Attachment 4 CEQA Findings Table A
Significant = S Potentially Significant = PS Less than Significant = LTS
1
Town of Los Gatos - CEQA Findings
TOWN OF LOS GATOS
CEQA FINDINGS
(TABLE A)
TABLE OF IMPACTS, MITIGATION MEASURES AND CEQA FINDINGS
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Land Use
Impact 4.1-1: The project
would not physically
divide an established
community. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.1-2: The project
would not conflict with any
applicable land use plan,
policy, or regulation of an
agency with jurisdiction
over the project adopted for
the purpose of avoiding or
mitigating an
environmental effect.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Aesthetics
Impact 4.2-1: The project
would not substantially
affect scenic vistas. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.2-2: The project
would not substantially
damage scenic resources,
including, but not limited
to, trees, rock
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
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Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
outcroppings, and historic
buildings within a state
scenic highway. (LTS)
Impact 4.2-3: The project
would not substantially
degrade the visual
character or quality of the
site and its surroundings.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.2-4: The project
would not create a new
source of substantial light
or glare which would
adversely affect day or
nighttime views in the area.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Biological Resources
Impact 4.3-1: Project
development would not
have a substantial adverse
effect, either directly or
through habitat
modifications, on any plant
species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations, or
by the CDFW or USFWS.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.3-2: Project 4.3-2, Protection of Nesting Special-status and LTS Finding: Implementation of Mitigation Measure 4.3-2 will reduce this
Significant = S Potentially Significant = PS Less than Significant = LTS
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Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
development could result
in a substantial adverse
effect, either directly or
through habitat
modifications, on bird
species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations, or
by the CDFW or USFWS.
(S)
Migratory Birds: In order to avoid impacts to
special-status and migratory bird species during
project implementation, the measures outlined
below shall be implemented. With the
incorporation of the following measures,
significant impacts on these species would be
avoided.
a. The removal of trees and shrubs shall be
minimized to the extent feasible.
b. If tree removal, pruning, grubbing and
demolition activities are necessary, such
activities shall be conducted outside of the
breeding season (i.e., between September 1 and
January 31), to avoid impacts to nesting birds.
c. If tree removal, pruning, grubbing and
demolition activities are scheduled to
commence during the bird breeding season (i.e.,
between February 1 and August 31), a
preconstruction survey shall be conducted by a
qualified biologist no more than two weeks
prior to the initiation of work. The
preconstruction survey shall include the project
footprint and up to a 300-foot buffer, access
and sight-lines permitting. If no active nests of
migratory birds are found, work may proceed
without restriction and no further measures are
necessary. If work is delayed more than two
weeks, the preconstruction survey shall be
repeated, if determined necessary by the project
biologist.
d. If active nests (i.e. nests with eggs or young
birds present, or hosting an actively breeding
adult pair) of special-status or migratory birds
are detected, the project biologist shall
designate non-disturbance buffers at a distance
sufficient to minimize disturbance based on the
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
Special-status and migratory bird species will be protected by
implementation of Mitigation Measure 4.3-2 because it will limit
intrusion on active nesting sites for these birds. Mitigation Measure
4.3-2 will take several steps to prevent impacts. First, the Mitigation
Measure calls for minimizing removal of trees and shrubs, which
could be bird habitat. Second, if vegetation removal is necessary, it
will not be done during breeding season, if possible. Third, if
vegetation removal must be done during bird breeding season, then
prior to beginning work, a preconstruction survey will be performed,
and a 300 foot buffer around the active nests must be identified.
Fourth, in the event that there are active nests, work will cease in the
protective area until the young birds have fledged and left the nest.
Fifth and finally, if work must be done near active nests, a qualified
biologist will monitor the nests to ensure that there is no harm to the
nests. If the project activities are disturbing the nests, work shall cease
immediately and the CDFW and USFWS shall be contacted for
guidance. This impact is less than significant after mitigation since
take of special-status or other migratory birds would be avoided with
implementation of these measures.
(DEIR, pp.4.3-25 to 4.3-26.)
Significant = S Potentially Significant = PS Less than Significant = LTS
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Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
nest location, topography, cover, species, 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. The
appropriate buffer size shall be determined in
cooperation with the CDFW and/or the
USFWS. If, despite the establishment of a non-
disturbance buffer it is determined that project
activities are resulting in nest disturbance, work
shall cease immediately and the CDFW and the
USFWS shall be contacted for further guidance.
e. If project activities must occur within the non-
disturbance buffer, a qualified biologist shall
monitor the nest(s) to document that no take of
the nest (i.e., nest failure) will result. If it is
determined that project activities are resulting
in nest disturbance, work shall cease
immediately and the CDFW and the USFWS
shall be contacted for further guidance.
Impact 4.3-3: Project
development could result
in a substantial adverse
effect, either directly or
through habitat
modifications on roosting
bat species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations, or
by the CDFW or USFWS.
(S)
4.3-3, Protection of Roosting Bats: In order to
avoid impacts to special-status bat species during
project implementation, the measures outlined
below shall be implemented. With the
incorporation of the following measures,
significant impacts on these species would be
avoided.
a. Prior to the removal or significant pruning of
trees and the demolition of 90 Albright Way, a
qualified bat biologist shall assess them for the
potential to support roosting bats. Suitable bat
roosting sites include trees with snags, rotten
stumps, and decadent trees with broken limbs,
exfoliating bark, cavities, and structures with
cracks, joint seams and other openings to
LTS Finding: Implementation of Mitigation Measure 4.3-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
Mitigation Measure 4.3-3 will avoid impacts to special-status bat
species during the project by inducing the abandonment or exclusion
of bats from roosting areas where they are present prior to
construction. If there are maternity roosts for special-status bat species
on the project site, a buffer zone will be established in consultation
with CDFW. The maternity sites may only be demolished when a
qualified bat biologist has determined that the site is not occupied. By
Significant = S Potentially Significant = PS Less than Significant = LTS
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Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
interior spaces. If there is no evidence of
occupation by bats, work may proceed without
further action.
b. If suitable roosting habitat is present, the bat
biologist shall recommend appropriate
measures to prevent take of bats. Such
measures may include exclusion and humane
eviction (see “c” below) of bats roosting within
structures during seasonal periods of peak
activity (e.g., February 15 - April 15, and
August 15 - October 30), partial dismantling of
structures to induce abandonment, or other
appropriate measures.
c. If bat roosts are identified on the site, the
following measures shall be implemented:
If non-breeding/migratory bats are identified
on the site within a tree or building that is
proposed for removal, then bats shall be
passively excluded from the tree or building.
This is generally accomplished by opening
up the roost area to allow airflow through the
cavity/crevice, or installing one-way doors.
The bat biologist shall confirm that the bats
have been excluded from the tree or building
before it can be removed.
If a maternity roost of a special-status bat
species is detected, an appropriate non-
disturbance buffer zone shall be established
around the roost tree or building site, in
consultation with the CDFW. Maternity
roost sites may be demolished only when it
has been determined by a qualified bat
biologist that the nursery site is not occupied.
Demolition of maternity roost sites may not
be performed during seasonal periods of peak
activity (e.g., February 15 - April 15, and
encouraging bats to leave the area and protecting their roosts if they
are raising pups, Mitigation Measure 4.3-3 will reduce impacts on
special-status bats to a less than significant level.
This impact is less than significant after mitigation because take of
special-status bats would be avoided with implementation of this
measure.
(DEIR, pp. 4.3-26 to 4.3-27; see also Final EIR, p. 4.8-5 for
corrections to original measure as set forth in Draft EIR.)
Significant = S Potentially Significant = PS Less than Significant = LTS
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Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
August 15 - October 30).
Impact 4.3-4: Project
development would not
have a substantial adverse
effect, either directly or
through habitat
modifications, on any other
animal species identified as
a candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations, or
by the CDFW or USFWS.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.3-5: Project
development and operation
would not have a
substantial adverse effect
on federally protected
wetlands as defined by
Section 404 of the CWA
(including, but not limited
to, marsh, vernal pool,
coastal, etc.) through direct
removal, filling,
hydrological interruption,
or other means. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.3-6: Project
development and operation
could have a substantial
adverse effect on riparian
habitat or other sensitive
natural community
identified in local or
4.3-6, Creek Protection: The following measures
from the Town’s adopted “Guidelines and Standards
for Land Use Near Streams” would ensure that site
construction and operation would not result in
indirect adverse effects on the riparian and aquatic
habitats or Los Gatos Creek:
LTS Finding: Implementation of Mitigation Measure 4.3-6 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
Significant = S Potentially Significant = PS Less than Significant = LTS
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Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
regional plans, policies,
regulations, or by the
CDFW or USFWS. (S)
Measures to be Implemented During Project
Construction
a. Project construction activities shall be restricted
to daylight hours; nighttime work shall not be
permitted.
b. Use of elevated flood lights shall not be
permitted; any exterior lighting shall be
directed inward and shall not cause the
illumination of the adjacent riparian habitat.
c. Dust control must be practiced during
demolition and grading.
d. The Town of Los Gatos routinely requires
implementation of protective measures for all
projects adjacent to stream courses. For all
work adjacent to stream channels, best
management practices (BMPs) shall be
implemented to prevent bank erosion,
sedimentation, release of contaminants,
accidental incursion by construction equipment
below the tops of bank. Such measures may
include installation of silt fencing, hay bales,
straw wattles or other protective devices to
prevent the downslope migration of silt or
sediment from the construction site.
Measures to be Implemented During Project
Operation
e. Post-construction BMPs incorporated into the
project’s drainage plan shall comply with
Provision C.3.c of the Municipal Regional
Stormwater Permit (see Impact 4.5-5 in
Section 4.3, Hydrology and Water Quality, for
more discussion) to ensure that no significant
adverse effects on water quality of Los Gatos
Creek or the adjacent riparian habitat would
result.
avoid the significant environmental effect as identified in the EIR.
Explanation:
There are no riparian habitats or other sensitive natural communities
on-site; therefore none of these habitats or communities will be
directly impacted by project implementation. Riparian habitats
associated with the Los Gatos Creek corridor, however, are present
immediately east of the site. The proximity of the project to the Los
Gatos Creek corridor could result in indirect impacts on the creek’s
riparian habitat from operation of construction equipment and
increased levels of human activity, noise, lighting, and drifting dust,
which could potentially disrupt wildlife breeding and normal activities
in the Los Gatos Creek riparian habitat.
Mitigation Measure 4.3-6 will implement measures adopted from the
Town’s “Guidelines and Standards for Land Use Near Streams” to
ensure that site construction and operation will not result in indirect
adverse effects on the riparian and aquatic habitats of Los Gatos
Creek.
Project construction shall be limited to daylight hours, elevated flood
lights shall not be used, and exterior lighting shall be directed inward,
and shall not illuminate adjacent riparian habitat. Dust control
practices shall be implemented during demolition and grading. For all
work adjacent to stream channels, best management practices (BMPs)
shall be implemented to protect stream courses.
During project operation, post-construction BMPs shall be
incorporated into the project’s drainage plan, and shall comply with
Provision C.3.c. of the Municipal Regional Stormwater Permit (see
Impact 4.5-5) to ensure no significant adverse effects on water quality
in Los Gatos Creek or adjacent riparian habitat result from project
operation. Mitigation Measure 4.3-6 will also protect wildlife and
habitat by restricting exterior lighting, and placement of pet food
containers by employees, prohibiting free-roaming pets, designing
exterior trash receptacles to exclude wildlife, and ensuring that
stormwater treatment facilities comply with local and regional water
quality standards.
Significant = S Potentially Significant = PS Less than Significant = LTS
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Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
f. Exterior lighting shall be directed inward and
shall not cause the illumination of the adjacent
riparian habitat.
g. Restrictions shall be in place to prevent the
placement of pet food containers by employees
outdoors in areas accessible to wildlife.
h. Free-roaming domestic pets (e.g., cats, off-
leash dogs) of employees shall not be
permitted.
i. All exterior trash receptacles shall be designed
and maintained to exclude wildlife.
j. All storm water treatment facilities must be in
accordance with local and regional water
quality standards to ensure there is no release of
contaminants into the aquatic environment.
The impact on riparian habitat or other sensitive natural communities
identified in local or regional plans, policies, or regulations, or by the
CDFW or USFWS will be less than significant after mitigation
because the potential for indirect effects on adjacent riparian habitats
will be avoided.
(DEIR, pp. 4.3-28 to 4.3-30.)
Impact 4.3-7: Project
development would not
interfere substantially with
the movement of any
native resident or
migratory fish or wildlife
species or with established
native resident or
migratory wildlife
corridors, or impede the
use of native wildlife
nursery sites. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.3-8: The project
would not conflict with any
local policies or ordinances
protecting biological
resources, such as a tree
preservation policy or
ordinance. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
9
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Impact 4.3-9: Project
development would not
substantially reduce the
habitat of a fish or wildlife
species. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Geology and Soils
Impact 4.4-1: The
proposed project would not
result in exposure of people
and structures to potential
adverse effects, including
risk of loss, injury, or death
involving strong ground
shaking. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.4-2: The
proposed project would not
result in substantial erosion
or loss of topsoil. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.4-3: The
proposed project could
cause a geologic unit to
become unstable as a result
of project construction. (S)
4.4-3a, Fill Removal: In accordance with the
recommendations of the project geotechnical
report, the project sponsor shall require the
removal of existing fill materials within proposed
building excavations to a lateral distance of at least
5 feet beyond the building footprint or to a lateral
distance equal to the fill depth below the perimeter
footing, whichever is greater. Reuse of the fill
materials shall only be allowed if they meet the
requirements for engineered fill specified in the
geotechnical report for the project. Materials such
as debris, wood, and trash that do not meet the
requirements shall be screened out of the fill
materials and removed from the site. Fill materials
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
The geotechnical investigation identified approximately 1 to 6 feet of
fill materials consisting of regraded native soil. In addition, the berms
along many of the parking areas along Albright Way contain fill
materials. Existing utilities are backfilled with variable fill material,
which could settle in the future, and unused utility lines could collapse
Significant = S Potentially Significant = PS Less than Significant = LTS
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Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
shall be placed in lifts and compacted in
accordance with the compaction requirements
specified in the geotechnical report.
While it is preferable to replace all existing fills
with engineered fills, those fill materials extending
into planned pavement and flat work areas (e.g.
pedestrian concrete and pavers) may be left in
place at the project sponsor’s option. However, the
project sponsor must determine that the fills are of
low risk for future differential settlement and
ensure that the upper 12- to 18-inches of fill below
the subgrade is re-worked and compacted in
accordance with the compaction requirements
specified in the geotechnical report.
If there are updates or revisions to the project
geotechnical report, the above mitigation
requirements shall be revised to match the updated
recommendations as necessary.
Mitigation Measure 4.4-3b, Abandonment of
Existing Utilities: In accordance with the
recommendations of the project geotechnical
report, the project sponsor shall ensure that
existing utilities are completely removed from all
building areas. A utility may only be abandoned in
place if it would not pose an unacceptable risk, and
if approved by the geotechnical engineer. If
abandoned in place, the utility must be completely
backfilled with grout or sand-cement slurry and the
ends outside of the building area must be capped
with concrete. Trench fills must also be removed
and replaced with engineered fill with the trench
side slopes flattened to at least 1:1.
If there are updates or revisions to the project
geotechnical report, the above mitigation
requirements shall be revised to match the updated
and cause ground loss if not appropriately abandoned. The level of
consolidation of the fill is unknown and settlement could occur if a
structure were located at least partially within the fill materials or over
an unused utility line that collapsed, resulting in distress to the
structure, a potentially significant impact. Implementation of
Mitigation Measures 4.4-3a, Fill Removal, and 4.4-3b, Abandonment
of Existing Utilities, would reduce this impact to a less than
significant level by requiring removal of fill materials and proper
abandonment of existing utility lines within the building areas in
accordance with the recommendations of the project geotechnical
report.
During excavation, geologic materials at the site could also become
unstable, potentially collapsing or causing settlement of adjacent
structures, including buildings, sidewalks, streets, and utilities, a
potentially significant impact. Implementation of Mitigation Measure
4.4-3c, Excavation Safety, would reduce this impact to a less than
significant level by requiring temporary shoring or sloping of all
excavations to prevent collapse, and geotechnical monitoring, if
needed, to monitor for ground settlement adjacent to excavated areas
in accordance with the requirements of the project geotechnical report.
The buildings constructed under the proposed project could also
experience settlement without proper design of subgrade preparations,
site fills, site drainage, foundations, and ancillary features, a
potentially significant impact. Implementation of Mitigation Measure
4.4-3d, Implement Recommendations of the Geotechnical Report,
would reduce this impact to a less than significant level by requiring
the project applicant to implement the recommendations of the project
geotechnical report and any subsequent updates or revisions.
Impacts on geologic unit instability as a result of project construction
will be less than significant with implementation of Mitigation
Measures 4.4-3a through 4.4 3d.
(DEIR, pp. 4.4-15 to 4.4-17.)
Significant = S Potentially Significant = PS Less than Significant = LTS
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Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
recommendations as necessary.
Mitigation Measure 4.4-3c, Excavation Safety:
In accordance with the recommendations of the
project geotechnical report, the project sponsor
shall ensure that the below grade excavations
within the upper five feet below the building
subgrade are sloped at 3:1 (vertical: horizontal)
and that those deeper than five feet below the
building subgrade as well as those excavations in
pavement and flatwork areas are sloped at a
maximum inclination of 1.5:1. Alternatively,
temporary shoring may be used to support the
excavations. The design of the shoring shall be left
to the construction contractor’s judgment, but shall
comply with the standards set forth in the
geotechnical report for the project. A California-
licensed civil or structural engineer must design
and be in charge of the temporary shoring design.
The shoring shall support adjacent improvements
such as utilities, pavements, and buildings. A pre-
condition survey shall be conducted including
photographs and installation of monitoring points
for existing site improvements. All sensitive
improvements shall be located and monitored for
horizontal and vertical deflections and distress
cracking based on the pre-construction survey. For
multi-level excavations, the installation of
inclinometers at critical areas may be required for
more detailed deflection monitoring. The
monitoring frequency shall be established and
agreed to by the project team prior to start of
shoring construction.
If there are updates or revisions to the project
geotechnical report, the above mitigation
requirements shall be revised to match the updated
Significant = S Potentially Significant = PS Less than Significant = LTS
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Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
recommendations as necessary.
Mitigation Measure 4.4-3d, Implement
Recommendations of Geotechnical Report:
The project sponsor shall implement all of the
recommendations of the project geotechnical
report, and any associated updates or revisions,
related to review of plans and specifications for
proposed buildings; demolition observation and
testing; construction observation and testing; site
demolition, clearing, and preparation; subgrade
preparation; subgrade stabilization; material for
fill; compaction requirements; trench backfill;
site drainage; foundations; concrete slabs and
pedestrian pavements; vehicular pavements; and
retaining walls.
Hydrology and Water Quality
Impact 4.5-1: The
proposed project would not
violate any water quality
standards or waste
discharge requirements or
otherwise substantially
degrade water quality.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.5-2: The
proposed project would not
substantially deplete
groundwater supplies or
interfere substantially with
groundwater recharge such
that there would be a net
deficit in aquifer volume or
a lowering of the local
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
13
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
groundwater table level.
(LTS)
Impact 4.5-3: Project
implementation would not
substantially alter the
existing drainage pattern of
the site or area by altering
the course of a stream or
incrementally increasing
surface runoff from
impervious surfaces in
such a manner that could
increase downstream
erosion, siltation, or
flooding on- or off-site.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.5-4: Project
implementation would not
create or contribute runoff
water that would exceed
the capacity of existing or
planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.5-5: The project
would not include
development within a 100-
year flood hazard area.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.5-6: The project None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are
Significant = S Potentially Significant = PS Less than Significant = LTS
14
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
would not expose people or
structures to a significant
risk of loss, injury, or death
involving flooding,
including flooding as a
result of the failure of a
levee or dam (e.g. on the
Elsman, Lexington, or
Vasona Reservoirs). (LTS)
significant.
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Transportation and Traffic
Impact 4.6-1: The project
would not significantly
impact the performance of
the circulation system, as
indicated by conflicts with
any applicable plan,
ordinance, policy, or
significance criterion
indicating the performance
of the intersections, streets,
highways/freeways,
pedestrian/bicycle paths,
and transit service. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.6-2: The project
would not conflict with the
Santa Clara County
Congestion Management
Program. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.6-3: The project
would not substantially
increase hazards due to a
design feature or
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
15
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
incompatible uses. (LTS)
Impact 4.6-4: The project
would not result in
inadequate emergency
access. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.6-5: The project
would not conflict with
adopted policies, plans, or
programs regarding public
transit, bicycle, or
pedestrian facilities. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Noise
Impact 4.7-1: Project
construction could cause a
substantial temporary or
periodic increase in
ambient noise levels in the
project vicinity above
levels existing without the
project due to operation of
heavy equipment during
construction. (S)
4.7-1, Administrative Controls: Prior to
Grading Permit issuance, the project applicant
shall demonstrate to the satisfaction of the Town
of Los Gatos Public Works Department that the
project complies with the following:
a. Pursuant to the Town of Los Gatos Municipal
Code Section 16.20.035, construction
activities (including operation of haul and
delivery trucks) shall occur between the hours
of 8:00 a.m. and 8:00 p.m. on weekdays and
9:00 a.m. and 7:00 p.m. on weekends and
holidays. Additionally, pursuant to Municipal
Code Section 16.20.035(2) the Contractor
shall demonstrate, to the satisfaction of the
Town of Los Gatos Public Works Department,
that construction noise shall not exceed 85
dBA outside of the property line. This shall
be accomplished through the use of properly
maintained mufflers and other state-required
noise attenuation devices.
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
The potential for construction-related noise to adversely affect nearby
residential receptors would depend on their location and proximity to
the project.
The Town Noise Ordinance recognizes that construction activities
during daytime hours are a typical part of living in a town such as Los
Gatos and do not cause a substantial increase in noise or undue
disruption. Under the ordinance, noise from construction must comply
with noise limitations. Either no individual piece of equipment shall
produce a noise level exceeding eighty-five dBA at twenty-five feet
from the equipment, or the noise level at any point outside of the
property plane cannot exceed eighty-five dBA. The closest project
Significant = S Potentially Significant = PS Less than Significant = LTS
16
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
b. Property occupants located adjacent to the
project boundary shall be sent a notice, at least
15 days prior to commencement of
construction of each phase, regarding the
construction schedule of the proposed project.
A sign, legible at a distance of 50 feet shall
also be posted at the project construction site.
All notices and signs shall be reviewed and
approved by the Town of Los Gatos Public
Works Department prior to mailing or posting
and shall indicate the dates and duration of
construction activities, as well as provide a
contact name for the contractor’s Noise
Disturbance Coordinator and a telephone
number where residents can contact that
person about the construction process and
register complaints.
c. The Contractor shall provide, to the
satisfaction of the Town of Los Gatos Public
Works Department, a qualified “Noise
Disturbance Coordinator.” The Disturbance
Coordinator shall be responsible for
responding to any local complaints about
construction noise. When a complaint is
received, the Disturbance Coordinator shall
notify the Town within 24-hours of the
complaint and determine the cause of the
noise complaint (e.g., starting too early, bad
muffler, etc.) and shall implement reasonable
measures to resolve the complaint, as deemed
acceptable by the Public Works Department.
d. Construction haul routes shall be designed to
avoid noise sensitive uses (e.g., residences,
convalescent homes, etc.) to the extent
feasible and shall be restricted to collector
streets in the project vicinity (i.e. Winchester
buildings would be located at least 99 feet from adjacent residential
receptors. This distance represents the highest noise levels that would
be expected at the closest residential receptor during building
construction. Construction equipment noise levels associated with
construction of the closest project buildings on the site would range
from 64 to 77 dBA.
At times, heavy construction equipment would be operated closer than
89 feet from the property boundary as part of proposed demolition,
site preparation/grading, paving for surface parking lots, and
landscaping installation. During these times construction noise could
potentially and sporadically exceed the 85 dBA ordinance for a
limited duration. Adjacent residents could be subject to occasional
noise disturbances over a period of up to 60 months, a potentially
significant impact. Compliance with ordinance time limits and the 85
dBA noise limit at 25 feet, as well as implementation of Mitigation
Measure 4.7-1, which specifies best management practices (such as
equipping construction equipment with properly operating and
maintained mufflers and other state required noise attenuation
devices) to reduce noise from heavy equipment, as well as designation
of a Noise Disturbance Coordinator, would reduce this impact to less
than significant.
With implementation of Mitigation Measure 4.7-1, the impact of
ambient noise levels in the project vicinity due to operation of heavy
equipment during construction will be less than significant because
compliance with noise and time limits specified in the Town Noise
Ordinance and implementation of noise control measures will reduce
the potential for construction-related noise disturbances.
(DEIR, pp. 4.7-13 to 4.7-17.)
Significant = S Potentially Significant = PS Less than Significant = LTS
17
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Boulevard and Lark Avenue).
e. During construction, stationary construction
equipment shall be placed such that emitted
noise is directed away from sensitive noise
receivers.
Impact 4.7-2: Project
construction could expose
people to or generate
excessive groundborne
vibration at adjacent
structures during
construction. (PS)
4.7-2, Vibration Controls: To prevent cosmetic
damage to existing adjacent structures, the
project contractor shall avoid use of large, truck-
mounted vibratory compactors within 15 feet of
adjacent structures, and shall not use any
equipment that generates vibration levels that
exceed 0.5 in/sec PPV, the cosmetic damage
threshold for transient vibration, when measured
at the closest residential structures.
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
The Federal Transit Administration sets a limit of 0.5 in/second PPV
for cosmetic damage to nearby buildings form vibration. The
construction equipment used at the project site will not exceed this
threshold, except for the Large Vibratory Compactor at 10 feet, but
not at 15 feet.
Mitigation Measure 4.7-2 will avoid significant impacts by
prohibiting the use of large, truck mounted vibratory compactors
within 15 feet of adjacent structures and prohibiting the use of
equipment that generates vibration levels exceeding 0.5 in/sec PPV
when measured at the closes residential structures to the project site.
(DEIR, pp. 4.7-17 to 4.7-19.)
Impact 4.7-3: Operation of
proposed office/R&D
buildings and the traffic
associated with operation
would not result in a
substantial permanent
increase in ambient noise
levels in the project
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
18
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
vicinity above levels
existing without the
project, including noise
from office/R&D activities
already on-site. (LTS)
Impact 4.7-4: The project
would not expose people to
or generate noise levels in
excess of standards
established in the local
general plan, noise
ordinance, or applicable
standards of other agencies.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.7-5: Project
operation would not expose
on-site occupants to
excessive vibrations from
passing trains on the Union
Pacific Railroad alignment.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Air Quality
Impact 4.8-1: Project
construction could violate
an air quality standard or
contribute substantially to
an existing or projected air
quality violation. (S)
4.8-1a, BAAQMD Basic and Additional
Construction Mitigation Measures: Prior to
issuance of any Grading or Demolition Permit, the
Town Engineer and the Chief Building Official
shall confirm that the Grading Plan, Building
Plans, and specifications stipulate that the
following basic and enhanced construction
mitigation measures shall be implemented as
required by BAAQMD Guidelines while project
phases are under construction:
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
Short-term air quality impacts are predicted to occur during
Significant = S Potentially Significant = PS Less than Significant = LTS
19
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Water all active construction areas to maintain
12% soil moisture.
All grading shall be suspended when winds
exceed 20 miles per hour.
All haul trucks transporting soil, sand, or other
loose material off-site shall be covered.
Pave, apply water three times daily, or apply
(non-toxic) soil stabilizers on all unpaved
access roads, parking areas, and staging areas
at construction sites.
Hydroseed or apply non-toxic soil stabilizers
to inactive construction areas (previously
graded areas inactive for ten days or more).
Enclose, cover, water twice daily or apply
non-toxic soil binders to exposed stockpiles
(dirt, sand, etc.).
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. Install sandbags or other erosion
control measures to prevent silt runoff to
public roadways.
Wind breaks and perimeter sand bags shall be
used to minimize erosion.
The amount of simultaneously disturbed
surface shall be minimized as much as
possible.
Site access points from public roadways shall
be paved or treated to prevent track-out.
Replace vegetation in disturbed areas as
quickly as possible.
All vehicle speeds on unpaved roads shall be
limited to 15 mph.
All roadways, driveways, and sidewalks to be
paved shall be completed as soon as possible.
demolition, grading, and construction operations associated with
implementation of the proposed project. Temporary air emissions
would result from particulate (fugitive dust) emissions from
demolition, grading, and building construction; and exhaust emissions
from the construction equipment and the motor vehicles of the
construction crew.
Odors could arise from the diesel construction equipment used on-site,
as well as from architectural coatings and asphalt off-gasing. Odors
generated during construction activities would be temporary and are
not considered to be a significant impact. Emissions produced during
demolition, grading, and construction activities are short-term, as they
would exist only during construction.
Construction activities for the proposed project would include
demolition, grading, trenching, construction of buildings, paving, and
architectural coatings.
Unmitigated emissions during Years 1 through 4 exceed EIR
significance thresholds for at least one criteria pollutant, and
implementation of the Basic Construction Mitigation Measures
(BCMM) would be required. With implementation of the BCMM,
project-related construction emissions would still exceed the EIR
thresholds for at least one criteria pollutant during Years 1 though
Year 4 and implementation of Enhanced Control Mitigation Measures
(ECMM) would be required. With ECMM, mitigated emissions would
be reduced to less than significant (below EIR thresholds).
Unmitigated emissions during Year 5 would not exceed the EIR
significance thresholds for criteria pollutants and no mitigation would
be required.
Construction activities are a source of fugitive dust (also known as
PM10 and PM2.5) emissions. Fugitive dust emissions vary substantially
from day to day, depending on the level of activity, the specific
operations, and weather conditions. PM10 and PM2.5 are both emitted
during construction activities and as a result of wind erosion over
exposed soil surfaces. Clearing and grading activities comprise the
Significant = S Potentially Significant = PS Less than Significant = LTS
20
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Idling times shall be minimized either by
shutting equipment off when not in use or
reducing the maximum idling time to two
minutes. Clear signage shall be provided for
construction workers at all access points.
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.
Post a publicly visible sign with the telephone
number and person to contact at the Town
regarding dust complaints. This person shall
respond and take corrective action within 48
hours. The BAAQMD’s phone number shall
also be visible to ensure compliance with
applicable regulations.
4.8-1b, BAAQMD Architectural Coatings
Mitigation Measures: Prior to issuance of any
Building Permit, the Chief Building Official shall
confirm that the Building Plans and specifications
include the following BAAQMD additional
construction mitigation measures (during the
application of architectural coatings in Years 3
and 4):
Use low volatile organic compounds (VOC)
(i.e., reactive organic gases [ROG]) coatings
beyond the BAAQMD requirements (i.e.,
Regulation 8, Rule 3: Architectural Coatings).
VOC content of architectural coatings shall
not exceed 150 grams VOC per liter of
coating.
4.8-1c, Haul Truck VMT Limits: The
following limitations shall be adhered to during
major sources of construction dust emissions, but traffic and general
disturbance of the soil also generate significant dust emissions.
Mitigation Measure 4.8-1a incorporates Basic Construction Mitigation
Measures recommended by BAAQMD and enhanced measures to
control fugitive dust emissions, including PM10 and PM2.5.
Asphalt and surface coatings create ROG emissions, which are O3
precursors. In accordance with the methodology prescribed by the
BAAQMD, the ROG emissions associated with paving have been
quantified with the URBEMIS 2007 model. In addition, based upon
the size of the buildings, architectural coatings were also quantified in
the URBEMIS 2007 model. The highest concentration of ROG
emissions would be generated during the application of architectural
coatings towards the end of construction.
The BAAQMD recommends that all projects, where construction-
related emissions would exceed the applicable thresholds, implement
Additional Construction Mitigation Measures. Specifically, the
Volatile Organic Compound (VOC) content for coatings shall not
exceed 150 grams per liter. Therefore, implementation of Mitigation
Measure 4.8-1b (compliance with Regulation 8, Rule 3) would be
required to reduce ROG emissions from architectural coatings. With
implementation of Mitigation Measures 4.8-1b, impacts will be
reduced to a less-than-significant level.
Exhaust emissions from construction activities include emissions
associated with the transport of machinery and supplies to and from
the project site, emissions produced on-site as the equipment is used,
and emissions from trucks transporting materials and workers to and
from the site. Emitted pollutants would include ROG, NOX, PM10,
and PM2.5. Due to the amount of soil hauling required for the Project,
even with the implementation of Basic Construction Mitigation
Measures, NOX thresholds would be exceeded during the first two
years of construction. Therefore, implementation of Mitigation
Measure 4.8-1c in Years 1 and 2 will limit the vehicle miles traveled
(VMT) from soil hauling trucks during grading to ensure NOX
emissions will not exceed the BAAQMD thresholds. NOX emissions
Significant = S Potentially Significant = PS Less than Significant = LTS
21
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
soil hauling activities (during mass and fine
grading) for construction Years 1 and 2 only in
order to ensure NOX emissions would be reduced
to less-than-significant levels:
Phase 1 (Year 1): Trucks hauling soil during
Phase 1, shall not exceed a vehicle miles
traveled (VMT) per day during mass grading
of 1,653 miles.
Phase 2 (Year 2): Trucks hauling soil during
Phase 2 shall not travel more than 1,943
VMT. VMT during fine grading shall not
exceed 545 miles (NOX mitigation is not
necessary in Year 3).
Phase 3 (Years 4 and 5): No mitigation is
necessary.
Per BAAQMD policy, these travel distance limits
are daily averages for a 7-day week. VMT’s shall
be logged weekly and supplied to the Town
Engineer and the Chief Building Official on a
monthly basis. These limitations shall be
stipulated in construction bids, plans, and
specifications.
will be less than significant with implementation of VMT limits
specified in Mitigation Measure 4.8-1c.
Impacts from naturally occurring asbestos are less than significant
because the project site is not located in an area where naturally
occurring asbestos is likely to be present. Asbestos Containing
Materials (ACMs) are building materials containing more than 1%
asbestos (some state and regional regulators impose a one-tenth of 1%
threshold). Multiple on-site structures, which may contain asbestos,
are slated for demolition.
The BAAQMD regulates the demolition of buildings and structures
containing asbestos. On-site demolition activities would be conducted
in accordance with BAAQMD Regulation 11, Rule 2 (Asbestos
Demolition, Renovation and Manufacturing). Rule 2 provides
measures to control emissions of asbestos to the atmosphere and
includes wetting methods, removal in units, removal by chute or
container, containment requirements, and disposal requirements.
Therefore, air quality impacts from structural asbestos will be less
than significant with compliance with BAAQMD regulations.
In accordance with the BAAQMD Guidelines, URBEMIS 2007 was
utilized to model construction emissions for ROG, NOX, PM10, and
PM2.5. Construction will occur over a five year period, with the
greatest amount of fugitive dust emissions being generated during the
initial stages of each construction phase. The greatest amounts of
NOX emissions resulting from truck hauling activities will occur
during the first two years of construction. Additionally, the greatest
amount of ROG emissions will typically occur during the final stages
of each construction phase due to the application of architectural
coatings.
The URBEMIS 2007 model allows the user to input mitigation
measures such as watering the construction area to limit fugitive dust
in the project area. Mitigation measures inputted within the
URBEMIS 2007 model allow for certain reduction credits and result
in a decrease of pollutant emissions. Reduction credits are based upon
Significant = S Potentially Significant = PS Less than Significant = LTS
22
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
various land use and transportation studies and were programmed
within the URBEMIS 2007 model, which calculates the reduction
associated with mitigation measures for NOX and ROG. With the
implementation of Mitigation Measures 4.8-1a through 4.8-1c, the
project’s construction-related impacts will be less than significant.
Mitigation Measure 4.8-1 will reduce impacts to less than significant
with implementation of the listed dust and exhaust control measures
because these measures will limit the project’s construction-related
daily criteria pollutant emissions.
(DEIR, pp. 4.8-13 to 4.8-20.)
Impact 4.8-2: Project
operations would not
violate any air quality
standard or contribute
substantially to an existing
or projected air quality
violation. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.8-3: Project
implementation would not
expose sensitive receptors
to substantial pollutant
concentrations. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.8-4: Project
implementation would not
create objectionable odors
affecting a substantial
number of people. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.8-5:
Construction-related and
operational criteria
pollutant emissions would
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
23
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
not conflict with or
obstruct implementation of
the applicable Air Quality
Plan. (LTS)
Greenhouse Gases
Impact 4.9-1: The project
would generate greenhouse
gas emissions, either
directly or indirectly, that
could have a significant
impact on the environment.
(S)
4.9-1, GHG Reduction Measures: Prior to the
issuance of building permits, the applicant shall
demonstrate the incorporation of a combination
(one or more) of sustainable project design
features that would meet the EIR significance
threshold of 4.6 MT CO2e/sp/year. The
applicant’s current proposal is to implement the
GHG mitigation measures identified in Table 4.9-
2 of the Draft EIR, which would achieve the
reductions necessary to achieve the 4.6 MT
CO2e/sp/year threshold. Those measures shall be
carried out, except that, at the applicant’s election
and subject to approval by the Community
Development Director, the applicant may
substitute alternative measures of equivalent
effectiveness to one or more of the measures
identified in Table 4.9-2. In the event that the
BAAQMD has assigned percent reductions for
such alternative measures, such reductions shall
be considered by Town Staff in determining
whether such measures truly are equivalent in
their effectiveness to those identified in Table
4.9-2. The following menu of measures provides
examples of potential alternatives to the measures
already accounted for in Table 4.9-2:
Include solar photovoltaic or other technology to
generate electricity on-site to reduce
consumption from the electrical grid.
Implement an employee telecommuting
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
The Project will incorporate numerous design features that are
consistent with GHG reduction measures identified in the
BAAQMD’s CEQA Air Quality Guidelines and Los Gatos
Sustainability Plan. Table 4.9.2 of the Draft EIR identifies GHG
reduction measures and lists scaled reductions that may be achieved
with implementation of these proposed GHG reduction measures.
Table 4.9-2 lists a host of potential project design features and
sustainable practices that the Project will incorporate, which include
water, energy, solid waste, land use, and transportation efficiency
measures. Table 4.9-2 also identifies the associated scaled percent
reduction and applicable sector based on the Project’s consistency
with the BAAQMD mitigation measures. The reductions are based on
BAAQMD methodology presented in the BAAQMD’s CEQA Air
Quality Guidelines.
Greenhouse gas emissions impacts from the project will be less than
significant with the implementation of Mitigation Measure 4.9-1
because the Project’s GHG emissions would be reduced to meet the
EIR’s GHG emissions significance threshold for the Project.
Significant = S Potentially Significant = PS Less than Significant = LTS
24
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
program.
Implement an on-site carpool matching program
for employees.
100% Increase in Diversity of Land Uses
(provide on-site employee amenities)
Increase Energy Efficiency Beyond Title 24
Work with the Bay Area Air Quality
Management District (BAAQMD) to implement
acceptable off-site mitigation. This would
involve an agreement with the BAAQMD and
payment of fees or the purchase of carbon
credits. The BAAQMD would commit to
reducing the type and amount of emissions
identified in the agreement.
(DEIR, pp. 4.9-19 to 4.9-24.)
Impact 4.9-2: The project
would not conflict with an
applicable plan, policy, or
regulation of an agency
adopted for the purpose of
reducing greenhouse gas
emissions. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Hazards and Hazardous Materials
Impact 4.10-1: Project
implementation would not
create a significant hazard
to the public or to the
environment through the
routine transport, use, or
disposal of hazardous
materials. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4:10-2: The
project could create a
4.10-2, Hazardous Building Materials Surveys
and Abatement: Prior to demolition of each
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Significant = S Potentially Significant = PS Less than Significant = LTS
25
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
hazard to the public or the
environment through
reasonably foreseeable
upset and accident
conditions involving the
release of hazardous
materials to the
environment during
building demolition. (S)
building, the project applicant shall incorporate
into contract specifications the requirement that
the contractor(s) have a hazardous building
materials survey completed by a Registered
Environmental Assessor or a registered engineer.
This survey shall be completed prior to any
demolition activities associated with the project.
If any friable asbestos-containing materials or
lead-containing materials are identified, adequate
abatement practices, such as containment and/or
removal, shall be implemented in accordance
with applicable laws prior to demolition.
Specifically, asbestos abatement shall be
conducted in accordance with Section 19827.5 of
the California Health and Safety Code, as
implemented by the BAAQMD, and 8 CCR
Section 1529 and Sections 341.6 through 341.14,
as implemented by Cal/OSHA. Lead-based paint
abatement shall be conducted in accordance with
Cal/OSHA’s Lead in Construction Standard.
Any PCB-containing equipment, fluorescent light
tubes containing mercury vapors, and fluorescent
light ballasts containing DEHP shall also be
removed and legally disposed of in accordance
with applicable laws including 22 CCR Section
66261.24 for PCBs, 22 CCR Section 66273.8 for
fluorescent lamp tubes, and 22 CCR Division 4.5,
Chapter 11 for DEHP.
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
Potential exposure to hazardous building materials during building
demolition would be potentially significant, but mitigated to a less-
than-significant level with implementation of Mitigation Measure
4.10-2, Hazardous Building Materials Surveys and Abatement, which
requires the project applicant to conduct surveys for hazardous
building materials prior to demolition, and if warranted, to implement
appropriate abatement and disposal procedures in compliance with
applicable regulations. In addition, the project applicant will be
required to obtain clearance for asbestos removal from BAAQMD
prior to issuance of a demolition permit. To obtain this clearance,
BAAQMD (and as required by existing federal and State law) would
require specific testing for confirmation and, if hazardous materials
are present, proper handling of such materials prior to and during
demolition that would avoid/minimize worker exposure during
demolition. These requirements will also require proper disposal of
hazardous materials after demolition.
Several of the businesses in the existing business park use hazardous
materials and/or generate hazardous waste, typical of light industrial
businesses, and are subject to the hazardous materials management
requirements specified in Chapter 13, Articles II and III of the Los
Gatos Town Code. In the absence of proper precautions, proposed
demolition of the existing buildings could disturb hazardous materials
currently stored and used in the buildings, which could expose
workers, the occupants of the business park, and adjacent residents to
hazardous materials or result in an accidental release to the
environment. Prior to demolition, however, hazardous materials stored
at these locations will be removed and the hazardous materials
facilities in these building will be closed in accordance with
applicable laws and regulations designed to address hazardous
Significant = S Potentially Significant = PS Less than Significant = LTS
26
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
materials and protect human health and the environment, including a
closure permit from the Santa Clara County Fire Department.
In accordance with the closure permit, the business owner or project
applicant will prepare a closure plan prior to demolition describing
activities that will be conducted to demonstrate that hazardous
materials that were stored, dispensed, handled, or used at the facility
have been transported, disposed of, or reused in a manner that
eliminates any threat to public health and safety. The plan will include
a description of the size and type of facility to be closed (including a
site plan); the chemicals used at the facility; the procedures to be used
for decontamination of the facility and equipment (if required) and the
proposed method for disposal of all hazardous wastes generated from
cleaning operations; planned disposition of hazardous materials and
wastes from the facility in accordance with all state and federal laws;
and a description of the planned sampling program to demonstrate that
the facility has been completely decontaminated. Upon completion of
closure, the business owner or project applicant will be required to
submit a post-closure report documenting compliance with the closure
plan, confirming appropriate disposition of all hazardous materials,
and documenting all sampling conducted, including analytical results.
Compliance with these regulatory requirements will ensure that
impacts related to exposure to hazardous materials stored or used in
the existing buildings will be less than significant.
The impact of project hazards to the public or the environment from
reasonably foreseeable upset and accident conditions involving the
release of hazardous materials to the environment during building
demolition will be less than significant with implementation of
Mitigation Measure 4.10-2, which reduces impacts related to exposure
to hazardous building materials by requiring surveys to identify
existing hazardous building materials and proper abatement of any
materials identified prior to demolition of the existing structures.
(DEIR, pp. 4.10-14 to 4.10-16.)
Impact 4.10-3: The project 4.10-3a, Update Environmental Database LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
Significant = S Potentially Significant = PS Less than Significant = LTS
27
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
could create a hazard to the
public or the environment
through reasonably
foreseeable upset or
accident conditions
involving the release of
hazardous materials into
the environment during soil
excavation. (S)
Review. The project applicant shall retain a
qualified professional to update the
environmental database review performed as part
of the Phase 1 Environmental Site Assessment no
more than three months prior to the start of any
construction activities that would involve
disturbance of greater than 50 cubic yards of soil.
The qualified professional shall prepare a report
summarizing the results of the environmental
database review that assesses the potential for
any identified chemical release sites to affect soil
quality at the proposed project site and identifies
appropriate soil analysis to evaluate the potential
for soil contamination at the proposed project
site, if needed. In response, the project applicant
shall implement the recommended soil analyses,
if any.
4.10-3b, Contingency Plan. The project
applicant shall require the construction
contractor(s) to have a contingency plan for
sampling and analysis of potential hazardous
materials and for coordination with the Santa
Clara County Department of Environmental
Health in accordance with the Voluntary Cleanup
Program in the event that previously unidentified
hazardous materials are encountered during
construction. If previously unidentified soil
contamination is identified, per the contingency
plan, the contractor(s) shall be required to modify
their health and safety plan to include the new
data, conduct sampling to assess the chemicals
present, and identify appropriate disposal
methods. Evidence of potential contamination
includes soil discoloration, suspicious odors, the
presence of underground storage tanks, or the
presence of buried building materials.
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
This impact would be reduced to a less than significant level with
implementation of Mitigation Measure 4.10-3a, requiring that the
environmental database review is updated within three months of the
start of construction and Mitigation Measure 4.10-3b, requiring
implementation of a contingency plan specifying measures to be
followed if previously unidentified contamination is identified during
construction and ensuring that the levels of any residual
contamination remaining in the soil at the completion of construction
will not cause adverse human health or environmental effects under
the planned land use.
(DEIR, pp. 4.10-16 to 4.10-18.)
Significant = S Potentially Significant = PS Less than Significant = LTS
28
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Cultural Resources
Impact 4.11-1: Project
implementation would not
affect any historical
resource. (LTS)
None required. Because there is no impact, this
impact is less than significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant or that do not occur
at all. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4,
subd. (a)(3), 15091.)
Impact 4.11-2: Demolition
and construction activities
on the project site could
cause a substantial adverse
change in the significance
of unknown subsurface
archaeological resources,
including the disturbance
of human remains. (PS)
4.11-2a, Archaeological Monitor: A qualified
archaeologist shall be retained to monitor the site
clearing and grading operations in those areas
where buildings will be removed and/or new
construction will occur. The archaeologist shall
be present on-site to observe site clearing at a
representative sample of building removal areas
until he/she is satisfied that there is no longer a
potential for finding buried resources. In the
event that any potentially significant
archaeological resources (i.e., potential historical
resources or unique archaeological resources) are
discovered, the project archaeologist shall stop
work inside a zone designated by him/her where
additional archaeological resources could be
found. A plan for the evaluation of the resource
shall be submitted to the Community
Development Director for approval. Evaluation
normally takes the form of limited hand
excavation and analysis of materials and
information removed to determine if the resource
is eligible for inclusion on the California Register
of Historic Resources (CRHR).
4.11-2b, Identification of Eligible Resources. If
an eligible resource (i.e., an historical resource or
a unique archaeological resource) is identified, a
plan for mitigation of impacts to the resource
shall be submitted to the Community
Development Department for approval before
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the potentially significant environmental effect as identified in
the EIR.
Explanation:
No historical archaeological resources have been identified either
through the archival study or the field inspection. Although there is a
lack of recorded archaeological resources in the general vicinity, the
property is considered to have a moderate potential for containing
buried archaeological resources, because it is located directly adjacent
to Los Gatos Creek, within what would have been the riparian zone
utilized by the Native American population of the Santa Clara Valley.
The current project area could contain archaeological deposits that
have survived the development of the existing office complex,
especially in those areas where deep excavation did not occur. Given
the moderate potential to encounter buried archaeological resources,
project implementation could significantly affect such resources if
they are encountered during site grading and/or excavation activities.
Additionally, as the project area was historically used by the Native
American population of Santa Clara Valley, the potential for human
remains to be encountered during ground disturbing activities also
exists. Disturbance to human remains, if encountered, would be
considered a significant impact.
Significant = S Potentially Significant = PS Less than Significant = LTS
29
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
any additional construction related earthmoving
can occur inside the zone designated as
archaeologically sensitive. Whether the proposed
plan is feasible shall be determined by the
Community Development Department after
consideration of the viability of avoidance in
light of project design and logistics. In lieu of
avoidance, mitigation could include additional
hand excavation to record and remove for
analysis significant archaeological materials,
combined with additional archaeological
monitoring of soils inside the archaeologically
sensitive zone.
4.11-2c, Discovery of Human Remains.
Required monitoring will also serve to identify
and reduce damage to human burials and
associated grave goods. In the event that human
remains are discovered, it shall be the
responsibility of the project archaeologist to
contact the County Coroner’s Office and the
Native American Heritage Commission (NAHC).
The NAHC is responsible for naming a Most
Likely Descendant (MLD) who shall represent
tribal interests in regards to human remains and
associated grave goods. The MLD shall make
recommendations to the Community
Development Director regarding the method for
exposure and removal of human burials and
associated grave goods, and shall advise the
Community Development Director regarding the
place and method of reburial of these materials.
Implementation of Mitigation Measure 4.11-2a will require that a
qualified archaeologist be present to monitor site clearing and grading
operations to identify and protect any buried archaeological resources
or human remains if they are discovered. Measures 4.11-2b and 4.11-
2c will ensure appropriate actions are taken in the event that such
resources are encountered during construction, reducing this impact to
a less than significant level.
(DEIR, pp. 4.11-8 to 4.11-9.)
Impact 4.11-3: Demolition
and construction activities
on the project site would
not directly or indirectly
4.11-3, Halt Construction and Evaluate
Resource: Prior to the commencement of
construction activities, the project applicant shall
provide for a qualified paleontologist to provide
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
Significant = S Potentially Significant = PS Less than Significant = LTS
30
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
destroy a unique
paleontological resource or
site or unique geological
feature. (PS)
construction personnel with training on procedures
to be followed in the event that a fossil site or
fossil occurrence is encountered during
construction. The training shall include
instructions on identification techniques and how
to further avoid disturbing the fossils until a
paleontological specialist can assess the site. An
informational package shall be provided for
construction personnel not present at the meeting.
In the event that a paleontological resource
(fossilized invertebrate, vertebrate, plan or micro-
fossil) is found during construction, excavation
within 50 feet of the find shall be temporarily
halted or diverted until the discovery is evaluated.
Upon discovery, the Community Development
Director shall be notified immediately and a
qualified paleontologist shall be retained to
document and assess the discovery in accordance
with Society of Vertebrate Paleontology’s 2010
Standard Procedures for the Assessment and
Mitigation of Adverse Impacts to Paleontological
Resources, and determine procedures to be
followed before construction is allowed to
resume at the location of the find. If the
Community Development Director determines
that avoidance is not feasible, the paleontologist
will prepare an excavation plan for mitigating the
project’s impact on this resource, including
preparation, identification, cataloging, and
curation of any salvaged specimens.
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the potentially significant environmental effect as identified in
the EIR.
Explanation:
A review of records maintained by the University of California
Museum of Paleontology in Berkeley indicates that the closest
paleontological resources recorded in Santa Clara County occur
approximately 15.5 miles west of Los Gatos.
The deposits at the site are more recent and differ in age from those
containing the recorded paleontological resources. Consequently, the
potential for encountering paleontological resources at the project site
is considered to be low. Since the potential for impacts on
undiscovered resources to occur remains, however, implementation of
Mitigation Measure 4.11-3 would be required to reduce this impact to
a less than significant level.
Additionally, no unique geological features are present on the site.
The site is currently developed with the office/R&D uses, driveways,
landscaping, and utility improvements. The site is located within an
urban environment that is largely built out, and the site is generally
flat and does not support any geological or topographical features.
Therefore, development of the site would not result in significant
impacts on unique geological features. No impacts would occur and
no mitigation is required.
With Mitigation Measure 4.11-3, the impact will be less than
significant because construction personnel shall receive training on
identification techniques and procedures to follow if a fossil resource
is encountered; and a qualified paleontologist shall assess the resource
and determine procedures to ensure that appropriate protection
measures will be taken in the event buried paleontological resources
are encountered during project construction.
(DEIR, pp. 4.11-11 to 4.11-12.)
Significant = S Potentially Significant = PS Less than Significant = LTS
31
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Public Utilities and Services
Impact 4.12-1:
Construction of the
proposed project would
require additional
emergency and public
services for future visitors
or workers, but would not
require the construction of
new or physically altered
government facilities to
maintain acceptable service
ratios, response times, or
other performance
objectives for fire
protection, police
protection, schools, parks,
or other public facilities.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.12-2: The
proposed project would not
require the construction of
new wastewater treatment
or storm drain facilities, or
expansion of existing
facilities, the construction
of which could cause
significant environmental
effects. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.12-3: There
would be sufficient water
supplies available from
existing entitlements and
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
32
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
resources to serve the
project, and no new or
expanded entitlements or
facilities would be needed.
(LTS)
Impact 4.12-4:
Development of the project
would result in increased
wastewater flows to the
wastewater treatment
provider, which has
adequate capacity to serve
the project’s expected
demand in addition to
existing commitments.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.12-5: The project
would not exceed
wastewater treatment
requirements of the
applicable Regional Water
Quality Control Board.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.12-6: The project
would comply with federal,
state, and local statutes and
regulations regarding solid
waste. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.12-7: The project
would be served by a
landfill with sufficient
permitted capacity to
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
33
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
accommodate the project’s
solid waste disposal needs.
(LTS)
Recreation
Impact 4.13-1:
Development of the
proposed project would not
increase the use of
neighborhood and regional
parks or other recreational
facilities such that
substantial physical
deterioration would occur
or be accelerated. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.13-2:
Development of the
proposed project would not
include recreational
facilities or require the
construction or expansion
of recreational facilities
that might have an adverse
physical effect on the
environment. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.13-3:
Development of the
proposed project adjacent
to the Los Gatos Creek
Trail would provide
recreational and
transportation opportunities
to future employees
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
34
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
working at the offices
proposed on the project
site. (LTS)
Energy
Impact 4.14-1:
Demolition of existing
buildings and construction
of the new office/R&D
park would not encourage
activities that use large
amounts of fuel, water, or
energy, or use these in a
wasteful manner. (PS)
4.8-1a, BAAQMD Basic and Additional
Construction Mitigation Measures: Prior to
issuance of any Grading or Demolition Permit,
the Town Engineer and the Chief Building
Official shall confirm that the Grading Plan,
Building Plans, and specifications stipulate that
the following basic and enhanced construction
mitigation measures shall be implemented as
required by BAAQMD Guidelines while project
phases are under construction:
Water all active construction areas to
maintain 12% soil moisture.
All grading shall be suspended when
winds exceed 20 miles per hour.
All haul trucks transporting soil, sand, or
other loose material off-site shall be
covered.
Pave, apply water three times daily, or
apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas,
and staging areas at construction sites.
Hydroseed or apply non-toxic soil
stabilizers to inactive construction areas
(previously graded areas inactive for ten
days or more).
Enclose, cover, water twice daily or
apply non-toxic soil binders to exposed
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation: Although Mitigation Measure 4.8-1a broadly addresses
air quality effects resulting from project construction, the requirement
therein to limit idling will also have the beneficial effect of mitigating
the wasteful use of fuels.
Significant = S Potentially Significant = PS Less than Significant = LTS
35
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
stockpiles (dirt, sand, etc.).
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. Install sandbags
or other erosion control measures to
prevent silt runoff to public roadways.
Wind breaks and perimeter sand bags
shall be used to minimize erosion.
The amount of simultaneously disturbed
surface shall be minimized as much as
possible.
Site access points from public roadways
shall be paved or treated to prevent
track-out.
Replace vegetation in disturbed areas as
quickly as possible.
All vehicle speeds on unpaved roads
shall be limited to 15 mph.
All roadways, driveways, and sidewalks
to be paved shall be completed as soon
as possible.
Idling times shall be minimized either
by shutting equipment off when not in
use or reducing the maximum idling
time to two minutes. Clear signage shall
be provided for construction workers at
all access points.
All construction equipment shall be
maintained and properly tuned in
accordance with manufacturer’s
specifications. All equipment shall be
Significant = S Potentially Significant = PS Less than Significant = LTS
36
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
checked by a certified mechanic and
determined to be running in proper
condition prior to operation.
Post a publicly visible sign with the
telephone number and person to contact
at the Town regarding dust complaints.
This person shall respond and take
corrective action within 48 hours. The
BAAQMD’s phone number shall also be
visible to ensure compliance with
applicable regulations.
Impact 4.14-2: Operation
of office/R&D facilities
would not encourage
activities that use large
amounts of fuel, energy,
and water or result in
wasteful use of such
resources. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)