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Albright Way MND-Online VersionAPRIL, 2011 1 N O T I C E 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: 90-160 Albright Way and 14600 Winchester Boulevard Planned Development Application PD-10-005 Mitigated Negative Declaration ND-11-004 PROJECT DESCRIPTION: The project applicant proposes to rezone the property by modifying the existing Planned Development “CM:PD” (Controlled Manufacturing with a Planned Development overlay zone; see Figure 4 of the Initial Study), which would allow for redevelopment of the site for expanded office use or to a mix of office and residential land uses. According to Section 29.80.080 of the Town Municipal Code, the purpose of the PD or Planned Development overlay zone is to provide for alternative uses and developments more consistent with site characteristics than are allowed in other zones, and so create an optimum quantity and use of open space and encourage good design. The PD zone permits establishment of a single use or the integration of several uses not ordinarily possible, but only if the use and development are in compliance with a complete development plan showing relationships of the use or uses to each other, to the district as a whole, and to surrounding areas. The development proposed for the project site may consist of office only, or a mix of office and multi- family/senior residential uses. The project could include up to a maximum of 550,000 square feet (s.f.) of office space or a combination of less office space with residential uses. Residential uses could include up to a maximum of 516 multi-family units or up to a maximum of 600 senior units. The specific design and final mix uses for each phase of the project would be determined at the Architecture and Site review stage, and any combination of uses authorized by the PD zoning may be approved up to the stated maximums, subject to the Residential Development Triggers described below, provided that the combination of uses does not result in new or substantially more severe environmental impacts than disclosed in the Initial Study/Mitigated Negative Declaration for the project. If the combination of uses does result in new or substantially more severe environmental impacts than discussed in the Mitigated Negative Declaration for the project, then appropriate CEQA review shall be required prior to Architectural and Site Approval, but no amendment to this PD Zoning shall be required as long as the stated maximums for each individual use are not exceeded. Section 29.80.110 of the Town Zoning Ordinance indicates “all uses or combinations thereof to the extent specified in the official development plan shall be permitted in the PD or Planned Development overlay zone.” The project applicant has identified the following types of uses in the proposed development plans for the project site: MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 2 Permitted Uses § Office, including corporate, administrative, business, and professional offices § Light manufacturing, light assembly, research and development, wholesaling, warehousing, and other light industrial uses (including indoor storage of materials and products) § Ancillary office-serving retail comprising not more than 10 percent of the total allowed office area for each Architectural and Site Approval § Office-serving uses designed to primarily serve those employed at the site or visiting the site for business purposes, such as: recreational facilities; conference and training facilities; restaurants, cafeterias and other eating establishments; health and wellness facilities; and ancillary uses such as on-site banking, ATMs, private post offices, personal services (such as dry cleaning pick up) and similar support uses § Multi-family residential (for sale and/or rental) § Senior Housing including without limitation, independent living, assisted living, skilled nursing, as well as Continuing Care Retirement Community and or Residential Care for the Elderly, including full food service and the sale of alcohol § All uses permitted in the R-M, CM, and O zones Conditional Uses § Except as otherwise specifically permitted above, all conditional uses in the R-M, CM and O zones Based upon the permitted uses identified in the development plan, the project applicant proposes to apply certain development standards for the various individual or combined uses to be constructed on the project site. The proposed uses and applicable standards would be as follows: Office/R&D § Up to 550,000 square feet § Parking to have minimum 3.3 stalls per 1,000 s.f. of occupied space § Setbacks vary based on height and location of the project site as shown in Figure 5 of the Initial Study § Maximum structure heights as shown in Figure 6 of the Initial Study Senior Housing § Up to 750,000 square feet § Up to 600 senior (assisted or independent) units, or a combination thereof, and substantial ancillary uses § Parking to be one and one half (1½) spaces per independent living unit and 0.3 spaces per assisted living unit § Setbacks vary based on height and location of the project site as shown on Figure 5 of the Initial Study § Maximum structure heights as shown in Figure 6 of the Initial Study Multi-Family Residential § Up to 516 units per the RM5-20 zoning designation. Multi-family residential at densities up to 20 units per net acre for market rate and up to 24 units per net acre if affordable units are included. The entire project site (+/- 21 acres) could be utilized to calculate the allowable multi-family residential density, notwithstanding the reservation of land for office uses in accordance with the Residential Development Triggers (see below). § Parking to be one and one-half (1½) times the number of one-bedroom units, two (2) times the number of two-bedroom units and two (2) times the number of three-bedroom units MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 3 § Setbacks vary based on height and location of the project site as shown in Figure 5 of the Initial Study § Maximum structure heights as shown in Figure 6 of the Initial Study Residential Development Triggers. The project proposal includes two mechanisms directing the implementation of residential development on the subject property. Until the earlier occurrence of (i) issuance by the Town of a building permit for at least 200,000 square feet of new office development on the Property (the "Office Trigger"), or (ii) 30 months after the effective date of the Planned Development (PD) Zoning Ordinance for the Property (the "Phasing Trigger"), the Town only will process Architectural and Site Approval and associated entitlements for new office development on the Property. Upon satisfaction of the Office Trigger, whether satisfied before or after the Phasing Trigger, the Town would complete the Architecture and Site review process and associated entitlements for the project site for any uses or combination thereof permitted by the PD Zoning, up to the maximum amounts permitted by the PD Zoning, provided that land areas on the site approved for non-office uses do not exceed the land area of the project site remaining after deducting the land area that is the subject of the approved building permit for office uses. Upon satisfaction of the Phasing Trigger, the Town would complete the Architecture and Site review process and associated entitlements for the project site for any uses or combination thereof permitted by the PD Zoning, up to the maximum amounts permitted by the PD Zoning, provided that the land areas on the site approved for non-office uses do not exceed 50 percent of the total land area of the project site. Project Development Scenarios. For purposes of environmental analysis, the project applicant has developed four illustrative development scenarios (Scenarios 1 through 4) that represent examples of development that could occur on the project site. Two of the scenarios entail partial or complete replacement of the existing office buildings on the project site with new office buildings. The development proposal would reconfigure some or all of the office buildings on the property, replacing individual single-story office/R&D buildings with fewer 3- to 5-story office buildings and associated parking structures. In addition to the two all-office building scenarios, the project plans indicate that mixed-use development may occur on the project site. Two potential scenarios for mixed use on the site include the replacement of existing office uses with new office space and multi-family units, or new replacement office buildings and senior housing. The following discussion provides additional details about the four illustrative development scenarios considered in this Initial Study. Scenarios 1, 3, and 4 represent maximum buildout configurations for the uses proposed under each respective scenario. Scenario 1: Maximum Office-Only Project. The first scenario involves the replacement of all office uses on the project site with new and more office space. The proposed project would remove approximately 250,000 s.f. of existing office space and construct 550,000 s.f. of new office space in five buildings. Four of the new office buildings (Buildings A through D) would be generally located within the center of the site currently occupied by buildings 100 through 160 Albright Way. The Albright Way loop road would be eliminated to accommodate the four office buildings and new driveways encircling the structures. The driveways would serve both parking lots and two new parking garages extending along the northern boundary of the project site. A fifth office building (Building E) could be constructed on the southern part of the site, immediately south of the Albright Way entrance to the business park. Also, a third parking garage would be built to the east of Building E, supplementing parking lots adjoining the building to the south and west. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 4 The existing driveway entrance serving 14600 Winchester Boulevard would remain and Figure 7 of the Initial Study presents an example of one potential design for the Maximum Office-Only Project. However, Mitigation Measure TRA-1 would require that the existing Albright Way intersection with Winchester Boulevard be modified to allow right-in and right-out turns only and a new signalized, full access intersection be provided approximately 200 feet south of Albright Way. Figure 8 of the Initial Study and represents an access design that would be consistent with access improvements outlined in Mitigation Measure TRA-1 of this report. Under this design, realignment of the Albright Way entrance would be required for improved traffic access purposes, with the main entrance to the project relocated to the south and aligned with the existing driveway for the Courtside Club, on the west side of Winchester Boulevard. For this project design, all five new buildings would be located in the center of the project site with a loop driveway providing access to new parking lots, two new garage structures on the northern perimeter of the site, and the third parking garage on the southern boundary of the property. The existing driveway serving 14600 Winchester Boulevard would remain as a second auxiliary driveway entrance (right-in, right-out only). Scenario 2: Reduced Office-Only Project. A second scenario for Office-Only development on the project site would entail a partial replacement of existing office space on the property with new office buildings. Approximately 109,000 s.f. of existing office space would be demolished and replaced with 200,000 s.f. of new office space, while approximately 141,000 s.f. of existing office space would remain on the site. This scenario would result in an overall increase of approximately 91,000 s.f. of office space for a total of approximately 331,000 s.f. on the site. This scenario would also involve the realignment of Albright Way on the project site to be consistent with access improvements outlined in Mitigation Measure TRA-1 of this report. . Figure 9 of the Initial Study shows potential project designs for this scenario and possible phasing for the development of the new office buildings while existing office operations continue to function on the property. The three construction scenarios include retention of the existing Albright Way entrance to the site. It is reconfigured, however, to restrict turning movements to right-in and right out only. The three project design layouts on Figure 9 of the Initial Study also present a phasing process for the development of incrementally larger project scenarios that could be developed on the site. In particular, the phasing process could accommodate variations of the Reduced Office-Only Project scenario that would allow continued office use of the project site while new office space is constructed. The phasing sequence portrayed in this figure also includes the Maximum Office-Only buildout scenario (Scenario 1). In addition to the Office-Only Project scenarios, the proposed PD zoning designation would permit the development of alternate uses in addition to new office buildings. Potential alternate uses include multi- family residential and senior housing development. Scenarios 3 and 4 would encompass the development of new office space on a portion of the project site, with multi-family residential and senior housing, respectively, on the remaining part of the property. Scenario 3: Multi-family and Office Development. This scenario would involve the demolition of the office buildings on the project site and construction of 200,000 s.f. of office space in two new buildings on the northern part of the property (approximately 10.5 acres). Access to office uses would be from the existing Albright Way entrance and an additional access driveway at the southwestern project boundary would provide a second access to residential development. In addition to the two new office buildings, the project would develop two parking structures on the northern perimeter of the site along with adjoining surface parking lots. The southern part of the project site (approximately 11 acres) would be developed with up to 516 multi-family units. The multi-family units could be for sale or rental. Figure 10 of the Initial Study presents a potential project design for this Scenario 3. Multi-family residential use could include both market rate and affordable units on the project site. The multi-family units could be developed per the RM-12:20 zoning designation, with densities up to 20 units per net acre for market rate units and up to 24 units per acre if affordable units are included. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 5 Scenario 4: Senior Housing and Office Development. Similar to Scenario 3, this development scenario would entail demolition of all office buildings on the subject property and the construction of 200,000 s.f. of new office space in two new buildings on the northwestern portion of the site. Access would be from the existing Albright Way entrance and an additional access driveway at the southwestern project boundary would provide a second access to the senior housing development. In addition to the two new office buildings, the project would develop one parking garage in the northwestern corner of the site along with adjoining surface parking lots. The southern (Area 1) and eastern (Area 2) parts of the project site, consisting of about five and eight acres respectively, would be developed with up to 600 senior housing units. Figure 10 of the Initial Study presents a potential project design for Scenario 4. In addition to the four development scenarios presented in Figures 7 through 10 of the Initial Study, the project plans include representative east-west cross-sections at the northern parking garages, and at two of the proposed office buildings (Buildings B and C). Figure 11 of the Initial Study presents these cross- sections of project site and indicates the locations of the new office buildings and parking garages relative to Winchester Boulevard, the railroad tracks, and Los Gatos Creek Trail. Circulation and Parking. The proposed PD zoning would allow for the reconfiguration of on-site circulation and parking to accommodate the various development scenarios that could be implemented as part of the project. In order to provide for appropriate access and parking, the existing Albright Way loop road would be abandoned and replaced by access driveways to on-grade parking lots and proposed parking garages on the north side of the property. Portions of the existing Albright Way would be maintained for access during the phasing of new development in conjunction with ongoing operation of office buildings that could be retained on the site under certain scenarios. An expansion of office uses on the project site would require the development of additional parking facilities on the project site. The extent of new parking facilities required for the project would depend upon the specific development scenario implemented on the site. The following parking standards are proposed for the allowed uses on the project site: § Office/Research and Development: Minimum 3.3 stalls per 1,000 s.f. of occupied space § Multi-family Residential: 1.5 parking spaces for one-bedroom units, and 2 spaces for each two- bedroom and three-bedroom unit § Senior Housing: 1.5 spaces per independent living unit and 0.3 space per assisted living unit The proposed project would also promote alternate modes of transportation. Figure 12 of the Initial Study presents a pedestrian circulation diagram for the proposed project and identifies existing and future transit facilities in the project area. Landscaping. As part of past development projects, the subject property has been extensively landscaped with trees, shrubs, and ground cover surrounding the office buildings on the site. A tree survey and inventory for the project site was prepared for the property and indicates that there are 440 trees on the site. The development scenarios permitted under the PD zoning proposal would require the removal of extensive plantings in the interior of the property as part of demolition and grading to accommodate proposed new office and potential residential structures. Except for the removal of ?? trees for the construction of a new entry on Winchester Boulevard, trees on the perimeter of the property would be retained and protected to ensure appropriate screening from residential neighborhoods adjoining the project site (e.g. Charter Oaks neighborhood). The proposed development scenarios would include the replacement of landscaping that would be removed as a result of project implementation. Figure 13 of the Initial Study shows a representative conceptual landscaping plan for proposed the office development scenario (Scenario 1). The Conceptual Landscape Plan in Figure 13 of the Initial Study includes a proposed tree removal mitigation schedule to address the loss of landscape trees on the site. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 6 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 The project site is situated at the southeast quadrant of the State Route 85 (SR 85) and Winchester Boulevard freeway interchange. Existing views of the project site are principally available from Winchester Boulevard to the west of the subject property, SR 85 immediately north of the project site, residences in the Charter Oaks neighborhood to the south, and the Los Gatos Creek Trail and Bonnie View Mobile Home Park adjoining the property to the east. The subject property is developed as the Los Gatos Business Park and consists primarily of one- and two- story office buildings used for research and development operations. The project site is extensively landscaped with trees on its perimeter, and internally between the buildings and parking lots. The perimeter landscape trees generally provide screening for the site from surrounding uses and public views. Existing landscaping along the western and southern site boundaries currently screen views of the site such that distant views of the site from surrounding areas are not available. Therefore, views of the site from Winchester Boulevard and SR 85 are not available until the viewer is almost adjacent to the site. The section of the SR 85 freeway located adjacent to the northern boundary of the project site is sub- grade. Screening landscape trees on the project site’s northern boundary are spaced farther apart. Consequently, buildings (141 Albright Way) on the site are more conspicuous from vantage points on the SR 85 freeway and the section of Los Gatos Creek Trail north of the freeway. In order to characterize the views of the project site from adjoining and nearby areas, the project plans include representative views of the property from various locations around it. Critical viewpoints in the site vicinity are considered to be locations where the site is most visible from public viewing areas (i.e., where it would be most visible to the greatest number of people). For the project site, critical viewpoints were determined to be from Winchester Boulevard from both the northbound and southbound approaches to the site, the SR 85 freeway, the Charter Oaks neighborhood, and the Los Gatos Creek Trail. Figure 14 of the Initial Study presents a key to viewpoint locations that were selected for evaluation as part of this study. As shown in this figure, Viewpoints 1, 2, and 4 are located on Winchester Boulevard and Viewpoints 3 and 5 are from SR 85 (with View 2 also situated at the end of SR 85 off-ramp at Winchester). Viewpoints 6 through 8 are situated on Charter Oaks neighborhood residential streets, while Viewpoint 9 is located nearby on the Los Gatos Creek Trail. Existing views of the site from these locations are shown in Figures 15 through 17 of the Initial Study. Views of the project site from Winchester Boulevard to the west (Figure 15 of the Initial Study, Views 1 and 2) are obscured by the railroad crossing and landscape trees along Winchester Boulevard. View 2 is from the intersection of Winchester Boulevard and the southbound SR 85 off-ramp, but is also representative of site views from the Winchester Boulevard intersection with Smith Ranch Court immediately to the south. Views available from the parking lot of the adjacent Courtside Club are screened by the landscape trees on both the east and west sides of Winchester Boulevard. The Santa Clara County Fire Department building and mature landscape trees between the two properties block views of the project site from the southwest. View 3 of Figure 15 of the Initial Study shows the view toward the project site from the southound lanes of SR 85. Local terrain adjoining the subgrade MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 7 freeway alignment and landscape trees along Winchester Boulevard also obscure the view from the freeway northwest of the site. Intermediate views of the project site from the north along Winchester Boulevard include the screened northern façades of the 131 and 141 Albright Way buildings (Figure 16 of the Initial Study, View 4). As indicated above, these building walls are also visible to motorists on SR 85 (Figure 16 of the Initial Study, View 5), with the most exposure to viewing when vehicles are directly adjacent to the site. At freeway speeds, views of the site from both directions of SR 85 would be very brief. Distant views for southbound travelers on Winchester Boulevard include ridgelines of the Santa Cruz Mountains. Views of the site are available from Winchester Boulevard, the SR 85 freeway, the Charter Oaks neighborhood, and the Los Gatos Creek Trail. However, terrain and existing vegetation limit opportunities for scenic vistas from adjacent areas (views over or beyond the site) to one viewpoint location on Winchester Boulevard and one on SR 85 (Views 4 and 5, Figure 16 of the Initial Study). From View 4, distant views of mountains to the south are available beyond existing trees on the site. Discontinuous views of the Santa Cruz Mountains are available from View 5. Views 6, 7, and 8 (Figures 16 and 17 of the Initial Study) are toward the project site from Charter Oaks Drive and Willow Hill Court. As shown, views of the project site from these residential streets are obscured by mature landscape trees on the project site and adjoining residential properties. Project site trees along its perimeter with the Charter Oaks neighborhood properties range from 12 to 60 feet in height, with a majority of the trees reaching heights of approximately 45 to 50 feet. Existing trees along this southeastern perimeter provide effective screening of site facilities from nearby residences. Landscape trees along the site’s eastern boundary with the Los Gatos Creek Trail are intermittently spaced and generally range in height from about 12 to 20 feet in height. View 9 in Figure 17 of the Initial Study shows the 151 Albright Way building, the parking lot to the east of this building, and the 141 Albright Way building from the trail. As seen in the figure, views of the project site from the trail are of these two buildings, adjoining parking lots, and site landscape trees that filter views of buildings farther removed from the trail vicinity. Trees lining the site’s eastern boundary with the trail support an extensive canopy that filters overhead views toward the site while allowing direct views of parking lots and one- story office buildings. Scenic Vistas – All Scenarios. All of the development scenarios under consideration include new office space to some extent, either replacing all of the existing office uses or in conjunction with existing office buildings, new multi-family housing, or senior housing. For the purposes of evaluating the visual and aesthetic effects of these scenarios, the following analysis assumes that the level of proposed development would require the construction of four- to five-story structures on the project site as indicated for Scenario 1. Structures may be for office space, residential units, or some combination of these commercial and residential uses. Proposed configurations of development scenarios would entail development of multi- story structures in the central portion of the project site with required parking lots and garages surrounding the office/residential structures. Development of the all-office plan (Scenario 1) serves as the basis for evaluating the potential effects of expanded office use on the project site. Figures 18, 19, and 20 of the Initial Study present Views 1 through 9 with photosimulations of project development on the subject property. As described above, there are two vantage points that provide distant scenic views in the project area. Views 4 and 5 from Winchester Boulevard and SR 85, respectively, provide some distant scenic vistas of the Santa Cruz Mountains. These vistas would be affected by the development of four- to five-story buildings on the project site. As can be observed in Figure 19, View 4, the two northernmost office buildings that could be developed on the site would be visible from the southbound lanes of Winchester Boulevard, north of SR 85. These two new structures would replace the existing one-story buildings (131 and 141 Albright Way) on the site. Due to the location of the site relative to Winchester Boulevard, the terrain of the Santa Cruz MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 8 Mountains, and the property’s mature landscaping, proposed Building C’s roofline height would be below the distant mountain ridgeline and existing and future landscaping would partly obscure views of the new building. Consequently, this or a similar structure in the northeastern corner of the project site would not block scenic views of the Santa Cruz Mountains. The development of a similarly scaled office building, Building B, in the northwestern corner of the project site would be physically closer to Winchester Boulevard and from the street, the proposed building would appear more substantial the existing building to be removed. As seen in View 4 of Figures 16 and 19 of the Initial Study, Building B would replace existing landscape trees that currently obscure skyline views past the project site. As a result, the scenic view of the distant Santa Cruz Mountains, as presently blocked by landscape trees on the site, would continue to be obscured but instead by the new office building, and there would be no reduction in views to the distant Santa Cruz Mountains. It should be noted that the development scenarios include the construction of parking garages along the northern perimeter of the site, adjoining SR 85. These parking garages would be three levels and notably lower than the office buildings immediately south (and behind) the garages. Consequently, the dominant structural heights affecting views from Winchester Boulevard to the southeast toward the mountains would be those of Buildings B and C. The second scenic vista that could be potentially affected by the development of office buildings on the project site is also of the Santa Cruz Mountains from the northbound lanes of SR 85, as shown in View 5, Figures 16 and 19 of the Initial Study. In this view, the mountains are seen at a greater distance and appear lower on the horizon. The view of the project site consists of a peripheral view of Building C beyond the northeast parking garage, landscape trees along the northern site boundary, and the northwestern parking garage. The ridgeline of the Santa Cruz Mountains is marginally visible to the south of the freeway, with landscape trees obscuring the ridgeline to the southwest. As with the southern view from Winchester Boulevard, the façade of Building C would replace existing landscaping on the site and obscure the view to the southern ridgeline. However, the scenic focal point for travelers on SR 85 is the mountain ridgeline on the distant low horizon in the direction of travel. Consequently, the development of the four- to five-story structures would have a less-than-significant effect on a scenic vista as seen from SR 85. The evaluation of the proposed development’s potential effects on scenic vistas indicates that the new office buildings would replace views of mature landscape trees with building façades, and that these buildings would have a less-than-significant effect on the view of the Santa Cruz Mountain ridgeline to the south of SR 85. The obstruction of the side view toward the ridgeline would be limited and, at freeway speeds, views of the site from both directions of SR 85 would be very brief. Scenic Resources Within a State Scenic Highway – All Scenarios. The project site adjoins southbound lanes of State Route 85. Landscape trees along the northern site perimeter filter the views of the project site from this freeway. In addition, the freeway adjacent to the property is subgrade and situated approximately ten feet below the site. State Route 85 is not a State-designated scenic highway and the proposed development scenarios would not affect scenic resources within a state scenic highway. Visual Character – All Scenarios. The project site is located in the Vasona Light Rail area as defined in the Vasona Light Rail (VLR) Element of the 2020 General Plan. The EIR for 2020 General Plan identifies policies in both the Land Use and Community Design Elements that would mitigate impacts related to visual degradation of nonresidential areas. Policy LU-8.1 ensures that new development preserves and promotes existing commercial centers consistent with the maintenance of a small-scale, small-town atmosphere and image. Goal CD-8 enhances and protects the functionality and appearance of the Town’s commercial areas. Policy CD-8.1 encourages the preservation of the appearance and function of the industrial areas and the visible labor and products of labor that are evident there. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 9 The proposed development scenarios would modify the views of the subject property from Winchester Boulevard, SR 85, and the Los Gatos Creek Trail. Changes to the visual character of the project site would be less conspicuous from the Charter Oaks residences, particularly those located south of the project site between the Santa Clara County Fire Department property and Charter Oaks Drive. As shown in Figure 14 of the Initial Study, the viewpoints (Views 6, 7, and 8) located at Charter Oaks Drive and Willow Hill Court were selected as representative of public views from the residential neighborhood; these vantage points were used to determine the potential visual effects of the proposed office buildings on the adjoining residences. The configuration of proposed office buildings, parking lots, and parking garages indicated in Figure 14 of the Initial Study demonstrates that project plans would maximize the distance between the Charter Oaks neighborhood and the new buildings while maintaining required setbacks from Winchester Boulevard and other adjoining uses, e.g. SR 85. With respect to visual character of the project site after the development of the new office buildings, View 6 in Figure 19 of the Initial Study and Views 7 and 8 in Figure 20 of the Initial Study show post- construction views of the subject property. The scenes in these views are based upon the assumption that Charter Oaks residents and the project site owners preserve and maintain the existing tree screening that occurs on both sides of the common property lines. The project applicant has indicated that the proposed development plans will include the preservation of the existing trees along the site’s southeastern boundary with the Charter Oaks residences; the memorandum demonstrating this intent is included as Attachment 1 of the Initial Study. The Town’s consulting arborist concurs with these provisions for tree preservation. Views 6, 7, and 8 in Figures 19 and 20 of the Initial Study are similar to the same views in Figures 16 and 17 of the Initial Study. The proposed five-story structures would not be visible from these vantage points principally due to the distances from the Charter Oaks neighborhood and height of intervening landscape trees along the common property lines. In particular, it should be noted that buildings at 100 and 151 Albright Way would be demolished and replaced with grade level parking lots in those locations. Additionally, the two-story buildings at 14600 Winchester Boulevard and 90 Albright Way would be demolished and replaced with a three-level parking garage. The parking structure would be setback from the existing sloped landscape area on the project site to preserve the screening effects of mature trees on the project site. The project plans indicate that the three-level parking garages would range from approximately 18 to 25 feet in height, depending on local grading on the site. Screening landscape trees along this property line are approximately 40 to 50 feet in height. Consequently, the preservation and maintenance of existing landscape trees along the southeastern property line would preserve the existing visual character of the project site from the Charter Oaks neighborhood. As discussed above, the siting of proposed Buildings A, B, and E in the center of the project site, removed from the Charter Oaks neighborhood, would result in the buildings being located in closer proximity to Winchester Boulevard. Views 1, 2, and 4 in Figures 18 and 19 of the Initial Study present photosimulations of proposed office buildings as they would appear from southbound lanes of Winchester Boulevard. The principal visual effect from the new office development would be the appearance of relatively large commercial structures as replacements for the one-story structures that are presently on the site. The view of the buildings’ mass and bulk would be partially moderated by the intervening setback area on the site; this area would be used for surface parking lots to be located between the new buildings and Winchester Boulevard. In addition, landscape trees along Winchester Boulevard in the vicinity of Building A would also be preserved to retain their screening effects. As shown in Views 1 and 2 of Figure 18 of the Initial Study, the existing row of trees along Winchester Boulevard would obscure views of the lower levels of the new office buildings. However, due to the spacing of the landscape trees and types of trees planted, the upper floors of the office buildings would be visible from Winchester Boulevard. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 10 Similar to the views of the project site from the southern approach on Winchester Boulevard, views of existing one-story structures (131 and 141 Albright Way) on the project site from the northern approach (View 4, Figure 19 of the Initial Study) would change to views of five-story structures with increased mass and bulk (Buildings B and C). As with the views from the southern Winchester Boulevard approach, the views from the Vasona Junction vicinity to the north would also be partially moderated by the three- level parking garages proposed along the northern perimeter of the site and landscaping planned for the project site. These two project elements would block views of the buildings’ lower levels; however, due to the types of existing landscape trees along the northern site boundary, the upper floors would remain visible from southbound Winchester Boulevard. The existing uses along Winchester Boulevard include the Courtside Club across Winchester Boulevard from the southern part of the project site, and residences on Smith Ranch Court to the north of the Courtside Club. Vacant lands occur on either side of the SR 85 southbound off-ramp, which ends at Winchester Boulevard (View 2, Figure 18 of the Initial Study). Heights of residential and commercial structures in the project vicinity range from approximately 15 feet for single-story residences to approximately55 feet for the Netflix development on Winchester Boulevard immediately north of SR 85. All proposed development scenarios for new office buildings on the project site would entail four- to five- story commercial buildings. There are no specific details for the scale of residential buildings that would be constructed for multi-family or senior residential uses under Scenarios 3 or 4. In order to assess the most extensive visual effects that may occur from all of the development scenarios, potential residential uses on the project site are assumed to involve structures similar in scale to the new office buildings, as depicted in Figures 18, 19, and 20 of the Initial Study. Figure 6 of the Initial Study shows potential building heights for proposed four- and/or five-story structures on the project site. Development scenarios that would entail the construction of five-story structures for office and/or residential uses on the property would introduce building heights of up to 74.5 feet to the site. An additional ten feet for mechanical equipment and screening would increase the overall structure height to 84.5 feet. Overall, this height along with the mass and bulk of the proposed structures would differ substantially from existing building heights in the project vicinity. The mass and bulk of the proposed office buildings would differ from that of the Courtside Club facilities to the southwest of the project site; additionally, the proposed project’s buildings would be more than twice the height of the Club buildings. The VLR Element of the 2020 General Plan applies to future development within the VLR area, which includes the project site. The VLR Element identifies a guiding philosophy for development within this part of Los Gatos. For the project area, “development should be community-, pedestrian- and transit- oriented, and designed and scaled to maintain a small-town character.” The proposed project scenarios would be consistent with this approach to land use planning to the extent that the new development would be oriented toward enhancing commercial and/ residential facilities in the community, locating such facilities in proximity to future transit improvements, and providing access to transit and pedestrian facilities. However, with the introduction of buildings approximately 70 to 85 feet in height, the scale of this new office development would be approximately 27 to 55 percent higher than the tallest commercial or residential structures in the project vicinity. The development proposal of this scale and mass would not conform to the intent of the VLR Element’s stated philosophy to maintain a “small-town character” for the community, and therefore, would have a potentially significant effect on the site’s visual character. However, implementation of Mitigation Measure AES-1, which would restrict maximum building heights to be similar to adjoining commercial and residential development in the project vicinity, would reduce this impact to a less-than-significant level. The proposed development scenarios would also have a direct effect on the views of the project site from the Los Gatos Creek Trail. View 9 in Figure 17 of the Initial Study shows a representative existing view of the project site from the Trail while the same view in Figure 20 of the Initial Study presents a photosimulation of the proposed Building C and adjoining three-level garage. The all-office scenario MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 11 would remove the one-story office building at 151 and 141Albright Way and replace these with surface parking and new Building C. This new office building would be set back farther from the Trail than 151 Albright Way; however, the Building C would be a five-story structure with greater visibility from the trail and the three-level parking structure façade would be situated closer to the Trail than the existing building at 141 Albright Way. These elements of the development scenarios would have a significant effect on the visual character of the project site as seen from the Los Gatos Creek Trail. However, implementation of Mitigation Measures AES-2 and 3, which would require retention of existing trees along the northern boundary and early establishment of more landscape trees for more effective visual screening, would reduce this impact to a less-than-significant level. Light or Glare – All Scenarios. Existing office buildings on the project site are equipped with exterior lighting. All proposed development scenarios would introduce a new source of nighttime lighting. There would be exterior wall-mounted light fixtures on the proposed office buildings and in parking areas. Nighttime lighting would not significantly affect any adjacent uses. The closest uses that would be affected by nighttime lighting would be the residential uses to the south in the Charter Oaks neighborhood and to the west across Winchester Boulevard. Proposed retention of existing trees along site boundaries and planting of additional landscape trees combined with the separation between residences, the Los Gatos Creek corridor, and the project site would reduce the potential for significant disturbance due to nighttime lighting. In addition, final plans will need to satisfy Town Code Section 29.10.09035, which prohibits the production of direct or reflected glare (such as that produced by floodlight onto any area outside the project boundary). Mitigation Measures – Aesthetics (AES). The following measures shall be implemented by the project applicant under all Project Scenarios to reduce the project’s visual quality impacts to less-than-significant levels. AES-1: Limit Visibility. In order to be consistent with the scale and heights of adjoining commercial and residential development in the project vicinity, support the objectives and policies of the General Plan’s VLR Element, and maintain the small-town character of the community, the proposed project configuration shall implement one or both of the following measures: a. Future office and residential structures shall be limited to a height that ensures a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines from Winchester Boulevard and State Route 85; and/or b. Future office and residential structures shall be situated and designed to minimize visual effects on the travelling public, adjacent residents, and nearby commercial uses. The selected project scenario shall include a design that incorporates a combination of buildings with various rather than uniform heights; building design features such as articulation of façades, appropriate fenestration treatment, and similar architectural elements; and a landscaping plan that includes tree species with appropriate height potential to maximize screening of the proposed buildings’ upper floors. AES-2: Tree Screens. Existing landscape trees along the northern boundary should be retained to the maximum extent possible to more quickly provide screening from SR 85 and the Los Gatos Creek Trail. AES-3: Landscape Plantings. Proposed landscape plantings shall be initiated during the preliminary phases of the any approved development scenario in order to maintain and enhance the screening of project site facilities from residents in the Charter Oaks neighborhood and recreationists using the Los Gatos Creek Trail. In the event that the applicant is responsible for the planting of more replacement trees than can be accommodated on the project site, the project applicant and Town will consider opportunities for the planting of native riparian plant species, including trees, within the Los Gatos Creek riparian zone. These efforts will need to be MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 12 coordinated with the Santa Clara Valley Water District, which has jurisdiction over the creek and adjoining riparian areas. Mitigation Monitoring. Prior to issuance of any Tree Removal Permit(s), the Directors of the Parks and Public Works and Community Developments shall be responsible for ensuring that these measures are incorporated into plans and specifications, and properly implemented during project construction. 2. Agriculture and Forestry Resources All Scenarios. The project site is currently developed with ten research and development office buildings with approximately 246,500 s.f. of space. The site’s agricultural potential is low due to existing on-site development as well as surrounding development. State farmland mapping shows the project site as “Urban and Built-Up Land,” indicating that this land has already been converted to non-agricultural use. There are no existing agricultural or forestry uses/operations at or adjacent to the site. 3. Air Quality A detailed Air Quality Impact Assessment was completed by RBF Consulting in March 2011 and is included in Attachment 2 of the Initial Study. Modeling data included in Appendix A of the Air Quality and Greenhouse Gas Assessment are available for review at the Town Community Development Department and online at http://www.losgatosca.gov/. Air Quality Planning. The EPA is responsible for implementing the Federal Clean Air Act (FCAA), which was first enacted in 1955 and amended numerous times after. The FCAA established Federal air quality standards known as the National Ambient Air Quality Standards (NAAQS). These standards identify levels of air quality for “criteria” pollutants that are considered the maximum levels of ambient (background) air pollutants considered safe, with an adequate margin of safety, to protect the public health and welfare. The criteria pollutants are ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2, which is a form of nitrogen oxides [NOx]), sulfur dioxide (SO2, which is a form of sulfur oxides [SOx]), particulate matter less than 10 and 2.5 microns in diameter (PM10 and PM2.5, respectively), and lead (Pb); refer to Table 2 of the Initial Study). The California Air Resources Board (CARB) administers the air quality policy in California. The California Ambient Air Quality Standards (CAAQS) were established in 1969 pursuant to the Mulford- Carrell Act. These standards, included with the NAAQS in Table 2 of the Initial Study, are generally more stringent and apply to more pollutants than the NAAQS. The BAAQMD is responsible for attaining and/or maintaining air quality in the Basin within Federal and State air quality standards. Specifically, the BAAQMD has the responsibility to monitor ambient air pollutant levels throughout the Basin and to develop and implement strategies to attain the applicable Federal and State standards. In June 2010, the BAAQMD adopted CEQA thresholds of significance and updated its CEQA Air Quality Guidelines, which provides guidance for assessing air quality impacts under CEQA. The San Francisco Bay Area Air Basin is classified by the Bay Area Air Quality Management District (BAAQMD) as non-attainment for ozone and inhalable particulates (PM10). To address these exceedances, the BAAQMD, in cooperation with the MTC and ABAG, prepared the Bay Area 2005 Ozone Strategy (BAOS) in September 2005 and Particulate Matter Implementation Schedule (PMIS) in November 2005. The PMIS discusses how the BAAQMD implements the California Air Resources Board’s 103 particulate matter control measures. In September 2010, the BAAQMD adopted the 2010 Bay Area Clean Air Plan (CAP), which updates the BAOS. The 2010 CAP is a multi-pollutant, risk-based “one atmosphere” approach that considers co-benefits (or impacts) across the full spectrum of pollutants. The 2010 CAP contains 55 control measures designed to improve air quality, protect public health, and reduce combustion-related GHG emissions. The broader scope of the CAP allows for the MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 13 inclusion of a wide array of BAAQMD initiatives (climate protection, wood smoke abatement, air toxics, etc.) into the planning process rather than focusing on ozone alone. The most recently adopted air quality plan in the Basin is the 2010 Bay Area Clean Air Plan (Clean Air Plan). This Clean Air Plan outlines how the San Francisco Bay Area will attain air quality standards, reduce population exposure and protect public health, and reduce GHG emissions. The consistency of the proposed project with the most recently adopted regional air quality plan, the CAP, is determined by comparing the project’s consistency with the Los Gatos 2020 General Plan, which was also adopted in September 2010. Since the CAP is based on the Town’s General Plan in effect at the time the CAP was approved, consistency of the project with the 2020 General Plan would indicate consistency with the 2010 CAP. Scenario 1. Under Scenario 1, existing buildings (which currently total 250,000 s.f.) would be demolished, while 550,000 s.f. of office space would be developed, resulting in a net increase of 300,000 s.f. of office space. The Town’s General Plan designates the project site as “Light Industrial.” The proposed office use would be consistent with this General Plan land use designation. While consistency with the land use designation is the primary indicator of consistency with regional air quality plans, the project represents an intensification of site utilization, and this is not reflected in this consistency determination because the level of site development is not defined by density or population (as it is for residential development) but is defined by site coverage and building height limitations. However, as indicated in the analysis below, the proposed project would not exceed BAAQMD criteria pollutant thresholds, and therefore, would not result in significant long-term operational air quality impacts regarding ROG, NOX, and PM emissions. Additionally, the project would incorporate transportation demand management features (included as project design features required by Mitigation Measure GHG- 1a) that would be consistent with control measures of the 2010 CAP. The project’s proximity to transit and increase in the job-housing balance would also reduce the project’s contribution to mobile source emissions (vehicle miles traveled) in the region. Construction-related criteria pollutant emission under Scenario 1 would be reduced to less-than-significant levels with implementation of Mitigation Measures AQ-1 through AQ-3. As a result, the project would not hinder the region’s ability to achieve compliance with the State ozone and particulate standards. Therefore, the proposed project would not conflict with the 2010 CAP, and impacts would be less than significant. Scenario 2. Under Scenario 2, proposed development of 200,000 s.f. of new office space and retention of 141,000 s.f. of existing office space would be consistent with the 2020 General Plan’s “Light Industrial” designation for the site. As indicated below, construction-related and operational criteria pollutant emissions under Scenario 2 would not exceed BAAQMD criteria pollutant thresholds, and therefore, would not result in significant short- or long-term operational air quality impacts regarding ROG, NOX, and PM emissions. Additionally, the project would incorporate transportation demand management features (included as project design features required by Mitigation Measure GHG-1b) that would be consistent with those of the 2010 CAP. The project’s proximity to transit and increase in the job-housing balance would also reduce the project’s contribution to mobile source emissions (vehicle miles traveled) in the region. Construction-related air quality impacts would be reduced to less-than-significant levels with implementation of Mitigation Measures AQ-1 through AQ-3. Therefore, as with Scenario 1, Scenario 2 would not conflict with the 2010 CAP, and impacts would be less than significant. Scenario 3. Scenario 3 would result in development of 200,000 s.f. of new office space and up to 516 high-density residential units. Scenario 3 would be consistent with uses specified in Vasona Light Rail Element of the 2020 General Plan. Also, construction-related and operational criteria pollutant emissions under Scenario 3 would not exceed BAAQMD criteria pollutant thresholds, and therefore, would not result in significant short- or long-term operational air quality impacts regarding ROG, NOX, and PM emissions. The project’s proximity to transit would also reduce the project’s contribution to mobile source emissions (vehicle miles traveled) in the region. Construction-related air quality impacts would be MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 14 reduced to less-than-significant levels with implementation of Mitigation Measures AQ-1 through AQ-3. Therefore, as with Scenario 1, Scenario 3 would not conflict with the 2010 CAP, and impacts would be less than significant. Scenario 4. The development of Scenario 4 would result in a similar development plan as Scenario 3; however, Scenario 4 proposes 600 senior units instead of 516 high-density units. Scenario 4 would be consistent with uses specified in Vasona Light Rail Element of the 2020 General Plan. Also, construction-related and operational criteria pollutant emissions under Scenario 4 would not exceed BAAQMD criteria pollutant thresholds, and therefore, would not result in significant short- or long-term operational air quality impacts regarding ROG, NOX, and PM emissions. The project’s proximity to transit would also reduce the project’s contribution to mobile source emissions (vehicle miles traveled) in the region. Construction-related air quality impacts would be reduced to less-than-significant levels with implementation of Mitigation Measures AQ-1 through AQ-3. Therefore, as with Scenario 1, Scenario 4 would not conflict with the 2010 CAP, and impacts would be less than significant. Air Quality Standards. Table 3 of the Initial Study presents local ambient air quality monitoring data for 2007 through 2009, indicating maximum concentrations and number of exceedances of federal/state air quality standards for each year. Table 2 of the Initial Study presents a summary of the BAAQMD’s attainment status with respect to federal and state standards. The closest air monitoring station to the project site is the Los Gatos Monitoring Station, which monitors ozone only. The remaining data was collected from the San Jose-Jackson Street Monitoring Station (next closest station to the project site). These data indicate that the project area is currently subject to particulate levels (PM10 and PM2.5) that periodically exceed the PM2.5 state annual standard of 12 microgram per cubic meter (µg/m3) and have periodically exceeded the PM10 state annual standard of 20 µg/m3. As indicated in Table 3 of the Initial Study, the San Francisco Bay Area Air Basin (SFBAAB) is designated as “nonattainment” for state ozone, PM10, and PM2.5 standards, while it is designated as “attainment” for all other criteria pollutants listed. With respect to federal standards, the Bay Area is nonattainment for the 1-hour federal ozone standard. Construction-Related Emissions – All Scenarios. Project construction would result in short-term air pollutant emissions during demolition, grading and construction activities. There would be short-term increases in particulate (fugitive dust) emissions due to demolition, grading, and building construction activities, and exhaust emissions from operation of construction equipment and worker-related motor vehicles. Construction activities for the proposed project would include demolition, grading, trenching, construction of buildings, paving, and architectural coatings. Construction would occur over a five-year period, with the greatest amount of fugitive dust emissions being generated during the initial stages of each construction phase. Additionally, the greatest amount of ROG emissions would typically occur during the final stages of each construction phase due to the application of architectural coatings. Evaluation of the construction duration (five years) would be the worst-case or maximum impact, since a longer duration would reduce emissions on a daily basis by spreading emissions over a longer duration. If construction of any of the project scenarios occurs over a longer period of time, estimated daily construction-related emissions would be less. Project construction (all scenarios) would result in approximately 1.61 acres of site grading per day with up to 2,730 cubic yards per day of cut and fill generated during mass grading. Grading for the site would require the export of 95,500 cubic yards over a five-year period (2012 to 2016). Daily construction emissions associated with project construction under all development scenarios was completed utilizing the URBEMIS 2007 computer model; refer to Appendix A of the Air Quality and Greenhouse Gas Assessment for model outputs. Table 4 of the Initial Study presents estimated daily criteria pollutant emissions generated by area and mobile sources during project construction under Scenario 1. In accordance with the BAAQMD MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 15 Guidelines, URBEMIS 2007 was utilized to model construction emissions for ROG, NOX, PM10, and PM2.5. As indicated in this table, project-related construction emissions could exceed the BAAQMD significance thresholds for ROG, NOx, PM10, PM2.5 during the first four years of construction, and this would be a potentially significant impact. However, this table also indicates that the project’s construction-related criteria pollutant emissions would be reduced to a less-than-significant level with implementation of BAAQMD-recommended Basic and Additional Construction Mitigation Measures (Mitigation Measures AQ-1 and AQ-2) as well as limits on truck travel during the first two years of construction (Mitigation Measure AQ-3). Construction-related air quality impacts under Scenario 2 would be less than those identified above for Scenario 1 due to the reduction in required construction activities. However, Mitigation Measures AQ-1 through AQ-3 would still be required to ensure construction air emissions are reduced to less than the BAAQMD thresholds. Under Scenarios 3 and 4, construction-related air quality impacts would be similar to those identified for Scenario 1. Therefore, as with Scenario 1, construction air quality impacts would be potentially significant but mitigated to less than significant with the implementation of Mitigation Measures AQ-1 through AQ-3. Construction activities would be a source of fugitive dust (also known as PM10 and PM2.5) emissions that could have a substantial, temporary impact on local air quality. Fugitive dust is often a nuisance to those living and working within the vicinity of the project site. Fugitive dust emissions would be associated with demolition, land clearing, ground evacuation, cut and fill operations, and truck travel on unpaved roadways. Fugitive dust emissions could also vary substantially from day to day, depending on the level of activity, the specific operations, and weather conditions. PM10 and PM2.5 would both be emitted during construction activities and as a result of wind erosion over exposed soil surfaces. Clearing and grading activities comprise the major sources of construction dust emissions, but traffic and general disturbance of the soil also generates significant dust emissions. PM10 and PM2.5 emissions would vary greatly depending on the level of activity, the specific operations taking place, the equipment being operated, local soils, weather conditions, and other factors making quantification difficult. The highest potential for construction dust impacts would occur during the dry late spring, summer, and early fall months when soils are dry. Despite this variability in emissions, experience has shown that there are a number of feasible control measures that can be reasonably implemented to significantly reduce PM10 and PM2.5 emissions from construction activities. The BAAQMD recommends the implementation of all Basic Construction Mitigation Measures, whether or not construction-related emissions exceed applicable significance thresholds. As shown in Table 4 of the Initial Study, unmitigated fugitive dust emissions would exceed the BAAQMD thresholds for PM10 and PM2.5 during the first four years of construction. However, with implementation of the BAAQMD’s Basic Construction Mitigation Measures (Mitigation Measure AQ-1), fugitive dust impacts would be reduced to a less-than-significant level. In addition to gaseous and particulate emissions, the application of asphalt and surface coatings creates ROG emissions, which are O3 precursors. In accordance with the methodology prescribed by the BAAQMD, the ROG emissions associated with paving have been quantified with the URBEMIS 2007 model. In addition, based upon the size of the buildings, ROG emissions associated with architectural coatings were also quantified within the URBEMIS 2007 model. The highest concentration of ROG emissions would be generated during the application of architectural coatings towards the end of construction. As required by law, all architectural coatings for the proposed project structures would comply with BAAQMD Regulation 8, Rule 3: Architectural Coating. Regulation 8, Rule 3 provides specifications on painting practices as well as regulates the ROG content of paint. However, since project construction would exceed BAAQMD significance thresholds for ROG (see Table 4 of the Initial Study), compliance with BAAQMD Additional Control Measures to reduce ROG emissions would be required. Specifically, the VOC content for coatings shall not exceed 150 grams per MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 16 liter. With implementation of Mitigation Measure AQ-2 (compliance with BAAQMD Additional Control Measures [i.e., Regulation 8, Rule 3]), ROG emissions from architectural coatings would be reduced to a less-than-significant level. Exhaust emissions from construction activities would include emissions associated with the transport of machinery and supplies to and from the project site, emissions produced on-site as the equipment is used, and emissions from trucks transporting materials to and from the site. Emitted pollutants would include ROG, NOX, PM10, and PM2.5. The BAAQMD significance thresholds for ROG, PM10, and PM2.5 would not be exceeded by exhaust emissions (note that exhaust emissions are included in total ROG, PM10, and PM2.5 emissions in Table 4 of the Initial Study), as the majority of these emissions are attributed to fugitive dust and architectural coatings. However, due to the amount of soil hauling required for the proposed project, NOX thresholds would be exceeded during soil hauling activities (during mass and fine grading) for each construction phase. Therefore, implementation of Mitigation Measure AQ-3, which would limit the vehicle miles traveled (VMT) from soil hauling trucks during grading, would ensure that NOX emissions would not exceed the BAAQMD thresholds and remain at less-than-significant levels. Operational Emissions–All Scenarios. Operational emissions generated by both stationary and mobile sources would result from normal daily activities on the project site after occupation (i.e., increased loads of O3, PM10, and CO). Stationary area source emissions would be generated by the consumption of natural gas for space and water heating devices, the operation of landscape maintenance equipment, and the use of consumer products. Mobile emissions would be generated by the motor vehicles traveling to and from the project site. Emissions associated with each of these sources were calculated and are discussed below. Mobile Source Emissions – All Scenarios. Mobile sources are emissions from motor vehicles, including tailpipe and evaporative emissions. Depending upon the pollutant being discussed, the potential air quality impact may be of either regional or local concern. For example, ROG, NOX, SOX, PM10, and PM2.5 are all pollutants of regional concern (NOX and ROG react with sunlight to form O3 [photochemical smog], and wind currents readily transport SOX, PM10, and PM2.5). However, CO tends to be a localized pollutant, dispersing rapidly at the source. Project-generated vehicle emissions have been estimated using the URBEMIS 2007 model. This model predicts ROG, NOX, PM10, and PM2.5 emissions from motor vehicle traffic associated with new or modified land uses, and model output is included in Appendix A of the Air Quality and Greenhouse Gas Assessment. According to the project’s traffic impact analysis, the proposed project’s Scenario 1 would generate the greatest number of trips, resulting in a net increase of 3,126 daily trips. Table 5 of the Initial Study presents estimated mobile source emissions that would be associated with traffic generated by Scenario 1. As shown in this table, emissions generated by vehicle traffic associated with the proposed project under Scenario 1 would not exceed BAAQMD significance thresholds for ROG, NOX, and PM10. Since the project’s development scenarios 2, 3, and 4 would generate fewer trips, operational criteria pollutant emissions would also be less than the levels listed in Table 5 of the Initial Study. Therefore, impacts from project-related vehicle emissions under all scenarios would be less than significant. Carbon Monoxide – All Scenarios. The Basin is designated as attainment for carbon monoxide (CO). As indicated in the BAAQMD CEQA Air Quality Guidelines, emissions and ambient concentrations of CO have decreased dramatically in the Basin with the introduction of the catalytic converter in 1975. No exceedances of the CAAQS or NAAQS for CO have been recorded at nearby monitoring stations since 1991. As a result, the screening criteria in the BAAQMD CEQA Air Quality Guidelines note that that CO impacts may be determined to be less than significant if a project is consistent with the applicable congestion management plan and would not increase traffic volumes at local intersections to more than 24,000 vehicles per hour for locations in heavily urban areas, where “urban canyons” formed by buildings tend to reduce air circulation. Project consistency with these criteria are discussed as follows: MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 17 When compared to the BAAQMD’s screening criterion (project contributions of less than 24,000 vehicles per hour), project-related carbon monoxide emissions would be less than significant since the project’s traffic increases would not exceed 24,000 vehicles per hour at local intersections. In addition, required implementation of intersection improvements specified in Mitigation Measures TRA-1 and TRA-2 would ensure that the project would not significantly increase the delay or degrade level of service operation at all study intersections. Therefore, effects related to project-related increases of CO under Scenario 1 would be less than significant. Since Scenarios 2, 3, and 4 would result in fewer daily and peak hour trips than Scenario 1, these scenarios would similarly be less than significant. Under these scenarios, project- related traffic increases would not exceed 24,000 vehicles per hour at local intersections and would not significantly increase the delay or degrade level of service operation at all study intersections. Area Source Emissions – All Scenarios. Area source emissions would be generated due to an increased demand for electrical energy and natural gas with the development of the proposed project. This assumption is based on the supposition that those power plants supplying electricity to the site are utilizing fossil fuels. Electric power generating plants are distributed throughout the SFBAAB and western United States, and their emissions contribute to the total regional pollutant burden. The primary use of natural gas by the proposed land uses would be for combustion to produce space heating, water heating, other miscellaneous heating, or air conditioning, consumer products, and landscaping. As indicated in Table 5 of the Initial Study, area source emissions associated with Scenario 1 would not exceed BAAQMD thresholds and therefore, would be less than significant. Scenario 2 would involve development of less office space than Scenario 1, and therefore, area source emissions associated with Scenario 2 would also be less than significant. Although Scenarios 3 and 4 would involve less office space than under Scenario 1, they also include 516 high-density residential units or 600 senior units. Operational area source emissions under these scenarios would be similarly less than significant. If stationary sources, such as backup generators, are installed on-site, they would be required to obtain the applicable permits from BAAQMD for operation of such equipment if the generators are over 50 horsepower. The BAAQMD is responsible for issuing permits for the operation of stationary sources in order to reduce air pollution, and to attain and maintain the national and California ambient air quality standards in the Basin. Newly modified or constructed stationary sources subject to BAAQMD permitting may be required to implement Best Available Control Technology (BACT), which may include the installation of emissions control equipment or implementation of administrative practices that would result in the lowest achievable emission rate. Backup generators would be used only in emergency situations, and would not contribute a substantial amount of emissions capable of exceeding BAAQMD thresholds. Although issuance of these permits cannot be the sole factor in determining that this potentially significant impact is mitigated to a less-than-significant level, the BAAQMD would be prohibited from issuing such a permit unless the generator met the following requirements: it is equipped with the best available control technology; no ambient air quality standards are violated or made measurably worse; public health risks have been determined in a health risk screening analysis to be less than significant (if applicable); appropriate public notification occurs if the generator would be located within 1,000 feet of a school; and any increase in emissions is offset if emissions exceed applicable BAAQMD threshold levels. Therefore, existing rules and regulations are designed to ensure that the air quality impacts associated any new backup generators would be less than significant. Cumulative Air Quality Impacts. To address cumulative impacts on regional air quality, the BAAQMD has established thresholds of significance for construction-related and operational criteria pollutants and precursor emissions. These thresholds represent the levels at which a project’s individual emissions of criteria pollutants and precursors would result in a cumulatively considerable contribution to the SFBAAB’s existing air quality conditions. If daily average or annual emissions exceed these thresholds, the project would result in a cumulatively significant impact. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 18 Construction-related Emissions – All Scenarios. As discussed above, the project’s construction-related emissions were compared to applicable BAAQMD significance thresholds (Table 4 of the Initial Study), and there is the potential that significance thresholds for ROG, NOX, PM10, and PM2.5 could be exceeded at times during the project’s five-year construction duration. Therefore, project-related construction emissions are considered cumulatively considerable, a significant cumulative impact. However, these cumulative impacts would be reduced to less-than-significant with implementation of Mitigation Measures AQ-1 through AQ-3. Since the project’s construction-related emissions would be mitigated to a less-than-significant level, its contribution would be less than cumulatively considerable and therefore, less than significant. Operational Emissions – All Scenarios. As depicted in Table 5 of the Initial Study, above, the proposed project’s operational emissions would not exceed BAAQMD thresholds for ROG, NOX, and PM. Therefore, the impact of the proposed project, in conjunction with related cumulative projects would be less than cumulatively considerable, and therefore, less than significant. Scenarios 3 and 4. To address cumulative impacts on sensitive receptors due to TAC emissions, the BAAQMD recommends assessing impacts within 1,000 feet of the proposed project, taking into account both individual and nearby cumulative sources (i.e., proposed project plus existing and foreseeable future projects). The BAAQMD’s cumulative risks and hazards significance thresholds are increases that exceed 100 excess cancer cases in a million from all local sources, hazard index of 10.0 (chronic and acute), and annual average increase of PM2.5 of more than 0.8 µg/m3. The only source of TAC emissions within 1,000 feet of the project site is the State Route 85 freeway. There are no other permitted sources identified by the BAAQMD within a 1,000-foot radius of the site. Detailed modeling (which included cumulative traffic increases) indicated that residents on-site within 261 feet of SR-85 would be subject to risks and hazards impacts (see impact discussion below under 3d, Exposure of Sensitive Receptors, for more discussion of this risks and hazards). Sensitive Receptors. Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. CARB has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. Sensitive receptors within the immediate vicinity of the project site are identified in Table 6 of the Initial Study. Residential uses in the immediate project vicinity include mobile homes to the east across Los Gatos Creek, townhouses immediately to the south, and single-family homes on Smith Ranch Court to the west across Winchester Boulevard. There is also the Netflix R&D office development and multi-family residential units to the north across the State Route 85 freeway. Construction-related Toxic Air Contaminants (Diesel Particulate Matter) – All Scenarios. Construction-related activities could result in the generation of toxic air contaminants (TACs), specifically diesel particulate matter (DPM), from on-road haul trucks and off-road equipment exhaust emissions. Due to the variable nature of the proposed construction activity, the generation of TAC emissions would be temporary, especially considering the short amount of time such equipment is typically within an influential distance that would result in the exposure of sensitive receptors to substantial concentrations. The project’s construction period would occur over three phases and would require various types of heavy equipment throughout each construction phase. Specifically, demolition activities would require tractors, dozers, and concrete/industrial saws. Grading activities would require tractors, graders, rubber-tired dozers, and water trucks. Trenching activities would require excavators. Paving activities would include cement and mortar mixers, pavers, rollers, and other pieces of paving equipment. The building phase would require one crane, two forklifts, one tractor, three welders, and one generator set. As indicated in MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 19 the URBEMIS 2007 model outputs for the proposed project (Table 4 of the Initial Study), construction activities would generate a maximum of 2.30 pounds of diesel PM2.5 exhaust per day. Additionally, the project would be subject to idling restrictions as part of implementation of the BAAQMD’s Basic Construction Mitigation Measures (Mitigation Measure AQ-1), and this would also reduce DPM exhaust emissions. As noted above, the closest sensitive receptors are the residential uses adjacent to the project site to the south and east. However, construction equipment during project construction would move about the project site and would not be concentrated in one area or near one sensitive receptor for an excessive duration of time capable of causing health effects. Additionally, health risks are associated with longer- term exposure periods of nine, 40, and 70 years, which do not correlate well with the temporary and highly variable nature of construction activities. However, to ensure that sensitive uses in the vicinity of the project site are not exposed to substantial TACs, Mitigation Measure AQ-4 would require supplemental emissions controls on construction equipment to reduce the exposure of sensitive uses to TACs from construction emissions. The specific reduction measures identified Mitigation Measure AQ-4 would be determined based on the acreage disturbed in a particular construction phase as well as the proximity of the construction activity to sensitive uses. With implementation of Mitigation Measures AQ-1 and AQ-4, construction-related risks and hazards impacts would be reduced to less-than-significant levels. Scenarios 1 and 2. Similar to Scenario 1, construction equipment during Scenario 2 construction would move about the project site and would not be concentrated in one area or near one sensitive receptor long enough to cause health effects. Additionally, the project would be required to implement the BAAQMD’s Basic Construction Mitigation Measures (Mitigation Measure AQ-1), which would also reduce DPM exhaust emissions as indicated in Table 4 of the Initial Study. To ensure that sensitive uses in the vicinity of the project site are not exposed to substantial TACs, Mitigation Measure AQ-4 would require supplemental emissions controls on construction equipment. Similar to Scenario 1, implementation of Mitigation Measures AQ-1 and AQ-4 would reduce risks and hazards impacts to less- than-significant levels. Scenarios 3 and 4. Similar to Scenario 1, construction equipment during Scenarios 3 and 4 construction would move about the project site and would not be concentrated in one area or near one sensitive receptor long enough to cause health effects. The project would implement the BAAQMD’s Basic Construction Mitigation Measures (Mitigation Measure AQ-1), which would also reduce DPM exhaust emissions. To ensure that sensitive uses in the vicinity of the project site are not exposed to substantial TACs, Mitigation Measure AQ-4 would require supplemental emissions controls on construction equipment. Similar to Scenario 1, implementation of Mitigation Measures AQ-1 and AQ-4 would reduce risks and hazards impacts to less-than-significant levels. Operational Toxic Air Contaminants – Risk and Health Hazards. The BAAQMD CEQA Air Quality Guidelines recommend that all toxic air contaminant (TAC) and particulate matter less than 2.5 microns (PM2.5) sources located within 1,000 feet of the project site be identified to determine any risk and health hazards to the project. There are no stationary TAC and PM2.5 sources located within 1,000 feet of the project site. However, the State Route 85 freeway is located immediately north of the project site, and this roadway carries an annual average of approximately 106,000 vehicles per day (vpd). A review of the BAAQMD roadway screening tables for the State Route 85 freeway, based on 142,000 vpd, indicates an excess cancer risk of 230 cases in a million at 100 feet, non-cancer chronic hazard index of 1.0 at 100 feet, non-cancer acute hazard index of 1.4 at 100 feet, and PM2.5 concentration of 1.12 µg/m3 at 100 feet, which exceed the BAAQMD’s project-level significance thresholds of 10 excess cancer cases in a million, hazard index more than 1.0 (chronic and acute), and annual average increase of PM2.5 of more than 0.3 µg/m3. If these estimates were interpolated linearly to account for the difference in traffic volume, the cancer risk would be 10 in a million at 900 feet from the freeway, and 0.3 µg/m3 at 440 feet MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 20 at the project site. If PM2.5 concentration, risks, and hazards are exceeded, BAAQMD Guidelines recommend that a more refined modeling analysis be done or the project sponsor may choose to implement mitigation measures. For this project, a more detailed dispersion analysis was completed by the applicant’s consultant, and results of this analysis are indicated in Table 7 of the Initial Study. However, given the difference between the site-specific evaluation (within 261 feet of the freeway) and the BAAQMD Guidelines (within 900 feet of the freeway), this analysis conservatively determines that the risks and hazards impact would be potentially significant for any residential development located within 900 feet of the freeway. It should be noted that State Route 85 is not a truck route and has a low volume of trucks based on the latest Caltrans data (less than 1 percent of the total vehicles), which may be a key factor in this discrepancy. Additionally, CARB has adopted a Diesel Risk Reduction Plan (DRRP) with control measures that would reduce overall diesel emissions by approximately 85 percent from 2000 to 2020. Therefore, the risks are less with each successive year so that the level of impact will depend on when residential uses are ultimately developed. These factors may not necessarily be reflected in the BAAQMD estimate. The BAAQMD CEQA Air Quality Guidelines defines a receptor to be “a place where people live, play, or convalesce”. These types of receptors would include residences, schools, school yards, parks, daycare centers, nursing homes, and medical facilities. Scenarios 1 and 2. Both of these development scenarios would involve development of office use only, which the BAAQMD does not consider a sensitive receptor. Therefore, risks and hazards impacts the State route 84 freeway would be less than significant. Scenarios 3 and 4. The project would be located within 1,000 feet of the State Route 85 freeway. Scenarios 3 and 4 propose commercial uses as well as high-density residential units, which the BAAQMD considers to be sensitive receptors. BAAQMD screening-level data indicates that freeway emissions pose a significant cancer risk within 900 feet of the freeway, while detailed project-specific modeling (which includes cumulative traffic conditions) indicates a significant cancer risk (in excess of the BAAQMD significance threshold) if project residents were located within 261 feet of the State Route 85 freeway. Either way, with implementation of Mitigation Measure AQ-5, which delineates a minimum 261-foot setback from the freeway, project residents would not be subject to unhealthful levels of TACs or PM2.5 from this freeway. No other sources of TACS are located within the 1,000-foot screening distance of the project site. Odors – All Scenarios. During project construction, nuisance diesel odors associated with operation of diesel construction equipment on-site (primarily during initial grading phases) as well as from architectural coatings and asphalt off-gassing (during later finishing phases) could occur at adjacent uses. However, this effect would be localized, sporadic, and short-term in nature. Therefore, temporary impacts from nuisance diesel odors on adjacent residential receptors is considered to be less than significant. According to the BAAQMD CEQA Air Quality Guidelines, land uses associated with odor complaints typically include wastewater treatment plants, landfills, confined animal facilities, composting stations, food manufacturing plants, refineries, and chemical plants. The project under all scenarios would not include any uses identified by the BAAQMD as being associated with odors. No new or unusual sources of nuisance odors would be associated with proposed office or residential uses. Therefore, the project’s potential for nuisance odor problems would be less than significant. Mitigation Measures – Air Quality (AQ). The following measures shall be implemented by the project applicant (Measures AQ-1 through AQ-4 apply to all Project Scenarios, while Measure AQ-5 applies to Scenarios 3 and 4 only) to reduce the project’s air quality impacts to less-than-significant levels: AQ-1: Basic Construction Measures. To limit the project’s construction-related dust and criteria pollutant emissions, the following BAAQMD-recommended Basic Construction Mitigation MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 21 Measures shall be included in the project’s grading plan, building plans, and contract specifications: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. AQ-2: Additional Construction Measures. The following BAAQMD Additional Construction Mitigation Measures shall be included in contract specifications for construction: a. Use low volatile organic compounds (VOC) (i.e., reactive organic gases [ROG]) coatings beyond the BAAQMD requirements (i.e., Regulation 8, Rule 3: Architectural Coatings). b. VOC content of architectural coatings shall not exceed 150 grams VOC per liter of coating. AQ-3: Additional NOX Reduction Construction Measures. The following limitations shall be included in contract specifications for construction and adhered to during soil hauling activities (during mass and fine grading) for each construction phase in order to ensure NOX emissions would be reduced to less-than-significant levels (phasing parameters are defined in the URBEMIS2007 Assumptions included in Appendix A of Attachment 2 of the Initial Study): § Phase 1: Trucks hauling soil during Phase 1 shall not travel more than 23 miles roundtrip. Daily vehicle miles traveled (VMT) during mass grading shall not exceed 1,416; daily VMT during fine grading shall not exceed 425. § Phase 2: Trucks hauling soil during Phase 2 shall not travel more than 26 miles roundtrip. Daily VMT during mass grading shall not exceed 1,629; daily VMT during fine grading shall not exceed 671. § Phase 3: Trucks hauling soil during Phase 3 shall not travel more than 36 miles roundtrip. Daily VMT during mass grading shall not exceed 2,318; daily VMT during fine grading shall not exceed 625. The contractor shall log VMTs daily and submit to the Town monthly. These limitations shall be stipulated in construction bids, plans, and specifications. AQ-4: Additional DPM Reduction Construction Measures. Prior to the approval of project plans and specifications, the Town Engineer, or his designee, shall confirm that the construction bid packages include a plan demonstrating that the off-road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) will MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 22 achieve a project wide fleet-average 20 percent NOX reduction and 45 percent diesel particulate matter (DPM) reduction compared to the most recent CARB fleet average. Acceptable options for reducing emissions include the use of late model engines, low-emission diesel products, alternative fuels, engine retrofit technology, after-treatment products, add-on devices such as particulate filters, and/or other options as such become available. These limitations shall be stipulated in construction bids, plans, and specifications, and shall be enforced by the Town Engineer. AQ-5: Operational Risk Reduction Measures. For any residences developed under Scenarios 3 or 4 within 900 feet (or the BAAQMD’s screening threshold distance but adjusted for traffic/truck volumes at the time of development), the project applicant shall demonstrate to the Town’s satisfaction that the proposed residential setbacks are adequate or the following shall be provided: a. A filtered air supply system shall be installed in all residential units to maintain positive pressure when windows are closed. The ventilation system, whether a central HVAC (heating, ventilation and possibly air conditioning) or a unit-by-unit filtration system, shall include high-efficiency filters meeting minimum efficiency reporting value (MERV) 13, per American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 52.2 (equivalent to approximately ASHRAE Standard 52.1 Dust Spot 85 percent) or shall be certified by a licensed design professional that the ventilation system is capable of removing more than 80 percent of ambient PM2.5 from habitable areas of dwelling units. b. Air intakes for HVAC shall be located away from the freeway to the maximum extent feasible. c. The applicant shall also prepare and implement a plan that ensures on-going maintenance of ventilation and filtration systems, including informing occupant’s of the proper maintenance of any installed air filtration system. Mitigation Monitoring. Prior to issuance of any Grading Permit, the Director of Parks and Public Works shall be responsible for ensuring that DPM reduction measures are properly incorporated into construction bid packages, while the Director of Community Development shall be responsible for ensuring that all other measures are properly incorporated into project plans and implemented during project construction. 4. Biological Resources This analysis is based on a single reconnaissance-level survey by biologist Michael Wood, conducted on March 1, 2011. Background information regarding the recorded distribution of special-status species was obtained through a review of the California Natural Diversity Database, U.S. Fish and Wildlife Service database, and California Native Plant Society’s inventory. Supplemental information reviewed as part of this analysis includes two assessments of riparian effects of the proposed development prepared by H.T. Harvey & Associates, an arborist report prepared by McClenahan, and a tree protection plan prepared by the Town’s consulting arborist, Deborah Ellis. Copies of all reports are on file at the Los Gatos Community Development Department while the Ellis report is included as Attachment 3 of the Initial Study. Existing Conditions. The existing Los Gatos Business Park occupies approximately 21.6 acres situated in an urbanized setting surrounded by commercial and residential development. The property is bordered by Winchester Boulevard and Southern Pacific Railroad tracks to the west, State Highway 85 to the north, Los Gatos Creek and the Los Gatos Creek Trail to the east, and the Charter Oaks residential development to the south. The site itself supports single- and two-story office buildings with a combined floor area of MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 23 approximately 250,000 square feet, along with paved parking, and driveways. No naturally occurring native habitats are present on site although the project abuts the Los Gatos Creek riparian corridor. Anthropogenic Habitats. The project site is completely developed, providing only anthropogenic habitats, consisting of structures and extensive, mature landscaping consisting of a wide variety of ornamental trees, shrubs and groundcover. A total of 440 landscape trees have been identified on site (McClenahan 2010), ranging in height from 20 to 70 feet. A few, presumably naturally occurring native trees are present within the study area, including coast live oak (Quercus agrifolia), valley oak (Quercus lobata) and California sycamore (Platanus racemosa); other California native species that were likely planted on site include Coast redwood (Sequoia sempervirens) and white alder (Alnus rhombifolia). Many native and non-native wildlife species have adapted to human activities and can persist in anthropogenic habitats such as landscaped lands and human structures. Such wildlife species can utilize ornamental landscapes for shelter, foraging, and breeding. In addition, some species can tolerate the conversion of natural ecosystems to anthropogenic habitats, and most will use landscaping or structural components (rock walls, ornamental trees, landscape bushes, wood piles, buildings, etc.) as escape cover, roosting, and nesting. Buildings may provide nesting and roosting opportunities for a variety of birds. Cracks, seam joints, roof vents, loose siding and roof tiles, and other openings in buildings also may provide access to interior spaces providing suitable roosting sites for numerous species of bats. Native species that readily adapt to landscaped human developments include American crow (Corvus brachyrhynchos), common raven (Corvus corax), western scrub-jay (Aphelocoma californica), northern mockingbird (Mimus polyglottos), mourning dove (Zenaida macroura), barn swallow (Hirundo rustica), barn owl (Tyto alba), pocket gopher (Thomomys sp.), raccoon (Procyon lotor), striped skunk (Mephitis mephitis), and mule deer. Exotic species such as European starling (Sturnus vulgaris), house sparrow (Passer domesticus), rock or feral pigeon (Columba livia), house mouse (Mus musculus), Norway and black rat (Rattus norvegicus and R. rattus), and Virginia opossum (Didelphis virginiana) may also be abundant in landscaped habitat close to human habitation. Under some circumstances, exotic rodents can represent significant forage sources for native and nonnative predators. The presence on site of an abundance of tall trees with relatively dense canopies, and the site’s proximity to the Los Gatos Creek riparian corridor increases the likelihood of at least periodic nesting, roosting and foraging by species not strictly adapted to areas subjected to a high degree of human activity. The existing structures on site consist predominantly of well-maintained concrete-walled buildings without eaves and with flat rooftops. Such structures lack joint seams, overhanging areas that commonly provide cover and nesting opportunities for birds, and no evidence of current or past nesting was observed. Some bird species may nest on flat rooftops; the roofs were not inspected. One building (90 Albright Way) has a wood-paneled eave with exterior lights and roof drain holes observed to support nesting. A woodpecker entry hole was also observed above the building’s entrance. The lack of cracks, joint seams and other openings in any of the buildings on site limits the likelihood of roosting by bats. Wildlife species observed utilizing anthropogenic habitat on site during the present survey, either by direct observation or detection of sign, include American crow, western scrub-jay, Anna’s hummingbird (Calypte anna), dark-eyed junco (Junco hyemalis), mourning dove, white-crowned sparrow (Zonotrichia leucophrys), house sparrow, pocket gopher, rock or feral pigeon. Evidence of nesting was observed for house sparrow, hummingbird, western scrub-jay, American crow, and woodpecker (Picoides sp. or Melanerpes sp.). Los Gatos Creek. A prominent natural feature immediately adjacent to the project site is Los Gatos Creek, which flows south to north just east of the subject property. The eastern project boundary abuts the Los Gatos Creek Trail, a heavily used paved pedestrian and bicycle path. The trail is separated from the top of bank of Los Gatos Creek by a six-foot tall chain link fence. At its closest point, the project boundary is approximately 30 feet from the top of bank. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 24 Los Gatos Creek is a perennial creek downstream Lexington Reservoir; it is a tributary to Guadalupe River, which empties into South San Francisco Bay. The scoured creek bottom supports riffles and pools with silty, gravelly, sandy and cobbly substrate, overhanging vegetation and downed wood, providing fair to good habitat for a wide variety of aquatic, amphibious organisms. At the subject property, Los Gatos Creek has been altered and confined between historically graded and filled level lands. Lost Gatos Creek Trail follows the western top of bank except where it passes beneath the State Highway 85 overcrossing, where it dips into the flood terrace below the western bridge abutment. Adjacent to the project site, the current active channel is confined to the far (eastern side of the flood channel, separated from the western bank by a vegetated, elevated terrace approximately 90 feet wide. The current active channel is approximately 30 to 40 feet wide. The flood terrace appears to have been altered, presumably as a result of historic aggregate mining, channel diversions and other modifications. The terrace flood is very uneven suggesting human-caused surface disturbances. The vegetation is also indicative of a highly altered condition, being dominated by non-native grasses and forbs, along with the invasive species French broom (Genista monspessulana), Scotch broom (Cytisus scoparius), river red gum (Eucalyptus camaldulensis), Himalayan blackberry (Rubus discolor), sweet fennel (Foeniculum vulgare), golden wattle (Acacia longifolia), and smilo grass (Piptatherum miliaceum). Common native species present consist of coyote brush (Baccharis pilularis), mule fat (Baccharis salicifolia), Mexican elderberry (Sambucus mexicana). Scattered coast live oaks, valley oaks, sycamores, and California buckeyes (Aesculus californica) are also present. Along the edge of the active channel is native vegetation more typical of a natural riparian condition consisting of willows (Salix spp.), sycamores, California black walnuts (Juglans californica), white alder (Alnus rhombifolia), and Oregon ash (Fraxinus latifolia). The adjacent riparian forest habitat associated with Los Gatos Creek provides excellent habitat for passerine birds such as song sparrow (Melospiza melodia), Wilson’s warbler (Wilsonia pusilla), spotted towhee (Pipilo maculatus), and bats such as California myotis (Myotis californicus) and Yuma bat (Myotis yumanensis). Stream habitat combined with understory vegetation and woody debris within the riparian forest supports amphibians such as Pacific tree frog (Hyla regilla), California red-legged frog (Rana aurora draytonii) and California newt (Taricha torosa). Predators that likely utilize the riparian habitat include raccoon (Procyon lotor), gray fox (Urocyon cinereoargenteus), red-shouldered hawk (Buteo lineatus), and aquatic garter snakes (Thamnophis sp.), among others. Los Gatos Creek supports a variety of native and non-native fishes. Species of native fish expected to be present in the reach of creek near the project site include rainbow trout (Oncorhynchus mykiss), Sacramento sucker (Catostomus occidentalis), riffle sculpin (Cottus gulosus) and California roach (Hesperoleucus symmetricus). Non- native fish species within the watershed that may be present in the creek include large-mouthed bass (Micropterus salmoides), mosquito fish (Gambusia affinis), green sunfish (Lepomis cyanellus) and carp (Cyprinus carpio). Special-Status Natural Communities. Special-status natural communities are those that are considered rare statewide or within a county or region, support special-status plant or wildlife species, or receive regulatory protection. A summary of terrestrial natural communities, including special community types, is maintained by the California Department of Fish and Game. Riparian habitats are considered by State and federal regulatory agencies to represent a rare and declining resource. Wetlands and riparian areas can serve significant biological functions by providing nesting, breeding, foraging, and spawning habitat for a wide variety of resident and migratory wildlife species. Impacts to stream channels with a defined bed and bank, as well as adjacent riparian vegetation, are addressed specifically by the California Fish and Game Code and may be regulated under the Clean Water Act (CWA) and the Porter-Cologne Water Quality Control Act. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 25 No special-status natural communities are present within the study area. Los Gatos Creek and its associated riparian habitats represent a waters of the United States/waters of the State, and impacts to these resources would fall under the jurisdiction of the USACE, CDFG, and RWQCB. Special-Status Plants. Special-status plant species include those listed as endangered, threatened, rare, or as candidates for listing by the U.S. Fish and Wildlife Service, the CDFG, and the CNPS. The potential for occurrence of a total of 42 special-status plant species was evaluated. No federally or State-listed plant species or other special-status plant species have been recorded as occurring on the subject property or in the immediate vicinity. No special-status plant species are considered to have any potential for occurrence in the study area. Special-Status Animals. Special-status animal species include those listed as endangered, threatened, rare, or as candidates for listing by the USFWS and/or CDFG Other species regarded as having special- status include special animals, as listed by the CDFG. Additional animal species receive protection under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act (MBTA). The California Fish and Game Code provides specific language protecting “fully protected birds,” “fully protected mammals,” “fully protected reptiles and amphibians,” and “fully protected fish.” The California Code of Federal Regulations prohibits the take of Protected Amphibians, Protected Reptiles and Protected Furbearers. Additional definitions are given in the California Environmental Quality Act. The potential for occurrence of a total of 47 special-status animal species was evaluated. No federally or State-listed animal species have been recorded as occurring on the subject property, although three (steelhead, California tiger salamander, California red-legged frog) have been reported from the project vicinity. Suitable habitat is present on site for the State fully protected species white-tailed kite. Although not expected to occur on site, further discussion of these species is provided below. Suitable habitat is present on site for nine other special-status species (western pond turtle, foothill yellow-legged frog, Cooper’s hawk, oak titmouse, Nuttall’s woodpecker, Lawrence’s goldfinch, Allen’s hummingbird, loggerhead shrike, pallid bat and hoary bat); these species are also discussed below. Other Special-Status Wildlife Species. Of the remaining 32 special-status wildlife species (i.e., those not listed under CESA or FESA), the presence of 28 can be ruled out due to a lack of suitable habitat. However, four special-status bird species were determined to have the potential to nest or winter within the study area. One raptor (bird of prey) species, Cooper’s hawk (Accipiter cooperii, nesting; California Species of Special Concern), could occur on site. Three special-status passerines (perching birds) could also occur on site, including oak titmouse (Baeolophus inornatus), Nuttall’s woodpecker (Picoides nuttallii), and Allen’s hummingbird (Selasporus sasin). In addition, numerous other migratory birds not included on CDFG’s Special Animals List could also occur within the study area. Although none of these species was observed on site during the present survey, the potential exists for them to occur on site in the future. These bird species are protected under the MBTA. The MBTA makes it unlawful, unless expressly authorized by permit pursuant to federal regulations, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export at any time, or in any manner, any migratory bird, or any part, nest, or egg of any such bird. Implementation of each of the four scenarios would be restricted to the footprint of the existing Los Gatos Business Park property boundaries. Each scenario would require the demolition of existing buildings and reconfiguration of paved parking and driveways. All direct impacts would affect existing developed lands; no natural plant communities or habitats would be affected. Special-Status Species – All Scenarios. No special-status plant species would be adversely affected by project implementation or operation. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 26 No special-status animal species have been detected within the study area, or have been recorded on site. However, based on an evaluation of existing habitats on site, connectivity to suitable habitat, and proximity to recorded localities, the potential exists for construction activities to adversely affect as many as four special-status bird species, and numerous migratory passerines and raptors. Special-Status and Migratory Birds. Within the study area, ornamental trees, shrubs, and ground cover, as well as structures provide nesting habitat for special-status bird species and numerous migratory bird species. Site clearing activities (e.g., structure demolition, tree and shrub removal or pruning) could result in direct or indirect impacts to nesting birds by causing the destruction or abandonment of occupied nests. Direct and indirect impacts to special-status and migratory bird species would be considered significant. However, implementation of Mitigation Measure BIO-1 would reduce these potential impacts to less- than-significant levels. Special-Status and Migratory Birds and Other Wildlife. Los Gatos Creek supports an extensive corridor of native and disturbed riparian habitat, potentially support breeding populations of special-status and migratory birds and common wildlife species. Potentially significant indirect effects of project construction include the effects of increased human activity, noise, lighting, and dust. Potentially significant indirect effects of project operation include the effects of increased lighting and domestic pets on wildlife utilizing the adjacent riparian habitat. Effects of project operation deemed not to be significant include increased human activity and noise as the resulting project scenarios would not represent a significant change over the present conditions. Sensitive Habitat/Communities and Wetlands – All Scenarios. No riparian habitats or other sensitive natural communities are present on site and none would be directly impacted by construction of any of the four project scenarios. However, as discussed above, riparian habitat associated with the Los Gatos Creek corridor are present immediately east of the project site. Potential indirect effects of project construction or operation include water quality effects during construction and operation. During construction, storm runoff or contaminant spills could result in the movement of sediment or other contaminants into Los Gatos Creek. During operation of any of the proposed scenarios, storm runoff could result in the movement of sediment, landscaping fertilizers or chemicals, and petroleum-based contaminants from parking areas and streets into Los Gatos Creek. Best Management Practices (BMPs) must be in place to prevent the movement of contaminant-laden surface runoff off site during construction. With the implementation of construction and post-construction BMPs specified in the project’s Storm Water Pollution Prevention Plan (SWPPP; see Section 9, Hydrology and Water Quality for more discussion), no significant adverse effects on water quality of Los Gatos Creek or the adjacent riparian habitat would result. The project site would not result in significant adverse effects on protected wetlands. Project implementation would require the operation of heavy equipment and machinery for an extended period of time, increasing the level of human activity, noise, lighting, and drifting dust, potentially disrupting wildlife breeding and normal activities in the adjacent Los Gatos Creek riparian habitat. Additionally, operation of any of the proposed scenarios could result in increased lighting of the riparian corridor at Los Gatos Creek. Operation of either of the mixed-use scenarios, and potentially the senior housing scenario could also result in increased interaction between wildlife and domestic pets. These impacts would be considered potentially significant. Implementation of Mitigation Measures BIO-2 and BIO-3 would reduce such impacts to less-than-significant levels. Fish and Wildlife Movement, Corridors, Nursery Sites – All Scenarios. The development scenarios and various configurations based upon these scenarios would not interfere substantially with the movement or breeding of wildlife. Tree and Biological Protection Ordinances – All Scenarios. The Town of Los Gatos Tree Protection Ordinance stipulates that the removal of protected” trees is prohibited without a permit. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 27 Construction would require the removal of ornamental trees, shrubs and ground cover. Approximately 391 trees would be removed. Three groups of trees along the perimeter of the property are proposed for preservation, totaling 49 trees. Two of the trees to be preserved are native coast live oaks; the remainder are planted ornamental trees. The Tree Protection Ordinance defines protected trees as including, among other criteria, all trees with a diameter of four inches, as measured 36 inches above natural grade located on developed commercial, office or industrial property. Based on a compilation of the tree data prepared by McClenahan, a total of 384 protected trees would be removed to accommodate construction of each of the four project scenarios. The Tree Protection Ordinance outlines a formula for calculating the number and container size of replacement trees for removal of protected trees. The formula is based on the canopy dimensions of the impacted trees. In addition to the provisions of the Town’s Tree Protection Ordinance, the Town’s consulting arborist, Deborah Ellis, prepared an evaluation of the trees on the project site and specified a tree protection plan to ensure that the health and vigor of remaining trees are preserved (see Attachment 3 of the Initial Study). The Town’s arborist report includes a review of the tree inventory and report prepared for the project applicant and submitted to the Town. The Town arborist’s report provides specific recommendations for the preservation and protection of certain individual and groups of trees on the project site. Three groups of trees are recommended for preservation (see Figure 21 of the Initial Study for tree group locations): § Group A (17 Trees, #124 – 132, 134 – 141) is located along the southeastern boundary of the site and separate the property from the Charter Oaks neighborhood. § Group B (10 Trees, #25 – 28, 106, 107, 113 – 116) is situated on the southern perimeter of the site, also along the common property line with Charter Oaks residences. § Group C (22 Trees, #324, 326 – 346) lines Winchester Boulevard along the railroad right-of-way. The Town arborist’s report also indicates that the highest concentration of trees in “Fair to Good” condition are located on the project site’s landscape areas between Groups A and C. These trees include an oak (Quercus palustris) and three deodar cedars (Cedrus deodara) that could be considered specimen trees worth preserving. Additionally, two individual trees, a Chinese pistache (Pistacia chinensis) and a valley oak (Quercus lobata), in the northwest corner and northern central part of the site, respectively, should be considered for preservation. Since all of the development scenarios under consideration are only conceptual in nature, specific development plans for the project site could be configured to accommodate the Town arborist’s recommendations for specific tree preservation. However, based on the conceptual plan for Scenario 1, project development would have the potential to damage trees to be retained, a potentially significant impact. However, implementation of Mitigation Measure BIO-4 would require implementation of tree protection measures during construction, which would reduce this impact to a less-than-significant level. Habitat Conservation Plans – All Scenarios. The development scenarios and various configurations based upon these scenarios would not be in conflict with any approved local, regional, or state habitat conservation plan. Mitigation Measures – Biological Resources (BIO). In order to avoid impacts to special-status and migratory bird species during project implementation, the measures outlined below shall be implemented under all Project Scenarios. With the incorporation of the following measures, significant impacts on these species would be reduced to less than significant: BIO-1: Protection of Nesting Birds during Construction. The following measures shall be implemented prior to any on-site construction activities: a. Tree and shrub removal, pruning, and structure demolition should be conducted outside of the breeding season between September 1 and January 31 to avoid impacts to nesting birds. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 28 b. If tree and shrub removal, pruning, and structure demolition must occur during the breeding season (February 1 to August 31), preconstruction surveys shall be conducted within the project footprint and a 300-foot buffer, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning/grubbing or surface-disturbing activities. If no active nests are found, no further measures are necessary. c. If active nests i.e. nests with eggs or young birds present, of special-status or migratory birds are found, non-disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair’s tolerance to disturbance and the type/duration of potential disturbance. No work shall occur within the non-disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in cooperation with the CDFG and the USFWS. If buffers are established and it is determined that project activities are resulting in nest disturbance, work should cease immediately and the CDFG and the USFWS should be contacted for further guidance. d. If active raptor nests are found within 300 feet of construction activities, a qualified biologist shall be on site to monitor the nests for signs of breeding/rearing disruption. If it is determined that any construction activity is resulting in nest disturbance, work shall cease immediately and the CDFG and the USFWS shall be contacted to develop protective measures. BIO-2: Protection of Riparian Habitat during Construction. Project implementation would require the operation of heavy equipment and machinery for an extended period of time, increasing the level of human activity, noise, lighting, and drifting dust, potentially disrupting wildlife breeding and normal activities in the adjacent Los Gatos Creek riparian habitat. Such effects may reach significant levels without the incorporation of following measures: a. Project construction activities shall be restricted to daylight hours; nighttime work shall not be permitted. b. Use of elevated floodlights shall not be permitted; any exterior lighting shall be directed inward and shall not cause the illumination of the adjacent riparian habitat. c. Vehicle/equipment operations in the vicinity of the riparian corridor shall be minimized to the extent practicable. d. Dust control must be practiced during demolition and grading. BIO-3: Protection of Riparian Habitat during Project Operation. Implementation of any of the proposed scenarios could result in increased lighting of the riparian corridor at Los Gatos Creek. The mixed-use scenarios could also result in increased interaction between wildlife and domestic pets. Such effects may reach significant levels without the incorporation of following measures: a. The lighting of the selected scenario shall ensure that exterior lighting is directed inward and shall not cause the illumination of the adjacent riparian habitat. b. Restrictions shall be in placed to prevent the placement of pet food containers out-of-doors in areas accessible to wildlife. c. Free-roaming domestic pets (e.g. cats, off-leash dogs) shall not be permitted. d. All exterior trash receptacles shall be designed and maintained to exclude wildlife. BIO-4: Tree Protection and Replacement. In order to provide appropriate mitigation for the loss of Ordinance-protected trees, the following measures would be required: a. The project proponent shall secure a Tree Removal Permit from the Town of Los Gatos prior to removing or grading within the dripline of any protected tree. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 29 b. For the worst-case condition of tree impacts and the Town’s tree replacement formula, the maximum number and sizes of replacement trees that could be required are indicated as follows, but could be less depending on the final development design: Number of Trees Size 1282 24” box sized trees, and 4 36” box sized trees, and 4 48” box sized trees. or 54 36” box sized trees, and 236 48” box sized trees. Actual tree replacement would be based upon the final permitted number of trees removed. c. If a tree cannot be reasonably planted on the subject property, the value of the removed tree(s) shall be paid to the Town Forestry Fund to: § Add or replace trees on public property I the vicinity of the subject property, or § Replacement value of a tree shall be determined using the most recent edition of the Guide for Plant Appraisal, as prepared by the Council of Tree and Landscape Appraisers. d. Although the adjacent Los Gatos Creek corridor is not Town property, belonging to the Santa Clara Valley Water District, the Town may also consider accepting riparian habitat restoration and enhancement activities as compensation for the loss of some protected trees on the subject property. As described above, the riparian habitat is degraded by the presence of invasive non-native trees, which could be removed and replaced with native riparian trees. From the perspective of CEQA, enhancement and restoration of the adjacent riparian habitat would satisfactorily mitigate tree impacts resulting from project implementation. e. The project sponsor shall avoid planting ornamental species reported by the California Invasive Plant Council to have the potential to be invasive. Species on this list that can spread by wind–borne seed shall be prohibited from use in landscaping. The proposed list of landscaping species for the project shall be reviewed and approved by the Town. f. In addition to conformance to the Tree Protection Ordinance, the arborist’s report (Ellis 2011) also outlines protective measures before and during construction. Additional tree protection guidelines are presented in the Tree Protection Ordinance. These measures shall be implemented. g. During construction, accidental injury or removal to and protected trees shall be reported immediately to the Town and appropriate measures taken, as identified by the Town, to mitigate the non-permitted damage and to prevent further accidental impacts. h. The Town shall implement recommendations made by the Town’s consulting arborist, Deborah Ellis, in her February 18, 2011 report. These measures encompass design guideline recommendations encompassing the establishment of a Tree Protection Zone to preclude the disturbance of trees to be retained on the project site, erosion control measures, drainage control, and tree replacement requirements. In addition, the arborist’s report presents tree protection measures to be implemented before and during project construction. These recommendations are included as Attachment 3 of the Initial Study. Mitigation Monitoring. The Directors of the Community Development and Parks and Public Works Departments will be responsible for ensuring that these recommendations are reflected in final project plans and are properly implemented during and after construction. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 30 5. Cultural Resources Historical Resources – All Scenarios. There are ten existing structures on the site and they were constructed between the mid 1970’s and the early 1980’s. The project structures are less than 50 years old and do not meet federal or state criteria for historical resources. These structures also do not meet Town standards and guidelines for historical resources: (1) the project site is not located within an historic district; (2) the site and site structures do not have historical designations; and (3) structures on the site were constructed after 1941. Archaeological Resources and Human Remains – All Scenarios. A Cultural Resources Study for the project was completed by Holman & Associates in March 2011, and a copy of this report is on file at the Town Community Development Department. This study included an archaeological literature review, which was conducted by Holman & Associated at the Northwest Information Center (NWIC) on February 11, 2011 (NWIC file no. 10-0766). There are no historic and/or prehistoric sites located within the project site boundaries nor within 1,000 feet of the site, and the property was not formally inspected for cultural resources as part of the existing office development. Likewise, there are very few archaeological reports on file within a radius of a ¼-mile of the project, except for the cultural resource surveys done for the State Route 85 freeway construction project. A visual inspection of the project area was attempted by Holman & Associates on February 17, 2011, little to no actual original ground surface was visible, since it was mostly covered by buildings, paved streets, and parking lots. Visible surfaces between the building complexes appeared to be comprised of imported fill covered with grass and containing ornamental trees. Since a visual inspection of the ground surface was not possible, this study focused on assessing the potential to encounter buried prehistoric archaeological materials during construction. Although there is a lack of recorded archaeological resources in the general vicinity, the property must be considered to have a moderate potential for containing buried archaeological resources because it is located directly adjacent to Los Gatos Creek, within what would have been the riparian zone utilized by the Native American population of the Santa Clara Valley. Nearby major water courses such as Coyote Creek and the Guadalupe River have yielded numerous village and camp sites over the years, discovered either during surface reconnaissances or during construction-related earthmoving. Recent geo-archaeological testing done for the Guadalupe River parkway located former stable living surfaces (areas which remains unflooded for extended periods) buried under three to as much as ten feet of silt materials. For several thousand years, the native population moved in and out of the riparian zones on a seasonal basis, leaving behind archaeological deposits and the graves of their dead. Los Gatos Creek, supported an identical environment in prehistoric times. The current project area could contain archaeological deposits which have survived the development of the existing office complex, especially in those areas where deep excavation did not occur. Given the moderate potential to encounter buried archaeological resources, project implementation could significantly affect such resources if they are encountered during site grading, particularly during excavation for sub-grade levels of the parking garage. However, implementation of Mitigation Measures CUL-1 through CUL-3 would ensure appropriate actions are taken in the event buried archaeological resources are encountered during construction, reducing this impact to less than significant. Paleontological Resources – All Scenarios. Paleontological resources are the fossilized remains of plants and animals, including vertebrates (animals with backbones), invertebrates (e.g., starfish, clams, ammonites, and marine coral), and fossils of microscopic plants and animals (microfossils). The age and abundance of fossils depend on the location, topographic setting, and particular geologic formation in which they are found. Fossil discoveries not only provide a historic record of past plant and animal life, but may assist geologists in dating rock formations. A review of records maintained by the University of California Museum of Paleontology in Berkeley indicates that the closest paleontological resources recorded in Santa Clara County occur approximately 15.5 miles west of Los Gatos. These resources were MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 31 discovered in geologic strata dating from the Late Pliocene and Miocene epochs of the Tertiary Period (65 to 1.8 million years ago). The geologic evaluation for the proposed project indicates the site is underlain by Latest Pleistocene and late Holocene (Quaternary) alluvial deposits. These deposits are more recent and differ in age from those containing the recorded paleontological resources. Consequently, the potential for encountering paleontological resources at the project site is considered to be low. Mitigation Measures – Cultural Resources (CUL). The following measures shall be implemented by the project applicant under all Project Scenarios to reduce the project’s potential impacts on archaeological resources to a less-than-significant level: CUL-1: Archaeological Monitor. A qualified archaeologist shall be retained to monitor the site clearing and grading operations in those areas where buildings will be removed and/or new construction will occur. The archaeologist shall be present on-site to observe site clearing at a representative sample of building removal areas until he/she is satisfied that there is not longer a potential for finding buried resources. In the event that any potentially significant archaeological resources are discovered, the project archaeologist shall stop work inside a zone designated by him/her where additional archaeological resources could be found. A plan for the evaluation of the resource shall be submitted to the Community Development Director for approval. Evaluation normally takes the form of limited hand excavation and analysis of materials and information removed to determine if the resource is eligible for inclusion on the California Register of Historic Resources (CRHR). CUL-2: Identification of Eligible Resources. If an eligible resource is identified, a plan for mitigation of impacts to the resource shall be submitted to the Los Gatos Community Development Department for approval before any additional construction related earthmoving can occur inside the zone designated as archaeologically sensitive. Mitigation could include additional hand excavation to record and remove for analysis significant archaeological materials, combined with additional archaeological monitoring of soils inside the archaeologically sensitive zone. CUL-3: Discovery of Human Remains. Required monitoring will also serve to identify and hopefully reduce damage to human burials and associated grave goods. In the event that human remains are discovered, it shall be the responsibility of the project archaeologist to contact the County Coroner’s Office and the Native American Heritage Commission (NAHC). The NAHC is responsible for naming a Most Likely Descendant (MLD) who shall represent tribal interests in regards to human remains and associated grave goods. The MLD shall make recommendations to the Community Development Director regarding the method for exposure and removal of human burials and associated grave goods, and shall advise the Community Development Director regarding the place and method of reburial of these materials. Mitigation Monitoring. During construction, the Director of Community Development shall be responsible for ensuring that these measures are properly implemented. 6. Geology and Soils The assessment of potential geologic and seismic impacts of the proposed project is based on a geotechnical feasibility evaluation for project site prepared by Cornerstone Earth Group (CEG) that included geologic research and consolidation of data; a site reconnaissance; identification of potential geologic, seismic, and geotechnical impacts; and a discussion of potential mitigation measures. The Town retained AMEC Geomatrix Consultants, Inc. (AMEC), a geotechnical consulting firm, to peer review the CEG study. The AMEC peer review (dated February 14, 2011) concluded that the CEG feasibility MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 32 evaluation appropriately characterized the seismic and geotechnical impacts associated project site. Copies of all reports are on file at the Los Gatos Community Development Department. Seismic Hazards – All Scenarios. A review of the Town’s hazards maps indicates that the project site is not located within a zone of potential fault rupture or landslide and that a narrow band of the project site adjacent to Los Gatos Creek has a high to very high liquefaction potential. CEG indicates that the project site is not located in a currently designated Alquist-Priolo Earthquake Fault Zone. The property is located roughly 500 feet northeast of an area mapped as coseismic deformation caused by the 1989 Loma Prieta earthquake, and 150 feet northeast of mapped aerial photo lineaments. The property is also located within 2,300 feet of a dotted, concealed fault trace. However, the property is partially situated within a Santa Clara County Fault Hazard Zone. According to the Town of Los Gatos fault rupture hazard zone categories, the property is located in a “low” fault rupture potential zone, and no fault hazard study would be required for the site. Based on review of available information, CEG concluded that the potential for fault rupture hazards at the site is low because no active fault traces cross the site, therefore impacts related to fault rupture would be less than significant. As with most sites in the Bay Area, the proposed project site could experience strong ground shaking during a major earthquake in the area. However, the propose project improvements would be constructed to withstand groundshaking in accordance with the California Building Code, and therefore impacts related to ground shaking would be less than significant. Based on seismic hazard mapping by the California Geologic Survey, the proposed project site is located partially within an area mapped as having a potential for liquefaction. The Holocene alluvial fan deposits and terrace deposits identified at the site have the highest potential for liquefaction. Based on the presence of these materials, the potential for liquefaction is considered high. Lateral spreading occurs when relatively flat-lying materials such as those at the proposed project site move toward an open face such as an excavation, channel, or body of water. Based on the proximity of Los Gatos Creek to the northeast corner of the project site, the potential for lateral spreading is considered high. Ground rupture occurs when the pore pressures in liquefiable materials is great enough to break through the overlying materials. Based on the historic high groundwater depth of 20 feet, the potential for ground rupture due to liquefaction is considered low, but should be evaluated as part of the design level geotechnical investigations for the planned site improvements. Differential compaction could occur where near surface soils vary in composition. However, the near surface materials beneath the proposed project site generally consist of medium dense to very dense clayey and silty sands and gravels. Therefore the potential for differential compaction is low, but as for ground rupture, should be evaluated as part of the design level geotechnical investigations for the planned site improvements. Based on the high potential for liquefaction and lateral spreading, impacts related to seismic-related ground failure would be potentially significant. However, implementation of Mitigation Measure GEO-1, incorporation of appropriate design measures, would reduce these potential seismic hazards to a less-than- significant level. Landslides, Geologic Stability and Erosion Hazards – All Scenarios. The project site is located immediately east of Los Gatos Creek on an alluvial plain that is bounded by the Santa Cruz Mountains on the west and San Francisco Bay on the east; Los Gatos Creek is adjacent to the northeast corner of the site. Alluvial materials in the basin consist of unconsolidated and semi-consolidated stream and basin deposits that were deposited largely by ancestral creeks draining from the adjacent Santa Cruz Mountains. The western two thirds of the project site are underlain by Latest Pleistocene alluvial fan deposits mapped MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 33 by the CGS as “Qpf” and the eastern third is underlain by Holocene alluvial fan deposits mapped as “Qhf”. Both of these units consist of mixtures of sand, gravel, silt and clay deposited by the ancestral streams. The Latest Pleistocene deposits are approximately 10 percent denser than the Holocene age deposits. Regional uplift and down cutting through the alluvial fan deposits by Los Gatos Creek has resulted in terraces where Holocene age fluvial deposits interfinger with modern stream terrace deposits. The site is currently developed with approximately 10 commercial structures, and was previously the site of some residential development. Consequently, fill materials from previous developments could be present. In addition, several structures previously located at the site have been demolished, and it is not known how the resulting excavations were backfilled, and therefore loose, compressible fill materials could be present where excavations resulting from building demolition were backfilled. The geotechnical feasibility evaluation notes that there are several landscaping mounds at the site that could consist of loosely compacted fill materials. Although the State of California has mapped historic high groundwater at the site at a depth of approximately 20 feet, previous investigations at the site and in the vicinity that explored subsurface conditions to depths of 25 and 40 feet did not encounter groundwater. The depth to groundwater may be closely related to the depth of water in Los Gatos Creek and recharge from the creek. The proposed project site is located in an area with only gently sloping ground surfaces, and is not in an area of mapped debris flow source or of mapped potential for earthquake-induced landslides. Therefore, impacts related to landslides would be less than significant. The project site is currently developed within commercial structures, and was previously the site of some residential development. Excavation associated with construction of these structures would have removed any top soil historically present, therefore there would not likely be a well developed top soil horizon at the project site. Therefore, impacts related to loss of topsoil would be less than significant. The proposed conceptual grading plan is presented in Figure 22 of the Initial Study and it indicates that a maximum of approximately 15,000 cubic yards of material would be haul off-site under all scenarios. However, if proposed parking structures include sub-grade parking levels, as much as approximately 90,000 cubic yards of material would need to be off-hauled. The proposed grading concept would be to minimize site grading and minimize retaining wall heights to approximately four feet or less. Under Scenarios 3 or 4, the grading concept for residential uses would be different, but the grading concept is to conform to existing grades and limit extensive cuts and fills where possible. The proposed grading concept also indicates that the existing slope (and trees) along the southeastern project boundary would be retained (see Figure 22 of the Initial Study). Detailed grading plans would be prepared and evaluated during the Architecture and Site review process, and the Town will require (as a condition of project approval) preparation and implementation of a complete erosion control plan (including interim and permanent erosion control measures, including drainage measures to protect the water quality of the adjacent Los Gatos Creek). Measures to control post-construction erosion will also be specified in the required Stormwater Pollution and Prevention Plan for the project (see Section 9, Hydrology and Water Quality, for more discussion). The geotechnical feasibility evaluation conducted by CEG noted that there is undocumented fill at the project site as a result of previous development of the site for residential purposes, and because it is uncertain how excavations resulting from previous building demolition were backfilled. There are also several landscaping mounds at the site that could consist of loosely compacted fill materials. Because the level of consolidation of this fill is unknown, settlement could occur if a structure were located at least partially within the fill materials, resulting in distress to the structure. Based on this, impacts related to location on a geologic unit that could become unstable would be potentially significant. However, implementation of Mitigation Measure GEO-2, characterization and appropriate treatment of undocumented fill, would reduce this impact to a less-than-significant level. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 34 Soil Engineering Constraints – All Scenarios. The geotechnical feasibility evaluation conducted by CEG concluded, based on previous investigations, that the plasticity of the surficial soils at the project site is low. Therefore, impacts related to expansive soils would be less than significant. The proposed project would be served by the Los Gatos sanitary sewer, and would not require the use of septic tanks or alternative waste disposal systems. Therefore, this impact would not apply to the proposed project. Mitigation Measures – Geology and Soils (GEO). The following measures shall be implemented by the project applicant under all Project Scenarios to reduce the project’s seismic, geologic, and soil impacts to less-than-significant levels: GEO-1: Detailed Geotechnical Investigations. The project sponsor shall ensure that a design-level geotechnical investigation is conducted for each planned site improvement. The recommendations of the geotechnical investigation shall be incorporated in the final construction plans for the proposed project. These recommendations shall address liquefaction, lateral spreading, ground rupture due to liquefaction, and differential compaction. GEO-2: Undocumented Fill. The project sponsor shall require the removal of undocumented fill materials within proposed building excavations. Reuse of the fill materials shall only be allowed if they meet the requirements for engineered fill. Otherwise, imported engineered fill shall be required for building excavations. Undocumented fill materials that do not meet the requirements for engineered fill shall be reused for landscaping or in non-structural fill areas, or shall be disposed of off-site. Mitigation Monitoring. Prior to issuance of the grading permit, the Directors of the Community Development and Parks and Public Works Departments shall be responsible for ensuring that the recommended measures from the design-level geotechnical investigation are incorporated into plans and properly implemented, and undocumented fill materials are properly characterized and reused/disposed of off-site during construction. 7. Greenhouse Gases A detailed Greenhouse Gas Impact Assessment was completed by RBF Consulting in March 2011 and is included in Attachment 2 of the Initial Study. Modeling data included in Appendix A of the Air Quality and Greenhouse Gas Assessment are available for review at the Town Community Development Department and online at http://www.losgatosca.gov/. “Greenhouse gases” (so called because of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as “global warming.” These greenhouse gases contribute to an increase in the temperature of the earth’s atmosphere by transparency to short wavelength visible sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation. The principal greenhouse gases (GHGs) are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), ozone, and water vapor. Fossil fuel consumption in the transportation sector (on-road motor vehicles, off-highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately half of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about one-fourth of total emissions. Construction-Related GHG Emissions – All Scenarios. Project construction would generate exhaust emissions from off-road equipment, on-road trucking, and construction worker commuting traffic during this period, but these emissions are expected to contribute to short-term regional increases in GHGs. No state agency or the BAAQMD has adopted a methodology or quantitative threshold that can be applied to a specific development project to evaluate the significance of an individual project’s construction-related contribution to GHG emissions, such as those that exist for criteria pollutants. However, the recently adopted BAAQMD CEQA Guidelines recommend that a project’s construction-related GHG emissions MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 35 be quantified and a significance determination be made in relation to meeting AB 32 GHG reduction goals. Pursuant to the BAAQMD Guidelines, the URBEMIS2007 computer model was used to estimate the project’s construction-related annual emissions. GHG emissions from construction would result in 243 MT CO2e in Year 1; 385 MT CO2e in Year 2; 298 MT CO2e in Year 3; 325 MT CO2e in Year 4; and 159 MT CO2e in Year 5. While there is no adopted or proposed significance threshold for construction-related emissions, the project’s annual construction-related GHG emissions would be well below the proposed BAAQMD significance threshold for long-term operational emissions of 1,100 MT of CO2e per year. Therefore, the project’s construction-related GHG emissions are considered to be less than significant. In addition, implementation of Mitigation Measure AQ-1 and AQ-3 would reduce equipment idling time, ensure equipment is operating properly, and limit the amount of soil hauling truck VMT, which would reduce construction-related GHG emissions. Operational GHG Emissions. Implementation of the proposed project would contribute to long-term direct increases in greenhouse gases (GHGs) as a result of traffic increases (mobile sources) and indirect or secondary fuel combustion emissions from space or water heating, water delivery, wastewater processing and solid waste disposal. Project implementation would also result in other secondary operational increases in GHG emissions as a result of electricity generation resulting from project-related increases in energy demand. Scenario 1. Under Scenario 1, the project is estimated to generate a total of 7,001.26 MT CO2e per year (CO2e/yr) from direct and indirect sources. Direct project-related GHG emissions would include emissions from area sources and mobile sources. Indirect project-related GHG emissions include emissions from consumption of electricity, natural gas, and water, as well as wastewater and solid waste generation. Table 8 of the Initial Study presents the estimated direct and indirect unmitigated GHG (CO2, N2O, and CH4) emissions. As shown in Table 8 of the Initial Study, unmitigated operational-related emissions under Scenario 1 would be 7,001.26 MT CO2e/yr, which is equivalent to 8.17 MT CO2e per service population per year (CO2e /SP/yr), based on a service population of 857 employees (based on one employee per 350 s.f. of office space). Unmitigated GHG emissions would exceed the BAAQMD’s GHG significance threshold of 4.6 MT CO2e/SP/yr, a significant impact. However, if the BAAQMD’s scaled reduction methodology is applied to Scenario 1, GHG emissions could be reduced by 44.34 percent and the project’s mitigated operational GHG emissions would be 3,897 MT CO2eq/yr or 4.56 MT CO2eq/SP/yr based on a service population of 857. With incorporation of BAAQMD-recommended sustainable practices, which include water, energy, solid waste, land use, and transportation efficiency measures (as required in Mitigation Measure GHG-1), the project’s GHG emissions would be reduced to less than significant and would not exceed the 4.6 MT CO2e/SP/yr threshold. A list of the BAAQMD mitigation measures contained in the BAAQMD’s CEQA Air Quality Guidelines and the project’s consistency with each applicable measure are listed in Table 9 of the Initial Study. This table also identifies the associated scaled percent reduction and applicable sector based on the project’s consistency with the BAAQMD-recommended mitigation measures. These reduction percentages are based on the methodology presented in the BAAQMD’s CEQA Air Quality Guidelines. Reductions are presented in percentage ranges for each measure, and apply specifically to mobile, electricity, and natural gas sectors. Reductions from BAAQMD measures are scaled proportionally to their sector of project- generated emissions. For example, if measures would result in a 39.40 percent reduction in transportation-related emissions, and transportation accounts for 53.56 percent of the total emissions, then the scaled reduction would be 21.10 percent (0.5356 x 0.3940 = 0.2110). This process is completed for each sector. The total emission reductions are summed at the bottom of Table 9 of the Initial Study (44.34 percent) and applied to the overall total project-related GHG emissions in Table 10 of the Initial MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 36 Study. This table shows that when the BAAQMD reduction percentages are applied, GHG emissions from the proposed project would be reduced by 3,104.36 MT CO2e/yr, which equates to 4.56 MT CO2e/SP/yr. Thus, the project would not exceed the 4.6 MT CO2e/SP/yr threshold utilizing the BAAQMD scaled reduction methodology. Scenario 2. The development of Scenario 2 would result in less commercial office space than considered under Scenario 1. Construction impacts would be less than those associated with Scenario 1, as less development is proposed. At full development, Scenario 2 would result in 948 daily net new trips (69.67 percent reduction from 3,126 for Scenario 1). Proportionately reducing area and mobile source GHG emissions by 69.67 percent (proportion that Scenario 2 square footage is reduced by when compared to Scenario 1) would result in total GHG emissions of approximately 2,123.71 MT CO2e/yr. Utilizing a service population of 260 (one employee per 350 s.f. of office space), Scenario 2 would result in 8.17 MT CO2e/SP/yr, which would exceed the BAAQMD GHG threshold, a significant impact. However, with implementation of Mitigation Measure GHG-1, GHG emissions would be reduced by a scaled 44.34 percent, which equates to 1,182.05 MT CO2e/yr or 4.55 MT CO2e/SP/yr. Therefore, with implementation of Mitigation Measure GHG-1, the impact of Scenario 2 would be reduced to less than significant. Scenario 3. The development of Scenario 3 would consist of 200,000 s.f. of commercial office space as well as up to 516 high-density units. Utilizing the URBEMIS 2007 and BGM models, the total GHG emissions under Scenario 3 would be 6,870.34 MT CO2e/yr (see Appendix A of the Air Quality and Greenhouse Gas Assessment for detailed model output data). Utilizing a service population of 1,223 (one employee per 350 s.f. of office use and a net decrease of 50,000 s.f. of office space, and 2.39 persons per household), Scenario 3 would result in 5.61 MT CO2e/SP/yr, which would exceed the 4.6 MT CO2e/SP/yr GHG threshold, a significant impact. However, with implementation of Mitigation Measure GHG-1, GHG emissions would be reduced by a scaled 18.5 percent, which equates to 5,599.33 MT CO2e/yr or 4.58 MT CO2e/SP/yr. Therefore, with implementation of Mitigation Measure GHG-1, the impact of Scenario 3 would be reduced to less than significant. Scenario 4. The development of Scenario 4 would consist of 200,000 s.f. of commercial office space as well as up to 600 senior living units. Utilizing the URBEMIS 2007 and BGM models, the total GHG emissions associated with Scenario 4 would be 8,994.56 MT CO2eq/yr (see Appendix A of the Air Quality and Greenhouse Gas Assessment for detailed model output data). Utilizing a service population of 1,057 (one employee per 350 s.f. of office and a net decrease of 50,000 s.f. of office space, and 2.39 persons per household), GHG emissions under Scenario 4 would result in 8.46 MT CO2eq/SP/yr, which would exceed the BAAQMD’s 4.6 MT CO2eq/SP/yr GHG threshold, a significant impact. However, with implementation of Mitigation Measure GHG-1, GHG emissions would be reduced by a scaled 46 percent, which equates to 4,857.06 MT CO2e/yr or 4.59 MT CO2e/SP/yr. Therefore, with implementation of Mitigation Measure GHG-1, the impact of Scenario 4 would be reduced to less than significant. Greenhouse Gas Reduction Plans, Policies, and Regulations. Under the federal Clean Air Act, the U.S. Environmental Protection Agency (EPA) regulates GHG emissions through federal vehicle emissions limits for new motor vehicles and permitted stationary sources. None of these regulations directly apply to the proposed project. California has passed several bills and the Governor has signed at least three executive orders regarding GHGs. While the Governor’s Office of Planning and Research developed these CEQA significance thresholds in 2009 for GHG emissions, thresholds have yet to be established. GHG statutes and executive orders (EO) include EO S-1-07, EO S-3-05, EO S-13-08, EO S-14-08, EO S-20-04, EO S-21-09, AB 32, AB 1493, AB 3018, SB 97, SB375, SB 1078 and 107, and SB 1368 (see Attachment 2 of the Initial Study for a description of these orders and statutes). AB 32 establishes regulatory, reporting, and market mechanisms to reduced statewide GHG emissions to 1990 levels by 2020. Pursuant to this requirement, the California Air Resources Board (CARB) adopted its Scoping Plan, which contains the main strategies to achieve required reductions by 2020. However, on March 18, 2011, the San Francisco Superior Court MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 37 issued a final ruling that effectively blocks the CARB from implementing GHG reducing actions outlined in the Scoping Plan until CARB complies with CEQA. If the decision is finalized, the CARB will have to reconsider the environmental impact of the Scoping Plan and examine alternatives to the Scoping Plan’s cap and trade policy. Although implementation of certain elements of the Scoping Plan at the statewide level may be delayed, local GHG reduction policies would still apply to this project. In April 2008, the Town adopted near-term policy recommendations from the Santa Clara County Cities Association Green Building Collaborative. These policies require the submittal of a completed LEED or Build It Green’s Greenpoint Rated checklist as part of all planning applications and require all new public construction and renovation projects over 5,000 s.f. to achieve at least a LEED Silver certification. Requiring a checklist as part of a planning application does not require that the proposal incorporate green building practices. However, it will enable the Town to track the current use of green building practices and establish a baseline for future green building practices and requirements. The checklist requirement will also draw the attention of design and building professionals to the possibility of incorporating green building techniques into future projects. In addition, requiring LEED certification for new public construction and renovations will set an example and encourage sustainable practices for private developments. Construction - All Scenarios. While there is no adopted or proposed significance threshold for construction-related emissions, the construction-related GHG emissions would be well below the BAAQMD significance threshold for long-term operational emissions of 1,100 MT of CO2e per year. Therefore, the project’s construction-related GHG impacts would not conflict with the state’s goals of reducing GHG emissions to 1990 levels by 2020, and is considered less than significant. Operation - All Scenarios. The Town of Los Gatos does not yet have an adopted GHG reduction plan, although preparation of a Climate Action Plan is underway. The GHG reduction plan will identify goals, policies, and implementation measures that would achieve the goals of AB 32 for the entire community. According to the BAAQMD, a GHG reduction plan should: § Quantify GHG emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; § Establish a level, based on substantial evidence, below which the contribution to GHG emissions from activities covered by the plan would not be cumulatively considerable; § Identify and analyze the GHG emissions resulting from specific actions or categories of actions anticipated within the geographic area; § Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level; § Establish a mechanism to monitor the plan’s progress toward achieving the level and to require amendment if the plan is not achieving specified levels; and § Be adopted in a public process following environmental review. Until such a plan is implemented, the Town’s previously adopted GHG policies will require that a LEED checklist be completed for the office component of the project (Scenarios 1 and 2) during the Architecture and Site review process. If and when residential development is proposed (under Scenarios 3 and 4), a Greenpoint Rated checklist will be required for the residential component of the project during the Architecture and Site review process. However, if the Climate Action Plan has been completed by that time, the project will be required to implement policies and measures included in that plan. Also, as described above, the proposed project would comply with the 2010 California Green Building Code and would include design features to reduce energy and water consumption and reduce vehicle trips. For MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 38 these reasons, the project is considered to not hinder the state's GHG reduction goals established by AB 32, a less-than-significant impact. Mitigation Measures – Greenhouse Gases (GHG). The following measure shall be implemented by the project applicant under all Project Scenarios to reduce the project’s GHG emissions to a less-than- significant level: GHG-1: GHG Reduction Measures. A combination of the following list of sustainability and design features shall be incorporated into uses ultimately developed on the project siteto achieve the overall scaled reduction in GHG emissions necessary to meet the the BAAQMD’s significance threshold of 4.6 MT of GHG per service population per year). For example, based on development project scenarios reviewed in this report, scaled reductions would be required are as follows: 44.34 percent for Scenarios 1 and 2, 18.5 percent for Scenario 3, and 46 percent for Scenario 4. Prior to issuance of building permits, the project applicant shall demonstrate required scaled reductions are achieved through incorporation of a combination of sustainable project design features. Each measure and associated GHG reduction shall be identified and included on all project plans and specifications. One or more of the following sustainability and design features, or other measures that may become available in the future, shall be included to achieve the required scaled reductions in GHG emissions: § Provide secure on-site bike parking (ratio shall be at least one space per 20 vehicle spaces). § Provide information on transportation alternatives (i.e., bus schedules and maps) accessible to employees within each proposed building. § Provide preferential on-site carpool/vanpool parking. § Increase energy efficiency beyond Title 24 by 20 percent. § Install smart meters and programmable thermostats. § Plant shade trees within 40 feet of the south side or within 60 feet of the west sides of the buildings. § Install roofs with highly reflective materials (albedo of at least 30) to reduce cooling load. § Meet 2010 Green Building Code Standards. § Seal heating, ventilation, and air conditioning (HVAC) ducts to enhance efficiency and reduce energy loss. § Include solar photovoltaic or other technology to generate electricity on-site to reduce consumption from the electrical grid. § Implement employee telecommuting program. § Provide showers/changing faciltieis on-site for employee use. § Implement an on-site carpool matching program for employees. § Provide on-site amenities (i.e., eating and other establishments). § Increase the project design by 100 percent (i.e., presence of transit-oriented development design guidelines, complete street standards). § Work with the Bay Area Air Quality Management District (BAAQMD) to implement acceptable off-site mitigation. This involves an agreement with the BAAQMD and payment of fees or the purchase of carbon credits. The BAAQMD would commit to reducing the type and amount of emissions identified in the agreement. Mitigation Monitoring. Prior to issuance of the building permits, the Director of Community Development shall be responsible for ensuring that necessary measures are incorporated into plans to ensure that the BAAQMD GHG significance threshold is met. 8. Hazards and Hazardous Materials A Phase I Environmental Site Assessment (ESA) was conducted for the project site by Environmental Risk Specialties Corporation (ERS) in March 2011. The Phase I ESA is on file with the Los Gatos MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 39 Community Development Department. The following impact analyses rely on this Phase I ESA for information regarding the current use of hazardous materials at the project site, and the potential for soil or groundwater contamination to be present. Transport, Use, or Disposal of Hazardous Materials – All Scenarios. The Los Gatos Business Park includes approximately 250,000 square feet of existing office space. Based on the Phase I ESA, several of the businesses in the business park use hazardous materials and/or generate hazardous waste, typical of light industrial businesses. Although the Phase I ESA did not report the hazardous materials used at each facility inspected, the report stated that hazardous materials that have been used at the business park include propane, aluminum silicate, freon, Genosolv 2000, small quantities of radioactive materials in sealed sources, and other hazardous materials. The facility that used small quantities of radioactive materials was closed in 2003 and confirmation wipe samples collected at the time of closure confirmed the absence of radioactivity. There was also a diesel generator identified at two facilities. Hazardous Materials Business Plans or Hazardous Materials Inventories are on file with the Santa Clara County Fire Department for several of the facilities, and no substantial violations were noted for any of the facilities. Five of the existing businesses are classified as small quantity hazardous waste generators. An additional 13 businesses have manifested hazardous wastes for offsite disposal or recycling, including oxygenated solvents; liquids with halogenated organic compounds; unspecified solvent mixture waste; unspecified aqueous solutions; aqueous solutions with 10 percent or more total organic residues; waste oil; mixed oil; liquids with a pH less than 2; unspecified organic liquid mixtures; other organic solid waste; other inorganic solid waste; laboratory waste chemicals; alkaline solutions without metals; unspecified oil- containing waste; and off-specification, aged, or surplus organics. The proposed project would include development of office/light industrial uses with up to 550,000 square feet of office/light industrial space and replacement of all or part of the existing 250,000 square feet of existing office use, depending on the scenario. The project would increase the amount of office/light industrial space by up to 300,000 s.f., depending on the scenario. Because the existing permitted office uses include research and development, many of the new uses in the new office space could also involve the use of hazardous materials or generation of hazardous waste, similar to the existing businesses. If accidentally released during storage or transportation, these materials and wastes could cause human health effects to occupants of the new business park and residences, as well as surrounding populations, and could cause adverse environmental effects if released to the environment. While it is possible that the proposed project could result in greater use of hazardous materials and generation of hazardous waste because of the increased office/light industrial space, related hazardous materials impacts would be less than significant because any new business would be required to comply with the Los Gatos Town Code and Santa Clara County Fire Department Hazardous Materials Division requirements for the storage and handling of hazardous materials which incorporate state and federal requirements. As the Participating Agency for the Town of Los Gatos, the Santa Clara County Fire Department requires businesses that handle hazardous materials over the threshold quantities of 500 pounds for solids, 55 gallons for liquids, and 200 cubic feet for compressed gases to submit a Hazardous Materials Inventory Statement and Hazardous Materials Business Plan detailing hazardous material inventories, site layouts, training and monitoring procedures, and emergency response plans. These businesses must also comply with supplemental requirements for emergency response plans specified in Section 13.20.420 of the Los Gatos Town Code. Businesses that handle hazardous materials below these thresholds are required to obtain a permit from the Town of Los Gatos, and must comply with the requirements specified in Chapter 13, Article II of the Town Code related to the design, containment, drainage, and monitoring of hazardous materials storage areas, and must also submit a Hazardous Materials Management Plan to the Town of Los Gatos. The above requirements are intended to provide for the safe storage and handling of hazardous materials, and Sections 13.20.555 and 13.20.560 of the Town Code also specify requirements for reporting and MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 40 clean up of a release of hazardous materials at a permitted facility, which would ensure that any substantial release is appropriately contained and cleaned up. Transportation of hazardous materials would be subject to the requirements of a well-established regulatory framework. The California Highway Patrol and the California Department of Transportation (Caltrans) are the primary state agencies with responsibility for enforcing federal and state regulations pertaining to transport of hazardous materials within California. The U.S. Department of Transportation regulates the transport of chemicals and hazardous materials by truck between states. These agencies regulate container types and packaging requirements as well as licensing and training for truck operations, chemical handling and hazardous waste haulers. Release of or Exposure to Hazardous Materials and Potential Exposure to Hazardous Materials in Soil – All Scenarios. The Phase I ESA for the proposed project site reports that the property was historically used for orchards until the mid to late 1970s, when the buildings were first constructed at the site. In addition, railroad tracks historically bordered the western side of the property. The environmental database review conducted for the Phase I ESA did not identify any known chemical release sites at the property or within a distance that would affect soil or groundwater quality at the proposed project site. While a site inspection conducted on March 4, 2011 identified existing uses of hazardous materials, including the use of aboveground storage tanks, no chemical odors or evidence of chemical spills were observed. The Phase I ESA states that there is a groundwater monitoring well installed at 141 Albright Way that was properly abandoned under a permit from the Santa Clara Valley Water District in September, 2006. Soil excavation under the project site would be limited to a depth of several feet for construction of the new office and residential buildings, and a depth of approximately 8 feet for the parking garages. The depth to groundwater is 20 feet or greater as discussed in Section 6, Geology and Soils, and groundwater would not likely be encountered during construction. However, based on historic use of the property for orchards, pesticides (which commonly include metals) were likely applied to the soil. If pesticides or metals residues remain in the soil at concentrations above California Human Health Screening Levels or Environmental Screening Levels, listed in Table 11 of the Initial Study, construction workers, occupants of the business park and residences, and the public could be exposed to the contaminated soil. Depending on the nature and extent of the contamination encountered and whether or not proper precautions are implemented, this could potentially cause adverse health effects. Unless proper precautions are implemented, such materials could also cause adverse environmental effects if released to the environment. The soil may also require special disposal as a restricted or hazardous waste if metals concentrations exceeded the waste classification criteria listed in Table 11 of the Initial Study. Potential impacts related to exposure to hazardous materials in soil from past land uses (including orchards) would be potentially significant but mitigated to a less-than-significant level with implementation of Mitigation Measures HAZ-1a through HAZ-1e. Mitigation Measure HAZ-1a requires updating the environmental database review within three months of the start of construction to demonstrate whether any new chemical release sites have been identified that could affect soil quality at the proposed project site. Mitigation Measure HAZ-1b requires soil sampling to assess the potential presence of pesticides and metals in the soil, or chemicals from new sites identified by the updated database review, as well as implementation of regulatory requirements based on the results of the sampling. If concentrations of pesticides or metals exceed screening levels listed in Table 11 of the Initial Study, or the concentrations of other chemicals identified exceed their respective screening levels, Mitigation Measures HAZ-1c and HAZ-1d would be further required to reduce impacts related to exposure to hazardous materials in the soil to a less-than-significant level. These measures require implementation of a site health and safety plan and material disposal plan. Mitigation Measure HAZ-1e requires preparation of a contingency plan to address previously unidentified sources of contamination. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 41 Potential Exposure to Hazardous Building Materials – All Scenarios. As noted in the Phase I ESA for the project site, the existing buildings were constructed in the mid to late 1970s. Based on their age, asbestos-containing materials and lead-based paint may have been used in their construction. In addition, fluorescent light tubes containing mercury vapors, fluorescent light ballasts containing polychlorinated biphenyls (PCBs) or (2 ethylhexyl) phthalate (DEHP), and PCB containing electrical equipment may be present in the buildings that would be demolished. If friable or non-friable asbestos is present, there is a potential for release of airborne asbestos fibers when the asbestos-containing materials are disturbed, unless proper asbestos abatement precautions are taken. Such a release could expose the construction workers, occupants of the business park and residences, and surrounding populations to airborne asbestos fibers. Similarly, if lead-based paint is present and has delaminated or chipped from the surfaces of the building materials, there is a potential for the release of airborne lead particles, unless proper lead abatement procedures are followed. If PCBs are present in the building to be demolished, leakage could expose workers to unacceptable levels of PCBs (greater than 5 parts per million, based on Title 22, California Code of Regulations). Removal of fluorescent light tubes and fixtures could result in exposure to mercury vapors if the lights are broken or exposure to DEHP if present in the light ballasts. Potential exposure to hazardous building materials during building demolition would be potentially significant, but mitigated to a less-than-significant level with implementation of Mitigation Measure HAZ-2, which requires the project applicant to conduct surveys for hazardous building materials prior to demolition, and if warranted, to implement appropriate abatement and disposal procedures in compliance with applicable regulations. 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, which would also reduce impacts related to asbestos removal to less than significant. Naturally occurring asbestos can be released from serpentinite and ultramafic rocks when the rock is broken or crushed. At the point of release, the asbestos fibers may become airborne, causing air quality and human health hazards. These rocks have been commonly used for unpaved gravel roads, landscaping, fill projects, and other improvement projects in some localities. Asbestos may be released to the atmosphere due to vehicular traffic on unpaved roads, during grading for development projects, and at quarry operations. Serpentinite and/or ultramafic rock are known to be present in 44 of California's 58 counties. The project site is not located in an area where naturally occurring asbestos is likely to be present. Therefore, impacts associated with naturally-occurring asbestos would be less than significant. Demolition of Facilities Used for Hazardous Materials Storage – All Scenarios. In the absence of proper precautions, proposed demolition of the existing buildings could disturb hazardous materials currently stored and used which could expose workers, the occupants of the business park and residences, or the public to hazardous materials or result in an accidental release to the environment. However, prior to demolition, hazardous materials stored at these locations would be removed and the hazardous materials facilities in these building would be legally closed in accordance with a closure permit from the Santa Clara County Fire Department and demolition of these buildings would not result in a release of hazardous materials that would pose a threat to human health or the environment. Prior to demolition, the business owner or project sponsor would prepare a closure plan describing activities that would be conducted to demonstrate that hazardous materials that were stored, dispensed, handled, or used at the facility have been transported, disposed of, or reused in a manner that eliminates the minimizes any threat to public health and safety. The plan would include a description of the size and type of facility to be closed (including a site plan); the chemicals used at the facility; the procedures to be used for decontamination of the facility and equipment (if required) and the proposed method for disposal of all hazardous wastes generated from cleaning operations; planned disposition of hazardous materials and wastes from the facility in accordance with all state and federal laws; and a description of the planned sampling program to demonstrate that the facility has been completely decontaminated. Upon completion of closure, the business owner or project sponsor would be required to submit a post-closure report MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 42 documenting compliance with the closure plan, confirming appropriate disposition of all hazardous materials, and documentation all sampling conducted, including analytical results. Compliance with these regulatory requirements would ensure that impacts related to exposure to hazardous materials during building demolition would be less than significant. Hazardous Emissions or Use of Acutely Hazardous Materials – All Scenarios. Hazardous air emissions are toxic air contaminants (TACs) identified by the CARB and the BAAQMD. Extremely hazardous materials are defined by the State of California in Section 25532 (2)(g) of the Health and Safety Code. During project construction, only common hazardous materials such as paints, solvents, cements, adhesives, and petroleum products (such as asphalt, oil, and fuel) would be used, none of which are considered extremely hazardous materials. As discussed in Section 3, Air Quality, the only toxic air contaminant that would be emitted during construction is diesel particulate matter (DPM). Only one school is located within ¼ mile of the project site: Yavneh Day School, 820 feet to the southeast. As discussed in Section 3d, Exposure of Sensitive Receptors, implementation of Mitigation Measure AQ-4 would require supplemental emissions controls on construction equipment to reduce the exposure of sensitive uses to a less-than-significant level. Therefore, impacts associated with hazardous emissions within ¼-mile of a school would be less than significant during construction. There would be no use of extremely hazardous materials or emissions of TACs during project operation. Airports/Airstrips. The nearest airport to the proposed project is San Jose, located more than 7 miles to the north. Therefore, there is no impact associated with safety hazards due to location of the project within 2 miles of a public airport or in the vicinity of a private airstrip. Emergency Plans. The project would not impair or physically interfere with an adopted emergency response or emergency evacuation plan. The project will be required to comply with Fire Department Standard Details and Specifications to ensure adequate emergency access to project buildings by fire engines and ladder trucks (needed to access proposed high-rise structures). Therefore, the project’s impact on emergency response would be less than significant. Wildland Fire Hazards. The proposed project site is not located in a fire hazard zone within a local responsibility area or state responsibility area, and is not located in a zone of “Very High Fire Hazard” identified in the 2020 Los Gatos General Plan. Therefore, there is no impact related to risks associated with wildland fires. Mitigation Measures – Hazards and Hazardous Materials (HAZ). The following measures shall be implemented by the project applicant under all Project Scenarios to reduce the project’s hazards and hazardous materials impacts to less-than-significant levels: HAZ-1: Hazardous Materials Removal. The following measures shall be required to reduce public health risks related to removal and disposal of hazardous materials to a less-than-significant level: a. The project sponsor shall retain a qualified professional to update the environmental database review performed as part of the Phase 1 ESA no more than three months prior to the start of any construction activities that would involve disturbance of greater than 50 cubic yards of soil. The qualified professional shall prepare a report summarizing the results of the environmental database review that assesses the potential for any identified chemical release sites to affect soil quality at the proposed project site and identifies appropriate soil analysis to evaluate the potential for soil contamination at the proposed project site, if needed. b. The project sponsor shall retain a qualified professional to conduct appropriate sampling to assess the presence and extent of chemicals in the soil as needed for all construction activities under the proposed project that require disturbance of greater than 50 cubic yards MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 43 of soil. To evaluate the potential for the presence of pesticides and metals, sample analysis shall include dioxins and furans, chlorinated herbicides, chlorinated pesticides, and California Title 22 metals at a minimum. If contamination from a nearby site is indicated by the environmental database review conducted in accordance with Mitigation Measure HAZ-1a, then additional analysis shall be conducted in accordance with the recommendations of the qualified professional. The project sponsor shall also be required to notify the regulatory agencies if the concentration of any chemical exceeded its respective screening level. c. For excavation activities where chemical concentrations exceed environmental screening levels, the project sponsor shall require the construction contractor to prepare and to implement a site safety plan, based on the results of sampling conducted as specified in Mitigation Measure HAZ-1b, identifying the chemicals present, potential health and safety hazards, monitoring to be performed during site activities, soils-handling methods required to minimize the potential for exposure to harmful levels of the chemicals identified in the soil, appropriate personnel protective equipment, and emergency response procedures. d. If chemical concentrations exceed environmental screening levels, the project sponsor shall require the construction contractor(s) to prepare a material disposal plan, based on the results of sampling conducted as specified in Mitigation Measure HAZ-1b, for excess soil produced during construction activities. The plan shall specify the disposal method for soil, approved disposal site, and written documentation that the disposal site will accept the waste. If appropriate, materials may be disposed of on-site, under foundations or in other locations in accordance with applicable hazardous waste classifications and disposal regulations. The contractor shall be required to submit the plan to the project sponsor for acceptance prior to implementation. During construction, excess soil from construction activities shall be stockpiled and sampled to determine the appropriate disposal requirements in accordance with applicable hazardous waste classification and disposal regulations. e. The project sponsor shall require the construction contractor(s) to have a contingency plan for sampling and analysis of potential hazardous materials and for coordination with the appropriate regulatory agencies, in the event that previously unidentified hazardous materials are encountered during construction. If any hazardous materials are identified, the contractor(s) shall be required to modify their health and safety plan to include the new data, conduct sampling to assess the chemicals present, and identify appropriate disposal methods. Evidence of potential contamination includes soil discoloration, suspicious odors, the presence of USTs, or the presence of buried building materials. As discussed in Mitigation Measure HAZ-1b, the project sponsor would remove and notify the regulatory agencies of a discovered release. The assigned lead agency would oversee all aspects of the site investigation and remedial action; and determine the adequacy of the site investigation and remediation activities at the site HAZ-2: Hazardous Building Materials Removal. Prior to demolition of a building, the project sponsor shall incorporate into contract specifications the requirement that the contractor(s) have a hazardous building materials survey completed by a Registered Environmental Assessor or a registered engineer. This survey shall be completed prior to any demolition activities associated with the project. If any friable asbestos-containing materials or lead-containing materials are identified, adequate abatement practices, such as containment and/or removal, shall be implemented in accordance with applicable laws prior to demolition. Any PCB-containing equipment, fluorescent light tubes containing mercury vapors, and fluorescent light ballasts containing DEHP shall also be removed and legally disposed of. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 44 Mitigation Monitoring. Prior to Architecture and Site approval, the Directors of the Parks & Public Works and Community Development Departments shall be responsible for ensuring that these measures are incorporated into plans and contract specifications, prior to issuance of the grading permit. 9. Hydrology and Water Quality The project site is located in the urbanized, storm-sewered Vasona Light Rail area of Los Gatos, in the Los Gatos Creek watershed. Storm drains in the area discharge into Los Gatos Creek, and this creek flows through Campbell and San Jose, joining Guadalupe River approximately seven miles downstream of the project site. Stream flows ultimately discharge into San Francisco Bay via Alviso Slough. Los Gatos Creek is a Santa Clara Valley Water District (SCVWD) water management facility, and flows into Vasona Reservoir and then several percolation basins in San Jose prior to joining the Guadalupe River. Water Quality – All Scenarios. Water quality degradation is regulated by the Federal National Pollutant Discharge Elimination System (NPDES) Program. This program was established by the Clean Water Act to control and reduce pollutants carried to water bodies from point and non-point discharges. In California, the NPDES permitting program is administered by the State Water Resources Control Board (SWRCB) through nine Regional Water Quality Control Boards (RWQCB). The NPDES permit for the Town of Los Gatos is a permit that is issued to the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), an association of thirteen cities/towns in the Santa Clara Valley (including Los Gatos), Santa Clara County, and the Santa Clara Valley Water District. SCVURPPP participants share a common NPDES permit to discharge stormwater to South San Francisco Bay. To reduce pollution in urban runoff to the "maximum" extent practicable, the SCVURPP incorporates regulatory, monitoring, and outreach measures aimed at improving the water quality of South San Francisco Bay and the streams of Santa Clara Valley. Project construction would have the potential to degrade local water quality in nearby Los Gatos Creek. Due to the proximity of the creek channel to the project construction area, there would be a potential for erosion and downstream sedimentation if soil materials exposed during project construction were accidentally released. As a part of the project review process, the Town determined that the proposed development is located within a sub-watershed that is less than 65 percent impervious and that the Hydromodification Management (HM) Requirements could apply to this project under certain conditions, i.e. if it created or replaced more than an acre of impervious area, and the total impervious area of the project was increased. The project would not be subject to HM requirements if the post project impervious area is less than the pre-project condition. The project would create more than an acre of impervious area under all scenarios. HM requirements would apply to development scenarios that result in a total increase of impervious area The HM provisions of the Municipal Regional Stormwater NPDES Permit (MRP) require regulated projects to restrict runoff flow rates to pre-project values or less. All development scenarios would also create more than 10,000 s.f. of impervious area and must implement design, control, and engineered treatment measures. The development scenarios for the project site would include post-construction best management practices (BMPs) to clean stormwater runoff. Treatment measures for projects receiving Architecture and Site approvals prior to December 1, 2011 would include one or a combination of the following methods for the control of water quality from the site: bio-swales, prefabricated units such as Filterra stormwater bioretention filtration systems, bioretention cells, or other treatment measures that are required by the Town and comply with the guidelines of the RWQCB. The development scenarios under consideration for the project site have the potential to accommodate a variety of BMPs that would allow for the treatment of stormwater runoff from the site. Figure 23 of the Initial Study presents the conceptual stormwater quality control plan for the project site. The plan provides calculations of estimated site runoff requiring treatment and indicates potential locations for bio-swales throughout the site, as well as a typical MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 45 bio-swale section design. The proposed improvements reflected in Figure 23 of the Initial Study comply with current stormwater discharge requirements. New stormwater treatment regulations become effective December 1, 2011. The new regulations require that each Regulated Project treat 100 percent of the design storm runoff from a project’s drainage area with low impact development (LID) treatment measures onsite or at a joint stormwater treatment facility. LID measures include Rainwater Harvesting, Infiltration, Evapotranspiration, and Biotreatment (if prior LID measures are determined to be infeasible). Beginning December 1, 2011, projects submitted for Planning approval that create or replace 10,000 square feet of impervious surface ("Regulated Projects") will be subject to the new LID treatment requirements. Future Architecture and Site approvals for this project will be subject to the LID requirements if approved after December 1, 2011. Projects which disturb one or more acres of soil or projects which disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity. The project would be required to obtain coverage under the State’s General Permit for Storm Water Discharges Associated with Construction Activity. A Notice of Intent must be filed with the RWQCB and the Construction General Permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared. The SWPPP must be consistent with the terms of the Santa Clara Valley Urban Runoff Pollution Prevention Program’s recommended best management practices (BMPs) for construction activities, which could include the following: § Erosion Prevention and Sediment Control: Measures could include: avoiding excavation and grading during wet weather; limiting on-site construction routes and stabilizing construction entrances; removing existing vegetation only when absolutely necessary; constructing diversion dikes and drainage swales to channel runoff around the site; using berms and drainage ditches to divert runoff around exposed areas; planting vegetation on exposed slopes; covering soil stockpiles and landscaping materials; protecting storm drain inlets from sediment-laden runoff; using terracing, rip-rap, sand bags, rocks, straw bales to reduce runoff velocity and trap sediments; and collecting and detaining sediment-laden runoff in sediment traps. § Control of Erosion and Discharge of Sediment: BMPs are selected based on specific site conditions, construction activities, and cost. Various BMPs may be needed at different times during construction since activities are constantly changing site conditions. Selection of erosion- control BMPs will be based on the following: - Minimizing Disturbed Areas: Only clear land which will be actively under construction in the near term (e.g., within the next 6-12 months), minimize new land disturbance during the rainy season, and avoid clearing and disturbing sensitive areas (e.g., steep slopes and natural watercourses) and other areas where site improvements will not be constructed. - Stabilizing Disturbed Areas: Provide temporary stabilization of disturbed soils whenever active construction is not occurring on a portion of the site. Provide permanent stabilization during finish grade, and landscape the site. - Protecting Slopes and Channels: Safely convey runoff from the top of the slope and stabilize disturbed slopes as quickly as possible. Avoid disturbing natural channels. Stabilize temporary and permanent channel crossings as quickly as possible and ensure that increases in runoff velocity caused by the project do not erode the channel. - Controlling Site Perimeter: Delineate site perimeter to prevent disturbing areas outside the project limits. Divert upstream runoff safely around or through the construction project. Local codes usually state that such diversions must not cause downstream property damage or be diverted into another watershed. Runoff from the project site should be free of excessive MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 46 sediment and other constituents. Control tracking at points of ingress to and egress from the project site. - Retaining Sediment: Retain sediment-laden waters from disturbed, active areas within the site. § Manage Non-Stormwater Discharges and Materials: BMPs involve performing activities in a manner that keeps potential pollutants from coming into contact with stormwater or being transported off-site to eliminate or avoid exposure. § Contain Materials and Wastes: BMPs include storing construction, building, and waste materials in designated areas, protecting these materials from rainfall and contact with stormwater runoff, disposing of all construction waste in designated areas, keeping stormwater from flowing on to or off of these areas, preventing spills and cleaning up spilled materials. § SWPPP implementation requires staff training, site inspections, BMP monitoring, BMP maintenance, and stormwater pollution control documentation. The State Regional Water Quality Control Board implemented a new General Construction Permit (Order 2009-0009-DWQ), that became effective July 1, 2010. The primary additions to the new permit include: § Rainfall Erosivity Waiver: this General Permit includes the option allowing a small construction site (>1 and <5 acres) to self-certify if the rainfall erosivity value (R value) for their site's given location and time frame compute to be less than or equal to 5. The project site is not eligible for this waiver. § Technology-Based Numeric Action Levels: this General Permit includes NALs for pH and turbidity. § Technology-Based Numeric Effluent Limitations: this General Permit contains daily average NELs for pH during any construction phase where there is a high risk of pH discharge and daily average NELs turbidity for all discharges in Risk Level 3. The daily average NEL for turbidity is set at 500 NTU to represent the minimum technology that sites need to employ (to meet the traditional Best Available Technology Economically Achievable (BAT)/ Best Conventional Pollutant Control Technology (BCT) standard) and the traditional, numeric receiving water limitations for turbidity. § Risk-Based Permitting Approach: this General Permit establishes three levels of risk possible for a construction site. Risk is calculated in two parts: 1) Project Sediment Risk, and 2) Receiving Water Risk. § Minimum Requirements Specified: this General Permit imposes more minimum BMPs and requirements that were previously only required as elements of the SWPPP or were suggested by guidance. § Project Site Soil Characteristics Monitoring and Reporting: this General Permit provides the option for dischargers to monitor and report the soil characteristics at their project location. The primary purpose of this requirement is to provide better risk determination and eventually better program evaluation. § Effluent Monitoring and Reporting: this General Permit requires effluent monitoring and reporting for pH and turbidity in storm water discharges. The purpose of this monitoring is to determine compliance with the NELs and evaluate whether NALs included in this General Permit are exceeded. § Receiving Water Monitoring and Reporting: this General Permit requires some Risk Level 3 dischargers to monitor receiving waters and conduct bioassessments. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 47 § Post-Construction Storm Water Performance Standards: this General Permit specifies runoff reduction requirements for all sites not covered by a Phase I or Phase II MS4 NPDES permit, to avoid, minimize and/or mitigate post-construction storm water runoff impacts. § Rain Event Action Plan: this General Permit requires certain sites to develop and implement a Rain Event Action Plan (REAP) that must be designed to protect all exposed portions of the site within 48 hours prior to any likely precipitation event. § Annual Reporting: this General Permit requires all projects that are enrolled for more than one continuous three-month period to submit information and annually certify that their site is in compliance. Implementation of the Town-approved SWPPP and additional monitoring and reporting requirements specified in the General Construction Permit during project construction would ensure that potential construction-related water quality impacts would be less than significant. Groundwater Resources – All Scenarios. Geotechnical investigations at the site did not encounter any free ground water to the maximum depth explored of 25 feet. In addition, analyses for a project located at 14300 Winchester, approximately 500 feet northeast of the project site, did not encounter ground water in excavations to depths of approximately 40 feet. However, the State of California has mapped historic high ground water at the site at a depth of approximately 20 feet below grade. The presence of ground water may be closely related to the depth of water and recharge from Los Gatos Creek, just adjacent and southeast of the site. As suggested by previous borings and excavations in the area, ground water may be considerably deeper seasonally than the mapped historic high ground water depth. Fluctuations in ground water levels occur due to many factors including seasonal fluctuation, underground drainage patterns, seasonal recharge, regional and tidal fluctuations, and other factors. Drainage. Elevations on the site range from about 290 feet above mean sea level (MSL) at the southwest corner of the property to a low of about 265 feet at the southeast corner of the property. The site generally consists of an extensive, level terrace area that slopes gently to the southeast. The project site is developed with ten office buildings, parking lots, and landscaping. Storm drainage from the business park’s buildings and parking lots is collected in the on-site storm drain system and conveyed to the municipal storm drain system at the end of Charter Oaks Drive, adjoining the southeast corner of the project site. Presently, runoff flows from the project site are not treated for the removal of urban pollutants and water contaminants. The proposed development scenarios for the project site would include the removal of all or portions of the existing storm drain system on the property and replacement with appropriately designed storm drain facilities. The proposed utility plan for the project site (see Figure 26 of the Initial Study) includes a typical storm runoff collection system that would be implemented for drainage control on the property. Scenario 1. The conceptual grading plan for Scenario 1 (all-office development) indicates that impervious surfaces on the property cover approximately 15.8 acres of the site. This extent of impervious surface area would be reduced to 14.8 acres with the implementation of the all-office development plan, constituting a six percent reduction in impervious surface area on the site. In the event that the impervious area were to increase with project development, the HM requirements of the MRP would be triggered. Implementation of the HM requirements would insure that post project runoff rates would be equal or less than pre-project rates. Therefore, storm runoff volumes that would result from project development, whether impervious surface area is reduced or increased, could be accommodated by the existing municipal storm drain facilities located at Charter Oaks Drive and development under these two scenarios would have a less- than-significant impact on drainage facilities. Scenarios 2, 3, and 4. The development scenarios presented in Figures 7 through 10 of the Initial Study are only examples of potential plans that have been considered for the project site, and associated MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 48 impervious areas are not available. Each of these development scenarios will create or replace more than an acre of impervious area and will be subject to the HMP requirements of the MRP if they increase the total amount of impervious area when compared to the pre-project condition. The HMP requires that the runoff rates from the project match pre-project rates. In the event that total impervious area decreases, then HM provisions do not apply, but project runoff rates will be less than existing rates. Therefore, storm runoff volumes that would result from project development, could be accommodated by the existing municipal storm drain facilities located at Charter Oaks Drive and development under these three scenarios would have a less-than-significant impact on drainage facilities. Flood Hazards – All Scenarios. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for the project area, the site is located within Zone X, described as “Areas of 0.2% annual chance flood; areas of 1percent annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood.” Areas adjacent to the site along Los Gatos Creek are mapped within the channel floodway for the 1 percent annual chance flood. The geotechnical study for the proposed project recommends that a civil engineer evaluates and confirms this information, and verifies the base flood elevation during final design. The Association of Bay Area Governments has compiled a database of Dam Failure Inundation Hazard Maps (ABAG, 1995). The generalized hazard maps were prepared by dam owners as required by the State Office of Emergency Services and are intended for planning purposes only. Based on the review of these maps, the project site may be partially in an area designated as a dam failure inundation area. This is a potentially significant impact and would need to be confirmed during a final design level investigation. For the purposes of this study, it is assumed that the project site would be affected by inundation from dam failure. However, with implementation of Mitigation Measure HYD-2, the potential for flooding on the site from dam failure would be reduced to a less-than-significant level. Mitigation Measures – Hydrology and Water Quality (HYD). The following measure shall be implemented by the project applicant under all Project Scenarios to reduce the project’s storm drainage impacts to less-than-significant levels: HYD-1: Establish Potential Inundation Limits. The grading plans for the project design shall indicate the potential inundation elevations on the site and will identify specific measures to be implemented in order to minimize the potential effects of site inundation and preclude increased inundation hazards to downstream properties. Typical methods of controlling flood hazards include the use of grading to shield the development from inundation, or by setting interior finished floor elevations above expect inundation elevations. Mitigation Monitoring. Prior to Architecture and Site approval, the Directors of the Parks & Public Works and Community Development Departments shall be responsible for ensuring that these measures are incorporated into plans and contract specifications, prior to issuance of the grading permit. 10. Land Use and Planning The 2020 General Plan land use designation for the project site is “Light Industrial” use and the property is in a “Controlled Manufacturing” zone. The project site is also located within the Vasona Light Rail area (VLR), as determined by the Vasona Light Rail Element of the General Plan. Current use of the subject property involves research and development (R&D) office space within the Los Gatos Business Park. The project site consists of ten developed parcels within the business park at the intersection of Albright Way and Winchester Boulevard. The property includes eight one-story and two two-story research and development office buildings along with associated driveways, parking areas, and landscaping. The buildings were constructed on the site from the mid 1970s through the early 1980s. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 49 Divide an Established Community – All Scenarios. The development scenarios considered in this study and variations of these scenarios would result in the replacement of office buildings on the project site with new office structures or a mix of office and residential buildings as an integrated development plan for the property. The proposed development would not divide an established community. Project Consistency with Land Use Plans and Policies. The project applicant proposes to rezone the property by modifying the existing Planned Development “CM:PD” (Controlled Manufacturing with a Planned Development overlay zone), which would allow for redevelopment of the site for expanded office use or to a mix of office and residential land uses. According to Section 29.80.080 of the Town Municipal Code, the purpose of the PD or Planned Development overlay zone is to provide for alternative uses and developments more consistent with site characteristics than are allowed in other zones, and so create an optimum quantity and use of open space and encourage good design. The PD zone permits establishment of a single use or the integration of several uses not ordinarily possible, but only if the use and development are in compliance with a complete development plan showing relationships of the use or uses to each other, to the district as a whole, and to surrounding areas. The development proposed for the project site may consist of office only, or a mix of office and multi- family/senior residential uses. The project could include up to a maximum of 550,000 square feet (s.f.) of office space or a combination of less office space with residential uses. Residential uses could include up to a maximum of 516 multi-family units or up to a maximum of 600 senior units. The specific design and final mix of uses for each phase of the project would be determined at the Architecture and Site review stage, and any combination of uses authorized by the PD zoning may be approved up to the stated maximums. Land use planning within the Los Gatos community is guided through the formulation of the Town’s General Plan and associated planning documents, such as specific plans and the Zoning Ordinance. The Town has recently completed an update of its General Plan for the period through 2020. The Land Use Element of the 2020 General Plan is the framework of the General Plan and is intended to inform and shape the future physical development of Los Gatos. This Element sets forth the patterns of development activity and land uses that will support and enhance the character of the Town. In addition to the Land Use Element, the General Plan includes the Vasona Light Rail Element. This Element provides more specific land use planning goals and policies as these relate to the properties within the VLR area. Since the project site is within this area and is located in close proximity to the future Vasona Light Rail station, the policies of this General Plan element are also particularly relevant to development proposals for the project site. Scenarios 1 and 2. The principal focus of the future project site use is to continue providing for research and development office space on the subject property. This existing use would be expanded through the complete replacement of the ten existing office buildings on the site with five larger structures that would be located for the most part in the center of the property. The new office buildings would increase office space on the site from approximately 250,000 s.f. to 550,000 s.f. under Scenario 1 or approximately 341,000 s.f. under Scenario 2. Land Use Element. The 2020 General Plan Land Use Element (page LU-8) acknowledges the project site as one of three areas within the community that are designated for Light Industrial uses such as production, manufacturing, and research and development. Additional allowed uses include self-storage and automobile service garages. Light industrial uses are permitted to develop at up to 50 percent land coverage with a 35-foot height limit for structures. The Light Industrial designation provides for large- scale office developments and well-controlled research and development, industrial-park-type and service-oriented uses subject to rigid development standards. These uses should respond to community or region-wide needs. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 50 In order to maximize office/R&D use of the site, the project proposes to modify the property’s Planned Development (PD) Overlay Zone. The PD overlay zone is intended to ensure orderly planning and quality design that will be in harmony with the existing or potential development of the surrounding neighborhood. The Planned Development Overlay is a specially tailored development plan and ordinance that designates the zoning regulations for the accompanying project, sets specific development standards, and ensures that zoning and the General Plan are consistent. Commercial, residential or industrial property or a mixture of these uses may be considered for a Planned Development Overlay. The Land Use Element includes general guidelines for the preservation, promotion, and control of industrial uses within the community. In particular, the Element identifies: § Goal LU-9: To provide residents with adequate commercial and industrial services. This land use goal supports the General Plan philosophy of ensuring that the town develops as a balanced and full-service community, providing its residents with a full range of opportunities. The proposed office/R&D-only development scenarios would support this goal by providing more intensive light industrial development in one of three light industrial development areas in the community. The expansion of existing uses on the site focuses this land use in an area already designated for such use and reduces the development pressure for this use in other, less suitable locations within the project area and community. The increased availability of this type of office space would provide additional employment opportunities within the community. The achievement of Goal LU9-4 relies on the implementation of appropriate policies that will be applied to development proposals over the course of the 10-year planning period indicated by the General Plan. Specific policies that relate to the proposed land uses on the project site include the following: § Policy LU-9.4: Encourage existing light industry and service commercial uses to remain or be replaced with similar uses. § Policy LU-9.6: Encourage development that maintains and expands resident-oriented services and/or creates employment opportunities for local residents consistent with overall land use policies of the Town. § Policy LU-9.9: Buffers shall be required as conditions of approval for non-residential projects that are adjacent to residential areas and may consist of landscaping, sound barriers, building setbacks, or open space. § Policy LU-9.10: Prohibit new commercial or industrial zoning adjacent to school sites and carefully consider the impacts of new school sites in industrial and commercial land use designations. The all-office scenarios conform to these policies by proposing to continue light industrial uses on the project site, or replacing these existing uses with similar office/R&D uses (Policy LU-9.4). The expansion of office space to be available on the project site creates employment opportunities for local residents (Policy LU-9.6). The proposed expansion of office uses at the site would be consistent with the provisions of the proposed PD zoning. These development scenarios include project elements that maintain existing buffers composed of extensive building setbacks and landscape preservation and enhancement (Policy LU9.9). These measures would provide a buffer zone and visual screening between the proposed office buildings and the Charter Oaks neighborhood residences. With regard to Policy LU-9.10, the project site is currently designated and zoned for industrial use and is not located adjacent to a school site. The Yavneh Day School is approximately 820 feet to the east of the subject property, and not in close proximity to the site. The proposed all-office development scenarios would be consistent with this land use policy. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 51 Vasona Light Rail Element. The Element indicates that Vasona Light Rail mass transit facilities are to be extended along Winchester Boulevard, linking the Town with the rest of Silicon Valley and the Bay Area. The Town is planning to take advantage of the mass transit opportunities presented by these connections. The VLR Element identifies land uses planned for this area and how they will affect and benefit the entire community. In addition to the goals and policies of the Land Use Element, the VLR Element presents land use goals and specific, supporting policies for future development in the VLR area. The VLR Element goals and policies are required to be internally consistent with the General Plan and pertain specifically to development plans for properties within the VLR area. Policies most relevant to the all-office development scenarios include the following: § Policy VLR-3.5: Projects in the Vasona Light Rail area proposing all commercial, office or residential uses shall be evaluated to ensure that the Town’s desire for mixed-use is fulfilled. § Policy VLR-4.2: Non-residential development projects shall limit impacts on residential uses. The all-office scenarios would be subject to evaluation based upon Policy VLR-3.5. While the VLR Element provides extensive discussion of policies promoting mixed-use in appropriate locations within the VLR area, the Element indicates that suitable locations include Vasona Junction, Oka Road, and North Forty sub-areas as target locations for future development. The project site is not specifically identified as suitable for mixed-use development. Policy VLR-4.2 provides guidance and direction for non-residential development proposed in the VLR area. The all-office development scenarios would limit potential impacts on the adjoining residential uses in the Charter Oaks neighborhood and on Smith Ranch Court through project design elements which separate and buffer residential properties from the business park. These design elements include setbacks from property boundaries, extended distances between project buildings and residences, and the maintenance and enhancement of landscape tree plantings along the site perimeter. Access to the project site would remain from Winchester Boulevard and no other vehicle access (aside from an EVAE on Charter Oaks Drive) would be available between the two uses. The review of applicable land use policies for the project development Scenarios 1 and 2 indicates that the all-office projects would conform to the policies of the General Plan’s Land Use and VLR elements. Therefore, potential conflicts with these policies would be less than significant. Scenarios 3 and 4. Scenario 3 would involve the demolition of the office buildings on the project site and construction of 200,000 s.f. of office space in two new buildings on the northern part of the property; the net effect of this scenario would be the reduction of office space on the project by 50,000 s.f. The southern part of the project site would be developed with up to 516 multi-family units. Scenario 4 would entail demolition of all office buildings on the subject property and the construction of 200,000 s.f. of new office space in two new buildings on the northwestern portion of the site. Similar to Scenario 3, this development plan would reduce overall office space on the project site by 50,000 s.f.; the southern and eastern parts of the site would be developed with up to 600 senior housing units. Land Use Element. The Land Use Element addresses the desirability of mixed-use development within the community primarily through discussion of suitable locations in commercial areas and the Central Business District. The principal evaluation of appropriate mixed-use development for the project area is presented in a discussion of the North Forty portion of the VLR area (page LU-17 of the Land Use Element). Planning for mixed-use development in the VLR area is addressed more extensively in the VLR Element of the General Plan. Vasona Light Rail Element. As indicated in the VLR Element, Los Gatos has a need for affordable housing, both for seniors and families. Areas adjacent to the VLR transit facility and Highway 85 would MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 52 be good locations for meeting these Town needs due to their proximity to mass transit and to commercial needs of the future residents (page VLR- 2). Scenarios 3 and 4 specify the development of multi-family or senior residential units on the project site along with new office/R&D use. These development scenarios would provide new housing within the Vasona Light Rail (VLR) area and would be consistent with goals and policies of the Vasona Light Rail Element of the General Plan. In particular, Goals VLR-2 and VLR-3 encourage the development of affordable housing (senior, multi-family, and mixed-use with housing) in appropriate locations and in proximity to employment centers. § Goal VLR-2: To encourage affordable housing (senior housing, multi-family housing, mixed-use with housing) in appropriate locations within the Vasona Light Rail area to address the Town’s housing needs and take advantage of the opportunities afforded by mass transit. § Goal VLR-3: To encourage mixed-use developments that coordinate housing in proximity to either neighborhood commercial uses or employment centers. Project Scenarios 3 and 4 include the development of multi-family and/or senior housing along with new office space on the subject property. The development proposals under these scenarios would locate multi-family or senior housing in close proximity to the future Vasona Junction mass transit station and the employment center consisting of the new office buildings that are a part of both scenarios. It should be noted that the level of office space development under these scenarios would decrease from existing levels by approximately 50,000 s.f., potentially resulting in a corresponding reduction in the number of jobs from current levels. In support of the VLR Element goals, the following policies would affect the future design elements of residential uses proposed as part of mixed-use scenarios: § Policy VLR-2.1: Encourage development of residential rental units throughout the Vasona Light Rail area. Residential development proposals shall demonstrate how they address the Town’s unmet housing goals for affordable housing. § Policy VLR-2.2: Proposed mixed-use projects in the Vasona Light Rail area which include residential uses shall assist the Town in meeting its housing goals of providing rental units, senior housing, and affordable housing. § Policy VLR-3.3: Encourage a mix of commercial, office and light industrial and recreational uses within the Vasona Light Rail area, especially in areas less suited to residential development due to noise. § Policy VLR-8.2: Development projects in the Vasona Light Rail area shall incorporate design features to buffer dwelling units from the visual and noise impacts of Highway 17 and Highway 85. The plans for the mixed-use development scenarios on the project site specify the inclusion of affordable and/or senior housing. The number of affordable housing units that are to be included as part of the project would be determined jointly with the Town to ensure that the community’s needs are met (Policies VLR-2.1 and -2.2). The development of a mixed-use project that includes residential and office/R&D would not conform to Policy VLR-3.3. The project site is affected by noise generated from SR 85 and necessary setback distances or residential building design elements to ameliorate noise conditions on the property would make the project site less suited to residential development than other properties in the VLR area (Policy VLR-3.3). In Sections 1, Aesthetics, and 12, Noise, potentially significant visual and noise compatibility impacts are identified. Specific design elements for multi-family or senior residential uses would need to be MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 53 incorporated into the designs under these two scenarios to reduce the visual and noise impacts from SR 85 along the northern boundary of the project site (Policy VLR-8.2). The mixed-use development proposals under these scenarios would be required to incorporate visual and noise mitigation measures in order to ensure compliance with this policy. The review of applicable land use policies for the development proposals under Scenarios 3 and 4 indicates that the mixed-use projects would not conform to Policies VLR-3.3 and VLR-8.2.. However, with the incorporation of Mitigation Measures AES-1 and NOI-1 (see Sections 1, Aesthetics and 12, Noise for more discussion), potential conflicts with Policies VLR-3.3 and -8.2 would be less-than- significant. Conflict with Habitat Conservation or Natural Community Conservation Plans – All Scenarios. The Los Gatos General Plan does not identify any habitat conservation plans or natural community conservation plans that apply to the project site. 11. Mineral Resources All Scenarios. The Los Gatos General Plan does not identify any regionally or locally-important mineral resources on the project site or in its vicinity. 12. Noise A detailed Acoustical Assessment was completed by RBF Consulting in March 2011 and is included in Attachment 4 of the Initial Study. Noise measurement and modeling data included in Appendices A and B of this assessment are available for review at the Town Community Development Department and online at http://www.losgatosca.gov/. Certain land uses are particularly sensitive to noise, including schools, hospitals, rest homes, long-term medical and mental care facilities, and parks and recreation areas. Residential areas are also considered noise sensitive, especially during the nighttime hours. Existing sensitive receptors located in the project vicinity include residential uses, recreational uses, schools, hospitals, and places of worship. Sensitive receptors and their proximity are listed in Table 6 of Section 3, Air Quality, in the Initial Study. Noise Compatibility of Proposed Uses. Noise guidelines and standards that are applicable to the project include the following: Los Gatos Noise Element. The Noise Element of the Los Gatos 2020 General Plan, establishes goals and policies for reducing noise levels in the Town. Policies aimed at reducing noise levels must address specific sources of unwanted noise, as well as noise-sensitive receptors. The Noise Element contains guidelines for use in land use planning to reduce future noise and land use incompatibilities (Figure NOI- 1 of the Noise Element). These guidelines define acceptability by land use and the following would pertain to the project: § Office Use: Noise levels up to 70 dBA (DNL or CNEL) are “normally acceptable” while noise levels between 67 and 77 dBA are “conditionally acceptable.” Noise levels above 75 dBA are “normally unacceptable” for this use. § Multi-family Residential Use: Noise levels up to 65 dBA (DNL or CNEL) are “normally acceptable” while noise levels between 60 and 70 dBA are “conditionally acceptable.” Noise levels between 70 dBA and 75 dBA are “normally unacceptable” and noise levels above 75 dBA are “clearly unacceptable” for this use. The Noise Element also establishes outdoor noise limits (Table NOI-2 of the Noise Element), which represent long-range community goals for different land use designations within the Town. Policy NOI- 2.2 requires that all noise-sensitive developments adjacent to or within an area where noise levels exceed community aspirations include a noise study and recommendations for reducing noise impacts to an acceptable level. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 54 Vasona Light Rail Element. Policies in this element call for incorporation of design features to mitigate noise impacts of the light rail facilities on residential neighborhoods. State Noise Insulation Standards. Titles 24 and 25 of the California Code of Regulations set forth requirements for the insulation of multiple-family residential dwelling units from excessive and potentially harmful noise. Whenever multiple-family residential dwelling units are proposed in areas with noise levels over 60 dBA (DNL), an acoustical analysis is required to demonstrate how dwelling units have been designed to meet an interior standard of 45 dBA (DNL). Los Gatos Noise Ordinance. Sections 16.20.015 and 16.20.030 (Exterior Noise Levels for Residential and Commercial/Industrial Zones) of the Los Gatos Municipal Code limits noise increases from stationary sources to 6 dBA on residential-zoned property and 8 dBA on industrial-zoned property above the noise levels specified for the project site on the ordinance’s Noise Zone Map (Map 126), which are as follows: § 6:00 a.m. to 1:00 p.m.: 55 dBA § 1:00 p.m. to 10:00 p.m.: 56 dBA § 10:00 p.m. to 6:00 a.m.: 48 dBA Planned development (PD)-zoned properties are allowed to deviate from the above ordinance standards. Existing Noise Environment. The project site is located adjacent to the State Route 85 freeway and Winchester Boulevard and they are the predominant sources of noise in the site vicinity. In addition, there are existing railroad tracks that extend along the western project boundary. Existing train operations occur infrequently, typically several times per week on weekdays. This track is used to access Lehigh Permanente Cement in Cupertino and traverses many neighborhoods to the north of the site. An unloaded train typically passes the site around noon traveling north to the cement facility. Once loaded, the train leaves the facility and passes the site during the afternoon. In order to determine ambient noise levels at the site, four short-term noise measurements were collected on the site. A summary of noise measurement results is presented in Table 12 of the Initial Study. Short-term (Leq) measurements are considered representative of the noise levels throughout the day and relate closely with the Town’s noise standards, which are expressed in DNL. DNL values are calculated from hourly Leq values, with penalties for the nighttime period (10:00 p.m. to 7:00 a.m.) to reflect the greater disturbance potential from nighttime noise. Noise sources in the project area (i.e., traffic and mechanical equipment) become less active and generate less noise in the project area during the nighttime period. As a result, the relationship between daytime Leq and DNL is typically less than 1 to 2 dBA in areas such as the project site. Based on short-term measurements, existing DNL noise levels on the site range between 58 and 70 dBA. Past noise measurements collected on properties to the west and north (also adjacent to State Route 85 and Winchester Boulevard) indicate similar relationships between daytime Leq and DNL. Noise measurements taken on the property west of the site also indicate that train operations on the tracks along the west side of the site increase DNL noise levels by up to 2 dBA in proximity to the railroad tracks along Winchester Boulevard. With train operations, noise levels could reach 70 dBA along the western boundary on the days when train operations occur. The planned Vasona Light Rail Station will be located on Winchester Boulevard, approximately 550 feet to the north of the site and State Route 85 freeway. Since the route for the light rail train ends at this station and this would be the closest distance between the site and these rail operations, noise from light rail operations or the station is not expected to affect noise levels at the site. Using the future traffic volumes on Winchester Boulevard (between State Route 85 and Wimbledon Drive) and the Federal Highway Administration (FHWA) TNM 2.5 model, noise levels were estimated at eight potential receptor locations on the site and they range from 55 to 65 dBA (DNL). The highest levels MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 55 (58 to 65 dBA DNL) would be located adjacent to State Route 85, while future noise levels along Winchester Boulevard would be 55 to 62 dBA (DNL) without train operations and 55 to 64 dBA along Winchester with train operations. Standard building construction practices typically result in approximately 20 dBA of noise attenuation with windows closed, which would result in interior noise levels of less than 45 dBA (DNL). Compatibility of Proposed Uses with the Noise Environment. For purposes of determining the compatibility of proposed uses with the existing and future noise environment on the site, existing and future noise levels are compared to the Town’s Outdoor Noise Limits, which are as follows: 70 dBA (Leq(24)) for commercial use, 55 dBA (DNL) for residential use, and 55 dBA (Leq(24)) for developed parks. Scenarios 1 and 2. When compared to the Town’s Outdoor Noise Limits for commercial uses, the proposed office buildings would be subject to future noise levels of up to 70 dBA (DNL) on the project site due to traffic and railroad noise along Winchester Boulevard and traffic noise along the State Route 85 freeway. Such noise levels are considered “normally acceptable” for office use. Therefore, the proposed office use is considered to be compatible with existing and future noise conditions at the site and noise compatibility impacts would be less than significant. Scenarios 3 and 4. These two scenarios would involve the development of both office and residential uses on the site. Noise compatibility of proposed office uses would be the same as described for Scenarios 1 and 2, a less-than-significant impact. However, existing and future noise levels on the site would exceed the Town’s Outdoor Noise Limits for residential (55 dBA DNL) and open space/park (55 dBA Leq(24)) uses in some areas of the site, but these exceedances are not a significant impact since the Noise Element’s Policy NOI-1.3 acknowledges these limits are “long-range community aspirations…” and “may be presently unattainable.”. When compared to the Town’s land use compatibility noise guidelines for multi-family residential uses, existing and future noise levels are “conditionally acceptable” and new construction should be undertaken only after a detailed analysis of noise reduction requirements is made and needed noise insulation features are included in the project design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning will normally suffice in areas with noise levels up to 70 dBA (DNL). Therefore, this potentially significant impact would be reduced to a less-than-significant level with implementation of Mitigation Measure NOI-1, which requires incorporation of noise reduction requirements as necessary during Architecture and Site review when detailed plans for residential uses are prepared. This analysis shall include recommendations for noise reduction measures as necessary to at least meet the Town’s land use compatibility noise guidelines at a minimum, and the Town’s Outdoor Noise Limits if possible. Implementation of measures would reduce potential noise compatibility impacts to a less-than-significant level. In addition to Town noise guidelines, state Noise Insulation Standards require that interior noise levels not exceed 45 dBA (CNEL or DNL) in any habitable room with all doors and windows closed and an acoustical analysis is required to demonstrate how dwelling units have been designed to meet this interior standard where such units are proposed in areas subject to noise levels greater than 60 dBA (CNEL or DNL). These guidelines and standards would apply to residential units proposed under these scenarios. Since existing and future noise levels on the site would exceed 60 dBA (DNL) in some locations and the locations and design of proposed residential uses have not yet been located and defined, this potential conflict is considered to be a potentially significant noise impact. However, this impact would be reduced to a less-than-significant level with implementation of Mitigation Measure NOI-1, which requires incorporation of noise reduction requirements as necessary during Architecture and Site review when detailed plans for residential uses are prepared. This analysis shall include recommendations for noise reduction measures as necessary to meet the state Noise Insulation Standards. Groundborne Noise and Vibration. Vibration effects from project-related construction activities under each scenario would be as follows: MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 56 Scenario 1. Project construction can generate varying degrees of groundborne vibration, depending on the construction procedure and the construction equipment used. Operation of construction equipment generates vibrations that spread through the ground and diminish in amplitude with distance from the source. The effect on buildings located in the vicinity of the construction site often varies depending on soil type, ground strata, and construction characteristics of the receiver building(s). The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibration at moderate levels, to slight damage at the highest levels. Groundborne vibrations from construction activities rarely reach levels that damage structures. The types of construction vibration impact include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time. The Federal Transit Administration applies a vibration damage threshold of 0.20 inches per second (in/sec) Peak Particle Velocity (PPV) for fragile buildings. Operation of impact or vibration pile drivers or large truck-mounted compactors can generate vibration levels that would disturb adjacent receptors and result in cosmetic damage to adjacent structures at distances of less than 50 feet. However, such equipment is not expected to be required for project construction. The threshold distance can vary substantially depending on the soil composition and underground geological layer between vibration source and receiver. In addition, not all buildings respond similarly to vibration generated by construction equipment. With regard to the proposed project, groundborne vibration would be generated primarily during site clearing and grading activities on-site and by off-site haul-truck travel. Typical vibration levels generated by construction equipment are presented in Table 13 of the Initial Study. Groundborne vibration decreases rapidly with distance. Based on the Federal Transit Administration (FTA) data, Table 13 of the Initial Study indicates that typical vibration velocities from heavy construction equipment operation during project construction would range from 0.003 to 0.089 in/sec PPV at 25 feet from the source of activity. At 75 feet from the source activity, vibration velocities would range from 0.001 to 0.017 in/sec PPV. Therefore, operation of most construction equipment 25 feet or more from adjacent structures is not expected to result in cosmetic damage to any adjacent structures. Ordinary buildings that are not particularly fragile would not experience any cosmetic damage (e.g., plaster cracks) at distances beyond 30 feet. Existing residences are at least 25 feet from the project site boundaries, but there is one residence located as close as 5 to 10 feet from the boundary. Since existing trees along this boundary are proposed to be retained (Group A, #124-132, 134-141; Group B, #25-28, 106, 107, 113-116; see Figure 24 of the Initial Study), construction equipment would not operate immediately adjacent to site boundary, and is estimated to operate at least 40 feet from most residences and 25 feet from the closest residence. Since the closest distance that construction equipment would operate to these residences would be 25 feet, proposed construction activities would not be capable of exceeding the 0.2 in/sec PPV significance threshold for vibration, a less-than-significant impact. However, if construction equipment were to operate closer than 25 feet and depending on construction techniques being used within this distance, there is a potential that vibration levels could exceed the vibration damage threshold of 0.20 in/sec PPV, and could cause cosmetic damage, a potentially significant impact. Although the adjacent residences are not considered fragile structures and could likely withstand higher vibration levels without cosmetic damage, this analysis uses this conservative threshold. Therefore, implementation of vibration limits on the project contractor, as required in Mitigation Measure NOI-2, would reduce this impact to a less-than-significant level by ensuring that appropriate construction practices and equipment are used to minimize the potential for damage. Scenario 2. The development of Scenario 2 would result in less commercial office space than considered under Scenario 1, and therefore, construction-related vibration impacts would be less due to the reduced construction activities. In addition, proposed demolition and new office buildings would be located in the northwestern portion of the property, away from existing adjacent residences (at least 300 feet away from residences to the south and at least 150 feet from residential uses to the west across Winchester Boulevard). At these distances, vibration generated by construction-related activities would not exceed MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 57 the 0.2 in/sec PPV significance threshold at the closest residences to the south or west. Therefore, vibration impacts under Scenario 2 would be less than significant and no mitigation would be required. Scenarios 3 and 4. The development of Scenarios 3 and 4 would result in less commercial office space than considered under Scenario 1. However, these scenarios would also include up to 516 high-density units or 600 senior units. Construction-related vibration impacts on existing adjacent structures would be similar to those identified for Scenario 1. Vibration from Railroad Operations. Existing Union Pacific Railroad tracks extend along the western project boundary approximately 25 feet from this boundary. The freight operations along Union Pacific Railroad adjacent to the west of the project site operate several times per week, twice a day, traveling once in the morning up to Lehigh Permanente Cement in Cupertino, then once in the afternoon from the cement facility). The sharp turn across Winchester Boulevard requires freight trains to reduce their speed significantly, which results in lower noise and vibration levels. According to the Federal Transit Administration, freight trains traveling at 50 mph typically generate vibration levels of approximately 82 VdB at 70 feet. However, since freight train operations adjacent to the project site to the west would travel at much lower speeds due to the sharp turn across Winchester Boulevard, vibration levels at 30 mph would be 74 VdB (8 VdB less). According to the Federal Transit Administration and Federal Railroad Administration, vibration levels of up to 80 VdB are considered acceptable for residential uses while vibration levels up to 83 VdB are acceptable for institutional uses with primarily daytime uses, if there are an infrequent number of events per day. Scenarios 1 and 2. Proposed office buildings under these scenarios would be set back at least 51 feet from the western property line and train tracks are located approximately 25 feet from the western site boundary, resulting in a minimum setback distance of 75 feet from these railroad tracks. At this distance, vibration levels from train operations would be approximately 74 VdB, well below the 83 VdB threshold for office uses. Since freight trains pass by the project site very infrequently (several times per week, twice per day) and would generate vibration levels below the FTA-recommended 83-VdB threshold for office uses, vibration effects on office uses are expected to be less than significant. Scenarios 3 and 4. Given the distance from these tracks, infrequency of train operations, slow train speeds, and no nighttime train operations, railroad-related vibration effects on the project’s future residential uses are expected to be less than significant. In addition, the estimated vibration level of 74 VdB at 70 feet (the minimum setback proposed for all project buildings) would not exceed the FTA recommended 80-VdB threshold for residential uses, which also indicates the vibration effects would be less than significant. Long-term Noise Increases. For purposes of determining the significance of project-related traffic noise increases, the significance thresholds contained in the 2020 General Plan EIR (Table 4.10-8 of the General Plan EIR and Town’s exterior noise limits) are applied and they are as follows: § Ambient Noise Levels Below 60 dBA (DNL or CNEL): 5 dBA or more noise increase would be significant. § Ambient Noise Levels Between 60 dBA and 65 dBA (DNL or CNEL): 3 dBA or more increase would be significant. § Ambient Noise Levels Above 65 dBA (DNL or CNEL): 1.5 dBA or more increase would be significant. Scenario 1. Project-related traffic increases on local roadways would result in noise increases along these roadways. As indicated in Table 14 of the Initial Study, maximum project-related traffic noise increases along local roadways under existing and future conditions would be 0.9 dBA. Based on the above significance thresholds, such increases would be a less-than-significant impact, per the significance criteria mentioned above, impacts in this regard would be less than significant. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 58 Stationary noise sources associated with Scenario 1 would include noise associated with delivery truck loading and unloading, truck movements on driveways, and parking lot/structure activities. Noise impacts from these office-related sources would be infrequent and intermittent. Such sporadic peak noise events (Lmax) would not significantly affect the 24-hour noise level (CNEL or DNL). In addition, adjacent or nearby receptors would generally be shielded from such peak noise events by intervening buildings and landscape vegetation. Stationary noise sources associated with the project would include heating, ventilation, and air conditioning (HVAC) systems installed in or on top of the project buildings. The closest sensitive receptors would be more than 50 feet from the potential locations of the HVAC equipment. Section 16.20.015 of the Town’s Municipal Code limits noise increases on residential-zoned properties to 6 dBA above ambient noise levels of 48 dBA, as indicated on Noise Zone Maps, or 54 dBA at the property boundary. HVAC systems typically result in noise levels that average between 40 and 50 dBA Leq at 50 feet from the equipment. Therefore, the stationary noise sources associated with the project would be expected to meet the ordinance noise limit. Use of HVAC silencers, acoustical enclosures, and/or locating mechanical equipment away from sensitive receptors could also be employed as necessary to meet the ordinance limit. Required compliance with the Town Noise Ordinance noise limit would reduce potential stationary source noise impacts to less-than-significant levels. Scenarios 2, 3, and 4. All three of these development scenarios would generate lower traffic levels (948, 2,000, and 1,442 new daily trips, respectively) than Scenario 1 (3,126 daily trips). Therefore, traffic noise increases associated with these scenarios would be proportionately less and also less than significant, as with Scenario 1. Noise increases from stationary sources under these scenarios would be similar to Scenario 1, and would also be less than significant since compliance with the ordinance noise limits would be required. Short-Term Noise Increases. Construction activities are generally temporary and short in duration, resulting in periodic increases in the ambient noise environment. Project construction would occur over six phases, including demolition of existing buildings, site grading, trenching, paving, building construction, and architectural coating. Staging for construction equipment would occur within the boundaries of the project site. Groundborne noise and other types of construction-related noise impacts would typically occur during the initial site preparation, which can create the highest levels of noise. However, site preparation typically has the shortest duration of all construction phases. Activities that occur during this phase include demolition, earthmoving, and soils compaction. High groundborne noise levels and other miscellaneous noise levels can be created during this phase due to the operation of heavy- duty trucks, backhoes, and front-end loaders. A reasonable worst-case assumption is that the three loudest pieces of equipment would operate simultaneously within a focused area and occur continuously over at least one hour. 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 101 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 nearby residential receptors would depend on the location and proximity of construction activities to these receptors. The Town Noise Ordinance (Chapter 16, Section 16.20.035) 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 exemption is included in the code in recognition that construction activities undertaken during daytime hours are a typical part of living in an urban environment and does not cause a significant disruption. This ordinance (Section 16.20.035(2)) also limits noise generation to 85 dBA at the property line or 85 dBA at 25 feet. Scenarios 1, 3, and 4. Under this scenario, construction would occur throughout the project site and would not be concentrated or confined in the area directly adjacent to residential neighborhoods to the south and west, Los Gatos Creek Trail to the east, or the office building to the south. Therefore, construction noise MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 59 would be acoustically dispersed throughout the project site and not concentrated in one area near adjacent sensitive uses (i.e., residents adjoining the project site to the south and east). However, construction would occur along the southern project boundary when existing office buildings along this boundary are demolished and new office buildings or residential structures are constructed. Existing residences are at least 25 feet from the project site boundaries, there is one residence located as close as 5 to 10 feet from the boundary. Since existing trees along this boundary are proposed to be retained (Group A, #124-132, 134-141; Group B, #25-28, 106, 107, 113-116; see Figure 21 of the Initial Study), construction equipment would not operate immediately adjacent to site boundary, and is estimated to operate at least 40 feet from most residences and 25 feet from the closest residence. The ordinance noise limit would result in maximum noise levels of 85 dBA at 25 feet or 85 feet at the property line. Temporary disturbance (e.g., speech interference) can occur if the noise level in the interior of a building exceeds 60 dBA. Such interior noise levels could be maintained at all adjacent residences with maximum exterior levels of 85 dBA at the closest residence, but windows would need to remain closed during the noisiest phases of construction near the southern project boundary. It should be noted that these are maximum noise levels, which would occur sporadically when construction equipment is operated in proximity to the southern boundary. Residential uses to the west would be located at least 160 feet from project-related construction activities (across Winchester Boulevard). At such a distance, speech interference impacts are not expected to occur. Given the sporadic and variable nature of project construction, implementation of time and noise limits specified in the Los Gatos Noise Ordinance is expected to be adequate to reduce the potential for noise impacts. However, to further reduce the potential for noise impacts and in the event construction occurs closer than 25 feet, the project applicant proposes to implement additional construction-related noise control measures (Mitigation Measure NOI-3), which includes implementation of best management practices (i.e., equipped with properly operating and maintained mufflers and other state required noise attenuation devices) to reduce noise from engine exhausts, designation of a Noise Disturbance Coordinator, and advanced notification of adjacent residents prior to commencement of construction of each phase. Scenario 2. Under this scenario, there would be less construction than under any of the other scenarios. Construction would occur in the western and northern portions of the site, at least 300 feet away from adjoining residential uses to the south and at least 150 feet from residential uses to the west (across Winchester Boulevard). Existing buildings on the southern portion of the site would also be retained under this scenario, which would help block construction noise from residences to the south. Therefore, the potential for noise disturbance from construction-related noise under Scenario 2 would be lower than under the other scenarios. Under this scenario, implementation of time and noise limits specified in the Los Gatos Noise Ordinance is expected to be adequate to reduce the potential for noise impacts. No additional mitigation would be required. Airport-Related Issues – All Scenarios. The project site is not located within an airport land use plan. There is no public airport, public use airport, or private airstrip located within the Town’s boundaries or within two miles of the project site. For air travel, the closest international airports are San Jose International Airport (SJC), San Francisco International Airport (SFO), and Oakland International Airport. The proposed project would not expose people residing or working in the area to excessive noise levels. Therefore, impacts in this regard would be less than significant. Mitigation Measures – Noise and Vibration (NOI). The following measures shall be implemented by the project applicant (Measure NOI-1 applies to Scenarios 3 and 4 only, while Measures NOI-2 and NOI- 3 apply to all Project Scenarios) to reduce the project’s noise impacts to less-than-significant levels: NOI-1 Detailed Acoustical Analysis for Residential Uses. During the Architecture and Site review process, noise attenuation measures, as specified by an acoustical engineer, shall be MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 60 incorporated into the project design to ensure that noise levels in usable outdoor areas meet the Town’s 65-dBA (DNL) land use compatibility guideline for multi-family residential uses and interior noise levels meet Town’s and State (Title 24) interior standard of 45 dBA (DNL). Noise attenuation measures that could be incorporated into the design to achieve these limits include: § Provision of acoustically-effective barriers or deck railings to meet the 65-dBA (DNL) exterior limit. § Provision of closed windows and mechanical ventilation to achieve the 45-dBA (DNL) interior standard. NOI-2 Construction-Related Vibration Limits. To prevent cosmetic damage to existing adjacent structures, the project contractor shall restrict equipment operations within 25 feet of adjacent structures, whereby surface vibration will be limited to no more than 0.2 in/sec PPV, measured at the closest residential structures. NOI-3 Construction-Related Noise Abatement. The project contractor shall demonstrate that the project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices, and not exceed the ordinance noise limit of 85 dBA at 25 feet. b. Property occupants located adjacent to the project boundary shall be sent a notice, at least 15 days prior to commencement of construction of each phase, regarding the construction schedule of the proposed project. A sign, legible at a distance of 50 feet shall also be posted at the project construction site. All notices and signs shall be reviewed and approved by the Town of Los Gatos Public Works and Community Development Department prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos Public Works and Community Development Department, a qualified “Noise Disturbance Coordinator.” The Disturbance Coordinator shall be responsible for responding to any local complaints about construction noise. When a complaint is received, the Disturbance Coordinator shall notify the Town within 24 hours of the complaint and determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the Public Works and Community Development Department. All notices that are sent to residential units immediately surrounding the construction site and all signs posted at the construction site shall include the contact name and the telephone number for the Disturbance Coordinator. d. Construction haul routes shall be designed to avoid noise-sensitive uses (e.g., residences, convalescent homes, etc.). e. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. f. Pursuant to the Town of Los Gatos Municipal Code Section 16.20.035, construction activities shall occur between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on weekends and holidays. Additionally, pursuant to Municipal Code Section 16.20.035(2) the Contractor shall demonstrate, to the satisfaction of the Town of Los Gatos Community Development (Building) Department, that construction noise shall not exceed 85 dBA outside of the property line. Mitigation Monitoring. Prior to Grading Permit issuance, the Directors of the Community Development and Parks and Public Works Departments shall be responsible for ensuring that these noise control measures are incorporated into project plans and implemented prior to and during construction. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 61 13. Population and Housing Growth-Inducement Impacts – Office Use. An extensive evaluation of potential growth in population for the Town of Los Gatos was recently completed as a part of the Town’s General Plan update process. The environmental effects of anticipated population growth and housing demand were assessed by the environmental impact report (EIR) for the 2020 General Plan. The 2020 General Plan was adopted September 20, 2010 after certification of its final EIR. Projected job growth as allowed under the 2020 General Plan could increase the demand for housing and could be a factor in the Town’s population growth. With a growth projection of up to 2,660 new jobs in Los Gatos under the 2020 General Plan, more workers may need places to live within the Town. This projected increase would be greater than ABAG’s projected increase of 610 jobs between 2010 and 2020. However, the 2020 General Plan’s projected job growth for Los Gatos would not create a substantial unexpected population growth for which inadequate planning has occurred. The projected increase in jobs allowed under the 2020 General Plan is based on new Town policies that were adopted as part of the 2020 General Plan and were not in place when ABAG developed its 2009 projections. The 2020 General Plan buildout is a more accurate projection of growth as described in the 2020 General Plan EIR. These four development scenarios for the project site would have a range of impacts on the site’s existing office space. Overall, options vary from a maximum increase of 300,000 s.f. of office space (Scenario 1) on the site to office uses that are reduced by approximately 50,000 s.f. (Scenarios 3 and 4). The 2020 General Plan and its EIR addressed the potential effects of population and employment growth within the community under certain development assumptions for the town through 2020. These assumptions included estimates of new development for office and industrial uses. Table 3-5 of the 2020 General Plan indicates that the Town has planned for increases of 516,000 s.f. and 8,000 s.f. of office and industrial use, respectively. Under these General Plan growth assumptions, the project development scenarios would result in changes to existing office uses that are within the planned levels of office and industrial growth as estimated in the General Plan. Scenario 1. This scenario would replace all office uses on the project site with new and more office space. The proposed project would remove approximately 250,000 s.f. of existing office space and construct 550,000 s.f. of new office space in five buildings, resulting in an increase of 300,000 s.f. of office space on the project site. Scenario 2. The second scenario for office-only development would entail partial replacement of approximately 109,000 s.f. of existing office space with 200,000 s.f. of new office space, while 141,000 s.f. of existing office would remain on the site. This scenario would result in an overall increase of 91,000 s.f. of office space for a total of 331,000 s.f. on the site. Scenario 3. This scenario would involve the demolition of the office buildings on the project site and construction of 200,000 s.f. of office space in new buildings on the northern part of the property; the net effect of this scenario would be the reduction of office space on the project by 50,000 s.f. The southern part of the project site would be developed with up to 516 multi-family units. Scenario 4. This development scenario would entail demolition of all office buildings on the subject property and the construction of 200,000 s.f. of new office space in new buildings on the northwestern portion of the site. Similar to Scenario 3, this development plan would reduce overall office space on the project site by 50,000 s.f.; the southern and eastern parts of the site would be developed with up to 600 senior housing units. Growth-Inducement Impacts – Residential Use. As part of the background analysis for population growth in the community, the Los Gatos 2020 General Plan EIR included regional estimates of population expansion as well as local growth in Los Gatos. The responsible regional agency, the Association of Bay Area Governments (ABAG), estimated that the population of Los Gatos would MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 62 increase from its recent population 28,810 to 30,000 by 2020, an increase of 4 percent. This increase represents an annual growth rate of approximately 0.34 percent, which is a decrease from the Town’s one percent growth rate during the past three decades. The 2020 General Plan projects that approximately 1,600 additional housing units will be built in Los Gatos by 2020. At an average household size of 2.37persons per household in Los Gatos, the 1,600 housing units would increase the population of Los Gatos by approximately 3,790 residents by 2020. The addition of 3,790 new residents allowed by the General Plan exceeds ABAG’s projected population increase of 1,190 residents for Los Gatos. Although anticipating greater population growth than regional growth projections, the General Plan adequately plans for this population growth by including appropriate policies, e.g. Policy HOU-2.4 which requires all new residential development to be sufficiently served by public services and facilities, and Policy HOU-9.1, which requires all approvals of residential developments of three or more units to include a finding that the proposed development is consistent with the Town’s Housing Element and addresses the Town’s housing needs as identified in the Housing Element. Scenarios 3 and 4 specify the development of multi-family or senior residential units on the project site. These development scenarios would provide new housing within the Vasona Light Rail (VLR) area and would be consistent with goals and policies of the Vasona Light Rail Element of the General Plan. In particular, Goals VLR-2 and VLR-3 encourage the development of affordable housing (senior, multi- family, and mixed-use with housing) in appropriate locations and in proximity to employment centers. Project Scenarios 3 and 4 include the development of multi-family and/or senior housing along with new office space on the subject property. As stated in the General Plan’s Housing Element, Los Gatos has a need for affordable housing, both for seniors and families. Areas adjacent to the VLR facility and Highway 85 would be good locations for meeting these Town needs due to their proximity to mass transit and to commercial needs of the future residents. The Town has created a new Housing Element goal (Goal HOU-5) and related policies under this goal that address the need for affordable senior housing in Los Gatos. Scenario 3. This scenario would involve the demolition of the office buildings on the project site and construction of new office buildings on the northern part of the property. The southern part of the project site would be developed with up to 516 multi-family units. Using the average household size of 2.39 persons, this mixed-use development scenario would generate a population increase of approximately 1,233 persons for the project site. This level of population increase would constitute about 33 percent of the total population increase anticipated in the General Plan for the period through 2020. The development proposal includes provisions for phasing new office and residential uses, and the increase in housing and population would be extended over the period of years covered by the planning policies of the General Plan. In this way, the population increase accruing from this scenario would fall within the General Plan’s estimated population increase for the community. Consequently, the expected population increase under this scenario would be less than significant. Scenario 4. Similar to Scenario 3, this development scenario would entail demolition of all office buildings on the subject property and the construction of new office buildings on the northwestern portion of the site. The southern (Area 1) and eastern (Area 2) parts of the project site would be developed with up to 600 senior housing units. The development of senior housing on the project site would also conform with the objectives and policies of the General Plan’s Vasona Light Rail Element. Household sizes for senior housing would most likely be smaller than the average household size for Los Gatos. For example, one senior care facility in Los Gatos indicates a household size of 1.2 persons per unit. Assuming a more conservative range in average household size of 2.0 to 2.39 persons per household, the senior housing planned for this scenario MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 63 would generate a population of 1,200 to 1,434 new persons on the site. As with Scenario 4, this level of population increase would constitute about 32 to 38 percent of the total population increase anticipated in the General Plan for the period through 2020 and would be within the planning parameters of the 2020 General Plan. The expected population increase under this scenario would be less than significant. Displacement of Housing or Residents – All Scenarios. The project site presently contains ten office/R&D buildings and provides no residential uses. While the development of any of the four scenarios would entail the demolition of some or all of the subject property’s office structures, no housing or residents would be displaced from the project site. Rather, two of the scenarios (Scenarios 3 and 4) would provide new residential uses on the project site to serve the community’s future housing needs. 14. Public Services The project site is presently developed as a business park with approximately 250,000 s.f. of office/R&D space and requires public services such as fire protection and law enforcement. The project site does not generate a student population or require school services. Under all project development scenarios, there would be an incremental increase in demand for public services related to fire and police protection, and parks. Scenario 3 would have impacts on school services. Impacts on park facilities are discussed below in Section 15, Recreation. Fire Protection – All Scenarios. The Santa Clara County Fire Department provides fire protection services to the project area and to existing development on the project site. Daily emergency response staffing consists of 70 career fire personnel on a 24-hour shift assignment plus one 40-hour Battalion Chief in Battalion 12, operating 21 pieces of first-line apparatus, plus three Battalion Chief command vehicles, operating from 17 fire stations. The Department employs a form of "peak load staffing" by staffing patrols and other apparatus during high fire danger periods, during storms and anticipated flooding, and for special events. First-call equipment is deployed to deliver initial fire attack and EMS services within seven minutes at least 90 percent of the time. Ladder trucks are located to respond on all first and second alarms in designated urban areas. A standard first-alarm assignment for structure fires consists of two engine companies, a ladder truck company, a rescue or hazardous materials company and a Battalion Chief totaling fifteen persons. On working fires the response may be duplicated with Department resources as a second alarm. Total staffing for two alarms is 30 persons. A rescue or hazmat unit fills out an alarm. Department facilities supporting fire protection services to the area include the Winchester Avenue Fire Station, the Shannon Road (Shannon Road and Cherry Blossom Lane) Fire Station, and the Downtown Los Gatos Fire Station. Personnel and equipment from the Winchester Fire Station at 14850 Winchester Boulevard, located ¼ mile south of the project site, would provide the first response to emergency calls to the site. Additionally, the Downtown and Shannon Road fire would also provide back-up response to this area. The Winchester Fire Station is staffed with four firefighters and one engine, along with one brush patrol vehicle. Shannon Fire Station is staffed with three firefighters and one fire engine (#6) with a pumping capacity of 1,500 gallons per minute (gpm), 750 gallons of water, and two foam units. Downtown Los Gatos Fire Station is staffed with one battalion chief, six firefighters and two fire engines (#3 and #110) with pumping capacities of 1,250 and 1,500 gallons per minute (gpm) and 600 and 750 gallons of water, respectively. Fire protection service is currently provided to existing office/light industrial buildings at the project site, and this service would continue to be provided to this site after project implementation. However, all new buildings and any renovated buildings would be subject to current code requirements. When detailed plans are submitted during Architecture and Site review, the proposed project will be subject to formal MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 64 plan review by the Santa Clara County Fire Department to determine compliance with adopted model codes. Preliminary review by the Fire Department was limited to acceptability of site access and water supply for fire department operations. The project will be required to comply with Fire Department Standard Details and Specifications for minimum road width, paved all-weather surface, minimum vertical clearance, minimum turning radius, and maximum slope for access by fire engines and ladder trucks (ladder truck access is intended to address proposed high-rise structures). On-street parking will also be prohibited depending on proposed road widths to ensure fire access. The Fire Department will require installation of approved automatic fire sprinklers in all new and renovated buildings that are over 3,600 s.f. (gross floor area) or three or more stories high. Provision of public fire hydrants at locations to be determined by the Fire Department and San Jose Water Company will be required to achieve a minimum single hydrant flow of 1500 gallons per minute (gpm) at a residual pressure of 20 pounds per square inch (psi). All 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. Fire hazards would be increased temporarily at the site during project construction. The Fire Department will review the construction management plans to ensure that hazardous materials are stored appropriately. The Town’s Building Division will be responsible for periodic inspections to verify implementation of materials storage requirements. The Fire Department will also require water supply installations and adequate emergency vehicle access to the site prior to the start of combustible construction. Over the long-term, fire hazard risks in the project area would be incrementally increased through the introduction of additional public activity in the project area. Fire Department requirements for provision of fire equipment access, fire hydrants, adequate water supply (separate service water lines onto the site), emergency escape windows in proposed apartments, and sprinkler systems in buildings would help reduce the increased fire hazard risks. Compliance with Fire Department requirements to ensure adequate access, fire hydrants, fire flows, and sprinkler systems in buildings would reduce the project’s increased fire hazards and impact on fire protection services to a less-than-significant level. Police Protection. Public safety services for the project site include police protection by the Los Gatos/Monte Sereno Police Department. The police department serves a combined population of approximately 34,000 residents. The police department consists of the following individual departments: administration, records and communications, patrol, investigations, traffic program, personnel and community services and parking management. The department is comprised of 64 sworn and civilian personnel, and over 150 community volunteers. Staffing levels entail one chief, two captains, nine sergeants, and 30 officers (Los Gatos/ Monte Sereno Police Department, 2009). The project site is located in Beat 1. The Los Gatos/Monte Sereno Police Department station is approximately 5,500 square feet located within the Town’s Civic Center complex. The Town has recently relocated certain police operations to a new facility at 15900 Los Gatos Boulevard. The new police substation on Los Gatos Boulevard houses police operations that include patrol operations, the investigations unit, and evidence storage. Other personnel located at the site include the operations captain, a patrol and administrative sergeant, and an evidence technician. Police administration, records, and dispatch remain in headquarters at the Town Civic Center complex. In total, the existing Police Department offices at the Civic Center in combination with the new facility occupy a 12,260 s.f. area. The patrols for beats within the Los Gatos – Monte Sereno communities consist of three shifts, with three to four officers and one sergeant on duty per shift. Patrols originate from the new operations center on MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 65 Los Gatos Boulevard. The response times to calls for assistance are categorized according to three levels of priority. Generally for this Beat, Priority 1 (immediate) response times are 4.7 minutes, while Priority 2 and 3 response times are 6.7 and 15.2 minutes, respectively. Scenarios 1 and 2. Proposed development plans for these two scenarios would encompass all-office uses entailing net increases in office/light industrial space of 300,000 s.f. and 91,000 s.f., respectively. The Los Gatos/Monte Sereno Police Department currently patrols existing office/light industrial development on the site and development of either of these scenarios would not generate additional population requiring law enforcement services. Therefore, the potential increases in employment under these scenarios would not necessitate the construction of new police facilities, resulting in a less-than-significant impact. Scenarios 3 and 4. The Los Gatos/Monte Sereno Police Department currently patrols existing development on the site and would be able to provide its current high level of police protection service for the new residential development. The Department has also indicated that its response times would generally remain unaffected by the need to serve the proposed development from the new substation on Los Gatos Boulevard. As indicated in the 2020 General Plan, the Town has adopted goals, policies and actions that support the activities of the Police Department. Policies TRA-7.4, TRA-7.5, TRA-7.7, TRA-7.8 and Action TRA-7.1 aim to ensure acceptable emergency access on Town roads. Policies HS-15.1 and HS-15.2 strive to reduce the potential for injuries, damage to property, economic and social displacement and loss of life resulting from crime. Policies HS-16.1 and HS-16.2 promote coordination between land use planning and law enforcement. Additionally, future development consistent with the 2020 General Plan, in conjunction with any future project developments, would bring additional annual revenue to the Police Department in the form of increased local property taxes assessed on the new development, which would offset the increased demand for police services. With implementation of the goals, policies and actions in the proposed 2020 General Plan, the potential increases in population and employment would not necessitate the construction of new police facilities, resulting in a less-than-significant impact. Schools. The subject property is located within the district boundaries of the Los Gatos Union School District (LGUSD) and the Los Gatos-Saratoga Union High School District (LGSUHSD). The Los Gatos Union School District has four elementary schools and one middle school providing educational services to the children of Los Gatos: § Blossom Hill Elementary School (16400 Blossom Hill Road) § Daves Avenue Elementary School (17770 Daves Avenue) § Lexington Elementary School (19700 Old Santa Cruz Highway) § Van Meter Elementary School (16445 Los Gatos Boulevard) § Raymond J. Fisher Middle School (19195 Fisher Avenue) All the elementary schools serve kindergarten through grade five. Raymond J. Fisher Middle School serves Los Gatos students in grades six through eight. Project students would attend Louise Van Meter Elementary School and Fisher Middle School. The enrollment at LGUSD for the school year of 2008-2009 was approximately 2,830, with a total capacity of approximately 3,150 students. Van Meter Elementary School enrollment was 543 with a total capacity of 550 students. The enrollment of Fisher Middle School was 993 students with a total capacity of 1,149 students. The LGUSD anticipates increased enrollment over the next five years, with approximately 2,914 students enrolled district-wide during the 2009-2010 school year and approximately 3,040 students enrolled during the 2010-2011 school year. Beyond the 2010-2011 school year, the LGUSD expects enrollment to exceed MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 66 the current total capacity of 3,180 students. Approximately 3,150 students are projected for enrollment during the 2011-2012 school year, roughly 3,263 students to be enrolled during the 2012-2013 school year, and approximately 3,375 students to be enrolled during the 2013-2014 school year. While new construction and remodeling is proposed for Lexington Elementary School, no other improvements are anticipated at this time in grades six through eight. The LGSUHSD has two high schools, Los Gatos High and Saratoga High, which serve over 3,100 students from unincorporated Santa Clara County as well as the communities of Los Gatos, Monte Sereno and Saratoga. Project students would attend Los Gatos High School. Offering grades 9 through 12, Los Gatos High School is located within the Town of Los Gatos at 20 High School Court. Los Gatos High School had 1,794 enrolled students in the 2009-2010 school year, while its total capacity was 1,825. It is anticipated that enrollment in LGSUHSD over the next five years will continue to increase by an average of 2.5 percent per year. At this rate of annual increase, the two high schools in the LGSUHSD may exceed capacity in the 2009-2010 school year. Improvements planned for Los Gatos High School do not include the addition of any classrooms; however, the District anticipates the construction of facilities for athletes and/or physical education classes. An extensive evaluation of educational services and facilities available to the community was conducted as part of the environmental review for the Los Gatos 2020 General Plan. The environmental impact report for the General Plan (Los Gatos, 2010) analyzed the potential effects of community growth on the demand for educational services through the year 2020. That analysis is incorporated herein by reference. Scenario 3. The development of Scenario 3 would entail demolition of existing office buildings, construction of 200,000 s.f. of office space in new buildings on the northern part of the property, and development of up to 516 multi-family units on the southern portion of the project site. New multi-family residential uses on the project site would result in the generation of additional students requiring educational services in the community. Based upon population growth estimates identified by the 2020 General Plan, the Scenario 3 multi-family development would add approximately 158 new students to the Los Gatos Union School District and 158 new students to the Los Gatos-Saratoga High School District. Students generated by the proposed project would contribute to the cumulative demand for educational services and result in enrollments that exceed current district capacities. As part of this assessment of impacts on the community’s educational services, the analysis of new development identified specific properties and projects that would contribute to increased student enrollment in local school districts. The General Plan and its EIR included the development of the North Forty site as part of the assumed growth that would occur in the town through 2020. In addition to the goals, policies and actions in the 2020 General Plan, future development within the planning area would be required by law to pay development impact fees to each school district at the time of the building permit issuance. These fees are used by the school districts to mitigate impacts associated with long-term operation and maintenance of school facilities with new development in accordance with State law. Pursuant to Section 65996(3)(h) of the California Government Code, payment of these fees “is deemed to be full and complete mitigation of impacts of any legislative or adjudicative act, or both, involving but not limited to, the planning, use, or development of real property, or any change in government organization or reorganization.” Any secondary environmental impacts resulting from the construction of new schools would be analyzed by each School District prior to construction of any new schools. Therefore, with payment of development impact fees to each school district as required by law, the project’s impact on the schools attended by project students would be less than significant and its incremental contribution to cumulative impacts on these schools and the school districts overall would not be cumulatively considerable. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 67 Scenarios 1, 2, and 4. Proposed development plans for these three scenarios would encompass all-office uses and a mixed-use development of office/R&D and senior housing. The development of one of these scenarios or a variation of it (less office space, fewer senior housing units) would not generate additional students requiring services from community educational facilities. These three scenarios would have less- than-significant effects on the community’s school services. 15. Recreation Existing private recreational facilities in the project site vicinity include Courtside Club, La Rinconada Country Club, and Los Gatos Swim and Racquet Club, and Jewish Community Center (JCC). Courtside Club is located directly across Winchester Boulevard from the site and operates seven days a week. Itoffers a wide range of exercise classes in addition to tennis, pool, basketball, gym (volleyball and soccer), and golf facilities. It also includes a café, locker rooms, and shop. La Rinconada Country Club is located approximately ½ mile west of the site, and accessible from both Wimbledon Drive and Rinconada Drive to the southwest of the site. This club has golf, pool, and fitness center facilities, as well as a diningroom. The Los Gatos Swim and Racquet Club and JCC are located approximately ¼ mile to the east, across Los Gatos Creek. Pedestrian or bicycle access to these facilities from the site is available from Los Gatos Creek Trail via a bridge that crosses the creek just north of Lark Avenue, but is located about ¼ mile to the south of the site. However, Actions VLR-5.1 and 5.2 in 2020 General Plan specify development of a pedestrian/bicycle bridge over Los Gatos Creek and a trail connection to the east side of Los Gatos Creek. Action VLR-5.1 calls for establishment of in-lieu development fees, grants, or other means available to the Town for fund this bridge. The Los Gatos Creek Trail extends along the eastern project boundary and it is designated as a Class I bikeway in the 2020 General Plan Circulation Element. This trail connects the site with areas north of the State Route 85 freeway as well as to Vasona Lake County Park to the south. This Class I bikeway connects with Class II bikeways at Blossom Hill Road and Main Street to the South. The Circulation Element designates proposed Class II bikeways along Lark Avenue and Winchester Boulevard north of Lark to the town limits. Such bikeway connections would provide a continuous Class II/III bikeway from the location of the future Vasona Light Rail Station on the north to Los Gatos-Saratoga Road on the south. Demand for Recreational Facilities. The project would contribute incrementally to cumulative increases in demand for local and regional parks as a result of future growth in the community per the Town's 2020 General Plan. However, since the expected population growth from this project (all scenarios) would be within population growth projections anticipated in the General Plan through 2020 (see Section 13, Population and Housing), the project’s incremental contribution to this cumulative increase would be less than cumulatively considerable and would not require the addition of new parks. The EIR for the 2020 General Plan (pages 4.12-33 and 4.12-40) determined that existing parks were adequate to meet existing and future (with General Plan growth) demand for recreational facilities, based on Quimby Act standards. Scenario 1. The proposed rezoning would generate approximately 857 new employees under Scenario 1 (based on one employee per 350 s.f. and a net increase of 300,000 s.f. of office space). Such an increase in workers at the site would increase the demand for recreational facilities in the immediate site vicinity. Such an increase in workers could incrementally increase demand on recreational facilities in the immediate project vicinity, as some workers exercise before or after work or during lunch. It is possible that project workers could use the Los Gatos Creek Trail to access other office/light industrial/R&D uses to the north located adjacent to the trail or to access the future Vasona Light Rail Station. Given the number of new employees under this scenario and based on other smaller, but comparable projects in the town, the potential increase in demand for recreational facilities is considered a potentially significant impact. Implementation of Mitigation Measure REC-1, which would require the project applicant to MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 68 provide access for project employees to on-site or nearby recreational facilities, would reduce the project’s increase in demand on recreational facilities to a less-than-significant level. Scenario 2. The proposed rezoning would generate 260 new employees under Scenario 2 (based on one employee per 350 s.f. and a net increase of 91,000 s.f. of office space). While project workers could increase demand on recreational facilities in the vicinity similar to Scenario 1, the number of new workers would be substantially less under this scenario. Therefore, the increase in use of recreational facilities in the vicinity is considered to be less than significant. Scenarios 3 and 4. The proposed rezoning would reduce the number of employees generated by 143 employees (based on one employee per 350 s.f. and a net decrease of 50,000 s.f. of office space) under Scenario 3. However, the project would generate an additional 1,233 new residents under this scenario (based on 2.39 persons per household and 516 dwelling housing units) and 1,200 to 1,434 new residents under Scenario 4 (based on 2.00 to 2.39 persons per household and 600 senior housing units). Such population increases on the site under these scenarios would incrementally increase demand on recreational facilities in the immediate project vicinity, which is considered a potentially significant impact. Implementation of Mitigation Measure REC-1, which would require the project applicant to provide access for project residents to on-site or nearby recreational facilities, would reduce the project’s impact on the Los Gatos Creek Trail to a less-than-significant level. Impacts Related to Construction of Recreational Facilities – All Scenarios. No specific recreational facilities are proposed as part of the rezoning project. However, if any recreational facilities are constructed as part of future office or residential development, they would be located on-site and integrated into the project design. Therefore, construction-related impacts of any on-site recreational facilities would occur as part of project construction, which has been evaluated in this document. Mitigation Measures – Recreation (REC). The following measure shall be implemented by the project applicant under Project Scenarios 1, 3, and 4 to reduce the project’s increase in demand for recreational facilities to a less-than-significant level: REC-1 Provision of On-Site or Nearby Recreational Facilities. The project applicant shall either provide access to on-site or nearby recreational facilities for project employees under Scenario 1 and residents under Scenarios 3 and 4. Mitigation Monitoring. The Directors of the Community Development and Parks and Public Works Departments shall be responsible for determining that adequate recreational facilities are provided as part of Architecture and Site review. 16. Transportation/Traffic A detailed Traffic Impact Analysis (TIA) was completed by Hexagon Transportation Consultants, Inc. in March 2011 and is included in Attachment 5 of the Initial Study. Traffic count data, volume summary tables, level of service calculations, signal warrants, and queuing analysis are included in the TIA appendices and available for review at the Town Community Development Department and online at http://www.losgatosca.gov/. This analysis was peer reviewed by the Town’s consulting traffic engineer, TJKM Transportation Consultants and the Hexagon report was then updated to reflect TJKM’s comments. Existing Roadway Network. Regional Access to the project site is provided via State Route 17 (SR 17) and State Route 85 (SR 85): § State Route 17 is a four- to eight-lane freeway in the vicinity of the study area. It extends south to Santa Cruz and north to I-280 in San Jose, at which point it makes a transition into I-880 to Oakland. Access to the project site is provided via its interchange with Lark Avenue. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 69 § State Route 85 is a six-lane freeway in the vicinity of the study area. It extends north from its origin at US 101, in South San Jose, to its termination point in Mountain View, where it once again joins with US 101. Within the study area, SR 85 runs generally in an east-west direction and consists of two mixed-flow lanes plus a high occupancy vehicle (HOV) lane in each direction of travel. Interchanges with Bascom Avenue, SR 17, and Winchester Boulevard provide access to the study area from SR 85. Local access to the site is provided by Winchester Boulevard, Lark Avenue, Los Gatos Boulevard, and Albright Way: § Winchester Boulevard is a north-south major arterial extending from Santa Clara southward to Los Gatos. Within most of the study area, Winchester Boulevard consists of four-lanes (two lanes in each direction) plus a two-way left-turn lane (TWLTL) with a posted speed limit of 35 mph. Winchester Boulevard changes designation to Santa Cruz Avenue south of Blossom Hill Road, in Los Gatos, and to Lincoln Street north of Market Street, in Santa Clara. Access to the project site is provided via its intersection with Albright Way. § Lark Avenue is a four-lane east-west arterial that runs between Winchester Boulevard and Los Gatos Boulevard in Los Gatos with a posted speed limit of 30-mph. Direct access to SR17 is provided via an interchange. § Los Gatos Boulevard is a four to six-lane north-south arterial that extends from SR 85 south to SR 17 with a posted speed limit of 35-mph. North of SR 85 and south of SR 17, Los Gatos Boulevard changes designation to Bascom Avenue and Main Street, respectively. Los Gatos Boulevard is four lanes between SR 85 and Lark Avenue, then widens to six lanes between Lark Avenue and Blossom Hill Road. South of Blossom Hill Road, the roadway narrows to two lanes. § Albright Way is a two-lane loop road that runs though the project site. Direct access to the project site is provided via its unsignalized intersection with Winchester Boulevard. Existing Traffic Conditions. This study evaluates the impacts at 19 intersections in the project vicinity. Existing service level operation at the 19 study intersections is listed in Table 15 of the Initial Study. Intersection level of service analysis indicates that all signalized study intersections currently operate at an acceptable level of service, when measured against the applicable municipal (Town of Los Gatos, Cities of San Jose and Campbell) and CMP level of service standards. However, the level of service analysis for the unsignalized intersections indicate that the controlled movements at the Winchester Boulevard/Albright Way and University Avenue/Lark Avenue intersections (the movements from Albright Way and University Avenue) currently operate with large delays equivalent to LOS E or worse during at least one peak hour. Observations in the field confirm the accuracy of the level of service analysis. Peak-hour traffic signal warrant checks indicate that the University Avenue/Lark Avenue intersection currently has traffic conditions during both peak hours that meet the signal warrant thresholds. This study evaluates the impacts at 32 freeway segments in the project vicinity and service level operation of these segments is presented in Table 16 of the Initial Study. The analysis of existing freeway levels of service indicate that the mixed-flow lanes on 10 of the 32 directional freeway segments analyzed currently operate at an unacceptable LOS F during at least one of the peak hours. The results also show that one of the directional HOV lane segments analyzed currently operates at an unacceptable LOS F during at least one of the peak hours. Project Trip Generation. Through empirical research, data have been collected that correlate to common land uses their propensity for producing traffic. Thus, for the most common land uses there are standard trip generation rates that can be applied to help predict the future traffic increases that would result from a new development. The project’s trip generation estimates, trip distribution assumptions, and trip MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 70 assignments are described in detail in Attachment 5 of the Initial Study. A summary comparison of trip generation under each development scenario is presented in Table 17 of the Initial Study. Scenario 1. The total net project trips that would be added to the roadway network were estimated by subtracting the number of trips associated with the existing/approved 250,000 s.f. of office uses on site from the total estimated gross number of trips that would be generated by the proposed 550,000 s.f. of office space. After reduction of the existing trips from the gross project trips, it is estimated that the proposed net addition of 300,000 s.f. of office space would generate an additional 3,126 daily trips, with 411 trips (366 inbound and 45 outbound) occurring during the AM peak hour and 366 trips (51 inbound and 315 outbound) occurring during the PM peak hour. Scenario 2. Scenario 2 would be a scaled down variation of development Scenario 1. Development Scenario 2 would consist of office use only, similar to Scenario 1. Therefore, trip generation under Scenario 2 would be less than under Scenario 1, but would reflect the same distribution and peak hour direction of travel as Scenario 1. Scenario 3. Scenario 3 would include a mix of office and residential land uses (multi-family units). The daily and total peak hour trips that would be generated by this scenario would be less than under Scenario 1, but the distribution and peak hour direction of travel would be different due to the addition of residential land uses to the project site. The change in peak hour direction of travel would result in a greater amount of outbound trips from the project site during the AM peak hour and greater amount of inbound trips to the project site during the PM peak hour, when compared to Scenario 1. Scenario 4. With the exception of 600 senior residential units rather than 516 multi-family units, Development Scenario 4 is identical to development Scenario 3. Senior units generate less traffic than typical multi-family units and the number of dwelling units would be slightly more than Scenario 3. Therefore, trip generation under Scenario 4 would be less than under Scenarios 1 and 3. Scenario 4 would reflect the same distribution and peak hour direction of travel as Scenario 3. Background Conditions. There are no approved and fully funded roadway improvement projects in the study area. Thus, the roadway network under Background Conditions would be the same as the existing roadway network. Background peak-hour traffic volumes were estimated by adding to existing volumes the estimated traffic from approved, but not yet constructed, developments. The added traffic from approved but not yet constructed developments was provided by the Town of Los Gatos in the form of their TRAFFIX database network. Traffic generated by approved projects within the City of San Jose was also included in the Background Conditions traffic volumes. The list of approved projects included in this analysis is as follows: § 15940 Blossom Hill Road (Residential) § 15881 Linda Avenue (Residential) § 371 Los Gatos Boulevard (Residential) § 55 Los Gatos Boulevard (Motel) § 15720 Winchester Boulevard (Office) § 14881 National Avenue (Medical/Dental Office) § 15400 Los Gatos Boulevard (Mixed Use Commercial) § 930 University Avenue (Warehouse) § Samaritan/Los Gatos Boulevard (Medical Office) § Town Library (Library) § Safeway Expansion (Super Market) § Placer Oaks (Residential) § 16922 Mitchell Avenue (Residential) § 15780 Los Gatos Boulevard (Medical Office) The existing buildings on the project site, that total 250,000 s.f., have approval as office space. However, a comparison of existing traffic counts collected at each of the existing project entrances with trip MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 71 generation estimated using ITE 2008 trip rates indicates that the project site is currently generating significantly less traffic than is anticipated/approved for the site. The existing counts indicate that the buildings on site are underutilized. Since the existing buildings on the project site have the potential to generate traffic that is equivalent to that estimated based on ITE rates, the difference between the ITE estimated trip generation and existing entrance counts was added to background conditions to account for the underutilized space. Existing entrance counts, trip generation, peak-hour trips estimated to be generated by the underutilized space, and trip assignments are included in Attachment 5, Table 7, of the Initial Study. Intersection Operations. The TIA assesses the project’s impact on a total of 19 intersections (Figure 25 of the Initial Study): 15 in the Town of Los Gatos, 3 in the City of San Jose, and 1 in the City of Campbell. Of these 5 intersections are identified in the Santa Clara Valley’s Congestion Management Program. Significance Thresholds. The significance of the project’s impact on traffic delays at study intersections is evaluated based on each jurisdiction’s significance thresholds, and the adequacy of recommended mitigation measures is evaluated based on the performance standards of these jurisdictions. Both the thresholds and performance standards are summarized as follows: Town of Los Gatos. The project is said to create a significant adverse impact on traffic conditions at an intersection in the Town of Los Gatos if for either peak hour: § The addition of project traffic causes an intersection operating at LOS A, B, or C under Background Conditions to degrade more than one letter grade under Project Conditions, or § The level of service at an intersection is LOS D or worse under Background Conditions and the addition of project trips causes a degradation at all of LOS. The project shall mitigate any intersection project impact so that the level of service will remain at an acceptable level. City of San Jose. The project is said to create a significant adverse impact on traffic conditions at a signalized intersection in the City of San Jose if for either peak hour: § The level of service at the intersection degrades from an acceptable LOS D or better under Background Conditions to an unacceptable LOS E or F under Project Conditions, or § For intersections where LOS E has been established as an acceptable level, the addition of project trips causes the level of service to degrade to LOS F under Project Conditions. § The level of service at the intersection is an unacceptable LOS E or F under Background Conditions and the addition of project trips causes both the critical-movement delay at the intersection and the volume-to-capacity ratio (V/C) to increase. An exception to this rule applies when the addition of project traffic reduces the amount of average delay for critical movements (i.e. the change in average delay for critical movements is negative). In this case, the threshold of significance is an increase in the critical V/C value by .01 or more. A significant impact by City of San Jose standards is said to be satisfactorily mitigated when measures are implemented that would restore intersection level of service to background conditions or better. City of Campbell. The project is said to create a significant adverse impact on traffic conditions at a signalized intersection in the City of Campbell if for either peak hour: § The level of service at the intersection degrades from an acceptable LOS D or better under Background Conditions to an unacceptable level of service under project conditions, or § The level of service at the intersection is an unacceptable LOS E or F under Background Conditions and the addition of project trips causes both the critical-movement delay at the intersection to increase by four (4) or more seconds and the volume-to-capacity ratio (V/C) to increase by one percent (.01) or more. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 72 A significant impact by City of Campbell standards is said to be satisfactory mitigated when measures are implemented that would restore intersection levels of operation to background conditions or better. Congestion Management Program (CMP). The Valley Transportation Authority (VTA) is the designated Congestion Management Agency (CMA) for Santa Clara County, which prepares the county’s CMP. The CMP establishes performance standards for public transit and roadway facilities. The definition of a significant impact at a CMP intersection is the same as for the City of San Jose, except that the CMP standard for acceptable level of service at a CMP intersection is LOS E or better. The project is said to create a significant adverse impact on traffic conditions at a CMP-designated signalized intersection if for either peak hour: § The level of service at the intersection degrades from an acceptable LOS E or better under Background Conditions to an unacceptable LOS F under Project Conditions, or § The level of service at the intersection is an unacceptable LOS F under Background Conditions and the addition of project trips causes both the critical-movement delay at the intersection to increase by four (4) or more seconds and the volume-to-capacity ratio (V/C) to increase by one percent (.01) or more. An exception to this rule applies when the addition of project traffic reduces the amount of average delay for critical movements (i.e. the change in average delay for critical movements is negative). In this case, the threshold of significance is an increase in the critical V/C value by .01 or more. A significant impact by CMP standards is said to be satisfactorily mitigated when measures are implemented that would restore intersection level of service to background conditions or better. Background Conditions (Existing+Background). Table 15 of the Initial Study summarizes estimated level of service operation at study intersections under Background Conditions. The results show that, measured against the applicable municipal and CMP level of service standards, all of the signalized study intersections are projected to operate at an acceptable level of service under Background Conditions. The level of service analysis for the two unsignalized study intersections (Winchester Boulevard/Albright Way and University Avenue/Lark Avenue), which are located in the Town of Los Gatos, shows that the controlled movements at the intersections (the movements from Albright Way and University Avenue) are projected to continue operating with large delays equivalent to LOS E or worse during at least one peak hour under Background Conditions. Under Existing Conditions, the University Avenue/Lark Avenue intersection meets signal warrant thresholds. However, the signal warrant analysis indicates that both unsignalized study intersections (Winchester Boulevard/Albright Way and University Avenue/Lark Avenue) would have traffic conditions that meet the signal warrant thresholds during at least one peak hour under Background Conditions. Future Project Conditions (Existing+Background+Project).1 Scenario 1. Table 15 of the Initial Study summarizes estimated level of service operation at study intersections under Project Conditions. Under Project Conditions, the results indicate that all study intersections are projected to operate at acceptable levels of service except at the following intersections: § Winchester Boulevard and Albright Way (Unsignalized Intersection #4 located in Town of Los Gatos). This intersection is expected to operate at an unacceptable LOS F during both peak hours under Background Conditions. The addition of project traffic would cause the intersection’s operating levels to worsen during both peak hours under Project Conditions. The intersection also 1 Existing+Project Conditions are reflected in this traffic scenario, and the inclusion of traffic from approved projects (Background) depicts worst-case conditions since traffic from approved but unconstructed projects is included but only road improvements that are already underway are assumed in the impact analysis. In addition, significance thresholds outlined above use specific LOS designations to determine significance and assuming maximum traffic increases (Existing, Background, and Project) would depict the worst-case LOS operation. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 73 would meet signal warrants with the addition of project traffic. Based on the above Town of Los Gatos significance thresholds, such changes would be a significant impact. Implementation of Mitigation Measure TRA-1 would reduce this impact to a less-than-significant level by requiring provision of the necessary traffic improvements to improve intersection operation to acceptable levels. § University Avenue and Lark Avenue (Unsignalized Intersection #7 located in Town of Los Gatos). This intersection is expected to continue to operate at an unacceptable LOS F during the PM peak hour under Background Conditions. The addition of project traffic would cause the intersection’s operating levels to worsen during both peak hours under Project Conditions. The intersection also would meet signal warrants with the addition of project traffic. Based on the above Town of Los Gatos significance thresholds, such changes would be a significant impact. Implementation of Mitigation Measure TRA-2 would reduce this impact to a less-than-significant level by requiring provision of the necessary traffic improvements to improve intersection operation to acceptable levels. Under Project Conditions (Scenario 1), both of these unsignalized study intersections would have traffic conditions that meet the signal warrant thresholds during at least one peak hour. However, required signalization at these two intersections as required in Mitigation Measures TRA-1 and TRA-2 would reduce these impacts to less-than-significant levels. Evaluation of the other development scenarios indicates that each would result in the same or less traffic impacts as Scenario 1, and is described as follows. Scenario 2. Traffic generated by Scenario 2 would be less than Scenario 1, but would have the same distribution and peak hour direction of travel as Scenario 1. Traffic increases under Scenario 2 would still affect the above two intersections, and although the impact would be less, implementation of Mitigation Measures TRA-1 and TRA-2 would be required to mitigate this scenario’s impacts to a less-than- significant level, just as it would be required under Scenario 1. Scenario 3. The daily and total peak hour trips that would be generated by Scenario 3 would be less than under Scenario 1, but the distribution and peak hour direction of travel would be different due to the residential land uses proposed under this scenario. The change in peak hour direction of travel would result in a greater amount of outbound trips from the project site during the AM peak hour and greater amount of inbound trips to the project site during the PM peak hour when compared to Scenario 1. Traffic increases under Scenario 3 would also affect the above two intersections, and implementation of Mitigation Measures TRA-1 and TRA-2 would be required to mitigate this scenario’s impacts to a less- than-significant level, just as it would be required under Scenario 1. Scenario 4. Since senior units proposed under Scenario 4 would generate less traffic than typical multi- family units and the number of dwelling units would be only slightly increased when compared to Scenario 3, trips generated by Scenario 4 would be less than under Scenarios 1 and 3. Scenario 4 would reflect the same distribution and peak hour direction of travel as Scenario 3. Traffic increases under Scenario 4 would also affect the above two intersections, and implementation of Mitigation Measures TRA-1 and TRA-2 would be required to mitigate this scenario’s impacts to a less-than-significant level, just as it would be required under Scenario 1. Cumulative Conditions (Existing+Background+Project+Cumulative). Two cumulative conditions were evaluated: (1) when traffic increases associated with approved developments and proposed, but not yet approved projects are added to estimated project trips (under all Project Scenarios), which include a 3 percent transit reduction adjustment; and (2) when traffic increases associated with the North Forty Project in addition to approved and proposed projects are added to the proposed project (including the 3 percent adjustment and under all Project Scenarios). The roadway network under Cumulative Conditions is assumed to be the same as the roadway network described under project conditions. Proposed, but not yet approved projects considered in this analysis are listed as follows: MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 74 § 475-485 Alberto Way (General Office) § 15405 Los Gatos Boulevard (Office) § 16005 Los Gatos Boulevard (Mixed Use) § 15928 Union Avenue (Residential) § 16213 Los Gatos Boulevard (Mixed-Use) § 14966 Terreno de Flores (Residential) § Towne Terrace Apartments, 135 Riviera Drive (Residential) § Dittos Lane Apartments, 20 Dittos Lane (Residential) § 16922 Mitchell Avenue (Residential) § 106 Towne Terrace (Residential) § Creekside Sports Park, 930 University Avenue The trip estimates under long-term Cumulative Conditions for the proposed project would differ from those presented under Project Conditions due to planned transit facilities in the project area. The proposed Vasona Corridor Light Rail Transit (LRT) Extension Project consists of a 1.57-mile extension from the existing Winchester Station in the City of Campbell to a new Vasona Junction Station in Los Gatos. The proposed project would include two new stations along the extension: the Vasona Junction Station (end of the line station), located near the SR 85 and Winchester interchange, and the Hacienda Station, located near the intersection of Hacienda Avenue and Winchester Boulevard. The Vasona Junction Station has a projected completion date of 2015. Therefore, a 3 percent transit reduction was applied to the project- generated trips presented under Cumulative Conditions due to the project site’s close proximity (approximately 2,000 feet) to the planned Vasona Junction LRT Station, as prescribed by the VTA guidelines. On the basis of the trip generation rates recommended by ITE and the transit reduction, it is estimated that the proposed 300,000 s.f. of additional office space would generate an additional 2,942 daily trips, with 385 trips (342 inbound and 42 outbound) occurring during the AM peak hour and 343 trips (48 inbound and 295 outbound) occurring during the PM peak hour. The project trip generation estimates under cumulative conditions are presented in Attachment 5, Table 23, of the Initial Study. Table 15 of the Initial Study summarizes estimated level of service operation at study intersections under both Cumulative Conditions (without and with the North Forty Project). Under Cumulative Conditions, the results indicate that all study intersections are projected to operate at acceptable levels of service except at the following intersections: § Winchester Boulevard and Albright Way (Unsignalized Intersection #4, Town of Los Gatos). Controlled movements at this intersection (the movement from Albright Way) would continue to operate with long delays, at an unacceptable LOS E during at least one peak hour. Under both Cumulative Conditions, this intersection’s level of service operation would degrade to LOS F during both peak hours and it would also meet signal warrants. Based on the above Town of Los Gatos significance thresholds, such changes would be a significant cumulative impact. However, since the project would be required to implement Mitigation Measure TRA-1, the necessary traffic improvements would be installed as part of the project to improve intersection operation to acceptable levels under both Project and Cumulative Conditions. Since the project’s contribution to this cumulative impact would be mitigated to a less-than-significant level, its contribution would not be cumulatively considerable and therefore, less than significant. § University Avenue and Lark Avenue (Unsignalized Intersection #7, Town of Los Gatos). This intersection is expected to operate at LOS D and an unacceptable LOS F during the AM and PM peak hour, respectively, under Background Conditions. Under both Cumulative Conditions, this intersection’s level of service operation would degrade to LOS E during the AM peak hour and worsen during the PM peak hour. This intersection also would meet signal warrants with the addition of cumulative traffic. Based on the above Town of Los Gatos significance thresholds, such changes would be a significant cumulative impact. However, since the project would be required to implement Mitigation Measure TRA-2, the necessary traffic improvements would be installed as part of the project to improve intersection operation to acceptable levels under both MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 75 project and cumulative conditions. Since the project’s contribution to this cumulative impact would be mitigated to a less-than-significant level, its contribution would not be cumulatively considerable and therefore, less than significant. § Bascom Avenue and Samaritan Drive (Signalized Intersection #16, City of San Jose). Under Cumulative (With North Forty) Conditions, this intersection is projected to operate at an unacceptable LOS F during the PM peak hour. Of the total projected cumulative traffic volume growth at this intersection, project-related traffic at this intersection would account for only approximately 4 percent while traffic related to the North Forty Project would account for approximately 90 percent of the total projected traffic volume growth at the intersection. The project would not be a cumulatively considerable contributor to the significant cumulative impact at this intersection since the improvements required at this intersection to improve level of service operation to acceptable levels would be the same with or without the project. Since 90 percent of the traffic contributions to this intersection would be generated by the North Forty Project, required improvements to this intersections will be required as part of the North Forty Project. Freeway Operation – Existing+Background+Project (All Scenarios). Traffic volumes on the study freeway segments under project conditions were estimated by adding project trips to the existing volumes obtained from the 2009 CMP Annual Monitoring Report. The results of the freeway analysis, summarized in Table 16 of the Initial Study, indicate that the project under Scenario 1 would not cause a significant impact on any of the study freeway segments. Since Scenarios 2, 3, and 4 would generate fewer freeway- related trips, they would also have a less-than-significant impact on study freeway segments. Air Traffic Patterns – All Scenarios. The project site is not located within an airport land use plan, nor is there a public airport, public use airport, or private airstrip located in the project vicinity. Therefore, the project would have no impact on air traffic patterns, would not directly increase air traffic levels, nor would there be any change in location that results in substantial safety risks. Traffic Safety Hazards. Site Access and On-Site Circulation (All Scenarios). The project is proposed to be served by one full- access driveway (a new signalized intersection opposite Courtside Club) and two right-turn-only access driveway (the existing entrances) along Winchester Boulevard. The close spacing of only 400 feet between the new signal and the signal at Winchester Boulevard/Wimbledon Drive would require that the signals at these two intersections be interconnected and signal timing be synchronized, as recommended in Mitigation Measure TRA-1. The proposed change in access would require reconfiguration of existing on-site parking lots. All surface parking would have drive aisles of 25 feet in width, which would allow for adequate two-way circulation and maneuvering for 90-degree parking stalls and the internal roadway network would contain no dead- end drive aisles on site. The design and layout of the on-site roadways was reviewed by Hexagon Transportation Consultants, and determined to be adequate to accommodate circulation of passenger vehicles. Accident Safety Analysis (All Scenarios). The recorded collisions at the Winchester Boulevard and Albright Way intersection equate to a collision rate 0.13 collisions per million vehicle miles. The calculated collision rate is lower than the Caltrans average of 0.22 for an urban multi-lane roadway but approaches the 0.14 collision rate for an urban T-intersection. Required implementation of Mitigation Measure TRA-1 would improve safety conditions at the Winchester Boulevard/Albright Way intersection. Intersection Queues (All Scenarios). Under Project Conditions, vehicle queues would increase at the following two intersections, and impacts associated with these longer queues is described as follows: § Winchester Boulevard and Albright Way (Unsignalized Intersection #4 located in Town of Los Gatos). Based on projected traffic volumes and signalization of the Winchester Boulevard and Albright Way intersection under Project Conditions, the southbound Winchester Boulevard to MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 76 eastbound Albright Way vehicle queue is estimated to be 7 vehicles per lane for 95 percent of the AM peak hour. Therefore, the estimated queue would extend back and over the rail line by approximately two vehicles, or 50 feet, under Project Conditions, a potentially significant traffic safety hazard. However, proposed restriction of access at existing Winchester Boulevard/Albright Way intersection and provision of a new signalized project entrance on Winchester Boulevard approximately 200 feet south of Albright Way, as outlined in Mitigation Measure TRA-1, would reduce this impact to a less-than-significant level. The new entrance location would provide adequate storage for projected queues and would not interfere with the rail line. § Winchester Boulevard and Lark Avenue (Signalized Intersection #6 located in Town of Los Gatos). Under Project Conditions, the southbound Winchester Boulevard to eastbound Lark Avenue vehicle queue is estimated to be 19 vehicles, or 475 feet per lane, presenting an inadequacy of 200 feet per lane. Currently, vehicles exceed the existing storage capacity and extend into the southbound through lanes back through the signalized Wimbledon Drive intersection and frequently block access to and from this signalized intersection. Coordination and synchronization of signal timing of all intersections on the Winchester Boulevard corridor between Lark Avenue and State Route 85 may alleviate vehicular queuing problems at the Winchester Boulevard and Lark Avenue intersection. Alternatively, an additional 100 feet of storage space per lane could be added with the extension of the existing left-turn lanes back to Wimbledon Drive. The extension of the southbound left-turn lanes would require removal and reconstruction of the median along Winchester Boulevard between Lark Avenue and Wimbledon Drive. Although this improvement, which is included as Mitigation Measure TRA-3, would not provide sufficient storage space to serve the projected queue, it would mitigate the project’s impact on this queue so that the queue would return to the length under the Background Condition, and is considered to reduce this impact to a less-than-significant level. Emergency Access – All Scenarios. The existing emergency vehicle access to the project site from Charter Oaks Drive would remain in its current location. The internal roadway network would contain no dead-end drive aisles on site and buildings would be located so that fire trucks could park on an approved and stable surface within 30 feet of the farthest points of the roof (see Figure 7 of the Initial Study). In addition, where portions of a building would be farther than a 150-foot hose reach (e.g. in the center courtyard), fire hydrants would be provided as required by the Fire Department. The project will also be required to comply with Fire Department Standard Details and Specifications for minimum road width, paved all-weather surface, minimum vertical clearance, minimum turning radius, and maximum slope for access by fire engines and ladder trucks (ladder truck access is intended to address proposed high-rise structures). Therefore, the project’s impact on emergency access would be less than significant. Parking. Scenarios 1 and 2. The project applicant proposes to provide 1 space per 303 s.f. of building area (3.3 spaces per 1,000 s.f.). Town Code would require provision of 1 space per 235 s.f. of building area for business and professional office. However, Town code does not specify a parking requirement for office/light industrial use such as the proposed use. Therefore, adequacy of the proposed parking ratio cannot be determined at this time, a potentially significant impact. When specific development plans for this scenario are completed during Architecture and Site review, parking surveys of similar facilities will need to be conducted in order to determine adequacy of proposed parking ratios. Such surveys will need to be completed during the Architecture and Site review process, as required in Mitigation Measure TRA- 5, in order to determine adequacy of proposed parking for office/light industrial use. Scenario 3. The project applicant proposes to provide 1.5 spaces for each one-bedroom unit and 2 spaces for each two- or three-bedroom unit, which would be consistent with Town Code. Therefore, parking impacts under this scenario would be less than significant. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 77 Scenario 4. The project applicant proposes to provide 1.5 spaces for each independent living unit and 0.3 spaces for each assisted living unit. Town code does not specify a parking requirement for these types of senior housing units. Therefore, adequacy of the proposed parking ratio cannot be determined at this time, a potentially significant impact. When specific development plans for this scenario are completed during Architecture and Site review, parking surveys of similar facilities will need to be conducted in order to determine adequacy of proposed parking ratios. Such surveys will need to be completed during the Architecture and Site review process, as required in Mitigation Measure TRA-5, in order to determine adequacy of proposed parking for senior residents as well as senior facility staff. Alternative Transportation (Pedestrian, Bicycle, and Transit Access). Existing Bicycle Facilities – All Scenarios. There is a limited amount of bicycle facilities in the vicinity of the project site. Class II bikeways (defined as striped bike lanes on street) are provided on Winchester Boulevard to the south of the site (between Lark Avenue and Daves Avenue and Blossom Hill Road between the Los Gatos Creek Trail and Cherry Blossom Lane). However, the Los Gatos 2020 General Plan delineates a proposed Class II bikeway for Winchester Boulevard to the north of Lark Avenue. There is a bike path adjacent to Los Gatos Creek, the Los Gatos Creek Trail, which extends from South of Los Gatos through Vasona Park and into San Jose. Although there is no dedicated access point to the Los Gatos Creek Trail from the project site, the trail can be accessed from the project site parking lots. Though many roadways in the project area are not considered ideal routes for bicyclists due to the moderate to heavy traffic volumes, presence of on-street parking, frequent bus service and stops, and narrow travel area for bicyclists, bicyclists could, nevertheless, choose to use them for commuting and recreational purposes since they often provide the shortest route. The lack of bicycle lanes within the study area would pose safety risks for bicyclists, but not any greater than on other streets in town that do not have these lanes. The existing bicycle facilities would be adequate to serve the anticipated demand from the project under all scenarios, and no improvements would be required. However, there is a proposed Class II bikeway designated in the 2020 General Plan for Winchester Boulevard between Lark Avenue and the northern town limit. Therefore, access and frontage improvements required in Mitigation Measures TRA-1 through TRA-4 will need to be designed to accommodate this planned facility. Existing Pedestrian Facilities – All Scenarios. Pedestrian facilities in the study area consist of sidewalks along most of the surrounding streets, with the exception of the east side of Winchester Boulevard. Sidewalks are provided along both sides of Winchester Boulevard between Lark Avenue and Albright Way. However, due to the rail line, sidewalks are only provided along the west side of Winchester Boulevard north of Albright Way. No sidewalks are provided along Winchester Boulevard south of Lark Avenue. Crosswalks with pedestrian signal heads are located at all of the signalized intersections in the study area. Overall, the existing sidewalks have good connectivity and provide pedestrians with safe routes to all of the surrounding land uses in the area. The future Vasona Light Rail Station is planned to be located north of the project site, just north of the Winchester Boulevard/State Route 85 northbound ramps intersection. Since there is no sidewalk along the east side of Winchester Road north of Albright Way, project pedestrians who want to access this station or any location north of the site will be required to walk south to Wimbledon Drive, cross Winchester Boulevard at a signalized crosswalk, then walk north along the west side of Winchester Boulevard, a 0.6- mile route that is twice as far as pedestrian walking directly north along the east side of Winchester Boulevard from Albright Way (0.3 mile, when both routes are measured from a starting point at the existing Albright Way project entrance and the end point at the future Vasona Light Rail Station). A pedestrian walking between these two points via the Los Gatos Creek Trail would travel a slightly shorter distance, approximately 0.5 mile. Provision of a new signalized project intersection on Winchester Boulevard approximately 200 feet south of Albright Way (required in Mitigation Measure TRA-1) would shorten this route by approximately 0.2 mile but it would still be 0.1 mile longer than a direct route along MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 78 the east side of Winchester Boulevard. While this longer route could take about five minutes longer, such a small time difference would not necessarily induce pedestrians to walk along the east side of Winchester Boulevard where there is no sidewalk. Nevertheless, the project would increase the number of employees at the project site, which would increase the number of pedestrians that would ultimately access the Vasona Light Rail Station. Since there is adequate width along the east side of the Winchester Boulevard freeway overcrossing, some pedestrians could choose to walk along the east side, which would pose a significant safety hazard because there is no sidewalk and pedestrians would have to cross the railroad tracks. Pedestrian access will be addressed during the Architecture and Site review process, when project design details are completed. Implementation of Mitigation Measure TRA-4 will require the Town to specifically review and evaluate the need for either providing or preventing pedestrian access along east side of Winchester Boulevard (north of Albright Way) when specific design details for pedestrian access are submitted for Architecture and Site review. Provision of either safe pedestrian access or measures to prevent pedestrians from walking along the east side of Winchester Boulevard would reduce this potential safety hazard to a less-than-significant level. Existing Transit Service – All Scenarios. Existing transit service to the study area is provided by the VTA. The VTA provides bus service to the immediate project area via two local routes that are described as follows (see Attachment 5 of the Initial Study, Figure 4, for locations). § Local Route 48 operates on Winchester Boulevard in the study area. It runs from the Los Gatos Civic Center to the Winchester Transit Center in Campbell with 30-minute headways in the AM and PM peak hours. Route 48 operates between 6:30 a.m. and 8:30 p.m. § Local Route 49 operates on Los Gatos Boulevard in the study area. It runs from Los Gatos Civic Center and the Winchester Transit Center with 30-minute headways in the AM and PM peak hours. Route 49 operates between 6:30 a.m. and 8:00 p.m. The Winchester Transit Center is located approximately two miles from the project site. The Winchester Transit Center provides connections to both of the above bus routes as well as serves as the southern station and termination point of the Mountain View-Winchester LRT Line. The existing transit services are expected to accommodate the additional transit trips generated by the project under all scenarios, and no improvements would be required. Mitigation Measures – Transportation/Traffic (TRA). The following measures shall be implemented by the project applicant under all Project Scenarios to reduce the project’s traffic impacts to less-than- significant levels: TRA-1: Winchester Boulevard and Albright Way (Unsignalized Intersection #4). The necessary improvements to mitigate project and cumulative impacts at this intersection consist of the signalization of the intersection with protected left-turn phasing on Winchester Boulevard. Intersection level of service would improve to LOS B during both peak hours with the improvements. However, based upon vehicular queuing analysis, it is recommended that the project entrance at Winchester Boulevard and Albright Way be restricted to right-turn in and out only and a new signalized project entrance be provided along Winchester Boulevard approximately 200 feet south of Albright Way. The new signalized entrance will be aligned with the entrance to the Courtside Club forming a new four-legged signalized intersection with signal interconnect to the signals at Winchester Boulevard and Wimbledon Drive and Winchester Boulevard and State Route 85(S). The close spacing of only 400 feet between the new signal and the signal at Wimbledon Drive will require that the two signals be interconnected and signal timing to be synchronized. Alternate configurations may be possible to accommodate specific project phasing. Any interim alternate configurations must provide a level of service that conforms to the Town’s Traffic Impact Policy. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 79 TRA-2: University Avenue and Lark Avenue (Unsignalized Intersection #7). The necessary improvements to mitigate project and cumulative impacts at this intersection consist of the signalization of the intersection with signal interconnect to and coordination with the signal at Winchester Boulevard and Lark Avenue. Intersection level of service would improve to LOS B and C during the AM and PM peak hours, respectively, with the improvements. It should be noted that this intersection is projected to operate at unacceptable levels under Town of Los Gatos 2020 General Plan Conditions. The Town of Los Gatos Draft 2020 General Plan identifies the above improvement as a roadway improvement necessary to accommodate the future development allowed under the 2020 General Plan. However, due to the lack of dedicated funding sources for the improvements identified in the General Plan, this improvement cannot be assumed to be completed under Project Conditions. Therefore, the project will be required to fund and construct the improvement, unless other development is identified that will contribute a ‘fair share’ amount toward the implementation of the improvement. TRA-3: Winchester Boulevard and Lark Avenue (Signalized Intersection #6). An additional 100 feet of storage space per lane shall be added by extending the existing southbound left-turn lanes on Winchester Boulevard back to Wimbledon Drive. The extension of the southbound left-turn lanes would require removal and reconstruction of the median along Winchester Boulevard between Lark Avenue and Wimbledon Drive. The study, prepared by a licensed engineer, must show that coordination and synchronization of traffic signal timing within this corridor fully mitigates pre- and post-project queues at the Lark Avenue intersection by keeping them from extending into the Wimbledon Drive intersection. TRA-4: Pedestrian and Bicycle Access. As part of Architecture and Site review, the Town shall specifically review and evaluate site development plans for the need to either provide or prevent pedestrian access along east side of Winchester Boulevard (north of Albright Way). In addition, all required improvements along Winchester Boulevard (including those specified in this measure and Mitigation Measures TRA-1 through TRA-3 shall be designed to accommodate the proposed Class II bikeway designated by the 2020 General Plan for Winchester Boulevard between Lark Avenue and the northern town limit. TRA-5: Parking Survey. During the Architecture and Site review process, a parking survey will need to be completed at other comparable facilities in the region in order to determine adequacy of proposed parking for light industrial use under all Project Scenarios and for senior residents as well as senior facility staff under Scenario 4. Mitigation Monitoring. The Directors of the Community Development and Parks and Public Works Departments shall be responsible for ensuring that these traffic improvements are completed prior to project occupancy and the parking survey is completed prior to Architecture and Site review for Scenario 4. 17. Utilities and Service Systems Wastewater Facilities and Service. The West Valley Sanitation District (WVSD) provides wastewater collection and disposal services for the cities of Campbell, Los Gatos, Monte Sereno, much of Saratoga and some unincorporated areas of the county within the district boundary. WVSD serves approximately 112,000 persons, including the entire population of the Town of Los Gatos. The WVSD’s system within the Town of Los Gatos consists of gravity mains ranging from 6 inches to 27 inches in diameter. The collection system flows north, exiting the Town limits through multiple trunk sewers. These systems continue to the north through the City of San Jose trunk sewers and ultimately to the San Jose/Santa Clara Water Pollution Control Plant in Alviso. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 80 The San Jose/Santa Clara Water Pollution Control Plant cleans and treats the wastewater of approximately 1,500,000 people that live and work in the 300-square-mile area encompassing the cities of San Jose, Santa Clara, Milpitas, Campbell, Cupertino, Los Gatos, Saratoga and Monte Sereno. The plant has the capacity to treat 167 million gallons of wastewater per day (mgd) utilizing an advanced, tertiary wastewater system. Most of the final treated water from the Plant is discharged as fresh water through Artesian Slough and into South San Francisco Bay. About 10 percent is recycled through South Bay Water Recycling pipelines for landscaping, agricultural irrigation, and industrial needs around the South Bay. The WVSD has a contract with the City of San Jose for a percentage of the capacity of their sewage treatment facilities. In return, the contract requires the WVSD to pay its share of debt service, operation, maintenance and improvement costs. There are approximately 8,419 connections for single-family residential uses, 3,188 connections for multi-family uses, 756 connections for commercial/industrial uses for a total of 12,363 connections in the Town of Los Gatos. The WVSD has a fixed allocation of the San Jose/Santa Clara Water Pollution Control Plant, which was 13.052 mgd in fiscal year (FY) 2004–2005. In FY 2004–2005, the WVSD collected and conveyed 10.675 mgd of wastewater to the treatment plant, which was far less than its allocated capacity. Because of the excess capacity, the WVSD sold 1.0 mgd of treatment plant capacity to the City of Milpitas in 2006 and now has the capacity for 12.052 mgd. In FY 2009-2010, the WVSD collected and conveyed 10.417 mgd, a decrease from the 2004-2005 wastewater flow levels, and below the contracted capacity of 12.052 mgd. Scenarios 1 and 2. There are existing sanitary sewer lines on the site serving both on-site facilities as well as transmitting wastewater from off-site facilities through the site. The concept for the proposed on-site sewer system is shown in Figure 26 of the Initial Study. In general, a sanitary sewer main would extend along on-site roadways with sewer laterals connecting to each building. This main would connect to the existing sanitary sewer main located at the northeast corner of the site adjacent to the State Route 85 freeway, as indicated in Figure 26 of the Initial Study. However, this concept does not address the transmission of off-site flows north through the site via an existing eight-inch sewer line. There would be a potential for disruption of existing wastewater transmission facilities serving off-site locations if this existing facility is not accommodated in the on-site sewer system concept, and this would a potentially significant impact. Implementation of Mitigation Measure USS-1, which requires either preservation or relocation of existing sanitary sewer transmission facilities, would reduce this impact to a less-than- significant level. Using the 2020 General Plan’s estimated wastewater generation rate of 0.14 gallons per s.f. per day for office use, the proposed Scenario 1 would generate an additional 42,000 gallons per day (based on a net increase of 300,000 s.f.) and Scenario 2 would generate an additional 12,740 gallons per day (based on a net increase of 91,000 s.f.). Scenarios 3 and 4. The conceptual utilities plan for residential uses has not been specified, but would ultimately connected to the existing sanitary sewer main located at the northeast corner of the site adjacent to the State Route 85 freeway, as indicated in Figure 26 of the Initial Study. The potential for disruption of existing wastewater transmission facilities serving off-site locations would also be a potentially significant impact under these scenarios and implementation of Mitigation Measure USS-1 would also be required under these scenarios to reduce this impact to a less-than-significant level. Using the 2020 General Plan’s estimated wastewater generation rate of 121 gallons per unit per day for residential uses, the proposed Scenario 3 would generate an additional 55,436 gallons per day (based on a net decrease of 50,000 s.f. of office space and addition of 516 residential units) and Scenario 2 would generate an additional 65,600 gallons per day (based on a net decrease of 50,000 s.f. of office space and addition of 600 residential units). MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 81 Based upon wastewater treatment plant allocations for the WVSD as described above, the District has adequate collection facilities and treatment capacity to accommodate wastewater flows from the proposed residential development. The plans for proposed sewer pipe installation would be reviewed by and require approval from the West Valley Sanitation District. Therefore, the project’s impact on wastewater service would be less than significant. Water Facilities and Service – All Scenarios. Water service to the project area is provided by the San Jose Water Company (SJWC). The SJWC supplies domestic water to Los Gatos, Monte Sereno, San Jose, Campbell, Saratoga, and Cupertino. Water supply sources include ground water, mountain surface water, imported surface water, and the Cupertino Water System. Groundwater is pumped from over 100 wells that draw water from the Santa Clara Groundwater Basin. During 2000, groundwater pumped from deep wells was approximately 39 percent of SJWC’s supply. Surface water imported from the Sacramento-San Joaquin Delta and purchased from the SCVWD comprises 51 percent of SJWC’s supply. A smaller portion is impounded in local reservoirs in Santa Clara County. Local surface water from the watershed in the Santa Cruz Mountains is 10 percent of SJWC’s supply. The San Jose Water Company (SJWC) provides water service to existing office buildings on the project site via a combination of 8-inch, 10-inch, and 12-inch water distribution lines. The proposed utility concept (Figure 26 of the Initial Study) indicates that on-site water lines would connect to an existing water main located at the existing Albright Way/Winchester Boulevard intersection. From this point, a water main would be extended along the site’s internal roadways with lateral lines extending from this main and connecting with proposed buildings. In order to determine whether existing water supplies and on-site facilities would be adequate to accommodate the proposed project, a Water Supply Assessment (WSA) was completed by the SJWC. The WSA indicates that the project site is located in the More Zone, which contains about 20,000 services. Current water usage for new projects have been measured at a rate of 400 gallons per day (gpd) per service and 250 gpd per service for condominiums. Maximum water demand for the proposed project is estimated by SJWC to be 240,000 gpd under all scenarios. Based on input from the San Jose Water Company, impacts on water facilities and service would be less than significant. Stormwater Drainage Facilities – All Scenarios. There are existing storm drain facilities on the site, but the concept for the proposed storm drain system is shown in Figure 26 of the Initial Study. Proposed storm drainage facilities are discussed above in more detail under Section 9, Hydrology and Water Quality. Solid Waste. The West Valley Collection & Recycling, LLC (WVCR) is the exclusive recycling, green waste, and garbage hauler for the Town of Los Gatos, the cities of Campbell, Monte Sereno, and Saratoga and unincorporated Santa Clara County. All recycling, green waste, and garbage are picked up by WVCR and transported directly to the Guadalupe Landfill, located in the City of San Jose. The Guadalupe Landfill is a Class III solid waste landfill. The total permitted capacity of the landfill is 16.5 million cubic yards. As of the end of 2008, the landfill has used approximately 4.8 million cubic yards or 29 percent of its capacity. The projected capacity remaining as of the end of 2008 is 11.7 million cubic yards. Currently, the landfill is expected to reach its capacity in 2031. During April, May, and June of 2008, the Town of Los Gatos generated 9,586 tons of solid waste, of which 4,498 tons were diverted through recycling or as yard trimmings. In 2007, the landfill accepted 21,302 tons of solid waste from the Town. WVCR provides single stream recycling to single-family and multi-family residents as well as commercial customers. Single stream recycling means all recyclables are placed in a single bin and do not need to be sorted based on the material type (i.e. paper, plastic, metal, etc.). All recyclable materials are sorted at WVCR’s Materials Recovery Facility (MRF) in the City of San Jose. WVCR also collects green MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 82 waste, or yard trimmings, from residential customers. The green waste is taken to the Guadalupe Landfill. Scenarios 1 and 2. The 2020 General Plan EIR provides estimates of solid waste generation for new development within Los Gatos over the next 10 years. Using the General Plan EIR’s estimated generation rate of 0.006 pounds per square foot per day for office uses, Scenario 1 would generate an additional 1,800 pounds of solid waste per day (based on a net increase of 300,000 s.f.), while Scenario 2 would generate an additional 546 pounds per day (based on a net increase of 91,000 s.f.). The implementation of the General Plan policies for solid waste handling would promote waste reduction and compliance with recycling regulations. Consequently, the project’s impact on solid waste services would be less than significant. Scenarios 3 and 4. The 2020 General Plan EIR provides estimates of solid waste generation for new development within Los Gatos over the next 10 years. Using the General Plan’s estimated generation rate of 12.23 pounds per unit per day for residential land uses, the proposed 516 multi-family residential units under Scenario 3 would generate approximately 5,718 pounds of solid waste per day, while 600 senior housing units would generate 7,038 pounds per day. These estimates include a 300 pounds per day reduction in solid waste associated with the decrease in office space from existing 250,000 s.f. to 200,000 s.f.. However, these net increases are considered to be conservatively high since they do not account for lower solid waste generation rates typically associated with apartments and senior housing, as compared to single-family homes. The implementation of the General Plan policies for solid waste handling would promote waste reduction and compliance with recycling regulations. Consequently, the project’s impact on solid waste services would be less than significant. Mitigation Measures – Utilities and Service Systems (USS). The following measure shall be implemented by the project applicant under all Project Scenarios to reduce the project’s impact on existing wastewater transmission facilities to a less-than-significant level: USS-1: Preserve or Relocate Existing Eight-Inch Line Sanitary Sewer Line. During Architecture and Site Review, detailed utility plans shall indicate either preservation or relocation of the existing eight-inch sanitary sewer transmission line to accommodate service for off-site flows north through the site and establish a new sewer easement for this line. In addition, a letter from West Valley Sanitation District stating approval of the project, shall be provided to the Town by the applicant. Mitigation Monitoring. The Director of Parks and Public Works shall be responsible for ensuring that plans properly incorporate this requirement. 18. Mandatory Findings of Significance Significant Impacts on the Natural and Man-Made Environments. This Initial Study indicates the project has the potential to degrade the quality of the environment and adversely affect human beings in the following manner: § Aesthetics: Significant changes in the visual character due to the proposed scale and mass of proposed buildings (all scenarios). § Air Quality: Increases in construction-related criteria pollutants that exceed BAAQMD significance thresholds (all scenarios) and TAC exposure of project residents due to proximity to the freeway (Scenarios 3 and 4 only). § Biological Resources: Potential impacts on nesting birds, the Los Gatos Creek riparian habitat, and on-site trees to be removed and retained (all scenarios). § Cultural Resources: Potential to encountered unknown buried archaeological resources (all scenarios). § Geology and Soils: Seismic-related ground failure hazards and geotechnical concerns with undocumented fill (all scenarios). MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 83 § Greenhouse Gas Emissions: Greenhouse gas emissions generated by project operation (all scenarios). § Hazards and Hazardous Materials: Public health risks from hazardous materials occurring on-site (all scenarios). § Hydrology and Water Quality: Drainage impacts if impervious surface area is increased ( Scenarios 2, 3, and 4) and potential inundation hazards from dam failure (all scenarios). § Land Use: Potential conflicts with General Plan policies related to visual and noise compatibility from mixed-use development (Scenarios 3 and 4 only). § Noise and Vibration: Exposure of future residents to high ambient noise levels (Scenarios 3 and 4 only) and construction-related noise and vibration impacts (all scenarios). § Recreation: Increased demand on recreational facilities (Scenarios 1, 3, and 4). § Transportation and Traffic: Impacts on level of service operation of the Winchester Boulevard/Albright Way and University Avenue/Lark Avenue intersections (all scenarios), increased queuing at the Winchester Boulevard/Lark Avenue intersection (all scenarios), pedestrian and bicycle safety hazards on Winchester Boulevard (all scenarios), and adequacy of proposed parking ratios (all scenarios). § Utilities: Potential service disruption impacts related to an existing wastewater transmission line that serves off-site locations and traverses the site. All mitigation measures outlined in this Initial Study will be required to reduce these impacts to less-than- significant levels. Cumulative Impacts. When the proposed project is considered together with other recently constructed, approved, or proposed projects in the vicinity, the proposed project could contribute to cumulative impacts, particularly those related to land use, population, services, traffic and parking. Projects located within the project area and within the Town of Los Gatos that have been approved but not yet constructed or constructed but not yet fully occupied are listed as follows: § 15940 Blossom Hill Road (Residential) § 15881 Linda Avenue (Residential) § 371 Los Gatos Boulevard (Residential) § 55 Los Gatos Boulevard (Motel) § 15720 Winchester Boulevard (Office) § 14881 National Avenue (Medical/Dental Office) § 15400 Los Gatos Boulevard (Medical – Dental/Hi-Turnover Restaurant) § 930 University Avenue (Warehouse) § Samaritan/Los Gatos Boulevard (Medical Office) § Town Library (Library) § Old Town Library § Safeway Expansion (Super Market) § Placer Oaks (Residential) § 192 Los Gatos Boulevard (Walk-in Bank) § 16922 Mitchell Avenue § 15780 Los Gatos Boulevard (Medical Office) Proposed, but not yet approved projects considered in this analysis are listed as follows: § 475-485 Alberto Way (General Office) § 15405 Los Gatos Boulevard (Office) § 16005 Los Gatos Boulevard (Mixed Use) § 15928 Union Avenue (Residential) § 16213 Los Gatos Boulevard (Mixed-Use) § 14966 Terreno de Flores (Residential) MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 84 § Towne Terrace Apartments, 135 Riviera Drive (Residential) § Dittos Lane Apartments, 20 Dittos Lane (Residential) § 16922 Mitchell Avenue (Residential) § 106 Towne Terrace (Residential) § Creekside Sports Park, 930 University Avenue § North Forty Project (Mixed Use) Of the above-listed projects, none are located in the immediate project vicinity. However, the North Forty Project and Creekside Sports Park are located approximately ½ mile east and south of the project, respectively, and due to their proximity, there is a potential for cumulative traffic and air quality impacts, which are discussed under Sections 3, Air Quality, and 16, Transportation and Traffic and summarized below. The geographic scope of the cumulative analysis varies by resource area. For the cumulative traffic assessment, the geographic scope of the cumulative analysis includes 19 intersections along Winchester Boulevard, Lark Avenue, and Los Gatos Boulevard. The geographic scope of the cumulative air quality analysis is regional (San Francisco Bay Area Air Basin), while the geographic scope of the greenhouse gas analysis is global. The cumulative noise impact analysis is more localized and limited to the area in the vicinity of the project site. For the evaluation of cumulative impacts on public services and utilities, the geographic scopes vary with each service agency’s service boundary, which is the town boundary in some cases. The 2020 General Plan would allow the construction of approximately 1,600 new residential units, which would increase the Town's population by approximately 3,790 new residents by 2020 for a total population of approximately 32,600. Additionally, under the 2020 General Plan, commercial, office and industrial square footage is projected to increase by approximately 943,210 square feet by 2020, resulting in an increase of approximately 2,660 new jobs or approximately 21,480 total jobs in the Town (Los Gatos 2020 General Plan EIR, page 3-24). All Scenarios. For the purposes of this study, the cumulative effects of the development scenarios considered herein would only be considered significant if the nature and extent of physical impacts, in combination with the impacts from approved, known, and reasonably expected development projects, exceed the levels determined and evaluated by the 2020 General Plan EIR. These potential cumulative impacts relate land use and the associated effects on air quality, population, recreation, transportation, services, and utilities. The project’s increases in non-residential square footage and residential units under all proposed development scenarios would not exceed the levels determined and evaluated by the 2020 General Plan EIR. The project would contribute incrementally to cumulative effects on aesthetics and visual quality as well as increases in noise on local roadways, demand for recreational facilities, services, and utilities as a result of future growth in the community per the Town's 2020 General Plan. However, since the expected population growth from this project (all scenarios) would be within population growth projections anticipated in the General Plan through 2020 (see Section 13, Population and Housing), the project’s incremental contribution to this cumulative increase would be less than cumulatively considerable (less than significant). Mitigation Measures AES-1, NOI-1, REC-1, and USS-1 would reduce the project’s incremental impacts on each of these resources to less-than-significant levels and therefore, project contributions to potential cumulative impacts would be less than cumulatively considerable (less than significant). Scenario 1. This development scenario would replace all office uses on the project site with new and more office space. The proposed project would remove approximately 250,000 s.f. of existing office space and construct 550,000 s.f. of new office space, resulting in an increase of 300,000 s.f. of office space on the project site. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 85 The 2020 General Plan EIR evaluated proposed changes in land use designations for the community and included a specific assessment of growth potential for the Vasona Light Rail (VLR) area. The environmental analyses for the General Plan examined cumulative impacts for all issues under the assumption that the goals, policies, and actions would guide and direct land use changes in an organized and controlled manner. The General Plan assumptions also included definitive locations for land use changes throughout the community and within the Vasona Light Rail area. Specifically, potential land use changes and growth in residential and commercial uses were identified for the Vasona Light Rail area and specifically for the following sub-areas: Vasona Junction, Oka Road, North Forty, and East Los Gatos Boulevard. The proposed development and projected growth in the North Forty is the focus of specific plan process for that area. While the project site is in the Vasona Light Rail area, the property is not included in the sub-areas considered for community growth in the planning horizon of the 2020 General Plan. This proposed development scenario would introduce intensified office/R&D uses on a project site that is a part of the Vasona Light Rail area targeted by the General Plan for future community growth. However, the VLR Element does not identify the subject property itself for new development. The development proposed under Scenario 1, in conjunction with the buildout development indicated in the 2020 General Plan, would not exceed the total non-residential development considered in the 2020 General Plan EIR. The development proposed under this scenario would increase office/R&D space in Los Gatos by 300,000 s.f. As indicated above, the land use designations of the General Plan assume that the town will add approximately 943,210 s.f. of retail, office, and industrial development. Non-residential uses to be included as part of the Specific Plan for the North Forty area would encompass 580,000 s.f. of retail and office development. When considered with office/R&D uses proposed by Scenario 1, cumulative non- residential uses for the Vasona Light Rail area would total 880,000 s.f. This level of development is within the overall assumption of 943,210 s.f. of non-residential uses included in the General Plan for the period through 2020. Based on project plans for Scenario 1, the proposed development would be phased to ensure an orderly change in the level of uses on the project site. As required by the 2020 General Plan, all proposed development plans will be reviewed and evaluated to coordinate community growth in a manner that adheres to the goals of the General Plan. The Town’s development review process guides community development in a manner that achieves the community’s goal of retaining a “small-town character,” provides adequate services and infrastructure, and manages overall growth. The adherence to the land use guidelines and objectives of the General Plan will ensure that potential cumulative effects of this project scenario on land use, population, public services, recreation,2 and infrastructure would be less than significant. In addition, this scenario’s cumulative air quality, greenhouse gas,3 and traffic impacts are discussed above (see Sections 3, Air Quality; 7, Greenhouse Gas Emissions; and 16, Transportation and Traffic), and determined to be significant. However, implementation of the mitigation measures outlined above in these sections would reduce the project’s impacts to less-than-significant levels. Therefore, the project’s contributions would be less than cumulatively considerable (less than significant). Scenario 2. The second scenario for office-only development would entail partial replacement of approximately 109,000 s.f. of existing office space with 200,000 s.f. of new office space, while 141,000 2 The EIR for the 2020 General Plan (pages 4.12-33 and 4.12-40) determined that existing parks were adequate to meet existing and future (with General Plan growth) demand for recreational facilities, based on Quimby Act standards. 3 Because GHG emissions affect global climate change and criteria air pollutant emissions affect regional air quality (i.e., the San Francisco Bay Area Air Basin), evaluation of cumulative impacts is not based on adding emissions from all reasonably foreseeable projects (which would not be feasible on a global basis for GHGs or regional basis for criteria air pollutants). Therefore, the BAAQMD CEQA Guidelines establish individual project thresholds that determine whether the project would result in cumulatively considerable GHG and criteria air pollutant emissions. The project’s emissions are compared to these BAAQMD significance thresholds in Sections 3, Air Quality, and 7, Greenhouse Gas Emissions. MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 86 s.f. of existing office would remain on the site. This scenario would result in an overall increase of 91,000 s.f. of office space for a total of 341,000 s.f. on the site. As with Scenario 1, this development proposal would increase on-site office/R&D development; however, an increase of 91,000 s.f. of office space to the project site would be substantially less than the increase proposed under Scenario 1. Appropriate phasing of new office space under this scenario would also ensure that potential cumulative impacts remain less than significant. In addition, this scenario’s cumulative air quality, greenhouse gas, and traffic impacts are discussed above (see Sections 3, Air Quality; 7, Greenhouse Gas Emissions; and 16, Transportation and Traffic), and determined to be significant. However, implementation of the mitigation measures outlined above in these sections would reduce the project’s impacts to less-than-significant levels. Therefore, the project’s contribution to these cumulative impacts would be less than cumulatively considerable (less than significant). Scenario 3. Scenario 3 would involve the demolition of the office buildings on the project site and construction of 200,000 s.f. of office space on the northern part of the property; the net effect of this scenario would be the reduction of office space on the project by 50,000 s.f. The southern part of the project site would be developed with up to 516 multi-family units. The implementation of this project scenario would differ considerably from Scenarios 1 and 2. The introduction of residential land uses to a project site that has been historically used for light industrial/office purposes would significantly change the character of the site and the surrounding project area. The 2020 General Plan EIR evaluated proposed changes in land use designations for the community and included a specific assessment of growth potential for the Vasona Light Rail (VLR) area. The environmental analyses for the General Plan examined cumulative impacts for all issues under the assumption that the goals, policies, and actions would guide and direct land use changes in an organized and controlled manner. The General Plan assumptions also included definitive locations for residential land uses throughout the community and within the Vasona Light Rail area. Specifically, potential growth in residential and commercial uses were identified for the Vasona Light Rail area and specifically for the following sub-areas: Vasona Junction, Oka Road, North Forty, and East Los Gatos Boulevard. The proposed development and projected growth in the North Forty is the focus of a specific plan process for that area. While the project site is in the Vasona Light Rail area, the property is not included in the sub- areas considered for residential growth in the planning period of the 2020 General Plan and is not designated for future residential development. The development proposed under this scenario would decrease office/R&D space in Los Gatos by 50,000 s.f. and provide 516 new multi-family residential units. The land use designations of the General Plan assume that the town will add approximately 1,600 new housing units and 943,210 s.f. of retail, office, and industrial development. The principal locations for potential housing sites include the North Forty, the Oka Road/Lark Avenue area, Southbay Development, and the Los Gatos Courthouse site. The Scenario 3 development plan would contribute 516 residential units to the VLR area and focus housing growth in this part of Los Gatos. Together, the North Forty and Scenario 3 development could generate 1,266 housing units or approximately 79 percent of all of the 2020 General Plan-designated housing supply. Consequently, in conjunction with the buildout development indicated in the 2020 General Plan, Scenario 3 residential development could exceed the total residential development considered in the 2020 General Plan EIR and may result in significant cumulative impacts for land use, population, and public services and infrastructure. Based on project plans for Scenario 3, the proposed mixed-use development would be phased to ensure an orderly change in the level of uses on the project site. As required by the 2020 General Plan, all proposed development plans will be reviewed and evaluated to coordinate community growth in a manner that adheres to the goals of the General Plan. The Town’s development review process guides community MITIGATED NEGATIVE DECLARATION – 90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD APRIL, 2011 87 development in a manner that achieves the community’s goal of retaining a “small-town character,” provides adequate services and infrastructure, and manages overall growth. The adherence to the land use guidelines and objectives of the General Plan will ensure that potential cumulative effects of this project scenario on land use, population, public services, recreation, and infrastructure would be less than significant. In addition, this scenario’s cumulative air quality, greenhouse gas, and traffic impacts are discussed above (see Sections 3, Air Quality; 7, Greenhouse Gas Emissions; and 16, Transportation and Traffic), and determined to be significant. However, implementation of the mitigation measures outlined above in these sections would reduce the project’s impacts to less-than-significant levels. Therefore, the project’s contributions would be less than cumulatively considerable (less than significant). Scenario 4. This development scenario would entail demolition of all office buildings on the subject property and the construction of 200,000 s.f. of new office space on the northwestern portion of the site. Similar to Scenario 3, this development plan would reduce overall office space on the project site by 50,000 s.f.; the southern and eastern parts of the site would be developed with up to 600 senior housing units. The development proposed under this scenario would decrease office/R&D space in Los Gatos by 50,000 s.f. and provide 600 new senior residential units. The land use designations of the General Plan assume that the town will add approximately 1,600 new housing units and 943,210 s.f. of retail, office, and industrial development. The principal locations for potential housing sites include the North Forty, the Oka Road/Lark Avenue area, Southbay Development, and the Los Gatos Courthouse site. The Scenario 4 development plan would contribute 600 residential units to the VLR area and focus housing growth in this part of Los Gatos. Together, the North Forty and Scenario 4 development could generate 1,350 housing units or approximately 84 percent of all of the 2020 General Plan-designated housing supply. Consequently, in conjunction with the buildout development indicated in the 2020 General Plan, Scenario 4 residential development could exceed the total residential development considered in the 2020 General Plan EIR and may result in significant cumulative impacts for land use, population, and public services and infrastructure. Based on project plans for Scenario 4, the proposed mixed-use development would be phased to ensure an orderly change in the level of uses on the project site. As required by the 2020 General Plan, all proposed development plans will be reviewed and evaluated to coordinate community growth in a manner that adheres to the goals of the General Plan. The Town’s development review process guides community development in a manner that achieves the community’s goal of retaining a “small-town character,” provides adequate services and infrastructure, and manages overall growth. The adherence to the land use guidelines and objectives of the General Plan will ensure that potential cumulative effects of this project scenario on land use, population, public services, recreation, and infrastructure would be less than significant. In addition, this scenario’s cumulative air quality, greenhouse gas, and traffic impacts are discussed above (see Sections 3, Air Quality; 7, Greenhouse Gas Emissions; and 16, Transportation and Traffic), and determined to be significant. However, implementation of the mitigation measures outlined above in these sections would reduce the project’s impacts to less-than-significant levels. Therefore, the project’s contributions would be less than cumulatively considerable (less than significant). 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. Date Wendie R. Rooney, Director of Community Development