Los Gatos City Council
January 30, 2023

Section C Evaluation of Environmental Impacts 66 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
with the Housing Element Update would comply with the applicable goals, policies, measures, and regulations associated with these plans and districts that are adopted for the purpose of avoiding or mitigating an environmental impact. Therefore, the Housing Element Update would not result in conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to applicable land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental impact.

Section C Evaluation of Environmental Impacts 67 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

12. MINERAL RESOURCES
Would the project:

Comments:
a, b. As discussed in Section 4.18, Effects Found Not to be Significant, no mining occurs within the Town (Town of Los Gatos 2021, p. 4.18-1). The Lexington Quarry, however, is in operation and produces construction aggregate at its location at 18500 Limekiln Canyon Road, Los Gatos (located over 1.3 miles southeast of the nearest housing site associated with the Housing Element Update).

Development on areas containing mineral resources could result in the permanent loss of those minerals. However, the development associated with the Housing Element Update does not include land use designation changes in the area of the Lexington Quarry and development would not occur on this site. Therefore, the General Plan, inclusive of the Housing Element Update, would not facilitate new or additional development within the area of the mineral deposit and the Housing Element Update would not result in the loss of availability of mineral resources in the Town that are known or of local importance (Town of Los Gatos 2021, p. 4.18-2).

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on mineral resources.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Result in loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
☐ ☐ ☐ ☒
b. Result in the loss of availability of a locally important mineral resource recovery site delineated in a local
general plan, specific plan, or other land-use plan?
☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 68 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

13. NOISE
Would the project result in:

Comments:
a. Temporary Noise Levels. As discussed in the General Plan EIR (Section 4.12, Noise), development under the General Plan would result in construction activities that would temporarily increase ambient noise levels. However, because there are no specific plans or time scales for individual development projects that would be carried out under the General Plan, it is not possible to determine exact noise levels, locations, or time periods for construction of such projects, or construction noise at adjacent properties (p. 4.12-9).

Sensitive noise receptors in areas where more development and redevelopment under the General Plan is proposed would be exposed to the highest levels of construction noise for the longest duration; these areas include the downtown core and the corridors along Pollard Road, Winchester Boulevard, Lark Avenue, Los Gatos Boulevard, Union Avenue, Harwood Road, and North Santa Cruz Avenue. It is anticipated that construction noise as a result of development under the General Plan would exceed ambient noise levels and may temporarily disturb people at neighboring properties.

The General Plan would be required to comply with the Town’s Municipal Code Section

16.20.035, which identifies timing requirements for when construction noise is permitted during the weekdays and weekends, and lists the noise level requirements for construction equipment. The General Plan would also be required to implement the applicable General Plan policies and goals contained in the Environmental and Sustainability Element in order to reduce construction noise and associated impacts. General Plan Policy ENV-21.1 requires that all Town-owned and operated construction and maintenance equipment, and equipment for these activities operated under contract with Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. 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 in applicable
standards of other agencies?
☐ ☒ ☐ ☐
b. Generation of excessive ground-borne vibration or
ground borne noise levels?
☐ ☒ ☐ ☐
c. 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, expose people
residing or working in the project area to excessive
noise levels?
☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 69 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
the Town, shall contain state-of-the-art noise attenuation equipment. Development under the General Plan could include private development that is not required to use noise attenuation equipment, which may result in the generation of noise that exceeds existing ambient noise levels. Therefore, the following mitigation measure is required in order to ensure that impacts related to construction noise would be less than significant (Town of Los Gatos 2021, p. 4.12-12).

Mitigation Measure
N-1 For projects involving construction equipment that are located within 25 feet of noise-sensitive receptors the following mitigation would be required:
 Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction-related noise sources and noise-sensitive receptors.
 Electrically-Powered Tools and Facilities. Electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities.  Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.  Additional Noise Attenuation Techniques. During the clearing, earth moving, grading, and foundation/conditioning phases of construction, temporary sound barriers shall be installed and maintained between the construction site and the sensitive receptors. Temporary sound barriers shall consist of sound blankets affixed to construction fencing or temporary solid walls along all sides of the construction site boundary facing potentially sensitive receptors.

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would result in temporary construction noise that could exceed existing ambient noise levels. The Housing Element Update would be required to comply with the Town’s Municipal Code Section 16.20.035 as well as applicable General Plan policies, such as General Plan Policy 18.2, which requires that all interior residential noise levels be 45 dB or less; Policy ENV-18.3, which requires that all exterior noise levels be based on the compatibility criteria shown on the General Plan’s Figure 8-6; and Policy ENV-18.4, which requires that appropriate site and building design, sound walls, minimum landscape buffers of five feet, and/or the use of noise attenuating construction techniques and materials be used in order to protect existing and proposed residential areas from noise.

However, as indicated above, development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, may include private developers who are not required to comply with General Plan Policy ENV-21.1 and whose construction equipment could result in noise levels that exceed

Section C Evaluation of Environmental Impacts 70 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
existing ambient noise levels. Therefore, the Housing Element Update would be required to implement Mitigation Measures N-1 in order to reduce impacts to a less-thansignificant level.

Permanent Noise Levels. Existing sensitive noise receptors could be affected by buildout and operational noise occurring onsite at properties developed or redeveloped under the General Plan.

Noise generated by onsite activities for new development would be subject to the Town’s maximum allowable exterior noise levels contained in Chapter 16 of the Town’s Municipal Code as well as the goals and policies within the General Plan that reduce excess noise generated by new development. Compliance with these regulations and policies would reduce potential onsite noise impacts to a less-than-significant level.

Development facilitated by the General Plan would also result in increased offsite operational noise levels such as additional vehicle trips on roadways within the Town.

However, implementation of General Plan policies and goals encouraging the use of public transit and other active transportation modes would reduce vehicle trips and associated traffic noise to the extent feasible. Therefore, roadway noise would be less than significant (Town of Los Gatos 2021, p. 4.12-15).

Development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would result in the increase in permanent noise levels as a result of increased growth (and, therefore, vehicle trips) within the Town. However, the Housing Element Update’s increase in vehicle trips and associated noise levels have already been evaluated in the General Plan EIR.

Development associated with the Housing Element Update would be required to comply with applicable General Plan polices such as Policy MOB-2.6, which requires that all development with a frontage greater than 300 feet to provide through-access for bicyclists and pedestrians to adjacent developments, paths, or bicycle facilities, and Policy MOB6.7, which requires that all new development to provide bus shelters and ongoing maintenance as part of their developments, when appropriate, to encourage public transit use. Implementation of the applicable General Plan policies would help reduce vehicle trips and, therefore, reduce impacts related to traffic noise levels as a result of development associated with the Housing Element Update to a less-than-significant level.

The General Plan EIR adequately addressed the Housing Element Update’s potential to generate substantial temporary or permanent increases in ambient noise levels. b. Construction of individual projects facilitated by the General Plan could intermittently generate groundborne vibration on and adjacent to construction sites. Development under the General Plan, as discussed in Section 4.12, Noise, would be required to comply with the permitted construction timing identified in the Town’s Municipal Code Section

16.20.035, which allows construction noise between the hours of 8:00AM and 6:00PM on weekdays and between 9:00AM and 4:00PM on Saturdays with a valid Town permit.

However, the General Plan does not include any goals or policies that pertain specifically

Section C Evaluation of Environmental Impacts 71 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
to vibration. The Housing Element update is consistent with the growth projections evaluated in the General Plan EIR and would be required to implement Mitigation Measure N-2 in order to reduce vibration impacts to a less-than-significant level (Town of Los Gatos 2021, p. 4.12-17).

Mitigation Measure
N-2 The Town shall include the following measures as standard conditions of approval for applicable projects involving construction to minimize exposure to construction vibration:

1. Avoid the use of pile drivers and vibratory rollers (i.e., compactors) within 50 feet of buildings that are susceptible to damage from vibration.

2. Schedule construction activities with the highest potential to produce vibration to hours with the least potential to affect nearby institutional, educational, and office uses that the Federal Transit Administration identifies as sensitive to daytime vibration (FTA 2006).

3. Notify neighbors of scheduled construction activities that would generate vibration.

Development associated with the Housing Element Update would result in the generation of vibration during construction activities and require the compliance with the Town’s Municipal Code Section 16.20.035 to restrict construction activities to the daytime when sensitive receptors are awake and less sensitive to vibrations. Because the General Plan does not include any goals or policies that pertain specifically to vibration, development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would be required to implement Mitigation Measure N-2 in order to reduce vibration impacts to a less-than-significant level.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to vibration.
c. Refer to the discussion under checklist question “e” within Section 9.0, Hazards and Hazardous Materials. No impacts would occur as a result of development under the Housing Element Update, associated with airports and airstrips.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to noise levels and airports and airstrips.

Section C Evaluation of Environmental Impacts 72 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

14. POPULATION AND HOUSING
Would the project:

Comments:
a. The General Plan would result in the increase in population within the Town by 7,584 persons (General Plan page 3-5). However, Section 4.13, Population and Housing, of the General Plan EIR states that growth under the General Plan would also result in more balanced jobs-housing ratio by increasing housing availability. Therefore, such growth would not result in any adverse effects associated with an increased imbalance of jobs and housing in the Town. A fundamental purpose of the General Plan is to direct future development in such a way that preserves the character of the Town while minimizing pressure to development on the remaining open space in the Town and directing growth and redevelopment to infill areas. Therefore, impacts from development under the General Plan on unplanned population growth would be less than significant (Town of Los Gatos 2021, p. 4.13-7).

The Housing Element Update involves the potential construction of up to 2,312 housing units, which would result in the increase in the Town’s population, which is within the General Plan population projection of 7,584. Development associated with the Housing Element Update has been evaluated in the General Plan EIR and anticipated by the General Plan; therefore, the population growth was planned. One of the primary purposes of the General Plan is to guide growth and development in the Town such that infill development would be prioritized and open space areas would be preserved and enhanced; therefore, by its nature, the General Plan is intended to reduce the potential for uncontrolled growth and associated environmental impacts (p. 5-1). Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would not result in substantial unplanned population growth in an area, either directly or indirectly.

The General Plan EIR adequately addressed the Housing Element Update’s impacts associated with population growth.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of
roads or other infrastructure)?
☐ ☐ ☐ ☒
b. Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
☐ ☐ ☒ ☐

Section C Evaluation of Environmental Impacts 73 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
b. The General Plan facilitates development in the Town that promotes infill development and redevelopment of underutilized parcels. The new units facilitated by the General Plan would be in accordance with state and local housing requirements. The General Plan EIR explains in Section 4.13, Population and Housing, that the General Plan contains several goals and policies that provide guidance on maintaining neighborhood cohesiveness through the anticipated growth that would be required to be implemented.

Because the number of new dwelling units would not displace existing residents, and because the policies of the General Plan promote infill development and preservation of existing neighborhoods, impacts would be less than significant (Town of Los Gatos 2021, p. 4.13-9).

Several of the sites associated with the Housing Element Update would require the demolition of existing residences and, therefore, the displacement of existing people (Town of Los Gatos October 2022c, Appendix H). However, the primary objective is to construct new housing to meet the Town’s regional fair share of new housing. The loss of existing housing would be substantially mitigated by the number of new housing units constructed with implementation of the Housing Element Update. Therefore, the Housing Element Update would result in less than significant impacts associated with the necessary construction of replacement housing elsewhere.

The General Plan EIR adequately addressed the Housing Element Update’s impacts associated with the displacement of people or housing.

Section C Evaluation of Environmental Impacts 74 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

15. PUBLIC SERVICES
Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the following public services:

Comments:
a. The Town is served by the Santa Clara County Fire Department. The Housing Element Update would result in the increase in population, which would increase the demand on fire services. Therefore, potential impacts to the Santa Clara County Fire Department may occur and require the need for new or physically altered facilities, the construction of which could cause significant environmental impacts.

The General Plan EIR (Section 4.14, Public Service and Recreation) states that new development under the General Plan would be required to comply with all applicable federal, state, and local regulations governing the provision of fire services, including adequate fire access, fire flows, and number of hydrants. In addition, consistency with the current California Fire Code is required. The Santa Clara County Fire Department would review building and facility plans through the Town’s development review and building permit processes and the Department’s personnel would also inspect new and remodeled buildings and facilities to ensure that the structures meet state and local fire codes and standards (p. 4.14-20). The General Plan EIR notes that given the demand for fire services in the Town, staffing needs are likely to increase, which could require the construction of new facilities. However, it is determined that the location and potential impacts of new or expanded facilities are unknown and separate environmental review would be required to determine the evaluation of the physical effects of such activities.

New development would also be required to pay fees as determined by the Town pursuant to the Municipal Code Sections 9.30.745 and 9.30.750 for fire protection and contribute their fair share to the cost of funding Town fire services.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Fire protection? ☐ ☐ ☒ ☐
b. Police protection? ☐ ☐ ☒ ☐
c. Schools? ☐ ☐ ☒ ☐
d. Parks? ☐ ☐ ☐ ☒
e. Other public facilities? ☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 75 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development under the General Plan would be required to comply with General Plan Policy PFS-19.3, which requires that new development incorporate adequate emergency water flow, fire resistant design and materials, and evacuation routes; Policy PFS-19.4, which requires that new development provide accessibility to emergency vehicles and don’t impede the ability of service providers to provide adequate emergency response; Policy PFS-20.3, which requires that new development satisfy fire flow and hydrant requirements and other fire-related design requirements as established by the Town and recommended by the Santa Clara County Fire Department; and Policy 20.4, which requires that new development and remodels comply with California Fire and Building Code requirements for the installation of interior emergency sprinkler systems, fireresistant building materials, early warning systems and sufficient water supply systems for fire suppression. New fire services facilities that would be constructed in the Town would require project-specific environmental analysis and implementation of any necessary project-specific mitigation prior to being considered for approval. The General Plan EIR concludes that compliance with General Plan policies and applicable state regulations, as well as payment of Town-required public facilities fees, would ensure that impacts associated with fire services would be less than significant (p. 4.14-23).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR. Therefore, compliance with the abovementioned General Plan policies and applicable state regulations would be required, as well as payment of its fair share for funding the Town’s fire services. Further, as each site associated with the Housing Element Update is considered for development, projectspecific environmental analysis would be required. The General Plan EIR adequately addressed the potential impacts of the Housing Element Update on the Town’s fire services and, therefore, less than significant impacts would occur associated with the Housing Element Update.
b. The Town is served by the Los Gatos-Monte Sereno Police Department. The Housing Element Update would result in the increase in population, which would increase the demand on police protection services. Therefore, potential impacts to the Los GatosMonte Sereno Police Department may occur and require the need for new or physically altered facilities, the construction of which could cause significant environmental impacts.

The General Plan EIR (Section 4.14, Public Service and Recreation) states that new development under the General Plan would be required to comply with all applicable federal, state, and local regulations governing the provision of police services. The General Plan EIR notes that given the demand for police services in the Town, staffing needs are likely to increase, which could require the construction of new facilities.

However, it is determined that the location and potential impacts of new or expanded facilities are unknown and separate environmental review would be required to determine the evaluation of the physical effects of such activities.

Section C Evaluation of Environmental Impacts 76 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
New police services facilities that would be constructed in the Town would require project-specific environmental analysis and implementation of any necessary projectspecific mitigation prior to being considered for approval. The General Plan EIR concluded that development under the General Plan would result in less than significant impacts associated with the potential impacts of construction of police protection facilities (p. 4.14-23).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR. Therefore, it would be speculative to evaluate physical impacts of the Housing Element Update associated with police services because the location and timing for development is unknown. As each site associated with the Housing Element Update is considered for development, project-specific environmental analysis would be required. The Housing Element Update would also be required to comply with applicable federal, state and local regulations governing the provision of police services. The General Plan EIR adequately addressed the potential impacts of the Housing Element Update on the Town’s police services and, therefore, the Housing Element Update would result in less than significant impacts associated with the environmental effects related to the potential construction of new police facilities. c. The Town of Los Gatos is served by six different school districts: Los Gatos Union School District, Los Gatos-Saratoga Joint Union High School District, Campbell Union School District, Campbell Union High School District, Cambrian Union Elementary School District, and Union Elementary School District. The Housing Element Update would be served by all but the Campbell Union School District and Union Elementary School (Los Gatos Union School District 2022) (Los Gatos-Saratoga Joint Union High School District 2022) (Campbell Union School District 2022) (Campbell Union High School District 2022) (Cambrian School District 2022) (Union Elementary School District 2022).

The General Plan EIR (Section 4.14, Public Service and Recreation) determined that buildout of the General Plan would result in the increase of enough students that all school districts serving the Town would need to add or expand facilities to meet the needs of the projected student population in 2040. However, the General Plan EIR concluded that all future development associated with the General Plan would be required to pay school impact fees which, pursuant to Section 65995(3)(h) of the California Government Code (Senate Bill 50), would reduce impacts to a less-thansignificant level (p. 4.14-23).

The Housing Element Update would generate 1,619 students (2,312 x 0.70) based upon the student generation rate in the General Plan EIR (page 1.14-22) and, therefore, increase the demand on the school districts serving the sites associated with the Housing Element Update. The increase in demand on these school districts could result in the need for new or expanded school facilities, the construction of which could cause adverse environmental effects. However, development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and,

Section C Evaluation of Environmental Impacts 77 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
therefore, would be required to pay its fair share of school impact fees, which would offset the increased demand of developments on the school facilities resulting in less than significant impacts.

The General Plan EIR adequately addressed the Housing Element Update’s impacts on the Town’s existing school facilities.
d. According to the General Plan EIR (Section 4.14, Public Service and Recreation), the Town contains approximately 254 acres of parkland, nearly 7 miles of multi-use trails and over 65 acres of lawn area. The Town’s parkland goal, pursuant to General Plan Policy

6.7, is 5 acres per 1,000 population. The Town, at preparation of the General Plan EIR, exceeded this goal by providing 6.2 acres per 1,000 residents (p. 4.14-24). The General Plan EIR also states that the Town would exceed the Quimby Act’s parkland ratio of 3 acres per 1,000 residents with buildout of the General Plan (p. 4.14-26).

Development consistent with the General Plan is required to comply with General Plan Policy OSP-4.5, which requires that all residential developments provide permanent common recreation space and Policy OSP-7.8, which encourages new multi-family residential developments of eight units or more to include tot lots or similar shared offstreet recreation space for young children. According to the General Plan EIR, implementation of applicable General Plan policies would ensure that growth in the Town would not result in adverse environmental effects associated with parks and recreational facilities. Additionally, because buildout of the General Plan would exceed the Quimby Act’s parkland ratio of 3 acres per 1,000 residents, it would not contribute to the need for new or expanded park or recreational facilities.

The Housing Element Update could result in the addition of approximately 5,780 people and therefore, to be consistent with the Town’s parkland goal (General Plan Policy OSPR-6.7), would require approximately 29.6 acres of parkland. However, development associated with the Housing Element Update was evaluated in the General Plan EIR and anticipated by the General Plan. As stated previously, the General Plan EIR concluded that buildout of the General Plan would not require the construction of new or expanded park facilities. Therefore, development associated with the Housing Element Update would be required to comply with both General Plan Policies OSP-4.5 and OSP-7.8 and would not result in the need for new or expanded parks or recreational facilities.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on parks and recreational facilities.
e. The General Plan EIR (Section 4.14, Public Service and Recreation) also evaluates the impacts of development under the General Plan on the Town’s public library facilities.

The Town of Los Gatos is the primary service provider for library services, with one public library located within the Town’s Civic Center complex. The El Camino Hospital operates a Health Library and Resource Center at its Los Gatos campus on the main floor with the purpose of helping patients, families, and the community access resources and information to make informed choices about their health. Affiliation with El Camino Hospital is not required to use its library resources.

Section C Evaluation of Environmental Impacts 78 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
According to the General Plan EIR, the existing library is estimated to be able to meet the demand from an increase in population as a result of buildout of the General Plan and impacts would be less than significant (p. 4.14-23). Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, the increase in demand on the Town’s library facilities as a result of the Housing Element Update would not result in the need for new or expanded facilities, the construction of which could cause environmental effects.

The General Plan EIR adequately addresses the Housing Element Update’s potential to impact library facilities in the Town.

Section C Evaluation of Environmental Impacts 79 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

16. RECREATION
Comments:
a, b. Refer to the discussion in Section 15.0, Public Services, under checklist question “d.” The General Plan EIR (Section 4.14, Public Service and Recreation) concluded that implementation of the applicable General Plan policies would ensure that growth in the Town consistent with the General Plan would not result in adverse environmental effects associated with the physical deterioration of public parks and recreational facilities.

Additionally, the General Plan EIR concluded that the Town would exceed the Quimby Act parkland ratio of 3 acres for every 1,000 residents at buildout of the General Plan (p. 4.14-26).

The Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would be required to comply with General Plan Policy OSP-4.5 (all residential developments provide permanent common recreation space) and Policy OSP-7.8 (new multi-family residential developments of eight units or more include tot lots or similar shared off-street recreation space for young children). Therefore, the Housing Element Update would not result in the physical deterioration of recreational facilities or require the construction or expansion of recreational facilities, the construction of which could cause significant environmental impacts.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on recreational facilities.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
☐ ☐ ☐ ☒
b. Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical effect on the environment?
☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 80 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

17. TRANSPORTATION
Would the project:

Comments:
a. Transit. According to the General Plan EIR (Section 4.15, Transportation), buildout of the General Plan would increase the number of potential transit users on the various transit systems serving the Town, which would increase the demand for transit.

Additionally, roadway traffic congestion caused from population and employment growth in the Town facilitated by the General Plan could affect several transit corridors by increasing travel times and decreasing headway reliability for transit vehicles (p 4.15-19).

Development under the General Plan would be required to comply with the objectives of the Valley Transportation Plan 2040, which is the long-range Santa Clara County-wide transportation plan adopted by the Valley Transportation Authority. The General Plan EIR states that although the General Plan would increase ridership and potentially cause more traffic delays, the existing transit circulation would be maintained, consistent with the Valley Transportation Plan 2040.

There are several General Plan policies and goals that would support reducing traffic congestion and improving transit connectivity such as Policy MOB-1.1, which requires that all development and redevelopment proposals with more than 10 housing units or over 5,000 square feet of non-residential square footage to include a detailed, sustainable, and measurable Transportation Demand Management program with accountability requirements to ensure that its measures are achieved; Policy MOB-1.3, which requires development near transit stops to provide Transportation Demand Management programs or facilities that encourage transit use for all types of trips; and Policy MOB6.7, which requires all new developments to provide bus shelters and ongoing Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
☒ ☐ ☐ ☐
b. Conflict or be inconsistent with CEQA guidelines
section 15064.3, subdivision (b)?
☒ ☐ ☐ ☐
c. Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☐ ☒
d. Result in inadequate emergency access? ☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 81 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
maintenance as part of their developments, when appropriate, to encourage public transit use. Implementation of these General Plan policies would encourage an increase in transit ridership, decrease dependence on motor vehicles and reduce transit delays.

However, according to the 2040 General Plan Revised Sections of the General Plan EIR (Section 4.15, Transportation Revised, p. 4.15-24), development under the General Plan does not include actions to increase the cost of using vehicles and does not include provisions for bus services to avoid congestion delays. As a result, transit service will experience reductions in quality of experience inconsistent with General Plan policies, which could contribute to lower transit demand in the future and higher demand for vehicle use contributing to higher VMT levels. Because the needed additional transit vehicles and supporting infrastructure may not be provided to accommodate additional transit demand, the General Plan would have a potentially significant impact on transit ridership. Development under the General Plan would also result in a significant and unavoidable effect on transit vehicle operations even with improvements such as signal coordination and transit vehicle preemption, which could potentially improve the overall reliability of transit in congested areas but not to the level that would fully address this impact.

The changes to the vehicle circulation system as part of the development under the General Plan would not interfere with existing transit facilities nor conflict with planned transit facilities and services or conflict with adopted transit plans, guidelines, policies or standards.

The Housing Element Update would result in the increase in population, which would increase the demand on the transit system. Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR. The Housing Element Update would be required to comply with the applicable General Plan policies identified above to reduce its potential to conflict with the existing transit facilities or adopted transportation plans, guidelines, policies, or standards associated with the Town’s transit network. However, the Housing Element Update is part of the significant and unavoidable cumulative transit impacts associated with the General Plan. Therefore, development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would result in significant and unavoidable transit impacts.

The Town adopted its Statement of Overriding Conditions on June 30, 2022 and determined that specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the General Plan Final EIR related to transportation.

Roadways. The General Plan includes modifications to existing street facilities to create a more pedestrian- and bicycle-oriented street network. Although these modifications would cause existing and future local and regional traffic to circulate differently, its influence would be minimal because these roadway modifications would conform to state and local standards and generally be implemented to improve circulation (Town of Los

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Gatos 2021, p. 4.15-21). Therefore, the General Plan would not be expected to interfere or conflict with existing roadways facilities or adopted transportation plans, guidelines, policies, or standards. Impacts would be less than significant (p. 4.15-21).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would conform to state and local standards to reduce any potential impacts that may occur on the roadway system by development under the Housing Element Update. However, potential impacts on the roadway system as a result of the Housing Element Update were evaluated in the General Plan EIR and would be minimal. Therefore, development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would not result in the conflict with existing roadways facilities or adopted transportation plans, guidelines, policies, or standards.

Bicycle Facilities. Development facilitated by the General Plan would increase the use of bicycles on the road as a result of increasing the Town’s population. However, the General Plan contains policies and goals that are designed to accommodate increased bicycle demand such as Policy MOB-2.5, which requires that all new development be designed to enhance the safety or convenience of bicycle use through the Town and Policy MOB-2.6, discussed previously. Implementation of applicable General Plan policies would encourage bicycling by improving bicycle connectivity within the Town’s street network, consistent with the Town of Los Gatos Bicycle and Pedestrian Master Plan, which provides guidance to improve the connectivity of the bicycle and pedestrian network in the Town. Therefore, the General Plan EIR concludes that development under the General Plan would have a beneficial effect on bicycle circulation and access and result in less than significant impacts related to the conflict with existing bicycle facilities or adopted plans, guidelines, policies, or standards associated with the Town’s bicycle network (p. 4.15-22).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would not result in significant adverse impacts related to the existing bicycle facilities within the Town. The Housing Element Update would implement applicable General Plan policies, such as those listed above, and is required to be consistent with the goals and objectives of the Town of Los Gatos Bicycle and Pedestrian Master Plan. Therefore, development associated with the Housing Element Update would not result in the conflict with existing bicycle facilities or adopted plans, guidelines, policies, or standards associated with the Town’s bicycle network.

Pedestrian Facilities. Implementation and buildout of the General Plan would increase residency in the Town, which could result in more use and demand on existing pedestrian facilities. According to the General Plan EIR, the General Plan encourages walking by improving pedestrian facilities and connectivity with a safe and continuous pedestrian network to shorten walking distances and improve pedestrian connections to popular local destinations. Development under the General Plan would create new pedestrian facilities and have a beneficial effect on pedestrian circulation and access consistent with

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the Town of Los Gatos Bicycle and Pedestrian Master Plan (p. 4.15-22). The General Plan EIR concludes that the General Plan would not interfere with existing or planed pedestrian facilities or adopted pedestrian system plans, guidelines, policies or standards and impacts would be less than significant (p. 4.15-23).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would not result in significant adverse impacts related to the existing pedestrian facilities within the Town. The Housing Element Update would be consistent with the goals and objectives of the Town of Los Gatos Bicycle and Pedestrian Master Plan and, consistent with the growth projections evaluated in the General Plan EIR, would not result in the conflict with existing pedestrian facilities or adopted plans, guidelines, policies, or standards associated with the Town’s pedestrian network.

The General Plan EIR adequately addressed the Housing Element Update’s potential to conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. b. The population and employment growth facilitated from development envisioned in the General Plan would generate new vehicle trips. The land use pattern and policies identified within the General Plan are expected to result in reduced vehicle miles traveled (VMT) per service population compared to existing conditions. The General Plan EIR (Section 4.15, Transportation) determined that the General Plan-generated VMT per service population would be 38.4, which is approximately 19 percent greater than the applicable VMT threshold of 32.3 (as identified in Table 4.15-2 of the General Plan EIR).

Therefore, the General Plan’s VMT per service population would exceed the applicable threshold and the following mitigation measure is required.

Mitigation Measure
T-1 For projects that would generate vehicle miles traveled (VMT), one or more VMT reduction strategies included in the SB 743 Implementation Decisions for the Town of Los Gatos (July 2020) document shall be required to reduce VMT of the project.

Examples of VMT reduction strategies that shall be implemented are provided below. The VMT reduction strategies are organized by their relative scale for implementation (i.e., individual site level, Town-wide level, and regional level).

Individual Site Level
 Encourage Telecommuting and Alternative Work Schedules: This strategy relies on effective internet access and speeds to individual project sites/buildings to provide the opportunity for telecommuting. This strategy would reduce commute VMT but also result in a change in VMT for other travel purposes; thus, this strategy should consider the net change in the Town’s project-generated VMT.

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 Provide Ride-Sharing Programs: This strategy focuses on encouraging carpooling and vanpooling by project site/building tenants.  Provide Local Shuttles: This strategy focuses on providing local shuttle service. The local shuttles would provide service to transit hubs, schools, commercial centers, and residential areas to improve transit connectivity and address the “first/last mile” problems. Alternatively, a demand responsive service could be provided as subsidized trips by contracting to private transportation network companies or taxi companies. Note that implementation of this strategy would require regional or local agency implementation.
 Provide Employer-Sponsored Vanpool/Shuttle: This strategy relies on employers purchasing or leasing vans or shuttles, and often subsidizing the cost of at least program administration, if not more. Vanpools typically service employee’s commute to work, while shuttles service nearby transit stations and surrounding commercial centers. Scheduling and rider charges, if any, are within the employer’s purview.

Town-wide Level
 Provide Bicycle and Pedestrian Network Improvements: This strategy focuses on creating a comprehensive bicycle and pedestrian network within the project and connecting to nearby destinations. Projects in Los Gatos tend to be smaller so the emphasis of this strategy would likely be the construction of network improvements that connect the project site directly to nearby destinations. Alternatively, implementation could occur through an impact fee program or benefit/assessment district based on regional or local plans such as the Bicycle and Pedestrian Master Plan and Connect Los Gatos.  Provide Traffic Calming Measures: This strategy combines the California Air Pollution Control Officers Association (CAPCOA) research focused on traffic calming with new research on providing a low-stress bicycle network.

Traffic calming creates networks with low vehicle speeds and volumes that are more conducive to walking and bicycling. Building a low-stress bicycle network produces a similar outcome. One potential change in this strategy over time is that ebikes (and e-scooters) could extend the effective range of travel on the bicycle network, which could enhance the effectiveness of this strategy.
 Implement Car-Sharing Program: This strategy reduces the need to own a vehicle or reduces the number of vehicles owned by a household by making it convenient to access a shared vehicle for those trips where vehicle use is essential. Examples include programs like ZipCar, Car2Go, and Gig.

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 Limit Parking Supply: When combined with companion transportation demand management measures, reduced parking supply discourages driving by limiting easy and convenient parking options. Implementation of this strategy may require reducing (or removing) minimum parking requirements and allowing developers to use shared parking strategies.  Unbundle Parking Costs from Property Cost: Unbundling separates parking costs from property cost, for instance by not including a parking space in a residential unit’s rent, or by requiring employers to lease each parking space separately from the building owner. This strategy ensures that the user understands that the cost of driving includes parking and can encourage people to use an alternative mode to save money.
 Implement Market Price Public Parking (On-Street): This strategy focuses on implementing a pricing strategy for parking by pricing all on-street parking in central business districts, employment centers, and retail centers. Priced parking would encourage “park once” behavior and may also result in areawide mode shifts.

Regional Level
 Increase Density: This strategy focuses on increasing density of land uses, where allowed by the General Plan and/or Zoning Ordinance, to reduce distances people travel and provide more travel mode options. This strategy also provides a foundation for many other strategies. For example, densification increases transit ridership, which justifies enhanced transit service.
 Increase Diversity of Urban and Suburban Developments: This strategy focuses on inclusion of mixed uses within projects or in consideration of the surrounding area to minimize vehicle travel in terms of both the number of trips and the length of those trips.
 Increase Transit Accessibility: This strategy focuses on encouraging the use of transit by locating a project with high density near transit. A project with a residential/commercial center designed around a bus station is referred to as a transit-oriented development (TOD).
 Integrate Affordable and Below Market Rate Housing: This strategy provides greater opportunities for lower income families to live closer to job centers since income effects probability that a commute will take transit or walk to work.
 Increase Transit Service Frequency/Speed: This strategy focuses on improving transit service convenience and travel time competitiveness with driving. Given existing land use density in Los Gatos, this strategy may be limited to traditional commuter transit where trips can be pooled at the start

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and end locations, or it may require new forms of demand-responsive transit service. Note that implementation of this strategy would require regional or local agency implementation, substantial changes to current transit practices, and would not likely be applicable for individual development projects.  Implement Area or Cordon Pricing: This strategy focuses on implementing a cordon (i.e., boundary) pricing scheme, where a cordon is set around a specific area to charge a toll to enter the area by vehicle. The cordon location is usually the boundary of an area with limited points of access. The cordon toll may be constant, applied during peak periods, or be variable, with higher prices during congestion peak periods. The toll can also be based on a fixed schedule or be dynamic, responding to real-time congestion levels. Note that implementation of this strategy requires alternative modes of travel that are available and reliable, such as high-quality transit infrastructure.

As concluded in the General Plan EIR, the VMT reduction strategies at the regional level would be required in order to reduce VMT per service population by 19 percent.

However, this would require action on multiple agencies and municipalities in South San Francisco Bay. Because the Town cannot ensure that the other municipalities would participate in the regional VMT reduction strategies outlined in Mitigation Measure T-1, it is not certain that a 19 percent reduction in VMT would be achieved. Therefore, VMT impacts as a result of development under the General Plan would be significant and unavoidable even after implementation of mitigation (p. 4.15-26).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would generate new vehicle trips.

However, development associated with the Housing Element Update is part of the significant and unavoidable cumulative VMT impacts associated with the General Plan.

Therefore, development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would result in significant and unavoidable VMT impacts even after implementation of Mitigation Measure T-1. Development associated with the Housing Element Update would be required to implement applicable reduction strategies in Mitigation Measure T-1.

The Town adopted its Statement of Overriding Conditions on June 30, 2022 and determined that specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the General Plan Final EIR related to transportation.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to VMT impact.
c. As discussed in the General Plan EIR (Section 4.15, Transportation), the General Plan is a program-level document that does not directly address project-level design features or building specifications. However, the Town maintains improvement standards that guide construction of new transportation facilities to minimize design hazards for all users of

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the system. Developments that would add traffic to streets that are not designed to current standards would be evaluated in the environmental review process with mitigation measures, if necessary, requiring the development to construct, or provide funding for, an improvement that would minimize or eliminate the hazard. New and upgraded roadways needed to accommodate new development would be designed according to applicable federal, state, and local design standards. The General Plan EIR also states that development and infrastructure projects would be required to implement applicable General Plan policies intended to result in roadway designs that safely accommodate all users such as General Plan Policy MOB-2.6, which is described previously under checklist question “a” and Policy MOB-8.3, which requires that new development minimize the number of access points along arterial streets to minimize impacts on circulation flow and safety. Therefore, the General Plan EIR concludes impacts related to hazards due to a geometric design feature would be less than significant (p. 4.15-29).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, any new or upgraded roadways necessary to accommodate the new development would be designed according to applicable, federal, state, and local design guidelines. Further, development under the Housing Element Update would implement applicable General Plan policies, such as those listed above, minimizing its impact on circulation flow and safety. The Housing Element Update would not result in substantially increased hazards due to a geometric design feature nor would it result in incompatible uses.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to hazards due to a geometric design feature. d. The General Plan does not propose specific development projects and, therefore, does not propose developments that could result in inadequate emergency access. According to the General Plan EIR (Section 4.15, Transportation), the intent of the General Plan is to improve the overall performance of the transportation network for all modes of transportation; however, to further ensure that development under the General Plan would not result in inadequate emergency access, applicable General Plan policies are required to be implemented such as Policy MOB-12.2, which requires that secondary emergency access is provided for new discretionary housing approvals in locations that are identified as Very High Fire Hazard Areas on the Town’s Wildland Fire Severity Zone Map. With implementation of applicable General Plan policies, future development projects would be assessed to ensure they result in adequate emergency access. In addition, mandatory development processes also require project review by emergency services, including police and fire, to ensure projects maintain adequate emergency access.

This impact would be less than significant (Town of Los Gatos 2021, p. 4.15-30).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, is not proposing specific development that could be evaluated as providing or not providing adequate emergency access. However, as future development under the Housing Element Update is proposed, they will be required to comply with applicable General Plan policies such as

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Policy MOB-12.2 identified above. Implementation of applicable General Plan policies would ensure that future development associated with the Housing Element Update do not result in impacts related to inadequate emergency access.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to inadequate emergency access.

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18. TRIBAL CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
Comments:
a. Pursuant to SB18, tribal noticing and consultation in accordance with statutory timelines is required when a general plan is amended. The Town did not receive any requests from California Native American tribes requesting consultation under Assembly Bill 52 for the Housing Element Update or for the General Plan EIR. Further, according to the General Plan EIR (Section 4.5, Cultural and Tribal Cultural Resources), no tribal cultural resources have been identified within the planning area (which includes the Town limits where all sites associated with the Housing Element Update are located) by a California Native American tribe (p. 4.5-6).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and the General Plan EIR adequately addresses the Housing Element Update’s impact on tribal cultural resources. a. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public
Resources Code section 21074 as either a site, feature, place, or cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value
to a California Native American tribe, and that is:

(1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of
historical resources as defined in Public Resources
code section 5020.1(k), or
☐ ☐ ☐ ☒
(2) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead
agency shall consider the significance of the resource
to a California Native American tribe.
☐ ☐ ☐ ☒

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19. UTILITIES AND SERVICES SYSTEMS
Would the project:

Comments:
a. Water. According to the General Plan EIR (Section 4.16, Utilities and Service Systems), expansion to the existing water system may be needed to service new development under the General Plan, the construction of which could cause significant environmental effects. However, it would be speculative to determine the impacts of development that has not yet occurred about infrastructure improvements whose necessity, in addition to location and type, are unknown at this time.

The General Plan EIR states that impacts from any required expansion of existing infrastructure required by new development in the Town would be further analyzed under separate CEQA review when determinations are made on the type, scope, and location of the infrastructure improvements (p. 4.16-18). The General Plan EIR determined that impacts would be less than significant (p. 4.18-19).

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment, storm
water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
☐ ☐ ☒ ☐
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
☐ ☐ ☒ ☐
c. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has inadequate capacity to serve the project’s
projected demand in addition to the provider’s
existing commitments?
☐ ☐ ☒ ☐
d. Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
☐ ☐ ☐ ☒
e. Comply with federal, state, and local management and reduction statutes and regulations related to solid
waste?
☐ ☐ ☐ ☒

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Development associated with the Housing Element Update would result in the increase in population and, therefore, an increase in demand on the Town’s existing water facilities. However, it would be speculative at this time to determine the impacts related to construction of new, or expansion of existing water facilities. Impacts from any required expansion of existing infrastructure required by new development associated with the Housing Element Update would be further analyzed under separate CEQA review when determinations are made on the type, scope, and location of the infrastructure improvements. The Housing Element Update’s impacts related to the potential for expansion of existing or construction of new water facilities would be less than significant.

Wastewater. The Town’s wastewater is collected and treated by the West Valley Sanitation District, which then transports wastewater to the San Jose-Santa Clara Regional Wastewater Facility (wastewater treatment plant). According to the General Plan EIR (Section 4.16, Utilities and Service Systems), the wastewater treatment plant treats an average of 110 million gallons per day (mgd), with a design capacity of up to 167 mgd.

The General Plan projects an increase of 8,971 residents, which the General Plan EIR calculates to be a 30 percent increase above the 2018 population. However, approximately 34 percent of the wastewater treatment plant capacity is available (67 mgd); therefore, the wastewater needs of the expected population growth under the General Plan would be met (Town of Los Gatos 2021, p. 4.16-19).

The sewer collection system within the Town has deficiencies that limit the amount of wastewater that can be conveyed through the Town. According to the General Plan EIR, the West Valley Sanitation District’s Capital Improvement Plan has ongoing plans for replacement and upgrade of old sewer lines and lift equipment. The general maintenance and correction of deficiencies are funded by user fees; therefore, new development would be required to pay impact fees for system expansion that would accommodate the increased growth of the Town envisioned as part of the General Plan. Impact fees on new development would ensure that the wastewater collection system receives necessary upgrades to accommodate the additional population (p. 4.16-20). In addition, the implementation of the applicable General Plan policies under Goal PFS-2 would ensure proper management of wastewater systems and infrastructure for new development and redevelopment in the Town.

The ongoing upgrades to the sewer system under the capital improvement plan and the General Plan would occur in developed areas of the Town that are previously disturbed and ensure that adequate wastewater systems and infrastructure would be available to meet future demands. Therefore, the General Plan EIR determined that the environmental impacts of construction involved with upgrades to the Town’s wastewater system would be less than significant (p. 4.16-20).

Development associated with the Housing Element Update would increase the population in Los Gatos, which would increase the demand on the wastewater treatment

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plant. However, the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and its population growth is encompassed within the General Plan’s anticipated population growth of 8,971. As indicated previously, the General Plan EIR has already evaluated the population growth projections associated with the Housing Element Update. Therefore, the Housing Element Update’s increased demand on the Town’s wastewater system would be adequately accommodated by the remaining capacity within the wastewater treatment plant.

Development associated with the Housing Element Update would also increase the amount of wastewater conveyed by the Town’s existing sewer collection system.

However, the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, each development associated with the Housing Element Update would be required to pay impact fees for system expansion necessary to accommodate the increased growth. Payment of these impacts fees would reduce potential impacts associated with the construction of new, or expansion of existing, sanitary sewer system to a less-than-significant level.

Stormwater Drainage. Development facilitated by the General Plan would create new impervious surfaces, which would result in increased stormwater runoff to the Town’s municipal storm drain system. However, according to the General Plan EIR (Section

4.16, Utilities and Service Systems), the General Plan focuses on infill development, which would reduce the amount of open space and permeable surfaces converted into impervious surfaces. Further, the amount of new impervious surfaces would be reduced through implementation of best management practices, including low impact development approaches, aimed at reducing stormwater runoff to ensure downstream storm drain capacity is not exceeded (Town of Los Gatos 2021, p. 4.16-21).

Because development would occur within urbanized areas of the Town, and best management practices would be incorporated, the construction or expansion of existing storm drain facilities would not likely be required as a result of implementation of the General Plan. However, storm drain improvements or connections to existing storm drains required for each individual project developed under the General Plan would be further analyzed under separate CEQA review as part of each individual project. Impacts related to storm drain facilities would be less than significant (Town of Los Gatos 2021, p. 4.16-22).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would primarily involve infill development. Additionally, the Housing Element Update would be required to implement best management practices and low impact development approaches to reduce stormwater runoff and ensure that downstream storm drain capacities are not exceeded. Development associated with the Housing Element Update would be required to comply with General Plan Policy PFS-3.1, which requires that CEQA review analysis occurs for all development projects consisting of single and cumulative impacts on water drainage (runoff) and contamination (water quality) in all areas. Implementation of best management practices and compliance with General Plan Policy PFS-3.1 would ensure

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that the Housing Element Update’s impacts related to the potential for construction of new storm drainage facilities would be less than significant.

Electricity/Natural Gas/Telecommunications. The General Plan EIR concluded (page 4.16-22) that with implementation of the 2040 General Plan goals and policies, impacts related to electric power, natural has, and telecommunication would be less than significant.

Development facilitated by the General Plan would be required to implement the applicable policies under General Plan Goal PFS-6 (encourage development that reduces the use of non-renewable energy resources and expands the use of renewable resources and alternative fuels) and Goal PFS-7 (promote green buildings that minimize consumption of energy and natural resources). Implementation of the applicable General Plan policies as well as required separate CEQA review for each individual project that requires new connection to existing services would ensure that impacts related to the construction of new, or expansion of existing, electricity, natural gas, or telecommunications facilities would be less than significant (Town of Los Gatos 2021, p. 4.16-22).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would facilitate infill development where existing electricity, natural gas, and telecommunications facilities currently exist. Individual development associated with the Housing Element Update would be required to connect into these existing facilities and the impacts of these new connections would be determined under separate CEQA analysis at the time such development is proposed (page 4.16-21). Therefore, development associated with the Housing Element Update would comply with existing energy efficiency regulations as well as implement applicable General Plan policies, and separate CEQA analysis would occur at the time individual projects are proposed to determine the potential for impacts associated with the new connections. For these reasons, the Housing Element Update would result in less than significant impacts related to the potential for construction of new, or expansion of existing, electricity, natural gas, and telecommunications facilities.

The General Plan EIR adequately addressed the Housing Element Update’s potential to require the expansion of existing or the construction of new water, wastewater, stormwater drainage, electricity, natural gas, and/or telecommunications facilities, the construction of which could cause significant environmental impacts. b. San Jose Water Company is the water service provider for the Town and the Santa Clara Valley Water District (Valley Water) manages the Santa Clara Valley Groundwater subbasin, which supplies approximately one-third of the Town’s water supply. During preparation of the General Plan EIR, the San Jose Water Company was undergoing the preparation of the 2020 Urban Water Management Plan. Therefore, the General Plan EIR relied on the analysis within the 2015 Urban Water Management Plan.

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According to the 2015 Urban Water Management Plan, the San Jose Water Company had adequate water supply capacity to meet its demands through 2040, which included the growth in the Town anticipated by the General Plan. Development under the General Plan would result in the increase in residential and nonresidential uses, which would result in an incremental increase in the Town’s water demand. As indicated in the 2015 Urban Water Management Plan, the San Jose Water Company has sufficient supplies to support development under the General Plan during a normal year. However, it was determined that projected water demands would likely exceed supply totals in the event of a multiple dry year scenario. Therefore, the San Jose Water Company would not have sufficient water supply to accommodate the demand of development and the population increase facilitated by the General Plan through 2040.

As a result, Section 4.16, Utilities and Service Systems, of the General Plan EIR explains that the San Jose Water Company would enact its Water Shortage Contingency Plan, which includes four stages of action based on water supply conditions. The Town would also increase its reliance on recycled water supply and water conservation measures implemented by the San Jose Water Company and the Valley Water reducing demands.

Additionally, the Town would impose water conservation tactics on new development to further reduce water demand. Development under the General Plan would be required to implement the polices associated with General Plan Goal PFS-1 (ensure an adequate water supply for the Town’s human, wildlife, and plant populations), which are consistent with the purpose of the 2015 Urban Water Management Plan to encourage the sustainable use and management of water supplies and infrastructure in the Town. With reliance on recycled water supply and water conservation measures, in addition to compliance with applicable General Plan policies, impacts related to water supply would be less than significant (p. 4.16-19).

Development associated with the Housing Element Update would result in the increase of the residential population of the Town, which would increase the demand on water supplies. Development associated with the Housing Element Update would be required to implement General Plan Policy PFS-1, which requires that landscaping and hardscaping for all development is designed to minimize water usage and enhance water conservation; Policy PFS-1.2, which requires that all new home construction and remodeled homes comply with the Bay-Friendly Landscaping Guidelines in addition to the landscaping standards in the GreenPoint Rated Building Guidelines; Policy PSF-1.3, which requires the use of water-saving devices in new developments and pumping-related remodels; and Policy PFS-1.4, which requires that all new development install waterefficient irrigation management systems and devices, such as evapotranspiration or soil moisture-based irrigation controls.

In addition to compliance with the above-mentioned General Plan policies, the Housing Element Update’s population growth was already evaluated in the General Plan EIR and anticipated by the General Plan. Therefore, the Housing Element Update’s impacts related to increased demand on the Town’s water supplies would be less than significant.

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As previously mentioned, since the certification of the General Plan EIR and adoption of the General Plan, the San Jose Water Company has adopted its 2020 Urban Water Management Plan. The 2020 Urban Water Management Plan concluded that San Jose Water Company anticipates adequate supplies to meet system demand under average year, single dry year, and multiple dry year conditions through 2045 (San Jose Water Company 2021, p. 7-11). However, there is the possibility for a call for a mandatory 20 percent conservation during multi-year droughts (p. 7-12).

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to the Town’s water supplies.
c. Refer to the discussion about wastewater under checklist question “a.” The growth envisioned in the General Plan would require an increase in wastewater capacity to meet the treatment demand from new development; however, the wastewater treatment needs of the General Plan, in addition to existing needs, would be met due to excess capacity within the wastewater treatment plant. As for the wastewater collection system, ongoing upgrades under the West Valley Sanitation District’s Capital Improvement Plan would continue to occur and new development under the General Plan would be required to pay impact fees for system expansion that would accommodate the increased growth in the Town.

Therefore, Section 4.16, Utilities and Service Systems, of the General Plan EIR determined that the growth envisioned by the General Plan would result in less than significant impacts related to the West Valley Sanitation District’s ability to serve the projected demand in addition to its existing commitments.

The Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, the increased wastewater demands associated with development under the Housing Element Update have been evaluated by the General Plan EIR. Therefore, the wastewater treatment needs of the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would be met by the excess capacity remaining within the wastewater treatment plant.

Development associated with the Housing Element Update would be required to pay impact fees related to the expansion of the wastewater collection system that would accommodate the increased growth in the Town anticipated by the Housing Element Update. Therefore, the Housing Element Update would result in less than significant impacts related to the West Valley Sanitation District’s ability to serve its increased wastewater demand in addition to its existing commitments.

The General Plan EIR adequately addressed the Housing Element Update’s potential to impact the West Valley Sanitation District’s ability to serve the projected demand of the Housing Element Update in addition to its existing commitments. d. Solid waste within the Town is disposed of at the Guadalupe Landfill, which is permitted to accept 3,650 tons of material daily and is projected to reach capacity in 2048. Using the residential disposal rates of the Santa Clara Integrated Waste Management Account,

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residential buildout under the General Plan could result in the daily solid waste generation of approximately 294,158 pounds per day (or approximately 147 tons per day).

Therefore, as discussed in Section 4.16, Utilities and Service Systems, of the General Plan EIR, the residential demand in solid waste anticipated by the General Plan would increase disposal at the Guadalupe Landfill by approximately one percent. Because the landfill has a remaining capacity of 11,055,000 cubic yards, it would have sufficient capacity to accommodate the General Plan’s residential increase in solid waste generation (Town of Los Gatos, p. 4.16-23). Although there would be sufficient capacity, the General Plan EIR also discusses the reduction in trash production and promotes recycling and potentially introducing Townwide composting to reduce the amount of solid waste sent to the Guadalupe Landfill. Implementation of the General Plan policies associated with Goals PFS-4 and PFS-5 would help conserve space at the landfill and impacts would be less than significant (Town of Los Gatos 2021, p. 4.16-24).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and its residential solid waste generation has already been evaluated in the General Plan EIR. The General Plan’s residential solid waste generation encompasses the total of residential solid waste generation that would be created by the Housing Element Update. Therefore, because the General Plan EIR concludes that the General Plan’s residential solid waste generation could be accommodated by the Guadalupe Landfill, the solid waste generation as a result of the Housing Element Update would also be accommodated. Development associated with the Housing Element Update would also be required to implement the policies identified under General Plan Goals PFS-4 and PFS-5 to help conserve space at the landfill. For these reasons, the Housing Element Update would not generate solid waste in excess of the capacity of local infrastructure.

The General Plan EIR adequately addresses the Housing Element Update’s potential impacts related to solid waste generation.
e. The General Plan EIR (Section 4.16, Utilities and Service Systems) concludes that implementation of the General Plan’s goals and policies would support the reduction and diversion of waste consistent with state goals for solid waste reduction. Implementation of applicable General Plan goals and policies would ensure that development under the General Plan would comply with federal, state, and local management and reduction statutes and regulations related to solid waste. Impacts would be less than significant (Town of Los Gatos 2021, p. 4.16-24).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would be required to comply with applicable General Plan policies such as Policy PFS-4.1, which requires the recycling of reusable materials from residential and construction/renovation activities.

Implementation of applicable General Plan policies would ensure that the Housing Element Update complies with federal, state, and local management and reduction statutes and regulations related to solid waste and no impacts would occur.

Section C Evaluation of Environmental Impacts 97 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The General Plan EIR adequately addresses the Housing Element Update’s potential impacts related to compliance with federal, state, and local regulations associated with solid waste.

Section C Evaluation of Environmental Impacts 98 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

20. WILDFIRE
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Comments:

The sites associated with the Housing Element Update that make up the “Downtown Area” are located within lands classified as very high fire hazard severity zones in local responsibility areas (CalFire 2022). Figure 3, Downtown Area Sites’ Fire Hazards, illustrates those sites associated with the Housing Element Update that are within a very high fire hazard area. a. The Santa Clara County Operational Area Hazard Mitigation Plan and the Santa Clara County Community Wildfire Protection Plan include techniques for reducing wildfire risk in the Town through land use decisions, inter-agency coordination, community programs, and emergency response improvements. The General Plan Safety Element also directs the Town to accommodate safety needs when planning and designing, while increasing the resiliency of residents and businesses to respond to and be prepared for potential emergencies and disasters.

The General Plan EIR (Section 4.17, Wildfire) states that all development consistent with the General Plan shall comply with the applicable General Plan policies and the Santa Clara County Fire Department shall review and approve all development projects to ensure that emergency access meets standards. Compliance with such actions would ensure that potential impacts from implementation of the General Plan on emergency response and evacuation would be less than significant (p. 4.17-7).

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Substantially impair an adopted emergency response
plan or emergency evacuation plan?
☐ ☐ ☒ ☐
b. Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire
or the uncontrolled spread of wildfire?
☐ ☐ ☐ ☒
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
☐ ☐ ☒ ☐
d. Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
☐ ☐ ☐ ☒

Source: Santa Clara County GIS 2022,
Google Earth 2022, CalFire FHSZ 2022
Figure 3
Downtown Area Sites’ Fire Hazards
0 500 ft
Downtown Area
Parcels
Los Gatos
Town Limits
Very High Fire Hazard Severity
(Local Responsibility Area)
UV17
UV17
UV17
W. Main St.

University Ave.

North Santa Cruz Ave.

Saratoga-Los Gatos Rd.

Los Gatos 6th Cycle Housing Element Environmental Analysis

Section C Evaluation of Environmental Impacts 100 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
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Section C Evaluation of Environmental Impacts 101 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, each individual site to be developed would require careful consideration of the adequacy of water storage for fire protection during its development review process in compliance with General Plan Policy HAZ-4.3. Additionally, the Santa Clara County Fire Department would be required to review and approve each development project’s plans. Such actions would ensure that the Housing Element Update’s potential impacts related to emergency evacuation and emergency response plans are less than significant.

The General Plan EIR adequately addresses the Housing Element Update’s impacts related to emergency response or emergency evacuation plans. b. Prevailing winds in the Town generally blow southeast; therefore, a wildfire could potentially be carried, as well as smoke and air pollutants, across or down the nearby eastand north-facing slopes of the Santa Cruz Mountains into thick vegetation towards the more urbanized areas of the Town (Town of Los Gatos 2021, p. 4.17-7 and -8).

The risk of wildfire in the Town is most prevalent for those areas of the Town within and surrounding the Santa Cruz Mountains. However, the General Plan EIR (Section 4.17, Wildfire) states that development under the General Plan would not introduce new people or structures to these areas beyond what was already permitted by the previous general plan. Therefore, compliance with applicable General Plan policies reducing wildfire risks in the Town, in addition to the fact that the General Plan would not allow for new development in areas that were not already permitted for development, the General Plan would not exacerbate existing wildfire risks or expose project occupants to pollutant concentrations from a wildfire and impacts would be less than significant (Town of Los Gatos 2021, p. 4.17-8).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would be required to comply with General Plan Policy HAZ-4.1, which requires that fire preventative site design, access, fire-safe landscaping, and building materials, as well as the incorporation of fire suppression techniques, occur in new development located in or adjacent to fire hazard areas. Because development associated with the Housing Element Update was evaluated in the General Plan EIR and anticipated by the General Plan, the Housing Element Update would not exacerbate wildfire risks thereby exposing its occupants to pollutant concentrations from a wildfire or the uncontrolled spread of wildfire.

The General Plan EIR adequately addressed the Housing Element Update’s impact related to exacerbating wildfire risks and exposing occupants to pollutant concentrations from a wildfire.
c. The General Plan EIR (Section 4.17, Wildfire) states that the General Plan would facilitate strategic growth in the Town and would occur primarily as infill and redevelopment within the urbanized areas of the Town. Therefore, the majority of roads and utility infrastructure required for growth facilitated by the General Plan would be

Section C Evaluation of Environmental Impacts 102 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
existing or would occur in currently developed areas, resulting in negligible temporary or ongoing environmental impacts. Because this development would occur in urbanized areas of the Town, where large tracts of vegetation cover are not present, the risk of wildfire would not be exacerbated (Town of Los Gatos 2021, p. 4.17-9). However, portions of the Town’s southern incorporated areas lie within very high fire hazard severity zones; therefore, potential development facilitated by the General Plan in these areas would be subject to the latest California Fire Code, which includes safety measures to minimize the threat from wildfire. In addition, compliance with applicable General Plan policies that require the maintenance of fire roads throughout the Town and adequate emergency response along the wildfire fuel monitoring would be required.

Maintenance and monitoring of wildfire fuel could generate temporary or ongoing impacts related to noise and vegetation removal, but would occur infrequently and is limited to the areas immediately next to fire access roads. Maintenance of these areas would reduce the potential for severe or catastrophic wildfires, rather than exacerbate them (p. 4.17-9). Therefore, the General Plan EIR concluded that impacts related to fire protection-related infrastructure that may exacerbate fire risk would be less than significant (p. 4.17-10).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would occur as infill and redevelopment within the urbanized areas of the Town. The Housing Element Update would be required to comply with the applicable regulations of the California Fire Code as well as Title 14 of the California Code of Regulations, which sets forth the minimum development standards for emergency access, fuel modification, setback, signage, and water supply, which help prevent loss of structures or life by reducing wildfire hazards.

Because the maintenance and monitoring of wildfire fuel and the creation of fuel breaks would be infrequent and occur in limited areas, the temporary or ongoing impacts related to noise and vegetation removal would be considered less than significant. Therefore, development associated with the Housing Element Update would result in less than significant impacts related to the installation or maintenance of associated fire protection infrastructure.

The General Plan EIR adequately addressed the Housing Element Update’s impacts related to fire protection infrastructure and its potential to exacerbate fire risk. d. As discussed in the General Plan EIR (Section 4.17, Wildfire), severe wildfires damage the forest or shrub canopy, the plants below, and the soil, which can result in increased runoff after intense rainfall putting homes and other structures below a burned area at risk of localized floods and landslides. Slopes at risk of wildfire in Los Gatos are primarily limited to the areas along the Santa Cruz Mountains and its foothills (p. 4.17-8).

As previously discussed, development consistent with the General Plan would not result in more or increased development in the Santa Cruz Mountains or surrounding areas than what has already been allowed by the previous general plan. Therefore, impacts related to exposing people or structures to risks, including downslope or downstream flooding or landslides as a result of runoff, post-fire instability, or drainage changes are determined by the General Plan EIR to be less than significant (Town of Los Gatos 2021, p. 4.17-8).

Section C Evaluation of Environmental Impacts 103 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development associated with the Housing Element Update would not be located outside of the Town’s incorporated limits, where the slopes at the highest risk of wildfire are located. In addition, because development associated with the Housing Element Update was evaluated in the General Plan EIR and anticipated by the General Plan, the Housing Element Update would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes.

The General Plan EIR adequately addressed the Housing Element Update’s impact related to exposure of significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slop instability, or drainage changes to people or structures.

Section C Evaluation of Environmental Impacts 104 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

21. MANDATORY FINDINGS OF SIGNIFICANCE
Comments:
a. As discussed in Section 4.0, Biological Resources, special-status plant and wildlife species are recorded as occurring in the riparian areas of the Town, but are not likely to occur in the developed portions due to lack of suitable habitat. However, both the General Plan and the Housing Element Update facilitates the increase in allowable density that could occur on some of the infill and redevelopment sites within the Town, which could require the upgrading of infrastructure facilities within riparian vegetation along creeks and waterways. Additionally, development within proximity to vegetation cover could result in new sources of light that affect nesting patterns or wildlife behavior. Therefore, implementation of the General Plan’s applicable goals and policies, as well as compliance with state and federal regulations related to special-status species and their habitats, would ensure that impacts to special-status species and their habitats by development associated with the General Plan and the Housing Element Update would be less than significant.

As discussed in Section 5.0, Cultural Resources, effects on cultural resources are only knowable once a specific project has been proposed because the effects are dependent on the individual project site conditions (page 4.5-10), project activities that may alter the character of a built environment resources, and/or the characteristics of the proposed ground-disturbing activity. Development associated with the Housing Element Update is not anticipated to disturb known historic resources; however, ground-disturbing activities have the potential to damage or destroy previously unknown historic or prehistoric Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Does the project have the potential to substantially degrade the quality of the environment; substantially
reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below selfsustaining levels; threaten to eliminate a plant or animal community; substantially reduce the number or
restrict the range of an endangered, rare, or threatened species; or eliminate important examples of the major
periods of California history or prehistory?
☐ ☒ ☐ ☐
b. Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects)
☒ ☐ ☐ ☐
c. Does the project have environmental effects, which
will cause substantial adverse effects on human beings, either directly or indirectly?
☐ ☒ ☐ ☐

Section C Evaluation of Environmental Impacts 105 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
archaeological resources that may be present on or below the ground surface.

Implementation of Mitigation Measure CR-1 would reduce impacts to a less-thansignificant level. b. As described in Section 3.0, Air Quality, the Housing Element Update’s criteria air pollutant emissions and their effects to air quality during construction would be reduced to a less-than-significant level with implementation of Mitigation Measure AQ-1 and the General Plan EIR concludes that the General Plan, which includes development associated with the Housing Element Update, would not have a cumulatively considerable contribution to regional air quality impacts.

The proposed development would result in temporary biological resource impacts during construction associated with special-status species. However, as described in Section 4.0, Biological Resources, construction impacts would be reduced to a less-than-significant level with implementation of applicable General Plan policies. Therefore, development associated with the Housing Element Update would not have a cumulatively considerable impact on biological resources.

Section 5.0, Cultural Resources, concludes that earthmoving activities may result in the loss of unknown prehistoric or historic subsurface archaeological resources onsite.

Because the development associated with the Housing Element Update would implement Mitigation Measure CR-1, they would not have a cumulatively considerable impact on cultural resources.

As discussed in Section 8.0, Greenhouse Gas Emissions, development associated with the Housing Element Update will generate GHG emissions that will contribute to the cumulative accumulation of GHG emissions is the atmosphere as its effects are not localized to areas where they are produced. Climate change is a global phenomenon resulting from the combined effects of GHG emissions produced worldwide.

Consequently, the analysis of climate change impacts from production of GHGs is inherently cumulative in nature. (See Center for Biological Diversity v. Department of Fish & Wildlife (2015) 62 Cal.4th 204, 219). However, even with mitigation measures, the impacts would not be capable of being reduced to a less than cumulatively considerable level and, therefore, impacts related to GHG are significant and unavoidable.

Section 13.0, Noise, concludes that development associated with the Housing Element Update would result in temporary construction noise impacts. However, Mitigation Measure N-1 would reduce impacts to a less-than-cumulatively considerable level. c. Development associated with the Housing Element Update would have the potential to expose sensitive receptors to construction toxic air contaminant emissions that can lead to increased cancer risks that exceed the air district cancer risk thresholds.

Implementation of Mitigation Measure AQ-1 would reduce this impact to less than significant. Construction noise and vibrations would also occur at buildout of the General Plan and Housing Element Update; therefore, implementation of Mitigation Measures N-1 and N-2 would be required to reduce impacts to a less-than-significant level.

Section C Evaluation of Environmental Impacts 106 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
D. SOURCES
Environmental Setting/Background/Methodology
Town of Los Gatos. January 2011. Town of Los Gatos 2020 General Plan. Los Gatos, CA. —. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalDescription of Proposal California Department of Finance. May 2022. “E-5 Population and Housing Estimates for Cities, Counties, and the State, January 2021-2022, with 2020 Benchmark.” Accessed on October 24, 2022. https://dof.ca.gov/forecasting/demographics/estimates/e-5- population-and-housing-estimates-for-cities-counties-and-the-state-2020-2022/ Town of Los Gatos. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period.
https://www.losgatosca.gov/DocumentCenter/View/31815/HDC-Initial-ReviewDraft-SubmittalAesthetics Caltrans. “California State Scenic Highway System Map.” Accessed on October 18, 2022. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46 cc8e8057116f1aacaa
Google Earth. 2022.

Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175. Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html

Section C Evaluation of Environmental Impacts 107 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
—. June 2022. Los Gatos Municipal Code.
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=THC

OTOLOGACA
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalAgriculture California Department of Conservation. “California Important Farmland Finder.” Accessed on October 27, 2022. https://maps.conservation.ca.gov/DLRP/CIFF/ Google Earth. 2022.

Town of Los Gatos. January 2011. Town of Los Gatos 2020 General Plan. Los Gatos, CA. —. November 2019. Town of Los Gatos Zoning Map. Los Gatos, CA. —. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
Air Quality
Bay Area Air Quality Management District. April 2017. Final 2017 Clean Air Plan. https://www.baaqmd.gov/~/media/files/planning-and-research/plans/2017-clean-airplan/attachment-a_-proposed-final-cap-vol-1-pdf.pdf?la=en Town of Los Gatos. October 2012. Los Gatos Sustainability Plan. Los Gatos, CA. https://www.losgatosca.gov/DocumentCenter/View/8162/LosGatosSustainabilityPlan_October-2012_201308121810582238?bidId= —. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalPage 1075 Section C Evaluation of Environmental Impacts 108 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Biological Resources
Santa Clara Valley Habitat Agency. August 2012. Final Santa Clara Valley Habitat Plan. https://scv-habitatagency.org/178/Santa-Clara-Valley-Habitat-Plan —. “Santa Clara Valley Habitat Agency Geobrowser.” Accessed on October 31, 2022. http://www.hcpmaps.com/habitat/
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalCultural Resources Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-Submittal- —. “Historic Districts.” Accessed on October 25, 2022d. https://www.losgatosca.gov/1999/Historic-Districts
Energy
Town of Los Gatos. October 2012. Los Gatos Sustainability Plan. Los Gatos, CA. https://www.losgatosca.gov/DocumentCenter/View/8162/LosGatosSustainabilityPlan_October-2012_201308121810582238?bidId= —. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.

Section C Evaluation of Environmental Impacts 109 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
—. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalGeology and Soils California Department of Conservation. “Earthquake Zones of Required Investigation.” Accessed on October 19, 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/ Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalGreenhouse Gas Emissions Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalHazards and Hazardous Materials Google Earth. 2022.

Section C Evaluation of Environmental Impacts 110 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalHydrology and Water Quality San Jose Water Company. June 2021. 2020 Urban Water Management Plan. San Jose, CA. https://www.sjwater.com/sites/default/files/2021-
06/2020%20UWMP%20FINAL%20with%20Appendices.pdf
Santa Clara Valley Water District. November 2021. 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins. San Jose, CA.

Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. June 2022. Los Gatos Municipal Code.
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=THC

OTOLOGACA
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalLand Use and Planning Association of Bay Area Governments. July 2017. Plan Bay Area 2040. http://files.mtc.ca.gov/library/pub/30060.pdf
Bay Area Air Quality Management District. April 2017. Final 2017 Clean Air Plan. https://www.baaqmd.gov/~/media/files/planning-and-research/plans/2017-clean-airplan/attachment-a_-proposed-final-cap-vol-1-pdf.pdf?la=en

Section C Evaluation of Environmental Impacts 111 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Town of Los Gatos. October 2012. Los Gatos Sustainability Plan. Los Gatos, CA. https://www.losgatosca.gov/DocumentCenter/View/8162/LosGatosSustainabilityPlan_October-2012_201308121810582238?bidId= —. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalMineral Resources Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. June 2022. Los Gatos Municipal Code.
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=THC

OTOLOGACA
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalNoise Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html

Section C Evaluation of Environmental Impacts 112 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
—. June 2022. Los Gatos Municipal Code.
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OTOLOGACA
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalPopulation and Housing Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalPublic Services California Department of Finance. May 2022. “E-5 Population and Housing Estimates for Cities, Counties, and the State, January 2021-2022, with 2020 Benchmark.” Accessed on October 24, 2022. https://dof.ca.gov/forecasting/demographics/estimates/e-5- population-and-housing-estimates-for-cities-counties-and-the-state-2020-2022/ Cambrian School District. “Cambrian School District.” Accessed on November 8, 2022. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.cambriansd.org/cms/lib /CA01902282/Centricity/Domain/369/District%20Map%208.2.17.pdf Campbell Union High School District. “Campbell Union High Explorer.” Accessed on November 8, 2022. https://campbellhighdistrictexplorer.azurewebsites.net/ Campbell Union School District. “Where We Are.” Accessed on November 8, 2022. https://www.campbellusd.org/whereweare
Los Gatos-Saratoga Joint Union High School District. “Los Gatos-Saratoga Joint Union High School District.” Accessed on November 8, 2022. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://cdn5- ss11.sharpschool.com/UserFiles/Servers/Server_87205/File/District%20Information/ 2022%20with%20North%2040%20district%20Large%20Map.pdf

Section C Evaluation of Environmental Impacts 113 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Los Gatos Union School District. “SchoolSite Locator.” Accessed on November 8, 2022. https://portal.schoolsitelocator.com/apps/ssl/?districtcode=00215 Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalUnion Elementary School District. “Union Elementary School District (Grades K-8).” Accessed on November 8, 2022.

Chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://1.cdn.edl.io/ 4IG0VO3LMqjGlSy47x70hqmSI641ljrtp14Vijs85FsiIzGO.pdf
Recreation
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalTransportation Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. November 2021. 2040 General Plan Revised Sections of Draft Environmental Impact Report. Los Gatos, CA.
—. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf

Section C Evaluation of Environmental Impacts 114 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
—. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalTribal Cultural Resources Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. June 2022. Los Gatos Municipal Code.
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=THC

OTOLOGACA
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalUtilities and Service Systems San Jose Water Company. June 2021. 2020 Urban Water Management Plan. San Jose, CA. https://www.sjwater.com/sites/default/files/2021-
06/2020%20UWMP%20FINAL%20with%20Appendices.pdf
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. June 2022. Los Gatos Municipal Code.
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=THC

OTOLOGACA

Section C Evaluation of Environmental Impacts 115 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalWildfire CalFire. “FHSZ Viewer.” Accessed on October 24, 2022. https://egis.fire.ca.gov/FHSZ/ Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalMandatory Findings of Significance Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalPage 1083 Section C Evaluation of Environmental Impacts 116 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
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-----Original Message-----
From: Jennifer Liebthal < >
Sent: Sunday, January 29, 2023 6:11 AM
To: Housing Element <[email protected]>
Subject: Re: 1/30 public hearing on 405 Alberto Way - feedback [EXTERNAL SENDER]
On more important concern, I just found the proposed height of 50ft. This not only block our views of the mountains but is also not in character with the neighborhood.

I implore the town to require them to stay at the 35 ft height limit ! Thank you,
Jennifer
> On Jan 28, 2023, at 8:56 AM, Jennifer Liebthal < > wrote:
>
> Hello,
>
> I would like to provide some feedback on the public hearing for 405 Álberto Way on January 30th as I can not attend in person due to being out of town.
>
> I own a home/condo at 420 Alberto Way. My home face is this development. The first comment I have is regarding parking. I noticed that there was between 108 and 132 on site parking spaces some of which are actually street parking for this development of 54 units. I believe the requirement is 1.5 parking spots plus one guest parking spot per dwelling which would be 162. Parking on our street is very limited, and we can’t afford to lose any more of that parking. I would encourage the towns require more parking or less dwellings on the property.
>
> I was looking through all the links, and for some reason could not find any pictures of how the units would sit on the property. Is this something that is available? Will there be open space as part of this development?
>
> Thanks,
> Jennifer
ATTACHMENT 17

From: Rick Van Hoesen
Sent: Monday, January 30, 2023 10:53 AM
To: Clerk <[email protected]>
Cc: Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Matthew Hudes <[email protected]>; Rob Rennie <[email protected]>; Rob Moore <[email protected]>
Subject: Public Comment Item #1
[EXTERNAL SENDER]
To the Town Clerk: please include the attached letter with the materials for the Town Council meeting scheduled for tomorrow - January 31 2023.

Thank you.

pg. 1 of 2
January 30, 2023
To the Town Council:

We are writing out of deep concern regarding the legality and appropriateness of the actions being proposed by the Planning Commission (PC) and Town Staff (Staff) for the Town Council meeting on January 31, 2023 with respect to the Town’s Housing Element.

On January 11, 2023, the Planning Commission forwarded to the Town Council a recommendation to adopt the Draft 2023-2031 Housing Element that it previously submitted to the California Housing and Community Development Department (HCD) on October 14, 2022. The PC made its recommendation on January 11 in full knowledge that it would receive HCD’s written comments no later than the very next day - January 12.

It was no surprise that HCD’s written comments included the finding that, “revisions will be necessary to comply with State Housing Element Law.” Virtually every other city had received such a finding in response to first submissions, and the Planning Commission was aware of other submissions and HCD comment letters.

This finding triggers the provisions of California Code Sections 65585 (e) and (f). Those paragraphs read as follows (emphasis and [comments] added):
(e) Prior to the adoption of its draft element or draft amendment, the legislative body [Town Council] shall consider the findings made by the department [HCD]. If the department's findings are not available within the time limits set by this section, the legislative body may act without them.
(f) If the department finds that the draft element or draft amendment does not substantially comply with the requirements of this article, the legislative body shall take one of the following actions:
(1) Change the draft element or draft amendment to substantially comply with the requirements of this article.
(2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with the requirements of this article despite the findings of the department.

So to be clear:
• HCD made a finding that the draft Housing Element submitted to the TC by the Planning Commission and Town Staff does not comply with the requirements of the law. • The Town Council is therefore legally required to either:

January 30, 2023
Los Gatos Community Alliance pg. 2 of 2
o change the draft housing element to comply with the law before adopting it, or alternatively to
o set forth a detailed explanation explaining the reasons it believes the housing element complies with the law despite HCD’s finding to the contrary. • The Planning Commission and Town Staff are recommending to the Town Council that it take neither of these legally required actions, and instead has proposed a resolution to adopt the draft housing element essentially unchanged from when it was submitted to HCD in October (with some changes to the site inventory.) The resolution being proposed by the Town Staff contains the completely misleading and untrue assertion that the draft Housing Element substantially complies with Housing element law. How do we know this assertion is untrue? o Because – as mentioned above – the HCD letter says, “revisions will be necessary to comply with State Housing Element Law.” And because the same HCD letter sets forth multiple reasons why the draft Housing Element fails to comply with Housing Element law. None of these reasons are rebutted in the draft resolution before the Town Council.
o Furthermore, the Town Staff and Planning Commission have already said they plan to continue working on the Housing Element in response to the HCD letter, in order to bring the Housing Element into compliance with the HCD comments and Housing Element law. If the Housing Element is already in compliance, then why is there a need to continue working on it?
There are several potential legal consequences for taking this non-legal action, but setting those aside, it is mind-boggling to consider that the Town Staff and Planning Commission have placed before the Town Council a recommendation to take an action that is clearly not legally permissible.

Please do the right thing and reject the flawed recommendation to adopt a legally deficient Housing Element. It would not only place the Town in legal jeopardy, it would subject the Town to potentially severe financial sanctions.

Rick Van Hoesen
For the Los Gatos Community Alliance