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Attach 1,2,3NOTICE Town of Los Gatos Environmental Impact Review Mitigated Negative Declaration Lead Agency: Town of Los Gatos Community Development Department 110 East Main Street Los Gatos, CA 95031 Project Title and Location: 339 Bella Vista Avenue Architecture and Site Application S -06 -46 Subdivision Application M -06 -09 Negative Declaration ND -08 -02 RECEIVED JEAN 10 20il I TOWN OF LOB GATOS PLANNING DIVISION Project Description: The project sponsor is requesting Lot Line Adjustment' and Architecture and Site approvals for construction of one single- family residence on the west side of Bella Vista Avenue, just north of Bella Vista's bridge over Los Gatos — Saratoga Road. The project sponsor proposes to reduce the project site's existing lot size from 6,049 square feet (s.f.) to 4,915 s.f., and construct a single-family residence on the reconfigured lot (indicated as Lot Two on the site plan dated October 27, 2007), This parcel's (APN 529 -23 -015) southern property line would be relocated northward and the size of the immediately adjoining parcel (APN 529 -23 -016) to the south would be increased from 4,106 s.f. to 5,240 s.f. The proposed residence would be 2,760 s.f. (including the cellar and garage). The proposed residence would have one main floor encompassing 1,038 s.f. and an attached garage (441 s.f.) at street level. Below street level, a lower floor would consist of 1,281 s.f., including a cellar area of 399 s.f. Access to the residence would be provided from Bella Vista Avenue to the garage by a proposed 19 -foot wide driveway that would be approximately 22 feet long. The proposed garage would be 441 s.f. and attached to the main floor of the proposed residence. Determination: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures listed below have been added to the project, mitigating potential impacts to a less -than- significant level. An Environmental Impact Report will not be required. Statement of Reasons to Support Finding: 1. Aesthetics: The project site is located on the west side of Bella Vista Avenue, and homes on the east side of Bella Vista Avenue ( 020 and 322 opposite the site) currently have partially obscured, distant views of the mountains to the west. Existing mature trees on the project site partially screen scenic vistas from these homes, particularly the 45 -inch oak tree located at the project's southern boundary. Since this I While this project is technically a subdivision application, it is actually a lot line adjustment because there are already two existing lots and the project would not create a new lot. JUNE, 2011 1 Filek 488 6120/2011 ATTACHIONT 1 1 MITIGATED NEGATIVE DECLARATION — 339 BELLA VISTA AVENUE oak tree would be retained, distant views would continue to be similarly screened because the roof of the proposed home would be lower than this oak tree. Therefore, the proposed home would not significantly alter available distant views from homes to east, although views of trees from these homes would change to views of the proposed home. From Bella Vista Avenue, the proposed residence would appear as a one -story home. The height of the proposed residence (12 feet, 6 inches high) would be similar to adjacent proposed residence to the south. Homes along the east side of Bella Vista Avenue in the project vicinity are one and two stories with heights ranging from approximately 15 to 25 feet. Since the proposed home would be similar in height when compared to other one -story homes along Bella Vista and lower than existing two -story homes, the proposed home would not substantially alter the existing visual character along Bella Vista. The project site is located within the area subject to the Town's Hillside Development Standards and Guidelines (HDS &G). The HDS &G requires a "view analysis" for any development project with the potential for being visible from any established viewing platform. Story poles,were placed on the site and it was determined that the proposed home would not be visible from established viewing platforms. Intervening trees block views of the story poles from the closest viewing platform located on Los Gatos Saratoga Road at Highway 9. Trees also block views of the story poles from eastbound Los Gatos Saratoga Road (except for a brief glimpse just west of the Bella Vista overpass). Story poles indicate that these homes would be visible from the south end of Alberto Way, but future visibility would be blocked by an approved new building on the parcel located between the site and Alberto Way. The proposed project will be subject to design review as part of the Architecture and Site Review process. During this process, the proposed design is evaluated for consistency with the Town's HDS &G. As part of Architecture and Site review, the Town determined that the project would be consistent with the HDS &G policies for site planning, development intensity, architectural design, site elements, and landscape design (see Attachment 1 of the Initial Study). The HDS &G emphasizes minimizing grading and preserving natural features (including drainage channels and trees). Six of the site's 13 trees are proposed to be removed, but trees along the site margins would be retained and landscape screening is proposed along the western project boundary. This screening would help to minimize loss of privacy at the existing townhomes immediately downhill of the site since the proposed home would directly overlook these townhomes. Outdoor lighting would be provided on the exterior of the home. The proposed home would be located approximately 75 feet from homes to the east (across Bella Vista) and 40 feet from townhomes to the west. Project exterior lighting could illuminate distant nighttime views to the west (overlooking the site) from existing homes to the east, although the 75 -foot distance would help minimize the effects of nighttime illumination depending on lighting design. Exterior and interior lighting also could have nighttime illumination effects on existing townhomes to the west, although the intervening distance and required landscape screening (see above mitigation) would minimize the potential for impacts associated with nighttime illumination. Proposed exterior lighting will be specifically reviewed as part of Architecture and Site review. To reduce the potential for disturbance due to nighttime lighting, the final plans will need to satisfy Town Code Section 29.10.09035, which prohibits the production of direct or reflected glare (such as that produced by floodlight onto any area outside the project boundary). 2. Agriculture and Forestry Resources: The 0.11 -acre project site is currently undeveloped, but the site's agricultural and timberland production potential is low due to the small size of the site, existing 2 "Potential" is defined as capable of being seen from a viewing platform if trees or large shrubs are removed, significantly pruned, or impacted by construction. JUNE, 2011 2 MITIGATED NEGATIVE DECLARATION — 339 BELLA VISTA AVENUE nearby residential development, and the site's steeply sloping topography. State farmland mapping shows the project site as "Urban and Built -Up Land," indicating that this land has already been converted to non- agricultural use. There are no existing agricultural or forestry uses /operations at or adjacent to the site. 3. Air Quality: The San Francisco Bay Area Air Basin is classified by the Bay Area Air Quality Management District (BAAQMD) as non - attainment for ozone and inhalable particulates (PM To address these exceedances, the BAAQMD, in cooperation with the MTC and ABAG, prepared the Bay Area 2005 Ozone Strategy (BAOS) in September 2005 and Particulate Matter Implementation Schedule (PMIS) in November 2005. The PMIS discusses how the BAAQMD implements the California Air Resources Board's 103 particulate matter control measures. The BAAQMD recently adopted the 2010 Bay Area Clean Air Plan, which updates the BAGS. 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. The project would be consistent with the use and density allowed on the project site by the Los Gatos General Plan, and therefore, the project would be consistent with the CAP. In June 2010, the Bay Area Air Quality Management District (BAAQMD) adopted new CEQA significance thresholds and updated their CEQA Guidelines, which include these adopted thresholds of significance for criteria air pollutants for both construction and operation of proposed projects. The proposed project's construction and operational emissions are expected to not exceed these thresholds when compared to screening criteria identified in the 2010 BAAQMD CEQA Guidelines. For'sngl`e- family residential use, the screening criteria are 325 single- family units for operational emissions and 114 units for single - family residences for construction emissions. The proposed single- family residence would remain below these criteria and therefore, a detailed air quality assessment would not be required and the project's air quality impact is expected to be less than significant. However, 2010 BAAQMD Guidelines also specify that the project must also meet two other criteria: (1) the BAAQMD's Basic Construction Mitigation Measures must be implemented during construction; and (2) the project 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 cubic yards of soil). The project would meet the second criterion so that implementation of the following measure is considered to reduce the project's construction - related criteria pollutants to a less -than- significant level: MITIGATION 1: To limit the project's construction- related dust, criteria pollutants, and precursor emissions, the following BAAQMD - recommended Basic Construction Mitigation Measures shall be implemented: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. c. All visible mud or dirt tracked -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. JUNE, 2011 3 MITIGATED NEGATIVE DECLARATION — 339 BELLA VISTA AVENUE 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: Prior to issuance of any Grading Permit, the Director of Community Development shall be responsible for ensuring that these measures are properly incorporated into project plans and implemented during project construction. 4. Biological Resources: The project site consists of a steeply sloping hillside vegetated with coast live oaks (Quercus agrifolia) and an understory of vinca (Vinca major), an ornamental groundcover. A large number of the trees present on the site are the result of regrowth from the stumps of trees previously cut on the property. Special- Status Species Within the study area, oak woodland habitat also provides nesting habitat for special- status bird species, as well as many other migratory bird species. Site clearing activities (e.g., grubbing, grading, trenching, and tree removal or pruning) could result in direct or indirect impacts to nesting birds by causing the destruction or abandonment of occupied nests. Direct and indirect impacts on special- status and migratory bird species would be considered significant under CEQA guidelines. Implementation of the following measures will reduce significant impacts on special- status and migratory bird species to a less- than - significant level: MITIGATION 2: If tree removal, pruning, or grubbing activities are necessary, such activities should be conducted outside of the breeding season between September 1 and January 31 to avoid impacts to nesting birds. MITIGATION 3: If project construction begins during the breeding season (February 1 to August 31), preconstruction surveys shall be conducted within the project footprint and a 300 -foot buffer, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning /grubbing or surface- disturbing activities. If no active nests are found, no further mitigation is necessary. MITIGATION 4: If active nests, i.e. nests with eggs or young birds present, are found, non- disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair's tolerance to disturbance and the type /duration of potential disturbance. No work shall occur within the non - disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in JuNE,2011 4 MITIGATED NEGATIVE DECLARATION — 339 BELLA VISTA AVENUE cooperation with the CDFG and the USFWS. If buffers are established and it is determined that project activities are resulting in nest disturbance, work should cease immediately and the CDFG and the USFWS should be contacted for further guidance. MITIGATION 5: If active nests are found within 300 feet of the project area, a qualified biologist shall be on site to monitor the nests for signs of nest disturbance. If it is determined that .construction activity is resulting in nest disturbance, work shall cease immediately and the CDFG and the USFWS shall be contacted. MITIGATION MONITORING: The Directors of the Community Development and Parks and Public Works Departments will be responsible for ensuring that these , recommendations are reflected in final project plans and are properly implemented during and after. construction. Construction activities in the vicinity of occupied bat roosts .could result in the destruction of the occupied roosts of special- status bat species. In addition, disturbance during the maternity roosting season could result in potential roost abandonment and mortality of young. Direct and indirect impacts to special - status bat species would be considered significant under CEQA guidelines. Implementation of the following measures will reduce significant impacts on special - status bat species to a less - than - significant level: MITIGATION 6: Preconstruction surveys shall be conducted to identify suitable bat roosting habitat including rock outcroppings, snags, rotten stumps, decadent trees with broken limbs, exfoliating bark, cavities, etc. Sensitive habitat areas and roost sites shall be avoided to the maximum extent practicable. If no suitable roost sites or evidence of bat roosting are identified, no further minimization measures are necessary. MITIGATION 7: If suitable roosting habitat is identified, the following measures shall be conducted: a. A qualified biologist shall survey suitable roost sites immediately prior to the removal or grading of rock outcroppings, debris piles, man -made structures, etc. b. Removal of suitable tree roost sites shall be conducted by first removing limbs smaller than 3 inches in diameter and peeling away loose bark. The tree should then be left overnight to allow any bats using the tree /snag to find another roost during their nocturnal activity period. . c. A qualified biologist shall survey the trees /snags a second time the following morning prior to felling and removal. d. Trees should be removed during the non - breeding season between September 1 and February 1 to avoid disturbance to maternal colonies or individuals. MITIGATION MONITORING: The Directors of the Community Development and Parks and Public Works Departments will be responsible for ensuring that these recommendations are reflected in final project plans and are properly implemented during and after construction. Tree Removal The Los Gatos Tree Protection Ordinance states that the preferred tree replacement is two or more trees of a species and size designated by the Director of the Parks and Public Works Department. Tree replacement requirements are based on canopy size, which is defined in Table 3 -1 of the Ordinance, Tree Canopy — Replacement Standard. Tree canopy replacement requirements range from two to six 24- JUNE, 201 l 5 ' MITIGATED NEGATIVE DECLARATION - 339 BELLA VISTA AVENUE 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. In order to evaluate the potential effects of the proposed project on site trees, the project applicant retained Deborah Ellis, consulting arborist and horticulturalist, to complete an arborist report. The Town retained Arbor Resources (AR) to conduct a peer review of Ellis' arborist report, and to update the peer review for the current proposal. The Ellis and AR surveys were completed in February 2005 and January 2007 and February 2011. Copies of these reports are on file at the Los Gatos Community Development Department. Report recommendations are included as Attachment 2 of the Initial Study. The arborists' surveys of the project site indicate that there are 13 trees on the property. These include coast live oak, valley oak, a pine, and two almonds. Of these trees, eight are regulated by Town code (Nos. 3, 5 -9, 19, and 21). The proposed new residence and its access driveway would require removal of five regulated trees (Nos. 3, 5 -7, and 21) and one non- regulated almond tree (No. 4). With respect to the footprint of the new residence on the site, AR identifies additional ordinance -size coast live oak trees (Nos. 22, 23, and 24) to be retained in the vicinity of the new residence. AR indicates that the longevity and stability of two oak trees on the site (Nos. 8 and 9) and one large oak tree on the adjacent property (No. 2) would be adversely affected by the proposed project design and, makes the following recommendations: Tree No. 2 : The large live oak located on the adjacent lot (341 Bella Vista) but very close to the property boundary, would be adversely affected by implementation of the proposed design. To reduce impacts and increase the opportunity for tree survival and longevity, AR recommends that any storm drains and sub - drains located within 20 feet of the tree's trunk be established so that they are no farther than 24 inches beyond the proposed retaining walls. The sections of the lines extending uphill and downhill from the retaining walls should be realigned to be parallel to the homes' walls until they are 20 to 30 feet from the tree's trunk (this may also require shifting the inlets and overflow pump wells farther away). Tree No. 8 : Although proposed plans indicate this tree would be retained, it would be severely affected by project construction and predisposed to premature decline and instability. This is a relatively young oak that grows upslope, away from the proposed home at 339 Bella Vista. The impact of primary concern is the proposed walkway that would be located at roughly three feet downhill from this tree's trunk. When considering overexcavation needed to construct the walk, a cut within one to two feet from the trunk would be expected. To minimize excavation and impacts, AR recommends that the walkway be constructed on top of grade (including base materials, edging and forms) with a maximum soil cut of four inches, and overexcavation limited to 12 inches beyond the walkway edge. One potential option is for the walkway to be super- reinforced and base material omitted from the design. Tree No. 9 : Proposed plans indicate this tree would be retained, but it would be severely affected by project construction and predisposed to premature decline and instability. This oak is situated at the street and appears to be in reasonably good health. However, its structure is formed by four relatively equally -sized trunks with very weak attachments. Removal of this tree is recommended in the applicant's arborist report, and AR concurs regardless of the proposed project. Based on its structural condition, AR indicates that no design revisions are warranted. However, if project - related impacts are to be reduced, they should include omitting any grading beyond the proposed driveway and wall, and restricting overexcavation beyond the driveway and wall to 12 inches. Removal of one of the four trunks would be necessary due to its low clearance and orientation toward the drive. JUNE, 2011 6 4 1 1 MITIGATED NEGATIVE DECLARATION — 339 BELLA VISTA AVENUE Development of this project in combination with the home proposed on the adjacent property at 341 Bella Vista Avenue, would have potentially cumulative effects on Tree No. 2, which is located between these two proposed homes. Implementation of tree protection measures specified by the arborists (specified below) would reduce the project's impact on this tree to a less- than - significant level, and therefore, the project's contribution to this cumulative impact would be less than cumulatively considerable. To minimize potential damage to trees that are proposed to be retained (particularly those with significant value identified above) as well as those potentially affected by the development of the proposed project (339 Bella Vista) as well as development of the adjacent lot (341 Bella Vista), the following measure will be required to reduce potential tree impacts to a less - than - significant level: MITIGATION 8: The project applicant shall be required to implement all Tree Protection Specifications made by Deborah Ellis (February 8, 2005) and Arbor Resources (January 29, 2007 and February 24, 2011). These measures are included in Attachment 2 of the Initial Study. MITIGATION MONITORING: The Directors of the Community Development and Parks and Public Works Departments will be responsible for ensuring that these recommendations are reflected in final project plans and are properly implemented during and after construction. 5. Cultural Resources: The project site is undeveloped and the potential for encountering cultural resources during project construction would be low due to the site's relatively steep topography and the site's elevated location away from creeks. There is typically a higher potential for encountering archaeological resources in areas adjacent to or near a river or creek. 6. Geology and Soils: The project site slopes downhill toward the north with slopes averaging 53 percent. The proposed plan estimates that approximately 247 cubic yards (c.y.) would be cut and 96 c.y. would be filled. Town requirements will include provision of a interim and final erosion control plans. Such measures would reduce potential erosion hazards to a less- than - significant level. A review of the Town's hazards maps indicates that the project site has no erosion potential, moderate shrink -swell potential, low slope stability hazard (due to slope steepness), high potential for fault rupture, and moderate potential for seismic shaking. Very low liquefaction and no debris flow hazards were identified for the site. The Town's Fault Map indicates that the site is located approximately 500 feet north of a concealed fault. Between 1998 and 2007, soil and foundation as well as geotechnical investigations were completed for the project. Several peer reviews of these investigations were completed by the Town's geotechnical consultant, Geomatrix, between December 2006 and November 2007. Copies of these studies are on file at the Los Gatos Community Development Department. These investigations involved review of available geologic maps and aerial photographs, drilling four test borings, and laboratory soils testing. These investigations concluded that the site has a low potential for liquefaction and lateral spreading. These studies also indicate that the site does not present any signs of slope instability hazards such as colluvium- filled swales, undercut cliffs or banks, or areas with recent evidence of landsliding. These analyses recommend that a soldier pile retaining /debris wall be constructed on the east side (upslope side) of the building footprints to keep the Bella Vista right -of -way stable during excavation and construction. 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 project would be subject .to strong groundshaking in the event of an earthquake, with a low potential for ground rupture at the site. Geomatrix indicates the closest know faults are traces of the potentially active Berrocal and Shannon fault JUNE, 2011 7 MITIGATED NEGATIVE DECLARATION — 339 BELLA VISTA AVENUE zones located about 1,200 feet north - northeast and 1,000 feet south- southwest of the project site. The active San Andreas fault zone is located about 2.5 miles southwest of the property. The potential for fault ground rupture on the project site is considered to be low because of the distance from these faults. However, the subject property will be subject -to very strong to violent ground shaking during a future large earthquake on the nearby San Andreas fault zone, or on one of the other major active faults zones in the region. It should be noted that most of the Bay Area as well as surrounding residences are subject to groundshaking hazards. Compliance with seismic design parameters per the Uniform Building Code would be adequate to address regional seismic safety concerns such as groundshaking. Given the extent of grading proposed and the extensive portion of the home that would be located below grade, the following measure shall be required to reduce identified potentially significant geologic, soils, and geotechnical constraints to less - than - significant levels: MITIGATION 9: The project shall incorporate all recommendations in Ali M. Oskoorouchi's geological and geotechnical investigation for the proposed project (included as Attachment 3 of the Initial Study) in order to minimize the potential impacts resulting from regional seismic - activity and subsurface soil conditions on the site. MITIGATION MONITORING: Prior to issuance of the grading permit, the Directors of the Community Development and Parks and Public Works Departments shall be responsible for ensuring that the recommended measures are properly incorporated into the project design and 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 EO S -1 -07, EO S -3 -05, EO S- 13 -08, EO S- 14 -08, EO S- 20 -04, EO S- 21 -09, AB 32, AB 1493, AB 3018, SB 97, S13375, SB 1078 and 107, and SB 1368. AB 32 establishes regulatory, reporting, and market mechanisms to reduced statewide GHG emissions to 1990 levels by 2020. Pursuant to this requirement, the California Air Resources Board (CARB) adopted its Scoping Plan, which contains the main strategies to achieve required _reductions by 2020. However, on March 18, 2011, the San Francisco Superior Court issued a final ruling that effectively blocks the CARB from implementing GHG reducing actions outlined in the Scoping Plan until CARB complies with CEQA. If the decision is finalized, the CARB will have to reconsider the environmental impact of the Scoping Plan and examine alternatives to the Scoping Plan's cap and trade policy. Although implementation of certain elements of the Scoping Plan at the statewide level may be delayed, local GHG reduction policies would still apply to this project. In April 2008, the Town adopted near -term policy recommendations from the Santa Clara County Cities Association Green Building Collaborative. These policies require the submittal of a completed LEED or Build It Green's GreenPoint Rated checklist JUNE, 2011 8 MITIGATED NEGATIVE DECLARATION — 339 BELLA VISTA AVENUE as part of all planning applications and require all new public construction and renovation projects over 5,000 s.f. to achieve at least a LEED Silver certification. Requiring a checklist as part of a planning application does not require that the proposal incorporate green building practices. However, it will enable the Town to track the current use of green building practices and establish a baseline for future green building practices and requirements. The checklist requirement will also draw the attention of design and building professionals to the possibility of incorporating green building techniques into future projects. In addition, requiring LEED certification for new public construction and renovations will set an example and encourage sustainable practices for private developments. Short -term GHG emissions would also be generated by project- related construction activities. 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- significantt impact on global climate change based on GHG modeling results done for larger projects. However, the BAAQMD encourages implementation of construction- related GHG reduction strategies where feasible, such as: using. alternative fueled (e.g.., biodiesel electric) construction vehicles /equipment, local building materials (within 100 miles), and recycling of construction and demolition waste, 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 #2 in Section 3, Air Quality). Implementation of the proposed project would contribute to long -term increases in greenhouse gases (GHGs) from direct sources (traffic increases and minor secondary fuel combustion 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 demand. Electricity generation in California is mainly from natural gas -fired power plants. However, since California imports about 20 to 25 percent of its 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. The adopted BAAQMD's operational GHG screening criterion for single- family residences is 56 units, and the proposed project would fall well below this criterion and therefore, the project's operational 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 project 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 105, 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. S. Hazards and Hazardous Materials: The ,project site is not included on any Hazardous Wastes and Substances Sites List. No significant public health risks are anticipated since the project site is undeveloped. There are no known previous uses on the site that would pose the potential for public health risks or presence of contaminants at the site. 9. Hydrology and Water Quality: Storm Drainage At present, the 0.11 -acre project site is undeveloped. The proposed residence would result in development of 2,063 s.f. of impervious surfaces (building, JUNE, 2011 9 MITIGATED NEGATIVE DECLARATION — 339 BELLA VISTA AVENUE driveway, and porch), covering 42 percent of the site. Such a small increase in areal extent of impervious surfaces would not be expected to result in a significant change in downstream peak surface flows or runoff volumes from the project site. Runoff from the roof of the proposed residence and garage would collect in gutters and discharge via downspouts to splashblocks at the base of the residence. All surface flows would be directed away from buildings into drainage swales, storm drain inlets, and drainage systems. Project drainage plans indicate that overland flows would collect in three storm drain inlets on the south, east, and west sides of the residence. Six -inch PVC drain pipe on the east and south sides of the site would convey accumulated drainage flows westward to detention trench consisting of a shallow gravel basin on the lower hillside of project site for on -site percolation. An overflow pumpwell would pump any excess accumulated runoff flows to an energy reduction box on Bella Vista Avenue for discharge by overland flow on the street. This storm drainage methodology is consistent with requirements on similar properties and proposes to direct drainage to public facilities and limit impact on adjacent properties. Although runoff from the proposed residence would be collected in a pipe system, storm flows would be discharged slowly into subsoils through the use of on -site infiltration areas, protecting surface water quality. Design and sizing of on -site percolation areas would be subject to review and approval by the Town, and such approval would reduce the potential for downstream flooding and erosion hazards to a less -than- significant level. Flood Hazards According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for the project area, the project site is not within the 100 -year floodplain. The Santa Clara Valley Water District's Maps of flood control facilities and limits of one percent flooding as well as the Town of Los Gatos Safety Element Flood Plain maps show the project site does not lie within a flood zone. Therefore, no significant flood hazard impacts would be anticipated. Water Quality New, more stringent water quality regulations of the Clean Water Act have recently been triggered because the NPDES (National Pollution Discharge Elimination System) permit program has failed to protect beneficial uses of Santa Clara County's creeks and the South San Francisco Bay. Evidence includes 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. R2 -2009 -0074 of the NPDES permit program. However, single - family home projects that are not a part of a larger plan of development are not considered Regulated Projects per the provisions of C.3. In addition, the total development area would be less than one acre and, per the provisions of the State Construction General Permit, no Storm Water Pollution Prevention Plan (SWPPP) would be required for the project. The proposed project plans (Sheets C -1 through C -7, dated July 22, 2010) include extensive storm runoff collection and treatment facilities to address the maintenance of water quality conditions for drainage flows from impervious surfaces. The proposed project is a single family detached home and is therefore not a Regulated Project per Provision C.3. Even if both 339 and 341 Bella Vista proposals were considered combined, their total impervious area created and /or replaced would be approximately 5,050 s.f., which is below the Regulated Project threshold of 10,000 s.f. 10. Land Use and Planning: The proposed project is consistent with the existing General Plan designation of "Medium Density Residential, 5 - 12 units per acre." This designation allows for residential uses at densities of up to 12 units per acre. The proposed residence would be developed on a 0.11 -acre site, which would be within allowable densities. The minimum lot size in the R -1:8 zone is 8,000 square feet for each dwelling unit, and the proposed project would be located on a 4,915 square- JUNE, 2011 10 MITIGATED NEGATIVE DECLARATION — 339 BELLA VISTA AVENUE foot lot. Since the lot is smaller than the required minimum lot size, it is considered a nonconforming lot. Nonconforming lots are considered a hardship for the owners and certain exceptions to the Town's Code (such as minimum building setbacks) may be allowed if compatible with established setbacks in the neighborhood. The project site is located adjacent to residential uses. Access is from Bella Vista Avenue and the project parcel is a residential lot that is undeveloped, located adjacent to developed residential properties to the west and east. The proposed single - family residential use would be consistent with existing adjacent and nearby single - family residential uses on Bella Vista Avenue. 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: The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours of 8:00 a.m. to 8 :00 p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends and holidays. This ordinance also limits noise generation to 85 dBA at the property line or 85 dBA at 25 feet. Project construction would result in temporary short-term noise increases due to the operation of heavy equipment. Construction noise sources range from about 82 to 90 dBA at 25 feet for most types of construction equipment and slightly higher levels of about 94 to 97 dBA at 25 feet for certain types of earthmoving and impact equipment. If noise controls are installed on construction equipment, the noise levels could be reduced to 80 to 85 dBA at 25 feet, depending on the type of equipment. With controls, construction noise levels could be made to comply with the Town Noise Ordinance. Residential uses are generally considered to be noise- sensitive uses or sensitive receptors. There are single - family residences located east and west of the site. The residences to the east are located approximately 75 feet from the proposed residence, while the townhomes to the west are located approximately 40 feet from the residence. At 40 feet, the ordinance noise limit (85 dBA at 25 feet) would result in maximum noise levels of 81 dBA, respectively at the closest residences to the west and east. 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. Therefore, even with compliance with the Noise Ordinance limit of 85 dBA at 25 feet, construction noise levels could result in periodic speech interference effects when heavy equipment is operated on the project site. However, such levels would only occur for a short period, primarily when grading and drilling equipment are operating near the western project boundary, not during the entire project construction period. Due to the small size of this project and short duration of construction, such a temporary impact would be mitigated to a less- than - significant level by enforcement of time restrictions and noise level standards contained in the Town Noise Ordinance. Long -term noise increases associated with the project would result from increased traffic along Bella Vista Avenue and residential activities (i.e., operation of appliances and maintenance equipment such as lawnmowers, blowers, etc.). Traffic increases associated with the project would be minor and would not significantly or measurably increase ambient noise levels in the project vicinity. Noise generated by project residential activities would be similar to noise generated by adjacent or nearby residential uses and would not conflict with the existing residential noise environment in the neighborhood. 1 13. Population and Housing: The proposed project would consist of one single- family residence on one parcel, and would not result in intensification of residential uses or significantly increase local or regional population. Since the project would not extend new roadways or utilities to any adjacent undeveloped .TUNE, 2011 11 MITIGATED NEGATIVE DECLARATION — 339 BELLA VISTA AVENUE lands, the project would not induce new growth. The project site is currently undeveloped and no existing housing units would be displaced by the project. 14. Public Services: Services are currently provided to residential uses surrounding the project site. The project would not significantly increase demand for public services since this is an in -fill development and services are already provided to the surrounding area. The Santa Clara County Fire Department provides fire protection services to the project. area. The Department has reviewed the proposed project only with respect to site access and water supply as they pertain to fire department operations. The required fire flow of 1,000 gpm at 20 psi residual pressure is available from area water mains and fire hydrant(s) meet the required spacing. The proposed residence also would be subject to formal plan review by the Department requirements and will be required to comply with adopted model codes. 15. Recreation: The proposed addition of one residential unit would incrementally add new population to the area, and thereby increase the demand for recreational services. This incremental increase would not be significant given the small size of the project. 16. Transportation and Traffic: The Town's Traffic Impact Policy (Resolution 1991 -174) specifies that a project with a traffic impact of 19 or less additional AM or PM peak hour trips could be approved without a comprehensive traffic report if it is determined that the benefits of the project to the Town would outweigh the impact of increased traffic. However, the project would be subject to payment of a traffic mitigation fee. The project would result in a net increase of ten trips per day with one trip during the AM peak hour and one trip during the PM peak hour. According to the Town's traffic determination, traffic generated by the proposed project would represent a minor impact and no additional traffic studies would be required. The Town's Zoning Ordinance would require provision of two parking spaces for the proposed single - family residence. The project would meet the parking requirements by provision of a two -car garage and two additional parking spaces in the proposed driveway. Approximate grading quantities for the project are 247 c.y. of cut and 96 c.y. of fill, resulting in a net export of 150 c.y. of fill. Export of 150 c.y. of material off -site could generate up to 13 truckloads or a total of 26 one -way truck trips (assuming 12 c.y. per haul truck). If the adjacent home (341 Bella Vista) is constructed at the same time, a total of 28 truckloads or 56 one -way truck trips could be generated on Bella Vista Avenue. Since the Town will prohibit haul truck operations on local roads between 7 a.m. and 9 a.m. as well as 4 p.m. and 6 p.m., trucks operations would occur 6.5 hours per day. Assuming approximately five to nine trucks could be filled per hour, the 28 truckloads or 56 truck trips would occur over a one- to two -day period. Due to access limitations on Bella Vista Avenue, the Town will require the applicant to work with the Town Parks and Public Works Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This would include, but would not be limited to, provisions for the developer /owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. All trucks hauling soil, sand, and other loose debris will be required to follow a designated route between Los Gatos Boulevard and Bella Vista Avenue (as specified by the inspector) and be covered (or at least two feet of freeboard must be maintained). These requirements will reduce potential traffic safety hazards to a less- than - significant level. 17. Utilities and Service Systems: Utilities are currently provided to adjacent residential uses. While some utility extensions may be required onto the site, no major off -site utility improvements would be expected to be required for project development since this is an in -fill development and involves development of one residence on one existing parcel. JUNE, 2011 12 MITIGATED NEGATIVE DECLARATION - 339 BELLA VISTA AVENUE 18. Cumulative Impacts: When the proposed project is considered together with the home proposed on the adjacent property at 341 Bella Vista Avenue, the proposed project could contribute to cumulative impacts, particularly those related to biological resources and traffic during and after construction. The project's contribution to cumulative impacts associated with construction of both proposed homes are described under relevant topics above. With implementation of mitigation measures specified in this report, they were determined to be less than cumulatively considerable and therefore, less than significant. Copies of the Initial Study used to make the above recommendation are on file and available for public inspection during regular business hours at the Town Community Development Department, 110 East Main Street, Los Gatos, California. Date Wendie R. Rooney, Director of Community Development JUNE, 2011 13 This Page Intentionally Left Blank I NOTICE Town of Los Gatos Environmental Impact Review Mitigated Negative Declaration Lead Agency: Town of Los Gatos Community Development Department 110 East Main Street Los Gatos, CA 95031 Project Title and Location: 341 Bella Vista Avenue Architecture and Site Application S -06 -64 Subdivision Application M -06 -09 Negative Declaration ND -08 -03 RECEIVED JUN 10 2011 TOWN OF LOS GATOS PLANNING DIVISION Project Description: The project sponsor is requesting Lot Line Adjustment' and Architecture and Site approvals for construction of one single- family residence on the west side of Bella Vista Avenue, just north of Bella Vista's bridge over Los Gatos — Saratoga Road. The project sponsor proposes to increase the existing size of this parcel (APN 529 -23 -016) from 4,106 square feet (s.f.) to 5,240 s.f., and construct a single- family residence on the reconfigured lot (indicated as Lot One on the site plan dated October 27, 2007). The existing northerly lot line would be relocated approximately 18 feet northward and would reduce the size of the parcel (APN 529 -23 -015) adjoining the project site to the north. The proposed residence would be 2,760 s.f. (including the cellar and garage). The proposed residence would have one main floor encompassing 1,038 s.f. and an attached garage (441 s.f.) at street level. Below street level, a lower floor would consist of 1,281 s.f., including a cellar area of 481 square feet. Access to the residence would be provided from Bella Vista Avenue to the garage by a proposed 19 -foot wide driveway that is approximately 18.5 feet long. The proposed garage would be 441 s.f. and attached to the main floor of the proposed residence. Determination: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures listed below have been added to the project, mitigating potential impacts to a less- than - significant level. An Environmental Impact Report will not be required. Statement of Reasons to Support Finding: 1. Aesthetics: The project site is located on the west side of Bella Vista Avenue, and homes on the east side of Bella Vista Avenue ( #316 and 320 opposite the site) currently have partially obscured, distant views of the mountains to the west. Existing mature trees on the project site partially screen scenic vistas from these homes, particularly the 45 -inch oak tree located at the project's northern boundary and oak tree on the eastern boundary. Since the 45 -inch oak would be retained, distant views would continue to ' While this project is technically a subdivision application, it is actually a lot line adjustment because there are already two existing lots and the project would not create a new lot. JUNE, 2011 ATTACBMENT 2 MITIGATED NEGATIVE DECLARATION — 341 BELLA VISTA AVENUE be similarly screened because the roof of the proposed home would be lower than this oak tree. Therefore, the proposed home would not significantly alter available distant views from homes to east, although views of trees from these homes would change to views of the proposed home. From Bella Vista Avenue, the proposed residence would appear as a one -story home. The height of the proposed residence (11 feet, 6 inches high) would be similar to adjacent proposed residence to the north. Homes along the east side of Bella Vista Avenue in the project vicinity are one and two stories with heights ranging from approximately 15 to 25 feet. Since the proposed home would be similar in height when compared to other one -story homes along Bella Vista and lower than existing two -story homes, the proposed home would not substantially alter the existing visual character along Bella Vista. The project site is located within the area subject to the Town's Hillside Development Standards and Guidelines (HDS &G). The HDS &G requires a "view analysis" for any development project with the potential for being visible from any established viewing platform. Story poles were placed on the site and it was determined that the proposed home would not be visible from established viewing platforms. Intervening trees block views of the story poles from the closest viewing platform located on Los Gatos Saratoga Road at Highway 9. Trees also block views of the story poles from eastbound Los Gatos Saratoga Road (except for a brief glimpse just west of the Bella Vista overpass). Story poles indicate that these homes would be visible from the south end of Alberto Way, but future visibility would be blocked by an approved new building on the parcel located between the site and Alberto Way. The proposed project will be subject to design review as part of the Architecture and Site Review process. During this process, the proposed design is evaluated for consistency with the Town's HDS &G. As part of Architecture and Site review, the Town determined that the project would be consistent with the HDS &G policies for site planning, development intensity, architectural design, site elements,. and landscape design (see Attachment 1 of the Initial Study). The HDS &G emphasizes minimizing grading and preserving natural features (including drainage channels and trees). Two of the site's 11 trees are proposed to be removed, but trees along the site margins would be retained and landscape screening is proposed along the western project boundary. This screening would help to minimize potential visibility from the viewing platforms and areas to the west as well as minimize the potential for loss of privacy at existing townhomes to the west. Outdoor lighting would be provided on the exterior of the home. The proposed home would be located approximately 65 feet from homes to the east (across Bella Vista) and 50 feet from townhomes to the west. Project exterior lighting could illuminate distant nighttime views to the west (overlooking the site) from existing homes to the east, although the 65 -foot distance would help minimize the effects of nighttime illumination depending on lighting design. Exterior and interior lighting also could have nighttime illumination effects on existing townhomes to the west, although the intervening distance and proposed landscape screening would minimize the potential for impacts associated with nighttime illumination. Proposed exterior lighting will be specifically reviewed as part of Architecture and Site review. To reduce the potential for disturbance due to nighttime lighting, the final plans will need to satisfy Town Code Section 29.10.09035, which prohibits the production of direct or reflected glare (such as that produced by floodlight onto any area outside the project boundary). 2. Agriculture and Forestry Resources: The 0.12 -acre project site is currently undeveloped, but the site's agricultural and timberland production potential is low due to the small size of the site, existing nearby residential development, and the site's steeply sloping topography. State farmland mapping shows 2 "Potential" is defined as capable of being seen from a viewing platform if trees or large shrubs are removed, significantly pruned, or impacted by construction. JUNE, 2011 2 MITIGATED NEGATIVE DECLARATION — 341 BELLA VISTA AVENUE the proiect site as "Urban and Built -Up Land," indicating that this land has already been converted to non- agricultural use. There are no existing agricultural or forestry uses /operations at or adjacent to the site. 3. Air Quality: The San Francisco Bay Area Air Basin is classified by the Bay Area Air Quality Management District (BAAQMD) as non- attainment for ozone and inhalable particulates (PM, To address these exceedances, the BAAQMD, in cooperation with the MTC and ABAG, prepared the Bay Area 2005 Ozone Strategy (BAOS) in September 2005 and Particulate Matter Implementation Schedule (PMIS) in November 2005. The PMIS discusses how the BAAQMD implements the California Air Resources Board's 103 particulate matter control measures. The BAAQMD recently adopted the 2010 Bay Area Clean Air Plan, which updates the BAGS. 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. The project would be consistent with the use and density allowed on the project site by the Los Gatos General Plan; and therefore, the project would be consistent with the CAP. In June 2010, the Bay Area Air Quality Management District (BAAQMD) adopted new CEQA significance thresholds and updated their CEQA Guidelines, which include these adopted thresholds of significance for criteria air pollutants for both construction and operation of proposed projects. The proposed project's construction and operational emissions are expected to not exceed these thresholds when compared to screening criteria identified in the 2010 BAAQMD CEQA Guidelines. For single - family residential use, the screening criteria are 325 single - family units for operational emissions aril 114 units for single- family residences for construction emissions. The proposed single- family residence would remain below these criteria and therefore, a detailed air quality assessment would not be required and the project's air quality impact is expected to be less than significant. However, 2010 BAAQMD Guidelines also specify that the project must also meet two other criteria: (1) the BAAQMD's Basic Construction Mitigation Measures must be implemented during construction; and (2) the project 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 cubic yards of soil). The project would meet the second criterion so that implementation of the following measure is considered to reduce the project's construction- related criteria pollutants to a less -than- significant level: MITIGATION 1: To limit the project's construction- related dust, criteria pollutants, and precursor emissions, the following BAAQMD- recommended Basic Construction Mitigation Measures shall be implemented: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. c. All visible mud or dirt tracked -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. JuNE,2011 MITIGATED NEGATIVE DECLARATION — 341 BELLA VISTA AVENUE 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: Prior to issuance of any Grading Permit, the Director of Community Development shall be responsible for ensuring that these measures are properly incorporated into project plans and implemented during project construction. 4. Biological Resources: The project site consists of a steeply sloping hillside vegetated with coast live oaks (Quercus agrifolia) and an understory of vinca (Vinca major), an ornamental groundcover. A large number of the trees present on the site are the result of regrowth from the stumps of trees previously cut on the property. Special - Status Species Within the study area, oak woodland habitat also provides nesting habitat for special- status bird species, as well as many other migratory bird species. Site clearing activities grubbing, grading, trenching, and tree removal or pruning) could result in direct or indirect impacts to nesting birds by causing the destruction or abandonment of occupied nests. Direct and indirect impacts on special- status and migratory bird species would be considered significant under CEQA guidelines. Implementation of the following measures will reduce significant impacts on special- status and migratory bird species to a less - than - significant level: MITIGATION 2: If tree removal, pruning, or grubbing activities are necessary, such activities should be conducted outside of the breeding season between September 1 and January 31 to avoid impacts to nesting birds. MITIGATION 3: If project construction begins during the breeding season (February 1 to August 31), preconstruction surveys shall be conducted within the project footprint and a 300 -foot buffer, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning /grubbing or surface - disturbing activities. If no active nests are found, no further mitigation is necessary. MITIGATION 4: If active nests, i.e. nests with eggs or young birds present, are found, non- disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair's tolerance to disturbance and the type /duration of potential disturbance. No work shall occur within the non - disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in cooperation with the CDFG and the USFWS. If buffers are established and it is determined that JUNE, 2011 4 MITIGATED NEGATIVE DECLARATION — 341 BELLA VISTA AVENUE project activities are resulting in nest disturbance, work should cease immediately and the CDFG and the USFWS should be contacted for further guidance. MITIGATION 5: If active nests are found within 300 feet of the project area, a qualified biologist shall be on site to monitor the nests for signs of nest disturbance. If it is determined that construction activity is resulting in nest disturbance, work shall cease immediately and the CDFG and the USFWS shall be contacted. MITIGATION MONITORING: The Directors of the Community Development and Parks and Public Works Departments will be responsible for ensuring that these recommendations are reflected in final project plans and are properly implemented during and after construction. Construction activities in the vicinity of occupied bat roosts could result in the destruction of the occupied roosts of special- status bat species. In. addition, disturbance during the maternity roosting season could result in potential roost abandonment and mortality of young. Direct and indirect impacts to special - status bat species would be considered significant under CEQA guidelines. Implementation of the following measures will reduce significant impacts on special- status bat species to a less- than - significant level: MITIGATION 6: Preconstruction surveys shall be conducted to identify suitable bat roosting habitat including rock outcroppings, snags, rotten stumps, decadent trees with broken limbs, exfoliating bark, cavities, etc. Sensitive habitat areas and roost sites shall be avoided to the maximum extent practicable. If no suitable roost sites or evidence of bat roosting are identified, no further minimization measures are necessary. MITIGATION 7: If suitable roosting habitat is identified, the following measures shall be conducted: a. A qualified biologist shall survey suitable roost sites immediately prior to the removal or grading of rock outcroppings, debris piles, man -made structures, etc. b. Removal of suitable tree roost sites shall be conducted by first removing limbs smaller than 3 inches in diameter and peeling away loose bark. The tree should then be left overnight to allow any bats using the tree /snag to find another roost during their nocturnal activity period. c. A qualified biologist shall survey the trees /snags a second time the following morning prior to felling and removal. d. Trees should be removed during the non- breeding season between September 1 and February 1 to avoid disturbance to maternal colonies or individuals. MITIGATION MONITORING: The Directors of the Community Development and Parks and Public Works Departments will be responsible for ensuring that these recommendations are reflected in final project plans and are properly implemented during and after construction. Tree Removal The Los Gatos Tree Protection Ordinance states that the preferred tree replacement is two or more trees of a species and size designated by the Director of the Parks and Public Works Department. Tree replacement requirements are based on canopy size, which is defined in Table 3 -1 of the Ordinance, Tree Canopy — Replacement Standard. Tree canopy replacement requirements range from two to six 24- inch box size trees or two 36 -inch and /or 48 -inch box size trees, depending on the canopy size of the tree to be removed. ,f JuNE,2011 MITIGATED NEGATIVE DECLARATION — 341 BELLA VISTA AVENUE In order to evaluate the potential effects of the proposed project on site trees, the project applicant retained Deborah Ellis, consulting arborist and horticulturalist, to complete an arborist report. The Town retained Arbor Resources (AR) to conduct a peer review of Ellis' arborist report, and to update the peer review for the current proposal. The Ellis and AR surveys were completed in February 2005, and January 2007 and February 2011, respectively. Copies of these reports are on file at the Los Gatos Community Development Department. Report recommendations are included as Attachment 2 of the Initial Study. The arborists' surveys of the project site indicate that there are 11 trees on the property. These include eight coast live oaks (Nos. 1, 2, 10, 12, 14, 15, 17, and 18), one valley oak (No. 13), one olive (No. 16), and one almond (No. 11). The proposed new residence and access driveway would require removal of two regulated trees (Nos. 1 and 3, 5 -7, and 21) and one non - regulated almond tree (No. 4). With respect to the footprint of the new residence on the site, AR identifies additional ordinance -size coast live oak trees (Nos. 22, 23, and 24) to be retained in the vicinity of the new residence. AR indicates that the longevity and stability of two oak trees on the site (Nos. 8 and 9) and one large oak tree on the adjacent property (No. 2) would be adversely affected by the proposed project design and, makes the following recommendations: Tree No. 2: The large live oak located on the adjacent lot (341 Bella Vista) but very close to the property boundary, would be adversely affected by implementation of the proposed design. To reduce impacts and increase the opportunity for tree survival and longevity, AR recommends that any stonn drains and sub - drains located within 20 feet of the tree's trunk be established so that they are no farther than 24 inches beyond the proposed retaining walls. The sections of the lines extending uphill and downhill from the retaining walls should be realigned to be parallel to the homes' walls until they are 20 to 30 feet from the tree's trunk (this may also require shifting the inlets and overflow pump wells farther away). Tree No. 10 : Although proposed plans indicate this tree would be retained, it would be severely affected by project construction and predisposed to premature decline and instability. This moderately -sized oak is situated near the road and would sustain potentially severe root loss during trenching for the proposed joint trench in close proximity to the trunk. The trench route would be radial to the trunk, a factor that would reduce potential root loss; however, as it meets the existing power pole, it extends along and reaches about one foot from the trunk. The extent of root loss would be dictated by the amount of attentiveness during trenching to retain and not damage roots >two inches in diameter. All trenching within ten feet form the trunk must be manually performed. Tree No. 12 : Proposed plans indicate this tree would be retained, but it would be severely affected by project construction and predisposed to premature decline and instability. This large oak is situated near the road on the neighboring southern property. It would sustain significant impacts during digging for the joint trench within only about five feet from its trunk, constructing the driveway at about three feet away, and grading within a few feet. If a reasonable (although still aggressive) potential for its survival and stability if expected, the following minimum design revisions are suggested: 1. The proposed driveway should be shifted to achieve a minimum eight -foot setback from the trunk. 2. Overcut, fill, trenching and compaction must not extend beyond the proposed driveway. 3. Soil cuts necessary for constructing the driveway, curb and approach within 14 feet from the trunk must be minimized and manually performed (e.g. a maximum cut of four to six inches, including any base material, curb, gutter, edging and forms). JUNE, 2011 6 MITIGATED NEGATIVE DECLARATION — 341 BELLA VISTA AVENUE 4. The proposed joint trench must be established no closer than 14 feet from the tree's trunk. 5. The section of retaining wall, drain lines and inlet /junction box within 14 feet of the tree's trunk must be manually dug. Tree No. 13 : Although proposed plans indicate this tree would be retained, it would be severely affected by project construction and predisposed to premature decline and instability. This moderately -sized oak on the neighboring southern property would sustain root damage during trenching for the storm and sub - drains. To lessen the impacts, the lines should be established within 18 to 24 inches from the retaining wall (as close to the wall as possible), and they should be manually dug where within ten feet from the trunk. ■ Tree No. 15 : Proposed plans indicate this tree would be retained, but it would be severely affected by project construction and predisposed to premature decline and instability. This multi -trunk oak forms weak attachments and would be severely impacted during digging of an inlet/junction box and trenching for a storm drain. To minimize the impacts, AR recommends the following: 1. The proposed storm drain and inlet/junction box is shifted uphill to be at least eight feet from the trunk. 2. No soil compaction, trenching or grading within eight feet from its trunk. 3. Where within the eight -foot distance, holes for the posts are manually dug using a post -hole digger, and any hole shifted if a root ztwo inches in diameter is encountered. Development of this project in combination, with the home proposed on the adjacent property at 339 Bella Vista Avenue, would have potentially cumulative effects on Tree No. 2, which is located between these two proposed homes. Implementation of tree protection measures specified by the arborists (specified below) would reduce the project's impact on this tree to a less- than - significant level, and therefore, the project's contribution to this cumulative impact would be less than cumulatively considerable. To minimize potential damage to trees that are proposed to be retained (particularly those with significant value identified above) as well as those potentially affected by the development of the proposed project (341 Bella Vista) as well as development of the adjacent lot (339 Bella Vista), the following measure will be required to reduce potential tree impacts to a less- than - significant level: MITIGATION 8: The project applicant shall be required to implement all Tree Protection Specifications made by Deborah Ellis (February 8, 2005) and Arbor Resources (January 29, 2007 and February 24, 2011). These measures are included in Attachment 2 of the Initial Study. MITIGATION MONITORING: The Directors of the Community Development and Parks and Public Works Departments will be responsible for ensuring that these recommendations are reflected in final project plans and are properly implemented during and after construction. 5. Cultural Resources: The project site is undeveloped and the potential for encountering cultural resources during project construction would be low due to the site's relatively steep topography and the site's elevated location away from creeks. There is typically a higher potential for encountering archaeological resources in areas adjacent to or near a river or creek. 6. Geology and Soils: The project site slopes downhill toward the north with slopes averaging 50 percent. The proposed plan estimates that approximately 274 cubic yards (c.y.) would be cut and 88 c,y. JUNE, 2011 7 MITIGATED NEGATIVE DECLARATION — 341 BELLA VISTA AVENUE would be filled. 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 review of the Town's hazards maps indicates that the project site has no erosion potential, moderate shrink -swell potential, low slope stability hazard (due to slope steepness), high potential for fault rupture, and moderate potential for seismic shaking. Very low liquefaction and no debris flow hazards were identified for the site. The Town's Fault Map indicates that the site is located approximately 500 feet north of a concealed fault. Between 1998 and 2007, soil and foundation as well as geotechnical investigations were completed for the project. Several peer reviews of these investigations were completed by the Town's geotechnical consultant, Geomatrix, between December 2006 and November 2007. Copies of these studies are on file at the Los Gatos Community Development Department. These investigations involved review of available geologic maps and aerial photographs, drilling four test borings, and laboratory soils testing. These investigations concluded that the site has a low potential for liquefaction and lateral spreading. These studies also indicate that the site does not present any signs of slope instability hazards such as colluvium- filled swales, undercut cliffs or banks, or areas with recent evidence of landsliding. These analyses recommend that a soldier pile retaining /debris wall be constructed on the east side (upslope side) of the building footprints to keep the Bella Vista right -of -way stable during excavation and construction. 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 project would be subject to strong groundshaking in the event of an earthquake, with a low potential for ground rupture at the site. Geomatrix indicates the closest know faults are traces of the potentially active Berrocal and Shannon fault zones located about 1,200 feet north- northeast and 1,000 feet south - southwest of the project site. The active San Andreas fault zone is located about 2.5 miles southwest of the property. The potential for fault ground rupture on the project site is considered to be low because of the distance from these faults. However, the subject property will be subject to very strong to violent ground shaking during a future large earthquake on the nearby San Andreas fault zone, or on one of the other major active faults zones in the region. It should be noted that most of the Bay Area as well as surrounding residences are subject to groundshaking hazards. Compliance with seismic design parameters per the Uniform Building Code would be adequate to address regional seismic safety concerns such as groundshaking. Given the extent of grading proposed and the extensive portion of the home that would be located below grade, the following measure shall be required to reduce identified potentially significant geologic, soils, and geotechnical constraints to less- than - significant levels: MITIGATION 9: The project shall incorporate all recommendations in Ali M. Oskoorouchi's geological and geotechnical investigation for the proposed project (included as Attachment 3 of the Initial Study) in order to minimize the potential impacts resulting from regional seismic activity and subsurface soil conditions on the site. MITIGATION MONITORING: Prior to issuance of the grading permit, the Directors of the Community Development and Parks and Public Works Departments shall be responsible for ensuring that the recommended measures are properly incorporated into the project design and implemented during construction. 6. 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 JUNE, 2011 8 MITIGATED NEGATIVE DECLARATION — 341 BELLA VISTA AVENUE 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 EO S -1 -07, EO S -3 -05, EO S- 13 -08, EO S- 14 -08, EO S- 20 -04, EO S- 21 -09, AB 32, AB 1493, AB 3018, SB 97, SB375, SB 1078 and 107, and SB 1368, AB 32 establishes regulatory, reporting, and market mechanisms to reduced statewide GHG emissions to 1990 levels by 2020. Pursuant to this requirement, the California Air Resources Board (CARB) adopted its Scoping Plan, which contains the main strategies to achieve required reductions by 2020. However, on March 18, 2011, the San Francisco Superior Court issued a final ruling that effectively blocks the CARB from implementing GHG reducing actions outlined in the Scoping Plan until CARB complies with CEQA. If the decision is finalized, the CARB will have to reconsider the environmental impact of the Scoping Plan and examine alternatives to the Scoping Plan's cap and trade policy. Although implementation of certain elements of the Scoping Plan at the statewide level may be delayed, local GHG reduction policies would still apply to this project. In April 2008, the Town adopted near -term policy recommendations from the Santa Clara County Cities Association Green Building Collaborative. These policies require the submittal of a completed LEED or Build It Green's GreenPoint Rated checklist as part of all planning applications and'require all new public construction and renovation projects over 5,000 s.f. to achieve at least a LEED Silver certification. Requiring a checklist as part of a planning application does not require that the proposal incorporate green building practices. However, it will enable the Town to track the current use of green building practices and establish a baseline for future green building practices and requirements. The checklist requirement will also draw the attention of design and building professionals to the possibility of incorporating green building techniques into future projects. In addition, requiring LEED certification for new public construction and renovations will set an example and encourage sustainable practices for private developments. Short -term GHG emissions would also be generated by project - related construction activities. 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 reduction strategies where feasible, such as: using alternative fueled (e.g., biodiesel, electric) construction vehicles /equipment, local building materials (within 100 miles), and recycling of construction and demolition waste, 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 #2 in Section 3, Air Quality). Implementation of the proposed project would contribute to long -term increases in greenhouse gases (GHGs) from direct sources (traffic increases and minor secondary fuel combustion 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 demand. Electricity generation in California is mainly from natural gas -fired power plants. However, since California imports about 20 to 25 percent of its total electricity (mainly from the JUNE, 2011 9 MITIGATED NEGATIVE DECLARATION — 341 BELLA VISTA AVENUE 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. The adopted BAAQMD's operational GHG screening criterion for single - family residences is 56 units, and the proposed project would fall well below this criterion and therefore, the project's operational 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 project 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 106, 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. 8. Hazards and Hazardous Materials: The project site is not included on any Hazardous Wastes and Substances Sites List. No significant public health risks are anticipated since the project site is undeveloped. There are no known previous uses on the site that would pose the potential for public health risks or presence of contaminants at the site. 9. Hydrology and Water Quality: Storm Drainage At present, the 0.12 -acre project site is undeveloped. The proposed residence would result in development of 2,168 s.f. of impervious surfaces (building, driveway, and porch), covering 41 percent of the site. Such a small increase in extent of impervious surfaces would not be expected to result in a significant change in downstream peak surface flows or runoff volumes from the project site. Runoff from the roof of the proposed residence and garage would collect in gutters and discharge via downspouts to splashblocks at the base of the residence. All surface flows would be directed away from buildings into drainage swales, storm drain inlets, and drainage systems. Project drainage plans indicate that overland flows would collect in six storm drain inlets around the residence. Six -inch PVC drain pipe on the north side of the site would convey accumulated drainage flows westward to detention trench consisting of a shallow gravel basin on the lower hillside of project site for on -site percolation. An overflow pumpwell would pump any excess accumulated runoff flows to an energy reduction box on Bella Vista Avenue for discharge by overland flow on the street. This storm drainage methodology is consistent with requirements on similar properties and proposes to direct drainage to public facilities and limit impact on adjacent properties. Although runoff from the proposed residence would be collected in a pipe system, storm flows would be discharged slowly into subsoils through the use of on -site infiltration areas, protecting surface water quality. Design and sizing of on -site percolation areas would be subject to review and approval by the Town, and such approval would reduce the potential for downstream flooding and erosion hazards to a less- than - significant level. Flood Hazards According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for the project area, the project site is not within the 100 -year floodplain. The Santa Clara Valley Water District's Maps of flood control facilities and limits of one percent flooding as well as the Town of Los Gatos Safety Element Flood Plain maps show the project site does not lie within a flood zone. Therefore, no significant flood hazard impacts would be anticipated. Water Quality New, more stringent water quality regulations of the Clean Water Act have recently been triggered because the NPDES (National Pollution Discharge Elimination System) permit program has failed to protect beneficial uses of Santa Clara County's creeks and the South San Francisco Bay. JUNE, 2011 10 MITIGATED NEGATIVE DECLARATION — 341 BELLA VISTA AVENUE Evidence includes 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. R2- 2009 -0074 of the NPDES permit program. However, single - family home projects that are not a part of a larger plan of development are not considered Regulated Projects per the provisions of C.3. In addition, the total development area would be less than one acre and, per the provisions of the State Construction General Permit, no Storm Water Pollution Prevention Plan (SWPPP) would be required for the project. The proposed project plans (Sheets C -1 through C -7, dated July 22, 2010) include extensive storm runoff collection and treatment facilities to address the maintenance of water quality conditions for drainage flows from impervious surfaces. The proposed project is a single family detached home and is therefore not a Regulated Project per Provision C.3. Even if both 339 and 341 Bella Vista proposals were considered combined, their total impervious area created and /or replaced would be approximately 5,050 s.f., which is below the Regulated Project threshold of 10,000 s.f. 10. Land Use and Planning: The proposed project is consistent with the existing General Plan designation of "Medium Density Residential, 5 12 units per acre." This designation allows for residential uses at densities of up to 12 units per acre. The proposed residence would be developed on a 0.12 -acre site, which would be within allowable densities. The minimum lot size in the R -1:8 zone is 8,000 square feet for each dwelling unit, and the proposed project would be located on a 5,240 square - foot lot. Since the lot is smaller than the required minimum lot size, it is considered a nonconforming lot. Nonconforming lots are considered a hardship for the owners and certain exceptions to the Town's Code (such as minimum building setbacks) may be allowed if consistent with established setbacks in the neighborhood. The project site is located adjacent to residential uses. Access is from Bella Vista Avenue and the project parcel is a residential lot that is undeveloped, located adjacent to developed residential properties to the west and east. The proposed single- family residential use would be consistent with existing adjacent and nearby single - family residential uses on Bella Vista Avenue. 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: The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 7 :00 p.m. on weekends and holidays. This ordinance also limits noise generation to 85 dBA at the property line or 85 dBA at 25 feet. Project construction would result in temporary short -term noise increases due to the operation of heavy equipment. Construction noise sources range from about 82 to 90 dBA at 25 feet for most types of construction equipment, and slightly higher levels of about 94 to 97 dBA at 25 feet for certain types of earthmoving and impact equipment. If noise controls are installed on construction equipment, the noise levels could be reduced to 80 to 85 dBA at 25 feet, depending on the type of equipment. With controls, construction noise levels could be made to comply with the Town Noise Ordinance. Residential uses are generally considered to be noise - sensitive uses or sensitive receptors. There are single- family residences located east and west of the site. The residences to the east are located approximately 65 feet from the proposed residence, while the townhomes to the west are located approximately 50 feet from the residence. At 50 feet, the ordinance noise limit (85 dBA at 25 feet) would result in maximum noise levels of 79 dBA, respectively at the closest residences to the west and east. Temporary disturbance (e.g., speech interference) can occur if the noise level in the interior of a building JUNE, 2011 11 MITIGATED NEGATIVE DECLARATION — 341 BELLA VISTA AVENUE 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. Therefore, even with compliance with the Noise Ordinance limit of 85 dBA at 25 feet, construction noise levels could result in periodic speech interference effects when heavy equipment is operated on the project site. However, such levels would only occur for a short period, primarily when grading and drilling equipment are operating near the western project boundary, not during the entire project construction period. Due to the small size of this project and short duration of construction, such a temporary impact would be mitigated to a less- than - significant level by enforcement of time restrictions and noise level standards contained in the Town Noise Ordinance. Long -term noise increases associated with the project would result from increased traffic along Bella Vista Avenue and residential activities (i.e., operation of appliances and maintenance equipment such as lawnmowers, blowers, etc.). Traffic increases associated with the project would be minor and would not significantly or measurably increase ambient noise levels in the project vicinity. Noise generated by project residential activities would be similar to noise generated by adjacent or nearby residential uses and would not conflict with the existing residential noise environment in the neighborhood. 13. Population and Housing: The proposed project would consist of one single- family residence on one parcel, and would not result in intensification of residential uses or significantly increase local or regional population. Since the project would not extend new roadways or utilities to any adjacent undeveloped lands, the project would not induce new growth. The project site is currently undeveloped and no existing housing units would be displaced by the project. 14: Public Services: Services are currently provided to residential uses surrounding the project site. The project would not significantly increase demand for public services since this is an in -fill development and services are already provided to the surrounding area. The Santa Clara County Fire Department provides fire protection services to the project area. The Department has reviewed the proposed project only with respect to site access and water supply as they pertain to fire department operations. The required fire flow of 1,000 gpm at 20 psi residual pressure is available from area water mains and fire hydrant(s) meet the required spacing. The proposed residence also would be subject to formal plan review by the Department requirements and will be required to comply with adopted model codes. 15. Recreation: The proposed addition of one residential unit would incrementally add new population to the area, and thereby increase the demand for recreational services. This incremental increase would not be significant given the small size of the project. 16. Transportation and Traffic: The Town's Traffic Impact Policy (Resolution 1991 -174) specifies that a project with a traffic impact of 19 or less additional AM or PM peak hour trips could be approved without a comprehensive traffic report if it is determined that the benefits of the project to the Town would outweigh the impact of increased traffic. However, the project would be subject to payment of a traffic mitigation fee. The project would result in a net increase of ten trips per day with one trip during the AM peak hour and one trip during the PM peak hour. According to the Town's traffic determination, traffic generated by the proposed project would represent a minor impact and no additional traffic studies would be required. The Town's Zoning Ordinance would require provision of two parking spaces for the proposed single - family residence. The project would meet the parking requirements by provision of a two -car garage and two additional parking spaces in the proposed driveway. Approximate grading quantities for the project are 274 c.y. of cut and 88 c.y. of fill, resulting in a net export of 185 c.y, of fill. Export of 185 c.y. of material off -site could generate up to 15 truckloads or a JUNE, 2011 12 MITIGATED NEGATIVE DECLARATION — 341 BELLA VISTA AVENUE total of 30 one -way truck trips (assuming 12 c.y. per haul truck). If the adjacent home (339 Bella Vista) is constructed at the same time, a total of 28 truckloads or 56 one -way truck trips could be generated on Bella Vista Avenue. Since the Town will prohibit haul truck operations on local roads between 7 a.m. and 9 a.m. as well as 4 p.m. and 6 p.m., trucks operations would occur 6.5 hours per day. Assuming approximately five to nine trucks could be filled per hour, the 28 truckloads or 56 truck trips would occur over a one- to two -day period. Due to access limitations on Bella Vista Avenue, the Town will require the applicant to work with the Town Parks and Public Works Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This would include, but would not be limited to, provisions for the developer /owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. All trucks hauling soil, sand, and other loose debris will be required to follow a designated route between Los Gatos Boulevard and Bella Vista Avenue (as specified by the inspector) and be covered (or at least two feet of freeboard must be maintained). These requirements will reduce potential traffic safety hazards to a less- than - significant level. 17. Utilities and Service Systems: Utilities are currently provided to adjacent residential uses. While some utility extensions may be required onto the site, no major off -site utility improvements would be expected to be required for project development since this is an in -fill development and involves development of one residence on one existing parcel. 15. Cumulative Impacts: When the proposed project is considered together with the home proposed on the adjacent property at 339 Bella Vista Avenue, the proposed project could contribute to cumulative impacts, particularly those related to biological resources and traffic during and after construction. The project's contribution to cumulative impacts associated with construction of both proposed homes are described under relevant topics above. With implementation of mitigation measures specified in this report, they were determined to be less than cumulatively considerable and therefore, less than significant. Copies of the Initial Study used to make the above recommendation are on file and available for public inspection during regular business hours at the Town Community Development Department, 110 East Main Street, Los Gatos, California. Date Wendie R. Rooney, Director of Community evelopment JUNE, 2011 13 This Page Intentionally Left Blank °wN TOWN OF LOS GATOS ITEM NO: 1 PLANNING COMMISSION STAFF REPORT 1p Meeting Date: October 12, 2011 PREPARED BY: Suzanne Davis, Senior Planner sdavis6 ,los atg osca.gov APPLICATION NO: Architecture and Site Applications S -06 -46 and S -06 -64 Lot Line Adjustment Application M -06 -09 Variance Application V -11 -001 Negative Declarations ND -10 -02 and ND -08 -03 LOCATION: 339 and 341 Bella Vista Avenue (west side of Bella Vista Avenue, north of Charles Street) APPLICANTS: Jake Peters and Dan Ross PROPERTY OWNERS: same CONTACT: Dan Ross APPLICATION SUMMARY: Requesting approval of a lot line adjustment, a variance for reduced driveway length, and to construct two new single - family residences with reduced setbacks and that exceed the allowable floor area ratio. APNs 529 -23 -015 & 016. DEEMED COMPLETE: September 15, 2011 FINAL DATE TO TAKE ACTION: Final action on the subject applications is required by CEQA Section 15107, within six months of the application being deemed complete (March 15, 2012). RECOMMENDATION: Soft approval PROJECT DATA: General Plan Designation: Low Density Residential Zoning Designation: R -1:8 Applicable Plans & Standards: Zoning Ordinance General Plan Parcel Sizes: 6,049 square feet - 341 4,106 square feet - 339 Surrounding Area: j Existing Land Use General Plan Zoning No rth ...................................................................................................... { Residential ..... ............................_..................,................_...............,...._.................. Medium Density .... ........ ........ ........ ...................... ........................ ..... R -1:8 & Residential j RM:5 -12 ......................... .... .. East ......................... ............................ . ........................ _ ............................ Single- Family Res .............. . ........ .... .............................................................................. ........... Medium Density Res. ..... .................................. _ ......... ................................. J R- 1.8....... ............... .............._..............,. South Residential ............................ ............................... Medium Density Res. 1 RM:5 -12 ............... ............................... West ...._......_ ................ .................... Residential ................ .......... Medium Density Res. RM:S -12:PD Planning Commission Staff Report - Page 2 339 & 341 Bella Vista Avenue /5 -09 -064 ND -10 -002 October 12, 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: ■ That the project will not have a significant impact on the environment and a Mitigated Negative Declaration was prepared. ■ That the project is consistent with the Hillside Development Standards and Guidelines. n As required by Section 29.20.170 of the Zoning Ordinance for the granting of a variance. CONSIDERATIONS: ■ As required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application. ■ As required by Section 29.40.015.B(1) of the Town Code for granting reduced setbacks. ACTION: The Planning Commission is the final review body for these applications unless an appeal is filed. EXHIBITS: Previously received under separate cover: 1. Mitigated Negative Declaration — 339 Bella Vista 2. Mitigated Negative Declaration — 341 Bella Vista Attached to this report: 3. Location map 4. Mitigation Monitoring Program (three pages) 5. Required findings (two pages) 6. Recommended conditions of approval (10 pages) 7. Project data sheets (two pages) 8. Consulting Architect's report (three pages), received May 18, 2011 9. Consulting Arborist report (five pages), dated February 24, 2011 10. Applicant's letter (two pages), received September 12, 2007 11. Neighborhood correspondence (69 pages) 12. Development Plans for 339 Bella Vista (19 sheets), received September 15, 2011 13. Development Plans for 341 Bella Vista (19 sheets), received September 15, 2011 Planning Commission Staff Report - Page 3 339 & 341 Bella Vista Avenue /5 -09 -064, ND -10 -002 October 12, 2011 BACKGROUND The subject properties are located on the westerly side of Bella Vista Avenue, north of Charles Street. The lots were created in 1938 by grant deed and are legal, nonconforming parcels since they are smaller than 8,000 square feet. With respect to nonconforming lots, Section 29.10.265 of the Town Code specifies that if the lot is in a residential zone and recognized by the Town as a lawful, separate non - merged lot, a single- family dwelling may be erected if architecture and site approval is obtained. Although the properties are zoned R -1:8, they are located in the Hillside Area and are subject to the Town's Hillside Development Standards and Guidelines. The applications were scheduled for consideration at the September 28, 2011 meeting. The legal ad did not include the requested variance application and the projects were re- advertised, necessitating a continuance to the October 12, 2011 meeting. PROJECT DESCRIPTION A. Location and Surrounding Neighborhood The subject properties are located along a wooded stretch of Bella Vista Avenue. Immediately below the site (west) are townhomes on Maggi Court. Properties across Bella Vista (east) are developed with single - family homes. Although there are existing single - family residences along the west side of Bella Vista, there is a gap in the vicinity of the project site, and there are no abutting homes on the either side of the two parcels. B. Lot Line Adjustment A lot line adjustment is being requested to shift land between the two parcels so they are of similar size. Both parcels are nonconforming as they are smaller than the 8,000 square foot minimum required by the R -1:8 zone. The proposed lot line adjustment would result in increasing the size of the parcel at 339 Bella Vista while reducing the size of the parcel at 341 Bella Vista as shown below: r Existing parcel sizes Proposed parcel sizes lot l - 341 Bella Vista 4,106 square feet 5,240 square feet lot 2 - 339 Bella Vista 6,049 square feet 4,915 square feet The new lot line between the two parcels was placed in the proposed location in order to save the large oak tree located in the center of total property. Not approving the lot line adjustment would not change the ability of the applicants to propose development on Planning Commission Staff Report - Page 4 339 & 341 Bella Vista Avenue /5 -09 -064 ND -10 -002 October 12, 2011 either property, although it would require a redesign of the house on lot 1 (341 Bella Vista) as it may not cross a property line. C. Architecture and Site Approval •oval Architecture and Site (A &S) approval is required to construct a new residence. New residences of the sizes proposed are typically reviewed by the Development Review Committee. Staff referred these applications to the Planning Commission as the sites are very constrained, both A &S applications include a request for an exception to exceed the allowable FAR, there is a variance request relative to the length of the driveways, and there are a number of neighbors opposed to the project. D. Zoning Compliance As permitted by Town Code, the applicant is requesting reduced setbacks for both lots as shown in the following table (minimum setbacks are in italics and reduced setbacks are in bold type). Each lot has two setbacks that are less than the minimums required in the R- 1:8 zone. Y. front (20) left side (8') right side (8) rear (20 )' 339 5' 6" 12 18' 14' 341 7' 2' 17' 25 Both homes are designed at a higher floor area ratio (FAR) than allowed by Code. The table below shows the allowable and proposed floor area numbers for the houses and garages. *399 sq. ft. cellar excluded for 339 and 835 sq. ft. cellar for 441 excluded E. Hillside Development Standards & Guidelines When the HDS &G was adopted in January 2004, R -1 lots with a hillside environment and /or steep slopes were included. The subject properties are in the Hillside Area and were evaluated against applicable standards and guidelines in the HDS &G. The applicant is requesting an exception to the standard that restricts grading cut and fill depths. In addition, the proposed buildings will not be located within the least restricted Allowable floor^ area (square feet) Proposed floor area (sq. ft.) ._. house garage house garage 339 785 400 1,920* 441 341 835 400 1,838* 441 *399 sq. ft. cellar excluded for 339 and 835 sq. ft. cellar for 441 excluded E. Hillside Development Standards & Guidelines When the HDS &G was adopted in January 2004, R -1 lots with a hillside environment and /or steep slopes were included. The subject properties are in the Hillside Area and were evaluated against applicable standards and guidelines in the HDS &G. The applicant is requesting an exception to the standard that restricts grading cut and fill depths. In addition, the proposed buildings will not be located within the least restricted Planning Commission Staff Report - Page 5 339 & 341 Bella Vista Avenue /5 -09 -064, ND -10 -002 October 12, 2011 development area (LRDA). There is essentially no available LRDA. Slopes greater than 30% are not considered part of the LRDA. In this case, the entire property has slopes in excess of 30% and the resultant building sites will be steeper than typically allowed. ANALYSIS: A. Architecture and Site The applicant is proposing to adjust the lot line between the two lots to make them more similar in size and to construct two new single- family residences with attached garages. The homes are one -story at the front and two - stories at the rear. General project data is included in Exhibit 6. The Consulting Architect visited the sites and reviewed the plans for the project. The Architect commented that the houses are very well designed, with good materials and interesting details that are consistent with their architectural styles, and each has its own unique identity due to variations in exterior details. The Architect's recommendations to carry the shingle and siding wall material down over these lower floors and to increase the distance between the houses have been incorporated into the plans. While the style and size of the proposed residences are appropriate for the neighborhood, the building sites are very constrained due to steep slopes and a number of mature trees. Staff is concerned that both homes are over 1,000 square feet larger than allowed by the FAR calculation (refer to discussion in the floor area section of this report). B. Nei hg borhood Compatibility The following chart provides a comparison of house, garage and FARs for neighboring homes. Data was obtained from County and Town records and does not include cellars. Address House sf Garage sf Lot Size sf Z , Stories FAR 312 Bella Vista 884 324 10,050 1 .09 316 Bella Vista 1,344 520 9,420. 2 .14 320 Bella Vista 2,407 224 9,744 2 .25 322 Bella Vista 3,500 504 9,231 2 .38 326 Bella Vista 1,591 360 11,024 .14 Planning Commission Staff Report - Page 6 339 & 341 Bella Vista Avenue /S -09 -064, ND -10 -002 October 12, 2011 Address Howe sf Garage s dot Sate sf Stoi ies FA$ 332 Bella Vista 1,571 520 15,246 2 .10 333 Bella Vista* 1,392 - 4,900 .28 338 Bella Vista* 1,157 252 2,035 1 .57 339 Bella Vista 1,920 441 4,915 2 .39 341 Bella Vista 1,838 441 5,240 2 .35 *two units on property The townhouse complex on Maggi Court that is located below the site includes 12 units that are 1,650 square feet and one unit that is 1,421 square feet. C. Floor Area The floor area ratio (FAR) calculations for residential zones was used to calculate the maximum floor area for the subject properties. The maximum allowable floor area specified by the HDS &G is up to 3,800 square feet per lot, whereas the R -1 FAR formulas result in a greater restriction on floor area (refer to the floor area table in the Zoning Compliance section). The HDS &G specifies, and it is staff practice, to apply the more stringent requirement when there are conflicting standards or guidelines. In addition, the FAR formula is a Town Code whereas the floor area criteria in the HDS &G is an adopted standard. As required by the Zoning Ordinance, two parking spaces are required for a single- family residence. The FAR regulations were established with a provision that owners of a residential lot have the ability to build a two -car garage, regardless of FAR restrictions. The minimum size for a two -car garage that complies with the Zoning Ordinance is 400 square feet. The applicants are proposing 441 square foot garages, which will provide a small area for storage in addition to the required parking spaces. A slope reduction of 60% is applicable for the FAR calculations for both lots since the average slope is greater than 30 %. This reduces the net lot area considerably, and correspondingly, the maximum FAR. The applicant is requesting an increase in FAR for both houses and garages. Although an applicant can request to exceed the FAR, the size of the proposed homes may be too great given the site constraints and the proximity of existing residences below the site. The burden is on the applicant to demonstrate why the proposed floor area is appropriate and should be approved. The applicant maintains that the homes are compatible with the neighborhood and consistent with the varying lot sizes, home sizes and architectural styles in the area. The Commission should discuss this issue and determine if the proposed home sizes are appropriate given the topographic j Planning Commission Staff Report - Page 7 339 & 341 Bella Vista Avenue /5 -09 -064, ND -20 -002 October 12, 2011 constraints and visual and privacy impacts on residences below the site. The Commission can use floor area and FAR numbers for the single - family homes in the immediate area as a guide (refer to the table in the Neighborhood Compatibility section of this report). For comparative purposes, the following summary is for an approved residence at 52 Oak Hill Way, a parcel with similar characteristics (wooded building site with slopes greater than 30 %): House size: 1,616 square feet (excludes 1,364 square foot cellar and covered patios) Garage size: 400 square feet (excludes one -car carport) Height: 29'6" Footprint width: 77 feet Footprint depth: 42 feet Tree removals: 14 D. Driveway Length Variance The Town Code requires a minimum driveway length of 18 feet. While the proposed driveways will be longer than 18 feet, some of that area is within the public right -of -way rather than entirely on the project site. This situation is similar to most of the homes built along the west side of Bella Vista. Pushing the garage further down the slope in order to provide 18 -foot long driveways entirely within the two lots would be counterproductive as it would mean a longer and steeper driveway, a greater amount of impervious surface, more grading and potentially higher retaining walls. Staff supports the requested variance to allow a reduced driveway length due to the slope and topography on the sites, locations of trees that will be retained. It provides the best access the garages while minimizing site impacts, and there are a number of homes on Bella Vista that have been approved in the same manner. The Commission must make three findings in order to grant the variance (see Exhibit 5). E. Trees There are a number of trees on the site, most of which are Coast Live Oaks. The applicant provided an arborist report that was peer reviewed by the Town's Consulting Arborist, David Babby of Arbor Resources. The Consulting Arborist also reviewed the development plans and visited the site. One of the primarily goals was to save the large oak that is roughly in the center of the site. The minimum setbacks recommended by the arborist have been met. The applicants are proposing to remove six trees that are consistent with tree removal criteria in the Town's Tree Protection Ordinance. Six additional trees will be impacted by construction, which will likely cause them to decline prematurely. The Arborist developed additional recommendations to reduce the impacts to these trees (see Exhibit 8). Planning Commission Staff Report - Page 8 339 & 341 Bella Vista Avenue /5 -09 -064, ND -10 -002 October 12, 2011 F. Drainage A basic principle of drainage law and design is that an uphill property has a right to continue to drain downhill provided that the character, volume and location of the runoff is not intensified or concentrated. The runoff from the roofs of the proposed residences will collect in house gutters and drain into the proposed underground stormdrain system with inlets and pipes. Surface flows from the improved areas will be directed away from buildings into drainage swales, storm drain inlets and underground pipe systems. Surface flow from the undisturbed pervious areas will remain as the current existing condition. Drain pipes on the east and south sides of the site will convey drainage flows to detention trenches on the lower slope of the project site for on -site detention infiltration trenches to capture and infiltrate runoff on -site. Any excess runoff from the detention trenches will be pumped to energy reduction boxes on Bella Vista Avenue for release by overland flow onto the public street. The drainage design is consistent with requirements on similar properties and will direct drainage to public facilities, limiting impact to adjacent properties. Runoff from the proposed residences will be collected in an underground pipe system and storm drain flows will infiltrate into the ground through the use of on -site infiltration trenches. The drainage system will reduce the amount of actual runoff from the proposed impervious areas, and is compliant with the requirement to not exceed the pre - development runoff volume. G. Grading The applicant is requesting an exception to the grading cut and fill standard specified in the Hillside Development Standards and Guidelines (HDS &G). Both houses are being lowered into the site, presenting a one -story profile from the street. Added fill is being used to provide functional driveways and access to the garages. Staff supports the proposed grading as it will result in lower retaining wall heights and more functional driveways. Lowering the homes into the site is also a positive result, although it will not prevent the homes from having a two -story profile at the rear. H. 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 105 (339 Bella Vista) and 106 (441 Bella Vista). Condition #4 requires the project to be certified as green using the GreenPoint checklist. r Planning Commission Staff Report - Page 9 339 & 341 Bella Vista Avenue /5 -09 -064, ND -10 -002 October 12, 2011 I. CEQA Determination An Initial Study and Mitigated Negative Declaration (MND) was prepared for each of the proposed residences. The environmental analysis was completed by Geier & Geier Consulting, the Town's Environmental Consultant. The 20 -day public review period ended on July 11, 2011. In addition to Architectural review, Arborist and Geotechnical peer reviews were completed for the project (initial reports were prepared by outside consultants and submitted by the applicant). The Geotechnical investigation concluded that the site is buildable from a geotechnical perspective. The arborist who prepared the initial tree survey and evaluation, Deborah Ellis, is now one of the Town's Consulting Arborists. The peer review was conducted by Arbor Resources, PUBLIC COMMENTS The applicant had two meetings with neighbors and attempted to solicit input on several other occasions. Some neighbors have been unwilling to speak directly with the applicant. Staff arranged a neighborhood meeting through a Bella Vista resident on August 4, 2011, and notified all neighbors who had provided contact information to the Town. None of the neighbors attended the meeting. Staff previously met with several Maggi Court residents to discuss their concerns and to explain the process and how the residents could participate. Written notice was sent to property owners and tenants within 300 feet of the property. A number of neighbors have submitted written comments (see Exhibit 11). Concerns cited by neighbors are as follows: ® Parking impacts on Bella Vista ® Traffic on Bella Vista ® Safety (Bella Vista heavily used by bicyclists and pedestrians) ® Construction impacts Proposed size of homes /lack of compliance with FAR ® Tree impacts ® Photo simulations should be provided ® Property values ® Privacy (residents below the site) ® Visual impact (residents below the site) ® Drainage ® Exterior lighting ® Noise from mechanical equipment Planning Commission Staff Report - Page 10 339 & 341 Bella Vista Avenue /5 -09 -064, ND -10 -002 October 12, 2011 CONCLUSION AND RECOMMENDATION A. Conclusion In summary, the applicant is requesting a variance to allow reduced driveway length and the following exceptions: 1. Reduced setbacks (front and rear for 339, and front and side for 441) 2. Exception to the HDS &G for grading cut and fill depths and LRDA 3. Increase in FAR .Due to topographical constraints and based on the existing development pattern along the west side. of Bella Vista Avenue where most of the existing homes have reduced driveway lengths, staff recommends approval of the Variance application. Reduced setbacks are commonly approved for nonconforming lots, and have been allowed within the Bella Vista neighborhood. The new residences will be compatible with the neighborhood with the proposed setbacks, and staff recommends approval of the request for reduced setbacks. The requested exception to HDS &G standard III.A.1. to exceed maximum grading cut and fill depths is supported by the need to provide functional driveways and access to garages, and lowering the homes into the site, presenting one -story profiles from Bella Vista Avenue. Many of the homes on the west side of Bella Vista are one -story from the street. With regard to HDS &G Standard II.C.1., it is not possible to develop the homes on slopes less than 30% as the entire property is comprised of slopes in excess of that. The requested floor area significantly exceeds that allowed by Code, and with a two -story profile on the rear, the proposed homes will have a visual and privacy impact on the neighbors living in the Maggi Court townhomes below the site. The houses could be reduced in size to alleviate some of the visual impact. If the Commission decides that the proposed home sizes are too large, the applications should be continued to a date certain and the applicant directed to revise the plans accordingly. B. Recommendation The Planning Commission should take the following actions to approve the project: 1. Make the Mitigated Negative Declarations (Exhibits 2 and 3) and adopt the Mitigation Monitoring Plan (Exhibit 4); 2. Make the required findings and considerations (Exhibit 5); 3. Approve Variance application V -11 -001; 4. Approve Lot Line Adjustment Application M- 06 -09; Planning Commission Staff Report Page 11 339 & 341 Bella Vista Avenue /S -09 -064, ND -10 -002 October 12, 2011 5. Approve Architecture and Site Applications S -06 -46 and S- 06 -64, subject to the conditions in Exhibit 6. Fog; Pre d by: Suzanne Davis, AICP Senior Planner do /62AI Approv d y: endie ooney Director of Community Development WRR: SD: ct cc: Dan Ross, 188 Villa Avenue, Los Gatos, CA 95030 Jake Peters, P.O. Box 3486, Ketchum, ID 83340 David Britt, Britt -Rowe, 108 N. 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I M C Er (, . a) _ Q O C O CL O p .t C '6 2 O Q L N CC O Q§ 1- ci CL m a) IM � I O O a) p U a) V) p o M a) v c U O� m i s O Q a° O �' v Y (n O bO _O op v - o v x v L a E m y o a) > C) N U' H 0 n a L v� a) m— a m _6 m This Page Intentionally Left Blank DEVELOPMENT REVIEW COMMITTEE — OCTOBER 12, 2011 REQUIRED FINDINGS & CONSIDERATIONS FOR: 339 & 341 Bella Vista Avenue Architecture and Site Application S -06 -46 and S -06 -64 Variance Application V -11 -01 Subdivision Application M -06 -09 Mitigated Negative Declarations ND -08 -02 and ND -08 -03 Requesting approval of a lot line adjustment between two parcels, a variance for reduced driveway length, and to construct two new single family residences with reduced setbacks and that exceed the allowable Floor Area Ratio on property zoned R -1:8. No significant environmental impacts have been identified as a result of this project and Mitigated Negative Declarations are recommended. APN 529 -23 -015 & 016. PROPERTY OWNER/APPLICANT: Jake Peters and Dan Ross FINDINGS: As required by Section 29.20.170 of the Zoning Ordinance for the granting of a variance: There are special circumstances applicable to the property, including the small lot size and topographic constraints that the strict application of the ordinance would deprive the property owners of privileges enjoyed by other properties in the vicinity within the R -1:8 zone as evidenced by the majority of the homes along the westerly side of Bella Vista Avenue having driveway lengths that are less than 18 feet. Locating the garages further downslope would be more impactful to the site. The granting of the variance would not constitute a grant of special privileges inconsistent with other properties in the vicinity and within the same zone. Required Compliance with Hillside Development Standards and Guidelines: An exception is being granted to allow cut and fill depths that exceed grading standard III.A.1. to provide functional driveways and access to the garages, to minimize wall heights and grading volumes, and to lower the houses into the site. An exception to LRDA standard II.C.1 is being granted because the entire property is comprised of slopes exceeding 30% malting it physically impossible to locate the homes on slopes less than 30 %. The plans were reviewed by the Town's Consulting Architect and found to be compliant with applicable architectural standards and guidelines. CONSIDERATIONS: Required considerations in review of Architecture and Site applications: As required by Section 29.20,150 of the Town Code, the considerations in review of an architecture and site application were all made in reviewing this project. The homes are well designed and compatible with the neighborhood in terms of architectural style and size. EXHIBIT 5 Required considerations when reviewing structures with reduced setbacks: Pursuant with Section 29.40.015.B(1) of the Town Code, the considerations in review of a request for two new residences with reduced setbacks were all considered in reviewing this project. There are other structures with reduced setbacks in the neighborhood and the proposed residences will be consistent with prior approvals for nonconforming lots and compatible with the neighborhood, in particular, existing homes along the westerly side of Bella Vista Avenue. NADEWINDINGM201 I \BELLA VI STA339- 341.DOC PLANNING COMMISSION — OCTOBER 12, 2011 CONDITIONS OF APPROVAL 339 & 341 Bella Vista Avenue Architecture and Site Application S -06 -46 and S -06 -64 Variance Application V -11 -01 Subdivision Application M -06 -09 Mitigated Negative Declarations ND -08 -02 and ND -08 -03 Requesting approval of a lot line adjustment between two parcels, a variance for reduced driveway length, and to construct two new single family residences with reduced setbacks and that exceed the allowable Floor Area Ratio on property zoned R -1:8. No significant environmental impacts have been identified as a result of this project and Mitigated Negative Declarations are recommended. APN 529 -23 -015 & 016. PROPERTY OWNER/APPLICANT: Jake Peters and Dan Ross TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL. This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved by the Planning Commission on October 12, 2011, and noted as received by the Town on September 15, 2011. Any changes or modifications to the approved plans shall be approved by the Community Development Director or the DRC, depending on the scope of the changes. 2. EXPIRATION. The Architecture & Site approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval is used prior to expiration. 3. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 4. GREEN BUILDING. The houses shall be designed to achieve compliance with GreenPoint Rated Standards for green building certification. The GreenPoint checklist shall be completed by a Certified Green Building Professional. 5. OUTDOOR LIGHTING. House exterior and landscape lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. The outdoor lighting plan will be reviewed during building plan check. Any changes to the lighting plan shall be approved prior to installation. 6. TREE REMOVAL PERMIT. A Tree removal Permit shall be issued for trees to be removed. Replacement trees shall be planted based on the Canopy Replacement Table in the Tree Protection Ordinance prior to final inspection 7. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees to be saved, and shall remain through all phases of construction. Fencing shall be six foot high cyclone attached to two -inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. HI T 6 339 & 341 Bella Vista Avenue /S -06 -046 & S -06 -64 Conditions of Approval Page 2 of 10 8. *BIOLOGICAL RESOURCES MITIGATION MEASURE -1. If tree removal, pruning, or grubbing activities are necessary, such activities should be conducted outside of the breeding season between September 1 and January 31 to avoid impacts to nesting birds. 9. *BIOLOGICAL RESOURCES MITIGATION MEASURE -2. If project construction begins during the breeding season (February 1 to August 31) preconstruction surveys shall be conducted within the project footprint and a 300 -foot buffer, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning /grubbing or surface- disturbing activities. If no active nests are found, no further mitigation is necessary. 10. *BIOLOGICAL RESOURCES MITIGATION MEASURE -3. If active nests with eggs or young birds present are found, non - disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair's tolerance to disturbance and the type /duration of potential disturbance. No work shall occur within the non - disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in cooperation with the CDFG and the USFWS. If buffers are established and it is determined that project activities are resulting in nest disturbance, work should cease immediately and the CDFG and the USFWS should be contacted for further guidance. 11. *BIOLOGICAL RESOURCES MITIGATION MEASURE -4. If active nests are found within 300 feet of the project area, a qualified biologist shall be on site to monitor the nests for signs of nest disturbance. If it is determined that construction activity is resulting in nest disturbance, work shall cease immediately and the CDFG and the USFWS shall be contacted. 12. *BIOLOGICAL RESOURCES MITIGATION MEASURE -5. Preconstruction surveys shall be conducted to identify suitable bat roosting habitat including rock outcroppings, snags, rotten stumps, decadent trees with broken limbs, exfoliating bark, cavities, etc. Sensitive habitat areas and roost sites shall be avoided to the maximum extent practicable. If no suitable roost sites or evidence of bat roosting are identified, no further minimization measures are necessary. 13. *BIOLOGICAL RESOURCES MITIGATION MEASURE -6. If suitable bat roosting habitat is identified, the following measures shall be conducted: a. A qualified biologist shall survey suitable roost sites immediately prior to the removal or grading of rock outcroppings, debris piles, man -made structures, etc. b. Removal of suitable tree roost sites shall be conducted by first removing limbs smaller than 3 inches in diameter and peeling away loose bark. The tree should then be left overnight to allow any bats using the tree /snag to find another roost during their nocturnal activity period. C. A qualified biologist shall survey the trees /snags a second time the following morning prior to felling and removal. d. Trees should be removed during the non- breeding season (Sept. 1 to Feb. 1) to avoid disturbance to maternal colonies or individuals. 14. *BIOLOGICAL RESOURCES MITIGATION MEASURE -7. All recommendations of the Project and Town's Consulting Arborist shall be followed throughout all phases of construction. Refer to the reports prepared by Deborah Ellis dated February 8, 2005, and reports from Arbor Resources dated January 29, 2007, and February 24, 2011, for details. Tree protection specifications shall be printed on the construction plans. 339 & 341 Bella Vista Avenue /S -06 -046 & 5 -06 -64 Conditions of Approval Page 3 of 10 15. STORY POLES. The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application. Building Division 16. *AIR QUALITY MITIGATION MEASURE: To limit the project's construction- related dust, criteria pollutant, and precursor emissions, the following BAAQMD -recommended Basic Construction Mitigation Measures shall be implemented: a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. C. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. A publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints shall be posted at the site. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 17. PERMITS REQUIRED: A building permit is required for the new single family residence. Separate permits are required for electrical, mechanical and plumbing work as necessary. 18. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on the cover sheet of the construction plans. A compliance memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 19. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36." 20. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics (California Building Chapter 18). 339 & 341 Bella Vista Avenue /5 -06 -046 & 5 -06 -64 Conditions of Approval Page 4 of 10 21. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor may be required to be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report; and, the building pad elevation, on -site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pad elevation b. Finish floor elevation C. Foundation corner locations d. Retaining Walls 16. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with adaptability features for single family residences per Town Resolution 1994 -61: a. Wooded backing (2 -inch x 8 -inch minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs located 34- inches from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32- inches wide on the accessible floor. C. Primary entrance shall a 36 -inch wide door including a 5'x5' level landing, no more than 1 -inch out of plane with the immediate interior floor level with an 18 -inch clearance at interior strike edge. d. Door buzzer, bell or chime shall be hard wired at primary entrance 17. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF- 1R, MF -1R, and WS -5R must be blue -lined on the plans. 18. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12- inches above the elevation of the next upstream manhole. 19. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance as per Town Ordinance 1905. Tree limbs within 10 feet of chimneys shall be cut. 20. FIRE ZONE: The project requires a Class A roof assembly. 21. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled -out, signed by all requested parties, and be blue -lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter or at www.losgatosca.gov /building. 22. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program sheet (or 24x36 Clean Bay sheet) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Counter for a fee of $2 or at San Jose Blue Print for a fee. 339 & 341 Bella Vista Avenue /S -06 -046 & S -06 -64 Conditions of Approval Page S of 10 23. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development- Planning Division: Suzanne Davis (408) 354 -6875 b. Engineering /Parks & Public Works Department: Trang Tu- Nguyen (408) 354 -5236 C. Santa Clara County Fire Department: (408) 378 -4010 d. West Valley Sanitation District: (408) 378 -2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS Engineering Division 24. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 25. `GEOLOGY AND SOILS MITIGATION MEASURE. The project shall incorporate all recommendations in Ali M. Oskoorouchi's geological and geotech nical investigation for the proposed project in order to minimize the potential impacts resulting from regional seismic activity and subsurface soil conditions on the site. 26. SOILS REPORT. 27. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 28. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and /or backfill so they can verify that the actual conditions are as anticipated in the design -level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as- built" letter /report prepared by the applicant's soils engineer and submitted to the Town before final release of any occupancy permit is granted. 29. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall -top of wall elevations and locations b. Toe and top of cut and fill slopes 339 & 341 Bella Vista Avenue /S -06 -046 & S -06 -64 Conditions of Approval Page 6 of 10 30. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 31. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and Horizontal foundation placement. 32. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre - construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters. b. Aclalowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub - contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 33. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 34. CERTIFICATE OF LOT LINE ADJUSTMENT. A certificate of Lot Line Adjustment shall be recorded. Two copies of the legal description for each new lot configuration, a plat map (8 1 /2 inches by 11 inches) and two copies of the legal description of the land to be exchanged shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. The submittal shall include closure calculations, title report less than 90 days old and the appropriate fee. The certificate shall be recorded prior to issuance of any permits. 35. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. 36. ENCROACHMENT PERMIT. All work in the public right -of- -way will require a Construction Encroaclunent Permit. All work over $5,000 will require construction? security. 37. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to oil -site drainage facilities, grading or paving, and all work in the Town's right -of -way. Failure to do so will result in rejection of work that went on without inspection. 38. DESIGN CHANGES. The applicant's registered Engineer shall notify the Town Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the approval of the Town before altered work is started. Any approved changes shall be incorporated into the final "as- built" drawings. 339 & 341 Bella Vista Avenue /5 -06 -046 & 5 -06 -64 Conditions of Approval Page 7 of 10 39. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a proportional the project's share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The fee shall be paid before issuance of a building permit. The traffic impact mitigation fee for this project using the current fee schedule is $5,742. The final fee shall be calculated form the final plans using the rate schedule in effect at the time the building permit is issued. 40. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 41. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing /building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of Order No. R2 -2005 -0035 of the amended Santa Clara County NPDES Permit. 42. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late- afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork 339 & 341 Bella Vista Avenue /S -06 -046 & 5 -06 -64 Conditions of Approval Page 8 of 10 activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 43. PEDESTRIAN TRAIL. No access or use of the trail shall be allowed without prior written approval of the property owners. If permission is obtained the trail shall be restored to preconstruction conditions prior to final. 44. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations. Plans need to be approved prior to issuance of grading permit. 45, CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§ 15.40.070). 46. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly comiected to public storm system shall be stenciled /signed with appropriate "NO DUMPING - Flows to Bay" NPDES required language. 47. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 48. NPDES. On -site drainage systems for all projects shall include one of the alternatives included in section C.3 J of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be placed 10 feet minimum from adjacent property line(s) and /or right -of -way. 49. UTILITIES. The developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. Applicant is required to obtain approval of all proposed utility aligmrnents from any and all utility service providers. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 50. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 339 & 341 Bella Vista Avenue /S -06 -046 & S -06 -64 Conditions of Approval Page 9 of 10 51. DRIVEWAY APPROACH. The developer shall install one Town standard residential driveway approach. The new driveway approach shall be constructed per Town Standard Details. 52. SIDEWALK IN -LIEU FEE. A sidewalk in -lieu fee shall be paid prior to issuance of a building permit. This fee is based on total square feet of 4.5-foot wide sidewalk at $16 /SF in accordance with Town policy. 53. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 54. FENCING. Any fencing within 200 feet of an intersection shall comply with Town code section 23.10.080. 55. AS -BUILT PLANS. An AutoCAD disk of the approved "as- built" plans shall be provided to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: a) Building Outline, Layer: BLDG- OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Property Line, Layer: PROPERTY -LINE; e) Contours, Layer: NEW CONTOUR. All as -built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 56. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 57. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean -out at the property line. 58. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and 9:00 a.m, to 7:00 p.m., weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty -five (85) dBA. 339 & 341 Bella Vista Avenue /S -06 -046 & S -06 -64 Conditions of Approval Page 10 of 10 59, GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 60. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or evening peals periods (between 7:00 a.m. and 9:00 a.m, and between 4:00 p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the developer /owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 61. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. An approved automatic fire sprinkler system is required for the new residences, hydraulically designed per National Fire Protection Association (NFPA) Standard #13D. A State of California (C -16) Fire Protection contractor shall submit plans, calculations, a completed permit application and appropriate fees to the Fire Department for approval, prior to begiiuzing their work. 62. POTABLE WATER SUPPLIES. Potable water supplies shall be protected from contamination caused by fire protection water supplies. The applicant shall contact the providing water purveyor and shall comply with all requirements of that purveyor. The fire sprinkler system shall be designed in compliance with water purveyor requirements; final approval of the system will not be granted by the Fire Department until written confirmation is received from the water purveyor. 63. PREMISE IDENTIFICATION. Approved addresses shall be placed on the new residences so they are clearly visible and legible from Bella Vista Avenue. Numbers shall be a minimum of four inches high and shall contrast with their background. N ADEWONDITNS\201 I \Bel IaV ista339- 341- A &S,doc N: \D EV\SUZAN N E \M ISC\ ProjectDataSheels \SFRdata- R- 1 -8.wpd Exhibit 7 EXISTING CONDITIONS PROPOSED PROJECT REQUIRED/ PERMITTED Zoning district R -1:8 same - Land use vacant single family residence - General Plan Designation low density residential same - Lot size (sq. ft.) 6,049 4 8,000 sq. ft. minimum Exterior materials: • siding - wood, stucco - • trim - wood - • windows - wood - • roofing - asphalt shingle - Building floor area: • first floor - 882 - • second floor - 1038 - • cellar - 331 • garage - 441 - Setbacks (ft.): • front - 5'5" 25 feet minimum • rear - 15' 20 feet minimum • side - 12'6" 8 feet minimum • side - 8' 8 feet minimum Maximum height (ft.) - 25' 30 feet maximum Building coverage (%) - 40 %maximum Floor Area Ratio (%) • house - 1,920 785 sq. ft. maximum • garage - 441 400 sq. ft. maximum Parking - 2 two spaces minimum Tree Removals - canopy replacement Sewer or septic - sewer - N: \D EV\SUZAN N E \M ISC\ ProjectDataSheels \SFRdata- R- 1 -8.wpd Exhibit 7 341' - L BEL` LAVISTA AVENUE' EXISTING CONDITIONS 'PROJECT DATA , PROPOSED PROJECT REQUIRED/ PERMITTED Zoning district R -1:8 same - Land use vacant single family residence - General Plan Designation low density residential same Lot size (sq. ft.) 4,106 5,240 8,000 sq, ft. minimum Exterior materials: • siding - wood, stucco - • trim - wood - • windows - wood - • roofing - asphalt shingle - Building floor area: • firstfloor - 1,038 - • second floor - 800 - • cellar - 481 • garage - 441 - Setbacks (ft.): • front - 7' 25 feet minimum • rear - 25' 20 feet minimum • side - 2' 8 feet minimum • side - 8' 8 feet minimum Maximum height (ft.) - 25' 30 feet maximum Building coverage (%) - 24% 40 % maximum Floor Area Ratio (%) • house - 1,838 835 sq. ft. maximum • garage - 441 400 sq. ft. maximum Parking - 2 two spaces minimum Tree Removals - 3 canopy replacement Sewer or septic - sewer - N ADEV\SUZAN N E \MI S C \PROJ ECTDATASHEETS \BELLAV ISTA3A 1. DOC