The URL can be used to link to this page

12 Staff Report - 14881 National Avenue and 14830 Los Gatos Boulevardr i' s COUNCIL AGENDA REPORT G A0 DATE: August 14, 2008 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER MEETING DATE: 8118108 ITEM NO: I SUBJECT: CONSIDER A REQUEST FOR A GENERAL PLAN AMENDMENT FROM MIXED USE COMMERCIAL TO OFFICE PROFESSIONAL, AND A ZONE CHANGE FROM C-1 TO O. NO SIGNIFICANT ENVIRONMENTAL IMPACTS HAVE BEEN IDENTIFIED AS A RESULT OF THIS PROJECT AND A MITIGATED NEGATIVE DECLARATION IS RECOMMENDED. NEGATIVE DECLARATION ND-07-150, GENERAL PLAN AMENDMENT GP-07-003, ZONE CHANGE Z-07-002 APNS 424-10- 017, 064 AND 065 PROPERTY LOCATION: 14881 NATIONAL AVENUE AND 14830 LOS GATOS BLVD PROPERTY OWNER: DR. LEE AND MS. LIZ WALKER APPLICANT: JOHN LIEN RECOMMENDATION: 1. Hold the public hearing and receive public testimony; 2. Close the public hearing; 3. Direct the Clerk to read the title of the Zone Change Ordinance (Attachment 6) 4. Make and approve a motion to: a. Make the Mitigated Negative Declaration and adopt the Mitigation Monitoring Plan for the General Plan amendment and zone change (Exhibits 6 and 7 of Attachment 1); b. Make the required findings for the General Plan Amendment and zone change (Attachment 4); c. Adopt a Resolution approving the General Plan Amendment (Attachment 5); d. Waive the reading of the Zone Change Ordinance (Attachment 6); and e. Introduce the Ordinance to effectuate the zone change (Attachment 6). (Any Council member may request separate consideration of any of these iterns.) (Continued on page 2) PREPARED BY: BUD N. LORT DIRECTOR OF OMMUNITY DEVELOPMENT N:\DEV\CNCLRPTS12008\nationa114881.doc Reviewed by: Assistant Town Manager mown Attorney Clerk Administrator Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 14881 National Avenue and 14830 Los Gatos Blvd August 18, 2008 BACKGROUND: The applications before Town Council are for the General Plan amendment and zone change. The Planning Coni nission took final action on the Architecture and Site application for the subject sites to demolish two single family residences and to construct a medical office building with underground parking. The approval of the Architecture and Site application is contingent upon the adoption of the General Plan amendment and zone change. DISCUSSION: A. Proiect Summary The applicant is requesting approval of a General Plan Amendment and zone change for two parcels fronting on Los Gatos Blvd and Samaritan Drive. The current and proposed land use and zoning designations are shown in the following chart: Parcel No General i'In -W9 r. n 0-949 _ Zaning _ ~a rYF Existing Proposed Existing Proposed 64 Mixed Use Commercial Office C-1, Neighborhood Commercial 0, Office 55 Mixed Use Commercial Office C-1, Neighborhood Commercial 0, Office 17, Office Professional No change, O, Office No change Given there are two land uses and zoning designations for the site, an amendment to consolidate the designations is necessary. The proposed building will be used solely for office uses. Staff believes that the General Plan Amendment and Rezoning to Office as. opposed to Mixed Use Commercial is the best alternative for the following reasons- The proposed office use will have access from National Avenue. The Office designation will be consistent with the neighborhood. The setbacks for an office zone are greater than a CH zone which will enhance the amount of landscaping around this prominent corner which will have three street frontages when the properties are merged. The area is in transition, and mixed use commercial is anticipated along the east side of the subject portion of Los Gatos Boulevard. Parcel assembly of parcels is encouraged but cannot be imposed. The applicant is proposing to merge three parcels for this project. B. Plamiing Commission The Planning Commission considered the project on July 9, 2008 and took the following actions: Environmental Review: 1. Made the Mitigated Negative Declaration and adopted the Mitigation Monitoring Plan relating to the Architecture and Site application. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 14881 National Avenue and 14830 Los Gatos Blvd August 18, 2008 Recommended approval of: 1. A General Plan Amendment from Mixed Use Commercial to Office for two properties fronting on Los Gatos Blvd and Samaritan Drive. 2. A zone change from CH to O for the properties noted above. Approved: 1. Architecture and Site application to demolish two single family residences and to construct a new office building with underground parking. C. Town Committee Meetings 1. General Plan Committee The General Plan Committee (GPC) reviewed the proposed General Plan amendment and zone change on March 12, 2008 (Exhibit 13 of Attachment 1). The GPC recommended approval of the General Plan and zone change amendments as part of the merging of the three subject parcels. 2. Conceptual Development Advisory Committee The Conceptual Development Advisory Committee (CDAC) reviewed preliminary plans for the land use on September 7, 2007 (Exhibit 12 of Attachment 1). The General Plan Amendment and zone change were not discussed. CONCLUSION: As stated earlier in this report, the proposed General Plan Amendment and Rezoning to Office as opposed to Mixed Use Commercial is the best alternative for the proposed project based on the following: The proposed office use will have access from National Avenue. The Office designation will be consistent with the neighborhood. The setbacks for an office zone are greater than a CH zone which will enhance the amount of landscaping around this prominent corner which will have three street frontages when the properties are merged. ENVIRONMENTAL ASSESSMENT: It has been determined that this project will not have a significant impact on the environment and a Mitigated Negative Declaration has been prepared for this proposal. As requested by the State Department of Toxic Substances in reviewing the environmental documents, a Phase I and Phase II study were completed for the subject sites which found no pesticides or metals above the regulatory agencies' screening levels. The reports concluded that no other environmental PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: 14881 National Avenue and 14830 Los Gatos Blvd August 18, 2008 investigation of the surface or subsurface conditions of the properties was required at this time. These reports are available for review in the Community Development Department. FISCAL IMPACT: None Attachments: Previously Submitted to Town Council: 1. Report to the Planning Commission for the meeting ofJuly 9, 2008 2. Desk Item Report for the Planning Commission meeting of July 9, 2008 3. Excerpt from the Planning Commission minutes July 9, 2008 New Submittals: 4. Required Findings 5. Resolution for General Plan Amendment 6. Ordinance for Zone Change Distribution: John Lien, 196 College Avenue, Los Gatos, CA 95030 Dr. Lee and Ms. Liz Walker, 14419 S. Bascom Avenue, Los Gatos, CA 95032 BNL:SLB:mde N TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT ~~S pptas Meeting Date: July 9, 2008 PREPARED BY: Sandy L. Baily, AICP Associate Planner APPLICATION NO.: Negative Declaration ND-07-150 General Plan Amendment GP-07-003 Zone Change Z-07-002 Architecture and Site Application S-07-212 ITEM NO.: 3 LOCATION: 14881 National Avenue and 14830 Los Gatos Blvd (Located at the corner of National Avenue, Samaritan Drive and Los Gatos Blvd) APPLICANT: John Lien PROPERTY OWNER: Dr. Lee and Ms. Liz Walker CONTACT PERSON: John Lien, (408) 395-3525 APPLICATION SUMMARY: Requesting approval for 1) General Plan Amendment from Mixed Use Commercial to Office Professional, 2) a Zone Change from C-1 to O, 3) demolition of two single family residences and construction of a new 3-story medical office building on properties zoned O and C-1. No significant-environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APNs 424-10017, 064 and. 065 DEEMED COMPLETE: June 24, 2008 FINAL DATE TO TAKE ACTION: General Plan amendments and rezoning applications are considered to be legislative acts and are not governed by the Permit Streamlining Act. The Architecture and Site application must be acted on by December 24, 2008. RECOMMENDATION: Approval, subject to conditions, if a finding of community benefit can be made PROJECT DATA: General Plan Designation: Mixed Use Commercial and Office Zoning Designation: Restricted Highway Commercial (CH) and Office (0) Planning Commission Staff Report July 9, 2008 Page 2ofII Applicable Plans & Standards: Parcel Size: Surrounding Area: Los Gatos Boulevard Plan, Commercial Design Guidelines, and Commercial Plan 0.85 acres Existing Land Use General Plan Zoning North Off ce/Hospital San Jose _San Jose East Office San Jose San Jose South Commercial, Office and Residential Mixed Use Commercial and Office C-1, 0 and R-1:8 West Residential and Commercial _ Mixed Use Commercial FR- H and 1:8 CEQA: It has been determined that this project will not have a significant impact on the environment and a Mitigated Negative Declaration has been prepared for this proposal. FINDINGS: x All General Plan Amendments must be internally consistent with the General Plan. E The Planning Commission must make a finding that the zone change is consistent with the General Plan if their recommendation is for approval. M As required by the Town's Traffic Policy. ■ As required by the Town's Infill Policy. E As required b y Section 29.10.09030(e) of the Town Code for the demolition of a single family residence. CONSIDERATIONS: As required by Section 29.20.150 of the Town Code for Architecturc and Site applications. ACTION; 1. Recommendation to Town Council for the General Plan Amendment and Zone Change. 2. The decision of the Planning Commission for the Architecture and Site Application is final unless appealed within ten days. EXHIBITS: 1. Location Map 2. Findings & Considerations. 3. Resolution for General Plan Amendment. 4. Ordinance for Zone Change. 5. Recommended Conditions of Approval for the Architecture and Site Application. 6. Initial Study and Negative Declaration (w/Arborist's Report of February 19, 2008) 7. Mitigation Monitoring Plan C Planning Commission Staff Report July 9, 2008 Page 3 of 11 8. Letter of justification (six pages), received May 23, 2008. 9. Letter from Town's Consulting Architect, Cannon Design Group (five pages) received May 14, 2008. 10. Arborist Report from Town's Consultant, Arbor Resources, received June 9, 2008. 11. Arborist Report from Town's Consultant, Arbor Resources, received February 19, 2008 (w/photographs) 12. CDAC minutes for the meeting of September 12, 2007. 13. Excerpt minutes from the General Plan Committee Meeting of March 12, 2008. 14. Structural Report for 14881 National Avenue, received May 15, 2008. 15. Structural Report for 14830 Los Gatos Blvd, received May 16, 2008. 16. Letters and email from the public: Parker Jones (one page), received June 19, 2008. Dick Chappell (one page), received June 19, 2008. Hans Mattes (one page), received June 19, 2008. Dr. Jeffrey and Mimi Gutman (one page), received June 19, 2008. Virginia Gonzales (one page) ; received June 20, 2008. Hooman Sotoodeh (one page), received July 1, 2008. Hans F. Werner (one page), received July 2, 2008. 17. Memo from Environmental Consultant (one page), received July 2, 2008 18. Development Plans (25 sheets), received June 24, 2008. PROJECT DESCRIPTION; The applicant is requesting approval of the following: • A General Plan amendment from CH to O for two parcels; • A zone change from CH to O for two parcels; Demolition of two single family residences; and ® Construction of a 20,600 square foot, three underground parking. BACKGROUND story medical office building with The subject site consists of three parcels totaling 0.85 acres with frontage on Los Gatos Blvd, Samaritan Drive and National Avenue. The site contains two vacant single family residences detached garage and shed, all of which are proposed to be demolished. The Los Gatos Blvd/Samaritan Drive intersection is the first intersection within Town limits, and the project site is located at the northern gateway to the Town from South Bascom Avenue and Highway 85. Planning Commission Staff Report July 9, 2008 Page 4 of 11 REMARKS A, General Plan Amendment and Rezoning The current and proposed land use and zoning designations are shown in the following chart; P r - "aYZax , ° ene as Existin posed M Existing Proposed 64 Mixed Use Commercial Office C-1, Neighborhood Commercial 0, Office 65 Mixed Use Commercial Office C-1, Neighborhood Commercial 0, Office 17, Office Professional No thane 0, Office . No change Given there are two land use and zoning designation for the site, an amendment to consolidate the designations is necessary. The proposed building will be used solely for office uses. Staff believes that the General Plan Amendment and Rezoning to Office as opposed to Mixed Use Comrnercial is the best alternative for the following reasons: The proposed office use will have access from National Avenue, The Office designation will be consistent with the neighborhood. The setbacks for an office zone are greater than a CH zone which will enhance the amount of landscaping around this prominent corner which will have three street frontages when the properties are merged. The area is in transition, and mixed use commercial is anticipated along the east side of the subject portion of Los Gatos Boulevard. Parcel assembly of parcels is encouraged but cannot be imposed. The applicant is proposing to merge three parcels for this project. B, Architecture The applicant is requesting approval of plans to construct a 20,600 square foot three story medical office building. The environmental documents note that the square footage is 19,868 square feet (which was the original proposed square footage). The first floor will contain 9,253 square feet, the second floor will contain 8,952 square feet and the third floor will contain 2,395 square feet. -An interior courtyard is also proposed. The maximum height of the building will be 35 feet feet. Exterior materials will consist of off white plaster walls, with verdigris color trim, accent tiles, dark green canvas awnings and a terracotta file roof. Since the site is located at a prominent corner, a condition has been included that the color of the building be modified to be a more muted tone. The color shall be approved by the Director of Community Development prior to the issuance of a building permit. A six foot high masonry wall is required and proposed along a portion of the southwest property line which abuts a residentially zoned parcel. The trash enclosure will be located at the parking lot at the southwest portion of the project. The Town's Consulting Architect reviewed the plans on several occasions and evaluated the proposed setbacks (Exhibit 9). The applicant has incorporated the Consulting Architect's recommendations. Staff and the Consulting Architect have determined that the proposed Planning Commission Staff Report July 9, 2008 Page 5 of 11 building is of high quality and the detailing is consistent with the proposed architectural style. Staff and the Consulting Architect have concluded that the setbacks and the building's mass and scale are appropriate for the site in that the mass and stale of the proposed building is compatible with existing and proposed buildings in the area and that the project is consistent with the Commercial Design Guidelines. Pursuant to the Town Council resolution which clarifies the roles and responsibilities of the Planning Commission and Architectural Consultant, if the Commission determines that the Consulting Architect's recommendation should be modified, the Commission must make one of the following findings: • That the recommendations of the Consulting Architect were made based on erroneous information provided by the applicant. • That the Consulting Architect made a mistake of fact. • That there is compelling evidence, received through public testimony that there is a privacy or other neighborhood impact to warrant plan modification. C. Demolition The applicant is proposing to demolish two single family residences totaling approximately 3,325 square feet. A structural report was submitted for both residences (Exhibits 14 and 15). The reports indicate that the structures are in substandard condition. The Town's Building Division concurs with the findings of these reports. D. Circulation and Parkin The subject site currently has one driveway on the Los Gatos Boulevard frontage and two driveways on the National Avenue frontage. The proposed project would eliminate the existing driveways and would provide a new driveway on National Avenue farther away from the _ National Avenue/Samaritan Drive intersection than the two existing driveways on National Avenue. Required parking for medical office uses is one space per 250 square feet of gross floor area or six spaces per doctor, whichever is more restrictive. Based on the proposed square footage, 83 parking spaces are required. The applicant is proposing a total of 85 parking spaces. Based on the proposed parking, a maximum of 14 doctors would be permitted. 17 parking spaces are proposed at grade and 58 spaces are proposed below grade. The parking lot will be lighted. The light fixtures will be 12 feet tall and will be placed approximately 50 feet away from the rear yard of the adjacent residential property. E. Traffic A net total of 711 Average Daily Trips will be generated with 49 new net trips during the AM peak period and 73 new net trips during the PM peak period. The project is considered major and a traffic study was required. A traffic impact mitigation fee and street improvements are required. The traffic study evaluated the project's impact at five intersections in the project vicinity: Samaritan Drive/National Avenue (one way stop) as well as Los Gatos Boulevard Planning Commission Staff Report July 9, 2008 Page 6 of 11 intersections with Lark Avenue, Los Gatos Blvd/Bascom Avenue/Burton Road/Samaritan Drive/SR 85 southbound ramps and SR 85 northbound ramps (all signalized). Under existing conditions, these intersections operate acceptably at LOS D or better, during the AM and PM peak hours except for the Samaritan Drive/National Avenue intersection which currently operates at a LOS E during the AM peak hour. With the proposed and approved projects in the project area, the traffic consultant has determined that the Samaritan Drive/National Avenue intersection would operate at a LOS F during the peak hours. This would be a significant impact and therefore, the following mitigation measure is required to reduce this impact to a less-than-significant level, The northbound approach to the Samaritan Drive/National Avenue intersection shall be widened to provide an additional left-turn lane on Samaritan Drive (same as for improving the existing condition), bringing levels of service back to existing conditions (i.e., LOS E during the AM peak hour and LOS D during the PM peak hour). The mitigation measure noted above will not resolve an existing problem with difficult left- turn access off of National Avenue during the commute hours. The Town has been in contact with the City of San Jose who is proposing to install a signal on Samaritan Drive at the hospital driveway entrance when future development projects occur in the vicinity. The signal would enable U-turn movement and improve access from National Avenue towards Los Gatos Blvd. Since the proposed project would exacerbate the existing problem, a mitigation measure has been included that the applicant shall contribute its fair share to this signal improvement. At this time the applicant, the Town and the City of San Jose have not come to a resolution on what that fair share would be. The fair share can be calculated once San Jose has finaled and makes public the traffic study for the proposed San Jose Samaritan Medical Center. The project has been conditioned that the fair share allocation shall be paid prior to final occupancy, which will give the Town and City of San Jose adequate time to come to a resolution on this matter. F. Utilities Pursuant to Town Code, the existing overheard utility lines from the utility pole to the property is required to be undergrounded. The applicant is proposing to underground all the overhead lines within the public right-of-way adjacent to the subject site and to remove the telephone pole along National Avenue to enhance the site. For esthetic reasons, the Town is requiring the proposed electrical transformer on Samaritan Drive to be placed in an underground vault. Staff originally worked with the applicant in an attempt to place the transformer at grade but could not find a location where the visual impact would be minimal. The applicant agreed to place the transformer underground. The applicant has recently informed the Town that they now want to place the transformer at grade and they will justify their request at the public hearing. Planning Commission Staff Report July 9, 2008 Page 7 of 11 G. Community Benefit A community benefit is required for the proposed project to offset the traffic impacts and pursuant to the Town's Infill Policy, As stated above, the applicant is offering to underground all the overhead lines within the public right-of-way adjacent to the subject site and to remove the telephone pole along National Avenue to enhance the site. The undergrounding of these utilities and the removal of the pole is not required. In addition, the applicant has offered a cash contribution of $25,000.00 less the cost to underground the overhead utilities within the public right-of-way and to remove the telephone pole along the National Ave as discussed above. The cost of these improvements however, are expected to exceed $25,000.00. H. Trees/Landscap The Town's Consulting Arborist prepared two reports for this project (Exhibits 10 and 11) which surveyed 14 trees. Of the trees surveyed, only two are located entirely on the project site (a 26 inch California Black Walnut and a 25.5 inch Coast Redwood). The applicant is proposing to remove these two trees which the Arborist has determined to be in poor condition with a low suitability for preservation. The Arborist recommended that these trees be removed regardless of the project for safety reasons; therefore, mitigation is not required. The applicant is proposing to plant approximately 50 trees which range is size from 15 gallon to 24 inch box. The other 12 trees surveyed are situated entirely or partially on adjacent parcels and their canopies overhang the subject site. Although there are more trees on the subject site, these trees were not surveyed since they are not of the required size or are fruit or nut bearing trees and are therefore exempt pursuant to Town Code. To ensure that the trees along the southern property line will not be impacted during construction, conditions have been included that the Town's Consulting Arborist will review the construction plans during the building permit process and will provide on-site consultation to the developer during construction. 1. Gradin The proposed construction of the building and underground parking garage will require approximately 10,950 cubic yards of cut and 75 cubic yards of fill which would result in a net export from the site of 10,875 cubic yards of material. J. Streetscape A streetscape has been provided on Sheets 2 and 2.1 of Exhibit 18. The proposed height and mass of the subject building is consistent with other Town buildings on Los Gatos Blvd, Samaritan Drive and National Avenue. The taller portion of the building is proposed along the San lose boundary and steps down in height as it goes south on Los Gatos Blvd. Staff Planning Commission Staff Report July 9, 2008 Page 8of11 believes that the architectural design of the proposed building, extensive landscaping and the transition in height compliments the corner and clearly provides appropriate gateway architecture that serves as an entry element to Los Gatos. K. Neighborhood Meeting The applicant held a neighborhood meeting on May 23, 2008. According to the applicant, the neighbors who attended the meeting were supportive of the project and the only concerns raised were related to parking during construction. Environmental Site Assessment An Initial Study was prepared for this project (Exhibit G). The areas of mitigation are as follows: • Biological Resources - The mitigation measures deal with the recommendations made by the Consulting Arborist to reduce tree impacts. • Cultural Resources - The mitigation measures deal with the possible finding of archaeological resources. • Hazards and Hazardous Materials - The mitigation measures deal with the removal of lead based paint. • Traffic - The mitigation measures deal with intersection improvements and a traffic control plan. TOWN COMMITTEE MEETINGS: A. Conceptual Development Advisory Committee The Conceptual Development Advisory Committee (CDAC) reviewed preliminary plans on September 7, 2007. A summary of CDAC's comments is attached (Exhibit 12). In general, CDAC members were concerned with the mass and scale of the project. B. General Plan Committee The General Plan Committee (GPC) reviewed the proposed General Plan Amendment and Zone Change on March 12, 2008 (Exhibit 13). The GPC recommend approval of the General Plan and Zone Change amendments as part of the merging of the three subject parcels. GENERAL PLAN GOALS/ POLICIES/STRATEGIES Land Use Element a. Policy L.P.5.1 - Maintain a variety of commercial uses (a strong downtown commercial area combined with Los Gatos Blvd and strong neighborhood commercial) to meet the shopping needs of residents and to preserve the small-town atmosphere. Planning Commission Staff Report July 9, 2008 Page 9of11 b. Goal L.G.7.4 - To promote commercial activity that complements the whole Town. c. Goal L.G. 7.5 - To provide a dependable source of income, employment opportunities, goods and services. d. Goal L.G.7.6 - To encourage a mixture of uses along Los Gatos Blvd, including where appropriate, mixed-use parcels that are compatible with the surrounding uses. e. Goal L.G. 7.7 - To provide uses with a family and resident orientation. f. Goal L.G.7.8 - To encourage pedestrian amenities, scale and design. g. Policy L.P.7.8 - Commercial and mixed use development north of Lark Avenue shall be in keeping with the Vasona Light Rail and Route 85 Element, the North 40 Specific Plan (when adopted) and shall provide/incorporate Boulevard, Downtown and regional transit access accordingly. Vasona Light Rail and Route 85 Element a. Policy V.P.8.1 - Encourage mixed use development (office/medium-high density residential) north of Lark Avenue. b. Policy V.P.8.2 Encourage development of residential rental units. c. Policy V.P.8.4 - Encourage parcel assembly to provide greater design flexibility and minimize driveways along Los Gatos Blvd. d. Implementing Strategy V18.1 - Projects proposing all office or all residential will be evaluated to ensure that the Town's desire for mixed use is fulfilled. LOS GATOS BOULEVARD PLAN The proposed development must comply with the Los Gatos Boulevard Plan (LGBP). The LGBP provides guidelines for development and improvements along Los Gatos Boulevard with emphasis on the following: • Establish gateways as architectural or landscape elements which welcome people to Los Gatos and Los Gatos Blvd as a destination. • Location of buildings adjacent to the street (so that buildings, not parking lots, are seen along Los Gatos Boulevard) and location of parking in the rear. • Articulation of facades to minimize building mass. • Framing rather than blocking scenic views. • Designing a development to fit a site's natural conditions. • Provision of landscape elements in parking areas. • Location of loading and service areas away from the street. • Provision of defined pedestrian paths through large parking areas and pedestrian entries from the front as well as the rear sides which face the parking lot. COMMERCIAL DESIGN GUIDELINES Although the Commercial Design Guidelines (CDG) do not address properties zoned Office, the Guidelines do address development along Los Gatos Blvd and are therefore applicable. The CDG state that projects located on corner parcels at signalized intersections along Los Gatos Planning Commission Staff Report July 9, 2008 Page 10 of 11 Boulevard should incorporate major design features on the intersection corner. Basic design principals of the CDG for Los Gatos Boulevard include: • Projects will maintain a strong landscaped setback along street edges. • Views to the surrounding hills should be maintained, especially at signalized intersections. • Projects shall be designed to meet their functional needs, but will be expected to adapt their design standards to the unique qualities of the Los Gatos Boulevard and the Town. • Substantial landscaping of parking areas and project entries are expected. COMMERCIAL PLAN The parcels along Los Gatos Blvd are in Area 5 (Los Gatos Blvd) of the plan. The goals of this area include: • Attract new auto dealers. • Provide clear direction to potential developers. • Encourage redevelopment of parcels that are experiencing a high vacancy rate. • Encourage the development of one new shopping center. CONCLUSION / RECOMMENDATION: As stated earlier in this report, staff believes that the General Plan Amendment and Rezoning to Office as opposed to Mixed Use Commercial is the best alternative for the proposed project based on the following: • The proposed office use will have access from National Avenue, • The Office designation will be consistent with the neighborhood. • The setbacks for an office zone are greater than a CH zone which will enhance the amount of landscaping around this prominent corner which will have three street frontages when the properties are merged. Staff believes the project has been well designed, will blend with the streetscape and will be a positive improvement to the northern gateway to the Town. The traffic mitigation measures provided by the applicant will address the traffic impacts and will improve existing traffic problems in the area. If the Planning Commission finds merit with the proposed community benefit and in recommending approval of the project as proposed, the Commission should take the following actions: 1; Recommend that the Town Council adopt the General Plan amendment and Zone _ Change (Exhibits 3 and 4). 2. Recommend that the Council make the Mitigated Negative Declaration (Exhibit 6) and adopt the Mitigation Monitoring Plan (Exhibit 7). Planning Commission Staff Report July 9, 2008 Page 11 of 11 3. Make the required findings and considerations (Exhibit 2). 4. Approve the Architecture and Site ap ' Ne to co ditions (Exhibit 3). AO Prepared b A proved by: L. J Associate P er Bud N. Lortz, Director of Community Development BNL:RT:SLB cc: John Lien, 196 College Avenue, Los Gatos, CA 95030 Dr. Lee and Ms. Liz Walker, 14419 S. Bascom Avenue, Los Gatos, CA 95032 N:1DEVIREPORTS120081nationali 4881.do c e, .-I 14881 National Ave l 14830 Los Gatos Blvd EXHIBIT 1 C C-11 REQUIRED FINDINGS AND CONSIDERATIONS FOR 14881 National Avenue and 14830 Los Gatos Blvd Negative Declaration ND-07-150 General Plan Amendment GP-07-003 Zone Change Z-07-002 Architecture and Site Application S-07-212 Requesting approval for 1) General Plan Amendment from Mixed Use Commercial to Office Professional, 2) a Zone Change from C-1 to O, 3) demolition of two single family residences and construction of a new 3-story medical office building on properties zoned O and C-1. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APNs 424-10-017, 064 and 065 PROPERTY OWNER: Dr. Lee and Ms. Lee Walker APPLICANT: John Lien FINDINGS All General Plan Amendments must be found to be internally consistent with the General Plan. ■ That. the zone change is consistent with the General Plan. a As required by the Town's Traffic Policy for a community benefit. Proj ects that generate additional traffic of five or more peak hour trips may only be recommended for approval if the project's benefits to the community override the traffic impacts as determined by specific sections of the General Plan and/or any Specific Plan. If a project generates additional traffic of five or more peak hour trips the burden is on the applicant to cite economic or housing benefits to the Town and/or specific sections of the General Plan and any applicable Specific Plan that demonstrate the project's benefit to the Community which outweighs the traffic impact. The deciding body must make specific findings which demonstrate that. the benefit(s) of the project outweigh the impact in order to approve the project. ® As required by the Town's Infill Policy for a community benefit. 1. In-fill projects should contribute to the further development of the surrounding neighborhood (i.e. improve circulation, contribute to or provide neighborhood unity, eliminate a blighted area, not detract from the existing quality of life). 2. An in-fill project should be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, provide comparable lot sizes and open space, consider garage placement, setbacks, density, provide adequate circulation and on-street parking. In-fill development should blend rather than compete with the established character of the area. ffiTBIT 2 3. Corridor lots may be considered if it decreases the amount of public street and is consistent with objects #1 and #2. It must be demonstrated that a benefit to surrounding properties is being provided. 4. The Planned Development process should only be used to accomplish objects #1 and #2. The applicant shall demonstrate the benefit of a Planned Development through excellence in design. 5. Approval of an in-fill project shall demonstrate a strong community benefit and findings of benefit shall be part of the record. A As required by Section.29. 10.0903 0(e) of the Town Code for the demolition of a single family residence: 1. The Town's housing stock will be maintained in that the house will be replaced. 2. The structure has no historic significance. 3. The property owner has no desire to maintain the structure. 4. The economic utility of the structure is in poor condition. CONSIDERATIONS ■ As required by Section 29.20.150 of the Town Code for Architecture and Site applications. See. 29.20.150. Considerations in review of applications. The deciding body shall consider all relevant matter including, but not limited to, the following: (1) Considerations relating to traffic safety and traffic congestion. The effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and walkways; the adequacy of off-street parking facilities to prevent traffic congestion; the location, arrangement, and dimension of truck loading and unloading facilities; the circulation pattern within the boundaries of the development, and the surfacing, lighting and handicapped accessibility of off- street parking facilities. a. Any project or development that will add traffic to roadways and critical intersections shall be analyzed, and a determination made on the following matters: The ability of critical roadways and major intersections to accommodate existing traffic; 2. Increased traffic estimated for approved developments not yet occupied; and 3. Regional traffic growth and traffic anticipated for the proposed project one (1) year after occupancy. b. The deciding body shall review the application for traffic roadway/intersection capacity and make one (1) of the following determinations: 1. The project will not impact any roadways and/or intersections causing the roadways and/or intersections to exceed their available capacities. 2. The project will impact a roadway(s) and/or intersection(s) causing the roadway(s) and/or intersection(s) to exceed their available capacities. Any project receiving Town determination subsection (1)b.1. may proceed- Any project receiving Town determination subsection (1)b.2. must be modified or denied if the deciding body determines that the impact is unacceptable. In determining the acceptability of a traffic impact, the deciding body shall consider if the project's benefits to the community override the traffic impacts as determined by specific sections from the general plan and any applicable specific plan. (2) Considerations relating to outdoor advertising. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent development. Specialized lighting and sign systems maybe used to distinguish special areas or neighborhoods such as the downtown area and Los Gatos Boulevard. (3) Considerations relating to landscaping. The location, height, and materials of walls, fences, hedges and screen plantings to insure harmony with adjacent development or to conceal storage areas, utility installations, parking lots or unsightly development; the planting of ground cover or other surfacing to prevent dust and erosion; and the unnecessary destruction of existing healthy trees. Emphasize the use of planter boxes with seasonal flowers to add color and atmosphere to the central business district. Trees and plants shall be approved by the Director of Parks, Forestry and Maintenance Services for the purpose of meeting special criteria, including climatic conditions, maintenance, year-round versus seasonal color change (blossom, summer foliage, autumn color), special branching effects and other considerations. (4) Considerations relating to site layout. The orientation and location of buildings and open spaces in relation to the physical characteristics of the site and the character of the neighborhood; and the appearance and harmony of the buildings with adjacent development. J Buildings should strengthen the form and image of the neighborhood (e.g. downtown, Los Gatos Boulevard, etc.). Buildings should maximize preservation of solar access. In the downtown, mid-block pedestrian arcades linking Santa Cruz Avenue with existing and new parking facilities shall be encouraged, and shall include such crime prevention elements as good sight lines and lighting systems. (5) Considerations relating to drainage. The effect of the site development plan on the adequacy of storm and surface water drainage. (6) Considerations relating to the exterior architectural design of buildings and structures. The effect of the height, width, shape and exterior construction and design of buildings and structures as such factors relate to the existing and future character of the neighborhood and purposes of the zone in which they are situated, and the purposes of architecture and site approval. Consistency and compatibility shall be encouraged in scale, massing, materials, color, texture, reflectivity, openings and other details. (7) Considerations relating to lighting and street furniture. Streets, walkways, and building lighting should be designed so as to strengthen and reinforce the image of the Town. Street furniture and equipment, such as lamp standards, traffic signals, fire hydrants, street signs, telephones, mail boxes, refuse receptacles, bus shelters, ; drinking fountains, planters, kiosks, flagpoles and other elements of the street enviromnent should be designated and selected so as to strengthen and reinforce the Town image. (8) Considerations relating to access for physically disabled persons. The adequacy of the site development plan for providing accessibility and adaptability for physically disabled persons. Any improvements to a nonresidential building where the total valuation of alterations, structural repairs or additions exceeds a threshold value established by resolution of the Town Council, shall require the building to be modified to meet the accessibility requirements of title 24 of the California Administrative Code adaptability and accessibility. In addition to retail, personal services and health care services are not allowable uses on nonaccessible floors in new nonresidential buildings. Any change of use to retail, health care, or personal service on a nonaccessible floor in a nonresidential building shall require that floor to be accessible to physically disabled persons pursuant to the accessibility requirements of title 24 of the California Administrative Code and shall not qualify the building for unreasonable hardship exemption from meeting any of those requirements. This provision does not effect lawful uses in existence prior to the enactment of this chapter. All new residential developments shall comply with the Town's adaptability and accessibility requirements for physically disabled persons established by resolution. (9) Considerations relating to the location of a hazardous waste management facility. A hazardous waste facility shall not be located closer than five hundred (500) feet to any residentially zoned or used property or any property then being used as a public or private school primarily educating persons under the age of eighteen (18). An application for such a facility will require an environmental impact report, which may be focused through the initial study process. ■ As required by Section 29.80.290 of the Town Code for landmark sites. See. 29.80.290. Standards for review. In evaluating applications, the deciding body shall consider the architectural style, design, arrangement, texture, materials and color, and any other pertinent factors. Applications shall not be granted unless: On landmark- sites, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the landmark (and, where specified in the designating ordinance for a publicly owned landmark, its major interior architectural features) nor adversely affect the character of historical, architectural or aesthetic interest or value of the landmark and its site. NADEVIFINDINGSInaticnaI I4 8 8 I .doc RESOLUTION NO. RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE GENERAL PLAN TO CHANGE THE DESIGNATION FROM MIXED USE COMMERCIAL TO OFFICE FOR PROPERTY AT 14830 LOS GATOS BOULDEVARD WHEREAS, pursuant to Government Code Section 65353, the Town Council conducted a public hearing for consideration of amendments to the General Plan on , 2008. WHEREAS, during this hearing, the Town Council considered the General Plan Amendment to change the land use designation from Mixed Use Commercial to Office for property at 14830 Los Gatos Boulevard. RESOLVED, the Town Council finds that (a) the proposed General Plan amendment is internally consistent with the existing goals and policies of the General Plan and its corresponding elements and (b) that all proceedings have been conducted in compliance with the provisions of Government Code Section 65350 et seq. RESOLVED-, the Town Council hereby changes the land use designation of the General Plan as shown on Exhibit A from Mixed Use Commercial to Office. EXHIBIT 3 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of 2008 by the following vote: COUNCIL MEMBERS AYES: NAYES: ABSTAIN: ABSENT: SIGNED: MAYOR OF THE TOWN OF LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA LOS GATOS, CALIFORNIA C, N:1DEVIRESOS\LG 1483 0GPAMENDMENT.doe Approved by Town Council Date: Ord: Clerk Administrator Mayor Exhibit A Forwarded by Planning Commission Date: ~ C ~a, ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP FROM CH TO O FOR PROPERTY LOCATED AT 14830 LOS GATOS BOULEVARD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I The Zoning Map of the Town is hereby amended as shown on Exhibit A. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on, 2008, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on, 2008. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR TOWN OF LOS GATOS LOS GATOS, CALIFORNIA NADMORDSU914830.n. doc EXHIBIT 4 Cleric Administrator Mayor Exhibit A Forwarded by Planning Commission Date; Approved by Town Council Date: Ord: ` CONDITIONS OF APPROVAL 14881 National Avenue and 14830 Los Gatos Blvd Negative Declaration ND-07-150 General Plan Amendment GP-07-003 Zone Change Z-07-002 Architecture and Site Application S-07-212 Requesting approval for 1) General Plan Amendment from Mixed Use Commercial to Office Professional, 2) a Zone Change from C-1 to O, 3) demolition of two single family residences and construction of a new 3-story medical office building on properties zoned O and C-1. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APNs 424-10-017, 064 and 065 PROPERTY OWNER: Dr. Lee and Ms. Lee Walker APPLICANT: John Lien TO THE SATISFACTION OF THE PLANNING DIRECTOR: (Planning Division) 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the approved plans. Any changes or modifications made to the approved plans shall be approved by the Planning Commission, Development Review Conunittee or the-Director of Community Development, depending on the scope of the change(s). 2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. RECYCLING: All wood, metal, glass and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting type and weight of material, shall be submitted to the Town prior to the Town's demolition inspection. 4. ARBORIST REQUIREMENTS. The developer shall implement, at their cost, all recommendations made by the Town's Consulting Arborist identified in the Arborist's reports, dated February 19 and June 2, 2008, on file in the Community Development Department. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable. The applicant shall prepare and submit a memorandum with the building permit, detailing how each of these recommendations have or will be addressed. 5. *ADDITIONAL ARBORIST REQUIREMENTS. Recommendations made by Arbor Resources (February 19, 2008) shall be implemented to eliminate or minimize the construction-related impacts on the trees to be retained. 1 EXHIBIT 5 6 7 9. tree ties and shall be planted prior to occupancy. 10. PROTECTIVE FENCING. Prior to any construction or building permits being issued, the applicant shall meet with the Town's Consulting Arborist concerning the need for protective fencing around the existing trees. Such fencing is to be installed prior to, and be maintained during, construction. The fencing shall be a four foot high chain link attached to steel poles driven two feet into the ground when at the dripline of the tree. If the fence has to be within eight feet of the trunk of the tree, a fence base may be used, as in a typical chain link fence that is rented. 11. MECHANICAL EQUIPMENT. All mechanical equipment shall be screened and the screening shall match the building in terms of material and color. Noise levels from the equipment shall not exceed what is permitted by Section 16.20.025 of the Town Code. The building permit plans shall include details of the screen and the spec sheets to ensure that. the equipment will be screened. The maximum height of the building on the approved plans shall include the height of the screen. 12. *ARCHAELOGICAL. In the event that archaeological traces are encountered, all constriction 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. 13. *NATIVE AMERICAN REMAINS. If human remains are discovered, the Santa Clara County Coroner shall immediately be notified. The Coroner will determine whether or not the remains were Native American. If the Coroner determines that the remains are not subject to his or her authority, the Coroner shall notify the Native American Heritage Commission, who would attempt to identify descendants of the deceased Native American. 14. *ARCHAEOLOGICAL FIND. If the Community Development Director finds that the archaeological find is not a significant resource, work may resume only after the submittal of a preliminary archaeological report and after provisions for Recommendations are listed under Section 5.0, Recommendations, of the arborist's report. These include recommendations under the Design Guidelines section addressing tree location mapping, protective fencing, building setbacks, trenching, drainage facilities, and installation of new trees. The report also provides recommendations for Protection Measures before and during construction, encompassing fencing, demolition, removal of hardscape, work within tree canopies, etc. The report's recommendations are included as Attachment I of the Initial Study. TREE PROTECTION MEASURES. Prior to issuance of a building permit, the Town's Consulting Arborist shall review the building permit plans, at the . developer's cost, to ensure all of the required tree protection measures have been implemented in the construction plans. The Town's Consulting Arborist shall also provide on-site consultation during construction, at the developer's expense. GENERAL. All existing trees shown to remain on the plan and newly planted trees are specific subjects of approval of this plan and must remain on site. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. NEW TREES. The new trees to be planted shall be double-staked, using rubber 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 15064.5(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. 15. *FINAL ARCHAEOLOGICAL REPORT A final report shall be prepared at the applicant's cost 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. 16. BUILDING COLOR: The color of the building shall be modified to be a more muted tone. The color shall be approved by the Director of Community Development prior to the issuance of building permits. 17. OUTDOOR LIGHTING. Building exterior, parking lot and landscape lighting shall be down directed fixtures that will not reflect or encroach onto adjacent properties. The final lighting plan shall be reviewed during building plan check. Any changes to the approved lighting plan shall be approved prior to installation. 18. SIGNS. Signs shall be in compliance with the Town's Commercial Design Guidelines and shall be sympathetic to the building architecture, to the satisfaction of the Director of Community Development. A separate sign permit is required. (Building Division) 19. *LEAD BASED PAINT. A state certified lead-based paint professional shall be retained to perform a lead-based paint survey of the existing structures and the recommendations of the professional shall be followed for abatement of any identified lead-based paint prior to demolition of the structures. 20. PERMITS REQUIRED: A building permit shall be required for the demolition of the existing single family residences and the construction of the new 3-story medical office building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 21. CODES. The current codes adopted-as of January 1, 2008, will be the 2007 California Building, Electrical, Mechanical, Plumbing, and Fire Code. The CC's are based on model codes; 2006 International Building Code and Fire Code and 2006 Uniform Plumbing and Mechanical codes and the 2005 National Electrical Code. 22. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 23. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36. 3 24, DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management Application from the Building Department Service Counter. Once the demolition form has.been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed from to the Building Department Service Counter with the J# Certificate, PG&E verification, and three (3) sets of site plans to include all existing structures, existing utility service lines such as water, sewer, and PG&E. No demolition work shall be done without first obtaining a permit from the Town. 25. STREET NAMES, BUILDING & SUITE NUMBERS: Submit requests for new street names and/or building numbers/suite numbers to the Building Division prior to submitting for the building permit application process. 26. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the-building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. ALTERNATE: - Design the foundation for an allowable soils 1,000 psf design pressure. (Uniform Building Code Volume 2 - Section 1805) 27. SHORING: Shoring plans and calculations will be required for all excavations which exceed four (4) feet in depth or which remove lateral support from any existing building, adjacent property or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall conform to Cal/OSHA regulations. 28. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report; and, the building pad elevation, on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation corner locations 29. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12-inches above the elevation of the next upstream manhole. 30 TITLE 24 - COMMERCIAL: The building shall comply with the latest California Title 24 Accessibility-Standards. 31. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled-out, 4 signed by all requested parties, and be blue-lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosea.gov/building 32. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 2406) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee. 33. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 34. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development -Planning Division: Sandy Baily at 354-6873 b. Engineering/Parks & Public Works Department: Fletcher Parsons at 395- 3460 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 c. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. f. Bay Area Air Quality Management District: (415) 771-6000 TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS (Public Works Division) 35. *TRAFFIC SIGNAL CONTRIBUTION. The applicant shall contribute its fair share, subject to approval by the City of San Jose and Town of Los Gatos, to the addition of anew traffic signal that includes a protected left/U-turn lane on eastbound Samaritan Drive east of National Avenue. 36. FAIR SHARE /TIMING OF TRAFFIC SIGNAL. Prior to final occupancy, the developer shall pay their fair share towards the addition of the new traffic signal referenced above directly to the City of San Jose. The Town's approved method to calculate fair share contribution shall be used, which is based on the number of trips being generated from this project, not the square footage of the proposed building. The timing of signal construction shall be determined by the City of San Jose. 37. PUE ABANDONMENT. The existing Public Utility Easement (PUE) shall be abandoned prior to issuance of a certificate of occupancy. The applicant shall submit an easement abandonment application to Engineering prior to issuance of a building permit. 38. DEDICATIONS. The following shall be dedicated on the final by separate instrument. The dedication shall be recorded before any permits are issued. Los Gatos Boulevard. Right of way on parcel 424-10-065 as required to provide a full street width or 120-feet. 39. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress printing to the Town for review of above ground utilities including backilow 40. 41. 42. 43 44 45 46. 47. prevention devices, fire department connections, gas. and water meters, off-street valve boxes, hydrants, site lighting, electrical/communication/cable boxes, transformers,. and mail boxes. Above ground utilities shall be reviewed and approved by Community Development prior to issuance of any permit. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction. PHASED PERMITS. The grading permit, detailing finished grades and final utility design may be issued in conjunction with a Foundation Permit issued by the Building. Department. GRADING PERMIT. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading pen-nit. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as-built" letter/report prepared by the applicants' soils engineer and submitted to the Town before final release of any occupancy permit is granted. PAD CERTIFICATION, A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre-construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. SOILS REPORT. One copy of the soils report shall be submitted with the grading permit application. The soils report shall include specific criteria and standards governing site grading drainage pavement design retaining wall , , , design and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. 48. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 49. CERTIFICATE OF LOT MERGER. A Certificate of Lot Merger shall be recorded prior to issuance of a building permit. Two copies of the legal description for exterior boundary of the merged parcel and a plat map (8-Y2 in. X 11 in.) shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. The submittal shall include closure calculations, title reports less than 90 days old and the appropriate fee. 50. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by the Town prior to recordation of a map. The joint trench plans shall include street and/or site lighting and associated photo metrics. A letter shall be provided by PG&E stating that public street light billing will be by Rule LS2A, and that private lights shall be metered with billing to the property owner(s). Pole numbers, assigned by PG&E, shall be clearly delineated on the plans. 51. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to issuance of any permit. 52. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. National Avenue. Road widening, curb, gutter, sidewalk, handicap ramp, street lights, tie-in paving, signing, striping, storm drainage and sanitary sewers, as required and in general conformance with the approved Architecture and Site application. The northbound left turn lane taper shall begin at the north edge of the 2580 Samaritan Drive driveway. The curb taper for the road widening shall begin approximately 10-feet north of the project driveway. b. Los Gatos Blvd/Samaritan Drive. Traffic Signal. Pedestrian count down heads shall be added to all pedestrian legs of the intersection. c. *Samaritan Drive/National Avenue. The northbound approach to the Samaritan Drive/National Avenue intersection shall be widened to provide an additional left-turn lane on Samaritan Drive (same as for improving the existing condition), bringing levels of service back to existing conditions (i.e., LOS E during the AM peak hour and LOS D during the PM peak hour). 7 53 54. 55. 56 57 58 TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a fee proportional to the project's share of transportation improvement needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit application is made. The fee shall be paid before the building permit is issued. Community benefit is required. COMMUNITY BENEFIT. Pursuant to an offer by the applicant, the overhead utility lines within the public right-of-way adjacent to the subject site shall be undergrounded and the telephone pole along National Avenue shall be removed to enhance the site. In addition, a cash contribution of $25,000.00 shall be paid by the applicant to the Town, less the cost to underground the overhead utilities within the public right-of-way and to remove the telephone pole along the National Ave. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right- of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to -this condition may result in the Town performing the required. maintenance at the developer's expense. ENCROACHMENT PERMIT. All work in the public right-of-way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result in rejection of work that went on without inspection. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the 8 amended provisions C.3 and C.14 of Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit. 59. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 60. *TRAFFIC CONTROL PLAN. As part of the required traffic control plan, the project applicant's contractor shall address off-street worker parking, materials staging, traffic control for materials delivery (including concrete pours), and. construction site maintenance and clean-up of adjacent streets. 61. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, traffic control for materials delivery, and proposed outhouse locations. 62. *EMERGENCY VEHICLES. Access to the Good Samaritan Hospital by emergency vehicles shall be maintained unimpeded at all times during project construction. Provisions of the traffic control plan shall ensure that construction- related traffic on Los Gatos Boulevard, Samaritan Drive, and National Avenue will not cause delays in emergency response. 63. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer 15.40.070). 64. STORM WATER MANAGEMENT PLAN. This is a Group 2 project. A storm water management shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3.d. of Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit No. CAS029718. The plan shall delineate source control measures and BMP's together with the sizing calculations. The plan shall be certified by a professional pre-qualified by the Town. In the event that storm water measures proposed on the Planning approval differ significantly from those certified on the 9 65. 66. 67. 68. 69. 70 71 Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The applicant may elect to have the Planning submittal certified to avoid this possibility. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner shall enter into an agreement with the Town for maintenance of the stormwater filtration devices required to be installed on this project by Town's Stormwater Discharge Permit No. CAS029718 and modified by Order No. R2-2005-0035. The agreement will specify that certain routine maintenance shall be performed by the property owner and will specify device maintenance reporting requirements. The agreement will also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right- of-way is cleaned up on a daily basis.' Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. DRIVEWAY APPROACH. The developer shall install one Town standard commercial driveway approach. The new driveway approach shall be constructed per Town Standard Details. 10 72. CURB RAMPS. The developer shall construct new curb ramps according to State Standard Drawings at the crosswalks at Los Gatos Boulevard and at National Avenue. The actual "Case" as shown on the standard to be used will be decided by the Engineering Construction Inspector during the construction phase of the project, 73. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 74. AS-BUILT PLANS. An AutoCAD disk of the approved "as-built" plans shall be provided to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SW MIMING-POOL; e) Tennis Court, Layer: TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours, Layer: NEWCONTOUR. All as-built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 75. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line. 76. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50. 010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 77. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 78. HAULING OF SOIL, Hauling of soil on or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow 11 under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the developer/owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. (Parks and Forestry Division) 79. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape Ordinance, Chapter 26, Article IV of the Town Code. A fee as established by Town Council resolution shall be paid when the landscape, irrigation plans and water calculations are submitted for review prior to the issuance of building permit. TO THE SATISFACTION OF SANTA CLARA COUNTY FIRE: 80. REQUIRED FIRE FLOW. The required fire flow for this project with an automatic fire sprinkler system is 1,500 gpm at 20 psi residual pressure (excluding the fire sprinkler demand). 81. AUTOMATIC FIRE SPRINKLER SYSTEM. The building shall be protected throughout by an approved, automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard #13. A State of California licensed fire protection contractor shall submit plans, calculations, a. completed permit application and appropriate fees to this department for review and approval prior to commencing construction. 82. HOSE VALVES/STANDPIPES. Buildings three stories or more in height, or where emergency access has been deemed minimal, shall be equipped with standpipes designed per NFPA Std. #14 and be equipped with 1-1/2inch hose valves, located within the stair enclosure(s). Note specifically, within parking structure(s), at stairwells and on podium within courtyard area. 83. FIRE HYDRANTS. Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and the San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1,500 GPM at 20 psi, residual (excluding the fire sprinkler demand). If fire hydrants _ exist, these locations shall be reflected on the civil drawings included with the building permit submittal. 84. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. 85. ACCESS ROADS. The applicant shall provide access roadways with a,paved all weather-surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet six inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. This shall be dimensioned on the final plans. ( i 12 86. FIRE LANE MARKINGS. The applicant shall provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 87. PARKING ALONG ROADWAYS. The required width of the fire access roadways shall not be obstructed in any manner and parking shall not be allowed along roadways less than 28 feet in width. Roadway widths shall be measured curb face to curb face. 88. PREMISES IDENTIFICATION. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. 89. FIRE DEPARTMENT KEY BOX. The building shall be equipped with a permanently installed emergency access key lock box (KNOX), conforming to Fire Department Standard Detail and Specification sheet K-1. At time of final inspection, access keys shall be provided to the fire department. 90. HAZARDOUS MATERIALS COMPLIANCE REVIEW. Determination of compliance for the potential use, dispensing, and/or storage of hazardous materials is not part of this review. Questions regarding Hazardous Materials maybe directed to the hazardous materials specialist at (408) 378-4010, extension 20. *Required as Mitigation Measures N:IDEVICONDITN3120081nationa1148 81.doc 13 P. ~l INITIAL STUDY WALKER MEDICAL OFFICE BUILDING 14830 Los GATOS BOULEVARD AND 14881 NATIONAL AVENUE LOS GATOS, CALIFORNIA GENERAL PLAN AMENDMENT APPLICATION GP-07-003 ZONE CHANGE APPLICATION Z-07-002 ARCHITECTURE AND SITE APPLICATION S-07-212 NEGATIVE DECLARATION ND-07-150 PREPARED FOR TOWN OF LOS GATOS COMMUNITY DEVELOPMENT DEPARTMENT 110 E. MAIN STREET Los GATOS, CA 95030 JUNE 2008 C NEU JUN ° 4 2005 PREPARED BY TOWN OF LOS GATn`' GEIER & GEIER CONSULTING, INC. P.O. Box 5054 BERKELEY, CA 94705-5054 510/644-2535 EXHIBIT 6 1 TOWN OF Los GATOS COMMUNITY DEVELOPMENT DEPARTMENT ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Walker Medical Office Building 14830 Los Gatos Boulevard and 14881 National Avenue General Plan Amendment Application GP-07-003 .Zone Change Application Z-07-002 Architecture and Site Application S-07-212 Negative Declaration ND-07-150 2. Lead Agency Name and Address: Town of Los Gatos Community Development Department 110 East Main Street Los Gatos, CA 95031 3. Contact Person and Phone Number: Sandy Baily, 4081354-6873 4. Project Location: 14830 Los Gatos Boulevard and 14881 National Avenue (APN 424-10-017) (see Figure 1) 5. Property Owner: Dr. Lee and Ms. Liz Walker 14419 S. Bascom Avenue Los Gatos, CA 95032 Project Applicant: John Lien, Architect 196 College Avenue Los Gatos, CA 95030 6. General Plan Designation: Los Gatos Boulevard Parcels: Mixed Use Commercial National Avenue Parcel (APN 424-10-017): Office Professional 7. Zoning: Los Gatos Boulevard Parcels: C-1, Neighborhood Commercial National Avenue Parcel: O, Office Description of Project: The 0.85-acre project site is comprised of three parcels, two with site frontage on Los Gatos Boulevard (14830 Los Gatos Boulevard, APN 424-10-064, -065) and one with frontage on National Avenue (14881 National Avenue, APN 424-10-017). The project site is currently developed with two single-family residences, garage, and shed. The project applicant is requesting approval of a General Plan Amendment, Zone Change, and Architecture and Site review to allow the following to occur on the project site: Amend the General Plan designation of the Los Gatos Boulevard parcel from Mixed Use Commercial to Office Professional Rezone the Los Gatos Boulevard parcel from C-1 (Neighborhood Commercial) to O (Office) Demolish the four existing structures and remove existing property lines ■ Construct a new three-story medical office building JuNH, 2008 PROJECT LOCATION FIGURE I Wand ON IN San Jose e NO SCALE *N WALKER MEDICAL OFFICE BUILDING - 14830 LOS GATOS BOULEVARD AND 14981 NA'rIONALAVF.INUE C( INITIAL STUDY - 14830 Los GATOs BOULEVARD AND 14881,NATIONAL AVENUE At present, existing structures on the site include a single-family residence with detached garage on the Los Gatos Boulevard parcels and a single-family residence and shed on the National Avenue parcel. All existing structures would be demolished and parcel boundaries would be removed to consolidate the three parcels into one parcel. The Los Gatos Boulevard parcels are currently designated in the Los Gatos General Plan and Zoning Ordinance for commercial uses and the project would amend the general plan and zoning designations to allow office uses. The project applicant proposes to construct a 19,868 square-foot, three-story medical/dental office building, underground parking garage (with surface parking above a portion of the garage). The proposed building would have three floors of office space (8,577 square feet (s.f.) on the first floor, 8,956 s.f. on the second floor, and 2,035 s.f. on the third floor) above a 244,306 square-foot parking garage. A courtyard is proposed in the center of the building. While the underground garage would cover most of the three project parcels, the proposed building would be located almost entirely on the Los Gatos Boulevard parcels, while the National Avenue parcel would be developed with parking facilities (underground and grade-level parking). The project would provide 68 parking spaces in the underground parking garage and 17 parking stalls in the grade-level parking lot. The project site currently has one driveway on the Los Gatos Boulevard frontage and two on the National Avenue frontage. The proposed project design would eliminate the driveway on Los Gatos Boulevard and one on National Avenue. One driveway access to the project's underground parking garage and grade-level parking lot would be located on National Avenue near the southeastern corner, farther away from the National Avenue/Samaritan Drive intersection than the two existing driveways on National Avenue. 9. Surrounding Land Uses and Setting: The project site is comprised of approximately 0.85 acre located on the east side of Los Gatos Boulevard, south side of Samaritan Drive, and west side of National Avenue. The site forms the southeast corner of the Los Gatos Boulevard/Samaritan Drive intersection and the southwest corner of the Samaritan Drive/National Avenue intersections. The project site is currently developed with two single-family residences, garage, and shed. Remaining portions. of the site are developed with landscaping. The project site is bounded on the west by Los Gatos Boulevard, on the north by_Samaritan Drive, and on the east by National Avenue. Medical offices are located along the site's southern boundary, a two-story office building fronting on National Avenue and a one-story converted house on Los Gatos Boulevard. A single-family residence is located adjacent to the southern corner of the project site. Either wood fencing or landscape hedge extend along the project site's southern and western boundaries, which adjoin adjacent office or residential uses. 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreements): Pacific Gas and Electric Company, San Jose Water Company, and West Valley Sanitation District of Santa Clara County for Abandonment of Public Utility Easement. JUNE, 2008 INmAL STUDY _ 14830 Los GATOS BOULEVARD AND 14881 NA'T'IONAL AVENUE Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages: Aesthetics Agriculture Resources Air Quality X Biological Resources X Cultural Resources Geology/Soils X Hazards & Hazardous Materials Hydrology/Water Quality . Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation X T Utilities/Service Systems Mandatory Findings of Significance Determination: (to be Completed by the Lead Agency) 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. X 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 (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) 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. r Bu rtz, Di ector of Communit v opment Date L-J JUNE. 2008 4 INI'T'IAL STUDY - 14830 LOS GATos BOULEVARD AND 14881 NATIONAL AVENUE Evaluation of Environmental Impacts Issues: Potentially Significant Potentially Impact Unless Less Than Significant ]vlitigation Significant No Issues (and Supporting Information Sources) Impact Incorporated Impact Impact 1. Aesthetics Would the project; a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a state scenic highway? c) Substantially degrade the existing visual character or X quality of the site and its surroundings?- d) Create a new source of substantial light or glare which X would adversely affect day or.nighttime views in the area? Existing views of the project site are principally available from Los Gatos Boulevard, Samaritan Drive, and National Avenue. The entire site is visible from all three of these streets. and some freeway ramps, but not from the Highway 85 freeway. Since the Los Gatos Boulevard/Samaritan Drive intersection is the first intersection within town limits, the project site is located at the northern gateway to the Town from South Bascom Avenue and the freeway. The proposed office building would be three stories high (with a parking level below) with a maximum height of approximately 35 feet. The proposed building would be substantially taller than the adjacent one-story medical office and residence located to the southwest and slightly taller than the two-story office building located to the southeast. Proposed location of the grade-level parking lot on the southern portion of the site would maximize the proposed building's setback of approximately 115 feet from the existing two-story medical office building to the southeast. The proposed building would be located approximately 45 feet from the one-story medical office building to southwest. The existing wood fencing and mature trees/shrubs along the southern boundary would help maintain privacy in adjacent buildings. The project design was reviewed for the Town by an architecture and design firm, Cannon Design Group (CDG),' for compatibility of the proposed design with existing neighborhood characteristics. A copy of this review is on file with the Los Gatos Community Development Department. CDG notes that the site occupies a prominent position at the north entry to the Town of Los Gatos. Surrounding uses are described as mixed, but with a strong presence of medical office buildings in the project vicinity. CDG concludes that the proposed design is of a high quality, consistent with the architectural style selected. While different in appearance from much of the other office and mixed use development nearby, CDG concludes that the proposed building would be acceptable for marking this important entry to the Town. CDG identified various concerns with the project's height and bulk, but the applicant's architect revised the project design in response these concerns, lowering the third floor tower element: The revised plans were reviewed by CDG again,2 and the proposed design was determined to be acceptable as proposed arid no further recommendations were made. JUNE, 2008 5 INITIAL STUDY - 14830 LOS GATOs BOULEVARD AND 14851 NATIONAL AVENUE The proposed medical/dental office building would be located along the Los Gatos Boulevard site frontage and would be subject to design standards of the Los Gatos Boulevard Plan. The Los Gatos Boulevard Plan Design Standards emphasize the following; ■ Location of parking in the rear and location of buildings adjacent to the street (so that buildings, not parking lots, are seen along Los Gatos Boulevard). ■ Staggering of buildings along the Los Gatos Boulevard frontage to avoid a tunnel effect. ■ Articulation of facades to minimize building mass. ■ Framing rather than blocking scenic views. ■ Designing a development to fit a site's natural conditions. ■ Provision of landscape elements in parking areas. ■ Location of loading and service areas away from the street. ■ Provision of defined pedestrian paths through large parking areas and pedestrian entries from the. front as well as the rear sides facing the parking lot. The project generally -conforms to all but one of the above guidelines: ■ The proposed building is located adjacent to Los Gatos Boulevard and parking is provided below and behind the office building, away from Los Gatos Boulevard. ■ The proposed building would be set back approximately 37 feet from the eastern edge of Los Gatos Boulevard and the building facade would be articulated. These factors combined with 28 to 33-foot setbacks of other buildings to the south would minimize the potential for tunnel effects. ■ The facades of the proposed building facing Los Gatos Boulevard, Samaritan Drive; and National Avenue are articulated. ■ Existing tall trees on properties to the south already screen or block most distant views across the site from Los Gatos Boulevard so that the proposed building would serve to frame rather than block scenic views of the mountains to the south. ■ There are landscape elements around the proposed office building, along all pedestrian walkways, in the proposed courtyard, and along the perimeter of the parking facility. Additional landscape elements are recommended by CDG for Town consideration. ■ Pedestrian entries would be provided from all three street frontages (Los Gatos Boulevard, Samaritan Drive, and National Avenue) as .well as from the parking lot. Loading and service areas are not indicated on proposed plans, and therefore, consistency with this standard cannot be determined. Exterior lighting would be provided on the proposed building and grade-level parking facility. The Zoning Ordinance (Section 29.10.09035) would prohibit the production of direct or reflected glare (such as that produced by floodlights) onto any area outside the project boundary. The proposed project would introduce a new source of nighttime lighting. There would be exterior wall-mounted light fixtures on the proposed office building and on 12-foot high posts along the perimeter of the grade-level parking facility. No parking lot lights would be located within 50 feet of the property boundary that is shared with the adjacent residence to the southwest, which would minimize potential adverse effects of nighttime lighting. JUNE, 2008 6 INITIAL STUDY - 14830 LOS GATOS BOULEVARD AND 14881 NATIONAL AVENUE Potentially Significant Potentially Impact Unless Less Than Significant Mitigation Significant No Issues (and Supporting Information Sources) Impact Incorporated Impact Impact II. Agriculture Resources - Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps X prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing ;zoning for agricultural use, or a X Williamson Act contract? c) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non-agricultural use? The project site is currently developed with two single-family residences, and the site's agricultural potential is limited by its small size (0.85 acre) and surrounding development. Lands approximately 300 feet to the west are in orchard use, but they are not located contiguous to this project (across Los Gatos Boulevard) and there are no existing agricultural uses/operations at the site. III:. Air Quality - Would the project: a) Conflict with or obstruct implementation of the applicable X . air quality plan? b) Violate any air quality standard.or contribute substantially X to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant X concentrations? e) Create objectionable odors affecting a substantial number X of people? The project would be consistent with the Bay Area Air Quality Management District's (BAAQMD) most recently adopted regional air quality plan, the Bay Area 2005. Ozone Strategy (BAGS). The consistency of the proposed project with the BAOS is determined by comparing the project's consistency with the Los Gatos General Plan. Since the BAOS is based on population projections of the Association of Bay Area Governments (ABAG) that are based on the Town's General Plan in effect at the time the BAGS was approved, consistency of the project with the General Plan would indicate consistency with the BAOS. Although the project would amend the General Plan and Zoning Ordinance, potential trip generation from professional office uses would be lower than neighborhood commercial uses. Therefore, potential air emissions associated with uses allowed by the proposed General Plan designation would be lower, and therefore, the project would be consistent with the BROS. .TUNE, 2008 7 INrrIAL STUDY - 14830 LOS GATOS BOULEVARD AND 14881 NATIONAL AVENUE The San Francisco Bay Area Air Basin is classified by the BAAQMD as non-attainment for ozone and inhalable particulates (PM,o). According to the Town Planning Department, the proposed medical office project would generate approximately 711 net new daily trips, with 49 AM peak hour trips and 73 PM peak hour trips. Air emissions increases associated with the proposed project would be considered less than significant since the size of the proposed project would not exceed the Bay Area Air Quality Management District's (BAAQMD) threshold levels for potential significance.' The BAAQMD threshold levels for potential significance are approximately 2,000 vehicle trips per day or approximately 110,000 s.f. of medical office or 280,000 s.f. of general office space. At or above this size, traffic generated by a project could produce air quality problems, and an air quality impact assessment would need to be prepared and submitted to the BAAQMD for review. Adjacent residential uses are considered to be sensitive receptors. Proposed grading activities would generate short-term emissions of criteria pollutants, including suspended and inhalable particulate matter and equipment exhaust emissions. The project parcel is 0.85 acres, and project construction would result in surface disturbance over the entire site. The BAAQMD does not require quantification of construction emissions, but considers any project's construction-related impacts to be less than significant if required dust-control measures are implemented. The Town's standard dust control conditions require implementation of the BAAQMD's standard dust control measures (required on sites of three acres or less), which would mitigate the project's construction-related air quality impacts to a less-than-significant level. In 2006, California passed the California Global Warming Solutions Act of 2006 (Assembly Bill No. 32; California Health and Safety Code Division 25.5, Sections 38500, et seq.), which limits statewide greenhouse gas (GHG) emissions to 1990 levels and establishes a goal of achieving these emissions reductions by 2020 (representing a 25 percent reduction in emissions). AB 32 requires the California Air Resources Board (GARB) to adopt a comprehensive blueprint for limiting greenhouse gas emissions by ` the end of 2008 and complete the necessary rulemaking to implement that plan by the end of 2011, including adoption of a list of discrete, Early Action Measures that can be implemented before January 1, 2010. At present, adopted early action measures include a low-carbon fuel standard, reduction of refrigerant losses from motor vehicle air conditioning system maintenance, and increased methane capture from landfills. Cumulatively, all 44 early actions could achieve a reduction of 42 million metric tons of C02-Equivalents by 2020. Some proposed measures will require new legislation to implement, some will require subsidies, some have already been developed, and some will require additional effort to evaluate and quantify. While most measures relate to transportation, fuels, agriculture, commercial uses, businesses, and local government, there is one measure that could be relevant to the project, if adopted: CARB 2-9, Energy Efficiency, which calls for provision of light-covered paving, cool roofs, and shade trees. Since the CARB has not adopted a methodology or defined quantitative thresholds that can be- applied to a specific development project to evaluate an individual project's contribution to GHG emissions, no significance determination for the proposed project can be made at this time. However, until such time that a methodology is adopted and mitigation can be applied, it is recommended that the Town review the proposed project during the Architecture and Site review process to ensure that energy efficiency. measures have been incorporated into the project to the maximum extent feasible (including light-covered paving, cool roofs, and shade trees). It is also recommended that solar access to existing adjacent buildings be maintained to the maximum extent feasible. It appears that the project would not shade adjacent buildings to the south during the winter. 1 JUNE,2009 1NMAL STUDY - 14830 LOS GATOS BOULEVARD AND 14881 NATIONAL. AVENUE Potentially Significant Potentially Impact Unless Less Than Significant Mitigation Significant No Issues (and Supporting Information Sources Impact Incorporated Impact Impact IV. Biological Resources - Would the project: a) Have a substantial adverse effect, either directly or through X habitat modifications, on any species identified as a candidate, sensitive, or special status species -in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or X other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have -a substantial. adverse effect on federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native X 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? e) Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Vegetation on the project site consists of landscape trees, shrubs, and groundcover on the 0.85-acre site. The habitat value of site vegetation is limited to urban-adapted species, and project development would have a less-than-significant effect on species that currently use the property. The project would not have an impact on any protected wildlife. There are no listed wildlife species known to occur or potentially occur on the site based on the lack of suitable habitat. While disturbance of raptor nests is always a possibility when mature trees are being removed, the potential would be low on this site due to the lack of suitable support habitat and human activity associated with surrounding development. Policy O.P.3.3 of the Open Space Element of the Los Gatos General Plan emphasizes preservation of public and private landscaping along Town streets. The Los Gatos Tree Protection Ordinance states that the preferred tree replacement is two or more trees of a species and size designated by the Director of the Parks and Public Works Department. Tree replacement requirements are based on canopy size, which is defined in Table 3-1 of the Ordinance, Tree Canopy - Replacement Standard. Tree canopy replacement requirements range from two to six 24-inch box size trees or two 36-inch and/or 48-inch box size trees, depending on the canopy size of the tree to be removed. JUNE, 2008 9 INMAL STUDY 14830 Los GATOS BOULEVARD AND 14881 NATIONAL AVENUE Arbor Resources (AR) completed an arboricultural survey for the proposed project in February 2008,4 and a copy of this report is on file with the Los Gatos Community Development Department. The Arbor Resources` survey identified a total of 14 trees, which included nine California peppers (#1 through 9), two holly oaks (#10 and 11), one California black walnut (#12), one pittosporum (#13), and one coast redwood (#14; see Attachment 1 for map of surveyed trees). Of the 14 trees, only two (#12 and 14) are located entirely on the project site. The other 12 trees are situated entirely or partially on adjacent properties and their canopies overhang the project site. Although there are more trees scattered throughout the subject site, they were not included in the tree inventory because they are relatively small, fruit- or nut-bearing with trunk diameters less than 18 inches (and therefore exempt per Section 29.10.0970 of the Town Code). Project development would require removal of two trees (#12 and 14) to accommodate the proposed project. Because of their poor condition, AR recommends the removal of both regardless of the proposed project. Tree #12 is relatively large, 26-inch diameter black walnut that has an extensive decay column throughout its central leader; consequently, the failure of this leader appears imminent in the near future, a situation that would render the tree a loss. Tree #14 is nearly. dead, and its continued decline and demise appears imminent. Project development would also severely affect Tree #9, a 17-inch diameter pepper tree, and its longevity would be jeopardized. Trees #6, 7, 8 and 10 would also be adversely affected. The Town will require implementation of the following mitigation measure to reduce potential impacts on these trees to a less-than-significant level: Recommendations made by Arbor Resources (February 19, 2008) shall be implemented to eliminate or minimize the construction-related impacts on the trees to be retained. Recommendations are listed under Section 5.0, Recommendations, of the arborist's report. These include recommendations under the Design Guidelines section addressing tree location mapping, protective fencing, building setbacks, trenching, drainage facilities, and installation of new trees. The report also provides recommendations for Protection Measures before and during construction, encompassing fencing,. demolition, removal of hardscape, work within tree canopies, etc. The report's recommendations are included as Attachment 1. While this measure will require provision of adequate setbacks to protect trees to be retained, the proposed project will need to achieve a minimum setback from the trunks of Trees #6, 7; 8, 9 and 10 that is at least five times their trunk diameters for all grading (cut or fill), overcut, trenching and soil scraping (e.g. five feet for a tree with a 12-inch diameter). It should be noted that depending on the surveyed locations of these trees, the project design may need to be slightly revised to achieve these setbacks. Potentially Significant Potentially Impact Unless Less Than Significant Mitigation Significant No Issues and Su orting Information Sources Im act Incorporated ha act Impact V. Cultural Resources - Would the project: a) Cause a substantial adverse change in the significance of a X historical resource as defined in 15064.5? b) Cause a substantial adverse change in the significance of X an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d) Disturb any human remains, including those interred X outside of formal cemeteries? (~v I/ JUNE, 2008 10 INITIAL STUDY - 14830 LOS GATOs BOULEVARD AND 14881 NATIONAL AVENUE The project site is already. developed and surface soils were disturbed during construction of existing development on the subject property. Although the site is not located adjacent to Los Gatos Creek, the potential for encountering cultural resources cannot be completely eliminated due to the site's proximity to the creek and relatively level topography. In addition, the project would involve excavation for construction of the office building's underground parking garage. Therefore, the following iitigation measures will be required: 2. 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. 3. 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 shall notify the Native American Heritage Commission, who will attempt to identify descendants of the deceased Native Americans. 4. If the Community Development Director finds that the archaeological find is not a significant resource, work may 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 15064.5(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. 5. 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. Potentially Significant Potentially Impact Unlcss Lcss Than Significant Mitigation Significant No Issues (and Sa orting Information Sources) Impact Incorporated -LT Pct Impact VT. Geology and Soils - Would the project expose people or structures to potential substantial adverse effects, including. the risk of loss, injury, or death involving: a) Rupture of a known earthquake fault, as delineated on the X 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. b) Strong seismic ground shaking? X c) Seismic-related ground failure, including liquefaction? X d) Landslides? X e) Result in substantial soil erosion or the loss of topsoilT X f) Be located on a geologic unit or soil that is unstable, or that X would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? JUNE, 2008 11 INITIAL STUDY - 148 30 LOS GATOs BOULEVARD AND 14881 NATIONAL AVENUE ssues and Su ortiri Information Sources Potentially Significant Impact Potentially Significant Impact Unless Mtigation Inco orated Less Than Significant Impact o Impact g) Be located on expansive soil, as defined in Table 18-1-B of X the Uniform Building Code (1994), creating substantial risks to life or property? h) Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? A review of the Town's hazards maps' indicates that the project site has a moderate shrink-swell potential, very low potential for liquefaction, low potential for fault rupture, and moderate potential for seismic shaking. Due to the site's relatively level topography, no slope stability or debris flow hazards were identified for the site. The Town's Fault Map indicates that the site is not located near any mapped faultS.6 The Town's hazards maps also indicate no erosion hazards on the project site due to its level topography. Approximate grading quantities for the project are proposed to be 10,950 cubic yards of cut and 75 cubic yards of fill, which would result in a net export of 10,875 cubic yards of material. Although there are no erosion hazards, the Town will require preparation and implementation of interim and final erosion control plans due to the amount of grading proposed. With implementation of these plans, potential erosion hazards would be less than significant. At a minimum, the proposed office building would be expected to be subject to strong groundshaking during their design life, particularly given their proximity to an identified fault, However, it should be noted that most of the Bay Area as well as surrounding development are subject to groundshaking hazards. As a standard condition of Architecture and Site approval, the Town will require preparation of a soil engineering report; this report will address any soil engineering constraints and specify criteria and standards in accordance with the Uniform Building Code (UBC) for site grading, drainage, pavement design, retaining wall design, erosion control, and foundation design. UBC standards accountfor a development's vulnerability to seismic hazards based on its proximity to active faults and Los Gatos utilizes a different section of the UBC seismic table due its proximity to Class B faults. Therefore, compliance with applicable UBC requirements would be adequate to address regional seismic safety concerns such as groundshaking. Assuming all recommendations of the required report are incorporated into the project design, no significant impacts from soil engineering constraints would be expected. VH. Hazards and Hazardous Materials - Would the proj ect: a) Create a significant hazard to the public or the environment X through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard -to.the public or the environment X through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely X hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? JUNE, 2008 12 IMIAL STUDY - 14830 LOS GATos BOULEVARD AND 14881 NATIONAL AVENUE Potentially Significant Potentially Impact Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact d) Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The project site is not included on any Hazardous Wastes and Substances Sites List.' A Transaction Screen Analysis (TSA) was completed for the project site by Geocon Consultants, Inc. in 2000 A copy of this report is on file and available for review at the Los Gatos Community Development Department. The TSA indicates that the protect site has been developed with single-family residences since the 1950s. Prior to construction of the residences, the property was in agricultural (orchard) use based on historical aerial photos. Prior use of the property for agriculture could be a potential environmental concern due to the possible use of agricultural chemicals such as fertilizers and pesticides during orchard operations. However, recent Phase I Environmental Site Assessments prepared for other projects in the Town where the sites were formerly in agricultural use indicate that these chemicals biodegrade over time. Since these chemicals have not been used on the site since before it was developed with residences, the potential presence of these chemicals on the site would not appear to be a significant environmental concern. No hazardous materials or stains on the concrete foundation were observed by Geocon during the site survey. Based on the records search performed as part of the TSA, one facility was likely located immediately adjacent to the site's northern boundary and it involved soil contamination associated with a leaking underground storage tank. The case was closed in the 1996. The TSA also identified six other properties within one-fourth mile of the site that involve the use or release of hazardous materials. Given the closure status of the identified adjacent facility and the distance between other identified properties and the project site, Geocon concluded that further investigation was not warranted. Since the TSA indicates that the potential for encountering hazardous materials would be low, no significant public health risks would be posed by proposed redevelopment of the project site. The existing structures on the site are proposed for demolition as part of the project. If these buildings contain asbestos or lead-containing paint, demolition could result in airborne release of hazardous building materials, such as asbestos fibers or lead dust. There are no schools located within one-fourth JUNE,2008 13 INITIAL STUDY 14830 Los GATos BOULEVARD AND 14881 NATIONAL AVENUE mile of the project site. Proposed demolition will be required to comply with state and federal regulations for inspection and removal of hazardous building materials, including asbestos-containing materials and Iead-containing substances. If found to be present in building materials to be removed, asbestos and/or lead abatement practices such as containment and removal will be required prior to demolition. In addition, the project applicant will be required to obtain clearance for asbestos removal from the Bay Area Air Quality Management District prior to issuance of a demolition permit. Therefore, with implementation of existing regulations, the potential for public health hazards associated with the release of airborne asbestos fibers at the project site will be reduced to less than significant. In addition to implementing asbestos abatement requirements, the project applicant will be required to implement the following measure to mitigate other public health risks associated with lead-based paints to a less-than- significant level: d. A state certified lead-basedpaintprofessional shall be retained to perform a lead-based paint survey of the existing structures and the recommendations of the professional shall be followed for abatement of any identified lead-based paint prior to demolition of the structures. Potentially Significant Potentially Impact Unless Less Than Issues (and Su orting Information Sources) Significant Mitigation Significant No Impact Incorporated Impact Impact VIII. Hydrology and Water Quality - Would the project: a) Violate any water quality standards or waste discharge X requirements? b) Substantially deplete groundwater supplies or interfere X 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., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a strearn or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? X g) Place housing within a 100-year flood hazard area as X mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? JUNE, 2008 14 INITIAL STUDY - 14830 LOS'GATOs BOULEVARD AND 14881 NATIONAL AVENUE Potentially Significant Potentially Impact Unless Less Than Significant NEtigation Significant No Issues and Su ordna Information Sources) impact Incorporated Impact Im act h) Place within a I00-year flood hazard area structures, which X would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, X injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? X The project site is located within the Ross Creek watershed and runoff from the site ultimately discharges into Ross Creek (east of the site) and eventually into the Bay. Histori cally, flows. in Ross Creek percolated into the valley floor and were not connected via surface flow to the Guadalupe River.' Portions of Ross Creep were realigned in the 1960s and currently it is connected to the Guadalupe River via man-made channels. Storm Drainage. Presently, the 0.85-acre project site is partially covered by impervious surfaces associated with two single-family residences, garage, shed, and driveways. The project site is generally level with storm runoff draining from the property towards the northeast. Storm water runoff from the project site's impervious surfaces drains to National Avenue, which extends along the eastern project boundary. Approximately 25 percent (or 9,380 s.f.) of the 0.85-acre project site is presently covered with the impervious surfaces of the site's existing buildings and driveways. Project plans indicate that proposed ' impervious surfaces would cover approximately 75 percent (28,037 s.f.) of the site. This would result in substantial net increase in- impervious surfaces on the project site. The Preliminary Grading and Drainage Plan for the project. indicates that the runoff flows from proposed building and parking facility would be collected and routed into proposed stormwater filtration facilities sized in accordance with the SCVURPPP C.3 Stormwater handbook. Runoff from the northern portion of the site would flow to a filtration device located near the corner of Samaritan Drive and National Avenue. Runoff from the southern portion of the site would flow to a filtration device located immediately south of the proposed project driveway. Stormwater detention facilities are proposed downstream of these filtration devices. Detention facilities would be sized such that the post-development 10-year runoff rates would be equal to pre-development rates. Therefore, the proposed project would not significantly affect the existing downstream storm drainage system capacities. Flood Hazards. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for the project area, the project site is not within the 100-year floodplain. The Town of Los Gatos Safety Element Flood Plain map also shows that the project site does not lie within a flood zone. Therefore, no significant flood hazard impacts would be expected. Water Q alky. Stringent water quality regulations of the Clean Water Act have recently been triggered because the NPDES (National Pollution Discharge Elimination System) permit program has failed to protect beneficial uses of Santa Clara County's creeks and the South San Francisco Bay, as evidenced by such observations as violations of ambient water quality criteria, high concentrations of toxic substances, and fish consumption health advisories. These new regulations require that all discharges shall comply with Provision C_3, New and Redevelopment Performance Standards of Order No. 01-024 of the NPDES permit program. JUNE, 2008 15 INITIAL STUDY - 14830 LOS GATOS BOULEVARD AND 14881 NATIONAL AVENUE Since the project site is located within the Ross Creek watershed, runoff from the site would discharge indirectly into Ross Creek, flow into the Guadalupe River, and eventually into the Bay. The Guadalupe River is on the Clean Water Act Section 303(d) List of Water Quality Limited Segments due to the presence of diazinon, a pesticide, and mercury. Best Management Practices (BMPs) outlined by the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) for treatment control of pesticides are bioretention, infiltration, and inedia filter with adsorption/absorption as the removal process. After project completion, surface runoff from the site would be expected to carry typical urban pollutants generated by parking facilities, building surfaces, and landscape areas. As a condition of project approval, the Town will require: (1) preparation and submittal of interim and final erosion control plans to the Engineering Division of the Parks and Public Works Department; and (2) implementation of non-point source pollution prevention measures to reduce pollutant levels in the water that will-eventually discharge to Ross Creek. Since the project would create or replace more than 10,000 s.f. of impervious surface area, the Town has determined that the proposed project is subject to the provisions of C.3. The project proposes to direct surface runoff into stormwater treatment facilities on the site. Runoff flows would be treated prior to entering the project's stormwater detention facilities. These requirements are consistent with current non-paint source requirements and erosion control portions of the NPDES permit program. Potentially Significant Potentially Impact Unless . Less Than Significant Mitigation Significant No Issues (and Su orlon, Information Sources) Im act Incorporated Im act Im act IX. Land Use and Planning - Would the project: a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy, or X. 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? c) Conflict with any applicable habitat conservation plan or X natural community conservation plan? The Los Gatos Boulevard parcels are designated in the Los Gatos General Plan and Zoning Ordinance for commercial uses and the project would amend the general plan and zoning designations to restrict the use to professional office. The Los Gatos General Plan designates the western portion of the project site (Los Gatos Boulevard parcels) as Mixed Use Commercial and this designation allows for a mixture of retail, office, and residential uses. The eastern portion of the site (National Avenue parcel) is designated for Office Professional uses. Since the project is a professional office use, the project applicant proposes to amend the General Plan designation on the Los Gatos Boulevard parcels to Office Professional so the entire 0.85-acre site would be designated Office Professional. The proposed medical office use would be consistent with this General Plan land use designation. The Office Professional designation provides for professional and general business offices. Both land use designations have'a 35-foot height limit and land coverage limit of 50 percent. e. Similarly, the western portion of the project site (Los Gatos Boulevard parcels) is zoned C-1, Neighborhood Commercial, while the eastern portion of the site (National Avenue parcel) is zoned 0, Office. The Zoning Ordinance allows office uses in both zones, but professional offices (medical and L J JUNE, 2008 16 INITIAL STUDY - 14830 Los GATOS BOULEVARD AND 14881 NATIONAL AVENUE _ dental) are permitted only in the Office zone. Therefore, the project applicant proposes to rezone the Los Gatos Boulevard parcels so the entire 0.85-acre site would be zoned 0, Office. Good Samaritan Hospital and associated surgery facilities are located across Samaritan Drive, approximately 0.10 to 015 mile to the east of the site, and the project area is characterized by a mix of residential uses, health care facilities, and professional offices. The areas to the west and south of the Los Gatos Boulevard parcels (along Los Gatos Boulevard) are designated "Mixed Use Commercial," while areas to the south of the National Avenue parcel are designated "Office Professional." Areas to the east and southeast, along the east side of National Avenue are within the San Jose city limits, and this area is developed with professional offices. The proposed project would replace two single-family homes with a medical/dental office building. Since this site is located adjacent to and across the street from other professional offices and across the street from hospital-related facilities, no land use compatibility problems would be expected. The Los Gatos General flan does not identify any habitat conservation plans or natural community conservation plans that apply to the project site. Potentially Significant Potentially Impact Unless Less Than Significant Mitigation Significant No Issues (and Su ortina Information Sources) Impact Inca orated Impact Impact X. Mineral Resources - Would the project: a) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The Los Gatos General Plan does not identify any regionally or locally-important mineral resources on the project site-or in its vicinity. X1. Noise - Would the project result in: a) Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive X groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in X the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to- excessive noise levels? JUNE, 2008 17 INITIAL STUDY - 14830 LOS GATos BOULEVARD AND 14881 NATIONAL AVENUE Potentially Significant Potentially Impact Uniess Less Than Significant Ktigation Significant No Issues and Supporting Information Sources) Impact Incorporated Impact Impact f) For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the project area to excessive noise levels? Project construction would result in temporary short-term noise increases due-to the operation of heavy equipment. Construction noise sources range from about 76 to 85 dBA at 50 feet for most types of construction equipment with slightly higher levels of about 88 to 91 dBA at 50 feet for certain types of earthmoving and impact equipment. If noise controls are installed on construction equipment, the noise levels could be. reduced by 1 to 16 dBA, depending on the type of equipment. The potential for construction-related noise increases to adversely affect adjacent office or residential receptors would depend on the location and proximity of construction activities to these receptors. The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours -of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 7:00 p.m, on weekends and holidays. This ordinance also limits noise generation to 85 dBA at the property line or 85 dBA at 25 feet. Adjacent uses include one single-family residence located approximately 30 feet west of the southwestern project boundary, a medical office building on National Avenue located about 20 feet to the south, a medical office building on Las Gatos Boulevard located approximately 40 feet to the south. At 20 feet, the ordinance noise limit would result in maximum noise levels of 87 dBA at the medical office building to the south. Temporary disturbance (e.g., speech interference) can occur if the noise level in the interior of the office buildings exceed. 60 dBA.10 To maintain such interior noise levels, exterior noise levels at these offices should not exceed 80 dBA and this exterior noise level is used as a significance threshold or criterion. It appears that construction noise levels would periodically exceed 80 dBA or less at the office building on National Avenue when construction occurs adjacent to the southern project boundary. However, construction on the southern portion of the site would be limited construction of the underground parking garage, grade-level parking facility over the garage, and access driveways. Building-related construction would occur on the northern portion of the site away from this office building. Therefore, given the limited extent of construction along the southern project boundary, enforcement of time restrictions and noise level standards contained in the Town Noise Ordinance would help maintain construction noise levels at acceptable levels most of the time, minimizing the potential for speech interference effects when heavy equipment is operated on the project site near the adjacent office building. The northern fagade of the proposed office building shall be enclosed as early in the construction process as possible to minimize impacts on the existing residence to the north. Proposed fencing along the northern property boundary shall be constructed prior to construction of the proposed building to minimize construction-related noise impacts. With respect to long-term noise associated with operation of the proposed medical office building, rio significant noise compatibility problems would be expected. The proposed medical office use would be consistent with the medical offices located to the south of the site. The building's mechanical equipment (heating and air conditioning units) would located in rooftop equipment wells, eliminating the potential for noise compatibility problems associated with this equipment. Since no development is proposed in the southern corner of the site, which is contiguous to the residential property to the southwest,"no significant noise compatibility problems would be expected. A six-foot high masonry wall is also proposed along the portion of the project boundary abutting the residential property. In addition, there are parking lots across the street to north and east, and single-family residences to the west are Iocated 200 feet or more from the site (separated by Los Gatos Boulevard), minimizing the potential for noise compatibility problems. JUNE, 2008 . 18. INITIAL STUDY - 14830 LOS GATOS BOULEVARD AND 14881 NATIONAL AVENUE With respect to the project's compatibility with the ambient noise environment. The Town's Noise Element does not specify outdoor noise limit goals for office uses, but indicates a maximum noise level-of 70 dBA (Leq [241) for commercial uses, Based on estimated traffic noise levels of 65 dBA (Ldn) or less at project boundaries, the proposed office use would be consistent with this noise goal." It should be noted that Ldn includes a 10-dB A penalty at night while Leq (24) does not include this penalty. Therefore, the Leq noise level would actually be lower than the estimated 65 dBA (Ldn). Potentially Significant Potentially Impact Unless Less Than Significant Mitigation Significant No Issues (and Su orting Information Sources) im act Incorporated Impact Impact XIL Population and Housing - Would the project; a) Induce substantial population growth in an area, either X directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? The proposed project would not result in an increase in local population. The proposed project would replace two single-family residences with a medical office building. Removal of two housing units would not be considered a significant reduction in the existing housing supply in Los Gatos and would riot displace a substantial number of people. In addition, the project site is zoned for commercial and office uses and residential use is not a permitted use (i.e., certain types of residential use would require a conditional use permit). The project would not be considered growth-inducing, since the project would involve redevelopment of an existing developed parcel and the project would not extend roads or infrastructure to any adjacent properties. XIII. Public Services - a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, 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 public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X JUNE, 2008 19 INITIAL STUDY - 14830 LOS GATOS BOULEVARD AND 14881 NATIONAL AVENUE Services are already provided to the project site as well as to adjacent office and residential uses. No significant increase in demand on public services are expected to be required for the proposed building since services are currently provided to the existing residences on the site. The Santa Clara County Fire Department has reviewed proposed project plans for site access and water supply, and the project will be required to meet Department requirements for minirnurn fire flow, automatic fire sprinklers, hose valves/standpipe requirements, hydrant spacing/location, timing of required water supply installations, building access requirements, etc.t2 The project will be required to install an automatic fire sprinkler system in the proposed building and provide hose valves/standpipes where emergency access is deemed minimal (specifically, within the parking garage, stairwells, and courtyard), meet maximum public fire hydrant spacing requirements, and be equipped with a permanently installed fire department emergency access key lock box. The proposed plan will be subject to formal plan review by the Santa Clara County Fire Department to determine compliance with adopted model codes. Potentially Significant Potentially Impact Unless Less Than Significant Mitigation Significant No Issues (and Su orting Information Sources) Impact Incorporated Im act Impact XIV. Recreation - a) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require X the construction or expansion of recreational facilities, which might have an adverse physical, effect on the environment? The proposed project would not add new population to the area, and therefore would not increase the demand for recreational services. XV. Transportation/Traffic - Would the project; a) Cause an increase in traffic, which is substantial in relation X to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an X increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., X sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? X f) Result in inadequate parking capacity? X c~- JUNE, 2008 20 INITIAL STUDY - 14830 Los GATos BOULEVARD AND 14881 NATIONAL AVENUE Potentially Significant Potentially Impact Unless Less Than Significant Mitigation Significant No Issues (and Su ortinc, Information Sources Impact Incorporated Im act Impact g) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? A detailed traffic impact study was completed by TJKM Transportation Consultants (TJKM) in March 200813 and this report is available for review at the Town Community Development Department. Trip Generation. The Town's Traffic Impact Policy (Resolution 1991-174) requires preparation of a detailed traffic study for any project with the potential to generate 20 or more additional AM or PM peak hour trips. The proposed medical office building would add 730 daily trips with 50 AM peak hour trips and 75 PM peak hour trips, the site currently generates traffic from the two existing residences. When project volumes are adjusted for existing on-site traffic, the proposed project would generate 711 net new average daily trips with 49 net new AM peak hour trips and 73 net new PM peak hour trips. Project-related Traffic Impacts. TJKM evaluated the project's impact at five intersections in the project vicinity: Samaritan Drive/National Avenue (one-way stop) as well as Los Gatos Boulevard intersections with Lark Avenue, Los Gatos Boulevard/Bascom Avenue/Burton Road/Samaritan Drive, SR 85 southbound ramps,•and SR 85 northbound ramps (all signalized). Under Existing Conditions, these intersections operate acceptably (LOS D or better) during the AM and PM peak hours except-for the Samaritan Drive/National Avenue intersection, which operates at LOS E during the AM peak hour. TJKM recommends that the northbound approach of Samaritan Drive be widened to provide an additional left-turn lane, improving existing service level operation to LOS D during the AM peak hour. With approved projects in the project area (Existing Plus Background Conditions), increased average delay at this intersection will be negligible (less than one second of average delay per vehicle), and these intersections are expected to continue to operate acceptably (LOS D or better) during the AM and PM peak hours except for the Samaritan Drive/National Avenue intersection (LOS E during the AM peak hour). The same recommended addition of a left-turn lane on Samaritan- Drive is expected to accommodate the added trips from the approved projects. With the proposed project (Background Plus Project Conditions), these intersections are expected to continue to operate at the same level of service as Background Conditions except for the Samaritan Drive/National Avenue intersection, which would operate at LDS F during the peak hours. This would be a significant impact and the following measure will be required to reduce this impact to a less-than- significant level: 7, The northbound approach to the Samaritan DrivelNational Avenue intersection-shall be widened to provide an additional left-turn lane on National Avenue (same as for improving the existing condition), improving levels of service back to existing conditions (i.e., LOS E during the AMpeak hour and LOS D during the PMpeak hour). TJKM also evaluated the adequacy of the existing 100-foot long westbound left-turn lane on Samaritan Drive and the proposed additional northbound left-turn lane on National Avenue (proposed to be 110 to 120 feet) at the Samaritan Drive/National Avenue intersection. Based on the HCM 2000 methodology using Traffix analysis for the 95t1s percentile condition, traffic levels (with the project) would increase queue length in the westbound left-turn lane on Samaritan Drive by 25 feet and in the northbound left- turn on National Avenue by 110 to 120 feet. Therefore, the existing westbound left-turn lane storage JUNE, 2008 21 INITIAL STUDY - 14830 Los GATOS BOULEVARD AND 14881 NATIONAL AVENUE length on Samaritan Drive and proposed northbound left-tum storage length on National Avenue would be adequate to accommodate project-related traffic increases at this intersection. It should be noted that this mitigation measure would not resolve existing problems with difficult Ieft-turn access off National Avenue during the commute hours. In addition, the project's t'raff'ic increase on National Avenue on this approach would exacerbate this existing problem.. Therefore, the project's contribution to this condition would be a significant impact and the following measure will be required to reduce the project's contribution to this impact to a less-than-significant level: 8. The applicant shall contribute its fair share, subject to approval by the City of San Jose, to the addition of a protected leftlU-turn lane on Samaritan Drive east of National Avenue. This measure would facilitate the northbound traffic movement on National Avenue by allowing vehicles to turn right from National Avenue onto Samaritan Drive, and then make a U-turn on Samaritan Drive towards Los Gatos Boulevard. The City of San Jose plans to install a.'signal on Samaritan Drive at the hospital driveway entrance when future development projects occur in the vicinity. The -signal would enable U-turn movement and improve access from National Avenue towards Los Gatos Boulevard. TJKM assessed the project's impact on four freeway segments: SR 85 freeway from Union Avenue to S. Bascom Avenue, SR 85 freeway from S. Bascom Avenue to the SR 17 freeway, SR 17 freeway from Lark-Avenue to SR 85, and SR 17 freeway from.SR 85 to San Tomas Expressway. It is. estimated that the project would increase traffic by less than one percent on these freeway segments during both the AM and the PM peak hours. Also, TJKM determined there is sufficient roadway capacity on National Avenue to accommodate the project-related traffic, given the existing volume of 5,140 vehicles per day volume on this street. Safety. Based on accident reports provided by the Town for. the last three years (July 1, 2004 to June 1, 2007), there were three collisions it the National Avenue/Samaritan Drive intersection. The collision rate is estimated to be 0.30 collisions per million vehicles at the National Avenue/Samaritan Drive intersection, 0.06 collisions per million vehicles at the Los Gatos Boulevard/Samaritan Drive intersection, and 0.88 collisions per million vehicles along National Avenue. Based on the 2003 Collision Data on California State Highways, the average statewide collision rate for a stop controlled tee-intersection and a two-lane suburban roadway segment are 0.19 and 1.86, respectively. Similarly, the average statewide collision for afour-way approach suburban signalized intersection is 0.58. When compared to the corresponding average statewide collision rate (0.19), the estimated collision rate for the intersection Samaritan Drive/National Avenue (0.30) would be higher than the statewide collision rate. The yield of left-turning traffic on Samaritan Drive is the traffic violation type -involved in the majority of the collisions at this intersection. Implementation of intersection improvements identified above in Mitigation Measure #7 would reduce this potential traffic safety impact to a less-than-significant level. It should be noted that the estimated collision rates for National Avenue roadway segment (0.88) and the signalized intersection Los Gatos Boulevard/Samaritan Drive (0.06) are well below the corresponding average statewide collision rates of 1.86 and 0.58, respectively. The proposed project is expected io have little or no impact on the collision rate (or safety) at the remaining study intersections and on the study segment of National Avenue. Site Access and Parking. The project site currently has one driveway. on the Los Gatos Boulevard . frontage and two on the National Avenue frontage. The proposed project design would eliminate the driveway on Los Gatos Boulevard and one on National Avenue, One driveway access to the project's underground parking garage and grade-level parking lot would be located on National Avenue near the southeastern corner, farther away from the National Avenue/Samaritan Drive intersection than the two existing driveways on National Avenue. JUNE, 2008 22 INITIAL STUDY - 14830 Los GATOS BOULEVARD AND 14881 NATIONAL AVENUE The project would provide a total of 85 parking spaces on-site, 68 parking spaces would be in the underground parking garage and 17 parking stalls would be provided in the grade-level parking lot. The Los Gatos Parking Code requires one parking space for every 250 s.f. of gross floor area of medical/dental office space or six spaces per doctor, whichever is more restrictive. At this rate, the proposed building (19,868 s.f. of office space) would require 80 parking spaces and the project would meet this requirement. Based on the parking proposed, the maximum number of doctors permitted would be 14. Therefore, proposed parking facilities would be adequate. Pedestrian, Bicycle and Transit Accessibility. At present, bicycle and pedestrian access is available in the site vicinity. In the site vicinity, there are bike lanes along Los Gatos Boulevard and Samaritan Drive. There are also sidewalks along both sides of Los Gatos Boulevard, National Avenue and Samaritan Drive in the project vicinity,.but no sidewalk further south along the east of Los Gatos Boulevard. Based on field observations by TJKM, Bus Lines 27 and 49 runs along Los Gatos Boulevard and Lines 27 and 62 runs along Samaritan Drive in the vicinity of the project site, The nearest bus stops for Lines 27 and 62 are located on the east side of Samaritan Drive/National Avenue intersection. Similarly, for Lines 27 and 49 the nearest bus stops are located on the southwest side of Los Gatos Boulevard/Samaritan Drive intersection. According to TJKM, the project is not expected to significantly increase pedestrian or bicycle-traffic on Samaritan Drive or National Avenue, nor would the project result in a significant increase in bus ridership. Construction Parking, and Access. Project construction would result in temporary increases in truck traffic on surrounding roadways resulting from hauling excavated materials off-site. In addition to construction- related truck traffic, there would also be minor increases in construction-related traffic associated with workers, inspections, and equipment/materials deliveries. Export of approximately 10,875 cubic yards of material would generate approximately 1,360 to 1,800 one-way truck trips (680 to 900 truckloads based on 12 to 16 cubic yards per truck). Since the Town will prohibit haul- truck operations on local roads between 7 a.m. and 9 a.m. as well as 4 p.m. and 6 p.m., trucks operations would occur 6.5 hours per day. Assuming approximately 9 trucks could be filled per hour, a total of 18 truck trips per hour or 117 truck trips per day would be generated for approximately 12 to 15 work days or three weeks. If hourly truck volumes were lower, then duration of haul truck operations on local roadways would be longer.'Increased construction-related truck traffic on Los Gatos Boulevard or Samaritan Drive would have the potential to increase delays for emergency vehicles accessing the nearby Good Samaritan Hospital. As a condition of project approval, the Town will require the preparation and implementation of a traffic control plan to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. However, to reduce any potentially significant parking and access impacts associated with the project's construction-related truck and worker traffic, the following measure will be required: 9. As-part of the required traffic control plan, the project applicant's contractor shall address off-street worker parking, materials staging, traffic control for materials delivery (including concrete pours), and construction site maintenance and clean-up of adjacent streets. 10. Access to the Good Samaritan Hospital by emergency vehicles shall be maintained unimpeded at all times during project construction. Provisions of the traffic control plan shall ensure that construction-related traffic on Los Gatos Boulevard, Samaritan Drive, and National Avenue will not cause delays in emergency response. Cumulative Impacts. When pending projects are added (Background Pius Project Plus Pending Conditions), these intersections are expected to continue to operate at the same level of service as Background Plus Project Conditions, and the Samaritan Drive/National Avenue intersection would also JUNE, 2008 23 INITIAL STUDY - 14$30 LOS GATOS BOULEVARD AND 14881 NATIONAL AVENUE operate at LOS F during both peak hours. Therefore, the project's contribution to this impact would be cumulatively considerable. Implementation of Mitigation Measure #7 above. would reduce the project's contribution to this cumulative impact to a less-than-significant level. Potentially Significant Potentially Impact Unless Less Than Significant Mitigation Significant No Issues (and Su Orlin Information Sources) Impact Inco orated Im act I. act XVI. Utilities and Service Systems - Would the project: a) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment X provider, which serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the providers existing commitments? f) Be served by a landfill with sufficient permitted capacity to X accommodate the projects solid waste disposal needs? g) Comply with federal, state, and local statutes and X regulations related to solid waste? Utility facilities are currently provided to the project site and a Public Utility Easement (PUE) currently traverses the project site. The proposed project will be required to connect to the existing water .and sewer lines located adjacent to the site's eastern boundary in National Avenue. Project development would also include construction of storm drainage facilities (see Section VIII, Hydrology and Water Quality), The PUE is also proposed to be abandoned as part of project implementation. Utility agencies indicated they have no objections to the proposed abandonment of the PUE.14 The Fire Department will require provision of hose valves/standpipes on-site where emergency access is deemed minimal as well as public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 250 feet with a minimum single hydrant flow of 1,500 gallons per minute at 20 psi (pounds per square inch). Installations of required fire service(s) and hydrant(s), testing, and acceptance by the Fire Department will be required prior to the start of framing or delivery of bulk materials for the project. Other utilities (electrical, gas, telephone, cable TV facilities) will be upgraded as necessary. JUNE, 2008 24 INITIAL STUDY - 14830 LOS GA.TOS BOULEVARD AND 14881 NATIONAL AVENUE Potentially Significant Potentially Impact Unless Less Than Significant IwIitigation Significant No Issues (and Supporting Information- Sources Impact Inca orated Impact Impact XVIL Mandatory Findings of Significance - a) Does the project have the potential to degrade the quality X 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, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually X 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)? c) Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirectly? The project's contribution to projected cumulative impacts on service level operation of the Samaritan Drivc/National Avenue intersection would be cumulatively considerable (see Section XV, Transportation and Traffic). However, implementation of Mitigation Measure #7 -above would reduce the project's contribution to this cumulative impact to a less-than-significant level. JUNE, 2,008 25 INITIAL STUDY - 14830 LOS GATOS BOULEVARD AND 14881 NATIONAL AVENUE LIST OF SUPPORTING INFORMATION S OURCES (Indicated as endnotes. under specific issues of Initial Study) ' Cannon Design Group, 2008. Letter dated March 24, 2008 regarding 14830 Los Gatos Boulevard from Larry Cannon, AICP, President, to Sandy Baily, Los Gatos Community Development Department. . z Cannon Design Group, 2008. Letter dated May 12, 2008 regarding 14830 Los Gatos Boulevard from Larry Cannon, AICP, President, to Sandy Baily, Los Gatos Community Development Department. s Bay Area Air Quality Management District, 1999. BAAQMD CEQA Guidelines. December. a Arbor Resources, 2008. A Tree Inventory and Review of the Proposed Medical Office Building at 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos, California. February 19. s Nolan Associates, 1999. Draft Erosion Potential Map, Shrink-Swell Potential of Soils, Slope Stability Hazard Map, Debris Flow Hazard Map, Liquefaction Hazard Zones Map, Seismic Shaking Hazards Map, Geologic Map, Fault Rupture Hazard Zones Map for the Town of Los Gatos General Plan Update. January 17. 6 Nolan Associates, 1999. Draft Fault, Lineament & Coseismic Deformation Map for the Town of Los Gatos General Plan Update. January 17. 7 Town of Los Gatos Development Application Supplement, Hazardous Wastes and Substances Statement for 14830 Los Gatos Boulevard and 14881 National Avenue, Los Gatos, November 15, 2007. $ Geocon Consultants, Inc., 2006. 14830 Los Gatos Boulevard and 14881 National Avenue, Los Gatos, CA, Transaction Screen Analysis Transmittal. Project No. E8350-06-01. June 12. 9 Santa Clara Valley HCPINCCP Local Partners, Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan, Working Draft. June 2006. Website: http://www.scvhabitatplan.org/www/default.aspx. In indoor noise environments, the highest noise level that permits relaxed conversation with 100% intelligibility throughout the room is 45 dBA. Speech interference is considered to become intolerable when normal conversation is precluded at 3 feet, which occurs when background noise levels exceed 60 dBA (U.S. Environmental Protection Agency, Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety (Condensed Version, 1974). Source of Ldn noise level estimates for Los Gatos Boulevard and Samaritan Drive: Robert Bein, William Frost & Associates, 2000. Draft Environmental Impact Report; General Plan 2000, Los Gatos, California. April 14. Leq is the energy equivalent noise level, a steady-state energy level which represents the acoustical energy of a given measurement period that is equal to the actual time-varying sound level measured during the same period. Ldn is a 24-hour noise descriptor. Because community receptors are more sensitive to unwanted noise intrusion at night, an artificial dB increment is added to quiet time noise levels for planning purposes. Ldn adds a 10-dB penalty to all noise levels between 10:00 p.m. and 7:00 a.m. C.__ JUNE, 2008 26 INITIAL STUDY - 14830 LOS GATOS BOULEVARD AND 14881 NATIONAL AVENUE I 12 Santa Clara County Fire Depar tent, 2007. Development Review Comments, 15720 Winchester Boulevard. October 23. 13 TJKM Transportation Consultants, 2008. A Traffic Study for the Proposed Medical Office Development at 14881 National Avenue in the Town of Los Gatos. March 13. 14 Pacific Gas and Electric Company, 2007. Letter Dated December 6, 2007 from Mike Galvan, Land Technician, Pacific Gas and Electric Company, to Fletch Parsons, Town of Los Gatos, Parks & Public Works Department Regarding Proposed Abandonment of PUE. San Jose Water Company, 2007. Letter Dated December 6, 2007 from James R. Bariteau, Senior Water Services Representative, San Jose Water Company, to Fletch Parsons, Town of Los Gatos, Parks & Public Works Department Regarding Proposed Abandonment of PUE. West Valley Sanitation District of Santa Clara County, 2007. Letter Dated August 16, 2007 from Jonathan K. Lee, Senior Civil Engineer, West Valley Sanitation District of Santa Clara County, to Fletch Parsons, Town of Los Gatos, Parks & Public Works Department Regarding Proposed Abandonment of PUE. JUNE, 2008 27 ATTACHMENT X RECOMMENDATIONS FROM A TREE INVENTORY & REVIEW OF THE PROPOSED MEDICAL OFFICE BUILDING AT 14881 NATIONAL AVENUE & 14830 LOS GATOS BOULEVARD LOS GATOS, CALIFORNIA BY ARBOR RESOURCES FEBRUARY 19, 2008 (1..,/ -21111= . ARBOR RESOURCES _ professional arboriculture} consulting and tree care 1 A TREE INVENTORY AND REVIEW OF THE PROPOSED MEDICAL OFFICE BUILDING AT 14881 NATIONAL AVENUE & 14830 LOS GATOS BOULEVARD LOS GATOS, CALIFORNIA PROPERTY OWNER: Dr. Lee and Ms. Lee Walker APPLICANT: John Lien ARCHITECTURE & SITE APPLICATION S-07-212 APNS 424-10-017, D64,065 Submitted to: Sandy Baily,.AICP Community Development Department Town of Los Gatos 110 East Main Street Los Gatos, CA 95031 Prepared by: David L. Babby ASCA Registered Consulting Arborist 4399 ISA Certified Arborist #WE-4001A Febniary 19, 2008 p.o. box 25295, San rnatec, caltfornia 94402 email: arborresources@comcast,net phone: 650.654.335 I fax: 650.240.0777 licensed contractor #796763 David L. Babby, Registered Consulting.irborist February 19, 2008 5.0 RECOMMENDATIONS Recommendations presented within this section are based on plans reviewed, and serve as grtidelines for mitigating impacts to trees of regulated status being retained or removed. They should be carefully followed and incorporated into construction plans, and are subject to revision upon reviewing any additional or revised plans. 5.1 Design Guidelines 1. The trunk location and canopy dimensions of trees #1-11.and 13 must be surveyed and shown on all site-related plans to disclose their correct locations, allow for an accurate assessment of project impacts, properly plan for the locations of new trees, and achieve conformance to Section 29.10.0995 of the Town Code. 2. The setback specified in Section 4.0 of this report should be followed for trees to be retained and expected to survive with a reasonable assurance. 3_ All new underground utilities and services should be routed outside from beneath they trees' canopies. I should be consulted in the event this is not feasible. 4_ Per Section 23.10.1000(C.1) of the Ordinance, a copy of this report must be incorporated into the final set of project plans, titled Sheet(s) T-1, T-Z, etc_ (Tree Protection Instructions), and referenced on all site-related plans. 5_ The permanent and temporary drainage design, including downspouts, should not require water being discharged beneath the trees' canopies. 6_ The proposed planting design, as seemingly presented on Sheet 5, requires revision to consider existing trees. Once the locations and canopy dimensions of trees #1-11 and 13 are surveyed and shown, the proposed location of fixture trees can be established. 14881 National Avenue and 14830 Los Gatos-Boulevard Las Gatos Page 4 of 8 Town afLos Gatos Community Development Depar6nent (it" I/ David L. Babby, Registered ConsultingArborist February 19, 2008 7. New trees to be installed should be established at least 10 feet beyond the canopies of existing trees to be retained. They shall also be of a minimum 24-inch box size, planted prior to final inspection, and double-staked with rubber tree ties. All forms of irrigation should be of an automatic drip or soaker hose system placed on the soil surface and not in a sleeve. Additionally, to achieve the greatest assurance of proper installation, all new trees shall be installed, including necessary irrigation, by an experienced state-licensed landscape contractor and/or a professional tree company. 8. The landscape design should incorporate the following guidelines: a. Plant material installed beneath a canopy should be planted at least five from a tree's trunk. b. Irrigation should not strike within two to three feet of a tree's trunk. c. In the event trenches for irrigation and/or lighting are required beneath a canopy, they shall be installed in a radial direction to the trees' thinks. If irrigation trenches cannot be routed as such, the work may need to be performed using a pneumatic air device (such as an Air-Spade) to avoid f unnecessary root damage. d. Stones, mulch and new fencing should not be placed against the trees' trunks. e. Tilling beneath canopies should be avoided, including for weed control. 9. Upon availability, the proposed civil and landscape plaits should be review for tree- related impacts. 5.2 Protection Measures before and during Development 10. An ISA (Iriternational Society of Arboriculture) certified arborist and/or a member of ASCA (American Society of Consulting Arborists) - to be named the "project arborisf' - should be retained by the applicant/owner or contractor to assist in implementing and achieving compliance with all tree protection measures. 11. Prior to any demolition, construction or site clearing work, A pre-construction meeting between the project arborist and contractor should be held on-site to discuss 14881 National.4venue and 14830 Los Gatos Boulevard, Los Gatos Page 5 of 8 Thion afLos Gatos Corr:n:unityDevelopnrentDepartrttent David L. Babb), Registered Consulting Arborist February 19, 2008 work procedures, protection fencing locations, limits of grading, tree removals, staging areas, routes of access, supplemental watering, mulching, locations for equipment washing pits, procedures for removing the existing walkway, and any other applicable tree protection measures. 12. Tree protective fencing shall be installed prior to any demolition, grading, surface scraping or heavy equipment arriving on site, and its precise -location and placement approved by the project arborist (in the form: of a letter submitted to the Town) prior to the issuance of any demolition, grading or construction permit. It should be comprised of six-foot high chain link mounted on eight foot tall, two-inch diameter steel posts that are driven 24 inches into the ground and spaced no more than 10 feet apart. once established, the fencing must remain undisturbed and be maintained throughout construction until final inspection. 13. Unless otherwise approved, all development activities must be conducted outside the designated fenced areas. These activities include, but are not limited to, the following: demolition, grading, stripping of topsoil, trenching, equipment cleaning, stockpiling/dumping of materials, and equipment/vehicle operation and parking. 14. Any approved activity required on unpaved areas beneath the trees' canopies must be performed under the knowledge and direction of the project arborist_ All work should be manually performed using hand tools and wheelbarrows. In the event roots of two inches and greater are encountered during the process, the project arborist shall be consulted. 15. Prior to construction, I recommend a four- to five-inch layer of coarse wood chips to 3/- inch in size) is manually spread on the section of unpaved ground that is beneath the canopies of retained trees and 24 inches from any proposed retained wall or building. The wood chips should remain throughout construction (and possibly beyond), and must not be placed against the trees' trunks. They can be obtained from tree service companies and/or by contacting mvrv.reuser2nc.corn. 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Page 4 of 8 ToNm of Los Gatos Community DevelopmentDeparhnent ~ David L. Babby, Registered Consulting Arborist February 19, 2008 16. Prior to excavating soil for the underground garage or ramp within five feet from a tree's canopy, a one-foot wide trench shall be manually dug along the perimeter of these areas to a 2.5- to 3-foot depth (the purpose of this trench is to expose roots and allow for a clean cut to minimize root loss). The trench should be dug where soil cuts will occur closest to the trunks, and any roots encountered during the process shall be cleanly severed by hand (such as with lopper or sharp saw) against the side of the trench closest to the tree. All soil inside (away from the tree) the trench can be excavated using heavy equipment. 17. Post/pier holes dug beneath tree canopies for any site fencing must first be reviewed by the project arborist prior to digging. A post-hole digger should be used to dig the first 2.5 to 3 feet below grade. In the event a root of two inches and greater in diameter is encountered during the process, the hole should be shifted over by about 12 inches and the process repeated. All digging below the hand-dug area can occur using a manually-operated mechanical auger. 18. Recommendations that are presented within Section 5.1 of this report and pertain to site development should also be followed. 19. Throughout construction during the months of May thru October, supplemental water shall be supplied to retained trees. The specific trees, methodology, frequency, and amounts shall be prescribed by the project arborist. 20. All existing, unused lines or pipes beneath the canopies of retained trees shall be abandoned and cut off at existing soil grade (rather than being dug up and causing subsequent root damage). 21. All tree pruning shall be performed prior to demolition, in accordance with ANSI A300-2001 standards, and by a California state-licensed tree service company that has an ISA certified arborist in a supervisory role. The company selected should also 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Page 7 of 8 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist February 19, 2008 carry General Liability and Worker's Compensation insurance, and shall abide by ANSI 2133.1-2046 (Safety Operations). 22. All equipment shall be positioned to avoid the trunks and branches of trees. Where a conflict arises, the project arborist must be contacted to help address the situation. 23. The' disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage beneath canopies. Herbicides should not be used beneath the trees' canopies; where used on site, they should be labeled for safe use near trees. Prepared By: V ' Date: Febnniary 19, 2008 David L. Babby Registered Consulting A3 borist 9399 Certified Arborist 1fiTT-4001A LPL ~ S `r A a \r°~ soli InW 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Page 8 of 8 Town of Los Gatos Community Developm ent Department Q-11 -J 14881 NATIONAL AVENUE & 14380 LOS GATOS BOULEVARD /i.!s cster. m f n r1 ~ . I Y ` ' • c.295 .b -,art. I- ck LOT 10 y, l~cec!c 51 s.x r w+ Vi,a.cat ~ y -OT "M ?uTuspv ^fx!silaN< 1AW ' - YE%=55ant '.f17t4 -0 C55: 'L{T=OV ' ! a=~ r• ..ua '~+i rn~ i 1 X F~f~~ ~r .~aa5e r s Lo'C Xt~ 7 ♦:z, ~ 1 i :S e L11 NOTICE TOWN OF LOS GATOS ENVIRONMENTAL IMPACT REVIEW MITIGATED NEGATIVE DECLARATION Lead Agency: Town of Los Gatos Community Development Department 110 East Main Street Los Gatos, CA 95031 Project Title and Location: Walker Medical Office Building 14830 Los Gatos Boulevard and 14881 National Avenue General Plan Amendment GP-07-003 Zone Change Application Z-07-002 Architecture and Site Application S-07-212 Negative Declaration ND-07-150 RE0 JUN ° 4 2008 TOWN OF LOS GATO--; Project Description: The 0.85-acre project site is comprised of three parcels, two with site frontage on Los Gatos Boulevard (14830 Los Gatos Boulevard, APN 424-10-064; -065) and one with, frontage on National Avenue (14881 National Avenue, APN 424-10-017). The project site is currently developed with two single-family residences, garage, and shed. The project applicant is requesting approval of a General Plan Amendment, Zone Change, and Architecture and Site review to allow the following to occur on the project site: ■ Amend the General Plan designation of the Los Gatos Boulevard parcel from Mixed Use Commercial to Office Professional Rezone the Los Gatos Boulevard parcel from C-1 (Neighborhood Commercial) to O (Office) ■ -Demolish the four existing structures and remove existing property lines ■ Construct a new three-story medical office building At present, existing structures on the site include a single-family residence with detached garage on the Las Gatos Boulevard parcels and a single-family residence and shed on the National Avenue parcel. ' All existing structures would be demolished and parcel boundaries would be removed to consolidate the three parcels into one parcel. The Los Gatos Boulevard parcels are currently designated in the Los Gatos General Plan and Zoning Ordinance for commercial uses and the project would amend. the general plan and zoning designations to allow office uses. The project applicant proposes to construct a 19,868 square-foot, three-story medical/dental office building, underground parking garage (with surface parking above a portion of the garage). The proposed building would have three floors of office space (8,877 square feet (s.f.) on the first floor, 8,956 s.f. on the second floor, and 2,035 s.f. on the third floor) above a. 24,306 square-foot parking garage. A courtyard is proposed in the center of the building. While the underground garage would cover most of the three project parcels, the proposed building would be located almost entirely on the Los Gatos Boulevard parcels, while the National Avenue parcel would be developed with parking facilities (underground and grade-level parking). The project would provide 68 parking spaces in the underground parking garage and 17 parking stalls in the grade-level parking lot. JUNE, 2008 MITIGATED NEGATIVE DECLARATION - 14830 Los GATOS BOULEVARD AND 14881 NATIONAL AVENUE The project site currently has one driveway on the Los Gatos Boulevard frontage and two on the National Avenue frontage. The proposed project design would eliminate the driveway on Los Gatos Boulevard and one on National Avenue. One driveway access to the project's underground parking garage and grade- level parking lot would be located on National Avenue near the southeastern corner, farther away from the National Avenue/Samaritan Drive intersection than the two existing driveways on National Avenue. Determination: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures listed below have been added to the project, mitigating potential impacts to a less-than-significant level. An Environmental Impact Report will not be required. Statement of Reasons to Support Finding: 1. Aesthetics: Existing views of the project site are principally available from Los Gatos Boulevard, Samaritan Drive, and National Avenue. The entire site is visible from all three of these streets and some freeway ramps, but not from the Highway 85 freeway. Since the Los Gatos Boulevard/Samaritan Drive intersection is the first intersection within town limits, the project site is located at the northern gateway to the Town from South Bascom Avenue and the freeway. The proposed office building would be three stories high (with a parking level below) with a maximum height of approximately 35 feet. The proposed building would be substantially taller than the adjacent one-story, medical office and residence located to the southwest and slightly taller than the two-story office building located to the southeast. Proposed location of the grade-level parking lot on the southern portion of the site would maximize the proposed building's setback of approximately 115 feet from the existing two-story medical office building to the southeast. The proposed building would be located approximately 45 feet from the one-story medical office building to southwest. The existing wood fencing and mature trees/shrubs along the southern boundary would help maintain privacy in adjacent buildings. The project design was reviewed for the Town by an architecture and design firm, Cannon Design Group (CDG), for compatibility of the proposed design with existing neighborhood characteristics. A copy of this review is on file with the Los Gatos Community Development Department. CDG notes that the site occupies a prominent position at the north entry to the Town of Los Gatos. Surrounding uses are described as mixed, but with a strong presence of medical office buildings in the project vicinity. CDG concludes that the proposed design is of a high quality, consistent with the architectural style selected. While different in appearance from much of the other office and mixed use development nearby, CDG concludes that the proposed building would be acceptable for marking this important entry to the Town. CDC identified various concerns with the project's height and bulk, but the applicant's architect revised the project design in response these concerns, lowering the third floor tower element. The revised plans were reviewed by CDG again, and the proposed design was determined to be acceptable as proposed and no further recommendations were made. The proposed medical/dental office building would be located along the Los Gatos Boulevard site frontage and would be subject to design standards of the Los Gatos Boulevard Plan. The Los Gatos Boulevard Plan Design Standards emphasize the following: ■ Location of parking in the rear and location of buildings adjacent to the street (so that buildings, not parking lots, are seen along Los Gatos boulevard). ■ Staggering of buildings along the Los Gatos Boulevard frontage to avoid a tunnel effect. Articulation of facades to minimize building mass. f ,TUNE, 2008 2 MTTiGATBD NEGATIVE DECLARATION- 14830 LOS GATOs BOULEVARD AND 14881 NATIONAL AVENUE ■ Framing rather than blocking scenic views. ■ Designing a development to fit a site's natural conditions. ■ Provision of landscape elements in parking areas. ■ Location of loading and service areas away from the street. ■ Provision of defined pedestrian paths through large parking areas and pedestrian entries from the front as well as the rear sides facing the parking lot. The project generally conforms to all but one of the above guidelines: ■ The proposed building is located adjacent to Los Gatos Boulevard and parking is provided below and behind the office building, away from Los Gatos Boulevard. ■ The proposed building would be spt back approximately 37 feet from the eastern edge of Las Gatos Boulevard and the building fagade would be articulated. These factors combined with 28 to 33 foot setbacks of other buildings to the south would minimize the potential for tunnel effects. ■ The fa;;ades of the proposed building facing Los Gatos Boulevard, Samaritan Drive, and National Avenue are articulated. ■ Existing tall trees on properties to the south already screen or block most distant views across the site from Los Gatos Boulevard sd that the proposed building would serve to frame rather than block scenic views of the mountains to the south. There are landscape elements around the proposed office building, along all pedestrian walkways, in the proposed courtyard, and along the perimeter of the parking facility. Additional landscape elements are recommended by CDG for Town consideration. ■ Pedestrian entries would be provided from all three street frontages (Los Gatos Boulevard, Samaritan Drive, and National Avenue) as well as from the parking lot. Loading and service areas are not indicated on proposed plans, and therefore, consistency with this standard cannot be determined. Exterior lighting would be provided on the proposed building and grade-level parking facility. The Zoning Ordinance (Section 29.10.09035) would prohibit the production of direct or reflected glare (such as that produced by floodlights) onto any area outside the project boundary. The proposed project would introduce a new source of nighttime lighting. There would be exterior wall-mounted light fixtures on the proposed office building and on 12-foot high posts along the perimeter of the grade-level parking facility. No parking lot lights would be located within 50 feet of the property boundary that is shared with the adjacent residence to the southwest, which would minimize potential adverse effects of nighttime lighting. 2. Agriculture Resources: The project site is currently developed with two single-family residences, and the site's agricultural potential is limited by its small size (0.85 acre) and surrounding development. Lands approximately 300 feet to the west are in orchard use, but they are not located contiguous to this project (across Los Gatos Boulevard) and there are no existing agricultural uses/operations at the site. 3. Air Quality: The project would be consistent with the Bay Area Air Quality Management District's (BAAQMD) most recently adopted regional air quality plan, the Bay Area 2005 Ozone Strategy (BAOS). The consistency of the proposed project with the BAOS is determined by comparing the project's consistency with the Los Gatos General Plan. Since the BAOS is based on population projections of the 7uNE, 2008 MITIGATED NEGATIVE DECLARATION- 14830 Los GATOS BOULEVARD AND 14881 NATIONAL AVENUE Association of Bay Area Governments (ABAG) that are based on the Town's General Plan in effect at the time the BAOS was approved, consistency of the project with the General Plan would indicate consistency with the BAOS. Although the project would amend the General Plan and Zoning Ordinance, potential trip generation from professional office uses would be lower than neighborhood commercial uses. Therefore, potential air emissions associated with uses allowed by the proposed General Plan designation would be lower, and therefore, the project would be consistent with the BADS. The San Francisco Bay Area Air Basin is classified by the BAAQMD as non-attainment for ozone and inhalable particulates (PM10). According to the Town Planning Department, the proposed medical office project would generate approximately 711 net new daily trips, with 49 AM peak hour trips and 73 PM peak hour trips. Air emissions increases associated with the proposed project would be considered less than significant since the size of the proposed project would not.exceed the Bay Area Air Quality Management District's (BAAQMD) threshold levels for potential significance. The BAAQMD threshold levels for potential significance are approximately 2,000 vehicle trips per day or approximately 110,000 s.f. of-medical office or 280,000 s.L of general office space.' At or above this size, traffic generated by a project could produce air quality problems, and . an air quality impact assessment would need to be prepared and submitted to the BAAQMD for review. Adjacent residential uses are considered to be sensitive receptors. Proposed grading activities would generate short-term emissions of criteria pollutants, including suspended and inhalable particulate matter and equipment exhaust emissions. The project parcel is 0.85 acres, and project construction would result in surface disturbance over the entire site. The BAAQMD does not require quantification of construction emissions, but considers any project's construction-related impacts to be less than significant if required dust-control measures are iinnplemenied. The Town's standard dust control conditions require implementation of the BAAQMD's standard dust control measures (required on sites of three acres or less), which would mitigate the project's construction-related air quality impacts to a less-than-significant level. e_1 In 2006, California passed the California Global Warming Solutions Act of 2006 (Assembly Bill No. 32; California Health and Safety Code Division 25.5, Sections 38500, et seq.), which limits statewide greenhouse gas (GHG) emissions to 1990 levels and establishes a goal of achieving these emissions reductions by 2020 (representing a 25 percent reduction in emissions). AB 32 requires the California Air Resources Board (GARB) to adopt a comprehensive blueprint for limiting greenhouse gas emissions by the end of 2008 and complete the necessary mlemaking to implement that plan by the end of 2011, including adoption of a list of discrete, Early Action Measures that can be implemented before January 1, 2010. At present, adopted early action measures include a low-carbon fuel standard, reduction of refrigerant losses from motor vehicle air conditioning system maintenance, and increased methane capture from landfills. Cumulatively, all 44 early actions could achieve. a reduction of 42 million metric tons of C02-Equivalents by 2020. Some proposed measures will require new legislation to implement, some will require subsidies, some have already been developed, and some will require additional effort to evaluate and quantify. While most measures relate to transportation, fuels, agriculture, commercial uses, businesses, and local government, there is one measure that could be relevant to the project, if adopted: CARB 2-9, Energy Efficiency, which calls for provision of light-covered paving, cool roofs, and shade trees. Since the CARE has not adopted a methodology or defined quantitative thresholds that can be applied to a specific development project to evaluate an individual project's contribution to GHG emissions, no significance determination for the proposed project can be made at this time. However, until such time that a methodology is adopted and mitigation can be applied, it.is recommended that the Town review the proposed project during the Architecture and Site review process to ensure that energy efficiency JUNE, 2008 4 MITIGATED NEGATIVE DECLARATION - 14830 Los GATOS BOULEVARD AND 14881 NATIONAL AVENUE, measures have been incorporated into the project to the maximum extent feasible (including light-covered paving, cool roofs, and shade trees). It is also recommended that solar access to existing adjacent buildings be maintained to the maximum extent feasible. It appears that the project would not shade adjacent buildings to the south during the winter. 4. Biological Resources: Vegetation on the project site consists of landscape trees, shrubs, and groundcover on the 0.85-acne site. The habitat value of site vegetation is limited to urban-adapted species, and project development would have a less-than-significant effect on species that currently use the property. The project would not have an impact on any protected wildlife. There are no listed wildlife species known to occur or potentially occur on the site based on the lack of suitable habitat. While disturbance of raptor nests is always a possibility when mature trees are being removed, the potential would be low on this site due to the lack of suitable support habitat and human activity associated with surrounding development. Policy O.P.33 of the Open Space Element of the Los Gatos General Plan emphasizes preservation of public and private landscaping along Town streets. The Los Gatos Tree Protection Ordinance states that the preferred tree replacement is two or more trees of a species and size designated by the Director of the Parks and Public Works Department. Tree replacement requirements are based on canopy size, which is defined in Table 3-1 of the Ordinance, Tree Canopy - Replacement Standard. Tree canopy replacement requirements range from two to six 24-inch box size trees or two 36-inch and/or 48-inch box size trees, depending on the canopy size of the tree to be removed. Arbor Resources (AR) completed an arboricultural survey for the proposed project in February 2008, and a copy of this report is on file with the Los Gatos Community Development Department. The Arbor Resources' survey identified a total of 14 trees, which included nine California peppers (#I through 9), two holly oaks (#10 and 11), one California black walnut (#12), one pittosporum (#13), and one coast redwood (#14; see Attachment 1 for map of surveyed trees). Of the 14 trees, only two (#12 and 14) are located entirely on the project site, The other 12 trees are situated entirely or partially on adjacent properties and their canopies overhang the project site. Although there are more trees scattered throughout the subject site, they were not included in the tree inventory because they are relatively small, fruit- or nut-bearing with trunk diameters less than 18 inches (and therefore exempt per Section 29.10.0970 of the Town Code). Project development would require removal of two trees (#12 and 14) to accommodate the proposed project. Because of their poor condition, AR recommends the removal of both regardless of the proposed project. Tree #12 is relatively large, 26-inch diameter black walnut that has an extensive decay column throughout its central leader; consequently, the failure of this leader appears imminent in the near future, a situation that would render the tree a loss. Tree #14 is nearly dead, and its continued decline and demise appears imminent. Project development would also severely affect Tree #9, a 17-inch diameter pepper tree, and its longevity would be jeopardized. Trees #6, 7, 8 and 10 would also be adversely affected. The Town will require implementation of the following mitigation measure to reduce potential impacts on these trees to a less-than-significant level: MITIGATION 1: Recommendations made by Arbor Resources (February 19, 2008) shall be implemented to eliminate or minimize the construction-related impacts on the trees to be retained. Recommendations are listed under Section 5.0, Recommendations, of the arborist's report. These include recommendations under the Design Guidelines- section addressing tree location mapping, protective fencing, building setbacks, trenching, drainage facilities, and installation of new trees. The report also provides recommendations for Protection Measures before and during construction, encompassing fencing, demolition, removal of hardscape, work within tree canopies, etc. The report's recommendations are included as Attachment 1 of the Initial Study. JUNE, 2008 5 MrrIGATED NFGATIVE DECLARATION - 14830 Los GATos BOULEVARD AND 14881 NATIONAL AVENUE MITIGATION MONITORING: The Planning Division of the Community Development Department will be responsible for ensuring that all recommendations made by the arborist are reflected in final project plans. The Parks Division of the Parks and Public Works Department will be responsible for ensuring that all tree protection measures are properly implemented during construction. While this measure will require provision of adequate setbacks to protect trees to be retained, the proposed project will need to achieve a minimum setback from the trunks of Trees #6, 7, 8, 9 and 10 that is at least five times their trunk diameters for all grading (cut or fill), overcut, trenching and soil scraping (e.g, five feet for a tree with a 12-inch diameter). It should be noted that depending on the surveyed locations of these trees, the project design may need to be slightly revised to achieve these setbacks. 5. Cultural Resources: The project site is already developed and surface soils were disturbed during construction of existing development on the subject property. Although the site is not located adjacent to Los Gatos Creek, the potential for encountering cultural resources cannot be completely eliminated due to the site's proximity to the creek and relatively level topography. In addition, the project would involve excavation for construction of the office building's underground parking garage. Therefore, the following mitigation measures will be required: MITIGATION 2: 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 3: If'human remains are discovered, the Santa Clara County Coroner shall be notified. The Coroner shall determine whether or not the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans. ` MITIGATION 4: If the Community Development Director finds that the archaeological find is not a significant resource, work shall 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 shall follow the protocol set forth in CEQA Guidelines Section 15064.5(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 5: 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. MITIGATION MONITORING: The Planning and Building Divisions of the Community Development Department will be responsible for ensuring that these measures are implemented appropriately during construction as the need arises. 6. Geology and Soils: A review of the Town's hazards maps indicates that the project site has a moderate shrink-swell potential, very low potential for liquefaction, low potential for fault rupture, and moderate potential for seismic shaking. Due to the site's relatively level topography, no slope stability or debris flow hazards were identified for the site. The. Town's Fault Map indicates that the site is not located near any mapped faults. JUNE, 2008 MITIGATED NEGATIVE DECLARATION - 14830 LOS GATOS BOULEVARD AND 14881 NATIONAL AVENUE The Town's hazards maps also indicate no erosion hazards on the project site due to its level topography. l Approximate grading quantities for the project are proposed to be 10,950 cubic yards of cut and 75 cubic yards of fill, which would result in a net export of 10,875 cubic yards of material. Although there are no erosion hazards, the Town will require preparation 'and implementation of interim and final erosion control plans due to the amount of grading proposed. With implementation of these plans, potential erosion hazards would-be less than significant. At a minimum, the proposed office building would be expected to be subject to strong groundshaking during their design life, particularly given their proximity to an identified fault. However, it should be noted that most of the Bay Area as well as surrounding development are subject to groundshaking hazards. As a standard condition of Architecture and Site approval, the Town will require preparation'of a soil engineering report; this report will address any soil engineering constraints and specify criteria and standards in accordance with the Uniform Building Code (UBC) for site grading, drainage, pavement design, retaining wall design, erosion control, and foundation design. UBC standards account for a development's vulnerability to seismic hazards based on its proximity to active faults and Los Gatos utilizes a different section of the UBC seismic table due its proximity to Class B faults. Therefore, compliance with applicable UBC requirements would be adequate to address regional seismic safety concerns such as groundshaking. Assuming all recommendations of the required report are incorporated into the project design, no significant impacts from soil engineering constraints would be expected. 7. Hazards and Hazardous Materials: The project site is not included on any Hazardous Wastes and Substances Sites List. A Transaction Screen Analysis (TSA) was completed for the project site by Geocon Consultants, Inc. in 2046. A copy of this report is on file and available for review at the Los Gatos Community Development Department. The TSA indicates that the project site has been developed with single-family residences since the 1950s. Prior to construction of the residences, the property- was in agricultural (orchard) use based on historical aerial photos. Prior use of the property for agriculture could be a potential environmental concern due to the possible use of agricultural chemicals such as fertilizers and pesticides during orchard operations. However, recent Phase I Environmental Site Assessments prepared for other projects in the Town where the sites were formerly in agricultural use indicate that these chemicals biodegrade over time. Since these chemicals have not been used on the site since before it was developed with residences, the potential presence of these chemicals on the site would not appear to be a significant environmental concern. No hazardous materials or stains on the concrete foundation were observed by Geocon during the site survey. Based on the records search performed as- part of the TSA, one facility was likely located immediately adjacent to the site's northern boundary and it involved soil contamination associated with a leaking underground storage tank. The case was closed in the 1996. The TS'A also identified six other properties within one-fourth mile of-the site that involve the use or release of hazardous materials. Given the closure status of the identified adjacent facility and the distance between other identified properties and the project site, Geocon concluded that further investigation was not warranted. Since the TSA indicates that the potential for encountering hazardous materials would be low; no significant public health risks would be posed by proposed redevelopment of the project site. The existing structures on the site are proposed for demolition as part of the project. If these buildings contain asbestos or lead-containing paint, demolition could result in airborne release of hazardous building materials, such as asbestos fibers or lead dust. There are no schools located within one-fourth mile of the project site. Proposed demolition will be required to comply with state and federal regulations for inspection and removal of hazardous building materials, including asbestos-containing materials and lead-containing substances. If found to be present in building materials to be removed, asbestos and/or lead abatement practices such as containment and removal will be required prior to demolition. In JUNE, 2008 7 MITIGATED NEGATIVE DECLARATION - 14830 Los GATOS BOULEVARD AND 14881 NATIONAL AVENUE addition, the project applicant will be required to obtain clearance for asbestos removal from the Bay Area Air Quality Management District prior to issuance of a demolition permit. Therefore, with ~ implementation of existing regulations, the potential for public health hazards associated with the release of airborne asbestos fibers at the project site will be reduced to less than significant. In addition to implementing asbestos abatement requirements, the project applicant will be required to implement the following measure to mitigate other public health risks associated with lead-based paints to _a less-than- significant level: MITIGATION 6: A state certified lead-based paint professional shall be retained to perform a lead-based paint survey of the existing structures and the recommendations of the professional shall be followed for abatement of any identified lead-based paint prior to demolition of the structures. MITIGATION MONITORING: The Building Division of the Community Development Department will be responsible for ensuring that these measures are implemented appropriately prior to and during construction. 8. Hydrology and Water Quality: The project site is located within the Ross Creek watershed and runoff from the site ultimately discharges into Ross Creek (east of the site) and eventually into the Bay. Historically, flows in Ross Creek percolated into the valley floor and were not connected via surface flow to the Guadalupe River. Portions of Ross Creek were realigned in the 1960s and currently it is connected to the Guadalupe River via man-made channels. Storm Drainage. Presently, the 0.85-acre project site is partially covered by impervious surfaces associated with two single-family residences, garage, shed, and driveways. The project site is generally level with storm runoff draining from the property towards the northeast. Storm water runoff from the project site's impervious surfaces drains to National Avenue, which extends along the eastern project boundary. Approximately 25 percent (or 9,380 s.f.) of the 0.85-acre project site is presently covered with the impervious surfaces of the site's existing buildings and driveways. Project plans indicate that proposed impervious surfaces would cover approximately 75 percent (28,037 s.f.) of the site. This would result in substantial net increase in impervious surfaces on the project site. The Preliminary Grading and Drainage Plan for the project indicates that the runoff flows from proposed building and parking facility would be collected and routed into proposed stormwater filtration facilities sized in accordance with the SCVURPPP C.3 Stormwater handbook. Runoff from the northern portion of the site would flow to a filtration device located near the corner of Samaritan Drive and National Avenue. Runoff from the southern portion of the site would flow to a filtration device located immediately south of the proposed project driveway. Stormwater detention facilities are proposed downstream of these filtration devices. Detention facilities would be sized such that the post-development 10-year runoff rates would be equal to pre-development rates. Therefore, the proposed project would not significantly affect the existing downstream storm drainage system capacities. Flood Hazards. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for the project area, the project site is not within the 100-year floodplain. The Town of Los Gatos Safety Element Flood Plain map also shows that the project site does not lie within a flood zone. Therefore, no significant flood hazard impacts would be expected. Water QualAy. Stringent water quality regulations of the Clean Water Act have recently been triggered because the NPDES (National Pollution Discharge Elimination System) permit program has failed to protect beneficial uses of Santa Clara County's creeks and the South San Francisco Bay, as evidenced by such observations as violations of ambient water quality criteria, high concentrations of toxic substances, l iuNE, 2ao8 MITIGATED NEGATIVE DECLARATION 14830 Los GATOs BOULEVARD AND 14881 NATIONAL AVENUE and fish consumption health advisories. These new regulations require that all discharges shall comply with Provision C.3, New and Redevelopment Performance Standards of Order No. 01-024 of the NPDES permit program. Since the project site is located within the Ross Creek watershed, runoff from the site would discharge indirectly into Ross Creek, flow into the Guadalupe River, and eventually into the Bay. The Guadalupe River is on the Clean Water Act Section 303(d) List of Water Quality Limited Segments due to the presence of diazinon, a pesticide, and mercury. Best Management Practices (BMPs) outlined by the,Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) for treatment control of pesticides are bioretention, infiltration, and media filter with adsorption/absorption as the removal process. After project completion, surface runoff from the site would be expected to carry typical urban pollutants generated by parking facilities, building surfaces, and landscape areas. As a condition of project approval, the Town will require: (1) preparation and submittal of interim and final erosion control plans to the Engineeri ng Division of the Parks and Public Works Department; and (2) implementation of non-point source pollution prevention measures to reduce pollutant levels in the water that will eventually discharge to Ross Creek. Since the project would create or replace more than 10,000 s.f. of impervious surface area, the Town has determined that the proposed project is subject to the provisions of C.3. The project proposes to direct surface runoff into stormwater treatment facilities on the site. Runoff flows would be treated prior to entering the project's stormwater detention facilities. These requirements are consistent with current non-point source requirements and erosion control portions of the NPDES permit program. 9. Land Use and Planning: The Los Gatos Boulevard parcels are designated in the Los Gatos General Plan and Zoning Ordinance for commercial uses and the project would amend the general plan and zoning designations to restrict the use to professional office. The Los Gatos General Plan designates the western portion of the project site (Los Gatos Boulevard parcels) as Mixed Use Commercial and this designation allows for a mixture of retail, office, and residential uses. The eastern portion of the site. (National Avenue parcel) is designated for Office Professional uses. Since the project is a professional office use, the project applicant proposes to amend the General Plan designation on the Los Gatos Boulevard parcels to Office Professional so the entire 0.85-acre site would be designated Office Professional. The proposed medical office use would be consistent with this General Plan land use designation. The Office Professional designation provides for professional and general business offices. Both land use designations have a 35-foot height limit and land coverage limit of 50 percent. Similarly, the western portion of the project site (Los Gatos Boulevard parcels) is zoned C-1, Neighborhood Commercial, while the eastern portion of the site (National Avenue parcel) is. zoned O, Dffice. The Zoning Ordinance allows office uses in both zones, but professional offices (medical and dental) are permitted only in the Office zone. Therefore, the project applicant proposes to rezone the Los Gatos Boulevard parcels so the entire 0.85-acre site would be zoned 0, Office. Good Samaritan Hospital and associated surgery facilities are located across Samaritan Drive, approximately 0.10 to 0.25 mile to the east of the site, and the project area is characterized by a mix of residential uses, health care facilities, and professional offices. The areas to the west and south- of the Los Gatos Boulevard parcels (along Los Gatos Boulevard) are designated "Mixed Use Commercial," while areas to the south of the National Avenue parcel are designated "Office Professional." Areas to the east and southeast, along the east side of National Avenue are within the San Jose city limits, and this area is developed with professional offices. JUNE, 2008 9 MITIGATED NEGATIVE DECLARATION - 14830 LDS GATOS BOULEVARD AND 14881 NATIONAL AVENUE The proposed project would replace two single-family homes with a medical/dental office building. C\ Since this site is located adjacent to and across the street from other professional offices and across the street from hospital-related facilities, no land use compatibility problems would be expected. 10. Mineral Resources: The Los Gatos General Plan does not identify any regionally or locally- important mineral resources on the project site or in its vicinity. 11. Noise: Project construction would result in temporary short-term noise increases due to the operation of heavy equipment. Construction noise sources range from about 76 to 85 dBA at 50 feet for most types of construction equipment with slightly higher levels of about 88 to 91 dBA at 50 feet for certain types of earthmoving and impact equipment. If noise controls are installed on construction equipment, the noise levels could be, reduced by 1 to 16 dBA, depending on the type of equipment. The potential for construction-related noise increases to adversely affect adjacent office or residential receptors would depend on the location and proximity of construction activities to these receptors. The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends and holidays. This ordinance also limits noise generation to 85 dBA at the property.line or 85 dBA at 25 feet. Adjacent uses include one single-family residence located approximately 30 feet west of the southwestern project boundary, a medical office building on National Avenue located about 20 feet to the south, a medical office building on Los Gatos Boulevard located approximately 40 feet to the south. At 20 feet, the ordinance noise limit would result in maximum noise levels of 87 dBA at the medical office building to the south. Temporary disturbance (e.g., speech interference) can occur if the noise level in the interior of the office buildings exceed 60 dBA. To maintain such interior noise levels, exterior noise levels at these offices should not exceed 80 dBA and this exterior noise level is used as a significance threshold or criterion. It appears that, construction noise levels would periodically exceed 80 dBA or less at the office building on National Avenue when construction occurs adjacent to the southern project boundary. However, construction on the southern portion of-tile siit-e-wouk-belimited construction of the underground parking garage, grade-level parking facility over the garage, and access driveways. Building-related construction would occur on the northern portion of the site away from this office building. Therefore, given the limited extent of construction along the southern project boundary, enforcement of time restrictions and noise level standards contained in the Town Noise Ordinance would help maintain. construction noise levels at acceptable levels most of the time, minimizing the potential for speech interference effects when heavy equipment is operated on the project site near the adjacent office building. The northern facade of the proposed office building shall be enclosed as early in the construction process as possible to minimize impacts on the existing residence to the north. Proposed fencing along the northern property boundary shall be constructed prior to construction of the proposed building to minimize construction-related noise impacts. With respect to long-term noise associated with operation of the proposed medical office building, no significant noise compatibility problems would be expected. The proposed medical office use would be consistent with the medical offices located to the south of the site. The building's mechanical equipment (heating and air conditioning units) would located in rooftop equipment wells, eliminating the potential for noise compatibility problems associated with this equipment. Since no development is proposed in the southern corner of the site, which is contiguous to the residential property to the southwest, no significant noise compatibility problems would be expected. A six-foot high masonry wall is also proposed along the portion of the project boundary abutting the residential property. In addition, there are parking lots across the street to north and east, and single-family residences to the west are located 200 feet or more from the site (separated by Los Gatos Boulevard), minimizing the potential for noise compatibility problems. With respect to the project's compatibility with the ambient noise environment. The Town's Noise &I "I Element does not specify outdoor noise limit goals for office uses, but indicates a maximum noise level of JUNE, 2008 10 MITIGATED NEGATIVE DECLARATION- 14830 LOS GATOS BOULEVARD AND 14881 NATIONAL AVENUE 70 dBA (Leq [241) for commercial uses. Based on estimated traffic noise levels of 65 dBA (Ldn) or less at project boundaries, the proposed office use would be consistent with this noise goal. It should be noted that Ldn includes a 10-dBA penalty at night while Leq (24) does not include this penalty. Therefore, the Leq noise level would actually be lower than the estimated 65 dBA (Ldn). 12. Population and Housing: The proposed project would not result in an increase in local population. The proposed project would replace two single-family residences with a medical office building. Removal of two housing units would not be considered a significant reduction in the existing housing supply in Los Gatos and would not displace a substantial number of people. In addition, the project site is zoned for commercial and office-uses and residential use is not a permitted use (i.e., certain types of residential use would require a conditional use permit). The project would not be considered growth-inducing, since the project would involve redevelopment of an existing developed parcel and the project would not extend roads or infrastructure to any adjacent properties. 13. Public Services: Services are already provided to the project site as well as to adjacent office and residential uses. No significant increase in demand on public services are expected to be required for the proposed building since services are currently provided to the existing residences on the site. The Santa Clara County Fire Department has reviewed, proposed project plans for site access and water supply, and the project will be required to meet Department requirements for minimum fire flow, automatic fire sprinklers, hose valves/standpipe requirements, hydrant spacing/location, timing of required water supply installations, building access requirements, etc. The project will be required to install an automatic fire sprinkler system in the proposed building and provide hose valves/standpipes where emergency access is deemed minimal (specifically, within the parking garage, stairwells, and courtyard); meet maximum public fire hydrant spacing requirements, and be equipped with a permanently installed fire department emergency access key lock box, The proposed plan will be subject to formal plan review by the Santa Clara County Fire Department to determine compliance with adopted model codes. 14. Recreation: The proposed project would not add new population to the area, and therefore would not increase the demand for recreational services. 15. Transportation and Traffic: A detailed traffic impact study was completed by TJKM Transportation Consultants MKM) in March 2008 and this report is available for review at the Town Community Development Department. Trip Generation. The Town's Traffic Impact Policy (Resolution 1991-174) requires preparation of a detailed traffic study for any project with the potential to generate 20 or more additional AM or PM peak hour trips. The proposed medical office building would add 730 daily trips with 50 AM peak hour trips and 75 PM peak hour trips, the site currently generates traffic from the two existing residences. When project volumes are adjusted for existing on-site traffic, the proposed project would generate 711 net new average daily trips with 49 net new AM peak hour trips and 73 net new PM peak hour trips. Project-related Traffic Impacts. T3KM evaluated the project's impact at five intersections in the project vicinity: Samaritan Drive/National Avenue (one-way stop) as well as Los Gatos Boulevard intersections with Lark Avenue, Los Gatos Boulevard/Bascom Avenue/Burton Road/Samaritan Drive, SR 85 southbound ramps, and SR 85 northbound ramps (ail signalized). Under Existing Conditions, these intersections operate acceptably (LOS D or better) during the AM and PM peak hours except for the Samaritan Drive/National Avenue intersection, which operates at LOS E during the AM peak hour. T1KM recommends that the northbound approach of Samaritan Drive be widened to provide an additional left-turn lane, improving existing service level operation to LOS D during the AM peak hour. JUNE, 2008 11 MITIGATED NEGATIVE DECLARATION- 14830 LOS GATos BOULEVARD AND 14881 NATIONAL AVENUE With approved projects in the project area (Existing Plus Background Conditions), increased average delay at this intersection will be negligible (less than one second of average delay per vehicle), and these intersections are expected to continue to operate acceptably (LOS D or better) during the AM and PM peak hours except for the Samaritan Drive/National Avenue intersection (LOS E during the AM peak hour). The same recommended addition of a left-turn lane on Samaritan Drive is expected to accommodate the added trips from the approved projects. With the proposed project (Background Plus Project Conditions), these intersections are expected to continue to operate at the same level of service as Background Conditions except for the Samaritan Drive/National Avenue intersection, which would operate at LOS F during the peak hours. This would be a significant impact and the following measure will be required to reduce this impact to a less-than- significant level: MITIGATION 7: The northbound approach to the Samaritan Drive/National Avenue intersection shall be widened to provide an additional left-turn lane on Samaritan Drive (same as for improving the existing condition), improving levels of service back to existing conditions (i.e., LOS E during the AM peak hour and LOS D during the PM peak hour). TJKM also evaluated the adequacy of the existing 100-foot Ion- westbound left-turn lane on Samaritan Drive and the proposed additional northbound left-turn lane on National Avenue (proposed to be 110 to 120 feet) at the Samaritan Drive/National Avenue intersection. Based on the HCM 2000 methodology using Traffix analysis for the 95"' percentile condition, traffic levels (with the project) would increase queue length.in the westbound left-turn lane. on Samaritan Drive by 25 feet and in the northbound left- turn on National Avenue by 110 to 120 feet. Therefore, the existing westbound left-turn lane storage length on Samaritan Drive and proposed northbound left-turn storage length on National Avenue would be adequate to accommodate project-related traffic increases at this intersection. It should be noted that this mitigation measure would not resolve existing problems with difficult left-turn access off National Avenue during the commute hours. In addition, the project's traffic increase on National Avenue on this approach would exacerbate this existing problem. Therefore, the project's contribution to this condition would be a significant impact and the following measure will be required to reduce the project's contribution to this impact to a Iess-than-significant level: MITIGATION 8: The applicant shall contribute its fair share, subject to approval by the City of San Jose, to the addition of a protected left/U-turn lane on Samaritan Drive east of National Avenue. MITIGATION MONITORING: The Community Development and Engineering Division of the Parks and Public Works Departments will be responsible for ensuring these measures are implemented prior to project completion. This measure would facilitate the northbound. traffic movement on National Avenue by allowing vehicles to turn right from National Avenue onto Samaritan Drive, and then make a U-turn on Samaritan Drive towards Los Gatos Boulevard. The City of San Jose plans to install a signal on Samaritan Drive at the hospital driveway- entrance when future development projects occur in the vicinity. The signal would enable U-turn movement and improve access from National Avenue towards Los Gatos Boulevard. TJKM assessed the project's impact on four freeway segments: SR 85 freeway from Union Avenue to S. Bascom Avenue, SR 85 freeway from S. Bascom Avenue to the SR 17 freeway, SR 17 freeway from Lark Avenue to SR 85, and SR 17 freeway from SR 85 to San Tomas Expressway. It is estimated that the project would increase traffic by less than one percent on these freeway segments during both the AM and the PM peak hours. Also, TJKM determined there is sufficient roadway capacity on National Avenue to JUNE, 2008 12 MITIGATED NEGATIVE DECLARATION - 14830 LOS GATOS BOULEVARD AND 14881 NATIONAL AVENUE accommodate the project-related traffic, given the existing volume of 5,140 vehicles per day volume on 1 this street. Safety. Based on accident reports provided by the Town for the last three years (July 1, 2004 to June 1, 2007), there were three collisions at the National Avenue/Samaritan Drive intersection. The collision rate is estimated to be 0.30 collisions per 'million vehicles at the National Avenue/Samaritan Drive intersection, 0.06 collisions per million vehicles at the Los Gatos Boulevard/Samaritan Drive intersection, and 0.88 collisions per million vehicles along National Avenue. Based on the 2003 Collision Data on California State Highways, the average statewide collision rate for a stop controlled tee-intersection and a two-lane suburban roadway segment are 0.19 and 1.86, respectively, Similarly, the average statewide collision for a four-way approach suburban signalized intersection is 0.58. When compared to the corresponding average statewide collision rate (0.19), the estimated collision rate for the intersection Samaritan Drive/National Avenue (0.30) would be higher than the statewide collision rate. The yield of left-turning traffic on Samaritan Drive is the traffic violation type involved in the majority of the collisions at this intersection. Implementation of intersection improvements identified above in Mitigation Measure #7 would reduce this potential traffic safety impact to a less-than-significant level. It should be noted that the estimated collision rates for National Avenue roadway segment (0.88) and the signalized intersection Los Gatos Boulevard/Samaritan Drive (0.06) are well below the corresponding average statewide collision rates of 1.86 and 0.58, respectively. The proposed project is expected to have little or no impact on the collision rate (or safety) at the remaining study intersections and on the study segment of National Avenue. Site Access and Parkin . The project site currently has one driveway on the. Los Gatos Boulevard frontage and two on the National Avenue frontage. The proposed project design would eliminate the driveway on Los Gatos Boulevard and one on National Avenue. One driveway access to the project's underground parking garage and grade-level parking lot would be located on National Avenue near the southeastern corner, farther away from the National Avenue/Samaritan Drive intersection than the two existing driveways on National Avenue. The project would provide a total of 85 parking spaces on-site, 68 parking spaces would be in the underground parking garage and 17 parking stalls would be provided in the grade-level parking lot. The Los Gatos Parking Code requires one parking space for every 250 s.f. of gross. floor area of medical/dental office space or six spaces per doctor, whichever is more restrictive. At this rate, the proposed building (19,868 s.f. of office space) would require 80 parking spaces and the project would meet this requirement. Based on the parking proposed, the maximum number of doctors permitted would be 14. Therefore, proposed parking facilities would be adequate. Pedestrian. Bicycle and Transit Accessibility. At present, bicycle and pedestrian access is available in the site vicinity. In the site vicinity, there are bike lanes along Los Gatos Boulevard and Samaritan Drive. There are also sidewalks along both sides of Las Gatos Boulevard, National Avenue and Samaritan Drive in the project vicinity, but no sidewalk further south along the east of Los Gatos Boulevard. Based on field observations by TJKM, Bus Lines 27 and 49 runs .along Los Gatos Boulevard and Lines 27 and 62 runs along Samaritan Drive in the vicinity of the project site. The nearest bus stops for Lines 27 and 62 are located on the east side of Samaritan Drive/National Avenue intersection. Similarly, for Lines 27 and 49 the nearest bus stops are located on the southwest side of Los Gatos Boulevard/Samaritan Drive intersection. According to TJKM, the project is not expected to significantly increase pedestrian or bicycle traffic on Samaritan Drive or National Avenue, nor would the project result in a significant increase in bus ridership. Construction Parking and Access. Project construction would result in temporary increases in truck traffic on surrounding roadways resulting from hauling excavated materials off-site. In addition to construction- JUNE, 2008 13 MITIGATED NEGATIVE DECLARATION - 14830 Los GATOS BOULEVARD AND 14881 NATIONAL AVENUE related truck traffic, there would also be minor increases in construction-related traffic associated with workers, inspections, and equipment/materials deliveries. Export of approximately 10,875 cubic yards of } material would generate approximately 1,360 to 1,800 one-way truck trips (680 to 900 truckloads based on 12 to 16 cubic yards per truck). Since the Town will prohibit haul truck operations on local roads between 7 a.m. and 9 a.m. as well as 4 p.m. and 6 p.m., trucks operations would occur 6.5 hours per.day. Assuming approximately 9 trucks could be filled per hour, a total of 18 truck trips per hour or 117 truck trips per day would be generated for approximately 12 to 15 work days or three weeks. If hourly truck volumes were lower, then duration of haul truck operations on local roadways would be longer. Increased construction-related truck traffic on Los Gatos Boulevard or Samaritan Drive would have the potential to increase delays for emergency vehicles accessing the nearby Good Samaritan Hospital. As a condition of project approval, the Town will require the preparation and implementation of a traffic control plan to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. However, to reduce any potentially significant parking and access impacts associated with the project's construction-related truck and worker traffic, the following measure will be required: MITIGATION 9: As part of the required traffic control plan, the project applicant's contractor shall address. off-street worker parking, materials staging, traffic control for materials delivery (including concrete pours), and construction site maintenance and clean-up of adjacent streets. MITIGATION 10: Access to the Good Samaritan Hospital by emergency vehicles shall be maintained unimpeded at all times during project construction. Provisions of the traffic control plan shall ensure that construction-related traffic on Los Gatos Boulevard, Samaritan Drive, and National Avenue will not cause delays in emergency response. MITIGATION MONITORING: The Community Development and Engineering Division of the Parks and Public Works Departments will be responsible for ensuring these measures are implemented as necessary prior to project completion. Cumulative Impacts. When pending projects are added (Background Plus Project Plus Pending Conditions), these intersections are expected to continue to operate at the same level of service as Background Plus Project Conditions, and the Samaritan Drive/National Avenue intersection would also operate at LOS F during both peak hours. Therefore, the project's contribution to this impact would be cumulatively considerable. Implementation of Mitigation Measure #7 above would reduce the project's contribution to this cumulative impact to a less-than-significant level. 16. Utilities and Service Systems: Utility facilities are currently provided to the project site and a Public Utility Easement (PUE) currently traverses the project site. The proposed project will be required to connect to the existing water and sewer lines located adjacent to the site's eastern boundary in National Avenue. Project development would also include construction of storm drainage facilities (see Section VIII, Hydrology and Water Quality). The PUE is also proposed to be abandoned as part of project implementation. Utility agencies indicated they have no objections to the proposed abandonment of the PUE. The Fire Department will require provision of hose valves/standpipes on-site where emergency access is deemed minimal as well as public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company, Maximum hydrant spacing shall be 250 feet with a minimum single hydrant flow of 1,500 gallons per minute at 20 psi (pounds per square inch). Installations of required fire service(s) and hydrant(s), testing, and acceptance by the Fire Department will. be required prior to the start of framing or delivery of bulk materials for the project. Other utilities (electrical, gas, telephone, cable TV facilities) will be upgraded as necessary. JUNE; 2008 14 MITIGATED NEGATIVE DECLARATION - 14830 LOS GATos BOULEVARD AND 14881 NATIONAL AVENUE Copies of the Initial Study used to make the above recommendation are on file and available for public inspection during regular business hours at the Town Community Development Department, 110 East Main Street, Los Gatos, California. ~21 qj an 0z J~s Date Bu rtz, Dir ctor of Communy elopment JUNE, 2008 15 ~,i Z_ O Q 00 a 0 Lr) N m C D LII Q T. co CO v r .O LL o c a D O c U M C: Q C ❑ C ❑ C ❑ C V V O O U U ` c L O .C Q) O Q) CL 0 CL E v E O o a Cl O a U E D o 5 E 6 p E m aUi ~ a) ~U a) QUQ OV a) Otj a) ❑ p N 0 N 0 N Q ~ C m e to c ro ° a v o > ca o m W ° ° 'o m 'D v CL c v O 'v 0- = o a 0- :3 c Cl c U O Cr O [9 O c CL m Q U m cx. C) ~ U ~ 4- O C a) i cu ~c 0 C: L6 E m Q) 0) C O D C 0 O D C -D = a1 U U E O c w- .C .Oi O C L F D o -0 :3 m e a) o O LO E E _ o E °5 fl? U 3 Q 03 Z 0 ca " = E U) ° E is N ° ~ = o CCU a? Q c 3 c c C) U o u 'm 0 ui m po c o o ° y t8 O 'o ~ v a .U of a) U c a) o U a m c> ;g c (i ~ oy c- N a---- o yL. C c0 - m m U a) O V u~ c o 0~ o M o~~ m a C o°° a) C D 0) C L co Z C O' N V C a U a C N (~6 L C (C I_ 4) N D- Er- N E -0 C -OO L 0 O T3 C Cl m o D a) N L m . a- 0 C: i U Q) E a w o x -v c ~ N U CL Co m Q g CD c`n o E~ o c M 0 (D q-- ca 0 m cc cu r- r- E (D 0 C: = -0 Co 0 U) o -0 o F= °c m CD 0 c° w a o M aci m cam) C L O Z C O N 'O E N •a to C= Q cu -0 C: 0 d} N .C O L L S9 rL ' n O O 'D ~ O M M p 0 U '(4 O 0 U O E E~ N L co N0- (4 -o N 42 IC9 Q -0 U° N E O -0 a) p o d) O N 3 O O O a C m ci 0 o 0 (6 c, .N D C C L D L- W D OC} a) - L C O C N > C N cn p .a) L6I ~ Q M 4- a N -0 C O L m~ O E v D E en o o a N E V N ° c4 o -0 L) m (D -0 0 5; < cc co (D C: L p L O C E `L. 4S a} •N 0 Q) ~ C7 "O a) 'a O U t6 - E 3Y Ica a) 0 Ec c CL rLn ao'~ o '21 ° c_ a O o pM- CD en ° ai n . E 0~3 m c -0 .o 0 :3 E Z 0 4) O C E O C 01 C Cc)) _Q5) 4) (p U N O 40- E D a- w a) U] U Z N Co a_' N U t Oi a (a U O D E S fO4 ~ y N ~ N O C .N c a p j CL - L° a) m a`) a) N u) CL 4) avi ° a') o D s n. o U) U c o v co 4 U 6 L 2 O ° L CQ a Cl cn ❑ U¢ 3- 3 d N a 0 co 00 a• co C O ca C C O im E Z Q s LU ❑ r Z co 0 EM-BIT 7 aZ IL z 0 F~ Z O 2 Z O Q 00 0 c N LO T- 0 Z m 0 L7 O M oQ d' T c c a ct c 0 Z N o0 C ,r.. 7 F ~ O 0 a` y c b C U C U ro E c 0 p S; a 'c o v=. c = c 0 0 C C U Q) (j L O L o) -o O Q O O. N OL 1LO+ p C tm •0 Z ` m C d C- 7 ~1 C C L O O U L 7 O CVJ L C O N d 7 -'O C C N M OU CL O Q O N 3 m U N N 1 Y N N Y .4 N N Y Y D ~7yo 0 Q d O C. E O O .V O .V o Q ~ O o =3 O U 6 0- U CL V rL m c ❑ o O m ❑ m m N O co m N d m N O u i 0 O O O 0> 2= O 'O 0 7 4) O -0 p> O= O ` 'd C. 6 O -0 C. "t7 Cz r- ca. 0 ca U CD U ~ U ~ U ~ N (V 0) a) > ca (D C V O 0 d ~ C X O W 0~ d L^- p 6 a d U U O 0 c d -0 C ° v-C o C • ` m (D E- m m c L N .C C D m o w u m m 01 m '7 C U C N N O 'c m m a 'c U o a) 'O y . LL E i N C 5 E Y N @ o 70 ❑ O Q 3 d C C N O aN N U O m = v CL X (n 0-0 w :3 a 1 C v N , a~ -0 i Lo F C a w C) E O N w m c c 0 o v G > -0 -o m cd 0 Uo O O O U C L'5 Q) E O Ctl O S~ N C6 m O "0 Z N Y c O O N E V N w 2-0 m-0 0 C 0.- C c U L N c C- = d 'Q- E m w d 0 o L v m O 0 p 3 N 0 o 0 N M E C } U) a~ E ' -c N c o ~ c a~ ~ ,c a) 0 U) (n E En (a CD in 0) - r_ -C U) w d E O O L- Q E Q G ~ O o w ca C v C 6 U7 O E m m N c L • C U O m L ` U Cl) Q O O C C p 0 . m 0) CD O o) E { O 'O C O N 0 d O CO 0 G m 0 I1 c . V cn V C cu 0 L. m m~ O c C. U L 4- 0 U N~ . _ ~ N U O Ul U ..6 .0 C + Q) O -0 •O a [F i L O E w + L o -0 'r1 c O d O O c C1 v N C (D B C G L f- U L~ C N O E L U "N Y r E E ~ O E a) c d O O a U 3 u U C 0 0o n o o E 2 ca N m • o U c J a) C: w c a L v Im C> N p CO N v U "O O a) C w r- 7 L p 0 G7 -c 7, v- c N O w O ~N c~ m N w ~ UQ FQ U~. F~ o o a U N am c c c O O O sti • 0 o C C C m Er o c ` b ~ c~ c C cc F- F- co ` F- 00 10( C C O Z Q LLU ❑ Z M P~ v Z 0 Z 0 z V 0 0 C F- 0 UD r 0 O z y 0 W O 0 cl) co l" Q~ 7 c m Q {G c 0 z r. 00 T 'o a o a L +L+ L rL+ ❑ C Q G V U y y O ~ O O Q) O .U L O = d U E L O O O p) w gy o~ ❑ e p r ~ U)) a > ~1• o W = ~1t o Q} i O L L :3 a m a C). cr o IO N U U C C 0 4) t t=n L S6 O p Q) U C fII Q) -0 O 9 U 0 L ~C "O- O , c o 0 U) N p (D _ - o CM O O U Q) y .y in C U) c p m c O C a p O . a) 0 -0 U) • E V 0 3 y Q) y o p y 0 O y N V J C O " OL d p Q 0 O a C y c t CU - CL Q) O 0 ~ O 4= co a . 6 i O~ E E cu N C 00 o u) U ~ ~ U O O ro 'o Q) .U) a) c y E to Cc •0 > p c O L O C c : Q) 1 O M y 'C o > y p m O 41 L Q) E C -MO m 0 Q) o O i r~ C O N E Q) E C y D = o= a) a p m (D r_ E y d " 0. n L 0 E a y.~ w cn c a ° vi 0~ o~ $ y .Q 7 O N T 00 00 v C O M p C O m E ❑ z a 5 w z CF) O M i JOHN LIEN ARCHITECT 23 May 2008 Sandy Baily, Planner Town of Los Gatos Planning Dept. 110 East Main Street Los Gatos, California 95030 Letter of justification -14830 Los Gatos Boulevard/S-07-212 et al.. Dear Sandy: I' MAY 2 3 2008 TOWN OF LOS GATO`' ,:0_)U_D1NG r)1V1q111` This letter describes the evolution of this application, our response to the Goals and Policies of the General Plan, the Los Gatos Boulevard Plan, the Commercial Design Guidelines, and issues raised by the CDAC affecting the review and approval of this application. My clients first approached me two years ago after purchasing the land with a vision of bringing an iconic gateway building to their hometown of Los Gatos. This building will be the future home of Dr. Walker's medical practice, Los Gatos Oral and Facial Surgery, and eight other medical/ dental practices. His current office in Los Gatos is in need of relocating and Dr. Walker does not want to relocate to San Jose. In light of limited medical / dental office space in Los Gatos and rising rents, keeping Los Gatos healtr . care providers in the town they serve benefits our community. Imagine driving your child to San Jose for their oral surgery, dentistry and orthodontics. A small town experience includes locally available high quality healthcare. The Walkers take great personal pride in their hometown. They grew up in Los Gatos, first met at Los Gatos High School and married 18 years ago at Saint Mary's Church. Both of their immediate families live and work in Los Gatos. Today they have three children attending Dave's Avenue Elementary School. They are particularly proud of the fact that their daughter attends kindergarten taught by Dr. Walker's teacher from thirty-six years ago. Dr. and Mrs. Walker are not developers. They have a personal interest in the affect of this building on the Town. They understand that a plain box building or commercial retail strip center would be inappropriate at such a significant entrance to Los Gatos. This building is designed to clearly identify the entrance to a place that is not San Jose. It will be iconic and therefore a compelling landmark announcing this location as a gateway entrance. The Walker's personal attachment to our town inspired me to develop a concept sympathetic to the Town's development goals, sensitive to the views of the hills, but grand in design and statement. Dr. Walker's first directive was that he did not want to enter the town looking at a parking lot, but also wanted ample parking for his surgical practice. Of the 84 car spaces provided only 16 are at street level and they are hidden behind the building; the remainder are in the below-grade parking garage. To avoid the visual impact of an underground parking garage entrance, all vehicle access will be from National Avenue. This access is consistent with the existing medical office uses 196 College Avenue $ Los Gatos, Califorinia 95030 r (408) 395-3525 $ MIBTT 8 14830 Los Gatos Boulevard/ p. 2 23 May 2008 along National. The traffic study supports this access and this project will include improvements to National Avenue to mitigate any increase in traffic. Dr. Walker is also proposing to underground the existing overhead utility lines on National and to place the electrical transformer on Samaritan in an underground vault. He will offer the town $25,000- dollars in the form of a community benefit. If the actual cost of these improvements exceeds the cash contribution he will bear the additional cost; if they are less then the difference will go to the Town. Rezoning this property to office will result in an increased setback and increased landscaping along Samaritan Drive - 20' vs. the 15' setback required in the CH zone. Furthermore, office zoning provides increased setbacks and result in more perimeter landscape on the three other property edges than would a CH zoned building. A commercial use typically prefers parking at the front of the building/ Los Gatos Boulevard, resulting in increased congestion at the intersection and difficult traffic flow patterns. The traffic demands generated by a medical./ dental use are far less than a commercial use and this application proposes all vehicle access from National Avenue and away from the busy Samaritan/ Los Gatos Boulevard intersection. It is the Walkers intention to bring distinction and value to this project and in that interest we have assembled a team of experienced and respected professionals. Our team includes landscape architect Chris Kankel of Kikuchi & Associates of Half Moon Bay and Los Gatos, and Barney Davidge Associates, architectural illustrators of Los Gatos. Chris Kankel from the acclaimed firm of 'Kikuchi and Associates believes a strong landscape design is paramount to a successful building design. Chris' extensive landscape experience is evident in his plan, which includes the planting of 28 trees of significant size, three trellis's; two fountains and nine raised planters. The Los Gatos Boulevard frontage has been designed in accordance with the Los Gatos Boulevard Plan and includes two points of access establishing a pedestrian friendly appearance to the property. Raised planters of 18" and 30" complimented by park benches buffer the building from Los Gatos Boulevard. The sound of cascading water from courtyard fountains invites visitors into the building through one of two landscaped covered entrances. Two full size palms will anchor the building on Los Gatos Boulevard. These palms are not unlike those found at the high school, Lyndon Plaza, the Toll House, Coggeshall Mansion and other historic town buildings. As supported by the Town's architect Larry .Cannon, no other trees identify landmark buildings as effectively as these full-size specimens. Additional landscape suggestions proposed by Larry Cannon have been incorporated into the revised plans. Cannon also suggested reducing the height of the tower element on the Samaritan frontage from 3 to 2-stories and simplifying and better incorporating the third floor into the roof. These changes have also been made to the plans. We have provided several renderings prepared by Barney Davidge demonstrating the extensive building articulation, decorative building elements, the view access to the 14830 Los Gatos Boulevard/ p. 3 23 May 2008 background mountains as well as street level views of the building from Los Gatos Boulevard, Samaritan Drive and National Avenue. It is important to point out that these illustrations are accurate computer generated representations compiled from the measured architectural plans and actual site photographs. You will also note in the view from the Highway 85 exit the diagrammatic representation of a proposed 4-story medical office building to be built directly across Samaritan Drive in San Jose. It is our opinion that when juxtaposed against the visual bulk of this new building the importance of establishing a significant gateway building at this intersection becomes ever more compelling. CDAC Comments and Response: 1. The subject corner is a significant intersection and gateway to Los Gatos. , Our proposal will provide a significant and carefully considered gateway building. 2. A building at this site must set the tone of what will happen along Los Gatos Boulevard. The height, mass and scale must be sympathetic to the Town's development goals along Los Gatos Boulevard and must be sensitive to the view of the hills. • In simple terms this will set the bar very high, it will be a tough act to follow. From the outset our intention has been to propose an iconic building that will clearly announce one's arrival into Los Gatos. • As indicated in the project illustrations by Barney Davidge the ridgeline of the hills will not be blocked from view of those entering town on Los Gatos Boulevard. 3. The proposed mass, scale and setbacks are concerns. • The proposed building is extensively articulated to break down the overall farm into smaller pieces. The overall scale is consistent with the location on a major arterial street and the desire to provide a significant structure at a significant town entrance. * All setback requirements are met and at each frontage the articulation - balcony and porch recesses, stepped footprint and 1, 2 and 3-story elements result in building frontages which do not occur continuously along any setback line. 4. When merged, the lot will have a double frontage and must meet double frontage setback requirements. • The zoning ordinance requires that "through lots", those with frontage on two streets, provide front yard setbacks on both frontages, the reasoning being that consistent front yard setbacks should not be interrupted by an occassional rear yard setback. Our plans show a 20' rear setback on National Avenue as prescribed by the zone. The site plan shows that only about 357o of the building footprint occurs on this setback and all of that is at the comer of National and Samaritan and 113' from the property line between this project and the neighboring medical building on National Avenue. No front yard interruption will occur. 5. Supportive of this type of use at this corner. The height and three-story elevation is a concern. • The 3' story tower element has been removed and the 3' floor office elevation simplified. 6. There are no three-story buildings in the neighborhood. 14830 Los Gatos Boulevard/ p. 4 23 May 2008 • A 4-story garage exists across Samaritan Drive and an additional 4-story garage and 4-story medical building (70' high) are proposed directly across Samaritan Drive. This is the interface between Los Gatos and the 101 largest city in America. 7. Lot coverage is too excessive. • Erroneous: per zoning ordinance section 29.60.110 the allowable coverage in the office zone is 40%. This application proposes coverage = 247o. 8. Traffic may be a concern. • The traffic report addresses these issues and with the required street improvements the intersection level-of-service will not change. 9. The character of the building is not small town. • The proposed structure is old town in character and uniquely different than the surrounding buildings, while at the same time reflects the character of many downtown historic buildings. 10. Provide additional landscaping: • When the CDAC reviewed our proposed development there were no landscape plans. With this application we have submitted landscape plans. The following provisions of the General Plan and Los Gatos Boulevard Plan support approval of this application: General Plan: 2.0 Land Use Element: 2.3: The Land Use Element reflects the Town`s high priority for quality design. 2.4.2.a: Office Professional: The intent of this designation is to satisfy the community's need for general business and professional services and local employment. LG.5.2: To maintain a balanced, economically stable community within environmental goals. LP.5.6. Encourage development that maintains and expands resident-oriented services and/or creates employment opportunities for local residents 10.0 Community Design Element: CD.G.1.1: To preserve and enhance the Town's character through exceptional community design. CD.P.1.4: Promote and protect viewsheds. CD.P.1.13: Encourage the undergrounding of utilities on new construction CD.P.1.16: Roof mounted mechanical equipment shall be screened and such screening shall be considered as part of the structure for height limitations. CD.P.1.22Minimize the number of driveway openings, or curb cuts, in new development. CD.P.1.23: Review properties next to community entry points when they are developed or redeveloped to reflect the gateway concept. CD.P.1.27: Encourage the use of landscaping (such as trees, large shrubs, trellised vines) to mitigate the effects of building mass, lower noise and reduce heat generation. 14830 Los Gatos Boulevard/p. 5 23 May 2008 Los Gatos Boulevard Plan: P. 6: Gateways: Major entrances to the boulevard will have special landscaping, architecture, that announce Los Gatos as a distinct area. Buildings: Architecture will provide distinctive, pedestrian friendly buildings which protect existing vistas and open spaces. All buildings must incorporate materials, colors and styles that reflect the history and character of Los Gatos. P. 12/ Goals: The Goals for Gateways are: 1. To establish gateways as architectural or landscape elements which welcome people to Los Gatos and Los Gatos Boulevard as a destination. 2. To convey positive attributes and values of the Town to visitors and residents through gateway design. 3. To ensure that gateway features shall include a landmark, spark civic pride, and add a heightened sense of identity to the Town. Policies: 1. Gateway features shall be highly visible to motorists and pedestrians. 2. Gateways shall be encouraged along Los Gatos Boulevard 3. Gateway designs shall be clearly identifiable and create a precedent for development and design on Los Gatos Boulevard. Commercial Design- Guidelines: This proposal addresses the following guidelines: 5.A.2.1: Los Gatos Boulevard setbacks should be substantially landscaped. 5.A.2.2: Automobile entries to projects and individual buildings shall be given special treatment with paving and landscaping. 5.A.2.3: All projects shall have a clear and direct walkway between fronting streets and one or more of the primary building entries. 5.A.2.4: Parking lots should be located behind or to the side of buildings facing Los Gatos Boulevard whenever possible. 5.A.2.5: Parking lots shall be heavily landscaped. 5.A.2.6: Parking lots located on corner parcels at signalized intersections should incorporate major design features on the intersection corner. 5.A.3.2: Design buildings to relate to the unique qualities of Los Gatos. 5.A.3.3: Provide well defined project and building entries. 5.A.3.4: Relate architectural focal point elements to pedestrian scale rather than automobile scale. 5.A.3.5: Design all projects with a strong commitment to human scale. After working with Town staff for over 10 months, I have fulfilled the Walker's vision of an iconic building at this important entrance to Los Gatos. It will retain high quality 14830 Los Gatos Boulevard/ P. 6 23 May 2008 health care providers within our town and provide services to our citizens. Our application has the support of the Town architect and complies with all town ordinances. Dr. Walker desires to build a sophisticated and memorable structure and has spared no costs in the pursuit of that goal. We believe the. Town's residents will recognize this as a distinguished building at an important location. We look forward to your favorable review. Sincerely, ARCHITECTURE PLANNING URBAN DESIGN Map 12, 2008 Ms. Sandy Baily RECEIVE[) Community Development Department Town of Los Gatos MAY 14 2000 LU D 110 E. Main Street P.O. Box 949 Los Gatos, CA 95031 TOWN OF LOS GATE RE: 14830 Los Gatos Blvd. Deat Sandy I reviewed the design drawings, visited the site, prepared a preliminary review letter in March, and recently met with staff, the applicant, and the applicant's architects. My comments and recommendations are as follows: Neighborhood Context The site is bounded by Los Gatos Blvd., Samaritan Drive, and National Avenue. It occupies a prominent position at the north entry to the Town of Los Gatos. Surrounding uses are-miYed, but with a strong presence of medical office bt@dings. Two small homes- converted to medical office uses are located adjacent to the site on Los Gatos Blvd., and a larger, new residential. project is undet constructif)n to the south, adjacent to these small offices. Photos of the site and surroundings are shown below: TEL: 415.331.3795 FAX: 415.331.3797 EMAIL: cdgplan@pache€€.net 180 HAR90R DRIVE SUITE 219 SAUSALITO. CA 94965 EXWBIT E 14830 Los Gatos Blvd: r Design Review Comments Aky 12,2008 Page 2 c Los Gatos. Blvd. elevation of new residential project south of the project site CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965 Existing structure on the site Adjacent building on National Avenue Offices across National Avenue 14830 1,os Gatos Blvd. Design Review Comments Flay 12, 2008 Page 3 Review Overview The proposed design is of a high quality, and consistent with the architectural style selected. While different in appear- ance from much of the other office and mixed use development nearby, it does seem to me to be an acceptable building for marking this important entry to the Town, My initial review in March identified the major issue as the "tower ' on the north elevation which was tied back to the offices on the third floor, and increased the visual mass of the structure. As part of that review, I recommended a simplification of the third floor to better integrate it into the roof form, and a lowering of the multi-tenant wall signage at the northwest corner of the building. I also noted that I understood that there had been some concern over the amount of setbacks from the adjacent streets. That is a judgement call, but I don't see it as a major problem if the changes suggested below are followed. A similar building on West Main Street (photo to the bottom of this page) is substantially closer to the street, and does not seem overwhelming in scale. A summary of these comments is shown on the diagram below. Eliminate projecting gable shape if the "tower element is eliminated Eliminate Third Floor Eliminate.tenant signage in this area In-these locations Use. larger roof overhangs with exposed rafter tails Similar project on West Main Street with smaller setback from the street CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO . CA 94965 M30 Los Gatos Blvd. Design Review Comments May 12, 2008 Page 4 Recommendations Following the review, the architect revised the design as shown in the elevation diagrams below. The only significant recommendation not followed related to the depth and design of the roof overhangs, but we discussed that issue, and I believe that the design as proposed is acceptable. I believe that the design revisions have adequately addressed the main concerns, and I have no further recommendations SOUTH ELEVATION e, CANNON DESIGN CROUP 180 HARBOR DRIVE. SUITE 219 - SAUSALITO. CA 94965 NORTH ELEVATION Lowered Tower WEST ELEVATION FAST ELEVATION 14830 Las Gatos BM. Design Review Comments May 12, 2008 Page 5 Sandy, please let me know if you have any questions, or if there are specific issues of concern that I diet not address. Sincerely, CANNON DESIGN GROUP Larry Cannon AICP President CANNON IDES1CN CROUP 180 HARBOR DRIVE. SUITE 219.5AUSALITO . CA 94965 r Cj ARBOR RESOURCES 40L profe55ionai con5ultinq arbori5t5 and tree care June 2, 2008 Sandy L. Baily, AICP RECEIVED Community Development Department JUN e Q 2008 Town of Los Gatos 110 East Main Street TOW( OF LOS GATOS Los Gatos, CA 95031 "~11'!1~1- F71V1510Pd RE: REVIEW OF PLANS - 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Dear Ms. Baily: As requested, I have reviewed.the revised/updated plans for the above-referenced project (plans are stamp dated 5122108). This letter presents my comments and recommendations, and is intended to be used in conjunction with recommendations presented in my report dated 2/19/08. Trees #12 and 14 are scheduled for removal to accommodate developing the proposed project. All other trees, which are situated entirely or partially on neighboring properties, are planned for retention. Implementation of the proposed design elements, however, will result in excavation at or very near the southern property line, and subject trees #1 thru 10 to significant impacts. Impacts that would result in this occurring include grading; excavation and overcut for the driveway; drilling for any shoring to minimize overcut; trenching for drainage features, irrigation and lighting; and digging for the proposed planting design. Note that the setback identified in my report (page 3, Section 4.0) and on Sheet 4 (Site Plan) applies not only to the location of the proposed driveway, but also the overcut to build the driveway, shoring and trenching. p.o. box 25295, San mateo, california 94402 ~ email: arborresource5@comca5t.net phone: 650.654.3351 ■ fax: 650.240.0777 hcen5eci contractor #7967E3 EXHIBIT 10 ARBOR RESOURCES professional consulting arbori5t5 and tree care June 2, 2008 14881 National Ave, & 14830 Los Gatos Blvd. page 2 of 4 Sheet 4 shows trees being retained, though I am unsure whether their locations are accurately represented or have been surveyed when comparing the locations to my notes and map, which show the trees to be farther northwest; note that my observations of their locations are in relation to the existing wood fence located about 18 to 24 inches northwest of the property line (per the Supplemental Topographic Map, dated 5/14/08). In the event the tree locations have not been surveyed, the work should be performed (per item #1, page 4, of my report) due to the close proximity of trees to the proposed features (the actual canopy dimensions should also be shown). In doing so, a verifiable baseline for the tree locations can be established, and impacts most accurately assessed. The locations should also be reflected on Sheets 4, L1, L3, C2 (if surveyed by the civil engineer), and C3 ' thm C6. Regarding the proposed driveway and retaining wall, soil disturbance to 2 feet from tree #8's trunk and 3 feet from tree #9's trunk (this considers shoring) can be expected solely for constructing these features. Preferably, the proposed driveway should be setback 7.5 feet from tree #8's trunk and 10 feet from tree #9's trunk versus its current location at about 6 feet and 5 feet, respectively. In doing so, soil disturbance and overcut can foreseeably be achieved while maintaining the minimum setbacks from the trunks. Measures such as vertical shoring to minimize overcut to 24 to 36 inches beyond the retaining wall, significant watering for a two- to three-year period during the dry months, root pruning prior to excavation, and monitoring may or may not achieve tree survival. The other concern aside from survival is the trees' stability, and the increased potential for the tree to uproot due to damage or loss of anchor roots. p.o, box 25295, San mateo, california 94402 " email: arborre5ources@comca5t.net phone; 650.654.335 i ■ fax: 650.240.0777 ■ kcen5ed contractor #796763 A ARBOR RESOURCES professional consulting arborl5t5 and tree care June 2, 2008 14881 National Ave. & 14830 Los Gatos Blvd. page 3 of 4 The proposed grading and drainage design presents significant conflict with the trees. Recommendations to minimize or mitigate the damage are discussed as follows; Grading should conform to the five times the trunk diameter setback identified in my report. Where this is not feasible, fill should not extend beyond a proposed structure or wall by more than 24 inches. ■ The proposed storm drain and inlets should be omitted where proposed along the southern boundary, unless it can be placed within 36 inches from the retaining wall for the driveway. Otherwise, the section of line beneath their canopies should be directionally-bored (though not seemingly feasible to achieve the necessary gradient) or the top 24 inches excavated using a pneumatic air device. The inlets should also be established at least 10 feet from the trees' trunks. ■ On Sheets C4 and C6, what appears to be a "storm water quality unit stormceptor" is identified near tree #5's trunk. This feature should be identified, and alternately located to be beyond the five times setback from. the trees' trunks. ■ On Sheet C6, the silt fence proposed along the southern boundary should be established along the north side of the existing fence and require no more than a 3- inch vertical soil cut (1 to 2 inches preferred), and at least 12 inches from a trunk. ■ Sheets C3 and C6 show what appears to be an underground vault at the trunks of trees #1 thru 3. This feature should be identified, and established beyond the five times setback from the trees' trunks. The proposed lighting layout identifies two lights along the southeast side of the proposed driveway. I recommend trenching to install these lights is restricted to within 36 inches from the proposed retaining wall, p.o. box 25295, ran mateo, californEa 54402 email: arborre5ource5@comca5t.riet phone. 650.654.335 I fax: 650.240.0777 licensed contractor #796763 4 ANOM A wM ARBOR RESOURCES professional consulting arbori5t5 and tree care June 2, 2008 14881 National Ave. & 14830 Los Gatos Blvd. page 4 of 4 Implementing the proposed landscape plans (planting and anticipated irrigation) along the southern boundary presents concerns regarding the trees' future health and longevity. The accurate location of trees to be retained (and reflected on the plans) and adherence to recommendations presented on page 5, item 8, of my report should adequately mitigate these concerns. Sincerely, O'N c lty David L. Babby Registered Consulting Arborist #399 Board-Certzf ed Master Arborist #WE-4001B p.o. box 25295, San mateo, california 34402 email. arborresource5@comcast.net phone: 650.654.3351 ■ fax: 650.240,0777 ■ licensed contractor #796763 ARBOR RESOURCES profe55ianal arboricultural consulting and tree care A TREE INVENTORY AND REVIEW OF THE PROPOSED MEDICAL OFFICE BUILDING AT 14881 NATIONAL AVENUE & 14830 LOS GATOS BOULEVARD LOS GATOS, CALIFORNIA PROPERTY OWNER: Dr. Lee and Ms. Lee Walker APPLICANT: John Lien ARCHITECTURE & SITE APPLICATION S-07-212 APNs 4.24-10--017,064, 065 Submitted to: Sandy Baily, ATCP Community Development Department Town of Los Gatos 110 East Main Street Los Gatos, CA 95031 _ I FES 1 9 2008 TOWN OF LOS GATO j Prepared by: - ' David L. Babby AFA Registered Consulting Arborist 899 A Certified Arborist X601A February 19, 2008 p.o. box 25295, san mateo, caltfornla 94402 ■ email: arborresourcesQcomcast.net phone: 650.654.335 ! fax: 650.240.0777 licensed contractor #796763 EXHIBIT 1 1 David L. Babby, Registered Consulting Arborist February 19, 2008 TABLE OF CONTENTS SECTION TI'T'LE PAGE 1.0 INTRODUCTION 1 2.0 TREE COUNT AND COMPOSITION ..................................1 3.0 SUITABILITY FOR PRESERVATION 2 4.0 REVIEW OF POTENTIAL IMPACTS 3 5.0 RECOMMENDATIONS 4 5.1 Design Guidelines .............4 5.2 Protection Measures Before and During Construction 5 EXHIBITS EXHIBIT TITLE A TREE INVENTORY TABLE (two pages) B SITE MAP (one page) C PHOTOGRAPHS (two pages; includes photo index) 1 n c i David L. Babby, Registered Consulting Aphorist February 19, 2008 1.0 INTRODUCTION. I have been retained by the Town of Los Gatos Community Development Department to review the tree-related impacts associated with constructing a new three-story medical office building with an underground garage at 14881 National Avenue and 14380 Los Gatos Boulevard, Los Gatos. Tasks performed for this review are as follows: ■ Identify "protected trees"' located on the subject site, as well as overhanging the site from neighboring properties. Measure their trunk diameters at approximately 54 inches above grade or as appropriate to obtain the most representative sample of trunk size. Estimate canopy spreads, and ascertain their health and structural integrity. ■ Determine the trees' suitability for preservation (e.g. high, moderate or low). ■ Review the set of plans stamp dated January 25, 2008 by the Town. ■ Assign numbers to each inventoried tree, and plot these numbers on the map presented in Exhibit B (a copy of Sheet 1, a preliminary boundary survey by Ward Surveying, dated 716107). ■ Obtain photographs of each tree; these are presented in Exhibit C. ■ -Prepare a written report containing the aforementioned information, and provide measures to help avoid or mitigate anticipated impacts to trees that will be retained or removed. 2.0 TREE COUNT AND COMPOSITION Fourteen (14) trees of five various species were inventoried for this report. They are sequentially numbered as 1 thru 14, and include the following: nine California pepper trees (#1 thru 9), two holly oaks (#10 and 11), one California black walnut (#12), one pittosporum (913), and one coast redwood (#14). 1 Pursuant to Section 29.10.0960 of the Town's Municipal Code, a "protected tree" has a trunk diameter of four inches and greater measured at three feet above grade. Fruit- or nut-bearing trees with trunks less than 18 inches in diameter are exempt (Section 29.10.0970). 14881 National Avenue and 14834 Los Gatos Boulevard, Los Gatos Page 1 of 8 Town of Los Gatos Community Development Department LN David L. Babby, Registered Consulting Arborist February 19, 2008 Specific information regarding each tree is presented within the Tree Inventory Table in - Exhibit A. Their.approximate locations are presented on the maps in Exhibit B. Of the inventoried trees, only two, #12 and 14, are located entirely on the subject sites, whereas the others (#1-11 and 13) are situated entirely or partially on neighboring properties and their canopies overhang the subject site. Trees #1 thru 11 are located along the southern boundary of lot 8 (the adjoining boundary between 14881 and 14901 National Ave). Tree #13 is situated at the northeast corner of adjacent lot 11. Each tree seemingly situated on a neighboring property, namely trees #1-11 and 13, are missing from the survey and not shown on Sheets 2 thra 5. To conform to Section 29.10.0995 of the Town Code, the trunk location and canopy dimension of each must be disclosed on site-related plans. Note that their locations presented on the map in Exhibit B are approximate and should not be construed as being surveyed or necessarily accurate. There are many additional trees scattered throughout the subject site. However, they were not inventoried as they are relatively small, fruit- or nut-bearing with trunk diameters less than 18 inches (and therefore exempt per Section 29.10.0970 of the Town Code). 3.0 SUITABILITY FOR TREE PRESERVATION Each tree has been assigned either a "high," "moderate" or "low" suitability for preservation rating as a means to cumulatively measure their physiological health, structural integrity, anticipated life span, location, size and specie type. A description of these ratings with the assigned tree numbers are presented below; note that the "high" category comprises three trees, the "moderate" category eight trees, and the "low" category three trees. 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Page 2 of 8 Town of Los Gatos Community Development Department David L, Babby, Registered Consulting Arborist February 19, 2008 High: Applies to trees #2, 5 and 9. These trees appear in overall good health, seem structurally stable, and have a high potential of providing long-term contribution to the site. Moderate: Applies to trees #1, 3, 4, 6, S, 10, 11 and 13, These trees require frequent care throughout their remaining life span and provide less significance to the site than those assigned a. high suitability. Low: Applies to trees #7, 12 and 14. These trees are predisposed to irreparable structural problems that are expected to worsen regardless of measures employed. Trees #7 and 12 have significantly weak structures, and #14 is nearly dead. In the case of each, their removal would provide greater site safety. 4.0 REVIEW OF POTENTIAL IMPACTS Two trees, #12 and 14, require removal to accommodate the proposed project. Because of their poor condition, I recommend the removal of both regardless of the proposed project. Tree 912 is relatively large, 26-inch diameter black walnut that-has an extensive decay column throughout its central leader; consequently, the failure of this leader appears imminent in the near future, a situation that would render the tree a loss. Tree #14 is nearly dead, and its continued decline and demise appears imminent. By implementation of the proposed design, tree #9, a 17-inch diameter pepper tree, would be severely impacted and its longevity jeopardized. Trees #6, 7, S and 10 are also exposed to being adversely impacted. If adequate protection of these trees is expected, the proposed project will need to achieve a minimum setback from their trunks of five times their trunk diameters for all rading_(cut or fill), overcut, trenching and soil scraping (e.g. five feet for a tree with a 12-inch diameter). Note that depending on the surveyed locations of these trees, the project design may need to be slightly revised to achieve the setbacks. 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Page 3 of 8 Town of Las Gatos Community Development Department IN David L. Babby, Registered Consulting Arborist February 19. 2008 5.0 RECOMMENDATIONS Recommendations presented within this section are based on plans reviewed, and serve as guidelines for mitigating impacts to trees of regulated status being retained or removed. They should be carefully followed and incorporated into construction plans, and are subject to revision upon reviewing any additional or revised plans. 5.1 Design Guidelines 1. The trunk location and canopy dimensions of trees #1-11 and 13 must be surveyed and- shown on all site-related plans to disclose their correct locations, allow for an accurate assessment of project impacts, properly plan for the locations of new trees, and achieve conformance to Section 29.10.0995 of the Town Code. 2. The setback specified in Section 4.0 of this report should be followed for trees to be retained and expected to survive with a reasonable assurance. 3. All new underground utilities and services should be routed outside from beneath the trees' canopies. I should be consulted in the event this is not feasible. 4. Per Section 29.10.1000(C.1) of the Ordinance, a copy of this report must be incorporated into the final set of project plans, titled Sheet(s) T-1, T-2, etc. (Tree Protection Instructions), and referenced on all site-related plans. 5. The permanent and temporary drainage design, including downspouts, should not require water being discharged beneath the trees' canopies. 6. The proposed planting design, as seemingly presented on Sheet 5, requires revision to consider existing trees. Once the locations and canopy dimensions of trees #1-11 and 13 are surveyed and shown, the proposed location of future trees can be established. 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Page 4 of 8 , Town of Las Gatos Community Development Department David L. Babby, Registered Consulting Arborist February 19, 2008 7. New trees to be installed should be established at least 10 feet beyond the canopies of existing trees to be retained. They shall also be of a minimum 24-inch box size, planted prior to final inspection, and double-staked with rubber tree ties. All forms of irrigation should be of an automatic drip or soaker hose system placed on the soil surface and not in a sleeve. Additionally, to achieve the greatest assurance of proper installation, all new trees shall be installed, including necessary irrigation, by an experienced state-licensed landscape contractor and/or a professional tree company. 8. The landscape design should incorporate the following guidelines: a. Plant material installed beneath a canopy should be planted at least five from a tree's trunk. b. Irrigation should not strike within two to three feet of a tree's trunk. c. In the event trenches for irrigation and/or lighting are required beneath a canopy, they shall be installed in a radial direction to the trees' trunks. If irrigation trenches cannot be routed as such, the work may need to be performed using a pneumatic air device (such as an Air-Spade®) to avoid 1 unnecessary root damage. d. Stones, mulch and new fencing should not be placed against the trees' trunks. e. Tilling beneath canopies should be avoided, including for weed control. 9. Upon availability, the proposed civil and landscape plans should be review for tree- related impacts. 5.2 Protection Measures before and during Development 10. An ISA (International Society of Arboriculture) certified arborist and/or a member of ASCA (American Society of Consulting Arborists) - to be named the "project arborist" - should be retained by the applicant/owner or contractor to assist in implementing and achieving compliance with all tree protection measures. 11. Prior to any demolition, construction or site clearing work, a pre-construction meeting between the project arborist and contractor should be held on-site to discuss 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Page 5 of 8 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist February 19, 2008 work procedures, protection fencing locations, limits of grading, tree removals, staging areas, routes of access, supplemental watering, mulching, locations for equipment washing pits, procedures for removing the existing walkway, and any other applicable tree protection measures. 12. Tree protective fencing shall be installed prior to any demolition, grading, surface scraping or heavy equipment arriving on site, and its precise location and placement approved by the project arborist (in the form of a letter submitted to the Town) prior to the issuance of any demolition, grading or construction permit. It should be comprised of six-foot high chain link mounted on eight-foot tall, two-inch diameter steel posts that are driven 24 inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained throughout construction until final"inspection. 13. Unless otherwise approved, all development activities must be conducted outside the designated fenced areas. These activities include, but are not limited to, the \ following: demolition, grading, stripping of topsoil, trenching, equipment cleaning, stockpiling/dumping of materials, and equipment/vehicle operation and parking. 14. Any approved activity required on unpaved areas beneath the trees' canopies must be performed under the knowledge and direction of the project arborist. All work should be manually performed using hand tools and wheelbarrows. In the event roots of two inches and greater are encountered during the process, the project arborist shall be consulted. 15. Prior to construction, 1 recommend a four- to five-inch layer of coarse wood chips (1/a- to '/4- inch in size) is manually spread on the section of unpaved ground that is beneath the canopies of retained trees and 24 inches from any proposed retained wall or building. The wood chips should remain throughout construction (and possibly beyond), and must not be placed against the trees' trunks. They can be obtained fr om tree service companies and/or by contacting www.reuserRinc.com. J 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Page 6 of 8 Town ofLos Gatos Community Development Department David L. Babby, Registered Consulting Arborist February 19, 2008 16. Prior to excavating soil for the underground garage or ramp within five feet from a tree's canopy, a one-foot wide trench shall be manually dug along the perimeter of these areas to a 2.5- to 3-foot depth (the purpose of this trench is to expose roots and allow for a clean cut to minimize root loss). The trench should be dug where soil cuts will occur closest to the trunks, and any roots encountered during the process shall be cleanly severed by hand (such as with lopper or sharp saw) against the side of the trench closest to the tree. All soil inside (away from the tree) the trench can be excavated using heavy equipment. 17. Post/pier holes dug beneath tree canopies for any site fencing must first be reviewed by the project arborist prior to digging. A post-hole digger should be used to dig the first 2.5 to 3 feet below grade. In the event a root of two inches and greater in diameter is encountered during the process, -the hole should be shifted over by about 12 inches and the process repeated. All digging below the hand-dug area can occur using a manually-operated mechanical auger. 18. Recommendations that are presented within Section 5.1 of this report and pertain to site development should also be followed. 19. Throughout construction during the months of May thra October, supplemental water shall be supplied to retained trees. The specific trees, methodology, frequency, and amounts shall be prescribed by the project arborist. 20. All existing, unused lines or pipes beneath the canopies of retained trees shall be abandoned and cut off at existing soil grade (rather than being dug up and causing subsequent root damage). 21. All tree pruning shall be performed prior to demolition, in accordance with ANSI A300-2001 standards, and by a California state-licensed tree service company that has an ISA certified arborist in a supervisory role. The company selected should also 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Page 7 of 8 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist February 19, 2008 carry General Liability and Worker's Compensation insurance, and shall abide by ANSI Z133A-2006 (Safety Operations). 22. All equipment shall be positioned to avoid the trunks and branches of trees. Where a conflict arises, the project arborist must be contacted to help address the situation. 23. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage beneath canopies. Herbicides should not be used beneath the trees' canopies; where used on site, they should be labeled for safe use near trees. Prepared By: David L. Babby Registered Consulting Arborist #399 Certified Arborist #WE=4001A M 19, 200$ Date: Febn~ 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Town of Los Gatos Community Development Department Page 8 of 8 r_ 1 b David L. Babby, Registered Consulting Arborist February 19, 2008 EXHIBIT A: TREE INVENTORY TABLE 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Town of Los Gatos Community Development Department TREE INVENTORY TABLE o r { z -p z' g * . € x i x 8 C ~1 L~ 4YQ d Yr' - ~ OXC! k-- a - a7 . " ~O< S7 cd ? i _ X 1 U, - -40 O' 4 Ei~ '0- z v o .s a> 3 o, TOa F NAMH '.`rr3 zl1.Gn.sc California Pepper Tree i ° ° i (faun m011e ) 11 20 I 75% 50 Fair Moderate 4 X X Comments: One-foot from fence, Large cut on east side at about six feet high. Has an asymmetrical canopy. California Pepper Tree I ° ° I I I - 2 (dtus molle ) 16 1 30 100 75 Good High 3 X X Comments: Abuts fence. California Pepper Tree 3 (SW molle ) 15 30 50% 50% Fair Moderate 3 X X Comments: About four feet from fence. LCalifornia Pepper Tree 4 (Sus molle ) 13 30 75% 50% Fair Moderate - 3 1[ X X Comments: About four feet from fence. California Pepper Tree 1 I I ° I ° I I - 5 (Bluff m011e ) J 18.5 45 75/° 75/a Good Hieh 3 X X Comments: About five feet from fence. California Pepper Tree 6 (B:us molle ) 5.5 10 75% 50% Fair Moderate - 2 X X Comments: One-foot from fence. California Pepper Tree 7 (&us molle ) 10 20 75% 25% Fair Low 3 T K X Comments: About six feet from fence. Has a large cavity at base of trunk, and consequently, a weak structure. California Pepper Tree 8 (thus molle ) 10.5 35 75% 50% Fair Moderate - 2 X X Comments: One-foot from fence. California Popper Tree 9 (Bzus molle ) 17 40 75% 50% Fair High - 1 X X Comments: Abuts fence. Holly Oak 10 (gras ilex ) 8 20 50% 100% Fair Moderate - 2 X X Comments: Four feet from fence. Holly Oak 11 Okras ilex ) 4 10 100% 50% Good Moderate - 4 X X Comments: About 2.5 feet from fence. Site: 14881 National Ave and 14380 Los Gatos Blvd, Los Gatos Prepared for. Town of Los Gatos Comm. Develop. Depart Prepared by., David L. Babby, RCA 1 of 2 February 1-0, 2008 TREE INVENTORY TABLE A k ar ° n Q ' L-Ti y. - s ti ¢i _ o ev _ ZI a P C vf.+ 7J m O w v _ a~ till - 8 r 4' C x -O ' s E L T~ y. I ` YCiL California Black Walnut 12 (ff lans fndsii 26 55 50% L25% Poor Low X - Comments: There is a large decay column along central leader, Tree in poor structural condition. Pittosporum 13 (Mosporum renui olium 8, 4 20 50% 75% Fair Moderate - 2 X X Comments: Three feet from wall. Coast Redwood 14 (§1{aia sempervirens } 25,5 30 25% 25% Poor Low X Comments: Tree is about 75-percent dead and appears well-beyond recovery. Site: 14881 National Ave and 14380 Los Gatos Blvd, Los Gatos Prepared for. Town of Los Gatos Comm. Develop. Depart Prepared by: David L. Babby, RCA 2 of 2 February 19, 2008 David L, Gabby, Registered Consulting Arborist February 19, 2008 EXHIBIT B: SITE MAP e. i 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Town of Los Gatos Community Development Department 14881 NATIONAL AVENUE & 14380 LOS GATOS BOULEVARD l;E~=59RT~ ?RF~{E' ~R. C.2,~C7.SNt: I Y~~'\ `ice' lam" - - `fix. mac. / Oyu ter. i .~41 5 LOT 7 u David L. Babby, Registered Consulting Arborist February 19, 2008 EY.MIT C: PHOTOGRAPHS e. Photo Index Page C-1: Trees #1 thra 9 Page C-2: Trees #10 thra 14 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist February 19, 2008 Town of Los Gatos Community Development Department 14881 National Avenue and 14830 Los Gatos Boulevard, Los Gatos Page-GI CO 0 0 N q N CU v 9p tl Iz 5 0 .o 4 h O tl ' h O tl O ~ Q h o ~ o v o e~i ~q 1 m ~ d ~ o a fi O w O ' TOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95032 (408) 354-6872 SUMMARY OF DISCUSSION OF A REGULAR MEETING OF THE CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE OF THE TOWN OF LOS GATOS FOR SEPTEMBER 12, 2007 HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA. The meeting was called to order at 4:30 P.M. ATTENDANCE Members Present: Absences: None Joe Pirzynski Barbara Spector Joanne Talesfore D. Michael Labe Stephen Rice Staff Present: Bud Lortz, Director of Community Development; Randy Tsuda, Assistant Director of Community Development, Sandy Baily and Joel Paulson, Associate Planners ITEM 1: 14881 National Avenue and 14830 Los Gatos Blvd Conceptual Development Application CD-07-148 Requesting preliminary review of plans to demolish two single family residences and to construct a new medical office building on properties zoned O and C-1. APNS 424-10-017, 064 and 065 PROPERTY OWNER: Dr. Lee and Ms. Lee Walker APPLICANT: John Lien Comments: 1. The subject corner is a significant intersection and gateway to Los Gatos. 2. A building at this site must set the tone of what will happen along Los Gatos Boulevard. The height, mass and scale must be sympathetic to the Town's development goals along Los Gatos Boulevard and must be sensitive to the view of the hills. 3. The proposed building mass, scale and setbacks are concerns. 4. When merged, the lot will have a double frontage and must meet double frontage setback requirements. 5. Supportive of this type of use at this corner. The height and three-story elevation is a concern. 6. There are no three story buildings in the neighborhood. 7. Lot coverage is too excessive. 8. Traffic may be a concern. 9. The character of the building is not small town. EXHIBIT 12. 10. The interior courtyard appears to have too much hardscape. 11. Provide additional landscaping. ITEM 2 930 University Avenue Conceptual Development Application CD-07-149 Requesting preliminary review of plans to construct a self storage building with a caretaker unit on property zoned CM. APN 424-31-031. PROPERTY OWNER: Verizon California APPLICANT: Ray Wariner (Extra Space Storage) Comments: 1. The architecture is boxy. 2. Visibility from the creek trail will need to be addressed. 3. 360 degree architecture is important. 4. Is the proposed use appropriate? 5. Is the proposed use the highest and best use? 6. Three-story appearance from the creek trail is a concern. 7. The reduced front setback is appropriate. 8. The proposed security quarters are appropriate. 9. The landscaping will be important. Natural landscaping will be necessary. 10, Corporate design is not appropriate and must be modified to fit into Los Gatos and adapted to local character. 11. The signage is inappropriate. - 12. Integrate the security'quarters. 13. Parking for the security quarters must be provided. 14. The trees and undergrowth on University Avenue provide good screening of the site. Any thinning out of the existing landscaping will need to be carefully considered. 15. The height is improved. 16. Architecture is not compatible with the area. 17. The proposed land use is appropriate. 18. The parking will need to be adequately addressed. 19. The ,proposed parking is okay. 20. The below grade element is appropriate. 21. The height is appropriate. ADJOURNMENT Meeting adjourned at 5:45 p.m. The next regular meeting of the Conceptual Development Advisory Committee is Wednesday, October 10, 2007. Prepared by: Bud N. Lortz, Director f Co ity Development cc: Planning Commission Chair N.\DEV ICDACIMINUCES1200719- l 2-07cdacmin. doo a r TOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95030 (408) 354-6872 SIJMMARY MINUTES OF A REGULAR MEETING OF THE GENERAL PLAN COMMITTEE OF THE TOWN OF LOS GATOS MARCH 12, 2008 HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA. The meeting was called to order at 5:30 pm by Chair Jane Ogle. ATTENDANCE Members present: Joe Pirzynski, John Bourgeois, Barbara Cardillo, Marcia Jensen, D. Michael Kane, Tom O Donnell, Jane Ogle, and Barbara Spector. Members absent: Margaret Smith Staff present: Bud Lortz, Director of Community Development, Randy Tsuda, Assistant Community Development Director; and Sandy Baily, Associate Planner. VERBAL COMMUNICATIONS: None ITEM 1 14881 NATIONAL AVENUE AND 14830 LOS GATOS BLVD Lortz introduced project. Lien summarized project. Bourgeois clarified that the Committee was to only discuss the proposed General Plan amendment and Zone Change and questioned the surrounding land uses. Lortz stated that the area was in transition and that mixed use commercial is anticipated along the east side of this portion of Los Gatos Blvd. Parcel assembly of parcels is encouraged but cannot be imposed. Spector commented she was having a difficult time determining that the proposed project meets the goals/policies and strategies of the General Plan. Pirzynski stated that the future development intent on the east side of Los Gatos Blvd. between Lark Avenue and Samaritan Drive was to have office and multi-family residential developments along with a gateway element. The Route 85 Element of the General Plan speaks more to the proposed development in this area. At the time, there is no substantial residential development contemplated in this area to support neighborhood commercial uses. O Donnell questioned if access was restricted to National Avenue. Lortz confirmed access is not limited to National Avenue. . EXHIBIT 13 General Plan Committee Minutes March 12, 2008 Page 2 of 3 Pirzynski moved to recommend approval of the General Plan and Zone Change amendments as part of the merging of the three subject parcels. O'Donnell seconded, motion passed unanimously. ITEM 2 POLICY REGARDING AN INCREASE IN FLOOR AREA OF HILLSIDE HOMES WITHOUT AN EXTERIOR INCREASE TO THE STRUCTURE Lortz summarized the proposed policy. . 4 Donnell and Spector expressed concern if the policy would be interpreted to include additions below grade which would result in additional grading, Discussion ensued about the Development Review Committee process. Pirzynski commented that the issue before them is to determine whether or not there is a reason to change the rules with the proposed policy. Mass and scale is the issue with the hillside homes. The question is will this policy open up more complicated situations? Kane expressed concern that something could slip through the cracks. Jensen questioned the noticing process in regards to the policy and how appeals would work. Stated that the policy is a great idea but had a concern about intensity. Lortz confirmed that the policy could be modified to mitigate the concerns raised, if the Committee was interested in pursuing the policy. Spector confirmed that in-law units would not be part of the policy. Bourgeois questioned how often the question has been raised to trigger this policy request. Lortz stated that the Town had approximately ten requests in the last 18 months. The policy was before the General Plan Committee as a result of a request from a resident. Spector stated that she was struggling with the request and is not comfortable moving forward with this. Bourgeois stated that he is not against the concept. The policy, as drafted, is too broad. Lortz stated that the policy would be rewritten to eliminate additions by grading and to address the unknowns. Spector commented that it would be helpful if examples on how this policy would work could be provided when this item returns to the Committde. C V DUQUETTE E N G I N E E R I N G 4340 Stevens Creek Blvd, Suite 200 San Jose, CA 95129 Phone: (408) 615-9200 Fax: (408) 615-9900 RECEIVED MAY 15 2008 TOWN OF LOS GATOS STRUCTURAL SURVEY FOR 14881 NATIONAL AVENUE LOS GATOS, CA 95032 FEBRUARY 7, 2008 EXHIBIT 14 DUQUETTE ENGINEERING February 7, 2008 14881 National Ave. - General Structural Description: One story wood-framed residence with raised floor over crawl space and garage. There are some deterioration and maintenance issues that should be addressed. These issues are described in detail, in the deficiencies section of this report. In general the residence is in fair condition. 14881 Nation;., Ave„ Los Gatos Page 2 of 7 C~, DUQUETTE ENGINEERING February 7, 2008 Foundation and first floor framing. The first floor is framed withlxB subflooring over 2x8 floor joists @ 16" o.c. The floor joists are supported by 46 girders. The current foundation system is concrete spread footings. The buildings' main foundation and first floor framing are in fair condition. 14881 Nationa, Ave„ Los Gatos Page 3 of 7 DUQUETi'E ENGINEERING February 7, 2008 Roof and Ceiling Framing: The roof framing is typical conventionai..wood framing. The roof material is attached to 1x4 skip sheathing over 2x4 rafters: @ 24" o.c. The ceiling framing is 2x4 joists@ 16". o.c. The framing is in fair condition. 14881 Nationa[ Ave„ Los Gatos Page 4of7 F, C DUQUETTE ENGINEERING 14881 National Ave„ Los Gatos February 7, 2008 page 5 of 7 Deficiencies: k There are a few areas in the roof 1. framing that have noticeable sagging. The roof shakes are weathered and need upgrading. A few cracks in the interior walls and ceiling were noted. DUQUETTE ENGINEERING February 7, 2008 14881 National Ave„ Los Gatos Page 6 of 7 c Extensive weathering of the exterior wood sidings was noted. A number of foundation cracks were noted and visible from the exterior. c DUQUETTE ENGINEERING 14881 Nationa. Ave„ Los Gatos February 7, 2008 Page 7 of 7 The concrete foundation has extensive water marks and is beginning to deteriorate at the southeast corner of the structure DUQUETTE E N G I N E E R 1 N G 4340 Stevens Creek Blvd. Suite 204 San Jose, CA 95129 Phone: (408) 615-9200 Fax: (408) 615-9900 RECEIVE-1) MAY 16 2008 TOWN OF LOS GATOS PLAW,AiMG DMSION STRUCTURAL SURVEY FOR 14830 Los Gatos Blvd. LOS GATOS, GA 95032 FEBRUARY 7, 2008 Q 5 tlo. S3019 Exp.3-312409 4 'Ik F C) cap EXHIBIT 15 DUQUETrE ENGINEERING February 7, 2008 14830 National Ave. - Main House General Structural Description: One story wood-framed residence with raised floor over crawl space and detached garage.. There are some deterioration and maintenance issues that should be addressed. These issues are described in detail, in the deficiencies section of this report. In general the residence is in good condition. 14830 Los Gatos ,310,, Los Gatos Page 2of11 DUQUE7rE ENGINEERING 14330 Los Gatot, Blvd„ Los Gatos February 7, 2008 Page 3 of 11 Foundation and first floor framing: The first floor is framed with 1 x8 subflooring over 2x8 floor joists @ 16" o.c. The floor joists are supported by 4x6 girders. The current foundation system is concrete spread footings. The buildings' main foundation and first floor framing are in good condition. ❑UQUETTE ENGINEERING February 7, 2008 Roof And Cell ing-Frarbingf.. The roof framing is typical conventional wood framing. The roof material is attached tolA straight sheathing over 2x4 rafters @ 24" o.c. The ceiling framing is 2x4 joistsQ 16" o.c. The framing is in good condition: j 14830 Los Gatos Blvd„ Los Gatos Page 4of11 F c DUQUETTE ENGINEERING 14830 Los GaW6 Blvd„ Los Gatos February 7, 2008 Page 5 of 11 Deficiencies: Extensive weathering of the exterior wood sidings were noted. DUQUETfE ENGINEERING February 7, 2008 A significant number of cracks in the interior walls and. ceiling were noted. 14830 Los Gato6 Blvd„ Los Gatos Page 6of11 6." DUQUETrE ENGINEERING 14830 Los Gatos Blvd„ Los Gatos February 7, 2008 Page 7 of 11 A few foundation cracks were noted and visible from the exterior. DUQUETTE ENGINEERING February T, 2008 The Garage/Storage General Structural Description: One story wood frame garage/storage supported on grade. There are some deterioration and maintenance issues`that should be addressed. These issues are described in detail` in the deficiencies- section of this report. In general, the garage is in fair condition. 14830 Los Gato. dlvd„ Los Gatos Page 8 of 11 C DUQUETTE ENGINEERING 14830 Los Gatos Blvd„ Los Gatos February 7, 2008 Page 9 of 11 Roof framing: The roof framing is typical conventional wood framing. The roof material is attached to 1x8 straight sheathing over 2x4 roof rafters with collar ties @ 24" o. c. In general, the framing is in fair condition. DUQUETTE ENGINEERING February 7, 2008 Deficiencies: The composition asphalt shingles are weathered and need to be upgraded. There are a few areas in the roof framing that'have noticeable sagging. Extensive weathering of the exterior wood sidings were noted.. VJ' 14830 Los Gatos Blvd„ Los Gatos Page 10 of 11 DUQUETTE ENGINEERING February 7, 2008 14830 Los Gatoa Blvd,, Los Gatos Page 11 of 11 There are a few areas on the framing of the patio structure that show signs of water damage. C, June 17, 2008 Planning Commission Meeting TOWN OF LOS GATOS 110 E. Main Street Los Gatos, CA 95030 Re: Application for Medical Dental Building Dr. Lee R. Walker 14830 Los Gatos Boulevard Los Gatos, CA Dear Committee Members: I am Parker Jones, owner representative of 14981 Los Gatos Boulevard, Los Gatos. I share a common property line with Dr. Walker. I have reviewed the drawings associated with the above referenced application prepared by the Architect, John Lien dated April 14, 2008 (sheets 1-7, Ll-L3, C1 -C6, El-E2, ED 1), and color illustrations of the proposed building. As a neighboring property owner, we are in full support of my neighbor's application to build his medical/dental building. I urge you to approve this application as submitted. Sincerely, COLLIERS PARRISH INTERNATIONAL, INC Z41 1/--- 2 Parker Jones Vice President 408.282.3 847 pjones@colliersparrish.com C j u ri 19 200$ TOWN OF LOS GATOS ERHIBIT' 16 450 West Santa Clara Street San Jose. California 45113 USA Tel: 408-282.3800 Fax: 408-292-8100 v^~ c o i Ile rs pa r rl s h. co m June 17, 2008 Planning Commission Meeting TOWN OF LOS GATOS 110 E. Main Street Los Gatos, CA 95030 Re: Application for Medical Dental Building Dr. Lee R. Walker 14830 Los Gatos Boulevard Los Gatos, CA Dear Committee Members: I am Dick Chappell, owner representative of 14981 Los Gatos Boulevard, Los Gatos. I share a common " property line with Dr. Walker. I have reviewed the drawings associated with the above referenced application prepared by the Architect, John Lien dated April 14, 2008 (sheets 1-7, Ll-L3, Cl-C6, El-E2, ED 1), and color illustrations of the proposed building. As a neighboring ProPAY owner, we are in full support of my neighbor's application to build his medical/dental building. I urge you to approve this application as submitted. Sincerely, COLLIERS PARHISHINTERNATIONAL, INC. Dick Chappell 129 Verde Court Los Gatos, CA 95032 9 2008 1-OWN OF LOS GATOS of Planning Commission Meeting TO~ivfv v~ TOWN OF LOS GATOS f .r nr;,~,? f os GAx4a 110 E, Main Street art/t WON Los Gatos, California 95030 Re; Application for Medical Dental Building Dr. Lee R, Walker 14830 Los Gatos Boulevard Los Gatos, California Dear Committee Members - I am the owner of properties located across from Los Gatos Boulevard. I have reviewed the drawings associated with the above referenced application prepared by the Architect, John Lien elated November 10, 2007 (sh(iets 1, 1.0, 2- 7, C 1-C6, E1.4.1,10, ED1, EDL 1, E2, ED1 Ll,Z2,L3).; and color illustrations of the proposed building. As a neighboring property owner, T am in £ull support of my neighbor's application to build his medical/dental- b:L il.ding. I urge you to approve this application as submitted. Sincerely, 1050 Graham Hill Road Santa Cruz, CA 9506.0 Date: 6,-, # .2. &2 Juo-19-2098 O3:34.pm From-BOULEVARD SURMAL +14083663667 T-129 P.001/001 F-745 Awl- rune 11, 2008 plug Counmiss ou Meeting TOWN OF- LOS; GA.TOS 110 E. maim street Los Gatos, Cdlifoniia 9$030 Re: Application for Medical Dental Building Dr. Lee R. W4-r 14830 Las-Gatos Boulevard Los Gatos, California Dear Committee Members: R(3i E9 JUN 1 9 2008 OWN OF I OS GATOs I wn the property ow oep at 14950 Los Gatos. Boulevard. I shore A. common propery line with. Dr. Walker. T have reviewed the dk-awings associated with tho above refereed application prepazed by John Lion (the ambitedt and-color illusratios of the proposed building- As. a.neighburing property owner, I'am in full support ofmy neighbor's application to h ld his medicalMental wilding. I wzm you to approve this ap*apom as submitted. Sincerely, lk..Jfay 8c11!ficni C1kman 14$50 Los Gatos $lwd Los Gatos, C,A. 95032 c Los GATos Lee R. Walker, MD, DDS Board Ccrdcd Oral & Mw&racial Surgeon Virginia R Gonzalez 14870 Los Gatos Blvd Los Gatos, CA 95032 APR4 424-10-013 Date: 0 ,dint CommWan stl Atitrtrlbm W lYeN&M amnluf "t Accrediled Mice Surgery Center Planning Commission Meeting TOWN OF LOS GATOS 110 E. Main Street Los Gatos, California 95030 Re: Application for Medical Dental Building Dr. Lee R. Walker 14830 Los Gatos Boulevard Los Gatos, California Dear Committee Members: 01UL6 FACIAL SURGERY A MEDICAL OPFICIi Oral. Simpry Orrhognalhic.S3+rgery IAIJ Surgery Oral and Facial biplartlolagy Bacial 13econsfruclive Surgery Laser Surgery I am Virginia Gonzalez owner of 14870 Los Gatos Blvd, Los Gatos. I share a common property line with Dr. Walker. I have reviewed the drawings associated with the above referenced application prepared by the Architect, John Lien dated November 10, 2007 (sheets 1, 1.0, 2- 7, C1-Cd, E1-1.1,2.0, ED 1, ED1.1., E2, ED1 L1, L2,L3), and color illustrations of the proposed building. As a neighboring property owner, I am in full support of my neighbor's application to build his medicaUdental building, I urge you-to approve this application as submitted. Sincerely, RNL) JUlv 2 U 2005 TOWN OF LOS GATOS 14419 Soutli Bascom Ave.. Suite t()<) Las Gatos, CA 95032 Tel. 408-377-5555 Fax 408-377-5559 wwwAgofs.com June 27, 2008 Planning Commission. Meeting TOWN OF LOS GATOS 110 E. Main Street Los Gatos, CA 95030 Re: Application for Medical/Dental Building by Dr. Lee R. Walker 14830 Los Gatos Boulevard Los Gatos, CA. 95032 Dear Committee Members: i am Hooman Sotoodeh, owner representative of 14777 Los Gatos Blvd., Los Gatos. I am a neighbor of the proposed development by Dr. Lee Walker. I have reviewed the drawings associated with the above-referenced application prepared by the Architect, John Lien dated June 19, 2008 (sheets 1-7, Ll-L3, Cl-C6, E1-E2, FD 1), and color illustrations of the proposed building. As a neighboring property owner, I'm pleased with the design of his building, and will support Dr. Walker's proposed development as long as the issues associated with traffic congestion and signal light timing at Burton Road and Samaritan Drive are properly addressed and resolved by Los Gatos and San Jose Traffic Engineers. Currently there is no adequate time for passage of vehicles through this busy intersection, and with the added vehicular traffic of the proposed development, the situation will only worsen. It needs to be looked at carefully. Sincerely, GW7-074"w Hooman Sotoodeh 135 Wooded View Drive Los Gatos, California 95032 RCE1\3 t:&-,, JUL -1 2008 TOWN OF LOS GATOS PLAN] nIVISICN C, c; vvt 411 c)Ju9 va+iv r-'%A ivpor raZaa r., w U t 1Z 001 I .c~ t~,,~11 LAS Lee R. Walkcr,R't4ms f~CV(I( Pfl~rlr i 1rd ~ ~tll5{flll(scl~Lr! tinr•,~m . OK"v. 6 Exa'kl. SI wol w If~Yfllwrurrlur Ssl.~;e,lt. Planoing Commission Meeting 7'~.1J ~rr{irf TOWN Or., Los GA Oa (Jrn! u:al ~L L:1 r:rlp~~x:1 r,Q~ I 10 E. M-rn st'e.: • F'iri'Itl! ftc L'llrt~f rrrldn'C ,4µfJ;l•ry: Los Gatos, CA 95030 Ltrmr •Surp•q Re: Application for Medical Dental Boilding Dr. U;: R. Walker 14934) Los Gatos Bou [&Yard Los Gatos, CA DtarCommittet Membees: I art, ¢70kos F, G.. x,<V-, ewnae representative of /S?DtX::;__~S ~-A-Tr's -(&-uo , Los (33tas. I am a neighbor of Dir. Walker, f have reviawed khce drawings associated wit the abuvo refa-mced application prepared ty the Arciiitec-T, John Lien crated April 14, 2008 (Sheets 1-7, 1.1-1A, C1- C6, E142, E.DI), and color•iiluqrations of die proposed building. Asa neighboring property owntr, we are in tuff support of my neighbor's application to build his InWic$L'drntal building. I UQe you to approvt rni$ 9,ppl,caticrra as submind. ~InG3tClY, Add, esa.- Leas G /~Tt~S F~ .urn . l TD C;;) Los J~1~ [~fi7PlJRSS14Tdt an atm+df.Nep+~rN~nrF~m wtru+rcdwm ~l I I L) a) RECEIVED JUL 2008 TOWN OF LOS GATOS 0.11, a, ~A 990.;3 I'tt 408--M-51% P.m 4lln' l 77M%4 A F rrd f -In'. Sit poem ww r --w%v.1gxlk081n G 6-11 1 ` GEIER & GEIER CONSULTING, INC. Memorandum RECEIVED JUL - 1 2008 To, Sandy Baily, Town of Los Gatos TOWN OF LOS GATOS From: Valerie Geier Date: July 2, 2008 Subject: Clarifications Responding to City of San Jose Comments Submitted on the Initial Study and Mitigated Negative Declaration (1NIND) for Walker Medical Office Building Although CEQA does not specifically require that formal responses be prepared for any comments received on an IS/MND; we are providing the following clarification in response to written comments from the City of San Jose. The City of San Jose requested that intersection improvements in Mitigation Measure #8 of the IS/MND also include the signal, not just the left/U-turn lane on Samaritan Drive east of National Avenue. CEQA Section 15074.1 allows the lead agency to substitute mitigation measures contained in the MND with new measures as long as they are equivalent or more effective. While the corresponding impact significance determination remains unchanged, Mitigation Measure #8 on page 22 of the IS and page 12 of the MND has been expanded to incorporate some of the concerns raised by the City of San Jose: "8. The applicant shall contribute its fair share, subject to approval by the City of San Jose and Town o Los Gatos, to the addition of a new fra ic_si al that includes a protected left/U--turn lane on eastbound Samaritan Drive east of National Avenue " The City of San Jose requested that the fair share contribution to the above intersection improvements be determined and agreed upon by both the City of San Jose and Town of Los Gatos prior to the Planning Commission hearing. Such an agreement between the two cities could not be reached prior to the hearing, given the short timeframe available. The comment letter was received by the Town on June 16th, leaving approximately two weeks before the end of the 30-day public review period. Therefore, a reference to the "Town of Los Gatos" was added to the above measure to reflect this concern of the City of San Jose. Neither these clarifications or the comments raised by the City of San Jose identify any new significant impacts or require substantial revisions to the IS or MND. Therefore, recirculation of the MND would not be required. P.O. Box 5054 - Berkeley, CA 94705-5054 • 51.0.644.2935 • 51-0.644.2534 12AY • WWW,geier4rtnsultill g.cam EMBIT 17 F;. c~ Exhibit 18 - MAPS Are available for viewing in the Clerk Department TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT cos ¢A; Meeting Date: July 9, 2008 PREPARED BY: Sandy L. Baily, AICP Associate Planner APPLICATION NO.: Negative Declaration ND-07-150 General Plan Amendment GP-07-003 Zone Change Z-07-002 Architecture and Site Application S-07-212 ITEM NO.: 3 DESK ITEM LOCATION: 14881 National Avenue and 14830 Los Gatos Blvd (Located at the corner of National Avenue, Samaritan Drive and Los Gatos Blvd) APPLICANT: John Lien PROPERTY OWNER: Dr. Lee and Ms. Liz Walker CONTACT PERSON: John Lien, (408) 395-3525 APPLICATION SUMMARY: Requesting approval for 1) General Plan Amendment from Mixed Use Commercial to Office Professional, 2) a Zone Change from C-1 to O, 3) demolition of two single family residences and construction of a new 3-story medical office building on properties zoned O and C-1. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APNs 424-10-017,064 and 065 DEEMED COMPLETE: June 24, 2008 FINAL DATE TO TAKE ACTION: General Plan amendments and rezoning applications are considered to be legislative acts and are not governed by the Permit Streamlining Act. The Architecture and Site application must be acted on by December 24, 2008. EXHIBITS: 1-18 Previously Submitted 19. Letter from Department of Transportation (two pages) received July 8, 2008. 20. Letter from Department of Toxic Substances Control (two pages) received July 9, 2008. 21. Memo from Geier & Geier (three pages) received July 9, 2008. 4 c Planning Commission Staff Report July 9, 2008 Page 2 of 3 REMARKS : The Town has received two letters from State agencies regarding the environmental documents (Exhibits 19 and 20). The Town's environmental consultant reviewed the letters and determined that the comments raised did not identify any new significant impacts or require substantial revisions to the environmental documents (Exhibit 21). The Town will respond to these agencies clarifying their comments. One condition is proposed to be modified and a new condition added based on the agencies' comments. A modification to the following condition of approval is recommended (new wording in italics). 52. ...a. National Avenue. Road widening, curb, gutter, sidewalk, handicap ramp, street lights, tie-in paving, signing, striping, storm drainage and sanitary sewers, as required and in general conformance with the approved Architecture and Site application. The northbound left turn lane taper shall begin at the north edge of the 2580 Samaritan Drive driveway. The curb taper for the road widening shall begin approximately 10-feet north of the project driveway. A copy of the geometric plan for the intersection improvement shall he provided to Caltrans. The following condition is recommended to be added to the satisfaction of the Director of Community Development. ENVIRONMENTAL SITE ASSESSMENT. Prior to issuance of a building permit, a Phase I/H Environmental Site Assessment shall be prepared to determine the presence of potential contaminants, including organic pesticides and herbicides, their degradation products, and metals. If any of these contaminants are found, the Phase I/II ESA will specify required remediation appropriate to the specific contaminants. If any remediation is required, potential associated traffic, air quality, and noise impacts associated with the remediation activities will be subject to separate CEQA review.. The following standard condition was erroneously not included and should be incorporated in the conditions of approval to the satisfaction of the Town Attorney. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, Planning Commission Staff Report July 9, 2008 Page 3 of 3 Y'~~d Prepared y L. aiI ,Associate Pl er BNL:RT:SLB Approved by: Bud N. Lortz, Director of Community Development NADEVIREPORTM20081nationa114881.dsk.doc Lj X. vn-.nxo inraivarVn]/illV rt.AIININU" DIU ~tlb b560; Jul-8-08 2:28PM; Page 112 L0 GAT At: X14083547593 DEPARTMENT OF TRANSPORTATION P. 0: BOX 23660 OAM- AND, CA 94623-0660 (514) 822-M91 iteiyaurpower.! FAX (514) 286-5559 RECEIVED Be cl wrgy a ftiend TrY711 JUL 0 2008 'OWN OF LOS GATOS July 8, 2008 SCL-085W1(1:4ISGTA$S I'~8 . • SCH202008062013 Ms. Sandy Saily Town of Los Gatos 110 E Main Street Los Gatos, CA 95031 Dear Ms, Daily; Walker Medk+:d [ice Building - Itti Study/M igated Neptiive Declaration (tSAM) and the Final Traffic Impact Study for the Proposed Medical Office Development 4,448$1 National Avenue (TI.S) Thank you for including -the Calikvnia, Department of Transportation (Department)•' in the environmenW review process-for the.proposed project. We have reviewed the IS/MND ' ind IIS and have 'the following -commimim. to offer. 1. Please explain whyLevel -of &v-ice OS) D was used as the standard threshold, which is considered to be below acceptable and unstable traffic congestion.-conditions, instead of LOS C. 1 The Vicinity Map should show San Thomas Expressway for reference. 3. Please explain why-them are westbound (1i B) traffic turning movements on the Laos tos Blvd. / Lark Ave. Interwction (lfS) #1 while the diagram shown in atI Figures is a T'-inteer*ction_ 4. For the Samaritan Dr. /National Ave. IfS #5, .lxlease clarify what roadway approach the `one- way stop' infers to. The phrase `one-war strap' is deceiving; please change this to `st-op- controlled'. 5_ On page 14 of the `l:'IS, the recomm. endad solution to impr¢ve thit difficult left-turn is i of visually clear. We suggest providing geomothc plans for bath the Medical Office drivcway- and the additional left-turn lane •widening -for the northbound National Ave. approach to the Samaritan Dr. /rational Ave, VS. 6. Please provide the cumulative conditions scenario for our review and comment. 7. In the Conclusions section of the T IS, please clarify the relationship of the 5,140 vehicie volume on /National Ave. to the roadway capacity and accommodations for project trips. The report should elaborate on this topic, `Cadttuns Unprwm mobility acrmw Ugornia" EXHIBIT 19 Sent By: CALTRANS TRAN8PORTATIO PLANNING; 510 296 5560; Jul-8-08 2:27PM; Page 2/2 Ma. Sanely BaEly July 8, 2008 Page 2 Should you require further information or have any questions regaTdin& this letter, pie* call Jose L. Olveda of my staff at (510) 286-5535. Sincerely, a ti LISA CAROONT District Branch Chief Local Development - IntergovernrnenW Review c: Scott Morgan, State Clearinghouse U,~volcvvo Iv. i i FAA U iv u4v k30 is Linda S. Adams Sezmtary for Environmental Proteden July 9, 2008 Ms. Sandy Sally Town of Los Gatos 110 East Main Street Los Gatos, California 95031 Dear Ms. Bally. Maureen F. Gorsen, Director 700 Heinz Avenue Berkeley, Cafftrnia 94710-2721 ig VV4IVDo Arnold Sc hwarzenegges Governor RECEIVE-0 JUL 0 9 2008 O N~OF LOS GATOS f)'V1S101,1 Thank you for the opportunity to comment on the Initial Study and Proposed Mitigated Negative Declaration for the Walker Medical Office Building Project (SCH# 2008062013). As you may be aware, the C,afifomia Department of Toxic Substances Control (DTSC) oversees the cleanup of sites where hazardous substances have been released pursuant to the Ca#fFQmia Health and Safety Cade, Division 20, Chapter e.8. As a Responsible Agency, DTSC, is submitting comments to ensure that the environmental documentation prepared for this project under the California Environmental Quality Act (CEQA) adequately addresses any remediation activities pertaining to releases of hazardous substances. According to the Initial Study, agricultural chemicals (e.g., pesticides and fertilizers) are potential hazards.at the Project site because the Site was used as an orchard prior development for residential use in the 1950's. Howevar, the Initial Study concludes that the potential presence of these chemicals on the site would not appear to be a significant environmental concern because the use of agricultural chemicals ceased when the site was developed for residential use and subsequently these chemicals would have undergone biodegradation. DTSC experience indicates that pesticides and herbicides can persist in soils at levels that pose a health concem. Based on the information presented in the Initial Study, DTSC cannot eliminate the possibility that pesticides, herbicides, and other agricultural chemicals are present at the Site. The Initial Study does not present direct evidence (e.g., sail sampling results) to show Whether or not pesticides and herbicides are found at the Site and if biodegradation has occurred, There is no menficn of the degradation products of pesticides and herbicides (e.g., degradation products of DDT such as DDE), which may be hazardous substances. Metals such as arsenic, copper, and lead may be present at levels of concern due to the use of inorganic pesticides (i.e., inorganic chemical compounds containing these metals) or the use of fertilizers containing these metals as impurities. w Department of Toxic Substances Control S Printed on Recycled Paper =IBIT 20 VffVzjfLVVCS IV. iL rnn 0IV 04V 00 10 Ms. Sandy Bally July 9, 2006 Page 2 VJVVVI V11 Based on the past use of the Site as an orchard, DTSC strongly recommends that sampling be conducted to determine whether there are issues that will need to be addressed in the CEQA compliance document. Soils should be tested for potential contaminants, including organic pesticides and herbicides, their degradation products, and metals. If hazardous substances have been released, they will need to be addressed as part of this project. For example, if rernediation activities at the Site include the need for soil excavation, the CEQA compliance document should include: (1) an assessment of air impacts and health impacts associated with the excavation activities; (2) identrficatiort of any applicable local standards which may be exceeded by the excavation activities, including oust levels and noise; (3) transportation impacts from the removal or remedial activities; and (4) risk of public upset should be there an accident at the Site. DTSC and the Regional Water Quality Control Boards (Regional Boards) signed a Memorandum of Agreement, March 1, 2005 (K40A) aimed to avoid duplication-of efforts among the agencies in the regulatory oversight of investigation and cleanup activities at brownfield sites. Under the MOA, einyohe requesting oversight from DTSC or a Regional Board must submit an application to initiate the process to. assign the appropriate oversight agency. The completed application and site information may be submitted to either DTSC or Regional Board office in your geographical area, The application is available at http;llwww.calega.ca_gavlbrawnfefds/iVtQAfaor)lir tin.pdf. If you have any questions or would like to schedule a meeting, please contact Allan Fone of my staff at (510)540-3836. Thank you.in advance for your cooperation in this matter, Sincerely, due'r, qzsy~ Allan Fone, Ph.D., Project Manager Brownfields and Environmental Restoration Program Berkeley cc: Governor's Office of Planning and Research State Clearinghouse P. C. Box 3044 Sacramento, CA 95812-3044 Guenther Moskat CEQA Tracking Center Department of Toxic Substan6es Contmi P.O. Box 806 Sacramento, Califomle 95812-0806 GEIER & GEIER CONSULTING, INC. Memorandum To: Sandy Baily, Town of Los Gatos From: Valerie Geier Date: July 9, 2008 Subject: Clarifications Responding to CEQA-related Comments Submitted on the Initial Study and Mitigated Negative Declaration (MND) for Walker Medical Office Building Project, 14830 Los Gatos Boulevard and 14881 National Avenue, Negative Declaration ND-07-150 Prior to approving or denying a project, Section 15074(b) of the California Environmental Quality Act (CEQA) requires the decision-making body of the Lead Agency (Town Council) to adopt the proposed Mitigated Negative Declaration (MND) "only if it finds on the basis of the whole record before it (including the Initial Study (IS) and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the MND reflects the lead agency's independent judgment and analysis." Although CEQA does not specifically require that formal responses be prepared for any comments received on an IS/MND, we are providing the following clarifications in response to written comments received on July 9, 2008, prior to the close of the public review period. Neither these clarifications nor the comments raised identify any new significant impacts or require substantial revisions to the IS/MND. Therefore, recirculation of the IS/MND would not be required. Written comments were received on July 9, 2008 regarding this project from California Department of Transportation (Caltrans) and the California Department of Toxic Substances Control. These letters are attached to the Staff Report and comments are summarized below. Caltrans Comments Comments: Caltrans submitted comments on the Traffic Impact Study (TIS) and Initial Study/ Mitigated Negative Declaration (IS/MD), asking for clarification on the Town's Level of Service D threshold (#1), specific turn movements at certain study intersections (#3 and 4), the cumulative conditions scenario (#6), and the relationship between existing traffic volumes on National Avenue, roadway capacity, andproject contributions (#7). Caltrans also asked for addition of San Thomas Expressway to the Vicinity Map (#Z) and provision ofgeometric plans for the Medical Office Building driveway to the east of National Avenue and the additional northbound left-turn lane at the Samaritan Drive/National Avenue intersection. EXHIBIT 21 P.Q. Box 5054 - Berkeley, CA 94705-5054 510,044,2535 • 51.6.644.2534 iwx • www.geicrconsulting.coin Memo to Sandy Baily July 9, 2008 Page 2 of 3 Clarification: Requested clarifications to Caltrans' comments are provided as follows in the order presented in their letter: LOS D is the Town standard. VTA's (Santa Clara County) standard is LOS E. Since Town standard is higher (more stringent) than VTA's standard, LOS D is used in the TIS and IS/MND. 2. San Thomas Expressway is too far from the project site and thus not shown on the referenced map, 3. There is a commercial driveway that forms the east leg of the referenced T- intersection. Therefore, westbound traffic comes out of this driveway. 4. The stop-controlled approach is National Avenue. The reference to "one-way stop" on page 21 of the IS and page 11 of the MND can be deleted as it is not germane to the referenced impact discussion. 5. The geometric plan is being prepared by the applicant's civil engineer and will be provided to Caltrans. While this information will be relevant to the design of the intersection improvement that will be ultimately implemented by the City of San Jose, its design or configuration would not directly or indirectly affect the project design. 6. The cumulative conditions scenario is included in the TIS as "background plus project plus pending conditions". 11 7. The traffic volumes/capacity for National Avenue is elaborated on pager 12 of the TIS under "project trip distribution and assignment". Department of Toxic Substances Control (DTSC) Comments Comments: The DTSC disagrees with the IS's conclusion that the potential presence of agricultural chemicals is not a significant environmental concern because the use of these chemicals ceased when residences were constructed and these chemicals have degraded over time. DTSC indicates that the potential presence of pesticides, herbicides, and other agricultural chemicals cannot be completely eliminated. Clarification: The IS/MND indicates that the potential presence of these chemicals is low due to the time elapsed since their possible use on the project site. This conclusion is based on other Phase UII Environmental Site Assessments prepared for other development proj ects in the Los Gatos area. Howevef, to confirm the presence or absence of agricultural chemicals in site soils, the Town will require the applicant, as a condition of project approval, that the soils be tested to ensure public safety. However, until the need for remediation is determined and the nature and extent of remediation activities can be defined, the traffic, air quality, and noise impacts associated with any remediation activities cannot be determined and would be speculative at this time. The Phase I/II ESA will specify required remediation appropriate to the specific contaminants if they are found. The Town's condition of approval is as follows and would ensure that potential public health risks associated with the project would be less than significant: Memo to Sandy Baily July 9, 2008 Page 3 of 3 "Prior to project construction, a Phase DU Environmental Site Assessment shall be prepared to determine the presence of potential contaminants, including organic pesticides and herbicides, their degradation products, and metals. If any of these contaminants are found, the Phase FH ESA will specify required remediation appropriate to the specific contaminants. If any remediation is required, potential associated traffic, air quality, and noise impacts associated with the remediation activities will be subject to separate CEQA review." REQUIRED FINDINGS FOR 14881 National Avenue and 14830 Los Gatos Blvd Negative Declaration ND-07-150 General Plan Amendment GP-07-003 Zone Change Z-07-002 Consider a request for a General Plan amendment from mixed use commercial to office professional, and a zone change from C-1 to O. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN's 424-10- 017, 064 And 065 PROPERTY OWNER: Dr. Lee and Ms. Lee Walker APPLICANT: John Lien FINDINGS K All General Plan Amendments must be found to be internally consistent with the General Plan. ■ That the zone change is consistent with the General Plan. N:IDEVIFINDING5lnationai 148 81, te.doe ATTACHMENT 4 RESOLUTION NO. RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE GENERAL PLAN TO CHANGE THE DESIGNATION FROM MIXED USE COMMERCIAL TO OFFICE FOR PROPERTY AT 14830 LOS GATOS BOULEVARD WHEREAS, pursuant to Government Code Section 65353, the Town Council conducted a public hearing for consideration of amendments to the General Plan on 72008. WHEREAS, during this hearing, the Town Council considered the General Plan Amendment to change the land use designation from Mixed Use Commercial to Office for property at 14830 Los Gatos Boulevard. RESOLVED, the Town Council finds that (a) the proposed General Plan amendment is internally consistent with the existing goals and policies of the General Plan and its corresponding elements and (b) that all proceedings have been conducted in compliance with the provisions of Government Code Section 65350 et seq. RESOLVED, the Town Council hereby changes the land use designation of the General Plan as shown on Exhibit A from Mixed Use Commercial to Office. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of , 2008 by the following vote: COUNCIL MEMBERS AYES: NAYES : ABSTAIN: ABSENT: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:IDEVIRESOSILG 1483 0GPAMENDMENT.doc ATTAG& ENT 5 Clerk Administrator Mayor Exhibit A Approved by Town. Council Date: Ord. ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP FROM CH TO O FOR PROPERTY LOCATED AT 14830 LOS GATOS BOULEVARD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I The Zoning Map of the Town is hereby amended as shown on Exhibit A. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on, 2008, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on , 2008. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:IDEVIORDSVg 14830.ze, doe ATTACHMENT 6 Approved by Town Council Date: Ord: Clerk Administrator Mayor Exhibit A Forwarded by Planning Commission Date: 19108