The URL can be used to link to this page

Addendum Part 2N TOWN OF LOS GATOS NORTH FORTY SPECIFIC PLAN CEQA FINDINGS (TABLE A) TABLE OF IMPACTS, MITIGATION MEASURES AND CEQA FINDINGS Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact Level of (Significance Before Mitigation Measures Significance Findings Mitigation) With of Fact Miti ahmt ,x...0 ... ..:. : ..........E . Impact 3.1 -1: Effects on a None required. This impact is less than LTS Finding and Explanation Under CEQA, no mitigation measures are Scenic Vista (LTS) significant. required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3),15091; DEIR, pp. 3 -8 to 3 -10.) Impact 3.1 -2: Damage to Scenic Resources in State None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures a Scenic Highway (No are required where there are no impacts or for impacts that are less than I p act ) significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -10.) Impact 3.1 -3: Degradation of Visual Character- AES -1: New development adjacent to residential LTS Findine: Implementation of Mitigation Measure AES -1 will reduce Building Set -backs (PS) uses existing at the time of Specific Plan adoption shall provide minimum five -foot side and rear this impact to a less than significant level. Pursuant to Public setbacks to those residential uses. 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 could result in new buildings, potentially up to 35 -feet tall or more, contiguous to side and rear yards of existing houses. Without mitigation, new buildings are permitted a zero side and rear set -back. This would result in potential shading at the existing homes. With Miti anon Measure AES -1, a minimum five -foot side and rear than Significant LTS _ Significant and Unavoidable= SU -- - Significant = S Potentially Significant = PS Less Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Significant = S_ Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU_ 2 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Level of Environmental Impact Significance Findings of Fact (Significance Before Mitigation Measures with Mitigation) Mitigation setback would be required for new development adjacent to existing residential uses. This mitigation is consistent with the policies in the 2020 General Plan that address compatibility of new development with existing development, including Policies LU -1.4, LU -6.5, CD- 1.1, CD -1.2, CD -1.4, CD -1.5, CD -2.1, CD -6.1, CD -6.4, CD -16.3, and HOU -2.5. (DEIR, pp. 3 -13 to 3 -15.) Impact 3.1 -4: Light or None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are Glare (LTS) significant. required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -15) Impact 3.1 -5: Conflict None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than with Plan or Policy Adopted for Environmental significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ Purposes (No Impact) 15126.4, subd. (a)(3), 15091; DEIR, pp. 3 -15 to 3 -16.) r ultiuisoi(tCee�_� ,; s , Yi L, LTS a �,� Finding and Explanation: Under CEQA, no mitigation measures are Impact 3.2 -1: Important None required. This impact is less than Farmland Conversion. significant. required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; (LTS) DEIR, p. 3 -20.) Impact 3.2 -2: Zoning or None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are Williamson Act Conflict significant. required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; (LTS) DEIR, p. 3 -20.) Impact 3.2 -3: Other None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are Adverse Effects on significant. 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 Significant and Unavoidable= SU_ 2 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact Level of (Significance Before Mitigation Measures Significance Mitigation) s Findin With g of Fact Farmland. (LTS) Miti ation DEIR, p. 3 -21.) Impact 3.3 -1: Criteria Air Pollutant Emissions – AQ -1: Low NOX emitting heating systems shall be required for commercial, office, and hotel LTS Finding. Implementation of Mitigation Measures AQ I, AQ -2, and Consistency with 2010 uses. AQ -3 will reduce this impact to a less than significant level. Pursuant Clean Air Plan. (S) to Public Resources Code Section 21081(a) and CEQA Guidelines Section 15091(a), the Town of Los Gatos hereby directs that this AQ -2: Parking lots shall provide charging mitigation measure be adopted. The Town of Los Gatos, therefore, finds that changes or alterations have been required in, incorporated stations at a rate of no less than one percent of or into, the project that avoid the significant environmental parking spaces, effect as identified in the EIR. Explanation: AQ -3: All commercial developments shall incorporate Of the 55 control measures in the 2010 Clean Air Plan, 15 are energy reduction measures, including cool pavement materials, cool roof materials, potentially applicable to residential and commercial projects. While and/or renewable energy sources, such as on -site the Project would implement many of the control measures as solar power, to partially off -set electricity needs requirements of the Specific Plan or other Town Plans, several control within the Plan Area. Common areas within measures would not be implemented without mitigation because the commercial, office, and hotel developments Specific Plan does not adequately address several of the control shall utilize solar- generated or other renewable measures. This would be a significant impact. Mitigation measures in source electricity, or provide facilities for contribution the Transportation and Traffic section and AQ -1 to AQ -3 would of a like amount of renewable electricity to the eliminate conflicts with the 2010 Clean Air Plan and reduce impacts electric grid. associated with inconsistencies with applicable control measures to a less - than- significant level by making sure the Specific Plan includes policies requiring all of the applicable control measures. (DEIR, pp. 3- 41 to 3 -45.) Impact 3.3 -2: Criteria Air Pollutant 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, solid. (a)(3),15091; DEIR, pp. 3 -45 to 3 -46.) Impact 3.3 -3a: Pollutant AQ -4: The developer(s) shall implement basic LTS Finding: Implementation of Mitigation Measure AQ -4 will reduce Concentrations at Sensitive dust control measures at all on -site and off -site this impact to a less than significant level. Pursuant to Public Receptors- Construction locations where radin or excavation takes Resources Code Section 21081 a and CEQA Guidelines Section _Significant —=S Potentially Significant = PS Less than Significant =LTS Significant and Unavoidable= SU - -- - -- Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Mitigation Findings of Fact Dust. (PS) place. The developer(s) shall implement 15091(a), the Town of Los Gatos hereby directs that this mitigation additional dust control measures at all on -site and measure be adopted. The Town of Los Gatos, therefore, finds that off -site locations where grading or excavation changes or alterations have been required in, or incorporated into, the takes place within 200 feet of residential project that avoid the significant environmental effect as identified in properties. the EIR. Basic Dust Control Measures: Explanation: a. All exposed surfaces (e.g., parking Construction will generate emissions of particulate matter in the form areas, staging areas, soil piles, graded areas, and of fugitive dust during initial site preparation from grading activities unpaved access roads) shall be watered two times and during other construction phases from the transport of additional per day; materials (base rock, soil /gravel, asphalt). Without mitigation, dust in b. . All haul trucks transporting soil, sand, or from construction would be transported off -site via wind erosion of unpaved surfaces or through soils tracked -out onto paved roads where loose material off -site shall covered; particulate matter enters the air through the motion of passing cars and C. All visible mud or dirt track -out onto trucks. The Air District has not established a threshold for fugitive adjacent public roads shall be removed using wet dust emissions from grading and other construction activities, but power vacuum street sweepers at least once per rather relies on best management practices to reduce dust emissions at day. The use of dry power sweeping is all construction sites. Mitigation Measure AQ -4 would reduce prohibited; potential impacts from construction dust emissions on residents within the Plan Area (Bonnie View mobile home park, houses on Highland d. All vehicle speeds on unpaved roads Oaks Drive) to a less -than- significant level. (DEIR, pp. 3 -46 to 3 -48.) shall be limited to 15 mph; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; and f Post a publicly visible sign(s) with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. Additional Dust Measures Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 4 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Miti ation o Findings g f Fact g. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph; h. Vegetative ground cover (e.g., fast - germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established; and i. Unpaved roads shall be treated with a three to six inch compacted layer of wood chips, mulch, or gravel. Impact 3.3 -3b: Pollutant Concentrations at Sensitive AQ -5: High efficiency filtration (MERV rating of 13 or greater) on ventilation systems shall be LTS Finding: Implementation of Mitigation Measures AQ -5 and AQ -6 Receptors- Health Effects from Roadway Emissions required in residential, hotel, and office units located will reduce these impacts (3.3 -3b and 3.3 -4) to a less than significant level. Pursuant to Public Resources Code Section 21081(a) and (PS) in areas along State Route 17 identified in the EIR as having cancer risk in excess 10 CEQA Guidelines Section 15091(a), the Town of Los Gatos hereby of cases per million. 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 AQ -6: Ground -level outdoor residential yards environmental effect as identified in the EIR. that are not oriented to the Los Gatos Boulevard Explanation: side of the Plan Area, shall be located no closer than 100 feet from the State Route 17 right -of- The Plan Area is adjacent to two arterial streets and two freeways way prior to 2015, and, subject to air hazards (State Route 85 and State Route 17). According to Air District data, diesel particulate matter and total organic gas emission cancer risks modeling to confirm, no closer than 50 feet from the State Route 17 right -of -way thereafter (when are projected to be the highest at the southwest comer of the Plan diesel fuel and engine changes will reduce diesel Area, near the State Route 17 on -ramp from Lark Avenue, where the emissions levels). cancer risk is 14.3 cases in one million. Cancer risks that exceed the Air District's ten- in-one million threshold are projected to extend northward for about three- quarters of the distance of the Area Plan's western boundary, and to extend into the Plan Area by about 100 -140 feet. (See DEIR, p. 3 -49, Figure 15.) Without mitigation, residential uses could be laced within areas with toxic air contaminants in uficani_S _Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU --- N7 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Level of Environmental Impact Significance (Significance Before Mitigation Measures With Findings of Fact Mitigation) Mitigation excess of standards. This would be a significant impact. Implementation of AQ -S and AQ -6 would reduce this impact to a less -than- significant level by: (a) requiring effective filtration on ventilation systems; and (b) ensuring residential yards are not located within 100 feet of State Route 17 prior to 2015, and within 50 feet thereafter (when diesel, fuel and engine changes will reduce diesel emissions levels).(DEIR, pp. 3 -48 to 3 -51.) Impact 3.3 -4: General Plan AQ -5 and AQ -6 (see above) LTS Finding: Implementation of Mitigation Measures AQ -5 and AQ -6 Inconsistency (PS) will reduce these impacts (3.3 -3b and 3.3 -4) 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 2020 General Plan includes Policy ENV -12.3, which requires design criteria for site plans to reduce the effects of high air pollution concentrations associated with roadways by appropriate placement of structures, use of landscaping, and parking arrangements. Mitigation Measures AQ -5 and AQ -6 would reduce potential toxic air emissions impacts on residential uses near State Route 17 to a less -than- significant level. These measures will also ensure there is no impact associated with General Plan Inconsistency (Impact 3.3 -4) by requiring design criteria (to reduce the effects of high air pollution concentrations associated with roadways) that satisfies Policy ENV - 12.3. (DEIR, p. 3 -52.) Impact 3.3 -5: Substantial None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Odors (No Impact) required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126A, subd. (a)(3), 15091; DEIRp. 3 -52.) WK 'Ogj N So r v T s r Wit.: f4Fovli`'f'"'° k z a 5 t t ,..;.` Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Mid anon Findings of Fact Impact 3.4 -I Special- Status Species. (PS) BIO-1: If noise generation, ground disturbance, vegetation removal, or other construction LTS Finding: Implementation of Mitigation Measures BIO -1, BIO -2, BIO- activities begin during the nesting bird season 3, and BIO -4 will reduce this impact to a less than significant level. Pursuant to Public Resources Code Section 21081(a) CEQA (February 1 to August 31), or if construction and Guidelines Section 15091(a), the Town of Los Gatos hereby directs activities are suspended for at least two weeks and recommence during the nesting bird season, that this mitigation measure be adopted. The Town of Los Gatos, then the project developer shall retain a qualified therefore, finds that changes or alterations have been required in, or incorporated biologist to conduct a pre - construction survey for into, the project that avoid the significant environmental effect as identified in the EIR. nesting birds. The survey shall be performed within suitable nesting habitat areas on the Explanation: project site, and as feasible within 250 feet of the site boundary, to ensure that no active nests Because the Plan Area contains suitable nesting habitat for birds, would be disturbed during project implementation. construction activities during certain times of the year (February 1 through August 31) could result in the loss of eggs, nestlings, This survey shall be conducted no more than two weeks prior to the initiation of or otherwise lead to nest abandonment, which would be a significant disturbance and/or construction activities. A impact. Sustained noise - generating disturbance activities generating report documenting the survey results and plan greater than 85 decibels have the potential to adversely impact protected nesting birds. Additionally, for active bird nest avoidance (if needed) shall be mature trees would be removed in phases during the development of the Plan Area. Other completed by the qualified biologist and submitted to the Town of Los Gatos for review significant areas of tree cover are located near the Plan Area to provide nesting and approval prior to disturbance and/or bird habitat during the time between Plan Area clearing and re- construction activities. establishment of mature trees. Implementation of Mitigation Measure 13I0-1 will reduce potential impacts to nesting birds to a less -than- If no active bird nests are detected during the significant level because it requires pre - construction surveys for survey, then project activities can proceed as nesting birds and the establishment of protective buffer areas under scheduled. However, if an active bird nest of a the direction of a qualified biologist. native species is detected during the survey, then a plan for active bird nest avoidance shall Although burrowing owl was not observed during the 2011 focused determine and clearly delineate an appropriately surveys, there is a low potential for this species to become established sized, temporary protective buffer area around and occupy habitats within the Plan Area prior to construction each active nest, depending on the nesting bird activities because there are patches of non - native grassland containing species, existing site conditions, and type of active ground squirrel burrows. Therefore, the project has a low potential to directly affect individual owls that may be on the proposed disturbance and/or construction present site during construction activities. Implementation of Mitigation activities. The protective buffer area around an active bird nest is typically 75 -250 feet, Measure BIO -2 will reduce potential impacts to burrowing owls to a determined at the discretion the qualified less- than - significant level because it requires two -visit pre- — biologist and in compth applicable with fiance wi construction surveys and the establishment of an exclusion zone under the direction of a qualified biologist using Department of Fish and Significant = S Potentially Significant = PS Less than Significant =LTS Significant and Unavoidable= SU -- Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Mitigation Findings of Fact project permits. Wildlife's recommended methods. To ensure that no inadvertent impacts to an active The project has a low potential to directly affect individual pallid bats bird nest will occur, no disturbance and /or that may be roosting on the site during construction activities because construction activities shall occur within the there is marginally suitable roosting habitat within the Plan Area. protective buffer area(s) until the juvenile birds Implementation of Mitigation Measures BIO -3 and BIO-4 would have fledged (left the nest), and there is no reduce potential impacts to roosting bats to a less- than - significant evidence of a second attempt at nesting, as level because they require that measures be taken to make vacant determined by the qualified biologist. buildings unsuitable for use as bat roosts prior to removal and that mature trees are removed in two stages to allow any day- roosting bats to relocate or to allow a bat specialist to assist in relocation efforts. BIO -2: To avoid impacts to burrowing owls, a (DEIR, pp. 3 -61 to 3 -63.) qualified biologist will conduct a two -visit (i.e. morning and evening) pre - construction presence /absence survey at all areas of suitable habitat on and within 300 feet of the construction site within 30 days prior to the start of construction. Surveys will be conducted according to methods described in the Revised Staff Report on Burrowing Owl Mitigation (California Department of Fish and Wildlife 2012). If pre - construction surveys are undertaken during the breeding season (February through August) and locate active nest burrows near construction zones, then these nests and a 200 -meter (600 - foot) exclusion zone will be delineated which must remain off- limits to ground - disturbing activities until the breeding season is over. The exclusion zone shall be clearly delineated /fenced, and work could proceed within the exclusion zone after the biologist has determined that fledglings were capable of independent flight and the California Department of Fish and Wildlife has approved the recommencement of work inside the exclusion zone, or has authorized physical relocation of the owls. Nesting owl pairs Significant = S Potentially Significant = PS Less than Significant = LTS _Significant and Unavoidable= SU Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Miti ation Findings of Fact g physically relocated (after consultation and approval from the California Department of Fish and Wildlife) as a consequence of construction activities are typically provided a habitat replacement mitigation ratio of 6.5 acres per owl pair /territory relocated. The project developer(s) shall be responsible for the implementation of this mitigation measure, subject to monitoring by the Town of Los Gatos. BIO -3: To avoid impacting active bat roosts, if present, any vacant buildings on the site proposed for removal that are boarded up prior to construction (dark in the daytime) shall be opened in the winter months (prior to mid - March) to allow in light, making these areas non- suitable for use as bat roosts. The developer(s) shall be responsible for the implementation of this mitigation measure, subject to monitoring by the Town of Los Gatos. 13I0-4: Mature trees removed due to project implementation shall be removed in two stages (with the limbs removed one day, and the main trunk removed on a subsequent day) to allow any potentially present day - roosting bats the opportunity to relocate. If bat roosts are encountered during tree removal, a bat specialist shall be hired to assist in any relocation efforts. The developer(s) shall be responsible for the implementation of this mitigation measure, subject to monitoring by the Town of Los Gatos. - - -- d U Potentially Significant = ant LT _PS Less than Signific = S - Significant annavoidabl—e = SU — Town of Los Gatos - CEGA Findings for the North Forty Specific Plan Environmental Impact Level of Significance (Significance Before Mitigation Measures With Findings of Fact Mitigation) Mitigation Impact 3.4 -2: Riparian None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Habitat (No Impact) required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, pp. 3 -63 to 3 -64.) Impact 3.4 -3: Wetlands None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are (No Impact) required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -64.) Impact 3.4 -4: Movement None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation treasures are Corridors (No Impact) required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -64.) Impact 3.4 -5: Tree BIO -5: Prior to tree removal, a Tree Preservation Report or Tree Protection Plan shall be prepared LTS Finding: Implementation of Mitigation Measure BIO -5 will reduce Protection Ordinance (PS) a qualified st and a Tree Removal Permit this impact to a less than significant level. Pursuant to Public shall obtained stipulating exactly how many shall ed stipulating Resources Code Section 21081(a) and CEQA Guidelines Section ct removed protected trees of each species will 15091(a), the Town of Los Gatos hereby directs that this mitigation a and how many will then required as measure be adopted. The Town of Los Gatos, therefore, finds that o replacement plantings, along with where they can changes or alterations have been required in, or incorporated into, the be planted, and any applicable maintenance project that avoid the significant environmental effect as identified in requirements. Retained trees shall be protected the EIR. during construction according to the measures Explanation: specified in the Tree Protection Ordinance (Town of Los Gatos 2003). According to tree surveys, not including the English walnut orchard The project developer(s) shall be responsible for trees, the project site contains 190 trees covered by the Tree the implementation of this mitigation measure, Protection Ordinance, including native coast live oaks and non - native subject to monitoring by the Town of Los Gatos. ornamental landscaping trees. Mitigation Measure BIO -5 will reduce impacts to protected trees to a less -than- significant level by requiring the project developer(s) to obtain a Tree Removal Permit prior to project implementation. The Tree Removal Permit will stipulate a certain number and species of replacement tree plantings for those protected trees that are removed. (DEIR, pp. 3 -64 to 3 -65.) Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 10 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact Level of (Significance Before Mitigation Measures Significance Mitigation) With Findings of Fact Miti ation Impact 3.4 -6: Conflict with Habitat Plan None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures Impact- Not Applicable) le) are required where there are no impacts or for impacts that are less than n significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -65.) Finding and Explanation: Under CEQA, no mitigation measures are Impact 3.4 -7: Consistent with Plan Adopted for None required. There is no impact. No Impact Environmental Purposes required where there are no impacts or for impacts that are less than (No Impact) significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, sub d (a)(3), 15091; DEIR, p. 3 -65 J Impact 3.4 -8: Forest None required. There is no impact. Resources (No Impact- Not No Impact Finding and Explanation: Under CEQA, no mitigation measures are Applicable) required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ I ) 5126 4 subd (a) 3) 15091 DEIR, p 3 65 Impact 3.5 -1: Adverse CR 1: Prior to demolition of buildings within Che " ° "" ""' " Change Co Historical Plan Area identified as potentially historic SU Findimz: Implementation of Mitigation Measures CR -1 and CR -2 will Resources (S) resources, the project sponsor shall prepare reduce this impact to some degree, but not to a less than significant photographic documentation of the buildings level. Pursuant to Public Resources Code Section 21081(a) and CEQA meeting the documentation standazds of the Guidelines Section 15091(a), the Town of Los Gatos hereby directs Historic American Buildings Survey/Historic that these mitigation measures be adopted. The Town of Los Gatos, American Engineering Record (HAGS /HAER), as therefore, finds that changes or alterations have been required in, or presented in the North 40 Specific Plan Historic incorporated into, the project that reduce the severity of this Resources Technical Report. The historic significant impact, but not to a less than significant level. Specific documentation shall be prepared at Level IV economic, legal, social, technological, or other considerations, (sketch plan, digital photographs of exterior and including provision of employment opportunities for highly trained interior views, and HABS/HAER inventory cards) workers, make infeasible any further mitigation that could render the for the potentially historic buildings. No historic impact less than significant. The reasons why such further mitigation documentation shall be required for the orchard, is infeasible are the same reasons for which the Town has rejected the except as may be incidentally included in the Historic Preservation Alternative, as set forth in the main body of documentation of the structures. these findings. The project sponsor shall prepare, or retain a Explanation: qualified professional who meets the standards for architectural historian and/or historical architect The Plan Area includes six houses and agricultural buildings that are more than 50 years old and that have been determined to be —- ----- -- ---- --.. -- Significant = S Potentially Significant = PS Less than Significant = - - - - -— LTS Significant and Unavoidable = SU Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Mitigation Findings of Fact set forth by the Secretary of the Interior (Secretary potentially eligible for listing on the California Register of Historic of the Interior's Professional Qualification Resources at a local level of significance because of the properties' Standards, 36 CFR 61) to prepare documentation association with the Santa Clara Valley's former fruit industry's peak of historic resources prior to any construction work era of production from 1910 -1929. (See DEIR, p. 3 -75, Figure 16.) associated with demolition or removal. Additionally, there is an approximately 30 -acre walnut orchard dates The Town of Los Gatos shall identify appropriate originally to historic era, but it has been re- planted, re- configured, and repositories for housing the historical reduced in size as development encroached on all sizes. A significant documentation at the time of the project -level amount of commercial development has occurred along Los Gatos analysis. An interpretive display shall be Boulevard that has changed the character of sections of the property. incorporated into the design of commercial Although dating originally to the era, the walnut orchard has been re- development within the Plan Area. planted, re- configured, and reduced in size as development has encroached on all sides. At approximately 27 acres, the orchard CR -2: For potentially historic buildings proposed provides some feel of the historic agricultural past, but houses, for retention at existing locations, the project commercial buildings, freeways, and sound walls are visible from any sponsor shall prepare a historic structure(s) report point within the orchard, and these significantly detract from the (HSR) for the historic resource as a guide to the historic setting. (DEIR, p. 3 -74.) The Town therefore determined that rehabilitation. The HSR shall set forth the history the orchard was not an historical resource within the meaning of of the resource, describe its existing condition, CEQA. Development of the project site therefore will not be a make recommendations for repair, rehabilitation, significant environmental effect with respect to the loss of the replacement, reconstruction, and other treatments orchard. based on the Secretary of the Interior's Standards Removal of the six potentially historic buildings and walnut orchard for the Treatment of Historic Properties with would be a significant and unavoidable impact. ImplementaCion of Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings Mitigation Measures CR -1 and CR -2 would reduce the severity of this or the Secretary of the Interior's Standards for impact, but not to a less -than- significant level. These measures require Rehabilitation and Guidelines for Rehabilitating the developer to prepare photographic documentation of the buildings Historic Buildings. The HSR shall prepared by meeting the documentation standards of the Historic American a qualifications a licensed architect who meets then Buildings Survey/ Historic American Engineering Record and to the S seta for historical architect as set forth in the Secretary develop a historic structures report for the historic resource as a guide of the Interior's Historic Preservation Professional to rehabilitation. (DEIR, Appen. G, p. 77 [Nov. 2013 Technical Qualification Standards, published in the Federal Report, p. 361; Final FIR, p. 4 -4.) Register, June 20, 1997 (Volume 62, Number 119). The project sponsor shall retain the services of a historical architect as a member of the design team for the rehabilitation. The historical architect may Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 12 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Miti afion Findings of Fact be the same historical architect who prepared the HSR, without encountering a conflict of interest. The Town of Los Gatos shall review the rehabilitation plans prepared by the project architect for compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. The HSR shall specify procedures for protecting historic resources and a monitoring method to be employed by the contractor while working near the affected resource. At a minimum, the plan shall address the operation of construction equipment near adjacent historical resources, storage of construction materials away from adjacent resources, and education/training of construction workers about the significance of the historical resources. Impact 3.5 -2: Potential UK-3: For grading or excavations deeper than four Adverse Change to feet below the existing surface, a qualified LTS Findine; Implementation of Mitigation Measures CR -3 will reduce Archaeological Resources archaeologist shall be retained to monitor the this impact to a less than significant level. Pursuant to Public (PS) excavations. The archaeologist shall be present on- Resources Code Section 21081(a) and CEQA Guidelines Section site to observe a representative sample of deep 15091(a), the Town of Los Gatos hereby directs that this mitigation grading or excavations in at least three areas measure be adopted. The Town of Los Gatos, therefore, finds that within the Plan Area until satisfied that there is no changes or alterations have been required in, or incorporated into, the longer a significant potential for finding buried project that avoid the significant environmental effect as identified in resources. In the event that any potentially the EIR. significant archaeological resources (i.e., potential Explanation: historical resources or unique archaeological resources) are discovered, the project archaeologist The archeological report concluded, based upon background research shall designate a zone in which additional and the general surface reconnaissance conducted on June 27, 2011, archaeological resources could be found and in that no surface evidence of potentially significant archaeological resources exists within the Plan Area. But the Project would include nnwin_o Potentially Significant PS Less than Significant = LTS Significant and Unavoidable= 13 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Mitigation Findings of Fact which work shall be stopped. A plan for the excavations for buildings and pipelines, including off -site pipelines, evaluation of the resource shall be submitted to the and some deep excavations. Because unknown significant buried Community Development Director for approval. cultural resources could be present at the Plan Area, and uncovered Evaluation normally takes the form of limited hand during grading or excavation activities, the potential exists for excavation and analysis of materials and disturbance of significant archaeological resources. Mitigation information removed to determine if the resource Measure CR -3 would reduce this potential impact to a less -than- is eligible for inclusion on the California Register significant level because it requires a qualified archaeologist to of Historic Resources. monitor excavations and requires all work to stop if any potentially In the event that significant paleontological, significant resources are uncovered during excavation and/or grading historic, and /or archaeological remains are in the absence of an archaeological monitor. (DEIR, pp. 3 -78 to 3 -79_) uncovered during excavation and/or grading in the absence of an archaeological monitor, all work shall stop in the area of the subject property until a qualified archaeologist can assess the find and, if necessary, develop an appropriate data recovery program. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of this mitigation measure. Costs will be the responsibility of the developer(s). Impact 3.5 -3: Adverse CR -4: If human remains are found during LTS Findine: Implementation of Mitigation Measures CR -4 will reduce Change to Paleontological construction activities no further excavation or , disturbance of the site or any nearby area these impacts (3.5 -3 and 3.5 -4) to a less than significant level. Resources (PS) reasonably suspected to overlie adjacent human Pursuant to Public Resources Code Section 21081(a) and CEQA remains until the archeological monitor and the Guidelines Section 15091(a), the Town of Los Gatos hereby directs coroner Santa Clara County are contacted. If it that this mitigation measure be adopted. The Town of Los Gatos, is determi ned that the remains are Native therefore, finds that changes or alterations have been required in, or American, the coroner shall contact the Native incorporated into, the project that avoid the significant environmental American Heritage Commission within 24 hours. effect as identified in the EIR. The Native American Heritage Commission shall Explanation: identify the person or persons it believes to be the While the 2020 General Plan Draft EIR determined that there are no most likely descendent (MLD) from the deceased Native American. The MLD may then make fossil localities within the Town of Los Gatos, deep excavations could recommendations to the landowner or the person disturb unknown underground paleontological resources. The Project could involve deep excavations if underground parking or basements Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 14 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Miff ation Findings of Fact g responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, are developed and for installation of pipelines. Implementation of the human remains and associated grave goods as Mitigation Measure CR -4 and Policy OSP -9.4 in the 2020 General provided in Public Resources Code section Plan would reduce this impact to a less - than - significant level because 5097.98. The landowner or his authorized it requires construction activities stop if human remains are found until the archaeological monitor and county coroner (if representative shall rebury the Native American human remains and associated grave goods with applicable, the coroner shall contact the Native American Heritage Commission) are appropriate dignity on the property in a location contacted. (DEIR, pp, 3 -79 to 3 -80.) not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. The Planning Division of the Community Development Department shall be responsible for ensuring the implementation of these mitigation measures. Costs will be the responsibility of the developer(s). Impact 3.5 -4: Potentially Disturb Human Remains CR -4 (see above) LTS Finding: Implementation of Mitigation Measures CR -4 will reduce (PS) these impacts (3.5 -3 and 3.5 -4) 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 Plan Area is not known to contain human remains but excavation n _a rocenaany Signiticant = PS Less than Significant = LTS Significant and Unavoidable= SU 15 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 16 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Level of Environmental Impact Significance (Significance Before Mitigation Measures Findings of Fact With Mitigation) Mitigation during construction could result in disturbance of human remains that may be buried on site. Implementation of Mitigation Measure CR-4 would mitigate this potential impact to a less - than - significant level because it requires construction activities stop if human remains are found until the archaeological monitor and county coroner (if applicable, the coroner shall contact the Native American Heritage Commission) are contacted. (DEIR, p. 3 -80.) CR -1 and CR -2 (see above) Impact 3.5 -5: Conflict LTS Finding: Finding and Explanation: Under CEQA, no mitigation with Plan Adopted for measures are required where there are no impacts or for impacts that Environmental Purposes are less than significant. (Pub. Resources Code, § 21002; CEQA (PS) Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -65.) Explanation: The Plan Area includes several buildings that have been identified as potentially historic. Refer to the prior discussion of historic resources. Mitigation Measures CR -1 and CR -2 would mitigate the impact to potentially significant buildings, but not to a less -than- significant level. As mitigated, however, the proposed project would not be inconsistent with these Town of Los Gatos 2020 General Plan policies relating to historic resources because these policies do not prohibit the demolition of historic structures or require that all historic structures in the Town must be retained. (Final FIR, p. 4 -4.) �'S 1 S 1i'i �F "••s t l3Ct�✓ -VSH =. 4, £ R F [ iT tt£ 4 1 1-1 '. 3 `� i1 ] r .?: ,i. .. hws 1., ,£,'. ,+,a . r,.._�. Impact 3.6 -1: Effects of None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are Seismic Activity (LTS) significant. required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, pp. 3 -86 to 3 -87.) Impact 3.6 -2: Soil Erosion None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are (LTS) significant. required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091: DEIR, p. 3 -87.) Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 16 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact Level of (Significance Before Mitigation Measures Significance Mitigation) With Findings g of Fact Miti ation Impact (N Soil Instability ty (N o Impact) None Required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -87.) Impact 3.6 -4: Expansive Soils (No Impact) None Required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd (a)(3), 15091; DEIR, p. 3 -87.) Impact 3.6 -5: Soils Suitability for Septic None Required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Systems (No Impact) required where there are no impacts or for impacts that are less than � p significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -87.) Impact 3.6 -6: Mineral Resources (No Impact) None Required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd (a)(3), 15091; DEIR, p. 3 -88.) Impact 3.6 -7: Consistent with Plan Adopted for None Required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Environmental Purposes required where there are no impacts or for impacts that are less than (No Impact) significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -88.) k`eeultYlusettllssitttl`s Impact 3.7-1: Greenhouse Gas Emissions (LTS) None required. This impact is less than LTS Finding and Explanation. Under CEQA, no mitigation are significant, required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, pp. 3 -104 to 3 -105.) None Required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Impact 3.7 -2: General Plan or Greenhouse Gas Reduction Plan required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code. 6 21002• CFO A (niAPh ss Significant = S Potentially Significant = PS _ Less than Significant = LTS Significant and Unavoidable= 17 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 18 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Level of Environmental Impact Significance (Significance Before Mitigation Measures With Findings of Fact Mitigation) Mitigation Inconsistency (No Impact) 15126.4, solid. (a)(3), 15091; DEIR, p. 3 -105.) azartlsati }HlcadunsiCrutS K � c 1. Impact 3.8 -1: Transport, None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Use, or Disposal of required where there are no impacts or for impacts that are less than Hazardous Materials (No significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ Impact) 15126.4, subd (a)(3), 1!5091; DEIR, p. 3 -113.) Impact 3.8 -2: Release of None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Hazardous Materials into required where there are no impacts or for impacts that are less than the Environment (No significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ Impact) 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -114.) Impact 3.8 -3: Hazardous None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Materials within One- required where there are no impacts or for impacts that are less than quarter Mile of a School significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ (No Impact) 15126.4, solid. (a)(3), 15091; DEIR, p.3 -114.) Impact 3.8 -4: Projects on a HAZ -1: Prior to issuance of permits for activities LTS Findin : Implementation of Mitigation Measure HAZ -1 will reduce Hazardous Materials Site involving grading or excavation within Lark this impact to a less than significant level. Pursuant to Public (PS) Avenue, the San Jose Water Company property, Resources Code Section 2108I(a) and CEQA Guidelines Section the south end of the Plan Area (within the 15091(a), the Town of Los Gatos hereby directs that this mitigation contaminated area delineated on County of Santa measure be adopted. The Town of Los Gatos, therefore, finds that Clara Department of Environmental Health changes or alterations have been required in, or incorporated into, the records for the Lark Avenue Car Wash fuel leak project that avoid the significant environmental effect as identified in case), or immediately adjacent areas, the the FIR. developer shall consult with the Department of Explanation: Environmental Health regarding the potential for disturbance of contaminated soils. The developer The Plan Area is not the site of a toxic materials spill, but it has been shall either conduct pre- excavation soil testing at affected by migration of toxic materials that spilled on an adjacent an appropriate depth to the proposed work and site, the Lark Avenue Car Wash located on the opposite side of Lark review results with the Department of Avenue. Street, building, and utility improvements at the south end of Environmental Health, or assume contamination the Plan Area, and off: site water pipeline improvements within and of the soils and proceed with appropriate south of Lark Avenue would occur in soils within the boundary of the safeguards, established in consultation with the contamination plume from the leaking underground gasoline storage Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 18 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact Level of (Significance Before Mitigation Measures Significance Mitigation) With Findings g of Fact Mid anon Department oilEnvironmental Health. Unless pre - tanks formerly located at the Lark Avenue Car Wash. Remediation excavation soil testing shows no contamination, of this fuel leak is not yet complete, and the contaminants in the Post-excavation soil testing shall be conducted. If testing shows soil contamination levels are in soils and groundwater could include petroleum hydrocarbons, heavy metals, excess of acceptable levels, the developer shall and other toxic substances. Disturbance of these soils for project improvements implement appropriate protective measures in could result in the release of toxic materials, which could expose construction workers to adverse health consultation with the Department of Environmental Health, including worker effects, or result in transport of toxic materials in storm water. Additionally, Protocols and soil handling and disposal contaminated soils could be inadvertently transported to other locations. Impact 3.8 -4 is potentially significant, but implementation Protocols. The presence of contamination may of Mitigation Measure HA-Z-1 would reduce this impact to a less necessitate the use of workers who have been properly trained in accordance with 29 CFR - than - significant level because it requires the developer to either 1910.120. If soil testing shows acceptable conduct pre- excavation soil testing or proceed with appropriate safeguards established in consultation with the Department contamination levels, no further soils measures may be required. If excavations reach free of Environmental Health. DEIR, ( pp. 3 -114 to 3 -115J groundwater, the developer shall stop work and consult with the Department of Environmental Health. Impact 3.8 -5: Airport Safety Hazard (No Impact) None Required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -115.) Impact 3.8-6: Interference with an Emergency Plan None Required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are (No Impact) required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, pp. 3 -115 to 3 -116.) Impact 3.8 -7: Wildlands None Required. There is no impact. No Impact Fire (No Impact) Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd (a)(3), 15091; DEIR, p. 3 -116.) iyfil %ttitFBYMIkI''�28 ' ... ,. . S _ Potentially Significant = PS _Less than Significant = LTS Significant and Unavoidable= 19 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 20 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Level of Environmental Impact (Significance Before Mitigation Measures Significance With Findings of Fact Mitigation) Mitigation Impact 3.9 -1: None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Groundwater Depletion required where there are no impacts or for impacts that are less than (No Impact) significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, pp. 3 -127 to 3 -128.) Impact 3.9 -2: Erosion or None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are Siltation due to Drainage significant. required for impacts that are less than significant. (Pub. Resources Changes (LTS) Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, pp. 3 -128 to 3- 129.) Impact 3.9 -3: Flooding None required. This impact is less than LTS Finding and nd Explanation: Under CEQA, no mitigation measures are due to Drainage Changes significant. required for impacts that are less than significant. (Pub. Resources (LTS) Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -130.) = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 20 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact Level of (Significance Before Mitigation Measures Significance Findings f Fact Mitigation) With g o Miti ation Impact 3.9 -4: Excess or Polluted Storm Water Run- HAZ -1 (see above) LTS Finding: Implementation of Mitigation Measure HAZ -1 will reduce Off (PS) to 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 FIR. Explanation: Soil excavated in the areas of the project site that have been contaminated by gasoline storage tank leaks at the Lark Avenue Car Wash could contain toxic contaminants. Displacement of these contaminated soils could potentially result in contaminants being released and transported to Los Gatos Creek, or to another location and to other waters. This is a potentially significant impact. Implementation of Mitigation Measure HAZ -1 would reduce this impact to a less -than- significant level because it requires the developer to either conduct pre - excavation soil testing or proceed with appropriate safeguards established in consultation with the Department of Environmental Health. (DEIR, p. 3 -131.) Impact 3.9 -5: Other Water Quality Degradation (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; DEIR pp. 3 -131 to 3 -132.) Impact 3.9 -6: Flooding, Seiche, Tsunami, Mudflow None required. There is no impact. LTS Finding and Explanation: Under CEQA, no mitigation measures are (LTS) required where there are no impacts or for impacts that are less than significant. g (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -132; Final FIR, p. 4 -5.) -0 rotennany signrticant = PS Less than Significant = LTS Significant and Unavoidable= SU 21 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 22 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Level of Environmental Impact Significance Findings of Fact (Significance Before Mitigation Measures With Mitigation) Miti atlou Impact 3.9 -7: Conflict None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than with Plan Adopted for significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ Environmental Purposes 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -132.) (No Impact) T T#e P,101uam t t Impact 3.10 -1: Physical None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than Division of a Community significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ (No Impact) 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -146.) Impact 3.10 -2: Conflict None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than with Plan Adopted for significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ Environmental Purposes 15126.4, subd. (a)(3), 15091; DEIR, pp. 3 -146 to 3 -148.) (No Impact) Impact 3.10 -3: Conflict None required. There is no impact No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than with Habitat Plan (No significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ Impact- Not Applicable) 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -148.) � � � � t'`�'k.ci {� � -� � � � � .: 1 S : � t i � i... .i`: .. .. ie. '.'z.x ... J.a... .N ... ♦t_5.... ..t .. ...e vn „.t. 11 -1a: Noise in NOI -1: A noise barrier shall be constructed LTS Finding: Implementation of Mitigation Measures NOI -1, NOI -2, and Standards- commencing at the south end of the existing NOI -3 will reduce this impact to a less than significant level. l and Hotel Land noise barrier along State Route 17, and Pursuant to Public Resources Code Section 21081(a) and CEQA continuing south to Lark Avenue and east along Guidelines Section 15091(a), the Town of Los Gatos hereby directs Lark Avenue for approximately 200 feet (or that this mitigation measure be a dopted. The Town o f Los Gatos, approximately 150 feet of west of Highland Oaks therefore, finds that changes or alterations have been required in, or Drive). From the existing noise barrier to a point incorporated into, the project that avoid the significant environmental approximately 200 feet north of Lark Avenue the effect as identified in the EIR. noise barrier shall be 14 feet tall; from that point Explanation: to Lark Avenue, the noise barrier shall be 12 feet tall, and along Lark Avenue the noise barrier The proposed residences and hotel would be the most noise - sensitive shall be 10 feet tall for a length of about 100 feet = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 22 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures g Level of Significance With Mitigation Findings of Fact and 8 feet tall thereafter. The noise barrier shall land uses within the Plan Area. The California Building Code have a decorative design and /or include plantings requirement of Ldn 45 dBA or lower indoor noise level is applicable to or a planting buffer that would improve the all residences and to hotel guest rooms. Consistent with the 2020 appearance of the barrier from State Route 17 and General Plan EIR, a project is considered to have a significant effect if Lark Avenue. it increase an existing ambient noise level below 60 dBA by five dBA NOI -2: Future development located on sites that or more, an existing ambient noise level of 60 to 65 dBA by three are shown in the North 40 Specific Plan EIR as dBA or more, or an existing ambient noise level of greater than 65 exceeding the normally acceptable noise level of dBA by 1.5 dBA or more. Residences are likely to be located between the Town of Los Gatos 2020 General Plan and Ld„ 65 and 74 dBA noise contours. Therefore, an increase of 1.5 dBA Town noise ordinance shall demonstrate that or more would be considered significant. The expected increase in Ld. building designs and placement adequately due to the project may be up to four decibels in residences along reduce noise. If a study shows that actual noise Burton Road in the northern portion of the Plan Area. According to (and projected noise levels at Specific Plan build - the noise assessment prepared for the Specific Plan, future out) will exceed applicable Town noise development in some portions of the Plan Area will be subjected to standards, site and/or building plans shall identify noise levels inconsistent with the Town's land use compatibility measures to meet these standards. The guidelines. But implementation of Mitigation Measures NOI -1, NOI- developer(s) shall be responsible for preparing 2, and NOI -3 would reduce this impact to a less -than- significant level noise studies and implementing noise attenuation because they require the construction of a noise barrier, require the measures as conditions of project approval and developer to prepare noise studies and implement noise attenuation construction. The developer(s) shall: measures as conditions of project approval and construction, and require future development projects to submit building and site plans Identify outdoor use spaces and building demonstrating compliance with noise standards. (DEIR, pp. 3 -156 to design or barrier walls to reduce environmental 3 -163; Final EIR, p. 4 -5.) noise to 65 dBA Ldn or lower; Identify exterior -to- interior sound insulation measures, such as sound rated windows and doors, to reduce environmental noise to 45 dBA Ldn or lower indoors at residences and hotel guest rooms; and As windows will need to be closed to meet the allowable interior noise level across the site, residences and hotel guest rooms shall incorporate ventilation or air - conditioning systems to provide a habitable interior environment, consistent with California Building Code requirements. Systems must not = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 23 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Mitigation Findings of Fact compromise sound - insulation of the building shell. NOI -3: Future development projects shall be designed so that all podium buildings are oriented to shield outdoor courtyards from the adjacent roadways. Future development projects shall be designed so that residences along Los Gatos Boulevard incorporate noise barriers as needed to shield outdoor use spaces. Outdoor use areas (excluding outdoor areas that are principally landscaped areas, parking areas, or sidewalks) shall meet the 65 dBA Ldn or lower outdoor noise standard. The applicant for each development project shall submit building and site plans demonstrating compliance with this measure. Impact 3.11 -1b: Noise in NOI -4: Future non - residential development on LTS Finding: Implementation of Mitigation Measure N0I4 will reduce Excess of Standards- Non- sites where the Ldn noise levels are 68 dBA or this impact to a less than significant level. Pursuant to Public Residential Land Uses (S) higher as shown in the North 40 Specific Plan Resources Code Section 21081(a) and CEQA Guidelines Section FIR, shall include site - specific noise attenuating 1509l(a), the Town of Los Gatos hereby directs that this mitigation building designs providing sound -rated measure be adopted. The Town of Los Gatos, therefore, finds that construction that will reduce interior levels to the changes or alterations have been required in, or incorporated into, the California Green Building Code requirement of project that avoid the significant environmental effect as identified in Leq -lhr 50 dBA or lower. Alternatively, the the EIR. developer(s) can demonstrate that exterior walls Explanation: and roofs have been designed to have sound insulation ratings of SIC 50 or higher, with The California Green Building Code provides requires non - residential minimum STC 40 windows. projects, including the non -guest room portions of hotels, to meet an average hourly interior noise level (L , -Ih,) of 50 dBA or lower. Hourly average sound levels exceed 65 dBA across the commercial Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact Level of (Significance Before Mitigation Measures Significance With Findings of Fact Mitigation) Mitigation portions of the Plan Area. Implementation of Mitigation Measure NOI -4 would reduce this impact to a less - than - significant level because it requires future non - residential development to include site - specific noise attenuating building designs providing sound -rated construction that will reduce interior noise levels to the requirement of Leq -1 hr 50 dBA or lower. (DEIR, p. 3 -164.) Impact 3.11 -1c: Noise in NOI -5: Future development shall provide LTS Finding: Implementation of Mitigation Measure NOI -5 will reduce Excess of Standards- building - specific designs to reduce stationary this impact to a less than significant level. Pursuant to Public Stationary Noise Sources noise source noise generation to the Town Code Resources Code Section 21081(a) and CEQA Guidelines Section (PS) standards, as described in The Los Gatos Town 15091(a), the Town of Los Gatos hereby directs that this mitigation Code Sections 16.20.15 to 16.20.025 and General measure be adopted. The Town of Los Gatos, therefore, finds that Plan Table NOI -2. These measures are expected changes or alterations have been required in, or incorporated into, the to include equipment selection and orientation, project that avoid the significant environmental effect as identified in noise barriers, roof screens and enclosures. the FIR. Explanation: Stationary noise sources include rooftop mechanical equipment for retail, office, hotel, and podium -type multi - family housing buildings, and possibly individual air condensing units for townhouse -style residences, or emergency generators for retail and office buildings. New stationary noise sources have the potential to generate noise levels that would violate the Town's noise standards or be incompatible with the surrounding uses. Implementation of Mitigation Measure NOI -5 will reduce this impact to a less -than- significant level because it requires future development to include building specific designs that reduce stationary noise source noise generation to the Town Code standards in Code Sections 16.20.15 to 16.20.025 and General Plan Table NOI -2. (DEIR, p. 3 -164.) Impact 3.11 -2: Ground- NOI -6: Future development projects that include LTS Finding: Implementation of Mitigation Measure NOI -6 will reduce bome Vibration (PS) vibration- sensitive facilities, or businesses with this impact to a less than significant level. Pursuant to Public highly vibration - sensitive equipment shall Resources Code Section 21081(a) and CEQA Guidelines Section quantify vibration levels and demonstrate project- 15091(a), the Town of Los Gatos hereby directs that this mitigation specific building designs to reduce vibration to measure be adopted. The Town of Los Gatos, therefore, finds that acceptable levels. changes or alterations have been required in, or incorporated into, the _Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level Significance With Mitigation Findings of Fact project that avoid the significant environmental effect as identified in the EIR. Explanation: Short-term construction activities associated with development of the Plan Area may result in ground -borne vibrations. According to the Federal Transit Administration, vibration levels that reach a ground velocity of 85 decibels (VdB) in residential or other sensitive land use areas would cause strong annoyance. Operation of typical construction equipment could cause vibration within 25 feet of the equipment to reach up to 86 VdB for loaded trucks or 104 VdB for pile drivers. To the extent that highly sensitive uses (vibration - sensitive manufacturing, medical or research facilities, etc.) are included in development applications, there may be potentially significant impacts. Implementation of Mitigation Measure NOI -6 would reduce this impact to a less- than - significant level because it requires future development projects to quantify vibration levels and include building designs that reduce vibration to acceptable levels. (DEIR, pp. 3 -164 to 3 -166.) Impact 3.11 -3: Potential NOI -7: Future development projects including or LTS Finding: Implementation of Mitigation Measure NOI -7 will reduce Project Vicinity Permanent requiring roadway improvement projects along this impact to a less than significant level. Pursuant to Public Ambient Noise Increase Burton Way in the northern portion of the Plan Resources Code Section 21081(a) and CEQA Guidelines Section (PS) Area shall require a noise assessment prior to 15091(a), the Town of Los Gatos hereby directs that this mitigation approval if existing residential uses will remain measure be adopted. The Town of Los Gatos, therefore, finds that adjacent to the roadway improvements . The changes or alterations have been required in, or incorporated into, the assessment shall consider the orientation and project that avoid the significant environmental effect as identified in width of the roadway; location and design of the EIR. existing residences; and shall identify appropriate Explanation: mitigation measures to reduce traffic noise to within the Town of Los Gatos noise standards. The project would increase traffic noise by up to four dB along Burton This is expected to consist of sound -rated Way in the northern portion of the Plan Area. The cumulative noise windows and doors, and possible roadway noise level is estimated to be approximately L, 65 for at -grade receivers on barriers. adjacent single - family housing sites, which exceeds the normally acceptable level for land use compatibility. If existing houses remain (instead of being replaced as part of the project), the noise increase Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 26 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance with Miti anon Findings of Fact g would be considered significant without mitigation. Implementation of Mitigation Measure NOI -7 would reduce this impact to a less -than- significant level because it requires future development projects to require noise assessments prior to approval if existing residential uses remain adjacent to proposed roadway improvements and to identify measures that will reduce noise to below the Town's noise standards. (DEIR, p. 3 -166.) Impact 3.11 -4: Project Vicinity Temporary or NOI -8: Future development applications shall identify the location and types of sensitive LTS Finding: Implementation of Mitigation Measure NOI -8 will reduce Periodic Ambient Noise Increase receptors that may be affected by construction this impact to a less than significant level. Pursuant to Public Resources Code Section 21081(a) and CEQA Guidelines Section (PS) noise and/or vibration. Measures to control 15091(a), the Town of Los Gatos hereby directs that this mitigation construction noise and address potential complaints shall be proposed and called out in measure be adopted. The Town of Los Gatos, therefore, finds that site plans and/or building plans: changes or alterations have been required in, or incorporated into, the project that avoid the significant environmental effect as identified in -, Consistent with the Town Code, the EIR. construction activities, which are authorized by a Explanation: valid Town permit or as otherwise allowed by Town permit, shall be limited to the hours of 8:00 The project could result in temporary increases in noise levels. a.m. to 8:00 p.m. weekdays, and 9:00 a.m. to 7:00 Construction of the proposed project would result in high temporary p.m. weekends and holidays if they meet at least noise levels, which could have a significant effect if construction one of the following noise limitations: occurs near sensitive receptors (existing and future residences and businesses). Implementation of Mitigation Measure NOI -8 would No individual piece of reduce this impact to a less- than - significant level because it requires equipment shall produce a noise level exceeding future developments to include measures to control construction noise eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on the and address potential complaints. (DEIR, pp. 3 -166 to 3 -168.) property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible. • The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. Locate stationary and mobile noise eneratin e ui ment as far as ossible from Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Town of Los Gatos - CEQA Findings for the North Forty Specific Plan c antantially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 28 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Level of Environmental Impact (Significance Before Mitigation Measures Significance with Findings of Fact Mitigation) Mitigation sensitive receptors. Staging areas shall not be located adjacent to sensitive receptors, such as residences. Conduct a pre - construction meeting with nearby sensitive receptors to outline the construction schedule and what types of noises with will hear. Post construction schedules outside the construction site. Designate a point of contact that will be responsible for responding to complaints about noise during construction. Develop a process to respond to and address complaints. Submit a vibration study identifying the nearest sensitive receivers, construction activity, and mitigation measures as needed. Impact 3.11 -5: Aircraft None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than Noise (No Impact) significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -168.) Impact 3.11 -6: Conflict None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are with Plan Adopted for significant. required for impacts that are less than significant. (Pub. Resources Environmental Purposes Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; (LTS) DEIR, pp 3-168 to 3-169.) Impact 3.12 -1: Induce None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than Population Growth (No significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ Impact) 15126.4, subd (a)(3), 15091; DEIR, p. 3 -183.) Impact 3 -12 -2: None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are require for impacts that are less than significant. Pub. Resources Displacement of Housing c antantially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 28 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact Level of (Significance Before Mitigation Measures g Significance Findings of Fact Mitigation) With Mitigation or People (LTS) significant. Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3),15091; DEIR, p. 3.183.) Impact 3.12 -3: New or None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are Altered Schools (LTS) significant, required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, pp. 3 -184 to 3 -186.) Impact 3.12 -4: New or None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are Altered Parks or significant. required for impacts that are less than significant. (Pub. Resources Recreational Facilities Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; (LTS) DEIR, pp. 3 -186 to 3 -187.) Impact 3.12 -5: None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are Deterioration of significant. required for impacts that are less than significant. (Pub. Resources Recreational Facilities Code, § 21002; CEQA Guidelines, §§ 15126.4, subd (a)(3), 15091; (LTS) DEIR, p. 3 -187.) Impact 3.12 -6: New or None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Altered Fire Department required where there are no impacts or for impacts that are less than Facilities (No Impact) significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -187.) Impact 3.12 -7: New or None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Altered Police Department required where there are no impacts or for impacts that are less than Facilities (No Impact) significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, pp. 3 -187 to 3 -188.) Impact 3 -12 -5: New or None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Altered Public Facilities required where there are no impacts or for impacts that are less than (No Impact) significant. g (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd (a)(3), 15091; DEIR, p. 3 -188.) Impact 3.12 -9: Consistent None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are with Plan Adopted for required where there are no impacts or for impacts that are less than Environmental Purposes si nificant. Pub. Resources Code, ' 21002; CEQA Guidelines, §' Significant = S Potentially Significant = PS than Significant =LTS _ Significant and Unavoidable= SU 29 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Mitigation Findings of Fact (No Impact) 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -188.) M 3 l`#- St1'..fltlii.wBAkc , i t .- 1 , y 4, t- S t ,- yr '3,e Impact 3.13 -1: Conflict TR -1: The following intersection improvements LTS Finding: Implementation of Mitigation Measures TR -1, TR -2, and with Measure of shall be completed at the Los Gatos TR -3 will reduce this impact to a less than significant level. Pursuant Effectiveness- Streets Boulevard /Samaritan Drive /Burton Road to Public Resources Code Section 21081(a) and CEQA Guidelines Level of Service (PS) intersection by the first project developer within Section 15091(a), the Town of Los Gatos hereby directs that this the Northern District of the Plan Area. mitigation measure be adopted. The Town of Los Gatos, therefore, finds that changes or alterations have been required in, or incorporated existing a. conversion of the existing eastbound conversion into, the project that avoid the significant environmental effect as lane on Burton Road to a sum lane; identified in the EIR. b. addition of one dedicated eastbound left Explanation: turn lane and one eastbound right turn lane on Burton Road at Los Gatos Boulevard (including When project traffic is added to background conditions (existing widening Burton Road for about 200 feet west traffic plus traffic from 16 approved but not yet built or occupied from Los Gatos Boulevard). projects), level of service (LOS) would degrade to an unacceptable level at two intersections, and delays would increase at a third right-of-way In the event that the necessary right -of- -way for intersection that already operates at unacceptable levels of service. At Burton Road widening cannot obtained prior the Los Gatos Boulevard/Samaritan Drive intersection, level of to initial development within the Northern service would degrade from LOS D+ to LOS F during the PM peak District, an alternative access street shall be period. At the Los Gatos Boulevard/Lark Avenue intersection level of completed and supplemental traffic analyses shall service would degrade from LOS D- to LOS E during the AM peak e be conducted to demonstrate that adequate period. At the Los Gatos Boulevard/Lark Avenue intersection, level of ingress and egress can be provided other service would degrade from LOS D to LOS E+ (development scenario routes within the Plan Area. A) or LOS E (development scenario B) during the PM peak period. TR -2: The following off -site intersection Implementation of Mitigation Measures TR -I and TR -2 would reduce improvements shall be completed at the Los this impact to a less -than- significant level by constructing street Gatos Boulevard /Lark Avenue intersection by the improvements to increase level of service to LOS D or better at the first project developer: listed intersections. (DEIR, pp. 3 -213 to 3 -222; Final FIR, p. 4 -6.) a. addition of a third eastbound left turn lane on Lark Avenue; b. addition of third northbound left turn lane on Los Gatos Boulevard; C. addition of a third westbound lane on Significant = S Potentially Significant = PS Less than Significant = LTS _ Significant and Unavoidable= SU Town of Los Gatos - CEOA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance with Miti ation Findings of Fact g Lark Avenue from Los Gatos Boulevard to the intersection of State Route 17 northbound ramps to the Los Gatos Boulevard /Lark Avenue intersection, which will operate as a second right turn lane east of the State Route 17 northbound ramps /Lark Avenue intersection and to operate as a through -right lane east of the Highland Oaks Drive /Lark Avenue intersection; and d. modification and re- striping of intersection and restriction of parking as needed. TR -3: Applicants for development or redevelopment projects within the Northern District shall pay a pro -rata share of improvements at the Samaritan Drive/National Avenue intersection or other improvement related to relieving congestion at the Samaritan Drive/National Avenue intersection. Improvements could include, but are not limited to, lane or traffic control improvements to the Samaritan Drive/National Avenue intersection and/or signalization of the Samaritan Drive /Samaritan Court intersection. Pro -rata share shall be based on percent of project trips, per distribution patterns in the North 40 Transportation Impact Analysis, as a share of total trips within the intersection. Fees shall be paid to the City of San Jose prior to issuance of building permits. The applicant shall pay the pro - rata share of improvement as determined by the Town of Los Gatos and City of San Jose. If a specific improvement project has not been identified, the fee shall be based on pro -rata share of a traffic signal, and shall be proportionally refundable if a less expensive project is ---- - - - -- - - - --- - -- Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable = SU 31 - Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 32 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Level of Environmental Impact (Significance Before Mitigation Measures Significance With Findings of Fact g Mitigation) Mitigation developed. Impact 3.13 -2: Conflict TRA -8. Prior to issuance of each building permit, SU Finding nd Explanation: xplanation: Implementation of Mitigation Measures TR- with Measure of the building applicant shall submit a 8 could reduce the severity of this impact, but not to a less than Effectiveness- Highways transportation development impact fee to the significant level. Pursuant to Public Resources Code Section Level of Service (S) Santa Clara Valley Transportation Authority for 21081(a) and CEQA Guidelines Section 15091(a), the Town of Los the purpose of off - setting the cost of operational Gatos hereby directs that this mitigation measure be adopted. The improvements on southbound State Route 85 Town of Los Gatos, therefore, finds that changes or alterations have between Winchester Boulevard and State Route been required in, or incorporated into, the project that reduce the 17 ( "affected segment "). The fee shall be severity of the significant environmental effect as identified in the negotiated between the developers and the Santa FIR, but not to a less than significant level. Clara Valley Transportation Authority, based on The project would result in significant and unavoidable impacts on a the number of project trips that exceed one highway segment during the PM peak period. With both development percent of project trips on the affected segment scenarios (A and B), project- generated traffic would exceed one (the significance threshold), and based on the percent of capacity on the southbound State Route 85 mixed flow proportionate number of trips projected for the lanes from Winchester Boulevard to State Route 17. This segment subject building(s) in accordance with the North currently operates at acceptable LOS E. (Fehr and Peers 2014, Table Forty Traffic Impact Analysis. The project cost to 15). This would be a significant environmental impact. The which the share of responsibility shall be applied transportation impact analysis does not propose mitigation to address shall be determined by the Santa Clara Valley adverse freeway segment effects. (DEIR, pp. 3 -222 to 3 -223; Final Transportation Authority for the affected FIR, p. 4 -6.) But the EIR notes that if the State Route 85 high segment. occupancy /toll lanes are implemented by Caltrans, the proposed project's impacts would be reduced to a less- than - significant level. (DEIR, p. 3 -223.) Impact 3.13 -3: Conflict None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are with Measure of significant. required for impacts that are less than significant. (Pub. Resources Effectiveness- Highway Code, § 21002; CEQA Guidelines, §§ 15126.4, solid. (a)(3),15091; Ramps and Construction DEIR, pp. 3 -223 to 3 -225.) Traffic (LTS) Impact 3.13 -4: Conflict TR-4: The developer(s) shall work with the Town LTS Finding: Implementation of Mitigation Measures TR-4 and TR -5 will with Measure of and Santa Clara Valley Transportation Authority reduce this impact to a less than significant level. Pursuant to Public Effectiveness- Transit (PS) regarding the provision of a shuttle service or Resources Code Section 21081(a) and CEQA Guidelines Section regularly scheduled direct bus route service to the 15091 (a), the Town of Los Gatos hereby directs that this miti ation Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 32 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Mid ation Findings of Fact g Vasona light rail station, to be in service concurrent with commencement measure be adopted. The Town of Los Gatos, therefore, finds that of revenue service on the Vasona light rail extension. changes or alterations have been required in, or incorporated into, the project that avoid the significant environmental effect as identified in TR -5: The developer(s) shall work with the Town the EIR. and Santa Clara Valley Transportation Authority, Explanation: and other agencies to ensure that the Plan Area is developed in a manner that takes full advantage The Plan Area is immediately adjacent to several transit lines, with of the transit opportunities afforded by the Route 49 currently providing service to the Winchester light rail Vasona Light Rail. station located about 2.5 miles from the Plan Area. The 2020 General Plan includes policies addressing transit provisions to connect the Plan Area to the Vasona light rail station located slightly more than one mile from the Plan Area. The Specific Plan does not include policies to facilitate Vasona light rail transit connections, nor does it include policies to reserve appropriate transit stops within the Plan Area. Implementation of Mitigation Measures TR -4 and TR -5 would reduce this impact to a less- than - significant level because it requires the developer to work with the Town and Santa Clara Valley Transportation Authority to provide for a shuttle service or regularly scheduled direct bus route service to the Vasona light rail station. (DEIR, pp. 3 -225 to 3 -227.) Impact 3.13 -5a: Conflict with Measure of TR -6: Development within the Lark District near the intersection of Lark Avenue and Los Gatos LTS plementation of Mitigation Measure TR -6 will reduce t his Effectiveness- Bicycles and Pedestrians- Boulevard shall provide a direct less than significant level. Pursuant to Public Resources on 21081(a) and CEQA Guidelines Section 15091(a), the 7aa Safe Routes to Schools (PS) pedestrian/bicycle access between residential os Gatos hereby directs that this mitigation measure be areas and the intersection of Los Gatos Boulevard and Lark Avenue. he Town of Los Gatos, therefore, finds Chat changes or have been required in, or incorporated into, the project that avoid the significant environmental effect as identified in the EIR. Explanation: Elementary and middle school students living in the proposed project's Lark District would attend Louise Van Meter School and Fisher Middle School, located about one and one - quarter to one and one -half miles to the south of the Plan Area. The most direct route to these schools is via Los Gatos Boulevard. The primary impediment to use of Los Gatos Boulevard is the high volume of traffic and two sections with substandard sidewalks between the Plan Area and the aignincancz> Potentially. Significant = PS Less than Significant = LTS Significant and Unavoidable= Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 34 Town of Los Gatos - CEGA Findings for the North Forty Specific Plan Level of Environmental Impact (Significance Before Mitigation Measures Significance Witb Findings of Fact Mitigation) Mitigation schools. The Specific Plan does not include any policies assuring that a direct pedestrian access to the Lark Avenue/ Lost Gatos Boulevard intersection would be provided. Implementation of Mitigation Measure TR -6 would reduce this impact to a less -than- significant lvel by requiring development within the Lark District to provide a direct pedestrian/bicycle access between residential areas and the intersection of Los Gatos Boulevard and Lark Avenue. (DEIR, pp. 3- 227 to 3 -228.) Impact 3.13 -5b: Conflict None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are with Measure of significant. required for impacts that are less than significant. (Pub. Resources Effectiveness- Bicycles and Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; Pedestrians- Lark Avenue DEIR, p. 3 -228.) Bicycle Lanes and Countywide Bicycle Route I6B (LTS) Impact 3.13 -6: Conflict No feasible mitigation measures are proposed. SU Finding and Explanation: The changes or alterations that would with Congestion See notes in Impact 3.13 -2 above. reduce this impact to a.less- than - significant level are within the Management Program- responsibility and jurisdiction of another public agency and not the Highway Segments (S) Town of Los Gatos. Such changes can and should be adopted by that other agency. The project would result in significant and unavoidable impacts on operations of one Congestion Management Program highway segment during the PM peak period. With development scenario B, project - generated traffic would exceed one percent of capacity on the mixed flow lanes of the segment of southbound State Route 85 from Winchester Boulevard to State Route 17. The transportation impact analysis does not present mitigation to address the significant impacts on freeway segments. No mitigation is feasible because improvements necessary to address increased delays on state highways would be under the jurisdiction of Caltrans. (DEIR, p. 323.) But the EIR notes that if the State Route 85 high occupancy /toll lanes are implemented by Caltrans, the proposed project's impacts would be reduced to a less- than- significant level. (DEIR, p. 3 -229.) Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU 34 Town of Los Gatos - CEGA Findings for the North Forty Specific Plan Environmental Impact Level of (Significance Before Mitigation Measures Significance Findings of Fact Mitigation) With g Mid ation Impact 3.13 -7: Hazardous Design or Incompatibility TR -7: Either bicycle lanes or sharrows (shared lane markings) shall be provided on A Street LTS Findin: Implementation of Mitigation Measure TR -7 will reduce this (S) between Los Gatos Boulevard and Lark Avenue. impact to a less than significant level. Pursuant to Public Resources Code Section 21081(a) and CEQA Guidelines Section 15091(a), the The speed limit shall be no greater than 30 miles Town of Los Gatos hereby directs that this mitigation measure be per hour, and Bikes May Use Full Lane signs (Caltrans sign R4 -11) shall be placed on streets adopted. The Town of Los Gatos, therefore, finds that changes or marked with sharrows. alterations have been required in, or incorporated into, the project that avoid the significant environmental effect as identified in the EIR. Explanation: The Specific Plan provides street cross sections for three types of streets within the Plan Area: A Street, Neighborhood Street, and residential streets. The proposed street configurations conflict with the guidance of the Bicycle Technical Guidelines. This is a significant impact. Implementation of Mitigation Measure TR -7 would reduce this impact to a less -than- significant level by requiring either bicycle lanes or sharrows on the "A Street' cross section between Los Gatos Boulevard and Lark Avenue. (DEIR, pp. 3 -229 to 3 -330.) Impact 3.13 -8: Emergency Access (No Impact) None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, pp. 3 -230 to 3 -231.) Impact 3.13 -9: Safety Risks from Change in Air None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Traffic c Patterns (No equired where there are no impacts or for impacts that are less than Impact) significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -231.) Impact 3.13 -10: Conflict with Transit, Bicycle, or None required. This impact is less than significant. LTS Finding and Explanation: Under CEQA, no mitigation measures are Pedestrian Planning or Use required for impacts that are less than significant. (Pub. Resources (LTS) Code, § 21002; CEQA Guidelines, §§ 15 126.4, subd. (a)(3),15091; DEIR, pp. 3 -231 to 3 -232.) Impact 3.13 -11: General Plan Inconsistency (PS) TR -1 to TR -6 (see above) LTS Finding: Implementation of Mitigation Measures TR -1 to TR -6 will reduce this impact to a less than significant level. Pursuant to Public Resources Code Section 21081 a and CEQA Guidelines Section Significant = S Potentially Significant = PS Less than Significant =LTS Significant and Unavoidable = SU 35 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU _ Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Level of Environmental Impact Significance Findings of Fact (Significance Before Mitigation Measures With Mitigation) Mitigation_ 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 FIR. Explanation: Several inconsistencies with the 2020 General Plan policies are identified in the discussions under the Measures of Effectiveness headings of the Transportation and Traffic section of the Draft EIR. The mitigation measures presented for Impacts 3.13 -1 to 3.13 -6 would eliminate inconsistencies with the 2020 General Plan. (DEIR, p. 3- 232.) � S i� FnC4.2 S �� ° x"=,y? ERMINE',"' 4V; ..o.. s.,'t, :1.t .2— ra ,xt Impact 3.14 -1: Adequate None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are significant. required for impacts that are less than significant. (Pub. Resources P q Wastewater Treatment Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; (LTS) DEIR, p. 3 -246.) Impact 3.14 -2: Sufficient None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are required where there are no impacts or for impacts that are less than Water Availability (No significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ Impact) 15126.4, subd. (a)(3), 15091; DEIR, pp. 3 -246 to 3 -248.) Impact 3.14 -3a: New or HAZ -1 (see above) LTS Finding: Implementation of Mitigation Measure HAZ -1 will reduce Expanded Utilities this impact to a less than significant level. Pursuant to Public Facilities -Water Facilities Resources Code Section 21081(a) and CEQA Guidelines Section 15091(a), the Town of Los Gatos hereby directs that this mitigation (PS) 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: Significant = S Potentially Significant = PS Less than Significant = LTS Significant and Unavoidable= SU _ Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact Level of (Significance Before Mitigation Measures g Significance Findings of Fact Mitigation) With mitigation (DEIR, p. 3 -248.) Impact 3.14 -3b: New or See mitigation measures in the Air Quality and LTS Finding: Implementation of Mitigation Measures in the Air Quality Expanded Utilities Noise sections above. and Noise sections above will reduce this impact to a less than Facilities- Storm Water Facilities (PS) significant level. Pursuant to Public Resources Code Section 2108Ila) and CEQA Guidelines Section 1509l(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 would require the construction of off -site storm water facilities to complete facilities (a pipe beneath State Route 17 and a discharge at Los Gatos Creek) that were partially constructed when the State Route 85 freeway was constructed. Gaps remain that require connecting pipes at locations outside of the Plan Area. Potentially significant air and noise impacts could occur during construction of this pipeline connection. Implementation of mitigation measures in the Air Quality and Noise sections would reduce these impacts to less - than- significant levels. Therefore, although the project would require the construction of new storm water facilities, this construction would not cause significant environmental effects. (DEIR, pp. 3 -248 to 3- 249.) Impact 3.14 -4: Sufficient None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Landfill Capacity (No required where there are no impacts or for impacts that are less than Impact) significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -249.) Impact 3.14 -5: Consistent None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are with Solid Waste required where there are no impacts or for impacts that are less than Regulations (No Impact) significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, sand. (a)(3), 15091; DEIR, p. 3 -249.) Impact 3.14 -6: Consistent None required. There is no impact. No Impact Finding and Explanation: Under CEQA, no mitigation measures are Significant = S Potentially Significant = PS - Less than Significant = LTS Significant and Unavoidable= SU 37 Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Significant = S Potentially Significant =_PS _ Less than Significant = LTS Significant and Unavoidable= SU Tom of Los Gatos - CEQA Findings for the North Forty Specific Plan Level of Environmental Impact Significance (Significance Before Mitigation Measures With Findings of Fact Mitigation) Mitigation with Plan Adopted for required where there are no impacts or for impacts that are less than Environmental Purposes significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ (No Impact) 15126.4, subd. (a)(3), 15091; DEIR, p. 3 -250.) Impact 3.14 -7: Wasteful See mitigation measures in Air Quality, and LTS Findin : Implementation of Mitigation Measures in the Air Quality, Use of Fuel, Water, or Transportation and Traffic sections above. and Transportation and Traffic sections above will reduce this impact Energy (PS) 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 was designed to ensure the efficient use of energy and fuel. For example, the project's mixed -use design is intended to reduce vehicular trips by placing commercial and residential uses in close proximity. The traffic impact analysis provides a 30 percent reduction in trips credit as a result of the mixed use arrangement. Additionally, the proposed project is not expected to include any uses that would consume unusually large quantities of water or energy. Landscaping would cover a minimum of 20 percent of the Plan Area, but its irrigation is subject to the provisions of the recently adopted update to the California Model Water Efficient Landscape Ordinance, so water use would be minimized. Mitigation measures in the Air Quality, and Transportation and Traffic sections would further reduce the use of energy and fuel. Therefore, with mitigation, this impact is less than significant because the project would not encourage activities that use large amounts of fuel, water, or energy in a wasteful manner. (DEIR, p. 3 -250.) A LIE ±M:�NY8IIII.F Y L C S —t L ?' i 1 AYS'o6. i _ Impact CUM -TR: CUM -TR -1: Project developers shall pay a pro- LTS Finding: Implementation of Mitigation Measures CUM -TR -I and Cumulative Impacts to rata share towards the construction of the CUM -TR -2 will reduce this impact to a less than significant level. Highways and Streets (S) following off -site intersection improvement at the Pursuant to Public Resources Code Section 21081(a) and CEQA Significant = S Potentially Significant =_PS _ Less than Significant = LTS Significant and Unavoidable= SU Tom of Los Gatos - CEQA Findings for the North Forty Specific Plan Environmental Impact (Significance Before Mitigation) Mitigation Measures Level of Significance With Miti anon Findings of Fact Guidelines Section 15091(a), the Town of Los Gatos hereby directs Lark Avenue /southbound State Route 17 onramps intersection. that this mitigation measure be adopted. The Town of Los Gatos, a. Reconfiguration of the eastbound lanes therefore, finds that changes or alterations have been required in, or on Lark Avenue to convert the existing right -turn incorporated into, the project that avoid the significant environmental only lane to a shared through/right turn lane, with effect as identified in the EIR. the following final configuration: one left turn lane (onto State Route 17) two through lanes, and Explanation: one shared through/right turn lane at Garden Hill The 2020 General Plan EIR concluded that build -out of the 2020 Drive. General Plan would result in significant and unavoidable impacts associated with transportation and circulation, because mechanisms are not currently in place to fund all of the required improvements. CUM -TR -2: The following signal light The Town assesses a development impact fee for transportation adjustments shall be completed no later than the infrastructure improvements, and other funding sources are allocated occupancy of 50 percent of the retail square for projects by the VTA, but funding does not address all of the footage. current and future transportation needs within the Town. a. Increase cycle length and associated The transportation impact analysis included two cumulative list green time to accommodate the increase in scenarios: the first list with pending development projects within the traffic. Town and the City of San Jose, and the second list adding potential housing developments in the Town's affordable housing overlay zone and the Dell Avenue Area Plan in the City of Campbell. Under the cumulative plus project scenarios (development scenarios A or B), four intersections would experience unacceptable level sof service and/or significant delays: State Route 17 southbound ramps / Lark Avenue, Los Gatos Boulevard/ Samaritan Drive, National Avenue/ Samaritan Drive, and Los Gatos Boulevard/ Lark Avenue. These are cumulatively considerable transportation impacts. Implementation of Mitigation Measure TR -1 would provide the required lane geometry to accommodate traffic at the Los Gatos Boulevard/ Samaritan Drive intersection under the cumulative plus project scenario. However signal timing adjustments would be required. Implementation of Mitigation Measure TR -2 would reduce impacts at the Los Gatos Boulevard / Lark Avenue intersection under the cumulative plus project scenario, and no additional mitigation would be required for this intersection. Implementation of Mitigation Measures CUM -TR -1 and CUM -TR -2 would reduce the some of the remaining cumulative impacts to less- than - significant l"A. NP Significant = S Potentially Significant = PS Less 39 = LTS Significant and Unavoidable= Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Significant = S Potentially Significant = PS Less than Significant = LTS - Significant and Unavoidable= SU_ Town of Los Gatos - CEQA Findings for the North Forty Specific Plan Level of Environmental Impact (Significance Before Mitigation Measures Significance With Findings of Fact Mitigation) Mitigation they require the developers to pay a pro -rata share towards the construction of intersection improvement at the Lark Avenue/ southbound State Route 17 onramps intersection, and to adjust the timing of signal lights. Finally, traffic impacts at the National Ave/ Samaritan Drive intersection would be reduced to less- than - significant levels with the implementation of Mitigation Measure TR -3. (DEIR, pp. 3 -221, 4 -9 to 4 -12; Final EIR, p. 4 -8.) Significant = S Potentially Significant = PS Less than Significant = LTS - Significant and Unavoidable= SU_ Town of Los Gatos - CEQA Findings for the North Forty Specific Plan