buildings where bats may roost) has some,
albeit low potential to directly affect individual pallid bats should they be roosting
on the project site during construction activities.
The North 40 EIR concluded that implementation of Mitigation Measures BIO-1
through BIO-5 regarding special-status species, as presented in Section 3.4, Biological
Resources, in the North 40 EIR would reduce potentially significant impacts to these
protected biological resources to a less-than-significant level (North 40 EIR, pages 3-62
and 3-63). The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary. The proposed project would result in
development that was considered in the North 40 EIR. Therefore, the proposed project
could result in the same potential significant impacts to special-status species as those
identified in the North 40 EIR. Implementation of Mitigation Measures BIO-1 through
BIO-5 would reduce potentially significant impacts to special-status species to a less-
than-significant level.
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North 40 EIR Mitigation Measures Addressing Impacts
BIO-1. If noise generation, ground disturbance, vegetation removal, or other construction activities
begin during the nesting bird season (February 1 to August 31), or if construction activities
are suspended for at least two weeks and recommence during the nesting bird season, then
the project developer shall retain a qualified biologist to conduct a pre-construction survey
for nesting birds. The survey shall be performed within suitable nesting habitat areas on the
project site, and as feasible within 250 feet of the site boundary, to ensure that no active
nests would be disturbed during project implementation. This survey shall be conducted no
more than two weeks prior to the initiation of disturbance and/or construction activities. A
report documenting the survey results and plan for active bird nest avoidance (if needed)
shall be completed by the qualified biologist and submitted to the Town of Los Gatos for
review and approval prior to disturbance and/or construction activities.
If no active bird nests are detected during the survey, then project activities can proceed as
scheduled. However, if an active bird nest of a native species is detected during the survey,
then a plan for active bird nest avoidance shall determine and clearly delineate an
appropriately sized, temporary protective buffer area around each active nest, depending on
the nesting bird species, existing site conditions, and type of proposed disturbance and/or
construction activities. The protective buffer area around an active bird nest is typically 75-
250 feet, determined at the discretion of the qualified biologist and in compliance with
applicable project permits.
To ensure that no inadvertent impacts to an active bird nest will occur, no disturbance
and/or construction activities shall occur within the protective buffer area(s) until the
juvenile birds have fledged (left the nest), and there is no evidence of a second attempt at
nesting, as determined by the qualified biologist.
The developer(s) shall be responsible for the implementation of this mitigation measure,
subject to monitoring by the Town of Los Gatos.
BIO-2. To avoid impacts to burrowing owls, a qualified biologist will conduct a two-visit (i.e.
morning and evening) pre-construction presence/absence survey at all areas of suitable
habitat on and within 300 feet of the construction site within 30 days prior to the start of
construction. Surveys will be conducted according to methods described in the Revised Staff
Report on Burrowing Owl Mitigation (California Department of Fish and Wildlife 2012).
If pre-construction surveys are undertaken during the breeding season (February through
August) and locate active nest burrows near construction zones, then these nests and a 200-
meter (600-foot) exclusion zone will be delineated which must remain off-limits to ground-
disturbing activities until the breeding season is over. The exclusion zone shall be clearly
delineated/fenced, and work could proceed within the exclusion zone after the biologist has
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determined that fledglings were capable of independent flight and the California
Department of Fish and Wildlife has approved the recommencement of work inside the
exclusion zone, or has authorized physical relocation of the owls. Nesting owl pairs
physically relocated (after consultation and approval from the California Department of
Fish and Wildlife) as a consequence of construction activities are typically provided a
habitat replacement mitigation ratio of 6.5 acres per owl pair/territory relocated.
The project developer(s) shall be responsible for the implementation of this mitigation
measure, subject to monitoring by the Town of Los Gatos.
BIO-3. To avoid impacting active bat roosts, if present, any vacant buildings on the site proposed
for removal that are boarded up prior to construction (dark in the daytime) shall be opened
in the winter months (prior to mid-March) to allow in light, making these areas non-
suitable for use as bat roosts.
The developer(s) shall be responsible for the implementation of this mitigation measure,
subject to monitoring by the Town of Los Gatos.
BIO-4. Mature trees removed due to project implementation shall be removed in two stages (with
the limbs removed one day, and the main trunk removed on a subsequent day) to allow any
potentially present day-roosting bats the opportunity to relocate. If bat roosts are
encountered during tree removal, a bat specialist shall be hired to assist in any relocation
efforts.
The developer(s) shall be responsible for the implementation of this mitigation measure,
subject to monitoring by the Town of Los Gatos.
b-d. The North 40 EIR determined that there is no riparian habitat, no potentially
jurisdictional wetlands or waterways, or any natural wildlife movement corridors in the
plan area (North 40 EIR pages 3-63 and 3-64).
The proposed storm water improvements consist of the installation of a storm drainage
pipe connecting an existing 36-inch pipe crossing under State Route 17 with an existing
42-inch pipe and outfall to Los Gatos Creek, consistent with the North 40 Specific Plan
The North 40 EIR concluded that development under the North 40 Specific Plan would
result in no on- or off-site impacts to riparian habitat, wetlands, and movement corridors
(North 40 EIR, pages 3-63 and 3-64). The certified North 40 EIR adequately addresses
the impacts and therefore, no further environmental analysis is necessary.
e. The proposed project would result in development consistent with the North 40 Specific
Plan, as considered in the North 40 EIR. The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary. The
North 40 EIR concluded that implementation of Mitigation Measure BIO-5 regarding
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tree removal, as presented in Section 3.4, Biological Resources, in the North 40 EIR and
below would reduce impacts to protected trees to a less-than-significant level (North 40
EIR, pages 3-64).
North 40 EIR Mitigation Measure Addressing Impacts
BIO-5. Prior to tree removal, a Tree Preservation Report or Tree Protection Plan shall be prepared
by a qualified arborist, and a Tree Removal Permit shall be obtained stipulating exactly
how many protected trees of each species will be removed and how many will then be
required as replacement plantings, along with where they can be planted, and any
applicable maintenance requirements. Retained trees shall be protected during construction
according to the measures specified in the Tree Protection Ordinance (Town of Los Gatos
2003).
The project developer(s) shall be responsible for the implementation of this mitigation
measure, subject to monitoring by the Town of Los Gatos.
f. The North 40 EIR determined that (page 3-65):
The plan area is not located within a habitat conservation plan area or natural
community conservation plan area.
The Plan Area is outside the boundary of the Santa Clara Valley Habitat Plan. The
Santa Clara Valley Habitat Plan covers Los Gatos Creek to the west, and extensive
areas to the east, but does not include the plan area.
Based on these determinations, the North 40 EIR concluded that development under the
North 40 Specific Plan would result in no impacts associated with development within a
habitat plan area (North 40 EIR, pages 3-65). The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
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5. CULTURAL R ESOURCES
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? (2,3,4)
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to section 15064.5? (2,3,4,6)
c. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature? (1,2,3,4,5)
d. Disturb any human remains, including those
interred outside of formal cemeteries?
(2,3,4,6)
Comments:
a. The North 40 EIR determined that the North 40 Specific Plan would result in significant
and unavoidable impacts to historic resources due to the removal of buildings within the
plan area that have been identified as potentially historic, having an association with the
area’s agricultural past. Six buildings (or groups of buildings on a single site) are listed in
the historic resources evaluation (Appendix G in the North 40 EIR) as potentially
eligible as state historic resources (Final EIR, pages 4-8 and 4-9). The implementation of
Mitigation Measures CR-1 as presented in Section 3.5, Cultural Resources, in the North
40 EIR would reduce the significance of the impact to a less-than-significant level (North
40 EIR, pages 3-77 and 3-78; Final North 40 EIR, page 4-9). Note that Mitigation
Measure CR-2 is only applicable if potentially historic buildings are proposed for
retention, which is not the case for the proposed project.
The proposed project would result in the removal three of the potentially historic
buildings (three houses along Los Gatos Boulevard) that were identified for removal and
considered in the North 40 EIR. Therefore, the proposed project would result in the
same type of impacts to historic resources as those identified for the North 40 EIR. The
certified North 40 EIR adequately addresses the impacts and therefore, no further
environmental analysis is necessary. Implementation of Mitigation Measures CR-1 as
presented in Section 3.5, Cultural Resources, in the North 40 EIR, would reduce the
significance of the impact to a less-than-significant level.
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North 40 EIR Mitigation Measure Addressing Impacts
CR-1. Prior to demolition of buildings within the Plan Area identified as potentially historic
resources, the developer(s) shall prepare photographic documentation of the buildings
meeting the documentation standards of the Historic American Buildings Survey/Historic
American Engineering Record (HABS/HAER), as presented in the North 40 Specific Plan
Historic Resources Technical Report. The historic documentation shall be prepared at
Level IV (sketch plan, digital photographs of exterior and interior views, and
HABS/HAER inventory cards) for the potentially historic buildings. No historic
documentation shall be required for the orchard, except as may be incidentally included in
the documentation of the structures.
The developer(s) shall prepare, or retain a qualified professional who meets the standards
for architectural historian and/or historical architect set forth by the Secretary of the
Interior (Secretary of the Interior’s Professional Qualification Standards, 36 CFR 61) to
prepare documentation of historic resources prior to any construction work associated with
demolition or removal.
The Town of Los Gatos shall identify appropriate repositories for housing the historical
documentation at the time of the project-level analysis. An interpretive display shall be
incorporated into the design of commercial development within the Plan Area.
b. Based on background information and the archeological report prepared by
Archaeological Consulting (2011), the North 40 EIR concluded that no surface evidence
of potentially significant archaeological resources exists within the plan area. However,
the proposed project would include excavations for buildings and pipelines, including
off-site pipelines. Because unknown significant buried cultural resources could be present
at the project site, and uncovered during grading or excavation activities, the potential
exists for disturbance of significant archaeological resources. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary. Implementation of Mitigation Measure CR-3, as presented in Section 3.5,
Cultural Resources in the North 40 EIR would reduce this impact to a less-than-
significant level.
North 40 EIR Mitigation Measure Addressing Impacts
CR-3. For grading or excavations deeper than four feet below the existing surface, a qualified
archaeologist shall be retained to monitor the excavations. The archaeologist shall be
present on-site to observe a representative sample of deep grading or excavations in at least
three areas within the Plan Area until satisfied that there is no longer a significant
potential for finding buried resources. In the event that any potentially significant
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archaeological resources (i.e., potential historical resources or unique archaeological
resources) are discovered, the project archaeologist shall designate a zone in which
additional archaeological resources could be found and in which work shall be stopped. A
plan for the evaluation of the resource shall be submitted to the Community Development
Director for approval. Evaluation normally takes the form of limited hand excavation and
analysis of materials and information removed to determine if the resource is eligible for
inclusion on the California Register of Historic Resources.
In the event that significant paleontological, historic, and/or archaeological remains are
uncovered during excavation and/or grading in the absence of an archaeological monitor,
all work shall stop in the area of the subject property until a qualified archaeologist can
assess the find and, if necessary, develop an appropriate data recovery program.
The Planning Division of the Community Development Department shall be responsible
for ensuring the implementation of this mitigation measure. Costs will be the responsibility
of the developer(s).
c. The General Plan EIR cites the University of California Museum of Paleontology in
determining that there are no fossil localities within the Town of Los Gatos (General
Plan EIR, page 4.4-15), but determined that deep excavations could disturb unknown
underground paleontological resources. The proposed project would involve excavation
for underground parking and for installation of pipelines. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary. Implementation of Mitigation Measure CR-4, as presented in Section 3.5,
Cultural Resources in the North 40 EIR and General Plan Policy OSP-9.4 would reduce
this potential impact to a less-than-significant level.
North 40 EIR Mitigation Measure Addressing Impacts
CR-4. 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
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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. Costs will be the
responsibility of the developer(s).
d. The Plan Area is not known to contain human remains, but excavation during
construction of project improvements within the project site, or off-site pipelines, could
result in disturbance of human remains, should they be buried in areas where
excavations are made. The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary. Implementation of Mitigation
Measure CR-4, as presented in Section 3.5, Cultural Resources in the North 40 EIR and
in item 5c, above, would reduce this impact to a less-than-significant level.
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6. GEOLOGY AND S OILS
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? (2,3,4)
(2) Strong seismic ground shaking? (2,3,4)
(3) Seismic-related ground failure,
including liquefaction? (2,3,4)
(4) Landslides? (2,3,4)
b. Result in substantial soil erosion or the loss
of topsoil? (2)
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? (2,7)
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? (2)
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? (3,4)
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Comments:
a (1-4). The North 40 EIR determined that the plan area would be subject to strong shaking
during a moderate to large earthquake on any of several regional earthquake faults.
However, based on soil and groundwater conditions, and applicable building codes and
engineering standards, impacts associated with seismic activity would be less than
significant (North 40 EIR pages 3-86 and 3-87). The proposed project would result in
development within the plan area boundaries that were considered in the North 40 EIR.
Therefore, the proposed project would result in the same impacts associated with seismic
activity as those identified in the North 40 EIR. The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
b. The North 40 EIR determined that compliance with Los Gatos Town Code section
12.20.010 – which requires projects to obtain a grading permit prior to ground
disturbance – and Los Gatos Town Code section 12.20.050 – which requires an erosion
and sedimentation control plan be prepared for projects that expose large areas of bare
soil – that the proposed North 40 Specific Plan would not result in significant erosion
impacts (North 40 EIR, page 3-87). The certified North 40 EIR adequately addresses the
impacts and therefore, no further environmental analysis is necessary.
During construction, the project site would require mass grading for on-site development
and excavation that would be required for installation of on-site and off-site pipelines,
both of which would provide the potential for soil erosion by wind or water if
preventative steps are not taken. The Los Gatos Town Code sections cited above would
prevent significant impacts. An Interim Erosion Control Plan has been prepared for the
proposed project and is included in the Tentative Map. With implementation of the
erosion control plan, no significant erosion impacts would occur. The certified North 40
EIR adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
c. The North 40 EIR determined that because the project site is essentially level, underlain
within about five feet of the surface with dense sands, and that groundwater is very deep,
the project site is not subject to collapse. The North 40 EIR concluded that
implementation of the Specific Plan would have no impacts associated with soil stability
(North 40 EIR, page 3-87). The certified North 40 EIR adequately addresses the impacts
and therefore, no further environmental analysis is necessary.
d. The North 40 EIR determined that the soils within the plan area are composed of sandy
and gravelly constituents that would not be subject to expansion or shrink-swell
characteristics. The North 40 EIR concluded that implementation of the North 40
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Specific Plan would have no impacts associated with expansive soils (North 40 EIR,
page 3-87). The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary.
e. Septic systems are not proposed as part of the proposed project. The certified North 40
EIR adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
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7. GREENHOUSE G AS E MISSIONS
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?
(2,3,4,16)
b. Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
(2,3,4,5,18)
Comments:
a. Based on a greenhouse gas analysis prepared for the North 40 Specific Plan (Illingworth
and Rodkin 2013), the North 40 EIR determined that greenhouse gas emissions per
capita per year would be below the air district threshold of 6.6 metric tons of CO2e per
capita per year (North 40 EIR, page 3-104). Neither the Town of Los Gatos nor the air
district has quantified greenhouse gas thresholds for construction activities. However,
these emission levels would be less than the air district’s project operational threshold of
1,100 MT of CO2e per year (North 40 EIR, page 3-105). The proposed project is
consistent with the North 40 Specific Plan, and greenhouse gas impacts would be less
than significant. The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary. The greenhouse gas analysis is
included in Appendix D in the North 40 EIR.
b. The North 40 EIR concluded that the North 40 Specific Plan was in compliance with the
General Plan and greenhouse gas reduction plans (North 40 EIR page 3-105). The
proposed project is consistent with the North 40 Specific Plan, as evaluated in the North
40 EIR, and would implement many of the Los Gatos Sustainability Plan policies. The
proposed project would not conflict with policies designed to reduce GHG emissions.
The certified North 40 EIR adequately addresses the impacts and therefore, no further
environmental analysis is necessary.
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8. HAZARDS AND H AZARDOUS M ATERIALS
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials? (2,3,4)
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? (2,3,4)
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?
(2,8,9,10,22)
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)
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)
g. Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation plan?
(2)
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Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
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)
Comments:
a/b. The proposed project includes residential, commercial, retail, and open space/park uses.
The proposed project does not involve the types of land uses that would involve the
transport, storage, or use of significant quantities of hazardous materials. The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
c. One private school, the Yavneh Day School located at 14855 Oka Road, is located
within one quarter mile of the project site. However, as discussed above and in the North
40 EIR, proposed project uses would not involve significant quantities of hazardous
materials, and would not result in the release of hazardous materials. The certified North
40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
d. A search of the Envirostor and Geotracker databases indicates that no Cortese List sites
are located within the plan area (California Department of Toxic Substances Control
2015, California Department of Water Resources 2015). Based on a Phase II
Environmental Site Assessment prepared for the North 40 Specific Plan Area (ENGEO
2013), the North 40 EIR determined that levels of pesticide residue, lead, and arsenic are
below the environmental screening threshold, and do not pose a danger to health (North
40 EIR, page 3-114). The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary.
The project site has been affected by migration of toxic materials that spilled from
leaking underground gasoline storage tanks formerly located at the Lark Avenue Car
Wash on the opposite side of Lark Avenue. The hazardous materials reports prepared for
the North 40 Specific Plan concluded that constraints to development would arise only if
on-site groundwater were to be used, for example for domestic use or during
construction. The surface and near-surface soils are considered suitable for residential
uses (ENGEO 2013, page 6, as presented in the North 40 EIR, page 3-114). The
proposed project would utilize water provided by the San Jose Water Company; no
groundwater is proposed to be extracted from within the project site. The North 40 EIR
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concluded that street, building, and utility improvements at the south end of the project
site, and off-site water pipeline improvements within and south of Lark Avenue would
occur in soils within the boundary of the Lark Avenue Car Wash contamination plume.
Remediation of the Lark Avenue Car Wash fuel leak is not yet complete.
The North 40 EIR concluded that Mitigation Measure HAZ-1 as presented in Section
3.8, Hazards and Hazardous Materials, in the North 40 EIR would reduce impacts
associated with contaminated soils to less than significant (North 40 EIR, pages 3-114
and 3-115). An updated hazardous materials report prepared by Engeo concluded that
contaminated groundwater was at least 30 feet below the surface at the project site, and
posed no danger to the proposed uses. Refer to Appendix B, Environmental Site
Summary. The County Department of Environmental Health continues to work with the
Lark Avenue Car Wash to remediate the fuel leak.
The proposed project would result in development that was considered in the North 40
EIR. Therefore, the proposed project would result in the same impacts associated with
contaminated soils as those identified in the North 40 EIR. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
North 40 EIR Mitigation Measure Addressing Impacts
HAZ-1. Prior to issuance of permits for activities involving grading or excavation within Lark
Avenue, the San Jose Water Company property, the south end of the Plan Area (within the
contaminated area delineated on County of Santa Clara Department of Environmental
Health records for the Lark Avenue Car Wash fuel leak case), or immediately adjacent
areas, the developer shall consult with the Department of Environmental Health regarding
the potential for disturbance of contaminated soils. The developer shall either conduct pre-
excavation soil testing at an appropriate depth to the proposed work and review results with
the Department of Environmental Health, or assume contamination of the soils and
proceed with appropriate safeguards, established in consultation with the Department of
Environmental Health. Unless pre-excavation soil testing shows no contamination, post-
excavation soil testing shall be conducted. If testing shows soil contamination levels are in
excess of acceptable levels, the developer shall implement appropriate protective measures in
consultation with the Department of Environmental Health, including worker protocols
and soil handling and disposal protocols. The presence of contamination may necessitate
the use of workers who have been properly trained in accordance with 29 CFR 1910.120. If
soil testing shows acceptable contamination levels, no further soils measures may be
required. If excavations reach free groundwater, the developer shall stop work and consult
with the Department of Environmental Health.
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EMC PLANNING GROUP INC. 47
e/f. The North 40 EIR determined that the project site is not within an Airport Land Use
Plan, is not within two miles of a public airport, and is not near a private landing strip.
The North 40 EIR concluded that implementation of the North 40 Specific Plan would
have no impacts associated with proximity to an airport or airport hazards. The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
g. The project site is adjacent to major thoroughfares and is within one mile of one major
hospital, three additional hospitals and a local fire station. The North 40 EIR determined
that development would not impair access to these roads or facilities or interfere with
response during an emergency, would not interfere with implementation of the
emergency operations plans identified in the Town’s Emergency Operations Plan (North 40
EIR pages 3-115 and 3-116), and that there would be no impact on emergency plans. The
proposed project is consistent with the North 40 Specific Plan and would not interfere
with emergency response. The certified North 40 EIR adequately addresses the impacts
and therefore, no further environmental analysis is necessary.
h. The North 40 EIR determined that the project site is classified as a non-Very High Fire
Hazard Severity Zone, within the local responsibility area. Areas with this classification
have a low potential for wildlands fires. The certified North 40 EIR adequately addresses
the impacts and therefore, no further environmental analysis is necessary.
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9. HYDROLOGY AND W ATER Q UALITY
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? (1,2,5)
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)
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? (2)
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? (2)
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? (2,8,22)
f. Otherwise substantially degrade water
quality? (2)
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? (2)
h. Place within a 100-year flood hazard area
structures which would impede or redirect
flood flows? (2)
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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)
j. Be subject to inundation by seiche, tsunami,
or mudflow? (2)
Comments:
a. The North 40 Specific Plan includes guidelines consistent with the San Francisco Bay
Region Basin Plan, Watershed Action Plan, and the General Plan. There would be no
conflict with water quality plans or regional water quality requirements. The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
b. As stated in the North 40 EIR the proposed project would receive water from the San
Jose Water Company in greater quantities than are currently delivered to the project site.
The Los Gatos service area of the San Jose Water Company obtains water from two
surface water sources: local surface water from the Santa Cruz Mountains, and treated
surface water provided by the Santa Clara Valley Water District.
Groundwater elevations have been kept within the Santa Clara Valley Water District’s
targets, based on operational storage capacity, and additional groundwater recharge is
planned to maintain a balance in the aquifer. Therefore, even if increased groundwater
pumping is necessary regionally, groundwater aquifers will be maintained in balance,
and there would be no impact on groundwater levels. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
c. Grading permits and preparation of an erosion and sedimentation control plan is
required by the Town. Because the disturbance area would exceed one acre, a storm
water pollution prevention program would be required in conformance with the National
Pollutant Discharge Elimination System Construction General Storm Water Permit.
With implementation of these requirements, the proposed project would not result in
significant erosion or sedimentation impacts from on-site or off-site grading and
excavation activities. The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary.
Drainage that currently infiltrates on-site or is conveyed to a location on Los Gatos
Creek south of State Route 85, would be re-routed through an existing pipe under State
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Route 17, and discharged through a currently inactive outfall to Los Gatos Creek near
the Bonnie View mobile home park. In addition, off-site drainage from properties along
Los Gatos Boulevard would also be diverted to this location.
In compliance with the requirements of the Santa Clara Valley Urban Runoff Pollution
Prevention Program, a hydro-modification analysis was prepared to determine if the
changes in volume, rate, and location of discharge would result in increased erosion
within the Los Gatos Creek channel. Modeling assumed that most of the plan area
would be built at 90 percent impervious. The analysis concluded that over a modeled
period of 18 years, the cumulative sediment load carried in Los Gatos Creek would
increase by 0.02 percent due to the increased flows from the plan area, and that this
would be a less-than-significant impact on Los Gatos Creek (ESA PWA 2013). The
proposed project is a subset of the land area included in the modeling. The project
proposes impervious land coverage of about 76 percent (Vesting Tentative Map, Storm
Water Control Plan), which is below the level assumed in the modeling. Therefore, the
proposed project would not have impacts more severe than analyzed in the North 40
EIR. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary.
d. Hydro-modification analysis modeling, as documented in the North 40 EIR, assumed
that most of the plan area would be built at 90 percent impervious, which is a
conservative assumption, given the requirement for 30 percent overall open space within
the plan area. The project proposes impervious land coverage of about 76 percent, which
is below the level assumed in the modeling. With implementation of Low Impact
Development measures, which are required by the municipal storm water permit, and
are likely to reduce off-site flows, the flow study concluded that the flows would not
result in flooding and the impact would be less than significant. The certified North 40
EIR adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
e. The proposed project includes excavation of soils some of which may have been
contaminated by gasoline storage tank leaks at the Lark Avenue Car Wash. Soil
excavated in this area could contain toxic contaminants, and displacement of the soil
could potentially result in contaminants being released from the soil. Released
contaminants could be transported to Los Gatos Creek, or contaminated soil could be
transported to another location, and released contaminants could be transported to other
waters. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary. Mitigation Measure HAZ-1, presented in
Section 3.8 Hazards and Hazardous Materials of the North 40 EIR, would reduce this
impact to a less-than-significant level.
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North 40 EIR Mitigation Measures Addressing Impacts
HAZ-1. Prior to issuance of permits for activities involving grading or excavation within Lark
Avenue, the San Jose Water Company property, the south end of the Plan Area (within the
contaminated area delineated on County of Santa Clara Department of Environmental
Health records for the Lark Avenue Car Wash fuel leak case), or immediately adjacent
areas, the developer shall consult with the Department of Environmental Health regarding
the potential for disturbance of contaminated soils. The developer shall either conduct pre-
excavation soil testing at an appropriate depth to the proposed work and review results with
the Department of Environmental Health, or assume contamination of the soils and
proceed with appropriate safeguards, established in consultation with the Department of
Environmental Health. Unless pre-excavation soil testing shows no contamination, post-
excavation soil testing shall be conducted. If testing shows soil contamination levels are in
excess of acceptable levels, the developer shall implement appropriate protective measures in
consultation with the Department of Environmental Health, including worker protocols
and soil handling and disposal protocols. The presence of contamination may necessitate
the use of workers who have been properly trained in accordance with 29 CFR 1910.120. If
soil testing shows acceptable contamination levels, no further soils measures may be
required. If excavations reach free groundwater, the developer shall stop work and consult
with the Department of Environmental Health.
f. The project site is within the Guadalupe River watershed of the Santa Clara Basin and is
not adjacent to a riparian corridor, so the objectives and strategies aimed at protecting
the water quality of off-site drainage are the most relevant to the proposed project. The
North 40 Specific Plan includes general guidelines consistent with the San Francisco Bay
Region Basin Plan and Watershed Action Plan. The proposed project includes detailed plans
and measures for protecting water quality during construction and operation of the
project (Tentative Map sheets 1.13, 1.14, and 1.6). With these guidelines and measures
in place there will be a less-that-significant impact on water quality. The certified North
40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
g-j. The project site is not located within a 100-year flood zone; the site is located within a
500-year flood zone. If flooding were to occur, it would be infrequent, and most likely
minor.
The project site is located within the dam failure inundation area of Lenihan Dam at
Lexington Reservoir on Los Gatos Creek. Lenihan Dam was seismically upgraded in the
past five years, and the state inspects dams regularly to ensure safety; therefore, dam
failure is unlikely.
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The North 40 EIR determined that risk of inundation by seiche, tsunami, or mudflow is
less than significant. The Plan Area is not located adjacent to a large body of water, so
seiches and tsunamis are not possible. The plan area is essentially level, and is
surrounded by essentially level ground, so mudflows are not possible (North 40 EIR,
page 3-132). The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary.
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10. LAND U SE AND P LANNING
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Physically divide an established community?
(1,2,5)
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? (1,2,5)
c. Conflict with any applicable habitat
conservation plan or natural community
conservation plan? (1,2,3,4)
Comments:
a. The proposed project is on an in-fill site situated adjacent to State Route 17 on the west
side, and two arterials on the south and east, and will have future North 40 Specific Plan
phase 2 development to the north. The project site is partially developed land located
within a developed urban area. The proposed project would include residential,
commercial, and retail uses and would not result in the physical division of the
community. The proposed project is consistent with the North 40 Specific Plan. The
certified North 40 EIR adequately addresses the impacts and therefore, no further
environmental analysis is necessary.
b. The proposed project is consistent with the North 40 Specific Plan, adopted by the Town
Council on June 17, 2015. The North 40 Specific Plan was found to be consistent with
the General Plan. The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary.
c. The project site is not within a habitat conservation area or natural community
conservation plan and is outside the boundary of the Santa Clara Valley Habitat
Conservation Plan / Natural Community Conservation Plan. The certified North 40
EIR adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
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11. MINERAL R ESOURCES
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, ,5)
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, 5)
Comments:
a/b. As stated in the North 40 EIR, mineral resources are not addressed in the General Plan
EIR. The North 40 EIR determined that the North 40 Specific Plan would not result in
any impacts to mineral resources because there is no active mining within the plan area
or anywhere within the Town, and the mineral resources in the vicinity of the plan area
are not considered significant (North 40 EIR, page 3-86). The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
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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? (2,14,24)
b. Result in exposure of persons to or
generation of excessive ground-borne
vibration or ground borne noise levels? (2,14)
c. Result in a substantial permanent increase in
ambient noise levels in the project vicinity
above levels existing without the project?
(2,14)
d. Result in a substantial temporary or periodic
increase in ambient noise levels in the project
vicinity above levels existing without the
project? (2,14)
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)
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)
Comments:
a. The major noise source near the project site is traffic on State Route 17, Los Gatos
Boulevard, and Lark Avenue. There are no significant stationary noise sources near the
project site. Noise sources associated with existing uses within the project site are traffic
to and from residences and businesses, and agricultural operations in the orchard.
The North 40 Specific Plan includes construction of a noise barrier commencing at the
south end of the existing noise barrier along State Route 17, and continuing south to
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56 EMC PLANNING GROUP INC.
Lark Avenue and east along Lark Avenue for approximately 200 feet (or approximately
150 feet of west of South A Stret). From the existing noise barrier to a point
approximately 200 feet north of Lark Avenue the noise barrier will be 14 feet tall; from
that point to Lark Avenue, the noise barrier will be 12 feet tall, and along Lark Avenue
the noise barrier will be 10 feet tall for a length of about 100 feet and eight feet tall
thereafter. Consistent with the North 40 Specific Plan, the proposed project includes the
noise walls. The North 40 EIR determined that noise levels at residential buildings
would exceed the Town’s Ldn 65 dBA exterior noise standards for that use: up to Ldn 66
dBA at grade and up to Ldn 74 dBA at 40 feet above grade. Mitigation Measure N-1
requires the sound walls that are incorporated as part of the North 40 Specific Plan;
Mitigation Measure N—2 requires architectural noise reduction features to reduce
interior noise levels to Ldn 45 dBA when exterior noise levels are greater than Ldn 65
dBA; and Mitigation Measure N-3 places requirements on residential building
orientation near Los Gatos Boulevard. Charles M. Salter prepared architectural noise
attenuation recommendations for the proposed project, in satisfaction of the
requirements of Mitigation Measure N-2. Refer to Appendix C, Environmental Noise
Review. The recommendations will be part of the project conditions, and incorporated
into construction drawings for the affected buildings.
Additional measures to reduce stationary noise generation to meet the Town Code
standards, are described in Los Gatos Town Code Sections 16.20.15 to 16.20.25 and
General Plan Table NOI-2. These measures are expected to include equipment selection
and orientation, noise barriers, roof screens and enclosures. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary. Following are the applicable mitigation measures from the North 40 EIR:
North 40 EIR Mitigation Measures Addressing Impacts
NOI-1. A noise barrier shall be constructed commencing at the south end of the existing noise
barrier along State Route 17, and continuing south to Lark Avenue and east along Lark
Avenue for approximately 300 feet (or approximately 50 feet of west of Highland Oaks
Drive). From the existing noise barrier to a point approximately 200 feet north of Lark
Avenue the noise barrier shall be 14 feet tall; from that point to Lark Avenue, the noise
barrier shall be 12 feet tall, and along Lark Avenue the noise barrier shall be 10 feet tall for
a length of about 100 feet and 8 feet tall thereafter. The noise barrier shall have a decorative
design and/or include plantings or a planting buffer that would improve the appearance of
the barrier from State Route 17 and Lark Avenue.
NOI-2. Future development located on sites that are shown in the North 40 Specific Plan EIR as
exceeding the normally acceptable noise level of the Town of Los Gatos 2020 General Plan
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and Town noise ordinance shall demonstrate that building designs and placement
adequately reduce noise. If a study shows that actual noise (and projected noise levels at
Specific Plan build-out) will exceed applicable Town noise standards, site and/or building
plans shall identify measures to meet these standards. The developer(s) shall be responsible
for preparing noise studies and implementing noise attenuation measures as conditions of
project approval and construction. The developer(s) shall:
Identify outdoor use spaces and building design or barrier walls to reduce
environmental noise to 65 dBA Ldn or lower;
Identify exterior-to-interior sound insulation measures, such as sound rated
windows and doors, to reduce environmental noise to 45 dBA Ldn or lower
indoors at residences and hotel guest rooms; and
As windows will need to be closed to meet the allowable interior noise level across
the site, residences and hotel guest rooms shall incorporate ventilation or air-
conditioning systems to provide a habitable interior environment, consistent with
California Building Code requirements. Systems must not compromise sound-
insulation of the building shell.
NOI-3. Future development projects shall be designed so that all podium buildings are oriented to
shield outdoor courtyards from the adjacent roadways. Future development projects shall be
designed so that residences along Los Gatos Boulevard incorporate noise barriers as needed
to shield outdoor use spaces. Outdoor use areas (excluding outdoor areas that are
principally landscaped areas, parking areas, or sidewalks) shall meet the 65 dBA Ldn or
lower outdoor noise standard. The applicant for each development project shall submit
building and site plans demonstrating compliance with this measure.
NOI-4. Future non-residential development on sites where the Ldn noise levels are 68 dBA or
higher as shown in the North 40 Specific Plan EIR, shall include site-specific noise
attenuating building designs providing sound-rated construction that will reduce interior
levels to the California Green Building Code requirement of Leq-1hr 50 dBA or lower.
Alternatively, the developer(s) can demonstrate that exterior walls and roofs have been
designed to have sound insulation ratings of STC 50 or higher, with minimum STC 40
windows.
NOI-5. Future development shall provide building-specific designs to reduce stationary noise source
noise generation to the Town Code standards, as described in The Los Gatos Town Code
Sections 16.20.15 to 16.20.025 and General Plan Table NOI-2. These measures are
expected to include equipment selection and orientation, noise barriers, roof screens and
enclosures.
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In addition, implementation of Mitigation Measure NOI-6 would reduce potentially
significant vibration impacts of the proposed project to a less-than-significant level. This
determination is consistent with that in the North 40 EIR.
b. Based upon the information provided in the North 40 EIR Table 15- Vibration Source
Levels for Typical Construction Equipment, vibration levels could reach up to 86 VdB
for use of construction trucks and even higher with the use of large bulldozers or pile
drivers at sensitive uses located within 25 feet of the equipment. Because construction
activities are normally short-term in nature, it is possible that under limited conditions
where high vibration generating equipment is used near residential developments, use of
such equipment could be a source of short-term annoyance, but not likely a source of
excessive long term vibration impacts. Consequently, the impact is less than significant.
There are no known vibration sensitive uses or vibration-generating uses in the proposed
project. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary.
North 40 EIR Mitigation Measure Addressing Impacts
NOI-6. Future development projects that include vibration-sensitive facilities, or businesses with
highly vibration-sensitive equipment shall quantify vibration levels and demonstrate
project-specific building designs to reduce vibration to acceptable levels.
c/d. Since no existing residences would remain adjacent to the project site, the noise increase
during construction would be less than significant. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
e/f. The project site is not within two miles of an airport land use plan, is not within two
miles of a public airport, and is not near a private landing strip (Google Maps 2013). The
nearest airports are San Jose International Airport, seven miles to the north, and Reid-
Hill view Airport, nine miles to the northeast. The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
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13. POPULATION AND H OUSING
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)? (1,2,3,4,14)
b. Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere? (1,2,3,4,14)
c. Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere? (1,2,3,4,14)
Comments:
a. The North 40 EIR determined that the development densities proposed under the North
40 Specific Plan are equal to or less than those envisioned for the area in the General
Plan. The General Plan envisioned up to 750 housing units and 580,000 square feet of
commercial development within the Plan Area. The North 40 Specific Plan limits
development to 270 housing units and 501,000 square feet of commercial and/or office
space.
The proposed project would result in the construction of 320 residential units. The
project proposes 237 base units, and is entitled to the additional 83 units because at least
11 percent of the base units are affordable. The density bonus units are not subject to
density limits in accordance with state law. Housing and population within the plan area
would be within that anticipated in the General Plan and analyzed in the North 40 EIR,
and the proposed project would have no impact on population growth. The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
b/-c. The North 40 EIR assumed that up to 36 houses would be removed, and that there
would be 364 residential units at buildout. The proposed project would remove 16
houses and develop a total of 320 new units, of which 50 would be affordable senior
housing units for a cumulative total of 336 units which is below the 364 units assumed in
the North 40 EIR. Therefore, impacts to housing and population would be less than
significant. The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary.
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14. PUBLIC S ERVICES
Would the proposed 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? (1,3,4,14)
b. Police protection? (1,3,4,14)
c. Schools? (1,3,4,14)
d. Parks? (1,3,4,14)
e. Other public facilities? (1,3,4,14,15)
Comments:
a. The North 40 EIR and the General Plan EIR indicate that the proposed project would be
adequately served by the Santa Clara County Fire Department, without the need for new
or expanded facilities. The proposed project is within the unit count analyzed in the
North 40 EIR. Therefore, the proposed project would not require any new or expanded
fire department facilities. The certified North 40 EIR adequately addresses the impacts
and therefore, no further environmental analysis is necessary.
b. The North 40 EIR determined that the Town’s police services office space was expanded
in recent years, and should be adequate to accommodate the increased demands brought
about by implementation of the North 40 Specific Plan. Because no new or expanded
police department facilities would be required, the North 40 EIR concluded that the
North 40 Specific Plan would result in no impact for police facilities. The proposed
project is within the unit count analyzed in the North 40 EIR. Therefore, the proposed
project would not require any new or expanded police department facilities. The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
c. The North 40 EIR determined that the North 40 Specific Plan would generate a net
increase of approximately 47 students. Payment of the state-mandated school impact fees
would mitigate impacts to schools to a less-than–significant level. The proposed project
has fewer residential units than analyzed in the North 40 EIR, and 50 of these are senior
units. Therefore, the proposed project would not require any new or expanded school
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facilities and result in a less-than-significant impact. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
d. The North 40 EIR determined that new housing included in the North 40 Specific Plan
would result in an increase in the use of existing parks and recreational facilities, and this
additional use could have physical impacts on these the facilities. The plan area is served
by a large number of existing park and recreational facilities, within several different
jurisdictions and districts, and these would provide adequate park area to serve new
residents. No new or expanded parks facilities would be required. The proposed project
is within the unit count analyzed in the North 40 EIR. Therefore, the proposed project
would not require any new or expanded parks. The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
e. As discussed in the North 40 EIR, the General Plan EIR concluded that build-out of the
General Plan, which includes the plan area, in conjunction with past development,
would require expansion of the existing library (North 40 EIR, page 3-188). The North
40 EIR noted that a new library has been constructed and determined that the new
library would adequately serve development under the North 40 Specific Plan and other
development within the Town. The proposed project is within the unit count analyzed in
the North 40 EIR. Therefore, the proposed project would not require any new or
expanded library facilities. The certified North 40 EIR adequately addresses the impacts
and therefore, no further environmental analysis is necessary.
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15. RECREATION
Would the project:
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? (1,2,3,4,14)
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? (1,2,3,4,14)
Comments:
a/b. As discussed in the North 40 EIR, the North 40 Specific Plan requires 30 percent of the
plan area be open space. Parks are an allowed use, but the North 40 Specific Plan does
not include policies requiring any public parks. The North 40 EIR determined that the
proposed open space areas within the Plan Area and existing parks elsewhere in the
Town would be adequate to serve the Project Site (North 40 EIR, page 3-187). The
certified North 40 EIR adequately addresses the impacts and therefore, no further
environmental analysis is necessary.
The proposed project is within the unit count analyzed in the North 40 EIR. Therefore,
the proposed project would not require any new or expanded recreational facilities.
Recreational facilities included within the proposed project were analyzed in the North
40 EIR. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary.
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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?
(1, 2, 3, 4, 17)
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? (1,2,3,4,17)
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? (2)
d. Substantially increase hazards due to a
design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)? (1,2,3,4)
e. Result in inadequate emergency access?
(1,2,3,4)
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?
(2)
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Comments:
a/b. Phase 1 development is expected to occur over a two to five year timeframe.
Construction would involve improvements to the frontage and medians of both Los
Gatos Boulevard and Lark Avenue. The conceptual offsite improvements are not part of
the tentative map but are attached for reference. The following off-site improvements will
be required for the proposed project:
Lark Avenue: Los Gatos Boulevard to SR 17 Northbound Ramps -- add a third
westbound through lane and a third eastbound through lane. Lark Avenue will be
widened to provide three westbound lanes from Los Gatos Boulevard to the new
“A” Street and to provide four westbound lanes, two through and two right turn
lanes, east of State Route 17 northbound ramps. The westbound lanes will taper
from three lanes to four lanes starting immediately west of the new “A” Street.”
(Note: this improvement is consistent with Mitigation Measure TR-2.c).
Lark Avenue/SR 17 Northbound Ramps Westbound -- provide two through lanes
and two 200-foot right turn lanes onto Northbound SR 17 freeway on-ramp and
signalize right turn on-ramp movement.
Lark Avenue/Highland Oaks Drive (un-signalized intersection) -- add a project
driveway (A Street) on Lark Avenue opposite Highland Oaks Drive to provide left-
in and right-in access and right-out access. Westbound, remove the left-turn lane on
Lark Avenue at Highland Oaks Drive to prevent conflicts with eastbound vehicles,
and add a third through lane and a right turn deceleration lane east of new project
driveway (A Street). Eastbound, add a left-turn lane into the project. Northbound,
allow only right turns from Highland Oaks Drive onto Lark Avenue.
Lark Avenue/Los Gatos Boulevard, Eastbound -- provide two dedicated left turn
lanes, one shared through-left lane, and one right turn lane. Northbound, provide
three dedicated left turn lanes and two through lanes south of Lark Avenue.
Los Gatos Boulevard – Construct a continuous median island along Los Gatos
Boulevard from Lark Avenue to the north project limits (Phase 1) except at the new
intersection (Neighborhood Street), where a left turn/U-turn lanes will be provided.
Los Gatos Boulevard/New Neighborhood Street – signalize the new intersection.
Landscaping, pedestrian, and bicycle improvements will be constructed on Lark
Avenue and Los Gatos Boulevard adjacent to the project site and along the
gasoline station frontage, including: adding a shared use path and landscaping on
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the north side of Lark Avenue, a bike lane along the south side of Lark Avenue
(eastbound), and a shared use path along the west side of Los Gatos Boulevard.
The North 40 EIR determined that the level of service would drop below acceptable
standards at three intersections: Los Gatos Boulevard and Samaritan Drive/Burton
Road, National Avenue and Samaritan Drive, and Los Gatos Boulevard and Lark
Avenue.
The North 40 EIR included the following mitigation measure most applicable to the
project site and the proposed project. The certified North 40 EIR adequately addresses
the impacts and therefore, no further environmental analysis is necessary.
North 40 EIR Mitigation Measure Addressing Impacts
TR-2. The following off-site intersection improvements shall be completed at the Los Gatos
Boulevard/Lark Avenue intersection by the first project developer:
a. addition of a third eastbound left turn lane on Lark Avenue;
b. addition of third northbound left turn lane on Los Gatos Boulevard;
c. addition of a third westbound lane on Lark Avenue from Los Gatos Boulevard to
the intersection of State Route 17 northbound ramps to the Los Gatos
Boulevard/Lark Avenue intersection, which will operate as a second right turn
lane east of the State Route 17 northbound ramps/Lark Avenue intersection and
to operate as a through-right lane east of the Highland Oaks Drive/Lark Avenue
intersection; and
d. modification and re-striping of intersection and restriction of parking as needed.
The proposed project consists of most of the planned residential development and about
10 percent of the planned commercial component. Fehr & Peers prepared the memo
report North 40 Specific Plan: Transportation Analysis for Phase 1 to determine to what extent
the mitigation measures listed in the North 40 should be implemented for the current
phase of development. The traffic memo was peer reviewed on behalf of the Town by
TKJM Transportation Consultants. Refer to Appendix D, Traffic Reports. The proposed
project would generate about one-third of the total traffic projected from within the plan
area.
The report considered study intersections that were either adjacent to the project site or
identified in the traffic analysis as falling below standards. The study concluded that the
study intersections operate acceptably with Phase 1 project traffic under Background and
Cumulative conditions. Additional roadway mitigation is not required with Phase 1.
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The project site is within the Vasona light rail area and ideally there would be multi-
modal access to the future light rail station. The North 40 EIR determined that
development within the plan area should be linked with the Vasona Light Rail station,
and included the following two mitigation measures:
North 40 EIR Mitigation Measure Addressing Impacts
TR-4. The developer(s) shall work with the Town and Santa Clara Valley Transportation
Authority regarding the provision of a shuttle service or regularly scheduled direct bus route
service to the Vasona light rail station, to be in service concurrent with commencement of
revenue service on the Vasona light rail extension.
TR-5. The developer(s) shall work with the Town and Santa Clara Valley Transportation
Authority, and other agencies to ensure that the Plan Area is developed in a manner that
takes full advantage of the transit opportunities afforded by the Vasona Light Rail.
The proposed improvements will require continued coordination with responsible transit
agencies prior to installation.
The North 40 EIR identified the need to maintain a safe route between the project site
and the closest elementary school and middle school. The following mitigation measure
was included to ensure that this route would be maintained.
North 40 EIR Mitigation Measure Addressing Impacts
TR-6. Development within the Lark District near the intersection of Lark Avenue and Los Gatos
Boulevard shall provide a direct pedestrian/bicycle access between residential areas and the
intersection of Los Gatos Boulevard and Lark Avenue.
The proposed project includes bicycle and pedestrian links throughout, including two
pathways that provide access to Lark Avenue and Los Gatos Boulevard. The proposed
project will construct a multi-use path along the project frontage of Los Gatos Boulevard
and the north side of Lark Avenue connecting to the corner of the intersection of Los
Gatos Boulevard and Lark Avenue. Therefore, this mitigation measure is incorporated
into project plans. The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary.
Refer to item “f” in regard to the Congestion Management Program.
c. As set forth in the North 40 EIR the proposed project would have no effect on air traffic
patterns. No additional analysis is required. The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
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d. The North 40 EIR identified a significant safety impact in regard to narrow streets within
the Plan Area. The streets are designed to avoid overly-wide pavement in order to
maintain a more intimate pedestrian scale to the transportation facilities, however, this
resulted in potential dangers for cyclists sharing the road with cars. Mitigation Measure
TR-7 required that sharrows and ‘bicycles can use full lane’ signs be provided in lieu of
bicycle lanes, and travel speeds restricted to 30 miles per hour.
North 40 EIR Mitigation Measure Addressing Impacts
TR-7. Either bicycle lanes or sharrows (shared lane markings) shall be provided on A Street
between Los Gatos Boulevard and Lark Avenue. The speed limit shall be no greater than
30 miles per hour, and Bikes May Use Full Lane signs (Caltrans sign R4-11) shall be
placed on streets marked with sharrows.
The proposed project incorporates this mitigation measure in its design. The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
e. The proposed project includes one street connecting to Lark Avenue and two streets
connecting to Los Gatos Boulevard in addition to the existing Bennett Way street
connection to Los Gatos Boulevard. The street connections would provide ample
emergency access within the project site. The North 40 EIR determined that the
North 40 Specific Plan would not interfere with emergency access in the vicinity of the
project site. The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary.
f. The North 40 EIR identified a significant and unavoidable impact for inconsistencies
with the Congestion Management Program. This unavoidable impact was removed by
reducing the development capacity permitted within the North 40 Specific Plan.
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17. UTILITIES AND S ERVICE S YSTEMS
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? (1, 2, 5)
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? (1, 2, 5)
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? (1, 2, 5)
d. Have sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed? (1, 2, 5)
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? (1, 2, 5)
f. Be served by a landfill with sufficient
permitted capacity to accommodate the
project’s solid-waste disposal needs? (1, 2, 5)
g. Comply with federal, state, and local statutes
and regulations related to solid waste?
(1, 2, 5)
Comments:
a/b/e. As discussed in the North 40 EIR, the Plan Area wastewater flow was estimated based
on generation factors of 250 gallons per day per residence and 70 gallons per day per
1,000 square feet for commercial uses (RMC Water and Environment 2009). Plan Area
build-out would result in the generation of approximately 236,000 gallons of wastewater
per day.
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The General Plan EIR concluded that build-out of the General Plan would not result in
significant impacts associated with wastewater (Final EIR page 2-9). The proposed
project would be consistent with the North 40 Specific Plan and there would be adequate
remaining wastewater conveyance and treatment capacity. A short off-site wastewater
collection pipe connection would be required where the existing off-site connection line
currently terminates at the southern Oka Road right-of-way, and would be extended
within the right-of-way to a connection with an existing 21-inch trunk line. This
extension would not result in significant environmental impacts. The certified North 40
EIR adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
The proposed project would construct an off-site water pipe extension to the San Jose
Water Company’s Montevina pipe at 7-mile station. Potentially significant air and noise
impacts could occur during construction of this pipeline connection. Refer to the impact
discussions and mitigation measures presented in the North 40 EIR, Section 3.3 Air
Quality, and 3.11 Noise. Mitigation measures presented in those sections would reduce
impacts to a less-than-significant level. The certified North 40 EIR adequately addresses
the impacts and therefore, no further environmental analysis is necessary.
c. The plan area requires the construction of off-site storm water facilities to complete
facilities that were partially constructed when the State Route 85 freeway was
constructed. At the time the highway was constructed, certain parts of the planned storm
drainage system, including a pipe beneath State Route 17 and a discharge at Los Gatos
Creek, were built in anticipation of development within the Plan Area. However, gaps
remain that require connecting pipes at locations outside the Plan Area.
d. The General Plan Final EIR concluded that build-out of the General Plan would not
result in significant impacts associated with water supply (North 40 Final EIR page 2-9).
The Town’s general plan has included development of the Plan Area since at least 1989.
The North 40 Specific Plan provides for reduced development by comparison to that
allowed in the General Plan. Therefore, water demands would be lower than has been
accounted for, and can be adequately accommodated by the Santa Clara Valley Water
District and the San Jose Water Company. The proposed project is within the unit count
analyzed in the North 40 EIR. Therefore, the proposed project would not require any
new or expanded water supplies or delivery infrastructure. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
f. The General Plan EIR concluded that build-out of the General Plan would not result in
significant impacts associated with solid waste (Town of Los Gatos 2010c, page 2-9).
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The North 40 EIR states that the landfill has adequate landfill space through 2048. The
proposed project is within the unit count analyzed in the North 40 EIR. Therefore, the
proposed project would not require any new or expanded landfill disposal facilities. The
certified North 40 EIR adequately addresses the impacts and therefore, no further
environmental analysis is necessary.
g. The proposed project would have the same recycling and diversion opportunities as
considered in the North 40 EIR. The certified North 40 EIR adequately addresses the
impacts and therefore, no further environmental analysis is necessary.
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18. MANDATORY F INDINGS OF S IGNIFICANCE
Would the project:
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? (1,2,3,4,5,6)
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, 5)
c. Does the project have environmental effects,
which will cause substantial adverse effects
on human beings, either directly or
indirectly? (2)
Comments:
a. The proposed project has relatively low chances to disturb protected biological resources,
including nesting birds, bat roosts, trees, and burrowing owls. The mitigation measures
would reduce impacts to a less-than-significant level.
The project site is not known to include any significant prehistoric resources, but does
include several potentially historic houses, based on their age. Mitigation measures
would reduce impacts to a less-than-significant level.
b. The North 40 EIR concludes the following categories to have less-than-significant
cumulative levels of impact:
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The proposed project is consistent with the General Plan and the North 40 Specific Plan,
and with mitigation would have a less-than-significant cumulative effect on aesthetics.
The General Plan EIR determined that the impact of the Plan Area was significant and
unavoidable and did not provide any mitigation. The Land Evaluation and Site
Assessment analysis prepared for the plan area provided a more in-depth analysis of the
value of the farmland and determined that the loss of farmland could be considered less
than significant at the project level (refer to North 40 EIR Section 3.2, Agricultural
Resources). Therefore, the proposed project would have a less-than-cumulatively
considerable effect on agricultural resources.
The General Plan EIR concluded that build-out of the General Plan would not result in
significant cumulative impacts to biological resources, with implementation of the
applicable goals, policies, and actions in the General Plan. All of the proposed project’s
biological impacts would be mitigated to a less-than-significant level if the measures
proposed in the certified EIR are implemented. Therefore, the proposed project would
not make a cumulatively considerable contribution to any significant impact on
biological resources.
The General Plan EIR concluded that build-out of the General Plan would not result in
significant cumulative impacts associated with cultural resources (archaeological and
historic resources) with implementation of General Plan goals, policies, and actions.
Therefore, there would not be a cumulative impact on cultural resources.
The General Plan anticipated 943,210 square feet of new commercial development
between 2008 and 2020, to be added to the approximately 4.1 million square feet existing
in 2008. The General Plan projected the addition of 1,600 new housing units and 3,790
new residents between 2008 and 2020. Town population was forecast to reach 32,600 in
2020. The project proposes 320 housing units, which is fewer than envisioned in the
General Plan. The proposed project would add 67,991 square feet of non-residential
square footage, which is within the expectations of the General Plan. The proposed
project is consistent with the land use designations and long term planning direction of
the General Plan. There would not be a cumulatively considerable impact on land use
and planning.
The General Plan EIR concluded that build-out of the General Plan would not result in
significant impacts associated with geology, soils, or seismicity. Mineral resources are
not addressed in the General Plan EIR. Therefore, there would not be a cumulatively
considerable impact on geology, soils, and mineral resources.
The General Plan EIR concluded that build-out of the General Plan would make a
significant unavoidable contribution to the cumulative impact of climate change (Town
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of Los Gatos 2010c, page 2-7). Implementation of General Plan policies would result in
an approximate 25 percent reduction in annual GHG emissions by 2020. However, the
General Plan EIR concludes that it is uncertain whether this level of reduction will be
achieved and that the reduction does not meet the AB 32 Scoping Plan target reduction
level of 30 percent. Since that time, a revised reduction estimate of 16 percent has been
developed by the California Air Resources Board (California Air Resources Board 2011).
Moreover, an analysis of the proposed project’s GHG emissions using the air district’s
plan threshold indicates that the proposed project’s greenhouse gas emissions would be
within an acceptable range. Therefore, there is not a cumulatively considerable impact
on GHG emissions and climate change.
The General Plan EIR concluded that build-out of the General Plan would not result in
significant cumulative impacts associated with hydrology and water quality.
Groundwater elevations have been within the Santa Clara Valley Water District’s targets
based on operational storage capacity, and additional groundwater recharge is planned
to maintain a balance in the aquifer. Therefore, even if increased groundwater pumping
is necessary regionally, groundwater aquifers will be maintained in balance, and build-
out of the General Plan, which includes the project site, would not have a cumulatively-
considerable impact on groundwater levels.
The project site has a less-than-significant risk of major flooding or dam failure
inundation, and therefore there is not a significant cumulative flooding risk within
the Town.
As mitigated, with additional low impact development requirements discussed in the
impact project analysis, the proposed project would not cause significant water quality
degradation. The San Francisco Bay Regional Water Quality Control Board regulates
surface water and groundwater quality in the San Francisco Bay region under the
guidance of the San Francisco Bay Region Basin Plan. The San Francisco Bay Region Basin
Plan uses a watershed management approach focused on the particular needs of each
watershed. The Town and the San Francisco Bay Regional Water Quality Control Board
have programs in place to minimize the introduction of pollutants and sediment into
water bodies. With the proposed project and other development within the Town
constructed in accordance with General Plan policies, Town erosion control and grading
regulations, and San Francisco Bay Regional Water Quality Control Board regulations,
there would not be any significant cumulative water quality impacts.
The General Plan EIR concluded that build-out of the General Plan would not result in
significant cumulative impacts associated with noise. A highway and arterial roads are
adjacent on three sides of the project site and are significant noise sources for the project
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site and surrounding areas. The addition of cumulative traffic to these roadways would
increase traffic volumes, but a very significant percentage traffic increase is required to
significantly affect cumulative noise levels. The proposed project would not represent a
sufficiently large share of overall traffic levels to have a cumulatively considerable effect
on background noise levels. Therefore there would not be a cumulatively considerable
impact on noise.
c. The proposed project would not have a direct adverse effect on human beings.
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E. SOURCES
1. Town of Los Gatos. North Forty Specific Plan.
Adopted by Los Gatos Town Council June 17, 2015.
2. Town of Los Gatos. North Forty Specific Plan Draft Environmental Impact Report. Prepared
by EMC Planning Group, Inc. April 3, 2014; and North Forty Specific Plan Final
Environmental Impact Report. Prepared by EMC Planning Group, Inc. July 18, 2014.
Certified by the Los Gatos Town Council in January 2015.
3. BAR Architects. North 40, Phase I Residential & Mixed-Use Neighborhood
Development, Architecture and Site Planning Application. February 8, 2016.
4. Mackay & Somps. Vesting Tentative Map For Condominium Purposes, Los Gatos
North 40 Phase I. February 8, 2016.
5. Town of Los Gatos. Town of Los Gatos 2020 General Plan and General Plan EIR.
January 7, 2011.
6. Archaeological Consulting. Preliminary Archaeological Reconnaissance Report for the Proposed
North Forty Project, in Los Gatos, Santa Clara County. California. July 12, 2011.
7. Treadwell and Rollo. Preliminary Geotechnical Investigation Los Gatos North Forty, Los
Gatos, California. January 18, 2010 (a).
8. ENGEO. North 40 Project Los Gatos, California Phase II Environmental Site Assessment.
January 11, 2013.
9. California Department of Toxic Substances Control (DTSC). EnviroStor Database.
Accessed on February 24, 2015 at:
http://www.envirostor.dtsc.ca.gov/public/mapfull.asp.
10. California Regional Water Quality Control Board (RWQCB). Geotracker database.
Accessed on February 24, 2015 at: http://geotracker.waterboards.ca.gov.
11. California Department of Transportation (Caltrans), California Scenic Highways Program.
Accessed on February 25, 2015 at:
http://www.dot.ca.gov/hq/LandArch/scenic/cahisys.htm.
12. Ellis, Deborah. Arborist Report: North 40 Property, Los Gatos, California. March 25, 2011.
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13. Ellis, Deborah. Arborist Report: North 40 Property, Los Gatos, California (supplement).
Saratoga, California, September 2013.
14. Charles M. Salter. North Forty Phase I – Los Gatos, California Draft Environmental
Noise Review. January 20, 2016.
15. Anderson Brulé Architects, Inc. Los Gatos Civic Center and Library Strategic Master Plan.
2007.
16. Illingworth and Rodkin. North 40 Specific Plan Air Quality and Greenhouse Gas Emissions
Assessment Los Gatos, California. October 22, 2013.
17. Fehr & Peers. North 40 Specific Plan: Transportation Analysis for Phase 1, February
25, 2016
18. Town of Los Gatos. Los Gatos Sustainability Plan. July 25, 2012
19. Bay Area Air Quality Management District. 2010 Clean Air Plan.
20. Bay Area Air Quality Management District. CEQA Air Quality Guidelines, May 2010.
21. EMC Planning Group. Memo regarding Toxic Air Contaminants. March 7, 2016.
22. Engeo. Environmental Site Summary. October 9, 2015.
23. Illingworth and Rodkin. Los Gatos North 40 – Compliance with Air Quality
Mitigation Measures. January 28, 2016.
24. Charles M. Salter. North 40 Phase 1 Environmental Noise Review. March 17, 2016.
All documents indicated in bold are available for review at the Town of Los Gatos Community
Development Department, 110 East Main Street, Los Gatos CA 95030 (408)-354-6875 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.