Attachment 1%\4 " TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
° GAS °S Meeting Date: July 13, 2011
PREPARED BY: Suzanne Davis, Senior Plamler
sdavis ,los atosea.gov
APPLICATION NO: Planned development Application PD -10 -001
Negative Declaration ND -10 -001
ITEM NO: 1
LOCATION: 135 Riviera Drive (accessed from Milbrae and Rushinore Lanes, off
Towne Terrace)
APPLICANT: Tim Steele
PROPERTY OWNER: Sobrato Interests IV
CONTACT: Tim Steele, The Sobrato Organization
APPLICATION
SUMMARY: Requesting approval of a Planned Development for renovation and
expansion of an existing apartment complex (Riviera Terrace) on
property zoned RM:12 -20. APNs 529-13-016,529-09-031, and 034.
DEEMED COMPLETE: June 7, 2011
FINAL DATE TO TAKE ACTION:
a. Final action on the Mitigated Negative Declaration (MND) is
required by CEQA Section 15107, within six months of the
application being deemed complete (December 7, 2011).
b. Rezoning applications are legislative acts and are therefore not
governed by the Permit Streamlining Act.
RECOMMENDATION: Forward a recommendation to the Town Council for approval of the
Mitigated Negative Declaration (MND), Mitigation Monitoring
Program (MMP) and Planned Development (PD).
PROJECT DATA: General Plan Designation: High Density Residential
Zoning Designation: RM:12 -20
Applicable Plans & Standards: Zoning Ordinance
General Plan
Parcel Size: 5.89 acres
Surrounding Area:
I Existi and n L
_ ....... ............................... g..................................,.........Use ............ ........................_:�.... General... Plan..... .. ........................1.... Zonin g..................
Nor .............. ..............._.................................................................................:,......._.............. ..........._.___._.............
East _ Los Gatos Creek & trail - _
.............................. ........................ ......................................................... ._...;......................... ,........__.._ ................
South j Multi- family residential I High „Density Res. j RM .12 -20
West Multi- family r esidential ;High Density Res RM:12 -20
Planning Commission Staff Report - Page 2
135 Riviera Drive /PD -10 -001 ND -10 -001
July 13, 2011
CEQA: It has been determined that this project will not have a significant
impact on the environment and a Mitigated Negative Declaration is
recommended.
FINDINGS: ■ The Planning Commission must make a finding that the zone
change is consistent with the General Plan if the recommendation
is for approval.
W The Planning Commission must make findings as required by the
Town's Traffic Policy for community benefit.
ACTION: a. Forward a recommendation to Town Council for approval of the
MND and Mitigation Monitoring Program.
b. Forward a recommendation to the Town Council for strong
approval of the Planned Development.
EXHIBITS: 1
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12,
BACKGROUND
Location map
Mitigated Negative Declaration
Errata Sheet to MND (3 pages)
Mitigation Monitoring Program (8 pages)
Response to SCVWD comments (7 pages)
Required findings
January 13, 2010, CDAC Minutes (2 pages)
Consulting Architect's report (7 pages), received April 27, 2010
Parking comparison table
Applicant's letter (3 pages), received July 5, 2011
Traffic Impact Study dated May 10, 2010 (184 pages)
Draft Planned Development Ordinance (27 pages) with Rezoning
Exhibit and Conceptual Development Plans (36 sheets), received
June 7, 2011
The Riviera Terrace apartment complex was constructed in 1960. The complex includes 123
apartments (21 two- bedroom and 102 one - bedroom units) in three, three -story buildings, surface
parking, a pool and open space area. The zoning allows up to 20 units per acre: 118 units are
permitted based on the property size of 5.9 acres. The existing complex size of 123 units
exceeds this maximum density by four units.
The applicant has owned the property since 2001. A proposal to expand the apartment complex
was considered by the Conceptual Development Advisory Committee (CDAC) on January 13,
2010 (see Exhibit 7). At that time the proposal was to add 56 units. As plans were refined, the
number of new units was reduced to 50.
Planning Commission Staff Report - Page 3
135 Riviera Drive /PD -10 -001. ND -10 -001
July 13, 2011
PROJECT DESCRIPTION
A. Location and Surrounding Neighborhood
The area generally bound by Roberts Road, Highway 17 and one block in from both
Chester Street and University Avenue is the largest of four High Density Residential
zones in Town. The project site is the largest property within this area. The site is
located at 135 Riviera Drive, and is accessed from Rushmore and Milbrae Lanes, off
Towne Terrace. Riviera Drive is the private on -site access road. Surrounding properties
to the south and west are developed with high density apartment complexes. To the north
is a mix of single and multi- family residences. Los Gatos Creek and trail are located to
the east, with Highway 17 beyond (see Exhibit 1).
B. Planned Development
A Planned Development (PD) application has been filed because the General Plan
encourages projects on sites larger than 40,000 square feet to be a processed as a PD.
The PD process also allows for consideration of a variety of uses, than would otherwise
be permitted by the underlying zoning.
The purpose of a PD overlay zone is to provide for alternative uses and developments
more consistent with site characteristics than are allowed in other zones, to create
optimum quantity and use of open space, and to encourage good design. A PD is
required to include only conceptual development plans; however, the applicant has
developed detailed plans to demonstrate the merits of the project and the quality of the
design. The Planning Commission's recommendation on the PD will be forwarded to the
Town Council for final action.
C. Architecture and Site Approval
If the PD is approved, an Architecture and Site (A &S) application is required for the
proposed apartment buildings and site amenities. The PD Ordinance includes the
provision that the Development Review Committee may be the deciding body for the
A &S application.
D. Zoning Compliance
The proposal complies with the Zoning Ordinance with the exception. of the proposed 35
foot building height (30 feet is allowed by Code) and reduced roadway width for Riviera
Terrace, the private street that provides internal access only. The roadway width is an
existing condition and is not being modified by the proposed project.
Planning Commission Staff Report - Page 4
135 Riviera Drive /PD -10 -001 ND -10 -001
July 13, 2011
ANALYSIS:
A. Conceptual Development Advisory Committee
Key comments made at the January 13, 2010, CDAC meeting are as follows (staff
comments are in italics):
Blend the architecture; the interface between old and new buildings is
important.
The new buildings were designed in a modern style to complement but not
replicate the architecture of the existing buildings.
Architectural details and character are needed /break up the buildings.
Staff and the Consulting architect will continue to work with the applicant and
project architect on entry details and breaking up linear stairways during the
Architecture and Site process. Refer to the Architecture and Site section on the
next page of this report.
BMP units are a highly desirable component of the plan.
A total of 26 BMP units are included in the proposal; 25 are low income units
and one is a moderate income unit. See the discussion on the BMP units later in
this report.
Stepping of the buildings is desirable.
The new buildings step down from the existing and are lower in. height than the
existing buildings.
Retain the open space feel that currently exists.
Mature trees that are in good condition will be retained and incorporated into
the new landscape design. New planting will be done throughout the site. Refer
to sheets L1 and L2 of the conceptual development plans. A comprehensive
landscape plan will be reviewed with the Architecture and Site application.
On -site parking needs to be adequate to accommodate the project.
The number of parking spaces and the parking ratio will be increased with the
proposed project; see the parking section later in this report.
Traffic is a concern and needs to be addressed.
A traffic report was prepared for the project, The project will generate 26 AM
peak period trips and 31 PM peak period trips. The Mitigated Negative
Planning Commission Staff Report - Page 5
135 Riviera Drive /PD -10 -001, ND -10 -001
July 13, 2011
Declaration (MND) includes a detailed discussion on traffic. Also refer to the
traffic section later in this report.
• Preserve Los Gatos Creek.
Proposed development will not be located any closer to the creek than the
existing pavement. No work is proposed within the creek channel or between
the channel and top of bank. No structures will be located within the Santa
Clara Valley Water District (SCVWD) easement.
• Consider the impact to Los Gatos Schools.
The environmental documents were forwarded to the Los Gatos school district.
No comments were received.
• Noise needs to be addressed.
A noise report was prepared. The AND includes mitigation measure for noise
to ensure that interior noise levels comply with Town Code. Mitigation
measures are included as performance standards in the PD Ordinance.
A. Architecture and Site
The applicant is proposing to add 50 apartments to the property. Four new apartment
buildings will be added that step down with the terrain. The site drops about 30 feet
moving from west to east, with the existing buildings situated at a higher elevation that
the area where the new buildings are proposed. The new buildings are also lower in
height than the existing buildings, which provide a stepped appearance.
A leasing center will be included in building 1 and a fitness center will be included in
building 3 (buildings 5, 6, and 7 are existing). At 35 feet the new apartment buildings
will be significantly lower in height than the existing buildings which are over 50 feet
high. The existing apartment buildings are very linear and of a non- descript style. The
Consulting Architect commented that other apartment complexes in the vicinity also have
a lack of architectural distinctiveness. A modern architectural style is proposed for the
new buildings so they will have more character, and will be compatible while not
replicating the existing buildings. Staff and the Consulting Architect believe the
proposed architectural style is appropriate for the site and conditions.
The architectural plans are very detailed for a PD application. The applicant worked
collaboratively with staff and the Town's Consulting Architect to address comments and
refine the design as the project progressed. A concept that includes. planters and trellis
elements will be used to break up the stairs and provide more inviting entries to the new
apartments. Staff and the Consulting Architect will continue to work with the applicant
Planning Commission Staff Report - Page 6
135 Riviera Drive /PD -10 -001 ND -10 -001
July 13, 2011
and project architect on the final design details, particularly the apartment entries and
stairways and finish materials, during the A &S. application review (performance standard
#3).
The proposed buildings will be lower in elevation than the existing on -site buildings, but
higher than apartment buildings located to the south and west. Existing Buildings 5 and 6
(near the southern boundary) are already taller than the adjacent apartment building to the
south, and proposed Buildings 1 and 2 will be taller than the two existing apartment
buildings located to the south. Building 3 will be located on the eastern margin of the
property; no existing apartment building is located contiguous to this portion of the site.
An exception to the Story Pole Policy was granted for this application because the site
includes 123 occupied apartment units and poles would be potentially unsafe to tenants
and guests. The location of the four new buildings is within active recreation and parking
areas. To assist the staff, the Commission and surrounding residents in understanding
how the new buildings will fit into the site, the applicant has submitted aerial photos
showing existing and proposed conditions, colored elevations and landscape plan, and
photos of existing conditions.
B. Below Market Price Units
There are currently no affordable units in the complex as the Below Market Price (BMP)
program was established after the apartments were built. The applicant is proposing to
convert 25 existing apartments to BMP units, and to provide an additional BMP unit in
one of the new buildings for a total of 26 affordable units. The following table provides
existing and proposed unit and density data.
*excludes BMP units
The reason for .providing most of the BMP units within the existing buildings is to
provide rental units to low income individuals and families (households at 60% or less of
Santa Clara County median income). Due to construction costs, the BMP unit that is
located in the new buildings will be moderate income (80 to 120% of County median
income). Most of the existing BMP units in the Town inventory are moderate income
units. Staff believes the proposal to locate most of the affordable units in the existing
buildings is supported by the provision of low income rental units. State mandated low
Existing Com lex
Proposed Units
Combined Total
Apartment units
123
50
173
BMP units
0
26
26
One bedroom units
102
2
Two bedroom units
21
47
Density*
20.8
-
244.. 9
*excludes BMP units
The reason for .providing most of the BMP units within the existing buildings is to
provide rental units to low income individuals and families (households at 60% or less of
Santa Clara County median income). Due to construction costs, the BMP unit that is
located in the new buildings will be moderate income (80 to 120% of County median
income). Most of the existing BMP units in the Town inventory are moderate income
units. Staff believes the proposal to locate most of the affordable units in the existing
buildings is supported by the provision of low income rental units. State mandated low
Planning Commission Staff Report - Page 7
135 Riviera Drive /PD -10 -001, ND -10 -001
July 13, 2011
and very low income unit housing requirements are the most difficult to achieve. The 25
low income BMP units will be distributed within the existing 123 units. The BMP units
are not intended to be concentrated in any particular location. The amenities and interior
of the BMP units will be identical to that of the market rate units, and the affordable units
will not be discernable from any other unit in'the complex.
A phasing plan will be required to address how existing apartments will be converted
from market rate to BMP units as well as the timing of the conversion. Performance
standard #5 requires the applicant to submit a Market and BMP Management Plan that
will be reviewed and approved by the Director of Community Development and Town
Attorney prior to issuance of any building permits. In addition, the applicant will enter
into a BMP Agreement with the Town.
C. Neighborhood Compatibility
Surrounding properties to the west and south are developed with apartment complexes.
To the north are apartments, single - family homes and open space. A. segment of Los
Gatos Creek is located at the east end of the site. The Los Gatos creek trail runs along the
east side of the creek, with Highway 17 beyond.
Most of the area surrounding the existing apartment complex is developed with apartment
complexes with densities ranging from eight to 31 units per acre. There are also some
single family homes on .the north side of the site (see sheet C1.3 of the development
plans). Two bordering apartment complexes are developed at 28 and 31 units per acre.
D. Density
State law requires that when a project applicant requests a density increase over the
otherwise maximum allowable residential density under the applicable zoning ( "density
bonus ") a local agency shall allow the requested densities and provide the applicant with
incentives or concessions. Density bonus is calculated based on the maximum number of
units allowed by the General Plan and zoning. In this case, 118 units are allowed based
on the maximum of 20 units per acre as specified by the zoning and General Plan land
use designations. The applicant has agreed to provide 20% of the existing units as low
income units (20% of 118 existing units = 24 units).. Under State law the applicant is
allowed a 35% density bonus (118 x 35%o = 159 units). While the density bonus
calculation allows up to 183 units total (159 units + 24 units), the application is
requesting approval of 173 units. Staff has determined that the proposed density would
conform to the adopted 2020 General Plan when the State Density Bonus Law (Section
65915(d)) is applied. A higher number of affordable units will be provided in the project
than the BMP ordinance requires (8 BMP units would be required based on 50 new
units).
Planning Commission Staff Report - Page 8
135 Riviera Drive /PD -10 -001 ND -10 -001
July 13, 2011
E. Parkin
The Town Code requires provisions of one and one -half spaces per unit for multiple -unit
dwellings (185 spaces based on 123 units), plus one space per unit for guest parking. The
apartment complex has a total of 164 existing parking spaces (62 covered by carport
structures and 102 open, uncovered spaces). The complex is nonconforming as it does
not meet the oil -site parking requirement for the apartments, and it has no guest parking.
The proposed project will add 59 covered and 38 uncovered parking spaces, resulting in a
total of 261 on -site spaces (121 covered and 140 uncovered). Based on the proposed
project total of 173 units, 260 spaces are required. The project includes 261 spaces,
which will meet Town parking requirements for the apartments. Regarding guest
parking, the Code states that one space per unit should be provided unless the Planning
Commission makes a finding that more or less visitor is necessary based on the size or
type of housing units. In this case, it is not necessary for the Commission to make a
finding in support of a reduction in parking since 'parking is a concession that is being
made relative to the State Density Bonus law as discussed below.
The table below provides a breakdown of the existing and proposed parking.
State Density Bonus law allows the applicant to request concessions to Town
development standards. The request with the proposed project is to allow less than the
total required number of on -site parking spaces. The Town does not have the discretion
to disallow the proposed project based on a parking deficiency. The applicant has
provided data on other large apartment complexes with similar characteristics, including
the Aventino project at 200 Winchester Circle (see Exhibit 10) in support of the proposed
parking ratio. The proposed ratio of 1.5:1 is similar to the projects that were surveyed.
The Riviera Terrace complex is not currently experiencing parking problems with the
existing ratio of 1.33 :1 and an occupancy rate just under 100% (the complex is typically
full with some cycling of residents in and out at any given time). The proposed project
will improve the parking ratio and is anticipated to operate and function in the same
manner, without impacting street parking in the surrounding neighborhood.
Existing
Proposed
Total Project
Parking spaces
164
97
261
Covered spaces
62
59
121
Uncovered spaces
102
38
140
Parking ratio
1.33:1
1.94:1
1.5:1
State Density Bonus law allows the applicant to request concessions to Town
development standards. The request with the proposed project is to allow less than the
total required number of on -site parking spaces. The Town does not have the discretion
to disallow the proposed project based on a parking deficiency. The applicant has
provided data on other large apartment complexes with similar characteristics, including
the Aventino project at 200 Winchester Circle (see Exhibit 10) in support of the proposed
parking ratio. The proposed ratio of 1.5:1 is similar to the projects that were surveyed.
The Riviera Terrace complex is not currently experiencing parking problems with the
existing ratio of 1.33 :1 and an occupancy rate just under 100% (the complex is typically
full with some cycling of residents in and out at any given time). The proposed project
will improve the parking ratio and is anticipated to operate and function in the same
manner, without impacting street parking in the surrounding neighborhood.
!r r'
Planning Commission Staff Report - Page 9
135 Riviera Drive /PD -10 -001, ND -10 -001
July 13, 2011
F. Green Building
The project was reviewed using the Build It Green standards adopted by the Town
Council on June 2, 2008. A preliminary checklist completed by the applicant show the
new buildings will exceed the minimum number of points (50) needed to achieve green
building certification with a score of 80. PD performance standard #6 requires the
project to be certified as green using the GreenPoint checklist.
G. Traffic
A traffic impact analysis was conducted by the Town's Traffic Consultant, TJKM. Based
on the estimated trip generation for the proposed use (50 apartments), the project will
generate approximately 333 average daily trips, with 26 AM peals period trips and 31 PM
peak period trips. All intersections in the area of the project are expected to continue
operating at essentially the same level of service during the AM and PM peaks. TJKM
also concluded that the there is sufficient roadway capacity on Towne Terrace and
University Avenue to accommodate proposed project trips.
H. Project Drainage and Water Quality Treatment
The project plans incorporated upgrades to the onsite drainage systems. These
improvements include water treatment features including new biotreatment facilities,
permeable pavers and mechanical storm filters. The project will also be installing new
pipe and inlet systems to more effectively pick up surface drainage and meter the flows to
the existing outfalls. The proposed improvements will comply with all requirements of
the Town's NPDES Permit Provision C.3
I. Trees and Landscaping
The Town's Consulting Arborist, Arbor Resources, reviewed the plans and prepared an
arborist report. The project arborist and design team worked directly with the Consulting
Arborist to address his recommendations for preservation of trees on surrounding
properties as well as the large specimen trees that are being retained.
The project includes a comprehensive approach to landscaping that will result in the
upgrade and enhancement of the entire site. A total of 68 trees that are not in good
condition and /or conflict with the proposed development will be removed as part of the
project. Replacement trees will be required based on the canopy replacement table in the
Tree Protection Ordinance. Large specimen trees, including Oak and Sycamore, have
been incorporated into the new landscape scheme. Existing planted areas that are not
being developed will be augmented with new planting. Sheet C1.2 of the conceptual
development plans shows the new landscape areas in green. The preliminary landscape
Planning Commission Staff Report - Page 10
135 Riviera Drive /PD -10 -001 ND -10 -001
July 13, 2011
r
plan (sheet L -3) shows the landscape design concept. Final landscape plans will be
developed and reviewed as part of the A &S process.
J. Los Gatos Creek
Los Gatos Creek runs along the eastern end of the property. A riparian assessment was
prepared by Wood Biological Consulting as part of the environmental analysis. Much of
the vegetation along the section of the creek that is on the project site is non- native
species, and the creek banks have been altered with sack - crete and wall construction.
There is a lack of understory within the highly altered riparian edge, where lawn and
pavement have been installed. These improvements were made prior to the applicant
acquiring the property 10 years ago.
The proposed project will not expand the pavement beyond the existing chain link fence
that runs parallel to the creek, and no structures are proposed within the Santa Clara
Valley water District (SCVWD) maintenance easement. Construction is proposed within
the area designated as the edge of the riparian canopy, and there will be an increase in the
amount of impervious surface in this area. While the proposed project will eliminate the
buffer between the existing apartments and the creek, it will not expand facilities beyond
the area that is already in active use (including recreation and parking).
The conclusion of the riparian study is that the proposed encroachment on the riparian
canopy is unlikely to result in significant adverse effects on biological resources or the
creels environment. The Initial Study and Mitigated negative declaration were reviewed
by SCVWD and a response to comments received from that agency has been prepared
(see Exhibit 5).
K. School Impact
The project site is within the Los Gatos Union School District (LGUSD) and the Los
Gatos - Saratoga Joint Union High School District (LGSJUHSD). Resident school -age
children will be eligible to attend Daves Avenue Elementary, Fisher Middle School and
Los Gatos High School, The 2020 General Plan and Environmental Impact Report
established the student generation rates. These rates were calculated in 2010, largely
based on the actual school district enrolment data, and both school districts were in
agreement with the methodology used to determine the generation rates. The student
generation rates for the two types of residential units are as follows:
Dwelling Type
Grades K -5
6 -8
Apartments
0.086
0.041
0.075
Below Market Price Units
0.182
0.048
0.076
i
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13 5 Riviera Drive /PD -10 -001, ND -10 -001
July 13, 2011
Based on the above noted generation rates, the 50 new apartments and conversion of 25
existing apartments to BMP units would generate approximately nine students to LGUSD
and four to LGSJUHSD. Calculations took into account the proposed conversion of 25
market rate apartments to BMP units.
The 2009 -2010 enrollment numbers for the Los Gatos school districts show three
elementary school students, one middle school student and five high school students
living in the Riviera Terrace complex. One possible explanation for these numbers being
lower than the generation rates is all of the existing apartments are one and two bedroom
units, with a high percentage of one bedroom units (83 %). The 50 new apartments will
have 26 two bedroom and 24 one bedroom units. This will lower the percentage of one
bedroom units in the complex to about 73 %.
The project would be subject to the school districts' residential rate of $2.97 per square
foot (or rates in effect at time of issuance of building permits).
L. General Plan Conformance
The proposed project is supported by the 2007 -2014 Housing Element as follows:
Goal HOU -1: Provide a choice of housing opportunities for all economic segments of the
community through a variety of housing types and sizes, including a mixture of
ownership and rental housing.
Action HOU -1.1: Below Market Price (BMP) Program: Continue to implement the BMP
Program in order to increase the number of affordable units in the community. Continue
the policy that BMP units are not counted toward the maximum density allowed on a site.
Action HOU -1.3: Density Bonus: Continue to provide up to a 100% density bonus for
developments that include housing for elderly, handicapped and /or very low and low
income households.
The project is supported by the following 2020 General Plan goals and policies:
Policy LU -1.4: Infill projects shall be designed in context with the neighborhood and
surrounding zoning with respect to the existing scale and character of surrounding
structures, and should blend rather than compete with the established character of the
area.
Goal CD -1: Preserve and enhance Los Gatos's character through exceptional community
design.
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July 13, 2011
Policy CD -1.3: - Buildings, landscapes and hardscapes shall follow the natural contours of
the property.
Policy CD -1.4:, Development on all elevations shall be of high quality design and
construction, a positive addition to the Town's ambiance.
Goal CD -2: To limit the intensity of development to a level that is consistent with
surrounding development and with the Town at large.
Policy CD -3.4: Encourage the use of landscaping such as trees, shrubs, and trellised
vines to mitigate the effects of building mass, lower noise and reduce heat generation.
Policy CD -7.2: Multi- family residential developments shall include common open space
suitable for group gathering.
L. Town and Community Benefit
Projects that generate additional traffic of five or more peal-, hour trips may only be
recommended for approval if the project's benefits to the community override the traffic
impacts as determined by specific sections of the General Plan and /or any Specific Plan.
If a project generates additional traffic of five or more peak hour trips the burden is on
the applicant to cite economic or housing benefits to the Town and /or specific sections of
the General Plan and any applicable Specific Plan that demonstrate the project's benefit
to the Community which outweighs the traffic impact. The deciding body must snake
specific findings which demonstrate that the benefit(s) of the project outweigh the impact
in order to approve the project. The applicant is offering the following community
benefits with the proposed project:
Provision of 26 BMP units (25 low income households and 1 moderate income);
8 affordable units would be required by the BMP ordinance.
Replacing the pool and adding a spa
Providing a fitness facility
• Providing a leasing office and resident lounge
• Improving the on -site parking ratio
S Replacing and adding carports
® Replacing segments of parking lot with permeable pavers to improve filtration
and drainage
e Replacing on -site sidewalks and impermeable areas with new sidewalks and
permeable landscape features
Planting new landscaping throughout the site
0 Preserving tile mosaics on existing buildings
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Some of the benefits cited by the applicant are site specific and not benefits to the
community as a whole, other than providing an upgraded housing opportunity and a more
aesthetically pleasing development and site for residents and visitors to the complex and
surrounding properties. However, addition of 26 affordable units (18 more than required
by Code) to the complex and to the Town's BMP inventory is a significant offering. In
addition, 25 of the BMP apartments will be low income units.
M. CEQA Determination
An Initial Study and Mitigated Negative Declaration (MND) - were prepared for the
proposed project by Geier & Geier Consulting, the Town's Environmental Consultant.
As part of the 30-day public review, the MND was circulated to State Agencies through
the State Clearinghouse, including the Department of Fish & Game, Regional Water
Quality Control Board, Department of Water Resources, Caltrans, Office of Historic
Preservation and the Native American Heritage Commission. The 30 -day public review
period ended on April 6, 2011. Written comments were received from PG &E and Santa
Clara Valley Water District ( SCVWD). The PG &E comments were relative to service to
the site. A response to SCVWD comments is attached as Exhibit 5. Exhibit 4 is the
Mitigation Monitoring Plan that includes all mitigation measures for the project. These
mitigations have been incorporated into the performance standards in the PD Ordinance
(Exhibit 7).
Following completion and review of the MND, new information released by the Bay
Area Air Quality Management District (BAAQMD) resulted in revisions being made to
the Air Quality section of the report. An errata sheet was prepared showing the changes
to the section (see Exhibit 3).
PUBLIC COMMENTS
Written notice was sent to property owners and tenants within 300 feet of the property. The
applicant sent letters to apartment residents and posted signs announcing the proposed project at
the Rushmore Lane and Milbrae Lane entrances to the complex. Staff has not been contacted by
any residents or property owners regarding the project at the time this report was prepared.
CONCLUSION AND RECOMMENDATION
A. Conclusion
The applicant is providing 26 affordable units and the proposed 173 -unit project does not
exceed the 183 unit limit. All but one of the affordable units will be available to low
income households. Although the proposed density would exceed the maximum
allowable density of 20 units per acre, the addition of 50 units is considered consistent
Planning Commission Staff Report - Page 14
13 5 Riviera Drive /PD -10 -001 ND -10 -001
July 13, 2011
with the land use designation when State Density Bonus Law is applied to the project as
requested by the applicant.
The applicant has presented detailed plans to demonstrate the merits of the proposed
project, including high quality architecture and construction, extensive landscaping and
adding desirable amenities to provide a better quality of life for residents of the Riviera
Terrace apartment complex. The project will provide quality rental housing to the
community housing stock which is consistent with the goals of the 2010 draft Housing
Element. The new buildings will step with the terrain and will be much lower than the
existing buildings. The upgrades to .the site and quality of the design will enhance the
property and retain compatibility with the neighborhood. Mitigation measures have been
included to ensure that. the project will not result in any significant environmental
impacts. Staff recommends that the Planning Commission forward a recommendation for
approval to the Town Council as outlined in the recommendation section below.
B. Recommendation
The Planning Commission should take the following actions to forward the Planned
Development application to the Town Council with a recommendation for approval:
1. Make the required findings (see Exhibit 6);
2. Recommend that the Town Council make the Mitigated Negative Declaration
(Exhibit 5) and adopt the Mitigation Monitoring Plan (Exhibit 4); and
3. Recommend that the Town Council adopt the Planned Development Ordinance
(Exhibit 7) and approve the project as proposed.
Prepared by:
?Appr e b y: Suzanne Davis, AICP ie R. R ley
Senior Planner Director of Community Developmen
WRR: SD: ct
cc: Tim Steele, The Sobrato Organization, 10600 N. DeAnza Blvd., Ste. 200, Cupertino, CA 95014
N:\DEV\PC REPORTS\2011\Riviera135- PD- 071311.doc
135 Riviera Drive
EXHIBIT 1
This Page
Intentionally
Left Blank
NOTICE
i ,
Town of Los Gatos
Environmental Impact Review
Mitigated Negative Declaration
_....._. Lead. - Agency:- ._... ---------- Tow n -of Los- Gatos - - - -- - - - -- -.. _- ......_...__... -- --
Community Development Department
110 East Main Street
Los Gatos, CA 95031
Project Title and
Location: Riviera Terrace Apartments
Planned Development Application PD -10 -001
Negative Declaration ND -10 -001
R
FEB 28 '2`011
TOWN OF LOS GATOS
PLANNING DIVISION
Project Description: The 5.889 -acre project site consists of two parcels (APN 529 -13- 016,•529 -09 -027,
529 -09 -031, and 529 -09 -034. The project applicant is requesting a rezoning from "R- M:12 -20" to "R-
K12- 20:PD." Approval of the proposed rezoning would allow construction of 50 additional apartments
on the project site. In addition, project implementation would convert 25 existing apartments on the site to
Below Market Price (BMP) units, while one of the 50 new apartments would be a BMP unit: The "PD"
zoning designation would allow for reduced road widths and setbacks as well as building heights in
excess of height limits. Proposed buildings would have maximum heights of 35 feet, but the height limit
is 30 feet (35 feet is allowed if residential units are proposed over parking). Otherwise, standard
requirements under the R- M:12 -20 zone would be met (e.g., minimum yards, allowable density,
maximum lot coverage, and parking).
The project site is currently developed with 123 apartment units, off - street parking, open space, and pool
facility. Project implementation would result in the creation of 50 new apartment units, off - street parking,
leasing center, and fitness center. The existing pool facility is located in the southeast corner of the site
and would be relocated to the center of the site in order to accommodate the proposed buildings. The 50
new apartments would be developed in four, three -story buildings as follows:
Unit Types
Proposed Gross Square Total 1 Bedroom (1 -BD) 2 Bedroom (2 -BD) 2 Bedroom (2 -BD)
Building Feet Units (654 s.f.) (1,246 sJ
Building 1 13,626 s.f. 15 (1,283 s.f.)
7 8 0
Building 2 14,240 s.f. 16 8 8 0
Building 3 9,537 s.f, 7 3 3 1
Building 4 10,680 s.f. 12 6 6 0
Leasing Center 1,884 s.f. -- --
Fitness Center 1,319 s.f.
The proposed site plan showing locations of existing and proposed buildings, parking, open space, and
recreational facilities is included in Attachment 1 of the Initial Study. A breakdown of the proposed
increase in areal extent density and floor area ratio (FAR) of existing and proposed development is
summarized as follows:
FEBRUARY, 2011
EXHIBIT 2
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
Proposed U se Existing Development Proposed Development Com bined Development
123 50 173
Unit Count.._.._ .
Building Coverage
Private Open Space
Parking and Drives
Total Coverage
Common Open Space
Parking
Parking Ratio
Project Density
FAR
(1.02.1- BD;_21 _2 -BD)
33,807 s.f. (13 %)
4,094 s.f. (2 %)
61,485 s.f. (24 %)
99,386 s.f. (39 %)
157,132 s.f. (61 %)
164 spaces
(62 covered; 102 open)
1.33 to 1
20.9 units per acre
0,437
.(24.1- BD;,26.2 -BD)
(126,1-BD; 47 2 -BD)
16,909 , s.f. (6.6 %)
50,716 s.f. (19.8%)
2,821 s.f. (1.1 %)
6,915 s.f. (2.7 %)
17,798 sl (6.92/o
79,283 s.f. (31.0 %)
37,528 s.f. (14.6 %)
136,914 sJ. (53.5 %)
119,604 s.f. (46.6 %)
97 spaces
261 spaces
(59 covered; 38 open)
(121 covered; 140 .open)
1.94 to 1
1.5 to 1.
29.37 units per acre
0.625
Access to the site is currently provided by Rushmore Lane and Millbrae Lane. These two streets terminate
at the southern project boundary, where they intersect with Riviera Drive. This drive extends along the
entire southern project boundary and provides access to covered carport spaces on the north side of this
drive as well as open (uncovered) perpendicular and diagonal spaces on the south side. Riviera Drive also
provides access to covered spaces and an unpaved informal parking area west of existing buildings, while
open parking spaces are located east of existing, facilities, near the eastern project boundary. Project
implementation would reconfigure and expand parking facilities, providing a combination of covered
carport spaces and open parking spaces (using both asphalt paving or permeable pavers) along the site's
western and southern project boundaries as well as in the eastern margin of the site. Most parking spaces
located adjacent to existing apartment buildings to the south would be redeveloped as covered carport
spaces.
Trash dumpsters are currently stored in the open adjacent to the northwest project boundary, just west of
existing buildings. The project would develop two trash enclosures: one in the northwest corner of the site
where existing dumpsters are currently stored and a second near the southeast project boundary.
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 would involve construction of four three - story, apartment buildings with a
maximum height of 35 feet above the existing grade. These four buildings would be added on the
southeastern portion of the site. There are four two -story apartment buildings located adjacent to the site's
southern boundary and one two -story apartment building located adjacent to the western site boundary.
There are five homes located adjacent to the site's northern boundary, and some of these homes have two
stories. The existing apartment buildings on the project site are. close to four stories along the southern
and eastern boundaries, although these buildings have three levels of apartments.
FEBRUARY, 2011 2
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
The proposed buildings would be lower in elevation than existing on -site apartment buildings, but higher
than apartment buildings located south and west of the site. However, existing on -site Buildings 5 and 6
(near the southern boundary) are already taller than the adjacent apartment building to the south, and
similarly, proposed Buildings 1 and 2 would be taller than the two existing apartment buildings that
would be Iocated to the south of those buildings. Building 3 would be located on the eastern margin of the
site and there is no existing apartment building located contiguous to this portion of the site. While views
from the rear windows of existing apartments to the south would change, this would not constitute a
significant visual impact since the project would not adversely affect any scenic vistas to the north from
----- --- __._these_apartments._In.. addition,_: the._ project_ would_ not. substantiall .y_.degrade._the_existing: visual character- -as ....._.._.......
viewed from these apartments. Existing views from these apartments would change from views of mature
landscape trees and the existing four -story apartment buildings on the project site to views of three -story
apartment buildings and landscaping; the primary change being that the proposed buildings would be
located much closer than existing apartments. Still, the project's parking lot would separate the on -site
apartment buildings from existing adjacent apartments to the south and landscape trees proposed along
the southern project boundary, within the parking lot, and south of the proposed buildings would
eventually help to filter views between existing apartment buildings to the south and proposed
apartments.
Project implementation would include paving the dirt parking area on the western margin of the project
site (currently used informally for parking) and removing all existing trees in this area to accommodate
the proposed parking lot. Such tree removal would substantially alter views of the site from the apartment
building to the west. Landscape trees are proposed to be planted along the western site boundary and
throughout the existing and proposed parking lots on the western portion of the property. Such tree
plantings would eventually screen views of the existing apartment buildings and existing /proposed
parking lots, which would reduce this impact to a less- than - significant level.
The project site is located west of Los Gatos Creek and the Highway 17 freeway. Because the freeway
and Los Gatos Creek Trail are located across (east of) the creek, there is a 75- to 100 -foot wide, densely -
vegetated riparian zone that screens views of the site from the freeway and Los Gatos Creek Trail. There
is, however, one section of the trail where it is suspended above the creek adjacent to the freeway sound
wall, and views of the site are available from this location. Although views of proposed buildings would
be available from this section of the trail, proposed planting of riparian trees or shrubs along the eastern
site boundary (on the west side of the riparian zone) would eventually obscure or screen these views.
Existing riparian vegetation, which would remain unchanged, would screen views of the proposed pro
from most of the trail. The riparian vegetation along with the freeway noise wall would interrupt any
possible views of the proposed project from the freeway. Therefore, the project would not significantly
alter views from the Los Gatos Creek Trail or Highway 17 freeway.
The proposed project would include exterior light fixtures on proposed buildings and in parking lots,
which are located along the site's western and southern perimeters. Although existing apartment
buildings already have some exterior lighting, exterior lighting would increase with the proposed addition
of four buildings on the site. Proposed Iighting will be specifically reviewed as part of Architecture and
Site review. To help maintain privacy at adjacent residences and reduce the potential for disturbance due
to nighttime lighting, final project 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).
2. Agriculture Resources: The project site is currently developed with apartments, parking, drives, pool
facility, and common open space. The site's agricultural potential is low due to existing on -site residential
FEBRUARY, 2011
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
development as well as surrounding residential development. There are no existing agricultural x
uses /operations at or near the site.
3. Air Quality: The San Francisco Bay Area Air Basin is classified by the Bay.Area Air Quality
Management Distnct (BAAQMD) as non _ attainment for ozone and inhalable particulates .(PM To
addre'ss'tese exceedances; the BAAQMD, m cooperation with the MTC and ABAG, prepared the Bay
Area 2005 Ozone Strategy (BADS) in Septe nbOr 2005 and Particulate Matter Implementation Schedule
(PMTS) in November 2005, The PMIS'discusses liowv 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 BAGS. 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 coritarns 55 control measures designed to improve air quality, protect public
health and reduce combustion - `related GHG emissions.. The broader scope of the CAP allgyvs for.the
inclusion of 'a wide affray of BAAQMD initiatives (climate protection, wood smoke abatement, air toxics,
F'.. ..,..; i
etc.) into the`pl`anning process rattier than focusing on ozone alone.
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 General Plan. Since the. CAP is
based on population projections of the Association of Bay Area Governments (ABAG) that are based on
the Town's General Plan in effect at the time the CAP was approved, consistency of the project with the
General Plan would indicate consistency with the CAP. Although the proposed density would exceed the
maximum density allowed under the site's General Plan designation, the project's projected population
growth would be consistent with ABAG's 2009 population projections, and therefore; the project would
be consistent with the CAP (see Section 13, Population and Housing, for more discussion).
Construction Impacts The project's construction- related air pollutant emissions would result from
grading and construction activities at the site. The recently adopted 2010 BAAQMD CEQA Guidelines
outline screening criteria, and consider a project's construction- related impact to be less than significant if
it meets the screening level size, incorporates all Basic Construction Mitigation Measurs, and does not
include demolition, simultaneous occurrence of more than two construction phases, simultaneous
construction of more than one land use type, extensive site preparation, or extensive.material transport
(more than 10,000 cy import/export). Since proposed apartments would be located on a portion of the site
that is mostly undeveloped, the project would meet these criteria' and therefore, the project's
construction- related air quality impacts would be less than significant, provided the following BAAQMD
recommended construction- related mitigation measures are implemented during project construction.
These measures are included as follows:
MITIGATION MEASURE 1: To limit the project's construction- related dust, criteria pollutant, and
precursor emissions, the following BAAQMD- recommended Basic Construction Mitigation
Measures shall be implemented:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved
access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered.
' The project would involve very limited demolition of a pool shed, two pools, and concrete around the pools. Based on past
experience with other construction projects, construction emissions associated such limited demolition in combination with
project development is not expected to trigger the BAAQMD significance thresholds due to the small size of the project.
FEBRUARY,201 4
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
c. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power
vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. . All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are
used.
.. ........ _.._.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing
the maximum idling time to 5 minutes (as required by the California airborne 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. A publicly visible sign with the telephone number and person to contact at the Lead Agency
regarding dust complaints shall be posted at the site. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be visible to
ensure compliance with applicable regulations.
MITIGATION MONITORING: The Building Division of the Community Development Department will
be responsible for ensuring that all measures are properly implemented during construction.
Operat Impacts Air pollutant emissions associated with operation of the project would result
primarily from project - related traffic (mobile sources). Long -term increases in vehicular traffic due to
project implementation would have the potential to increase air pollutant emissions both on a local
(micro- scale) and regional basis. Under the 2010 BAAQMD CEQA Guidelines, the project's size falls
below screening criteria for operational criteria pollutant emissions, and therefore, the project's
operational air pollutant emissions would not exceed the BAAQMD significance thresholds for criteria
pollutants, a less- than - signifi cant impact.
Community Risks and Hazards The proposed project would locate new residential receptors as close as
175 feet from the Highway 17 freeway. For any project that involves siting a new receptor, the 2010
BAAQMD CEQA Guidelines require assessment of community risks and hazards by identifying all major
emissions sources located within 1,000 feet of the proposed receptor. Based on the BAAQMD's database
for existing permitted sources and roadways, screening -level estimates from existing permitted sources
within approximately 1,000 feet of the proposed residential units were compiled and results are presented
in Table 1 of the Initial Study.
The screening -level estimates for the State Route 17 freeway alone, with or without the project, indicate
the potential to exceed the BAAQMD's individual project significance threshold of 10 in a million,'a
potentially significant impact. Freeway- related risk levels are based on the particulate emissions estimates
from URBEMIS Model, which CARB indicates over predicts DPM emissions by a factor of around 3.
Although potential unmitigated excess cancer risks could be reduced by as much as two - thirds of these
estimated levels, freeway emissions would still exceed the project -level threshold of 10 in a million and
mitigation measures would still be required to reduce this impact to a Iess -than- significant level. It is also
i:::po't`a::t to note that riskfrom DA 1 and other vehicle emissions will decrease over tinge as cleaner
FEBRUARY, 2011
4
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTs
technologies are phased into use. The CARB's Diesel Risk Reduction Program aims to develop and
- implement specific statewide regulations to reduce DPM emissions and the associated health risk by 85
percent by 2020. However, until there is sufficient fleet turnover and retrofitting of older trucks to reduce
DPM emissions, sensitive land uses would be subject to health risks associated with proximity to the State
Route 17 freeway. Implementation of_the.following measures in- all new .project units. would reduce this
impact to a less- than - significant level (below the BAAQMD's project - level thresholds) when these
factors are taken into account:
MITIGATION MEASURE 2: A filtered air supply system shall be installed in all residential units and the
proposed community room to positive pressure when windows are closed. The
ventilaiion 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 %) or shall be certified by a licensed design professional that the
ventilation system is capable of removiing than 80 percent of ambient PM2.5 from habitable
areas of dwelling units.
MITIGATION MEASURE 3: Air intakes for HVAC shall be located away from the freeway to the
maximum extent feasible.
MITIGATION MEASURE 4: The project sponsor shall also prepare and implement a plan that ensures
on -going maintenance of ventilation and filtration systems.
1
MITIGATION MEASURE 5: The project sponsor shall also ensure the disclosure to renters regarding the M
findings of this analysis and inform occupant's proper use of any installed air filtration.
MITIGATION MONITORING': The Planning and Building Divisions of the Community Development
Department will be responsible for ensuring that these measures are reflected in final project
plans and properly implemented during construction.
When evaluating the project's contribution to cumulative risks and hazards impact, the combined risk of
87.5 from both permitted and freeway sources would not exceed the BAAQMD's cumulative threshold of
100 in a million. Given the very small increase in freeway - related DPM emissions attributable to the
proposed project, the cumulative risk with additions from the proposed project would still not exceed the
cumulative threshold. Therefore, project - related DPM emissions would be less than cumulatively
considerable (less than significant).
4. Biological Resources: A detailed riparian assessment was completed for the proposed project by
Wood Biological Consulting (WBC) in August 2010, and a copy of this report is included as Attachment
2 of the Initial Study. WBC's findings and recommendations are summarized as follows.
Los Gatos Creek extends along the project site's eastern boundary and flows from south to north. The
ordinary high water mark (OHWM) extends approximately 15 feet on either side of the creek center line.
The western "top of bank" of Los Gatos Creek roughly corresponds to the existing bollard and chain
barrier'situated on the creek side of the chain -link fence on the eastern margin of the site. 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.
FEBRUARY, 2011 6
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
At the subject property, Los Gatos Creek has been altered and constrained by bank armoring with
sack -crete and wall construction. Opposite from the subject property, the Los Gatos Creek Trail extends
over the eastern top of bank on a cantilevered concrete path. Within the property boundaries, just beyond
the eastern fence line, the west bank of Los Gatos Creek is densely vegetated with predominantly
non - native species such as English ivy (Hedera helix), Himalayan blackberry (Rubus discolor), giant reed
(Arundo donax), Siberian elm (Ulmus pumila), gum tree (Eucalyptus sp.), sweet fennel (Foeniculum
vulgare), smilograss (Piptatherum miliaceum), and privet (Ligustrum lucidum), among others. Upstream
and downstream from the subject property, the creek channel supports more native vegetation consisting
- - of such - riparian trees - as- western -- sycamore, coast live- oak, - California buckeye (Aesculus californic - -- -- -
arroyo willow (Salix lasiolepis), box elder (Ater negundo), white alder (Alnus rhombifolia), and Oregon
ash (Fraxinus latifolia).
Within the fence line, the eastern end of the property is paved and landscaped. Although several mature
native trees have been incorporated into the landscaping and parking area at the western end of the
property, no native unaltered habitat is present. These trees, presumably remnants of the indigenous
riparian vegetation, consist of three large, mature western sycamores (Platanus racemosa) and three coast
live oaks (Quercus agrifolia); no natural regeneration of these trees or any other native riparian species is
evident within the fenced property. Although the understory has been removed and replaced with
pavement, lawn and ornamental landscaping, the oak and sycamore canopy is contiguous to extensive
riparian vegetation that extends upstream and downstream from the project site. Representative photos of
the highly altered riparian edge and an aerial view of the project vicinity are included in Attachment 2 of
the Initial Study.
Environmental and Biological Significance of the Riparian Zone Riparian vegetation plays a crucial role
in stabilizing the cross- section geometry in alluvial rivers and streams, and the benefits to terrestrial
species as well as semi - aquatic amphibians, reptiles, and fish are described in detail in WBC's report.
The Santa Clara Valley Water Resources Protection Collaborative (SCVWRPC) emphasizes the vital role
of riparian vegetation in "maintaining stream stability, providing valuable wildlife habitat, and
moderating downstream flooding ", as well as regulating water quality by filtering pollutants from
stormwater, such as oil and grease from roadways, fertilizer runoff from lawns, and excess sediments
from upstream. Specifically, the stream -side environment supports riparian vegetation and the functions
provided by riparian vegetation.
The proposed project would not result in the expansion of paved surfaces or structures beyond the
existing chain -link fence; all new development is currently either paved or supports maintained lawn.
However, construction would occur within the area designated as the edge of riparian canopy (see Figure
4 of Attachment 2 of the Initial Study). As a result, project implementation would result 'in a net increase
of 7915 square feet (0.18 acre) of impervious surfaces within the riparian zone. The project would also
require the removal of a single western sycamore (Tree #118) and three nonnative ornamental trees (Trees
#122, 123, and 124) from within the riparian zone. Indirect effects of the proposed project may include
increased peak storm runoff into Los Gatos Creek, increased pollutant loading into the creek, and
increased human encroachment into the riparian corridor, consisting of lighting, and human and vehicular
noise and movement.
The proposed project does not appear to be regulated under federal or State laws pertaining to waters of
the U.S. /waters of the State. However, due to the property's proximity to Los Gatos Creek, it would be
subject to review and approval under the SCVWRPC Guidelines. Under these guidelines, "all properties
abutting or in proximity to a stream, including all properties located with 50 feet of the top of bank" are
subject to a streamside review. Despite a lack of understory and the fact that the remnant riparian trees are
FEBRUARY, 2011 7
T ,
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
rooted in a parking lot and lawn area, the oak and sycamore canopy is contiguous with riparian trees in
the Los Gatos Creek corridor. Although existing paved and lawn areas extend well within riparian zone of
Los Gatos Creek, riparian vegetation is present. The outer edge of the riparian canopy is shown in Figure
2 of Attachment 2 of the Initial Study.
As proposed, the new paved parking lot would be less than 10 feet from the top of bank and as much as
70 feet inside the riparian canopy. Although Building 4 would be setback at least 80 feet from the top of
bank, it would result in the loss of as inuch as 2,015 square feet of native tree canopy within the riparian
zone. This work appears to be inconsistent with the SCVWRPC Guidelines in several regards::(!) the
proposed project would not provide buffer between new facilities and the riparian zone; (2) it would
result in the removal of native vegetation within the riparian zone; and (3) it would place new paved and
active recreational areas within a riparian corridor.
It is generally the goal of the regulatory agencies (e.g., USAGE, CDFG, RWQCB) to restrict development
adjacent to creeks in order to preserve Hydraulic functions, prevent degradation' of water quality and
wildlife habitat, and to avoid the need for emergency repairs when creek banks erode and threaten
property, among others. For these reasoins, setbacks from the top of bank and the riparian canopy edge are
routinely warranted. Required setbacks may vary from as little as 10 feet to as much as 100 feet or more
from the top of bank or outward edge of riparian vegetation.
Although existing parking and recreational facilities at the Riviera Terrace Apartments overlap the Los
Gatos Creek riparian zone, a buffer currently exists between the edge of the riparian canopy and
permanent structures. With the exception of the northeastern corner of the apartment complex, which
abuts the riparian canopy to the north, the lawn and landscaping provide an open area between the
riparian zone and the buildings. The proposed project would eliminate this existing buffer area.
However, the proposed project would not expand the facilities beyond the area already subjected to active
uses (i.e., recreation and parking), and the project is not likely to significantly degrade the existing
functions and values of the Los Gatos Creek riparian corridor. Although the overlapping riparian canopy
on site is contiguous with that associated with Los Gatos Creek, the functions and values of this habitat on
site are limited due to a complete lack of understory trees, shrubs and vines. In addition, human activity
associated with parking and recreational use of the apartment's facilities, as well as pedestrian traffic on
Los Gatos Creek Trail, further limit the value of the riparian habitat to wildlife. The existing oak and
sycamore canopies are currently likely to provide limited foraging, roosting and nesting opportunities for
a variety of migratory passerines (i.e., perching birds) and raptors (i.e., birds of prey). Although one
sycamore will be removed to accommodate Building 4, this is not likely to significantly reduce habitat
availability for such birds in the project vicinity. Similarly, the increased human activity associated with
occupation of Building 4 and use of the new parking lot are not likely to significantly reduce values of the
adjacent riparian habitat to wildlife.
Based on these factors, the proposed encroachment upon the riparian canopy is not likely to result in
significant adverse effects on biological resources or the creek environment pursuant to CEQA
Guidelines. if no other agencies have authority over the project, the designation of any setbacks or buffer
areas from the riparian zone is at the discretion of the Town of Los Gatos. As the lead agency, the Town.
of Los Gatos may make the determination that the basic goals and objectives of the SCVWRPC
Guidelines can still be achieved if certain conditions are incorporated into the project design. Such
conditions should include the following measures, at a minimum; to reduce the project's potential direct
and indirect effects on the riparian zone:
FEBRUARY,2011 8
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
MITIGATION MEASURE 6: No new construction or the removal of any native vegetation shall be
1 permitted beyond the existing chain -link fence.
MITIGATION MEASURE 7: Removal of native trees within the riparian zone shall be minimized.
MITIGATION MEASURE 8: Construction of new impervious surfaces within the riparian zone shall be
reduced as much as is feasible.
.. ._.MITIGATION_MEASURE_9:_.Best. Management-Practices .(BMPs)..to preAr eat - storm ..runoff -from -.the
project prior to release into Los Gatos Creek shall be incorporated into the project design.
MITIGATION MEASURE 10: BMPs shall be implemented during construction to prevent creek bank
erosion and the release of any contaminants into Los Gatos Creek.
MITIGATION MEASURE 11: The Town of Los Gatos' Tree Protection Ordinance specifies that a
permit is required for the removal of any tree with a diameter of four inches or greater located on
a vacant lot or undeveloped property. Based on the recorded size of Tree #118 (western
sycamore, spread = 50'), six 24" box trees are to be planted. Replacement trees are to be planted
on the subject property. As an alternative, permission may be sought from the Santa Clara Valley
Flood Control District to see if the replacement trees may be planted off site in the Los Gatos
Creek channel. If replacement trees .cannot be reasonably placed on the subject property or on the
banks of the creek channel, the value of the trees to be removed shall be paid to the Town Forest
Fund to add or replace trees on public property.
MITIGATION MEASURE 12: As additional compensation for construction within the riparian zone, the
following measures shall be incorporated into the project design:
a. An invasive species eradication program shall be implemented for the segment of Los Gatos
Creek (both banks) in line with the upstream and downstream property boundaries.
b. A qualified Restorationist shall be retained at the applicant's expense to survey the creek
segment to identify invasive species to be eradicated. A qualified Contractor shall be hired at
the applicant's expense to implement the Restorationist's recommendations. It is anticipated
that the effort would target giant reed, eucalyptus, privet, Himalayan blackberry, smilo grass,
and sweet fennel, or any other possible species identified by the Restorationist.
c. The Restorationist shall provide guidance to the Contractor regarding appropriate eradication
techniques.
d. Upon completion of work, the Restorationist shall conduct an inspection and submit a report
to the Director of Community Development. If the Contractor's work was incomplete or
unsatisfactory, Contractor shall continue his /her work until the Restorationist signs off.
e. The Restorationist shall conduct an annual inspection of the creek section for a period not less
than five years. If significant recolonization by invasive species is identified, the applicant
shall be responsible for implementing further eradication efforts.
f. At the end of five years, if the applicant's efforts have been satisfactory as reported by the
Restorationist, the applicant's obligations shall be deemed complete. If the applicant's efforts
F$BRUARY,2011 9
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are deemed unsatisfactory by the Town, the invasive species eradication program shall be
continued for an additional five years.
MITIGATION MONITORING: The Planning and Building Divisions of the Community Development
Department will be responsible for ensuring that these _recommendations. are reflected in final
project plans and are properly implemented during and after construction.
Tree'Removal. Policy O.P.3.3 of the Open Space Element of the Los Gatos General Plan emphasizes
preservation of public and private landscaping along Town streets. The Los Gatos Tree Protection
Ordinance states that the preferred tree replacement is two or more trees of a species and size designated
by the Director of the Parks and Public Works Department. Tree replacement requirements are based on
canopy size, which is defined in Table 3 =1 of the Ordiriance, Tree Canopy = Replacement Standard. Tree
canopy replacement requirements range from two to six 24 7 -inch box size trees or two 36 -inch and /or 48-
inch box size trees, depending on the canopy size of the tree to be removed.
During project construction, there would be`the potentiallor damage to the trees that are proposed to
be retained. Proposed tree protection measures (refer to Tree Protection Notes'on Existing Tree Plan)
would minimize such potential: impacts to a less- than- significant level.
Arbor Resources (AR) completed a tree survey for the proposed project in May 2010, and a copy of this
report is on file with the Los Gatos Community Development Department. AR inventoried 150 trees on
the site. The inventoried trees consist of wide range of landscape species with some native species
including 21 American sweetgum, 12 coast live oaks, 7 coast redwoods, 6 Canary Island pines, 6 deodar
cedars, and 1 to 3 of 12 other landscape and native species. Of these trees, 19 are located on adjacent
properties, 13 are exempt from regulation, 8 appear to possibly have been required plantings, and 34 are
located near perimeter fencing and are either on adjacent properties or east of the eastern property fence.
Of the 150 inventoried trees on the site, approximately 73 trees would be removed because they would
conflict with proposed development and they consist of 36 oaks ( #1, 2, 4,7-14, 16-22,24, 27 -37, 43, 33,
38, 54 -61, 64, 71, 73, 74, 88 -90, 92, 97 -100, 102 -116, 118, 123, 124, 128, and 129). Of these AR
recommends relocation of four native oaks instead of removal ( #1, 2, 3, and 7). Tree #72, a large Canary
Island date palm is proposed to be relocated on the site. There. are also numerous other trees that would be
highly or severely affected by proposed development. AR recommends design modifications in the.
vicinity of Trees #131 through 141, 3, 91, 117, 119, 121, 125, 126, 127, and 161. To reduce impacts on
these trees and other trees proposed to be retained and adequately replace trees to be removed, the
following measure will be required:
MITIGATION MEASURE 13: Recommendations made by Arbor Resources (May 7, 20 10) shall be
implemented to eliminate or minimize the construction - related impacts on the trees to be retained.
Recommendations are listed under Section 5.0 of the arborist's report but Section 4.0 also
includes additional design recommendations. These include design guidelines section addressing
increasing setbacks, parking lot modifications, walkway, other on -site facility location
modifications, etc. The report also provides protection measures before and during construction,
addressing fencing, work within tree canopies, etc. The report's findings and recommendations
are included as Attachment 3 of the Initial Study.
MITIGATION MONITORING: The Planning Division of the Community Development Department will
be responsible for ensuring that all recommendations made by the arborist are reflected in final
project plans. The Building and Planning Divisions of the Community Development Department
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will be responsible for ensuring that all tree management measures are properly implemented
during construction.
5. Cultural Resources: There are three existing buildings on the site, but they were constructed after
1941 and would be retained. Therefore, there would be no impact on any historical resources.
An archaeological literature review was undertaken by Holman & Associates at the Northwest
Information Center (NWIC) located in Rohnert Park (file no. 10 -0255) to obtain information about
recorded historic .and* .prehistoric archaeological .sites,in..and..around._ the_ prof .e.ct.area,and:information..
about previous archaeological field studies of the project area and its surroundings. A copy of the Holman
report' is on file and available for public review at the Los Gatos Community Development Department.
The review, of NWIC records indicates that there has been no previous archaeological field inspection of
the project area, and that there are no recorded historic or prehistoric sites within the project site
boundaries, or within % mile of the project site. The property has not been surveyed formally in the past,
but there have been several small studies in the immediate vicinity with negative findings.
Holman & Associates conducted a visual inspection of the project site as part of their evaluation of the
project site for the presence of potential archaeological resources. The survey of the proposed
p
develoment area was limited due to the presence of pavement and lawn in these areas. However,
exposed soils on the site that were in the creek vicinity were surveyed. No evidence of historical or
archaeological resources was discovered during either the field inspection or the literature review.
Holman concluded that the project site has a low potential for containing buried cultural resources, and
therefore, mechanical subsurface presence /absence testing is not warranted. However, since the proposed
development area is covered either by pavement or landscaping, the potential for discovery of obscured
cultural resources during future development of the project site would still remain. Given the site's
proximity to what was the prehistoric riparian zone of Los Gatos Creek, the following measures will be
required to reduce this impact to a less - than - significant impact:
MITIGATION MEASURE 14: An archaeological monitor shall be present to observe all construction
activities where disturbance of surface soils could occur (e.g., demolition, grading, and trenching
operations).
MITIGATION MEASURE 15: Construction personnel involved with earthmoving shall be alerted to the
potential for the discovery of prehistoric materials and in particular, concentrations of historic
artifacts. Prehistoric archaeological resources could include but not. be limited to the following:
concentrations of stone, bone or fresh water shellfish, artifacts of these materials, and evidence of
fire (ash, charcoal, fire altered earth or rock) and of course, burials, both human and animal.
MITIGATION MEASURE 16: In the event that archaeological traces are encountered, all construction
within a 20 -foot radius of the find shall be halted, the Community Development Director shall be
notified, and an archaeologist shall be retained to examine the find and make appropriate
recommendations.
MITIGATION MEASURE 17: In the event that it appears further earthmoving will affect a resource
eligible for the California Register of Historic Resource (CRHR), a plan for evaluation of the
resource through limited hand excavation should be submitted to the Town's Community
2 Holman & Associates, 2010, Cultural Resources Study of the 135 Riviera Drive Riviera Terrace Apartment Project, Los Gatos,
Santa Clara County, California. October 19.
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Development Department for approval. If evaluative testing demonstrates that the project will
affect a CRHR eligible resource, a plan for the mitigation of impacts to the resource should be
submitted to the Community Development Department for approval before construction is
Wowed inside the zone designated as archaeologically sensitive.
MITIGATION MEASURE 18: If the Community Development Director finds that the archaeological
find is not a significant resource; work will resume only after the submittal of a preliminary
archaeological report and after provisions for reburial and ongoing monitoring are accepted.
Provisions for identifying descendants of a deceased Native American and for reburial will follow
the protocol set forth in CEQA Guidelin es Section 15064,5(e). If the siteis found to be a
significant archaeological site, a mitigation program will be and submitted to the
Community Development Director for consideration and approval, in conformance with the
protocol set forth in Public Resources Code Section 21083.2.
MITIGATION MEASURE 19: A final report shall be prepared when a find is determined to be a
significant archaeological site, and /or when Native American remains are found on the site. The
final report will include background information on the completed work, a description and list of
identified resources, the disposition and curation of these resources, any testing, other recovered
hiformation, and conclusions.
MITIGATION MONITORING: The Planning and Building Divisions of the Community Development
Department will be responsible for ensuring that these measures are implemented appropriately
during construction as the need arises.
Paleontological Resources 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.
In order to determine the potential occurrence of paleontological resources on the site, the University of
California, Berkeley Museum of Paleontology (UCMP) records were consulted and museum records
indicate that there are four paleontological sites in the vicinity of Los Gatos. Three of the four site records
indicate that these resources occurred in geological strata of the Tertiary or Cretaceous periods. One site
is recorded from the more recent Quaternary period; however, this site is located approximately 20 miles
east of Los Gatos, north of Morgan Hill. The geologic evaluation for the proposed project indicates the
site is underlain by Pleistocene and Holocene (Quaternary Period, starting approximately 2.5 million
years ago) fluvial and fluvial terrace deposits. These geological formations are more recent in geological
time than the formations containing the paleontological resources recorded by the UCMP in the Los
Gatos vicinity. Based on the characteristics of the geological formations containing recorded
paleontological resources in the project region, the potential for uncovering paleontological resources on
the project site is considered to be low and therefore, less than significant.
6. Geology and Soils: A review of the Town's hazards maps indicates that the project site has a slight to
no erosion potential, low to moderate shrink -swell potential, negligible slope stability hazard, moderate
potential for fault rupture, moderate -high potential for seismic shaking, and moderate to very high
(eastern margin of the site) liquefaction hazard. No debris flow hazard was identified for the site. Most of r
the site is underlain by Pleistocene alluvial fan deposits, while Holocene alluvial fan and channel deposits 3
underlie the eastern portion of the site.
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The project site slopes down 15 to 30 feet toward Los Gatos Creek to the east. Elevations range from a
j low of approximately 320 feet near the eastern project boundary by Los Gatos Creek to a high of about
350 feet near the western property boundary. The proposed grading plan indicates 2,662 cubic yards (c.y.)
of cut and 5,009 c.y. of fill, with approximately 2,347 c.y, of fill to be imported.. Most of the excavation
would occur in the west parking lot and the vicinity of proposed Building 1, while most of the fill would
occur in the central open space area where the pool is proposed, under Buildings 2, 3, and 4, as well as
under the east parking lot. New retaining walls would be'constructed in the southeastern portion of the
site adjacent to Building 3 to support fill under this building. Town requirements will include provision of
..._.interim.and.final_erosion.. control plans. ..._Such.measures.would. reduce.. potential _erosion..hazards- to -a -- less - -_
than- significant level.
A geotechnical investigation was completed for the project by Cornerstone Earth Group (CEG) in May,
2010. The CEG study was peer reviewed by the Town's consulting geotechnical engineer, AMEC
Geomatrix, in August, 2010. Copies of this study and evaluation are on file at the Los Gatos Community
Development Department. The CEG study involved a site reconnaissance, review of published
geotechnical maps, subsurface exploration (two borings), laboratory testing, and engineering analysis of
field and lab data. From a geotechnical engineering standpoint, CEG concluded the site can be safely
developed as proposed, provided issues identified by CEG are addressed in project planning and final
design. Preliminary recommendations were provided by CEG for conceptual planning and preliminary
design work and a design -level geotechnical evaluation will need to be completed when the project
development concept has been finalized. Issues identified by CEG include the following:
■ Potential for Si nificant Seismic Settlements and Lateral Spreading. Preliminary analysis
indicates a potential for significant differential settlements during strong seismic shaking with the
areas of Buildings 2, 3, and 4. Seismic settlements are predominantly anticipated from
liquefaction- inducted settlement and the possibility of ground rupture (sand boils). Based on
preliminary, analyses, total seismic settlement estimates range from about Y/2 to 3 inches, with
differential settlements estimated to be up to about 1 inch across a horizontal distance of 25 feet
in Buildings 2, 3, and 4. This excludes the possibility of ground rupture, which could significantly
increase the differential settlement.
Lateral spreading within the modern fluvial deposits is theoretically possible, affecting Buildings
2, 3, and 4. Estimated lateral displacements are on the order of several inches to several feet.
Buildings 2, 3, and 4 should be supported on shallow foundations overlying ground improvement
(such as stone columns or impact piers) that are designed to mitigate the liquefaction /ground
rupture potential. To mitigate the lateral spreading potential, additional ground improvement
should (at a minimum) be included between Buildings 3 and 4 and the creek to create a stiffened
soil zone. The location and length of this improvement zone will depend on whether only the
buildings will be protected from lateral spreading or whether it is desired to also protect the
pavements and other proposed surface improvements. Potential preliminary options are outlined
in CEG's report.
Presence of Undocumented Fills Up to about 4 feet of undocumented fills were encountered in
our explorations. The fill consisted of loose to medium dense clayey sands. Field observations of
relative topography suggest that fills within the extensively landscaped and contoured areas
within the central and northern portions of the site may be thicker than 4 feet thick. Differential
static and seismic settlements are also anticipated to occur for shallow foundations underlain by
the existing undocumented fills.
FEBRUARY,2011 13
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The lateral extents and depths of the undocumented fills should be further evaluated during the
design -level geotechnical investigation. Earthwork measures for treatment of this fill are outlined
in CEG's report.
Shallow Groundwater Ground water was.. encountered at depths of about 13, to.19 feet and it is
anticipated to fluctuate significantly based on the time of year, the amount of rainfall, and the
water level within the creek. Excavations'extendzng near or below ground water would most
likely need to be deivatered as well as temporarily `shored. Significant sloughing of the sands
below the undocumented fills could occur during construction, as the sands have few fines as
binder; sands will need to be dried prior to reuse.
AMEC Geomatrix indicated'that shallow groundwater conditions could constrain design and
construction of the proposed pool. Since the conceptual stormwater management plan relies
heavily on percolation of water into site soils, AIVIEC recommended that CEG provide an `opinion
as to whether or not the site will 'percolate sufficiently or should collect information
necessary to make such an evaluation dunng the design -level geotechnical investigation.
However, the drainage design concept was changed that storm water runoff is conveyed to
three bioretention basins on the site for treatment of runoff, storage of increased treated flows in
an on -site "tank," and subsequent discharge to Los Gatos Creek after flowing through a media
filtration system located in the southeast corner of the site. Since it does not rely on percolation
through native soils, this recommendation is no longer relevant (see Section 9, Hydrology and
Water Quality, for more discussion).
The site lies within the seismically active Bay Area, but is not within any of the "Earthquake Fault Zones"
established by the Alquist - Priolo Earthquake Fault Zoning Act of 1972. The subject property is located
just outside of (south of) a Santa Clara County Fault Rupture Hazard Zone, which is based on the
Shannon fault zone. The property is located in a "moderate" fault rupture potential zone, according to the
Town of Los Gatos fault rupture hazard zone categories. The "moderate" category includes properties that
meet one of the following:
• Areas located within 400 to 500 feet of the dotted, concealed fault traces;
• Areas containing concentrated clusters of mapped aerial photo lineaments; or
• Areas with widespread evidence of coseismic deformation caused by the 1989 Loma Prieta
earthquake.
The subject property is not located within an area of mapped aerial photo lineaments or coseismic
deformation caused by the 1989 Loma Prieta earthquake. However, the property is located within 400 to
500 feet south of a dotted, concealed fault trace. The Santa Clara County Geologic Hazard Zones map
indicates that the northeast corner of the project site is located immediately south of one of_the mapped
Fault Rupture Hazard Zones. Following the October 1989 Loma Prieta earthquake, geologists and
engineers mapped locations of ground distress associated with the earthquake. Several areas of
concentrated ground distress were identified in the Los Gatos area, as well as alignments of ground
distress along at least one of the several concealed fault traces. No pattern of concentrated or aligned
distress was mapped at or near the subject property.
To mitigate the above geotechnical constraints to a less- than - significant level, the following measure shall
be implemented:
FEBRUARY, 2011 1-r
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MITIGATION MEASURE 20: The recommendations of the geotechnical report by Cornerstone Earth
( Group (dated May 12, 2010) shall be implemented (included as Attachment 4 of the Initial
Study). These recommendations are listed in Sections 5.2, 6, and 7. Section 5.2 identifies the need
for a design -level geotechnical investigation once building types, structural loads, finished floor
elevations, and locations are finalized. Section 6 outlines anticipated earthwork measures and
Section 7 presents preliminary foundation recommendations.
MITIGATION MONITORING: The Building Division of the Community Development and Engineering
Division of the_Parks and blic ._Works -Departments_will_be._ responsible ..for_ensuring_that.all____ ......_. __.._ _..._
recommendations are incorporated into the project design and properly implemented during
construction.
7. Greenhouse Gases: "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,
methane, nitrous oxide, 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.
California has passed several bills and the Governor has signed at least three executive orders regarding
greenhouse gases. The Governor's Office of Planning and Research is in the process of developing
CEQA significance thresholds for GHG emissions but thresholds have yet to be established. GHG
statutes and executive orders (EO) include AB 32, SB 1368, EO S- 03 -05, EO S -20 -06 and EO S- 01 -07.
AB 32 is one of the most significant pieces of environmental legislation that California has adopted.
Among other things, it is designed to maintain California's reputation as a "national and international
leader on energy conservation and environmental stewardship." It will have wide- ranging effects on
California businesses and lifestyles as well as far reaching effects on other states and countries. A unique
aspect of AB 32, beyond its broad and wide- ranging mandatory provisions and dramatic GHG reductions
are the short time frames within which it must be implemented. Major components of the AB 32 include:
Require the monitoring and reporting of GHG emissions beginning with sources or categories of
sources that contribute the most to statewide emissions.
Requires immediate "early action" control programs on the most readily controlled GHG sources.
Mandates that by 2020, California's GHG emissions be reduced to 1990 levels.
■ Forces an overall reduction of GHG gases in California by 25 to 40 %, from business as usual,
over the next 10 years (by 2020).
Must complement efforts to achieve and maintain federal and state ambient air quality standards
and to reduce toxic air contaminants.
Statewide, the framework for developing the implementing regulations for AB 32 is underway.
Additionally, through the California Climate Action Registry (CCAR, now called the Climate Action
Reserve), general and industry - specific protocols for assessing and reporting GHG emissions have been
developed. GHG sources are categorized into direct sources (i.e. company owned) and indirect sources
(i.e. not company owned). Direct sources include combustion emissions from on -and off -road mobile
FEBRUARY,2011 15
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MITIGATED NEGATIVE DECLARATION — RVIERA TERRACE APARTMENTS
sources, and fugitive emissions. Indirect sources include off -site electricity generation and non - company
t
owned mobile sources.
Implementation of the proposed project would contribute to long -term increases in greenhouse gases
(GHGs). from direct sources,-(traffic increases_and- niinor..secondary fuel gombustion_emissions from space
heating). Development occurring as a result of the proposed project would also result in other indirect
operational increases in GHG emissions as a result of electricity generation to meet project - related
increases in energy'deinand. Electricity generation'in Califorma is mainly from natural gas -fired power
plants. However, since California imports`about 20 to 25% of ins total electricity (mainly from the
northwestern and southwestern states), GHG emissions associated with electricity generation could also
occur outside of California. Space or water heating, water delivery, wastewater processing and solid
waste disposal also generate GHG emissions. Short -term GHG emissions would also be generated by
project - related construction activities.
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
minimally to long -term regional increases in'GHGs. No state agency or the BAAQMD has adopted a
methodology or quantitative threshold that can be applied to a speck development or construction project
to evaluate the significance of an individual project's contribution to GHG emissions, such as those that
exist for criteria pollutants. The adopted BAAQMD Guidelines recommend that a project's construction -
related GHG emissions be quantified and a significance determination be made in relation to meeting AB
32 GHG reduction goals. The proposed guidelines, also include screening levels for operational emissions
(direct and indirect sources), and for projects that meet all screening cri teria, project operational emissions
are considered by ,the BAAQMD to have a less- than - significant impact on global climate change.
The BAAQMD does not have a quantitative significance threshold for construction- related GHG
emissions, but the project's construction- related emissions are expected to have a less- than- significant
impact on global climate change based on GHG modeling results done for larger projects. However, the
BAAQMD encourages'implementation of construction- related GHG best management practices as
feasible and applicable, to reduce construction - related GHG emissions. The proposed project would also
be subject to the existing CARB regulation (Title 13 of the California Code of Regulations, Section
2485), which limits idling of diesel- fueled commercial motor vehicles, and compliance with this
regulation would further reduce GHG emissions associated with project construction vehicles
(compliance with idling limits is required under Mitigation Measure if in Section 3, Air Quality).
The adopted BAAQMD GHG screening criterion for low -rise apartments is 78 units (87 units for mid -rise
apartments). The proposed 50 -unit project would fall below these criteria and therefore, GHG emissions
would not exceed the BAAQMD GHG significance thresholds; consequently, a detailed, quantitative
assessment of the project's GHG emissions would not be required. Although GHG emissions would be
less than significant, the proposed buildings will be required to comply with energy efficiency
requirements of the California Energy Code (Title 24, Part 6 of the California Administrative Code). In
addition, a GreenPoint checklist has been prepared for the project, consistent with Town's adopted GHG
policies and the project. The project is estimated to achieve a GreenPoint rating score of at least 80, which
would meet the minimum advisory GreenPoint rating score of 50 points. The GreenPoint checklist
considers . project design elements, but also considers recycling of construction waste and community
planning (i.e. infill).
8. Hazards and Hazardous Materials: The project site is not included on any Hazardous Wastes and
Substances Sites List. Since the site is developed, the potential for encountering hazardous materials
during project construction would be low. Therefore, potential public health risks would be less than
1EBRUARY,2011 16
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significant. The project site is located outside areas designated as a "Fire Hazard Area" in the adopted
l 2000 General Plan and the "Very High Fire Hazard" in the draft 2020 General Plan. Therefore, the
project would not expose people or structures to wildland fire hazards.
9. Hydrology and Water Quality: Storm Drainage The site is bounded by Los Gatos Creek to the east,
and adjacent developed residential (apartment) complexes to the north, west and south. The site is
currently occupied with an L- shaped, multi -story apartment building, surface pavements, carport
structures, an in- ground pool, and landscaping. The existing impervious surface area is approximately
-.. -. -- 140 , 422 ..s.f._The.- remainder. - -of- the - site- is-landscaped with ornamental- shrubs,- turf, -and -- some- rnatur -e- trees: - -- -- -- -..-
Surface topography in areas of the site outside of the paved areas suggests the original ground surface was
contoured by the importation and placement of fill. The eastern portion of the site appears to have been
raised above the surrounding site grades by several feet of prior fill placement. The site currently drains to
the creek through twin 10 -inch diameter outfalls.
The subject property slopes gently downward to the east, toward Los Gatos Creek, ranging from
approximately Elevation 357 feet to 325 feet (datum unspecified). In late February to early March, 2010,
the active Los Gatos Creek channel was approximately 13 feet below the east property line. The stream
channel in the project vicinity is about 25 feet wide and 7 to 8 feet deep. The CEG geotechnical study
indicates that the water level was estimated to be approximately 2 to 3 feet deep within the creek channel
at the time of field investigation.
The Los Gatos Creek channel has been altered as part of the Highway 17 construction. Grading for
Highway 17 required the eastern side of the creek channel to be confined by placement of engineered fill
and concrete armoring. The western bank of the creek channel is natural and has a very thick growth of
ground cover, shrubs and riparian trees.
The proposed project design specifies the construction or replacement of 65,938 s.f. of impervious surface
on the site, for a total impervious surface area of 146,794 s.f. The proposed increase of impervious
surface on the site would be 6,372 s.f., approximately 4.5% over existing conditions. The project's design
for the disposition of storm drainage includes conveyance of runoff to three bioretention basins on the site
for treatment of runoff, storage of increased treated flows in an on -site "tank," and subsequent discharge
to Los Gatos-Creek after flowing through a media filtration system located in the southeast corner of the
site. A Conceptual Stormwater Management Plan (CSMP) prepared for this project has been reviewed by
Eisenberg, Olivieri & Associates (EOA), the Town's consulting engineer, and revised by the project
applicant to address the comments and recommendations of the EOA reviews dated August 31 and
November 4, 2010. The results of these revisions and a December 22 ° 2010 EOA review of the current
CSMP are discussed in the following Water Quality section.
Flood Hazards Based on the preliminary geotechnical investigation by Cornerstone Earth Group (CEG),
the Federal Emergency Management Agency (FEMA) flood map public database indicates that the site is
located with "Zone X ", which is described as "areas determined to be outside the D.2% annual chance
floodplain," just on the west side of their "special flood zone" (mapped within the active creek channel
and adjacent modern terrace surface.)
The Association of Bay Area Governments has compiled a database of Dam Failure Inundation Hazard
Maps. The generalized hazard maps were prepared by dam owners as required by the State Office of
Emergency Services; they are intended for planning purposes only. Based on CEG's review of these
maps, the far eastern portion of the site appears to be located within a dam failure inundation area for
Lexington and Elsman Reservoirs located south of the site. Regular inspections by the Division of Dam
Safety as well as ongoing efforts to strengthen /modify dams and spillways by the SCVWD as necessary
FEBRUARY,2011 17
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help to ensure the structural safety of the reservoirs in Santa Clara County. Therefore, inundation hazards
due to dam failure are not considered to be any greater at the project site than in other areas located
downstream of this dam.
Water QualiP . Stringent water quality regulations of the Clean Water Act have been triggered because
the NPDES (National Pollution Discharge Elimination System) permit program has failed to protect
beneficial uses of Santa Clara County's creeks and the South San Francisco Bay, as evidenced by such
observations as violations of ambient water quality criteria, high concentrations of toxic substances, and
fish consumption health advisories. These new regulations require that all discharges shall comply with
Provision C.3, New and Redevelopment Performance Standards of Order No. 01 -024 of the NPDES
permit program.
After project completion, surface runoff from the site would be expected to carry typical urban pollutants
generated by roadways, building surfaces, and landscape areas. As a part of the project design, the project
engineers have prepared a Grading and Drainage Plan (Sheets 0.0 ai d`C3.1), 'a Conceptual Utility Plan
(Sheets C3.4 and C3.5), and a Conceptual Stormwater Management Plan with details and calculations
(Sheets C4.0 and C4.1) that indicate project facilities proposed to address stormwater flow and quality
controls (dated November 23, 2010). These plans were reviewed by EOA for consistency with Town
policies and requirements in the design of drainage facilities. EOA's reviews, comments, and
recommendations were provided to the Town in memoranda dated August 31" and November 4" 2010.
Subsequent revisions of the above project plans, dated November 23, 2010, were submitted to the. Town
and further reviewed by EOA in a memorandum dated December 22, 2010.
EOA's review of the current grading and drainage plans for the project addresses: 1) the applicability of ,.
NPDES Permit Provision C.3 Requirements to the project; 2) proposed stormwater treatment measures
and sizing calculations; and 3) the consistency of the SWPPP with local ordinances. The detailed EOA
memorandum is included in this study as Attachment 5 of the Initial Study.
In brief, the EOA review indicates that the C.3 Hydromodification Management (HM) requirements
would apply to the proposed project. These requirements include limiting post - project runoff to pre -
project levels. The EOA assessment notes that the project engineer conducted a pre- and post - project
hydromodification analysis using the Bay Area Hydrology Model (BAHM) and sized an underground
"tank" to provide detention storage and a control structure to meet the HM control standard. The "tank"
will consist of 193 linear feet of 60 -inch diameter storm drain under the southeast parking lot, with a
weir /orifice plate on the downstream end. The weir and orifice dimensions were determined using the
BAHM. The 60 -inch storm drain would receive stormwater from all areas of the site (for storms up to the
water quality design storm, this will all be treated stormwater) acid detain it prior to discharge through the
twin 10 -inch diameter outfalls to Los Gatos Creek. EOA concluded that this design is acceptable for
meeting the hydromodifi cation control requirements for the proposed project.
The December 22 review of the project's revised CSMP also evaluated the project's proposed
stormwater treatment measures, including bioretention basin sizing, media filter system, and permeable
paver installation. The EOA evaluation concluded that the conceptual stormwater treatment measures
proposed for the project design appear to meet the stormwater treatment and hydromodifi cation control
requirements in the Town's NPDES Permit Provisio11
In addition to the assessment of the project's compliance with applicable stormwater control
requirements, the EOA analysis provides four recommendations to ensure that measures proposed as part
of the project design achieve the required control of stormwater volumes and quality. These
recommendations have been made conditions of project approval `and include:
FEBRUARY, 2011 18
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
1. The design of the proposed bioretention basins shall incorporate the guidelines in the recently
( published "Model Bioretention Soil Media Specifications" for the San Francisco Bay area (December
1, 2010). Alternatively, in situ testing shall be conducted in the field to verify an infiltration rate of 5
to 10 in/hr. to confirm suitable on -site soil conditions for the operation of the proposed bioretention
basins.
2. The project shall include pollutant source control measures, such as application and maintenance of
"No Dumping" labels on storm drain inlets, covered dumpster areas that drain to the sanitary sewer, a
_._...__._covered. car _wash.area...that..drains_to... the_: sanitary _ sewer. - (if .applicable),.. and. - regular - -. par -ki.ng._lot- ____._.._.....
sweeping and trash removal. - -
3. Prior to issuing a certificate of occupancy, the applicant or homeowner's association shall sign a
maintenance agreement with the Town for maintaining the stormwater treatment measures and the
source control practices. The maintenance agreement will require strict compliance with the
manufacturer's recommended maintenance schedule for the media filter system to be located
immediately upstream of the outfall to the creek.
4. Grading operations shall be conducted during the dry season, i.e., between approximately April 15
and October 15. If the applicant proposes to conduct grading during the rainy season, the Town will
need to determine whether there is a substantial risk of increased sediment discharge based on site
conditions, and require implementation of appropriate erosion and sediment controls to prevent such a
discharge.
10. Land Use and Planning: The site is currently developed with apartments, appurtenant facilities, and
landscaping. The site is currently developed at a density of 20.9 units per acre. The project parcel is
currently designated by the existing General Plan as "High Density Residential" which allows 12 -20
dwellings per net acre or up to 40 persons per acre. The project applicant proposes to add 50 more
apartment units for a total of 173 units, which would increase the density to 29.4 units per acre. The site's
General Plan designation allows up to 118 units on the 5.889 -acre site (at 20 units per acre), although
there are currently 123 units on the site. Although the proposed density would exceed the maximum
density allowed by the General Plan, the proposed addition of 50 units would be consistent with this
designation because 26 units are proposed to be affordable (25 existing units would be converted to
affordable units and one new unit would be a BMP unit). The Town has determined that the proposed
density would conform to the adopted 2020 General Plan when the State Density Bonus Law (Section
65915(d)) is applied. This law allows 35% density bonus (118 x 1.35 = 159 units) when at least 20% of
the units provided are affordable (20% of 118 existing units = 24 units). Such a bonus would allow up to
183 units total (159 units + 24 units), and the proposed 173 -unit project would not exceed this limit.
Therefore, the Town considers the proposed project to be consistent with the 2020 General Plan Land Use
Element.
The proposed residential project would be consistent with the Town's adopted Housing Element Goal
HOU -1 specifying an expanded "choice of housing opportunities for all economic segments of the
community through a variety of housing types and sizes, including a mixture of ownership and rental
housing," and supporting Action HOU -1.3, which allows for a 100 percent density bonus for
developments that include housing for elderly, handicapped, and /or very low and low- income households.
It would also be consistent with the following actions in the adopted 2007 -2014 Housing Element:
• Action HOU -1.1: Below Market Price (BMP) Program: Continue to implement the BMP
Program in order to increase the number of affordable units in the community. Continue the
policy that BMP units are not counted toward the maximum density allowed on a site.
FEBRUARY,2011 19
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MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
Action HOU -1.3 Density Bonus Continue to provide up to a 100% density bonus for
developments that include housing for elderly, handicapped and /or very low and low income
households.
While the proposed density would-be consistent with those allowed by the. General Plan, there would be a
potential for land use compatibility problems if increased densities are substantially different from
densities in surrounding areas. Existing densities of apartments that adjoin.the project's southern
boundary range from 28 units per acre to 31 units per acre. Densities are lower along the western project
boundary (19 units per acre) and even lower along the northern project boundary where there are single -
family residences. The proposed addition of 50 units along the southern project boundary would
concentrate the increased density along the boundary where there are already similar densities, reducing
the potential for land use compatibility problems_ There vyouId be no increase in density along the western.
or northern project boundaries adjacent to existing lower density residential development. This design
concept would help to minimize the potential for land use compatibility problem s, a less than- significant
impact.
The site is zoned "R- M:12 -20, Multi- Family Residential' which allows 12 -20 dwelling units per acre.
The project applicant is requesting a rezoning from "R- M:12 -20" to "R- M.12- 20:PD." At a proposed
density of 29.4 units per acre, the proposed `173 -unit project would not be consistent with this zoning
designation. However, the applicant is proposing to provide 26 BMP units and when the State Density
Bonus Law is applied as described above, the allowable density on the site would be 30 units per acre
(183 units). Therefore, the project would conform to densities allowed under this zoning designation. The
"PD" zoning designation would allow for the project design to vary from zoning code limits and
requirements (i.e. building heights, road widths, setbacks, etc.), and therefore, the proposed project would
not conflict with the Zoning Ordinance.
11. Mineral Resources: The Los Gatos General Plan does not identify any regionally or locally -
important mineral resources on the project site or in its vicinity.
12. Noise: Project Construction Project construction would result in temporary short -term noise
increases due to the operation of heavy equipment. Construction noise sources range from about 76 to 85
dBA at 50 feet for most types of construction equipment, with slightly higher levels of about 88 to 91
dBA at 50 feet for certain types of earthmoving and impact equipment. If noise controls are installed on
construction equipment, the noise levels could be reduced by 1 to 16 dBA, depending,on the type of
equipment. Foundation piers are proposed to be drilled, not driven, which would avoid short-term noise
impacts associated with impact pile driving. 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) construction activities to the hours of 8:00 AM to 8:00
PM on weekdays and 9:00 AM to 7:00 PM on weekends and holidays. This_ ordinance also limits noise
generation to 85 dBA at the property line or 85 dBA at 25 feet. Proposed buildings would be located as
close 20 feet from existing apartment buildings on the site. At 20 feet, the ordinance noise limit would
result in maximum noise levels of 85 dBA at the closest residences during road construction. At this
distance, construction noise could periodically result 'in' speech interference effects. Temporary
disturbance (e.g., speech interference) can occur if the noise level in the interior of a building exceeds 45
to 60 dBA. To maintain such interior noise levels, exterior noise levels at the closest residences (with
windows closed) should not exceed 70 to 80 dBA and this exterior noise level is used as a significance
threshold or criterion. It appears that construction noise levels could be maintained below 80 dBA except
when equipment is operated within 50 feet of existing apartment buildings located on or adjacent to the
FESRUARY,2011 20
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
project site. In general, construction at this proximity would primarily occur for short periods, when
t
grading equipment is operating adjacent to a speck receptor, not during the entire project construction
period. Therefore, enforcement of the Town Noise Ordinance during project construction (which r
times of construction and maximum noise levels) would be adequate to mitigate potential short -term estricts
noise impacts on most existing apartments to a less - than- significant level. However, the easternmost
existing Riviera Terrace Apartments would be located as close as 20 feet from proposed Building 4. Since
the duration of building construction would be longer than the grading phase, construction- related noise
increases could be significant periodically at these apartments. Implementation of the following measure,
_
in conjunction. -with. enforcement of. .time..restnctions- and-noise level- standards- eontained-rn- the -Town. --
Noise Ordinance, will be required to reduce temporary noise impacts to a less - than - significant level:
MITIGATION MEASURE 21: To minimize construction noise impacts on existing apartments located
adjacent to the site, existing boundary fencing shall be retained throughout the noisier
earthmoving phase of construction or any new fencing proposed to be constructed along site
boundaries shall be constructed as early as possible (prior to project grading activities if feasible).
To maximize the fence's noise attenuation effects, proposed fencing shall be solid with no gaps,
cracks, or openings (e.g., high quality air -tight tongue- and - groove, board and batten, or shiplap
design).
MITIGATION MEASURE 22: To minimize construction noise impacts on existing Riviera Terrace
apartments located adjacent to proposed Building 4, the western- facing facade of this building
shall be enclosed as early in the construction process as possible to minimize impacts on the
existing apartments to the west.
MITIGATION MONITORING: The Building Division of the Community Development Department will
be responsible for ensuring that these measures are properly implemented during construction.
Impacts associated with groundborne vibration and noise are typically less than significant for most types
of construction activities (i.e. vibration levels generated by most types of construction equipment would
not exceed threshold levels for cosmetic damage to structures). However, operation of impact or vibration
pile drivers or large truck - mounted compactors can generate vibration levels that would disturb neighbors
and could result in cosmetic damage to adjacent structures at distances of less than 50 feet. Operation of
such equipment as part of project construction would not be required. Therefore, impacts associated with
groundbome vibration and noise are expected to be less than significant.
Operational Noise Long -term noise increases associated with the project would result from increased
traffic along the project's private street, Riviera Terrace and adjacent residential streets providing access
to the site. The estimated 86 vehicles per day would generate noise levels of less than 40 dBA (Ldn) at 50
feet, which would be well below the estimated ambient noise levels on Rushmore Lane (approximatey 58
dBA, Ldn, at 800 feet from the freeway) and Millbrae Lane (about 62 dBA, Ldn, at 400 feet from the
freeway). Based on traffic volumes presented in Section 16, Transportation and Traffic, project- related
traffic increases along existing neighborhood streets would increase noise levels by less than I dBA,
which would be less than significant. In general, noise increases of 3 dBA are barely perceptible to most
people. Noise generated by project residential activities is expected to be similar to noise generated by
adjacent or nearby residential uses and would not conflict with the existing residential noise environment
in the neighborhood.
Since the site is already developed with apartments, landscaping, and pool facility, noise associated with
residential activities (i.e., pool - related activities and operation of appliances and maintenance equipment
such as lawnmowers, blowers, etc.), no significant change in on -site operational noise would be expected.
FEBRUARY,2011 21
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
The pool facility is currently located in the southeast corner of the site, approximately 100 feet from
existing adjacent apartments to the south. Pool- related noise at adjacent uses would decrease with the
proposed project since the pool facility would be relocated northward to the center of the site where it
would be surrounded by existing and project apartment buildings. However, the proposed project would
increase proximity to.exi.sting_apartments.located adjacent to_ the project's southern boundary,..reducing
existing 100 to 200 -foot setbacks to 80 feet. Setbacks of 80 feet would still be adequate to minimize noise
compatibility problems related to residential noise.
Two trash enclosures are proposed, one at the northwestern project boundary and a second at the
southeastern project boundary. The northerly trash enclosure would be located approximately 45 feet
from an adjacent residence to the north. Since trash dumpsters are currently stored at this location, but
closer to this residence and not enclosed; provision of the enclosure farther from this residence would be a
beneficial effect. However, the second enclosure is located as close as 35 feet from existing adjacent
apartments to the south and there are currently no trash collection activities in this vicinity. Section
16.20 055 of the Noise Ordinance prohibits refuse' collection with a refuse collection vehicle between the
hours of 6:00 p.m. and 6:00 a.m. in a residential zone. Compliance with this ordinance would reduce any
potential impacts associated with this second trash enclosure to less than significant.
Noise Compatibility of Proposed Residences A detailed noise study was prepared by Edward L. Pack
Associates, Inc. (ELPA) in August 2010, and this report is included in Attachment 6 of the Initial Study.
As part of this study, continuous, 24 -hour noise measurements were taken on July and August, 2010 at
three locations on the site. The results of these measurements indicate that noise levels. exceed 65 dB
(DNL) just east of the existing pool and range between 60 and 65 dB (DNL) at and east of Rushmore
Lane (noise contour map is included in Attachment 6 of the_ Initial Study). West of Rushmore Lane, noise T
levels below 60 dB (DNL). Despite the proximity of the 17 freeway immediately east of the site L
and Los Gatos Creek, the existing freeway noise wall helps to reduce freeway noise. Noise exposure at
existing apartments located closest. to the freeway range from 62 dB (DNL) on the first floor to 64 dBA
(DNL) on the fourth floor. Under future conditions, freeway noise is expected to increase by slightly less
than 1 decibel.
To determine noise compatibility of the proposed use, noise levels at the site were compared to the
Town's outdoor noise goals specified in the Noise Element of the General Plan for new residential
developments. Policy N.P.1.7 of the Noise Element specifies outdoor noise limits of 55 dBA (L „ ( 24) ) for
open space uses and 55 dB (DNL) for residential uses, stating that these noise limits represent the "long
range community aspirations” and acknowledging that such goals may not be attainable at this time.
Noise exposure of proposed uses are estimated to, range between 58 and 66 dB (DNL) depending on the
floor with interior levels ranging between 43 and 51 dB (DNL). In general, existing and proposed
apartments located more than approximately 550 feet from the freeway centerline would be subject to
noise levels of 60 dB (DNL) less and noise impacts would less than significant. The proposed pool
facility would be subject to noise levels of 53 dB Leq(24) under existing and future conditions, which would
be consistent with Town noise goals specified in the Noise Element of the General Plan for open space
uses, a less- than - significant impact. However, within 550 feet, apartments would be subject to noise ,
levels above 60 dB (DNL) and noise impacts would be significant. In addition, proposed second and third
floor balconies facing the freeway would be exposed to noise levels above 65 dB (DNL), and this would .
also be a significant noise impact. Implementation of noise mitigation measures outlined below would be
required to maintain acceptable interior noise levels and outdoor levels at balconies.
However, even with these measures, the Town's 55 -dB (DNL) residential noise goal would not be met at
proposed apartments. The Town's Noise Element (Policy 9) states that these noise limits represent the
FEBRUARY, 2011 22
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
"long range community aspirations" and acknowledges that such goals may not be attainable at this time.
Such goals may be more appropriate for residential neighborhoods that are located away from major noise
sources (such as freeways or arterial roadways). In areas where the Town's noise goal cannot be met, the
Town also uses the State's land use compatibility noise guidelines as a criterion for defining significance
of a noise impact under CEQA. State guidelines define noise limits for multi - family residential uses as
follows: normally acceptable up to 65 dB (DNL) in exterior areas (balconies); conditionally acceptable
between 60 and 70 dB (DNL); normally unacceptable between 70 and 75 dB (DNL); and clearly
unacceptable above 75 dB (DNL).
__ .......... - - -- -- .... —... - -- ...... - ............. .--------- ------- .........
_ -..
In addition, Title 24, Part 2 of the California Code of Regulations contains requirements for construction
of new hotels, motels, apartment houses, and dwellings other than detached single - family dwellings
intended to limit the extent of noise transmitted into habitable spaces. For limiting noise transmitted
between adjacent dwelling units, Title 24 standards specify4he extent to which walls, doors, and floor -
ceiling assemblies must block or absorb sound, requiring a Sound Transmissions Class (STC) rating of 50
or higher in walls and floor /ceiling assemblies. As design details for the interior partitions of the
project are not currently available, an evaluation of the interior partitions has not been made. For limiting
noise from exterior sources, Title 24 specifies an interior standard of 45 dB (CNEL or DNL) in any
habitable room with all doors and windows closed and requires an acoustical analysis demonstrating 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 dB (CNEL or DNL). The ELPA noise study fulfills the Title 24
requirement of an acoustical study.
To reduce the significant noise impacts identified above for proposed apartments, the following noise
attenuation measures will be incorporated into the project design to ensure that interior and exterior noise
levels meet Title 24 interior noise limits and State noise guidelines for balconies, reducing identified
impacts to a less - than - significant level:
MITIGATION MEASURE 23: To achieve acceptable exterior noise levels on affected balconies, the
following design requirements shall be implemented:
a. To achieve compliance with the State's 65 -dB (DNL) exterior noise guideline, 42 -inch high
acoustically- effective railings shall be constructed on the balconies of second and third floor
units in Building 3 and the balconies of second and third floor balconies of the two units in
each stack of Building 4 within 320 feet of the freeway centerline (those that have a direct or
side view of the Highway 17 freeway). The balcony railing height is in reference to the
nearest balcony floor elevation.
To achieve an acoustically- effective balcony railing, it must be constructed air- tight (i.e.
without cracks, gaps, or other openings) and must provide for long -term durability, including
the balcony floor. The railings can be constructed of masonry, wood, concrete, stucco, metal
or a combination thereof, and must have minimum surface weight of 1.5 pound per square
feet. If wood fencing is used, homogenous sheet materials are preferable to conventional
wood fencing as the latter has a tendency to warp and form openings with age. However, high
' Under Normally Acceptable conditions, no special noise insulation requirements are needed. Under Conditionally Acceptable, a
detailed noise analysis and needed noise attenuation design measures are required, but conventional construction, but with closed
windows and fresh air supply systems or air conditioning will normally suffice. Where noise levels are considered Normally
Unacceptable, new construction is generally discouraged but if it proceeds, a detailed noise study and needed noise attenuation
design measures are required.
FEBRUARY,2011 23
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
quality, air -tight tongue -and- groove, board and batten, or shiplap construction can be used,
provided that the construction is air -tight and the minimum surface weight is met.
Translucent materials, such as glass, Lexan, or Plexiglas, may be incorporated into the
barriers. to_provide for light and_views, howey_er,.they_rnust have a_mminum thickness.of 3/16
inches to meet the"mmimum surface weight requirement. Downspouts and scuppers are
preferable over sheet draining, All connections with posts, pilasters, and the building shells
must be sealed air - tight. No openings are permitted between the upper railing components
and the balcony floor.
b. To achieve compliance with the Town of Los .Gatos Noise Element and Title 24 interior noise
standard of 45 dB (DNL), the following measures shall be implemented:
■ Building 2: All windows and glass, doors of living spaces on the north, east, and south
Si
facades of this building (except for the first -floor units on the north side facing the
swimming pool area), windows shall be maintained closed at all times. Windows and
glass doors shall have a minimum Sound Transmission Class (STC) rating of 27 and
some type of mechanical ventilation shall be provided.
■ Building 3: All windows and glass doors of living spaces on the north, east, and south
facades of this building shall be maintained closed at all times. Windows and glass doors
shall have a minimum Sound Transmission Class (STC) rating of 27 and some type of
mechanical ventilation shall be provided.
Building 4: All windows and glass doors of living spaces on the north, east, and south r tt
■ facades of this building (except for the four westerly first floor units located on the south"
side facing the swimming pool area, those closest to Building 7) shall be maintained
closed at all times. Windows and glass doors shall have a minimum Sound Transmission
Class (STC) rating of 27 and some type of mechanical ventilation shall be provided.
■ Building 7: Units in this building that will be renovated requiring a permit and
compliance with Title 24 shall maintain closed at all times all windows and glass doors of
living spaces on the north, east, and south facades of this building within 550 feet of the
centerline of the Highway 17 freeway (four -story portion of building with the exception
of the first floor units on the south side facing the swimming pool area). Windows and
glass doors shall have a minimum Sound Transmission Class (STC) rating of 27 and
some type of mechanical ventilation shall be provided.
When windows and doors are maintained closed for noise control, some type of mechanical
ventilation to assure a habitable environment must be. provided. The mechanical ventilation
requirements are specified in the Uniform Building Code (UBC) and described in Appendix
B of the ELPA study, which is included as Attachment 6 of the Initial Study. The windows
that are specified to be maintained closed are to be operable, as the requirement does not
imply a "fixed" condition. All other windows of the project and all bathroom windows may
have any type of glazing and may be kept opened as desired unless the bathroom is an
integral part of a living space without a closeable door, such as those sometimes found in a
master bedroom suite.
In addition to the required STC ratings, the windows and doors shall be installed in an
acoustically- effective manner. To achieve an acoustically- effective window construction, the
FEBRUARY,2011 2A
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
sliding window panels must form an air -tight seal when in the closed position and the
window frames must be caulked to the wall opening around their entire perimeter with the
non - hardening caulking compound to prevent sound infiltration. Exterior doors must seal air-
tight around the full perimeter when in the closed position and must meet Title 24
requirements for multi - family entry doors (STC 24).
The acoustical test report of all sound -rated windows and doors should be reviewed by a
qualified acoustician to ensure that the chosen windows and doors will be adequately reduce
traffi_c_,noise to.acceptable.aeYels.- Many__. dual- pane_.windows_and...glass _.door_assemblies...have-
inherent noise reduction problems in the traffic noise frequency spectrum due to resonance
that occurs within the air space between the window liter, and the noise reduction capabilities
vary from manufacturer to manufacturer.
MITIGATION MONITORING: The Building and Planning Divisions of the Community Development
Department will be responsible for ensuring these noise abatement measures are properly
incorporated into the project design.
13. Population and Housing: The proposed project would not induce substantial growth in the local
population, The Association of Bay Area Governments (ABAG) estimates that Los Gatos' population
will increase to 30,000 by 2020 from its current population of 28,810, an increase of 4 %. This increase
represents an annual growth rate of approximately 0.41% which is a decrease from the Town's I %
growth rate during the past three decades. The proposed 50 -unit project would increase the Town's
population by approximately 125 residents. This added population would represent an increase of 0.42 %,
which would be 42% of ABAG's estimated 1 % annual growth rate, a less- than - significant population
increase. The project would not extend new roadways or utilities to any undeveloped properties and
thereby, not induce new development.
There are currently 123 apartment units on the site and these units would be retained and no existing
housing or residents would be displaced as a result of the project. The project would add 50 apartment
units, increasing availability of rental housing units. In addition, the project would convert 25 of the
existing units to affordable units, and one below market price (BMP) unit would be developed within the
new developments.
A detailed evaluation of the population and housing conditions in the San Francisco Bay area, including
the Town of Los Gatos, has been prepared by the Association of Bay Area Governments (ABAG) as part
of its Projections 2009 assessment of population, housing, and employment for the region. This ABAG
report serves as a basis for the formulation of the Town's draft 2007 — 2014 Housing Element. ABAG's
Projections 2001 provided -the background data used for the Town's 2002 — 2007 Housing Element. The
Draft 2007 — 2014 Housing Element and its supporting technical analyses are incorporated herein by
reference.
As discussed in the draft Housing Element, regional governments are required by State law to estimate
and allocate the number of housing units needed among each member community. This estimated number
of housing units is called the Regional Housing Needs Allocation (RHNA) and is broken down by income
level with the goal of fairly distributing affordable housing throughout the region. The Town of Los Gatos
is located in Santa Clara County, one of the nine Bay Area counties that are represented by ABAG.
ABAG estimates the total RHNA for Los Gatos to be 562 housing units for the planning period starting
July 1, 2007 and ending June 30, 2014. The RHNA number presented in the draft Housing Element was
adjusted to account for residential units built, under construction, or approved since 2007. The adjusted
FEBRUARY,2011 25
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
t
RHNA is currently 521 dwelling units. The proposed 50 -unit project and provision of 26 BMP units
would help fulfill identified housing needs in the town.
14. Public Services: The project would not significantly increase demand for public services since this is
an in -fill development and services are already provided to apartments already on the project site as well
as adjacent residential uses to the north, west, and south.
The Santa Clara County Fire Department has'reviewed the proposed site plan for site access and water
supply, and the project will be required to meet Department requirements for minimum fire flow,
automatic fire sprinklers; hydrant spacmg/location building access requirements, etc. The project will be
required to install automatic fire sprinkler system`s in all proposed buildings in order to meet minimum
fire flow requirements. Adequate fire apparatus (ladder truck) access will need to be provided on the
project access roadways (including minimum unobstructed width of 30 feet, vertical clearance of 13 feet 6
inches, minimum turning radius of 45 feet outside and 31 feet inside, a maximum slope of 10 %, and
vehicle loading of 75,000 pounds); and roadway turnarounds will need to be provided and must meet
Department standards. The Fire Department also specifies timing of required access roadway installations
to ensure that adequate fire protection services can be provided during project construction. The proposed
plan will be subject to formal plan review by the Santa Clara County Fire Department to determine
compliance with adopted model codes.
The project would generate a minor increase in the Town population that would potentially result in
additional park use by future residents. The project's potential impact on the demand for recreational
facilities is discussed in Section 15, Recreation, below.
The project would add 17 new students to the elementary and middle schools. Project students would
likely attend Daves Avenue Elementary School, Fisher Middle School, and Los Gatos High School. The
Los Gatos Union School District is currently operating at or near capacity at all downtown schools,
including Daves School. To offset potential additional service costs for enrolling new students from the
proposed project, the Los Gatos Union School District and Los Gatos- Saratoga High School District will
charge the project applicant impact fees based on the size of residential units and by supplemental parcel
taxes on the new residential parcels. Payment of impact fees prior to issuance of building permits and
supplemental taxes would mitigate the project's impacts on school services to a less -than- significant
level.
15. Recreation: The proposed addition of 50 apartments would increase population, and thereby
increase the demand on existing recreational facilities. However, this increased demand would be
reduced to a less- than - significant level by proposed provision of a pool, `spa, and fitness center on the site.
The project would reduce common open space on the project site that is currently available to existing
residents, but parks and open space would be readily accessible to project residents. Oak Meadow Park
and Vasona Lake County Park are located approximately 1,100 feet (0.20 mile) to the north of the site.
16. Transportation and Traffic: The Town's Traffic Impact Policy (Resolution 1991 -174) requires
preparation of a detailed traffic study for any project with the potential to generate 20 or more additional
AM or PM peak hour trips. The Town's contract transportation engineering firm, TJKM Transportation
Consultants, has completed an assessment of potential traffic impacts resulting from the proposed project.
The traffic impact study is on file at the Town Community Development Department.
Trip Generation Based on the estimated trip generation for proposed uses (56 apartments), the project
would generate approximately 333 average daily trips, with 26 AM peak hour trips (5 inbound and 21
outbound) and 31 PM peak hour trips (21 inbound and 10 outbound).
FEBRUARY, 2011 26
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
Project- related Traffic Impacts TJKM evaluated the project's impact at the following intersections:
University Avenue/Blossom Hill Road (signalized), University Avenue/Roberts Road (all -way stop),
University Avenue /Andrews Avenue (all -way stop), University Avenue /Towne Terrace (one -way stop),
University Avenue /Chester Street (one -way stop), and University Avenue /Los Gatos Saratoga Road
(signalized and a CMP intersection). Under Existing Conditions, all study intersections operate
acceptably (LOS D or better) during the AM and PM peak hours. With 17 approved projects identified in
the project area (Existing Plus Approved [Background] Conditions), these intersections would continue to
operate acceptably (LOS D or better) during the AM and PM peak hours, with a negligible increase in
__delay__(less than..two.seconds.of average- g y). - With. the . -proposed project. (Background - Plus - Project - ..... -. ...__. _
Conditions), all study intersections are expected to continue operating at essentially the same level of
service as Existing Plus Background Conditions (LOS D or better) during the AM and PM peak hours.
When compared to Existing Conditions, all study intersections would operate at the same levels of service
with the proposed project except the University Avenue /Andrews Avenue intersection, where there would
be a 2- second increase in delay during the PM peak hour and service level operation would change from
B to C. Despite the increased delay, this reduction in service level operation would be less than significant
when compared to the Town's significance threshold (as defined by General Plan Policy TRA -3.4) of not
more than one level if the intersection is currently operating at Level A, B, or C.
The TJKM study also concluded that the there is sufficient roadway capacity on the Towne Terrace and
University Avenue study segments to accommodate proposed project trips. With addition of traffic
generated'by approved projects and the proposed project, study segments would operate within acceptable
capacity limits (LOS B) during the PM peak hour.
TJKM also analyzed the project's impact on queuing /stacking at the one -way stop control of the
University Avenue/Towne Terrace intersection and estimated a 95"` percentile queue of one vehicle (or 25 '
feet) for the stop - control approach at this intersection. With addition of project- related traffic, this queue
is expected to remain at 25 feet.
TJKM evaluated the project's impact on the segments of Highway 17 freeway from Saratoga Avenue to
Lark Avenue in both directions. Project- related traffic increases would add less than I% of the study
segment volumes during both the a.m. and p.m, peak hours. Based on CMP LOS criteria, such increases
would be less than significant.
Traffic c Safety The proposed project is expected to have little or no impact on the collision rate (or safety)
at study intersections or study road segments. Based on the 2004 Accident Data for California State
Highways, the average statewide accident rate is 0.58 accidents per million vehicles for four- legged,
suburban signalized intersections and 0.34 accidents per million vehicles for suburban, unsignalized
intersections. Based on collision reports obtained from Town staff for the last four years (January 1, 2005
to December 31, 2008) and existing peak hour turning movement counts, the collision rates for all study
intersections are below the statewide average collision rates. Therefore, the proposed project is not
expected to have a significant impact on future collision rates.
4 The Santa Clara Valley Transportation Authority's Congestion Management Program (CMP) LOS standard is LOS E. If the
analysis shows that a development project is projected to cause traffic LOS on a CMP intersection to fall from LOS E or better to
LOS F under project conditions, the project is considered to have a significant impact on that intersection. One of the study
intersections (University Avenue/Los Gatos Saratoga Road) is a CMP intersection.
FEBRUARY,2011 27
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
Pedestrian Bicycle, and Transit Access At present, there are sidewalks along both sides of University
Avenue and Towne Terrace in the project vicinity. These sidewalks are expected to be adequate for
handling pedestrian traffic generated by the project
.Currently,-there-are no..strip.ed-bike..Ianes along Uruversity.Avenue and Towne_Terrace.xn theyrcirity._of
the project site and project- related bike traffic would share the roadway with motorized vehicles. This
proje.ct is not expected to significantly increase bicycle traffic, and therefore, no significant impact on
roadway capacity is expected.
Based on TJKM's field observations; Bus Li ne 48 (VTA - Valley Transportation Authority) runs along
North Santa Cruz Avenue and Winchester Boulevard in the vicinity of the project site.. The nearest bus
stop for the proposed project site is for Lme` 48 at the intersection of N. Santa Cruz Avenue /Andrews
Street. The proposed project snot expected to result in*a significant increase demand for transit services.
Based on the accident history of this intersection described above e' Umversity Avenue/Towne Terrace
intersection is not considered unsafe for pedestrians However, as a condition of project approval, the
Town will require the project to install a raised pedestrian refuge island (pork -chop island) on the
westbound approach of Towne Terrace at University Avenue to improve the safety of crossing
pedestrians and turning vehicles. This pork -chop island separates westbound left -turn and right -turn
movements.
Access and Parkin e . Currently, the access to Riviera Terrace Apartments project site is via Millbrae Lane
and Rushmore Lane onto Riviera Drive, a private road for the Riviera Terrace Apartments. Both Millbrae
Lane and Rushmore Lane connect with Towne Terrace. Addition of the project trips is not expected to
cause significant impacts on these streets. It should be noted that Millbrae Lane and Rushmore Lane dead
end at Riviera Drive, An emergency vehicle would have to use the private road for turn - around.
Currently, the apartment complex has 62 covered and 102 open surface -lot parking spaces. With the
proposed project, an additional 59 covered and 38 open surface -lot parking spaces would be developed
(total of 97 spaces), resulting in a total of 261 spaces (121 covered and 140 open surface -lot parking
spaces). The Town Code would require provision of one and one -half spaces per unit in multiple -unit
dwellings or 260 spaces based on 173 units. With a total of 261 spaces, the proposed project would meet
Town parking requirements and parking impacts associated with the project would be less than
significant.
Cumulative Impacts TJKM identifies 8 pending projects that could contribute a. total of 378 AM peak
hour trips and 373 PM peak hour trips onto the Los Gatos street network. When traffic from pending
projects are added (Background Plus Project Plus Pending Conditions), study intersections are expected
to operate acceptably and at essentially the same level of service as under Background Plus Project
Conditions, LOS D or better during the AM and PM peak hours. _.
17. Utilities and Service Systems: Utilities are currently provided to existing apartment buildings on the
site as well as adjacent residential properties to the north, west, and south. This project is considered an
in -fill development and the West Valley Sanitation District indicates that the existing 12 -inch sanitary
sewer line that crosses the property just to the west of Building 2 is capable of accommodating increased
flows associated with the project. There are various sewer easements that traverse the project site, and
some will be vacated while other retained.
Water, electricity, and gas would be extended to proposed buildings from existing lines located in the
project's access road that extends along the southern project boundary. Existing and proposed storm
FEBRUARY, 2011 20
MITIGATED NEGATIVE DECLARATION — RIVIERA TERRACE APARTMENTS
drainage facilities are discussed in Section 9, Hydrology and Water Quality. Requirement of the Santa
Clara County Fire Department are described above in Section 14, Public Services.
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 Co unity Development
i
FEBRUARY,2011 29
This Page
Intentionally
Left Blank
ERRATA SHEET
MITIGATED NEGATIVE DECLARATION
RIVIERA TERRACE APARTMENTS
135 RIVIERA DRIVE
LOS GATOS, CALIFORNIA
PLANNED DEVELOPMENT APPLICATION PD -10 -001
MITIGATED NEGATIVE DECLARATION ND -10 -001
Based on new information released by the Bay Area Air Quality Management District
(BAAQMD), the following text changes have been made to Mitigated Negative Declaration
(MND). None of the text changes would result in new significant environmental impacts not
previously disclosed in the MND.
Changes and clarifications to the MND text, as outlined below, were initiated by staff subsequent
to publication of the MND to clarify content, add additional information received after the release
of the MND, and/or to correct the content in the MND. The following changes should be made in
the MND dated April 2011 (added text is underlined and deleted text is shown as sue ) ;
I
Air Quality
Page 5, last paragraph, and page 6, paragraphs 1 through 7:
The screening -level estimates for the State Route 17 freeway alone, with eF and without the
project, indie t° the peteagal to would not exceed the BAAQMD's individual project
significance threshold of 10 in a million b f•
eterAi lly ; ;, „t • Therefore, this impact
would be less than significant, Fi:ee t. ay related Fis 1&vels are b ase d r th A ,
estimates fi-em URBgNUS Model, whieh GARB indieates ever pr-ediets PPM efflis4elis�
b unmiti
levels naueh as twe 44r-ds of these estimated
b
si level. It is also impoi4ai# to nate that risk And eth
ve4iele emissiens will deer-ease ever 4me as eleanef teelanalegies are phased i-Hte use Thp
CARB
regulations to r-eduee PPM emissians and the asseeiated health risk by 85 par-eent by 2929.
b
0
St4a Route 17 freeway. dae b a ll 1l
,-o. u ee this i-mpaet to a less than s•ig t l eve l (b t 1 B A A QMD'' , ,
r b � v - -
tb fe e olds) when those fa e t ers are t a k en t
'Bay Area Air Quality Management District, County Surface Street Screening Tables, April 29, 2011
z
I1,. T,., .,7. A., ,7,.
4
..
gegt€ ber 3, 2-014,
EXHIBIT 3
1 I LyrYf� .l\EXTAMN
Buildin Di'48iens of the GeMnffi+Pdt
ensurin Develepment Pepartme-fit will be responsible for that these measures are reA 06te in
final r Y je r r r , t p l „d pi:epe J� -l< i a + t
6 vrr
When evaluating the project's contribution to cumulative risks and hazards impact, the combined
risk of 8-7-.5 <14.5 from both permitted and freeway sources would not exceed the BAAQMD's
cumulative threshold of 100 in a million. Given the very small increase in freeway- related DPM
emissions attributable to the proposed project, the cumulative risk with additions from the
proposed project would still not exceed the cumulative threshold. Therefore, project - related DPM
emissions would be less than cumulatively considerable (less than significant).
Biological Resources
Page 9, Mitigation Measure 12:
12. As additional compensation for construction within the riparian zone, the
following measures shall be incorporated into the project design:
a. In order to prevent the incremental degradation of preserved habitats
security night lighting (street lamps parking lights etc) shall be desig
so that lights face toward the development and not toward the creek or
riparian habitat.
u: b. An invasive species eradication program shall be implemented for the
segment of Los Gatos Creek (both banks) in line with the upstream and
downstream property boundaries.
1} c. A qualified Restorationist shall be retained at the applicant's expense to
survey the creek segment to identify invasive species to be eradicated. A
qualified Contractor shall be hired at the applicant's expense to implement
the Restorationist's recommendations. It is anticipated that the effort
would target giant reed, eucalyptus, privet, Himalayan blackberry, smilo
grass, and sweet fennel, or any other possible species identified by the
Restorationist.
_� ♦
_
1 I PATSIN
♦
_
_
pomp
•
I
1 I LyrYf� .l\EXTAMN
Buildin Di'48iens of the GeMnffi+Pdt
ensurin Develepment Pepartme-fit will be responsible for that these measures are reA 06te in
final r Y je r r r , t p l „d pi:epe J� -l< i a + t
6 vrr
When evaluating the project's contribution to cumulative risks and hazards impact, the combined
risk of 8-7-.5 <14.5 from both permitted and freeway sources would not exceed the BAAQMD's
cumulative threshold of 100 in a million. Given the very small increase in freeway- related DPM
emissions attributable to the proposed project, the cumulative risk with additions from the
proposed project would still not exceed the cumulative threshold. Therefore, project - related DPM
emissions would be less than cumulatively considerable (less than significant).
Biological Resources
Page 9, Mitigation Measure 12:
12. As additional compensation for construction within the riparian zone, the
following measures shall be incorporated into the project design:
a. In order to prevent the incremental degradation of preserved habitats
security night lighting (street lamps parking lights etc) shall be desig
so that lights face toward the development and not toward the creek or
riparian habitat.
u: b. An invasive species eradication program shall be implemented for the
segment of Los Gatos Creek (both banks) in line with the upstream and
downstream property boundaries.
1} c. A qualified Restorationist shall be retained at the applicant's expense to
survey the creek segment to identify invasive species to be eradicated. A
qualified Contractor shall be hired at the applicant's expense to implement
the Restorationist's recommendations. It is anticipated that the effort
would target giant reed, eucalyptus, privet, Himalayan blackberry, smilo
grass, and sweet fennel, or any other possible species identified by the
Restorationist.
e: d. The Restorationist shall provide guidance to the Contractor regarding
appropriate eradication techniques.
d: L. Upon completion of work, the Restorationist shall conduct an inspection
and submit a report to the Director of Community Development. If the
Contractor's work was incomplete or unsatisfactory, Contractor shall
continue his /her work until the Restorationist signs ' o ff.
C—. f. The Restorationist shall conduct an annual inspection of the creek section
for a period not less than five years. If significant recolonization by
invasive species is identified, the applicant shall be responsible for
implementing further eradication efforts.
g_ At the end of five years, if the applicant's efforts have been satisfactory as
reported by the Restorationist, the applicant's obligations shall be deemed
complete. If the applicant's efforts are deemed unsatisfactory by the
Town, the invasive species eradication program shall be continued for an
additional five years.
Hydrology and Water Quality
Page 17, paragraph 7:
The Association of Bay Area Governments has compiled a database of Dam Failure Inundation
Hazard Maps. The generalized hazard maps were prepared by dam owners as required by the
State Office of Emergency Services; they are intended for planning purposes only. Based on
CEG's review of these maps, the far eastern portion of the site appears to be located within a dam
failure inundation area for Lexington and Elsman Reservoirs located south of the site. Regular
inspections by the Division of Dam Safety as well as ongoing efforts to strengthen/modify dams
and spillways by the SCVWD and San Jose Water Company as necessary help to ensure the
structural safety of the reservoirs in Santa Clara County. Therefore, inundation hazards due to
dam failure are not considered to be any greater at the project site than in other areas located
downstream of this dam.
3 ABAG, 1995. Dam Faihire Inundation Hazard Map for SW San Jose. Information provided through the
ABAG website: http:// www. abag.ca.gov /cgi- bin/pickda=.pl.
This Page
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4
UIFR 61GEIER CONSULTING, INC.
1M •. a 11
To: Suzanne Davis, Town of Los Gatos
From: Fritz Geier
Date: May 19, 2011
Subject: Clarifications Responding to CEQA- related Comments Submitted on the Initial Study
and Mitigated Negative Declaration (MND) for Riviera Terrace Apartments, 135
Riviera Drive, Planned Development Application PD -10 -001, Negative Declaration
ND -10 -001
Prior to approving or denying a project, Section 15074(b) of the California Environmental Quality Act
(CEQA) requires the decision- making body of the Lead Agency (Town Council) to adopt the proposed
Mitigated Negative Declaration (MND) "only if it finds on the basis of the whole record before it
(including the Initial Study (IS) and any comments received) that there is no substantial evidence that the
project will have a significant effect on the environment and that the MND reflects the lead agency's
independent judgment and analysis." Although CEQA does not specifically require that formal responses
be prepared for any comments received on an IS /MND, we are providing the following clarifications in
response to written comments received from the Santa Clara Valley Water District (SCVWD) in a letter
dated April 6, 2011, prior to the close of the public review period. Neither these clarifications nor the
comments raised identify any new significant impacts or require substantial revisions to the IS /MND.
Therefore, recirculation of the IS/MND would not be required.
SCVWD Comments
The comments pertaining to CEQA and clarifications addressing these comments are organized
sequentially according to presentation in the Initial Study.
Project Description
Comment 1: "Page 3 needs to note a District permit will be required for all workproposed within the
District's easement. "
Clarification: The Errata Sheets for the Initial Study and Mitigated Negative Declaration identify the
Santa Clara Valley Water District as a permitting agency. The applicant is aware of the
need for a District permit for any work within the District's easement.
P.O. Bas 505 -t • Berkeley. CA 94 -05 - 5054 • 510.644,2 • 510.644.253 F.IY tt F• i•.t airrcontiulti «�.cnm
EXHIBIT 5
Memo to Suzanne Davis
May 19, 2011
Page 2 of 7
Biological Resources
Comment 2: "Page 13 argues that the riparian corridor has limited function and value as habitat;
however, on page 11 the document discusses the creek as having fair to good habitat for
a variety of aquatic, amphibious organisms. "'
Clarification: The assessment of limited habitat value cited on page 13 of the Initial Study refers to that
portion of the sycamore canopy overlapping the existing pavement, lawn and landscaping
within the fenceline of the property. As the Initial Study explains in paragraph 5 on page
13, "the functions and values of this habitat on site are limited due to a complete lack of
understory trees, shrubs and vines. In addition, human activity associated with parking
and recreational use of the apartment's facilities, as well as pedestrian traffic on Los
Gatos Creek Trail, further limit the value of the riparian habitat to wildlife." The
assessment of fair to good habitat value cited on page 11 refers to the active channel of
Los Gatos Creek.
Comment 3: "The District would agree that the project is not consistent with the Guidelines and
Standards for Land Use Near Streams as noted on page 13. "
Clarification: Comment noted.
Comment 4: "The new parking lot is proposed to be 10 feet from the west bank of Los Gatos Creek
which is a minimal setbackfor limiting impacts to the riparian habitat andfor allowing
sufficient room for future channel improvements including bank repairs and habitat
restoration /enhancement that may be necessary. The document does not provide
information regarding the condition of the creek bank (eroded, steep, etc) to aid in
determining if this setback is adequate for protecting the parking lot from bank erosion
and allowing room for "soft" bank repairs that are typically required by the regulatory
agency or if the proposed improvements will be located outside of the 2:1 slope stability
protection area, as defined in the Guidelines and Standards for Land Use Near Streams.
Though the District has an easement over the creek at the project site, that does not
obligate the District to maintain and /or repair the creek banks to protect private
improvements nor does it relieve the property owner from ensuring improvements are
constructed and sited in consideration of the risk of bank erosion and failure that may
occur. "
Clarification: Sheets C1.0 and C1.1 of the project plans indicate that the proposed parking lot would be
constructed in the same location as the existing parking lot, with additional parking area
to be extended to the turf - covered recreation area in the northeast corner of the site. All of
the new parking facilities would be limited to the existing, developed portion of the site
that is separated from active channel of Los Gatos Creek by a fence and a gradually
sloping bank densely vegetated primarily with non - native grasses, forbs, and vine. A few
mature California sycamore trees, willows, black walnuts, and eucalyptus trees are also
present on the bank nearest the subject property's fence. At the time of the reconnaissance
survey conducted for the site assessment, there was no evidence of bank sloughing or
erosion below the property line. Bank repairs /stabilization were not identified as
currently warranted by the geotechnical study prepared for the project site. The applicant
is aware of the geological and soils constraints that apply to the existing and proposed
Memo to Suzanne Davis
May 19, 2011
Page 3 of 7
development. The Town's design review process will ensure that all of the geotechnical
and soils engineering recommendations are incorporated into the proposed development.
Comment S: - "A larger and more active parking area will have more impact than the existing smaller,
out of the way parking area. As noted in the report, riparian vegetation has a vital role in
maintaining stream stability, providing valuable wildlife habitat, moderating downstream
flooding, and regulating water quality by filtering pollutants. "
Clarification: The comment is unclear regarding which impacts are raised for consideration. The
development of Building 4 and the extension of the parking lot would replace a turf
recreation field and remove four trees: a sycamore, an avocado, a strawberry tree, and a
white birch. This new development would occur within the existing development
envelope of the site.
Comment 6: "The Biological Resources discussion concludes that development is "not likely" to have
an impact on the riparian corridor on the general basis that the proposed project is no
worse than the existing condition; however, the project intensifies the use near the creek
and does little (small area of invasive species eradication) to improve the riparian
corridor. Although the prior project /existing condition has impacted the riparian
corridor, we support protection /betterment of the riparian corridor as Los Gatos Creek
continues to be a significant resource and riparian habitat in this urban environment. "
Clarification: Mitigation Measures 11 and 12 provide extensive requirements for the planting of
replacement trees and the elimination of invasive plant species, which will permit native
species to re- establish within the riparian corridor. Mitigation Measure 11 stipulates that
the project could plant replacement trees that would enhance the condition of the riparian
corridor with the agreement of the District; however, this may not be feasible on
properties with District control and oversight (see Comment 7). The Town agrees that the
riparian habitat represents a significant local and regional resource and fully expects that
in the context of regulatory permitting (e.g. through the Santa Clara Valley Water District,
California Department of Fish and Game, and Regional Water Quality Control Board),
riparian enhancements will be made part of the project description.
Comment 7: "Many of the statements as to why the impacts of the project on the riparian habitat are
not significant relates to the type of cumulative impacts that over time have limited the
biologic viability of Los Gatos Creek. Yet under the Mandatory Findings of Significance
the document simply checks off the "cumulative considerable" question as "No Impact"
with no supporting discussion of how increasing human activity and development
adjacent to the creek cumulatively impacts the riparian habitat. "
Clarification: The Town of Los Gatos recently completed its approval of the 2020 General Plan, along
with extensive environmental analyses and certification of an environmental impact report
(E1R) for the General Plan. General Plan Policy ENV -4.2 calls for coordination with the
CDFG, USFWS and other appropriate agencies to protect wildlife species and habitats.
Implementation of the 2020 General Plan goals, policies and actions, as well as State and
federal regulatory requirements and the Town's extensive review process for new
developments, would reduce cumulative impacts to wildlife corridors and nursery sites to
a less -than- significant level.
Memo to Suzanne Davis
May 19, 2011
Page 4 of 7
Comment 8: "Mitigation measure #11 includes planting replacement trees for the loss of the native
sycamore off -site on District property. The District does not allow mitigation of non -
District projects on District property. "
Clarification: Comment noted. However, Mitigation Measure 11 specifies, "If replacement trees cannot
be reasonably placed on the subject property or on the banks of the creek channel, the
value of the trees to be removed shall be paid to the Town Forest Fund to add or replace
trees on public property." The Town may use such funds for 'riparian corridor
improvement along other sections of Los Gatos Creek.
Comment 9: "The trees proposed as mitigation for the loss of the native sycamore, mitigation measure
#11, need to comply with the Guidelines and Standards for Land Use Near Streams, if the
trees will be planted within the riparian corridor or directly adjacent to the creek. "
Clarification: The Town is committed to implementing the provisions of the Guidelines and Standards
for Land Use Near Streams to the maximum extent feasible, as well as the provisions of
the Town's Tree Protection Ordinance,
Comment 10: "Mitigation measure #12a notes that the invasive species eradication program is to
encompass both banks of Los Gatos Creek,: however, it appear that the east bank is not
located on the applicant's property but on Caltrans property. The IS/MND does not make
reference to having approval to complete mitigation on another party's property,
Therefore, it is unclear if this mitigation measure is fully implementable and will result in
the desired outcome if the eradication area is less than described in the document. "
Clarification: The Town recognizes that any proposed creel, enhancement would require coordination
with and permission from multiple landowners including Caltrans and SCVWD. The
applicant's consultant team has worked with Caltrans in the past and has found that
Caltrans is generally amenable to this form of mitigation in its lands. As a result, the
Town would facilitate and promote appropriate agreements between the applicant and
responsible agencies to implement the provisions of Mitigation Measure 12.
Comment 11: "Mitigation measure #12 on page 14 for encroachment into the riparian corridor calls
for an invasive species eradication program. Such a program in the absence of
restoration of native plants will likely result in the re- colonization of invasive species.
Although the measure calls for five years of monitoring and further eradication efforts,
this is the type of measure that is typically forgotten as time goes on, and the benefit of
measure is never realized. The document should note how the Town will ensure
compliance with this mitigation measure. "
Clarification: The comment is correct in that riparian corridor restoration entails planting of native
species as well as eradication of invasive species. However, as noted in Comment 8, the
SCVWD does not permit mitigation on District property for non - District projects. The
Town supports any attempts to eradicate invasive species, e.g. giant reed (Arundo donax),
since this would represent a useful enhancement of the Los Gatos Creek riparian corridor,
even without replanting. This invasive species threatens healthy riparian environments
and is common in Los Gatos Creek in the vicinity of the proposed project. As required by
California PRC § 21081.6, the Town will adopt a reporting and/or monitoring program
Memo to Suzanne Davis
May 19, 2011
Page 5 of 7
that ensure compliance with conditions placed upon the project and implementation of the
mitigation measures required for the project.
Comment 12: "Trees replaced as part of the mitigation measure #13 need to comply with the Guidelines
and Standards for Land Use Near Streams. "
Clarification: Please see clarification to Comment 9.
Comment 13: "The project includes reconstruction of parking areas around trees located near the top
Of
bank. This reconstruction requires excavationlgrading in the root zone, and construction
of a more substantial pavement section next to the trees which may impact the viability of
these trees located within the riparian corridor. "
Clarification: Any work within the dripline or root protection zone of any tree regulated under the
Town's Tree Protection Ordinance shall conform to the Ordinance. Appropriate
protective measures, as recommended by a certified arborist, shall be developed and
adhered to for all trees to be preserved; any trees that cannot be adequately protected shall
be considered lost, and mitigated as required by the Ordinance. The recommendations of
Town's consulting arborist are required mitigation per Mitigation Measure 13, and are
included in Attachment 3 of the Initial Study.
Comment 14: "The flooding discussion is unclear and conflicts with the information shown on
Attachment 2. The site located on FEMA FIRMMap Number 06085CO376H, effective
date May 18, 2009, and the majority of the site is located within a shaded Zone X, areas
of 0.2% annual chance flood or areas of I% annual chance flood with average depths of
less than 1 foot. The ISIWD incorrectly uses the definition of an unshaded Zone X
instead of a shaded Zone X. In addition, a portion of the site along Los Gatos Creek is
located in a special flood hazard Zone AE with Base Flood Elevations (BFE) determined
and this area extends onto the proposed parking areas, which is beyond the "active creek
channel" as noted on page 26. The document should be revised for accuracy and should
further discuss the impact of flooding on the development and the impacts of the
development on flooding. "
Clarification: The applicant's geotechnical consultant has prepared a letter of clarification and it is
attached to this memorandum. In brief, the letter updates and corrects the information
concerning Flood Zone definitions. With regard to flooding hazards, the locations of all
proposed residential structures and the majority of the proposed parking area would
remain within the current development area on the project site and proposed development
would be subjected to the level of flood hazard similar to existing site facilities.
As indicated in the December 22, 2010 memorandum (Initial Study Attachment 5) from
EOA, the Town's contract environmental engineer, the site design is required to limit
post - project runoff to pre - project levels. The implementation of this design element would
comply with hydromodification control requirements in the Town's NPDES Permit
Provision C.3.
Hydrology and Water Quality
Memo to Suzanne Davis
May 19, 2011
Page 6 of 7
Comment 1 S; "The discussion on page 26 of dam inundation areas should note that the Lake Eisman is
owned and operated by the San Jose Water Company, not the District as implied. "
Clarification: The Errata Sheets for the Initial Study and Mitigated Negative Declaration identify the
San Jose Water Company as the owner responsible for Lake Elsman.
Comment 16: "Page 27 notes that the storm drain media filter system will be located immediately
upstream of the outfall to the creek; however, it is not clear if this system will be located
within the proposed development envelope or whether this system and /or work to install it
will encroach past the creek top of bank, as additional environmental impacts from such
work may occur. "
Clarification: Plan Sheet C3.4 shows that the proposed location of the media filtration system (MFS) is
in the southeast corner of the rebuilt parking lot, within the existing and proposed
development envelope.
Comment 17: "Plan C3.1 shows in addition to the twin 10 -inch diameter outfalls, a 6 -inch diameter
outfall. The applicant should verb that the slope protection is appropriate and in good
condition at all discharge points to Los Gatos Creek. "
Clarification: Comment noted. The District's recommendation will be incorporated into the conditions
of project approval.
Comment 18: "Lighting in areas adjacent to the riparian corridor should be placed and designed to
direct lighting away from the riparian corridor. This should be included as measure to
protect the riparian habitat from further indirect impacts, "
Clarification: The potential indirect effects of lighting were noted on page 7 of the Initial Study and
additional mitigation would be appropriate for this potential effect. The following
mitigation measure has been clarified and revised to state:
12, As additional compensation for construction within the riparian zone, the following
measures shall be incorporated into the project design;
a. In order to prevent the incremental degradation of preserved habitats, security
night lighting (street lamps,. parking lights, etc) shall be designed so that lights
face toward the development and not toward the creek or riparian habitat.
b. An invasive species eradication program shall be implemented for the segment of
Los Gatos Creek (both banks) in line with the upstream and downstream property
boundaries.
c. A qualified Restorationist shall be retained at the applicant's expense to survey
the creek segment to identify invasive species to be eradicated. A qualified
Contractor shall be hired at the applicant's expense to implement the
Restorationist's recommendations. It is anticipated that the effort would target
giant reed, eucalyptus, privet, Himalayan blackberry, smilo grass, and sweet
fennel, or any otherpossible species identified by the Restorationist.
Memo to Suzanne Davis
May 19, 2011
Page 7of7
d. The Restorationist shall provide guidance to the Contractor regarding
appropriate eradication techniques.
e. Upon completion of work, the Restorationist shall conduct an inspection and
submit a report to the Director of Community Development. If the Contractor's
work was incomplete or unsatisfactory, Contractor shall continue his /her work
until the Restorationist signs off.
f. The Restorationist shall conduct an annual inspection of the creek section for a
period not less than five years. If significant recolonization by invasive species is
identified, the applicant shall be responsible for implementing further eradication
efforts.
g. At the end of five years, if the applicant's efforts have been satisfactory as
reported by the Restorationist, the applicant's obligations shall be deemed
complete. If the applicant's efforts are deemed unsatisfactory by the Town, the
invasive species eradication program shall be continued for an additional five
years.
Comment 19: "The project needs to consider impacts if the District exercises its easement rights which
may necessitate removal of improvements within the easement area. "
Clarification: The project applicant is aware that the District's easement could affect project facilities.
For the purposes of CEQA review, Section 15064(d)(3) indicates that "an indirect physical change is to
be considered only if that change is a reasonably foreseeable impact which maybe caused by the project.
A change which is speculative or unlikely to occur is not reasonably foreseeable." The comment
speculates that District may exercise its easement rights and may remove improvements within the
easement area.
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PLANNING COMMISSION — JULY 13, 2011
REQUIRED FINDINGS FOR:
135 Riviera Drive
Planned Development Application PD -10 -001
Negative Declaration ND -10 -001
Requesting approval of a Planned Development for renovation and expansion of an existing
apartment complex (Riviera Terrace) on property zoned RM:12 -20. No significant enviromnental
impacts have been identified as a result of this project and a Mitigated Negative Declaration is
recommended. APNs 529 -13 -016, 529-09-027,031, and 034.
PROPERTY OWNER/APPLICANT: Sobrato Interests IV
FINDINGS:
Required consistency with the Town's General Plan:
The proposed Zone Change is internally consistent with the General Plan and its elements.
As required by the Town's Traffic Impact Policy for community benefit:
The project will contribute quality rental housing and 26 affordable units to the Town's
housing stock. Upgrades to the complex including a new pool and spa, leasing center and
resident lounge, barbecue area, fitness center and landscaped areas will provide a better quality
of life for residents of Riviera Terrace. Other project benefits are outlined in the community
benefit section of the staff report for the July 13, 2011 Planning Commission Hearing (page
12).
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EXHIBIT 6
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I
TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95030 (408) 354 -6872
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SUMMARY OF DISCUSSION OF A REGULAR MEETING OF THE CONCEPTUAL
DEVELOPMENT ADVISORY COMMITTEE OF THE TOWN OF LOS GATOS FOR
JANUARY 13, 2010, HELD IN THE TOWN COUNCIL CHAMBERS; CIVIC CENTER, 110
EAST MAIN STREET, LOS GATOS, CALIFORNIA.
The meeting was called to order at 4:35 p.m. by Mayor Diane McNutt
ATTENDANCE
Members Present: Diane McNutt, Steve Rice, Marico Sayoc, Joanne Talesfore
Absences: Phil Micciche
Staff Present: Wendie R. Rooney, Director of Community Development; Suzanne Davis,
Associate Planner
Public: Tim Steele and Richard Trumpler, Sobrato Development; Jim Guthrie, Architect
ITEM 1: 135 Riviera Drive
CDAC Application CD -10 -001
Requesting consideration of conceptual plans for renovation and expansion of an
existing apartment complex (Riviera Terrace) on property zoned RAI:12 -20. APNs
529 -13 -016, 529 -09 -027, 031 & 034.
PROPERTY OWNER: Sobrato Interest IV
APPLICANT: Tim Steele
Tim Steele presented the proposal noting that the Riviera Terrace Apartments were built in the 60's.
There are 123 apartments (102 are one- bedroom and 21 are two- bedroom units). The buildings step
up with the terrain and are three stories. The highest building section is about 55 feet. All of the
apartments are market rate units. There are no on -site amenities other than a pool. Sobrato is
looking for a way to add and justify amenities. In 2001 a CDAC application for the site was
submitted that proposed to double the number of units. The main concern was that the project was
too dense.
The objective with the revised proposed project is to improve and enhance the property and to add
needed amenities. Fifty -six (56) units would be added. Fifty percent would be two- bedroom and
50% would be one - bedroom units. The units would be townhouse style, similar to those at the rear of
the Aventino project site. Senior housing could possibly be incorporated. A pool and spa,
clubhouse, fitness center and a more prominent project entry at Rushmore would be added. The site
slopes gently from west to east. Parking is currently at a 1.33 ratio (spaces /unit). Parking is
adequate for the existing apartments. The proposed parking ratio is 1.44 spaces /unit. The County
Fire Department reviewed the plans and sees an opportunity to improve and enhance fire access and
to provide more hydrants for fire suppression. Sobrato is a good long -term property owner.
EXHIBIT 7
CDAC Minutes
January 13, 2010
Page 2
Committee Comments:
• The blend between old and new units is important; blend or reface the current buildings
• It is important to blend the architecture; the existing buildings are in need of a facelift
• Consider the interface between the old and new buildings
• Architectural details and character are needed
• Keep in mind that a neighborhood is being created; blending of the architecture is key
• BMP units are a highly desirable component of the plan
• Provide as many affordable units as possible
• Supportive of the site layout
• Stepping the buildings down is desirable
• Retain the open space feel that currently exists
• Access to the adjacent open space along the creek is a great opportunity
• Connections to the trail are desirable
• Keep the ratio of open space to development in mind as plans are developed
• Provide adequate parking
• Parking in the surrounding neighborhood appears to be at capacity; on -site parking needs
to accommodate the project
• Traffic is a concern and needs to be addressed
• Support the project concept
• Consider breaking up the new buildings (less linear)
• Preservation of Los Gatos Creek is important
• Contact the Los Gatos School District to discuss project impact
• Noise from Highway 17 needs to be addressed
ADJOURNMENT The meeting was adjourned at 5:20 p.m. The next regular meeting of the
Conceptual Development Advisory Committee is Wednesday, February 10,
2010.
Prepared by:
Wendie R. Rooney
Community Development Director
cc: Planning Commission Chair
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