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Item 04 - 19 Highland Ave - Staff Report Exh.30 Town of Los Gatos Addendum to the Previously Adopted Mitigated Negative Declaration 19 Highland Avenue Architecture and Site Application S-15-077 August 2016 Prepared for: Town of Los Gatos Community Development Department 110 E. Main Street Los Gatos, CA 95030 Prepared by: Kimley-Horn and Associates 100 West San Fernando Street, Suite 250 San Jose, CA 95113 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 1 1.0 INTRODUCTION A. Determination This document constitutes an Addendum to the December 10, 2010 Initial Study/Mitigated Negative Declaration (2010 IS/MND, included in this document as Attachment 1) (Geier & Geier Consulting, Inc., 2010) originally prepared and adopted for approval of the 19 Highland Avenue Project (hereafter referred to as the Original Project). This Addendum evaluates whether modifications/refinements to the proposed single-family residential home design, as revised July 11, 2016, (hereafter referred to as the proposed project) would result in any new or substantially more significant effects or require any new mitigation measures not identified in the 2010 MND. Similar to the Original Project, the proposed project would consist of the development of one single-family-home and driveway at 19 Highland Avenue. The proposed project differs from the Original Project because of changes to the architectural design of the proposed house and modifications to the project footprint to increase setbacks from the adjacent stream, reduce the number of trees to be removed, and avoid the need to export soils from the proje ct site. As verified in this Addendum, the analyses and the conclusions in the 2010 MND remain current and valid. The proposed revisions to the Original Project, in the form of minor changes to the project design, would not cause new significant effects not identified in the MND nor increase the level of environmental effect to substantial or significant, and, hence, no new mitigation measures would be necessary to reduce significant effects. No change has occurred with respect to circumstances surrounding the proposed project that would cause new or substantially more severe significant environmental effects than were identified in the 2010 MND. In addition, no new information has become available that shows that the project would cause new or substantially more severe significant environmental effects which have not already been analyzed in the 2010 MND. Therefore, no further environmental review is required beyond this Addendum. This Addendum incorporates the mitigation measures detailed in the 20 10 MND. With this Addendum, the proposed project would still be within the framework of the evaluation for the Original Project as documented in the 2010 MND. B. Background An IS/MND was circulated based on the requirements of the California Environmental Quality Act (CEQA) in 2010. No comments were received on the document and the Planning Commission adopted the MND and the Mitigation Monitoring and Reporting Program when the Original Project was approved on December 8, 2010. The Town approved a time extension in 2012 after which the property owner passed away and the property was placed on the market. The applicant and current property owner purchased the property in 2015 and submitted a new application derived from the previously approved project plans. 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 2 Refinements to the project design constitute minor modifications to the original project that was evaluated in the 2010 MND, which necessitate subsequent environmental review/documentation under CEQA. Section 15164(b) of the CEQA Guidelines states that an Addendum to an adopted Mitigated Negative Declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 (further described below under Section I.C) apply. The Town of Los Gatos (Town) is the Lead Agency under CEQA and has prepared this Addendum to address the potential for new or more severe environmental impacts as a result of implementing the proposed project on the project site. C. Purpose of This Addendum The purpose of this Addendum is to evaluate whether the proposed project as currently proposed would result in any new or substantially greater significant effects or require any new mitigation measures not identified in the 2010 MND prepared for the original project. This Addendum, together with the 2010 MND will be used by the Town when considering approval of the proposed project. D. CEQA Framework for Addendum For a proposed project with modification from an original approved project, State CEQA Guidelines (Sections 15162 and 15164) provide that an Addendum to an adopted Mitigated Negative Declaration (MND) may be prepared if only minor technical changes or additions are necessary or none of the following conditions calling for the preparation of a subsequent MND have occurred:  Substantial changes in the project which require major revisions to the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;  Substantial changes with respect to the circumstances under which the project is undertaken which require major revisions to the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or  New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time of MND adoption, shows any of the following: A. The project will have one or more significant effects not discussed in the MND, 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 3 B. The project will result in impacts substantially more severe than those disclosed in the MND, C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measure or alternative, or D. Mitigation measures or alternatives that are considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measure or alternative. Based on the analysis and evaluation provided in this Addendum, no new significant impacts would occur as a result of the proposed project, nor would there be any substantial increase in the severity of any previously-identified significant environmental impact. In addition, no new information of substantial importance shows that mitigation measures or alternat ives that were previously found not to be feasible or that are considerably different from those analyzed in the 2010 MND would substantially reduce one or more significant effects on the environment. Therefore, no conditions described in Section 15162 of the CEQA Guidelines has occurred. For this reason, an addendum is the appropriate document that will comply with CEQA requirements for the proposed project. E. Adoption and Availability of the Addendum In accordance with CEQA Guidelines Section 15164(c), an addendum to an adopted MND need not be circulated for public review but can be included in or attached to the adopted MND and presented to the decision-making body. The decision-making body shall consider the Addendum with the adopted MND prior to making a decision on the project (CEQA Guidelines Section 15164(d)). Although not required, this Addendum is also available for public review at the Town of Los Gatos Community Development Department, 110 East Main Street, Los Gatos, California 95030, and will be made available as an Attachment to the Staff Report that will be provided when the project is scheduled for consideration by the decision -making body. 2.0 Project Description A. Project Location The project is located at 19 Highland Avenue in the Town of Los Gatos, within Santa Clara County (Assessor’s Parcel Number: 537-11-030). Please see Figures 1 and 2: Regional Map, and Vicinity Map, respectively. 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 4 B. Proposed Project Components The proposed single-family residence would have three levels with the garage set to the lowest grade, stepping up to two floors of living space. The first floor of living space exits at grade to a dirt patio at the rear of the residence. The residence has a mode rn/contemporary architecture with roof forms that slope with the hillside. The proposed materials include: cedar siding and smooth finish stucco, with a standing seam metal roof. The proposed project is in compliance with the Town’s Hillside Development Standards and Guidelines (HDS&G) inclusive of grading and drainage criteria, allowable floor area, height, and architectural and landscape design. The only exception requested is in regard to development on slopes greater than 30 percent. The limited area of development on slopes greater than 30 percent is consistent with the approved placement of the residence from 2010. The proposed project has reduced HDS&G exception requests compared to the 2010 original project. The layout of the proposed project is shown in Figure 3 : Site Plan, the proposed grading for the site is shown in Figure 4: Grading and Drainage Plan, and the trees that are proposed to be removed are shown in Figure 5: Tree Inventory Plan. The proposed project includes landscaping along the perimeter of the development envelope, including trees to replace those trees that are proposed to be removed. The proposed landscape plan is shown in Figure 6 : Landscape Plan. C. Comparison of the 2010 Original and 2016 Proposed Projects The proposed project includes changes to the project design that reduce the overall impact of the proposed project compared to the original design. Examples of the design features that minimize the physical impacts on the project site include a reduction in the overall lot coverage by 1,065 square feet (approximately 14%); an increase in the creek setbacks to the garage and residence, and driveway; elimination of the need to export soil; a reduction in the overall length of retaining walls by 54%, and a reduction in the number of trees to be removed from 16 to 7 (a 56% decrease). These changes are tabulated in Table 1: Comparison of Project Components which provides a comparison of the 2010 original project and the 2016 proposed project. Although the floor area of the proposed project is approximately 211 square feet more than the original project, the proposed floor area is consistent with other homes in the vicinity. Moreover, the modified footprint of the home is 270 square feet less than the original project. The maximum proposed height is the same as the original project. Similar to the original project, the modified residence has been designed to conform to the natural topography of the site and run with the contours. The proposed project includes non-reflective colors and materials. The colors and materials of the proposed project residence (dark and light brown tones) are more compatible with the natural surroundings than the original project’s colors and materials which included taupe, “ochre” (yellowish or orange-brown), and “terra cotta” (brownish red). The proposed project would use stone and wood, a more natural element, compared to the original project which was planned to be stucco (with the exception of the stone wall covering the crawl space). 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 5 Table 1: Comparison of Project Components 1The difference in earthwork quantities account for soil shrinkage during the compaction process. 2010 Original Project 2016 Proposed Project Lot Size 1.04 acre 1.04 acre General Plan Hillside Residential, 0-1 unit/acre Hillside Residential, 0-1 unit/acre Zoning HR-2 ½, Hillside Residential Zone (2 ½ to 10 acres per dwelling with a minimum lot size of one acre) HR-2 ½, Hillside Residential Zone (2 ½ to 10 acres per dwelling with a minimum lot size of one acre) Floor Area: Main Level: Upper Level: Garage/Storage: Subtotal: (garage credit) Total Floor Area: 2,310 square feet 1,535 square feet 592 square feet 4,437 square feet -400 square feet 4,037 square feet 2,379 square feet 1,652 square feet 617 square feet 4,648 square feet -400 square feet 4,248 square feet Maximum Height Maximum Elevation: 25-feet 35-feet 25-feet 35-feet Lot Coverage - Residence - Driveway - Deck/Patios Total Lot Coverage ~ 2,642 square feet ~ 2,880 square feet ~ 1,927 square feet 7,449 square feet 2,372 square feet 3,583 square feet ~ 429 square feet 6,384 square feet Property Setbacks - Front: - North (left) Side: - South (right) Side: - Rear 190.0-feet 20.0-feet 24.0-feet 63.5-feet 185.0-feet 21.0 feet 25.0 feet 65.0 feet Creek Setbacks: - Residence/Garage: - Driveway: Minimum 10-feet Minimum 1-foot Minimum 20-feet Minimum 10-feet Area outside LRDA: ~1,363 square feet 1,182 square feet Grading: 342 cubic yards cut 188 cubic yards fill 154 cubic yards of export 439 cubic yards cut 429 cubic yards fill 0 cubic yards of export1 Retaining Wall Height: < 3 feet height: 0 feet 3-6 feet height: 394-feet > 6 feet height: 63-feet < 3 feet height: 106-feet 3-6 feet height: 104-feet > 6 feet height: 0-feet Retaining Wall Length: ~457-feet ~210-feet Tree Removal Proposed: 31 trees Removed: 15 trees Remaining to Remove: 16 trees Proposed: 7 trees (including one dying tree) 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 6 3.0 Analysis of Potential Environmental Effects The 2010 MND identified mitigation measures that would reduce or eliminate potential environmental effects of the original project to a less than significant level. All of the mitigation measures approved for the original project would also apply to the proposed project and no new mitigation measures are necessary. No new or substantially more significant adverse impact has been identified. 1) AESTHETICS The 2010 MND found that the project would have less than significant effects on scenic vistas, scenic resources, and the existing visual character of the site and its surroundings. The proposed project would remove 7 of the existing 86 protected trees onsite (nine fewer trees than originally proposed). The proposed design refinements would not result in additional impacts to aesthetic resources beyond those identified in the 2010 MND. Despite the minor changes proposed in the house and driveway locations, the overall nature and intensity of construction would not be substantially different than under the proposed project, and all construction activities would occur within the project site as was also evaluated in the 2010 MND. No mitigation measures are required for either the 2010 original or the proposed project. 2) AGRICULTURE The proposed design refinements would not result in additional impacts to agriculture beyond those identified in the 2010 MND because there are no prime, unique, or statewide important farmlands in the project study area. The 2010 MND did not identify any impacts to agricultural uses; therefore, mitigation was not required. No new mitigation measures are required for the proposed refinements to the project design. No mitigation measures are required for either the 2010 original or the proposed project. 3) AIR QUALITY The proposed project design refinements would not result in additional impacts to air quality beyond those identified in the 2010 MND. The 2010 original project proposed a total cut of 342 cubic yards and total fill of 188 cubic yards of soil, resulting in the need to export approximately 154 cubic yards of material. The proposed project proposes a total cut of 439 cubic yards and total fill of 429 cubic yards. No export of earthwork would be required resulting in fewer construction trucks coming to and from the site during grading activities. It should be noted the additional grading is proposed to recess the home into the hillside in compliance with the Hillside Development Standards and Guidelines. The background conditions, construction equipment mix, and construction work hours identified in the 2010 MND have not notably changed and the proposed refinements would not result in any substantial change in the way the way the proposed house would be constructed. The modifications to the construction plan would not substantially chang e the intensity or duration 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 7 of total construction activities identified in the 2010 MND. Therefore, as described in the 2010 MND, the proposed project would not exceed any Bay Area Air Quality Management District (BAAQMD) standards or contribute to air quality deterioration beyond BAAQMD projections. As was the case for the 2010 original project, mitigation is required to limit the proposed project’s construction-related dust, criteria pollutant, and precursor emissions, per BAAQMD- recommended Basic Construction Mitigation Measures. Mitigation Measure 1: To limit the project's construction-related dust, criteria pollutant, and precursor emissions, the following BAAQMD-recommended Basic Construction Mitigation Measures shall be implemented: a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne taxies control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. A publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints shall be posted at the site. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 4) BIOLOGY The proposed project design refinements would not result in additional impacts on biological resources beyond those identified in the 2010 MND. The proposed project has increased the setbacks of the house and driveway from the creek that traverses the project site. In March 2016, HT Harvey updated their previous biological resources report prepared in 1997 for the project site. The biological resources report determined that the proposed project did not result in any new or more significant impacts to biological resources. This report was peer reviewed by Live Oak Associates. Both HT Harvey and Live Oak Associates recommend a project condition with 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 8 regards to completing a pre-construction tree-survey and pre-construction survey for migratory birds be included. As no special status plant or animal species were identified onsite, the project condition is proposed to ensure compliance with the Town’s Tree Protection Ordinance, and the Migratory Bird Treaty Act. Live Oak Associates also recommended a project condition relative to potential day-time roosting bat habitat of non-special status bat species that could utilize tree #56 to further address neighborhood concerns regarding the potential for bat species onsite . Inclusion of these project conditions is not a result of a new or more significant impact. No new impact has been identified because potential project impacts on non-sensitive upland habitats and associated common (non-sensitive) plant and animal communities do not meet the CEQA standard of having a substantial adverse effect, and are considered less than significant and no mitigation is required under CEQA. Tree Protection The proposed project has been redesigned to preserve nine (9) trees that were previously approved for removal in 2010. Comprehensive Tree Inventory Table(s) and Arborist Report(s) were prepared for the subject property in 2010 and in 2016. The 2010 Arborist Report inventoried “protected” trees in proximity to the original project’s proposed development and located on the subject site or overhanging the subject site from neighboring properties. Under the “review of potential tree impacts” the 2010 Arborist Report identified 29 protected trees that “would either be removed or considered a loss” (#3-8, 12, 13, 15-17, 19, 21, 22, 24-28, 30, 37-40, 60-62, 64 and 68). The 2010 Arborist Report recommended that an additional two (2) trees be removed due to their failing health (#s 10, 46) for a total of 3 1 trees. Based on a site survey comparison with the 2010 Arborist Report, it appears that the property owner of the original project removed 15 trees that were previously approved for removal (tree #s 3-7, 10, 12, 15, 19, 24, 26, 28, 37, 64, 68) and three (3) trees which were not previously approved for removal (#s 55, 58, 67), for a total of 18 trees. The site survey also revealed that 16 of the 31 trees that were previously proposed for removal remain on the site. A Tree Inventory was prepared by Monarch Consulting Arborists LLC on May 10, 2016 and then revised on July 10, 2016 for the proposed project. Per the 2016 Inventory, the subject property contains a total of 86 trees1, including a grove of undisturbed trees on the northerly portion of the lot that were not previously considered. Per the proposed project, seventy-nine (79) existing mature trees (92%) are to be retained while seven (7) trees will need to be removed. Additional trees would be planted to replace removed trees in accordance with the Town’s Tree Protection Ordinance. A landscape architect that is familiar with riparian and creek settings will recommend species and locations appropriate for the subject site. Potential impacts are considered less than significant and no additional mitigation is required. 1 Tree count: 41 trees not previously inventoried + 45 trees previously inventoried (63 minus 18 removed). 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 9 Creek Protection There are conflicting conclusions regarding the classification of the un-named tributary as either ephemeral or intermittent. This classification has been used as a benchmark for determining what the appropriate setback to the top of bank should be. In this case, the Town biologist (Live Oak Associates) has determined that a 20-foot setback is an adequate setback to preserve biological functions and values of the creek on the site. The Town biologist had also previously determined that a few areas of encroachment to within 16 feet from the top of the bank for the home and less than 10-feet for the driveway would result in less than significant impacts on the proposed project. Creek setbacks are at the discretion of the Town since no impacts to the creek channel below the top of bank would occur that would require a permit from either the Santa Clara Valley Water District or the Regional Water Quality Control Board. The proposed project would provide a minimum setback of 20-feet from the top of bank with a majority of the home being setback further than 20-feet. In addition, establishment of a 10 -foot wide setback between the top of bank and paved surfaces is also consistent with regional and state guidelines, provided appropriate construction and post construction Best Management Practices (BMPs) are designed, implemented and maintained. The proposed project would have no impact on the existing creek and no mitigation is required. Mitigation Measure 2: With review and approval by the Town, all recommendations made by Arbor Resources (February 125, 2010) will be implemented to eliminate or minimize construction-related impacts on the trees to be retained. Recommendation are listed under Section 5.0, Recommendations, of the arborist’s report. These include recommendations under the Design Guidelines section addressing tree retention and relocation, soil disturbance, mulching, trenching, drainage, facilities, and installation of new trees. The report also provides recommendations for Protection Measures before and during development, encompassing fencing, removal of hardscape, demolition, work within tree canopies, etc. The report’s recommendations are included as Attachment 1 of the Initial Study. 5) CULTURAL RESOURCES The extent and intensity of construction activities would not vary substantially relative to that evaluated in the 2010 MND, and mitigation measures prescribed in the 2010 MND would still be applicable and necessary to reduce potentially significant of impacts under the proposed project. The 2010 MND found that the project would have less‐than‐significant effects with mitigation on archaeological resources and human remains. While the proposed project would include increased excavation for building foundations and bioswales, the potential effects on archaeological resources and human remains would be the same as the original project and would be reduced to less than significant with implementation of Mitigation Measures 3 through 6 which would remain the same for the proposed project. 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 10 Mitigation Measure 3: In the event that archaeological traces are encountered, all construction within a 50-meter radius of the find shall be halted, the Community Development Director shall be notified, and an archaeologist shall be retained to examine the find and make appropriate recommendations. Mitigation Measure 4: If human remains are discovered, the Santa Clara County Coroner shall be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he will notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans. Mitigation Measure 5: If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.S(e). If the site is found to be a significant archaeological site, a mitigation program shall be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. Mitigation Measure 6: A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site. The final report shall include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. 6) GEOLOGY The proposed refinements would not result in substantially different geophysical impacts beyond those identified in the 2010 MND. While the proposed project involves proposed changes to the timing and location of some construction activities, these changes do not represent a substantial deviation from the project analyzed in the 2010 MND, and the conclusions of the 2010 MND remain valid. A Geotechnical Memo by UPP Geotechnology was submitted for the proposed project in 2016 and peer reviewed by Amec Foster Wheeler Environment & Infrastructure, Inc. Implementation of Mitigation Measure 7 would remain the same for the proposed project. 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 11 Mitigation Measure 7: A design-level geotechnical investigation and final construction plans shall be completed and reviewed as specified by Geomatrix, Inc. (see Attachment 2 of the Initial Study for detailed recommendations). 7) GREENHOUSE GAS EMISSIONS The proposed project would result in a similar (or potentially reduced) duration and intensity of construction activities relative to the original project, and both the original and proposed project would be operationally identical. As such, the proposed construction modifications would not result in an increase in greenhouse gas emissions or related impacts to global climate change or conflicts with applicable climate change plans, policies, or regulations. The 2010 MND found the project would have a less than significant effect on greenhouse gas emissions. The proposed changes to the project would not result in any new or substantially more severe effects due to greenhouse gas emissions. 8) HAZARDS AND HAZARDOUS MATERIALS The proposed design refinements would not result in additional impacts to hazards or hazardous materials beyond those identified in the 2010 MND because there are no hazardous wastes or hazardous materials at the project site. The 2010 MND did not identify any impacts from hazardous materials or lack of defensible space for project located within a fire hazard area. Therefore, mitigation was not required. No new mitigation measures are required for the proposed refinements to the project design. No mitigation measures are required for either the 2010 original or the proposed project. 9) HYDROLOGY AND WATER QUALITY The proposed project would be required, as under the original project, to comply with all applicable water quality regulations during and following construction activities. The project site is not located within a 100-year flood plain. As is the case with the 2010 MND, compliance with stormwater regulations would preclude the potential for significant impacts to receiving water bodies, including the creek at the project site. No mitigation measures are required for either the original or the proposed project. 10) LAND USE AND PLANNING The proposed project would require the same entitlements, permits, and other approvals as the original project. No mitigation measures are required for either the original or the proposed project. 11) MINERAL RESOURCES The proposed refinements would not result in additional impacts to mineral resources beyond those identified in the 2010 MND and because the project site is not located within an area of 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 12 known mineral resources, either of regional or local value, the 2010 MND did not identify any impacts to mineral resources; therefore, mitigation was not required. No new mitigation measures are required for the changes to the original project. No mitigation measures are required for either the original or the proposed project. 12) NOISE The proposed project would not result in additional impacts to noise beyond those identified in the 2010 MND. The proposed not result in design or operational changes to the project site or surrounding area from that analyzed in the 2010 MND. The overall intensity, equipment mix, duration, and proximity to sensitive receptors would not be notably different than under the original project. The 2010 MND found that the project would have less‐than‐significant impacts related to noise. The proposed project would have no change on the project’s noise operations; therefore, it would not affect the MND noise analysis of the original project. No mitigation measures needed for either the original or the proposed project. 13) POPULATION AND HOUSING The proposed project would not have any effect on population, housing, or employment in the Town or region at large, as is the case for the original project. No adverse impacts would occur in this regard. No mitigation measures are required for either the original or the proposed project. 14) PUBLIC SERVICES The proposed project would not result in additional impacts to public services/utilities beyond those identified in the 2010 MND because they would not result in changes to existing public services those evaluated in the 2010 MND for the original project. The 2010 MND did not identify any potentially significant impacts to public services; therefore, mitigation was not required. No new mitigation measures are required for the proposed project. 15) RECREATION The proposed design modifications would not result in additional impacts to recreational facilities beyond those identified in the 2010 MND. The 2010 MND did not identify any permanent impacts to recreational resources or facilities. No mitigation measures area required for either the original or the proposed project. 16) TRANSPORTATION The 2010 MND found that the project would have less‐than‐significant effects on transportation and circulation. The proposed project would result in no changes to operational trip generation; therefore, it would not affect the 2010 MND analysis related to transportation and circulation. No mitigation measures area required for either the original or the proposed project. 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 13 17) UTILITIES AND SERVICE SYSTEMS The proposed project would not require or result in the construction or expansion of any public utilities beyond those required for the original project. Temporary short‐term and operational demands on public utilities or other infrastructure would not measurably change under the proposed project and therefore impacts would be less than significant and no mitigation measures are required. 18) MANDATORY FINDINGS OF SIGNIFICANCE The potential impacts of the proposed project with regard to biological resources, cultural resources, and direct and indirect effects on human beings would be comparable to the original project, and potentially reduced with regard to biological resources given the reduction in trees to be removed and increased setbacks from the creek under the proposed project. As impacts under the proposed project would be similar to or reduced relative to the original project, impacts would be less than significant in this regard and no mitigation measures are required. 4.0 Recommendation That the Town of Los Gatos Planning Commission finds on the basis of substantial evidence in the light of the whole record that the proposed modifications to the original project are within the scope of the original 2010 MND analysis and will not cause any new significant environmental impacts, substantially increase previously identified impacts, nor require any new or modified mitigation. In making this finding, the Planning Commission has considered evidence presented by Town Staff, the applicant, and other interested parties and has determined that: (1) NO substantial changes are proposed in the project which will require major revisions of the previously adopted Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previou sly identified significant effects; (2) NO substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previously adopted Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information which was not known and could not have been known with the exercise of reasonable diligence at the time the previously adopted Mitigated Negative Declaration was adopted, does NOT show any of the following: (A) The project will have one or more significant effects not discussed in the previously adopted Mitigated Negative Declaration; 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 14 (B) Significant effects previously examined will be substantially more severe than shown in the previously adopted Mitigated Negative Declaration; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Based on the foregoing, it is concluded that the analyses conducted and the conclusions reached in the Final MND adopted on December 10, 2010 remain valid. The proposed revisions to the project would not cause new significant impacts not identified in the 2010 MND, and no new mitigation measures would be necessary to reduce significant impacts. No changes have occurred with respect to circumstances surrounding the proposed project that would cause significant environmental impacts to which the project would contribute considerably, and no new information has become available that shows that the project would cause significant environmental impacts. Therefore, no supplemental environmental review is required beyond this addendum. Pursuant to CEQA Guidelines Section 15164, an addendum need not be circulated for public review but can be included in or attached to the adopted Mitigated Negative Declaration. Not to scale Project Site FIGURE 1: Regional Map 19 Highland Avenue Town of Los Gatos Source: Google Maps, 2016 Los Gatos Not to scale Source: Google Earth, 2016 Fountain Valley Project Site Al p i n e A v e Jo h n s o n A v ePier View Wy Foster RdN P a c i f i c S t N M y e r s S t Highland AveJackson StGrove S t Central AveFIGURE 2: Vicinity Map 19 Highland Avenue Town of Los Gatos Project Site Not to scale Source: Peoples Associates, 2016 FIGURE 3: Site Plan 19 Highland Avenue Town of Los Gatos Not to scale FIGURE 4: Grading and Drainage Plan 19 Highland Avenue Town of Los Gatos Source: Peoples Associates, 2016 Not to scale FIGURE 5: Tree Inventory Plan 19 Highland Avenue Town of Los Gatos Source: Peoples Associates, 2016 Not to scale FIGURE 6: Landscape Plan 19 Highland Avenue Town of Los Gatos Source: Ecotone Landscape, 2016 ID Qty.Size Latin Name Common Name Notes AB 5 24" box Acer p. 'Bloodgood'Japanese Maple CO 6 24" box Cercis occidentalis Western Redbud HA 9 15 gal.Heteromeles arbutifolia Toyon PI 6 15 gal.Prunus i. lyonii Catalina Cherry UC 4 15 gal.Umbellularia californica California Laurel CJ 40 1 gal.Ceanothus 'Joyce Coulter'Wild Lilac CS 28 1 gal.Coleonema 'Sunset Gold'Pink Breath of Heaven CH 40 1 gal.Cotoneaster 'horizontalis'Rock Cotoneaster RP 39 1 gal.Rosmarinus o. 'Prostratus'Rosemary 3TRNK 5'OAK 10"OAK 10"OAK 12"OAK 1 0 " O A K T2 1 8 " O A K T B WALL4 3 0 4 2 0 4 4 0 410 420 430 T14 E 30"EUC T20 T66 T57 IP TAG MAG NAIL T54 T59 T62 T63 T65 T23 T22 T18 T11 T13 T29 T30 T33 T32 T31 T34 T42 T40 T39 T38 400 T44 T45 T43 T47 T50N 48°23'37" E 98.40'S 07°02'50" W 37.00'N 60°08'33" W 71.58' N 42°17'08" W 140.00'S 52°27'52" WN 67°20'06" W 167.52'S 37°42'7" W 68.97'S 8 2 °1 9 '0 2 " W 4 4 .5 3 'N 75°14'43" W 309.40' N 1 9 ° 5 4' 5 8 " W 7 1 .6 2 '26.40' CONSTRUCTION LANDS OF PEARSON 1.04 Acres A.P.N. 529-37-033 BENCHMARK 440.46 T27 T1 T35 T36 T41 T9 T46 T8 408408412 410 408 406 404 409418420422Drawing No. Scale Project IDProject Manager Drawn By Reviewed By Date CAD File Name L1 1/16" = 1'-0" Date 1 of Drawing Title Project Title Landscape Plan Pearson Residence 19 Highland Ave. Los Gatos, CA 95030 Consultant Design Firm Ecotone Landscape P.O. Box 320201 Los Gatos, CA 95032 408 357 0354 No.Date Revision NotesAppr No.Date Issue Notes 3-HA T11 7-CH Undisturbed Landscape1-CO 1-UC 3-PI 3-PI 1-AB 3-HA Landscape Plan Landscape PlanPearson Residence19 Highland Ave.Los Gatos, CA 95030Scale: 1/16" = 1'-0" 6-CJ 5-CH Ex. Densely Wooded Area Ex. Densely Wooded Area Plant List L1 1-UC 1-CO7-RP 6-CJ 5-CJ 6-CJ 5-CS 11-RP 7-CS 1-UC 8-CJ 6-CH1-UC1-CO 7/10/16 www.ecotone-la.com mark@ecotone-la.com (408) 357-0354 PRIVATE DRIVEWAY 1-CO 3-HA 4-RP 10-RP 5-CJ 1-AB 8-CH 1-CO7-RP1-CO 6-CH 4-CH4-CH5-CS 5-CS1-AB 6-CS 1-AB 4-CJ1-AB 19 Highland Avenue – S-15-077 Town of Los Gatos Addendum – Mitigated Negative Declaration August 2016 Attachment 1 19 Highland Avenue Initial Study/Mitigated Negative Declaration December 10, 2010