Agenda packet — Los Altos City Council, September 20, 2022 (part 1 of 11)

CITY COUNCIL MEETING
(AMENDED 9/15/22)
AGENDA
7:00 PM - Tuesday, September 20, 2022
via Teleconference
Please Note: Per California Executive Order N-29-20, the City Council will meet via Telephone/Video Conference Only.

Telephone: 1-669-444-9171 / Webinar ID: 874 0755 2553
https://losaltosca-gov.zoom.us/j/87407552553?pwd=KytZVlhFYkVHRkhMOFJSUytuVS9HUT09 Passcode: 139953
TO PARTICIPATE VIA VIDEO: Follow the link above. Members of the public will need to have a working microphone on their device and must have the latest version of ZOOM installed (available at https://zoom.us/download). To request to speak, please use the “Raise hand” feature located at the bottom of the screen.

TO PARTICPATE VIA TELEPHONE: Members of the public may also participate via telephone by calling the number listed above. To request to speak, press *9 on your telephone.

TO SUBMIT WRITTEN COMMENTS: Prior to the meeting, comments on matters listed on the agenda may be emailed to [email protected]. Emails sent to this email address are sent to/received immediately by the City Council. Please include a subject line in the following format:

PUBLIC COMMENT AGENDA ITEM ## - MEETING DATE
Correspondence submitted in hard copy/paper must be received by 2:00 PM on the day of the meeting to ensure distribution prior to the meeting. Correspondence received prior to the meeting will be included in the public record. .

Public testimony will be taken at the direction of the Mayor, and members of the public may only comment during times allotted for public comments.

AGENDA

CALL MEETING TO ORDER

ESTABLISH QUORUM

PLEDGE ALLEGIANCE TO THE FLAG

REPORT ON CLOSED SESSION

CHANGES TO THE ORDER OF THE AGENDA
1 9/20/2022 CITY COUNCIL MEETING (AMENDED 9/15/22) AGENDA Page 2 of 4

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Members of the audience may bring to the Council's attention any item that is not on the agenda. Speakers are generally given two or three minutes, at the discretion of the Mayor. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during the Public Comment Period. According to State Law (also known as “The Brown Act”) items must first be noted on the agenda before any discussion or action.

1. Submitted Public Comments

CONSENT CALENDAR
These items will be considered by one motion unless any member of the Council or audience wishes to remove an item for discussion. Any item removed from the Consent Calendar for discussion will be handled at the discretion of the Mayor.

2. Solid Waste Disposal and Recycling Agreement: Authorize the City Manager to execute the New Agreement on behalf of the City with International Disposal Corporation of California, Inc for recycling and disposal of the City’s solid waste ( A. Fairman)

3. Construction Contract Award: Award Annual Street Resurfacing and City Alley Resurfacing Project (TS-01001, TS-01004, and TS-01009) (M. Loatfi)

4. Emergency Declaration Resolution: Adopt a resolution extending the declaration of a local emergency due to the COVID-19 pandemic (J. Maginot)

5. Approve Amendment No. 1 to the Professional Services Agreement with Freyer & Laureta, Inc.: Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Freyer & Laureta, Inc. in the amount not-to-exceed of $31,150 for construction inspection services for the CIPP Corrosion Rehabilitation, Project WW-01005, for a total contract amount of $182,250 and find that the approval of the amendment is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (T. Nguyen)

6. Approve Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement: Authorize the City Manager to execute Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement between the cities of Palo Alto, Mountain View, and Los Altos to fund rehabilitation and upgrade of the secondary treatment system and to increase the financing of the primary sedimentation tank rehabilitation project (T. Nguyen)

7. Minutes: Approve Minutes of the City Council Regular Meeting of August 23, 2022. (A.

Rodriguez)

8. Minutes: Approve Minutes of the City Council Special Meeting of August 30, 2022. (A.

Rodriguez)

9. Minutes: Approve Minutes of the City Council Regular Meeting of September 6, 2022. (A.

Rodriguez)

PUBLIC HEARINGS
2 9/20/2022 CITY COUNCIL MEETING (AMENDED 9/15/22) AGENDA Page 3 of 4

10. 330 Distel Circle Multiple Family Affordable Housing Development Project: Consider finding the project exempt from environmental review under Section 15332 (Class 32) of the California Environmental Quality Act (CEQA), and consider approval of the Design Review Permit and Conditional Use Permit for a 90-unit multiple family residential affordable rental housing development project at 330 Distel Circle (Application Nos. D22-0002 and CUP22-0001) (R. Hayagreev)

DISCUSSION ITEMS

11. AB 481 Military Equipment Use Policy

12. Commission Appointments: Consider Commission applications and make appointments as appropriate (A. Rodriguez)

13. City of Los Altos Non-Profit and Civic Organization Contributions Policy: Adopt Resolution 2022-XX of the City of Los Altos defining a Non-Profit and Civic Organization Contributions Policy (A. Carneseca)

14. Updated License Agreement with SFPUC for Hetch Hetchy Trail in Los Altos: Approve the updated License Agreement with SFPUC for Hetch Hetchy Trail in Los Altos; find that the approval of the agreement is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) (M. Hernandez)

INFORMATIONAL ITEMS ONLY

15. 2021 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) Annual Report (FY22 - Year 1)

16. Informational memo establishing a policy and process for formal outreach and engagement by City Commissioners and Committee Members

17. Tentative Council Calendar

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS

ADJOURNMENT
(Council Norms: It will be the custom to have a recess at approximately 9:00 p.m. Prior to the recess, the Mayor shall announce whether any items will be carried over to the next meeting. The established hour after which no new items will be started is 11:00 p.m. Remaining items, however, may be considered by consensus of the Council.)

SPECIAL NOTICES TO THE PUBLIC
In compliance with the Americans with Disabilities Act, the City of Los Altos will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (650) 947-2610. 3 9/20/2022 CITY COUNCIL MEETING (AMENDED 9/15/22) AGENDA Page 4 of 4 Agendas Staff Reports and some associated documents for City Council items may be viewed on the Internet at http://www.losaltosca.gov/citycouncil/online/index.html.

All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, and that are distributed to a majority of the legislative body, will be available for public inspection at the Office of the City Clerk’s Office, City of Los Altos, located at One North San Antonio Road, Los Altos, California at the same time that the public records are distributed or made available to the legislative body.

If you wish to provide written materials, please provide the City Clerk with 10 copies of any document that you would like to submit to the City Council for the public record. 4 PUBLIC CORRESPONDENCE

The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
5 Agenda Item # 1.

From: Gabriel Engeland
To: Public Comment
Subject: Fw: Reach Codes Regarding Electrification and Natural Gas Date: Monday, September 12, 2022 5:41:28 PM
Thanks,
Gabe
Gabriel Engeland
City Manager
City of Los Altos
(650) 947-2740 | www.losaltosca.gov
From: lothar kleiner
Sent: Monday, September 12, 2022 4:41 PM
To: City Council <[email protected]>
Subject: Reach Codes Regarding Electrification and Natural Gas Dear Council Members,
Regarding the mandates that are coming for electrification of homes and phase out of natural gas, have you put into consideration: “then what?” We all know how fragile the CA electric power grid is, so if there is a hot spell or a freezing spell, demand for power will go up and the probability of rolling black outs will be high. Therefore:

1. No AC, if too hot or heat, if too cold; seniors will suffer the most

2. No charging of EVs for transportation to job or urgent care emergencies

3. No backup generators that run on natural gas

4. No refrigerator - spoiled food
These are a few and probably many more. Consider that natural gas is a clean fuel that emits only water and carbon dioxide (which is a plant fertilizer) during combustion. The rise in carbon dioxide has caused our planet to green. It is also sustainable if derived from plants and animal waste. The vast mineral mining operations required for so called green energy (lithium, rare earth metals, nickel, etc) have destroyed the environment where it is done, mainly in China, Chile, Democratic Republic of Congo (think child labor), Australia and Russia because the footprint for getting these resources is very high as opposed to the small footprint for harvesting natural gas.

Please think this policy through carefully. I do believe in climate change because that represents the history of our planet. I also believe in being good stewards and not polluting. I 6 Agenda Item # 1.
am a scientist who has studied the science for many years. I absolutely will not knowingly post anything that is incorrect.

With deep respect for your position. Thank you for reading this and I welcome any questions that you may have either in person or via e-mail.

Lothar Kleiner, Ph.D.
7 Agenda Item # 1.

From: Carmen Colet
To: Public Comment
Subject: I do not support GAS BAN. Thank you!
Date: Monday, September 12, 2022 5:38:09 PM
This is late because I just returned from my vacation.

Carmen Colet
11630 Jessica Lane
8 Agenda Item # 1.

From: Val Arnesen
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM 4 – September 6, 2022 Date: Monday, September 12, 2022 4:04:04 PM
Dear Members of the City Council,
I oppose a total ban on use of gas in homes.

I also object to the city adopting restrictions stricter than that mandated by the State of California.

These requirements may cause residents to incur significant additional costs, including cabinet/millwork modifications and upgrading of electrical panels.

How about instead providing incentives to promote voluntary switching to gas appliances? Thank you,
Valarie Arnesen (Resident of Los Altos)
9 Agenda Item # 1.

From: Zane
To: Public Comment
Subject: Do not ban natural gas
Date: Monday, September 12, 2022 4:04:01 PM
This will not help reduce global warming at all. Stop your non sense. zane morris
575 Tyndall St unit 7
Los Altos, ca
10 Agenda Item # 1.
11 Agenda Item # 1.

From: Ron Stefani
To: Public Comment
Subject: Gas Ban
Date: Monday, September 5, 2022 9:32:15 AM
We are residents of Los Altos and Do Not Support the proposed gas ban. Thank you.

Ron and Jane Stefani
12 Agenda Item # 1.

From: [email protected]
To: Public Comment
Subject: [SPAM] PUBLIC COMMENT AGENDA ITEM 4 – September 6, 2022 Date: Tuesday, September 6, 2022 2:21:52 PM
Importance: High
I am a resident and home owner in Los Altos since 1967. I STRONGLY oppose any gas bans which are more stringent
than those passed by Sacramento.

Hank Gauthier
1359 Chelsea Dr, Los Altos
13 Agenda Item # 1.

PUBLIC CORRESPONDENCE

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
14 Agenda Item # 1.

From: Brenda
To: City Council; Public Comment
Subject: Local leaders urge your support CA Prop 1 (2022) Date: Saturday, September 17, 2022 3:33:54 PM
Attachments: Support CA Proposition 1 (2022) (3).pdf
Public Comment--Not on the agenda
September 17, 2022
Dear Councilmembers,
For over half a century in California, we have had the legal right to make decisions about our reproductive health care, including whether to continue a pregnancy or have an abortion, and whether to choose or refuse contraceptives, based on our personal life circumstances, beliefs, and health concerns. These are among the most private, consequential, and complex decisions we make in our lives.

Physicians and other health care providers have also had legal protection to serve our reproductive health needs without being prosecuted or second-guessed by unqualified, unaffected, and often politically motivated forces.

This year, the Supreme Court of the United States, in “Dobbs v. Jackson Women’s Health Organization”, removed the federal protection of Roe v. Wade and left it to each state to determine whether we will retain, or lose, these fundamental reproductive rights.

As a result, individuals, organizations, and government entities all over California are joining together to support Proposition 1, “Right to Reproductive Freedom Amendment (2022)”, which would protect these rights in our state.

Prop 1 is just three sentences:
"SEC. 1.1. The state shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives. This section is intended to further the constitutional right to privacy guaranteed by Section 1, and the constitutional right to not be denied equal protection guaranteed by Section 7. Nothing herein narrows or limits the right to privacy or equal protection.[4]" Since 1879, California’s constitution has been amended over 500 times. There have been few cases where the need for a state constitutional amendment has been so clear, so urgent, and so widely supported as with Proposition 1.

The bill to put Proposition 1 on our November ballot passed with overwhelming majorities in our state legislature, and is supported by the California Medical Association, the League of Women Voters, and the Santa Clara County Board of Supervisors, among many others.

As the tragic real-life consequences of the Supreme Court decision become clear in headlines across our country, it is up to us to protect the right of all Californians to make decisions about their reproductive lives, in private, based on their own beliefs and circumstances, and with the guidance of health care professionals who are able to practice to the highest ethical standards of care.

We urge the City of Los Altos to join us in supporting Proposition 1 “Right to Reproductive Freedom Amendment (2022)”.

Sincerely,
Los Altos Women’s Caucus
Los Altos Mountain View Community Foundation
Los Altos/Mountain View Chapter, American Association of University Women Los Altos Community Voices
15 Agenda Item # 1.

September 19, 2022
Dear Mayor Enander, Vice-Mayor Meadows and members of the Los Altos City Council, On behalf of Los Altos Community Voices (LACV) we extend our thanks and appreciation for your unanimous vote at the Council meeting of September 6, approving the housing development at the corner of El Camino Real and Los Altos Avenue. The 47-unit project will bring seven much needed affordable units to our city.

Robin Abrams, Curtis Cole, Kim Cranston, Bill Sheppard, Marie Young LACV Steering Committee
16 Agenda Item # 1.

Reviewed By:

City Manager City Attorney
GE
Interim Finance Director
JH SN

AGENDA REPORT SUMMARY
Meeting Date: September 20, 2022
Subject: Solid Waste Disposal and Recycling Agreement
Prepared by: R3 Consulting, Inc.

Reviewed by: Aida Fairman, Environmental Services and Utilities Department Director James Sandoval, Public Works Director
Approved by: Gabriel Engeland, City Manager
Attachments:

1. Solid Waste Disposal Agreement with International Disposal Corp. Of California, Inc. (New Agreement)
A. Resolution Authorizing the City Manager to enter into an Agreement with International Disposal Corp. Of California, Inc (Republic Services)
Initiated by:

Staff
Previous Council Consideration:

None
Fiscal Impact:

None. The tip fees associated with this New Agreement are incorporated into the overall solid waste rates paid for by residential and commercial ratepayers in the City.

Environmental Review:

Not applicable - Categorically Exempt pursuant to CEQA Section 15061(b)(3). It can be seen with certainty that the New Agreement will not pose a significant effect on the physical environment, and none of the circumstances in CEQA Guidelines Section 15300.2 apply.

Policy Questions for Council Consideration:
 Does the New Agreement alleviate the need for competitive proposals for similar services?  Does this New Agreement provide the City with a modern agreement that complies with all laws and regulations and provides the City with long-term rate stability and disposal capacity? 17 Agenda Item # 2.

Subject: Consideration of a new long-term solid waste disposal agreement September 20, 2022 Page 2
Summary:
 The New Agreement has a total contract value exceeding the $100,000 limit, which requires authorization by City Council.
 Contractor owns and operates the Newby Island Sanitary Landfill and associated recycling and composting facilities (“Newby Island”).
 City desires to contract for recycling and long-term disposal of Municipal Solid Waste at the currently used Newby Island Landfill.
 The City and Contractor desire that the Newby Island Landfill be available to the City as a fully permitted facility to receive Municipal Solid Waste from the City for recycling and disposal in accordance with this New Agreement.
 The initial term of this New Agreement shall commence on November 21, 2023, and is expected to continue for a period of the lesser of (i) fifteen years or (ii) the useful life of Newby Island, which for purposes of this New Agreement means that the permitted capacity of the landfill is met.
 The proposed tipping fee of $52 per ton is competitive with other similar agreements for neighboring jurisdictions and guarantees long-term capacity and stable tipping fees for the term of the New Agreement.

Staff Recommendation
Authorize the City Manager to execute the New Agreement on behalf of the City with International Disposal Corporation of California, Inc for recycling and disposal of the City’s solid waste Purpose
The current Solid Waste Disposal Agreement (Current Agreement) is set to expire in November 2023.

To properly plan for its conclusion, the City engaged R3 Consultants, Inc. (R3) to assist with the strategy, negotiations, and possible competitive procurement of new disposal and recycling services.

The early start to the process was done to ensure that if negotiations with the current disposal provider were unsuccessful, there would still be adequate time to seek proposals from other service providers.

Based on the long negotiation process, market analysis, and likely alternatives, the staff is recommending acceptance of the New Agreement you have before you for consideration. Should the City Council not authorize the City Manager to sign this New Agreement, staff will work with R3 to develop a Request for Proposals (RFP) to seek other alternatives. 18 Agenda Item # 2.

Subject: Consideration of a new long-term solid waste disposal agreement September 20, 2022 Page 3
Background
The City of Los Altos holds a 30-year Agreement for the Disposal of Municipal Solid Waste with International Disposal Corporation of California, Inc., owned by Republic Services, which is set to expire in November 2023. The Current Agreement requires them to accept for disposal or recycling of all municipal solid waste at its Newby Island Sanitary landfill (Newby Island) and associated recycling facilities. Under the old agreement and the anticipated new agreement, construction and demolition debris for most construction or demolition projects utilizing the franchise hauler are also required to be delivered to Newby Island.

The staff has been negotiating the New Agreement with the Contractor since Fall 2021. The proposed New Agreement would begin in August 2023 for the initial term and last for the expected life of the landfill. The New Agreement may be extended in two-year renewal terms if the landfill’s useful life extends past its expected life. The currently negotiated terms of the New Agreement include a modest increase in the landfill disposal fee in the first year, which equates to an approximately $0.19 increase to the average residential customer’s monthly collection costs. The landfill disposal fee would be adjusted annually by the Water, Sewer, and Trash Consumer Price Index (WST), a common industry index that aligns with the annual increases under the collection agreement with Mission Trail Waste Systems (MTWS). City staff also negotiated increased commitments for source-separated construction and demolition material recycling and the provision of compost to the City and/or Los Altos residents to assist in meeting the required Senate Bill 1383 procurement targets.

Discussion/Analysis
The City’s material is currently disposed of at the Newby Island Sanitary landfill in Milpitas, CA, with the City staff directly managing the Current Agreement with Newby Island and Republic Services.

Under the New Agreement, the City’s solid waste material would be sent to the same facility through 2038. The current tipping fee paid by MTWS and supported through the customer rates is $45.79 per ton; the negotiated tipping fee beginning in 2023 would be $52.00 per ton and is believed to reflect the actual costs and reasonable profit for these services. Based on our analysis, the tipping fee is comparable to other recently negotiated agreements, and well within the market price compared with other jurisdictions, and most importantly, ensures long-term local capacity.

Los Altos is one of several cities with disposal contracts with Newby Island that are expiring in the coming few years; of those, Los Altos will be the first to finalize a new disposal agreement with Newby Island. The proposed New Agreement has largely isolated the proposed fees from the current significant inflationary pressures and locks in that fee subject to the index.

The initial term of this New Agreement will commence on November 21, 2023, and continue for a period of the lesser of (i) fifteen years or (ii) the useful life of Newby Island. After the Initial Term (if the landfill still has the capacity, the parties may extend this New Agreement in two-year increments by mutual agreement). Republic will provide the City with notice at least four years prior to the end of the useful life of the landfill and each year thereafter. If the landfill’s capacity is increased via an 19 Agenda Item # 2.

Subject: Consideration of a new long-term solid waste disposal agreement September 20, 2022 Page 4
expansion, Contractor and City shall meet and confer on a term extension and tipping fee, and the Contractor will give the City a right of first refusal for access to the increased capacity for the life of the landfill.

Proximity is the most important criteria in recommending this New Agreement. The distance from Los Altos to Newby Island is 15.1 miles, which allows MTWS to haul solid waste directly to the landfill without double-handling it through a transfer station. If the City were to bring its solid waste to a transfer station, more solid waste disposal facilities could be available because the range of travel distance would be longer; however, there are substantial costs associated with the transfer of approximately $20/ton (with additional costs per mile transferred) and there are limited current options for solid waste transfer. Table 1, below presents facilities that would be capable of potentially receiving the City’s material if transferred.

Table 1: Facility Options if Material is Transferred
Facility City Distance (miles)
Keller Canyon Landfill Bay Point 65.3
John Smith Road Landfill Hollister 66.2
Monterey Peninsula Landfill Marina 66.9
Potrero Hills Landfill Suisun City 91.7
Redwood Landfill Novato 70.2
Forward Landfill Manteca 81.4
Due to the additional cost to transfer material to a more distant facility, use of these facilities will be more expensive on an overall per ton basis than the facilities listed in Table 2 below, because of the associated transfer costs. Additional environmental impacts associated with longer trucking distances may also need to be considered through the CEQA process. Because of the need to transfer the solid waste, these facilities are likely cost prohibitive when compared to the Newby Island fee.

If the City desires an RFP, Newby Island might still compete for the City’s material and could propose a higher rate based on inflation and likely other proposed fees it would be competing with. Nearby landfills that might propose on the City’s disposal material are shown in Table 2, below. We have not included any other Republic facilities in this list, as we don’t expect Republic to propose more than once on a disposal RFP (e.g., Ox Mountain in Half Moon Bay is another nearby landfill operated by Republic, located 24 miles from Los Altos City Hall).
20 Agenda Item # 2.

Subject: Consideration of a new long-term solid waste disposal agreement September 20, 2022 Page 5
Table 2: Disposal Facility Options
Facility City Distance
(miles)
Newby Island Sanitary Landfill Milpitas 15.1
SMaRT Station Sunnyvale 8.0
Guadalupe Landfill (Waste Management) San Jose 20.9
Kirby Canyon (Waste Management) (requires transfer) Morgan Hill 32 Altamont Landfill (requires transfer) Livermore 54
If the City were to develop and release an RFP for solid waste disposal alone, the four facilities in Table 2 are the likely proposers. However, these facilities are not guaranteed to bid on the City’s material due to a host of reasons: small tonnage amounts, capacity constraints, and/or the requirement to enter a long-term partnership inclusive of other material streams. Guadalupe Landfill, which is otherwise the closest feasible landfill for the direct haul, has contentious and potentially litigious neighbors. For reference, this resulted in the City of Milipitas spending additional money to redirect its garbage flow.1Sunnyvale’s SMART station, which is a transfer station and landfill, requires a commitment to deliver all garbage to the station for processing prior to disposal at a steep additional cost to ratepayers. Based on the current tip fees and location of the transfer stations and landfills, R3 does not recommend that the City release an RFP for solid waste disposal as no cost savings are anticipated.

1 Additional information about the City of Milpitas process can be found at the following web link:
https://www.wastedive.com/news/milpitas-ca-will-change-disposal-site-for-extra-12m-due-tocommunity-rel/438977/ 21 Agenda Item # 2.

ATTACHMENT 1

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AGREEMENT FOR DISPOSAL OF MUNICIPAL SOLID WASTE

BETWEEN

THE CITY OF LOS ALTOS
AND
INTERNATIONAL DISPOSAL CORP. OF CALIFORNIA, INC.
22 Agenda Item # 2.

ATTACHMENT 1

Page 2 of 29 ends

TABLE OF CONTENTS
Page

1. DEFINITIONS.....................................................................................................................4

2. CITY’S RESPONSIBILITIES.............................................................................................7

2.1. Delivery of Municipal Solid Waste .........................................................................7

2.2. Excluded Waste .......................................................................................................7

2.3. Debris Box Municipal Solid Waste .........................................................................8

3. CONTRACTOR’S RESPONSIBILITIES...........................................................................8

3.1. Receipt of Municipal Solid Waste ...........................................................................8

3.2. Receipt of Construction and Demolition Debris......................................................8

3.3. Provision of Compost ..............................................................................................8

3.4. Operational Requirements .......................................................................................9

3.5. Excluded Waste .....................................................................................................10

3.6. Compliance with Laws and Regulations................................................................10

3.7. Permits, Licenses, Closure/Post-Closure ...............................................................11

3.8. Inspection of Operations........................................................................................11

3.9. Labor Force............................................................................................................11

4. TERM ................................................................................................................................11

4.1. Term.......................................................................................................................11

5. COMPENSATION ............................................................................................................12

5.1. Tipping Fee ............................................................................................................12

5.2. Annual Tipping Fee Adjustment............................................................................12

5.3. Other Adjustments.................................................................................................12

5.4. Payment..................................................................................................................14

5.5. Full Payment ..........................................................................................................14

6. ASSURANCE OF PERFORMANCE...............................................................................15

6.1. Force Majeure ........................................................................................................15

6.2. Alternate Disposal Arrangements..........................................................................15

6.3. Performance Bond .................................................................................................15

6.4. Insurance Requirements.........................................................................................15

6.5. Hold Harmless and Indemnity ...............................................................................16

6.6. Agreement Defense................................................................................................17 23 Agenda Item # 2.

ATTACHMENT 1

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6.7. Unpermitted Waste Defense and Indemnification.................................................17

6.8. Environmental Indemnity ......................................................................................18

7. SUSPENSION OR TERMINATION FOR DEFAULT....................................................18

7.1. Suspension or Termination by City .......................................................................18

7.2. Suspension or Termination by Contractor.............................................................20

8. TITLE TO WASTE ...........................................................................................................20

9. GENERAL PROVISIONS ................................................................................................20

9.1. Independent Contractor..........................................................................................20

9.2. City Warranty.........................................................................................................20

9.3. Representations and Warranties.............................................................................21

9.4. Venue .....................................................................................................................22

9.5. Savings Clause .......................................................................................................22

9.6. Headings ................................................................................................................22

9.7. Amendment............................................................................................................22

9.8. Assignment ............................................................................................................22

9.9. Contractor Request for Assignment.......................................................................22

9.10. Notices ...................................................................................................................23

9.11. Waiver....................................................................................................................23

9.12. Governing Law ......................................................................................................23

9.13. Attorney’s Fees......................................................................................................24

9.14. Severability ............................................................................................................24

9.15. Disputes..................................................................................................................24

9.16. Entire Agreement...................................................................................................24 24 Agenda Item # 2.

ATTACHMENT 1

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AGREEMENT FOR DISPOSAL OF MUNICIPAL SOLID WASTE
THIS AGREEMENT FOR DISPOSAL OF MUNICIPAL SOLID WASTE (this “Agreement”) is made and entered into on September ____, 2022, by and between the CITY OF LOS ALTOS, CALIFORNIA a California municipal corporation (the “City”), and INTERNATIONAL DISPOSAL CORP. OF CALIFORNIA, INC., a California corporation (“Contractor”).

RECITALS
WHEREAS, City desires to contract for recycling and long-term disposal of Municipal Solid Waste (defined below); and
WHEREAS, Contractor owns and operates the Newby Island sanitary landfill and associated recycling facilities (“Newby Island”); and
WHEREAS, City and Contractor desire that Newby Island be maintained as a fully permitted facility in order to receive Municipal Solid Waste from City for recycling and disposal in accordance with this Agreement; and
WHEREAS, this Agreement is intended to supersede and replace all prior contracts between the parties.

AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained in this Agreement, and for other good and valuable consideration, the parties to this Agreement hereby agree as follows.

1. DEFINITIONS. The following capitalized names and terms shall have the respective meanings indicated below:

1.1. “Biomedical Waste” means waste which may be reasonably considered infectious, pathological or biohazardous, originating from hospitals, public or private medical clinics, departments or research laboratories, pharmaceutical industries, blood banks, forensic medical departments, mortuaries, veterinary facilities and other similar facilities and includes equipment, instruments, utensils, fomites, laboratory waste (including pathological specimens and fomites attendant thereto), surgical facilities, equipment, bedding and utensils (including pathological specimens and disposal fomites attendant thereto), sharps (hypodermic needles, syringes, etc.), dialysis unit waste, animal carcasses, offal and body parts, biological materials, (vaccines, medicines, etc.) and other similar materials, but does not include any such waste which is determined by evidence reasonably satisfactory to Contractor to have been rendered noninfectious, non-pathological and non-biohazardous.

1.2. “City” means the City of Los Altos, California, a municipal corporation organized under the laws of the State of California, all of the geographic area lying within the municipal boundaries of the City.
25 Agenda Item # 2.

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1.3. “Construction and Demolition Debris” means commonly used or discarded materials removed from construction, remodeling, repair, demolition, or renovation operations on any pavement, house, commercial building, or other structure, or from landscaping. Such materials include, but are not limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastics, roofing material, cardboard, carpeting, cinder blocks, concrete, copper, electrical wire, fiberglass, formica, granite, iron, lad, linoleum, marble, plaster plant debris, pressboard, porcelain, steel, stucco, tile, vinyl, wood, masonry, rocks, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings and other structures.

Construction and Demolition Debris does not include Excluded Waste.

1.4. “Contractor” means International Disposal Corp. of California, its successors and assigns.

1.5. “Debris Box” means a roll-off waste container used to collect, without compaction, residential and commercial Municipal Solid Waste, yard trimmings, construction debris, and similar materials.

1.6. “Designated Hauler” means the waste hauler or haulers named by City pursuant to Subsection 3.3.2 to deliver Municipal Solid Waste to Newby Island.

1.7. “Excluded Waste” means Biomedical Waste, Hazardous Waste, sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, and those wastes under the control of the Nuclear Regulatory Commission.

1.8. “Hazardous Waste” means any of the following:
(a) all waste defined or characterized as hazardous waste by the federal Solid Waste Disposal Act (42 U.S.C. Section 3251 et seq.), as amended, including the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) and all future amendments thereto, or regulations promulgated thereunder; (b) all waste defined or characterized as hazardous waste by the principal agencies of the State of California (including without limitation the Department of Health Services and the California Waste Management Board) having jurisdiction over hazardous waste generated by facilities within such State, and pursuant to any applicable State or local law or ordinance, and all future amendments thereto, or regulations promulgated thereunder; (c) radioactive wastes;
(d) any sewage sludge or other residue from wastewater treatment facilities;
(e) waste commonly known as cannery waste;
(f) those substances or items which require special or extraordinary handling or disposal due to their hazardous, harmful, toxic or dangerous character or quality; and 26 Agenda Item # 2.

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(g) those substances and items which are not normally expected to be disposed of by generally accepted sanitary landfill disposal methods.

1.9. “Hazardous Waste” shall be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste. If any governmental agency or unit having appropriate jurisdiction shall hereafter determine that substances which are not, as of the date hereof, considered harmful, toxic, dangerous or hazardous, are harmful, toxic, dangerous or hazardous, then such substances shall be Hazardous Waste for the purposes of this Agreement as of the effective date of such determination. If any governmental agency or unit having appropriate jurisdiction shall hereafter determine that substances which are, as of the date hereof, considered harmful, toxic, dangerous or hazardous, are not harmful, toxic, dangerous or hazardous, then such substances shall not be Hazardous Waste for purposes of this Agreement as of the effective date of such determination.

1.10. “Municipal Solid Waste” means all substances or materials that are generally discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of rejection, including, without limitation, trash, garbage, refuse and rubbish, and which are generated by all residential, commercial, industrial, institutional, municipal, agricultural and other activities within the City; provided, however, Municipal Solid Waste does not include Excluded Waste, Construction and Demolition Debris, Source Separated Organic Materials, and Source Separated Recyclables.

1.11. “Newby Island” means the Newby Island Sanitary Landfill and associated recycling facilities, located at 1601 Dixon Landing Road, San Jose, CA 95131.

1.12. “Source Separated Organic Materials” means discarded materials separated from Municipal Solid Waste by the generator and deposited into the organics container for Recycling, including any vegetative matter resulting from normal yard and landscaping maintenance that is not more than three (3) feet in its longest dimension or six (6) inches in diameter and food scraps and trimmings from food preparation, including but not limited to: meat, fish and dairy waste, fruit and vegetable waste, grain waste, Stable Matter, and acceptable food packaging such items as pizza boxes, paper towels, waxed cardboard and food contaminated paper products. Source Separated Organic Materials include plant debris, such as palm, yucca and cactus, ivy, grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, and other forms of vegetative waste. Source Separated Organic Materials does not include items herein defined as Excluded Waste.

1.13. “Publicly Hauled Waste” means Municipal Solid Waste generated at residences or commercial establishments in the City and hauled directly to a solid waste facility, including Newby Island, by the respective generators (or, in the case of residences, their family members or designees) of such waste.

1.14. “Recycling” or “Recycle” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. 27 Agenda Item # 2.

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1.15. “Regulatory Changes” means changes in laws or regulations (including enactment or new laws or regulations and permit changes) affecting Newby Island which occur on or after November 21, 2023, and changes in the enforcement or interpretation of present or future laws or regulations (including permits) affecting Newby Island which occur on or after November 21, 2023, including Contractor’s future increased costs for financial assurances for closure, postclosure, third-party and pollution liability required by applicable regulatory agencies.

1.16. “Source Separated Recyclables” means discarded materials that are separated from Municipal Solid Waste by the generator prior to collection for purposes of Recycling, including but not limited to including newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (up to 20 pounds); steel including “tin” cans, empty aerosol cans (empty, non-toxic products) and small scrap (up to 20 pounds); bimetal containers; plastic bags, plastic food containers, #1-7 plastics regardless of form or mold (including but not limited to plastic containers, bottles, wide mouth tubs, plastic bags, film plastic, and polystyrene), aluminum foil and pans.

1.17. “Taxes” means all taxes or governmental fees now or hereafter imposed on the Recycling and/or disposal of Municipal Solid Waste delivered to Newby Island pursuant to this Agreement. As of the date of this Agreement, “Taxes” are $19.66 per Ton, composed of the following: The current City of San Jose Business Tax of $13.00 per ton, the City of San Jose Enforcement Fee of $0.38 per ton, the County of Santa Clara Solid Waste Planning Fee of $0.78 per ton, the County of Santa Clara AB 939 Fee of $4.10 per ton, and the $1.40 fee resulting from State AB 1220.

1.18. “Tipping Fee” means the amount, as set forth in Section 5, payable by City to Contractor for each Ton of Municipal Solid Waste delivered to Newby Island pursuant to this Agreement.

1.19. “Ton” means a short ton of 2,000 U.S. pounds.

2. CITY’S RESPONSIBILITIES.

2.1. Delivery of Municipal Solid Waste. Subject to the other provisions of this Agreement, during the term of this Agreement, City shall deliver or cause delivery of all Municipal Solid Waste to Newby Island, for Recycling and/or disposal in accordance with this Agreement; provided, however, City shall not be required to deliver or cause delivery of Municipal Solid Waste not controlled by the City’s franchise agreement, including Publicly Hauled Waste. City shall have no obligation to deliver any specific number of tons to Contractor at any time.

2.2. Excluded Waste. City shall use reasonable business efforts to prevent delivery to Newby Island by Designated Haulers of Excluded Waste or material other than Municipal Solid Waste. Subject to Contractor’s agreement, as set forth in Section 3.4 to attempt to reject or have a Designated Hauler remove such other Excluded Waste, City shall pay all costs of handling, demurrage, reloading, transportation and/or disposal of such other waste or material. 28 Agenda Item # 2.

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2.3. Debris Box Municipal Solid Waste. City shall deliver or cause delivery of all Municipal Solid Waste and Construction and Demolition Debris collected in Debris Boxes to Newby Island for Recycling and/or disposal in accordance with this Agreement. If Contractor does not meet the diversion goal for the Debris Box waste stream described in Section 3.1, the City shall have the option of directing its Debris Box waste stream to another facility if that other facility offers to pursue a higher diversion rate goal than that being achieved by Contractor at Newby Island, provided that Contractor shall have the right of first refusal, with a minimum of sixty (60) days advance written notice from the City of the terms (diversion level and price) offered by such other facility, to meet those terms and retain the City’s Debris Box waste stream.

3. CONTRACTOR’S RESPONSIBILITIES.

3.1. Receipt of Municipal Solid Waste. Subject to the other provisions of this Agreement, during the term of this Agreement, Contractor shall receive all Municipal Solid Waste delivered to Newby Island for disposal at Newby Island in accordance with this Agreement.

Contractor shall determine in its sole discretion whether to Recycle or dispose of such Municipal Solid Waste.

3.2. Receipt of Construction and Demolition Debris. Contractor shall use reasonable business efforts starting with the date of execution of this Agreement to achieve the annual goal of Recycling and diverting from disposal 65 percent by weight of the Construction and Demolition Debris delivered to Newby Island in Debris Boxes by the Designated Hauler and Publicly Hauled Waste. Contractor’s compliance with this diversion goal shall be determined annually based upon the determination of a third-party certifier as recommended by Contractor and designated by the City which may change from time-to-time. Third-party certifications may be conducted by the City of San Jose, the Recycling Certification Institute, or any other certifier that is determined by the City to meet the City’s standards. Contractor shall provide the City with annual reports by the designated Third-Party Certifier that include the certifier’s determination of Contractor’s diversion rate.

Contractor shall not be in breach of this Agreement if Contractor fails to achieve the annual Recycling and diversion goal of 65 percent, and the City’s sole remedy if Contractor fails to achieve this goal is to seek another facility to achieve higher Recycling and diversion levels, subject to Contractor’s right of first refusal described herein.

3.3. Provision of Compost. Contractor shall provide up to 750 tons of landscaping-grade compost to the City annually. City shall be responsible for arranging for the pickup of the compost at 601 Dixon Landing Rd. Milpitas, CA and shall inform Contractor six months in advance of the quantities to be picked up. If Contractor opens an area of the landfill site for residential customer pick-up of compost or mulch materials, access to that pick-up area shall be granted to residents of the City that provide adequate proof of residency, of up to 10 cubic yards of compost per resident per day. The compost picked up by residents shall be accounted for as a part of the 750 annual tons of compost described in Section 3.3. 29 Agenda Item # 2.

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3.4. Operational Requirements
(a) Hours. Contractor shall operate Newby Island for the receipt of Municipal Solid Waste from the Designated Haulers from at least 6:00 a.m. to 5:00 p.m. Monday through Friday and from 8:00 a.m. to 4:00 p.m. on Saturday, except that Newby Island may be closed on Christmas Day, the fourth Thursday of November and New Year’s Day.

Notwithstanding the foregoing, Contractor changed the Saturday hours at Newby Island due to the Covid-19 pandemic from 5:00 a.m. to 1:00 p.m., and may continue to operate Newby Island on Saturdays during this reduced schedule until Contractor determines, in its reasonable judgment, that it may resume the regular hours of operation on Saturdays. Contractor shall provide the City with notice of such change in advance.
(b) Signs. At Contractor’s sole expense, Contractor shall prominently post signs at the entrance to Newby Island detailing the regulations which must be followed by vehicles entering the site, indicating the hours of operation, the types of Municipal Solid Waste accepted and a local telephone number to call for information or in case of emergency. (c) Site Access. Contractor shall construct and maintain all roads running in and over Newby Island as shall be reasonable under the circumstances, from the end of the public access road to the points designated for the deposit of materials. A smooth surface within the disposal area will be maintained properly to assist vehicles in their disposal operations.

Contractor shall designate an area immediately adjacent to an all-weather road for disposal during periods of inclement weather. Contractor shall operate and maintain such inclement weather site and shall construct and maintain an access road to such site. Contractor shall not be responsible for any expense or inconvenience incurred by Designated Haulers as a result of construction along the public access road. If delay occurs, Contractor and Designated Haulers shall attempt to arrange alternate scheduling.
(d) Scales; Cubic Yard Conversion. Contractor shall operate and maintain a scale or scales to weigh all Municipal Solid Waste and Construction and Demolition Debris delivered by Designated Haulers to Newby Island. Contractor shall test and calibrate, as necessary, all scales in accordance with applicable local, state and federal law. (e) Records. Contractor shall maintain all records as required by law, including records of financial transactions and weight tickets. City or City’s designated representative shall have the right to inspect such records and the record keeping procedures at any time during normal business hours provided that such representative does not interfere with work being performed by Contractor and for a period of up to three years following expiration or termination of the contract. These records shall be retained for a period of no less than three years from the later of the following (except weight records which shall be kept for seven years): 1) final payment made, 2) expiration of the contract, or 3) termination of the contract. (i) City’s Right to Obtain Copies of LEA Reports. The parties acknowledge that the Contractor must generate, and deliver to the LEA, periodic reports pertaining to the recycling and diversion of solid waste. Contractor waives any restriction which may prevent the City from obtaining copies of such reports directly from the LEA and shall not object to any request by the City to obtain such reports.
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(f) Truck turnaround time and queuing: City and Designated Hauler vehicles shall have priority access to landfill and weigh stations; contractor shall ensure turnaround time for City and Designated Hauler vehicles no more than 25 minutes for route collection trucks and 55 minutes for transfer trucks (defined as time between arriving at the location and dumping the load, accounting for time spent waiting to be weighed) and provide queuing space within landfill to avoid queuing on public streets. If this turnaround time is exceeded, Contractor may be subject to Liquidated Damages of up to $50 per 10-minute increment. (g) Subcontractors. Contractor shall not use Subcontractors without written approval of City for any subcontracts in excess of $10,000, and Contractor shall remain responsible for Contract and paying Subcontractors.
(h) Designated Haulers.
(i) Acceptance of Waste. Contractor shall accept all Municipal Solid Waste from City’s Designated Haulers and shall charge City the Tipping Fee therefor.

Contractor shall have no obligation to accept Excluded Waste. (ii) City Designation. City shall designate those waste haulers responsible for delivery of Municipal Solid Waste to Newby Island, provided that those so designated shall agree to observe all regulations at Newby Island and to operate according to safe industry practices.
(iii) No Preference. Contractor shall give no preference or priority of treatment over Designated Haulers to any other persons bringing wastes to Newby Island. Also, Contractor shall not give any preference or priority among Designated Haulers unless and until such preference or priority is requested by Contractor or City and approved in writing by the other party to this Agreement. Said approval shall not be unreasonably withheld.

3.5. Excluded Waste. If Excluded Waste or other waste or material other than Municipal Solid Waste is delivered or attempted to be delivered by Designated Haulers to Newby Island, Contractor shall first attempt to reject such attempted delivery or cause the Designated Hauler, at its expense, to remove such waste or material from Newby Island. However, if such delivery occurs and such waste or material in not so removed, Contractor shall promptly notify City thereof and, subject to City’s payment of costs as set forth in subsection 2.3, use reasonable business efforts to comply with City’s request for handling and transportation of such waste or material to a disposal facility that can lawfully accept it.

3.6. Compliance with Laws and Regulations. Subject to the other terms and conditions of this Agreement, Contractor agrees that, in the operation of Newby Island and the performance of services under this Agreement, Contractor will qualify under, and comply with, any and all federal, state and local laws and regulations now in force and which may hereafter, during the term of this Agreement, be enacted and become effective, which are applicable to Contractor, its employees, agents, or subcontractors, if any, concerning the operation of Newby Island. However, Contractor shall have the right to contest in good faith the application of such law or regulation to Newby Island and Contractor shall not be deemed in breach of this Agreement during such good faith contest for failure to comply.
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3.7. Permits, Licenses, Closure/Post-Closure.
(a) Contractor to Obtain. Subject to the other terms and conditions of this Agreement, Contractor shall be responsible, at its sole expense, for obtaining and maintaining all necessary permits, licenses and approvals from any and all governmental entities having jurisdiction over Newby Island in order that Contractor may operate Newby Island in accordance with the terms and conditions of this Agreement and any laws or regulations applicable to Newby Island. City shall fully cooperate with Contractor in obtaining and maintaining such permits, licenses and approvals as long as any out-of-pocket expense incurred by City is borne by Contractor. Contractor shall file with the City a true and correct copy, certified by the granting agency, of each permit, license, or approval. However, Contractor shall have the right to contest in good faith any requirement of a permit, license, or approval necessary for the operation of Newby Island and Contractor shall not be deemed in breach of this Agreement during such good faith contest for failure to comply.
(b) Closure Plan. Contractor shall demonstrate adequate financial responsibility sufficient to finance Contractor’s closure and post closure plan as submitted to state and local permit enforcement agencies.

3.8. Inspection of Operations. The designated representative of City shall have the right to observe and review Contractor’s operations and enter Contractor’s premises at Newby Island for the purpose of such observation and review during normal operating hours, subject to reasonable notice. This provision shall not be construed as giving to City any right to exercise control over the business or operations of Contractor or to direct any operations of Contractor or to direct in any respect the manner in which the business and operations shall be conducted.

3.9. Labor Force.
(a) Workers. Contractor shall employ or utilize only such superintendents, mechanics, and other workers who are careful, competent and fully qualified to perform the duties or tasks assigned to them. All workers shall have sufficient skill, ability and experience to properly perform the work assigned to them and to operate any equipment necessary for them to carry out their assigned duties property.
(b) Safety Provisions. Contractor shall operate Newby Island in compliance with all applicable federal, state and local laws and regulations pertaining to safety. (c) Discrimination Prohibited. In the performance of this Agreement, Contractor will comply with the provisions of the California Fair Employment and Housing Act, California Government Code Section 12900 et seq., as amended, and any regulations promulgated thereunder, and with any federal statutes, and regulations promulgated thereunder, prohibiting employment discrimination.

4. TERM.

4.1. Term. The initial term of this Agreement shall commence on November 21, 2023 (the “Effective Date”) and shall continue for a period of the lesser of (i) fifteen years or (ii) the useful life of Newby Island, which for purposes of this Agreement means that the permitted 32 Agenda Item # 2.

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capacity of the landfill is met (the “Initial Term”) unless otherwise terminated in accordance with Section 7.1. After the Initial Term (if the landfill still has capacity), the parties may extend this Agreement in up to two-year increments by written agreement. Contractor shall provide City with notice at least four years prior to the end of the useful life of the landfill and each year thereafter.

If the landfill’s capacity is increased via an expansion, Contractor and City shall meet and confer on a term extension and tipping fee, and Contractor shall maintain City’s right of first refusal for access to the increased capacity for the life of the landfill at a mutually agreed-upon tipping fee.

As requested by City, Contractor shall provide any necessary supporting documentation to support the adjustment during the expansion period.

5. COMPENSATION.

5.1. Tipping Fee. The Tipping Fees payable under this Agreement shall not exceed the fees listed in Exhibit A, as it may be adjusted in accordance with Sections 5.2 and 5.4.

As of the Effective Date, the Tipping Fee for the disposal of Municipal Solid Waste at Newby Island shall not exceed $52.00 per Ton, inclusive of Taxes; the Tipping Fee for the recycling of Mixed C&D shall not exceed $89.00 per ton inclusive of Taxes; the Tipping Fee for Source Separated C&D materials shall not exceed $30.00 per ton inclusive of Taxes. Maximum Tipping Fees shall be adjusted in accordance with Sections 5.2 and 5.4. Notwithstanding the foregoing, for Debris Boxes containing source separated loads of concrete or clean soil the City shall be charged the gate rates for concrete and clean soil, respectively, provided application of those gate rates results in a lower cost to the City.

5.2. Annual Tipping Fee Adjustment. Contractor shall increase the rates for all services effective on each anniversary of the Effective Date of this Agreement in an amount equal to the percentage increase in the Consumer Price Index for All Urban Consumers (Water, Sewer and Trash Collection Services) U.S. City Average, as published by United States Department of Labor, Bureau of Statistics (the “CPI-W”), except that the CPI-W shall not cause the Tipping Fee to increase more than 6.0% per year. For the CPI calculation, rates will be adjusted using the most recently available trailing twelve (12) months average CPI compared to the twelve (12) months preceding.

5.3. Other Adjustments.
(a) Regulatory Change. The Tipping Fee may be adjusted by Contractor from time to time to reflect City’s pro rata share of all costs incurred or to be incurred by Contractor in operating Newby Island (including closure and post-closure monitoring) which are attributable to Regulatory Changes and exceed 1% of total cost incurred by Contractor; provided, however, Contractor may not increase the Tipping Fee for costs attributable to any of the following:
(i) Regulatory Changes, by their terms, imposed solely with respect to operation of a sanitary landfill located adjacent to San Francisco Bay; (ii) existing regulatory or remedial work, monitoring or other work which is required due to refuse which was placed in Newby Island sanitary landfill prior to November 21, 1988 even if part of such wastes were generated in the City; 33 Agenda Item # 2.

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(iii) Contractor’s intentional misconduct or negligent acts or omissions in operation of Newby Island;
(iv) compliance with the Calderon Legislation (California Health & Safety Code Section 41805.5), subchapter 15, BAAQMD Rule 34, Proposition 65, and California Administrative Code Titles 14 and 22, and the final version of EPA’s Subtitle D criteria when it is enacted; provided, however, this subparagraph (iv) shall not include any future changes to the foregoing statutes, rules and/or regulations; and (v) odor, noise and/or dust control due to encroaching land uses around Newby Island which uses were not present on November 21, 2023. (b) City’s Proportionate Share. The City’s pro rata share of costs attributable to Regulatory Changes under subsection 5.3(a) shall be determined on the basis of either of the following:
(i) The percentage of the daily volume of wastes disposed of at the sanitary landfill at Newby Island or Recycled at Newby Island, as the case may be, which is attributable to City, for those costs which are, according to generally accepted accounting principles, attributable to the daily operating costs of the sanitary landfill and Recycling operations at Newby Island, as the case may be. The percentage of daily volume attributable to City, shall be based upon the average amounts during the one-year period immediately preceding the request for an adjustment pursuant to this Section; or
(ii) The percentage of the remaining total site capacity at the sanitary landfill at Newby Island or the percentage of material Recycled at Newby Island, as the case may be, which is expected to be utilized by or attributable to the City under this Agreement, for those costs which are, by generally accepted accounting principles, not attributable to the daily operating costs of disposal or Recycling operations, as the case may be. If costs incurred by Contractor are amortized over several years, the increase in the Tipping Fee shall be repealed at the end of such amortization period. This repeal shall not affect other increases resulting from costs which were not amortized.
(iii) Contractor shall notify City of any Tipping Fee adjustment attributable to Regulatory Changes under this Section 5.3 at the earliest practicable time. At the time Contractor makes a request for a Tipping Fee adjustment attributable to Regulatory Changes pursuant to this Section 5.3, Contractor shall submit to City written documentation showing the actual costs incurred or estimated to be incurred in future years (for costs that are expected to be incurred or amortized over more than one year), demonstrating that the costs were incurred by reason of Contractor’s compliance with changes in laws or regulations or changes in the enforcement or interpretation thereof, indicating the method of determining City’s pro rata share of such cost, and showing the calculation of City’s pro rata share. If Contractor bases the request for adjustment on a change in the enforcement on interpretation of a law or regulation affecting Newby Island, then Contractor shall also provide to City supporting documentation demonstrating the existence of and the nature of the change in enforcement or interpretation. City shall have the right, at reasonable times and upon reasonable notice to Contractor, to inspect all records or other information contained therein pertaining to Contractor’s request for adjustment under Section 5.4. 34 Agenda Item # 2.

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No increase in the Tipping Fee attributable to Regulatory Changes shall be made pursuant to this Section 5.3 unless and until Contractor has submitted the above-described written documentation to City.
(c) Taxes. The Tipping Fee shall be adjusted by Contractor from time to time to include all Taxes.

5.4. Payment.
(a) Monthly Invoice and Report. On or before the tenth (10th) day of each month, Contractor shall submit to the City or Designated Hauler(s) an invoice for the preceding month. Said invoice shall state the Tipping Fee then in effect and the amount due for the invoice month calculated in accordance with the provisions of this Section 5. At the time Contractor submits the monthly invoice, Contractor shall also submit to City a report stating, for each Designated Hauler, the information in substantially the form of the sample report form attached hereto as Exhibit B and made a part hereof. If the City institutes a voucher system whereby City issues vouchers or coupons to Designated Haulers for delivery of Municipal Solid Waste, Contractor shall attach to the monthly report either copies of such list or the voucher numbers printed on such vouchers and the name of the Designated Hauler submitted voucher. (b) Time of City’s Payment. The City or Designated Hauler(s) shall review the monthly invoice and the monthly report received from Contractor. The City shall have ten (10) working days from receipt of the report to request reasonable additional information regarding the report. Such request shall be in writing and shall specify the information requested.

Contractor shall have ten (10) working days from the date of the request to supply the City the requested additional information. City shall remit payment to Contractor with thirty (30) days of receipt of the requested information, or, if no additional information is requested, within thirty (30) days of receipt of the invoice and report. Where the City or Designated Hauler(s) disputes a portion of any invoice, the City or Designated Hauler(s) shall nevertheless timely pay in full the undisputed portion. The City shall pay a charge for all past due amounts for each month or part thereof during which such amounts remain unpaid at the prime annual interest rate then established by Chase Manhattan Bank, N.A., but in no event higher than the maximum rate allowed by applicable law. (c) Payment for Publicly Hauled Waste. Contractor shall accept Publicly Hauled Waste for disposal and shall require those delivering such waste to pay directly for disposal at a rate not more than that posted from time to time for deliveries of waste by the general public.
(d) False Claims Act. CONTRACTOR acknowledges that it is aware of liabilities resulting from submitting a false claim for payment by the CITY under the California False Claims Act (Cal. Gov. Code 12650 et. seq.), including treble damages, costs of legal actions to recover payments and civil penalties of up to $10,000 per false claim.

5.5. Full Payment. Contractor hereby agrees to accept payments from City or Designated Haulers and those delivering Publicly Hauled Waste as described above as full compensation for services rendered under this Agreement. Late penalties or interest on outstanding invoices are not to be levied by Contractor on City or Designated Haulers. 35 Agenda Item # 2.

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6. ASSURANCE OF PERFORMANCE.

6.1. Force Majeure. Except for City’s obligation to pay amounts due to Contractor, any failure or delay in performance under this Agreement due to contingencies beyond a party’s reasonable control, including, but not limited to, strikes, riots, terrorist acts, compliance with applicable laws or governmental orders, fires, bad weather and acts of God, shall not constitute a breach of this Agreement, but shall entitle the affected party to be relieved of performance at the current pricing levels under this Agreement during the term of such event and for a reasonable time thereafter. The collection or disposal of any increased volume resulting from a flood, hurricane or similar or different Act of God over which Contractor has no control, shall not be included as part of Contractor’s service under this Agreement. If increased volume due to a Force Majeure event, Contractor and the City shall negotiate the additional payment to be made to Contractor.

6.2. Alternate Disposal Arrangements. If Contractor fails or is unable to accept or dispose of any waste which it is obligated to accept or dispose of under the terms of this Agreement because of any event other than described in Section 6.1 whose occurrence materially and adversely affects Contractor’s ability to accept or dispose of such waste at Newby Island, Contractor shall transport and dispose of such waste at an alternative landfill site or disposal facility selected by Contractor at no additional cost to City or in the alternative, at Contractor’s option, shall reimburse City for any and all extra costs incurred by City, over and above the Tipping Fee, to haul and dispose of Solid Waste at such other location. If the City hauls or arranges for hauling of said waste, it is understood that these costs may include costs incurred by the City which are payable by it to Designated Haulers for using an alternative landfill site. The provisions of this Section 6.2 shall govern over any conflict with Section 7.

6.3. Performance Bond. Contractor shall also make, execute, and deliver to City within fourteen days, a good and sufficient surety bond or letter of credit in a form reasonably satisfactory to City to secure the faithful performance by Contractor of the terms and conditions herein. Such bond shall be in the penal amount One Million and No/100 Dollars ($1,000,000.00) and shall be for a term of at least one (1) year. Such bond shall be signed by the President or General Officer of Contractor, together with signature of its corporate secretary and corporate seal.

The surety shall be a surety company duly authorized to do business in the State of California and acceptable to City. The surety company which issues the bond shall not be obligated to renew the bond after the expiration of the year term; provided, however, Contractor shall maintain similar replacement bonds issued by a mutually acceptable surety company meeting the requirements set forth above during the term of this Agreement. City agrees that Contractor’s failure to replace the bond shall not result in City having any right to make a claim on the expiring bond.

Notwithstanding the foregoing, Contractor may at any time, in lieu of the aforesaid surety bond, provide City with a letter of credit in the aforesaid sum, in a form reasonably satisfactory to City, securing the faithful performance by Contractor of the terms and conditions herein.

6.4. Insurance Requirements. Contractor shall procure and maintain for the duration of this Agreement insurance as described in Exhibit C against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements set forth in Exhibit C shall be reviewed 36 Agenda Item # 2.

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for sufficiency by City at five-year intervals and such requirements may be reasonably amended or modified by City as deemed necessary or prudent by City, provided that any required new or increased coverage is available on a commercially reasonable basis. Within (30) days of the effective date of this Agreement, Contractor shall submit proof of the aforesaid coverage in the form of Certificates of Insurance, with copies of all required blanket-form endorsements attached thereto to City.

6.5. Hold Harmless and Indemnity.
(a) By Contractor. To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold City, the City Council, members of the City Council, its employees, representatives, agents and volunteers harmless from any and all suits, damages, costs, fees, claims, demands, causes of action, liabilities, losses expenses, damage or injury of any kind, in law or equity, to property or persons, including wrongful death and financial losses (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any actual or alleged negligent acts, errors or omissions, or willful misconduct of Contractor or Contractor’s officers, assistants, subcontractors, employees or agents in connection with the performance of Contractor’s services or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and reasonable attorneys’ fees and other related costs and expenses.
(b) Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, (Design Professionals) the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City, the City Council, members of the City Council, its employees, or authorized volunteers. (c) Negligence Defined. For purposes of Sections 6.5(a) and 6.5(b), “negligence” shall be deemed to include both negligent acts and omissions and willful misconduct, and the negligence of a party shall include the negligence of its respective officers, employees or agents (including subcontractors).
(d) Notice and Access. The party claiming a right to indemnity shall:
(i) give written notice thereof within a reasonable period following the earlier of actual or constructive notice of the event or occurrence as to which the right to indemnification is or may be asserted, provided, that any delay in or failure to give such notice shall not alter any obligation of indemnity herein, except to the extent the indemnifying party is materially prejudiced thereby; and
(ii) allow the other party (including their employees, agents and counsel) reasonable access to any of its employees, property and records reasonably related to the matter giving rise to the claim for indemnification (excluding records protected by the privilege applicable to communications between attorney and client and the work product of attorneys) for the purpose of conducting an investigation of such claim and taking such other steps as may be necessary to preserve evidence of the occurrence on which the claim is based. 37 Agenda Item # 2.

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(e) Insurance Coverage. Provision of the insurance coverage set forth in Section 6.4 does not relieve Contractor or its subcontractors from liability under the above hold harmless/indemnification clause.
(f) Survival. The indemnities contained in this Section 6 shall survive expiration or termination of this Agreement.

6.6. Agreement Defense
Contractor shall defend, at its sole cost and expense, with counsel approved by the City, the City in any Actions that assert or allege liabilities paid, incurred or suffered by, imposed upon or asserted against, the City that result or are claimed to have resulted directly or indirectly by Contractor’s negligent performance or non-performance of this Agreement, including the following:
(a) Contractor negligence or misconduct: the wrongful, willful or negligent act, error or omission, or the misconduct of the Contractor; (b) Failure to comply with Applicable Law: Contractor’s failure or alleged failure to comply with Applicable Law or any alleged violation thereof, including any actions in connection with its permits;
(c) Breach of representation: Contractor’s breach of any representation, warranty or covenant made in this Agreement; or,
(d) Challenges to Agreement: legal challenge to the City of the City to enter into this Agreement or to contract out Services, regardless of the legal theory advanced or relied upon by any interested third party, including any appeals necessary to validate that City or the Agreement.

City reserves the right to retain, at its sole cost and expense, co-counsel and Contractor shall direct Contractor’s counsel to assist and take direction from such co-counsel with respect to City’s defense.

6.7. Unpermitted Waste Defense and Indemnification
Contractor shall defend, indemnify, and hold harmless at its sole cost and expense with counsel approved by the City, the City in any actions that assert or allege liabilities paid, incurred or suffered by, imposed upon or asserted against, the City that result or are claimed to have resulted directly or indirectly from the presence, disposal, escape, migration, leakage, spillage, discharge, release or emission of Excluded Waste or petroleum to, in, on, at, or under the landfill whether: (1) in one or more instance, (2) threatened or transpired, (3) Contractor is negligent or otherwise culpable, or (4) those liabilities are litigated, settled, or reduced to a final judgment. For purposes of this Indemnity, liabilities include, liabilities arising from or attributable to any operations, repair, clean-up or detoxification, or preparation and implementation of any removal, remedial, response, Closure, Post-Closure or other plan, regardless of whether undertaken due to government directive or action, such as remediation of surface or ground water contamination and replacement or restoration of natural resources. The foregoing indemnity is 38 Agenda Item # 2.

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intended to operate as an agreement pursuant to 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify the City from liability in accordance with this Section.

6.8. Environmental Indemnity
Contractor shall defend, indemnify, and hold the City harmless against and from any and all claims, suits, losses, penalties, damages, and liability for damages of every name, kind and description, including attorneys’ fees and costs incurred, attributable to the negligence or willful misconduct of Contractor in handling Excluded Waste.

7. SUSPENSION OR TERMINATION FOR DEFAULT.

7.1. Suspension or Termination by City.
(a) Termination for Default. If either party breaches any material provision of this Agreement and such breach is not substantially cured within thirty (30) days after receipt of written notice from the non-breaching party specifying such breach in reasonable detail, the non-breaching party may terminate this Agreement by giving thirty (30) days’ written notice of termination to the breaching party. However, if the breach cannot be substantially cured within thirty (30) days, the Agreement may not be terminated if a cure is commenced within the cure period and for as long thereafter as a cure is diligently pursued. Upon termination, the City shall pay Contractor only such charges and fees for the Services performed on or before the termination effective date and Contractor shall collect its equipment, and Contractor shall have no further obligation to perform any Services under this Agreement. (b) City shall not suspend or terminate this Agreement unless and until Contractor has failed to substantially perform under this Agreement and has been given notice of such failure and has not cured such failure, or commenced to cure such failure, within thirty (30) days after receipt of said notice (and, in the case of commencement to cure, does not thereafter diligently proceed to cure such failure); provided that no opportunity to cure prior to suspension shall be required if the health, welfare, or safety of the public is endangered by the continued delivery of Municipal Solid Waste to Newby Island.
(c) Performance Assurance Defaults. (1) Failure to Provide Insurance.

Contractor fails to provide insurance in accordance with Section 6.4; (2) Failure to Provide Assurances of Performance. Contractor fails to timely provide assurances of performance; (3) Failure to Pay Authority. Contractor fails to timely pay Authority any amounts due and owing to Authority, reimbursement of costs for alternative services (4) Transfer, Assignment. Contractor Assigns this Agreement without Authority approval; (5) Seizure, Attachment. Any asset used to provide services is seized, attached, or levied upon (other than a pre-judgment attachment) so as to substantially impair Contractor’s ability to timely and fully perform Services, and which cannot be released, bonded, or otherwise lifted within forty-eight (48) hours, excepting weekends and Holidays; (6) Insolvency, Bankruptcy, Liquidation. Contractor files a voluntary claim for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer of assets no longer used to provide services 39 Agenda Item # 2.

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or backup services), trustee (other than as security of an obligation under a deed of trust), custodian, sequestration, administrator (or similar official) of Contractor for any part of Contractor’s operating assets or any substantial part of Contractor’s property, or shall make any general Assignment for the benefit of Contractor’s creditors, or shall fail generally to pay Contractor’s debts as they become due or shall take any action in furtherance of any of the foregoing. The foregoing notwithstanding, nothing herein shall or is intended to affect the jurisdiction and authority of any trustee or receiver in connection with bankruptcy proceedings pursuant to the federal Bankruptcy Act or any similar or successor statute. A court, having jurisdiction, enters a decree or order for relief in respect of the Agreement, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or Contractor consents to or fails to oppose any proceeding, or that court enters a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator, administrator (or similar official) of the Contractor or for any part of the Contractor’s operating equipment or assets, or orders the winding up or liquidation of the affairs of the Contractor. (d) A copy of the suspension order or action of the City shall be served on Contractor and on Contractor’s surety (if there is a surety). When work is suspended for any cause or causes during the term of this Agreement, Contractor shall discontinue the work or such part thereof as City shall designate, whereupon the surety may, at its option, assume this Agreement or that portion thereof which City has ordered Contractor to discontinue, and may perform the same or may sublet the work or that portion of the work taken over to a contractor approved in writing by City’s Director of Public Works; provided, however, that the surety shall exercise its option and begin performance of the work, it at all, within thirty (30) days after the written notice to discontinue the work has been served upon Contractor and upon the surety or its authorized agent. The surety, in such event, shall assume Contractor’s place in all respects and shall be bound by all the terms and conditions of this Agreement. The surety shall be paid by City for all work performed by it in accordance with the terms of this Agreement.

In case the Surety does not, within the above specified time, assume Contractor’s responsibilities under this Agreement, or that portion thereof which City has ordered Contractor to discontinue, then City shall have the power and right to perform and complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary, and Contractor agrees that City shall have the right to procure equipment, labor and materials necessary for the completion of the work. City shall be required to mitigate expenses, in accordance with applicable law, for the work of completing the services provided in this Agreement, and the expense to City for same shall be the actual cost to City of such work, plus any additional costs which City may incur in payment to its Designated Haulers should the alternate disposal site be located at greater distance from the point of collection of Municipal Solid Waste than Newby Island.
(e) In case such expenses shall exceed the amount, which would have been payable under this Agreement if the same had been fully performed by Contractor, then Contractor and its surety shall pay the amount of such excess to City on notice from City of the excess due. When any part of the work is carried out by the surety or by City, by contract or otherwise, under the provisions of this Section, Contract shall continue the remainder of the work in conformity with the terms of this Agreement.
40 Agenda Item # 2.

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(f) In all instances, Contractor and its surety shall be liable for all damages incurred by City during the period after notice to discontinue the work has been served upon Contractor and the surety; provided, however, notwithstanding anything to the contrary contained in this Agreement, Contractor shall not be liable to City for any special, punitive or consequential damages, whether in contract, tort, strict liability or otherwise. Rights and remedies of City provided in this section shall not be exclusive and are in addition to any others provided by law/Contract.
(g) In computing damages which City incurs under this Section, additional costs of haulage of waste to a more distant site for waste disposal shall be included, as well as actual fees charged for disposal. Such additional haulage costs shall be negotiated in good faith between City and its Designated Haulers and shall be passed on to surety and Contractor without markup.

7.2. Suspension or Termination by Contractor. Contractor shall not suspend or terminate this Agreement unless and until City has failed to substantially perform under this Agreement and has been given notice of such failure and has not cured such failure, or commenced to cure such failure, within thirty (30) days after receipt of said notice (and, in the case of commencement to cure, does not thereafter diligently proceed to cure such failure); provided that no opportunity to cure prior to suspension shall be required if the health, welfare, or safety of the public is endangered by the continued delivery of Municipal Solid Waste to Newby Island.

8. TITLE TO WASTE. Title to Municipal Solid Waste shall pass to Contractor when loaded into Contractor’s collection vehicle or otherwise received by Contractor. Title to and liability for any Excluded Waste shall at no time pass to Contractor.

9. GENERAL PROVISIONS.

9.1. Independent Contractor. It is expressly understood and agreed that Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same; that Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any; and that nothing herein shall be construed as creating a partnership or joint venture between City and Contractor. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of City, nor shall any such person be entitled to any benefits available or granted to employees of City.

9.2. City Warranty. City warrants to Contractor that:
(a) City has full power in accordance with applicable law to enter into this Agreement;
(b) the entering into this Agreement will not constitute a violation or breach by City of any contract or other instrument to which the City is a party, OR of any judgment, order, writ, injunction or decree issued against or imposed upon City, or that will result in a violation of any applicable law, order, rule or regulation of any governmental authority; and 41 Agenda Item # 2.

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(c) this Agreement constitutes a valid and binding obligation of City in accordance with its terms, including, without limitation, for the full period of the term of this Agreement notwithstanding the future change of elected or appointed City officials or the City’s failure to budget and appropriate sufficient funds for this Agreement. Prior to the parties’ entering into this Agreement, legal counsel for the City shall render a written legal opinion to Contractor that the matters set forth in this Section 9.2 are true and correct.

9.3. Representations and Warranties.
(a) The City represents and warrants that:
(i) Existence. The City is a general law city validly existing under the Constitution and laws of the State of California. (ii) Due Authorization. The City has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the City.
(iii) No Litigation. There is no action, suit or other proceeding, at law or equity, before or by any court or Governmental Body pending or, to the City’s best knowledge, threatened against the City in which an unfavorable decision, ruling or finding which would materially and adversely affect the validity of or enforceability of this Agreement or any other agreement or instrument to be entered into by the City in connection with the transactions contemplated hereby, or which would materially and adversely affect the performance by the City of its obligations hereunder or under any such other agreement or instrument. (b) The Contractor represents and warrants that:
(i) Existence. The Contractor is a corporation organized and existing under the laws of the State of California.
(ii) Due Authorization. The Contractor has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the Contractor.
(iii) No Conflict. Neither the execution nor the delivery by the Contractor of this Agreement nor the performance by the Contractor of its obligations hereunder nor the consummation by the Contractor of the transactions contemplated hereby (1)conflicts with, violates or results in a breach of any applicable law or ( 2) conflicts with, violates or results in a breach of any term or conditions of any contract, agreement, franchise, judgment, instrument or decree to which the Contractor is a party or by which the Contractor or any of its properties or assets are bound, or constitutes a default under any such contract, franchise, judgment, decree, agreement or instrument.
(iv) No Litigation. There is no action, suit or other proceeding, at law or equity, before or by any court or governmental body pending or, to the Contractor’s best knowledge, threatened against the Contractor in which an unfavorable decision, ruling or finding which would materially and adversely affect the validity of or enforceability of this Agreement or 42 Agenda Item # 2.

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any other agreement or instrument to be entered into by the Contractor in connection with the transactions contemplated hereby, or which would materially and adversely affect the performance by the Contractor of its obligations hereunder or under any such other agreement or instrument.

9.4. Venue. The parties agree that should any action, whether real or asserted, as law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall be in Santa Clara County, California.

9.5. Savings Clause. If any nonmaterial provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein.

9.6. Headings. The Section and paragraph headings contained herein and the table of contents attached hereto are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement.

9.7. Amendment. This Agreement may be amended only by written agreement duly authorized and executed by the parties hereto.

9.8. Assignment. This Agreement is assignable with the written consent of both parties and shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, successors in interest, and assigns. The reasonable costs for evaluation of City approval for assignment shall be paid by Contractor. Such consent shall not be withheld unreasonably, nor shall such consent be required if of any of the following: (i) an assignment by operation of law, (ii) an assignment to an affiliate or subsidiary of Contractor, or (iii) an assignment by City to the State of California or to any agency or subdivision of the State of California or to any agency or subdivision of the State or of City if such entity undertakes responsibility of the disposal of Municipal Solid Wastes; provided, however, assignor shall remain responsible for performance of its obligations under this Agreement.

9.9. Contractor Request for Assignment. If Contractor requests the City’s consideration of and consent to an assignment, the City may reasonably deny or approve such requests. No request by Contractor for consent to any assignment need be considered by City unless and until Contractor has met the following requirements:

Contractor shall pay City its reasonable expenses for attorney’s fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment. An initial, retainer deposit payment to reimburse such costs shall be made in the amount of one hundred thousand dollars ($100,000) to the City by Contractor or the proposed assignee along with Contractor’s formal request for the City’s consideration of an assignment. City shall draw against the retainer for its actual reasonable costs of the assignment review. In the event such costs exceed the deposit amount, Contractor shall make the additional payment, beyond the initial deposit amount, upon approval of the assignment. In the event that the actual costs of the review are less than the retainer deposit amount, such unused portion of the retainer shall be returned upon the conclusion of the review of the Assignment.
43 Agenda Item # 2.

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Contractor shall furnish City with audited financial statements of the proposed Assignee’s operations for the Immediately preceding three (3) operating years. Contractor shall furnish City with satisfactory proof: (i) that the proposed Assignee has at least ten (10) years of Solid Waste management experience on a scale equal to or exceeding the scale of operations conducted by Contractor under this Agreement; (ii) that in the last five (5) years, the proposed Assignee has not suffered any significant citations or other censure from any federal, State, or local agency having jurisdiction over its Solid Waste management operations due to any significant failure to comply with State, federal, or local Environmental Laws and that the assignee has provided City with a complete list of such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste management practices in accordance with sound Solid Waste management practices in full compliance with all federal, State, and local laws regulating the collection and Disposal of Solid Waste including Hazardous Materials; and, (v) of any other information required by City to ensure the proposed assignee can fulfill the terms of this Agreement in a timely, safe, and effective manner. Under no circumstances shall City be obligated to consider any proposed assignment if Contractor is in default at any time during the period of consideration.

9.10. Notices. Notices by either party to this Agreement to the other party shall be deemed given if personally served or if sent by express mail or deposited in the United States Mail as certified mail, return receipt requested, postage prepaid, addressed to the other party as designated below, or to such other place designated in writing. Such notice shall be deemed effective on the date personally served or when actually received. Notice that a party intends to rely upon the occurrence of an event described in Section 7.1 or 7.2 hereof to suspend obligations under this Agreement may be given verbally; provided that written notice is provided immediately following such verbal notification.

To the City:

City of Los Altos, California
Attn: Director, Environmental Services and
Utilities Dept.
1 N. San Antonio Road,
Los Altos, CA 94022
To Contractor:

International Disposal Corp. of California, Inc.

Attn: General Manager
Newby Island Resource Recovery Park
1601 Dixon Landing Road
Milpitas, CA 95035

9.11. Waiver. A waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any other breach of such provision or of any other provision, nor shall any failure to enforce any provision hereof operate as a waiver of such provision.

9.12. Governing Law. It is understood and agreed by the parties that the law of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall govern the interpretation of this Agreement. 44 Agenda Item # 2.

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9.13. Attorney’s Fees. If legal action is instituted to enforce this Agreement the prevailing party shall be entitled to reasonable attorneys’ fees and actual costs incurred in connection with such action.

9.14. Severability. Should any portion of this Contract be determined to be void or unenforceable, such shall be severed from the whole and the Contract will continue as modified.

9.15. Disputes. Should a dispute or controversy arise concerning provisions of this Contract or the performance of work hereunder, the parties may elect to submit such to a court of competent jurisdiction.

9.16. Entire Agreement. The parties agree that this Agreement represents the full and entire agreement between the parties to this Agreement with respect to matters covered herein.

This Agreement completely replaces and supersedes any prior agreements between the parties except for any indemnification obligations or other obligations that by their nature survive.

THE PARTIES TO THIS AGREEMENT hereby indicate their acknowledgment and acceptance of the terms and conditions stated herein by the following signatures of their duly authorized representatives.

The City of Los Altos International Disposal Corp. of California, Inc.

By:

Name:

Title:

By:

Name:

Title:
45 Agenda Item # 2.

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EXHIBIT A Rates/Tipping Fees
Material Tipping Fee Taxes, effective April 2022
(included in Tipping Fee)
Municipal Solid Waste $52.00 $19.66
Mixed C&D $89.00 $0.38
Source Separated C&D* $30.00 $0.38
Clean Concrete Lesser of $30/ton or Gate Rate $0.38
Clean Soil** Lesser of $30/ton or Gate Rate $0.38
* Source Separated C&D means inerts, drywall, wood, clean fill up to 10 yards, and other materials as determined by Contractor.
* Clean Soil means soil originating from existing residential properties in quantities less than ten cubic yards. Soil originating from commercial and industrial locations requires profiling before acceptance.

Tipping Fees shall be adjusted annually in accordance with Section E of the Agreement. 46 Agenda Item # 2.

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EXHIBIT B Monthly Reporting

1. Materials Received
Date
Weight
Ticket
Number
Material
Type
Received
Weight
of Load
(tons)
Charge
Rate
($/T)
Load
Cost ($)
..

Monthly
Totals

2. Compost and other usable products provided to City
Date
Weight
Ticket
Number
Material
Type
Received
Weight
of Load
(tons)
Charge
Rate
($/T)
Load
Cost ($)
..

Monthly
Totals
47 Agenda Item # 2.

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EXHIBIT C Insurance Requirements
CONTRACTOR shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required blanketform endorsements to: Project Manager, City of Los Altos, 1 N. San Antonio Road, Los Altos, CA 94022
Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, with limits no less than $5,000,000 or $5,000,000 aggregate per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. CGL insurance must include coverage for the following:
a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Explosion, Collapse and Underground (UCX) exclusion deleted g. Contractual Liability with respect to this Agreement h. Broad Form Property Damage
i. Independent Consultants Coverage
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.

2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation/Employer’s Liability: CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and it will comply with such provisions before commencing work under this Agreement. To the extent CONTRACTOR has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement CONTRACTOR shall maintain insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 48 Agenda Item # 2.

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4. Umbrella or Excess Liability: Umbrella or Excess Insurance. If umbrella or an excess liability insurance policy is used to satisfy the minimum requirements for CGL or Automobile Liability insurance coverage listed above, the umbrella or excess liability policies shall provide coverage at least as broad as specified for the underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf.”.

CONTRACTOR shall provide a “follow form” endorsement or schedule of underlying coverage satisfactory to the CITY indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

5. If applicable, The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the umbrella or excess policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts or equipment furnished in connection with such work or operations. If CONTRACTOR maintains broader coverage, umbrella or excess coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage, umbrella or excess coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and any other coverages shall be available to the CITY.

Other Insurance Provisions. The insurance policies are to contain, or be endorsed via blanketform endorsement to contain, the following provisions:

Additional Insured Status. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy and the Automobile Liability policy, with endorsements under CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage, with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts or equipment furnished in connection with such work or operations.

Primary Coverage. For any claims related to this contract, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

Notice of Cancellation. Each insurance policy required above other thank workers’ compensation and, if applicable umbrella, shall be endorsed via blanket-form endorsement to state that coverage shall not be canceled except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the CITY.

Waiver of Subrogation. CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any blanket-form endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.
49 Agenda Item # 2.

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Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall be at the sole risk of CONTRACTOR.

Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

Claims Made Policies. If any of the required policies provide claims-made coverage:

6. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

7. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work.

8. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the CONSULTANT must purchase “extended reporting” coverage for a minimum of three (3) years after completion of contract work.

Verification of Coverage. CONTRACTOR shall furnish the CITY with original certificates and blanket-form amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them.
50 Agenda Item # 2.

Resolution No. 2022-XX Page 1

ATTACHMENT A
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH INTERNATIONAL DISPOSAL CORP. OF CALIFORNIA, INC
(REPUBLIC SERVICES)
WHEREAS, Contractor owns and operates the Newby Island sanitary landfill and associated recycling facilities (“Newby Island”) and is currently providing service to the City; and WHEREAS, City desires to contract for recycling and long-term disposal of Municipal Solid Waste at the currently used Newby Island Landfill; and
WHEREAS, the City and Contractor desire that the Newby Island Landfill remain available to the City as a fully permitted facility in order to receive Municipal Solid Waste from the City for recycling and disposal in accordance with this Agreement; and WHEREAS, the initial term of this Agreement shall commence on November 21, 2023 and shall continue for a period of the lesser of (i) fifteen years or (ii) the useful life of Newby Island, which for purposes of this Agreement means that the permitted capacity of the landfill is met; and
WHEREAS, the proposed tipping fee of $52 per ton, for the disposal of municipal solid waste, is competitive with other similar agreements for neighboring jurisdictions and guarantees long-term capacity and stable tipping fees for the term of the agreement.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorize the City Manager to enter into an agreement with International Disposal Corporation of California, inc. (Republic Services).

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ___ day of ____, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, INTERIM CITY CLERK
51 Agenda Item # 2.

AGENDA REPORT SUMMARY

Reviewed By:

City Manager City Attorney
GE
Interim Finance Director
JH SN
Meeting Date: September 20, 2022
Subject: Construction Contract Award: Annual Street Resurfacing and City Alley Resurfacing Project (TS-01001, TS-01004, TS-01009, TS-01003, TS-01005, TS-01006, TS-01008, TS-01060, TS01052, TS-01007, and TS-01022) and authorize the Interim Finance Director to amend the FY 2022/23 CIP budget
Prepared by: Morgan Loatfi, Special Projects Manager
Reviewed by: Jim Sandoval, Director of Public Works
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Project Map

2. Bid Summary dated August 12, 2022

3. Resolution 2022-__
Initiated by:

City Council CIP Projects (TS-01001, TS-01004, TS-01009, TS-01003, TS-01005, TS-01006, TS-01008, TS-01060, TS-01052, TS-01007, and TS-01022)
Previous Council Consideration:

None
Fiscal Impact:

The construction project will cost $6,006,256, and with the 15% contingency of $900,938 and project soft costs of $89,860, total project costs are estimated to be $6,997,054. The City has sufficient funds for the project. However, staff is proposing some transfers between funds in the adopted FY 22/23 CIP budget, along with an appropriation of $930,672 in Gas Tax and $310,180 in SB1/RMNA funds received from the state that were not reflected in the adopted budget, and an appropriation of $581,815 of Measure B funds anticipated from the VTA in FY 22/23. These transfers and appropriations will allow staff to fund the various construction tasks (e.g., paving, safe routes to school (SR2S), Cuesta traffic calming revisions, etc.) from the appropriate CIPs and funding sources. Additional budget is not requested for the project. Based on the lowest responsive and responsible bidder, the estimated project costs and funding sources are broken down, as follows:
52 Agenda Item # 3.

ESTIMATED COST
Project Item Project Budget
Construction $ 6,006,256
Construction Contingency (15%) $ 900,938
Inspection $ 79,860
Printing/Advertising/Mailing/Misc. $ 10,000
Estimated Total Cost $ 6,997,054
Breakdown of Approved CIP Funds Available
CIP # CIP Name Funding Source Approved Funds
Available
TS-01001* Annual Street Resurfacing Project Gas Tax, Measure B, RMNA/SB1,
CIP/GF
$ 4,584,790
TS-01004* Annual Street Slurry Seal Project Gas Tax, CIP/GF $ 1,541,987 TS-01009* Annual City Alley Resurfacing Project Gas Tax/GF $ 149,261** TS-01003* Annual Street Striping Project Gas Tax, CIP/GF $ 286,964 TS-01005* Annual Concrete Repair Project CIP/GF $ 518,074 TS-01006* Annual Traffic Sign Replacement Project CIP/GF $ 294,821 TS-01008* Annual ADA Improvements Project
(Street and Roadways)
CIP/GF $ 211,757
TS-01060* SR2S Improvement Project VRF*** $ 300,000
TS-01052* Annual Bicycle/Pedestrian Access
Improvements Project
CIP/GF $ 583,994
TS-01007* Annual Neighborhood Traffic
Management Project
VRF*** $ 50,000
TS-01022* Annual Collector Street Calming Project VRF*** $ 163,851 Total Project Budget $ 8,685,499
NOTES:
* Approved project budgets include the Fiscal Year 21/22 and 22/23 budgets and rollover funds from previous years. ** TS-01009 has $100,000 in approved FY 22/23 Gas Tax funds budgeted. A transfer of $49,261 from TS-01001 Annual Street Resurfacing (General Fund) is needed to fully fund the Alley Resurfacing bid item. *** Transfer from Traffic Impact Fee Fund, upon Council authorization in attached Resolution -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------  Estimated Total Cost of $6,997,054 already included in approved budget? Yes  Amount above budget requested: $0
53 Agenda Item # 3.

Categorically Exempt pursuant to CEQA Section 15301(c) consisting of the operation, repair and maintenance of existing facilities such as streets and involves negligible or no expansion of existing or former use.

Policy Question(s) for Council Consideration:

None
Summary:
 The Annual Street Resurfacing and City Alley Resurfacing Project includes the annual scope of work to resurface Los Altos streets and alleys and integrates mobility enhancements to improve safety for all modes of transport, with an emphasis on safer routes to schools. All work supports the Council Priorities of Community Safety and Asset Management.  On July 20, 2022, the City advertised the Annual Street Resurfacing and City Alley Resurfacing Project for bidding.
 On August 11, 2022, the City received and opened three (3) bids in a public virtual session.  The Council-approved CIPs listed in the Fiscal Impact section above will fund the project.

Staff Recommendation:

Staff recommend the City Council adopt a resolution to A) award the Base Bid, Additive Alternate No. 2, and Additive Alternate No. 3 for the Annual Street Resurfacing and City Alley Resurfacing Project to O’Grady Paving, Inc. and authorize the City Manager to execute a contract in the amount of $6,006,256, B) authorize the City Manager to execute change orders up to 15% ($900,938) of the construction contract, and C) authorize the Interim Finance Director to amend the FY 2022/23 CIP budget, as follows:

1. transfer $51,069 from CIP TS-01001 (General Fund) to CIP TS-01003

2. transfer $49,261 from CIP TS-01001 (General Fund) to CIP TS-01009

3. transfer $50,000 from the Traffic Impact Fee budget in CIP TS-01007 to the Vehicle Registration Fee budget

4. transfer $163,851 from the Traffic Impact Fee budget in CIP TS-01022 to the Vehicle Registration Fee budget

5. transfer $300,000 from the Traffic Impact Fee budget in CIP TS-01060 to the Vehicle Registration Fee budget

6. appropriate $930,672 in unallocated Gas Tax funds into CIP TS-01001

7. appropriate $310,180 in unallocated SB1/RMNA funds into CIP TS-01001

8. appropriate $581,815 in anticipated Measure B funds, into CIP TS-01001 54 Agenda Item # 3.

Background
The Annual Street Resurfacing (TS-01001), Annual Street Slurry Seal (TS-01004), Annual Street Striping (TS-01003), and Annual City Alley Resurfacing (TS-01009) capital improvement projects (CIPs) are dedicated to repairing and maintaining asphalt concrete (AC) roadways and alleyways in the City. Annual Concrete Repair (TS-01005), Annual Traffic Sign Replacements/Additions (TS-01006), Annual ADA Improvements (Streets & Roadways) (TS-01008), Safe Routes to School (SR2S) Improvement Projects (TS-01060), Annual Bicycle/Pedestrian Access Improvements (TS-01052), Annual Neighborhood Traffic Management (TS-01007), and the Annual Collector Street Calming (TS-01022) CIPs will also support the subject project by integrating mobility enhancements to improve safety for all modes of transport, with an emphasis on safer routes to schools. All work supports the Council Priorities of Community Safety and Asset Management This year, all eleven CIPs are combined into one large project--“Annual Street Resurfacing and City Alley Resurfacing”—to take advantage of economies of scale. This is especially important during a year of historic inflation and several years of high-cost escalation in the construction industry owing to the pandemic, supply chain delays, labor shortages, the high price of oil, etc. Given the unprecedented economic climate, the bids were high, and the FY 2021/22 CIP budgets reserved for this FY 2021/22 street resurfacing project had to be supplemented with resurfacing funds from the FY 22/23 budget.

The streets and alleys to be upgraded and resurfaced are shown in Attachment 1—Project Map. This work includes localized pavement damage repairs (digouts) and overlaying entire roadway segments with asphalt-concrete or a protective seal coat called “microsurfacing”. The work includes restriping roadways after the resurfacing to replace the striping that is paved over.

The street segments selected this year align with the roadway infrastructure condition assessments detailed in the City’s pavement management analysis, which is updated every 2-3 years, and supports the Council’s goal of achieving a Pavement Condition Index (PCI) of 75 by 2026. Staff is updating the pavement management analysis this fiscal year to get an updated PCI value. The prior one was completed in 2019 and yielded a PCI of 68.

SR2S and “complete streets” enhancements include extensive new high visibility striping and enhanced signage to delineate safer routes for pedestrians and bicyclists while improving visibility for motorists. The street areas receiving SR2S and “complete streets” enhancements are as follows. 55 Agenda Item # 3.

Subject: Construction Contract Award: Annual Street Resurfacing and City Alley Resurfacing Project (TS-01001, TS-01004, TS-01009, TS-01003, TS-01005, TS-01006, TS-01008, TS-01060, TS-01052, TS-01007, and TS-01022) and authorize the Interim Finance Director to amend the FY 2022/23 CIP budget
September 20, 2022 Page 5
No Street Segment School
1 Almond Ave San Antonio Rd to El Monte
Ave
Almond Elem. /
LAHS
2 Edith Ave Cypress Dr to 4th St Gardner Bullis Elem.
3 Berry Ave Springer Rd to Miramonte Ave Loyola Elem.
4 Springer Rd Fremont Ave to Berry Ave Loyola Elem.
5 Oak Ave Marinovich Wy to Truman Ave Oak Ave Elem.
6 Santa Rita Ave Portola Ave to Van Buran St Santa Rita Elem. 7 Los Altos Ave Portola Ave to Pine Ln Santa Rita Elem. 8 Covington Rd Miramonte Ave to Grant Rd Blach Middle
9 Portola Ave Los Altos Ave to San Antonio
Rd
Egan Middle
10 St Joseph Ave Foothill Exp to Rancho San
Antonio Park
Bike Blvd –
Montclaire
11 Eva Ave St Joseph Ave to Granger Ave Bike Blvd –
Montclaire
12 Miramonte Ave & Berry Ave All-Way STOP Spot Improvement 13 Jordan Ave & E Portola Ave All-Way STOP Spot Improvement 14 S. El Monte Ave & Hawthorne Ave X-Walks Spot Improvement 15 Miramonte Ave X-Walks (Loraine Ave to A St) Spot Improvement 16 Grant Rd X-Walk at Woodland Branch Library Spot Improvement 56 Agenda Item # 3.

The bid package also includes three optional “additive alternates”, as follows:
 Additive Alternate 1, which develops a designated student drop-off zone behind Los Altos High School on Jardin Drive, including safer accessibility improvements for bicyclists and pedestrians.
 Additive Alternate 2, which replaces the existing asphalt speed tables on Cuesta Drive with rubberized speed tables and striping and signage enhancements. The redesign was necessary a) to comply with Santa Clara County Fire Department (SCCFD) speed hump/table specifications for emergency vehicles
b) because Cuesta Drive is a SCCFD Primary Emergency Response Route and a City of Los Altos Evacuation Route, and
c) the existing speed tables make emergency response more difficult because they significantly slow down emergency response times and necessitate pauses to medical care as ambulance vehicles drive over them.
 Additive Alternate 3: St. Joseph Sidewalk Gap Closure Project, which creates a safer route for students attending Montclaire Elementary School. The project includes a new concrete sidewalk, ADA ramps, curb and gutter, street resurfacing, striping and signage, and other improvements.

Discussion/Analysis
On July 20, 2022, the City advertised the Annual Street Resurfacing and City Alley Resurfacing project.

On August 11, 2022, three (3) bids were received and opened in a virtual public bid opening via RingCentral. The bid result summary is provided in Attachment 2. The lowest responsive and responsible bidder is O’Grady Paving, Inc. for a Base Bid of $5,711,830.95.

The funding summarized above is sufficient to award the Base Bid ($5,711,830.95), Additive Alternative 2 ($123,600.00), and Additive Alternate No. 3 ($170,825.00), along with a 15% as-needed contingency.

The Complete Streets Commission have voted unanimously in support of Additive Alternates 2 and 3 and both projects have undergone extensive public outreach from planning through final design.

1 The next final draft of the CSMP is scheduled to come back to Council for a final review in October 2022. 57 Agenda Item # 3.

Subject: Construction Contract Award: Annual Street Resurfacing and City Alley Resurfacing Project (TS-01001, TS-01004, TS-01009, TS-01003, TS-01005, TS-01006, TS-01008, TS-01060, TS-01052, TS-01007, and TS-01022) and authorize the Interim Finance Director to amend the FY 2022/23 CIP budget
September 20, 2022 Page 7
Staff does not recommend awarding Additive Alternate 1—Jardin Drive student drop-off zone--to help solve the high school’s student-drop-off traffic problem along Almond Avenue owing to the high cost to the City ($334,693.90) for a solution that is not guaranteed to solve the problem. However, the Streets Division recently installed a more economical drop-off zone on Jardin Drive as a trial for the current school year. Public Works and Police staff are deeply invested in assisting the high school with solving the student drop-off congestion problem through educating parents and student, traffic monitoring and enforcement, and other means.

Public notices will be sent to residents as soon as the Annual Street Resurfacing and City Alley Resurfacing project is awarded by the Council. Residents will be provided with information to follow the project details, schedule, and updates on the City website. The Contractor will also be required to distribute notification letters to affected residents and post street signages at least 48-hours prior to start of work.

Recommendation
Adopt a resolution to A) award the Base Bid, Additive Alternate No. 2, and Additive Alternate No. 3 for the Annual Street Resurfacing and City Alley Resurfacing Project to O’Grady Paving, Inc. and authorize the City Manager to execute a contract in the amount of $6,006,256, B) authorize the City Manager to execute change orders up to 15% ($900,938) of the construction contract, and C) authorize the Interim Finance Director to amend the FY 2022/23 CIP budget, as follows:

1. transfer $51,069 from CIP TS-01001 (General Fund) to CIP TS-01003

2. transfer $49,261 from CIP TS-01001 (General Fund) to CIP TS-01009

3. transfer $50,000 from the Traffic Impact Fee budget in CIP TS-01007 to the Vehicle Registration Fee budget

4. transfer $163,851 from the Traffic Impact Fee budget in CIP TS-01022 to the Vehicle Registration Fee budget

5. transfer $300,000 from the Traffic Impact Fee budget in CIP TS-01060 to the Vehicle Registration Fee budget

6. appropriate $930,672 in unallocated Gas Tax funds into CIP TS-01001

7. appropriate $310,180 in unallocated SB1/RMNA funds into CIP TS-01001

8. appropriate $581,815 in anticipated Measure B funds, into CIP TS-01001 58 Agenda Item # 3.

N
W E
S

CITY OF LOS ALTOS

ENGINEERING SERVICES DEPARTMENT

SANTA CLARA COUNTY, CALIFORNIA
2022 Resurfacing
Project Map
59 Agenda Item # 3.

Attachment No. 2
8/12/2022 BIDS HAVE BEEN VERIFIED

Page 1 of 1 ends

CITY OF LOS ALTOS
2022 STREET RESURFACING AND CITY ALLEY RESURFACING
PROJECT (TS-01001, TS-01004, TS-01009, TS-01003, TS-01005, TS-01006, TS-01008, TS-01060, TS-01052, TS-01007, and TS-01022)

BID OPENING
August 11, 2022, 2:00 PM
City of Los Altos Civic Center
One North San Antonio Road
Los Altos, CA 94022
CONTRACTOR BASE BID ADD ALT 1 ADD ALT 2 ADD ALT 3 TOTAL BID O’Grady, Paving Inc. $5,711,830.95 $334,693.90 $123,600.00 $170,825.00 $6,340,949.85 Granite Rock
Company
$5,975,905.10 $342,816.00 $165,000.00 $173,100.00 $6,656,821.10 Interstate Grading &
Paving
$6,102,479.40 $341,461.80 $110,700.00 $121,495.00 $6,676,136.20 60 Agenda Item # 3.

Resolution No. 2022-__ Page 1
RESOLUTION NO. 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS

FOR AWARD OF CONSTRUCTION CONTRACT FOR ANNUAL STREET

RESURFACING AND CITY ALLEY RESURFACING PROJECT AND
AUTHORIZATION TO AMEND THE FISCAL YEAR 2022/23 CIP BUDGET WHEREAS, the Annual Street Resurfacing and City Alley Resurfacing Project includes the annual scope of work to resurface Los Altos streets and alleys and integrates mobility enhancements to improve safety for all modes of transport, with an emphasis on safer routes to schools.

WHEREAS, all work supports the Council Priorities of Community Safety and Asset Management; and
WHEREAS, on July 20, 2022, the City advertised the Annual Street Resurfacing and City Alley Resurfacing Project for bidding; and
WHEREAS, on August 11, 2022, the City received and opened three (3) bids in a public virtual session; and
WHEREAS, the FY 22/23 Council-approved CIP budget has adequate funding to fund the project.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby adopt a resolution to:

1. Award the Base Bid, Additive Alternate No. 2, and Additive Alternate No. 3 for the Annual Street Resurfacing and City Alley Resurfacing Project to O’Grady Paving, Inc., and authorize the City Manager to execute an agreement with O’Grady Paving, Inc. in an amount not to exceed $6,006,256,

2. Authorize the City Manager to execute change orders up to 15% ($900,938) of the construction contract,

3. Authorize the City Manager to take such further actions as may be necessary to implement the foregoing agreement, and

4. Authorize the Interim Finance Director to amend the FY 2022/23 CIP budget, as follows:
a) transfer $51,069 from CIP TS-01001 (General Fund) to CIP TS-01003 b) transfer $49,261 from CIP TS-01001 (General Fund) to CIP TS-01009 c) transfer $50,000 from the Traffic Impact Fee budget in CIP TS-01007 to the Vehicle Registration Fee budget
61 Agenda Item # 3.

Resolution No. 2022-__ Page 2
d) transfer $163,851 from the Traffic Impact Fee budget in CIP TS-01022 to the Vehicle Registration Fee budget
e) transfer $300,000 from the Traffic Impact Fee budget in CIP TS-01060 to the Vehicle Registration Fee budget
f) appropriate $930,672 in unallocated Gas Tax funds into CIP TS-01001 g) appropriate $310,180 in unallocated SB1/RMNA funds into CIP TS-01001 h) appropriate $581,815 in anticipated Measure B funds, into CIP TS-01001 I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 20th day of September 2022 by the following vote:

AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, Interim City Clerk
62 Agenda Item # 3.

Reviewed By:

City Manager City Attorney
JM
Finance Director
JH SN

AGENDA REPORT SUMMARY
Meeting Date: September 20, 2022
Subject Emergency Declaration Resolution
Prepared by: Jon Maginot, Assistant City Manager
Approved by: Gabe Engeland, City Manager
Attachment(s):

1. Resolution No. 2022-xx
Initiated by:

Staff
Previous Council Consideration:

March 12, 2020 (Declaration of Emergency); March 17, 2020; August 24, 2021; October 12, 2021; November 9, 2021; December 7, 2021; January 11, 2022; February 8, 2022; March 8, 2022; April 12, 2022; May 10, 2022; June 14, 2022; July 12, 2022; August 4, 2022; August 23, 2022 Fiscal Impact:

None; however, a local emergency declaration is a prerequisite for requesting state or federal assistance.

Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the Council wish to renew its existing declaration by adopting a resolution declaring a local emergency to emphasize the need for continued adherence to public health guidance?
Summary:
 AB 361 requires the City to adopt a resolution every 30 days extending a local emergency declaration to continue to allow legislative bodies to meet virtually Staff Recommendation:

Adopt a Resolution extending the declaration of a local emergency due to the COVID-19 pandemic 63 Agenda Item # 4.

Subject: Emergency Declaration Resolution
September 20, 2022 Page 2
Purpose
To adopt a resolution extending the existing declaration of emergency Background
On March 12, 2020, the City Manager issued an Emergency Declaration in response to the COVID-19 pandemic. On March 17, 2020, the City Council adopted Resolution No. 2020-08 ratifying the Emergency Proclamation. The City Council subsequently adopted resolutions monthly beginning in October 2021 continuing the declaration of the existence of a local emergency due to the COVID-19 pandemic.

The threat posed by COVID-19 continues to pose a serious risk to the public health and safety of the City of Los Altos.

Discussion/Analysis
AB 361, signed into law on September 15, 2021, allows a public agency to continue to hold virtual City Council and Commission meetings while under a declaration of emergency without complying with certain elements of the Ralph M. Brown Act. The bill requires that a legislative body renew the declaration of emergency every 30 days in order to continue meeting in this manner. AB 361 applies to local agencies until January 1, 2024.

Recommendation
The staff recommends Council adopt the attached resolution extending the declaration of emergency due to the COVID-19 pandemic.
64 Agenda Item # 4.

Resolution No. 2022-XX Page 1
ATTACHMENT 1
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS

DECLARING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE COVID-19 PANDEMIC
WHEREAS, on March 12, 2020, the Los Altos City Manager, in his capacity as the City’s Director of Emergency Services, proclaimed a local emergency in response to the escalation of COVID-19 to a pandemic, and on March 17, 2020, the City Council adopted Resolution 2020-08 ratifying and continuing the proclamation of local emergency; and
WHEREAS, since October 2021, the City Council has monthly adopted resolutions extending the declaration of a local emergency; and
WHEREAS, by the beginning of August 2022, over 2,300 Santa Clara County residents had died of COVID-19; and
WHEREAS, due to the diligence of Los Altos residents in complying with health guidance Los Altos has one of the lowest rates of reported incidence of COVID-19 infection in Santa Clara County; and
WHEREAS, vaccines provide proven protection against COVID-19; and WHEREAS, by the beginning of August 2022, approximately 92 percent of Santa Clara County residents over the age of 5 had been vaccinated, and statewide vaccination rates were higher than the national average; and
WHEREAS, the Governor lifted the Blueprint for a Safer Economy on June 15, 2021, and local health restrictions have also been lifted due to sharp declines in COVID-19 case counts since vaccines first became available; and
WHEREAS, despite progress in addressing the pandemic, not all eligible individuals are fully vaccinated, and new, more virulent variants of the SARS-CoV-2 virus are spreading in California and throughout the world; and
WHEREAS, although breakthrough infections are rare for fully vaccinated individuals, available COVID-19 vaccines have proven less effective against variants than against prior strains of the SARS-CoV-2 virus; and
WHEREAS, despite significant progress, COVID-19 remains a threat to public health and safety in the Los Altos community; and
WHEREAS, throughout the pandemic, the City of Los Altos has taken steps to address the health crisis, for example, by facilitating outdoor dining within the City; and 65 Agenda Item # 4.

Resolution No. 2022-XX Page 2
ATTACHMENT 1
WHEREAS, AB 361 requires the City Council make findings every thirty (30) days reaffirming the existence of a local emergency; and
WHEREAS, in view of the ongoing health crisis, the City Council now desires to affirm its existing declaration of local emergency.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Los Altos that:

1. The City Council has reviewed the need for continuing the declaration of local emergency and finds, based on substantial evidence, that the foregoing recitals are true and correct and that the public interest and necessity require the continuance of the proclamation of local emergency related to COVID-19.

2. Said local emergency shall be deemed to continue to exist until terminated by the City Council of the City of Los Altos.

3. The Director of Emergency Services is hereby directed to report to the City Council within thirty (30) days on the need for further continuing the local emergency. At this If deemed appropriate the City Council may take further action.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, INTERIM CITY CLERK
66 Agenda Item # 4.

Reviewed By:

City Manager City Attorney
GE
Interim Finance Director
JH SN

AGENDA REPORT SUMMARY
Meeting Date: September 20, 2022
Subject Consider approval of Amendment No. 1 to the Professional Services Agreement with Freyer & Laureta, Inc. for the CIPP Corrosion Rehabilitation, Project WW-01005; find that the approval of the amendment is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301
Prepared by: Thanh Nguyen, Senior Civil Engineer
Reviewed by: Aida Fairman, Environmental Services and Utilities Director Approved by: Gabriel Engeland, City Manager
Attachments:

Attachment A – Resolution No. 2022-__
Initiated by:

Staff
Previous Council Consideration:
• September 30, 2021 – Approval of the Agreement Between the City Of Los Altos and Freyer & Laureta, Inc. for the Professional Engineering Services for CIPP Corrosion Rehabilitation, Project WW-01005
Fiscal Impact:

Amendment No. 1 to the Professional Engineering Services for CIPP Corrosion Rehabilitation, Project WW-01005 will be in the not-to-exceed amount of $31,150 (for construction inspection services):
- The proposed Amendment No. 1 will increase the total contract value from $151,100 to $182,250.
- The funds for this Amendment No. 1 are already included in the approved Environmental Services and Utilities Department Sewer CIP project budget for FY 2022-2023 in the amount of $917,386.

Environmental Review:

The approval of the amendment is categorically Exempt from review under CEQA pursuant to CEQA Guidelines Section 15301(b) (Existing Facilities), in that the project consists of the repair and maintenance or minor alteration of existing sewerage publicly-owned sewerage facilities 67 Agenda Item # 5.

Subject: Consider approval of Amendment No. 1 to the Professional Services Agreement with Freyer & Laureta, Inc. for the CIPP Corrosion Rehabilitation, Project WW01005; find that the approval of the amendment is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301
September 20, 2022 Page 2
involving negligible or no expansion of existing or former use, and none of the circumstances stated in CEQA Guidelines Section 15300.2 applies.

Summary:
• This Amendment No. 1 would provide additional funds for general daily construction inspection services for the CIPP Corrosion Rehabilitation, Project WW-01005.

Staff Recommendation:

Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Freyer & Laureta, Inc. in the amount not-to-exceed of $31,150 for construction inspection services for the CIPP Corrosion Rehabilitation, Project WW-01005, for a total contract amount of $182,250.
68 Agenda Item # 5.

Subject: Consider approval of Amendment No. 1 to the Professional Services Agreement with Freyer & Laureta, Inc. for the CIPP Corrosion Rehabilitation, Project WW01005; find that the approval of the amendment is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301
September 20, 2022 Page 3
Purpose
Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Freyer & Laureta, Inc. in the amount not-to-exceed of $31,150 for construction inspection services for the CIPP Corrosion Rehabilitation, Project WW-01005, for a total contract amount of $182,250.

Background
The 2013 Sanitary Sewer Master Plan Update recommended the rehabilitation of pipe segments at various locations throughout the City. This project consists of lining four trunk sewer main segments located on El Camino Real. These four lines range in size from 27 to 30 inches in diameter and would be rehabilitated using the trenchless method of Cured-In-Place Pipe (CIPP) lining.

On September 30, 2021, the City entered into an agreement in the amount of $151,100 with Freyer & Laureta, Inc. for the CIPP Corrosion Rehabilitation, Project WW-01005. The work included performing professional engineering services and preparing plans, specifications, and Engineer’s estimate. Currently, the project is moving toward the construction phase and needs inspection services to be performed in the near future. This is a specialty inspection that is always performed by outside inspectors. Additional funds are now being requested to contract with Freyer & Laureta, Inc. to perform construction inspection services for the project.

Discussion/Analysis
The proposed Amendment No. 1 would extend Freyer & Laureta’s services to include the daily construction inspection services until the project is constructed and closed out. Tasks include, but are not limited to, full-time daily site visits, preparation of the construction daily construction reports, coordination with the City’s Project Manager, the project contractor, and other agencies.

Recommendation
Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Freyer & Laureta, Inc. in the amount not-to-exceed of $31,150 for construction inspection services for the CIPP Corrosion Rehabilitation, Project WW-01005, for a total contract amount of $182,250.
69 Agenda Item # 5.

ATTACHMENT A

Page 1 ends

RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH FREYER &

LAURETA FOR THE CIPP CORROSION REHABILITATION,
PROJECT WW-01005 IN AN AMOUNT NOT-TO-EXCEED $31,150
WHEREAS, the project, which consists of lining four trunk sewer main segments located on El Camino Real, will provide necessary rehabilitation to the City’s sanitary sewer system to ensure its proper functioning; and
WHEREAS, Fryer & Laureta has satisfactory completed similar projects for the City of Los Altos and other municipalities; and
WHEREAS, the project is Categorically Exempt from environmental review pursuant to CEQA Section 15301 (b) consisting of the repair and maintenance or minor alteration of existing publicly-owned sewerage facilities involving negligible or no expansion of existing or former use.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby:

1. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Freyer & Laureta, Inc. in the not-to-exceed amount of $31,150 for construction inspection services for the CIPP Corrosion Rehabilitation, Project WW-01005.

2. Authorizes the City Manager to take such further actions as may be necessary to implement the foregoing agreement.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 20th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
___________________________________
Angel Rodriguez, INTERIM CITY CLERK
70 Agenda Item # 5.

Reviewed By:

City Manager City Attorney
GE
Interim Finance Director
JH SN

AGENDA REPORT SUMMARY
Meeting Date: September 20, 2022
Subject Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement
Prepared by: Thanh Nguyen, Senior Civil Engineer
Reviewed by: Aida Fairman, Environmental Services and Utilities Director Approved by: Gabriel Engeland, City Manager
Attachments:

Attachment A – Resolution No. 2022-__
Attachment 1 – Addendum 11 to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City Of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System
Initiated by:

Palo Alto Regional Water Quality Control Plant (RWQCP) Long-Range Facilities Plan Previous Council Consideration:
• June 26, 2012 – Oral presentation from the City of Palo Alto regarding the Final Draft report of the Long-Range Facilities Plan for the RWQCP for informational purposes only. • February 23, 2016 – Approval of Amendment 8 for the design of the Primary Sedimentation Tank Rehabilitation and Secondary Treatment Upgrades Projects. • May 26, 2020 – Approval of Amendment No. 10 for constructing the Primary Sedimentation Tank Rehabilitation Project.

Fiscal Impact:

The SRF loan for thein-progress primary sedimentation tank rehabilitation project is being amended from the already approved $17.0 million in Amendment 10 to a new financing amount of $19.4 million, asd detailed in Amendment 11. Loan repayments for the primary sedimentation tank rehabilitation project will begin in 2024, one year after project substantial completion.

The SRF loan for the secondary treatment upgrades project is approximately $169 million. Total project cost estimates were adjusted when new engineer’s cost estimates and design stages were completed. The requested loan amount reflects securing the initial loan with a conservative total 71 Agenda Item # 6.

Subject: Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement September 20, 2022 Page 2
project estimate. The design and construction of this project, including assicated construction management and administrative costs, will be financed through the SRF loan, which is disbursed to Palo Alto on a reimbursement basis. Pursuant to SRF policy, the first repayment occurs one year after project substantial completion, which is estimated to be in 2028, one year after project completion. The annual SRF loan repayment, which includes principal and interest, will be based on an amortized period of 30 years.

The estimated annual repayments contributed by contributing partner agency for the Primary Sedimentation Tank Rehabilitation Project and the Secondary Treatment Upgrades Project are summarized in Tables 1 and 2 below:

Table 1: CWSRF (California Clean Water State Revolving Fund) Loan Repayment Partner Agency Estimates Primary Sedimentation Tank Rehabilitation Project
Contributing Partner Agency Percent Share Annual Repayment1 Palo Alto 38.16% $282,682
Mountain View 37.89% $280,681
Los Altos 9.47% $70,152
East Palo Alto Sanitary District 7.64% $56,595
Stanford University 5.26% $38,965
Los Altos Hills 1.58% $11,704
Total: 100.00% $740,779
Note: 1. Based on CWSRF loan amount of $19,400,000 at 0.9% locked interest rate for a 30-year term
Table 2: CWSRF Loan Repayment Partner Agency Estimates
Secondary Treatment Upgrades Project
Contributing Partner Agency Percent Share Annual Repayment1 Palo Alto 38.16% $2,421,600
Mountain View 37.89% $2,404,466
Los Altos 9.47% $600,958
East Palo Alto Sanitary District 7.64% $484,828
Stanford University 5.26% $333,795
Los Altos Hills 1.58% $100,265
Total: 100.00% $6,345,912
72 Agenda Item # 6.

Subject: Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement September 20, 2022 Page 3
Note: 1. Based on CWSRF loan amount of $168,658,977 at 0.8% locked interest rate for a 30-year term
Environmental Review:

This action is not a project subject to California Environmental Quality Act (CEQA) review under section 15378(b)(4) of the CEQA Guidelines in that it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The underlying Secondary Treatment Upgrades Project is exempt under sections 15301, 15302, and 15303 of the CEQA Guidelines. The City of Palo Alto filed a Notice of Exemption for the Secondary Treatment Upgrades Project on April 2, 2021 (State Clearinghouse #2021040051).

Summary:
 The Palo Alto Regional Water Quality Control Plant (RWQCP) provides wastewater treatment services for the cities of Palo Alto, Mountain View, Los Altos, Town of Los Altos Hills, East Palo Alto Sanitary District, and Stanford University. Over the years, the costs for projects to upgrade the RWQCP have been shared proportionally by the various agencies.
 In 2012, the RWQCP Long-Range Facilities Plan (LRFP) was prepared to provide a plan for future capital improvement program projects--addressing aging equipment and increasing regulatory requirements.
 The Primary Sedimentation Tank Rehabilitation Project and the Secondary Treatment Upgrades Project address aging infrastructure.

Staff Recommendation:

Authorize the City Manager to execute Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement between the cities of Palo Alto, Mountain View, and Los Altos to fund rehabilitation and upgrade of the secondary treatment system and to increase the financing of the primary sedimentation tank rehabilitation project
73 Agenda Item # 6.

Subject: Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement September 20, 2022 Page 4
Purpose
Authorize the City Manager to execute Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement between the cities of Palo Alto, Mountain View, and Los Altos to fund rehabilitation and upgrade of the secondary treatment system and to increase the financing of the primary sedimentation tank rehabilitation project.

Background
In 1968, the cities of Mountain View and Los Altos agreed to retire their wastewater treatment plants and approved a contract with the City of Palo Alto (Basic Agreement, also referred to as the Partners Agreement) for the acquisition, construction, and maintenance of a joint wastewater treatment plant. The Plant began operating in 1972. The Basic Agreement was originally set to expire on July 1, 2035, but was extended to December 31, 2060, as part of Amendment No. 8.

The Palo Alto Regional Water Quality Control Plant (Treatment Plant) provides wastewater treatment services for the cities of Palo Alto, Mountain View, Los Altos, Town of Los Altos Hills, East Palo Alto Sanitary District, and Stanford University. Over the years, various agencies have shared project costs to upgrade the Treatment Plant.

The Treatment Plant is an advanced treatment facility that uses a multi-stage process to remove organic materials and other pollutants from approximately 17 million gallons per day of wastewater generated in the service area. The treated effluent is predominantly discharged to San Francisco Bay and meets the stringent requirements for reuse in recycled water applications. Per the Basic Agreement, Palo Alto owns and operates the Treatment Plant’s wastewater treatment and disposal facilities and is responsible for managing capital improvements to the Plant. Partner cities must amend the Basic Agreement to implement and fund major capital projects to replace obsolete or end-of-life equipment.

In 2012, the RWQCP Long-Range Facilities Plan (LRFP) was prepared to provide a plan for future capital improvement program projects--addressing aging equipment and increasing regulatory requirements. The major recommendation of the LRFP was to rehabilitate and replace existing facilities nearing the end of their useful life. The highest priority projects are being implemented over multiple years to manage resources and costs effectively.

Based on LRFP recommendations, Los Altos’ Council approved Amendment No. 8 in 2016, Amendment No. 9 in 2018, and Amendment No. 10 in 2020 to authorize the construction and costsharing of a sludge dewatering and truck loadout facility; funding for the design of the secondary treatment upgrades project; and funding for the design and construction of the primary sedimentation tank rehabilitation project. Construction of the sludge dewatering facility was completed in 2019, which was a key component of the LRFP. The primary sedimentation tank rehabilitation project is in construction and will be completed in 2023. Other facilities requiring capital improvement in the next ten years for facilities at the end of their useful life include a new 74 Agenda Item # 6.

Subject: Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement September 20, 2022 Page 5
outfall pipe, new support facilities, relining of an aging joint intercepting sewer, and a new headworks facility.

The Treatment Plant was originally constructed in 1934 and has undergone several expansions and upgrades. A key upgrade in 1972 included the construction of a biological treatment process unit (i.e., secondary treatment). The process unit consists of four concrete aeration basins (each measuring 120 feet by 135 feet and 20 feet deep) that allow the growth of specific bacteria to break down and remove organic compounds in the wastewater. Ancillary facilities included an air blower room and pump stations. This equipment delivers oxygenated process air and recirculates sludge as needed. Other equipment includes a standby power generator, electrical switchgear, and motor control centers to distribute electrical power to the process equipment. This equipment is between 28 to 50 years old and beyond its useful life. The current secondary treatment process is not able to remove nitrogen which is a new regulatory requirement to discharge treated effluent to San Francisco Bay.

Design work for the Secondary Treatment Upgrades project is complete. Construction documents have been prepared, and bids are being solicited from construction contractors. Palo Alto will then award contracts for construction and construction management.

California Clean Water State Revolving Fund (SRF) Program The State Water Resources Control Board Division of Financial Assistance administers the Clean Water State Revolving Fund (SRF) program. The SRF program provides low-interest financing to agencies for wastewater projects. Under this program, eligible projects can apply for loans with interest rates approximately half of the State General Obligation rate, resulting in lower project costs and maximizing benefits ti ratepayers and partner agencies. For the Secondary Treatment Upgrades project, Palo Alto executed a loan with the SRF program on May 9, 2022 with favorable terms, including a 0.8% locked-in interest rate, a 30-year term, project financing of approximately $169 million, and debt payments that will start one year after substantial project completion.

The total SRF loan application includes the costs for planning, design, construction, construction contingency, capital program administration, and construction management. The partner agreements with Mountain View, Los Altos, East Palo Alto Sanitary District, and Stanford University all require modification to the document commitment to the project repayment of the SRF Loan.

Discussion/Analysis
Amendment No. 11 will authorize construction funding to rehabilitate the Primary sedimentation Tank Rehabilitation Project and the Secondary Treatment Upgrades Project.

Previously, Council approved Amendment No. 10 to fund the Primary Sedimentation Tank Rehabilitation Project. Amendment No. 11 will increase the maximum amount of financing 75 Agenda Item # 6.

Subject: Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement September 20, 2022 Page 6
authorized for the construction of the Primary Sedimentation Tank Rehabilitation Project to reflect increases in project costs, including design engineering, construction management, construction contingency, program management, and construction costs.

The Primary Sedimentation Tank Rehabilitation Project addresses aging infrastructure. The primary sedimentation tanks are four in number, each 220 feet long by 41 feet wide by 14 feet deep and covered with a concrete slab. The purpose of these tanks is to remove the majority of the settleable solids. Removal of the settleable solids from the wastewater reduces the organic loading on the secondary treatment process. Electrical gear associated with the primary sedimentation tanks installed in 1972 distributes electrical power to the sludge pumping and collection equipment. Periodically, failures of aged equipment have led to partial process outages and associated expedited repairs and expensive maintenance. The project will rehabilitate the primary sedimentation tank structure and upgrade the associated mechanical and electrical equipment.

For the Primary Sedimentation Tank Rehabilitation Project, assuming an estimated maximum cost of $19.4 million, an interest rate of 0.9 percent, and a 30-year loan with repayments beginning the year after project completion, the Partners’ annual loan payments will be as shown on the first table under “Fiscal Impact” on page 2 of this report. For Los Altos, the estimated payment is $70,152 annually for 30 years. Annual payments begin approximately December 2023, with the final payment approximately December 2053.

The secondary treatment process must be upgraded to a process that removes harmful nitrogen by creating both oxygen-deficient and oxygen-rich zones in modified aeration tanks. The project will improve final water quality, ensure the Plant continues to meet effluent discharge permit limits, and allow for ultimate decommissioning of the aging bio-trickling filters and other aging equipment. The project will rehabilitate four concrete aeration basins as well as the blower room and sludge pumping stations. Equipment will be replaced, including piping and ancillary systems, extending the useful life of mechanical and electrical equipment components by at least another 30 years, while the concrete and steel structure life cycle will be extended by at least another 50 years. The scope of work includes the following for all four basins: replacement of the air bubble diffusers and the piping manifolds in the basins; replacement and automation of influent and effluent flow diversion gates; concrete work to install new flow channels for flow distribution; replacement of air blowers and sludge pumps; installation of two pump stations, a standby generator and an electrical power load center; and replacement of aging motor control centers (i.e., electrical power distribution equipment).

For the Secondary Treatment Upgrades Project, assuming an estimated maximum cost of $168.7 million, an interest rate of 0.8 percent, and a 30-year loan with repayments beginning the year after project completion, the Partners’ annual loan payments will be as shown on the second table under “Fiscal Impact” on page 2 of this report. For Los Altos, the estimated payment is $600,958 76 Agenda Item # 6.

Subject: Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement September 20, 2022 Page 7
annually for 30 years. Annual payments begin approximately June 2027, with the final payment approximately June 2057.

Recommendation
Authorize the City Manager to execute Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement between the cities of Palo Alto, Mountain View, and Los Altos to fund rehabilitation and upgrade of the secondary treatment system and to increase the financing of the primary sedimentation tank rehabilitation project
77 Agenda Item # 6.

ATTACHMENT A

Page 1 ends

RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 11

TO THE REGIONAL WATER QUALITY CONTROL PLANT BASIC

AGREEMENT BETWEEN THE CITY OF PALO ALTO, THE CITY OF

MOUNTAIN VIEW AND THE CITY OF LOS ALTOS FOR THE ACQUISITION,

CONSTRUCTION AND MAINTENANCE OF THE JOINT SEWER SYSTEM
WHEREAS, City of Palo Alto and City of Los Altos have entered a Joint Sewer System Agreement and subsequent amendments No. 1 through No. 10; and WHEREAS, the Amendment No. 11, which provides funding to rehabilitate and upgrade the Secondary Treatment Upgrades Project and increases the financing of the Primary Sedimentation Tank Rehabilitation Project; and
WHEREAS, the Project is not a project subject to California Environmental Quality Act (CEQA) review under section 15378(b)(4) of the CEQA Guidelines in that it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The underlying Secondary Treatment Upgrades Project is exempt under sections 15301, 15302, and 15303 of the CEQA Guidelines. The City of Palo Alto filed a Notice of Exemption for the Secondary Treatment Upgrades Project on April 2, 2021 (State Clearinghouse #2021040051).

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby:

1. Authorize the City Manager to execute Amendment No. 11 to the Regional Water Quality Control Plant Basic Agreement between the cities of Palo Alto, Mountain View, and Los Altos to fund rehabilitation and upgrade of the secondary treatment system and to increase the financing of the primary sedimentation tank rehabilitation project.

2. Authorizes the City Manager to take such further actions as may be necessary to implement the foregoing agreement.

ATTACHMENT A

Page 2 ends

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
___________________________________
Angel Rodriguez, INTERIM CITY CLERK
79 Agenda Item # 6.

ATTACHMENT 1
ADDENDUM NO. ELEVEN TO THE BASIC AGREEMENT BETWEEN THE CITY OF PALO

ALTO, THE CITY OF MOUNTAIN VIEW AND THE CITY OF LOS ALTOS FOR THE

ACQUISITION, CONSTRUCTION AND MAINTENANCE OF A JOINT SEWER SYSTEM This Addendum No. Eleven (11) to the Basic Agreement for the Acquisition, Construction and Maintenance of a Joint Sewer System is made and entered into on [DATE], by and among the CITY OF PALO ALTO (“Palo Alto”), the CITY OF MOUNTAIN VIEW (“Mountain View”), and the CITY OF LOS ALTOS (“Los Altos”) (individually, a “Party”, collectively, the “Parties”), all municipal corporations under the laws of the State of California.

RECITALS
A. The Parties have entered into that certain Basic Agreement Between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System, executed on October 10, 1968, as amended by the Addenda described below (collectively, the “Basic Agreement”). The Basic Agreement has been amended ten times by addenda, as follows:

Addendum No. One (1) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of December 5, 1977; Addendum No. Two (2) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of January 14, 1980; Addendum No. Three (3) to an Agreement By and Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of April 9, 1985; Addendum No. Four (4) to the Agreement By and Between the Cities of Mountain View, Los Altos, and Palo Alto as further amended and dated May 30, 1991; Addendum No. Five (5) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of July 31, 1992; Addendum No. Six (6) to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of March 16, 1998; and Addendum No.

Seven (7) to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of April 15, 2009; Addendum No. Eight (8) to the Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System dated as of October 17, 2016; Addendum No. Nine (9) to the Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated March 4, 2019; and Addendum No. Ten (10) to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated May 17, 2021 (collectively, the “Addenda”).

B. Palo Alto owns and operates the sanitary sewerage treatment and disposal works and system (the “Joint System”) pursuant to the Basic Agreement, and is responsible for making capital additions to the Joint System. Under the Basic Agreement, any major capital additions for the replacement of obsolete or wornout units require an agreement by the Parties amending the Basic Agreement.

C. The Parties now desire to increase the maximum amount of financing authorized for the construction of the Primary Sedimentation Tank Project approved by Addendum No. Ten (10) to reflect increases in Project Costs as defined therein, including design engineering, construction management, program management, and construction costs.
80 Agenda Item # 6.

ATTACHMENT 1
D. The Parties further desire to agree to construct a project to improve the Joint System by upgrading the secondary treatment process (biological process) to a process that removes harmful nitrogen by creating anoxic and aerated zones in existing aeration basins. The project will improve final water quality, ensure the Plant continues to meet effluent discharge permit limits, and allow for ultimate decommissioning of the aging biotrickling filters and other aging equipment. The Parties also agree to provide for the sharing of costs associated with this project. The project will become part of the Regional Water Quality Control Plant (the “Plant”), which is owned and operated by Palo Alto as part of the Joint System.

AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in this Addendum No. Eleven (11), the Basic Agreement is hereby amended, as follows:

Section 1. Paragraph 41 is hereby added to the Basic Agreement to read, as follows:
“41. MAXIMUM AMOUNT OF FINANCING FOR THE PRIMARY SEDIMENTATION TANK REHABILITATION PROJECT. The maximum amount of financing authorized for the Primary Sedimentation Tank Rehabilitation Project described in Paragraph 40 is increased from $17.0 million to $19.4 million.”
Section 2. Paragraph 42 is hereby added to the Basic Agreement to read, as follows:
“42. CONSTRUCTION AND IMPLEMENTATION OF THE SECONDARY
TREATMENT UPGRADES PROJECT. Palo Alto, Mountain View, and Los Altos hereby approve the construction of various improvements collectively referred to as the Secondary Treatment Upgrades or “STU” Project. The STU Project includes: new air blowers; air diffusers in aerobic zones; anoxic zone pulsed air equipment; membrane aerated biofilm reactor cassettes; slide and sluice gates and valves to isolate and throttle flows; instruments such as flowmeters and oxygen probes; power distribution equipment including standby diesel generator and power transfer equipment; and return activated sludge piping and pumping. Each Party shall pay its share of the STU Project Costs, in proportion to the capacity it owns in the Joint System or portion thereof as shown in Exhibit “H” to Addendum No. Six (6) to the Basic Agreement. “Project Costs”, as used in this Section 42, means all costs incurred in connection with the construction and implementation of these two Projects. Without limiting the generality of the foregoing, Project Costs shall include, but not be limited to: engineering and other consultants’ fees and costs, including fees incurred pursuant to agreements with engineers, contractors and other consulting, design and construction professionals; deposits, applicable permit fees; all costs to apply for and secure necessary permits from all required regional, state, and federal agencies; plan check fees, and inspection fees; construction costs; initial maintenance; attorneys’ fees and costs; insurance; interest from the date of payment on any contracts.

The Parties authorize Palo Alto to receive State Revolving Fund (“SRF”) loans from the State Water Resources Control Board (“SWRCB”) or pursue other project financing (i.e. utility 81 Agenda Item # 6.

ATTACHMENT 1
revenue bonds) to fund the costs of the Project. The maximum amount of financing for the project is one hundred sixty-nine million dollars and no cents ($169,000,000).

The SRF loan will have a thirty-year repayment term. The repayments of the SRF loan shall be treated in the same manner as debt services under the Basic Agreement and its Addenda, and repaid by the Parties in the same proportionate shares as shown on Exhibit “H” to Addendum No.

Six (6) to the Basic Agreement. The Parties further agree that, if necessary, each Party shall secure the funding necessary for repayment of the SRF loan, operations, and/or maintenance of the Projects, following any appropriate process executed under California Constitution article XIII C and D (Proposition 218).

If the SWRCB terminates its loan commitment unexpectedly following execution of the planning and/or construction contract(s) for the Project, Palo Alto shall notify the Parties promptly.

Following notification of the termination of the SRF loan commitment, the Parties shall meet in a timely manner to discuss alternative funding sources and strategies for completion of the Project. If the Parties are unable to agree on new funding sources in a timely manner, then Palo Alto shall have the right to terminate the Project.

The Parties shall remain responsible for Project Costs and loans incurred, whether before or after termination of the Project/Projects, including costs incurred in connection with the termination of Project planning/design/construction contract(s), in the same proportion to each organization’s share of Plant capacity, as stated in Exhibit “H” to Addendum No. Six (6) of the Basic Agreement. Total Project Costs shall not exceed the authorized maximum financing amount approved by Parties without prior approval of each Party’s governing body. Unless earlier terminated, the obligations and responsibilities of the Parties shall commence with the execution of Addendum No. Eleven (11) to the Basic Agreement and be in force for the term of the SRF loan or other financing.

Mountain View and Los Altos shall pay their respective shares of any Project Costs within thirty (30) business days of receipt of the quarterly billing statement sent by Palo Alto. Palo Alto shall not send more than one invoice in any thirty-day period. If a Party disputes the correctness of an invoice, it shall pay the invoice in full and the dispute shall be resolved after payment in accordance with Section 19 of the Basic Agreement, and shall not offset against any payment due.

Section 3. Except as modified herein, the Basic Agreement shall remain unchanged, and is hereby ratified and confirmed.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Addendum as of the date first written above.
82 Agenda Item # 6.

ATTACHMENT 1
83 Agenda Item # 6.

CITY COUNCIL MEETING

MINUTES
7:00 PM - Tuesday, August 23, 2022
via Videoconference

CALL MEETING TO ORDER
At 7:00 p.m. Mayor Enander called the meeting to order.

ESTABLISH QUORUM
PRESENT: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows and Mayor Enander
ABSENT: None

PLEDGE ALLEGIANCE TO THE FLAG
Elodie Guy with Troop 60078 and Julien Guy with Pack 103 led the pledge of allegiance.

REPORT ON CLOSED SESSION
Public Employment: City Manager Performance Evaluation:

Pursuant to Government Code section 54957(b)
Mayor Enander stated that a Closed Session was continued to after tonight’s Regular Meeting.

CHANGES TO THE ORDER OF THE AGENDA
No changes were requested.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
The following members of the public spoke: Kendall Nord, Jacob Sterling Silver, and Pierre Bedard.

CONSENT CALENDAR

1. Minutes: Approve Minutes of the City Council Special Meeting of August 4, 2022. (A.

Rodriguez)

2. Project Acceptance of Annual Street Striping Project TS-01003: Adopt Resolution No. 2022- ____ accepting the Annual Street Striping Project TS-01003; consider finding the project exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (D. Fisch)

3. Project Acceptance of El Monte Avenue Sidewalk Gap Closure Project TS-01038: Adopt Resolution No. 2022-XX regarding Project Acceptance of the El Monte Avenue Sidewalk Gap Closure (TS-01038); consider finding that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (N. Shahbazi) 84 Agenda Item # 7.
8/23/2022 CITY COUNCIL MEETING MINUTES Page 2 of 4

4. Quarterly Investment Portfolio Report – Quarter Ended June 30, 2022 (S. Niederhofer)

5. Emergency Declaration Resolution: Adopt a resolution extending the declaration of a local emergency due to the COVID-19 pandemic (J. Maginot)
Following a motion by Council Member Fligor, seconded by Vice Mayor Meadows, Items 1-5, were approved with the following roll call vote:

AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC HEARING

6. Prometheus Real Estate Group, Inc - 5150 El Camino Real: Consider the Proposed Vesting Tentative Subdivision Map, Inclusionary Housing, and State Density Bonus Modification for a 196-Unit Multiple Family Development at 5150 El Camino Real; consider finding that no further review under the California Environmental Quality Act (CEQA) is required for the project because the findings in CEQA Guidelines Section 15162 cannot be made (S. Gallegos) Senior Planner Sean Gallegos presented to Council.

Council Member Weinberg disclosed that he had met with the applicant. Further, his client hired BKF Engineers, which worked on 5150 El Camino Real, as an expert witness in a legal case but he has not been in a financial relationship with the company.

Council Members Fligor, Lee Eng, and Vice Mayor Meadows also disclosed that they have met with the applicant.

The Prometheus Real Estate Group presented to Council. Council Member Fligor, Lee Eng, Weinberg, Vice Mayor Meadows asked clarifying questions.

Public Comment was provided by: Giovanni Ottoline, Jacob Sterling Silver, Jeanine Valadez, Andy Dolich, and Pierre Bedard.

The Prometheus Real Estate Group team responded to some of the public comments. Council engaged in further discussion.

At 9:14 pm, Mayor Enander called a for a recess and returned the meeting back to order at 9:25 pm.

Council engaged in further discussion amongst themselves and the Prometheus Real Estate Group. 85 Agenda Item # 7.
8/23/2022 CITY COUNCIL MEETING MINUTES Page 3 of 4
Following a motion by Council Member Enander, seconded by Council Member Weinberg, the Council approved a resolution making findings, approving a vesting tentative subdivision map, inclusionary housing and density bonus modification for a 196- unit multiple-family development at 5150 El Camino Real as presented with the agreed changes to condition 26, with respect to the Parkland Dedication, once staff renumbers the conditions, and condition 42 regarding the five townhomes and to the priorities for the assignment of the BMRs as discussed and agreed upon by all parties at the meeting and making the finding that there is no further review under CEQA guidelines under section 15162 cannot be made.

Motion passed with the following roll call vote:

AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
DISCUSSION ITEMS – NONE

INFORMATIONAL ITEMS ONLY

7. Annual Development Impact Fees Report for Fiscal Year 2021

8. Tentative Council Calendar

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS Council Member Fligor inquired regarding the Complete Streets Master Plan moving further out to which Jim Sandoval, Engineering Services Director, responded.

Council Member Weinberg disclosed that he will be moving to a new residence in the north part of the City of Los Altos.

Council Member Lee Eng asked staff to look at the tape regarding the Chamber of Commerce request for funds. Mayor Enander supported this request and City Manager Engeland responded that staff would review the tape.

The Legislative Subcommittee will be looking into the ability for the Council to support ballot propositions utilizing a memo from City Attorney.

The Legislative Subcommittee is working on further recommendations for Council for a near future meeting.

City Manager Engeland gave an update of City activates. 86 Agenda Item # 7.
8/23/2022 CITY COUNCIL MEETING MINUTES Page 4 of 4

ADJOURNMENT
Mayor Enander adjourned the Regular meeting at 10:54 pm to reconvene Closes Session at 10:58 pm. At 12:04 am, Mayor Enander announced that there was nothing to report and adjourned the meeting. __________________________
Anita Enander MAYOR
ATTEST:
_____________________________________
Angel Rodriguez, INTERIM CITY CLERK
87 Agenda Item # 7.

CITY COUNCIL SPECIAL MEETING
MINUTES – COMMISSION INTERVIEWS
5:30 PM - Tuesday, August 30, 2022
via Videoconference

CALL MEETING TO ORDER
At 5:32 p.m. Mayor Enander called the meeting to order.

ESTABLISH QUORUM
PRESENT: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows and Mayor Enander
ABSENT: None

DISCUSSION ITEMS

1. A. Conduct Interviews for Commission Vacancies
B. Council discussion of applicant pool, credentials and qualifications C. Council discussion of nomination/voting procedure for making appointments The Council conducted interviews of interested candidates.

2. Letter to County of Santa Clara regarding Stanford University Community Plan Update After Council discussion and following a motion by Council Member Fligor, seconded by Council Member Lee Eng, to approve and delegate authority to the Mayor to execute the letter and forward it on to the Santa Clara County Board of Supervisors Planning Commission and also delegate authority to the Mayor to make changes that still fall within the intent of the letter before the Council passed with the following roll call vote:

AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None

ADJOURNMENT
Mayor Enander adjourned the meeting at 8:47 pm.
__________________________
Anita Enander MAYOR
ATTEST:
_____________________________________
Angel Rodriguez, INTERIM CITY CLERK
88 Agenda Item # 8.

CITY COUNCIL MEETING

MINUTES
7:00 PM - Tuesday, September 06, 2022
via Videoconference

CALL MEETING TO ORDER
At 7:00 p.m. Mayor Enander called the meeting to order.

ESTABLISH QUORUM
PRESENT: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows and Mayor Enander
ABSENT: None

PLEDGE ALLEGIANCE TO THE FLAG
Ivy Berger-Morris and Siri Satish with Troop 60762 led the pledge of allegiance.

Mayor Enander announced that City Manager England was delayed, and Assistant City Manager Jon Maginot will be Acting City Manager while he arrives.

REPORT ON CLOSED SESSION
No closed session, nothing to report.

CHANGES TO THE ORDER OF THE AGENDA
No changes were requested.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
There were none.

CONSENT CALENDAR

1. Accept Annual Development Impact Fees Report (J. Du)

2. Minutes: Approve Minutes of the City Council Regular Meeting of July 12, 2022. (A.

Rodriguez)
Following a motion by Council Member Weinberg, seconded by Council Members Fligor, Items 1 and 2 were approved with the following roll call vote:

AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
89 Agenda Item # 9.
9/06/2022 CITY COUNCIL MEETING MINUTES Page 2 of 4
ABSTAIN: None

PUBLIC HEARING

3. 4350 El Camino Real Multiple Family Development Project; 19-D-01, 19-UP-01 and 19-SD01 - Multiple-Family Design Review, Conditional Use Permit and Tentative Subdivision map for a new multiple-family development with a five-story building with 47 condominium units along El Camino Real with two levels of underground parking. The proposal includes seven affordable units with four moderate-income units and three very-low-income units, and a density bonus with development incentives to allow for increased building height and a reduced parking aisle width.

A Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program in compliance with the California Environmental Quality Act (CEQA) will be considered. (R. Hayagreev)
City Manager Engeland joined the meeting and Radha Hayagreev, Senior Contract Planner, gave a Staff presentation to Council.

Angie Galatolo, developer of 4350 El Camino Real along with David Kornfield, developer’s consultant and Alex Seidel, developer’s architect provided a presentation to Council.

Council Member Fligor, Vice Mayor Meadows and Mayor Enander asked questions to the Applicant and Staff.

Council Member Weinberg disclosed that his client hired BKF Engineers, which worked on 4350 El Camino Real, as an expert witness in a legal case but he has not been in a financial relationship with the company. Mayor Enander and Council Member Lee Eng disclosed that they had conversation with the applicant regarding story poles but no conversations regarding this development. Vice Mayor Meadows disclosed that she saw this first at a Planning Commission 4 years ago. Council Member Fligor disclosed that she has had no conversations with the applicant.

The following members of the Public spoke: Frank Martin, Greg Stewart, Anne Paulson, Abby Ahrens, Roberta Philips, Donald Gardner, Wendy, David Feld, Jeremy McCabe, Allison, Sergey Finkelstein, Renee Rashid, and Nancy Martin.

Angie Galatolo, owner of 4350 El Camino Real, responded to some public comments.

Council Member Fligor, Vice Mayor Meadows, Council Member Weinberg, Council Member Lee Eng, and Mayor Enander asked further questions to the applicant and provided additional comments.

Following a motion by Mayor Enander, seconded by Council Member Lee Eng, the Council adopted a mitigated negative declaration and approving the design review, conditional use permit and subdivision applications for a forty-seven unit multiple family development project at 4350 El Camino Real subject to the following changes:
 Condition 37: to be amended as specified by City attorney to account for the uncertainty with respect to the current, as-built size of the sewer
 Condition 38: to be amended by Staff to accommodate instruction for mitigating construction parking to minimize impact on Los Altos Ave and adjacent streets  Condition 31; to be amended to have the Below Market Rate Deed Restriction increased from 55 to 99 years
90 Agenda Item # 9.
9/06/2022 CITY COUNCIL MEETING MINUTES Page 3 of 4
 Applicant will work with staff to alter the landscape plan for the required common open space to ensure it meets code
 Roof deck amenity will be removed, reducing the elevator height  Condition 17; to be amended to include language ‘as verified by the Development Services Director
Motion was approved with the following roll call vote:

AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
At 9:40 pm, Mayor Enander called for a recess and returned the meeting back to order at 9:50 pm.

The Council announced the continuance of Item 5 to the Sept 20th meeting.

DISCUSSION ITEMS

4. Environmental Commission Reach Codes Recommendation: Receive a presentation with recommended municipal code amendments regarding Reach Codes.

Environmental Commission Subcommittee composed of Tom Hecht, Don Weiden and Laura Teksler, presented to Council.

Council Member Fligor, Council Member Weinberg, Vice Mayor Meadows, Council Member Lee Eng and Mayor Enander asked clarifying questions. City Manager Engeland and City Attorney Houston provide clarifications.

The following members of the public spoke: Frank Martin, Jared Johnson, Pete Dailey, Freddie Wheeler, Renee Rashid, Gary Hedden, Christian Hansen, Mia Ravishankar, Roberta Philips, Diane Bailey, Michelle Hudson, Joe Beninato, Christian Hansen, Mia Ravishankar and Nancy.

Mayor Enander asked clarifying questions to the Environmental Subcommittee.

Mayor Enander moved to direct the Environmental Subcommittee to stop work on Reach Codes and allow the California State codes to take over in January 2023 which was seconded by Council Member Lee Eng.

Council Member Fligor, Vice Mayor Meadows, and Council Member Weinberg provided further comments.

Motion failed 2-3 with the following roll call vote:

AYES: Council Member Lee Eng, Mayor Enander
NOES: Council Members Fligor, Weinberg, Vice Mayor Meadows ABSENT: None
ABSTAIN: None
91 Agenda Item # 9.
9/06/2022 CITY COUNCIL MEETING MINUTES Page 4 of 4
Council Member Weinberg moved to adopt the first three recommendations, seconded by Council Member Fligor, as presented in the Staff report. Vice Mayor Meadows requested a friendly amendment to include the fourth recommendation in the staff report, which was accepted.

Motion passed 3-2 by the following roll call vote:

AYES: Council Member Fligor, Council Member Weinberg, Vice Mayor Meadows NOES: Council Member Lee Eng, Mayor Enander
ABSENT: None
ABSTAIN: None

5. Commission Appointments: Consider Commission applications and make appointments as appropriate (A. Rodriguez)
Continued to September 20, 2022, Regula Meeting per Council direction.

INFORMATIONAL ITEMS ONLY

6. Tentative Council Calendar

7. Receive report from Legislative Subcommittee
Vice Mayor Meadows questioned the Council’s position as noted on AB2181 as noted on the report. The Subcommittee will review and update the report if needed.

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS Council Member Weinberg asked for clarification as to their voting responsibilities to the CA League Cities to which Council Member Fligor responded.

City Attorney Houston asked Council for their support to work on a model ordinance for the Concealed Weapon Permit with neighboring jurisdiction. Council asked for it come back as an agenda item.

ADJOURNMENT
Mayor Enander adjourned the meeting at 12:28 pm
__________________________
Anita Enander MAYOR
ATTEST:
_____________________________________
Angel Rodriguez, INTERIM CITY CLERK
92 Agenda Item # 9.

AGENDA REPORT SUMMARY
Meeting Date: September 20, 2022
Subject 330 Distel Circle Multiple Family Affordable Housing Development Project Consider finding the project exempt from environmental review under Section 15332 (Class 32) of the California Environmental Quality Act (CEQA), and consider approval of the Design Review Permit and Conditional Use Permit for a 90-unit multiple family residential affordable rental housing development project at 330 Distel Circle (Application Nos. D22-0002 and CUP22-0001)
Prepared by: Radha Hayagreev, Consulting Senior Planner Reviewed by: Steve Golden, Interim Planning Services Manager Nick Zornes, Development Services Director
Attachment(s):

1. Draft Resolution 2022_XX with findings and Conditions of Approval

2. Notice of Exemption – Class-32 Categorical Exemption and Supporting Documents

3. Memorandum of Understanding between City of Los Altos and County of Santa Clara executed January 28, 2021.

4. Applicant’s Density Bonus Report

5. August 18, 2022, Joint Planning Commission and Complete Streets Commission Agenda Report and Meeting Minutes

6. March 22, 2022, Story Pole Exemption minutes and conformance documents

7. Project Design Plans
Initiated by:

EAH Housing, Property Owner, and Applicant
Previous Council Considerations:

October 27, 2020: Memorandum of Understanding with the County of Santa Clara for an Affordable Housing Project at 330 Distel Circle
April 27, 2021: Affordable Housing Update and Introduction of the Affordable Housing Developer
93 Agenda Item # 10.

January 11, 2022: City Council/Planning Commission Joint Study Session with Planning Commission – Project Pre-Application
March 22, 2022: Story Pole Exemption hearing
Fiscal Impact:

Payment of Traffic Impact and Park In-lieu Fee will be waived for this project pursuant to the executed Memorandum of Understanding between the city of Los Altos and county of Santa Clara dated January 28, 2021 (Attachment 3). Pursuant to Section 3.52.030 of the Los Altos Municipal Code (LAMC) the project is exempt from paying the Public Art Inlieu Fee since the project is a 100 percent affordable housing project and are not considered into the contribution rate that the in-lieu fee is based on.

Environmental Review:

This project is categorically exempt from environmental review under Section 15332 (Class 32) of the California Environmental Quality Act (“CEQA”) because it is an in-fill development on a site in an urban setting that is under five-acres in size that is substantially surrounded by urban uses and does not contain significant natural habitat for endangered species (in that the project site is already developed with urban uses). The development proposal is consistent with the General Plan and Zoning Ordinance, as set forth in this staff report does not result in any significant effects related to traffic, noise, air or water quality, and is adequately served by all required utilities and public services, and none of the exceptions stated in CEQA Guidelines Section 15300.2 to applicability of the exemption are present. A more thorough and detailed analysis including supporting documentation is contained in Attachment 2.

Policy Question(s) for Council Consideration:
 Does the proposal meet the required findings for design review and conditional use permits per the Los Altos Municipal Code?
Summary:
 The project includes the demolition of the existing one-story, 12,120 square-foot., single-story office building, removal of nineteen trees, preservation of eight trees, and removal of the surface parking lot to construct a new five-story residential building on a 0.87 acre lot.
 The Applicant proposes a five-story multiple-family residential building that would have 90 residential rental units with 88 below market rate (BMR) units and two market rate manager units.
 Pursuant to State Density Bonus Law and the city of Los Altos Density Bonus Ordinance, 100 percent affordable projects that are within ½ mile of a Major Transit Stop are eligible for: four concessions; an increased building height of 33 feet or three-stories; and elimination of vehicle parking requirements. The Applicant seeks concessions to deviate from the zoning district standards for front yard 94 Agenda Item # 10.
setback, private open space, building massing and articulation with the upper story step-back, and reduced requirements for EV Ready parking spaces. There is no requirement to approve development waivers for this type of project but the Applicant requests waivers for the design of the interior courtyard, building materials, and location and screening of the temporary refuse staging area. The Project includes 90 vehicle parking spaces.
 A Design Review Permit and Conditional Use Permit approval is required for the proposed project. The Complete Streets Commission and the Planning Commission have reviewed the proposal at a public meeting and recommend approval of the project.

Staff Recommendation:

Determine the project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) and approve a Design Review Permit (D22-0002) and Conditional Use Permit (CUP22-0001) with the inclusion of the density bonus, concessions and waivers to construct a 90 unit five-story multiple-family residential building per the findings and conditions contained in the resolution (Attachment 1).

Purpose:

To review and consider a request for a design review permit and conditional use permit to allow the construction of a 90-unit five-story 100 percent affordable multiple-family residential project at 330 Distel Circle.

Background:

Site Setting and Project Description
The project site (APN 170-04-051) is a 0.87-acre parcel located at 330 Distel Circle which is close to the El Camino Real corridor in northern Los Altos. The project site is designated as ‘Thoroughfare Commercial’ in the General Plan and zoned CT (Commercial Thoroughfare). The Applicant requests approval for Design Review and Conditional Use Permits for a new multiple-family development project. The proposed project (Project) includes a five-story apartment building with 90 rental units, consisting of 88 affordable units and two market rate manager units. The first/ground floor is comprised of common building amenities including common amenity spaces, tenant administrative offices, tenant coworking space, trash collection and sorting room, a bike locker room for 45 bicycles, and 90 vehicle parking spaces that includes eight at grade parking spaces and 82 parking spaces on a mechanical parking lift system. The second floor has a 5,530 square-foot common open space courtyard and the second thru fifth floor contains the 90 residential units.

The Planning Commission Agenda Report contains more technical details of the project and site development standards (Attachment 5)
95 Agenda Item # 10.

SB 330
Development project applications submitted after January 1, 2020, are subject to SB 330, the Housing Crisis Act of 2019. The application was submitted on March 3, 2022; therefore, the project is considered an SB 330 project and is subject to the maximum five hearing limitation.

One public hearing was already conducted on March 22, 2022, for the Applicant’s request to the City Council for an exemption to the requirement for the installation of story poles pursuant to the Council’s Open Government Policy.

The second public hearing was on August 18, 2022, for a joint public hearing with the Complete Streets Commission and Planning Commission where the project was unanimously recommended approval to the City Council.

Housing Accountability Act
Pursuant to the Housing Accountability Act, Government Code Section 65589.5, if a housing development project complies with all applicable objective standards imposed by the City, then the City has limited discretion to condition the project, and it may not deny a conditional use permit or other discretionary entitlement for the project or approve the project at a lower density unless the approval authority finds that the project “would have a specific, adverse impact upon the public health or safety.” A “specific, adverse impact” means “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.”
In addition, since at least 20 percent of the units in the project would provide housing for households at or below 60 percent of Area Median Income, per Government Code Section 65589.5 (d), the City cannot deny the project or approve it subject to conditions of approval that would make the project infeasible for housing at the levels of affordability proposed, unless one of the following findings can be made:

1. The City has met its RHNA targets for the current housing cycle at each of the affordability levels proposed for this project;
Staff Review: The findings cannot be made. The city has not met its RHNA targets for the current housing cycle at each of the affordability levels of the project.

2. Denial or the imposition a condition of approval that would have the effect of rendering the project infeasible for affordable housing is necessary to avoid a violation of state or federal law;
Staff Review: The findings cannot be made. The city has not imposed a condition of approval or recommends denial that would result in rendering 96 Agenda Item # 10.
the project infeasible for affordable housing to avoid a violation of state or federal law.

3. The project site is located on land for agriculture or resource preservation and either: (1) the site lacks adequate water or wastewater facilities, or (2) the project site is surrounded on at least two sides by land used for agriculture or resource preservation;
Staff Review: The findings cannot be made. The project site is in an urban infill site, surrounded by urban land uses and has an existing functional facility with adequate water and wastewater services.

4. The project would have a specific, adverse, and unmitigable impact on public health or safety; or
Staff Review: The findings cannot be made. The project site does not have a specific, adverse and unmitigable impact on public health. The project will be considered as a Class 32 categorical exemption pursuant to the guidelines and standards under the California Environmental Quality Act and a detailed analysis has been conducted to make this determination.

There is no specific, adverse, or unmitigable impact on public health or safety as a result of the proposed project.

5. All the following are true: (1) the project is inconsistent with the zoning ordinance; (2) the project is inconsistent with the applicable general plan land use designation; (3) the City has a certified Housing Element; and (4) the project site is not identified in the Housing Element inventory or is proposed at a greater density than projected in the inventory.

Staff Review: The findings cannot be made. The project is consistent with the zoning ordinance and applicable general plan land use designation, and the city has a certified Housing Element. The city is currently updating the Housing Element (6th cycle) and the public available draft does not identify the project site as a housing opportunity site.

Story Pole Installation
On March 22, 2022, the City Council approved an exemption to the story pole installation for this development project. As an alternative, the Applicant was required to install additional billboard signs which included an additional 3D rendering of the proposed project from the residential neighborhood on Marich Way. The billboard signs including the additional 3D rendering were installed per the approved plans on May 12, 2020, as verified by staff. Per the story pole policy, the requirement is for the story poles to remain 97 Agenda Item # 10.
installed 30 days prior to any public hearing approval. Refer to Attachment 6 for details of the installed poles and compliance provided by the applicant.

Joint Complete Streets Commission and Planning Commission Hearing On August 18, 2022, the Complete Streets Commission (CSC) and Planning Commission (PC) held a duly noticed Joint Commission public meeting to consider the Project.

Pursuant to Section 14.78.090 of the Zoning Code, an application for Council design review shall be subject to a multimodal transportation review and recommendation to the PC and Council by the CSC as part of the approval process in order to assess potential project impacts to various modes of transportation such as but not limited to bicycle, pedestrian, parking, traffic impacts on public streets, and/or public transportation.

Following the discussion, the CSC voted 5-0 to recommend approval of the Project to the PC and Council subject to the finding and conditions of approval that are included into the draft resolution. The Joint Commission meeting agenda report and minutes is contained in Attachment 5 of this agenda report.

At the Joint Commission meeting, the PC reviewed the Design Review and Conditional Use Permit aspects of the project. Following their discussion of the proposed Project, the PC voted 6-0 to recommend Council consideration that the project is exempt from further environmental review in compliance with CEQA statutes and guidelines, approval of the Design Review Permit and Conditional Use Permit with the inclusion of the density bonus, concessions, and waivers, subject to the findings and modified conditions of approval in the resolution (Attachment 1). The August 18, 2022, Joint Commission agenda report and minutes is included in Attachment 5.

Discussion/Analysis:

This section is intended to be a summarized version of staff’s complete evaluation and analysis of the project for conciseness. As referenced above and included as attachments, staff refers readers to the August 18, 2022 Joint Complete Streets and Planning Commission agenda report and meeting minutes (Attachment 5) for a more detailed analysis.

The city of Los Altos is partnering with the county of Santa Clara for this proposed 100 percent affordable housing project. A Memorandum of Understanding (MOU) (Attachment 3) was executed between the City and County on January 28, 2021, memorializing the expected purchase agreement by the County for the property from Midpeninsula Open Space District and the commitment to develop a 90-unit affordable housing project with certain affordability levels and the city’s commitment to waive 100 percent of the project’s development impact fees.

The applicant proposes to demolish the existing building and construct a five-story building with 90 residential rental units, an at grade parking garage with 90 parking spaces including 98 Agenda Item # 10.
electric vehicle (EV) charging spaces, a bike room to accommodate 45 Class I bike parking spaces and ten outdoor Class II bike parking spaces, a large open space in the rear portion of the property at the second floor and other common amenities for the residents on the first floor (Project). The Project will install landscaping on the project site and will replace the public sidewalk, curb and gutter, and driveway approach along the project frontage on Distel Circle.

The proposed 90-unit residential project is 100 percent affordable exclusive of two manager units. Pursuant to the State Density Bonus Law and the Los Altos Density Bonus Ordinance (Chapter 14.28, Article 2), provisions for 100 percent affordable projects within half mile-distance from a major transit stop, the Project qualifies for an unlimited density bonus, four concessions, a building height increase of up to three stories or 33ft increase that doesn’t count as a concession, and no parking is required. In addition to requesting concessions, the Applicant is requesting development waivers; however, per the State Density Bonus Law, development waivers are optional for 100 percent affordable projects within one-half mile of a major transit stop since the project is entitled up to a 33-foot building height increase; therefore, the approval of development waivers are at the discretion of city council approval. Further details regarding the proposed project, density bonus provisions, and Council findings are discussed below.

General Plan Conformance
The draft resolution (Attachment 1) and Planning Commission Agenda Reports (Attachment 5) provide findings and details how the project conforms to the city’s General Plan. This includes the project’s conformance with the goals and policies for the Land Use Element, Community Design, and Housing Element. As discussed in other sections of this report and the Planning Commission Report, the Applicant will construct a total of 90 residential units with 88 affordable units and improvements to the pedestrian streetscape, all of which are consistent with the General Plan Land Use and Housing Element policies.

Although, the height and density of the proposed building is greater than what is allowed for a non-affordable project in the CT zoning district, they are similar with other approved buildings along the El Camino Real Corridor and in conformance with the Community Design and Land Use Elements that suggest intensification of uses in this area of the city.

Zoning District and Other Development Standards
The proposed Project is within the Commercial Thoroughfare (CT) Zoning District. As detailed in the Planning Commission Agenda Report (Attachment 5), the Project is consistent with applicable objective development standards with the inclusion of the four requested density bonus concessions and three additional discretionary waivers. The requested concessions include: a 10-foot front yard setback, whereas 25 feet is required; a reduction of the required open space from an average of 50 square feet for the total units to 25 square feet; elimination of the required 10-foot step-back from the ground floor façade for the upper stories of the building above 45 feet in height; and a reduction in the number of EV ready parking spaces that would normally be required under the city’s adopted REACH codes.
99 Agenda Item # 10.

With regards to development waivers, the Applicant is requesting that the interior courtyard not be visible and accessible to the public street that is normally required; the use of wood as a foundation/base material that is not listed as an allowable material, and the use of the public street for a temporary refuse staging area for pickup that is required to be screened and located on-site.

The concessions and waivers are analyzed in detail in the Planning Commission staff report (Attachment 5) and further discussed below in the Density Bonus and Affordable Housing section.

Affordable Housing and Density Bonus
Affordable Unit Distribution
Per the MOU (Attachment 3) executed between the city of Los Altos and the county of Santa Clara, the proposed housing project was anticipated to provide “a minimum of 90 units, with 100% of the units restricted to occupants earning 80% or less of the area medium income (AMI), with a minimum of 5% earning 30% or less of the area medium income (AMI), 50% earning 50% or less of the area medium income (AMI), and 45% earning 80% or less of the area medium income (AMI).”
The Applicant proposes 90 residential rental units with 88 affordable units and two market rate units to be used for manager units distributed in the income categories as found in the table below:

The table below is a comparison of the affordable units anticipated in the MOU as compared to the affordable units offered by the Applicant. 100
Agenda Item # 10.

Affordability MOU Proposed
30% AMI (Extremely- Low) 5% (4.5 Units) 50% (45 units)
50% AMI (Low) 50% (45 Units) 13.3% (12 units)
80% AMI (Moderate) 45% (40.5) 34.4% (31 units)
The Applicant’s proposal offers more units in the extremely-low income category than the MOU, a higher number of units in the low-income category1, and a lower number of units in the moderate-income category. Overall, since the number of extremely-low and lowincome units is more than what was anticipated when the MOU was executed and contributes more of those units towards the city’s Regional Housing Needs Assessment (RHNA) goals, this proposal will be a significant contribution to the BMR units. While the Applicant has included the unit types (i.e. bedroom count) in their proposal for each income category, the Applicant is committing to an overall number of units in each income category and requests flexibility in achieving the right mix of unit types for the project.

In response to the applicant's request for flexibility within each BMR category, and as modified in Condition #2 of resolution (Attachment I), only the total number of units at each income level is specified under each category. Furthermore, this unit count for each income category will be stated in the Affordable Housing agreement document upon approval of the project.

Typically, with a market rate residential project that includes affordable units, there is more of an equity concern regarding the type and distribution of affordable units compared to the market rate units; however, here the project is a 100 percent affordable project, so there isn’t a concern. Aside from the city’s requirements, the Applicant will need to maintain an average affordability level across all units to satisfy certain funding requirements for the affordable housing project.

Density Bonus
The proposed 90-unit residential project is a 100 percent affordable project exclusive of two manager units. As such, pursuant to the State Density Bonus Law (Government Code Section 65915) and the Los Altos Density Bonus Ordinance (LAMC Chapter 14.28, Article 2), the project is eligible for a density bonus, development concessions, and elimination of parking requirements. Per the Commercial Thoroughfare (CT) zoning district standards (Section 14.50.080 LAMC), the maximum permitted residential density is 38 dwelling units per net acre which would allow up to a maximum of 33 units on the project site. With density bonus, there is no maximum density limitation since 100 percent of the housing units will be affordable and the project is located within one-half mile of a major transit stop. (Table D of the Appendix to the Affordable Housing

1 For the purposes of determining overall low-income units, all extremely-low income units are also considered low-income.
101
Agenda Item # 10.

Ordinance (Chapter 14.28 LAMC) and State Density Bonus Law (Government Code Section 65915 (f)(3)(D)(ii)).

Per State Density Bonus Law Section 65915(o)(4) “major transit stop” includes an existing rail or bus rapid transit station. The project site is 0.4 miles to a major transit bus stop at El Camino Real and Showers Drive since VTA Rapid line 522 makes a stop at this location (see Attachment 5); therefore, the project is within one-half mile of a major transit stop as defined in the State Density Bonus Law and is eligible for unlimited density.

Density Bonus Concessions
Per State Density Bonus Law and the Los Altos Density Bonus Ordinance (Chapter 14.28 LAMC, Article 2), projects providing 100 percent affordable units including the density bonus units, exclusive of manager’s units, are entitled to four development concessions.

The table below summarizes the four concessions requested by the applicant that are detailed further in the applicant’s submitted Density Bonus report (Attachment 4) including the project’s eligibility for the density bonus allowances, the concession and waiver requests and justification for the requests.

Standard (in CT zone) Proposed Concessions
and Waivers
Front Setback LAMC

14.50.090
25ft 10ft Concession -1
Private Open Space
LAMC 14.50.150
Not required for every
unit, average 50 sq. Ft.
shall be provided for the
total number of dwelling
units.

For 90 units 4,500 sq. ft
25 sq. Ft. Average
2,550 sq. ft.

Concession - 2
Design Control

14.50.170 B (1)
Building Massing and
articulation.

Upper Story Step-Back
Min 10ft from ground
floor façade for stories
above 45ft in height (top
story)
No step back Concesssion-3
Reduced Standards for
Los Altos REACH
codes for EV Ready
charging points for
affordable housing
projects to meet
reduced requirement
EV2 ready spaces – 9
EV1 ready spaces – 81
Meets affordable
housing 10% EV2
ready spaces. (2019
code)
Proposed EV2 ready -
9 Concession – 4
102
Agenda Item # 10.
which is 10% EV2
ready spaces of total of
9 spaces in total.

All requested concessions in the proposed project are off-menu concessions per the Los Altos Density Bonus Ordinance. Pursuant to Govt Code Section 65915(d)(1), a concession request must be granted unless the City Council is able to make one of the following findings:

A. The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

B. The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

C. The concession or incentive would be contrary to state or federal law.

A thorough analysis for each requested concession and justification that none of the above findings can be made is included in the August 18, 2022 Joint Commission Agenda Report (Attachment 5). The Planning Commission and staff recommend approval of the concession requests and are included in the draft resolution (Attachment 1) since none of the above findings can be made. With regards to the request for a reduction of Electric Vehicle (EV) Ready parking spaces, the Applicant would only be eligible for a reduction or elimination of the REACH code requirement adopted by the city, but the California Building Standards (“Building Code”) would still apply. The city’s increased requirements for EV parking under the city’s adopted REACH codes are the city’s local amendment to the Building Code, but under State Density Bonus Law, a developer cannot receive a development concession for a requirement under state law; therefore, the standards under the Building Code and more specifically the mandatory measures for EV parking under the California Green Building Standards Code would still apply..

Development Waivers
In addition to requesting concessions, density bonus projects are typically eligible for waivers of any development standards that would physically preclude the construction of a project with the density bonus and the concessions to which the development is entitled; however, per the State Density Bonus Law, development waivers are optional for 100 percent affordable projects within one-half mile of a major transit stop since the project is entitled up to a 33-foot building height increase and are at the discretion of City Council 103
Agenda Item # 10.
approval. The applicant has requested three development waivers that are necessary to construct the project as proposed as found in the table below:

Standard (in CT zone) Proposed Waivers
Design Control

14.50.170 C (5) a.

Building Design.

Interior Courtyard.

Interior courtyard must
be partially visible from
the street and linked to
the street by a clear
accessible path of travel
Raised courtyard on
level 2 not visible
from the street.

Access to courtyard
and exit via stair.

Waiver-1
Design Control

14.50.170 D (4) a.

Materials. Materials
Defining Building
Elements.

For multistory elements,
the base of the building
shall be defined by a
distinct material selected
from among the
following: stone, brick,
concrete, CMU, or
stucco (“base material”)
Wood serves as a
distinct material
Waiver-2
CT required conditions

14.50.060 C. 2. Access
and screening of refuse
collection
Every development will
be required to provide
suitable space on-site for
solid waste separation,
collection, storage and
pick up and shall site
these in locations that
facilitate access,
collection, and minimize
any negative impact on
persons occupying the
development site,
neighboring properties,
or public right-of-way
Solid waste
separation,
collection and
storage are on-site,
but the pickup is
proposed to be in the
service staging area
on the public rightof-way
Waiver-3
A waiver cannot be granted if doing so would violate state or federal law or if the waiver would have a specific, adverse impact on public health or safety that cannot be mitigated feasibly, or on real property listed in the California Register of Historic Resources. Also, ordinarily an applicant must demonstrate that denying the waiver would physically preclude the applicant from constructing a project that the applicant wants to construct at the allowed density and with the concessions granted. Because the waivers requested here are optional and no density limit applies to the project, other relevant factors may be 104
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considered. These factors may include, for example, the ability to provide parking even though no parking is required for the project (as discussed below), the desire otherwise to maximize the use of the site for affordable housing or to provide suitable amenities and services to residents, cost savings for affordable housing (like with a concession), the inability to achieve a concession or to realize its cost saving benefits without a waiver, or flexibility to achieve a superior design.

The project is a 100 percent affordable project, exclusive of the managers units, with 63 percent of the units for Very Low and Extremely Low-Income households, the City is a co-sponsor of the project, and the project will help the City meet Regional Housing Needs Allocation (RHNA) targets at multiple affordability levels. Additionally, the requested development waivers as further discussed and detailed in the Joint Commission Agenda Report (Attachment 5) will result in a superior architectural design that provides for resident amenities such as on-site parking and other common amenities that would not otherwise be required for this residential development project. Therefore, the Planning Commission and staff recommends granting the optional waivers and are included in the draft resolution (Attachment 1).

Parking Reduction
Pursuant to Government Code Section 65915 (p)(3), and Section 14.28.040 Table F of the Los Altos Density Bonus Ordinance, any project that is 100 percent affordable and has unobstructed access to a major transit stop located within a one-half mile radius does not require any vehicle parking. This special parking reduction is allowed in addition to any requested development concession or waiver. In lieu of the required parking elimination, the Applicant proposes 90 parking spaces in a parking garage accessed at grade.2 The garage is located on the first floor of the project which has two rows of parking stalls with a 24-foot drive aisle. One row of parking stalls contains 69 parking stalls within a mechanical parking lift system. The lift system is designed as a three-level stacking solution with one level of parking platforms lowered into a pit, a second level at grade, and third stacked above. The opposite row contains regular at-grade stalls.

Since, vehicle parking requirements are eliminated for this project per Density Bonus Requirements, any parking provided exceeds the minimum required. Additional discussion is provided in the August 18, 2022 Joint Commission Report (Attachment 5).

Discretionary Permits
The project requires a Design Review Permit and a Conditional Use Permit, as summarized below and discussed in greater detail in the Joint Commission Agenda Report (Attachment 5). Because at least 20 percent of the units in the project would provide housing for households at or below 60 percent of Area Median Income, the Housing Accountability

2 Since parking is being provided, minimum requirements for accessible parking and electric vehicle charging must be provided consistent with Building Code requirements. 105
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Act states at Government Code Section 65589.5(d) that the City cannot deny the project or approve it subject to conditions of approval that would make the project infeasible for housing at the levels of affordability proposed, unless one of the following findings can be made:

1. The City has met its RHNA targets for the current housing cycle at each of the affordability levels proposed for this project;

2. Denial or the imposition a condition of approval that would have the effect of rendering the project infeasible for affordable housing is necessary to avoid a violation of state or federal law;

4. The project would have a specific, adverse, and unmitigable impact on public health or safety; or

Even if one of the foregoing findings can be made, under Government Code Section 65589.5(j), the project must be approved at the density proposed if it complies with all applicable objective standards, unless the project would have a specific, adverse, and unmitigable impact on public health or safety, as defined in the statute. A project is deemed to be consistent with an objective standard unless notice of inconsistency was provided to the applicant pursuant to Government Code Section 65589.5(j)(2).

Design Review Permit
To approve the project as proposed by the applicant, the City Council must make positive design review findings as outlined in Section 14.78.060 of the LAMC and found below. A more complete analysis of the design review can be found in the Joint Commission Agenda Report (Attachment 5). The Planning Commission recommended positive design review findings as summarized below and contained in the draft resolution (Attachment 1).

1. The proposal meets the goals, policies and objectives of the general plan and any specific plan, design guidelines and ordinance design criteria adopted for the specific district or area.
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Agenda Item # 10.

The project meets the goals and policies for the El Camino Real Corridor under the Special Planning Area in the Land Use Element, Community Design and Historic Resources Element, Housing Element and Economic Development Element.

Together these elements discourage exclusive office use and promote inclusion residential development, encourage affordable housing projects, increased height for residential development, intensification of development to be compatible to the opposite side of the El Camino Real Corridor and streetscape improvement and pedestrian friendly streetscape designs. The project is a multiple family residential project that includes affordable housing with a proposed building height that is compatible with other residential projects on El Camino Real. The Planning Commission agenda reports provide details of the project’s compliance with the design criteria adopted in the Commercial Thoroughfare district.

2. The proposal has architectural integrity and has an appropriate relationship with other structures in the immediate area in terms of height, bulk and design.

The proposal demonstrates architectural integrity since it complies with the objective design standards except for those requested exceptions per density bonus concessions and waivers. The proposed building is five stories which is similar to existing or proposed structures in the vicinity which are four to five stories and similar in scale and proportion. The relationship of this proposal with the neighboring structures and that of the recently approved projects in the area will result in harmonious buildings as envisioned in the General Plan for this zone and the El Camino Corridor Special Planning Area.

3. Building mass is articulated to relate to the human scale, both horizontally and vertically. Building elevations have variation and depth and avoid large blank wall surfaces. Residential or mixed-use residential projects incorporate elements that signal habitation, such as identifiable entrances, stairs, porches, bays, and balconies.

The project conforms to the city’s adopted objective design standards with eligible concessions and waivers as noted in the agenda report. The bulk and massing have been appropriately scaled using architectural design elements such as metal screens, façade material separation into primary and secondary bays, and mass timber canopy at the first floor to articulate the human scale. The first-floor landscaping and primary façade make an inviting space and there are defined entrances to with projecting wooden pergola elements which signal habitation while providing human scale design at the first story. Fenestration details provide a connection between the outside and inside space enhancing the signs of habitation.

4. Exterior materials and finishes convey high quality, integrity, permanence and durability, and materials are used effectively to define building elements such as base, body, parapets, bays, arcades, and structural elements. Materials, finishes, and colors 107
Agenda Item # 10.
have been used in a manner that serves to reduce the perceived appearance of height, bulk, and mass, and are harmonious with other structures in the immediate area.

The exterior base material is mass timber which is an alternative to the standard list of base materials; however, the applicant requests a development waiver. The mass timber conveys a high-quality character and durable finish to the structure while rendering a warm welcoming experience to the pedestrian environment. The exterior material of the upper floors is primarily stucco with highlights of wood panels, metal railings, wood composite railings and white metal and vinyl windows. All facades show accents of perforated metal screens which provide relief to a long façade in addition to the primary and secondary bays. The materials above in the second thru fifth floor are alternating dark grey and light grey stucco to highlight the primary and secondary bays. Each floor has a horizontal band showing visual separation for each floor. These materials and finishes are used in the manner to reduce the bulky nature of the five-story building and are harmonious with the other structures in the immediate area.

5. Landscaping is generous and inviting, and landscape and hardscape features are designed to complement the building and parking areas, and to be integrated with the building architecture and the surrounding streetscape. Landscaping includes substantial street tree canopy, either in the public right-of-way or within the project frontage.

Landscaping is generous and inviting. The project incorporates hardscape and softscape features at the lobbies and entrances to signify entry elements. The tree canopy is substantial along the main Distel Circle side as well as the side setback areas. The landscape plan proposes six new street trees along the project’s Distel Circle frontage. There are twenty-seven peripheral trees and shrubs proposed along the side and rear setback. An additional six trees are proposed in planter boxes with other landscape features in the interior private courtyard space. The landscaped courtyard area also includes amenities such as play mounds, waterlily balance play structure, community garden planters, and gathering space with seating areas.

6. Signage is designed to complement the building architecture in terms of style, materials, colors, and proportions.

The architectural rendering indicates entrance signage which complement the building architectural style. A sign permit review is required if the project is approved.

7. Mechanical equipment is screened from public view and the screening is designed to be consistent with the building architecture in form, material, and detailing. 108
Agenda Item # 10.

The rooftop mechanical and other mechanical equipment appear to be set inside and appropriately screened from public view using a roof screen which is consistent with the building. Surface area for photovoltaic panels are set inside from the parapet line on the rooftop. These are consistent with the building architecture in form, material, and detailing.

8. Service, trash, and utility areas are screened from public view, or are enclosed in structures that are consistent with the building architecture in materials and detailing.

The main refuse collection room on the first floor is screened from public view and enclosed. Per requested waiver #2, temporary staging of refuse containers is requested to be located on Distel Circle on collection days. The location and design of the service, trash and utility areas are integrated well into the building architecture and is consistent with the rest of the building with the material use and detailing.

Conditional Use Permit Review
To grant Conditional Use Permit UP19-001, the City Council must make the following findings in accordance with Chapter 14.80.060 of the LAMC and found below. A more complete analysis of the design review can be found in the Joint Commission Agenda Report (Attachment 5). The Planning Commission recommended positive Conditional Use Permit findings as summarized below and contained in the draft resolution (Attachment 1):

1. That the proposed location of the conditional use is desirable or essential to the public health, safety, comfort, convenience, prosperity, or welfare.

The proposed multi-family residential building is envisioned as a conditional use in the General Plan and has been reviewed and conditioned for approval for health and safety and environmental considerations. Based upon the technical reports and the categorical infill exemption for the project, there is evidence that the project will have no significant impact on the surrounding community. The project will enhance the affordable housing stock and make available more housing units to enhance comfort, prosperity, and welfare of the community, furthering the City’s housing goals.

2. That the proposed location of the conditional use is in accordance with the objectives of the zoning plan as stated in Chapter 14.02 of this title; The project is categorically exempt from CEQA as an infill project and will conform to many of the goals and objectives of the General Plan and complies with the City’s inclusionary housing requirements. Pursuant with State Density Bonus requirements, the project complies with the density bonus and is eligible for additional density, concessions, building height increases, and parking reduction standards.

Notwithstanding the requested concessions and waivers, the project complies with all 109
Agenda Item # 10.
the objectives set forth in Section 14.02.020 of the Los Altos Municipal Code. The project conforms to the City’s design objectives, as set forth above with respect to the Design Review Permit findings.

3. That the proposed location of the conditional use, under the circumstances of the particular case, will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

Because the project is recommended for a categorically exemption as an infill project, the development of a housing project at 330 Distel Circle will not be detrimental to the health and safety, comfort, convenience, prosperity or welfare of persons residing or working in the vicinity to property or improvements in the vicinity.

4. That the proposed conditional use will comply with the regulations prescribed for the district in which the site is located and the general provisions of Chapter 14.02; Notwithstanding the density bonus concessions, waivers and approvals which is consistent with State Law, the proposed conditional use of a multi-family residential project complies with the regulations prescribed for the CT district as detailed in the Joint Commission Agenda Report (Attachment 5).

Options:
1) Approve Resolution No. 2022-XX
Advantages: The project will replace an existing office building with a 90-unit affordable multiple-family residential rental development that helps the city meet its goals for producing new affordable housing units at various affordability levels to meet the RHNA goals and is supportive of the General Plan Vision for the El Camino Real Corridor.

Disadvantages: The City will lose the office building.
2) Do not approve Resolution No. 2020-XX
Advantages: The existing office building and surface parking lot will remain.

Disadvantages: The City will lose an opportunity to make progress on achieving its goals to produce new housing units and implementation of the General Plan vision for El Camino Real Corridor. The sidewalk 110
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along the frontage of the project will not be replaced with a standard city sidewalk and newer infrastructure. There will be no improvement to Distel Circle.

Public Notification and Correspondence:

For this meeting, a public hearing notice was published in the Town Crier and mailed to 455 property owners and 534 current tenants within 1,000 feet of the site. A public notice billboard with color renderings was installed along the project’s frontages and a modified story pole installation to represent the walls and roof line of the building were installed in conformance with the City Council approved modified story pole design for this project.

Previous public correspondences are included with the Planning Commission agenda reports (Attachment 5) and staff will forward any additional correspondence received to the Council.

Recommendation:

The staff recommends Option 1.
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ATTACHMENT 1
Resolution No. 2022- Page 1
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS APPROVING A CLASS 32 NOTICE OF EXEMPTION PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING THE

DESIGN REVIEW PERMIT AND CONDITIONAL USE PERMIT APPLICATIONS FOR A 90 UNIT MULTIPLE FAMILY DEVELOPMENT PROPOSAL AT 330 DISTEL CIRCLE
WHEREAS, the City of Los Altos received a development application from EAH Housing, (“Applicant”), for a new 90 unit multiple-family residential building (88 Below market rate units and 2 manager units) at 330 Distel Circle that includes requests for a Design Review Permit (File Number D22-0002) and a Conditional Use Permit (CUP22-0001) referred to herein as the “Project”; and WHEREAS, said Project is in the Commercial Thoroughfare (CT) district, which allows multiplefamily housing as a conditional use and for a maximum of 38 dwelling units per acre residential density, and the Project proposes a density if 103.45 dwelling units per acre: and WHEREAS the Applicant is offering all 88 units for rental at below market rates and 2 units to be manager’s quarter units at Market Rate as part of the Project proposal; and WHEREAS, by providing 88 units at a below market rate, the Project is entitled to four concessions pursuant to the Los Altos Density Bonus Ordinance (Appendix to Affordable Housing Ordinance, Table E) and State Density Bonus Laws (Government Code Section 65915(d)(2)(D)); and WHEREAS, the Applicant has requested four concessions:
1) To reduce the front yard setback to 10 feet whereas a standard front setback of 25 feet for the CT zoning district is required per Section 14.50.090 Los Altos Municipal Code (LAMC). 2) To reduce the private open space requirement to an average 28 square feet whereas an average of 50 square feet of open space is required in the CT zoning district per Section 14.50.150 (LAMC).
3) To eliminate the 10-foot upper story step-back from the ground floor façade for stories above 45 feet in height as required in the CT Zoning District per Section 14.50.170.B.1 (LAMC). 4) To eliminate the required electric vehicle parking requirements provided in the City’s adopted REACH Codes per Section 4.106.4.2 (LAMC) (as the same may be renumbered or amended from time to time); and
WHEREAS, the Applicant has requested three development waivers as follows that are at the discretion of City Council since the project is 100 percent affordable and within one-half mile of a major transit stop:
1) No visibility and direct access to street from the second-floor interior courtyard whereas Design Control Section 14.50.170 C (5)(a) of the CT zoning district requires for interior courtyards partially visible from the street and linked to the street by a clear accessible path of travel visibility from street and lined to the street by a clear accessible path of travel to propose no visibility pursuant to Design Control
2) Temporary placement of refuse and recycling containers within the public right-of-way whereas Section 14.50.060 C(2) of the CT zoning district requires separation, collection, 112
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ATTACHMENT 1
Resolution No. 2022- Page 2
storage and pick-up is located in areas that minimize any negative impact on persons occupying the development site, neighboring properties, or public right-of-way. 3) Use of wood as a distinct base material whereas Design Control Section 14.50.170 D(4)(a) of the CT zoning district requires distinct material options of stone, brick, concrete, CMU, or stucco as the base material.

WHEREAS, Pursuant to Government Code Section 65915 (d)(2)(D), if the location of the project is within one-half mile of a major transit stop it is entitled to unlimited density and to receive a height increase of up to three additional stories, or 33 feet; and WHEREAS, the Project is in within one-half mile of a major transit stop along El Camino Real and is seeking a height increase of 19.5 feet over the maximum allowable height of 45 feet of the CT zoning district standards; and
WHEREAS, on January 11, 2022, the Planning Commission and City Council held a joint design review study session on the Project where they received public testimony and provided the Applicant with preliminary architectural and site design feedback; and WHEREAS, the Project has been processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, said Project is exempt from environmental review as in-fill development in accordance with Section 15332 of the California Environmental Quality Act of 1970 as amended (“CEQA”); and WHEREAS, on March 3, 2022, Project has been submitted for review under the SB330 streamlining provisions which limit the number of public hearings to a maximum of five; and WHEREAS, the first public hearing under SB330 review was on March 22, 2022, with the City Council for an exception to the story pole installation standards per the adopted policy and procedures; and
WHEREAS, on March 22, 2022, the City Council reviewed and approved a modified story pole design to comply with the city’s Story Pole policy; and WHEREAS, the story pole exemption was conditionally approved for the project to require four onsite notice of development boards; and WHEREAS, on May 12, 2022, five billboards for notice of development were installed on-site complying with the modified story pole approval; and
WHEREAS, on July 27, 2022, the City gave public notice of the Planning Commission’s and Complete Streets joint public hearing on the proposed Project by advertisement in a newspaper of general circulation; and
WHEREAS, on August 3, 2022, the City notified all property owners and business tenants within a 1,000-foot radius and a meeting notice was posted to the billboard sign; and 113
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ATTACHMENT 1
Resolution No. 2022- Page 3
WHEREAS, on August 18, 2022, the Planning Commission and Complete Streets Commission conducted a duly noticed public hearing at which members of the public were afforded an opportunity to comment upon the Project, and at the conclusion of the hearing, the Complete Streets Commission recommended Planning Commission approval of the Project and the Planning Commission recommended City Council approval of the Project; and
WHEREAS, on August 31, 2022, the City gave public notice of the City Council’s public hearing on the proposed Project by advertisement in a newspaper of general circulation and to all property owners and business tenants within a 1,000-foot radius and a meeting notice was posted to the billboard sign; and
WHEREAS, on September 20, 2022 the City Council held a duly noticed public meeting as prescribed by law and considered public testimony and evidence and recommendations presented by staff related to the Project; and
WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the regulations and policies of the City of Los Altos have been satisfied or complied with by the City in connection with the Project; and
WHEREAS the findings and conclusions made by the City Council in this Resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the proposed Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this Resolution; and
WHEREAS all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby ____________ the Project pursuant to the Findings and subject to the Conditions of Approval set forth in Exhibits A and B, respectively, attached hereto and incorporated by this reference.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ____day of ___________ 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, CMC, CITY CLERK
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ATTACHMENT 1
Resolution No. 2022- Page 4

EXHIBIT A

FINDINGS

1. ENVIRONMENTAL REVIEW FINDINGS. With regard to environmental review, in accordance with Section 15332 of the California Environmental Quality Act Guidelines, based on the whole record before it, including, without limitation, the analysis and conclusions set forth in the staff reports, testimony provided at the proposed Project’s public hearings, and the supporting documents which includes an Initial Study completed by David J Powers (July 2022) with technical studies that include air quality, geotechnical, noise assessment, traffic assessment, Phase I environmental assessment, and an arborist report, the City Council finds and determines that the following Categorical Exemption findings can be made:
a. The Project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with the applicable zoning designation (Commercial Thoroughfare District).
b. The Project occurs within City limits on a site of no more than five acres that is substantially surrounded by urban uses and there is no record that the site has value as habitat for endangered, rare or threatened species.
c. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the completed technical studies and staff analysis contained in the agenda report and support this conclusion.
d. The Project has been reviewed and it is found that the site can be adequately served by all required utilities and public services.
e. None of the exceptions to the applicability of the categorical exemption, as specified in section 15300.2, are present.

2. Design Review Permit
Per Chapter 14.76.060 – Design Review Findings, the City Council must make the following findings to grant the Design Review Permit:

A. The proposal meets the goals, policies and objectives of the general plan and any specific plan, design guidelines and ordinance design criteria adopted for the specific district or area.

This finding can be made: For reasons stated in the City Council agenda report and in the staff report for the joint meeting of the Planning Commission and Complete Streets Commission, held on August 18, 2022, the Project meets the goals, policies and objectives for the Land Use Element, Community Design, and Housing Element of the Los Altos General Plan.

The Project is also consistent with the design guidelines and ordinance design criteria adopted for the Commercial Thoroughfare District with the inclusion of density bonus concessions and waivers.
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ATTACHMENT 1
Resolution No. 2022- Page 5
B. The proposal has architectural integrity and has an appropriate relationship with other structures in the immediate area in terms of height, bulk and design.

This finding can be made. The proposal shows architectural integrity while meeting most of the city’s adopted design standards required by the CT zone. The objective design standards that are not met are requested and approved under eligible waiver and concession as found in the staff agenda report packet. The immediate area has structures that are 4-5 story tall structures, quite similar in scale and proportion to the proposed project. The relationship of this proposal with the neighboring structures and that of the recently approved projects in the area will result in harmonious buildings as envisioned in the General Plan for this zone.

C. Building mass is articulated to relate to the human scale, both horizontally and vertically.

Building elevations have variation and depth and avoid large blank wall surfaces. Residential or mixed-use residential projects incorporate elements that signal habitation, such as identifiable entrances, stairs, porches, bays, and balconies.

The findings can be made. The project conforms to the city’s adopted objective design standards with eligible concessions and waivers as noted in the staff report. The bulk and massing have been appropriately scaled using architectural design elements such as metal screens, façade material separation into primary and secondary bays, mass timber canopy at the first floor, to articulate the human scale. The first-floor landscaping and primary façade make an inviting space to signal habitation in the amenity space while providing human scale to the five-story building. Each entrance has projecting wooden pergola elements, the pedestrian entrance is set inside. The walls are made of glass providing a visual connection between the outside and inside space enhancing the signs of habitation.

The vertical and horizontal articulation of the building mass have been articulated to reflect the provisions of the design standards for CT zone. The pedestrian entrances and vehicular entrances are distinguished using architectural elements such as a canopy and façade treatments besides doors. The building has been designed as a series of primary and secondary bay per guidelines in the objective design standards.

D. Exterior materials and finishes convey high quality, integrity, permanence and durability, and materials are used effectively to define building elements such as base, body, parapets, bays, arcades, and structural elements. Materials, finishes, and colors have been used in a manner that serves to reduce the perceived appearance of height, bulk, and mass, and are harmonious with other structures in the immediate area.

The findings can be made. The exterior base material mass timber, this material serves as an alternative to standard list of approved design element materials. Mass timber is a highquality material and brings a warmth and integrity to the first floor of the building. The upper floors are primarily stucco with highlights of wood panels, metal railings, wood composite railings and white metal and vinyl windows. All facades show accents of performed metal screens which provide relief to a long façade in addition to the primary and secondary bays.
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ATTACHMENT 1
Resolution No. 2022- Page 6
The materials above in the second thru fifth floor are alternating dark grey and light grey stucco to highlight the primary and secondary bays. Perforated metal screen breaks up large facades. Each floor has a horizontal band showing visual separation for each floor. These materials and finishes are used in the manner to reduce the bulky nature of the five-story building and are harmonious with the other structures in the immediate area.

E. Landscaping is generous and inviting, and landscape and hardscape features are designed to complement the building and parking areas, and to be integrated with the building architecture and the surrounding streetscape. Landscaping includes substantial street tree canopy, either in the public right-of-way or within the project frontage.

The findings can be made. Landscaping is generous and inviting. The project incorporates the appropriate designed hardscape and softscape features at the lobbies and entrances to signify entry elements. The tree canopy is substantial along the main Distel Circle side as well as the side setback areas. The landscaped courtyard area includes amenities such as play mounds, waterlily balance play structure, community garden planters and gathering space with seating areas. The courtyard also has large trees in planters.

F. Signage is designed to complement the building architecture in terms of style, materials, colors, and proportions.

The findings can be made. The architectural rendering indicates entrance signage which complement the building architectural style. A sign permit review is required if the project is approved, this would be a made a condition of project approval.

G. Mechanical equipment is screened from public view and the screening is designed to be consistent with the building architecture in form, material, and detailing.

The findings can be made. The rooftop mechanical and other mechanical equipment appear to be set inside and appropriately screened from public view using a roof screen which is consistent with the building. The Solar PV areas are set inside from the parapet line on the rooftop. These are consistent with the building architecture in form, material, and detailing.

H. Service, trash and utility areas are screened from public view, or are enclosed in structures that are consistent with the building architecture in materials and detailing.

The finding can be made: The garbage room on the first floor is screened from public view and enclosed. The location and design of the service, trash and utility areas are integrated well into the building architecture and is consistent with the rest of the building with the material use and detailing.

3. Conditional Use Permit
To grant Conditional Use Permit UP19-001, the City Council must find the following in accordance with Chapter 14.80.060 of the LAMC:

A. That the proposed location of the conditional use is desirable or essential to the public health, safety, comfort, convenience, prosperity, or welfare.
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ATTACHMENT 1
Resolution No. 2022- Page 7
This finding can be made: The proposed multi-family residential building is envisioned as a conditional use in the General Plan and has been reviewed and conditioned for approval for health and safety and environmental considerations. Based upon the technical reports and the categorical infill exemption for the project, there is evidence that the project will have no significant impact on the surrounding community. The project will enhance the affordable housing stock and make available more homes to enhance comfort, prosperity, and welfare of the community, furthering the City’s housing goals.

B. That the proposed location of the conditional use is in accordance with the objectives of the zoning plan as stated in Chapter 14.02 of this title;
This finding can be made. The project is categorically exempt from detailed environmental impact study as an infill project and it will meet many of the goals and objectives of the General Plan and complies with the City’s inclusionary housing requirements. Pursuant with State Density Bonus requirements, the project request and complies with the density bonus and avails additional height increase and parking reduction standards while seeking qualifiable concessions because it complies with required affordable housing standards. It meets all the City’s design policies and objectives, as set forth above with respect to the Design Review Permit findings. Notwithstanding the requested concessions and waivers, the project complies with all the objectives set forth in Section 14.02.020 of the Los Altos Municipal Code.

C. That the proposed location of the conditional use, under the circumstances of the particular case, will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

This finding can be made. Because the project is categorically exempt as an infill project, the development of a housing project at 330 Distel Circle will not be detrimental to the health and safety, comfort, convenience, prosperity or welfare of persons residing or working in the vicinity to property or improvement in the vicinity.

D. That the proposed conditional use will comply with the regulations prescribed for the district in which the site is located and the general provisions of Chapter 14.02; This finding can be made. Notwithstanding the density bonus concessions, waivers and approvals which is consistent with State Law, the proposed conditional use of a multi-family residential project complies with the regulations prescribed for the CT district as detailed in the staff report analysis and development standards Table 1. 118
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ATTACHMENT 1
Resolution No. 2022- Page 8
Exhibit B

CONDITIONS OF APPROVAL

GENERAL
1) Approved Plans
a) The project shall be developed in substantial compliance with the design plans submitted as part of the Los Altos planning application D22-0002 on June 3, 2022, and the support materials and technical reports, except as modified by these conditions and as specified below.
b) The conditions of approval shall be incorporated into the building permit plans and shall be referenced in the Sheet Index.
c) The bike parking room shall have electrical outlets for the residents use for electric biking charging.
d) Loading spaces shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be always maintained by the property owner/tenant in a clear and visible manner.
e) The applicant shall “red-curb” and provide necessary signage to the satisfaction of the City Engineering Division to prohibit street parking approximately 40 feet to the south and 35 feet to the north of the project driveway. This is to provide adequate sight distance for exiting drivers at the driveway to see the oncoming traffic along Distel Circle. The project driveway also should be free and clear of any obstructions such as shrubs or other landscape features to optimize sight distance, thereby ensuring that exiting vehicles can see pedestrians on the sidewalk and other vehicles on Distel Circle.
f) Minimum 7 feet deep parking pits shall be provided to accommodate the height of a design vehicle.
g) The applicant shall work with the City and Mission Trail Waste Systems to design a plan for waste collection service.
2) Affordable Housing
The applicant shall offer the City eighty-eight (88) below market rate rental units as follows:
a. Extremely low-income at 30% AMI: Forty-five units or fifty one percent b. Very low-income at 50% AMI: Twelve units or thirteen percent c. Low-income at 60% and 80% AMI: Thirty-one units or thirty five percent In addition to the eighty-eight units detailed above, two units shall be reserved for manager units and are not required to be income restricted for a total of ninety units. 119
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ATTACHMENT 1
Resolution No. 2022- Page 9
3) Impact Fee Waiver for Affordable Housing Project
The Memorandum of Understanding (MOU) executed on January 28, 2021, between the City of Los Altos and County of Santa Clara includes a discount of 100% of the City’s impact fees for traffic impact fees and for park in-lieu fees. Therefore, no such fees will be charged for the Project. 4) Americans with Disabilities Act
All improvements shall comply with Americans with Disabilities Act (ADA) and other applicable disability access laws. The latest edition of Caltrans ADA requirements shall apply to all improvements in the public right-of-way.
5) Signage Permit – City of Los Altos
Prior to the issuance of the building permit, the applicant shall apply and get approval for a detailed signage permit from the Planning Division. The signage package is required to comply with provisions of LAMC 14.68.4.1. Adequate signage shall be provided that directs delivery vehicles to the loading space in the garage.
6) Diesel Generator Prohibition
Diesel powered electric generators are prohibited for any purpose in this project. 7) Indemnity and Hold Harmless
The applicant/property owner agrees to indemnify, defend, protect, and hold the City harmless from all costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of the City in connection with the City’s defense of its actions in any proceedings brought in any State or Federal Court, challenging any of the City’s action with respect to the applicant’s project. The City may withhold final maps and/or permits, including temporary or final occupancy permits, for failure to pay all costs and expenses, including attorney's fees, incurred by the City in connection with the City's defense of its actions.
8) Tree Preservation Guidelines
All recommendations for tree preservation, pre-construction treatments and tree-protection during construction that are listed on page 7-9 of the arborist report are required conditions of approval for this project. The listed recommendation will need to be printed on the first page of the building plan set in addition to these COA’s.
9) Encroachment Permit
An encroachment permit, and/or an excavation permit shall be obtained prior to any work done within the public right-of-way and it shall be in accordance with plans to be approved by the City Engineer.
10) Public Utilities
The applicant shall contact electric, gas, communication, and water utility companies regarding the installation of new utility services to the site.
11) Municipal Regional Stormwater Permit
The project shall comply with City of Los Altos Municipal Regional Stormwater (MRP)NPDES Permit No. CA S612008, Order No. R2-2015-0049 dated November 19, 2015. 120
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ATTACHMENT 1
Resolution No. 2022- Page 10
12) Sewer Lateral
Any proposed sewer lateral connection shall be approved by the City Engineer. Only one sewer lateral per lot shall be installed. All existing unused sewer laterals shall be abandoned according to the City Standards, cut and cap 12” away from the main.
13) Transportation Permit
A Transportation Permit, per the requirements specified in California Vehicle Code Division 15, is required before any large equipment, materials or soil is transported or hauled to or from the construction site. Applicant shall pay the applicable fees before the transportation permit can be issued by the Traffic Engineer.
14) Pollution Prevention
The improvement plans shall include the “Blueprint for a Clean Bay” plan sheet in all plan submittals. 15) Storm Water Management Plan
The Applicant shall submit a Storm Water Management Plan (SWMP) in compliance with the MRP.

The SWMP shall be reviewed and approved by a City approved third party consultant at the Applicant’s expense. The recommendations from the Storm Water Management Plan (SWMP) shall be shown on the building plans.

PRIOR TO ISSUANCE OF BUILDING PERMIT
16) Affordable Housing Agreement
The Applicant shall execute and record an Affordable Housing Agreement, in a form approved and signed by the Development Services Director and the City Attorney with eighty-eight (88) below market rate units as detailed on Condition No. 2, for a period of at least 99 years. 17) Santa Clara County Fire Department Review
The project shall comply with all Santa Clara County Fire Department standards including but not limited to the comments and conditions provided in the Fire Department Development Review Comment letter dated July 11, 2022. A formal review of the building permit plans will be completed after submittal of the building permit application and a complete set of building permit design plans. 18) Public Utility Dedication
The applicant shall dedicate public utility easements as required by the utility companies to serve the site.
19) Payment of Fees
The applicant shall pay all applicable fees, including but not limited to sanitary sewer connection and impact fees as required by the City of Los Altos Municipal Code. 20) Storm Water Filtration Systems
The Applicant shall insure the design of all storm water treatment systems and devices are without standing water to avoid mosquito/insect infestation.
21) Cost Estimate and Performance Bonds
The applicant shall submit a cost estimate for the improvements in the public right-of-way and shall submit a 100 percent performance bond or cash deposit (to be held until acceptance of improvements) 121
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ATTACHMENT 1
Resolution No. 2022- Page 11
and a 50 percent labor and material bond (to be held 6 months after acceptance of improvements) for the work in the public right-of-way.
22) Grading and Drainage Plan
The Applicant shall submit on-site grading and drainage plans that include (i.e. drain swale, drain inlets, rough pad elevations, building envelopes, drip lines of major trees, elevations at property lines, all trees and screening to be saved) for approval by City Engineer. No grading or building pads are allowed within two-thirds of the drip line of trees unless authorized by a certified arborist and the Planning Division.
23) Sewage Capacity Study
The applicant shall submit calculations showing that the City’s existing sewer line will not exceed twothirds full due to the project’s sewer loads. Calculations shall include the 6” main from the end of the main on Distel Circle to the point where it connects to the 8” sewer line on El Camino Real and along El Camino Real to Jordan Avenue. For any segment that is calculated to exceed two-thirds full for average daily flow or for any segment that the flow is surcharged in the main due to peak flow, the applicant shall replace the 6” sewer line with an 8” sewer line, and 8” sewer line with a 12” sewer line.

For any segment that is calculated to exceed two-thirds full for average daily flow or for any segment that the flow is surcharged in the main due to peak flow, the applicant shall replace the sewer line with a larger sewer line.
24) Construction Management Plan
The Applicant shall submit a construction management plan for review and approval by the Community Development Director and the City Engineer. The construction management plan shall address any construction activities affecting the public right-of-way, including but not limited to excavation, traffic control, truck routing, pedestrian protection, material storage, earth retention and construction vehicle parking. The plan shall provide specific details with regards to how construction vehicle parking will be managed to minimize impacts on nearby residential and commercial properties. Sidewalks, parking and travel lanes along Distel Circle shall not be closed for the full duration of the project. Closures will be reviewed and approved with Encroachment Permit submittals.
25) Solid Waste Ordinance Compliance
The Applicant shall be in compliance with the City’s adopted Solid Waste Collection, Remove, Disposal, Processing & Recycling Ordinance (LAMC Chapter 6.12) which includes a mandatory requirement that all multi-family dwellings provide for recycling and organics collection programs. 26) Solid Waste and Recyclables Disposal Plan
The Applicant shall contact Mission Trail Waste Systems and submit a solid waste and recyclables disposal plan indicating the type, size and number of containers proposed, and the frequency of pickup service subject to the approval of the Engineering Division. The Applicant shall also submit evidence that Mission Trail Waste Systems has reviewed and approved the size and location of the proposed trash enclosure. The enclosure shall be designed to prevent rainwater from mixing with the enclosure's contents and shall be drained into the City’s sanitary sewer system. The enclosure's pad shall be designed to not drain outward, and the grade surrounding the enclosure designed to not drain into the enclosure. In addition, Applicant shall show on plans the proposed location of how the solid waste will be collected by the refuse company. Include the relevant garage clearance dimension and/or staging location with appropriate dimensioning on to plans. 122
Agenda Item # 10.

ATTACHMENT 1
Resolution No. 2022- Page 12
27) Acoustical Report
The applicant shall submit a report from an acoustical engineer/consultant ensuring that the rooftop mechanical equipment meets the City’s exterior noise regulations.

PRIOR TO OCCUPANCY
28) Landscape and Irrigation Installation
All on- and off-site landscaping and irrigation shall be installed and approved by the Development Services Director and the City Engineer or their designees. Provide a landscape WELO Certificate of Completion, signed by the project’s landscape professional and property owner, verifying that the trees, landscaping and irrigation were installed per the approved landscape documentation package. 29) Sidewalk in Public Right-of-Way
The Applicant shall remove and replace entire sidewalk and curb and gutter along the project frontage of Distel Circle as directed by the City Engineer. All sidewalks in the public right-of-way shall be City Standard concrete sidewalks.
30) New ADA Ramps and Crosswalks
The applicant shall provide two (2) new ADA ramps per the City standards. Two ADA ramps shall be installed at the new driveway approach on Distel Circle. 31) Micro-surfacing Distel Circle
The applicant shall install micro-surfacing treatment up to half the width of Distel Circle along the project frontage.
32) Parking Stall and Red Curb Striping
The applicant shall install parking stall striping and red curb along the project frontage of Distel Circle as directed by the City Engineer or his designee.
33) Public Infrastructure Repairs
The Applicant shall repair any damaged right-of-way infrastructures and otherwise displaced curb, gutter and/or sidewalks and City’s storm drain inlet shall be removed and replaced as directed by the City Engineer or his designee. The Applicant is responsible to resurface (grind and overlay) half of the street along the project frontage of Distel Circle if determined to be damaged during construction, as directed by the City Engineer or his designee.
34) Maintenance Bond
A one-year, ten-percent maintenance bond shall be submitted upon acceptance of improvements in the public right-of-way.
35) SWMP Certification
The Applicant shall have a final inspection and certification done and submitted by the Engineer who designed the SWMP to ensure that the treatments were installed per design. The Applicant shall submit a maintenance agreement to City for review and approval for the stormwater treatment methods installed in accordance with the SWMP. Once approved, City shall record the agreement. 123
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ATTACHMENT 1
Resolution No. 2022- Page 13
36) Label Catch Basin Inlets
The Applicant shall label all new or existing public and private catch basin inlets which are on or directly adjacent to the site with the “NO DUMPING - FLOWS TO ADOBE CREEK” logo as required by the City.
37) Prevailing Wages
All improvements to infrastructure in the public right of way required by these conditions of approval shall be subject to payment of prevailing wages, as required by Labor Code Section 1720, et seq. 124
Agenda Item # 10.

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of Los Altos
70 W Hedding Street, East Wing, 1st Floor
330 Distel Circle Residential Project
EAH Housing
Los Altos Santa Clara
City of Los Altos
Radha Hayagreev, Senior Consulting Planner
X
Radha Hayagreev (408) 796-4370
Senior Consulting Planner
1 N San Antonio Road, CA
94022
Santa Clara
San Jose, CA 95110
The project proposes to demolish the existing 12,120 square foot office building, associated surface parking, and landscaping on-site in order to construct a new, five-story apartment building totaling approximately 114,970 square feet. The apartment building would include 90, 100 percent affordable studio, one-, two-, and three-bedroom apartment units situated around a central courtyard on top of podium parking.
330 Distel Circle, located south of the intersection of Distel Circle and El Camino Real Infill Development Project, Class 32, CEQA Guidelines Section 15332 The project is exempt under CEQA Guidelines Section 15332 In-Fill Development Projects (Class 32) by meeting the required conditions of a) being consistent with the general plan and zoning, b) being located on a parcel under 5 acres within the city limits surrounded by development, c) containing no sensitive habitats on-site, d) not resulting in any significant impacts related to traffic, noise, air or water quality, and e) being adequately served by existing on-site utilities. None of the exceptions pursuant to CEQA Guidelines Section 15300.2 were met.
■
125
Agenda Item # 10.

Initial Study
Application Number: 2021-0006
330 Distel Circle Residential Project
July 2022
In Consultation with
Prepared by
126
Agenda Item # 10.
330 Distel Circle Residential Project i Initial Study
City of Los Altos July 2022

TABLE OF CONTENTS
Section 1.0 Introduction and Purpose ................................................................................................ 1

1.1 Purpose of the Initial Study .................................................................................................... 1

1.2 Notice of Exemption ............................................................................................................... 1 Section 2.0 Project Information ......................................................................................................... 2

2.1 Project Title, Application Number ......................................................................................... 2

2.2 Lead Agency Contact ............................................................................................................. 2

2.3 Project Applicant .................................................................................................................... 2

2.4 Project Location ...................................................................................................................... 2

2.5 Assessor’s Parcel Number ...................................................................................................... 6

2.6 General Plan Designation and Zoning District ....................................................................... 6

2.7 Project-Related Approvals, Agreements, and Permits............................................................ 6 Section 3.0 Project Description .......................................................................................................... 7

3.1 Project Overview .................................................................................................................... 7 Section 4.0 Environmental Setting, Checklist, and Impact Discussion ........................................... 18

4.1 Aesthetics .............................................................................................................................. 19

4.2 Agriculture and Forestry Resources ..................................................................................... 27

4.3 Air Quality ............................................................................................................................ 30

4.4 Biological Resources ............................................................................................................ 49

4.5 Cultural Resources ................................................................................................................ 58

4.6 Energy ................................................................................................................................... 64

4.7 Geology and Soils ................................................................................................................. 70

4.8 Greenhouse Gas Emissions ................................................................................................... 78

4.9 Hazards and Hazardous Materials ........................................................................................ 86

4.10 Hydrology and Water Quality .............................................................................................. 96

4.11 Land Use and Planning ....................................................................................................... 104

4.12 Mineral Resources .............................................................................................................. 107

4.13 Noise ................................................................................................................................... 109

4.14 Population and Housing ...................................................................................................... 121

4.15 Public Services.................................................................................................................... 124

4.16 Recreation ........................................................................................................................... 131

4.17 Transportation ..................................................................................................................... 134

4.18 Tribal Cultural Resources ................................................................................................... 147

4.19 Utilities and Service Systems ............................................................................................. 150 127
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330 Distel Circle Residential Project ii Initial Study
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4.20 Wildfire ............................................................................................................................... 158

4.21 Mandatory Findings of Significance .................................................................................. 160 Section 5.0 References ................................................................................................................... 163 Section 6.0 Lead Agency and Consultants ..................................................................................... 169

6.1 Lead Agency ....................................................................................................................... 169

6.2 Consultants ......................................................................................................................... 169 Section 7.0 Acronyms and Abbreviations ...................................................................................... 170 Figures
Figure 2.4-1: Regional Map ................................................................................................................... 3 Figure 2.4-2: Vicinity Map .................................................................................................................... 4 Figure 2.4-3: Aerial Map ....................................................................................................................... 5 Figure 3.1-1: Conceptual Ground Floor Site Plan ................................................................................. 8 Figure 3.1-2: Building Elevations (Distel Circle) .................................................................................. 9 Figure 3.1-3: Building Elevations (Rear) ............................................................................................. 10 Figure 4.3-1: Off-Site Receptors and Maximally Exposed Individual ................................................ 43 Figure 4.3-2: Project MEI and Nearby TAC and PM2.5 Sources ......................................................... 46 Figure 4.4-1: Tree Location Map ......................................................................................................... 53 Figure 4.13-1: Noise Measurement Locations ................................................................................... 113 Figure 4.17-1 - Existing Bicycle Facilities ........................................................................................ 138 Figure 4.17-2 - Existing Transit Facilities and Transit Priority Areas ............................................... 141 Photos
Photos 1 & 2 ....................................................................................................................................... 22 Photos 3 & 4 ....................................................................................................................................... 23 Photos 5 & 6 ....................................................................................................................................... 24 Tables
Table 4.3-1: Health Effects of Air Pollutants ...................................................................................... 30 Table 4.3-2: BAAQMD Air Quality Significance Thresholds ............................................................ 35 Table 4.3-4: Construction Period Emissions ........................................................................................ 36 Table 4.3-5: Project Consistency with Bay Area 2017 CAP Applicable Control Measures ............... 38 Table 4.3-6: Construction Risk Impacts at Off-Site MEI .................................................................... 44 Table 4.3-7: Impacts from Combined Sources at the Off-Site MEI .................................................... 45 Table 4.4-1: Summary of Trees On and Adjacent to the Project Site .................................................. 51 128
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330 Distel Circle Residential Project iii Initial Study City of Los Altos July 2022
Table 4.6-1: Estimated Energy Use of the Project ............................................................................... 69 Table 4.8-1: Annual Project GHG Emissions (CO2e) in Metric Tons and Per Capita ........................ 84 Table 4.13-2: Exterior Noise Limits .................................................................................................. 111 Table 4.13-3: Calculated Construction Noise Levels at Nearest Property Lines ............................... 116 Appendices
Appendix A: Air Quality and GHG Assessment
Appendix B: Arborist Report
Appendix C: Geotechnical Report
Appendix D: Phase I Environmental Site Assessment
Appendix E: Noise Assessment
Appendix F: Transportation Analysis
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330 Distel Circle Residential Project 1 Initial Study
City of Los Altos July 2022
SECTION 1.0 INTRODUCTION AND PURPOSE

1.1 PURPOSE OF THE INITIAL STUDY
The City of Los Altos, as the Lead Agency, has prepared this Initial Study for the 330 Distel Circle Project in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations §15000 et. seq.) and the regulations and policies of the City of Los Altos, California.

The approximately 0.87-acre project site is located at 330 Distel Circle, south of the intersection of Distel Circle and El Camino Real, in the City of Los Altos. The project proposes to demolish the existing 12,120 square foot office building, associated surface parking, and landscaping on-site in order to construct a new, five-story apartment building totaling approximately 116,040 square feet.

The apartment building would include 90, 100 percent affordable studio, one-, two-, and threebedroom apartment units situated around a central courtyard on top of podium parking. This Initial Study evaluates the environmental impacts that might reasonably be anticipated to result from implementation of the proposed project.

Based on the analysis and documentation in this Initial Study, the City of Los Altos staff have determined that the project qualifies for a Categorical Exemption (CE) under CEQA.

1.2 NOTICE OF EXEMPTION
If the project is approved, the City of Los Altos will file a Notice of Exemption (NOE), which will be available for public inspection and posted within 24 hours of receipt at the County Clerk’s Office for 35 days. The filing of the NOE starts a 35-day statute of limitations on court challenges to the approval under CEQA (CEQA Guidelines Section 15062(d)). 130
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330 Distel Circle Residential Project 2 Initial Study
City of Los Altos July 2022
SECTION 2.0 PROJECT INFORMATION

2.1 PROJECT TITLE, APPLICATION NUMBER
330 Distel Circle Residential, Application Number: 2021-0006

2.2 LEAD AGENCY CONTACT
Radha Hayagreev, Senior Consulting Planner
City of Los Altos
1 North San Antonio Road, Los Altos, CA 94022
Email: [email protected]
Phone Number: (408) 796-4370

2.3 PROJECT APPLICANT
Steve Pratt / Welton Jordan
EAH Housing
16170 Monterey Road, Suite 100, Morgan Hill, CA 95037
Email: [email protected] or [email protected] Phone Number: (415) 258-1800

2.4 PROJECT LOCATION
The approximately 0.87-acre project site is located at 330 Distel Circle, south of the intersection of Distel Circle and El Camino Real, in the City of Los Altos. The project site is currently developed with an approximately 12,120 square foot single-story office building, landscaping, and surface parking. The landscaping on-site includes a variety of shrubs and a total of 19 trees exist within the project site boundary. In this document, for ease of reference, El Camino Real is considered north of the project site and Distel Circle is considered east of the project site.

Surrounding land uses include office uses to the east and west, a commercial fast-food restaurant followed by El Camino Real to the north, and a medical office building to the southwest of the site.

Additionally, residential uses are located southwest and north (on the north side of El Camino Real) of the site. Office and commercial uses are the predominant land uses along the El Camino Real corridor in the vicinity of the project site.

Regional and vicinity maps of the site are shown below on Figure 2.4-1 and Figure 2.4-2, respectively, and an aerial photograph of the project site and the surrounding land uses is shown on Figure 2.4-3.
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Agenda Item # 10.
101
101
82 82
35 84
85 237
280
280
280
Foothill Expressway
Central Expressway
Woodside Road
San
Francisco
Bay
Sunnyvale
Los Altos
Mountain View
Menlo Park
Palo Alto
East Palo Alto
Woodside
Stanford
Project Site
REGIONAL MAP FIGURE 2.4-1
San Francisco Bay
Pacific Ocean
Monterey Bay
01 2 3 4 .5 5 Miles
San José
Fremont
Oakland
San Francisco
Santa Cruz Morgan Hill
San José
Fremont
Menlo Park
Sunnyvale
Oakland
San Francisco
Santa Cruz Morgan Hill
Project Site
City of Los Altos330 Distel Circle Residential Project 3 Initial Study July 2022
132
Agenda Item # 10.

Ortega Avenue
Latham Street
Latham Street
Rengstorff Avenue
California Street
Jordan Avenue
Jordan Avenue Catalina Way
Catalina Court
San Juan Court
East Portola Avenue
Portola Court
Delphi Court
Delphi Circle
Los Altos Square
Los Altos Square
Marich Way
Marich Way
Dist e l Circle
Distel Drive
Panchita Way
Los Ninos Way
Casita Way
Casita Way
Ortega Avenue
Latham Street
El Camino Real
El Camino Real
Latham Street
Rengstorff Avenue
California Street
Jordan Avenue
Jordan Avenue Catalina Way
Catalina Court
SanJuan Court
East Portola Avenue
Portola Court
Delphi Court
Delphi Circle
Los Altos Square
Los Altos Square
Marich Way
Marich Way
Dist e l Circle
Distel Drive
Panchita Way
Los Ninos Way
Casita
Way
Casita Way
82 82
Base Map: Google Maps
0 100 400 600 800 Feet
Project Site
VICINITY MAP FIGURE 2.4-2
City of Los Altos330 Distel Circle Residential Project 4 Initial Study July 2022
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Agenda Item # 10.

School
Commercial
Commercial
Office
Office
Office
Office
Residential
Residential
Residential
Medical Office
Hotel
Marich Way
Distel Circle
Distel Drive
Marich Way
El Camino Real
El Camino Real
Distel Circle
Distel Drive
82 AERIAL PHOTOGRAPH AND SURROUNDING LAND USES FIGURE 2.4-3 Aerial Source: Google Earth Pro, Jan. 7, 2022. Photo Date: Sep. 2020 0 50 100 200 300 Feet
Project Boundary
City of Los Altos330 Distel Circle Residential Project 5 Initial Study July 2022
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330 Distel Circle Residential Project 6 Initial Study
City of Los Altos July 2022

2.5 ASSESSOR’S PARCEL NUMBER
170-04-051

2.6 GENERAL PLAN DESIGNATION AND ZONING DISTRICT
The General Plan designation for the project site is Thoroughfare Commercial. The Thoroughfare Commercial land use designation typically allows for retail, service, and office uses. The city allows commercial mixed-use with housing or residential-only development within this land use designation as well. High-density residential land uses that provide affordable housing are also encouraged within this designation.

2.7 PROJECT-RELATED APPROVALS, AGREEMENTS, AND PERMITS
The applicant proposes to finance the project through Department of Housing and Urban Development (HUD) funding. The project, therefore, would be subject to National Environmental Policy Act (NEPA) environmental review pursuant HUD regulations (24 CFR 58.36). Discretionary approvals required from the City for the project include the following:
• Multiple-Family Design Review
• Conditional Use Permit
• Tree Removal Permit
• Density Bonus and Development Incentives
• Building Permits
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330 Distel Circle Residential Project 7 Initial Study
City of Los Altos July 2022
SECTION 3.0 PROJECT DESCRIPTION

3.1 PROJECT OVERVIEW
The project would demolish the existing 12,120 square foot office building, associated surface parking, and landscaping on-site in order to construct a new, five-story apartment building totaling approximately 116,040 square feet. The apartment building would include 90, 100 percent affordable studio, one-, two-, and three-bedroom apartment units situated around a central courtyard on top of podium parking. The ground floor would contain the residential lobby, utility, trash, and maintenance rooms, bike storage, car parking (including mechanized parking stalls), and loading stalls. The residential lobby would consist of the leasing office and meeting room space, a co-working area, a multi-purpose room with restrooms, and laundry, package, and mail rooms. The five-story building would have a maximum building height of 64 feet and a density of 103.45 du/ac.

The project would utilize the State Density Bonus Law and the City’s Affordable Housing Ordinance to exceed the allowed density and maximum building height; therefore, the project would not require a General Plan amendment or rezoning. Pursuant to State Density Bonus Law and the City’s Affordable Housing Ordinance, the project may be eligible for the following concessions and waivers, including maximum controls on density, reduction of the front setback, reduced private open space per resident, a reduced upper story setback, partial visibility elimination of the interior courtyard, to allow wood as a distinct base material, and to allow refuse pick up from the public right-of-way.

The proposed site plan is shown on Figure 3.1-1 and elevations of the proposed building are shown on Figure 3.1-2 and Figure 3.1-3 below.

Additional details about the proposed amenity space and landscaping, site access and parking, stormwater controls, green building features, and construction activities are provided below. 136
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City of Los Altos
330 Distel Circle Residential Project 8 Initial Study
July 2022
Source: ktgy Architecture + Planning, October 18, 2021.

PLAZA
0 8’ 16’ 24’

DISTEL CIRCLE
CONCEPTUAL GROUND FLOOR SITE PLAN FIGURE 3.1-1
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Source: ktgy Architecture + Planning, October 18, 2021.

Level 1
Level 2
Level 3
T.O. Plate
± 59'-0"
± 64'-0"
T.O. Roof
Level 4
Level 5
Level 1
Level 2
Level 3
T.O. Plate
± 59'-0"
± 64'-0"
T.O. Roof
Level 4
Level 5

SIDE ELEVATION

DISTEL CIRCLE ELEVATION
T.O. ROOF
T.O. PLATE
LEVEL 5
LEVEL 4
LEVEL 3
LEVEL 2
LEVEL 1
± 64’-0”
± 59’-0”
5’-0” 9’-0” 9’-0” 9’-0”
1’-0” 2’-0” 2’-0” 2’-0”
9’-0” 14’-0”
2’-0”
T.O. ROOF
T.O. PLATE
LEVEL 5
LEVEL 4
LEVEL 3
LEVEL 2
LEVEL 1
± 64’-0”
± 59’-0”
5’-0” 9’-0” 9’-0” 9’-0”
1’-0” 2’-0” 2’-0” 2’-0”
9’-0” 14’-0”
2’-0”
BUILDING ELEVATIONS (DISTEL CIRCLE) FIGURE 3.
1-2
City of Los Altos330 Distel Circle Residential Project 9 Initial Study July 2022
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Source: ktgy Architecture + Planning, October 18, 2021.

Level 1
Level 2
Level 3
T.O. Plate
± 59'-0"
± 64'-0"
T.O. Roof
Level 4
Level 5
Level 1
Level 2
Level 3
T.O. Plate
± 59'-0"
± 64'-0"
T.O. Roof
Level 4
Level 5

SIDE ELEVATION

REAR ELEVATION
T.O. ROOF
T.O. PLATE
LEVEL 5
LEVEL 4
LEVEL 3
LEVEL 2
LEVEL 1
± 64’-0”
± 59’-0”
5’-0” 9’-0” 9’-0” 9’-0”
1’-0” 2’-0” 2’-0” 2’-0”
9’-0” 14’-0”
2’-0”
T.O. ROOF
T.O. PLATE
LEVEL 5
LEVEL 4
LEVEL 3
LEVEL 2
LEVEL 1
± 64’-0”
± 59’-0”
5’-0” 9’-0” 9’-0” 9’-0”
1’-0” 2’-0” 2’-0” 2’-0”
9’-0” 14’-0”
2’-0”
BUILDING ELEVATIONS (REAR) FIGURE 3.
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3.1.1 Amenity Space and Landscaping
The proposed project would include a total of approximately 9,260 square feet of outdoor amenity space, most of which would be provided in the second-floor courtyard on top of the podium, with additional amenity space provided by the ground floor plaza located at the southeast corner of the site. The project would also provide two benches on the sidewalk, in front of the building. The proposed outdoor common areas would include amenities such as a landscaping, lounge areas, a children’s play space, vegetable gardens, and outdoor game areas. The ground floor plaza would specifically consist of seating areas, landscaping, and a connection to the pedestrian walkway on the western side of the property that would lead to the stairwell and garage. Select units on the exterior of the building would have private balconies.

The project would preserve seven existing on-site and off-site trees and require the removal of remaining twenty on-site trees. Eight of the trees to be removed are designated “protected trees.”1 The project would plant a new vegetative buffer along the western boundary of the project site and new trees along the perimeter of the site.

3.1.2 Site Access and Parking
Currently, vehicle access the project site from two driveways on Distel Circle. The project would remove the southern driveway on-site and replace the northern driveway with a new 24-foot wide, two-way driveway accessed via Distel Circle that would lead to the ground-level podium parking garage. This garage would contain a total of 90 vehicle parking spaces, which equates to one stall per dwelling unit.

The parking garage would include surface parking spaces and mechanical parking stalls that allow for the stacking of parked cars. The garage would provide 84 total parking spaces in mechanical lift parking stalls. These mechanical lift parking stalls provide multiple parking spaces per stall by stacking two cars vertically, and in some cases, with a third car stacked in a pit area below grade. The parking stalls with pits would extend approximately eight feet below grade. Of the 84 mechanical parking stalls in the garage, 68 would have the capacity to store two vehicles vertically and 16 would have a pit area to allow for the storage of three vehicles at a time. Three spaces would be provided as standard surface parking stalls and an additional three surface stalls would be handicap accessible.

The project also includes a total of 45 Class I bicycle parking space in a secure storage room on the ground floor of the building (refer to Figure 3.1-1). Six, short term bicycle parking spaces are provided on the sidewalk in front the building.
1 The definition of “protected trees” is as follows: 1) Any tree that is 48-inches (four feet) or greater in circumference when measured at 48-inches above the ground. 2) Any tree designated by the Historical Commission as a Heritage Tree or any tree under official consideration for a Heritage Tree designation. (All Canary Island Palm trees on Rinconada Court are designated as Heritage Trees.) 3) Any tree which was required to be either saved or planted in conjunction with a development review approval (i.e. new two-story house). 4) Any tree located within a public right-of-way. 5) Any tree, regardless of size, located on property zoned other than single-family (R1).

Source: City of Los Altos. “Tree Removal.” Accessed January 13, 2022. Available at:
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Pedestrian access to the project site would continue to be provided via sidewalks on Distel Circle, which would also provide access to the plaza located on the southern corner of the building. The project would expand the existing sidewalk from five to 14 feet wide.

3.1.3 Stormwater Controls
Construction of the project would result in a decrease in impervious surfaces compared to existing conditions. The impervious surface area under the proposed project would total 29,022 square feet (or 76 percent of the site). Stormwater runoff from the site would be treated via new on-site bioretention area within the eastern setback, permeable pavement for portions of the sidewalk, and storm drain treatment unit in the eastern corner of the setback near Distel Circle.

3.1.4 Green Building Features
The project would be built in accordance with the California Green Building Standards Code (CALGreen) requirements. The project would incorporate green building features including, but not limited to, the following:
• Resource Efficient Landscaping: The project would plant drought tolerant species for landscaping. The plants would be located and allowed to grow to natural size. • Water-Efficient Fixtures: The project would install WaterSense bathroom faucets and toilets in residential units and common areas. High efficiency irrigation fixtures would also be installed for the on-site landscaping.
• Solar Photovoltaic Panels: The project would reserve several areas on the roof top for potential solar panel arrays.
• Increase Energy Efficiency: The project would install higher-efficiency appliance, high - efficiency outdoor light, and obtain third-party heating, ventilation, and air conditioning (HVAC) commissioning.

3.1.5 Construction Activities
Project construction activities include demolition, site preparation, grading and excavation, building construction, architectural coatings, and paving. The project would utilize mass timber (a renewable resource) as opposed to concrete (a non-renewable resource) to construct the ground floor of the proposed apartment building. All of the residential units would be modular units. The modular units would be manufactured off-site and then transported to the project site, which reduces on-site construction noise, minimizes material waste, and facilitates faster construction of the project.

It is estimated that project construction would take a total of 20 months and require excavation at a maximum depth of eight feet below ground surface. The project would comply with the City of Los Altos Demolition Permit and Municipal Code Section 6.14.030 (Construction Diversion Ordinance), which requires sixty five percent construction waste is diverted from the landfill as recycled or salvaged for reuse. Excavation and removal of approximately 35 cubic yards of soil would be necessary to accommodate the proposed building foundations and footings, utilities, and parking pits.

It is assumed that construction of the project would start in January 2023 and be completed in August 2024.
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3.1.5.1 Standard Construction Measures
The project proposes to conform to all existing regulations including Bay Area Air Quality Management District (BAAQMD) best management practices, the Migratory Bird Treaty Act and California Fish and Game Code, City of Los Altos Demolition Permit Construction Diversion Ordinance, Provision C.3 of the Municipal Regional Permit, Los Altos Municipal Code, and Cal Green requirements. The project includes the following standard measures to avoid and minimize impacts related to construction-related air quality emissions, nesting birds, undiscovered subsurface cultural resources (if present), contaminated soil, and construction-related noise. The below measures are standard measures required to comply with existing regulations and/or are typically implemented by urban, infill development.

Air Quality
• Designate an on-site coordinator and monitor to ensure implementation of the below dust and emission control measures.
• Water all exposed surfaces at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe. • Cover all haul trucks transporting soil, sand, or other loose material off-site. • Remove all visible mud or dirt track-out onto adjacent public roads using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • Limit all vehicle speeds on unpaved roads to 15 mph.
• Complete pavement of all roadways, driveways, and sidewalks as soon as possible. • Lay out building pads as soon as possible after grading unless seeding or soil binders are used.
• Maintain and properly tune all construction equipment in accordance with manufacturer’s specifications. Check all equipment by a certified mechanic and determined to be running in proper condition prior to operation.
• Post a publicly visible sign with the telephone number of the on-site coordinator/monitor and telephone number and person to contact at the City of Los Altos regarding dust complaints.

The on-site coordinator/monitor would respond and take corrective action within 48 hours.

Post the Air District’s phone number to be visible to ensure compliance with applicable regulations.
• Suspend all excavation, grading, and/or demolition activities when average wind speeds exceed 20 mph.
• Install wind breaks (e.g., trees, fences) on the windward side(s) of actively disturbed areas of construction. Wind breaks should have at maximum 50 percent air porosity. • Plant vegetative ground cover (e.g., fast-germinating native grass seed) in disturbed areas as soon as possible and water appropriately until vegetation is established. • Limit the simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time. Phase activities to reduce the amount of disturbed surfaces at any one time.
• Wash all trucks and equipment, including their tires, prior to leaving the site. 142
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• Treat site accesses to a distance of 100 feet from the paved road with a 6-to-12-inch compacted layer of wood chips, mulch, or gravel.
• Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent.
• Minimize idling times either by shutting equipment off when not in use or reducing the maximum idling time to two minutes. Provide clear signage for construction workers at all access points.
• Reduce diesel particulate matter emissions by 87 percent such that increased cancer risk and annual PM2.5 concentrations from construction would be reduced below TAC significance levels is as follows:
o Require all construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total meet U.S. Environmental Protection Agency (EPA) Tier 4 emission standards for PM (PM10 and PM2.5) if feasible, otherwise,
 If use of Tier 4 equipment is not available, alternatively use equipment that meets EPA emission standards for Tier 3 engines and include particulate matter emissions control equivalent to California Air Resources Board (CARB) verifiable diesel emission control devices that altogether achieve an 87 percent reduction in particulate matter exhaust from the project in comparison to uncontrolled equipment; alternatively (or in combination), o Provide line power to the site during the early phases of construction to minimize the use of diesel-powered stationary equipment.
o Power stationary cranes by electricity.
o Register all mobile diesel construction equipment used for the project with CARB through DOORS and have an assigned unique Equipment Identification Number (EIN).2 The vehicles EIN label will be clearly visible on the equipment so the public can use DOORS, the CARB online tool, to look up the equipment type, size, and age.

Alternatively, the applicant may develop another construction operations plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 87 percent or greater. Elements of the plan could include a combination of some of the following measures:
o Implementation of No. 1 above to use Tier 4 or alternatively fueled equipment, o Installation of electric power lines during early construction phases to avoid use of diesel generators and compressors,
o Use of electrically-powered equipment,
o Use electric or propane/natural gas powered forklifts and aerial lifts for exterior and interior building construction
o Change in construction build-out plans to lengthen phases, and o Application of different building methods that result in less diesel equipment usage. 2 DOORS is an online reporting tool operated by the California Air Resource Board (CARB) for off-road diesel and large park-ignition equipment.
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Such a construction operations plan would be subject to review by an air quality expert and approved by the City prior to construction.

Nesting Birds
• The project would schedule demolition and construction activities to avoid the nesting season. The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1st through August 31st (inclusive). • If demolition and construction cannot be scheduled between September 1st and January 31st (inclusive), pre-construction surveys for nesting birds would be completed by a qualified ornithologist to ensure that no nests are disturbed during project implementation. This survey would be completed no more than seven days prior to the initiation of construction activities.

During this survey, the ornithologist would inspect all trees and other possible nesting habitats within 250 feet (for raptors) and 100 feet (for non-raptors) of the construction areas for nests.
• If an active nest is found within 250 feet for raptors and 100 feet for non-raptors of the work areas to be disturbed by construction, the ornithologist/biologist would determine the extent of a construction free buffer zone to be established around the nest, typically 250 feet for raptors and 100 feet for other birds, to ensure that raptor or migratory bird nests are not disturbed during project construction. The no-disturbance/construction free buffer zone would remain in place until the ornithologist/biologist determines the nest is no longer active or the nesting season ends. If construction ceases for seven days or more then resumes again during the nesting season, an additional survey would be necessary to avoid impacts to active bird nests that may be present.

Cultural and Paleontological Resources
• In the event that buried, or previously unrecognized archaeological deposits or materials of any kind are inadvertently exposed during any construction activity, stop all activity within a 50-foot radius of the find until a qualified archaeologist can assess the find and provide recommendations for further treatment, if warranted. Preservation in place is the preferred treatment of an archeological resource. When preservation in place of an archeological resource is not feasible, data recovery, in accord with a data recovery plan prepared and adopted by the City, is the appropriate action. Construction and potential impacts to the area within a radius determined by the archaeologist would not recommence until the assessment is complete.
• In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50-foot radius of the find would be stopped. The Santa Clara County Coroner would be notified and would make make a determination as to whether the remains are of Native American origin or whether an investigation into the cause of death is required.

If the remains are determined to be Native American, the Coroner would notify the California Native American Heritage Commission (NAHC) immediately. Once NAHC identifies the most likely descendants, the descendants would make recommendations regarding proper burial, which would be implemented in accordance with Section 15064.5 of the CEQA Guidelines.
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• Should a unique paleontological resource be identified at the project site during any phase of construction, all ground disturbing activities within 25 feet would cease and the Planning and Building Director notified immediately. A qualified paleontologist would be retained to evaluate the find and prescribe action measures to reduce impacts to a less than significant level. Work may proceed on other parts of the project site while action for paleontological resources is implemented. Upon completion of the paleontological assessment, a report would be prepared and submitted to the City and, if paleontological materials are recovered, a paleontological repository, such as the University of California Museum of Paleontology would also be submitted to the City.

Contaminated Soil
• Prior to issuance of demolition or grading permits, the project applicant would prepare a Site Management Plan (SMP) to guide activities during demolition, excavation, and initial construction to ensure that potentially contaminated soils are identified, characterized, removed, and disposed of properly. The purpose of the SMP is to establish appropriate management practices for handling impacted soil or other materials that may be encountered during construction activities. The SMP would provide the protocols for sampling of in-place soil to facilitate the profiling of the soil for appropriate off-site disposal or reuse, and for construction worker safety, dust mitigation during construction and potential exposure of contaminated soil to future users of the site. The soil profiling would include (but not limited to) the collection of shallow soil samples (upper one-foot) and analyses for lead and organochlorine pesticides. The soil profiling would be performed prior to any significant earthwork.

If there are no contaminants identified on the project sites that exceed applicable screening levels for construction workers and residential users published by the Regional Water Quality Control Board, Department of Toxic Substances Control, and/or Environmental Protection Agency, the SMP does not need to be submitted to an oversight agency and only submitted to the City prior to construction earthwork activities. If contaminants are identified at concentrations exceeding applicable screening levels, the project applicant would obtain regulatory oversight from the Santa Clara County Department of Environmental Health (or Department of Toxic Substances Control) under their Site Cleanup Program. A copy of the SMP and any soil sampling and resting results would be submitted to the Director of Community Development.

Noise
• Limit construction activities to the hours between 7:00 a.m. and 5:30 p.m., Monday through Friday, and on Saturdays between 9:00 a.m. and 3:00 p.m., in accordance with the City’s Municipal Code. Prohibit construction on Sundays and holidays unless permission is granted with a development permit or other planning approval.
• Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. • Strictly prohibit unnecessary idling of internal combustion engines. 145
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• Locate stationary noise-generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors., Use adequate muffling (with enclosures where feasible and appropriate) to reduce noise levels at the adjacent sensitive receptors if noise-generating equipment must be located near receptors. Face enclosure openings or venting away from sensitive receptors.
• Utilize “quiet” air compressors and other stationary noise sources where technology exists. • Erect a temporary noise barrier along the northeast and southeast property lines of the residence at 311 Marich Way. Design the barrier to achieve a minimum nine-dBA of noise reduction for ground level activities and five-dBA of noise reduction from upper-level activities in order to reduce construction noise levels in the rear yard to 75 dBA Leq or less. • Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site.
• The contractor shall prepare a detailed construction plan identifying the schedule for major noise-generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance.

Designate a “disturbance coordinator” who would be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and implement reasonable measures to correct the problem. The telephone number for the disturbance coordinator at the construction site shall be conspicuously posted and include the notice sent to neighbors regarding the construction schedule. 146
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SECTION 4.0 ENVIRONMENTAL SETTING, CHECKLIST, AND

IMPACT DISCUSSION
This section presents the discussion of impacts related to the following environmental subjects in their respective subsections:

4.1 Aesthetics

4.2 Agriculture and Forestry Resources

4.3 Air Quality

4.4 Biological Resources

4.5 Cultural Resources

4.6 Energy

4.7 Geology and Soils

4.8 Greenhouse Gas Emissions

4.9 Hazards and Hazardous Materials

4.10 Hydrology and Water Quality

4.11 Land Use and Planning

4.12 Mineral Resources

4.13 Noise

4.14 Population and Housing

4.15 Public Services

4.16 Recreation

4.17 Transportation

4.18 Tribal Cultural Resources

4.19 Utilities and Service Systems

4.20 Wildfire

4.21 Mandatory Findings of Significance
The discussion for each environmental subject includes the following subsections:
• Environmental Setting – This subsection 1) provides a brief overview of relevant plans, policies, and regulations that compose the regulatory framework for the project and 2) describes the existing, physical environmental conditions at the project site and in the surrounding area, as relevant.
• Impact Discussion – This subsection 1) includes the recommended checklist questions from Appendix G of the CEQA Guidelines to assess impacts and 2) discusses the project’s impact on the environmental subject as related to the checklist questions. Where applicable, implementation of proposed standard avoidance and minimization measures or adherence to the General Plan, City’s Municipal Code, and state and federal regulations are identified. 147
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4.1 AESTHETICS

4.1.1 Environmental Setting

4.1.1.1 Regulatory Framework
State
Senate Bill 743
Senate Bill (SB) 743 was adopted in 2013 and requires lead agencies to use alternatives to Level of Service (LOS) for evaluating transportation impacts, specifically Vehicle Miles Traveled (VMT). SB 743 also included changes to CEQA that apply to transit-oriented developments, as related to aesthetics and parking impacts. Under SB 743, a project’s aesthetic impacts will no longer be considered significant impacts on the environment if:
• The project is a residential or mixed-use residential project, and • The project is located on an infill site within a Transit Priority Area (TPA).3,4

SB 743 also clarifies that local governments retain their ability to regulate a project’s aesthetics impacts outside of the CEQA process.

Streets and Highway Code Sections 260 through 263
The California Scenic Highway Program (Streets and Highway Code, Sections 260 through 263) is managed by the California Department of Transportation (Caltrans). The program is intended to protect and enhance the natural scenic beauty of California highways and adjacent corridors through special conservation treatment.

Local
Los Altos General Plan
The City of Los Altos General Plan was adopted in November of 2002 and serves as the primary source of long-range planning and policy direction used to guide growth and preserve the quality of life within the City. Implementation of the General Plan ensures future development is consistent with the community’s goals and that adequate urban services are available to meet the needs of new development. The General Plan is divided into eight different elements, each of which provide issues, 3 An “infill site” is defined as “a lot located within an urban area that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-ofway from, parcels that are developed with qualified urban uses.” A “Transit Priority Area” or TPA is defined as “an area within 0.5 mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan.” A “major transit stop” means “a site containing an existing rail transit station or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.” Source: Office of Planning and Research. “CEQA Review of Housing Projects Technical Advisory.” Accessed March 28, 2022. https://opr.ca.gov/docs/20190208-TechAdvisoryReview_of_Housing_Exemptions.pdf. 4 Metropolitan Transportation Commission. Transit Priority Areas (2021). Accessed June 28, 2022. https://opendata.mtc.ca.gov/datasets/transit-priority-areas-2021-1/explore?location=37.773000%2C122.191730%2C9.35. 148
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goals, and policies related to the element topic. The eight elements include Community Design and Historic Resources, Land Use, Housing, Economic Development, Open Space, Conservation and Community Facilities, Circulation, Natural Environment and Hazards, and Infrastructure and Waste Disposal.

The following policies in the Los Altos General Plan (General Plan) have been adopted for the purposes of reducing or avoiding impacts related to aesthetic resources, and are applicable to the project.

Policy Description
CDHR 1.1 Preserve trees, especially heritage and landmark trees, and trees that protect privacy in residential neighborhoods.

CDHR 1.6 Continue to provide for site planning and architectural design review within the City, with a focus on mass, scale, character, and materials.

CDHR 1.7 Enhance neighborhood character by promoting architectural design of new homes, additions to existing homes, and residential developments that is compatible in the context of surrounding neighborhoods.

CDHR 2.2 Allow neighborhood-by-neighborhood determination of street lighting needs.

CDHR 4.3 Evaluate development applications to ensure compatibility with residential neighborhoods south of the corridor.

Los Altos Municipal Code
The City of Los Altos Municipal Code contains provisions and laws adopted by the City Council to maintain a healthy and safe community and to preserve the quality of life in Los Altos.

The City of Los Altos has adopted a Tree Protection Ordinance in Chapter 11.08 of the Municipal Code. The Tree Protection Ordinance prescribes measures for removal and replacement of trees in the City, in addition to protective actions to be taken to avoid damage to existing trees. The Tree Protection Ordinance defines a “protected tree” as:
• Any tree that is 48 inches in circumference measured at 48 inches above grade; • Any tree designated by the historical commission as a heritage tree or any tree under official consideration by the historical commission for heritage tree designation; • Any tree which was required by the City to be either saved or planted in conjunction with a development review application.

Trees may be designated as “heritage trees” upon application by the owner of the property on which the tree is located, a study of the proposed tree by the historical commission, and a determination of designation based on the criteria outlined in Section 12.44.030 of the Municipal Code.

Title 14 (Zoning) of the Los Altos Municipal Code provides development standards and regulations that are meant to enhance the visual quality of new development through building height limits, building density, building design and landscaping standards, setback requirements, sign regulations, open space requirements, and lighting requirements. These standards and regulations are provided for 149
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each individual zoning district. Title 14 also outlines the design review process for new projects within the City, in addition to the required design review findings that projects must meet.

4.1.1.2 Existing Conditions
Project Site
The project site is located within a TPA, pursuant to SB 743.5 The project site is located within onehalf mile of a planned bus rapid transit station.6 The project site is served by VTA Frequent Route 22 and Rapid Route 522 (see Figure 4.17-2).

The approximately 0.87-acre project site is generally rectangular shaped and includes a 12,120 square foot, one-story office building developed on the eastern portion of the project site. The office building has a flat, Mansard style roof and a façade that is comprised primarily of large windows with vertical masonry walls interspersed along the front and side of the building. Surface parking is located between the building and Distel Circle. The existing landscaping on-site is comprised of 19 trees (eight of which are protected trees) with a variety of shrubs along the perimeter of the site and building. There are an additional eight trees (five of which are protected trees) adjacent to the project site with canopies that overhang the property line. Additional information regarding the trees on- and off-site can be found in Section 0.

Views of the project site and the surrounding area are shown in Photos 1-6.

Surrounding Uses
The surrounding area in the immediate vicinity of the project site consists primarily of one- to twostory office buildings. The properties to the east and west of the project site both contain office buildings that range from one- to two-stories. There is a single-story commercial fast-food restaurant with a drive-through adjacent to the north of the project site. The property to the south of the project site has a one-story medical office building with surface parking lots. Additionally, residential uses are located to the southwest and north (on the north side of El Camino Real) of the project site. The residential buildings to the north of the project site on the north side of El Camino Real are fourstories tall, and the residential neighborhood to the southwest of the site is comprised of one- to twostory single-family houses.

Scenic Views and Resources
There are no designated scenic vistas in Los Altos.7
The project site located along the El Camino
Real corridor in Los Altos, which spans a highly developed area of the City. It is located on relatively flat land, which limits the amount of expansive views from the project site. Obstructed views of the Santa Cruz Mountains can be seen in the project vicinity, looking southwest on Distel Circle. 5 Metropolitan Transportation Commission. Transit Priority Areas (2021). Accessed June 28, 2022. https://opendata.mtc.ca.gov/datasets/transit-priority-areas-2021-1/explore?location=37.773000%2C122.191730%2C9.35. 6 Bay Area Metro. “Plan Bay Area 2050 Transportation Project List.” Accessed March 31, 2022. https://www.planbayarea.org/2050-plan/final-plan-bay-area-2050/final-supplemental-reports/interactivetransportation-project-list. 7 City of Los Altos. Initial Study/Mitigated Negative Declaration for the Los Altos General Plan Update. November 2002. Page 12.
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Photo 1: View of the project site from the eastern property boundary looking northwest Photo 2: View of the project site from Distel Circle looking southwest PHOTOS 1 & 2
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Photo 3: View of Distel Circle from the southeast corner of the project site looking northeast Photo 4: View of Distel Circle looking south from the northern boundary of the site PHOTOS 3 & 4
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Photo 5: View from the project site looking north towards El Camino Real Photo 6: View from the southwest corner of Distel Circle and El Camino Real looking northwest PHOTOS 5 & 6
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Scenic Corridors and Highways
There are no state-designated scenic highways in Los Altos. Interstate 280 (I-280) from the San Mateo County line to State Route (SR) 17, which includes segments in Los Altos, is an eligible, but not officially designated, State Scenic Highway.8

In Santa Clara County, the one state-designated scenic highway is SR 9 from the Santa Cruz County line to the Los Gatos city limit. Eligible State Scenic Highways (not officially designated) include SR 17 from the Santa Cruz County line to SR 9, SR 35 from Santa Cruz County line to SR 9, I-280 from the San Mateo County line to SR 17, and the entire length of SR 152 within the County. 8 California Department of Transportation. ”Scenic Highways.” Accessed March 28, 2022. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways. 154
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4.1.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Except as provided in Public Resources Code
Section 21099, would the project:
1) Have a substantial adverse effect on a scenic
vista?
2) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
3) In non-urbanized areas, substantially degrade
the existing visual character or quality of
public views of the site and its surroundings? 9
If the project is in an urbanized area, would
the project conflict with applicable zoning and
other regulations governing scenic quality?
4) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
Impact AES-1: The project would not result in significant aesthetic impacts. (Less than Significant Impact)
Implementation of the proposed project would result in changes to the built environment compared to existing conditions. The project is a residential development located on an infill site (i.e., located in an urban area and currently developed) within a TPA (as discussed under Section 4.1.1.2 Existing Conditions). Pursuant to SB 743, (Public Resources Code section 21099[d][1]) “aesthetic and parking impacts of a residential, mixed-use residential, or employment center on an infill site within a transit priority area shall not be considered significant impacts on the environment;” therefore, the aesthetics impacts of the project are not considered significant. (Less than Significant Impact)

9 Public views are those that are experienced from publicly accessible vantage points. 155
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4.2 AGRICULTURE AND FORESTRY RESOURCES

4.2.1 Environmental Setting

4.2.1.1 Regulatory Framework
State
Farmland Mapping and Monitoring Program
The California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP) assesses the location, quality, and quantity of agricultural land and conversion of these lands over time. Agricultural land is rated according to soil quality and irrigation status. The best quality land is identified as Prime Farmland. In CEQA analyses, the FMMP classifications and published county maps are used, in part, to identify whether agricultural resources that could be affected are present on-site or in the project area.

California Land Conservation Act
The California Land Conservation Act (Williamson Act) enables local governments to enter into contracts with private landowners to restrict parcels of land to agricultural or related open space uses.

In return, landowners receive lower property tax assessments. In CEQA analyses, identification of properties that are under a Williamson Act contract is used to also identify sites that may contain agricultural resources or are zoned for agricultural uses.

Fire and Resource Assessment Program
The California Department of Forestry and Fire Protection (CAL FIRE) identifies forest land, timberland, and lands zoned for timberland production that can (or do) support forestry resources.10 Programs such as CAL FIRE’s Fire and Resource Assessment Program and are used to identify whether forest land, timberland, or timberland production areas that could be affected are located on or adjacent to a project site.

4.2.1.2 Existing Conditions
According to the Santa Clara County Important Farmland map, the project site is designated as Urban and Built-Up Land, which is defined as land with at least six structures per 10 acres. Common examples of Urban and Built-Up Land are residential, institutional, industrial, commercial, landfill, golf course, airports, and other utility uses.11
The project site is zoned CT (Commercial Thoroughfare) and developed with an existing single-story office building. The project site and surrounding sites are not used for agriculture, forestry or 10 Forest Land is land that can support 10 percent native tree cover and allows for management of forest resources (California Public Resources Code Section 12220(g)); Timberland is land not owned by the federal government or designated as experimental forest land that is available for, and capable of, growing trees to produce lumber and other products, including Christmas trees (California Public Resources Code Section 4526); and Timberland Production is land used for growing and harvesting timber and compatible uses (Government Code Section 51104(g)).
11 California Natural Resources Agency. Santa Clara County Important Farmland 2016. Accessed October 27, 2021. https://www.conservation.ca.gov/dlrp/fmmp/Pages/SantaClara.aspx. 156
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timberland, nor are they the subject of a Williamson Act contract.12 The project site is in a developed, urban area of Los Altos. It is primarily surrounded by commercial uses and existing office space, with single-family neighborhoods to the south (refer to Figure 2.4-3).

4.2.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
2) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
3) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)), timberland
(as defined by Public Resources Code Section
4526), or timberland zoned Timberland
Production (as defined by Government Code
Section 51104(g))?
4) Result in a loss of forest land or conversion of
forest land to non-forest use?
5) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland
to non-agricultural use or conversion of forest
land to non-forest use?
Impact AG-1: The project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use. (No Impact)
As discussed in Section 4.2.1.2, the project site is not designated for agricultural use. Therefore, designated farmland would not be converted to non-agricultural use as a result of project implementation. (No Impact)
12 County of Santa Clara. “Williamson Act and Open Space Easement”. September 17, 2018. Accessed October 27, 2021. https://www.sccgov.org/sites/dpd/programs/wa/pages/wa.aspx. 157
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Impact AG-2: The project would not conflict with existing zoning for agricultural use, or a Williamson Act contract. (No Impact)
The project site is zoned CT (Commercial Thoroughfare) and is not zoned for agricultural use. The project site is not under a Williamson Act contract. Therefore, the project would not conflict with existing zoning for an agricultural use or a Williamson Act contract. (No Impact) Impact AG-3: The project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. (No Impact)
The project site is not zoned, or adjacent to land zoned, for forest land, timberland, or Timberland Production. The project site is located in an urban area surrounded by existing development.

Therefore, the project would not conflict with existing zoning or cause rezoning of forest land or timberland uses. (No Impact)
Impact AG-4: The project would not result in a loss of forest land or conversion of forest land to non-forest use. (No Impact)
The project site is in an urbanized area of the City and is developed with an office building and surface parking. There is no existing forest land near the site. Therefore, no forest land would be lost as a result of the project, nor would the project result in the conversion of existing forest land to nonforest uses. (No Impact) Impact AG-5: The project would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use. (No Impact)
As described in Section 4.2.1.2, the project site and adjacent properties are not designated or used as farmland or forest land. For this reason, development of the project would not cause the conversion of farmland to non-agricultural use or forest land to non-forest use. (No Impact) 158
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4.3 AIR QUALITY
The following discussion is based, in part, on an Air Quality and Greenhouse Gas Assessment prepared by Illingworth & Rodkin, Inc. A copy of the report, dated May 10, 2022, is attached to this Initial Study as Appendix A.

4.3.1 Environmental Setting

4.3.1.1 Background Information
Criteria Pollutants
Air quality in the Bay Area is assessed related to six common air pollutants (referred to as criteria pollutants), including ground-level ozone (O3), nitrogen oxide (NOx), particulate matter (PM), carbon monoxide (CO), sulfur oxides (SOx), and lead.13 Criteria pollutants are regulated because they result in health effects. An overview of the sources of criteria pollutants and their associated health are summarized in Table 4.3-1. The most commonly regulated criteria pollutants in the Bay Area are discussed further below.

Table 4.3-1: Health Effects of Air Pollutants
Pollutants Sources Primary Effects
Ozone (O3) Atmospheric reaction of organic gases
with nitrogen oxides in sunlight
• Aggravation of respiratory and
cardiovascular diseases
• Irritation of eyes
• Cardiopulmonary function impairment
Nitrogen
Oxide (NOx)
Motor vehicle exhaust, high
temperature stationary combustion,
atmospheric reactions
• Aggravation of respiratory illness
• Reduced visibility
Fine
Particulate
Matter (PM2.5)
and Coarse
Particulate
Matter (PM10)
Stationary combustion of solid fuels,
construction activities, industrial
processes, atmospheric chemical
reactions
• Reduced lung function, especially in
children
• Aggravation of respiratory and
cardiorespiratory diseases
• Increased cough and chest discomfort
• Reduced visibility
Carbon
Monoxide
(CO)
Motor vehicle exhaust, unvented
kerosene and gas space heaters, leaking
chimneys and furnaces, and gas stoves
• Dizziness and confusion
• Unconsciousness and death
Sulfur Oxides
(SOx)
Burning of fossil fuels by power plants,
industrial processes, volcanoes, burning
fossil fuels with high sulfur content
• Aggravation of respiratory illness
Lead Ore and metals processing, pistonengine aircraft operating on leaded • Adverse effects to the nervous system,
kidney function, immune system,
13 The area has attained both state and federal ambient air quality standards for CO. The project does not include substantial new emissions of sulfur dioxide or lead. These criteria pollutants are not discussed further. 159
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Table 4.3-1: Health Effects of Air Pollutants
Pollutants Sources Primary Effects
aviation fuel, waste incinerators,
utilities, and lead-acid battery
manufacturers
reproductive and developmental
systems and the cardiovascular system
• Neurological disorders
Toxic Air
Contaminants
(TACs)
Cars and trucks, especially dieselfueled; industrial sources, such as chrome platers; dry cleaners and service
stations; building materials and
products
• Cancer
• Chronic eye, lung, or skin irritation
• Neurological and reproductive
disorders
High O3 levels are caused by the cumulative emissions of reactive organic gases (ROG) and NOx.

These precursor pollutants react under certain meteorological conditions to form high O3 levels.

Controlling the emissions of these precursor pollutants is the focus of the Bay Area’s attempts to reduce O3 levels. The highest O3 levels in the Bay Area occur in the eastern and southern inland valleys that are downwind of air pollutant sources.

PM is a problematic air pollutant of the Bay Area. PM is assessed and measured in terms of respirable particulate matter or particles that have a diameter of 10 micrometers or less (PM10) and fine particulate matter where particles have a diameter of 2.5 micrometers or less (PM2.5). Elevated concentrations of PM10 and PM2.5 are the result of both region-wide emissions and localized emissions.

Toxic Air Contaminants
TACs are a broad class of compounds known to have health effects. They include but are not limited to criteria pollutants. TACs are found in ambient air, especially in urban areas, and are caused by industry, agriculture, diesel fuel combustion, and commercial operations (e.g., dry cleaners). TACs are typically found in low concentrations, even near their source (e.g., diesel particulate matter [DPM] near a freeway).

Diesel exhaust is the predominant TAC in urban air and is estimated to represent about three-quarters of the cancer risk from TACs. Diesel exhaust is a complex mixture of gases, vapors, and fine particles. Medium- and heavy-duty diesel trucks represent the bulk of DPM emissions from California highways. The majority of DPM is small enough to be inhaled into the lungs. Most inhaled particles are subsequently exhaled, but some deposit on the lung surface or are deposited in the deepest regions of the lungs (most susceptible to injury).14 Chemicals in diesel exhaust, such as benzene and formaldehyde, have been previously identified as TACs by the California Air Resources Board (CARB).
14 California Air Resources Board. “Overview: Diesel Exhaust and Health.” Accessed May 17, 2022. https://ww2.arb.ca.gov/resources/overview-diesel-exhaust-and-health. 160
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Sensitive Receptors
Some groups of people are more affected by air pollution than others. CARB has identified the following persons who are most likely to be affected by air pollution: children under 16, the elderly over 65, athletes, and people with cardiovascular and chronic respiratory diseases. These groups are classified as sensitive receptors. Locations that may contain a high concentration of these sensitive population groups include residential areas, hospitals, daycare facilities, elder care facilities, and elementary schools.

4.3.1.2 Regulatory Framework
Federal and State
Clean Air Act
At the federal level, the United States Environmental Protection Agency (EPA) is responsible for overseeing implementation of the Clean Air Act and its subsequent amendments. The federal Clean Air Act requires the EPA to set national ambient air quality standards for the six common criteria pollutants (discussed previously), including O3, NOx, PM, CO, SOx,, and lead.

CARB is the state agency that regulates mobile sources throughout the state and oversees implementation of the state air quality laws and regulations, including the California Clean Air Act.

The EPA and the CARB have adopted ambient air quality standards establishing permissible levels of these pollutants to protect public health and the climate. Violations of ambient air quality standards are based on air pollutant monitoring data and are determined for each air pollutant.

Attainment status for a pollutant means that a given air district meets the standard set by the EPA and/or CARB.

Risk Reduction Plan
To address the issue of diesel emissions in the state, CARB developed the Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles. In addition to requiring more stringent emission standards for new on-road and off-road mobile sources and stationary diesel-fueled engines to reduce particulate matter emissions by 90 percent, the plan involves application of emission control strategies to existing diesel vehicles and equipment to reduce DPM (in addition to other pollutants). Implementation of this plan, in conjunction with stringent federal and CARB-adopted emission limits for diesel fueled vehicles and equipment (including off-road equipment), will significantly reduce emissions of DPM and NOx.

Regional
2017 Clean Air Plan
The BAAQMD is the agency primarily responsible for assuring that the federal and state ambient air quality standards are maintained in the San Francisco Bay Area. Regional air quality management districts, such as BAAQMD, must prepare air quality plans specifying how state and federal air quality standards will be met. BAAQMD’s most recently adopted plan is the Bay Area 2017 Clean Air Plan (2017 CAP). The 2017 CAP focuses on two related BAAQMD goals: protecting public health and protecting the climate. To protect public health, the 2017 CAP describes how BAAQMD 161
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will continue its progress toward attaining state and federal air quality standards and eliminating health risk disparities from exposure to air pollution among Bay Area communities. To protect the climate, the 2017 CAP includes control measures designed to reduce emissions of methane and other super-greenhouse gases (GHGs) that are potent climate pollutants in the near-term, and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.15 Local
CEQA Air Quality Guidelines
The BAAQMD CEQA Air Quality Guidelines are intended to serve as a guide for those who prepare or evaluate air quality impact analyses for projects and plans in the San Francisco Bay Area.

Jurisdictions in the San Francisco Bay Area Air Basin utilize the thresholds and methodology for assessing air quality impacts developed by BAAQMD within their CEQA Air Quality Guidelines.

The guidelines include information on legal requirements, BAAQMD rules, methods of analyzing impacts, and recommended action measures.

Los Altos General Plan
The following policies in the City’s General Plan have been adopted for the purposes of reducing or avoiding impacts related to air quality, and are applicable to the project.

Policies Description
LU 8.3 Interpret and implement the General Plan to be consistent with the regional Bay Area Air Quality Management Plan, as periodically updated.

LU 8.4 Ensure location and design of development projects so as to conserve air quality and minimize direct and indirect emissions of air contaminants.

Los Altos Climate Action Plan
The City of Los Altos Climate Action Plan (LACAP) includes a goal to improve communitywide emissions efficiency by 15 percent over 2005 levels by 2020. The reduction measures included in this plan are a diverse mix of incentives, education, and regulations applicable to both new and existing development. The measures are designed to reduce emissions from each source to avoid relying on any one strategy or sector to achieve the target.

4.3.1.3 Existing Conditions
The Bay Area is considered a non-attainment area for ground-level O3 and PM2.5 under both the federal Clean Air Act and state Clean Air Act. The area is also considered nonattainment for PM10 under the state act, but not the federal act. The area has attained both state and federal ambient air quality standards for CO. As part of an effort to attain and maintain ambient air quality standards for O3 and PM10, BAAQMD has established thresholds of significance for these air pollutants and their 15 Bay Area Air Quality Management District. Final 2017 Clean Air Plan. April 19, 2017. http://www.baaqmd.gov/plans-and-climate/air-quality-plans/current-plans. 162
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precursors. These thresholds are for O3 precursor pollutants (ROG and NOX), PM10, and PM2.5, and apply to both construction period and operational period impacts.

The nearest sensitive receptors to the project site are the residences southwest (approximately 40 feet) and south (approximately 150 feet) of the site. Additional nearby sensitive receptors include residences to the north, east, and west of the project site and the Mountain View-Los Altos Montessori Children’s Center located approximately 440 feet to the east of the project site.

4.3.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Conflict with or obstruct implementation of
the applicable air quality plan?
2) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
3) Expose sensitive receptors to substantial
pollutant concentrations?
4) Result in other emissions (such as odors)
adversely affecting a substantial number of
people?
As discussed in CEQA Guidelines Section 15064(b), the determination of whether a project may have a significant effect on the environment calls for judgment on the part of the lead agency and must be based to the extent possible on scientific and factual data. The City of Los Altos has considered the air quality thresholds updated by BAAQMD in May 2017 and regards these thresholds to be based on the best information available for the San Francisco Bay Area Air Basin and conservative in terms of the assessment of health effects associated with TACs and PM2.5. The BAAQMD CEQA Air Quality thresholds used in this analysis are identified in Table 4.3-2. 163
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Table 4.3-2: BAAQMD Air Quality Significance Thresholds Pollutant
Construction
Thresholds Operation Thresholds
Average Daily
Emissions
(pounds/day)
Annual Daily
Emissions
(pounds/year)
Annual Average
Emissions (tons/year)
Criteria Air Pollutants
ROG, NOx 54 54 10
PM10 82 (exhaust) 82 15
PM2.5 54 (exhaust) 54 10
CO Not Applicable 9.0 ppm (eight-hour) or 20.0 ppm (one-hour) Fugitive Dust
Dust-Control
Measures/Best
Management Practices
Not Applicable
Health Risks and Hazards for New Sources (within a 1,000-foot Zone of Influence) Health Hazard Single Source Combined Cumulative Sources Excess Cancer Risk 10 per one million 100 per one million Hazard Index 1.0 10.0
Incremental Annual PM2.5 0.3 µg/m3 0.8 μg/m3 (average)
Notes:
ppm = part per million; and μg/m3 = micrograms per cubic meter..

Impact AIR-1: The project would not conflict with or obstruct implementation of the applicable air quality plan. (Less than Significant)
The BAAQMD CEQA Air Quality Guidelines set forth criteria for determining consistency with the 2017 CAP. In general, a project is considered consistent if it: a) supports the primary goals of the 2017 CAP; b) includes relevant control measures; and c) does not interfere with implementation of the 2017 CAP control measures.

Support of Primary 2017 CAP Goals
As discussed in Section 4.3.1.2 Regulatory Framework, the goals of the 2017 CAP include 1) protecting public health by progress towards attaining air quality standards and eliminating health risk and 2) protecting the climate. If a project exceeds the BAAQMD thresholds of significance, its emissions are considered to result in significant adverse air quality impacts to the region’s existing air quality conditions. Similarly, if the project exceeds the BAAQMD community health risk threshold of significance, the project would result in a community health risk. An analysis of the project’s construction and operational air pollutant emissions is provided below, as well as a discussion of the project’s community health risk.
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Construction Period Emissions – Criteria Pollutants
The California Emissions Estimator Model (CalEEMod) Version 2020.4.0 was used to estimate annual emissions from construction activities. Construction emissions were modeled based on equipment list and schedule information provided by the applicant. Details about the equipment list, construction schedule, modeling, data inputs, and assumptions are included in Appendix A.

Table 4.3-3 summarizes the construction emissions for the project and shows the project’s construction criteria pollutant emissions would not exceed BAAQMD thresholds.

Table 4.3-3: Construction Period Emissions
Year
ROG NOx PM10 Exhaust PM2.5 Exhaust
(average daily emissions in pounds per day)
2023 1.69 16.12 0.75 0.66
2024 8.80 20.94 0.97 0.91
BAAQMD Thresholds 54 54 82 54
Exceed Threshold? No No No No
The project would include the following BAAQMD best management practices identified Section

3.1.5.1 Standard Construction Measures and are as follows:
• Designate an on-site coordinator and monitor to ensure implementation of the below dust and emission control measures.
• Water all exposed surfaces at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe. • Cover all haul trucks transporting soil, sand, or other loose material off-site. • Remove all visible mud or dirt track-out onto adjacent public roads using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • Limit all vehicle speeds on unpaved roads to 15 mph.
• Complete pavement of all roadways, driveways, and sidewalks as soon as possible. • Lay out building pads as soon as possible after grading unless seeding or soil binders are used.
• Maintain and properly tune all construction equipment in accordance with manufacturer’s specifications. Check all equipment by a certified mechanic and determined to be running in proper condition prior to operation.
• Post a publicly visible sign with the telephone number of the on-site coordinator/monitor and telephone number and person to contact at the City of Los Altos regarding dust complaints.

The on-site coordinator/monitor would respond and take corrective action within 48 hours.

Post the Air District’s phone number to be visible to ensure compliance with applicable regulations.
• Suspend all excavation, grading, and/or demolition activities when average wind speeds exceed 20 mph.
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• Install wind breaks (e.g., trees, fences) on the windward side(s) of actively disturbed areas of construction. Wind breaks should have at maximum 50 percent air porosity. • Plant vegetative ground cover (e.g., fast-germinating native grass seed) in disturbed areas as soon as possible and water appropriately until vegetation is established. • Limit the simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time. Phase activities to reduce the amount of disturbed surfaces at any one time.
• Wash all trucks and equipment, including their tires, prior to leaving the site. • Treat site accesses to a distance of 100 feet from the paved road with a 6-to-12-inch compacted layer of wood chips, mulch, or gravel.
• Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent.
• Minimize idling times either by shutting equipment off when not in use or reducing the maximum idling time to two minutes. Provide clear signage for construction workers at all access points.

With the incorporation of the above proposed measures, the project’s construction emissions would be further reduced. Therefore, construction criteria air pollutant emissions would be less than significant. (Less than Significant Impact)
Operational Period Emissions – Criteria Pollutants
Operational period criteria pollutant emissions associated with the project would be generated primarily from vehicles driven by future residents, and to a lesser extent by waste disposal and daily energy and water usage. The BAAQMD developed screening criteria to provide lead agencies with an indication of whether a project could result in significant operational air quality impacts (e.g., daily or annual emissions above stated thresholds). Screening criteria are used to determine the extent of additional analysis required for a specific project. If a project is determined to be below the BAAQMD’s operational screening criteria, then the project is said to have less than significant operational criteria air pollutant impacts and no further analysis is required under CEQA.

The project proposes 90 apartment units, which does not exceed the BAAQMD operational criteria air pollutants screening threshold of 90 dwelling units for an “Apartments Mid Rise” land use type.

Therefore, the project would result in a less than significant air quality impact due to operationalrelated criteria air pollutant emissions. (Less than Significant Impact) Community Health Risk
The project’s community health risk impact is discussed in more detail under Impact AIR-3. In summary, the project as proposed (which includes typical, standard BAAQMD best management practices, see Section 3.1.5.1 Standard Construction Measures) would not result in health risks above BAAQMD thresholds of significance. (Less than Significant Impact) 166
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Consistency with 2017 CAP Control Measures
To protect climate, the 2017 CAP includes control measures to reduce emissions of GHG emissions.

As discussed in Table 4.3-4 below, the project would be consistent with all applicable measures of the 2017 CAP and would not interfere with implementation of the 2017 CAP control measures.

Table 4.3-4: Project Consistency with Bay Area 2017 CAP Applicable Control Measures
Summary of Applicable Control Measures Consistency Discussion Transportation Measures
TR9 – Bicycle and Pedestrian Access and
Facilities: Encourage planning for bicycle and
pedestrian facilities in local plans, e.g., general
and specific plans, fund bike lanes, routes, paths
and bicycle parking facilities.

Consistent: The project would incorporate
urban design and architectural elements that
would improve pedestrian facilities and safety,
including wider sidewalks, public benches, and
seating areas along the sidewalk. Short- and
long-term bicycle spaces would be provided in
accordance with City requirements. For these
reasons, the project is consistent with this
measure.

TR13 – Parking Policies: Encourage parking
policies and programs in local plans, e.g.,
reduce minimum parking requirements; limit
the supply of off-street parking in transitoriented areas; unbundle the price of parking spaces; support implementation of demandbased pricing in high-traffic areas.

Consistent: The project would provide a
parking ratio of one parking stall per housing
unit which is below minimum requirement for
multiple-family dwelling units in a CT district.

The project is consistent with this measure.

TR10 – Land Use Strategies: Support
implementation of Plan Bay Area, maintain and
disseminate information on current climate
action plans and other local best practices.

Consistent: As discussed in Section 4.1
Aesthetics and 4.17 Transportation, the project
is located within a TPA. The project would
provide a 100 percent affordable housing
project located on an infill site, in proximity to
transit. Therefore, the project would be
consistent with the development goals of Plan
Bay Area. The project is consistent with this
measure.

Building and Energy Measures
BL1 – Green Buildings: Identify barriers to
effective local implementation of CalGreen
(Title 24) statewide building energy code;
develop solutions to improve implementation/
enforcement. Engage with additional partners to
target reducing emissions from specific types of
buildings.

Consistent: The project would comply with
Building Energy Efficiency Standards (Title
24), the City’s Reach Code Ordinance, and the
most recent CALGreen requirements. As
discussed in Section 3.1.5 Construction
Activities, the project would construct the
ground floor with mass timber (a renewable
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Table 4.3-4: Project Consistency with Bay Area 2017 CAP Applicable Control Measures
Summary of Applicable Control Measures Consistency Discussion resource), and construct floors two through five
with modular units which are designed to
minimize material waste, construction noise,
and project construction time. The project is
consistent with this measure.

BL2 – Decarbonize Buildings: Explore
incentives for property owners to replace their
furnace, water heater or natural-gas powered
appliances with zero-carbon alternatives.

Update Air District guidance documents to
recommend that commercial and multi-family
developments install ground source heat pumps
and solar hot water heaters.

Consistent: The project would participate in the
SVCE which generates electricity for new
customers from 100 percent carbon free source
(as exemplified in Section 4.8 Greenhouse Gas
Emissions) and, therefore, all electricity used by
the project would be generated by carbon-free
wind, solar, and hydroelectric sources. The
project is consistent with this measure.

BL4 – Urban Heat Island Mitigation:

Develop and urge adoption of a model
ordinance for “cool parking” that promotes the
use of cool surface treatments for new parking
facilities, as well existing surface lots
undergoing resurfacing. Develop and promote
adoption of model building code requirements
for new construction or reroofing/roofing
upgrades for commercial and residential
multifamily housing.

Consistent: Most of on-site parking is provided
in parking structures located beneath the
buildings, thus minimizing the urban heat island
effect. The project is consistent with this
measure.

EN2 – Decrease Electricity Demands:

Support local government energy efficiency
program via best practices, model ordinances,
and technical support.

Consistent: The project would comply with
Building Energy Efficiency Standards (Title
24), the City’s Reach Code Ordinances, and the
most recent CALGreen requirements. The
project is consistent with this measure.

Natural and Working Lands Measures
NW2 – Urban Tree Planting: Develop or
identify an existing model municipal tree
planting ordinance and encourage local
governments to adopt such an ordinance.

Include tree planting recommendations, the Air
District’s technical guidance, best management
practices for local plans, and CEQA review.

Consistent: As discussed in Section 3.4
Biological Resources, all trees removed by the
project would conform to the replacement
requirements in the City’s Tree Protection
Ordinance. The project would plant a new
vegetative buffer along the western boundary of
the project site and new trees along the
perimeter of the site. The project is consistent
with this measure.

Waste Management Measures
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Table 4.3-4: Project Consistency with Bay Area 2017 CAP Applicable Control Measures
Summary of Applicable Control Measures Consistency Discussion WA4 – Recycling and Waste Reduction:

Develop or identify and promote model
ordinances on community-wide zero waste
goals and recycling of construction and
demolition materials in commercial and public
construction projects.

Consistent: The project would comply with the
City of Los Altos Demolition Permit and
Construction Diversion Ordinance, which
requires sixty-five percent of construction waste
generated by the project is recovered and
diverted from landfills. The project is consistent
with this measure.

Water Conservation Measures
WR2 – Support Water Conservation:

Develop a list of best practices that reduce
water consumption and increase on-site water
recycling in new and existing buildings;
incorporate into local planning guidance.

Consistent: The project would comply with the
state’s Model Water Efficient Landscape
Ordinance, and use a drip irrigation system and
high-efficiency appliances and fixtures. The
project is consistent with this measure.

Impact AIR-2: The project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard. (Less than Significant Impact)
As stated in the BAAQMD CEQA Air Quality Guidelines, air pollution by its nature is largely a cumulative impact. No single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions.

As described in Section 4.3.2.1 Existing Conditions, the Bay Area is considered a non-attainment area for ground-level O3 and PM2.5. The area is also considered non-attainment for PM10 under the California Clean Air Act, but not the federal act. As part of an effort to attain and maintain ambient air quality standards for ozone and PM10, BAAQMD has established thresholds of significance for these air pollutants and their precursors. As described under Impact AIR-1, the project would not result in an exceedance of BAAQMD thresholds for these air pollutants during construction or operation. Therefore, the project would not result in a cumulatively considerable increase of any criteria pollutant for which the region is in nonattainment. (Less than Significant Impact) Impact AIR-3: The project would not expose sensitive receptors to substantial pollutant concentrations. (Less than Significant Impact)
Project impacts related to increased community risk can occur either by introducing a new source of TACs with the potential to adversely affect existing sensitive receptors in the project vicinity or by 169
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significantly exacerbating existing cumulative TAC impacts. The project would introduce new sources of TACs during construction and operation.

Community risk impacts from the project are addressed by predicting increased cancer risk, the increase in annual PM2.5 concentrations and computing the Hazard Index (HI) for non-cancer health risks. The risk impacts from the project are the combination of risks from construction and operation sources. These sources include on-site construction activity, construction truck hauling, and increased traffic from the project. To evaluate the increased cancer risks from the project, a 30-year exposure period was used, per BAAQMD guidance, with the sensitive receptors being exposed to both project construction and operation emissions during this timeframe. The project increased cancer risk is computed by summing the project construction cancer risk and operation cancer risk contributions. Unlike, the increased maximum cancer risk, the annual PM2.5 concentration and HI values are not additive but based on the annual maximum values for the entirety of the project. The project Maximally Exposed Individual (MEI) is identified as the sensitive receptor that is most impacted by the project’s construction and operation. The community risk from these two sources are discussed below.

Community Health Risk
Community Health Risk from Construction Activity
Construction equipment and associated heavy-duty truck traffic generates diesel exhaust, which is a known TAC. Although construction exhaust air pollutant emissions would not contribute substantially to existing or projected air quality violations (see Impact AIR-1), construction exhaust emissions may still pose health risks for sensitive receptors such as surrounding residents. The primary community risk impact issues associated with construction emissions are cancer risk and exposure to PM2.5. Diesel exhaust particulate matter (DPM) poses both a potential health and nuisance impact to nearby receptors. A quantitative health risk assessment of the project construction activities was conducted to evaluate the potential health effects to nearby sensitive receptors from construction emissions of DPM and PM2.5, pursuant to the BAAQMD CEQA Air Quality Guidelines using CalEEMod and the U.S. EPA AERMOD dispersion model. Details about the community health risk modeling, data inputs, and assumptions are included in Appendix A.

Table 4.3-5 below summarizes the maximum cancer risk, PM2.5 concentrations, and HI for project construction activities affecting the off-site residential MEI and reflects the implementation of the following construction emission control measures proposed as part of the project, which are identified in Section 3.1.5.1 Standard Construction Measures:
• Reduce diesel particulate matter emissions by 87 percent such that increased cancer risk and annual PM2.5 concentrations from construction would be reduced below TAC significance levels is as follows:
o Require all construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total meet U.S. Environmental Protection Agency (EPA) Tier 4 emission standards for PM (PM10 and PM2.5) if feasible, otherwise,
 If use of Tier 4 equipment is not available, alternatively use equipment that meets EPA emission standards for Tier 3 engines and include particulate 170
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matter emissions control equivalent to California Air Resources Board (CARB) verifiable diesel emission control devices that altogether achieve an 87 percent reduction in particulate matter exhaust from the project in comparison to uncontrolled equipment; alternatively (or in combination), o Provide line power to the site during the early phases of construction to minimize the use of diesel-powered stationary equipment.
o Power stationary cranes by electricity.
o Register all mobile diesel construction equipment used for the project with CARB through DOORS and have an assigned unique Equipment Identification Number (EIN). The vehicles EIN label will be clearly visible on the equipment so the public can use DOORS, the CARB online tool, to look up the equipment type, size, and age.

Alternatively, the applicant may develop another construction operations plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 87 percent or greater. Elements of the plan could include a combination of some of the following measures:
o Implementation of No. 1 above to use Tier 4 or alternatively fueled equipment, o Installation of electric power lines during early construction phases to avoid use of diesel generators and compressors,
o Use of electrically-powered equipment,
o Use electric or propane/natural gas powered forklifts and aerial lifts for exterior and interior building construction
o Change in construction build-out plans to lengthen phases, and o Application of different building methods that result in less diesel equipment usage. o Such a construction operations plan would be subject to review by an air quality expert and approved by the City prior to construction.

These above proposed control measures are typically employed by infill development near sensitive receptors. Refer to Appendix A for details about the effectiveness of the proposed construction emission control measures. Figure 4.3-1 shows the locations of sensitive receptors near the project site and the MEI. The maximum cancer risk would occur on the first floor of a single-family residence of the project approximately 186 feet south of the project site. 171
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Source: Illingworth & Rodkin, Inc., May 10, 2022.

Legend
MEI
Off-Site Receptors
School Receptors
Project Site
Point Sources
Jordan Avenue Jordan Avenue
Ortega Avenue Ortega Avenue
Distel Drive
S Rengstorff Avenue
Distel Circle
Distel Drive
S Rengstorff Avenue
Distel Circle
Marich Way
W El Camino Real
W El Camino Real
0 50 200 300 500 Feet
*Approximate Scale
OFF-SITE RECEPTORS AND MAXIMALLY EXPOSED INDIVIDUAL FIGURE 4.3-1 City of Los Altos330 Distel Circle Residential Project 43 Initial Study July 2022
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Table 4.3-5: Construction Risk Impacts at Off-Site MEI
Source
Cancer Risk
(per million)
Annual PM2.5
(µg/m3)
Hazard
Index
Project Construction* 6.74 0.27 <0.01
BAAQMD Single-Source Threshold 10.0 0.3 1.0
Significant? No No No
* Assumes implementation of proposed measures in Section 3.1.5.1 Standard Construction Measures As shown in Table 4.3-5, the project (which includes the above typical construction emission control measures) would not result in significant community health risk impacts. (Less than Significant Impact)
Community Health Risk from Project Operation
Operation of the project would generate emissions from mobile sources (i.e., traffic). While these emissions would not be as intensive at or near the site as construction activity, they would contribute to long-term effects to sensitive receptors.

The project would generate a maximum of 296 net new daily trips per day, as show in Table 4.17-1 in Section 4.17 Transportation and Traffic. Project-related traffic would be primarily light-duty vehicle traffic, which is not a source of substantial TACs or PM2.5. Accordingly, these emissions are anticipated to result in fairly low impacts in terms of TAC or PM2.5 exposure compared to the surrounding traffic and would therefore not be an operational TAC source. (Less than Significant Impact)
Combined Community Health Risk from Project Construction and Operation Community health risk assessments typically look at all substantial sources of TACs that can affect sensitive receptors that are located within 1,000 feet of the project site. These sources include railroads, freeways or highways, busy surface streets, and existing stationary sources identified by BAAQMD. Figure 4.3-2 shows the cumulative TAC sources (i.e., construction activities at the project site and mobile sources on El Camino Real) in relation to the off-site MEI. Table 4.3-6 below reports both the project and cumulative community risk impacts at the sensitive receptors most affected by project construction and operation (i.e. the MEI) and shows that construction of the project as proposed (which includes implementation of typical construction emission control measures) when combined with surrounding TAC sources would not result in a significant cumulative community health risk impact. (Less than Significant Impact) 173
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Table 4.3-6: Impacts from Combined Sources at the Off-Site MEI Source
Cancer Risk
(per million)
Annual PM2.5
(µg/m3)
Hazard
Index
Project Construction* 6.74 0.27 <0.01
El Camino Real (Average Daily Traffic 30,972) 0.89 0.08 <0.01 Combined Sources 7.63 0.35 <0.02
BAAQMD Cumulative Source Threshold 100 0.8 10.0
Exceed Threshold? No No No
* Assumes implementation of proposed measures in Section 3.1.5.1 Standard Construction Measures 174
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Source: Illingworth & Rodkin, Inc., May 10, 2022.

Legend
1,000-ft Influence Area
Project Site
El Camino Real Model
MEI
Marich Way
Portola Court
Delphi Court
Delphi Circle
Portola Court
Marich WayMarich Way
Distel Drive
Distel Circle Distel Circle
Jordan Avenue
Ortega Avenue
Latham Street
Ortega Avenue
Delphi Court
Delphi Circle Los Ninos Way Los Ninos Way
Latham Street
S Rengstorff Avenue
0 50 200 300 500 Feet
*Approximate Scale
PROJECT MEI AND NEARBY TAC AND PM2.5 SOURCES FIGURE 4.3-2 City of Los Altos330 Distel Circle Residential Project 46 Initial Study July 2022
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Health Effects from Criteria Pollutants
In a 2018 decision (Sierra Club v. County of Fresno), the state Supreme Court determined CEQA requires that when a project’s criteria air pollutant emissions would exceed applicable thresholds and contribute a cumulatively considerable contribution to a significant cumulative regional criteria pollutant impact, the potential for the project’s emissions to affect human health in the air basin must be disclosed. State and federal ambient air quality standards are health-based standards, and exceedances of those standards result in continued unhealthy levels of air pollutants.

As stated in the BAAQMD CEQA Air Quality Guidelines, air pollution by its nature is largely a cumulative impact. No single project is sufficient in size, by itself, to result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. In developing thresholds of significance for air pollutants, BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. If a project has a less than significant impact for criteria pollutants, it is assumed to have no adverse health effect. As described previously under Impact AIR1, the project would not exceed BAAQMD thresholds for operational and construction criteria air pollutants. (Less than Significant Impact)
Impact AIR-4: The project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. (Less than Significant Impact)
According to the BAAQMD CEQA Guidelines, an odor source with five or more confirmed complaints per year averaged over three years is considered to have a significant impact.16 Construction activities for the project would generate localized emissions of diesel exhaust during construction equipment operation and truck activity. The odors from these emissions may be noticeable from time to time by adjacent receptors; however, the odors would be localized and temporary. Odors associated with the application of paints and coatings may also be noticeable on occasion by adjacent receptors. Painting and coating of the project would occur during daytime hours only, would be localized, and would be generally confined to the project site. These odors would also be temporary. Given the temporary nature of the above-described odors, exposure of sensitive receptors to these emissions would be limited and the impact is less than significant.

In addition, BAAQMD has identified a variety of land uses that produce emissions that may lead to odors and generate complaints including, but are not limited to, wastewater treatment plants, landfills, composting operations, and food manufacturing facilities. Residential uses do not typically generate objectionable odors, nor do they fall under any of the land uses identified by BAAQMD to cause objectionable odors. Based on the above reasons, the project would not result in odor emissions that would adversely affect a substantial number of people. (Less than Significant Impact)

4.3.3 Non-CEQA Effects
Per California Building Industry Association v. Bay Area Air Quality Management District, 62 Cal. 4th 369 (BIA v. BAAQMD), effects of the environment on the project are not considered CEQA 16 Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines. May 2017. Page 2-1.
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impacts. The following discussion is included for informational purposes only because the City’s General Plan has policies (LU 8.1, LU 8.4) that address existing air quality conditions affecting a proposed project.

Accordingly, a health risk assessment was completed to assess the impact of existing TAC sources on future sensitive receptors (i.e., residents) that would be present on-site. Details about the health risk modeling, data inputs, and assumptions are provided in Appendix A. The health risk assessment concluded that the future MEI at the project would not be exposed to cancer risks, annual PM2.5 concentrations, and HI for non-cancer health risks that would exceed both the BAAQMD singlesource and cumulative source thresholds. Therefore, future residents of the project would not be exposed to substantial pollutant concentrations.
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4.4 BIOLOGICAL RESOURCES
The following discussion is based, in part, on an arborist report prepared by HortScience | Bartlett Consulting. The report, dated February 3, 2022, is attached to this Initial Study as Appendix B.

4.4.1 Environmental Setting

4.4.1.1 Regulatory Framework
Federal and State
Endangered Species Act
Individual plant and animal species listed as rare, threatened, or endangered under state and federal Endangered Species Acts are considered special-status species. Federal and state endangered species legislation has provided the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) with a mechanism for conserving and protecting plant and animal species of limited distribution and/or low or declining populations. Permits may be required from both the USFWS and CDFW if activities associated with a proposed project would result in the take of a species listed as threatened or endangered. To “take” a listed species, as defined by the State of California, is “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill” these species. Take is more broadly defined by the federal Endangered Species Act to include harm of a listed species.

In addition to species listed under state and federal Endangered Species Acts, Sections 15380(b) and (c) of the CEQA Guidelines provide that all potential rare or sensitive species, or habitats capable of supporting rare species, must be considered as part of the environmental review process. These may include plant species listed by the California Native Plant Society and CDFW-listed Species of Special Concern.

Migratory Bird Treaty Act
The federal Migratory Bird Treaty Act (MBTA) prohibits killing, capture, possession, or trade of migratory birds except in accordance with regulations prescribed by the Secretary of the Interior.

Hunting and poaching are also prohibited. The taking and killing of birds resulting from an activity is not prohibited by the MBTA when the underlying purpose of that activity is not to take birds.17 Nesting birds are considered special-status species and are protected by the USFWS. The CDFW also protects migratory and nesting birds under California Fish and Game Code Sections 3503, 3503.5, and 3800. The CDFW defines taking as causing abandonment and/or loss of reproductive efforts through disturbance.

Sensitive Habitat Regulations
Wetland and riparian habitats are considered sensitive habitats under CEQA. They are also afforded protection under applicable federal, state, and local regulations, and are generally subject to 17 United States Department of the Interior. “Memorandum M-37050. The Migratory Bird Treaty Act Does Not Prohibit Incidental Take.” Accessed November 16, 2021. https://www.doi.gov/sites/doi.gov/files/uploads/m37050.pdf. 178
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regulation by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), CDFW, and/or the USFWS under provisions of the federal Clean Water Act (e.g., Sections 303, 304, 404) and State of California Porter-Cologne Water Quality Control Act.

Fish and Game Code Section 1602
Streambeds and banks, as well as associated riparian habitat, are regulated by the CDFW per Section 1602 of the Fish and Game Code. Work within the bed or banks of a stream or the adjacent riparian habitat requires a Streambed Alteration Agreement from the CDFW.

Regional and Local
Los Altos General Plan
The following policies in the City’s General Plan have been adopted for the purposes of reducing or avoiding impacts related to biological resources, and are applicable to the project.

Policy Description
CDHR 1.1 Preserve trees, especially heritage and landmark trees, and trees that protect privacy in residential neighborhoods.

Los Altos Municipal Code
The City’s adopted a Tree Protection Ordinance in Chapter 11.08 of the Municipal Code prescribes measures for removal and replacement of trees in the City, in addition to protective actions to be taken to avoid damage to existing trees. The Tree Protection Ordinance defines a “protected tree” as:
• Any tree that is 48 inches in circumference measured at 48 inches above grade; • Any tree designated by the Historical Commission as a heritage tree or any tree under official consideration by the Historical Commission for heritage tree designation;18 • Any tree which was required by the City to be either saved or planted in conjunction with a development review application. Any tree located within a public right-of-way. • Any tree located on property zoned other than single-family residential.

All protected trees require a Tree Removal Permit before they can be removed based on the criteria described in Municipal Code Subsection 11.08.090.A, including tree condition, health, size, age, and preservation suitability. Based on the aforementioned criteria, the City would make a determination on the number of required replacement trees.

4.4.1.2 Existing Conditions
The project site is located in an urbanized area and consists of a single-story office building, paved surface parking, and sparse landscaping. Most of the site is paved with asphalt/concrete or occupied 18 Trees may be designated as “heritage trees” upon application by the owner of the property on which the tree is located, a study of the proposed tree by the Historical Commission, and a determination of designation based on the criteria outlined in Section 12.44.030 of the Municipal Code. 179
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by the office building. There are no wetlands, streams or riparian habitat on or adjacent to the site.

The nearest waterway, Permanente Creek, is located approximately 0.7 miles east of the site. Due to the lack of sensitive habitats, developed nature of the site, and the human disturbance of the project site, special-status plant and animal species are not expected to occur on the project site.

Habitats in developed areas are extremely low in species diversity. The wildlife species most often associated with developed areas are those that are most tolerant of periodic human disturbances, including several introduced species such as European starlings, rock doves, and Norway rats. Native species that are able to utilize these habitats include western fence lizards, American robins, mourning doves, and squirrels.

The primary biological resource on the project site are trees. There are a total of 27 trees within and adjacent to the project site, including 13 trees that meet the City’s definition of a “protected tree”.

None of the 27 trees are identified as “heritage trees”. A summary of the tree species, condition, and quantity on the project sites is provided in Table 4.4-1 and the location of trees is shown on Figure

4.4-1. Additional details about the trees are included in Appendix B.

Table 4.4-1: Summary of Trees On and Adjacent to the Project Site Tree
Number Common Name Circumference (inches) Condition Protected 431* Holly Oak 31 3 No
432* Holly Oak 47 3 Yes
433* Holly Oak 63 4 Yes
434* Holly Oak 69 3 No
435* Holly Oak 28 1 No
436* Coast live oak 28 3 No
437* Evergreen pear 34 3 No
438* Evergreen pear 47 3 Yes
439* Mexican fan palm 50 5 Yes
440* Holly Oak 47 3 Yes
441* Holly Oak 41 3 No
442* African fern pine 69 4 Yes
443* Evergreen pear 47 4 Yes
444* Evergreen pear 44 3 No
445* Holly Oak 25 3 No
446* Olive 125 4 No
447* Sweetgum 31 3 No
448* Sweetgum 44 3 No
449^ Coast live oak 135 4 Yes
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Table 4.4-1: Summary of Trees On and Adjacent to the Project Site Tree
Number Common Name Circumference (inches) Condition Protected 450^ Holly Oak 44 3 No
451* Coast live oak 63 5 Yes
452^ Hollywood juniper 47 3 No
453^ Hollywood juniper 50 3 Yes
454^ Coast redwood 57 3 Yes
455^ Xylosma 28 3 No
456^ Coast redwood 69 3 Yes
457^ California sycamore 75 4 Yes
Notes:

Tree Condition: 1=Poor, 5=Excellent
* Tree to be removed.
^ Tree is located off-site.

Source: HortScience | Bartlett Consulting. Preliminary Arborist Report 420 South 2nd Street. May 26, 2021.

The City of Los Altos has not established a habitat conservation plan or a natural community conservation plan, nor is it located within the boundaries of an approved local, regional, or state habitat conservation plan.
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Source: Source: HortScience | Bartlett Consulting, September 2021.

Project Site
# Tree Location
0 8’ 16’ 24’
Distel Circle
TREE LOCATION MAP FIGURE 4.4-1
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4.4.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate, sensitive,
or special status species in local or regional
plans, policies, or regulations, or by the
California Department of Fish and Wildlife
(CDFW) or United States Fish and Wildlife
Service (USFWS)?
2) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the CDFW
or USFWS?
3) Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other means?
4) Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
5) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
6) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Impact BIO-1: The project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. (Less than Significant Impact) As described in section 4.4.1.2 Existing Conditions, the project site is in an urban area, fully developed, and surrounded by development. In addition, the site does not contain sensitive habitats (such as wetlands). For these reasons, special-status plant or animal species are not present on-site. 183
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Migratory birds and/or raptors could nest in the mature trees on and adjacent to the project site.

Nesting birds are among the species protected under provisions of the MBTA and California Fish and Game Code Sections 3503, 3503.5, and 2800. Development of the site during the nesting season (i.e., February 1 to August 31) could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes abandonment and/or loss of reproductive effort is considered a taking by the CDFW and USFWS. Any loss of fertile eggs, nesting raptors, or any activities resulting in nest abandonment would constitute an impact. Construction activities, including equipment noise and tree removal, that disturb a nesting bird or raptor on-site or immediately adjacent to the project construction zone would also constitute an impact.

The project includes standard measures to comply with the MBTA and California Fish and Game Code to protect nesting birds, which are identified in Section 3.1.5.1 Standard Construction Measures and are as follows:
• The project would schedule demolition and construction activities to avoid the nesting season. The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1st through August 31st (inclusive). • If demolition and construction cannot be scheduled between September 1st and January 31st (inclusive), pre-construction surveys for nesting birds would be completed by a qualified ornithologist to ensure that no nests are disturbed during project implementation. This survey would be completed no more than seven days prior to the initiation of construction activities.

The project as proposed would ensure that construction of the project takes place outside of the nesting season, thus avoiding any incidental loss of fertile eggs or nestlings, or nest abandonment.

Alternatively, if demolition and construction cannot be scheduled between September 1 and January 31, the project proposes to complete pre-construction surveys to identify and protect all active nests within the project’s area of effect from being disturbed during construction. For these reasons, the project would not result in significant impacts to nesting birds. (Less than Significant Impact) 184
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Impact BIO-2: The project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS. (No Impact) As described in Section 4.4.1.2 Existing Conditions, the project site and surrounding area are fully developed and do not contain any sensitive habitat, such as riparian habitat. The nearest waterways to the project site include Permanente Creek which is partially underground and contained within a concrete channel, located approximately 0.7 miles east, and Adobe Creek, a vegetated riparian corridor located approximately 1.1 miles to the west.19 Given the distance to the nearest riparian corridors and intervening development between the site and the riparian corridors, implementation of the project would not adversely affect any riparian habitat or other sensitive natural communities identified in local or regional plans, policies, regulations, or by the CDFW or USFWS. (No Impact) Impact BIO-3: The project would not have a substantial adverse effect on state or federally protected wetlands through direct removal, filling, hydrological interruption, or other means. (No Impact)
The project site does not contain state or federally protected wetlands. Therefore, the proposed project would have no impact on wetlands. (No Impact)
Impact BIO-4: The project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. (Less than Significant Impact)
Migratory movements of animal species are most often associated with riparian corridors, and the project site is not located adjacent to any streams or waterways. The closest riparian corridor to the site (Adobe Creek) is located approximately 1.1 miles to the west of the site and would be unaffected by the proposed project (see discussion under Impact BIO-2).20 For these reasons, the project would not interfere with migratory fish or wildlife species.

Glass windows and building facades can result in injury or mortality of birds due to bird collisions with these surfaces. The project design would consist of predominately of glass. Due to the highly urbanized nature of the project area, trees on and adjacent to the project sites are more conducive to use by urban-adapted resident birds that are widespread through urban and suburban land uses in the San Francisco Bay Area and have a high regional population. Therefore, any bird collisions resulting from the proposed project would represent a very small portion of regional populations and would not represent a substantial portion of any species. For the reasons above, the project would not 19 The nearest section of Permanente Creek to the project site is a concrete channel and does not provide riparian habitat. The nearest section of Adobe Creek to the project site is vegetated with mature trees and is identified as hardwood woodland along the creek. Source: California Department of Forestry and Fire Protection. Vegetation (fveg) - CALFIRE FRAP [ds1327]. 2019. Accessed May 31, 2022. https://apps.wildlife.ca.gov/bios/?al=ds1327. 20 The nearest woodland or forest habitat located along a creek is Adobe Creek located approximately 1.1 miles west of the project site. The nearest section of Permanent Creek, approximately 0.7 miles east, does not contain forest or woodland habitat. Source: California Department of Forestry and Fire Protection. Vegetation (fveg) - CALFIRE FRAP [ds1327]. 2019. Accessed May 31, 2022. https://apps.wildlife.ca.gov/bios/?al=ds1327. 185
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substantially interfere with movement of native resident species due to avian collision with the proposed building. (Less than Significant Impact)
Impact BIO-5: The project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. (Less than Significant Impact)
There are 27 trees on and adjacent to the project site, 13 of which meet the City’s definition of a “protected tree” (i.e., measure 48 inches or greater in circumference at 48 inches above grade). The project would remove 19 trees, including eight protected trees. The trees to be removed are on identified in Table 4.4-1 and noted on Figure 4.4-1.

Prior to removal of protected trees, the project would be required to obtain a tree removal permit as required by the City’s Tree Protection Ordinance. The project would also be required to conform with the replacement requirements outlined in the Los Altos Municipal Code (Chapter 11.08.090).

The proposed project is not expected to result in a significant impact to trees upon implementation of the recommended tree protection measures. Therefore, the project would not conflict with the City’s Tree Protection Ordinance. (Less than Significant Impact) Impact BIO-6: The project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. (No Impact) The project site is not located within an approved local, state, or national habitat conservation plan area. Thus, there would be no impact. (No Impact)
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4.5 CULTURAL RESOURCES
The discussion in the section is based, in part, on a Cultural Resources Inventory Report prepared by Archaeological/Historical Consultants dated February 2022. This report is confidential, and a copy of the Cultural Resources Inventory Report is on file at the City.

4.5.1 Environmental Setting

4.5.1.1 Regulatory Framework
Federal and State
National Historic Preservation Act
Federal protection is legislated by the National Historic Preservation Act of 1966 (NHPA) and the Archaeological Resource Protection Act of 1979. These laws maintain processes for determination of the effects on historical properties eligible for listing in the National Register of Historic Places (NRHP). Section 106 of the NHPA and related regulations (36 Code of Federal Regulations [CFR] Part 800) constitute the primary federal regulatory framework guiding cultural resources investigations and require consideration of effects on properties that are listed or eligible for listing in the NRHP. Impacts to properties listed in the NRHP must be evaluated under CEQA.

Code of Federal Regulations Title 36, Part 800.5(a)
CFR Title 36, Part 800.5(a) describes procedures for evaluating a project’s adverse effects on cultural resources for federal undertakings. An adverse effect is found when a federal undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the NRHP in a manner that would diminish the integrity of the property’s location, design, setting, materials, workmanship, feeling, or association. Examples of adverse effects are provided in CFR Title 36, Part 800.5(a)(2) and include, but are not limited to, the following:
• Physical destruction of or damage to all or part of the property; • Alteration of a property—including restoration, rehabilitation, repair, maintenance, stabilization, hazardous material remediation, and provision of handicapped access—that is not consistent with the Secretary’s Standards for the Treatment of Historic Properties (36 CFR Part 68) and applicable guidelines;
• Removal of the property from its historic location;
• Change of the character of the property’s use, or of physical features within the property’s setting, that contribute to its historic significance;
• Introduction of visual, atmospheric, or audible elements that diminish the integrity of the property’s significant historic features;
• Neglect of a property that causes its deterioration, except where such neglect and deterioration are recognized qualities of a property of religious and cultural significance to a Native American tribe or native Hawaiian organization; and • Transfer, lease, or sale of property out of federal ownership or control without adequate and legally enforceable restrictions or conditions to ensure long-term preservation of the property’s historic significance.
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California Register of Historical Resources
The California Register of Historical Resources (CRHR) is administered by the State Office of Historic Preservation and encourages protection of resources of architectural, historical, archeological, and cultural significance. The CRHR identifies historic resources for state and local planning purposes and affords protections under CEQA. Under Public Resources Code Section 5024.1(c), a resource may be eligible for listing in the CRHR if it meets any of the NRHP criteria.21 Historical resources eligible for listing in the CRHR must meet the significance criteria described in Public Resources Code Section 5024.1(c) and retain enough of their historic character or appearance to be recognizable as historical resources and to convey the reasons for their significance. A resource that has lost its historic character or appearance may still have sufficient integrity for the CRHR if it maintains the potential to yield significant scientific or historical information or specific data.

The concept of integrity is essential to identifying the important physical characteristics of historical resources and, therefore, in evaluating adverse changes to them. Integrity is defined as “the authenticity of a historical resource’s physical identity evidenced by the survival of characteristics that existed during the resource's period of significance.” The processes of determining integrity are similar for both the CRHR and NRHP and use the same seven variables or aspects to define integrity that are used to evaluate a resource's eligibility for listing. These seven characteristics include 1) location, 2) design, 3) setting, 4) materials, 5) workmanship, 6) feeling, and 7) association.

California Native American Historical, Cultural, and Sacred Sites Act The California Native American Historical, Cultural, and Sacred Sites Act applies to both state and private lands. The act requires that upon discovery of human remains, construction or excavation activity must cease and the county coroner be notified.

Public Resources Code Sections 5097 and 5097.98
Section 15064.5 of the CEQA Guidelines specifies procedures to be used in the event of an unexpected discovery of Native American human remains on non-federal land. These procedures are outlined in Public Resources Code Sections 5097 and 5097.98. These codes protect such remains from disturbance, vandalism, and inadvertent destruction, establish procedures to be implemented if Native American skeletal remains are discovered during construction of a project, and establish the Native American Heritage Commission (NAHC) as the authority to resolve disputes regarding disposition of such remains.

Pursuant to Public Resources Code Section 5097.98, in the event of human remains discovery, no further disturbance is allowed until the county coroner has made the necessary findings regarding the origin and disposition of the remains. If the remains are of a Native American, the county coroner must notify the NAHC. The NAHC then notifies those persons most likely to be related to the Native American remains. The code section also stipulates the procedures that the descendants may follow for treating or disposing of the remains and associated grave goods. 21 California Office of Historic Preservation. “CEQA Guidelines Section 15064.5(a)(3) and California Office of Historic Preservation Technical Assistance Series #6.” Accessed March 28, 2022. http://www.ohp.parks.ca.gov/pages/1069/files/technical%20assistance%20bulletin%206%202011%20update.pdf. 188
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Local
Los Altos General Plan
The following policies in the City’s General Plan have been adopted for the purposes of reducing or avoiding impacts related to cultural resources, and are applicable to the project.

Policy Description
CDHR 6.1 Ensure that the integrity of historic structures and the parcels on which they are located are preserved through the implementation of applicable design, building, and fire codes.

CDHR 6.2 The City shall regard demolition of landmark and historic resources, listed in the Historic Resources Inventory as a last resort. Demolition would be permitted only after the City determines that the resource has lost its physical integrity, retains no reasonable economic use, that demolition is necessary to protect health, safety and welfare or that demolition is necessary to proceed with a new project where the benefits of the new project outweigh the loss of the historic resource.

CDHR 6.4 Preserve archaeological artifacts and sites found in Los Altos or mitigate disturbances to them, consistent with their intrinsic value.

CDHR 6.5 Require an archaeological survey prior to the approval of significant development projects near creeksides or identified archaeological sites.

Los Altos Municipal Code
Chapter 12.44 (Historic Preservation) establishes the criteria and process for the designation of historic resources in the City, outlines the responsibilities of the Historical Commission, and describes the permit requirements for proposed alterations to historic resources. The primary purposes of ensuring protection of irreplaceable historic resources, enhancing visual character through architectural compatibility, and encouraging appreciation of the City’s past.

City of Los Altos Historic Resources Inventory
The City maintains its Historic Resource Inventory, containing historic landmark properties, historic resource properties, and designated heritage trees of local importance. There are two main types of protected structures in Los Altos: historic resources and historic landmarks. A historic landmark is a building, improvement, structure, natural feature, site or area of land that has significant historical, architectural, cultural, and/or aesthetic interest or value and is officially designated as a landmark by City Council. A historic resource is a property or structure that has been determined to be over 50 years old, retains its physical integrity, has historical, architectural, cultural, and/or aesthetic value, and is listed on the Historic Resources Inventory. The inventory was last updated in October 2012.22 22 City of Los Altos. Historic Resources Inventory. October 2012. Accessed March 30, 2022. https://www.losaltosca.gov/sites/default/files/fileattachments/historical_commission/page/36161/hri_full_doc.pdf 189
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4.5.1.2 Existing Conditions
Historic Resources
The area surrounding the project site was historically developed with agricultural and residential land uses. The project site currently contains one office building which was constructed in 1975. Because the project involves federal funding, the project constitutes a federal undertaking under Section 106 of the NHPA. Therefore, the existing structures was evaluated against the criteria of the NRHP. The evaluation concluded that the building is not a historic property, as defined in 36 CFR Part 800, because the existing structure is less than 50 years old and does not possess exceptional importance.23,24 The project is not included on the City’s Historic Resources Inventory.25 The existing structure, therefore, does not constitute a historic resource pursuant to the CEQA Guidelines Section 15064.5.

Prehistoric Resources
A records search at the Northwest Information Center of the California Historical Resources Information System (CHRIS) was conducted to identify all recorded archaeological sites on and within one-quarter mile of the project site. The record search found no resources that have been recorded on or within one-quarter mile of the site.

Sites with prehistoric resources are typically located in relatively flat areas in proximity to sources of fresh water. The nearest waterway to the project site is Permanente Creek, which is located approximately 0.7-mile east. The project site is underlain with alluvial soils, which are typically categorized as being comprised of approximately 70 percent urbanland and 30 percent Flaskan complex soils. The Flaskan complex soils are Holocene era soils derived from alluvial fans from the nearby Permanente Creek and the urbanland soils are comprised of disturbed, modified, and fill soils.

Although alluvial soils have the potential for buried prehistoric resources, the project site’s distance from Permanente Creek results in the project area having low sensitivity for prehistoric resources and a low sensitivity for historic-era archaeological resources.

4.5.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Cause a substantial adverse change in the
significance of a historical resource pursuant
to CEQA Guidelines Section 15064.5?
23 The National Register guidelines state that a property less than 50 years old must possess “exceptional importance” in order to be listed on the National Register. 24 Archaeological/Historical Consultants. Cultural Resources Inventory Report: 330 Distel Circle, Los Altos, CA.

February 2022.
25 City of Los Altos. Historic Resources Inventory. October 2012. Accessed March 30, 2022. https://www.losaltosca.gov/sites/default/files/fileattachments/historical_commission/page/36161/hri_full_doc.pdf. 190
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Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
2) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to CEQA Guidelines Section
15064.5?
3) Disturb any human remains, including those
interred outside of dedicated cemeteries?
Impact CUL-1: The project would not cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5. (No Impact)
As discussed in Section 4.5.1.2 Existing Conditions, the project site and existing building are not listed or eligible for listing in the NRHP, CRHR, or City of Los Altos Historic Resource Inventory.

Therefore, there would be no impact to historical resources pursuant to CEQA Guidelines Section 15064.5. (No Impact)
Impact CUL-2: The project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5. (Less than Significant Impact)
The project site has been previously disturbed and developed with the existing office building. As discussed under Section 4.5.1.2 Existing Conditions, the project site contains no known archaeological resources and has a low sensitivity for buried archaeological deposits. As such, there is a low possibility for uncovering buried archaeological resources. Project-related grading and excavation during construction could however result in significant impacts, if any unknown culturally significant archaeological resources were discovered.

The project, as proposed, includes the following standard construction-related measure identified in Section 3.1.5.1 Standard Construction Measures to reduce impacts to archaeological resources (if discovered on-site):
• In the event that buried, or previously unrecognized archaeological deposits or materials of any kind are inadvertently exposed during any construction activity, stop all activity within a 50-foot radius of the find until a qualified archaeologist can assess the find and provide recommendations for further treatment, if warranted. Preservation in place is the preferred treatment of an archeological resource. When preservation in place of an archeological resource is not feasible, data recovery, in accord with a data recovery plan prepared and adopted by the City, is the appropriate action. Construction and potential impacts to the area within a radius determined by the archaeologist would not recommence until the assessment is complete.
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The above proposed measure, which is typically implemented by development projects, would reduce impacts to archaeological resources (if discovered on-site) to a less than significant level by stopping construction and preparing a research design and treatment plan if any archaeological resources are found thereby protecting the resource. (Less than Significant Impact) Impact CUL-3: The project would not disturb any human remains, including those interred outside of dedicated cemeteries. (Less than Significant Impact) Human graves are most often associated with prehistoric occupation sites. Although unlikely, it is possible that project construction activities, such as excavation and grading, could disturb as-yet undiscovered human remains at the project site.

The project, as proposed, includes the following standard construction-related measure identified in Section 3.1.5.1 Standard Construction Measures to avoid impacts to human remains (if discovered on-site):
• In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50-foot radius of the find would be stopped. The Santa Clara County Coroner would be notified and would make make a determination as to whether the remains are of Native American origin or whether an investigation into the cause of death is required.

The above proposed measure, which is typically implemented by development projects, would reduce impacts to human remains to a less than significant level by stopping work within a 50-foot radius of the find and, if the find is determined to be Native American, implement recommendations by the most likely descendants for a proper burial. (Less than Significant Impact) 192
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4.6 ENERGY

4.6.1 Environmental Setting

4.6.1.1 Regulatory Framework
Federal and State
Energy Star and Fuel Efficiency
At the federal level, energy standards set by the EPA apply to numerous consumer products and appliances (e.g., the EnergyStar™ program). The EPA also sets fuel efficiency standards for automobiles and other modes of transportation.

Renewables Portfolio Standard Program
In 2002, California established its Renewables Portfolio Standard Program, with the goal of increasing the percentage of renewable energy in the state’s electricity mix to 20 percent of retail sales by 2010. Governor Schwarzenegger issued Executive Order (EO) S-3-05, requiring statewide emissions reductions to 80 percent below 1990 levels by 2050. In 2008, EO S-14-08 was signed into law, requiring retail sellers of electricity serve 33 percent of their load with renewable energy by 2020. In October 2015, Governor Brown signed SB 350 to codify California’s climate and clean energy goals. A key provision of SB 350 requires retail sellers and publicly owned utilities to procure 50 percent of their electricity from renewable sources by 2030. SB 100, passed in 2018, requires 100 percent of electricity in California to be provided by 100 percent renewable and carbon-free sources by 2045.

Executive Order B-55-18 To Achieve Carbon Neutrality
In September 2018, Governor Brown issued an executive order, EO-B-55-18 To Achieve Carbon Neutrality, setting a statewide goal “to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter.” The executive order requires CARB to “ensure future Scoping Plans identify and recommend measures to achieve the carbon neutrality goal.” EO-B-55-18 supplements EO S-3-05 by requiring not only emissions reductions, but also that, by no later than 2045, the remaining emissions be offset by equivalent net removals of CO2 from the atmosphere through sequestration.

California Building Standards Code
The Energy Efficiency Standards for Residential and Nonresidential Buildings, as specified in Title 24, Part 6 of the California Code of Regulations (Title 24), was established in 1978 in response to a legislative mandate to reduce California’s energy consumption. Title 24 is updated approximately every three years.26 Compliance with Title 24 is mandatory at the time new building permits are issued by city and county governments.27
26 California Building Standards Commission. “California Building Standards Code.” Accessed May 13, 2022. https://www.dgs.ca.gov/BSC/Codes#@ViewBag.JumpTo. 27 California Energy Commission (CEC). “2019 Building Energy Efficiency Standards.” Accessed May 13, 2022. https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2019-buildingenergy-efficiency. 193
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California Green Building Standards Code
CALGreen establishes mandatory green building standards for buildings in California. CALGreen was developed to reduce GHG emissions from buildings, promote environmentally responsible and healthier places to live and work, reduce energy and water consumption, and respond to state environmental directives. CALGreen covers five categories: planning and design, energy efficiency, water efficiency and conservation, material and resource efficiency, and indoor environmental quality.

Advanced Clean Cars Program
CARB adopted the Advanced Clean Cars program in 2012 in coordination with the EPA and National Highway Traffic Safety Administration. The program combines the control of smogcausing pollutants and GHG emissions into a single coordinated set of requirements for vehicle model years 2015 through 2025. The program promotes development of environmentally superior passenger cars and other vehicles, as well as saving the consumer money through fuel savings.28 Local
Los Altos General Plan
The following policies in the City’s General Plan have been adopted for the purposes of reducing or avoiding impacts related to energy, and are applicable to the project.

Policy Description
EE 7.1 The City will encourage energy and water conservation measures to reduce energy and water consumption in residential, governmental, and commercial buildings.

EE 7.2 The City will continue to implement building and zoning standards to encourage energy and water efficiency.

Los Altos Municipal Code
Chapter 6.14 - Collection, Recycling and Disposal of Waste Generated from Deconstruction, Demolition, Construction and Renovation Projects, in the City of Los Altos Municipal Code, seeks to divert at least sixty-five (65) percent of construction and demolition debris unless the applicant is granted an infeasibility exemption.

City of Los Altos Reach Code
In 2020, the Los Altos City Council approved and adopted the Reach Code Ordinances (Reach Code) to reduce energy related GHG emissions consistent with the goals of the City of Los Altos Climate Action Plan and be consistent with Title 24 and CalGreen. The Reach Code applies to new construction projects in Los Altos, including multi-family residences. Ordinance 2020-470B requires new multi-family residential (10 or more units) construction to be outfitted with entirely electric fixtures. Ordinance 2020-471 requires EV charging infrastructure for multi-family dwellings to have 28 California Air Resources Board. “The Advanced Clean Cars Program.” Accessed May 13, 2022. https://www.arb.ca.gov/msprog/acc/acc.htm.
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10 percent of dwelling units with parking space be provided with at least on Level 2 EV Ready Space, with the remaining dwelling units with parking spaces be provided with at least a Level 1 EV Ready Space.

Los Altos Climate Action Plan
The LACAP was adopted in 2013. The LACAP outlines the strategy for reducing the community’s greenhouse gas emissions and is consistent with AB 32, which directed public agencies in California to support the statewide goal of reducing GHG emissions to 1990 levels by 2020.

It is anticipated that the City will update the LACAP in the next 12 to 18 months to address emission reductions beyond 2020 and set a 2030 reduction target in alignment with SB 32 and the statewide goal of reducing GHG emissions to 40 percent below 1990 levels by 2030.

4.6.1.2 Existing Conditions
Total energy usage in California was approximately 7,790 trillion British thermal units (Btu) in the year 2019, the most recent year for which this data was available. Out of the 50 states, California is ranked second in total energy consumption and 49th in energy consumption per capita. The breakdown by sector was approximately 19 percent (1,456 trillion Btu) for residential uses, 19 percent (1,468 trillion Btu) for commercial uses, 23 percent (1,807 trillion Btu) for industrial uses, and 39 percent (3,060 trillion Btu) for transportation.29 This energy is primarily supplied in the form of natural gas, petroleum, nuclear electric power, and hydroelectric power.

Electricity
Electricity in Santa Clara County in 2020 was consumed primarily by the non-residential sector (73 percent), followed by the residential sector consuming 27 percent. In 2020, a total of approximately 16,435 gigawatt hours (GWh) of electricity was consumed in Santa Clara County. 30 The community-owned Silicon Valley Clean Energy (SVCE) is the electricity provider for the City of Los Altos.31 SVCE sources the electricity and Pacific Gas and Electric Company (PG&E) delivers it to customers over their existing utility lines. Customers are automatically enrolled in the GreenStart plan, which generates its electricity from 100 percent carbon free sources (with 50 percent from solar and wind sources, and 50 percent from hydroelectric). Customers have the option to enroll in the GreenPrime plan, which generates its electricity from 100 percent renewable sources, such as wind and solar.

Natural Gas
PG&E provides natural gas services within the City of Los Altos. In 2018, approximately one percent of California’s natural gas supply came from in-state production, while the remaining supply was 29 United States Energy Information Administration. State Profile and Energy Estimates, 2019. Accessed May 17, 2022. https://www.eia.gov/state/?sid=CA#tabs-2. 30 California Energy Commission. Energy Consumption Data Management System. “Electricity Consumption by County.” Accessed May 17, 2022. http://ecdms.energy.ca.gov/elecbycounty.aspx. 31 Silicon Valley Clean Energy. “Frequently Asked Questions”. Accessed May 17, 2022. https://www.svcleanenergy.org/faqs.
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imported from other western states and Canada.32 In 2019, residential and commercial customers in California used 33 percent of the state’s natural gas, power plants used 26 percent, the industrial sector used 35 percent, and other uses used six percent.33 Transportation accounted for one percent of natural gas use in California. In 2019, Santa Clara County used approximately two percent of the state’s total consumption of natural gas.34
Fuel for Motor Vehicles
In 2019, 15.4 billion gallons of gasoline were sold in California.35 The average fuel economy for lightduty vehicles (autos, pickups, vans, and sport utility vehicles) in the United States has steadily increased from about 13.1 miles per gallon (mpg) in the mid-1970s to 24.9 mpg in 2019.36 Federal fuel economy standards have changed substantially since the Energy Independence and Security Act was passed in 2007. That standard, which originally mandated a national fuel economy standard of 35 miles per gallon by the year 2020, was updated in March 2020 to require all cars and light duty trucks achieve an overall industry average fuel economy of 40.4 mpg by model year 2026. 37,38 Energy Use of Existing Development
The project site is currently developed with a 12,120-square foot single-story office building, paved surface parking, and sparse landscaping. Energy use of the existing development is primarily attributed to gasoline consumption of vehicles traveling to and from the site (approximately 9,300 gallons per year) and from operational energy use of the existing building through electricity (approximately 217,100 kWh per year) and natural gas (approximately 196,350 kBTU per year). 39,40
32 California Gas and Electric Utilities. 2019 California Gas Report Supplement. July 2019. Page 22. https://www.socalgas.com/regulatory/documents/cgr/2019_CGR_Supplement_7-1-19.pdf. 33 United States Energy Information Administration. “State Profile and Energy Estimates, 2019.” Accessed May 17, 2022. https://www.eia.gov/state/?sid=CA#tabs-2. 34 California Energy Commission. “Natural Gas Consumption by County.” Accessed May 17, 2022. http://ecdms.energy.ca.gov/gasbycounty.aspx. 35 California Department of Tax and Fee Administration. “Net Taxable Gasoline Gallons.” Accessed May 17, 2022. https://www.cdtfa.ca.gov/dataportal/dataset.htm?url=VehicleTaxableFuelDist. 36 United States Environmental Protection Agency. “The 2020 EPA Automotive Trends Report: Greenhouse Gas Emissions, Fuel Economy, and Technology since 1975.” January 2021. https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1010U68.pdf. 37 United States Department of Energy. Energy Independence & Security Act of 2007. Accessed May 17, 2022. http://www.afdc.energy.gov/laws/eisa. 38 Public Law 110–140—December 19, 2007. Energy Independence & Security Act of 2007. Accessed May 17, 2022. http://www.gpo.gov/fdsys/pkg/PLAW-110publ140/pdf/PLAW-110publ140.pdf. 39 Gasoline use calculated based on existing annual VMT in CalEEMod (231,545) divided by average U.S. fuel economy. Per the 2020 EPA Automotive Trends Report, the average U.S. Fuel Economy is 24.9 mpg for light-duty vehicles.
40 Illingworth & Rodkin, Inc. 330 Distel Circle Air Quality and Greenhouse Gas Assessment. May 17, 2022. 196
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4.6.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Result in a potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project construction
or operation?
2) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency?
Impact EN-1: The project would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. (Less than Significant Impact) Energy is consumed during the construction and operational phases of the project, as discussed below.

Energy Use During Construction
The construction phase would require energy for the manufacture and transportation of building materials, preparation of the project site for grading, and the actual construction of the buildings.

Petroleum-based fuels such as diesel fuel and gasoline would be the primary sources of energy for these tasks.

Construction of the project would require demolition, preparation of the site, grading, trenching, building construction, paving, and finishing of the building interiors. The overall construction schedule and process is designed to be efficient in order to avoid excess monetary costs. That is, equipment and fuel would not be used wastefully on the project site because of the added expense associated with renting the equipment, maintaining it, and fueling it. Further, construction of the project would occur in an urbanized area proximate to roadways, construction supplies, and workers, making it more efficient than construction occurring in outlying, undeveloped areas. For these reasons, the construction process for the project is efficient.

In addition, energy would not be wasted or used inefficiently by construction equipment, since the project would select equipment during construction that would minimize emissions (refer to Section

3.1.5.1 Standard Construction Measures). As described in Section 3.0 Project Description, the project would comply with the City of Los Altos Demolition Permit Construction Diversion Ordinance to reduce and divert construction waste. Adherence to existing regulations and programs (including Title 24 and Los Altos Reach Code summarized in Section 4.6.1.1 Regulatory Framework) would reduce energy loss resulting from the disposal of construction and demolition materials through diversion and recycling.
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Energy Use During Project Operation
Operation of the proposed project would consume energy for multiple purposes including, but not limited to, building heating and cooling, lighting, appliances, and electronics. As noted in Section

4.6.1.1 Regulatory Framework, the City’s Reach Code prohibits natural gas infrastructure in new construction projects. Accordingly, the project’s estimated electricity and gasoline use is summarized in Table 4.6-1 below.

Table 4.6-1: Estimated Energy Use of the Project
Electricity Use
(kWh/yr.)1
Natural Gas Use
(kBtu/yr.)1
Gasoline
(gal/yr.)3
A. Existing Development 217,095 196,344 9,299
B. Project 446,824 02 37,375
Net Total (B-A) 229,729 -196,344 28,076
1 Illingworth & Rodkin, Inc. 330 Distel Circle Air Quality and Greenhouse Gas Assessment. May 17, 2022. 2 Los Altos Reach Code Ordinances adopted November 10, 2020 by City Council prohibits the use of natural gas infrastructure in new buildings. Source: City of Los Altos. “Reach Codes”. Accessed May 17, 2022. https://www.losaltosca.gov/communitydevelopment/page/reach-codes-0. 3 Gasoline use calculated based on forecasted annual VMT in CalEEMod (930,640) divided by average U.S. fuel economy. Per the 2020 EPA Automotive Trends Report, the average U.S. Fuel Economy is 24.9 mpg for lightduty vehicles.

As shown in Table 4.6-1, the project would result in a net increase in energy demand for electricity and gasoline, but a net decrease in demand for natural gas in comparison with existing conditions.

The project, however, would not represent a wasteful or inefficient use of energy resources because the project would comply with the Title 24, CALGreen Building Code, the City of Los Altos General Plan, and the Municipal Code. The project would also meet the energy efficiency performance requirements of the City’s Reach Code. Compliance with these regulations would reduce natural gas consumption by 196,344 kBtu per year. In addition, as outlined in Section 3.1.4 Green Building Features, the project would also install solar photovoltaic panels on the rooftop and install higher efficiency appliances, lighting and HVAC systems to reduce energy consumption. Finally, as the project involves the construction and operation of conventional building types, there is nothing atypical or unusual about the project’s construction or operations that would result in wasteful, inefficient, or unnecessary consumption of energy. (Less than Significant Impact) Impact EN-2: The project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (Less than Significant Impact) As discussed above under Impact EN-1, the project would comply with the current energy efficiency standards set forth in Title 24, CALGreen Building Code, the City’s Reach Code, and the City’s Municipal Code. For these reasons, the project would comply with state and local plans for renewable energy and energy efficiency. (Less than Significant Impact) 198
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4.7 GEOLOGY AND SOILS
The following analysis is based, in part, on a geotechnical engineering investigation report prepared for the proposed project by Krazan & Associates, Inc. The report, dated October 5, 2021, is included in this Initial Study as Appendix C.

4.7.1 Environmental Setting

4.7.1.1 Regulatory Framework
State
Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act was passed following the 1971 San Fernando earthquake. The act regulates development in California near known active faults due to hazards associated with surface fault ruptures. Alquist-Priolo maps are distributed to affected cities, counties, and state agencies for their use in planning and controlling new construction. Areas within an Alquist-Priolo Earthquake Fault Zone require special studies to evaluate the potential for surface rupture to ensure that no structures intended for human occupancy are constructed across an active fault.

Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act (SHMA) was passed in 1990 following the 1989 Loma Prieta earthquake. The SHMA directs the California Geological Survey (CGS) to identify and map areas prone to liquefaction, earthquake-induced landslides, and amplified ground shaking. CGS has completed seismic hazard mapping for the portions of California most susceptible to liquefaction, landslides, and ground shaking, including the central San Francisco Bay Area. The SHMA requires that agencies only approve projects in seismic hazard zones following site-specific geotechnical investigations to determine if the seismic hazard is present and identify measures to reduce earthquake-related hazards.

California Building Standards Code
The California Building Standards Code (CBC) prescribes standards for constructing safe buildings.

The CBC contains provisions for earthquake safety based on factors including occupancy type, soil and rock profile, ground strength, and distance to seismic sources. The CBC requires that a sitespecific geotechnical investigation report be prepared for most development projects to evaluate seismic and geologic conditions such as surface fault ruptures, ground shaking, liquefaction, differential settlement, lateral spreading, expansive soils, and slope stability. The CBC is updated every three years.

California Division of Occupational Safety and Health Regulations Excavation, shoring, and trenching activities during construction are subject to occupational safety standards for stabilization by the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) under Title 8 of the California Code of Regulations and 199
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Excavation Rules. These regulations minimize the potential for instability and collapse that could injure construction workers on the site.

Public Resources Code Section 5097.5
Paleontological resources are the fossilized remains of organisms from prehistoric environments found in geologic strata. They range from mammoth and dinosaur bones to impressions of ancient animals and plants, trace remains, and microfossils. These materials are valued for the information they yield about the history of the earth and its past ecological settings. California Public Resources Code Section 5097.5 specifies that unauthorized removal of a paleontological resource is a misdemeanor. Under the CEQA Guidelines, a project would have a significant impact on paleontological resources if it would disturb or destroy a unique paleontological resource or site or unique geologic feature.

Municipal Regional Permit Provision C.6.c
The San Francisco Bay RWQCB re-issued the Municipal Regional Stormwater NPDES Permit (MRP) in 2015 to regulate stormwater discharges from municipalities and local agencies (copermittees) in Alameda, Contra Costa, San Mateo, and Santa Clara counties, and the cities of Fairfield, Suisun City, and Vallejo.41 Under Provision C..6.c of the MRP, all construction sites are required to implement site-specific Best Management Practices (BMPs) in six categories. These categories are Erosion Control, Run-on and Run-off Control, Sediment Control, Active Treatment Systems, Good Site Management, and Non-Stormwater Management. These BMPs would be included in the project’s erosion control plan, and would be subject to review and approval prior to construction.

Local
Los Altos General Plan
The following policies in the City’s General Plan have been adopted for the purpose of reducing or avoiding impacts related to geology and soils and are applicable to the project.

Policy Description
NEH 1.2 Avoid placement of critical facilities and high occupancy structures in areas known to be prone to ground failure during an earthquake.

NEH 1.3 Require soil analysis and erosion mitigation for all development proposed on sites known to be prone to erosion or ground failure.

4.7.1.2 Existing Conditions
Regional Geology
The City of Los Altos is located in the northern portion of the Coast Ranges Geomorphic Province in California. The mountain ranges in this Geomorphic Province are generally northwest trending and 41 MRP Number CAS612008
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were formed tens of millions of years ago by intense folding and faulting caused by tectonic activity between the Pacific Oceanic Plate and the North American Continental Plate.

On-Site Geological Conditions
Soils and Topography
The project site itself is located on flat land in Santa Clara Valley which spans the stretch between the Santa Cruz Mountain Range to the southwest and west and the Diablo Range to the northeast.

Near-surface soil sampling performed at the site produced deposits of Holocene alluvial fan deposits consisting of sands, silt, and clays that were eroded from local mountain ranges over time.42 The portions of project site that are developed are typified by a soil profile of one to two inches of concrete with approximately six and a half inches of aggregate base underneath. Near-surface soil samples of the limited, unpaved areas on the project site produced a profile of six to twelve inches of loose clayey sand and clayey sand with gravel. The soil below the near surface is generally comprised of four to five feet of medium dense to dense clayey sand with gravel. This soil is moderately strong, slightly compressible and has a moderate expansion potential. The soil more than five feet below the surface was comprised of predominately medium dense to very dense clayey sand and silty sand to hard sandy clay. Testing suggests that these soils are moderately strong and slightly compressible. The clayey soils on site have a moderate swell potential. Soils with a higher swell potential can see a more drastic increase in volume when water is absorbed, and this shift in volume can cause structural damage if dramatic enough.

No unique geologic features, such as serpentine rock outcrops and boulders, pinnacles, or sandstone are located on-site.

Seismicity and Seismic Hazards
As the San Francisco Bay Area contains numerous active and potentially active faults, there is a high potential for seismic events such as fault surface ruptures and ground shaking, which can cause ground failure (landslides), settlement, erosion, liquefaction, lateral spreading, and soil expansion.

Faults in the region are capable of generating earthquakes of magnitude 6.7 or higher, and strong-tovery-strong ground shaking would be expected to occur at the project site during a major earthquake on one of the nearby faults. While no faults cross the project site, there are several major faults nearby (refer to Table 4.7-1).
42 Krazan & Associates, Inc. Geotechnical Engineering Investigation Proposed Distel Circle Apartments, October 5, 2021. Page 3.
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Table 4.7-1: Active Faults in the Vicinity of the Project Site Fault Name Distance and Direction from Project Site*
Monte Vista-Shannon 3.2 miles west
San Andreas 5.7 miles west
Hayward 13 miles northeast
Calaveras 16 miles northeast
Zaynte-Vergeles 22 miles north
San Gregorio 17 miles west
Mount Diablo Thrust 28 miles east
* Approximate distances
During a major earthquake on a segment of one of the nearby faults, strong to severe ground shaking is expected to occur at the project site. The ground shaking intensity felt at the project site would depend on the size of the earthquake (magnitude), the distance from the site to the fault source, the directivity (focusing of earthquake energy along the fault in the direction of the rupture), and the sitespecific soil conditions.

The project site is not located within a State of California Earthquake Fault Zone or a Fault-Rupture Hazard Zone.43
Liquefaction and Lateral Spreading
Soil liquefaction can be defined as a complete loss of strength that causes otherwise solid soil to take on the characteristics of a liquid. The types of soil most susceptible to this hazard are loose, saturated, uniformly graded, fine-grain sands that comprise the soil layer within approximately 45 to 50 feet of the ground surface. Liquefaction mostly frequently occurs under vibratory conditions, such as those created by seismic events. The project area is not located in a designated compressible soil hazard zone or a liquefaction hazard zone.44
Despite not being located in a designated liquefaction hazard zone, groundwater was encountered onsite at approximate depths of 31 to 36 feet below ground surface (bgs). The geotechnical investigation concluded that the top 21 feet of soil are non-liquefiable due to the absence of groundwater, and that the soils between depths of 28 to 37 feet are slightly to moderately liquefiable.

Therefore, there is a moderate liquefaction potential at the project site.

Lateral spreading typically occurs as a form of horizontal displacement of relatively flat-lying soil toward an open or “free” face such as an open body of water, channel, or excavation. This movement is often associated with liquefaction and commonly occurs on gentle slopes in seismically active regions. Lateral spread presents a significant hazard to the integrity of buildings and other structures. 43 Santa Clara County Planning & Development. Geologic Hazard Zones Mapping Application. 2021. Accessed May 17, 2022. https://plandev.sccgov.org/ordinances-codes/geology-and-natural-hazards/geological-maps-and-data. 44 Santa Clara County. Santa Clara County Geologic Hazard Zones Map. October 2012. 202
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There are no adjacent bodies of water, channels, or excavations in the vicinity of the site; therefore there is no potential for lateral spreading on-site.

Landslides
The project site is relatively flat and is not mapped within a state-designated Landslide Hazard Zone.

Groundwater
As mentioned above, groundwater was encountered at approximately 31 feet to 36 feet bgs. Water levels on-site may vary depending on seasonal precipitation, irrigation practices, and other climate conditions.

Paleontological Resources
Most of the City, including the project site, is situated on alluvial fan deposits of Holocene age that have a low potential to contain significant nonrenewable paleontological resources.

4.7.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
- Rupture of a known earthquake fault, as
delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a
known fault (refer to Division of Mines
and Geology Special Publication 42)?
- Strong seismic ground shaking?
- Seismic-related ground failure, including
liquefaction?
- Landslides?
2) Result in substantial soil erosion or the loss of
topsoil?
3) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction, or collapse?
4) Be located on expansive soil, as defined in the
current California Building Code, creating
substantial direct or indirect risks to life or
property?
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Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
5) Have soils incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems where sewers are
not available for the disposal of wastewater?
6) Directly or indirectly destroy a unique
paleontological resource or site or unique
geological feature?
Impact GEO-1: The project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault; strong seismic ground shaking; seismic-related ground failure, including liquefaction; or landslides. (Less than Significant Impact)
Fault Rupture
The project site is not located in an Alquist-Priolo Earthquake Fault Zone and no known faults cross the site, therefore, fault rupture would not occur at the site. While existing faults that are currently considered active are located within 10 miles of the site (Monte Vista-Shannon and San Andreas fault), the proposed project is located outside of their fault rupture zones. (No Impact) Seismic Ground Shaking
There are several major fault lines within 30 miles of the project site that have the potential to produce earthquakes with a magnitude of 6.0 or higher. During a major earthquake on a segment of one of the nearby faults, strong to severe ground shaking is expected to occur at the project site. The ground shaking could potentially damage structures and threaten the safety of occupants in the proposed development.

The project would be required to adhere to the CBC and recommendations in the site-specific geotechnical report prepared for the project, prior to permit issuance. Additionally, the project would be required to utilize standard engineering techniques to increase the likelihood that the project could withstand minor earthquakes without damage and major earthquakes without collapse. For these reasons, the proposed project would not result in seismic (e.g., ground shaking) or seismic-related hazards (e.g., liquefaction and lateral spreading) as it would be constructed in accordance with current design and engineering standards. As such, the existing seismic hazards on the project would not be exacerbated by the project that it would impact (or worsen) off-site conditions. (Less than Significant Impact)
Liquefaction and Lateral Spreading
As discussed under 4.7.1.2 Existing Conditions, the project site is not subject to lateral spreading and is not located within a designated liquefaction hazard zone. However, the geotechnical investigation 204
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concluded that the site has a moderate liquefaction potential due to the groundwater that was identified at approximate depths of 31 to 36 feet bgs. Adherence to the CBC and recommendations in the site-specific geotechnical report would reduce the risk of liquefaction at the project site to acceptable levels. (Less than Significant Impact)
Landslides
As discussed under 4.7.1.2 Existing Conditions, the project site is not located in a designated landslide hazard zone. The project site is relatively flat and is not located in the vicinity of steep embankments that could increase the risk of landslides affecting the site. Construction of the project would not include substantial earthwork that would create unstable slopes that would exacerbate any existing landslide risks, and there are no risks of landslides impacting the project. Accordingly, the project is not susceptible to landslides, on or off the site. (No Impact) Impact GEO-2: The project would not result in substantial soil erosion or the loss of topsoil. (Less than Significant Impact)
Construction activities resulting in ground disturbance related to the demolition of the existing improvements and the required excavation and construction of the proposed residential building, could result in disturbance of soils. These activities would increase exposure of soil to wind and water erosion and increase sedimentation. By implementing standard grading and best management practices as required by the CBC, in addition to the site design and post-construction treatment control measures required by the MRP (as discussed in Section 4.10 ), erosion and sedimentation impacts would be less than significant. Compliance with General Plan Policy NEH 1.3 and the best management practices regarding erosion control required under Provision C.6.c of the MRP (see Section 4.7.1) would reduce potential construction-related erosion impacts to less than significant. (Less than Significant Impact)
Impact GEO-3: The project would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. (Less than Significant Impact)
As discussed under Section 4.7.1.2 Existing Conditions and Impact GEO-1, implementation of the project has no potential for on- or off-site landslides and lateral spreading. The project site has a moderate liquefaction potential due to the presence of groundwater at depths of 31 to 36 feet bgs.

Construction and operation of the project would not require dewatering; therefore, the project would not result in subsidence. As discussed under Impact GEO-1, the project, in conformance with the CBC and recommendations in the site-specific geotechnical report would reduce the risk of seismic and seismic related hazards including liquefaction and collapse to acceptable levels. (Less than Significant Impact)
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Impact GEO-4: The project would be located on expansive soil, as defined in the current California Building Code, however, it would not create substantial direct or indirect risks to life or property. (Less than Significant Impact) As discussed under Section 4.7.1.2 Existing Conditions, the project site is located on moderately expansive soils. Expansive soils possess a “shrink-swell” characteristic. Shrink-swell is the cyclic change in volume (expansion and contraction) that occurs in fine-grained clay sediments from the process of wetting and drying. Structural damage may result over a long period of time, usually the result of inadequate soil and foundation engineering or the placement of structures directly on expansive soils. Although expansive soils can be a hazard, adherence with the standard engineering and building practices and techniques specified in the CBC and adherence to the recommendations in the site-specific geotechnical report to reduce impacts from expansive soils to an acceptable level.

The project would comply with the CBC and recommendations of the site-specific geotechnical report. (Less than Significant Impact)
Impact GEO-5: The project would not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. (No Impact)
The project would connect to the City’s existing sanitary sewer systems are to dispose of wastewater from the project site. Therefore, the project site would not need to support septic tanks or alternative wastewater disposal systems. (No Impact)
Impact GEO-6: The project would not directly or indirectly destroy a unique paleontological resource or site or unique geological feature. (Less than Significant Impact) As described in Section 4.7.1.2 Existing Conditions, there are no unique geological features (e.g., serpentine rock outcrops) at the project site and the project site has low potential to contain significant nonrenewable paleontological resources. While unlikely, the project includes the following standard measure identified in Section 3.1.5.1 Standard Construction Measures to reduce impacts to paleontological resources (if encountered on-site):
• Should a unique paleontological resource be identified at the project site during any phase of construction, all ground disturbing activities within 25 feet would cease and the Planning and Building Director notified immediately. A qualified paleontologist would be retained to evaluate the find and prescribe action measures to reduce impacts to a less than significant level. Work may proceed on other parts of the project site while action for paleontological resources is implemented. Upon completion of the paleontological assessment, a report would be prepared and submitted to the City and, if paleontological materials are recovered, a paleontological repository, such as the University of California Museum of Paleontology would also be submitted to the City.

The above proposed measure, which is typically implemented by development projects, would reduce impacts to paleontological resources (if discovered on-site) to a less than significant level by halting work in the vicinity of the find, assessing the find, and implementing actions to preserve the paleontological resource. (Less than Significant Impact) 206
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4.8 GREENHOUSE GAS EMISSIONS
The following discussion is based, in part, on an Air Quality and Greenhouse Gas Assessment prepared by Illingworth & Rodkin, Inc. A copy of the report, dated May 10, 2022, is attached to this Initial Study as Appendix A.

4.8.1 Environmental Setting

4.8.1.1 Background Information
Gases that trap heat in the atmosphere, GHGs, regulate the earth’s temperature. This phenomenon, known as the greenhouse effect, is responsible for maintaining a habitable climate. In GHG emission inventories, the weight of each gas is multiplied by its global warming potential (GWP) and is measured in units of CO2 equivalents (CO2e). The most common GHGs are carbon dioxide (CO2) and water vapor but there are also several others, most importantly methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). These are released into the earth’s atmosphere through a variety of natural processes and human activities.

Sources of GHGs are generally as follows:
• CO2 and N2O are byproducts of fossil fuel combustion. • N2O is associated with agricultural operations such as fertilization of crops. • CH4 is commonly created by off-gassing from agricultural practices (e.g., keeping livestock) and landfill operations.
• Chlorofluorocarbons (CFCs) were widely used as refrigerants, propellants, and cleaning solvents, but their production has been stopped by international treaty. • HFCs are now used as a substitute for CFCs in refrigeration and cooling. • PFCs and SF6 emissions are commonly created by industries such as aluminum production and semiconductor manufacturing.

An expanding body of scientific research supports the theory that global climate change is currently causing changes in weather patterns, average sea level, ocean acidification, chemical reaction rates, and precipitation rates, and that it will increasingly do so in the future. The climate and several naturally occurring resources within California are adversely affected by the global warming trend.

Increased precipitation and sea level rise will increase coastal flooding, saltwater intrusion, and degradation of wetlands. Mass migration and/or loss of plant and animal species could also occur.

Potential effects of global climate change that could adversely affect human health include more extreme heat waves and heat-related stress; an increase in climate-sensitive diseases; more frequent and intense natural disasters such as flooding, hurricanes and drought; and increased levels of air pollution.
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4.8.1.2 Regulatory Framework
State
Assembly Bill 32
Under the California Global Warming Solutions Act, also known as Assembly Bill (AB) 32, CARB established a statewide GHG emissions cap for 2020, adopted mandatory reporting rules for significant sources of GHGs, and adopted a comprehensive plan, known as the Climate Change Scoping Plan, identifying how emission reductions would be achieved from significant GHG sources.

In 2016, SB 32 was signed into law, amending the California Global Warming Solution Act. SB 32, and accompanying Executive Order B-30-15, require CARB to ensure that statewide GHG emissions are reduced to 40 percent below the 1990 level by 2030. CARB updated its Climate Change Scoping Plan in December of 2017 to express the 2030 statewide target in terms of million metric tons of CO2e (MMTCO2e). Based on the emissions reductions directed by SB 32, the annual 2030 statewide target emissions level for California is 260 MMTCO2e.

Senate Bill 375
SB 375, known as the Sustainable Communities Strategy and Climate Protection Act, was signed into law in September 2008. SB 375 builds upon AB 32 by requiring CARB to develop regional GHG reduction targets for automobile and light truck sectors for 2020 and 2035. The per capita GHG emissions reduction targets for passenger vehicles in the San Francisco Bay Area include a seven percent reduction by 2020 and a 15 percent reduction by 2035.

Consistent with the requirements of SB 375, the Metropolitan Transportation Commission (MTC) partnered with the Association of Bay Area Governments (ABAG), BAAQMD, and the Bay Conservation and Development Commission to prepare the region’s Sustainable Communities Strategy (SCS) as part of the Regional Transportation Plan process. The SCS is referred to as Plan Bay Area 2050. Plan Bay Area 2050 establishes a course for reducing per capita GHG emissions through the promotion of compact, high-density, mixed-use neighborhoods near transit, particularly within identified Priority Development Areas (PDAs).

Senate Bill 743
SB 743 establishes criteria for determining the significance of transportation impacts using a vehicle miles traveled (VMT) metric intended to promote the reduction of GHG emissions, the development of multimodal transportation networks, and a diversity of land uses. Specifically, SB 743 requires analysis of VMT in determining the significance of transportation impacts. Local jurisdictions were required by Governor’s Office of Planning and Research (OPR) to implement a VMT policy by July 1, 2020.

SB 743 did not authorize OPR to set specific VMT impact thresholds, but it did direct OPR to develop guidelines for jurisdictions to utilize. CEQA Guidelines Section 15064.3(b)(1) describes factors that might indicate whether a development project’s VMT may be significant. 208
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California Building Standards Code
The Energy Efficiency Standards for Residential and Nonresidential Buildings, as specified in Title 24, Part 6 of the California Code of Regulations, was established in 1978 in response to a legislative mandate to reduce California’s energy consumption. Title 24 is updated approximately every three years.45 Compliance with Title 24 is mandatory at the time new building permits are issued by city and county governments.46
California Green Building Standards Code
CALGreen establishes mandatory green building standards for buildings in California. CALGreen was developed to reduce GHG emissions from buildings, promote environmentally responsible and healthier places to live and work, reduce energy and water consumption, and respond to state environmental directives. CALGreen covers five categories: planning and design, energy efficiency, water efficiency and conservation, material and resource efficiency, and indoor environmental quality.

Regional
2017 Clean Air Plan
To protect the climate, the 2017 CAP (prepared by BAAQMD) includes control measures designed to reduce emissions of methane and other super-GHGs that are potent climate pollutants in the nearterm, and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.

CEQA Air Quality Guidelines
The BAAQMD CEQA Air Quality Guidelines are intended to serve as a guide for those who prepare or evaluate air quality impact analyses for projects and plans in the San Francisco Bay Area. The jurisdictions in the San Francisco Bay Area Air Basin utilize the thresholds and methodology for assessing GHG impacts developed by BAAQMD within the CEQA Air Quality Guidelines. The guidelines include information on legal requirements, BAAQMD rules, methods of analyzing impacts, and recommended mitigation measures.

Local
Los Altos Climate Action Plan
The LACAP was adopted in 2013. The LACAP outlines the strategy for reducing the community’s greenhouse gas emissions and is consistent with AB 32, which directed public agencies in California to support the statewide goal of reducing GHG emissions to 1990 levels by 2020. 45 California Building Standards Commission. “California Building Standards Code.” Accessed May 13, 2022. https://www.dgs.ca.gov/BSC/Codes#@ViewBag.JumpTo. 46 California Energy Commission (CEC). “2019 Building Energy Efficiency Standards.” Accessed May 13, 2022. https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2019-buildingenergy-efficiency. 209
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It is anticipated that the City will update the LACAP in the next 12 to 18 months to address emission reductions beyond 2020 and set a 2030 reduction target in alignment with SB 32 and the statewide goal of reducing GHG emissions to 40 percent below 1990 levels by 2030.

Los Altos Reach Code
In 2020, the Los Altos City Council approved and adopted the Reach Code Ordinances (Reach Code) to reduce energy related GHG emissions consistent with the goals of the City of Los Altos Climate Action Plan. The Reach Code applies to new construction projects in Los Altos, including multifamily residences. Ordinance 2020-470B requires new multi-family residential (10 or more units) construction to be outfitted with entirely electric fixtures. Ordinance 2020-471 requires EV charging infrastructure for multi-family dwellings to have 10 percent of dwelling units with parking space be provided with at least on Level 2 EV Ready Space, with the remaining dwelling units with parking spaces be provided with at least a Level 1 EV Ready Space.

4.8.1.3 Existing Conditions
The existing office use generates GHG emissions primarily from vehicular travel to and from the site. GHG emissions are also generated through building heating and cooling, electricity use, and solid waste disposal.

4.8.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Generate greenhouse gas (GHG) emissions,
either directly or indirectly, that may have a
significant impact on the environment?
2) Conflict with an applicable plan, policy, or
regulation adopted for the purpose of reducing
the emissions of GHGs?
The BAAQMD’s CEQA Air Quality Guidelines do not use quantified thresholds for projects that are in a jurisdiction with a qualified GHG reduction plan (i.e., a Climate Action Plan). The plan has to address emissions associated with the period that the project would operate (e.g., beyond year 2020).

The City’s adopted a CAP that addresses requirements recommended in the BAAQMD CEQA Guidelines; however, the currently adopted CAP does not address recent State goals to reduce emissions 40 percent below 1990 levels by 2030. For quantified emissions, BAAQMD recommended a GHG threshold of 1,100 metric tons or 4.6 metric tons (MT) per capita to meet the state’s AB 32 2020 GHG targets. Operation of the project would occur beyond 2020, so a threshold that addresses a future target is appropriate.

The below assessment uses a “Substantial Progress” efficiency metric of 2.8 MT CO2e/year/service population and a bright-line threshold of 660 MT CO2e/year based on the GHG reduction goals of EO B-30-15. The service population metric of 2.8 is calculated for 2030 based predictions from 210
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BAAQMD.47 The 2030 bright-line threshold is a 40 percent reduction of the 2020 1,100 MT CO2e/year threshold.

Impact GHG-1: The project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. (Less than Significant Impact)
Construction Emissions
Short-term GHG emissions from the construction phase of the project would consist primarily of heavy equipment exhaust, worker travel, materials delivery, and solid waste disposal. Neither the City of Los Altos nor BAAQMD have an adopted threshold of significance for construction-related GHG emissions. BAAQMD encourages the incorporation of best management practices to reduce GHG emissions during construction where feasible and applicable.

GHG emissions from the project’s construction-related activities are estimated to be approximately 977 metric tons of CO2e for the total construction period. The project includes the following BAAQMD best management practices identified in Section 3.1.5.1 Standard Construction Measures that would reduce GHG emissions during construction:
• Designate an on-site coordinator and monitor to ensure implementation of the below dust and emission control measures.
• Water all exposed surfaces at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe. • Cover all haul trucks transporting soil, sand, or other loose material off-site. • Remove all visible mud or dirt track-out onto adjacent public roads using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • Limit all vehicle speeds on unpaved roads to 15 mph.
• Complete pavement of all roadways, driveways, and sidewalks as soon as possible. • Lay out building pads as soon as possible after grading unless seeding or soil binders are used.
• Maintain and properly tune all construction equipment in accordance with manufacturer’s specifications. Check all equipment by a certified mechanic and determined to be running in proper condition prior to operation.
• Post a publicly visible sign with the telephone number of the on-site coordinator/monitor and telephone number and person to contact at the City of Los Altos regarding dust complaints.

The on-site coordinator/monitor would respond and take corrective action within 48 hours.

Post the Air District’s phone number to be visible to ensure compliance with applicable regulations.
• Suspend all excavation, grading, and/or demolition activities when average wind speeds exceed 20 mph.
47 Bay Area Air Quality Management District. CLE International 12th Annual Super-Conference CEQA Guidelines, Case Law and Policy Update. May 2014.
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• Install wind breaks (e.g., trees, fences) on the windward side(s) of actively disturbed areas of construction. Wind breaks should have at maximum 50 percent air porosity. • Plant vegetative ground cover (e.g., fast-germinating native grass seed) in disturbed areas as soon as possible and water appropriately until vegetation is established. • Limit the simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time. Phase activities to reduce the amount of disturbed surfaces at any one time.
• Wash all trucks and equipment, including their tires, prior to leaving the site. • Treat site accesses to a distance of 100 feet from the paved road with a 6-to-12-inch compacted layer of wood chips, mulch, or gravel.
• Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent.
• Minimize idling times either by shutting equipment off when not in use or reducing the maximum idling time to two minutes. Provide clear signage for construction workers at all access points.

Because construction would be temporary (approximately 20 months) and would not result in a permanent increase in emissions, and the fact that the project includes measures that would reduce GHG emissions during construction, the project would not result in a significant GHG impact from construction emissions. (Less than Significant Impact)
Operational Emissions
The CalEEMod model, along with the project vehicle trip generation rates, was used to estimate daily emissions associated with operation of project. As shown in Table 4.8-1, the net annual emissions resulting from operation of the project compared to existing conditions are predicted to be 241 metric tons (MT) of CO2e in 2025 and 214 MT of CO2e in 2030. Given the project’s service population (i.e., number of residents) of 245, the emissions per service population would be 1.4 and 1.3 MT CO2e/year/service population for the years 2025 and 2030, respectively.

To be considered significant, the project must exceed both the GHG significance threshold in metric tons per year and the service population significance threshold. As shown in Table 4.8-1, the 2025 and 2030 emissions would not exceed the 2030 “bright-line” threshold of 660 MT of CO2e/year and would not exceed the “substantial progress” efficiency metric of 2.8 MT CO2e/year/service population. For a more detailed breakdown of emissions in Table 4.8-1, refer to Appendix A.

Therefore, the proposed project would have a less than significant operational GHG emissions impact. (Less than Significant Impact)
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Table 4.8-1: Annual Project GHG Emissions (CO2e) in Metric Tons and Per Capita 2025 2030
Total (MT CO2e/year) 345 318
Project Net Emissions
241
MT CO2e/year
214
MT CO2e/year
Significance Threshold
660 MT CO2e/year
No No
Service Population Emissions
(MT CO2e/year/service population)

1.4 1.3
Significance Threshold

2.8 in 2030
No No
Note: Existing total annual GHG emissions (CO2e) is 104 metric tons per year.

Source: Illingworth & Rodkin, Inc. 330 Distel Circle Air Quality and Greenhouse Gas Assessment. May 17, 2022.

Impact GHG-2: The project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. (Less than Significant Impact)
SB 32
As discussed in Impact GHG-1, the project would be not exceed the “bright line” and “substantial progress” thresholds. Therefore, the project would not impede achieving the state’s SB 32 2030 GHG reduction target. (Less than Significant Impact)
SB 375
As discussed in Section 4.1.1.2, the project is located within a TPA. The project would support the transit-oriented development of the site to a within one-half mile of a planned bus rapid transit station.48
Los Altos Climate Action Plan
The City’s LAACP supports the statewide goal of reducing GHG emissions to 1990 levels by 2020.

Operation of the project would occur beyond 2020, therefore GHG emissions were quantified using the CalEEMod model. As discussed under Impact GHG-1, the project’s 2030 emissions would not exceed the “substantial progress” efficiency metric of 2.8 MT CO2e/year/service population. (Less than Significant Impact)
48 Bay Area Metro. “Plan Bay Area 2050 Transportation Project List.” Accessed March 31, 2022. https://www.planbayarea.org/2050-plan/final-plan-bay-area-2050/final-supplemental-reports/interactivetransportation-project-list. 213
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2017 Clean Air Plan
As discussed in detail under Impact AIR-1 in Section 4.3 Air Quality, the project is consistent with all applicable 2017 CAP measures and would not interfere with implementation of the 2017 CAP control measures. (Less than Significant Impact)
City of Los Altos Reach Code
The Reach Code applies to new construction projects in Los Altos. As discussed in Section 4.6 Energy, the project would comply with the Reach Code by excluding new natural gas infrastructure.

The Reach Code would require the project be consistent with Title 24 and CalGreen standards. (Less than Significant Impact)
VMT
SB 743 establishes criteria for determining the significance of transportation impacts using a VMT intended to promote the reduction of GHG emissions, among other things. As discussed in Impact TRN-2, the project would have a less than significant VMT impact, pursuant to the City’s Draft VMT policy and CEQA Guidelines Section 15064.3, subdivision (b), which states projects located within a one-half mile of a planned major transit stop (i.e., bus rapid transit along El Camino Real) are presumed to have a less than significant VMT impact. (Less than Significant Impact) 214
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4.9 HAZARDS AND HAZARDOUS MATERIALS
The following analysis is based, in part, on a Phase I Environmental Site Assessment Report prepared by PIERS Environmental Services, Inc. The report, dated August 30, 2021, is included in this Initial Study as Appendix D.

4.9.1 Environmental Setting

4.9.1.1 Regulatory Framework
The storage, use, generation, transport, and disposal of hazardous materials and waste are highly regulated under federal and state laws. In California, the EPA has granted most enforcement authority over federal hazardous materials regulations to the California Environmental Protection Agency (CalEPA). In turn, local agencies have been granted responsibility for implementation and enforcement of many hazardous materials regulations under the Certified Unified Program Agency (CUPA) program.

Worker health and safety and public safety are key issues when dealing with hazardous materials.

Proper handling and disposal of hazardous material is vital if it is disturbed during project construction. Cal/OSHA enforces state worker health and safety regulations related to construction activities. Regulations include exposure limits, requirements for protective clothing, and training requirements to prevent exposure to hazardous materials. Cal/OSHA also enforces occupational health and safety regulations specific to lead and asbestos investigations and abatement.

Federal and State
Federal Aviation Regulations Part 77
Federal Aviation Regulations, Part 77 Objects Affecting Navigable Airspace (FAR Part 77) sets forth standards and review requirements for protecting the airspace for safe aircraft operation, particularly by restricting the height of potential structures and minimizing other potential hazards (such as reflective surfaces, flashing lights, and electronic interference) to aircraft in flight. These regulations require that the Federal Aviation Administration (FAA) be notified of certain proposed construction projects located within an extended zone defined by an imaginary slope radiating outward for several miles from an airport’s runways, or which would otherwise stand at least 200 feet in height above the ground.

Comprehensive Environmental Response, Compensation, and Liability Act The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Over five years, $1.6 billion was collected and the tax went to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. CERCLA accomplished the following objectives:
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• Established prohibitions and requirements concerning closed and abandoned hazardous waste sites;
• Provided for liability of persons responsible for releases of hazardous waste at these sites; and
• Established a trust fund to provide for cleanup when no responsible party could be identified.

The law authorizes two kinds of response actions:
• Short-term removals, where actions may be taken to address releases or threatened releases requiring prompt response; and
• Long-term remedial response actions that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life-threatening. These actions can be completed only at sites listed on the EPA’s National Priorities List.

CERCLA also enabled the revision of the National Contingency Plan (NCP). The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the National Priorities List.

CERCLA was amended by the Superfund Amendments and Reauthorization Act on October 17, 1986.49
Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste. RCRA gives the EPA the authority to control hazardous waste from the “cradle to the grave.” This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also sets forth a framework for the management of non-hazardous solid wastes.

The Federal Hazardous and Solid Waste Amendments (HSWA) are the 1984 amendments to RCRA that focused on waste minimization, phasing out land disposal of hazardous waste, and corrective action for releases. Some of the other mandates of this law include increased enforcement authority for the EPA, more stringent hazardous waste management standards, and a comprehensive underground storage tank program.50
Government Code Section 65962.5
Section 65962.5 of the Government Code requires CalEPA to develop and update a list of hazardous waste and substances sites, known as the Cortese List. The Cortese List is used by state and local agencies and developers to comply with CEQA requirements. The Cortese List includes hazardous 49 United States Environmental Protection Agency. “Superfund: CERCLA Overview.” Accessed November 19, 2021. https://www.epa.gov/superfund/superfund-cercla-overview. 50 United States Environmental Protection Agency. “Summary of the Resource Conservation and Recovery Act.” Accessed November 19, 2021. https://www.epa.gov/laws-regulations/summary-resource-conservation-andrecovery-act. 216
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substance release sites identified by the Department of Toxic Substances Control (DTSC) and State Water Resources Control Board (SWRCB).51
Toxic Substances Control Act
The Toxic Substances Control Act (TSCA) of 1976 provides the EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics, and pesticides. The TSCA addresses the production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon, and leadbased paint.

California Accidental Release Prevention Program
The California Accidental Release Prevention (CalARP) Program aims to prevent accidental releases of regulated hazardous materials that represent a potential hazard beyond the boundaries of a property. Facilities that are required to participate in the CalARP Program use or store specified quantities of toxic and flammable substances (hazardous materials) that can have off-site consequences if accidentally released. The Santa Clara County Department of Environmental Health reviews CalARP risk management plans as the CUPA.

Asbestos-Containing Materials
Friable asbestos is any asbestos-containing material (ACM) that, when dry, can easily be crumbled or pulverized to a powder by hand, allowing the asbestos particles to become airborne. Common examples of products that have been found to contain friable asbestos include acoustical ceilings, plaster, wallboard, and thermal insulation for water heaters and pipes. Common examples of nonfriable ACMs are asphalt roofing shingles, vinyl floor tiles, and transite siding made with cement.

The EPA phased out use of friable asbestos products between 1973 and 1978. National Emission Standards for Hazardous Air Pollutants (NESHAP) guidelines require that potentially friable ACMs be removed prior to building demolition or remodeling that may disturb the ACMs.

CCR Title 8, Section 1532.1
The United States Consumer Product Safety Commission banned the use of lead-based paint in 1978.

Removal of older structures with lead-based paint is subject to requirements outlined by the Cal/OSHA Lead in Construction Standard, CCR Title 8, Section 1532.1 during demolition activities.

Requirements include employee training, employee air monitoring, and dust control. If lead-based paint is peeling, flaking, or blistered, it is required to be removed prior to demolition.

Regional and Local
Municipal Regional Permit Provision C.12.f
Polychlorinated biphenyls (PCBs) were produced in the United States between 1955 and 1978 and used in hundreds of industrial and commercial applications, including building and structure 51 California Environmental Protection Agency. “Cortese List Data Resources.” Accessed November 19, 2021. https://calepa.ca.gov/sitecleanup/corteselist/.
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materials such as plasticizers, paints, sealants, caulk, and wood floor finishes. In 1979, the EPA banned the production and use of PCBs due to their potential harmful health effects and persistence in the environment. PCBs can still be released to the environment today during demolition of buildings that contain legacy caulks, sealants, or other PCB-containing materials.

With the adoption of the San Francisco Bay Region MRP by the San Francisco Bay Regional Water Quality Control Board on November 19, 2015, Provision C.12.f requires that permittees develop an assessment methodology for applicable structures planned for demolition to ensure PCBs do not enter municipal storm drain systems.52 Municipalities throughout the Bay Area are currently modifying demolition permit processes and implementing PCB screening protocols to comply with Provision C.12.f. Buildings constructed between 1950 and 1980 that are proposed for demolition must be screened for the presence of PCBs prior to the issuance of a demolition permit. Single-family houses and wood-frame structures are exempt from these requirements.

Los Altos General Plan
The following policies in the City’s General Plan have been adopted for the purpose of reducing or avoiding impacts related to hazards and hazardous materials and are applicable to the project.

Policy Description
NEH 3.1 Cooperate with and participate in development of the policies and future programs of the Santa Clara County Health Department and the California Legislature.

NEH 3.2 Support the management of hazardous materials contamination and abatement by public and private agencies.

NEH 6.1 Maintain an updated Emergency Preparedness Plan. The plan should increase public awareness of natural hazards and hazards associated with human activity and of methods to avoid or mitigate the effects of these hazards, and should ensure that critical facilities will function during and after a disaster.

Los Altos Municipal Code
Chapter 10.08 - Sewer System Protection Regulations, in the City of Los Altos Municipal Code, seeks to protect the citizens of Los Altos through prevention and control of unauthorized discharges of hazardous materials. Chapter 10.08 includes several hazardous materials regulations, such as requiring construction sites to maintain a spill response plan, prohibiting the storage of materials next to storm drains, and prohibiting the disposal of hazardous materials in an area that may eventually lead to pollution reaching the sewer system.

The City of Los Altos adopted Ordinance 2019-456, which added Chapter 6.15 Managing Polychlorinated Biphenyls to the Municipal Code. Chapter 6.15 of the Municipal Code outlines the City’s regulations for the disposal of Polychlorinated Biphenyls (PCBs) in buildings constructed 52 California Regional Water Quality Control Board. San Francisco Bay Region Municipal Regional Stormwater NPDES Permit. November 2015.
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between 1950 and 1980. 53 In order to obtain a demolition permit, the project must conduct a Priority Building Materials Screening Assessment and submit results of the screening to the City. If PCBs are present in one or more of the Priority Building Materials (based on the above screening assessment), the project must comply with all related applicable federal and state law, including the Federal Clean Water Act, the California Porter-Cologne Water Quality Control Act, and the Municipal Regional Stormwater Permit Order No. R2-2015-0049.

City of Los Altos Emergency Operations Plan
The City of Los Altos updated its Emergency Operations Plan (EOP) in March 2016. The City of Los Altos EOP outlines the City’s framework for managing a variety of hazards such as natural disasters and human-caused events. The EOP describes organizational structures, roles and responsibilities, policies, and protocols for providing emergency support. The EOP details the City’s mitigation strategies, preparedness planning, short and long-term recovery strategies, and the operating procedures for the Emergency Operations Center (EOC). It also details the jurisdictional structure for responding to emergencies when the response may require regional, state, or federal coordination.

4.9.1.2 Existing Conditions
Site History
The existing one-story office building was constructed in 1975. Prior to 1975, the project site (and other surrounding properties) had been used for agricultural purposes before they were cleared for urban development. An orchard that was previously located on the project site was cleared during the 1950s. Since the building was constructed, it has been used as office space for various tenants.

Potential On-Site Sources of Contamination
No environmental concerns, vapor encroachment conditions, Recognized Environmental Concerns (RECs), Historic RECs (HRECs), or Controlled RECs (CRECs) were identified by the Phase I ESA in connection with the project site and past uses.54 The project site is not on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 (Cortese List).

The soils on the project site may contain residual pesticide contamination from past agricultural activities if the soils have not been previously excavated during construction of the existing building.

According to the Phase I ESA, an Asbestos Survey Report was completed in 2008 on-site. All samples from the building tested negative for asbestos; therefore, it was determined that the existing building had no ACMs present. Given the age of the building on-site, PCBs and lead-based paint could be present in the building materials.
53 City of Los Altos. “Ordinance No. 2019-456.” July 3, 2019. Accessed June 1, 2 022. https://www.losaltosca.gov/sites/default/files/fileattachments/ordinance/70801/2019-05-14_19-456.pdf . 54 A Recognized Environmental Condition refers to the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property; due to release to the environment; under conditions indicative of a release to the environment; or under conditions that pose a material threat of a future release to the environment. 219
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Off-Site Sources of Contamination
Federal and state databases were searched to determine the potential for the project site to be affected by releases from off-site sources of contamination within one mile of the project site. The Phase I ESA identified several sites within the vicinity of the project site that are listed on various regulatory databases. Of the 23 sites listed in the Treatment, Storage, and Disposal Sites database, 20 are located down- or cross-gradient to the project site, and do not present a contamination risk to the project site.

The two sites that are up-gradient of the project site are located approximately 1,586 and 3,283 feet to the southeast, which is sufficient distance to result in a low chance of groundwater contamination under the project site. None of these sites were determined to pose an environmental concern to the project site due to their location and distance from the site. Of the ten sites within one mile of the project site listed on the Leaking Underground Storage Tank (LUST) Database, only one was located close enough to be of potential concern. This case was closed in 1996 and does not present any environmental concern to the project site.

Wildland Fires
The project site is located in a highly urbanized area that is not within a wildland urban interface area or a very high fire hazard severity zone.55,56
Proximity to an Airport
The project site is not located within an airport land use plan. Moffett Federal Airfield, a joint civilmilitary airport, is the closest airport and it is located approximately three miles northeast of the project site.

4.9.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
2) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
3) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
55 California Department of Forestry and Fire Protection. Santa Clara County Fire Hazard Safety Zone Map – State Responsibility Area. November 2007. 56 California Department of Forestry and Fire Protection. Santa Clara County Fire Hazard Safety Zone Map – Local Responsibility Area. October 2008.
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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
4) Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as
a result, would it create a significant hazard to
the public or the environment?
5) For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, result in a safety hazard
or excessive noise for people residing or
working in the project area?
6) Impair implementation of or physically
interfere with an adopted emergency response
plan or emergency evacuation plan?
7) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury,
or death involving wildland fires?
Impact HAZ-1: The project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. (Less than Significant Impact)
Construction of the project would involve the use of potentially hazardous materials, including vehicle fuels, oils, and fluids. All hazardous materials would be transported, contained, stored, used, and disposed of in accordance with manufacturers’ instructions and would be handled in compliance with all applicable standards and regulations. Construction-related hazardous materials use would be temporary, and does not constitute routine transport, use, or disposal.

After construction is completed, the proposed residential development would include the on-site use and storage of cleaning supplies and maintenance chemicals in small quantities (oil, paint, pesticides, etc.). These materials would be managed in accordance with existing laws and regulations that ensure that the routine transport, storage, use, and disposal of these materials would result in a significant hazard to the public or environment. (Less than Significant Impact) Impact HAZ-2: The project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. (Less than Significant Impact)
Soil Contamination
As discussed in Section 4.9.1.2, the project site was historically used an orchard up until the 1950s.

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pesticides and/or pesticide-based metals such as arsenic and lead from historic pesticide application.

If pesticides are present and not mitigated, construction of the project could result in exposure of construction workers, adjacent properties and future site workers to pesticide contamination.

The project plans would include the following standard measures identified in Section 3.1.5.1 Standard Construction Measures to reduce potential impacts related to soil contamination on-site. • Prior to issuance of demolition or grading permits, the project applicant would prepare a Site Management Plan (SMP) to guide activities during demolition, excavation, and initial construction to ensure that potentially contaminated soils are identified, characterized, removed, and disposed of properly. The purpose of the SMP is to establish appropriate management practices for handling impacted soil or other materials that may be encountered during construction activities. The SMP would provide the protocols for sampling of in-place soil to facilitate the profiling of the soil for appropriate off-site disposal or reuse, and for construction worker safety, dust mitigation during construction and potential exposure of contaminated soil to future users of the site. The soil profiling would include (but not limited to) the collection of shallow soil samples (upper one-foot) and analyses for lead and organochlorine pesticides. The soil profiling would be performed prior to any significant earthwork.

The above proposed measures, which are typically implemented by development projects, would reduce impacts regarding upset and accident conditions involving the release of hazardous materials into the environment to a less than significant level by requiring sampling prior to the issuance of grading permits and implementation of a SMP or RAP if contaminated soils are identified. (Less than Significant Impact)
Polychlorinated Biphenyls, Lead-Based Paint, and Asbestos-Containing Materials As discussed in Section 4.9.1.2 Existing Conditions, the existing office building on-site was constructed in 1975, which indicates that PCBs may be present in the building materials. Pursuant to the MRP Provision C.12.f and Los Altos Municipal Code Chapter 6.15, the project would be required to perform a screening to test for the presence of PCBs. If building materials are found to have PCBs in excess of regulatory limits, that information would be required to be reported to the appropriate agencies and the material would be disposed of properly to prevent accidental release into the environment.
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The construction date of the building also indicates that lead-based paint could be present in building materials. Pursuant to local, state, and federal laws, a lead-based paint survey would be completed by a qualified professional to determine the presence of lead-based paint on the structure for demolition.

The survey would be completed prior to demolition of the existing structure.

As discussed in Section 4.9.1.2 Existing Conditions, an Asbestos Survey Report was completed in 2008 which determined that the existing building had no ACMs present. Based on these findings, there would be no risk of accidental release of ACMs that would result from project implementation.

During construction, the project would also comply with Chapter 10.08 of Los Altos Municipal Code, which requires that a spill response plan be maintained to prevent accidental discharge of hazardous materials. Based on this discussion, compliance with local, state, and federal regulations would reduce the risk involving the release of hazardous materials into the environment due to reasonably foreseeable upset and accident conditions to a less than significant level. (Less than Significant Impact)
Impact HAZ-3: The project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. (Less than Significant Impact) The closest school to the project site is Mountain View-Los Altos Montessori Children’s Center located approximately 440 feet east of the project site at 2246 West El Camino Real in Mountain View. As discussed under Impact HAZ-2, the project as proposed and in compliance with existing regulations (including Chapter 10.08 of Los Altos Municipal Code), would not result in hazardous materials impacts. For this reason, the project would not significantly impact the nearby preschool. (Less than Significant Impact)
Impact HAZ-4: The project would not be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment. (No Impact)
As discussed in Section 4.9.1.2, the project site is not on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. (No Impact) Impact HAZ-5: The project would not be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. The project would not result in a safety hazard or excessive noise for people residing or working in the project area. (No Impact) As discussed in Section 4.9.1.2 Existing Conditions, the project site is not located within an airport land use plan or within two miles of an airport. Therefore, the proposed project would not result in safety hazard or noise impacts due to airport activities. (No Impact) 223
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Impact HAZ-6: The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. (Less than Significant Impact)
The City of Los Altos has an Emergency Operations Plan (EOP) that outlines the City’s framework for managing a variety of hazards such as natural disasters and human-caused events. The project would be designed in accordance with current building and fire codes and regulations and would not impair implementation of or physically interfere with the EOP, including its operating procedures. In addition, as discussed in Section 4.15 Public Services, while the project would incrementally increase the demand on fire and police protection services, the City would still provide adequate response times for police and fire protection services emergencies, consistent with General Plan Policy OSCCF 6.3. (Less than Significant Impact)
Impact HAZ-7: The project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires. (No Impact)
As discussed under Section 4.9.1.2 Existing Conditions, the project site is not located within a wildland urban interface area or a very high fire hazard severity zone. Therefore, the project would not expose people or structures, either directly or indirectly, to an increased significant risk of loss, injury, or death involving wildland fires. (No Impact)
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4.10 HYDROLOGY AND WATER QUALITY

4.10.1 Environmental Setting

4.10.1.1 Regulatory Framework
Federal and State
The federal Clean Water Act and California’s Porter-Cologne Water Quality Control Act are the primary laws related to water quality in California. Regulations set forth by the Environmental Protection Agency (EPA) and the State Water Resources Control Board (SWRCB) have been developed to fulfill the requirements of this legislation. EPA regulations include the National Pollutant Discharge Elimination System (NPDES) permit program, which controls sources that discharge pollutants into the waters of the United States (e.g., streams, lakes, bays, etc.). These regulations are implemented at the regional level by the Regional Water Quality Control Boards (RWQCBs). The project site is within the jurisdiction of the San Francisco Bay RWQCB.

National Flood Insurance Program
The Federal Emergency Management Agency (FEMA) established the National Flood Insurance Program (NFIP) to reduce impacts of flooding on private and public properties. The program provides subsidized flood insurance to communities that comply with FEMA regulations protecting development in floodplains. As part of the program, FEMA publishes Flood Insurance Rate Maps (FIRMs) that identify Special Flood Hazard Areas (SFHAs). An SFHA is an area that would be inundated by the one-percent annual chance flood, which is also referred to as the base flood or 100- year flood.

Statewide Construction General Permit
The SWRCB has implemented an NPDES General Construction Permit for the State of California (Construction General Permit). For projects disturbing one acre or more of soil, a Notice of Intent (NOI) must be filed with the RWQCB by the project sponsor, and a Storm Water Pollution Prevention Plan (SWPPP) must be prepared by a qualified professional prior to commencement of construction and filed with the RWQCB by the project sponsor. The Construction General Permit includes requirements for training, inspections, record keeping, and, for projects of certain risk levels, monitoring. The general purpose of the requirements is to minimize the discharge of pollutants and to protect beneficial uses and receiving waters from the adverse effects of construction-related storm water discharges.
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California Green Building Standards Code
CALGreen establishes mandatory green building standards for buildings in California. CALGreen was developed to reduce GHG emissions from buildings, promote environmentally responsible and healthier places to live and work, reduce energy and water consumption, and respond to state environmental directives. CALGreen covers five categories: planning and design, energy efficiency, water efficiency and conservation, material and resource efficiency, and indoor environmental quality. For newly constructed projects which disturb less than one acre of land and are not part of a larger development plan, projects would implement control measures to reduce construction stormwater runoff through compliance with local stormwater ordinance, installation of sufficiently sized retention basins on-site, and stormwater filters at the stormwater collection point such as wattle or other method approved by the City.

Regional and Local
San Francisco Bay Basin Plan
The San Francisco Bay RWQCB regulates water quality in accordance with the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan). The Basin Plan lists the beneficial uses that the San Francisco Bay RWQCB has identified for local aquifers, streams, marshes, rivers, and the San Francisco Bay, as well as the water quality objectives and criteria that must be met to protect these uses. The San Francisco Bay RWQCB implements the Basin Plan by issuing and enforcing waste discharge requirements, including permits for nonpoint sources such as the urban runoff discharged by a City’s stormwater drainage system. The Basin Plan also describes watershed management programs and water quality attainment strategies.

Municipal Regional Permit Provision C.3
The San Francisco Bay RWQCB re-issued the MRP in 2015 to regulate stormwater discharges from municipalities and local agencies (co-permittees) in Alameda, Contra Costa, San Mateo, and Santa Clara counties, and the cities of Fairfield, Suisun City, and Vallejo.57 Under Provision C.3 of the MRP, new and redevelopment projects that create or replace 10,000 square feet or more of impervious surface area are required to implement site design, source control, and Low Impact Development (LID)-based stormwater treatment controls to treat post-construction stormwater runoff. LID-based treatment controls are intended to maintain or restore the site’s natural hydrologic functions, maximizing opportunities for infiltration and evapotranspiration, and using stormwater as a resource (e.g. rainwater harvesting for non-potable uses). The MRP also requires that stormwater treatment measures are properly installed, operated, and maintained.

In addition to water quality controls, the MRP requires new development and redevelopment projects that create or replace one acre or more of impervious surface to manage development-related increases in peak runoff flow, volume, and duration, where such hydromodification is likely to cause increased erosion, silt pollutant generation, or other impacts to local rivers, streams, and creeks.

Projects may be deemed exempt from these requirements if they do not meet the minimized size threshold, drain into tidally influenced areas or directly into the Bay, or drain into hardened channels, or if they are infill projects in subwatersheds or catchment areas that are greater than or equal to 65 57 MRP Number CAS612008
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percent impervious. As described in Section 4.9.1.1 Regulatory Framework, Provision C.12f of the MRP requires the co-permittee agencies to implement a control program for PCBs that reduces PCBs loads by a specified amount during the term of the permit, thereby making substantial progress toward achieving the urban runoff PCBs wasteload allocation in the Basin Plan by March 2030.

The Santa Clara Valley Urban Runoff Pollution Prevention Program prepared the Green Stormwater Infrastructure Handbook to support the municipalities’ green infrastructure plans required by MRP. 2021 Groundwater Management Plan
The 2021 Groundwater Management Plan (GWMP) describes the Valley Water’s comprehensive groundwater management framework, including existing and potential actions to achieve basin sustainability goals and ensure continued sustainable groundwater management. The GWMP covers the Santa Clara and Llagas subbasins, which are located entirely in Santa Clara County. Valley Water manages a diverse water supply portfolio, with sources including groundwater, local surface water, imported water, and recycled water. About half of the county’s water supply comes from local sources and the other half comes from imported sources. Imported water includes the District’s State Water Project and Central Valley contract supplies and supplies delivered by the San Francisco Public Utilities Commission (SFPUC) to cities in northern Santa Clara County. Local sources include natural groundwater recharge and surface water supplies. A small portion of the county’s water supply is recycled water.

Local groundwater resources make up the foundation of the county’s water supply, but they need to be augmented by the District’s comprehensive water supply management activities to reliably meet the county’s needs. These include the managed recharge of imported and local surface water and in‐ lieu recharge through the provision of treated surface water, acquisition of supplemental water supplies, and water conservation and recycling.58
Construction Dewatering Waste Discharge Requirements
Each of the RWQCBs regulate construction dewatering discharges to storm drains or surface waters within its region under the NPDES program and Waste Discharge Requirements.

Los Altos General Plan
The following policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating impacts on hydrology and water quality and are applicable to the project:

Policy Description
IWD 3.1 Control surface runoff water discharges into the stormwater system to comply with the National Pollutant Discharge Elimination System Permit and the receiving water limitations assigned by the California Regional Water Quality Control Board.

IWD 3.3 Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment and where feasible maximize on-site infiltration of storm water runoff.
58 Valley Water. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins. November 2021. 227
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Policy Description
IWD 3.4 Implement pollution prevention methods supplemented by pollutant source controls and treatment. Use small collection strategies located at, or as close as possible to the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite.

Los Altos Municipal Code
The City’s Municipal Code Chapter 10.16 requires new development to implement permanent stormwater pollution prevention measures, including source control requirements, site design and treatment requirements and prevention consistent with the requirements of the RWQCB.

4.10.1.2 Existing Conditions
The project site is predominantly covered by impervious surfaces (building and paved areas).

Pervious areas on-site consist of landscaping located in parking lot planters and along the site frontage and perimeter. The project site has 30,498 square feet (sf) of impervious surfaces (approximately 80 percent of the site).
59 Hydrology and Drainage
Four creeks are located within the City of Los Altos, including Adobe Creek, Stevens Creek, Permanente Creek, and Hale Creek. The closest creek to the project site is Permanente Creek, located approximately 0.7 miles east of the site. The project site is located in the Adobe drainage basin, an approximately 1.8 square mile area which drains to Adobe Creek via a network of connecting stormwater pipes.60
Stormwater from the project site is collected by on-site storm drain inlets and conveyed to the existing 12-inch reinforced concrete pipe storm drain line in Distel Circle. Stormwater is then conveyed north through the City’s drainage system and discharged, untreated, into Adobe Creek.

Adobe Creek flows to the San Francisco Bay.

Groundwater
The project site is located in the Santa Clara Plain groundwater subbasin. Groundwater is likely present at the project site at depths of approximately 31 feet to 36 feet bgs. Water levels on-site may vary depending on seasonal precipitation, irrigation practices, and other climate conditions.

Flooding
The project site is not located in a 100-year floodplain, according to FEMA Flood Insurance Rate Maps for Santa Clara County.61 The project site is located in a Flood Zone X.62 Zone X is designated 59 Barker, Ryan. Project Engineer, BKF Engineers. Personal Correspondence. April, 7, 2022. 60 City of Los Altos. Stormwater Master Plan. Figure 1-1: City of Los Altos Drainage Areas. April 2016. 61 Federal Emergency Management Agency. Flood Insurance Rate Map: Santa Clara County Panel 38 of 830. Map Number 06085C0038H. May 18, 2009. 62 Ibid.
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as areas of 0.2 percent annual chance flood, areas of one percent annual chance flood with average depths of less than one foot or with drainage areas of less than one square mile, and areas protected by levees from one percent annual chance floods.63
Seiches, Tsunamis, and Mudflows
A seiche is defined as a standing wave generated by rapid displacement of water within an enclosed body of water (such as a reservoir, lake, or bay) due to an earthquake that triggers land movement within the water body or land sliding into or beneath the water body. There are no landlocked bodies of water near the project site that would affect the site in the event of a seiche.

A tsunami is a large tidal wave caused by an underwater earthquake or volcanic eruption. Tsunamis affecting the Bay Area can result from offshore earthquakes within the Bay Area. Tsunami inundation maps for Santa Clara County show that the project site is not within a tsunami inundation area.64
A mudflow is the rapid movement of a large mass of mud formed from loose soil and water. The project area is flat and there are no hillsides in proximity that would affect the site in the event of a mudflow.

4.10.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
2) Substantially decrease groundwater supplies or
interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
3) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river or
through the addition of impervious surfaces, in
a manner which would:
- result in substantial erosion or siltation onor off-site; 63 Federal Emergency Management Agency. Flood Insurance Rate Map Number 06085C0038H. May 18, 2009.

Accessed March 9, 2022. 64 California Geological Survey. Santa Clara County Tsunami Inundation Maps. Accessed March 9, 2022. https://www.conservation.ca.gov/cgs/tsunami/maps/santa-clara. 229
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Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
- substantially increase the rate or amount
of surface runoff in a manner which would
result in flooding on- or off-site;
- create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff; or
- impede or redirect flood flows?
4) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
5) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
Impact HYD-1: The project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. (Less than Significant Impact)
Construction Impacts
Construction activities, such as grading and excavation, have the potential to result in temporary impacts to surface water quality in adjacent waterways. When disturbance to the soil occurs, sediments may be dislodged and discharged into the storm drainage system when surface runoff flows across the site. The proposed project would disturb approximately 0.87 acres, which is below the one-acre threshold requiring compliance with the NPDES Construction General Permit. As such, the project would be subject to CALGreen requirements which require projects that disturb less than one acre to implement control measures to reduce construction stormwater. (Less than Significant Impact)
Post-Construction Impacts
The project would add or replace more than 10,000 square feet of impervious surface area, and would therefore require conformance with Provision C.3 of the MRP. To comply with Provision C.3, the project includes landscaping and the treatment control measures (i.e., bioretention areas, permeable paving, and storm drain treatment unit) to reduce the rates, volumes, and pollutant loads of runoff from the project. Therefore, the project would have a less than significant impact on postconstruction water quality. (Less than Significant Impact) 230
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Impact HYD-2: The project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. (Less than Significant Impact)
Groundwater has been encountered at approximate depths of 31 to 36 feet bgs. Development of the proposed project would include excavation to construct below-grade parking, as well as trenching for new utility connections. Project-related grading and excavation, which would extend eight feet below-grade, would not encounter the water table. As such, the project would not require dewatering during construction or operation.

The project would rely on existing sources of water and the City’s existing water delivery system.

Although the project would increase the demand for water within the City, this increase would not result in a substantial depletion of aquifers relied upon for local water supplies (see discussion under Impact UTL-2 in Section 4.19 Utilities and Service Systems). The project site is not located within or adjacent to any groundwater recharge facilities used by Valley Water. 65 Implementation of the
project would increase the amount of pervious surfaces on-site compared to existing conditions, thereby, increasing the amount of rainfall infiltration on-site. For these reasons, the project would not substantially deplete groundwater supply or interfere with groundwater recharge. (Less than Significant Impact)
Impact HYD-3: The project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or impede or redirect flood flows. (Less than Significant Impact)
There are no waterways on-site. As discussed under Section 4.10.1.2 Existing Conditions, the project site is mostly impervious. The project would reduce the amount of impervious surface area on the site by 1,473 sf (or approximately 4 percent) from 30,495 to 29,022 sf.66,67 The project would include site design and post-construction treatment control measures in compliance with the MRP (as previously discussed under Impact HYD-1) and the City’s permanent stormwater control standards (Municipal Code Section 10.16).

The project would reduce runoff volumes compared to existing conditions; therefore, it is concluded that the project would not result in off-site flooding and the existing public storm drain system would continue to have capacity to treat runoff from the site. According to Figure 1-2: City of Los Altos Drainage Issues located in the City’s Stormwater Master Plan, the nearest Problem Spot is 65 Valley Water. 2021 Groundwater Management Plan. Figure 1-3. 2016. Accessed November 29, 2021. https://www.valleywater.org/your-water/where-your-water-comes/groundwater/sustainable. 66 Barker, Ryan. Project Engineer, BKF Engineers. Personal Correspondence. April 7, 2022. 67 Barker, Ryan. Project Engineer, BKF Engineers. Personal Correspondence. July 6, 2022. 231
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approximately 0.24 miles south of the project site and located up flow of the project site.68 Therefore the project would not increase the amount of surface runoff from the site nor exceed the capacity of existing or planned stormwater drainage systems.

Based on the above discussion, the project would not substantially alter the drainage pattern of the site or area. (Less than Significant Impact)
Impact HYD-4: The project would not risk release of pollutants due to project inundation in flood hazard, tsunami, or seiche zones. (Less than Significant Impact) As discussed under Impact HAZ-1 in Section 4.9 Hazards and Hazardous Materials, no hazardous materials besides limited amounts of cleaning supplies, maintenance chemicals, and herbicides and pesticides for landscape maintenance would be routinely stored or used by the project. As discussed in Section 4.10.1.2, the project site is within Flood Zone X, where there is a 0.2 percent annual chance of flooding. Due to the project site’s inland location and distance from large bodies of water (i.e., the San Francisco Bay), it is not subject to seiche or tsunami hazards.

Additionally, the project would be required to comply with Provision C.3 of the MRP requirements to reduce the impacts of stormwater runoff on post-construction water quality (refer to Impact HYD1. For these reasons, the project would result in a less than significant risk for releasing pollutants due to inundation. (Less than Significant Impact)
Impact HYD-5: The project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. (Less than Significant Impact)
San Francisco Bay Basin Plan
As discussed under Impact HYD-1, the project would comply with Provision C.3 of the MRP. Thus, the project would not conflict with or obstruct implementation of the San Francisco Bay Basin Plan. 2021 Groundwater Management Plan
As discussed in 4.10.1.2 , the project site is within the Santa Clara Plain groundwater subbasin, and this subbasin has not been identified in the GMP as being overdrafted. Implementation of the project would not interfere with any actions set forth by Valley Water in its GMP in regards to groundwater recharge, transport of groundwater, and/or groundwater quality. In addition, as discussed under Impact HYD-2, the project would not substantially decrease groundwater supplies or substantially interfere with groundwater recharge. (Less than Significant Impact) 68City of Los Altos. Stormwater Master Plan. Figure Page 1-4. https://www.losaltosca.gov/sites/default/files/fileattachments/public_works/page/31841/swmp_4.27.16.pdf 232
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4.11 LAND USE AND PLANNING

4.11.1 Environmental Setting

4.11.1.1 Regulatory Framework
Local
Los Altos General Plan
The following policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating land use impacts and are applicable to the proposed project:

Policy Description
LU 4.6 Continue to review development proposals to ensure a balance between development rights and impact on surrounding residential neighborhoods.

Los Altos Municipal Code
Title 14 of the Municipal Code contains the Zoning Code, where standards for growth and development in the City are codified. The Zoning Code is the primary tool for implementing the policies of the General Plan and addressing physical development standards and criteria for the City.

Government Code Section 65860 requires municipalities to maintain consistency between their zoning ordinance and their adopted General Plan. One of the purposes of zoning is to implement the land use designations set forth in the General Plan. Although the two are distinct documents, the Los Altos General Plan and Zoning Code are closely related, and state law mandates that zoning regulations be consistent with the General Plan maps and policies.

4.11.1.2 Existing Conditions
As described in Section 2.6 General Plan Designation and Zoning District, the General Plan designation for the project site is Thoroughfare Commercial. This designation provides for retail, service and office uses that typically rely on automobile traffic and attract customers from a citywide and/or regional trade area. The City allows commercial mixed-use with housing or residential-only development within this land use designation.69 High-density residential land uses that provide affordable housing are also encouraged within this designation.

The project site is zoned CT (Commercial Thoroughfare). Specific purposes of the CT District include encouraging a variety of residential developments (including affordable housing), promoting the economic and commercial success of Los Altos, buffering the impacts of commercial and multifamily land uses on neighboring residential properties, and allowing for mixed uses of commercial and residential. Multiple-family housing and single-room occupancy housing projects are conditional uses in this district. The maximum permitted residential density in the CT District is 38 du/ac. 69 City of Los Altos. 2015-2023 Housing Element. May 26, 2015. Accessed November 29, 2021. https://www.losaltosca.gov/sites/default/files/fileattachments/community_development/page/73841/2015- 2023_los_altos_housing_element_final.pdf.
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The project site is currently developed with an office building and associated improvements.

Surrounding land uses include office uses to the east and west, a commercial fast-food restaurant followed by El Camino Real to the north, and a medical office building to the southwest of the site.

4.11.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Physically divide an established community?
2) Cause a significant environmental impact due
to a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding
or mitigating an environmental effect?
Impact LU-1: The project would not physically divide an established community. (Less than Significant Impact)
A physical division of an established community typically refers to the construction of a physical feature (such as a wall, roadway, or railroad tracks) or the removal of a means of access (such as a local roadway or bridge) that would impair mobility within an existing community or between communities.

The project would redevelop site with a residential use. The project would not construct physical features or close an existing street that would impair mobility. For these reasons, the project would not physically divide an established community. (Less than Significant Impact) Impact LU-2: The project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. (Less than Significant Impact)
The proposed residential use is allowed under the existing Thoroughfare Commercial General Plan land use designation and CT zoning. As described in Section 3.0 Project Description, the project would utilize the State Density Bonus Law and the City’s Affordable Housing Ordinance to exceed the allowed density and maximum building height.

With the exception of the requested incentives for increased density and building height, which are permitted per the State Density Bonus Law and the City’s Affordable Housing Ordinance, the project would meet all required site standards, including setbacks and buffer zones between adjacent land uses. The City of Los Altos’ design review process for Multiple-Family Residential developments 234
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would ensure that the final design and site layout of the project is consistent with all applicable design findings and CT District specific design controls.

In addition, the project would be designed to comply with the City’s noise regulations, as described in Section 4.13, Noise and Vibration. For the reasons discussed above, implementation of the proposed project would be consistent with established land use plans, policies, and regulations. (Less than Significant Impact)
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4.12 MINERAL RESOURCES

4.12.1 Environmental Setting

4.12.1.1 Regulatory Framework
State
Surface Mining and Reclamation Act
The Surface Mining and Reclamation Act (SMARA) was enacted by the California legislature in 1975 to address the need for a continuing supply of mineral resources, and to prevent or minimize the negative impacts of surface mining to public health, property, and the environment. As mandated under SMARA, the State Geologist has designated mineral land classifications in order to help identify and protect mineral resources in areas within the state subject to urban expansion or other irreversible land uses which would preclude mineral extraction. SMARA also allowed the State Mining and Geology Board (SMGB), after receiving classification information from the State Geologist, to designate lands containing mineral deposits of regional or statewide significance.

4.12.1.2 Existing Conditions
The City of Los Altos exists on the very deep alluvial soils in the Santa Clara Valley formed from erosion of the nearby Santa Cruz Mountains to the west. As a result of this process, the topography of the project area is relatively flat and there are no significant mineral resources within the City of Los Alto Planning Area.70

4.12.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
2) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan, or other land use plan?
70 City of Los Altos. Los Alto General Plan 2020 Initial/Mitigated Negative Declaration. November 2002. Page 32. 236
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Impact MIN-1: The project would not result in the loss of availability of a known mineral resource that would be of value to the region and residents of the state. (No Impact)
As discussed in Section 4.12.1.2 Existing Conditions, there are no mineral resources on the project site. Therefore, development of the project would not result in the loss of availability of a mineral resource. (No Impact)
Impact MIN-2: The project would not result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. (No Impact)
There are no identified mineral resource recovery sites located on-site. Therefore, the project would not result in the loss of a locally important mineral resource recovery site. (No Impact) 237
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4.13 NOISE
The following discussion is based on a Noise and Vibration Assessment completed by Illingworth & Rodkin, Inc. The report dated May 10, 2022, is attached as Appendix E.

4.13.1 Environmental Setting

4.13.1.1 Background Information
Noise
Factors that influence sound as it is perceived by the human ear, include the actual level of sound, period of exposure, frequencies involved, and fluctuation in the noise level during exposure. Noise is measured on a decibel scale, which serves as an index of loudness. The zero on the decibel scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Each 10 decibel increase in sound level is perceived as approximately a doubling of loudness. Because the human ear cannot hear all pitches or frequencies, sound levels are frequently adjusted or weighted to correspond to human hearing. This adjusted unit is known as the A-weighted decibel, or dBA.

Since excessive noise levels can adversely affect human activities and human health, federal, state, and local governmental agencies have set forth criteria or planning goals to minimize or avoid these effects. Noise guidelines are generally expressed using one of several noise averaging methods, including Leq, DNL, or CNEL.71 These descriptors are used to measure a location’s overall noise exposure, given that there are times when noise levels are higher (e.g., when a jet is taking off from an airport or when a leaf blower is operating) and times when noise levels are lower (e.g., during lulls in traffic flows on freeways or in the middle of the night). Lmax is the maximum A-weighted noise level during a measurement period.

Vibration
Ground vibration consists of rapidly fluctuating motions or waves with an average motion of zero.

Vibration amplitude can be quantified using Peak Particle Velocity (PPV), which is defined as the maximum instantaneous positive or negative peak of the vibration wave. PPV has been routinely used to measure and assess ground-borne construction vibration. Studies have shown that the threshold of perception for average persons is in the range of 0.008 to 0.012 inches/second (in/sec) PPV.
71 Leq is a measurement of average energy level intensity of noise over a given period of time. Day-Night Level (DNL) is a 24-hour average of noise levels, with a 10 dB penalty applied to noise occurring between 10:00 PM and 7:00 AM. Community Noise Equivalent Level (CNEL) includes an additional five dB applied to noise occurring between 7:00 PM and 10:00 PM. Where traffic noise predominates, the CNEL and DNL are typically within two dBA of the peak-hour Leq.
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4.13.1.2 Regulatory Framework
State and Local
California Building Standards Code
The CBC establishes uniform minimum noise insulation performance standards to protect persons within new buildings housing people, including hotels, motels, dormitories, apartments, and dwellings other than single-family residences. Title 24 mandates that interior noise levels attributable to exterior sources not exceed 45 Ldn/CNEL in any habitable room. Exterior windows must have a minimum Sound Transmission Class (STC) of 40 or Outdoor-Indoor Transmission Class (OITC) of 30 when the property falls within the 65 dBA DNL noise contour for a freeway or expressway, railroad, or industrial source.

Los Altos General Plan
The following policies in the City’s General Plan have been adopted for the purposes of reducing or avoiding impacts related to noise, and are applicable to the project.

Policy Description
NEH 7.2 Enforce the following maximum acceptable noise levels for new construction of various noise-sensitive uses in an existing noise environment.
• 60 dBA CNEL is the maximum acceptable outdoor noise exposure level for single-family residential areas.
• 65 dBA CNEL is the maximum acceptable outdoor noise exposure level for multiple-family residential areas.
• 70 dBA CNEL is the maximum acceptable outdoor noise exposure level for schools (public and private), libraries, churches, hospitals, nursing homes, parks, commercial, and recreation areas. Excepted from these standards are golf courses, stables, water recreation, and cemeteries.

NEH 7.3 Work to achieve indoor noise levels not exceeding 45 dBA CNEL in the event that outdoor acceptable noise exposure levels cannot be achieved by various noise attenuation mitigation measures.

NEH 7.5 Require reasonable mitigation measures to reduce noise levels to those determined to be acceptable in the event that significant increased noise levels will result from an improvement to the circulation system.

NEH 7.9 Minimize stationary noise sources and noise emanating from construction activities.

Los Altos Municipal Code
Chapter 6.16 of the City’s Municipal Code contains standards and regulations to control unnecessary, excessive, and annoying noise and vibration within the City. Specifically, Section

6.16.50 of the Los Altos Municipal Code establishes exterior noise limits for various zoning districts, as shown in Table 4.13-1.
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Table 4.13-1: Exterior Noise Limits
Receiving Land Use Category Time Period Noise Level (dBA)1 All R1 Zoning Districts 10:00 p.m. – 7:00 a.m.
7:00 a.m. – 10:00 p.m.
45 55
All R3 Zoning Districts 10:00 p.m. – 7:00 a.m.
7:00 a.m. – 10:00 p.m.
50 55
All OA Zoning Districts 10:00 p.m. – 7:00 a.m.
7:00 a.m. – 10:00 p.m.
55 60
All C Zoning Districts 10:00 p.m. – 7:00 a.m.
7:00 a.m. – 10:00 p.m.
60 65
Notes:
1 Levels not to be exceeded more than 30 minutes in any hour The Municipal Code prohibits the production of noise on one property that would (i) exceed the noise standard on any other property for a cumulative period of more than thirty minutes in any hour; (ii) exceed the noise standard plus five dB on any other property for a cumulative period of more than fifteen minutes in any hour; (iii) exceed the noise standard plus 10 dB on any other property for a cumulative period of more than five minutes in any hour; (iv) exceed the noise standard plus 15 dB on any other property for a cumulative period of more than one minute in any hour; or (vi) exceed the noise standard plus 20 dB or the maximum measured ambient on any other property for any period of time.

The City’s Municipal Code states that if the measured ambient level exceeds the maximum permissible noise level within any of the first four noise limit categories, the allowable noise exposure standard shall be increased in five dB increments in each category as appropriate to encompass or reflect such ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. If the noise measurement occurs on a property adjacent to a zone boundary, the noise level limit applicable to the lower noise zone, plus five dB is the applicable noise limit.

To ensure that unnecessary or excessive noise disturbances from specific activities and equipment are avoided, the Noise Control Ordinance sets noise thresholds for musical instruments, loudspeakers, loading and unloading, construction and demolition, and air-conditioning equipment (Section

6.16.070). Exceeding those thresholds is considered a prohibited act and would constitute a violation of the Ordinance.

4.13.1.3 Existing Conditions
The primary noise sources in the project vicinity include vehicular traffic along El Camino Real and Distel Circle and associated with nearby parking and occasional aircraft flyovers.

The project site is currently developed with an office building and associated improvements.

Surrounding land uses include office uses to the east and west, a commercial fast-food restaurant 240
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followed by El Camino Real to the north, and a medical office building to the southwest of the site.

Additionally, residential uses are located southwest and north (on the north side of El Camino Real) of the site.

The existing noise environment was quantified through three short-term noise measurements (ST-1, ST-2, ST-3) and five long-term measurements (LT-1 and LT-2) taken on March 22, 2022 and March 24, 2022. Noise measurement locations and a summary of the noise measurements are shown on Figure 4.13-1.

Typical hourly average noise levels at the project site and adjacent parcels ranged from 46 to 65 dBA Leq during the day and from 43 to 60 dBA Leq at night.
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Marich Way
Distel Circle
Distel Drive
Marich Way
El Camino Real
El Camino Real
Distel Circle
Distel Drive
82 ST-2
LT-1
LT-2
ST-1
ST-3
Aerial Source: Google Earth Pro, Jan. 7, 2022. Photo Date: Sep. 2020 0 50 200 300 400 Feet
Project Boundary
LT-# Long-Term Noise Measurement Location
ST-# Short-Term Noise Measurement Location
NOISE MEASUREMENT LOCATIONS FIGURE 4.13-1
City of Los Altos330 Distel Circle Residential Project 113 Initial Study July 2022
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4.13.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project result in:
1) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of
standards established in the local general plan
or noise ordinance, or applicable standards of
other agencies?
2) Generation of excessive groundborne vibration
or groundborne noise levels?
3) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project expose people
residing or working in the project area to
excessive noise levels?
A significant impact would be identified if project construction or operations would result in a substantial temporary or permanent increase in ambient noise levels at sensitive receivers in excess of the local noise standards contained in the Los Altos General Plan or Municipal Code, as follows:
• Operational Noise in Excess of Standards. A significant noise impact would be identified if the project would expose persons to or generate noise levels that would exceed applicable noise standards presented in the General Plan or Municipal Code. The City of Los Altos limits sound levels generated by air-conditioning or air-handling equipment to 50 dBA at residential property lines. Other operational noise sources, such as vehicle trips and circulation, are limited to the levels specified in Table 4.13-2. • Permanent Noise Increase. A significant impact would be identified if traffic generated by the project would substantially increase noise levels at sensitive receivers in the vicinity. A substantial increase would occur if: a) the noise level increase is five dBA Ldn or greater, with a future noise level of less than 60 dBA Ldn, or b) the noise level increase is three dBA Ldn or greater, with a future noise level of 60 dBA Ldn or greater. • Temporary Noise Increase. A significant temporary noise impact would be identified if construction would occur outside of the hours specified in the Municipal Code or if construction noise levels were to exceed the City’s construction noise limits at adjacent noise sensitive land uses. Construction occurring during allowable hours is limited to 75 dBA in single-family residential areas (all R1 Zoning Districts), 80 dBA in multi-family residential areas (all R3 Zoning Districts), and 85 dBA in commercial areas (all OA and C Zoning Districts).
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The City of Los Altos does not specify a construction vibration limit. For structural damage, Caltrans recommends a vibration limit of 0.5 in/sec PPV for new residential and modern commercial/industrial structures, 0.3 in/sec PPV for older residential structures, and a limit of 0.25 in/sec PPV for historic and some old buildings. The 0.3 in/sec PPV vibration limit would be applicable to properties in the vicinity of the project site.

Impact NOI-1: The project would not result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. (Less than Significant Impact) Temporary Construction Noise
Noise impacts resulting from construction depend upon the noise generated by various pieces of construction equipment, the timing and duration of noise-generating activities, and the distance between construction noise sources and noise-sensitive areas. Construction noise impacts primarily result when construction activities occur during noise-sensitive times of the day (e.g., early morning, evening, or nighttime hours), the construction occurs in areas immediately adjoining noise-sensitive land uses, or when construction lasts over extended periods of time.

Construction activities generate considerable amounts of noise, especially during earth-moving activities when heavy equipment is used. During each stage of construction, there would be a different mix of equipment operating, and noise levels would vary by stage and vary within stages, based on the amount of equipment in operation and the location at which the equipment is operating.

Most demolition and construction noise falls within the range of 77 to 90 dBA at a distance of 50 feet from the source.

Construction of the project is planned to occur between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, over a period of 20 months. A detailed list of equipment expected to be used during each phase of construction was provided by the applicant. The Federal Highway Administration (FHWA)’s Roadway Construction Noise Model (RCNM) was used to calculate the hourly average noise levels for each phase of construction, assuming the two loudest pieces of construction equipment would operate simultaneously. Table 4.13-2 shows the calculated construction noise levels at the nearest property lines from operation of the two loudest pieces of construction equipment. Construction noise levels would be anticipated to exceed the single-family residential limit of 75 dBA when there is heavy construction activity within about 140 feet of the residential property to the southwest, and would not exceed the commercial limit of 85 dBA. 244
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Table 4.13-2: Calculated Construction Noise Levels at Nearest Property Lines Phase
Calculated Hourly Average Leq (dBA)
Noise Level
at 50 feet
Northwest
Commercial
(60 feet)
Northeast
Commercial
(60 feet)
Southeast
Commercial
(170 ft)
Southwest
Residential
(60 feet)
Demolition 85 83 83 74 83
Site Preparation 84 82 82 73 82
Grading/
Excavation 86 84 84 75 84
Trenching/
Foundation 82 80 80 71 80
Building
Exterior 82 80 80 71 80
Building
Interior/
Architectural
Coating
77 75 75 66 75
Paving 83 81 81 72 81
Notes:
*Denotes two loudest pieces of construction equipment per phase The project would include the following standard measures identified in Section 3.1.5.1 Construction Measures to reduce temporary construction noise:
• Limit construction activities to the hours between 7:00 a.m. and 5:30 p.m., Monday through Friday, and on Saturdays between 9:00 a.m. and 3:00 p.m., in accordance with the City’s Municipal Code. Prohibit construction on Sundays and holidays unless permission is granted with a development permit or other planning approval.
• Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. • Strictly prohibit unnecessary idling of internal combustion engines. • Locate stationary noise-generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors., Use adequate muffling (with enclosures where feasible and appropriate) to reduce noise levels at the adjacent sensitive receptors if noise-generating equipment must be located near receptors. Face enclosure openings or venting away from sensitive receptors.
• Utilize “quiet” air compressors and other stationary noise sources where technology exists. • Erect a temporary noise barrier along the northeast and southeast property lines of the residence at 311 Marich Way. Design the barrier to achieve a minimum nine-dBA of noise reduction for ground level activities and five-dBA of noise reduction from upper-level activities in order to reduce construction noise levels in the rear yard to 75 dBA Leq or less. 245
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• Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site.
• The contractor shall prepare a detailed construction plan identifying the schedule for major noise-generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance.
• Designate a “disturbance coordinator” who would be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and implement reasonable measures to correct the problem. The telephone number for the disturbance coordinator at the construction site shall be conspicuously posted and include the notice sent to neighbors regarding the construction schedule.

The above proposed measures, which are typically implemented by development projects, would reduce temporary construction noise levels to less than significant by using best available noise suppression devices and techniques. (Less than Significant Impact) Permanent Operational Noise
Project-Generated Traffic
A significant impact from project generated traffic would result if project generated traffic were to result in a permanent noise level increase of five dBA CNEL or greater in a residential area where the resulting in a noise environment would continue to be 60 dBA CNEL or less.

A permanent noise level increase of three dBA CNEL would be expected if a project would double existing traffic volumes along a roadway. Based on a review of the Transportation Analysis prepared for the project (refer to Appendix F), the project would not double existing traffic volumes, and at most would result in a noise level increase of 0.2 dBA CNEL. Since operation of the project would not result in a permanent five dBA DNL increase in ambient noise levels, the project would not substantially increase ambient noise levels. (Less than Significant Impact) Parking
As discussed in Section 3.1.2 Site Access and Parking, the project would utilize mechanical parking lifts to stack up to three cars per stall. Based on noise measurements collected for a similar parking lift system, average sound level for an operational cycle are estimated to be 63 to 66 dBA Leq with a maximum instantaneous noise level of 74 to 76 dBA Lmax occurring when the upper lift came to rest at the lower position.

Based on the noise data collected during the operation of similar mechanical lifts, the nearest singlefamily residential receptor to the southwest would be exposed to average sound levels of 39 dBA Leq assuming up to 20-minutes of mechanical lift noise per hour, and maximum sound levels up to 54 dBA Lmax. These noise levels would be audible, but would not exceed the City of Los Altos standards for average or maximum noise level events. (Less than Significant Impact) Mechanical Equipment
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The project would include mechanical equipment, such as heating, ventilation, and air conditioning systems (HVAC). Based on the project plans, solar panels and air conditioning equipment (air-cooled condensing units) would be located on the southwestern side of the rooftop, about 120 feet from the nearest residential land use to the southwest. Typical residential air-cooled condensing units generate noise levels ranging from 50 to 60 dBA at 50 feet from the equipment, depending on the equipment selected. Noise from the rooftop equipment located is calculated to generate noise levels of up to 39 to 49 dBA Leq at the closest residential property line and nearest residential building. The projected noise levels are calculated to be below the property line limit but could exceed the limit at the nearest residential building façade by up to four dBA. Consistent with General Plan Policy 7.3 in the Natural Environment and Hazards Element, the project would be required to implement the following • Prior to the issuance of building permits, air conditioning or air handling equipment would be selected and/or designed to reduce noise levels on adjacent residences to meet the City’s requirements. The project applicant would retain a qualified acoustical consultant to review the selected equipment to determine it would comply with the City’s 45 dBA Leq residential noise limit at the nearest residential building. Noise reduction measures, if required, would include but are not limited to selection of quieter equipment and/or installation of noise barriers such as roof screens.

Implementation of the above City requirement would ensure that the project’s mechanical equipment is selected to comply with the City’s 45 dBA Leq residential noise limit at the nearest residential building. (Less than Significant Impact)
Overall Operational Noise
The overall increase in noise levels attributable to the project would result primarily from vehicles in the parking garage and mechanical equipment noise sources. Operational noise levels from the parking lifts are calculated to reach 46 dBA CNEL, and operational noise levels from the mechanical equipment are assumed to be maintained at 45 dBA CNEL or less. The overall project generated noise level would be 49 dBA CNEL. When added to the existing CNEL measured as part of the noise survey (53 dBA CNEL), the noise environment at the nearest sensitive receptor is calculated to increase by up to one dBA CNEL. The increase in the CNEL noise level would not be detectable and would be below the five dBA CNEL threshold that defines a substantial permanent noise increase. (Less than Significant Impact)
Impact NOI-2: The project would not result in generation of excessive groundborne vibration or groundborne noise levels. (Less than Significant Impact) The construction of the project may generate perceptible vibration when heavy equipment or impact tools (e.g., jackhammers, hoe rams) are used in the vicinity of nearby sensitive land uses.

Construction activities would include demolition, site preparation, grading and excavation, trenching and foundation, building (exterior), interior/ architectural coating, and paving. Pile driving is proposed.

Based on typical vibration levels from construction equipment, project construction-related vibration levels would not exceed 0.3 in/sec PPV at the nearest structures. Project construction vibration levels, 247
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therefore, would not be excessive and cause cosmetic damage to buildings. (Less than Significant Impact)
Impact NOI-3: The project would not be located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. The project would not expose people residing or working in the project area to excessive noise levels. (No Impact)
The project is not located within two miles of a public airport or in the vicinity of a private airstrip and, therefore, would not expose people residing or working in the project area to excessive aircraft noise levels. (No Impact)

4.13.3 Non-CEQA Effects
Per California Building Industry Association v. Bay Area Air Quality Management District, 62 Cal. 4th 369 (BIA v. BAAQMD), effects of the environment on the project are not considered CEQA impacts. The following discussion is included for informational purposes only because the City has policies (including General Plan Policies NEH 7.2 and 7.3 identified in Section 4.13.1.2 Regulatory Framework) that address existing noise conditions affecting a proposed project.

Future Exterior Noise Environment
The proposed building would face Distel Circle. The primary outdoor use area is a courtyard located on the second story on the rear side (south side) of the building, enclosed by four residential levels on the north, east, and south sides. The acoustical shielding provided by the building would reduce the noise level in the courtyard to 55 dBA CNEL or less in the common outdoor use area, which is below the City’s maximum acceptable outdoor noise exposure level for multiple-family residential areas.

The project also includes private balconies, however, private balconies are excluded from the City’s exterior noise assessment.

Future Interior Noise Environment
General Plan Policy NEH 7.3 and CBC requires indoor levels not exceed 45 dBA CNEL. Interior noise levels would vary depending upon the design of the buildings and the selected construction materials and methods. Standard residential construction provides approximately 15 dBA of exteriorto-interior noise reduction, assuming the windows are partially open for ventilation. Standard construction with the windows closed provides approximately 20 to 25 dBA of noise reduction in interior spaces.

Conditions of Approval:
• Provide a suitable form of forced-air mechanical ventilation, as determined by the local building official, for all residential units so that windows can be closed at the discretion of the occupants to control environmental noise.
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• During final project design, the project applicant would retain a qualified acoustical specialist to prepare a detailed acoustical design review confirming that the design would result in interior noise levels at or below 45 dBA CNEL in all habitable rooms in the residential units.

Implementation of the above Condition of Approval would ensure that interior noise levels are reduced to acceptable levels by allowing for closing the windows to control noise. Depending on exterior noise levels, a combination of forced-air mechanical ventilation and sound-rated windows and doors may be required to meet interior noise levels. 249
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4.14 POPULATION AND HOUSING

4.14.1 Environmental Setting

4.14.1.1 Regulatory Framework
State
Housing-Element Law
State requirements mandating that housing be included as an element of each jurisdiction’s general plan is known as housing-element law. The Regional Housing Need Allocation (RHNA) is the statemandated process to identify the total number of housing units (by affordability level) that each jurisdiction must accommodate in its housing element. California housing-element law requires cities to: 1) zone adequate lands to accommodate its RHNA; 2) produce an inventory of sites that can accommodate its share of the RHNA; 3) identify governmental and non-governmental constraints to residential development; 4) develop strategies and a work plan to mitigate or eliminate those constraints; and 5) adopt a housing element and update it on a regular basis.72 The City of Los Altos Housing Element and related land use policies were last updated on May 26, 2015.

Regional and Local
Plan Bay Area 2050
Plan Bay Area 2050 is a long-range plan for the nine-county San Francisco Bay Area that provides strategies that increase the availability of affordable housing, support a more equitable and efficient economy, improve the transportation network, and enhance the region’s environmental resilience.

Plan Bay Area 2050 promotes the development of a variety of housing types and densities within identified Priority Development Areas (PDAs). PDAs are areas generally near existing job centers or frequent transit that are locally identified for housing and job growth.73 ABAG allocates regional housing needs to each city and county within the San Francisco Bay Area, based on statewide goals. These allocations are designed to lay the foundation for Plan Bay Area 2050’s long-term envisioned growth pattern for the region. ABAG also develops a series of forecasts and models to project the growth of population, housing units, and jobs in the Bay Area. ABAG, MTC, and local jurisdiction planning staff created the Forecasting and Modeling Report, which is a technical overview of the of the growth forecasts and land use models upon which Plan Bay Area 2050 is based.
72 California Department of Housing and Community Development. “Regional Housing Needs Allocation and Housing Elements” Accessed November 29, 2021. http://hcd.ca.gov/community-development/housingelement/index.shtml. 73 Association of Bay Area Governments and Metropolitan Transportation Commission. Plan Bay Area 2050.

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4.14.1.2 Existing Conditions
As of January 2021, the City of Los Altos had a total population of approximately 30,510 residents.74 In 2040 it is estimated that the City will have approximately 32,800 residents.75 The project site is currently used as an office building and provides no housing.

4.14.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Induce substantial unplanned population
growth in an area, either directly (for example,
by proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
2) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
Impact POP-1: The project would not induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). (Less than Significant Impact)
A project can induce substantial population growth by proposing new housing beyond projected or planned development levels, generating demand for housing as a result of new businesses, extending roads or other infrastructure to previously undeveloped areas, or removing obstacles to population growth (e.g., expanding capacity of a wastewater treatment plant beyond that necessary to serve planned growth).

The project proposes 90 residential units. Assuming the City average household size of 2.72 people per dwelling unit, the proposed project would increase the local population by approximately 245 persons.76 The project is consistent with the site’s General Plan designation, which allows for highdensity residential land uses like the proposed project. For this reason, the project would not result in unplanned residential development in the City. Further, the project would be adequately served by existing infrastructure and would not extend roads or other infrastructure. For these reasons, the 74 State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State — January 1, 2011-2021. Sacramento, California, May 2021. Accessed November 29, 2021. https://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-5/. 75 City of Los Altos. City of Los Altos 2015-2023 Housing Element. May 26, 2015. 76 90 units multiplied by an average of 2.72 persons per household in Los Altos (source: State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State — January 1, 2011-2020. Sacramento, California, May 2021.) = 245.
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project would not directly or indirectly induce substantial unplanned growth in the area. (Less than Significant Impact)
Impact POP-2: The project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. (No Impact)
There are no housing units or residences on-site. Therefore, implementation of the project would not displace existing residents from the project site that would necessitate the construction of housing elsewhere. (No Impact)
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4.15 PUBLIC SERVICES

4.15.1 Environmental Setting

4.15.1.1 Regulatory Framework
State
Government Code Section 66477
The Quimby Act (included within Government Code Section 66477) requires local governments to set aside parkland and open space for recreational purposes. It provides provisions for the dedication of parkland and/or payment of fees in lieu of parkland dedication to help mitigate the impacts from new residential developments. The Quimby Act authorizes local governments to establish ordinances requiring developers of new residential subdivisions to dedicate parks, pay a fee in lieu of parkland dedication, or perform a combination of the two.

Government Code Section 65995 through 65998
California Government Code Section 65996 specifies that an acceptable method of offsetting a project’s effect on the adequacy of school facilities is the payment of a school impact fee prior to the issuance of a building permit. Government Code Sections 65995 through 65998 set forth provisions for the payment of school impact fees by new development by “mitigating impacts on school facilities that occur (as a result of the planning, use, or development of real property” (Section 65996[a]). The legislation states that the payment of school impact fees “are hereby deemed to provide full and complete school facilities mitigation” under CEQA (Section 65996[b]).

Developers are required to pay a school impact fee to the school district to offset the increased demands on school facilities caused by the proposed residential development project. The school district is responsible for implementing the specific methods for mitigating school impacts under the Government Code.

California Fire Code
The California Fire Code (CFC), as specified in Title 24, Part 9 of the California Code of Regulations (Title 24), contains regulations and accepted practices for safeguarding life and property from the hazards of fire and explosion, dangerous conditions related to the storage, handling, and use of hazardous materials, and hazardous conditions that may occur in the use or occupancy of buildings.77 Title 24 is updated approximately every three years.78 The most recent version of Title 24 went into effect on January 1, 2020.
77 ICC Digital Codes. “2019 California Fire Code, Title 24, Part 9.” Accessed May 31, 2022. Available at:
https://codes.iccsafe.org/content/CAFC2019JUL21S/chapter-1-scope-and-administration. 78 California Building Standards Commission. “California Building Standards Code.” Accessed May 13, 2022. https://www.dgs.ca.gov/BSC/Codes#@ViewBag.JumpTo.
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Local
Los Altos General Plan
The following policies in the City’s General Plan have been adopted for the purpose of avoiding or reducing public service impacts and are applicable to the project:

Policy Description
OSCCF 1.4 Require park dedication, public open space, or require fees in lieu thereof, for all new subdivisions and multi-family residential development in Los Altos.

OSCCF 6.1 Promote community order by preventing criminal activity, enforcing laws, and meeting community service demands.

OSCCF 6.3 Provide response times for police and fire protection services emergencies that are comparable to similar jurisdictions in Santa Clara County.

OSCCF 6.4 Continue cooperative mutual aid agreements with nearby jurisdictions to ensure rapid and sufficient response to emergency situations.

OSCCF 9.2 Work with private developers to offer cultural activities within the community, such as a community theater and cinema.

Los Altos Municipal Code
The City of Los Altos has established a Parkland Dedication Ordinance (Chapter 13.24.010 of the Municipal Code) which requires residential subdivisions to dedicate land for park or recreational purposes, or pay a fee in-lieu thereof, as a condition of approval for the final subdivision or parcel map. The intent of the ordinance is to allow development to occur within the City in a manner that meets the City’s parks and recreation goals.

Los Altos Parks Plan
The Los Altos Parks Plan, adopted in May of 2012, is intended to create a clear set of goals, policies, and objectives that will provide direction to the City Council and City staff for the development, improvement, and enhancement of the City’s park system for the next twenty to thirty years. The Parks Plan was designed to parallel the General Plan’s Open Space, Conservation, and Facilities Element by providing specific direction and recommendations related to parks in Los Altos.

4.15.1.2 Existing Conditions
Fire and Police Protection Services
The City of Los Altos contracts with the Santa Clara County Fire District for fire and emergency medical services. There are two fire stations in Los Altos: Almond Fire Station located at 10 Almond Avenue; and Loyola Fire Station located at 765 Fremont Avenue. The closest station to the project site is the Almond Fire Station, located approximately 0.9 miles southwest of the site. 254
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Police protection services for the project site are provided by the Los Altos Police Department, headquartered at 1 North San Antonio Road, approximately 1.0 miles south of the site. The Department has 30 sworn officers, five reserve officers, and 17 professional civilian staff.

Schools
The project site is located in the Los Altos School District and Mountain View-Los Altos Union High School District. Elementary school students in the project area attend Almond Elementary School, located approximately 0.8 miles south of the project site. Middle school students in the project area attend Egan Junior High School, located approximately 0.4 miles west of the project site.79 High school students in the project area attend Los Altos High School, located approximately

1.2 miles southeast of the project site.80
As of 2021, Almond Elementary School is over capacity by 34 students.81 There are portable classrooms that currently provide additional educational space in addition to permanent educational facilities.82 Future construction activity of permanent buildings is planned through Measure N bond program funding.83 Egan Junior High School has the capacity to accommodate an additional 57 students,84
As of 2021, Los Altos High School is over capacity by 570 students.85 There are portable classrooms that currently provide educational space that is in addition to permanent education facilities. Future construction activity of permanent classroom facilities is underway through Measure E bond program funding.86
Parks
The City provides and maintains developed parkland and open space to serve its residents. Residents of Los Altos are served by community park facilities, neighborhood parks, playing fields, and community centers. The City’s Department of Recreation and Community Services is responsible for development, operation, and maintenance of all City park facilities. 79 Los Altos School District. “Boundaries Accessed December 6, 2021. https://www.lasdschools.org/District/2103- Boundaries.html. 80 Mountain View-Los Altos Union High School District. “School Boundaries”. Accessed December 6, 2021. https://www.mvla.net/About-MVLA/District-Information/General-Information/Maps-and-Directions/index.html. 81 Current enrollment at Almond Elementary School is 359 students with a school facility capacity of 325 students resulting in overcapacity of 34 students. Enrollment Source: California Department of Education. Data Quest, 2020- 2021 Enrollment, Almond Elementary Report. Accessed May 17, 2022.; Capacity Source: Kenyon, Randy. Assistant Superintendent-Business Services, LASD. Personal Communication. May 17, 2022. 82 Source: Kenyon, Randy. Assistant Superintendent-Business Services, Los Altos School District. May 19, 2022. 83 Ibid. 84 Current enrollment at Egan Junior High School is 493 students with a school facility capacity of 550 students resulting in additional space for 57 students. Enrollment Source: California Department of Education. Data Quest, 2020-2021 Enrollment, Egan Elementary Report. Accessed May 17, 2022. Capacity Source: Kenyon, Randy.

Assistant Superintendent-Business Services, LASD. Personal Communication. May 17, 2022. 85 Current enrollment at Los Altos High School is 2,136 students with a school capacity of 1,566 students resulting in an overcapacity of 570 students. Enrollment Source: California Department of Education. Data Quest, 2020-2021 Enrollment, Los Altos High Report. Accessed May 17, 2022.; Capacity Source: Aguilar, Irene. Assistant to the Associate Superintendent-Business Services, Mountain View Los Altos High School District. Personal Communication. March 17, 2022. 86 Aguilar, Irene. Assistant to the Associate Superintendent-Business Services, Mountain View Los Altos High School District. Personal Communication. May 18, 2022.
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The project site is proximate to a number of public parks. The closest public park is Klein Park in the City of Mountain View, located approximately 1,000 feet north of the site. Other park facilities in the vicinity include Gemello Park in the City of Mountain View, approximately 0.3-mile southeast of the site; Rengstorff Park in the City of Mountain View, approximately 0.5-mile northwest of the site; and Castro Park in the City of Mountain View, approximately 0.6-mile east of the site. The closest public park in the City of Los Altos is Village Park, approximately 1.1 miles southwest of the site.

Los Altos City CouncilSeptember 20, 2022

Los Altos City Council
September 20, 2022