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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 2 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 3 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 4 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 5 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 6 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 7 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 8 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 10 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 11 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 12 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.)